CHILDERS v. STATE, DEPT. OF MGMT. SERVICES, DIV. OF RETIREMENT

No. 4D07-4230.

989 So.2d 716 (2008)

W.D. CHILDERS, Appellant, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee.

District Court of Appeal of Florida, Fourth District.

August 27, 2008.


Attorney(s) appearing for the Case

H. Michael Muniz and I. Jeffrey Pheterson of Buckingham, Doolittle & Burroughs, LLP, Boca Raton, for appellant.

Geoffrey M. Christian, Assistant Attorney General, Tallahassee, for appellee.


MAY, J.

The extent to which a state pension can be forfeited because of a criminal conviction is challenged in this appeal. A former state employee appeals a final agency order forfeiting his pension based upon his conviction for bribery and receipt of unlawful compensation or reward for official behavior. He challenges the forfeiture of the full amount of his pension. He argues that the statute is unconstitutional as applied to that part of the pension that accrued...

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