Misconduct Investigations and Pension Forfeiture -- from Law Enforcement Dimensions | MassCops

Misconduct Investigations and Pension Forfeiture -- from Law Enforcement Dimensions

Discussion in 'Training Classes and Course Information' started by NEPS, Oct 23, 2019.

  1. NEPS

    NEPS 75th N.H.P.A.

    Join us for
    Misconduct Investigations and Pension Forfeiture
    November 1st, 2019
    8:00 a.m. to 12:00 p.m.
    COST: $130
    Natick Police Station
    20 East Central Street
    Natick, MA
    The employment consequences of misconduct investigations are well known — but what about the post-employment consequences of serious misconduct?
    Misconduct Investigations and Pension Forfeiture explains those post-employment consequences for managers, investigators, union officers, and employees who want to know everything that is at stake during an internal investigation. Attendees will learn:
     What crimes and court activity trigger automatic forfeiture of a public employee's pension?
     What right do public employers have to recover “misappropriated funds” directly from an employee’s pension deductions?
     What kind of off-the-job activity — and employer action about it — can lead to pension forfeiture?
     How can the Eighth Amendment’s prohibition of “excessive fines” rescue an employee from pension loss?
     What risks do successfully pensioned employees take by returning to part-time public service?
     Is there a higher risk of pension forfeiture for law enforcement employees?
     How can an employee can lose his or her entitlement to employer payments towards health insurance during retirement even if the pension is not forfeit?
    Your instructor is Attorney John Peter Hoerr, recently retired as a captain from over 30 years of service in municipal and university policing and a veteran of conducting internal investigations.
    To Enroll: Please send to [email protected]
     Name of Department
     Address of Department
     Names of Attendee(s)
     Email addresses of Attendee(s)
     Name of person to receive INVOICE
     Email address of person to receive INVOICE
     SUBJECT LINE of email is: NATICK 11/1
  2. pahapoika

    pahapoika Subscribing Member

    Would this apply to pensioners or is this for active-duty only ?
  3. Bananaman

    Bananaman MassCops Member

    Looks like this is for pensioners.
  4. NEPS

    NEPS 75th N.H.P.A.

    Kind of. If a pensioner did not do anything criminal during their active service that can come back to bite them, they are quite safe. But a pensioner who takes on part-time and not-pensionable public employment then gets into trouble risks the pension he or she already receiving.
  5. NEPS

    NEPS 75th N.H.P.A.

    It is for those who deal with employee misconduct investigations and managers. Union officials who want to know what kind of risks their union members may be facing also may find this useful.
    pahapoika likes this.
  6. j809

    j809 Subscribing Member

    On a you retire it’s almost impossible to get it taken away as it is a 5th amendment property right, had case laws on it. That is why all those troopers put their retirement papers in before they can be charged.

    Sent from my iPhone using Tapatalk
    Joel98 and mpd61 like this.
  7. HousingCop

    HousingCop Czar of Cyncism and Satire

    Yeah, good luck to them....... and the Red Sox.
  8. NEPS

    NEPS 75th N.H.P.A.

    For troopers who are not convicted of a crime, their pensions may be safe. For those who are convicted, the forfeiture law was changed years ago. A forfeiture goes back to the date of the criminal offense, not the conviction date. Convicted troopers also may be required to pay back any misappropriated funds out of their accumulated pension deductions. There is a possibility that their pensions will be saved by the 8th Amendment's prohibition on "excessive fines," but only one appellate court case has found a forfeiture was excessive.
  9. pahapoika

    pahapoika Subscribing Member

    Interesting stuff .

    Guess I should have made myself a little bit more clear . Was the training made available to people still on the job or could those retired still attend ?

    Since a lot of people including myself have taken part time jobs working details after retirement would be curious just what exactly could be a potential threat towards one's pension.

    In a world of ever-increasing litigation seems no one's safe

    Even us lowly retirees :p
  10. Bananaman

    Bananaman MassCops Member

    I was under the impression that if a crime was committed that was "connected to your employment" you could possibly lose your pension.
    Hypothetically if a retired CO used his knowledge of prison operations to break someone out, I wouldn't be surprised if they would face pension forfeiture. But idk
  11. NEPS

    NEPS 75th N.H.P.A.

    An interesting possibility, though it has not appeared in appellate cases.
  12. NEPS

    NEPS 75th N.H.P.A.

    Seats available for LED's Misconduct Investigations and Pension Forfeiture, Friday in Natick.

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