(a)  Notwithstanding any other provision of law, any retirement or other benefit or payment of any kind to which a public official or public employee is otherwise entitled under this chapter, 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 shall be revoked or reduced, in accordance with the provisions of this chapter, or §?11-41-31 if, after January 1, 1993, the public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment. Any such conviction or plea shall be deemed to be a breach of the public officer’s or public employee’s contract with his or her employer.

Terms Used In Rhode Island General Laws 36-10.1-3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

  • Dependent: A person dependent for support upon another.
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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

(b)  Whenever any public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment, the retirement board, if no finding is made by the judge in the criminal action pursuant to §?11-41-31, shall:

(1)  Initiate a civil action in the superior court for the revocation or reduction of any retirement or other benefit or payment to which the public official or public employee is otherwise entitled 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.

(2)  The superior court shall order the public official or employee to appear and show cause as to why any retirement or other benefit or payment to which the public official or public employee is otherwise entitled 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 should not be withheld pending adjudication of the civil action in the superior court.

(3)  Legal standing is hereby conferred upon the retirement board to initiate and maintain a civil action, and jurisdiction over that civil action is hereby conferred upon the superior court.

(c)(1)  In any civil action under this chapter for the revocation or reduction of retirement or other benefits or payments, the superior court shall determine:

(i)  Whether the public employee has been convicted of or pled guilty or nolo contendere to any crime related to his or her public office or public employment and, if so;

(ii)  Whether the retirement or other benefits or payments to which the public official or public employee is otherwise entitled should be revoked or diminished and, if so;

(iii)  In what amount or by what proportion such revocation or reduction should be ordered.

(2)  In rendering its decision hereunder, the superior court shall consider and address each of the following factors:

(i)  The fact that the allowance of retirement or other benefits or payments for service under this title, under title 16, under title 45, under title 8, under chapter 30 of Title 28, under chapter 43 of Title 31, and under chapter 28 of Title 42 presumes and requires that the service shall have been honorably rendered;

(ii)  The severity of the crime related to public office or public employment of which the public official or public employee has been convicted or to which the public official or public employee has pled guilty or nolo contendere;

(iii)  The amount of monetary loss suffered by the public official’s or public employee’s employer or by any other person as a result of the subject crime related to public office or public employment;

(iv)  The degree of public trust reposed in the subject public official or public employee by virtue of his or her public office or public employment; and

(v)  Any such other factors as, in the judgment of the superior court, justice may require.

(d)  If the superior court determines that the retirement or other benefits or payments of a public official or public employee should be revoked or reduced under this chapter, it may, in its discretion and after taking into consideration the financial needs and resources of any innocent spouse or domestic partner, dependents and/or designated beneficiaries of the public official or public employee, order that some or all of the revoked or reduced benefits or payments be paid to any innocent spouse or domestic partner, dependent or beneficiary as justice may require.

(e)  If the superior court determines that the retirement or other benefits or payments of a public official or public employee should not be revoked or reduced under this chapter, it shall order that the retirement or other benefits or payments be made to the public official or public employee as if the initiation of the civil action had not occurred.

History of Section.
P.L. 1992, ch. 306, art. 1, § 8; P.L. 1995, ch. 212, § 1; P.L. 1996, ch. 292, § 2; P.L. 2007, ch. 510, § 13.