This archive report was first published on 13 June 2020.
Published on June 13, 2020, a former Minneapolis police officer Derek Chauvin, accused of murdering George Floyd, could receive up to $50,000 a year in state pension payments if found guilty.
However, the amount he receives is uncertain as members of Mr. Floyd's family may be able to seize his pension distributions if they obtain a sizable judgment in a wrongful-death lawsuit.
Minnesota does not force public employees who are convicted of serious crimes to forfeit their state pensions, unlike some other states. The agency that distributes them, the Minnesota Public Employees Retirement Association, stated that this could be changed only by legislative action.
According to the agency, former employees qualify for benefits if they meet length-of-service requirements, regardless of whether termination of employment was voluntary or involuntary. Under state law, being charged or convicted of a crime does not impact a member's benefit.
Mr. Chauvin, 44, faces up to 40 years in prison if convicted of second-degree murder. He was a 19-year veteran of the Minneapolis police force before being fired and paid into a state pension system where 40 percent of contributions come from employees and 60 percent come from the police and other public employers.
State officials say that if he chooses to wait until turning 55 to receive full retirement benefits, the formula for his pension checks would multiply his years of service by 3 percent, and then multiply that number by the average of his five highest annual salaries. Choosing to receive benefits at age 50 would result in a stream of smaller payments.
On Friday, L. Chris Stewart, a lawyer for Mr. Floyd's daughter Gianna Floyd, and Gianna's mother, Roxie Washington, called for changes to police pension laws. Mr. Stewart stated, “Pensions are one of the leading reasons officers are not concerned about being terminated. It's one of the root causes in some of the most horrific cases we see. The laws must change regarding pensions. If an officer is fired or arrested, they must either lose their pension entirely or have it reduced substantially.”
Even if Mr. Floyd's family were to win a judgment against Mr. Chauvin, they would not be allowed to directly garnish his future benefits, which are shielded while they are still in the state pension system. However, once the checks start landing in Mr. Chauvin's bank account, Mr. Floyd's family might then be able to seize them.
