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DE HB291
Bill
Status
4/3/2012
Primary Sponsor
Gregory Lavelle
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AI Summary
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Authorizes the Board of Pension Trustees to order forfeiture of all or part of pension and retirement benefits for Delaware Public Employees' Retirement System (DPERS) members convicted of crimes related to employment.
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Applies to members convicted, or who pleaded guilty/nolo contendere to a lesser felony, or granted immunity from prosecution for crimes including offenses against public administration, school employee crimes against students/other employees, and theft or forgery at class A misdemeanor level or higher.
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Allows forfeiture decisions to be appealed to Superior Court under Administrative Procedures Act provisions, and requires Board to conduct hearings before ordering forfeiture.
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Permits members to receive their own contributions to the pension fund without interest, but requires contributions be used first to pay any fines, costs, restitution, and fees associated with criminal conviction.
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Becomes effective 30 days after enactment; for existing DPERS members applies only to contributions earned after enactment and crimes committed after enactment.
Legislative Description
An Act To Amend Title 29 Of The Delaware Code Relating To The Forfeiture Of Retirement Benefits For Public Employees Convicted Of Certain Crimes.
Last Action
Introduced and Assigned to House Administration Committee in House
4/3/2012