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AB-1433 Public officials’ pension benefits: felony conviction.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1433


Introduced  by  Assembly Member Fuentes

August 15, 2011


An act to add Section 1244 to the Government Code, relating to public officials’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


AB 1433, as introduced, Fuentes. Public officials’ pension benefits: felony conviction.
Existing law provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified.
This bill would additionally require a public officer, as defined, who is convicted of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, tampering with a witness, money laundering, the preparation of false documents, any felony arising directly out of his or her official duties, or conspiracy to commit any of those crimes arising directly out of his or her official duties, to forfeit all rights and benefits under any public retirement system in which he or she is a member, effective on the date of conviction. The bill would require any contributions made by that public officer to the public retirement system to be returned to the public officer without interest. The bill would prohibit these provisions from being construed to abrogate the rights of an innocent spouse or dependent who was not involved in the commission of any criminal activity to pension or other benefits.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1244 is added to the Government Code, to read:

1244.
 (a) If a public officer is convicted of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, tampering with a witness, money laundering, the preparation of false documents, any felony arising directly out of his or her official duties, or conspiracy to commit any of those crimes arising directly out of his or her official duties, he or she shall forfeit all rights and benefits under any public retirement system in which he or she is a member, effective on the date of conviction.
(b) Any contributions to the public retirement system made by the public officer described in subdivision (a) shall be returned, without interest, to the public officer, in a manner conforming with the requirements of the Internal Revenue Code.
(c) The public agency that employs a public officer described in subdivision (a) shall notify the public retirement system in which the person is a member of the person’s conviction.
(d) For purposes of this section, “public officer” means an officer or elected official of the state, a county, city, city and county, district, or authority, or any department, division, bureau, board, commission, agency, or instrumentality of any of these entities.
(e) This section shall not be construed to abrogate the rights of an innocent spouse or dependent who was not involved in the commission of any criminal activity to pension or other benefits.