BILL NUMBER: AB 1433	INTRODUCED
	BILL TEXT


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.
State-mandated 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.