(California Court of Appeal) - Shortly after retirement,defendant was convicted of federal felony for directing an offshore gambling operation. Subsequently, defendants pension was reduced pursuant to Government Code section 7522.72 that provides that a public pensioner forfeits a portion of his pension following a conviction of a felony offense that occurred during the performance of his official duties. Defendant appealed the decision as unconstitutional and an unlawful ex post facto law. The appellate court did not find section 7522.72 unconstitutional and stated that that the ex post facto clause did not apply. However, and the appellate court found that defendant was denied due process rights and that that due process should gain been provided by pension board that has responsibility to manage the system.
Source: findlaw.com