§ 606. Forfeiture of benefits.

A.

Pursuant to the provisions of 11 O.S. Supp. 2012, § 1-110, as amended, a Participant, upon final conviction of, or pleading guilty or nolo contendere to, a felony for bribery, corruption, forgery or perjury or any other crime related to the duties of his or her employment in a state or federal court of competent jurisdiction shall forfeit the benefits provided by the Plan. The forfeiture of retirement benefits shall not occur if any such Participant received a deferred sentence, but retirement benefits shall not commence prior to completion of the deferred sentence. The forfeiture of retirement benefits required by this section shall not include the Participant's contributions to the Plan or Plan benefits that were vested as of August 26, 2011, the effective date of 11 O.S. Supp. 2012 § 1-110.

B.

The forfeiture of Plan benefits as provided by Subsection A of this section shall also apply to any such Participant who, after leaving his or her employment, is convicted of, or pleads guilty or nolo contendere to, in a state or federal court of competent jurisdiction, a felony committed during such employment, where the felony is for bribery, corruption, forgery or perjury or any other crime related to the duties of his or her employment.

C.

The forfeiture shall continue until such time as the conviction or guilty plea is reversed by the highest appellate court to which the Participant may appeal.

D.

Upon receipt of the notice of forfeiture prescribed by 11 O.S. Supp. 2012 § 1-111, as amended, the Plan shall immediately suspend all benefits of the Participant, and shall notify the officer or employee of his or her right to a hearing to review whether the conviction or plea qualifies for forfeiture of benefits under this section. If the conviction or plea occurs in federal court or the notice of forfeiture is not forthcoming from the state prosecutor, the Plan may investigate and gather court documents and contact prosecutors to determine whether the conviction or plea qualifies under this section. Upon obtaining sufficient documentation of the conviction or plea, the Plan shall immediately suspend all benefits of the Participant, and notify the Participant of his or her right to a hearing to review whether the conviction or plea qualifies for forfeiture of benefits under this section.

E.

All such hearings will be conducted according to the rules and regulations adopted by the Board of Trustees pursuant to its authority under Section 1001 hereof.

(Ord. No. 22626, § 3, 2-2-2012)