00                            SENATE BILL NO. 110                                                                         
01 "An Act denying public employee retirement pension benefits to legislators, legislative                                 
02 directors, and public officers and employees who commit certain offenses, and adding to                                 
03 the duties of the Alaska Retirement Management Board and to the list of matters                                         
04 governed by the Administrative Procedure Act concerning that denial."                                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 14.25 is amended by adding a new section to read:                                                  
07            Sec. 14.25.212. Pension forfeiture. The provisions of AS 37.10.310 apply to                                
08       pension benefits under AS 14.25.009 - 14.25.220.                                                                  
09    * Sec. 2. AS 14.25 is amended by adding a new section to read:                                                     
10            Sec. 14.25.532. Pension forfeiture. The provisions of AS 37.10.310 apply to                                
11       pension benefits under AS 14.25.310 - 14.25.590.                                                                  
12    * Sec. 3. AS 22.25 is amended by adding a new section to read:                                                     
13            Sec. 22.25.800. Pension forfeiture. The provisions of AS 37.10.310 apply to                                
14       pension benefits under this chapter.                                                                              

01    * Sec. 4. AS 37.10.220(a) is amended by adding a new paragraph to read:                                            
02                 (16)  administer pension forfeitures required under AS 37.10.310 using                                  
03       the procedures of AS 44.62 (Administrative Procedure Act).                                                        
04    * Sec. 5. AS 37.10 is amended by adding a new section to read:                                                   
05            Sec. 37.10.310. Pension forfeiture to preserve public trust in government.                                 
06       (a) A public officer, as defined in AS 39.52.960, a legislator, or a person employed as                           
07       a legislative director, as that term is defined in AS 24.60.990, who is convicted of a                            
08       federal or state felony offense of bribery, receiving a bribe, perjury, subornation of                            
09       perjury, scheme to defraud, or fraud may not receive a state pension benefit if the                               
10       offense was committed on or after the effective date of this section and was in                                   
11       connection with the person's official duties.                                                                     
12            (b)  Pension benefits and employee contributions that accrue to a person before                              
13       the date of the person's commission of the offense described in (a) of this section are                           
14       not diminished or impaired by that subsection.                                                                    
15            (c)  A state pension benefit under (a) of this section does not include                                      
16                 (1)  insurance, voluntary wage reductions, involuntary wage reductions,                                 
17       or supplemental or health benefits under AS 39.30.090 - 39.30.495 or former                                       
18       AS 39.37.145;                                                                                                     
19                 (2)  member or employee contributions under AS 14.25.050, 14.25.055,                                    
20       14.25.340, 14.25.360(a), AS 22.25.011, AS 39.35.160, 39.35.165(f), 39.35.180,                                     
21       39.35.730, 39.35.760(a), or former AS 39.37.070.                                                                  
22            (d)  In a pension forfeiture matter under this section the board may award to a                              
23       dependent or former spouse of the person governed by the limitations in (a) of this                               
24       section some or all of the amount that, but for the forfeiture under (a) of this section,                         
25       may otherwise be payable. In determining whether to make an award under this                                      
26       subsection, the board shall consider the totality of circumstances, including                                     
27                 (1)  the role, if any, of the person's dependent or former spouse in                                    
28       connection with the illegal conduct for which the person was criminally charged;                                  
29                 (2)  the degree, if any, to which the person's dependent or former                                      
30       spouse profited financially from the person's illegal conduct; and                                                
31                 (3)  any restitution ordered by the court in the criminal case and the                                  

01       amount of restitution, if any, still owing.                                                                       
02    * Sec. 6. AS 39.35 is amended by adding a new section to read:                                                     
03            Sec. 39.35.672. Pension forfeiture. The provisions of AS 37.10.310 apply to                                
04       pension benefits under AS 39.35.095 - 39.35.680.                                                                  
05    * Sec. 7. AS 39.35 is amended by adding a new section to read:                                                     
06            Sec. 39.35.932. Pension forfeiture. The provisions of AS 37.10.310 apply to                                
07       pension benefits under AS 39.35.700 - 39.35.990.                                                                  
08    * Sec. 8. AS 44.62.330(a) is amended by adding a new paragraph to read:                                            
09                 (47)  the Alaska Retirement Management Board for administration of                                      
10       pension forfeitures under AS 37.10.310.                                                                           
11    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
12 read:                                                                                                                   
13       APPLICABILITY TO ELECTED PUBLIC OFFICERS' RETIREMENT SYSTEM.                                                      
14 The provisions of AS 37.10.310, added by sec. 5 of this Act, apply to benefits under former                             
15 AS 39.37 (elected public officers' retirement system).