Robert Hawkins Awarded Pension Benefits

The story of Robert Hawkins trial and conviction has been followed here and in many newspapers in the area.  The latest chapter appears to be that with the assistance of the teacher’s union, Mr. Hawkins is being allowed to retain his pension benefits despite his criminal conviction.

Details are sketchy and many of the specifics of the decision or any appeal process that resulted in this determination may never become available to the public.  Matters regarding pension benefits are not the responsibility of a local School Board.  Pension determinations come under the purview of the State Employees Retirement System (SERS).

According to the SERS website link, Pennsylvania law does have provisions for forfeiture of pensions in cases of violation of certain laws:

Pension Forfeiture
A public office is indeed a public trust, and Pennsylvania has laws in place to penalize those who violate that trust by stripping them of their pension.  The Public Employee Pension Forfeiture Act 1978-140 (Act 140) applies to all SERS members who commit certain crimes in relation to their employment.  In addition, the Pennsylvania Constitution and Judicial Code contain pension forfeiture provisions applying to judicial members.  Those provisions can be triggered even if no crime has been committed.

Act 140
Act 140 requires forfeiture of all pension and retirement benefits by any SERS member who commits certain crimes that breach the member’s duty of faithful and honest public service. Also forfeited are any benefits for the member’s beneficiaries and survivor annuitants.

The only benefits Act 140 allows a SERS member to receive are his or her contributions paid into the pension fund, without interest. Even these contributions may be lost, however, because Act 140 requires they be used to pay fines and restitution associated with the criminal conviction.

Act 140 is triggered if a SERS member is convicted of or pleads guilty or no defense to any listed crime committed through the member’s public office or position or when public employment puts the member in a position to commit the crime.

Pennsylvania crimes covered by Act 140 are listed on this page and are found in 43 P.S. § 1312. All federal crimes substantially the same as these state crimes also are covered by Act 140.  Act 140 applies to all members of SERS, even those who became members before July 8, 1978 if they have been reelected, re-appointed, promoted or changed job classifications since then.

Enforcement of Act 140 is mandatory. Pennsylvania courts have held that neither SERS nor an employing agency has any discretion in its application. Nor does it matter if the crime is relatively minor compared to the value of pension benefits. If Act 140 is applicable, it must be applied.

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Crimes related to public office or public employment.”  Any of the criminal offenses as set forth in the following provisions of title 18 (crimes and offenses) of the Pennsylvania Consolidated Statutes or other enumerated statute when committed by a public official or public employee through his public office or position or when his public employment places him in a position to commit the crime:

Any of the criminal offenses set forth in Subchapter B of Chapter 31 (relating to definition of offenses) when the criminal offense is committed by a school employee as defined in 24 Pa. C.S. §8102 (relating to definitions) against a student.

• Section 3922 (relating to theft by deception) when the criminal culpability reaches the level of a misdemeanor of the first degree or higher.
• Section 3923 (relating to theft by extortion) when the criminal culpability reaches the level of a misdemeanor of the first degree or higher.
• Section 3926 (relating to theft of services) when the criminal culpability reaches the level of a misdemeanor of the first degree or higher.
• Section 3927 (relating to theft by failure to make required disposition of funds received), when the criminal culpability reaches the level of a misdemeanor of the first degree or higher.
• Section 4101 (relating to forgery)
• Section 4104 (relating to tampering with records or identification)
• Section 4113 (relating to misapplication of entrusted property and property of government or financial institutions) when the criminal culpability reaches the level of misdemeanor of the second degree.
• Section 4701 (relating to bribery in official and political matters)
• Section 4702 (relating to threats and other improper influence in official and political matters)
• Section 4902 (relating to perjury)
• Section 4903(a) (relating to false swearing)
• Section 4904 (relating to unsworn falsification to authorities)
• Section 4906 (relating to false reports to law enforcement authorities)
• Section 4909 (relating to witness or informant taking bribe)
• Section 4910 (relating to tampering with or fabricating physical evidence)
• Section 4911 (relating to tampering with public records or information)
• Section 4952 (relating to intimidation of witnesses or victims)
• Section 4953 (relating to retaliation against witness, victim or party)
• Section 5101 (relating to obstructing administration of law or other governmental function)
• Section 5301 (relating to official oppression)
• Section 5302 (relating to speculating or wagering on official action or information)
• Article III, act of March 4, 1971 (P.L. 6, No. 2), known as the “Tax Reform Code of 1971.”
• In addition to the foregoing specific crimes, the term also includes all criminal offenses as set forth in federal law substantially the same as the crimes enumerated herein.

I’m not a lawyer but the way I read http://law.onecle.com/pennsylvania/crimes-and-offenses/index.html, the violations under Section 31 Subsection B for school officials would seem to fall more under the area of intimidating or retaliating against witnesses and not with the criminal violation itself.

Subchapter B. Victim and Witness Intimidation
• § 4951.  Definitions.
  The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this …
• § 4952.  Intimidation of witnesses or victims.
  (a) Offense defined.–A person commits an offense if, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or …
• § 4953.  Retaliation against witness, victim or party.
  (a) Offense defined.–A person commits an offense if he harms another by any unlawful act or engages in a course of conduct or repeatedly commits …

§ 4953.1. Retaliation against prosecutor or judicial official.

• § 4954.  Protective orders.
  Any court with jurisdiction over any criminal matter may, after a hearing and in its discretion, upon substantial evidence, which may include hearsay or the …

§ 4954.1. Notice on protective order.

• § 4955.  Violation of orders.
  (a) Punishment.–Any person violating any order made pursuant to section 4954 (relating to protective orders) may be punished in any of the following ways: (1) …
• § 4956.  Pretrial release.
  (a) Conditions for pretrial release.–Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed, as a …
• § 4957.  Protection of employment of crime victims, family members of victims and witnesses.
  (a) General rule.–An employer shall not deprive an employee of his …

If it is true that only violations such as witness tampering are justifiable reasons for a teacher to lose pension benefits, and that crimes such as endangering the welfare of a child and corruption of minors don’t carry the same consequences, then the public may want to know why.