(A) Any member who is convicted of the following specified offenses committed prior to retirement, or whose employment is terminated by reason of his or her 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 or her accumulated contributions as of the date of termination. Specified offenses are as follows:
(1) The committing, aiding or abetting of an embezzlement of public funds;
(2) The committing, aiding or abetting of any theft by a public officer or employee from his or her employer;
(3) Bribery in connection with the employment of a public officer or employee;
(4) Any felony specified in F.S. Ch. 838, except §§ 838.15 and 838.16;
(5) The committing of an impeachable offense;
(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 or she acts or in which he or she is employed of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or 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 his or her public office or employment position.
(B) CONVICTION shall be defined as an adjudication of guilt by a court; a plea of guilty or of 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.
(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.
(D) Whenever the Board has reason to believe that the rights and privileges of a member under the system are required to be forfeited, the Board shall give notice and hold a hearing in accordance with F.S. Ch. 120 for the purpose of determining whether such rights and privileges are required to be forfeited.
(E) Any member who has received benefits from the system in excess of his or her accumulated contributions shall be required to pay back to the Fund the amount of the benefits received in excess of his or her accumulated contributions. The Board may implement all legal action necessary to recover such funds.
(Ord. 2010-30, passed 7-21-10)