§ 1314. Restitution for monetary loss
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: March 28, 2019
Effective: March 28, 2019
43 P.S. § 1314
§ 1314. Restitution for monetary loss
<Section 5 of Act 2019, March 28, P.L. 1, No. 1, imd. effective, provides that the amendment of 43 P.S. § 1314(a) and (d) by that Act shall apply to crimes related to public office or public employment committed on or after March 28, 2019.>
(a) Whenever any public official or public employee who is a member of any pension system funded by public moneys enters a plea of guilty or nolo contendere in any court of record to any crime related to a public office or public employment and which plea is accepted by the court or whenever there is initial entry of a jury verdict of guilty or judicial order of guilty against the public official or public employee in any court of record to any crime related to a public office or public employment, the court shall order the defendant to make complete and full restitution to the Commonwealth or political subdivision of any monetary loss incurred as a result of the criminal offense.
(b) If the court fails to order such restitution the Commonwealth, through the Attorney General, or a political subdivision shall petition the court pronouncing sentence for an order establishing the amount of restitution due it. If the court does not have authority to order restitution, the Commonwealth or the political subdivision shall bring an original action for restitution.
(c) Notwithstanding any law or provision of law exempting the pension account or benefits of any public official or public employee from garnishment or attachment, whenever the court shall order restitution or establish the amount of restitution due after petition, all sums then credited to the defendant's account or payable to the defendant including the contributions shall be available to satisfy such restitution order.
(d) Until restitution is determined by a court, the appropriate benefits administrator shall not make payment of any refund of contributions applied for after the date of such finding or entry to the public official or public employee until the court notifies the appropriate benefits administrator that no restitution is due. The court shall notify the appropriate benefits administrator if restitution is or is not ordered and the amount, if applicable. The appropriate benefits administrator, upon being served with a copy of the court's order, shall pay over all such pension benefits, contributions or other benefits to the extent necessary to satisfy the order of restitution.
Credits
1978, July 8, P.L. 752, No. 140, § 4. Affected 1980, Oct. 5, P.L. 693, No. 142, § 316, effective in 60 days. Amended 2019, March 28, P.L. 1, No. 1, § 3, imd. effective.
43 P.S. § 1314, PA ST 43 P.S. § 1314
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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