Depends on the circumstances, the findings of the IA investigation, and the provisions of the pension plan his particular union has worked out.
2007-02-28 06:47:57
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answer #1
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answered by MOM KNOWS EVERYTHING 7
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Because it was determined to be an "accidental death" there is most likely every reason that the officer will receive his pension.
Had there been foul play involved, he most certainly would have been immediately terminated with the strongest possibility of being charged for negligence!
2007-02-28 14:49:29
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answer #2
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answered by KC V ™ 7
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If it's an accidental shooting, there's nothing to say that the Officer will be terminated. If there were NEGLIGENCE, that's a different matter.
2007-02-28 14:55:16
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answer #3
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answered by Anonymous
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Sorry to hear about this I hope it was not an incident involving you.
In California we have "CALPERS" , it is a retirment benefits system for all state or city employees.
Many States have organizations just like CALPERS.
In CALPERS, an Officer can apply for many types of retirements(pension) benefits. In Calpers, an officer must be employed 5 full years to obtain or even apply for a "service retirement". A service retirement is a basic retirement that is a benefit for the officer working from 5 to 30 years; the amount of paid benefits they recieve is based on how many years they worked.
The other retirment is the "Medical retirement" an officer can work one second on the job and be injured so badly they cannot return to work; and yes, it happens as I have seen it. They can retire medically with pay if the retirement is Medical; they need not work any lenghth of time as a cop.
If I were the officer who accidently shot another officer I'd feel terrible, and very stressed out. If this shooting occured on the job or to or from the job the officer can apply for a medical retirement in the event the officer feels phsychologically injured to the point her could never return to work or it would be a Very Long time before he ever could work as a cop again; the benefit is earned for being a cop and is a matter of law, not the powers that be.
In this case it appears the cop who shot the other cop is in trouble, maybe the district attorney may prosecute them, maybe not, I dunno. I can say they have this right to file for the retirement; however, I will tell you from experience, If your department hates you, it makes it difficult, but not impossible to obtained medical retirement benefits.
Police Medical retirment benefits in Calpers is tax free; they pay you 1/2 your pay for life tax free which equals about 73% of whatever you were making with 2% increases annualy as a cola or cost of living adjustment.
Your going to hit some roadblocks and workers compensation adjusters are it; they are the worse, low-life forms of people in the insurance business as they think everyone is a fruad....everyone....
In the event the officer who shot the other files for medical stress retirement, a workers comp claim is automatic as they must treat that officer as well as the one who got shot ; however, while Calpers works on the retirement application (6 or more months) workers comp will send the officer to a shrink of there choice; they are known as "Whores" in the business as they are paid to form a bullshit opinion as to how the officer was injured; they come up with pure crap and smile when they dish it out...been there done that...
the officer who filed the retirment must then get a workers comp attorney (free in California as they work off percentages) and then line up his Doctors reports saying he/she is injured and it is work related and this is how it happened.
If all goes well, the stressed cop can obtain a medical retirement from Calpers and collect his benefits (yes, workers comp must pay bucks) and move on. If it does not go well, and workers comp fails to settle and pay tyhe cliam, he/she will litigate in court the claim and the judge will say whether they get the benefits or not; again, Calpers is SEPARATE yet, Calpers communicates closely with the Whore Doctors at workers comp as well as workers comp.
In this case, the cop shot a friend, a huge mistake, they happen and I have seen and even participated in accidental discharges as a cop as I am a retire one myself; all I can say is such a claim hold water in the event it was on the job .
Being remorseful and applying for retirment benefits are Separate issues so don't mixe them up. The cop who shot this guy screwed up, but need not go to the poor house because of it.
Look in the yellow pages under attorneys, workers compensation. Do Not do anything absent an Attorney.
Good luck
2007-02-28 17:05:18
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answer #4
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answered by Adonai 5
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Not necessarily will he be terminated. It would depend on the circumstances. An accident is an accident. It would be very tragic, but I don't think the officer should lose his pension.
2007-02-28 14:48:32
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answer #5
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answered by mojojo66 3
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