Court: Ex-state pol’s pension contributions are fair game for forfeiture
The federal Second Circuit Court of Appeals ruled on Wednesday that disgraced former Assemblyman Eric Stevenson’s pension contributions are fair game as the feds seek to recoup $22,000 in ill-gotten gains.
The decision would seem to bolster arguments made by federal prosecutors that a state pension indeed can be raided, with the court siding with the argument that federal law trumps state constitutional protections of retirement funds.
More germane specifically to this case, the decision affirms the 36-month prison sentence and forfeiture of $22,000 leveled against Stevenson following the Bronx Democrat’s conviction for extortion and taking bribes in 2014.
The issue of pension forfeiture is something the state Legislature has attempted to and now is on its way toward addressing. A constitutional amendment that would allow for stripping of pensions from state lawmakers (regardless of when they first were elected*) and other top policy makers and officials convicted of a felony related to their office was passed for the first time at the end of the legislative session this year. It must be passed again in either 2017 or 2018 and would then go before the voters on the next general election ballot after the Legislature blesses it for a second time.
Read more: http://blog.timesunion.com/capitol/archives/266510/court-ex-state-pols-pension-contributions-are-fair-game-for-forfeiture/