An off-duty Maryland police officer’s criminal act can, as a matter of law, be enough to disqualify his application for retirement benefits. Whether off-duty criminality actually disqualifies an application is something that must be decided by the retirement board, as a matter of fact. Here, the retirement board found that an officer’s persistent abuse of cocaine for eight years was sufficient reason to deny him retirement benefits, even if he performed his duties in a competent manner. On appeal, the panel noted that "the issue was not whether [the retiree] had abused cocaine ... [but] how serious a breach of his duty that abuse represented." In upholding the denial of benefits, the appellate panel wrote that the officer engaged in long-term abuse, rather than an "isolated lapse of judgment under extreme emotional circumstances." Employees Ret. Sys. of Baltimore Co. v. Brown, #0954-2008, 2009 Md. App. Lexis 94. Note: The Maryland appellate panel cited two other states that have upheld a denial of retirement benefits for similar misconduct. DeSoto v. Hialeah Police Pension Fund, #3D03-63, 870 So.2d 844 (Fla. App. 2003) and Siwek v. Ret. Bd. of Policemen’s Fund, #1-00-4147, 756 N.E.2d 374 (Ill. App. 2001).
     As a matter of due process, an Illinois appellate court refuses to enforce a time limit to file a death benefit claim because a letter sent to the widow of a deceased firefighter did not "fairly and adequately inform" her of the retirement board’s decision. Coleman v. Retirement Bd. of the Firemen’s Annuity of Chicago, #1-07-2355, 2009 Ill. App. Lexis 440 (1st Dist.).
     Ninth Circuit holds that retired employees who receive healthcare benefits, while no longer members of a valid bargaining unit, have standing to challenge an end of benefits as "plan participant" under ERISA, 29 U.S. Code §1132. Poore v. Simpson Paper Co., #05-36060, 2009 U.S. App. Lexis 11174 (9th Cir.).
     Appellate court declines to find that a voluntary retirement constituted constructive discharge. The plaintiff, a police commander accused of sexual harassment, chose early retirement in order to retain lifetime health coverage, which he would have forfeited if he was terminated. His §1983 action fails, because he was not forced to make an on-the-spot decision. Knappenberger v. City of Phoenix, #07-15774, 2009 U.S. App. Lexis 11106 (9th Cir.).
     Current city employees lack standing to sue over a lack of health-care benefits for retirees. Bova v. City of Medford, #08-35091, 2009 U.S. App. Lexis 9606, 106 FEP Cases (BNA) 206 (9th Cir.). 
    "The receipt of a disability pension is a property right that cannot be diminished without procedural due process. Without notice and without a hearing, the Board unilaterally attempted to modify the disability pension that it had previously awarded to the plaintiff. As a matter of due process, the Board should have provided the plaintiff with notice and an opportunity to be heard before modifying his pension." Kosakowski v. Bd. of Tr. of Calumet City Police Pension Fund, #1-08-1898, 2009 Ill. App. Lexis (1st Dist.).
     Illinois Supreme Court affirms an appellate ruling that held that the benefits paid to the surviving spouse of a police officer are frozen, and are not subject to COLA increases given to retired officers. Village of Roselle v. Roselle Police Pension Bd., #106741, 2009 Ill. Lexis 323. (Unpub. 2009).
     A federal employee for 20+ years, who cashed out $30,000 in retirement contributions following his termination, was not entitled to collect monthly retirement benefits. By electing to receive his contributions in cash, he waived any future retirement annuity. Martin v. OPM, #2008-3324, 2008 U.S. App. Lexis 24657 (Unpub. Fed. Cir.).
     “Although pension plans are subject to mandatory vesting under ERISA, welfare-benefit plans are not. Retiree healthcare-benefit plans ... are welfare benefit plans; vesting only occurs if the parties so intended when they executed the applicable labor agreements.” Cole v. ArvinMeritor, #06-2224, 2008 U.S. App. Lexis 25762, 185 LRRM (BNA) 2654, 2008 FED App. 0447P (6th Cir.).
     EEOC challenges a fire district policy that disallowed credit toward a pension for firefighters over 65. The district amended its program in late 2006 to allow firefighters to earn service credit without regard to age, but did not allow retroactive credits. EEOC v. Eaton’s Neck Fire Dist., #08-5089, complaint (E.D.N.Y. 12/18/08).
     Employees who were participating in a DROP program were bound by a new bargaining agreement that could reduce their retirement health benefits. Benefits were not frozen when they elected the DROP option. Millcreek Twp. Police Assn. v. Millcreek Twp., #433 C.D. 2008, 2008 Pa. Commw. Lexis 577.
     Pay calculations for Pennsylvania police officer, using the last month's earnings, resulted in an inequity because overtime hours earned during the last month increased their benefits -- but this method was not available for firefighters or other city employees who worked overtime during their last month. Such a calculation process created uncertainty in predicting pension fund needs, whereas averaging the last 12 months is a reasonable and appropriate construction of pension laws. Gontarchick v. City of Pottsville, #176 C.D. 2008, 2008 Pa. Commw. Lexis 623.
     Appellate court rejects an appeal where permanent disability benefits were denied. The Retirement System's medical expert provided testimony that sufficiently contradicted the claimant's medical evidence. "The Comptroller is vested with the exclusive authority to weigh the testimony offered by medical experts and to credit the opinion of one expert over that of another." Collins v. DiNapoli, #504927, 2008 N.Y. App. Div. Lexis 9529 (3rd Dept.).
     Florida appellate court grants limited relief to a retired city employee who was mistakenly informed that he would receive $175,000 if he enrolled in a Deferred Retirement Option Plan (DROP) but the actual amount was around $75,000. Retirement Board, City of Coral Gables v. Pinon, #3D08-1114, 2008 Fla. App. Lexis 15120.
     Federal Merit Board declines to excuse or abate a $45,341 claim against a former federal worker who collected disability pay in excess of the income limitations provided by law [5 C.F.R. §831.1209(a) and §8337(d)]. Zelenka v. O.P.M., #PH-831M-07-0316-B-1, OPM Claim #328-9-643, 2008 MSPB 228.
     Because a statute was silent about cost-of-living increases for the widows of disabled police officers, an Illinois appellate court concludes that the legislature did not intend for surviving spouses to receive such COLA increases. Therefore a pension board has no authority to grant COLA increases. Village of Roselle v. Police Pension Bd., #2-07-0354, 889 N.E.2d 665, 2008 Ill. App. Lexis 470 (2nd Dist.).
    Florida appellate court affirms forfeiture of an ex officer's pension benefits following his conviction for providing an escort service for a drug courier. Simcox v. City of Hollywood Police Retir. Sys., #4D07-4638, 2008 Fla. App. Lexis 12687.
     Municipal retirement benefits carry with them an inference that they will continue, and under settled principles of collective bargaining, retirees' health insurance benefits in prior bargaining agreements survive the expiration and cannot be diminished without the consent of the retired workers. DiBattista v. Co. of Westchester, #19762/04, 2008 N.Y. Misc. Lexis 5212.
     The courts and M.S.P.B. lacked the authority to review an agency decision to recover $53,766 in erroneously paid retirement benefits due to a management error. The employee failed to ask the O.P.M. to waive collection of the overpayments. Alexander v. O.P.M., #2008-3131, 2008 U.S. App. Lexis 14765 (Unpub. Fed. Cir.).
     Federal appeals court rejects a claim brought by the widow of a federal retiree that had elected to receive a reduced annuity with a partial survivor annuity. Although the widow claimed that her late husband made a mistake in filling out the form because he was mentally incompetent at the time and that he intended for her to receive the maximum annuity. The spousal consent form bore the widow's notarized signature. Scalese v. O.P.M., #2008-3168, 2008 U.S. App. Lexis 14711 (Unpub. Fed. Cir.).
     Appellate court overrules a regulation that allowed retiring peace officers who never had been injured on duty to collect higher benefits than an officer who was injured on duty, even if the two have the same rank, years of service. L.A. Co. Prof. POA v. Co. of L.A., #B200582, 2008 Cal. App. Lexis 1136 (2nd Dist.).
     Illinois appellate court upholds a line of duty pension for a police officer who suffered a lower back injury in a scuffle with a homeless man, which caused her lower back pain that prevented her from performing the full range of duties as a police officer. The city cannot avoid liability by claiming that she can return to work with accommodations, because she was never offered a position within her limitations. Kouzoukas v. Retirement Board of Chicago, #1-07-2623, 2008 Ill. App. Lexis 617 (1st Dist.). .
     In a case where a retired firefighter was erroneously overpaid $14,768 in benefits, the Pension Board had jurisdiction to correct the mistake. Although there is no statute that expressly authorizes a pension board to reduce the amount of payments it has awarded to a pensioner, the erroneous overpayments were not "an award of pension benefits." Fields v. Schaumburg Firefighters' Pension Fund, #1-07-2721, 2008 Ill. App. Lexis 497 (1st Dist.).
     The term "regular compensation" provided in Calif. Govt. Code 31724 includes sick leave and vacation periods, when taken as time off. Katosh v. Sonoma Co. Employees' Ret. Assn., #A115094, 2008 Cal. App. Lexis 758 (2nd Dist.).
     Eighth Circuit overturns a city's unilateral discontinuance of health insurance premium payments for retired public employees as required by a bargaining agreement; Art. I §10 of the U.S. Constitution prohibits the impairment of contracts. AFGE L-2957 v. City of Benton, Ark, #07-1589, 2008 U.S. App. Lexis 1416 (8th Cir.).
     Retiree benefits are not arbitrable if they don't vest prior to expiration of the collective bargaining agreement. Crown Cork & Seal v. Intl. Assn. of Machinists, #06-3639, 2007 U.S. App. Lexis 22207 (8th Cir.).
     White House police officer was not a federal law enforcement officer within the meaning of 5 U.S. Code 8331(20), §8401(17) and 5 C.F.R. § 831.902 because his primary function was not the "investigation, apprehension, or detention" criminals. Duties involving maintaining order and protecting life and property do not qualify for premium retirement benefits. Lowder v. Dept. of Homeland Security, #2006-3181, 2007 U.S. App. Lexis 24191 (Fed. Cir.).
     Retired Rhode Island police officers and firefighters had vested rights to receive cost-of-living adjustments "that cannot be decreased by future ordinance." Arena v. City of Providence, #2005-207, 919 A.2d 379 2007 R.I. Lexis 39, 181 LRRM (BNA) 3307 (R.I. 2007).
     EEOC revises ADEA regulations to conform to General Dynamics Land Sys. v. Cline, 540 U.S. 581 (2004); the 6-to-3 holding had rejected the claims of employees in their 40s who would not receive the same retirement health benefits as the employer's older employees. Coverage Under the Age Discrimination in Employment Act, EEOC Amendment to 29 C.F.R. Part 1625, 72 (129) Fed. Reg. 36873 (7/6/07).
     Federal court upholds a First and Eighth Amendment pension forfeiture challenge by a former police officer that was convicted of criminal civil rights violations. The ex-officer fatally shot a robbery suspect and coworker killed another. Other officers placed throw down weapons on the two deceased men and reported that the men were armed, in an effort to justify the shootings. Hames v. City of Miami, #06-22360-CIV, 2007 U.S. Dist. Lexis 25104 (S.D. Fla.). Note: The decision follows similar rulings in Kerner v. State Employees Retir. Sys., 72 Ill. 2d 507, 382 N.E.2d 243, 246 (1978) and Horsley v. Phila. Bd. of Pens. & Retir., 519 Pa. 264, 546 A.2d 1115 (1988).
     Although a public employee, as part of the divorce decree, was supposed to designate his ex-wife as beneficiary, he failed to do so. Upon his death the pension properly was distributed to his children; his signing of the dissolution agreement was not a substitute for the strict requirements for designating a beneficiary. Hansford v. Public Empl. Retir. Sys., #06AP-880, 2007-Ohio-1242, 2007 Ohio App. Lexis 1156.
     A police officer who was a member of the bargaining unit is bound by the pension terms of a bargaining agreement (CBA), even if he did not agree to the contents. Norcini v. City of Coatesville, #660 C.D. 2006, 2007 Pa. Commw. Lexis 21 (2007). [N/R]
     Because a sheriff's benefits plan resulted in younger workers who were disabled to receive higher benefits than older workers would receive, the EEOC established a prima facie violation of the ADEA, because the plan was facially discriminatory. EEOC v. Jefferson Co. Sheriff's Dept., #03-6437, 467 F.3d 571, 2006 U.S. App. Lexis 26981, 99 FEP Cases (BNA) 180, 2006 FED App. 0405P (6th Cir.). {N/R}
     Merit Board holds that a claimant was not entitled to enhanced retirement benefits; although the maintenance of firefighting equipment may be indirectly connected to firefighting, it does not meet the definition of "firefighter" under 5 U.S. Code §8401(14). Weatherby v. Dept. of the Interior, #06-3121, MSPB #SF-0842-05-0195-I-2, 2006 U.S. App. Lexis 26641 (Fed. Cir. 2006). {N/R}
     New York Court rejects a claim for duty-related retirement benefits to an officer that worked at the WTC site. There was evidence of preexisting cardiac disease and anxiety from a family death. Jefferson v. Kelly, #103125/06, 2006 NY Slip Op 26417, 2006 N.Y. Misc. Lexis 2954 (2006). [2006 FP Dec]
     Merit Systems Board rejects as "untimely" a retirement appeal; the federal employee waited more than 15 years before filing the appeal. Valdez v. Office of Personnel Mgmt., #SE-0831-90-0192-I-1, OPM #CSA-2-615-472, 2006 MSPB Lexis 4393, 2006 MSPB 238 (MSPB 2006). {N/R}
     Illinois appellate court denies retirement benefits to a former Inspector General of the Secretary of State's office because of his guilty plea for obstruction of justice, even though he was already retired at the time that he attempted to persuade a former secretary to withhold sensitive" documents from a grand jury subpoena. Bauer v. State Employees' Retir. Sys., #1-03-1589, 2006 Ill. App. Lexis 564 (2006). {N/R}
     Merit Systems Protections Board sustains an agency's determination that a former nuclear materials courier, who later became a law enforcement specialist/instructor, was not entitled to secondary law enforcement officer retirement benefits because his position was not a primary LEO position; although Congress specifically granted enhanced retirement benefits to nuclear materials couriers, it did not designate them as law enforcement officers. Fritts v. Dept. of Homeland Security, #AT-0842-05-0529-I-1, 2006 MSPB 160 (MSPB 2006). {N/R}
     City of San Diego agrees to settle a lawsuit alleging underfunding of its municipal pension plan. City to add $173 million into the system over the next five years. McGuigan v. San Diego, #GIC 849883, 44 (2162) G.E.R.R. (BNA) 657 (Cal. Super. 2006). {N/R}
     Indiana holds that a mandatory retirement age still applies to employees who were enrolled in a five-year DROP program. City of Gary v. Mitchell, #45A03-0504-CV-192, 843 N.E.2d 929, 2006 Ind. App. Lexis 409 (2006). [2006 FP Jun]
     Second Circuit rules that former New York City Transit employees are not entitled to lifetime health benefits under a plan sponsored by their union; the retirees lacked a vested right to such benefits. Silence in a health plan cannot be read as a promise that retiree benefits have vested. Bouboulis v. TWUA, #04-4241, 2006 U.S. App. Lexis 6120 (2d Cir. 2006). {N/R}
     Pennsylvania appellate court holds that a municipality cannot pass an ordinance that lessens the benefits of retired police officers, which benefits were earned in conformity with a valid collective bargaining agreement. Wilkes-Barre Twp. v. Penn. Lab. Rel. Bd., # 2648 C.D. 2004, 878 A.2d 977, 2005 Pa. Commw. Lexis 358, 178 LRRM (BNA) 2859 (2005). {N/R}
     Federal court upholds a proposed EEOC Regulation [68 (134) Fed. Reg. 41542-49] that will allow employers to provide retirees 65 and older with health benefits that are inferior to the benefits given to younger retirees. AARP v. EEOC, #05-CV-509, 390 F.Supp.2d 437, 96 FEPCases (BNA) 994, 2005 U.S. Dist. Lexis 21495 (E.D.Pa. 2005), relying on language in National Cable v. Brand X, 125 S.Ct. 2688 (2005). The EEOC notes that rising health care costs and a larger numbers of workers nearing retirement age created an incentive for employers to eliminate all health benefits for retirees. {N/R} New Jersey Benefits Review Task Force Report recommends increasing the retirement age for public employees, switching from a defined benefit to a defined contribution plan and requiring participants to pay a larger share of their health costs. {N/R}
     Illinois appellate court holds that a retired police officer who was convicted for misconduct in office was entitled to a full refund of his contributions to the police pension fund, without deduction of the substantial amounts he received prior to the termination of benefits. Bassett v. Pekin Police Pension Board, 2005 Ill. App. Lexis 1127 (3rd Dist. 2005). {N/R}
     ERISA prevents pension plans from denying credit for pre-ERISA service time accrued prior to a break-in-service; all years of service must be used when calculating an employee's accrued benefit. DiGiacomo v. Teamsters Pension Trust Fund, #04-3510, 420 F.3d 220, 2005 U.S. App. Lexis 18154 (3rd Cir. 2005). {N/R}
     Federal Court upholds a revised EEOC regulation allowing employers to reduce or terminate benefits for retired workers. AARP v. EEOC, #05-CV-509, 2005 U.S. Dist. Lexis 21495 (E.D.Pa. 2005), repling on National Cable and Telecommunications Association v. Brand X Internet Services, 125 S.Ct. 2688 (2005). [2005 FP Dec]
     Arbitrator concludes that a new management requirement, which was not based on an actuarial study, that police officers contribute 5% of their wages to the pension plan violates the bargaining agreement. Bor. of State College, Pa. and State College Police Assn., 121 LA (BNA) 188, FMCS Case No. 05/51261 (Felice, 2005). {N/R}
     New Illinois law penalizes any pension enhancements caused by balloon salary increases given during a worker's last year before retirement. S.B. 27, Illinois Pension Code Amendments (2005). [2005 FP Sep]
     Armed park ranger was not entitled to a federal law enforcement officer pension; duties such as maintaining order, protecting life and property are not the type of law enforcement duties that qualify an employee for LEO service credits under 5 C.F.R. §831.902. Fagergren v. Dept. of the Interior, #DE-0831-03-0469-I-1, 2005 MSPB Lexis 3240 (MSPB 2005). {N/R}
     NYC police sergeants union settles pension mismanagement lawsuit for $4.75 million. The fund, which benefits 10,000 active and retired members, fell from a high of $141 million in Mar. 2000 to $96 million in Sep. 2002. Another $29 million is claimed against a codefendant firm. N.Y.C. Sergeants Benevolent Assn. Annuity Fund v. Trainer Wortham & Co., N.Y. Law J. 5/31/2005 (Sup. Ct. Manhattan Co. NY 2005). {N/R}
     Seventh Circuit holds that the due process rights of retired officers were not violated when the county required retired sheriff's deputies to pay higher health care premiums than required by currently employed deputies. Germano v. Winnebago County, #04-3319, 2005 U.S. App. Lexis 6075 (7th Cir. 2005). {N/R}
     Eighth Circuit concludes that a state's decision to fund health insurance programs for some state employees at a different level than it funds program for others had a rational basis and did not violate the equal protection or due process clauses. Carter v. State of Arkansas, #04-1017, 2004 U.S. App. Lexis 26265 (8th Cir. 2004). {N/R}
     A public employee benefit plan using public funds is not subject to the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829. Gualandi v. Adams, #02-7809, 385 F.3d 236, 2004 U.S. App. Lexis 20620 (2d Cir. 2004). {N/R}
     Supreme Court holds that employers cannot reduce pensions for workers who retire early and then go to work somewhere else. In a unanimous ruling the justices held that ERISA [29 U.S. Code §1053(a)(3)(B)] protects against lowered benefits that take effect after a worker has retired -- in this case, the plaintiffs "retired" at age 39. Central Laborers' Pension Fund v. Heinz, #02-891, 2004 U.S. Lexis 4028 (2004). {N/R}
     Employers will be able to reduce or eliminate retired workers' health benefits after they qualify for Medicare, under a revised Rule of the Equal Employment Opportunity Commission. U.S. Equal Employment Opportunity Commission Notice of Proposed Rulemaking: Age Discrimination in Employment Act -- Retiree Health Benefits, 68 (134) Fed. Reg. 41542 (July 14, 2003). [2004 FP Jun]
     California appellate court concludes that a payment for accumulated sick leave is not part of a public employee's "final compensation" under Government Code 31461 and 31461.2 and should not be included when calculating retirement benefits. Salus v. San Diego Co. Emplees. Assn., #D041608, 2004 Cal. App. Lexis 478 (4th Dist. 2004). {N/R}
     Pension fund was not obligated to reinstate the retirement benefits of a police officer who was convicted of lying to a grand jury, and later was pardoned by President Clinton. The claimant forfeited all rights and property interest when he elected to receive a refund of his pension contributions. Yasak v. Ret. Bd. of Policemen's Benefit, #03-1733, 2004 U.S. App. Lexis 1661 (7th Cir. 2004). {N/R}
     Effective in June 2003, federal agencies now have the option of offering voluntary early retirement to employees for the purposes of restructuring or downsizing under guidance issued by the U.S. Office of Personnel Management. "Voluntary Early Retirement Under the Homeland Security Act of 2002," 68 (114) Fed. Reg. 35270 (6/13/03).
     Governor of New York (George Pataki, Rep.) has approved Assembly Bill 8352 which will reduce state and local government pension costs by $1.6 billion in the current fiscal year; it restructures the way public employers make contributions to the state's retirement fund. {N/R}
     A Norfolk naval base police officer was not a law enforcement officer under 5 U.S. Code §8336(c)(1), and was not entitled to enhanced retirement benefits. Koenig v. Dept. of the Navy, #02-3126, 315 F.3d 1378, 2003 U.S. App. Lexis 629 (Fed Cir. 2003). Also see Watson v. Dept. of the Navy, 262 F.3d 1292 (Fed. Cir. 2001). {N/R}
     Pennsylvania appellate court holds that detectives employed by district attorneys are not members of a police force for early retirement purposes. Allegheny Co. Detectives Assn. v. Allegheny Co. Retirement Bd., #188 C.D. 2002, 804 A.2d 1285, 2002 Pa. Commw. Lexis 666 (Pa. Cmwlth. 2002). {N/R}
     California reserve police officer, who received minimum wage rate and served 1 or 2 days per month for 27 years, was not "honorably retired" to qualify for the right to carry a concealed firearm on retirement. Haas v. Meisner, 2002 Cal. App. Lexis 4933 (4th Dist. 2002). {N/R}
     Although a 1989 divorce decree provided that a public employee's first wife would receive 60 percent of his retirement benefits, his surviving second spouse was the statutory beneficiary of all of his survivor benefits, and the courts were powerless to apportion those benefits. Cosby v. Cosby, #2001-0659, 96 Ohio St.3d 228, 2002 Ohio 4170, 773 N.E.2d 516, 2002 Ohio Lexis 1997 (2002). {N/R}
     Merit Systems Protection Board holds that U.S. Navy police officers at the Norfolk Naval Shipyard were not entitled to law enforcement officer retirements. Street v. Dept. of the Navy, #DC-0842-00-0210-I-1, 2002 MSPB Lexis 41 (MSPB 2002). [N/R]
     Federal appeals court upholds a one-year limitation of the Navy's law enforcement retirement credit, 5 C.F.R. §831.906(e-f). Stearn v. Dept. of the Navy, #01-3013, 280 F.3d 1376 (Fed. Cir. 2002). [N/R]
     The Supreme Court has declined to review a Court of Appeals holding that U.S. Navy base police officers were entitled to the early retirement privileges as other federal LEOs. Watson v. Dept. of Navy, #01-725, 122 S.Ct. 817, 2002 U.S. Lexis 279 (cert. denied 2002); appellate decision at 262 F.3d 1292 (Fed. Cir. 2001). [N/R]
     The fact that an employer grants waivers or treats employees differently does not prove a claim that the employer administered its plan arbitrarily and capriciously under the ERISA. Mauser v. Raytheon, #99-1895, 239 F.3d 51, 2001 U.S. App. Lexis 1562 (1st Cir.). {N/R}
     Illinois appellate court upholds the decision of a police retirement board to deny a pension because of an officer's felony conviction for mail fraud. Devoney v. Retirement Bd. of Chicago, #1-99-1383, 321 Ill. App.3d 1, 746 N.E.2d 836, 2001 Ill. App. Lexis 166 (2001). {N/R}
     N.J. Supreme Court reinstates medical benefits for a retired police officer. Although he was not legally entitled to the benefits, his superiors misunderstood the law at the time he retired and assured him that he was entitled to medical benefits. Middletown Twp. PBA v. Twp. of Middletown, #A-116-98, 162 N.J. 361, 744 A.2d 649, 2000 N.J. Lexis 23. [2000 FP 91]
     A city need not provide its retirees the same dental benefits obtained by active employees, gained by collective bargaining. L- 21, Int. Fed. v. San Francisco, 76 Cal. App.4th 213, 90 Cal.Rptr.2d 186, 1999 Cal. App. Lexis 987. {N/R}
     Appeals court rejects claim that retired public employees must receive the same health benefits as active employees. Intl. Fed. Prof. L-21 v. San Francisco, 76 Cal.App.4th 213, 1999 Cal. App. Lexis 987, 90 Cal.Rptr.2d 186 (1999). [2000 FP 27-8]
     U.S. Supreme Court rejects appeal of public official who lost his pension following a conviction for bribe-taking. Forfeiture of retirement benefits does not violate the Constitution. Ret. Bd. v. Azar, 721 A.2d 872, 1998 R.I. Lexis 330; cert. den. #98-1623, 1999 U.S. Lexis 3298. [1999 FP 108]
     Illinois Attorney General rules that a pension forfeiture law applies to either state or federal crimes. IL A.G. Opin. # 99- 006. www.ag.state.il.us/Opinions/99-006.htm [1999 FP 108]
     Massachusetts Supreme Court upholds the forfeiture of the pension contributions made by a former police officer who stole an entrance exam for his son. He had conspired to defraud the city of amounts exceeding the refund due. Doherty v. Retirement Bd. of Medford, 425 Mass. 130, 680 N.E.2d 45 (1997). [1998 FP 106-7]
     En banc panel in San Francisco upholds suit to give pension and other benefits to workers that were hired as "independent contractors." Status and duties, not labels, determines eligibility for benefits. Vizcaino v. Microsoft Corp., 1997 U.S. App. Lexis 18869 (9th Cir, en banc), citing Daughtrey v. Honeywell, Inc., 3 F.3d 1488 (11th Cir. 1993). A contrary decision is reached by a federal appeals panel in Virginia. Clark v. E. I. DuPont, 1997 U.S. App. Lexis 321, 20 E.B.C. 2309 (4th Cir.). [1997 FP 136-7]
     Federal court invalidates a police pension fund that treated women different than men because they, as a class, live longer. Kuhn v. Mun. Police Retir. Sys., 1996 U.S.Dist. Lexis 15362 (E.D.La.). [1997 FP 13-14]
     Federal appeals court strikes down a state statute that denied retirement benefits to public employees hired after they reached their 65th birthday. EEOC v. Mass., 77 F.3d 572 (1st Cir. 1996). [1996 FP 108]
     Appellate court allows terminated employee to collect accumulated sick leave time because employment handbook did not distinguish retirement separations as honorable/dishonorable or as voluntary/involuntary. Dow v. Columbus-Cabrini Medical Ctr., 274 Ill.App.3d 653, 655 N.E.2d 1, 10 IER Cases (BNA) 1221, 1995 Ill.App. Lexis 425. [1995 FP 155]
     Fed. ct. dismisses a disabilities discrimination suit of a police officer who was denied admission into pension fund and who brought a suit under the ADA. Rodriguez v. City of Aurora, 887 F.Supp. 162 (N.D.Ill. 1995). {N/R}
     Police officer with diabetes was allowed to proceed with a claim the refusal of a police pension fund to enroll him violated the ADA. Holmes v. City of Aurora, 1995 WL 21606 (N.D.Ill. 1/18/95). See also: U.S. v. St. of Illinois, 3 AD Cases 1157 (N.D.Ill. 1994). To settle all claims, the city council agreed to pay the officers $2,000 to drop his federal court lawsuit, make a $31,413 payment to the pension plan for the 10 years no money was paid in his behalf, and pay his attorneys $70,000; 8/17/95 Chi. Trib. 2-4. {N/R}
     For pension purposes, an employee's age is that age stated on the employment application; proof of a different age cannot be later raised to increase one's benefits. Glynn v. Retir. Bd., 635 N.E.2d 823 (Ill.App. 1994). {N/R}
     Illinois allows a police officer, under a 25 year sentence for murder, to collect his retirement pension. Crime was not committed while on duty. Cullen v. Retirement Bd. of Chicago, 1995 Ill.App. Lexis 173. [1995 FP 75-6]
     Congress amends Social Security Act to allow full participation by firefighters and police officers. Social Security Independence Act of 1994, 42 U.S. Code Sec. 418. [1995 FP 28]
     Changes in retirement laws designed to encourage present and future employees to remain in service longer may have prospective application; retroactivity would not promote the purpose of such amendments. Arkansas Fire & Police Pension Bd. v. Stephens, 832 S.W.2d 239 (Ark. 1992). [1993 FP 28]
     Florida rules that unused vacation and sick leave are not “salary and wages” for purposes of calculating retirement benefits. Miami Beach Police & Firemen v. Bd. of Trustees, 581 So.2d 229 (Fla.App. 1991). [1992 FP 108]
     Employer's pension plan is not legally required to increase benefits of employees who voluntarily work past their normal retirement age. Atkins v. Northwest Airlines, 59 FEP Cases (BNA) 227 (8th Cir. 1992). [1992 FP 141-2]
     Pension funds could decline to cover a diabetic police officer. Holmes v. Ill. Munic. Retir. Fund, 540 N.E.2d 1122 (Ill.App. 1989).
     City could amend fire dept. pension plan, increase benefits, and require firefighters to make retroactive contributions. Burlington F.F.A. v. City of Burlington, 543 A.2d 686 (Vt. 1988).
     Erroneously retired lieutenant entitled to reinstatement and seniority preference for promotion to captain. Snell v. City of Shreveport, 514 So.2d 698 (La. App. 1987).
     Federal Court upholds state law equalizing retirement ages of men and women public employees; fact one sex now must work an extra five years is not unconstitutional. Pineman v. Fallon, 662 F.Supp. 1311 (D. Conn. 1987).
     “Equal or better” benefits does not require a mathematical formula as to which pension plan should prevail. Salem Firefighters v. Public Employment Retirement Board, 717 P.2d 126 (Ore. 1986).
     Retirement bonus pay law repealed; retirees win suit to reinstate benefits. City of Athens v. McGahee, 341 S.E.2d 855 (Ga. App. 1986).
     City could not terminate ex-vice squad commander's pension because of subsequent conviction. Board of Trustees of Police Pension v. Weed, 719 P.2d 1276 (Okla. 1986).
     City can still collect pension contributions from those who have reached the maximum benefit level of participation. Caruso v. City of Omaha, 222 Neb. 257, 383 N.W.2d 41 (1986).
     State could change pension laws and reduce benefits for those who had not yet reached eligibility status, but could not adversely affect those who retired or could have retired. Baker v. Okla. Firefighters Pension system, 718 P.2d 348 (Okla. 1986).
     Deputy fire chief's pension should be calculated on the pay rate of his highest civil service rank, not his exempt bank. Braun v. Retirement Bd. of Firemen's Fund of Chicago, 483 N.E.2d 8 (Ill. 1985).
     Michigan retirement pay includes longevity, holidays, vacations, overtime, shift-differential and cost-of-living; excludes recall pay, sick leave, life and hospital insurance. Gentile v. City of Detroit, 362 N.W.2d 848 (Mich. App. 1984).
     City could lower retirement benefits for newly hired fire and police personnel; no equal protection problems. Jackson Firefighters Assn. Local 87 v. City of Jackson, Miss., 736 F.2d 209 (5th Cir. 1984).
     Deputy fire chief, convicted of pay-offs for his promotion, not entitled to retirement pay based on promotional ranks. Hackett v. City of New Britain, 2 Conn. App. 225, 477 A.2d 148 (1984).
     City can amend pension laws for new employees; no right to transfer benefits when employees switch departments. San Francisco Fire Fighters L-798 v. City of San Francisco, 201 Cal.Rptr. 176 (App. 1984).
     City can unilaterally require firefighters and police to increase their pension contributions. Intern. Assn. of Fire Fighters v. City of San Diego, 667 P.2d 675 (Cal. 1983).
     “Salary” for retirement purposes does not include overtime pay regularly earned. Beaver v. Liston, 464 A.2d 679 (Pa. Cmwlth. 1983).
     Employee entitled to higher pension than legally due if city mistakenly informed him of the amount due if he retired. Kern v. City of Flint, 335 N.W.2d 708 (Mich. App. 1983).
     Disabled employee could switch to ordinary retirement pension when he reached eligible age. Redding v. Board of Trustees of Oak Park, 450 N.E.2d 763 (Ill.App. 1983).
     Court action in setting aside a felony conviction does not restore former employee's right to a pension. Ballard v. Board of Trustees of Police Pension Fund of the City of Evansville, 452 N.E.2d 1023 (Ind.App. 1983).
     Local option retirement plans that are “equal” or better than state plans need no be identical or equal in every provision. Oregon Fire/Police Retirement Committee v. Oregon Public Employees" Retirement Board, 671 P.2d 729 (Ore. App. 1983).
     "Salary" means base pay, not overtime and credits, when used for pension deductions and pension benefits. Hill v. City of Lincoln, 330 N.W.2d 471 (Neb. 1983).
     City could not deny firearms permit to disabled police officer without a hearing and a showing of cause. Monzingo v. City of Garden Grove, 190 Cal.Rptr. 750 (App. 1983).
     Does a police or fire chief or his subordinate forfeit a pension because of misconduct? New Jersey Supreme Court sets a precise standard of review. Uricoli v. Bd. of Trustees, Police & Firemen's Retirement System, 91 N.J. 62, 449 A.2d 1267 (1982).
     Ex-wife can require pension board to make payments directly to her, due under divorce decree. Spadaro v. New York City Police Pension Service, 454 N.Y.Supp. 374 (Misc. 1982).
     Once, again, appellate court upholds rule of no refunds for personnel that quit before retirement. Holmes v. City of Los Angeles, 172 Cal.Rptr. 589 (App. 1981).
     State retirement system can treat highway patrol officers and narcotics agents differently; not a denial of equal protection clause of constitution. Anderson v. Winter, 631 F.2d 1238 (5th Cir. 1980).
     State cannot increase pension contributions without adding to benefits; vested rights impaired. Singer v. City of Topeka, 607 P.2d 467 (Kan. 1980). Retirement pension must include longevity benefits in determining final salary if increments were included in employee's contributions. York Paid Firemens Pension Fund Board v. Orendorff, 419 A.2d 232 (Pa. Cmwlth. 1980).
     Resigning employees not entitled to refund of mandatory contributions. Stevens v. Bd. of Trustees of Shreveport, 370 So.2d 528 (La. 1979).
     Different retirement benefits for chief not a violation of equal protection doctrine. City of Winona v. Policeman's Relief Assn., 281 N.W. 2d 145 (Minn. 1979).
     Can the legislature reduce pension benefits? Alabama Supreme Court sets guidelines. Bd. of Trustees v. Cary, 373 So.2d 841 (Ala. 1979).
     Resigning employees not entitled to refund of withheld pension contributions. Musquiz v. City of San Antonio, 586 F.2d 530 (5th Cir. en banc 1978); 528 F.2d 499 affirmed.
     Indiana rules that eligible disabled retirees can switch to ordinary retirement to receive increased benefits. Bobson v. City of Mishawaka, 383 N.E.2d 484 (Ind.App. 1978).
     State law may treat fire and police personnel differently from other employees. Bryson v. Utah State Retirement Office, 573 P.2d 1280 (Utah 1978).
     Involuntary Retirement discussed. Gardner v. Nation, 522 P.2d 1281.
     Equal Protection discussed. Roth v. Public Employees Retir. Bd. of Ohio, 336 N.E.2d 448 (Ohio App. 1975).
     Statute of Limitations; Collateral Estoppel. Montagna v. O'Hagan, 402 F.Supp. 178 (E.D. N.Y. 1975).
     Separate pension fund sought in suit by Rhode Island firemen. Montanero et al v. Taft et al, Providence Super. Ct. (R.I. 1974).
     See also: Disability Rights and Pensions; Divorce Proceedings; Sex Discrimination; Sexual Harassment.