Section 13A-8-2.2 Aggravated Theft of Employee Retirement Benefits

(a)(1) A person commits the crime of aggravated theft of employee retirement benefits if the person embezzles, steals, or unlawfully and willfully abstracts or converts to his or her own use or to the use of another, any of the monies, funds, premiums, credits, or other assets due to be paid as contributions to any employee retirement benefit plan or to any fund connected with an employee retirement benefit plan.

(2) For the purposes of this section, the term “employee retirement benefit plan” includes, but is not limited to, any plan under the Retirement Systems of Alabama including the Teachers’ Retirement System, the Employees’ Retirement System, and the Judicial Retirement Fund, and any plan established under Chapter 27A or Chapter 27C of Title 36.

(b) It is an affirmative defense to a prosecution under this section if an individual, in the course of his or her employment, acts in good faith reliance upon the direction or supervision of another under color of law or in a position of authority.

(c) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within six years.

(d) Aggravated theft of employee retirement benefits is a Class C felony.

(e) Notwithstanding any other law, the maximum probation period shall not exceed 10 years unless otherwise authorized by law.

(f) A conviction for aggravated theft of employee retirement benefits shall be treated as a Class A or Class B felony for purposes of Section 15-18-8.