A state appeals court has handed a major win to a former San Francisco deputy sheriff, ruling she can keep most of her CalPERS retirement despite a federal fraud conviction. The First Appellate District concluded that the crimes she was convicted of did not “arise out of or in the performance of” her official duties, a legal line in the sand that turned out to be crucial.
As reported by Bloomberg Law, the court reversed a San Francisco Superior Court decision that had backed CalPERS’s partial forfeiture of the deputy’s pension and sent the case back for more proceedings. CalPERS had argued that her use of department resources and other job-connected details tied the fraud closely enough to her employment to justify docking her benefits.
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