Shortey eligible for state pension despite legal troubles
State Sen. Ralph Shortey will keep his legislative retirement benefits, regardless of whether he is convicted in a child prostitution case.
His annual pension will be about $9,200 if he resigns or is expelled by the Senate this year. If Shortey is convicted, pleads guilty or no contest to the charges, he will immediately lose his office and employment with the state but could start drawing his retirement benefits in 25 years when he turns 60.
On Thursday, Shortey was charged with three felonies: transporting a minor for prostitution, engaging in child prostitution and doing so within 1,000 feet of a church.
According to court documents, police discovered him in a Moore hotel room with a 17-year-old boy. Police later learned that Shortey messaged the boy offering to give him money for “sexual stuff,” according to a police affidavit filed with the charge.
Oklahoma law allows some legislative pensions to be forfeited, but only under specific circumstances. The pension forfeiture only applies to lawmakers and state employees who are convicted of bribery, corruption, forgery, perjury or another crime related to the duties of his or her office. Lawmakers also can lose their pensions if they are convicted of serious campaign finance violations. “It doesn’t just have to be any felony,” said Dessa BakerInman, general counsel for the Oklahoma Public Employees Retirement System. “It just has to be a felony of these types.”
Lawmakers can receive retirement benefits only if they have six years of service, a process known as vesting. Shortey completed his sixth year as a senator in 2016. He likely would not be eligible
for an insurance subsidy offered to retirees.
Shortey, 35, R-Oklahoma City, will receive his legislative salary of $3,200 per month as long as he remains a state senator, despite being stripped of many of his privileges on Wednesday.
His fellow senators suspended his right to a Capitol office and parking space. They reassigned his executive assistant and removed his name from legislation. However, Shortey can still vote.
On Thursday, Senate President Pro Tem Mike Schulz sent Shortey a letter urging him to resign immediately. Gov. Mary Fallin, Lt. Gov. Todd Lamb and others also called for Shortey’s resignation.
The Senate can expel a member by a two-thirds vote. Lawmakers reconvene Monday.
Shortey has not made a statement about the allegations and hasn’t responded to media requests for comment.
The pension law was changed in 2009 to specify the types of crimes that would warrant benefit forfeiture. The old law called for forfeiture of benefits if a legislator “violates his or her oath of office.” The amendment came after a high-profile fight between the state and former Sen. Gene Stipe of McAlester, who had been convicted of federal campaign finance charges.
Stipe successfully argued in state court that his actions did not violate his oath of office. The Oklahoma Supreme Court agreed that he should continue receiving his $84,500 annual pension. Stipe died in 2012.