Pension Archives - Labor Relations Information System

Officer Loses Pension On Conviction Of Wire Fraud

November 5, 2022

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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 Furminger was a sergeant with the San Francisco Police Department (SFPD) and was enrolled…

Post-Retirement Conduct Can Result In Pension Forfeiture

November 5, 2022

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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, and January 1, 2013, Mahan received a combination of workers’ compensation benefits, “assault pay,”…

Murder Of Ex-Wife Results In Loss Of Pension Benefits

October 8, 2022

| Categories: Pension, Public Safety Labor News, Retirement and Pension

On May 7, 2009, Drew Peterson was charged with the first-degree murder of his former wife, Kathleen Savio, who had been found dead in her bathtub on March 1, 2004. Peterson was tried and convicted in 2012 and was sentenced to 38 years in prison. From 1977 until his retirement on November 9, 2007, Peterson had been a police officer in the Bolingbrook Police Department in Illinois. On November…

Officer Or Mother? It Matters For Pension Forfeiture

September 2, 2022

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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 son in October 2016 for his personal use, in order to replace another cell…

Pension Benefits Not Offset By Workers’ Comp Attorney Fees

February 11, 2022

| Categories: Attorney Fees, Pension, Public Safety Labor News, Retirement and Pension, Workers’ Compensation

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 her on that claim. She engaged her attorney on a contingency fee basis. As…

Q & A

December 10, 2021

| Categories: Past Practice, Pension, Public Safety Labor News, Questions and Answers

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…

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

December 10, 2021

| Categories: Divorce, Pension, Public Safety Labor News

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…

No Retroactive Ban On Pension Spiking

December 10, 2021

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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…

Chief Not Entitled To Pension Credit For Severance Pay

June 5, 2021

| Categories: Pension, Public Safety Labor News, Retirement and Pension, Severance

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…

Mandatory Retirement Not ‘Involuntary’

April 30, 2021

| Categories: Mandatory Retirement, Pension, Public Safety Labor News, Retirement and Pension, Unemployment Benefits

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…

Videos Do Not Prove That Officer Had Recovered

April 30, 2021

| Categories: Benefits, Disability Issues, On-Duty Injury, Pension, Public Safety Labor News, Retirement and Pension

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…

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

April 30, 2021

| Categories: Act Of Duty, Disability Issues, Pension, Public Safety Labor News, Retirement and Pension

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…

PTSD Caused Marital Problems, Not Vice-Versa

April 8, 2021

| Categories: Disability Issues, Pension, Post Traumatic Stress Disorder, Public Safety Labor News

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…

Firefighter Receives Jail Time For Pension Fraud

November 6, 2020

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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…

Sexting With Minors And Stealing Firearms Result In Pension Forfeiture

July 22, 2020

| Categories: Discipline, Pension, Public Safety Labor News, Termination

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…

DROP Reform Does Not Violate Constitution

April 2, 2020

| Categories: DROP Plan, Pension, Public Safety Labor News, Retirement and Pension

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…

Officer Forfeits Pension After Conviction For Obstruction

February 28, 2020

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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…

Officer’s Tampering Conviction Does Not Result In Pension Forfeiture

July 24, 2019

| Categories: Discharge, Pension, Public Records, Public Safety Labor News

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….

Disability Pension Subject To Division In Divorce

July 24, 2019

| Categories: Disability Issues, Divorce, Pension, Public Safety Labor News

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…

Officer Loses Pension On Conviction For Fraud

April 22, 2019

| Categories: Pension, Public Safety Labor News, Retirement and Pension

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…

DROP Benefits Can Be Prospectively Reduced

April 22, 2019

| Categories: DROP Plan, Pension, Public Safety Labor News, Retirement and Pension

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…

Officers’ Convictions Do Not Result In Pension Forfeiture

March 2, 2019

| Categories: Pension, Public Safety Labor News

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…

Retiree Can Forfeit Pension For Conviction Of Theft

January 29, 2019

| Categories: Pension, Public Safety Labor News

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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