The Vermont Statutes Online

Title 32 : Taxation and Finance

Chapter 007 : The Public Monies

Subchapter 007 : Forfeiture of Public Employee Retirement Benefits

• § 622. Definitions

  As used in this subchapter:

  (1) “Contribution” shall have the same meaning as “accumulated contribution” set forth in 3 V.S.A. § 455(a)(1), 16 V.S.A. § 1931(1), and 24 V.S.A. § 5051(1) and shall include the sum of all amounts deducted from the compensation of a member of any defined contribution plan under 3 V.S.A. § 500 or 24 V.S.A. § 5070 and any earnings or losses on those contributions, and the sum of all amounts deducted from the compensation of a member of any other retirement plan of a municipality authorized under the Internal Revenue Code, 26 U.S.C. § 401 and any earnings or losses on those contributions.

  (2) “Crime related to public office” means any of the following criminal offenses if the offense is a felony and is committed in connection with employment as a member:

  (A) any offense under 13 V.S.A. chapter 21;

  (B) false personation as defined in 13 V.S.A. § 2001;

  (C) false pretenses or tokens as defined in 13 V.S.A. § 2002;

  (D) grand larceny as defined in 13 V.S.A. § 2501;

  (E) person holding property in official capacity or belonging to the State or a municipality as defined in 13 V.S.A. § 2537;

  (F) false claim as defined in 13 V.S.A. § 3016;

  (G) a felony under the laws of the United States or any other state, including a territory; commonwealth; the District of Columbia; or military, federal, or tribal court, an element of which involves:

  (i) a larceny;

  (ii) an embezzlement;

  (iii) the fraudulent conversion of money, property, or other valuable things for personal or other use; or

  (iv) an intent to defraud; or

  (H) an attempt to commit, or aiding in the commission of, any offense listed in this subdivision (2).

  (3) “Member” shall have the same meaning as in 3 V.S.A. § 455(a)(11), 16 V.S.A. § 1931(10), and 24 V.S.A. § 5051(13) and shall include anyone participating in a defined contribution plan under 3 V.S.A. § 500 or 24 V.S.A. § 5070 and any other retirement plan of a municipality authorized under the Internal Revenue Code, 26 U.S.C. § 401.

  (4) “Retirement benefits” shall have the same meaning as “pensions” as defined in 3 V.S.A. § 455(a)(14), 16 V.S.A. § 1931(12), and 24 V.S.A. § 5051(16) and shall also mean benefits derived from employer contributions to defined contribution plans under 3 V.S.A. § 500 or 24 V.S.A. § 5070 and benefits derived from employer contributions to any other retirement plan of a municipality authorized under the Internal Revenue Code, 26 U.S.C. § 401. (Added 2013, No. 2, § 1.)