HP1351
LD 1831
Second Regular Session - 125th Maine Legislature
 
LR 2745
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Allow Forfeiture of Maine Public Employees Retirement System Benefits for Persons Convicted of Certain Crimes

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §17813  is enacted to read:

§ 17813 Forfeiture of benefits for crime; restitution

Notwithstanding section 17054 or any other provision of this Part, if a member is convicted of or pleads guilty or no contest to a crime committed in connection with the member's public office or public employment or to a crime the member's position placed the member in a position to commit:

1 Forfeiture of retirement benefit.   If the penalties for the crime are greater than or equal to a Class C crime, the court may order the forfeiture of the member's right to receive any benefit or payment of any kind under this Part except a return of the amount contributed by the member to the retirement system without interest; and
2 Restitution.   If the court orders the member to make restitution to the State or any political subdivision of the State for monetary loss incurred as a result of the crime, the court may order that restitution payments be made by the retirement system from amounts credited to the member's account.

summary

This bill permits a court to order the forfeiture of benefits of a public employee who is a member of the Maine Public Employees Retirement System if the member is convicted of a crime for which the penalties are equal to or greater than a Class C crime if the crime is committed in connection with the member's public office or public employment or if the member's position placed the member in a position to commit the crime.

The bill also provides that amounts credited to the account of a member of the retirement system are available to pay any court-ordered restitution for economic loss suffered by the State or a political subdivision of the State as the result of the crime.


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