Policies governing termination or garnishment of public pensions

State	Forfeiture Policy
Alabama	Neither the Teachers' Retirement System of Alabama nor the Employees' Retirement System of Alabama has any policy provision governing termination of pensions on this issue. Under the Judicial Retirement Fund, there is case law on the issue. Hogan v. Bronner, 491 So. 2d 226 (1986) held that a retired judge's pension was properly suspended because he was convicted of crimes committed while actively serving as a circuit judge.
Alaska	A public officer, legislator, or a person employed as a legislative director, who is convicted of a federal or state felony, bribery, receiving a bribe, perjury, subornation of perjury, scheme to defraud, fraud, mail fraud, misuse of funds, corruption, or evasion may not receive a state pension benefit if the offense was in connection with the person's duties. Pension benefits and employee contributions that accrue to a person the date of the person's commission of the offense are not diminished or impaired. The act excludes insurance, voluntary wage reductions, involuntary wage reductions, or supplemental or health benefits and member or employee contributions from the forfeiture, and provides protection for certain spousal or dependent benefits, depending upon circumstances including spousal complicity. The law also provides that a person whose offense results in a pension forfeiture may not subsequently accrue service credit in public service.
Arizona	Public pension plan participants convicted of or pleading no contest or guilty of a felony committed in the course of public employment are subject to mandatory forfeiture of their pension benefit by court order.
California	This law, applicable to any person elected or reelected to public office on or after Jan. 1, 2006, provides for forfeiture of all rights and benefits under, and any membership in, any public retirement system in which the person is a member, effective on the date of final conviction for certain felonies. Applies to any felony involving accepting or giving, or offering to give any bribe; the embezzlement of public money; extortion or theft of public money; perjury; or conspiracy to commit any of these crimes. Applies only if the felony arises directly out of the public officer's official duties. Forfeiture only of that portion of the rights and benefits accrued on or after Jan. 1, 2006, on account of the service in the elected public office held when the felony occurred. Provides for return of employee contributions without interest. If the governing body of the elected public officer's employer authorizes the public officer to receive the rights and benefits despite the felony conviction, then no forfeiture occurs.
Colorado	Public pension assets may be garnished “for restitution for the theft, embezzlement, misappropriation, or wrongful conversion of public property, or in the event of a judgment for a willful and intentional violation of fiduciary duties to a public pension plan where the offender or a related party received direct financial gain." Per COPERA: This statute “does not explicitly require a Colorado PERA member to forfeit his or her PERA benefit.”
Connecticut	A state judge may revoke or reduce state and municipal pensions for criminal convictions arising out of on-the-job corruption regarding embezzlement of public funds; felonious theft from the state, a municipality or quasi-public agency; bribery; or felonies committed through the misuse of a government office or job. The law requires that the state attorney general apply for a court order to reduce or revoke a pension. Effective October 1, 2008.
District of Columbia	A statute mandates pension forfeiture for an employee (or former employee) who refuses to testify upon matters relating to his office or employment. This is to prevent the resignation of public employees before they are convicted of a crime.
Florida	Members of public pension plans must forfeit their entitlement to future retirement benefits when they commit certain crimes, including commission of any felony under laws governing misuse of public office, any felony against a victim younger than 16 years of age, or any felony involving sexual battery against a victim younger than 18 years of age, or by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position.
Georgia	Georgia law provides for forfeiture of benefits for employees convicted of crimes specifically related to office holding and drugs. The law applies to employees hired on and after July 1, 1985.
Idaho	No law enabling forfeiture of a public pension. Under certain circumstances, public employees found guilty of misuses of public money may be ordered to apply for distribution of retirement moneys in order to make restitution.
Illinois	No public pension benefits “shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a member.” The trustees of each pension fund make the determination if the felony plea of conviction of the member met this standard.
Indiana	Upon conviction of a misdemeanor or felony, a “member's contributions or benefits, or both, may be transferred to reimburse his employer for loss resulting from the member's criminal taking of his employer's property by the board if it receives adequate proof of the loss.”
Kentucky	Statute provides that any "member hired on or after August 1, 2002" who is convicted of a felony that is related to his or her employment shall forfeit his or her retirement benefits, and shall be entitled instead only to a refund of his or her account balance with any accumulated interest. An appeal will stay the payment of the forfeited retirement allowance, and in the event that the appeal overturns the conviction the member is entitled to all retirement benefits. KRS 161.470(5)(e)
Louisiana	Pension benefits may be garnished for misconduct associated with service as an elected official or public employee for which credit in the system, plan, or fund was earned or accrued.
Maine	Courts may order forfeiture of pension benefits of those convicted or pleading guilty to a crime committed in connection with the member’s public office or public employment. Also, amounts credited to the account of a member of the retirement system are available to pay any court-ordered restitution for economic loss suffered by the State or a political subdivision of the State as a result of the crime.
Maryland	No law enabling forfeiture of a public pension.
Massachusetts	Generally, retirement boards are required to deny or rescind the pensions of any public employee convicted of a crime related to his or her duties, though a member may be entitled to receive their accumulated retirement contributions. In certain instances a member of a retirement system could be subject to forfeiture of any rights to benefits or their accumulated retirement contributions. Separately, a retirement board is required to suspend a disability retirement allowance for the period a member is incarcerated as a result of a felony conviction http://www.mass.gov/legis/laws/mgl/32-15.htm
Michigan	“A member or retirant who is convicted of or who enters a nolo contendere plea accepted by a court for a felony arising out of his or her service as a public employee is considered to have breached the public trust and may have his or her rights to an otherwise vested retirement benefit and all accumulated contributions standing to that person's credit in the retirement system forfeited as provided in this act. This act applies only to the retirement system of which the person was a member or retirant at the time the felony was committed and only to the retirement system established by the entity affected by the felony.”
Minnesota	Minnesota statutes forbid a survivor convicted of causing the death of a public pension plan member, from collecting survivor benefits under that account. If convicted, the benefit is forfeited and the pension plan can attempt to recover the benefit previously paid.
Mississippi	No law enabling forfeiture of a public pension.
Missouri	Any member who serves under this chapter as a member of the general assembly or as a statewide elected official on or after August 28, 1999, shall not be eligible to receive any retirement benefits from the system ...if such member is convicted of a felony that is determined by a court of law to have been committed in connection with the member's duties either as a member of the general assembly or as a statewide elected official, unless such conviction is later reversed by a court of law. 104.1084.8 RSMo. Also, any board member, plan participant, or employee who is found guilty of a plan-related felony is prohibited from receiving a benefit from the plan.
Montana	Nothing regarding malfeasance in office or employment-related criminal conduct unless disability or death result. 19-2-804. Limitations on payment of benefits to person causing member's death or disability. If a person is convicted of knowingly, purposely, or intentionally causing a (retirement system) member's death or disability, that person may not receive benefits or payments from a retirement system and the benefits must be payable as otherwise provided in statute. 19-2-906. Limitations on disability or survivorship benefits. If the board determines that the disability or death of a (retirement system) member of a defined benefit plan is proximately caused by the gross negligence, willful misconduct, or violation of the law by the member, the board may revoke, suspend, or refuse to grant benefits except an annuity that is the actuarial equivalent of the member's accumulated contributions with regular interest to the day the benefit commences.
Nevada	Retirement benefits can be voided only in cases involving a person convicted of murder or making a false statement in order to receive benefits.
New Jersey	The board of trustees of any State or locally-administered pension fund or retirement system is authorized to order the forfeiture of all or part of the pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service which renders the member's service or part thereof dishonorable. Also, public officers or employees convicted of certain crimes involving or touching their office or employment face mandatory forfeiture of pension and retirement benefits. Contributions are considered part of the employee's salary and not part of the pension benefit. A state, county or local employer participating in a pension fund or retirement system would be responsible for reimbursement to the pension fund or retirement system of all pension costs incurred by the pension fund or retirement system following any settlement agreement between the employer and an employee that provides for the employer not to pursue any civil or criminal charges or an action for misconduct against the employee.
New Mexico	No law enabling forfeiture of a public pension.
New York	No law enabling forfeiture of a public pension.
North Carolina	Elected officials who are members of the Legislative Retirement System, the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Consolidated Judicial Retirement System shall forfeit their pensions upon conviction of a State or Federal offense involving public corruption or a felony violation of election laws. Member contributions will be returned.
Ohio	In the event of a felony conviction that results in the permanent removal of a public official, the office holder will forfeit any state retirement benefit that is based on employer contributions.
Oklahoma	State & county officers and employees are removed from office and lose their jobs upon conviction of a felony in state or federal court. If the crime involves a "violation of the oath of office," their pension is forfeited for any service earned after 1981 (the original effective date of the law).
Oregon	No law enabling forfeiture of a public pension.
Pennsylvania	A public employee convicted of using his or her position or office to commit a crime relating to theft, bribery, forgery, perjury, etc. forfeits their right to receive the employer-funded portion of their public pension benefit. Such employees may receive their contributions, without interest, and contributions may be reduced to pay fines and make restitution associated with their conviction.
Rhode Island	“Any retirement or other benefit or payment of any kind to which a public official or public employee is otherwise entitled ...shall be revoked or reduced, ...if, the public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment. Any such conviction or plea shall be deemed to be a breach of the public officer's or public employee's contract with his or her employer.”
South Dakota	Administrative rules provide for the forfeiture of any retirement benefit if the employee or pensioner confesses to or is convicted of a crime involving the embezzlement of commission funds or property. Furthermore, the forfeited amount shall be applied towards the reductions of the commission’s contributions.
Tennessee	For employees hired or elected after July 1, 1982 and convicted in state court of malfeasance in office felony, pension is forfeited. For employees hired after May 30, 1993 and convicted in state or federal court of malfeasance in office felony, pension is forfeited. Elected officials elected or re-elected beginning in 2006 or after, such election should be deemed to be consent to forfeiture without respect to the original membership date.
Texas	No law enabling forfeiture of a public pension, except state judges could lose their pension if they are removed from office for misconduct.
Utah	No law enabling forfeiture of a public pension.
Virginia	From Virginia statutes: “No member shall be entitled to the benefits of this subsection if his employer certifies that his service was terminated because of dishonesty, malfeasance, or misfeasance in office. The certification may be appealed to the Board.” For elected officials, a member of the state house or senate would be required to certify that service was terminated for reasons of malfeasance.
Washington	No general provision for forfeiture of a pension. There is a “slayer provision” that precludes a person from receiving a pension as the beneficiary of a person that they are convicted of killing.
West Virginia	Retirement benefits are terminated for public employees whose service is deemed, “less than honorable.” The law provides for retention of the employer contribution benefit in similar instances for members of the Teachers’ Defined Contribution Retirement System.
Wisconsin	No provision authorizing or requiring forfeiture prior to the time of payment to the public employee. Wisconsin law does provide, however, that annuity payments and lump sum payments can have child support withheld and may be attached to satisfy delinquent tax obligations. Also, "corrections" may be made to service credits, contributions, premium payments and benefit payments if the amounts on record for an employee are the result of fraud.
Wyoming	The Supreme Court of Wyoming may order the forfeiture of any pension or retirement benefit accrued after an offense that led to the removal of a judicial officer (does not apply to vested benefits).