§ 11-41-31 Pension revocation. – (a) Notwithstanding any law to the contrary, any person who is convicted orpleads guilty or nolo contendere to any offense, and the offense is related tohis or her public office of employment pursuant to § 36-10.1-2, the judge,as part of any sentence imposed, may revoke or reduce any retirement or anybenefit or payment to which the public official or public employee is otherwiseentitled under titles 36, 16, 45, and 8, under chapter 30 of title 28, underchapter 43 of title 31 or under chapter 28 of title 42.
(b) In determining whether the retirement or other benefitshall be revoked or reduced the court shall consider and make a finding on thefollowing 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 pleaded guiltyor nolo 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 other factors that, in the judgment of the superiorcourt, justice may require.
(2) 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 status of the pension as marital property and thefinancial needs and resources of any innocent spouse, dependent and/ordesignated beneficiaries of the public official or public employee, order thatsome or all of the revoked or reduced benefits or payments be paid to anyinnocent spouse, dependent or beneficiary as justice may require.
(3) If the court determines that the retirement or otherbenefits or payments of a public official or public employee should not berevoked or reduced under this chapter, it shall order that the retirement orother benefits or payments be made to the public official or public employee.
(c) Prior to revoking or reducing the benefit, the courtshall order a pre-sentence report pursuant to § 12-19-6.
(d) Nothing in this section shall be construed to prohibit aninnocent party from notifying the court by motion of an interest in the pensionbenefit.
(e) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for atleast one year at the time of death; and
(5) Partners were financially interdependent as evidenced byat least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.
§ 11-41-31 Pension revocation. – (a) Notwithstanding any law to the contrary, any person who is convicted orpleads guilty or nolo contendere to any offense, and the offense is related tohis or her public office of employment pursuant to § 36-10.1-2, the judge,as part of any sentence imposed, may revoke or reduce any retirement or anybenefit or payment to which the public official or public employee is otherwiseentitled under titles 36, 16, 45, and 8, under chapter 30 of title 28, underchapter 43 of title 31 or under chapter 28 of title 42.
(b) In determining whether the retirement or other benefitshall be revoked or reduced the court shall consider and make a finding on thefollowing 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 pleaded guiltyor nolo 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 other factors that, in the judgment of the superiorcourt, justice may require.
(2) 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 status of the pension as marital property and thefinancial needs and resources of any innocent spouse, dependent and/ordesignated beneficiaries of the public official or public employee, order thatsome or all of the revoked or reduced benefits or payments be paid to anyinnocent spouse, dependent or beneficiary as justice may require.
(3) If the court determines that the retirement or otherbenefits or payments of a public official or public employee should not berevoked or reduced under this chapter, it shall order that the retirement orother benefits or payments be made to the public official or public employee.
(c) Prior to revoking or reducing the benefit, the courtshall order a pre-sentence report pursuant to § 12-19-6.
(d) Nothing in this section shall be construed to prohibit aninnocent party from notifying the court by motion of an interest in the pensionbenefit.
(e) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for atleast one year at the time of death; and
(5) Partners were financially interdependent as evidenced byat least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.
§ 11-41-31 Pension revocation. – (a) Notwithstanding any law to the contrary, any person who is convicted orpleads guilty or nolo contendere to any offense, and the offense is related tohis or her public office of employment pursuant to § 36-10.1-2, the judge,as part of any sentence imposed, may revoke or reduce any retirement or anybenefit or payment to which the public official or public employee is otherwiseentitled under titles 36, 16, 45, and 8, under chapter 30 of title 28, underchapter 43 of title 31 or under chapter 28 of title 42.
(b) In determining whether the retirement or other benefitshall be revoked or reduced the court shall consider and make a finding on thefollowing 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 pleaded guiltyor nolo 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 other factors that, in the judgment of the superiorcourt, justice may require.
(2) 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 status of the pension as marital property and thefinancial needs and resources of any innocent spouse, dependent and/ordesignated beneficiaries of the public official or public employee, order thatsome or all of the revoked or reduced benefits or payments be paid to anyinnocent spouse, dependent or beneficiary as justice may require.
(3) If the court determines that the retirement or otherbenefits or payments of a public official or public employee should not berevoked or reduced under this chapter, it shall order that the retirement orother benefits or payments be made to the public official or public employee.
(c) Prior to revoking or reducing the benefit, the courtshall order a pre-sentence report pursuant to § 12-19-6.
(d) Nothing in this section shall be construed to prohibit aninnocent party from notifying the court by motion of an interest in the pensionbenefit.
(e) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for atleast one year at the time of death; and
(5) Partners were financially interdependent as evidenced byat least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.
