State Pensions for Felons

Jun. 6, 2011 2:48 am
Pension Forfeiture Would Not Apply To Current Lawmakers Who Commit Crimes

Related Content:

By Andrew J. Hawkins

The legislators who will be asked to support a new ethics bill today won’t be subject to one of its key penalties.

Current members of the Legislature convicted of a felony would not have to forfeit their public pensions, under the terms of the ethics deal that Gov. Andrew Cuomo and legislative leaders will discuss this afternoon.

Some public officials who commit crimes related to their public offices may have their pensions reduced or forfeited under the new bill – entitled The Clean Up Albany Act of 2011 – but those requirements would only apply to “people who enter [the] retirement system after [an] effective date,” a Cuomo spokesman confirmed, exempting current members of the Legislature who are convicted of crimes.

The agreement on ethics reform was hammered out after months of negotiations between Cuomo and the Legislature, all of which took place behind closed doors.

The state constitution prohibits reducing retirement benefits for any current lawmaker or public official, so applying the new ethics law to them could have been legally difficult.

Back in January, Comptroller Tom DiNapoli introduced a bill that would essentially do the same thing, while imposing enhanced penalties on current public officials convicted of job-related felonies.

Sources in the comptroller’s office were eager to highlight the differences, and believe their bill is stronger on pension forfeiture. But legislative sources expect Cuomo’s ethics package will take away any impetus to move the comptroller’s bill.

“Ours has a stronger component for those public officials who are currently members of the system,” one DiNapoli source said. “If theirs only applies to prospective members, ours is tougher.”

They’re entitled to it under the New York State Constitution. There’s a new law on the books to change that (more on that in a minute), but the law doesn’t apply to state employees already working before the law was passed. Like these people, for instance:

Senator Vincent Leibell of Putnam County, who pleaded guilty to felony corruption charges in 2010. Gross Annual Pension: $61,738.68*
Senator Efrain Gonzalez, Jr. of the Bronx, who pleaded guilty to two conspiracy counts and two wire fraud counts in 2009. Gross Annual Pension: $36,833.28
Senator Joe Bruno of Rensselaer County, who was convicted of wire fraud in 2009. He’s been a pensioner since July 2008. Gross Annual Pension: $96,085.32
Assemblywoman Diane Gordon of the Bronx, who was found guilty in 2008 of taking bribes. Gross Annual Pension: $10,299.84
Assemblyman Brian McLaughlin of Queens, who pleaded guilty to racketeering including embezzlement in 2006. Gross Annual Pension: $14,035.20
Assemblyman Clarence Norman of Brooklyn, who was convicted in 2007 of accepting illegal campaign contributions for his 2000 and 2002 re-election campaigns. Gross Annual Pension: $43,321.68
Assemblywoman Gloria Davis, who pleaded guilty for receiving a bribe in 2003. Gross Annual Pension: $62,550.48
Assemblyman Gerald Johnson of Livingston County, who pleaded guilty in 2000 to 2nd degree attempted burglary. Gross Annual Pension: $40,059