Review of the Public Integrity Reform Act of 2011, Part 4: Pension Forfeiture for Public Officials Convicted of a Felony

See earlier posts on the Public Integrity Reform Act (PIRA):

Part 1: The Joint Commission on Public Ethics (JCOPE)
Part 2: The Project Sunlight Database
Part 3: Advocacy Organization Donor Disclosure Requirement

Pension Forfeiture for Public Officials Convicted of a Felony

PIRA provides that, for new hires, it shall be a term and condition of membership in a public retirement system that members’ retirement benefits are subject to forfeiture under certain circumstances.

It allows the Attorney General or a District Attorney to bring a civil action to seek the forfeiture of the pension of any public official or employee (state or local) who is convicted of certain crimes related to their public office:

• a felony for committing, aiding or abetting a larceny of public funds from the state or a local government;
• a felony committed in direct connection with service as a public official; or
• a felony committed by such person who, with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain or advantage for himself or herself or for some other person, through the use or attempted use of the power, rights, privileges or duties of his or her position as a public official.

In order to succeed in a pension forfeiture action, the Attorney General or District Attorney must prove by “clear and convincing evidence” that the defendant “knowingly and intentionally” committed at least one of the aforementioned crimes. Even after meeting that standard, the court still has the discretion to reduce or revoke the pension based on a number of factors, including the severity of the crime, the defendant’s criminal history, the loss to the state or local government, and the impact of the forfeiture on the defendant’s dependents.

It’s important to note that these provisions will apply only to new legislators, but not to those who were in office when it was voted on.