Felony Forfeitures

California Association of Public Retirement Systems’ Attorneys’ General Assembly
Indian Wells, CA
3:00 - 4:00 p.m. PT

Ashley Dunning presented "Felony Forfeitures" during the Attorneys' General Assembly of the California Association of Public Retirement Systems (CALAPRS) on March, 5, 2018.

The presentation focused on pending lawsuits that challenge the constitutionality of California’s recently enacted felony forfeiture statute. The challenged statute, which was enacted as part of the Public Employees’ Pension Reform Act of 2013 (PEPRA), applies to people who were public employees before the statute was effective, and mandates that California public retirement systems withhold all or a portion of benefits otherwise owed to public employees if they are convicted of a felony arising from activities related to their public employment. 

Ashley’s presentation reviewed constitutional and other legal arguments made in the pending litigation and discussed the potential impact of other pending vested rights litigation in California, and felony forfeiture litigation nationally, that may impact the outcome of the current legal challenges to PEPRA’s felony forfeiture provision. 

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