§ 54-64. Forfeiture of pension.

(a)

Forfeiture of pension.

(1)

Any participant who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this plan, except for the return of his contributions as of the date of termination. Specified offenses are as follows:

a.

The committing, aiding or abetting of an embezzlement of public funds;

b.

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

c.

Bribery in connection with the employment of a public officer or employee;

d.

Any felony specified in F.S. ch. 838;

e.

The committing of an impeachable offense;

f.

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 acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position.

(2)

Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty; when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the senate of an impeachable offense.

(3)

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 of trustees shall hold a hearing on which notice shall be given to the participant whose benefits are being considered for forfeiture. Said participant shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the participant shall be afforded a full opportunity to present his case against forfeiture.

(4)

Any participant who has received benefits from the plan in excess of his contributions after the participant's rights were forfeited shall be required to pay back to the plan the amount of the benefits received in excess of his contributions. The board of trustees may implement all legal action necessary to recover such funds.

(b)

Conviction and forfeiture; false, misleading or fraudulent statements.

(1)

It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the plan.

(2)

A person who violates subsection (b)(1) of this section commits a misdemeanor of the first degree punishable as provided in F.S. §§ 775.082 or 775.083.

(3)

In addition to any applicable criminal penalty, upon conviction for a violation described in subsection (b)(1) of this section, a participant or beneficiary of the plan may, in the discretion of the board of trustees, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the plan. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

(Ord. No. 901-B, § 8, 5-23-2000)