From Washington:Question: If a state can’t balance their budget, can they take from state employee (police) pensions? Can police officers lose our pensions for a state’s financial disparity? Answer: Federal bankruptcy laws allow cities to seek bankruptcy protection under Chapter 9 of the Bankruptcy Code. That allows cities to reorganize debt and cut pension benefits. States, on the other hand, have no ability to seek bankruptcy protection under Chapter…
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.” A non-employee spouse may waive her right to seek Koelsch payments if that spouse…
Peter Nowicki was employed with the Moraga-Orinda Fire District in California from 1983 until 2009. Nowicki began as a paramedic-firefighter and ultimately became fire chief on July 10, 2006. The initial contract between Nowicki and the District, was for a four-year term, with an annual salary of $173,000. Under the terms of the contract, Nowicki was eligible for an annual salary adjustment as determined by the District’s board, following…
William Rogers was enrolled in the Police and Firemen’s Retirement System (PFRS) on March 1, 1995, the date he began working for the Borough of Wenonah in New Jersey as a police officer. He advanced through the ranks to the level of Chief of Police. In 2018, the Borough entered into a shared services agreement with a neighboring town. Rogers received written notice from the Borough’s mayor concerning the…
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 pension plan and began receiving pension benefits in November 2017. That same month, Pyzyna…
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 even vigorous physical activity does not necessarily establish that the employee is malingering, and…
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 the county courthouse. Griffin drove his vehicle assigned by the police department with his…
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 diagnosed with anxiety. After continuing to experience symptoms, Staford began seeing Dr. Puls, a…
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 by a third doctor, Lawrence Barr. In February 2010, the Board denied Streater’s application…
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 with two juvenile females, R.K., who was then 17 and H.G., who was then…
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 firefighter academy. The member and the City contribute to the member’s account during the…
Michael Lalley was a police sergeant in Newark, New Jersey. In early 2010, he was approached by agents of the FBI seeking his cooperation with an investigation of fellow members of the Department. Lalley declined to cooperate in the investigation. Unbeknownst to him, during the same time period the FBI was also investigating his sexual relations with M.H., who was then 17 years old, and other minors Lalley encountered…
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 on the Task Force is voluntary, with work done through the District Attorney’s Office….
Adrian and Brooke Aurs were married in July 2007. At all times during the parties’ marriage, Adrian was employed as a police officer with the Indianapolis Metropolitan Police Department (IMPD) and was a member of the 1977 Police Officers’ and Firefighters’ Pension and Disability Fund (1977 Fund). Brooke filed for divorce in November 2015. Adrian was placed on unpaid suspension starting July 30, 2016, following a violent incident at…
Joseph Deignan was a police officer with the Town of Watertown, Massachusetts. Under a Massachusetts statute, members of the state retirement system lose their pensions “after final conviction of a criminal offense involving violation of the laws applicable to his office or position.” Under a series of cases, Massachusetts courts have ruled that for pension forfeiture to occur, there must be a direct link between the criminal offense and…
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 reaching retirement age can leave active service and begin drawing a monthly annuity based…
A Massachusetts statute calls for forfeiture of an officer’s pension “after final conviction of a criminal offense involving violation of the laws applicable to his office or position.” Two such cases were recently put before the state’s highest court. John Swallow was a police sergeant for the Massachusetts town of Manchester-by-the-Sea. Following a string of personal tragedies in 2011 and 2012, Swallow began drinking heavily and struggled with significant…
Jon Wilmot began work as a firefighter with the Contra Costa County Fire Protection District in California in 1985. By 2012, he had risen to the rank of captain. During this period, he was a member of the retirement program established by Contra Costa County, which is administered by the Board of Retirement of the Contra Costa County Employees’ Retirement Association. Wilmot’s last day on the job was December…
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