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1 New Section; Retirement System; Revocation of Benefits. Amend RSA 100-A by inserting after section 27 the following new section:
100-A:27-a Revocation of Benefits.
I. Notwithstanding any other provision of law, any retirement or other benefit to which a permanent policeman, permanent fireman, employee, or teacher member is otherwise entitled under this chapter may be revoked by the board of trustees if the member is convicted of or pleads guilty or nolo contendere to theft of assets or any other crime related to his or her public office or public employment which occurred during his or her active service while a member and for which the member resigned or was dismissed from employment.
II. In deciding to revoke benefits under paragraph I, the board shall consider the following:
(a) The severity of the crime related to public office or public employment of which the member has been convicted or to which the member has pled guilty or nolo contendere.
(b) The amount of monetary loss suffered by the member's employer or by any other person as a result of the subject crime related to public office or public employment.
(c) The degree of public trust reposed in the subject permanent policeman, permanent fireman, employee, or teacher member by virtue of his or her public office or public employment.
(d) That entitlement to benefits under this chapter presumes and requires that the service shall have been honorably rendered.
(e) Any other factors as, in the judgment of the board, justice may require.
III.(a) Any cost incurred by the retirement system in investigating or implementing a revocation of benefits under this section may be required to be reimbursed from employee contributions prior to any return of member contributions under RSA 100-A:11.
(b) If a court orders the member to make restitution to the state or any political subdivision of the state for monetary loss incurred as a result of the crime, the court may order that restitution payments be made by the retirement system from the amount contributed by the member to the retirement system.
IV. Any member whose retirement benefits are revoked pursuant to this section shall:
(a) Be entitled to the return of the member's contributions under RSA 100-A:11, less any required reimbursement or restitution under paragraph III.
(b) Not be eligible for payment of any medical benefits or other post-retirement benefits under RSA 100-A:50-55 or under RSA 21-I:26-36.
2 Effective Date. This act shall take effect January 1, 2018.
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1 New Section; Retirement System; Revocation of Benefits. Amend RSA 100-A by inserting after section 27 the following new section:
100-A:27-a Revocation of Benefits.
I. Notwithstanding any other provision of law, any retirement or other benefit to which a permanent policeman, permanent fireman, employee, or teacher member is otherwise entitled under this chapter may be revoked by the board of trustees if the member is convicted of or pleads guilty or nolo contendere to theft of assets or any other crime related to his or her public office or public employment which occurred during his or her active service while a member and for which the member resigned or was dismissed from employment.
II. In deciding to revoke benefits under paragraph I, the board shall consider the following:
(a) The severity of the crime related to public office or public employment of which the member has been convicted or to which the member has pled guilty or nolo contendere.
(b) The amount of monetary loss suffered by the member's employer or by any other person as a result of the subject crime related to public office or public employment.
(c) The degree of public trust reposed in the subject permanent policeman, permanent fireman, employee, or teacher member by virtue of his or her public office or public employment.
(d) That entitlement to benefits under this chapter presumes and requires that the service shall have been honorably rendered.
(e) Any other factors as, in the judgment of the board, justice may require.
III.(a) Any cost incurred by the retirement system in investigating or implementing a revocation of benefits under this section may be required to be reimbursed from employee contributions prior to any return of member contributions under RSA 100-A:11.
(b) If a court orders the member to make restitution to the state or any political subdivision of the state for monetary loss incurred as a result of the crime, the court may order that restitution payments be made by the retirement system from the amount contributed by the member to the retirement system.
IV. Any member whose retirement benefits are revoked pursuant to this section shall:
(a) Be entitled to the return of the member's contributions under RSA 100-A:11, less any required reimbursement or restitution under paragraph III.
(b) Not be eligible for payment of any medical benefits or other post-retirement benefits under RSA 100-A:50-55 or under RSA 21-I:26-36.
2 Effective Date. This act shall take effect January 1, 2018.