(a)  Any public official or public employee whose retirement or other benefits or payments are revoked pursuant to this chapter shall be entitled to a return of his or her contribution paid into the relevant pension fund(s), without interest.

Terms Used In Rhode Island General Laws 36-10.1-4

  • Crime related to public office or public employment: 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 public officer or employee 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 office or employment position. See Rhode Island General Laws 36-10.1-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • public employee: shall mean any current or former state or municipal elected official as defined in § 36-14-2(10), state or municipal appointed official as defined in § 36-14-2(4), and any employee of state or local government, of boards, commissions or agencies as defined in § 36-14-2(8)(i), (ii), who is otherwise entitled to receive or who is receiving retirement benefits under this title, under title 16, under title 45, under title 8, under chapter 30 of Title 28, under chapter 43 of Title 31, or under chapter 28 of Title 42, whether that person is acting on a permanent or temporary basis and whether or not compensated on a full-time or part-time basis. See Rhode Island General Laws 36-10.1-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(b)  Any public official or employee whose retirement or other benefits or payments are reduced pursuant to this chapter shall be entitled to a pro rata return of a portion of his or her contribution paid into the relevant pension fund(s) 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 superior court determines that the public official or public employee whose retirement or other benefits or payments have been revoked or reduced under 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 office or public employment. If the superior court determines that the public official or employee whose retirement or other benefits or payments have been revoked or reduced under 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 public official or public employee as a return of contribution, or any portion thereof, be paid in satisfaction of the judgment or order.

History of Section.
P.L. 1992, ch. 306, art. 1, § 8.