Louisiana House Bill HB224

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/8/10

Caption

Requires suspension of public retirement benefits during incarceration (EG DECREASE APV)

Impact

The enactment of HB 224 will not only alter the financial landscape for public servants facing incarceration but will also affect their families. The bill stipulates that while benefits are suspended due to incarceration, the individual will be treated as deceased for benefits distribution purposes. Consequently, their spouse or children will receive sums equivalent to what the inmate would have earned if they were deceased. This provision aims to provide some financial support to dependent family members while holding the public servant accountable.

Summary

House Bill 224 proposes significant changes to the management of public retirement benefits for public servants who are incarcerated due to crimes committed on or after the effective date of the law. Under this bill, such individuals will have their retirement benefits suspended during their incarceration, a departure from existing laws that often protect these benefits from legal processes. This change aims to ensure accountability and align public benefits with behavioral standards expected of public servants. The bill also introduces mechanisms for repayment of any benefits previously received that exceed the allowable amounts while incarcerated.

Sentiment

The sentiment surrounding HB 224 spans a spectrum of opinions. Supporters argue that it reinforces the ethical expectations of public servants and discourages misconduct by imposing real financial consequences for criminal actions. Critics, however, raise concerns about the harshness of penalizing individuals during periods that may not involve a conviction. There is a fear that innocent individuals wrongfully accused may face undue financial strain, challenging the bill’s intent of ensuring just consequences for actual wrongdoing.

Contention

Notable points of contention within this bill include the provisions for suspension of benefits and the repayment mechanisms. Critics highlight potential issues related to the fairness of placing financial burdens on public servants who may later be acquitted or have their convictions overturned. Additionally, the overarching question remains about the extent of the state's authority in regulating such benefits, especially in light of existing laws that protect retirement funds from being seized. This legislative proposal thus raises fundamental discussions about the balance between accountability and protection of rights for those in public service.