Legal Opinion

Garay v. Department of Management Services, Division of Retirement

District Court of Appeal of Florida

Decided November 17, 2010No. 1D09-4865PublishedCited by 4 opinions

1Per curiam

Carlos Garay argues on appeal that the Department of Management Services, Division of Retirement (FRS), improperly required forfeiture of retirement benefits he had already received. We affirm.

Mr. Garay was employed by the Miami-Dade County Department of Human Services from July 1990 until October 2002, when he retired and began receiving FRS benefits. On or about April 16, 2008, Mr. Garay pled guilty to, and was adjudged guilty of, four crimes which involved altering agency records and diverting funds for his own use. The crimes were committed while Mr. Garay was still employed by the…

2Cases cited5 opinions

  1. Kerner v. State Employees' Retirement System of IllinoisIllinois Supreme Court · 1978
  2. Horsley v. Philadelphia Board of Pensions & RetirementSupreme Court of Pennsylvania · 1988
  3. Busbee v. StateDistrict Court of Appeal of Florida · 1996
  4. Hames v. City of MiamiDistrict Court, S.D. Florida · 2007
  5. William Hames v. City of MiamiCourt of Appeals for the Eleventh Circuit · 2008

3Cited by4 opinions

  1. Garay v. Department of Management ServicesSupreme Court of the United States · 2011
  2. Wilmot v. Contra Costa Cnty. Employees' Ret. Ass'n, California Court of Appeal, 5th District2018
  3. Wilmot v. Contra Costa County Employee's Retirement AssociationCalifornia Court of Appeal · 2021
  4. Wilmot v. Contra Costa County Employees' Retirement Assn.California Court of Appeal · 2018

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