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Bill

Bill

S 1535

Allows judgment for restitution of stolen public funds to be levied against convicted employee's retirement allowance or pension contributions.

2026-2027 Regular Session

Bill allows courts to garnish convicted public employees' pensions to recover stolen government funds they embezzled.

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
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Bill Summary · S 1535

Legislative bill overview

S 1535 permits courts to levy judgments for restitution of stolen public funds directly against a convicted public employee's retirement allowance or pension contributions. This gives courts an additional enforcement mechanism to recover misappropriated government money by targeting pension assets, which are typically protected from creditors under state law.

Why is this important

Public employees who embezzle government funds currently face criminal penalties, but recovering stolen money can be difficult if the defendant lacks liquid assets. By allowing garnishment of pensions—often an employee's most substantial asset—the bill aims to ensure taxpayers can recover stolen funds more reliably. This addresses a practical gap where convicted thieves might shield wealth in protected retirement accounts.

Potential points of contention

  • Pension protection conflicts: Many states protect pensions from creditor claims on policy grounds; this bill carves out an exception that some argue undermines that protection principle
  • Proportionality concerns: Critics may argue that reducing someone's retirement security—earned over decades of work—goes beyond compensating victims and becomes punitive in ways that exceed restitution's traditional scope
  • Implementation questions: Unclear how partial pension levies would work, what happens if the employee hasn't vested fully, or whether this applies retroactively to past convictions

Compiled from official sources — confirm details with the bill’s official record.

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