Sec. 1-110a. Pension revocation or reduction for public officials and state or municipal employees convicted of crimes related to state or municipal office. Factors. Voluntary provision of information
Sec. 1-110a. Pension revocation or reduction for public officials and state or
municipal employees convicted of crimes related to state or municipal office. Factors. Voluntary provision of information. Innocent spouse, dependents and beneficiaries. Notification to prosecutor. Severability of provisions. (a) Notwithstanding
any provision of the general statutes, on or after October 1, 2008, if any public official
or state or municipal employee is convicted of or pleads guilty or nolo contendere to
any crime related to state or municipal office in state criminal or federal criminal court,
the Attorney General shall apply to the Superior Court for an order to revoke or reduce
the pension of any kind to which such public official or state or municipal employee is
otherwise entitled under the general statutes for service as a public official or state or
municipal employee.
(b) In determining whether the pension shall be revoked or reduced, the Superior
Court shall consider and make findings on the following factors:
(1) The severity of the crime related to state or municipal office for which the public
official or state or municipal employee has been convicted or to which the public official
or state or municipal employee has pled guilty or nolo contendere;
(2) The amount of monetary loss suffered by the state, a municipality or a quasi-public agency or by any other person as a result of the crime related to state or municipal
office;
(3) The degree of public trust reposed in the public official or state or municipal
employee by virtue of the person's position as a public official or state or municipal
employee;
(4) If the crime related to state or municipal office was part of a fraudulent scheme
against the state or a municipality, the role of the public official or state or municipal
employee in the fraudulent scheme against the state or a municipality; and
(5) Any such other factors as, in the judgment of the Superior Court, justice may
require.
(c) If the court determines, or the Attorney General certifies, that a public official
or state or municipal employee, who was convicted of or pled guilty or nolo contendere
to a crime related to state or municipal office, voluntarily provided information to the
Attorney General, the Auditors of Public Accounts or any state, federal or local law
enforcement official concerning the commission of such crime related to state or municipal office by another public official or state or municipal employee who had a greater
degree of culpability for such crime than the public official or state or municipal employee providing such information, the court shall not reduce or revoke the pension of
such public official or state or municipal employee, provided such public official or
state or municipal employee voluntarily provided such information prior to learning of
a criminal investigation into such crime related to state or municipal office.
(d) If the Superior Court determines that the pension of a public official or state or
municipal employee should be reduced, it may, after taking into consideration the financial needs and resources of any innocent spouse, dependents and designated beneficiaries of the public official or state or municipal employee, order that some or all of the
reduced pension be paid to any such innocent spouse, dependent or beneficiary as justice
may require.
(e) If the Superior Court determines that the pension of such public official or state
or municipal employee should not be revoked or reduced, it shall order that the retirement
or other benefit or payment be made to such public official or state or municipal employee.
(f) In all criminal proceedings in state or federal court in which the defendant is a
public official or a state or municipal employee who is charged with a crime related to
state or municipal office, the Attorney General shall notify the prosecutor of the existence of the pension revocation statute and the possibility that any fine, restitution or
other monetary order made by the court may be paid from such official's or employee's
pension.
(g) If any provision, clause or phrase of this section or of any order or any action
of the Attorney General hereunder is adjudged by any court of competent jurisdiction
to be invalid, or if the applicability thereof to any person or circumstance is held invalid,
such judgment shall not invalidate the remainder of this section or such order or action,
and the applicability thereof to other persons and circumstances shall not be affected
thereby.
(June 11 Sp. Sess. P.A. 08-3, S. 2.)