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Thread: Sheldon Silver in line for NY pension, though not if Preet Bharara has his way

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    Tony Fracasso - Admin
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    Sheldon Silver in line for NY pension, though not if Preet Bharara has his way

    Sheldon Silver in line for NY pension, though not if Preet Bharara has his way

    SYRACUSE, N.Y. – Sheldon Silver can legally collect his annual pension, at New York taxpayers' expense, just like so many convicted lawmakers before him.

    Silver, 71, who was convicted Monday of seven felonies in federal court, is in line for tens of thousands of dollars a year pension payments. (The exact pension amount wasn't available this morning; check back later this afternoon for updates.)

    Yet whether Silver actually will pocket those pension payments is still unclear. U.S. Attorney Preet Bharara has said he plans to seek those public retirement payments as part of restitution in Silver's case.

    And Bharara has had success in capturing pension payments in at least one other federal corruption case involving a former state lawmaker.
    http://www.syracuse.com/state/index....s_his_way.html

    How do you feel about elected officials receiving their pension if convicted of a crime?

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    Member BorderBob's Avatar
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    Like it or not, a pension is a benefit from which contributions are made by the employee over the span of public employment. Where that person is vested, they are entitled to the benefit. What the AUSA is proposing is essentially a lien on the money to pay the civil fines/penalties/restitution. Nothing wrong with that.

    But unless or until the laws are changed, any other discussion is useless hand wringing.




    b.b.

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    Tony Fracasso - Admin
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    Totally understand.

    Here's a thought.

    What if there was a rule that if an elected official did get convicted of a serious crime that they do forfeit their pension. This would definitely make people think twice before doing something underhanded.

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    Member buffy's Avatar
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    Quote Originally Posted by WNYresident View Post
    Totally understand.

    Here's a thought.

    What if there was a rule that if an elected official did get convicted of a serious crime that they do forfeit their pension. This would definitely make people think twice before doing something underhanded.
    Maybe with Shelly and Dean on the hot seats that kind of legislation can finally get the light of day...

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    Quote Originally Posted by BorderBob View Post
    Like it or not, a pension is a benefit from which contributions are made by the employee over the span of public employment. Where that person is vested, they are entitled to the benefit. What the AUSA is proposing is essentially a lien on the money to pay the civil fines/penalties/restitution. Nothing wrong with that.

    But unless or until the laws are changed, any other discussion is useless hand wringing.b.b.
    NYS Pensions like those given to"Politicians" are not paid for by the individual they are paid by the tax payers. If he filed for his pension prior to conviction he should get it and then it should be treated as income and attached to help pay restitution.

    Politicians - like with Town Clerk Johanna Coleman Metz - should have to disclose to taxpayers when running for office they intend to collect a tax funded retirement while in office. They should let taxpayers know they plan on "Double Dipping once elected !

    Voters should know if elected they will receive retirement pay as well as tax funded pay for the office they are running for.
    Last edited by 4248; December 1st, 2015 at 08:01 PM.
    #Dems play musical chairs + patronage and nepotism = entitlement !

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    Member BorderBob's Avatar
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    So you are saying with certainty, that New York State public employees do not contribute AT ALL to their retirement?



    b.b.

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    Member BorderBob's Avatar
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    Quote Originally Posted by WNYresident View Post
    Totally understand.

    Here's a thought.

    What if there was a rule that if an elected official did get convicted of a serious crime that they do forfeit their pension. This would definitely make people think twice before doing something underhanded.
    You mean like this? 5 USC 8412(d)

    (d) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—
    (1) after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 25 years, or
    (2) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years,
    is entitled to an annuity.
    Not sure it exists throughout the federal job series, but it does for law enforcement.



    b.b.

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    BB-

    So you are saying with certainty, that all New York State public "Elected or appointed officials do contribute" to their retirement? or that Sheldon Silver did ?

    No I did not say "all/none" - some do now - many never had and some still don't !

    you wrote, "contributions are made by the employee over the span of public employment" -
    #Dems play musical chairs + patronage and nepotism = entitlement !

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    Will Silver Conviction Be Tipping Point for 'Real' Reform?

    Former Assembly Speaker Sheldon Silver, thought to be the most powerful man in New York state government for decades, was found guilty Monday on seven counts of corruption in multiple schemes to monetize the power of his office. During the trial Silver's own defense attorney insisted that Albany itself was on trial and claimed that Silver's behavior was business as usual in Albany, and that even if it felt unseemly, it was in fact legal.

    The jury did not agree. And though Silver left the courthouse saying he plans to continue his legal fight, the big question now is whether this startling development will be the impetus for major reform of the rules of the game for Albany lawmakers. With his conviction, Silver is removed from office and becomes the 32nd state lawmaker forced from office due to criminal or ethical issues since 2000.

    Silver never took the stand on his own behalf and the defense called no witnesses. Instead, Silver's defense attorney, Steven Molo, argued that the federal government was trying to make Albany's long tradition of backroom dealing illegal. "It makes some people uncomfortable, but that is the system New York state has chosen, and it is not a crime," Molo said on Nov. 3 during opening statements. "The prosecutors are trying to make it a crime, but it's not."

    http://gothamgazette.com/index.php/g...or-real-reform
    Last edited by 4248; December 2nd, 2015 at 12:07 AM.
    #Dems play musical chairs + patronage and nepotism = entitlement !

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    Member Save Us's Avatar
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    Quote Originally Posted by BorderBob View Post
    Like it or not, a pension is a benefit from which contributions are made by the employee over the span of public employment. Where that person is vested, they are entitled to the benefit. What the AUSA is proposing is essentially a lien on the money to pay the civil fines/penalties/restitution. Nothing wrong with that.






    b.b.


    The law needs to be changed, it was written by legislators of course. That's a conflict of interest.

    I am sure the public would be on board with that.

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    Member leftWNYbecauseofBS's Avatar
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    Quote Originally Posted by WNYresident View Post
    How do you feel about elected officials receiving their pension if convicted of a crime?
    I think you need to be more specific....

    What if the crime had nothing to do with their job?

    But this really should not be an issue. Allow Shelly to file for a pension. He is not going to see a penny of it. First, he's going to die in jail. Second, he's not going to see a penny of it as his assets, including pension income, are going to be taken away.

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    Member gorja's Avatar
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    Correct me if I'm wrong. Doesn't the state law now read that if a public official took office after 2011 and is convicted of a felony connected to his job that a judge can revoke his pension?

    Georgia L Schlager

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    Tony Fracasso - Admin
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    Quote Originally Posted by leftWNYbecauseofBS View Post
    I think you need to be more specific....

    What if the crime had nothing to do with their job?

    But this really should not be an issue. Allow Shelly to file for a pension. He is not going to see a penny of it. First, he's going to die in jail. Second, he's not going to see a penny of it as his assets, including pension income, are going to be taken away.

    If the crime had nothing to do with the job I would say it's not related. What Shelly did was completely related to the job.

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    Member dtwarren's Avatar
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    Quote Originally Posted by WNYresident View Post
    How do you feel about elected officials receiving their pension if convicted of a crime?
    Does a private employee lose the employer share contributed to his/her 401(k) if they are convicted of a crime?

    Do they lose the employer contributions towards their Social Security?
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Quote Originally Posted by dtwarren View Post
    Does a private employee lose the employer share contributed to his/her 401(k) if they are convicted of a crime?

    Do they lose the employer contributions towards their Social Security?
    Should public servants be held to a higher standard? Is it more egregious when a priest or cop commits a crime than an average citizen? Abuse of trust is perhaps the worst platform from which a crime can be committed in my opinion. Most importantly.......

    Should people that abused the trust of their constituency continue to benefit from those they harmed? The owners of this particular "401k" are the public. A private company may not be directly harmed if Joe Dirt gets a DWI. Would a person get their pension if they committed embezzlement?

    It's time that we really give this matter a long hard look.
    Last edited by Save Us; December 3rd, 2015 at 04:46 PM.

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