Former Officer Derek Chauvin Can Still Receive $1 Million Pension, Even If Convicted Of Murder

The fact that former Minneapolis police officer Derek Chauvin, 44, is still entitled to his pension of over $1 million regardless if he’s convicted of killing George Floyd is mind-blowing and suggests a need for reform of police pensions.

Chauvin may be the most despised man in America after footage showed him kneeling his knee into Floyd’s neck for almost nine minutes, disregarding Floyd’s pleas that he couldn’t breathe. American’s were outraged over the unnecessary use of force that eventually killed Floyd. Chauvin and the other three responding officers were fired from the police department after their statements contradicted the viral footage. The delay in the arrest of the four officers sparked protests in support of black lives and the end of police brutality. 

Chauvin’s pension–which is funded by taxpayers, investment returns, and his own contributions, is guaranteed to him. Unlike other states that forfeit employee pensions for felony crimes, that is not the case in Minnesota. Chauvin is eligible to receive the unspecified amount when he turns 50, only six years away.

According to the Minnesota Public Employees Retirement Association, unless the employee chooses to give up their future benefits and receive a refund for what they contributed, they are eligible to receive their pension regardless of termination. “Neither our Board nor our staff has the discretion to increase, decrease, deny or revoke benefits,” a spokeswoman for the association told CNN. “Any changes to current law would need to be done through the legislative process.”

Based on Chauvin’s tenure, he may get annual payments in the range of $50,000. It’s possible he can get more if he chooses to receive the retirement funds when he is 55 or older, a CNN analyst suggests after analyzing the 2019 payroll data, the police department’s salary schedule, and a few other factors that weighed in. 

If that’s the case, Chauvin could get $1.5 million over a 30-year period, which does not include the cost of living increases. But hopefully, Chauvin will be in jail and can’t benefit from his pension or get an increase since prison will be free for him. 

The other two officers involved that day were rookies, but the third officer is also eligible for his pension. The police department did not return CNN’s requests for comments regarding his employment terms. 

Public pensions are a favored form of retirement plans because they are often generous payouts and help local and state budgets increase. But in cases like Chauvin, where people would like to see his pension taken as one of many forms of punishment, it is highly unlikely and hard to make happen. ⠀⠀⠀⠀⠀⠀⠀⠀⠀

According to CNN, pensions are promised to public employees through contracts and are often protected by police unions. But now that Chauvin has brought attention to promised pensions, it’s likely protesters will call on leaders to make changes in this area as well.

Less than 25 states have laws that allow pensions to be taken from police who are convicted of felonies during their career. Some of those states have specific crimes such as corruption or sexual assault against minors. Notably, none are for the use of excessive force. 

“Pension forfeiture for misconduct is pretty rare,” said D. Bruce Johnsen, a law professor at George Mason University and one of the authors of the research. “With this terrible tragedy it might be a good time to push in this direction.”