Shields v. Division of Retirement

I dissent.

Harmon Shields, Executive Director of the Department of Natural Resources, challenges the Retirement Commission’s order denying his application for inclusion in the “special risk” category.

The legislature, in its wisdom, enacted Section 121.021(15), Florida Statutes, which defines “special risk”, inter alia, as any law enforcement officer whose application is approved by the administrator (Director of the Division of Retirement) and who receives salary payments as a law enforcement officer if the duties are certified as hazardous by his employer. Our representative body that is…