Forfeiture of Benefits

  • Can I lose my rights to receive my retirement benefits due to misappropriation of funds?

You will forfeit your retirement allowance if your retirement board, after a hearing, finds that you have misappropriated funds or property of the governmental unit by which you are or were employed. Your right and your beneficiary's right to receive monthly benefits, or simply a refund of your accumulated deductions, is forfeited to the extent of the amount so misappropriated and to the extent of the costs of investigation, if any, as found by the board. You may repay the amount misappropriated, at which point the board will determine if you shall continue as a member.

  • Is there a circumstance that will result in the permanent loss of my pension and annuity?

In no event shall any member, after final conviction of an offense set forth in section two of Chapter 268A of the General Laws, pertaining to corruption in official conduct or section 25 of Chapter 265 of the General Laws pertaining to police or licensing duties, be entitled to receive a retirement allowance or a return of his or her accumulated total deductions, nor shall any beneficiary be entitled to receive any benefits under such provisions on account of such member.

  • Is there any other circumstance under which I could suffer the permanent loss of my pension?

Yes.  A member, after a final conviction of a criminal offense committed on or after January 12, 1988, involving violation of the laws applicable to his or her office or position, is not entitled to receive a pension benefit, nor is any beneficiary.  Unless otherwise prohibited by law, accumulated total deductions (without interest) are returned to the member or his or her beneficiary in these circumstances.  If a member’s final conviction of an offense results in a forfeiture of rights, and the member began receiving his or her retirement allowance after the date of the offense, the member shall forfeit, and the board shall require the member to repay, all benefits received from the date of retirement.

Date published: July 1, 2015

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