BILL NUMBER: SB 115 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2012
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator Strickland
(Coauthor: Assembly Member Nestande)
JANUARY 19, 2011
An act to amend Section 1243 of, and to add Section 1244 to, the
Government Code, relating to public employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 115, as amended, Strickland. Public employees: pensions:
forfeiture.
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 include tampering with a witness,
money laundering, and the preparation of false documents among the
specified felonies that would result in that forfeiture for any
elected public officer who takes public office, or is reelected to
public office, on or after January 1, 2012
2013 . This bill would also make clarifying changes to that
provision.
This bill would additionally require a public officer, as defined,
or public employee 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, or conspiracy to commit any of those crimes arising
directly out of his or her official duties on or after January 1,
2012 2013 , 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. That public officer or
employee would forfeit only that portion of his or her rights and
benefits that accrued on or after January 1, 2012
2013 . The bill would require any contributions made by
that public officer or public employee to the public retirement
system that arose directly from or accrued solely as a result of his
or her forfeited service would be returned to the public officer or
public employee without interest.
The bill would additionally specify that the pension forfeiture
provisions for elected public officers, other public officers, and
public employees shall not be construed to abrogate the rights of an
innocent spouse who was not involved in the commission of the felony
and would require the public retirement system to establish a
separate account to maintain the innocent spouse's community property
interests in any benefits accrued.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1243 of the Government Code is amended to read:
1243. (a) This section shall apply to any elected public officer
who takes public office, or is reelected to public office, on or
after January 1, 2006.
(b) If an elected public officer is convicted during or after
holding office 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, or
conspiracy to commit any of those crimes arising directly out of his
or her official duties as an elected public officer, 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.
(c) The elected public officer described in subdivision (b) shall
forfeit only that portion of his or her rights and benefits that
accrued on or after January 1, 2006, on account of his or her service
in the elected public office held when the felony occurred.
(d) Any contributions made by the elected public officer described
in subdivision (b) to the public retirement system that arose
directly from or accrued solely as a result of his or her forfeited
service as an elected public officer shall be returned, without
interest, to the public officer.
(e) The public agency that employs an elected public officer
described in subdivision (b) shall notify the public retirement
system in which the officer is a member of the officer's conviction.
(f) An elected public officer shall not forfeit his or her rights
and benefits pursuant to subdivision (b) if the governing body of the
elected public officer's employer, including, but not limited to,
the governing body of a city, county, or city and county, authorizes
the public officer to receive those rights and benefits.
(g) This section shall not be construed to abrogate the rights of
an innocent spouse who was not involved in the commission of the
felony. If an elected public officer is convicted of a felony
pursuant to subdivision (a), the public retirement system of which
the officer is a member shall establish a separate account to
maintain the innocent spouse's community property interest in any
benefits accrued by the elected public officer. The spouse's
community property interest shall consist of one-half of those
benefits, except as otherwise ordered by a court.
(g)
(h) For purposes of this section, "public officer"
means an officer of the state, or an officer of a county, city, city
and county, district, or authority, or any department, division,
bureau, board, commission, agency, or instrumentality of any of these
entities.
(h)
(i) This section applies to any person appointed to
service for the period of an elected public officer's unexpired term
of office.
(i)
(j) The amendments made by the act adding this
subdivision shall only apply to an elected public officer who takes
public office, or is reelected to public office, on or after January
1, 2012 2013 , with respect to the
rights and benefits accrued on or after January 1, 2012
2013 , on account of his or her service in the
elected public office held when the felony occurred.
SEC. 2. Section 1244 is added to the Government Code, to read:
1244. (a) If a public officer or public employee 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, 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) The public officer or public employee described in subdivision
(a) shall forfeit only that portion of his or her rights and
benefits that accrued on or after January 1, 2012
2013 .
(c) Any contributions made by the public officer or public
employee described in subdivision (a) to the public retirement system
that arose directly from or accrued solely as a result of his or her
forfeited service as a public officer or public employee shall be
returned, without interest, to the public officer or public employee.
(d) The public agency that employs a public officer or public
employee described in subdivision (b) shall notify the public
retirement system in which the person is a member of the person's
conviction.
(e) This section shall not be construed to abrogate the rights of
an innocent spouse who was not involved in the commission of the
felony. If a public officer or public employee is convicted of a
felony pursuant to subdivision (a), the public retirement system of
which the public officer or public employee is a member shall
establish a separate account to maintain the innocent spouse's
community property interest in any benefits accrued by the public
officer or public employee. The spouse's community property interest
shall consist of one-half of those benefits, except as otherwise
ordered by a court.
(e)
(f) For purposes of this section, the following
definitions shall apply:
(1) "Public officer" means an officer of the state, or an officer
of a county, city, city and county, district, or authority, or any
department, division, bureau, board, commission, agency, or
instrumentality of any of these entities. "Public officer" does not
include any elected public officer.
(2) "Public employee" means any person employed by any public
agency.