Your FRS pension can be lost or suspended through criminal conviction, failure to meet survivor benefit elections, or in rare cases, through actions taken by the Florida Retirement System itself

The most common way to lose an FRS pension is a criminal conviction for a felony involving your job. If you are convicted of a crime connected to your work as a public employee — embezzlement, theft, fraud, or abuse of authority — the state can terminate your pension entirely. This is not automatic; the FRS must go through a formal process, but the outcome is permanent loss of all retirement benefits you have earned.

A second major route to losing your pension is failing to make a required election about survivor benefits within the deadline set by the FRS. When you retire, you must choose whether your pension will continue to a beneficiary after your death, or whether you want the full amount during your lifetime. If you miss the election window and do not respond to notices, your pension may be forfeited or converted to a form you did not intend. This is one of the few ways you can lose benefits through inaction rather than misconduct.

Outside of these two paths, losing an FRS pension is uncommon. You do not lose it by moving out of Florida, by working after retirement, or by receiving other government benefits. You do not lose it if you are convicted of a crime unrelated to your employment. The pension is yours once you have met the service requirements and begun receiving payments.

Key Takeaways

  • A felony conviction for a crime connected to your public employment is the most direct way the FRS can terminate your pension permanently.
  • Failing to make a survivor benefit election by the deadline set by the FRS can result in loss or unwanted conversion of your pension.
  • You do not lose your FRS pension by moving, by working after retirement, or by receiving Social Security or other benefits.
  • If the FRS takes action against your pension, you have the right to a hearing and can challenge the decision through the Florida administrative process.

Criminal Conviction and Pension Forfeiture

Florida law allows the FRS to forfeit your entire pension if you are convicted of a felony that is connected to your employment as a public employee. The crime must have a direct link to your job — embezzlement of public funds, theft from your employer, fraud in the course of your duties, or abuse of your authority as a government worker. A conviction for an unrelated felony, even a serious one, does not trigger pension forfeiture under FRS rules.

The process is not immediate. After a conviction, the FRS does not automatically cancel your pension. Instead, the state must file a formal action, and you have the right to a hearing before an administrative law judge. You can present evidence and argue your case. If the judge rules against you, you can appeal through the Florida administrative court system. However, if the conviction stands and the connection to your employment is clear, the outcome is typically permanent loss of all benefits — both the pension you have already earned and any survivor benefits.

This rule applies to all FRS members, whether you are in the regular pension plan, the investment plan, or the hybrid plan. It also applies regardless of how long you have been retired. If you are convicted years after you begin receiving your pension, the FRS can still move to forfeit it.

Survivor Benefit Elections and Deadlines

When you retire from the FRS, you must make a choice about what happens to your pension after you die. The FRS offers several options: you can take the full pension amount during your lifetime with nothing going to a beneficiary, or you can elect a survivor benefit that reduces your monthly payment but continues payments to your spouse or designated beneficiary after your death. This election is binding and must be made before your first pension payment.

If you do not respond to the FRS election notice or miss the deadline, the FRS will make a default choice for you — typically a reduced survivor benefit. Once this default is in place, changing it later is difficult or impossible. In some cases, if you fail to make any election and the FRS cannot reach you, your pension may be held or forfeited until you respond. This is one of the few situations where your own inaction, rather than misconduct, can cost you your benefits.

The key to avoiding this is responding to every notice the FRS sends you about survivor benefits. Read the deadline carefully, make your election in writing, and keep a copy of your response. If you are unsure which option is right for you, contact the FRS directly before the deadline — do not ignore the notice hoping it will go away.

What Does Not Cause You to Lose Your Pension

You do not lose your FRS pension by moving out of Florida or out of the United States. Many retirees live abroad or in other states, and the FRS continues to send payments. You do not lose it by working after you retire, whether you work for the state, for a private employer, or for yourself. You do not lose it by receiving Social Security, Medicare, or other federal benefits. These are common misconceptions, but none of them affect your FRS pension.

You also do not lose your pension if you are convicted of a crime that has no connection to your employment. A DUI, a drug conviction, or any other felony unrelated to your job as a public employee does not trigger FRS forfeiture. The law is specific: the crime must be tied to your work.

If you divorce, your ex-spouse may be may have access to to a portion of your pension through a court order, but you do not lose the pension itself — it is divided. If you have unpaid taxes or child support, the FRS can garnish your pension to pay those debts, but again, you do not lose the pension; a portion is redirected to satisfy the legal obligation.

The FRS Forfeiture Process and Your Rights

If the FRS believes you have committed a crime connected to your employment, they will notify you in writing. This notice will explain the alleged conduct and inform you of your right to a hearing. You have the right to be represented by an attorney, to present evidence, to call witnesses, and to cross-examine the state's witnesses. The hearing is conducted by an administrative law judge who is not employed by the FRS.

After the hearing, the judge issues a recommended order. If the judge recommends forfeiture, you can file exceptions and request the FRS to review the judge's decision. You can also appeal to the Florida District Court of Appeal if you believe the FRS decision violates your legal rights. This process can take months or years, but it gives you multiple opportunities to challenge the action.

During the appeal process, the FRS typically continues to pay your pension unless a court orders otherwise. Once a final decision is made against you, however, the FRS will stop payments and may demand repayment of benefits you received after the crime was committed. This is why it is critical to respond to any notice from the FRS about forfeiture and to seek legal counsel immediately.

Protecting Your Pension After Retirement

The most practical step is to respond promptly to every communication from the FRS. This includes notices about survivor benefits, address changes, and any inquiry about your employment history or conduct. If you receive a notice you do not understand, call the FRS directly or consult an attorney who handles pension law. Do not assume the notice will resolve itself.

Keep your contact information current with the FRS. If they cannot reach you, they may make decisions on your behalf — such as a default survivor benefit election — that you would not have chosen. If you change your address, update it with the FRS immediately. If you move out of the country, notify them; they need to know where to send your payments and how to reach you if questions arise.

If you are facing criminal charges related to your employment, consult an attorney before speaking to anyone at the FRS or your former employer. Anything you say can be used in a forfeiture proceeding. An attorney can advise you on how to protect your pension rights while you address the criminal matter.

Frequently Asked Questions

Can the FRS take my pension if I am charged with a crime but not convicted?

No. The FRS can only forfeit your pension after a criminal conviction. A charge or arrest does not trigger forfeiture. However, if you are convicted, the FRS can act even if you are appealing the conviction or seeking a pardon.

What if I missed the survivor benefit election deadline?

Contact the FRS immediately and ask if you can still make an election or change the default choice. Some requests are granted, especially if you can show the notice did not reach you or if there was a legitimate reason for the delay. Do not wait — the sooner you contact them, the better your chances.

If my pension is forfeited, do I have to repay what I already received?

Yes, typically. If the FRS forfeits your pension due to a criminal conviction, they will demand repayment of benefits paid after the crime was committed. The exact amount depends on when the crime occurred and when you were convicted.

Can I lose my pension if I work for a private employer after retiring from the state?

No. Working after retirement, whether for the state or a private employer, does not affect your FRS pension. You can work as much as you want without losing benefits.

Does my pension go away if I move to another country?

No. The FRS will continue to send your pension payments even if you live abroad. You may need to provide periodic proof that you are still alive, but your residency does not affect your benefits.