He very well may have screwed himself when he stole the police car. Either way his partial pension is not a given. It will all be decided in due course.


43:1-3.1. Forfeiture of pension, retirement benefit for conviction of certain crimes; definition, certain.

2. a. A person who holds or has held any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, who is convicted of any crime set forth in subsection b. of this section, or of a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State, which crime or offense involves or touches such office, position or employment, shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which he participated at the time of the commission of the offense and which covered the office, position or employment involved in the offense. As used in this section, a crime or offense that "involves or touches such office, position or employment" means that the crime or offense was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person.

b. Subsection a. of this section applies to a conviction of any of the following crimes:

(1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;

(2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;

(3) Subsection d. of N.J.S.2C:20-5, theft by extortion;

(4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;

(5) N.J.S.2C:21-10, commercial bribery;

(6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;

(7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;

(8) N.J.S.2C:27-2, bribery in official matters;

(9) N.J.S.2C:27-3, threats and other improper influence in official and political matters;

(10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;

(11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;

(12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;

(13) N.J.S.2C:28-1, perjury;

(14) N.J.S.2C:28-5, tampering with witnesses;

(15) N.J.S.2C:28-7, tampering with public records or information;

(16) N.J.S.2C:29-4, compounding;

(17) N.J.S.2C:30-2, official misconduct;

(18) N.J.S.2C:30-3, speculating or wagering on official action or information; or

(19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct.

c. A court of this State shall enter an order of pension forfeiture pursuant to this section:

(1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered in any court of this State unless the court, for good cause shown, orders a stay of the pension forfeiture pending a hearing on the merits at the time of sentencing; or

(2) Upon application of the county prosecutor or the Attorney General, when the pension forfeiture is based upon a conviction of an offense under the laws of another state or of the United States. An order of pension forfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense.

d. No court shall grant a stay of an order of pension forfeiture pending appeal of a conviction or pension forfeiture order unless the court is clearly convinced that there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of pension forfeiture be overturned, his pension rights and benefits shall be restored from the date of pension forfeiture.

e. Nothing in this section shall be deemed to preclude the authority of the board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State from ordering the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service pursuant to the provisions of P.L.1995, c.408 (C.43:1-3 et seq.), including in a case where the court does not enter an order of forfeiture pursuant to this section.

L.2007, c.49, s.2.

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That's not how it works. He can keep the pension earned up to the incident, unless his service prior to the incident was not "honorable." He earned his pension under the law and it can't be taken away.

New Jersey. New Jersey expressly conditions receipt of a pension on the rendering of honorable service. It provides that state and local pension boards may order an employee or officer to forfeit all or part of his pension for misconduct that occurred during his public service that renders the service dishonorable. It specifies the factors that the retirement board must consider in making its decision, which include the nature of the misconduct and the member's length of service (N.J. Rev. Stat. 43:1-3). We found no cases challenging this law on constitutional grounds.

Before New Jersey adopted this law, its Supreme Court had approved reductions in pension benefits for state and municipal employees who had engaged in criminal activities on the job, since pensions were by law granted for ?honorable? service (Uricoli v. Board of Trustees, Police and Firemen's Retirement System, 449 A 2d. 1267 (N.J. 1982)).

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More like reduced pension. If convicted, Kallert will keep his earned pension up until the time of the crime.

If convicted:

1. Fired from JCPD
2. Loss of drivers license
3. Fined or imprisonment (vehicle theft and shooting offence)
4. Loss of pension / benefits

I have no sympathy for this ass and I doubt this was a one-off situation. As a law enforcement officer, you are well aware of the consequences.

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Then you must have been fortunate enough to never have had to live in the wake of someone's suicide...there is more grief, more guilt, more, how did you write, harm to others, than you can ever imagine.

Sometimes the blinding lack of humanity on this list is staggering to me.

From the JJ comments?

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It is if you are in a position to do harm to others, family included. It's better for the greater good, to kill yourself than to cause harm to others.

This guy had to be close to retirement. He may have thrown his entire pension away. Alcohol really brings out the dope in people.

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Suicide is not a service to anyone especially their family.

What would have been really entertaining is if he placed the barrel of the gun in his mouth before firing. This would have been a true public service.

1. Taking a drunk away from the wheel of a car
2. Taking a car thief off the streets
3. Proctecting the public
4. Making sure this drunkin bum is not in a position of authority.

It's entertaining because a police officer took a vehicle while he was off duty, got hammered, and then started firing his gun.

That's entertainment.

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I can see how incredible it may be seeing that this doesn't happen often or hardly at all, but entertaining ?? I don't get it how is this news entertaining ?

Incredible story.

Very entertaining.

Off-duty Jersey City police detective charged with DWI in an unmarked police vehicle

By Michaelangelo Conte/The Jersey Journal
on July 04, 2013 at 4:00 PM,
updated July 04, 2013 at 9:11 PM

An off-duty Jersey City police detective has been charged with drunk driving following an incident in which he allegedly fired his service weapon while inside a police vehicle he was not authorized to have while off-duty, an official said today.

?My administration is going to have a zero tolerance policy for this kind of conduct and we will pursue all possible charges in this situation with zero leniency, including theft of government property and official misconduct,? Jersey City Mayor Steven M. Fulop said in a statement.

Detective William Kallert was arrested this morning after officers responded to Kennedy Boulevard and Lake Street at 3 a.m. on a report of a vehicle blocking the roadway and found Kallert in the vehicle, city spokeswoman Jennifer Morrill said this afternoon.

Full JJ piece?

http://www.nj.com/hudson/index.ssf/20 ... ice_car.html#incart_river