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HI HB2314
Bill
Status
1/27/2016
Primary Sponsor
Joseph Souki
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AI Summary
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Authorizes courts to decree forfeiture of Employees' Retirement System benefits for members, former members, or retirants convicted of employment-related felonies, if the court finds by preponderance of evidence that the felony is related to their state or county employment.
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Permits forfeiture of interest, hypothetical account balances (exceeding employee contributions), pensions, annuities, and retirement allowances, with designated beneficiaries retaining benefits unless they were also convicted based on the same circumstances.
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Defines "related to employment" felonies as those where the employee uses their official position to commit the crime, including felonies using state/county resources, bribery, embezzlement, theft of public funds or property, and felonies against persons in the employee's custody or supervision.
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Requires the Employees' Retirement System to comply with court orders decreeing forfeiture without independent inquiry into the order's propriety and exempts the system from recouping payments made before receiving the forfeiture order.
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Does not apply to felonies committed prior to the law's effective date or to non-forfeitable accrued benefits under existing statute sections 88-73(f), 88-281(g), and 88-331(f); effective date is July 1, 2091.
Legislative Description
Employees' Retirement System; Retirement Benefits; Felony Convictions; Forfeiture
Last Action
Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3).
2/19/2016