The former Minneapolis police officer who was seen pressing his knee into the neck of George Floyd for almost nine minutes before he died...
The former Minneapolis police officer who was seen pressing his knee into the neck of George Floyd for almost nine minutes before he died could receive more than $1million in pension benefits even if he is convicted in court.
Derek Chauvin, 44, faces charges of second-degree murder and second-degree manslaughter for Floyd’s death.
He kept his knee on Floyd’s neck even as the 46-year-old black man begged him to let up so that he could breathe.
After Floyd’s death, Chauvin was fired by the Minneapolis Police Department. It took authorities four days to arrest and charge him amid intense pressure.
Derek Chauvin, 44, faces second-degree murder and second-degree manslaughter charges in the death of George Floyd
Chauvin knelt on the neck of George Floyd, a 46-year-old black man, for some nine minutes before he died in police custody on May 25
Even if Chauvin is convicted and sentenced to prison for Floyd’s death, he could still collect pension payments if he decided to apply for retirement benefits after the age of 50, according to CNN.
Some states do have pension forfeiture laws which allow for benefits to be denied to any public employee who is convicted of a serious crime. Minnesota, however, is not one of them.
Minnesota state law protects the pensions of public safety employees – even in cases of termination.
Chauvin could decide to forego his pension by requesting a refund of his employer contributions, which would be paid out in a lump sum.
But there is no legal mechanism by which Chauvin could have his pension denied, according to the Minnesota Public Employees Retirement Association.
‘Neither our Board nor our staff have the discretion to increase, decrease, deny or revoke benefits,’ a PERA spokeswoman told CNN.
Tou Thao (above), 34, amassed 10 years of service with the Minneapolis Police Department. He is also eligible to receive pension benefits
‘Any changes to current law would need to be done through the legislative process.’
According to the terms governing the PERA’s police and fire fund, employees contribute nearly 12 per cent of their total salaries while the employers – in this case, state taxpayers – contribute slightly more – some 16 per cent.
Those funds also accrue interest and gains from investments.
PERA calculates the benefits by taking into account a person’s age; the average salary during the five-year period in which the employee was paid his highest wage, also known as the ‘high five’ period; and years of credited service.
Chauvin's pension is determined by multiplying 3 per cent by the total years of his service - 19.
That number would then be multiplied by his average wage during his 'high five' period.
If Chauvin filed for retirement after he turns 55, he would be eligible to receive annual payments of around $50,000, according to CNN.
That means that over a 30-year period, Chauvin could receive at least $1.5million, though this would not include any cost of living increases.
The payments could be even higher if Chauvin accumulated significant overtime.
Three other former Minneapolis police officers have also been charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
Tou Thao, who has amassed some 10 years of service on the force, could also be eligible to receive pension benefits.
The 34-year-old officer is seen in video telling bystanders to keep their distance while Floyd was being suffocated by Chauvin.
Thao completed police academy in 2009 and was laid off for two years before returning to the Minneapolis Police Department in 2012.
It is unclear how much pension money Thao would be eligible for upon retirement.
The other two officers arrested in connection with Floyd's death are rookies.
Thomas Lane, 37, posted cash bail and was released from jail on Wednesday afternoon.
Authorities said Lane initially took Floyd into custody. He is also said to have held down Floyd’s legs while Chauvin knelt on his neck.
Lane’s next court hearing is scheduled for June 29. His lawyer says he is planning to file a motion to dismiss the charges.
J Alexander Kueng faces the same charges as Lang.
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