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Gadzooks
Member
16 Posts |
Posted - 07/31/2008 : 10:22:13 PM
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The state pension system has revoked pensions. Bill McLean, a rep from Fairhaven, had his pension revoked. The trick is that the crime has to be committed in the line of work. If Bob Shea abused this boy at the school, he'll have a hard time holding onto his pension. They can freeze his accounts, seize his house.
From the Boston Herald:
This occurs even though the SJC seemed to remove all doubt two years ago, making it crystal clear that the public retirement boards which dispense pension money have no authority to allow such convicts to collect retirement benefits....
In the opinion, authored by Associate Justice Roderick Ireland, the court said that based on a new section of the pension forfeiture statutes enacted by the Legislature in 1988, the State Retirement Board had no choice but to deny MacLean his pension. "Forfeiture of pension benefits automatically flows as a consequence of conviction. That statute does not allow the board any discretion as to the revocation of pension benefits," the court wrote.
The Boston Herald
Oct. 22, 2002
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tetris
Moderator
2040 Posts |
Posted - 08/01/2008 : 10:01:22 AM
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Gadzooks,
Good information. Thanks. |
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massdee
Moderator
5299 Posts |
Posted - 08/01/2008 : 3:08:06 PM
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| It is also encouraging to know if a city employee is convicted of a crime, their retirement can be revoked even if they have already received it in a lump sum. Thanks for the info. |
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Citizen Kane
Advanced Member
1082 Posts |
Posted - 08/01/2008 : 8:33:04 PM
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| Does anyone know when he goes to trial? |
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Paul
Senior Member
158 Posts |
 Posted - 08/03/2008 : 09:30:59 AM
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I am no expert on this subject but it sounds to me that the "pension" in this particular case is now gone.
If the "pension" was "lump summed" it doesn't exist anymore.
He was probably told to do this by legal or financial people in case of a conviction.
"This occurs even though the SJC seemed to remove all doubt two years ago, making it crystal clear that the public retirement boards which dispense pension money have no authority to allow such convicts to collect retirement benefits...."
That piece from the Herald that Gadzooks posted seems to be dealing with someone who is already convicted.
Again,I am no expert but would like to hear other peoples thoughts.
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Tails
Administrator
2682 Posts |
Posted - 08/03/2008 : 10:13:07 AM
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I’m sure that was advice from his legal team. They probably want to make sure they get paid.
The SJC made John Bulger forfeit his pension because he lied about the whereabouts of his brother, Whitey Bulger You must be logged in to see this link.
I think that’s a question for the school committee. They should come out and say whether they are able to do so by law and if they will seek to revoke it, if he is found guilty.
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tetris
Moderator
2040 Posts |
Posted - 08/03/2008 : 9:40:42 PM
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The law that the Herald article references is probably found in Chapter 32 Section 15 of MGL, a link to which is provided below:
You must be logged in to see this link.
This law clearly talks about what actions can be be taken after a conviction. As was posted by Gadzooks and backed up by the article in the link that Tails provided, the key is to make a solid connection between the job and the crime committed.
The article that Tails provided backs up my earlier thought that it would be possible to go after someone for monies already paid out. As I thought though, a separate action would have to be initiated after the conviction in order for this to happen.
To prevent a similiar situation from happening with a state employee, there is another section of MGL (Chapter 30, Section 59) that prevents state employees from receiving any retirement benefits, except monies they contributed themselves, while on suspension for being "under indictment for misconduct in such office or employment". I seriously doubt that there is any comparable law in the city. |
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State Ethics Board
