[Congressional Record Volume 149, Number 78 (Friday, May 23, 2003)]
[Extensions of Remarks]
[Page E1071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PUBLIC EMPLOYER'S RESTITUTION ACT

                                 ______
                                 

                            HON. STEVE BUYER

                               of indiana

                    in the house of representatives

                         Thursday, May 22, 2003

  Mr. BUYER. Mr. Speaker, as Representatives in the United States 
Congress, we are tasked with finding solutions to problems that face 
our constituents. Sometimes these problems take a series of phone calls 
to the appropriate agencies for action; sometimes the solution is more 
complicated and requires legislative action. This is one such problem.
  Earlier this year, I learned that the town of Clermont, Indiana had 
been a victim of embezzlement. The former treasurer of the town 
embezzled over seventy thousand dollars. A small amount when this body 
deals in billions of dollars, but I assure you Mr. Speaker it is a 
significant sum of money to Clermont.
  The town's treasurer was subsequently prosecuted, found guilty and 
charged with financial restitution to the Town in the amount of over 
fifty-one thousand dollars. As of the end of 2002, the Town received 
only five hundred and ten dollars in restitution.
  The former employee has a private pension as his only source of 
income. He has no incentive to find work, as any wages would be 
garnished. Under ERISA, civil judgment for restitution cannot be 
attached to the pension. So, Clermont loses out on fifty thousand 
dollars and the guilty avoids complying with the judgment.
  The legislation I am offering, the ``Public Employer's Restitution 
Act of 2003'' is a narrowly tailored bill that would allow States and 
local governments to obtain restitution for the embezzlement of State 
and local funds.
  Mr. Speaker, while we cannot make Clermont whole again, this 
legislation will prevent other small towns and communities across the 
countries from being a victim of a circumvention of the law.

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