08 LC 21
9925S
The
Senate Retirement Committee offered the following substitute to HB
255:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia
Annotated, relating to restrictions and prohibitions on membership in public
retirement or pensions systems, so as to define certain terms; to expand the
definition of the term "public employment related crime"; to provide for
notification of a conviction; to provide that a member of any such retirement or
pension system who is convicted of a public related crime shall forfeit
retirement or pension benefits in an amount equal to three times the economic
impact of the crime; to provide for an administrative hearing to determine the
economic impact of any such crime; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating
to restrictions and prohibitions on membership in public retirement or pensions
systems, is amended by adding a new paragraph to Code Section 47-1-20, relating
to definitions, to read as follows:
"(1.2)
'Economic impact of a public related crime' means the total of the economic gain
to the perpetrator of an employment related crime and the economic loss to the
public entity."
SECTION
2.
Said
article is further amended by revising paragraph (6) of Code Section 47-1-20,
relating to definitions, as follows:
"(6)
'Public employment related crime' means any one or more of the following
crimes:
(A)
Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when
the theft is by an officer or employee of a government in breach of duties as
such officer or employee and conviction for such crime is punishable under
paragraph (3) of subsection (a) of Code Section 16-8-12;
(B)
Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to
abuse of governmental office;
(C)
Making false statements or concealing facts in matters within the jurisdiction
of the state or a political subdivision as provided in Code Section
16-10-20;
(D)
Conspiracy to defraud the state or a political subdivision as provided in Code
Section 16-10-21;
(E)
Stealing, altering, or concealing public records as provided in Code Section
45-11-1;
and
(F)
Selling offices or dividing fees as provided in Code Section
45-11-2;
and
(G)
Any felony conviction for any of the crimes specified in subparagraphs (A)
through (E) of this paragraph under the laws of any other state or the United
States; provided, however, that the provisions of this subparagraph shall apply
to persons who first or again become members of a public retirement system on or
after July 1, 2008."
SECTION
3.
Said
article is further amended by revising subsection (b) of Code Section 47-1-22,
relating to forfeiture of rights and benefits by public employees after July 1,
1985, for committing public employment related crimes and reimbursement of
contributions, as follows:
"(b)
If a public employee commits a public employment related crime in the capacity
of a public employee and is convicted for the commission of such crime,
upon final
conviction such
employee
shall forfeit all rights and benefits under and membership in any public
retirement system in which the employee is a member, effective on the date of
final conviction. Any such public employee shall not at any time after such
final conviction be eligible for membership in any public retirement system. Any
employee contributions made by any such public employee to any public retirement
system during membership in the public retirement system shall be reimbursed,
without interest, to the public employee within 60 days after the date of final
conviction for the commission of a public employment related
crime
person´s
benefits under a public retirement or pension system, including any
survivor´s benefits if applicable, shall be reduced by an amount equal to
three times the economic impact of the crime, as determined pursuant to the
provisions of Code Section 47-1-25. Payment of such benefits shall cease until
such amount has been forfeited, after which benefits shall be restored. If the
person has not begun to receive a benefit, the deduction shall commence at the
time such benefits would normally begin. For purposes of this subsection, the
term 'benefit' shall not include a refund of employee contributions without
interest."
SECTION
4.
Said
article is further amended by adding a new Code section to read as
follows:
"47-1-22.2.
Upon
the final conviction of any person for a public employment related crime, the
prosecuting attorney shall so notify the defendant´s former public employer
and any public retirement system in which he or she knows the convicted public
employee to be an active, inactive, or retired member. Upon such notification,
the public employer shall also notify any such public retirement
system."
SECTION
5.
Said
article is further amended by adding a new Code section to read as
follows:
"47-1-25.
Within
30 days following the day the board of trustees receives notice that a member of
the retirement system has been convicted of an employment related crime, the
board shall initiate proceedings in the Office of State Administrative Hearings,
under the provisions of Article 2 of Chapter 13 of Title 50, to determine the
economic impact of the employment related crime. Such matter shall be deemed to
be a contested case within the meaning of such article. The Department of Law
shall represent the board of trustees in such proceedings. The decision of the
administrative law judge shall be final unless appeal is made as otherwise
provided by law."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.