Politics on the Hudson

 State Comptroller Thomas P. DiNapoli just announced that his office revoked the state and local retirement system of three attorneys (Joseph Pondolfino, Thomas DeBoy and Gilbert Henoch) and rescinded retirement service credit for three others (Michael Bergan, Paul Dierdorf and Eugene Renzi).   “State pensions are strictly for employees of state and local governments,” DiNapoli said in a statement. “Independent contractors do not qualify for state pensions. We are continuing to look at lawyers in the Retirement System to ensure no one is receiving a pension they don’t deserve.”
 
   The Oneonta Central School District in Otsego County incorrectly reported Pondolfino as an employee to the Retirement System, but he was independent contractor, according to DiNapoli. That allowed him to receive nearly 11 years of service credit and an annual pension of $1,999 since 2004. The district did not control or supervise Pondolfino’s work and Pondolfino did not work set hours.  

   DeBoy incorrectly received 3.75 years of service credit from Cheektowaga Central School District in Erie County since 2004 because the district incorrectly reported DeBoy as an employee when he acted as an independent contractor. DeBoy performed services for the district as an independent contractor from 2000 until 2004, when the district added him to the payroll. DeBoy did not work set hours and did not maintain an office at the district.

   The other districts involved in incorrectly reporting attorneys as employees and giving them service credits were Long Island’s Hempstead Union Free School District and East Meadow Union Free School District,  Capital Region BOCES and the Village of Adams and Carthage Central School District  in Jefferson County.

   To date, DiNapoli’s office has revoked membership or retirement service credit for 26 individuals. DiNapoli previously suspended the pensions of two Long Island attorneys.