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Dec. 15, 2008
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JANE ANN MORRISON: Officials convicted of corruption collect pensions, adding insult to injury

JANE ANN MORRISON
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With all the cheery news of corrupt politicians, a reader asked whether convicted politicians lose their pensions?

Not in Nevada.

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    • When Dario Herrera, Mary Kincaid-Chauncey, Erin Kenny and Lance Malone get out of prison, they will still qualify for their pensions. Can't tell you how much money that will be because the Nevada Public Employees Retirement System isn't allowed to reveal personal pension information.

    The only time Nevada law bans public employees of any ilk from qualifying for a pension is if they murder someone just to get the pension, not an everyday occurrence.

    Nevada law doesn't prohibit public officials or any other public employees convicted of a crime (including police officers) from getting their pensions when they are eligible. So Malone, a former police officer who used his connections from his days as a county commissioner to bribe other commissioners, will get his pension for his efforts as a police officer and a commissioner. At 70, Kincaid-Chauncey is probably getting her pension now, even while she's in prison.

    Nevada views a public employee's pension as a property right, something the person earns, because the individual contributes to it.

    Illinois takes a different view.

    Gov. Rod Blagojevich, the only governor whose bad publicity makes Jim Gibbons look good (especially because none of the investigations into Gibbons resulted in any charges), will lose his state pension if he's convicted but probably would keep his congressional pension.

    Las Vegan Gilbert Mullen, who asked the pension question I had to research, wants corrupt politicians to lose their pensions "in order to make these politicians do right." The senior maintenance technician for the Clark County Reclamation District is outraged by news of blatant corruption in Alaska, Illinois, and, yes, Nevada. "These people are in areas of trust, they can affect a city and a state economically," he said, while taxpayers pay the penalty.

    "There are a lot of issues in the county," said Mullen, 55. "And this is telling me that instead of people taking care of our business, they're only taking care of personal business, and we the people suffer."

    He hopes that President-elect Barack Obama takes the lead. "This is the type of change we need. Let's make these elected officials act right."

    I'm not sure stripping them of their pensions will make corrupt elected officials "act right," but it can't hurt.

    Peter Sepp, spokesman for the National Taxpayers Union, agrees with Mullen. Corrupt members of Congress and senators should be stripped of their pensions.

    Congress passed a law in 2007 to do exactly that, but it didn't go into effect until after September 2007 and the list of crimes was so specific that almost none of the recently convicted lawmakers will lose their pensions. Sure, the intent was right, but the law they passed was full of holes.

    Sepp, vice president of policy and communications, said the National Taxpayers Union supports enactment of a no-pensions-for-felons law on the state and federal levels, noting some states already have them.

    "The federal law still has far too many loopholes and covers far too few crimes," he said. Sen. Ted Stevens, the Alaska Republican, won't lose his $122,000 pension; neither will Rep. William Jefferson, the Louisiana Democrat, lose his $45,000 a year pension if he's convicted. Jefferson's alleged crimes were committed before the law passed. The law did not cover Stevens' charges and wasn't retroactive.

    Blagojevich is likely to forfeit his state pension. George Ryan, the previous Illinois governor, lost his. But Sepp said nothing would stop Blagojevich from getting a pension for the six years he was in Congress, about $13,000.

    The National Taxpayers Union has a tough suggestion that would meet Mullen's approval and close loopholes. Any senator or members of congress convicted of a felony would lose their taxpayer-funded pension, even a felony committed after they left office. Any felony.

    Right now, there are at least 20 convicted federal lawmakers eligible for federal pensions since the federal law was not retroactive.

    Meanwhile, in Nevada, corrupt public employees rest assured. No matter what they do, they'll always have their PERS to fall back on in their old age, and whatever money they saved from the bribes, presuming they weren't living large.

    Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.

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    Retired Military wrote on December 15, 2008 08:08 PM: Johnathan L. Abbinett wrote on December 15, 2008 11:38 AM:
    Veterans that are convicted of a felony lose all of their retirement, pension AND disability payments!

    NOT EVEN CLOSE. The truth is:

    Department of Veterans Affairs benefit recipients (disability) lose only while incarcerated, but benefits are paid during that time to spouses and dependent children.

    Military retirees only lose benefits if convicted of National Security violations under Hiss Act, (5 U.S. Code, Section 8311 - 8322)


    TruthTeller wrote on December 15, 2008 01:57 PM: Aren't you happy this hag had something to say other than what was left over in her 'fridge?


    endrun wrote on December 15, 2008 01:50 PM: Johnathan L. Abbinett,

    'I'd bet if we took away the temptation we would see a lot fewer cases of polticial corruption - we just have to ensure that crime does NOT pay!'

    I can picture a few 'black robes'; one or two in Carson City, where public shame and humiliation, tar and feathering and a few other things for a crowd (not to mention stripping of all rights and benefits) and posted on You-Tube would be an appropriate deterrent.


    nvkorruption wrote on December 15, 2008 01:33 PM: 'Meanwhile, in Nevada, corrupt public employees rest assured. No matter what they do, they'll always have their PERS to fall back on in their old age, and whatever money they saved from the bribes, presuming they weren't living large.'

    Although true, what you say here is one thing, but the RJ can be part of the problem sometimes by allowing certain interests to dictate what the RJ can and cannot release to the general public about certain taxpayer paid officials' actions on certain issues(especially if it relates to RJC matters).

    Usally anything that stirs up the general public like judges, the justice system, indigent defense, and certain officials is minimized by the RJ and often barred from comment.


    endrun wrote on December 15, 2008 01:17 PM: JOE ,

    'THOSE PEOPLE THAT ARE ELECTED TO OFFICE AND ABUSE IT SHOULD PAY A HELL OF A PRICE FOR THEIR DEEDS'

    They should GO TO HELL..

    Meanwhile public corruption in Nevada remains pending investigations.

    'PUT THESE LAWS ON THE BOOKS AND IT WILL GET THEIR ATTENTION!!!'

    The Nevada justice system doesn't even follow their own laws, or they disregard them.

    Indigent defense, Guinn v Nevada Legislature...and so on...the Nevada Supreme Court and the Attorney General's office is paid by Nevada taxpayers and citizens to keep corruption ALIVE.

    'Here's details of the Indigent defense system currently being upheld and its significants can be seen in the material facts I am currently in, just to demonstrate its a policy, a legislated law, that revise the statutes to create the client represented in a criminal indigent case to be THE STATE OF NEVADA.
    As Quoted from the First Judicial District Court minutes: "THE STATE OF NEVADA IS THE PUBLIC DEFENDER'S CLIENT." May 22nd 2008. Now from the District Attorne himself, "THE STATE OF NEVADA IS OUR CLIENT WE PROTECT THEIR CIVIL RIGHTS. " November 10th 2008.'

    'The only time Nevada law bans public employees of any ilk from qualifying for a pension is if they murder someone just to get the pension' ...or in the interests of JUST US!


    Johnathan L. Abbinett wrote on December 15, 2008 11:38 AM: Veterans that are convicted of a felony lose all of their retirement, pension AND disability payments!

    That cruel reality provides significant motivation to respect the rule of law and be law abiding citizens (as the vast majority of our veterans are anyway)!

    But, our politicians are able to sit back after they first get elected and work out a personal financial plan where they can commit fraud, waste and abuse - for the maximum personal profit and get away with it?

    That is nothing short of stunning!

    Once a politician is convicted of a felony they should be treated like any other common criminal and lose every penny - and they ought to serve time in the general prison population (not some country club)!

    I'd bet if we took away the temptation we would see a lot fewer cases of polticial corruption - we just have to ensure that crime does NOT pay!

    I don't want to see anyone become homeless - so, let these corrupt politicians and their families do what the rest of society does - like riding the bus and waiting in line for days at the local social service agency!

    I'd bet when their political pals here how bad it is for their former political friends with felonies - the whole social service system will be improved TOO!


    steve wrote on December 15, 2008 11:15 AM: Jane Morrison,

    Anyone and everyone who is not a liberal did not have to research to see if they get to keep their pensions. We already knew they did because we read things other than what's handed to us by Reid, Pelosi, Frank, Kennedy, Dodd, et al. You and your ilk, on the other hand, are completely ignorant of what is happening in the real world and that's why you vote for clowns like our recently elected mob of crooks.

    Oh please,

    To answer your question, all of them are Reid cronies. That's where they learned their criminal acts.

    Wendy,

    You are exactly right. But you'll never get a liberal to understand the truth. As Jane Morrison proved with this article, they (the liberals) don't know what's going on in this world and have to research on whether these crooks get to keep their pensions.


    JOE wrote on December 15, 2008 09:27 AM: THOSE PEOPLE THAT ARE ELECTED TO OFFICE AND ABUSE IT SHOULD PAY A HELL OF A PRICE FOR THEIR DEEDS. WHAT IN THE HELL IS WRONG WITH PASSING LAWS IN THIS STATE THAT IF CONVICTED YOU NOT ONLY REMOVE YOUR NAME FROM THE PENSION ROLLS BUT MAKE IT MANDATORY THAT THE JUDGE SENTENCE THESE DIRTBAGS "DOUBLE TIME" FOR THEIR CRIMES! PUT THESE LAWS ON THE BOOKS AND IT WILL GET THEIR ATTENTION!!!


    RHG wrote on December 15, 2008 08:54 AM: Let me see if I get this right, in the state of Nevada I can't collect unemployment because I quit my last job even though my past employers put this money into the system for me. But, these convicted politicians can collect their pensions because they "contributed" to them? Well, how about just giving them the money back that they contributed. And btw, what does the state do with all that unemployment money that employers contribute but doesn't get dispersed? It has to be sitting somewhere collecting interest for the state would be my quess. Is it any wonder they don't want to give it to the people it was intended for. But, be a politician and they're handing you a pension check in a prison cell.


    fairness wrote on December 15, 2008 08:48 AM: Any person who receives a public pension including employees who are convicted of a crime related to their public position should lose their pension. This includes federal, state, city and county officials and employees. The press should also stopping holding public court of officials and employees by using the power of the pen and the press/media to convict. A charge is just that, remember the DA's and other law enforcement official’s uses there power as tools to harm political adversaries just as the media continues to do.


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