Sec. 121.304 - Forfeiture, disqualification and recovery of pension benefits for frauds committed on or to the Police and Fire Pension Fund and for other acts which could result in the loss of City pension benefits.

(a) Any Member, Qualified Member or Beneficiary of the Police and Fire Pension Fund who: (1) Is found guilty by verdict of a jury; or (2) Is found guilty by a court trying the case without a jury, or (3) Entered a plea of guilty or nolo contendere, regardless of whether the Member is adjudicated guilty; or (4) Has been found administratively to be guilty by the Police and Fire Pension Fund Board of Trustees after an administrative hearing; of committing a fraud on or to the Pension Fund, or aiding or abetting the commission of any fraud on or to the Pension Fund, shall forfeit or be disqualified from all benefits provided by the Pension Fund and shall be required to reimburse the Pension Fund for any funds or benefits wrongfully received. (b) In furtherance of the purposes of subsection (a)(4) of this Section, the Pension Fund's Administrator is empowered to investigate any perceived fraud upon the Pension Fund, and the Board is empowered to conduct such administrative hearings as are appropriate to determine if fraud has been perpetrated upon the Pension Fund as provided in subsection (a)(4) of this Section, or if the circumstances described in subsections (a)(1), (2), and (3) of this Section, apply to any Member or Beneficiary. (c) Any administrative hearing conducted in furtherance of the purposes of subsections (a) and (b) of this Section shall be conducted in accordance with generally accepted rules of administrative procedure and with due regard for the due process rights of the Member or Beneficiary. Any determination by the Board to impose a forfeiture upon, or to disqualify the Member or Beneficiary from benefits, or finding that the Member or Beneficiary is indebted to the Pension Fund for any funds or benefits wrongfully received, shall be supported by the greater weight of the evidence and by written findings of facts and conclusions of law. Any decision of the Board resulting in a forfeiture of, or disqualification from benefits, or finding that the Member or Beneficiary is indebted to the Pension Fund for any funds or benefits wrongfully received, shall be subject to review by petition for common law certiorari to the Circuit Court of the Fourth Judicial Circuit. Any decision of the Board finding that as a result of a fraud perpetrated upon the Pension Fund, a Member or Beneficiary is indebted to the Pension Fund in a specified sum may be enforced through a civil action in the Circuit Court of the Fourth Judicial Circuit. (d) For the purpose of this Section, the term "Member" shall refer to an active, contributing Member of the Police or Fire Departments who is accumulating benefits; the term "Qualified Member" shall refer to an active employee who has elected to participate in the Deferred Retirement Option Program and the term "Beneficiary" shall refer to any retired Member, surviving spouse, minor child or other person permitted by law to receive benefits under the fund. (e) Violations under F.S. § 112.3173, felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits. (1) Definitions. As used in this subsection, unless context otherwise requires, the term: (i) Conviction and convicted mean an adjudication of guilt by a court of competent jurisdiction; and 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. (ii) Court means 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. (iii) Public officer or employee means an officer or employee of the City of Jacksonville who is a Member of the Fund. (iv) Public retirement system means the Jacksonville Police and Fire Pension Fund. (v) Specified offense means: (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 his or her employer; (C) Bribery in connection with the employment of a public officer or employee; (D) Any felony specified in Chapter 838, except Sections 838.15 and 838.16; (E) 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 the public officer or employee 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. (2) Forfeiture. Any public officer or employee who is convicted of a specific offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination. (Ord. 91-1018-370, § 1; Ord. 97-340-E, § 6; Ord. 97-1103-E, § 4; Ord. 2006-947-E, § 7; Ord. 2017-259-E , § 1)