Closing pension loophole

WASHINGTON, D.C. » New legislation would end pensions to members of Congress convicted of certain felonies.

The No Pensions for Corrupt Politicians Act of 2017, H.R. 4314, introduced by Congresswoman Claudia Tenney, R-22, would close an existing loophole that allows members of Congress convicted of bribery, perjury, conspiracy or other related crimes to continue collecting their taxpayer funded pension. Existing law only requires former members of Congress to forfeit their pension when they have exhausted their appeals in full, not simply upon a lawful conviction.

“Loopholes like this enable career politician syndrome and the pervasive culture of corruption that have become the status-quo in both Washington and Albany,” Tenney said. “The job of a public official is to advocate for their com-

munities and constituents, not benefit from the office they hold. Any elected official who betrays the public’s trust and is convicted of corruption should immediately have their pension revoked. This bill is the first step of many to reform our government and restore the Jeffersonian ideal of the citizen-legislator.”

In 2007, Congress passed a bipartisan law that prevented members of Congress convicted of bribery, perjury, conspiracy or other crimes related to their official duties from collecting their taxpayer-funded pension after a “final conviction.” Final conviction has been interpreted to mean after all appeals have been exhausted. This allows members to continue to receive pensions even after a conviction, so long as it is under appeal, a process which can take years.

New York voters voted overwhelmingly for similar legislation on Nov. 7, passing a measure 66.9 percent to 24.7 percent that would revoke pensions from state officials convicted of a crime. That law will take effect Jan. 1.

During her time in the New York Assembly, Tenney cosponsored a bill which would strip pension and retirement benefits from a public official convicted of corruption. Tenney also cosponsored a bill that would move public officials from a public pension plan to a defined con- tribution plan.

As of 2015, 14 former New York state lawmakers convicted of a crime received nearly $531,000 in taxpayer funded pensions annually.

In 2015, the leaders in both houses of the New York State Legislature were convicted on felony corruption charges. Disgraced former Assembly Speaker Sheldon Silver, who was found guilty of seven felonies for accepting nearly $4 million in bribes and kickbacks, receives a pension of nearly $80,000 a year. While former Senate Majority Leader Dean Skelos, who was convicted on felony corruption charges along with his son for conspiracy, extortion and bribery, receives a nearly $90,000 taxpayer funded pension annually.

Claudia Tenney