John Purcell spends 25 years as a police officer and retired with a full pension. During his years as a police officer, numerous disciplinary actions were taken against him. Each one was minor enough to warrant no more than a day or two of suspension. He would go long periods with no disciplinary actions and then would have two or three in a short period. This cycle continued throughout his career.
After three years of retirement, his colleagues were surprised to learn that he had been arrested as one of three people who had held up an armored car and made off with $1.5 million. As news of the arrest and Purcell's background became public, questions were asked about his pension and whether he could continue to draw it after being arrested. State law allowed jurisdictions to take away pensions in such cases so that victims could be compensated. However, there was no provision requiring such action. Purcell's wife is unable to work and will be left without resources if the pension is taken away.
1. You are a benefits analyst for the pension fund and have been asked to make a recommendation to the Pension Board concerning whether Purcell's pension should be taken from him. What will you consider in making your recommendation. Be specific. What is your recommendation? Explain the rationale for what you will consider and for the recommendation that you will ultimately make.
2. Would your recommendation and rationale be different if Purcell is convicted of the armored car robber? Explain your answer and rationale.
3. Would your recommendation and rationale be different if Purcell had not yet retired as a police officer, but the law would allow you to take away Purcell's pension in such cases so that victims could be compensated. Again, however, there was no provision requiring such action. Explain your answer and rationale.