Post by RobertPost by PatBAs such, the present debate is not over whether these individuals can
legally endorse a candidate, but whether they should engage in
partisan activities. The conduct of Lieutenant General (retired)
Flynn, General (retired) Allen, and other retired officers seems to
comport with existing law. But law aside, whether their political
participation is perceived as appropriateby the public or by other
service membersremains an open question.
Very good, now you finally read some of it. How much I wouldn't know,
typically you read 1/10th or less of what you copy. But keep on going
on, there is a lot more, and some specifics also about the bad
conduct, some of which is directly related to you past actions here.
Sorry! EERRRRRCCCHHHHHHH!
You lose.
Next contestant please.
The discussion above was pertaining to general Flynn - who had lied to
the POTUS. And yet, he would never be prosecuted.
Bad Conduct?
Someone has fed you a bunch of shit.
he Herald-Tribune identified at least 455 ex-officers who collected or
are still collecting a pension despite losing their law enforcement
certificate.
Gandhi Lora is no longer a working officer, but the former Miami-Dade
cop still earns a state pension, which has paid him more than $500,000
since his law enforcement career ended in 2005.
The pension fund continues to pay him $7,200 each month - a decent
wage considering that Lora is a registered sex offender convicted of
possessing and promoting child pornography.
Every year, Floridas Criminal Justice Standards and Training
Commission takes the law enforcement certificates of hundreds of
officers, ending their careers. But just because an officer loses his
or her badge, it does not necessarily mean a loss of pension benefits.
Existing laws protecting pensions are so strong that it is difficult
to strip someone of their benefits, even if that person lost their job
and their freedom after a felony conviction.
In a computer analysis that matched records from the states 22,000
officer misconduct cases with its list of participants in the Florida
Retirement System, the Herald-Tribune identified at least 455
ex-officers who collected or are still collecting a pension despite
losing their law enforcement certificate. The offenses that resulted
in the loss of their certificate included assault, burglary, sex with
inmates, smuggling contraband into prisons and sex offenses involving
children.
+++++++++++++
MILITARY RETIREMENT OVERVIEW
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/Volume_07b.pdf
This section provides a general overview of the military retired pay
entitlement. Specific
details on eligibility, computation and payment are found in various
chapters of this volume.
A. Military retired pay is divided into three general categories:
retired pay for
regular service, retired pay for non-regular (reserve/guard) service,
and retired pay for physical
disability. With the exception of retirement for physical disability
and certain temporary
authorities for early retirement, a member must be credited with
completion of at least 20 years of
service in order to be eligible for retired/retainer pay. See Section
0102 for determining years of
service for retired/retainer pay eligibility.This section provides a
general overview of the military retired pay entitlement. Specific
details on eligibility, computation and payment are found in various
chapters of this volume.
A. Military retired pay is divided into three general categories:
retired pay for
regular service, retired pay for non-regular (reserve/guard) service,
and retired pay for physical
disability. With the exception of retirement for physical disability
and certain temporary
authorities for early retirement, a member must be credited with
completion of at least 20 years of
service in order to be eligible for retired/retainer pay. See Section
0102 for determining years of
service for retired/retainer pay eligibility.
A regular or reserve commissioned officer may voluntarily be
retired after completion of 20 years of active service, at least 10
years of which is active commissioned service.
+ Patrick was Regular., not reserve.
++++++++++++
INITIAL ENTITLEMENTS-RETIREMENTS
0101 MILITARY RETIREMENT OVERVIEW
010101 10 U.S.C. 1406, 1407, 1409
010102 10 U.S.C. 1406, 1407
010103 10 U.S.C. 1409
010103.B 10 U.S.C. 1401, Public Law 111-383, section 631
January 7, 2011
010105 Public Law 111-383, section 532
January 7, 2011
Public Law 102-484, section 4403
October 23, 1992
xxxxxxxxxxxx
Separation Pay. Separation Pay is a lump-sum payment to a member of
the Uniformed Services who is discharged involuntarily or released
from active duty and who does not qualify for retired pay. For more
information, see Volume 7A, Chapter 35.
+ You might ask matty how much they gave him....
xxxxxxxxxxxxxxxxx
050102. Withholding Retired Pay
Retired pay may be withheld or forfeited when the employment falls
under certain
categories of activities prohibited under conflict-of-interest laws.
050103. Forfeiture of Annuities and Retired Pay
Although violation of conflict-of-interest laws may result in the
imposition of criminal
penalties (including fines and imprisonment) or administrative fines
and sanctions, entitlement to
military retired pay is directly affected only in circumstances
provided under subparagraphs A and
B of this paragraph and section 0502 of this chapter.
A. A retired Regular officer is convicted of selling during any
period prior to
October 13, 1994. Selling, as an activity under the
conflict-of-interest laws, is prohibited during
any time prior to October 13, 1994 under Title 18, United States Code,
section 281(a) (18 U.S.C
281(a)). A retired Regular officer may not, during the 2-year period
following retirement,
represent any person in the sale of anything to DoD in which the
officer holds retired status. This
2BDoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 5
* July 2013
5-4
statute has been interpreted by the Department of Justice as
prohibiting a retired Regular officer
from representing any party other than himself or herself in
connection with a contract for the sale
of services or for the sale of supplies. Since an officer is
disqualified from holding any office, or
position of honor, trust, or profit of the United States (U.S.) as a
result of conviction, entitlement to
retired pay ceases.
Note: Title 18 U.S.C. 281(a) has been repealed.
B. The prohibition against selling has been broadly interpreted to
include
virtually all activities involved in the selling process and to apply
in any case reasonably within
the scope of the statute where the conduct at which it was directed
could arise.
kkkkkkkkkkkkkk
maybe this will help:
Entitlement to retired pay is directly affected when a retiree is
convicted of violating the Hiss Act, 5 U.S.C. 8311 8322.
*050202. Violation of 5 U.S.C. 8312
The receipt of retired pay by the retired member, or receipt of the
annuity by the retired members survivor or beneficiary is prohibited,
subject to certain exceptions described in section
8311(2) or (3) of title 5:
A. If a retired member is convicted of any crime as described in 5
U.S.C.
8312(b) after September 1, 1954, then payment is prohibited.
B. If a retired member is convicted of any crime as described in 5
U.S.C.
8312(c) after September 26, 1961, then payment is prohibited.
lllllllllllllllllll
Convictions Under Other Statutes
* A. An individual, or his or her survivor or beneficiary, may not be
paid
annuity or retired pay on the basis of the service of the individual
which is creditable toward the
annuity or retired pay, subject to the exceptions in 5 U.S.C. 8311(2)
and (3), if the individual
before, on, or after September 1, 1954:
1. Refuses, or knowingly and willfully fails to appear, testify, or
produce documents relating to his or her service as an employee,
before a Federal grand jury,
U. S. court, court-martial, or congressional committee, in a
proceeding concerning past or
present relationship with a foreign government; or a matter involving
or relating to a plan or
attempt to interfere with or endanger, the national security or
defense of the U. S., according to
5 U.S.C. 8314,
2. Knowingly and willfully makes false, fictitious, or fraudulent
statements or representations, concealing material facts concerning
his or her past or present
membership, affiliation, association with, or support of the Communist
Party, chapter, branch, or
subdivision, in or outside the U. S., or other organization, party, or
group advocating:
a. The overthrow, by force, violence, or other unconstitutional
means, of the Government of the United States; or
b. Establishment, by force, violence, or other unconstitutional
means, of a Communist totalitarian dictatorship in the United States;
or
c. The right to strike against the United States;
as stated in 5 U.S.C. 8315.
* B. The prohibition on payment of annuity or retired pay under
subparagraph
050203.A.1, applies to the period after the date of the failure or
refusal of the individual, or after
September 1, 1954, whichever is later.
C. Fines levied for convictions under other statutes may result in
debts to the
United States that may be collected in accordance with Chapter 28 of
this volume. However, they
do not affect a convicted members entitlement to receive retired pay.