Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H18

Introduced
2/16/23  

Caption

Relative to pension forfeiture

Impact

If enacted, H18 would alter the Massachusetts General Laws to facilitate the forfeiture of pensions for individuals convicted of crimes that undermine the integrity of their positions. The bill stipulates that upon conviction, a retirement board must hold a hearing to decide if the crime is related to the individual's position, thereby mandating accountability for public servants. Furthermore, it mandates the return of retirement funds in cases of total forfeiture, ensuring that taxpayers are not bearing the cost of benefits received by convicted individuals. This could tighten the standards for eligibility for retirement benefits among public workers and enhance public trust in government accountability.

Summary

House Bill 18 (H18) seeks to amend existing laws related to the forfeiture of pension benefits for public employees who are convicted of felony offenses. This legislation aims to establish a clear process by which retirement benefits can be forfeited if a member of a retirement system is found guilty of committing crimes associated with their position or responsibilities. Specifically, the bill outlines conditions under which forfeiture proceedings can be initiated and the factors that will be considered when determining the extent of any forfeiture of benefits. This represents a significant tightening of the existing framework governing public employee pensions and misconduct.

Sentiment

The sentiment surrounding H18 appears overwhelmingly supportive among those advocating for stricter accountability measures for public employees. Proponents argue that public trust is vital and that those convicted of serious offenses should face significant consequences, including the loss of benefits they do not deserve. Conversely, there may be concerns expressed from some civil rights advocates who fear that strict forfeiture mechanisms could disproportionately affect lower-income public servants or lead to challenges regarding due process. Overall, the sentiment seems to favor increased transparency and integrity within public service.

Contention

Notable points of contention may arise regarding the definition of 'felony criminal offenses' and what constitutes a violation relevant to a public employee's role. Critics may advocate for considerations concerning the severity of the crime and the professional conduct involved, seeking to ensure that penalties do not unjustly impact individuals who may have made mistakes not directly related to their duties. Additionally, discussions around how the bill may disproportionately affect certain demographic groups or contribute to a climate of fear among public servants may be brought to the forefront during legislative hearings.

Companion Bills

MA H9

Replaced by Relative to pension forfeiture

Similar Bills

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CA AB1757

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CA SB820

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AZ HB2324

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MN HF118

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