Wilmot v. Contra Costa County Employees' Retirement AssociationAnnotate this Case
Wilmot commenced employment with the Fire Protection District in 1985. He was a member of the retirement program, administered by the Contra Costa County Employees’ Retirement Association (CCERA). In 2012, Wilmot decided to retire. His final day on the job was December 12; he applied for a service retirement” to CCERA the following day. On January 1, 2013, the Public Employees’ Pension Reform Act took effect, mandating the complete or partial forfeiture of pension benefits/payments if a public employee is convicted of “any felony under state or federal law for conduct arising out of or in the performance of his or her official duties.” (Gov. Code 7522.72(b)(1).) In February 2013, Wilmot was indicted. In April 2013, the CCERA approved his retirement application, fixing Wilmot’s actual retirement as December 13, 2012. Wilmot began receiving pension checks. In December 2015, pled guilty to embezzling county funds for 12 years, ending in December 2012. CCERA reduced Wilmot’s monthly check in accordance with the forfeiture provision. The court of appeal held that the forfeiture provision applies to Wilmot and declined to address whether it would amount to an unconstitutional impairment of his employment contract or an ex post facto law for someone in a different situation. Finishing the last day of work does not automatically make a public employee a “retired” former employee.