Post by Prosay on Dec 28, 2017 10:33:39 GMT -5
If you are not convicted of a felony you keep your pension if you have over 20 years . Simple end of story
As long as department charges are not pending, as per the Administrative Code.
That "permission of the police commissioner" thing is still a sword hanging over everyone's head. You may not be facing ANY criminal charges, but may be facing some bullshit thing, like being accused of doing overtime when you didn't work it. The department may want to recoup that money and hold you over for department trial. You can't run out the door and retire and still think that your pension is going to be processed like everyone else. You may, as others have said here, have sue to get it.
And, let's face it: if the city's argument in court is that you got money from the city that you didn't deserve and the city wants that money back via a department trial, there's little chance the court is going to side with the "offending" cop.
Whether it's the pension laws or the U.S. Constitution, nothing is absolute.