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No, former Douglas Anderson teacher Jeffrey Clayton will not be collecting pension if found guilty of lewd conduct charge

Clayton is charged with several criminal counts stemming from what investigators say was lewd conduct with a student. He has pleaded not guilty.

JACKSONVILLE, Fla. — On Your Side continues to follow the investigation at Douglas Anderson School of the Arts.

Four teachers have been removed in the past month, following the arrest of longtime vocal coach Jeffrey Clayton.

He’s charged with several criminal counts stemming from what investigators say was lewd conduct with a student. He has pleaded not guilty.

But many in the community are wondering, given the severity of the charges against him, if Clayton will still be eligible to receive a state pension. 

The Duval County school board district participates in the Florida retirement system, which is managed by the state.

Teachers pay into the system and when teachers retire, as Clayton did, they are eligible for pension benefits but committing a crime can impact that. 

THE QUESTION

Will Jeffrey Clayton be able to collect a pension?

THE SOURCES

Jacksonville Attorney Janet Johnson

The Florida Department of Management Services

& National Association of State Retirement Administrators

 

THE ANSWER

This is false.

No, Clayton will be unable to collect a pension if he's found guilty of the charges against him.

WHAT WE FOUND

Attorney Janet Johnson says state law specifies certain crimes that disqualify employees from the pension system.

“It’s these specific charges and the fact that he used his power over these students allegedly to commit these crimes that’s why he falls under the statute and why he has to forfeit his rights to his pension.”

According to the National Association of State Retirement Administrators, employees lose the right to collect pensions if convicted of felony violations of the public trust including crimes against minors.

“Even though that’s technically his money he’s paid into that fund. He basically loses the right to that money because of the crime that he has either pleaded to or been convicted of," said Johnson. 

Johnson notes that unless or until convicted, Clayton will be eligible to receive his pension.

The state retirement system has what’s known as the DROP program.

It allows employees to retire and begin accumulating retirement benefits while still continuing to work for up to 60 months.

If Clayton was in the program and technically already retired, Johnson says he would lose his pension if convicted.

On Your Side has reached out to the state to find out if Cayton was in the DROP program and has not heard back.

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