Persis v. Department of Management Services

Appellant, Carl Persis, challenges final agency action of the Department of Management Services, Division of Retirement (“the Division”), denying his request to be paid his retirement benefits from a non-elected position while still serving in an elected office. The issue in this case is whether Appellant’s rights in his pension had vested prior to a change in the law. Concluding that Appellant’s rights were vested, we reverse.

Appellant began employment with the Volusia County School Board, a participating Florida Retirement System (“FRS”) employer, in 1975. While still employed by the school…