Vicki Baumgartner, Personal Representative Of The Estate of Richard R. Baumgartner v. Tennessee Consolidated Retirement System

This appeal involves the forfeiture of the retirement benefits of a former Tennessee trial judge after he was convicted in federal court of numerous felonies arising out of his official capacity as a trial judge and constituting malfeasance in office. The former trial judge appealed the termination of his benefits and participated in a contested case proceeding before an administrative law judge, who ultimately determined that the retirement benefits were properly terminated based on the felony convictions and that the statute requiring such forfeiture was not unconstitutional as applied to the former trial judge. The chancery court agreed with these conclusions. We likewise conclude that the application of the forfeiture statute did not unconstitutionally impair the pension contract of the former trial judge, nor did it unilaterally impose an impermissible retrospective law or constitute an excessive fine. We further conclude that the retirement benefits were suspended as of the appropriate date, despite the former trial judge’s insistence to the contrary. Accordingly, we affirm the decision of the chancery court and remand for further proceedings.