§ 16-58. Forfeiture of pension.

(a) Any member who violates the provisions of F.S. § 112.3173, or who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of the member's admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this pension fund, except for the return of the member's accumulated contributions, with simple interest thereon at five (5) percent per annum. Specified offenses are as follows:

(1) The committing, aiding or abetting of felony embezzlement of public funds;

(2) The committing, aiding or abetting of any felony theft by a public officer or employee from employer;

(3) The committing of felony bribery in connection with the employment of a public officer or employee;

(4) Any felony specified in F.S. ch. 838;

(5) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he or she acts or in which he or she is employed, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of the member's public office or employment position.

(b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; or a plea of guilty or of nolo contendere. Conviction shall not include cases where the adjudication of guilt is withheld and the accused is placed on probation.

(c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present their case against forfeiture.

(d) Any member who has received benefits from the plan in excess of their accumulated contributions after their rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of their accumulated contributions, with simple interest thereon at five (5) percent. The board may implement all legal action necessary to recover such funds.

(Ord. No. 99-02, § 2, 5-4-99)