Officer Loses Pension On Conviction Of Wire Fraud

The retirement system for San Francisco police officers is contained in the City’s charter, which created the San Francisco Employees’ Retirement System (SFERS). Under the charter, an individual convicted of a crime involving moral turpitude committed in connection with his or her official duties forfeits all rights to his or her SFERS retirement benefits. Ian…

Post-Retirement Conduct Can Result In Pension Forfeiture

Paul Mahan was a correction of­ficer for the Suffolk County sheriff’s department in Massachusetts. On August 15, 2000, while attempting to restrain an inmate who was involved in a fight, Mahan severely injured his knee. Mahan’s application for accidental disability retirement was approved by the board for the Boston retirement system. Between January 1, 2006,…

Officer Or Mother? It Matters For Pension Forfeiture

Jaime Quinn was an officer with the Sunbury, Pennsylvania Police De­partment. The Department provided her with a cell phone, which was to be used only to assist her in fulfilling her duties as a police officer, except in certain emergency situations or with departmen­tal approval. Despite this requirement, Quinn gave her Department-issued phone to her…

Pension Benefits Not Offset By Workers’ Comp Attorney Fees

Heather Bass was a Kansas City, Missouri police officer who sustained a duty-related injury in January 2008. Because of the injury, she was retired by the Department and became eligi­ble to receive duty-related disability pension benefits from the City’s Police Retirement System. Bass also filed a worker’s compen­sation claim and hired an attorney to represent…

Ex-Wife Entitled To Portion Of Officer’s Pension Though Officer Not Yet Retired

In a 1986 decision known as Koelsch v. Koelsch, the Arizona Supreme Court defined a matured pension as an “unconditional right to immediate payment.” Under Koelsch, when an employee spouse continues working after his retirement benefits mature, then he is “liable to reimburse the non-employee spouse for the property interest in the monthly pension benefit.”…

Mandatory Retirement Not ‘Involuntary’

Firefighter Robert Pyzyna worked for the Prospect Heights Fire Protection District in Illinois from June 2005 until his retirement on October 31, 2017. Pyzyna’s retirement was required because he had reached the age of 65, the mandatory retirement age for active firefighters under the Illinois Fire Protection District Act. Pyzyna retired with a defined benefit…

Videos Do Not Prove That Officer Had Recovered

It is not uncommon when an employer suspects that an employee may be falsely describing the extent of an on-the-job injury for the employer to obtain video of the employee engaging in physical activities. A recent case involving a Chicago police officer serves as a reminder that video evidence that the employee has engaged in…

Walking To Car After Testifying Not ‘Act Of Duty’ For Pension Purposes

Paul Griffin was a detective with the Village of New Lenox Police Department in Illinois. On September 7, 2016, Griffin worked from 8 a.m. until 4 p.m. He was wearing his service revolver, handcuffs, and police radio. Griffin’s supervisor informed him that he was to testify before a grand jury pursuant to a subpoena at…

PTSD Caused Marital Problems, Not Vice-Versa

Christopher Staford was a Crest Hill police officer in Illinois. He was working as a patrol officer on Decem­ber 11, 2010, when he and a suspect exchanged gunfire. During the inci­dent, Staford’s gun jammed. Shortly after the incident, Staford went to the emergency room, where he complained of feeling “rattled” and “very anxious.” He was…

Firefighter Receives Jail Time For Pension Fraud

Shane Streater, a Camden, New Jersey firefighter, applied for an accidental disability retirement pension in 2009 following two on-the-job accidents in 2007 and 2008. Streater submitted reports from two doctors, John Gaffney and Ralph Cataldo, in support of the application, and the Board of Trustees of the Police and Firemen’s Retirement System had Streater evaluated…

Sexting With Minors And Stealing Firearms Result In Pension Forfeiture

Eric Reamy was a sergeant with the Glen Rock Police Department in New Jersey. From 2011 to 2015, Reamy wrongfully and without authorization sold four rifles and three handguns that he improperly removed from the Department’s evidence locker. In 2015, Reamy was the juvenile officer for the Department. He began sexting on his work cellphone…

DROP Reform Does Not Violate Constitution

The Dallas Police and Fire Pension System is a public pension fund that provides comprehensive retirement, death, and disability benefits for approximately 9,300 active and retired City of Dallas police officers, firefighters, and their qualified dependents. Under the retirement plan, individuals become members of the pension system once they commence training at the police or…

Officer’s Tampering Conviction Does Not Result In Pension Forfeiture

Thomas Ungard was employed by the City of Williamsport, Pennsylvania as a police officer from 1993 until he was suspended in 2006 and discharged in 2014. During his tenure, Ungard also served as a member and coordinator of the Lycoming County Drug Task Force, which frequently obtained vehicles through criminal and civil forfeiture proceedings. Membership…

DROP Benefits Can Be Prospectively Reduced

The Dallas Police and Fire Pension System (DROP) provides comprehensive retirement, death, and disability benefits for some 9,300 Dallas police officers, firefighters, pensioners, and qualified survivors. Officers and firefighters automatically become System members when they enter the training academy. While in active service, they and the City of Dallas contribute to their accounts. A member…