State, Department of Administration, Division of Retirement v. Hissom

SMITH, Judge.

In the proceedings brought below by the Division of Retirement (Division) to terminate Hissom’s entitlement to disability retirement benefits, Section 121.-091(4)(e), Florida Statutes (1981), the State Retirement Commission (Commission) determined that the Division has the burden of proving that a retiree has regained the ability to render “useful and efficient service” in a “regularly established position” within the Florida Retirement System, and not merely that a retiree has the ability to engage in some form of employment outside the system. We agree with this inter*245pretation…