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Derek Chauvin could receive $1.5 million in pension even if he's convicted over George Floyd's death: Report

Chauvin has been charged with second-degree murder and is being held on a $1.25 million bond, but could still be eligible for pension per Minnesota state law
PUBLISHED JUN 12, 2020
Derek Chauvin (Ramsey County Sheriff's Office)
Derek Chauvin (Ramsey County Sheriff's Office)

The former Minneapolis Police officer accused of killing George Floyd could receive more than $1 million in pension benefits even if he's convicted, it has been reported.

Derek Chauvin, a 19-year veteran of the department, was fired from his position following national and international protests against police brutality and racial inequality in the wake of Floyd's Memorial Day death. In a video that has now been viewed millions of times, Chauvin could be seen kneeling on Floyd's neck for almost nine minutes as the 46-year-old truck driver pleaded for his life and gasped, "I can't breathe." He has since seen his initial third-degree murder charges upgraded to second-degree murder and his bail amount increased to $1.25 million but still stands to benefit from a pension partially funded by taxpayers, as per state law.

Derek Chauvin could receive his pension even if he's convicted in Floyd's death (YouTube) 

CNN reported that, while there are states where laws allow for the forfeiture of pensions for employees convicted of felony crimes related to their work, Minnesota is not one of these states. The Minnesota Public Employees Retirement Association confirmed to the network that a now 44-year-old Chauvin would remain eligible for his pension as early as the age of 50. Retirement plan officials explained that employees terminated, either voluntarily or for cause, are still eligible for future benefits and will receive a refund of all the contributions they made during their employment. Asked about Chauvin, a spokesperson for the association said their board and staff do not have the "discretion to increase, decrease, deny or revoke benefits" and that "any changes to current law would need to be done through the legislative process."

While it is unclear how much Chauvin will receive as a part of his pension, an analysis based on his tenure, 2019 payroll data, contract details, pension plan guidance, and Minneapolis Police Department salary schedules suggested he could cash in $55,000 a year if he starts getting the benefits from the age of 55. This means that the benefits could cross the $1.5 million mark over 30 years, a figure that could be even higher if he clocked significant amounts of overtime during his employment.

Thomas Kiernan Lane (left) and J. Alexander Kueng (right) won't be eligible for a pension, but Tou Thao (middle) will (Hennepin County Sheriff's Office)

The laws around whether pensions can be taken away from police accused or convicted of misconduct vary in different states, of which less than half allow for pensions to be stripped from officers convicted of any felony.

Some allow pensions to be taken away for specific crimes like corruption and sexual crimes against minors but not for a conviction for using excessive force, as is Chauvin's case. Two of the officers charged in Floyd's death, J. Alexander Kueng and Thomas Lane, are rookies and will not be eligible, but the same cannot be said of Tou Thao, another veteran of the force.

During his employment as a police officer, Thou has had six separate unspecified police conduct complaints filed against him, five of which were closed without discipline. He, along with another officer, was also the subject of a 2017 police brutality lawsuit where the plaintiff alleged that Thou beat him and broke his teeth while he was handcuffed. That particular case ended with the city of Minneapolis paying $25,000 to settle, but still won't affect his pension.

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