Just two weeks after hearing oral arguments in the case, a three-judge panel of the Missouri court of appeals ruled this week former state Rep. Raymond Salva Sr. isn't entitled to get state retirement benefits because he pleaded guilty to a federal criminal charge.
Salva, D-Sugar Creek, served in the Missouri House from January 2003-December 2010 and vested in the Missouri State Employees Retirement System (MOSERS) on Jan. 1, 2009.
The eight-page appeals court ruling noted Salva began receiving monthly retirement benefits in January 2011 - the month after he left office.
But Salva pleaded guilty in U.S. District Court on June 26, 2013, to a felony charge of theft of government money.
In his federal plea agreement, the state court noted, Salva admitted from January 2003 until February 2008 he received Social Security disability benefit payments "he was not entitled to receive due to his work activity" - in the Missouri Legislature.
Within days of his pleading guilty in federal court, MOSERS terminated his retirement benefits and demanded he pay the state back the $29,929.20 in benefits he received between January 2011 and June 2013.
In November 2006, Missouri voters overwhelmingly approved a constitutional amendment prohibiting any public official - including statewide elected officials, lawmakers and judges - "who is convicted in any court of a felony which occurred while in office from receiving any pension from the state of Missouri."
There were 1,720,007 "yes" votes, or 84.1 percent of the 2,044,644-vote total, and only 324,637 "no" votes, or 15.9 percent.
MOSERS cited that constitutional language when stopping Salva's pension and demanding repayment of what he had received.
Salva argued in both the Jackson County Circuit Court and at the appeals court that MOSERS was not entitled to get the money back.
Salva contended his acceptance and retention of retirement benefits was not unjust because he "did not belong to the class of individuals" covered by the constitutional language, Appeals Court Judge Victor C. Howard wrote for the three-judge panel.
"Specifically, he argues that the provision cannot be applied against him because he was not convicted of a felony while serving in office but, instead, pleaded guilty to theft of government property nearly two and a half years after his retirement from the Missouri House of Representatives."
But, the appeals court said, "The plain and ordinary language of the (constitutional) provision" is committing a felony - not being convicted of it - is the act triggering the loss of retirement benefits.
And Salva admitted in his plea agreement his crime occurred while he was in office, the court said.
Salva also argued MOSERS' action violated the Missouri Constitution's Bill of Rights prohibition against any law "retrospective in its operation."
The appeals court ruling noted Salva had told the courts "the laws in effect at the time he was accruing (retirement) service time in the Legislature did not allow for such disqualification," because his felony was committed before the effective date of the constitutional amendment.
Salva acknowledged receiving three Social Security checks in 2007 and 2008, but said those checks added nothing to the federal government's case against him.
The appeals court ruled Salva had not served in the Legislature long enough when the constitutional amendment went into effect on Jan. 1, 2007, and had "no vested right to retirement benefits at that time. Salva committed a felony while in office after the enactment of section 3.12 (in the Constitution) and was subsequently convicted for it.
"The mere fact that he was committing a felony while in office before the adoption of section 3.12 did not shield him from the consequences of his actions after its adoption."