BENEFITS
House Bill 6067
Sponsor: Rep. David M. Gubow
Committee: Public Retirement
Complete to 10-15-98
A SUMMARY OF HOUSE BILL 6067 AS INTRODUCED 9-16-98
Under the Public Employee Retirement Benefits Forfeiture Act, a public employee's rights to his or her retirement benefits are subject to forfeiture if he or she is convicted of, or pleads "nolo contendere" (no contest) to, a felony arising out of his or her public employment in which he or she has breached the public trust.
House Bill 6067 would amend the act as follows:
Currently, the act allows, but does not require, the sentencing court to order forfeiture of retirement benefits. The bill would make forfeiture of retirement benefits mandatory.
Currently, the act specifies that health care benefits for the retiree and his or her beneficiary are not forfeited; the bill would make health care benefits subject to forfeiture.
The current law allows forfeiture of only that portion of the person's retirement benefit that accrued on or after the date that the felony was committed; and further, provides that a portion of the person's benefit be paid to the person's beneficiary. The bill would require forfeiture of the entire pension benefit and delete provisions allowing a portion to be paid to a beneficiary.
MCL 38.2702 et al.
Analyst: D. Martens