Forfeiture of Public Employees' Retirement Association Benefits by Sex Offenders

Effective January 1, 2026, the bill requires a member or retiree of the public employees' retirement association (PERA) who has been convicted of a sex crime and exhausted all appellate review for such a conviction to forfeit their PERA benefits and requires a PERA member to forfeit the option to refund their member contributions and matching employer contributions. The bill creates the sexual assault survivors' cash fund (fund) and requires PERA to transfer an amount of money equal to the forfeited benefits to the fund. The bill also creates the sexual assault survivors' grant program in the department of corrections to provide grants to survivors of a sex crime to use for necessary medical and mental health resources.

The bill requires a district court to provide for the rights of innocent persons including, but not limited to, providing the member or retiree adequate notice of a forfeiture proceeding and holding a hearing to provide the member or retiree a fair opportunity to defend their entitlement. The bill forbids a district court from including in the judgement or order to the association any forfeited retirement benefit to which a spouse or former spouse of the defendant is entitled under law or as determined by a court order.

(Note: This summary applies to this bill as introduced.)