FROM: Christina Cintron, Chief of Member Services
SUBJECT: Benefits Policy No. 033 (Felony Forfeiture of Benefits)
RECOMMENDATION:
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Recommend that the Board approve and adopt updates to Benefits Policy No. 033 (Felony Forfeiture of Benefits).
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BACKGROUND:
General Policy No. 005 requires periodic review of SBCERA Board policies and indicates that such review shall be conducted every three years.
Accordingly, SBCERA staff has completed its review of Benefits Policy No. 033, which was last updated on January 9, 2020.
This policy revision clarifies existing language and incorporates targeted enhancements to improve alignment with applicable law and recent case interpretations related to felony forfeiture of benefits. Updates include refinement of key definitions, including clarification of the “date of conviction” as the date a guilty plea is entered or a verdict is rendered, regardless of subsequent sentencing or modification.
The revised language also reinforces that forfeiture applies only when there is a direct connection between the felony and the member’s official duties, and that conduct unrelated to employment does not trigger forfeiture. Additional updates provide greater clarity regarding the roles and responsibilities of participating employers, including the requirement to provide information necessary for SBCERA to determine whether the statutory criteria for forfeiture have been met, and clarifying that SBCERA may be unable to complete its review or process related benefit applications until such information is received.
These updates improve clarity, consistency, and operational usability while maintaining the overall intent of the policy.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Benefits Policy No. 033 (Felony Forfeiture of Benefits) - Redline Version
Exhibit B: Benefits Policy No. 033 (Felony Forfeiture of Benefits) - Clean Version