§ 36-10.1-3 - Revocation and reduction of benefits.
SECTION 36-10.1-3
§ 36-10.1-3 Revocation and reduction ofbenefits. – (a) Notwithstanding any other provision of law, any retirement or other benefitor payment of any kind to which a public official or public employee isotherwise entitled under this chapter, under title 16, under title 45, undertitle 8, under chapter 30 of title 28, under chapter 43 of title 31, or underchapter 28 of title 42 shall be revoked or reduced, in accordance with theprovisions of this chapter, or § 11-41-31 if, after January 1, 1993, thepublic official or public employee is convicted of or pleads guilty or nolocontendere to any crime related to his or her public office or publicemployment. Any such conviction or plea shall be deemed to be a breach of thepublic officer's or public employee's contract with his or her employer.
(b) Whenever any public official or public employee isconvicted of or pleads guilty or nolo contendere to any crime related to his orher public office or public employment, the retirement board, if no finding ismade by the judge in the criminal action pursuant to § 11-41-31, shall:
(1) Initiate a civil action in the superior court for therevocation or reduction of any retirement or other benefit or payment to whichthe 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 oremployee to appear and show cause as to why any retirement or other benefit orpayment to which the public official or public employee is otherwise entitledunder this title, under title 16, under title 45, under title 8, under chapter30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42should not be withheld pending adjudication of the civil action in the superiorcourt.
(3) Legal standing is hereby conferred upon the retirementboard to initiate and maintain a civil action, and jurisdiction over that civilaction is hereby conferred upon the superior court.
(c) In any civil action under this chapter for the revocationor reduction of retirement or other benefits or payments, the superior courtshall determine:
(i) Whether the public employee has been convicted of or pledguilty or nolo contendere to any crime related to his or her public office orpublic employment and, if so;
(ii) Whether the retirement or other benefits or payments towhich the public official or public employee is otherwise entitled should berevoked or diminished and, if so;
(iii) In what amount or by what proportion such revocation orreduction should be ordered.
(2) In rendering its decision hereunder, the superior courtshall consider and address each of the following factors:
(i) The fact that the allowance of retirement or otherbenefits or payments for service under this title, under title 16, under title45, 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 shallhave been honorably rendered;
(ii) The severity of the crime related to public office orpublic employment of which the public official or public employee has beenconvicted or to which the public official or public employee has pled guilty ornolo contendere;
(iii) The amount of monetary loss suffered by the publicofficial's or public employee's employer or by any other person as a result ofthe subject crime related to public office or public employment;
(iv) The degree of public trust reposed in the subject publicofficial or public employee by virtue of his or her public office or publicemployment; and
(v) Any such other factors as, in the judgment of thesuperior court, justice may require.
(d) If the superior court determines that the retirement orother benefits or payments of a public official or public employee should berevoked or reduced under this chapter, it may, in its discretion and aftertaking into consideration the financial needs and resources of any innocentspouse or domestic partner, dependents and/or designated beneficiaries of thepublic official or public employee, order that some or all of the revoked orreduced benefits or payments be paid to any innocent spouse or domesticpartner, dependent or beneficiary as justice may require.
(e) If the superior court determines that the retirement orother benefits or payments of a public official or public employee should notbe revoked or reduced under this chapter, it shall order that the retirement orother benefits or payments be made to the public official or public employee asif the initiation of the civil action had not occurred.