July 29, 2008
Loophole in attorney pension bill
Responding to news stories about private attorneys earning government pension credit for advising school districts, the Legislature approved such a narrow solution that it doesn't apply to Newsday's latest revelation: attorneys listed on fire district payrolls.
Newsday begins its Sunday story:
When Gordon Heights residents mobilized to fight the high taxes they pay for fire service, they were stunned to discover that the fire district's attorney, William Glass, was on the payroll.
What's shocking is that starting in July 2007 when taxpayers brought this to the attention of a Brookhaven councilwoman, two county legislators and the office of state Comptroller Thomas DiNapoli, "they got nowhere," Newsday reports.
What residents did not know was that at the same time Glass was listed as an employee at Gordon Heights, records show he was also on the payrolls of six other fire districts, collecting health benefits through one and pension credits from all.
According to Newsday, at least nine outside attorneys have been enrolled in the pension system while doing work for at least 14 special districts (fire, water and sewer) and one authority (Nassau County Bridge Authority), all on Long Island. Some also received health benefits.
Governor David Paterson is expected to sign a bill that prohibits outside attorneys for school districts from enrolling in the state pension system. The bill would not apply to lawyers working for special districts or authorities.
New regulations by DiNapoli presume anyone retained under a contract (attorney, physician, architect, etc.) is an independent contractor and thus not eligible for government health and pension benefits.
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