Legal Opinion

Rivera v. Board of Trustees of the City of Tampa's General Employment Retirement Fund

District Court of Appeal of Florida

Decided February 26, 2016No. 2D15-1382Published

1Opinion of the Court

WALLACE, Judge.

Demetrio Rivera challenges a final order of the Board of Trustees of the City of Tampa’s General Employment Retirement Fund (the Board) that forfeited his retirement benefits. Because the proof of one of the critical elements underlying the for feiture order is based entirely on hearsay evidence and, therefore, the forfeiture order is not supported by competent, substantial evidence, we reverse.

I.THE FACTUAL AND PROCEDURAL BACKGROUND

Mr. Rivera was employed by the City of Tampa for many years and had earned benefits under the City’s retirement plan. In January 2015, the Board…

2Cases cited16 opinions

  1. Harris v. GAME AND FRESH WATER FISHDistrict Court of Appeal of Florida · 1986
  2. Yost v. UNEMPLOYMENT APPEALS COM'NDistrict Court of Appeal of Florida · 2003
  3. Carter v. StateDistrict Court of Appeal of Florida · 2007
  4. Kelly v. DEPT. OF H & R SERVICESDistrict Court of Appeal of Florida · 1992
  5. Newmans v. State, Div. of RetirementDistrict Court of Appeal of Florida · 1997

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