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Delegate Crosby seeks pension forfeiture for state employees convicted of certain crimes under HB 98

2138693 · January 22, 2025
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Summary

Delegate Brian Crosby presented House Bill 98 to the Appropriations Committee, proposing narrow pension forfeiture for state employees convicted during the course of their duties. The bill includes safeguards for tax-qualified plans, dependent support and restores benefits if convictions are overturned.

Delegate Brian Crosby asked the Appropriations Committee for a favorable report on House Bill 98, which would require certain state employees to forfeit retirement or pension benefits if they are convicted of crimes committed in the course of their employment.

Crosby told the committee the bill is a narrowly tailored reintroduction from prior sessions. He said affected employees who are convicted, plead guilty or enter a plea of nolo contendere for crimes committed during their employment would forfeit pension benefits, but that original contributions plus accrued interest would be returned to the employee.

The bill contains several safeguards, Crosby said: forfeiture would not be applied if the Internal Revenue Service determines that the forfeiture would jeopardize the tax-qualified status of any retirement system; affected employees and their dependents may file a claim within one year of conviction for partial payment at the court’s discretion; forfeiture may not change existing divorce, alimony or child-support orders; and benefits would be restored if a conviction is overturned. Crosby also said the bill would not be retroactive to events before July 1, 2025. He closed by respectfully requesting a favorable report.

Committee members did not ask substantive questions during the presentation. The hearing moved on after Crosby concluded.