Bill Text: DE HB291 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Forfeiture Of Retirement Benefits For Public Employees Convicted Of Certain Crimes.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2012-04-03 - Introduced and Assigned to House Administration Committee in House [HB291 Detail]
Download: Delaware-2011-HB291-Draft.html
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SPONSOR: |
Rep. Hudson & Rep. Lavelle & Rep. Miro & Sen. Booth; |
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Reps. Lee, Ramone; Sen. Sorenson |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 291 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FORFEITURE OF RETIREMENT BENEFITS FOR PUBLIC EMPLOYEES CONVICTED OF CERTAIN CRIMES. |
Section 1.Amend §8308(c), Title 29 of the Delaware Code by adding a new paragraph (15) as shown below by underlining:
§8308. Board of Pension Trustees.
(a) There is established a Board of Pension Trustees.
(b) (1) The Board shall establish the Delaware Public Employees' Retirement System which has control and management of the state pension funds provided for in:
a. The State Employees' Pension Plan pursuant to Chapter 55 of this title;
b. The closed State Police Retirement Fund pursuant to subchapter II of Chapter 83 of Title 11;
c. The new State Police Retirement Fund pursuant to subchapter III of Chapter 83 of Title 11;
d. The State Judiciary Retirement Fund pursuant to Chapter 56 of this title;
e. The County and Municipal Employees' Retirement Fund pursuant to Chapter 55A of this title;
f. The County and Municipal Police/Firefighter Retirement Fund pursuant to Chapter 88 of Title 11;
g. The Volunteer Fireman's Pension Fund pursuant to Chapter 66A of Title 16;
h. The Diamond State Port Corporation Pension Plan pursuant to Chapter 87 of this title;
i. The County and Municipal Police/Firefighter Special Fund pursuant to Chapter 7 of Title 18;
j. The Special Pension Fund pursuant to Chapter 191, Volume 61, Laws of Delaware; and
k. The Local Government Retirement Investment Pool pursuant to Chapter 83 of this title.
(c) In addition to the foregoing, the Board shall have the following powers, duties and functions:
(15) To determine, after a hearing in accordance with the provisions of the Administrative Procedures Act, and order the forfeiture of all or part of the pension and retirement benefits of any member of the Delaware Public Employees' Retirement System (DPERS) who is convicted of certain crimes, as well as the forfeiture of all or part of the benefits for the member's beneficiaries and survivor annuitant that flow from the member's benefits; or having been indicted or having been charged in an information for the crime, the member made a plea bargaining agreement pursuant to which he or she pleaded guilty to or nolo contendere to a lesser crime; provided, however, that the lesser crime is a felony; or having been indicted or having been charged in an information for the crime, the member was granted immunity from prosecution for the crime.
A member aggrieved by a decision after a hearing by the Board of Pension Trustees may appeal that decision to Superior Court and such appeal and review shall be conducted according to the provisions governing judicial review of case decisions under the Administrative Procedures Act.
a. "Convicted" means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court on or after the effective date of this section in any federal or state court, and whether or not the person convicted was serving as an officer or employee of a public employer at the time of conviction.
b. "Certain crimes in relation to employment" means crimes that breach the duty of faithful and honest public service and are committed through the member's public office or position of public employment or when public employment places the member in a position to commit the crime, including, but not limited to, all Offenses Against Public Administration under Subchapter VI, Chapter 5, Title 11; any crime committed by a school employee against a student or another school employee; any form of theft or forgery at the level of a class A misdemeanor or higher; and all criminal offenses as set forth in federal law that are substantially the same as the crimes enumerated in this subparagraph.
c. A member of the DPERS is entitled to receive without interest his or her contributions paid into the pension fund. However, the contributions must be used to pay all fines, costs, restitution, and other fees associated with the criminal conviction if not paid prior to the proposed date of distribution to the member of his or her contributions.
Section 2. The provisions of this Act become effective 30 days after the enactment of this ActFor persons who are already members of the DPERS when this Act is enacted, the provisions will apply only to that portion of the member's contribution that is earned after the enactment of this Act and only to crimes committed after the enactment of this Act.
SYNOPSIS
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This bill allows the forfeiture of all or part of a public employee's pension and retirement benefits for any member of the Delaware Public Employees' Retirement System (DPERS) (see lines 7-17 of the bill) who is convicted of certain crimes related to employment, as well as for survivor benefits.The Board of Pension Trustees will decide the amount of forfeiture after a hearing in accordance with the Administrative Procedures Act.A member of the DPERS is entitled to receive without interest his or her contributions paid into the pension fund.However, the contributions must be used to pay all fines, costs, restitution, and other fees associated with the criminal conviction if not paid prior to the proposed date of distribution to the member of his or her contributions.The Act is effective 30 days after its enactment into law.For persons who are already members of the DPERS when this Act is enacted, the provisions will apply only to that portion of the member's contribution that is earned after the enactment of this Act and only to crimes committed after the enactment of this Act. |
