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Sec. 23-96. Forfeiture of
pension. |
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(a)
Any member 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 system,
except for the return of his accumulated contributions, but without
interest, as of the date of termination. Specified offenses are as
follows:
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(1)
The committing, aiding or abetting of an embezzlement of public
funds;
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(2)
The committing, aiding or abetting of any theft by a public
officer or employee from employer;
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(3)
Bribery in connection with the employment of a public officer or
employee;
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(4)
Any felony specified in F.S. Ch. 838.
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(5)
The committing of an impeachable offense.
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(6)
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.
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(b)
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 Florida Senate of an
impeachable offense.
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(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 his case against forfeiture.
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(d)
Any member who has received benefits from the system in excess of
his accumulated contributions after member's rights were forfeited shall
be required to pay back to the fund the amount of the benefits received
in excess of his accumulated contributions, but without interest. The
board may implement all legal action necessary to recover such funds.
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(Ord. No. 95-45, § 1, 9-26-95; Ord. No.
2000-27, §§ 15, 19, 4-11-00) |
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