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Clerk Childers Sues County, Three Commissioners Over Retirement Plan Contributions

March 3, 2022

Escambia County Clerk Pam Childers and the Escambia County Commission have now filed suit against each other in an ongoing retirement plan dispute.

It’s called a 401(a) annuity program, and under state statute is offered only to senior management service employees and commissioners that opt out of the Florida Retirement System (FRS). It’s available statewide, not just in Escambia County.

Last summer, Childers said commissioner participation in the plan is illegal. Childers, who essentially holds the county’s checkbook as clerk, started withholding contributions to the retirement plan. The county commission then filed suit against her.

Wednesday, she answered with a motion to quash the county’s suit and filed her own lawsuit against Escambia County and commissioners Steven Barry, Robert Bender and Lumon May – the three commissioners that currently participate in the 401(a) plan. She also wants $130,000 paid into the plan for the commissioners returned, claiming the payments were made without legal authority.

“As Clerk, and in my duties as Auditor, I have an obligation to shield the public from unlawful expenditures,” Childers said. “It has come to my attention that Escambia County has directed payment to private retirement accounts for Barry, May and Bender, without legal authority. I have obtained a legal opinion that those payments, deemed to be compensation, must be authorized by general law for these commissioners. I find no general law so authorizing.”

After learning of the lawsuit in which he is named, Barry told NorthEscambia.com, “In contrast to the apparent interest of some, the issue will be decided in an actual court of law, not a court of public opinion, and I look forward to that opportunity.”

Judges in Escambia County have recused themselves from the county’s action and it has been referred to Judge William Stone in Okaloosa County. Childers said she will be moving to consolidate the lawsuits.

401(a) Annuity Program

The plan does not cost Escambia County taxpayers anything extra when contributions are made in a timely fashion; the employee contributions are exactly the same whether or not the money goes into FRS or the annuity program. FRS has significant administrative overhead and fund liability that is funded from employee contributions. The 401(a) annuity plan participant costs are lower, so participants can earn significantly more retirement dollars.

That means what taxpayers contribute for the 401(a) annuity program individually for Barry, Bender and May is equal to the taxpayer cost individually for commissioners Jeff Bergosh and Doug Underhill, both of which opted for a FRS retirement benefit.

Escambia County has offered a 401(a) annuity program to senior management employees and elected officials since 1997.

Comments

14 Responses to “Clerk Childers Sues County, Three Commissioners Over Retirement Plan Contributions”

HMAC24 on March 6th, 2022 5:15 pm

Go Mrs. Pam! You got this!! Give them H#!!
Biog AL on March 5th, 2022 7:45 am

Go Pam!!! Give them crooks hell. The commissioners paid three law firms to tell them what they wanted to hear. Pam will take it to court and the Truth will come out. Go Pam!!!!!!
Don cooper on March 4th, 2022 6:03 pm

Vote for me, I’ll do it for free.
@Retired on March 4th, 2022 1:59 pm

I agree, Commissoners do NOT deserve this benefit because no other county employees are so well compensated for a part time job, one that is historically known to fill certain pockets while excluding others!!!! I have NOT seen one commissioner leave office without improving their own income beforehand. They ALL seem to miraculously earn much more than they ever did before!!! It’s time for these self serving, greedy,l priates to go!!!
Jlb on March 4th, 2022 10:07 am

I didn’t vote for Barry this last election. He’s now a politician. Its all about the money. Wonder how much this law suit will cost tax payers? Proud of Childers…glad she’s standing up for whats right.
Willis on March 4th, 2022 9:45 am

@Kyle
You do understand the clerk is elected?

Thus a politician that runs for an office.
Kyle on March 4th, 2022 8:02 am

The clerk will prevail.this needs to be addressed .show me an honest politician,!!public office should not have retirement. ITS PUBLIIC SERVICE!
Swampfox on March 4th, 2022 6:34 am

I am compelled to mention how proud of our County Clerk ( Pam Childers ) we should be. I don’t know Her but She’s one tough hombre ! These days it seems the “go along to get along” attitude is predominant ! Wish we had 100 more like Her !
James on March 3rd, 2022 6:24 pm

The commissioners are elected by the tax payers of Escambia County and not hired. They are on a set income, part time job. State Statues does not provide this for the commissioners, it is illegal. All of the commissioners need to be voted out of office and Barry needs to realize that public opinion does count we are the people who vote them in office.
Swampfox on March 3rd, 2022 10:41 am

Simple solution : Don’t re-elect them . 4 years and go do something else of consequence. We don’t need their “aides” and phone controllers! Theirs is a public service situation ! Sure don’t need politics and which party they’re aligned with entering in County business.. “one and done “
OH NO on March 3rd, 2022 10:23 am

Sounds like we are turning into Century
retired on March 3rd, 2022 10:15 am

WHY SHOULD THEY HAVE A RETIREMENT PLAN?????????????

this is a PART TIME JOB
Mr. Metoo on March 3rd, 2022 8:44 am

If I read this right then Florida Statutes provide this option for commissioners. So why would it be illegal. What other Clerks of Courts in the state are refusing to pay into 401a annuities? Now it’s costing the taxpayers for officials to sue each other on our dime.
Well on March 3rd, 2022 6:19 am

It took her a long time to catch it, IF illegal. Looks like a fight over who’s on top…..

Time will tell and deepen the wound.

Written by William Reynolds · Filed Under News