# Misconduct Investigations and Pension Forfeiture -- from Law Enforcement Dimensions



## NEPS (Aug 29, 2006)

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


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## pahapoika (Nov 5, 2006)

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


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## Bananaman (Apr 8, 2019)

pahapoika said:


> Would this apply to pensioners or is this for active-duty only ?


Looks like this is for pensioners.


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## NEPS (Aug 29, 2006)

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.


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## NEPS (Aug 29, 2006)

Bananaman said:


> Looks like this is for pensioners.


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.


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## j809 (Jul 5, 2002)

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


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## HousingCop (May 14, 2004)

j809 said:


> 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.


*Yeah, good luck to them....... and the Red Sox. *


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## NEPS (Aug 29, 2006)

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.


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## pahapoika (Nov 5, 2006)

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


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## Bananaman (Apr 8, 2019)

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


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## NEPS (Aug 29, 2006)

Bananaman said:


> 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


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


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## NEPS (Aug 29, 2006)

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


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