It is common for any educator (teacher, administrator, paraprofessional, etc.) to wonder how certification discipline, a criminal charge, or an accusation of misconduct can affect their accrued retirement benefits. Any educator participating in the Florida Retirement System (FRS) can face an action to forfeit their retirement benefits if they are accused of a specified criminal act or enter a plea of guilty or no contest regardless of whether adjudication is withheld.
An educator is accused or enters a plea to a specified criminal act:
An FRS educator accused of job-related misconduct may or may not receive a notice of forfeiture letter from the State Board of Administration of Florida. An experienced education lawyer will fully explain to you what conduct could result in the forfeiture of your FRS benefits, and how to fight this action.
Generally, an educator’s FRS benefits could be forfeited for any of the following job-related felony offenses:
Committing, aiding, or abetting an embezzlement of public funds or any grand theft from his/her employer
Committing bribery in connection with his/her employment
Committing any other felony specified in chapter 838, Fla. Stat. (bribery and misuse of public office), except sections 838.15 and 838.16, Fla. Stat. (commercial bribes)
Committing any felony with intent to defraud the public or his/her employer of the right to receive the faithful performance of duty, or receiving or attempting to receive profit or advantage for the member or another person through the use of his/her position
Committing an impeachable offense (applies to elected officials only)
Being convicted of committing a felony as defined in section 800.04, Fla. Stat., against a victim younger than 16, or any felony defined in chapter 794, Fla. Stat., against a victim younger than 18.
An educator must meet one of the following requirements for his/her FRS account to be forfeited:
Educator is found guilty;
Educator enters a plea of guilty or nolo contendere; OR
Educator’s employment is terminated because of an admission to committing, aiding, or abetting a specified crime.
Fighting the forfeiture of your FRS benefits
It is imperative you contact an education lawyer with experience handling cases involving FRS forfeiture of teachers, administrators, paraprofessionals, and other Florida educators. There are means to appeal a forfeiture; however, you must timely appeal the decision.
If the educator timely files an appeal of forfeiture, the case can typically be transferred to the Division of Administrative Hearings for the assignment of an administrative law judge where a formal evidentiary hearing will take place. Ultimately, the administrative law judge will render a recommended order. The educator has the option of filing exceptions to the recommended order. An experienced education lawyer can explain other available means to appeal a forfeiture of FRS benefits.
This article is a very brief overview of FRS forfeiture as it pertains to Florida educators. There are many other nuances and defenses that will be discussed. This article is not meant to be relied upon as legal advice. Please seek our experienced education attorneys for the most relevant information based upon your unique circumstance.
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