New Jersey Senate Bill S3188

New Jersey 2022-2023 Regular Session

• Introduced: 10/13/22
• Refer: 10/13/22

Caption

Requires public officer or employee forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.

Impact

The passage of S3188 would have significant implications for state laws governing public pensions. It modifies existing regulations concerning pension rights and responsibilities, emphasizing the importance of maintaining honorable service as a precondition for pension benefits. The new law would shift the evaluation criteria for pension forfeiture cases to focus more heavily on the nature of the offense and its direct relation to public duties, potentially leading to a higher rate of pension forfeitures for misconduct. This could serve as a strong deterrent against corruption in public office.

Summary

Senate Bill S3188, introduced in New Jersey, is designed to address the misconduct of public officers and employees by enforcing strict penalties regarding pension benefits. The main provision of the bill mandates that any public officer or employee who is convicted of certain crimes must forfeit their pension. The specific offenses leading to forfeiture include crimes of the first and second degree, or similar offenses under federal law, if these crimes are related to their public duties. Additionally, the bill allows for the garnishment of a pension to satisfy any court-ordered restitution linked to these offenses.

Contention

While the bill seeks to preserve the integrity of public service by punishing misconduct, there are points of contention among lawmakers and advocacy groups. Critics argue that the definitions of honorable service and misconduct may be subjective, leading to potential abuses in implementation. Concerns also arise about the implications for employees who may face criminal charges that don't entail moral turpitude but would nonetheless result in the forfeiture of benefits. Supporters, however, contend that enforcing such measures is vital for public trust in government.