Thompson v. Oklahoma Public Employees Retirement System

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Petitioners-Appellants Donald and Paula Thompson appealed a district court's decision that affirmed the Board of the Public Employees Retirement System's ruling to forfeit Mr. Thompson's retirement benefits earned in his state retirement account. The district court determined that Mr. Thompson's state retirement benefits had to be forfeited after he was convicted of felonies that violated his oath of office as a district court judge. The court determined that Mrs. Thompson did not have standing in the administrative proceedings and was not a proper party therein. On appeal to the Supreme Court, Mr. Thompson alleged the Board violated the Oklahoma Administrative Procedures Act when it forced him to forfeit his retirement benefits without proper notice. In addition, he argued he did not receive an individual proceeding to provide him an opportunity to proffer evidence and present witnesses pursuant to the Act. Furthermore, Mr. Thompson alleged that the strict construction of the applicable forfeiture statute requires that it apply only to the last oath of office he took. According to this logic, Mr. Thompson argued he should have only been forced to forfeit the benefits he would have earned from his last term in office. Upon review, the Supreme Court found none of Mr. Thompson's arguments persuasive, and affirmed the district court's decision. View "Thompson v. Oklahoma Public Employees Retirement System" on Justia Law