Knoxville Democrat's crimes did not rise to 'malfeasance in office'

A felony conviction was enough to end former state Rep. Joe Armstrong’s legislative career, but apparently not enough to end pension payments from the state.

The state retirement system director has decided that the Knoxville Democrat convicted of a felony charge of filing a false income tax return will continue to receive his pension.

Armstrong will receive $2,395.34 per month or $28,744.08 per year after nearly 28 years in the legislature, according to Tom Humphrey.

Jill Bachus, director of Tennessee Consolidated Retirement System, made the decisions based on the state law that says a legislator forfeits pension benefits if a felony conviction arises “out of that person’s official capacity, constituting malfeasance in office.”

Bachus’ memo does not elaborate, but Humphrey outlines Armstrong’s crimes:

Armstrong’s conviction was based on failure to pay taxes on profits he made by buying state cigarette tax stamps — with a tobacco wholesaler as middleman — prior to a 2007 tax increase. He supported the tax increase, then sold the stamps after it passed. The lawmaker said he was the victim of a lying accountant, who told him the taxes were paid but actually kept the money for himself.

Armstrong was found guilty of the charges in August, and he faces sentencing on Nov. 30 at the U.S. District Court in Knoxville.







