New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1898

Introduced
1/9/24  

Caption

Allows judgment for restitution of stolen public funds to be levied against convicted employee's retirement allowance or pension contributions.

Impact

If enacted, this bill would significantly alter existing protections for public employees' pensions, enabling state or public employers to enforce restitution for financial crimes directly from retirement benefits. The legislation is intended to enhance accountability for public employees and ensure that stolen funds can be recovered effectively through the garnishment of their pensions. It reflects a legislative effort to strengthen the safeguards against financial misconduct and misuse of taxpayer funds.

Summary

Senate Bill S1898 aims to amend legislation concerning the taxation rules related to pensions and retirement allowances of public employees convicted of financial crimes. The primary provision of the bill allows for the garnishment of retirement allowances or pension contributions to repay stolen public funds. Under current law, such funds are exempt from garnishment or any levy processes, but this bill introduces an exception for cases involving theft or misuse of public funds.

Contention

The introduction of S1898 has sparked discussions regarding its potential implications for public sector employees. Proponents argue that this measure is crucial for deterring financial misconduct by ensuring that convicted individuals cannot benefit from their pensions after engaging in theft or fraud against public resources. Critics, however, express concerns about the fairness of penalizing employees post-conviction by diminishing their retirement benefits, especially in cases where the theft may not have been directly related to their job responsibilities.

Companion Bills

NJ S803

Carry Over Allows judgment for restitution of stolen public funds to be levied against convicted employee's retirement allowance or pension contributions.

Similar Bills

NJ S803

Allows judgment for restitution of stolen public funds to be levied against convicted employee's retirement allowance or pension contributions.

NJ A4641

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

NJ A3947

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.

NJ S961

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.

NJ S3188

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.

LA HB72

Prohibits a public servant convicted of an office-related felony from receiving retirement benefits (OR SEE ACTUARIAL NOTE APV)

LA HB43

Provides relative to the forfeiture of pension benefits by public officials upon felony conviction for certain offenses

NJ A3069

Provides exceptions to garnish exemption against benefits from State-administered pension systems for certain financial claims under State law.