Updated

Updated · Knoxville News Sentinel · Jun 23

Knox County Demands Henderson Repay Pension After Guilty Plea, 5 Retirees Risk Forfeiture

Updated

Updated · Knoxville News Sentinel · Jun 23

Knox County Demands Henderson Repay Pension After Guilty Plea, 5 Retirees Risk Forfeiture

Q: With pensions at risk, why were three indicted officers approved for retirement just nine days before their arraignment?

They were approved because Knox County’s retirement rules do not allow the board to deny an otherwise valid retirement application based only on an indictment. Assistant Chief Deputy David Amburn, Capt. James Hammond and Capt. Aaron Yarnell had already been indicted in May and placed on leave without pay, but when their applications came before the Knox County Retirement Board on June 22, the board said the men met the plan’s eligibility requirements. Under current county policy, an indictment alone is not enough to block retirement, so the board unanimously approved benefits set to begin July 1, nine days before their arraignment. That approval does not protect their pensions if they are later convicted. Knox County policy requires forfeiture of a pension when a county employee is convicted of a felony committed in the discharge of official duties. Tennessee law goes further by requiring repayment of the county-funded share already paid out to retirees in such cases. That is why the timing matters but did not change the outcome. The board could process the retirements because no conviction had occurred yet, and there was no legal mechanism to suspend or reject the applications on pending charges alone. If convictions follow, the men could lose future pension payments and face a clawback of benefits already received, as Knox County has already sought to do in retired assistant deputy chief David Henderson’s case after his federal guilty plea.

2 articles · Updated · Knoxville News Sentinel · Jun 23

David Henderson received a May demand letter ordering him to repay thousands in Knox County pension funds within 60 days after pleading guilty to a federal conspiracy charge tied to the KCSO corruption case.
Tennessee law requires county employees convicted of felonies committed in office to forfeit pensions, and retirees who already collected benefits can be forced to return the county-funded portion.
Five already retired KCSO figures — including former Sheriff Jimmy “J.J.” Jones and Lt. Franklin “Rocky” Lowery — could face the same penalty if convicted; three more indicted leaders were approved to retire June 22 because indictment alone cannot block retirement.
The 11 defendants face felony theft and conspiracy counts carrying potential prison terms of 8 to 25 years, with prosecutors alleging more than $300,000 in misuse of sheriff’s office cards and over $30,000 in seized cash.