ARTICLE VI. - REVOCATION AND REDUCTION OF POLICEMEN'S AND FIREMEN'S PENSION FUND BENEFITS

Footnotes:

--- (6) --- Editor's note— Ch. 139, § I, adopted Oct. 3, 2000, added a new article VI, sections 11-252—11-254 pertaining to revocation and reduction of policemen's and firemen's pension fund benefits. To allow for future expansion of article V, the provisions of said chapter have been included herein as sections 11-271—11-273 at the discretion of the editor.

Sec. 11-271. - Definitions.#

(a)

Crime related to employment with the city as a police officer or firefighter shall mean any of the following criminal offenses:

(1)

The committing, aiding, or abetting of an embezzlement of public funds;

(2)

The committing, aiding or abetting of any felonious theft by a public officer or employee from his or her employer;

(3)

Bribery in connection with employment of a public officer or employee; and

(4)

The committing of any felony by a police officer or firefighter who, willfully, and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public employment.

(b)

Police officer or firefighter shall mean any current or former employee of the city police department or fire department.

(c)

Board of trustees shall mean that board established pursuant to section 11-245 of article V of this chapter.

(d)

As used in this chapter, the phrase "pleads guilty or nolo contendere" shall not include any plea of nolo contendere which does not constitute a conviction by virtue of R.I.G.L. § 12-10-12 or 12-18-3.

(Ch. 139, § I, 10-3-00)

Sec. 11-272. - Revocation and reduction of benefits.#

(a)

Notwithstanding any other provision of law, any retirement or other benefit or payment of any kind to which a police officer or firefighter is otherwise entitled under [article] V of this chapter and any collective bargaining agreement between the city and the recognized collective bargaining agents for members of the police department or fire department shall be revoked or reduced, in accordance with the provisions of article V of the chapter, if the police officer or firefighter is convicted of or pleads guilty or nolo contendere to any crime related to his or her duties as a police officer or firefighter. Any such conviction or plea shall be deemed to be a breach of the police officers' and firefighter's collective bargaining agreement with the city.

(b)

Whenever any police officer or firefighter is convicted of or pleads guilty or nolo contendere to any crime related to his or her employment, the board of trustees shall order the police officer or firefighter to appear at a hearing before the board of trustees to show cause why any retirement or other benefit or payment to which the police officer or fire fighter is otherwise entitled under article V of this chapter should not be reduced or revoked. The board of trustees may appoint a hearing officer as its designee for the purpose of conducting such hearing and rendering a decision thereon.

(c)

(1)

In any hearing under article V of this chapter for the revocation or reduction of retirement or other benefits, the board of trustees shall determine:

a.

Whether the police office or firefighter has been convicted of or pled guilty or nolo contendere to any crime related to his or her public employment and, if so;

b.

Whether the retirement or other benefits or payments to which the police officer or firefighter is otherwise entitled should be revoked or diminished and, if so;

c.

In what amount or by what proportion such revocation or reduction should be ordered.

(2)

In rendering its decision hereunder, the board of trustees shall consider and address each of the following factors:

a.

The fact that the allowance of retirement or other benefits or payments for service under article V of this chapter presumes and requires that the service shall have been honorably rendered;

b.

The severity of the crime related to public employment in which the police officer or firefighter has been convicted or to which the police officer or firefighter has pled guilty or nolo contendere;

c.

The amount of monetary loss suffered by the city as a result of the subject crime related to public employment;

d.

The degree of public trust reposed in the police officer or firefighter by virtue of his or her public employment;

e.

Any such other factors as, in the judgment of the board of trustees, justice may require.

(d)

If the board of trustees determines that the retirement or other benefits or payments of a police officer or firefighter should be revoked or reduced, it may, in its discretion and after taking into consideration the financial needs and resources of any innocent spouse, dependents and/or designated beneficiaries of the police officer or firefighter, determine that some or all of the revoked or reduced benefits or payments be paid to any innocent spouse, dependent or beneficiary as justice may require.

(e)

If the board of trustees determines that the retirement or other benefits or payments of a police officer or firefighter should not be revoked or reduced under article V of this chapter it shall order that the retirement or other benefits or payments be made to the police officer or firefighter.

(f)

If the board of trustees determines that the retirement or other benefits or payments of a police officer or firefighter should be revoked or reduced, the board of trustees shall initiate a civil action in superior court for the revocation or reduction of any retirement or other benefits or payments to which the police officer or firefighter is otherwise entitled to under article V of this chapter.

(Ch. 139, § I, 10-3-00)

Sec. 11-273. - Return of contribution.#

(a)

Any police officer or firefighter whose retirement or other benefits or payments are revoked pursuant to article V of this chapter shall be entitled to a return of his or her contribution paid into the pension fund without interest.

(b)

Any police officer or firefighter whose retirement or other benefits or payments are reduced pursuant to article V of this chapter shall be entitled to a pro rata return of a portion of his or her contribution paid into the pension fund in an amount proportionate to the amount of any such reduction, without interest.

(c)

Notwithstanding the provisions of subsections (a) and (b) of this section, no payments in return of contributions shall be made or ordered unless and until the board of trustees determines that the police officer or firefighter whose retirement or other benefits or payments have been revoked or reduced under article V of this chapter has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution for losses incurred by any person as a result of the subject crime related to public employment. If the board of trustees determines that the police officer or firefighter whose retirement or other benefits or payments have been revoked or reduced under article V of this chapter has failed to satisfy any outstanding judgment or order of restitution rendered by any court of competent jurisdiction, it may order that any funds otherwise due to the police officer or firefighter as a return of contribution, or any portion thereof, be paid in satisfaction of the judgment or order.

(Ch. 139, § I, 10-3-00)