FOR RELEASE:

DiNapoli Suspends Pension of Second Long Island Lawyer

State Comptroller Thomas P. DiNapoli today announced his office suspended the pension of Albert D’Agostino. The action is part of DiNapoli’s on-going review of the records of every attorney in the Retirement System.

“As we find problems in the Retirement System, we’re fixing them,” DiNapoli said. “We’ll continue to dig until we’re confident that state pensions are only going to those people that rightly earned them.”

DiNapoli suspended D’Agostino’s $106,700 annual pension while his office examines the appropriateness of service credit D’Agostino received from Nassau County, Lawrence Union Free School District, Valley Stream Union Free School District, North Merrick Union Free School District, the Town of Hempstead and the Village of Valley Stream. D’Agostino retired in October 2000.

Last month, DiNapoli’s office suspended the $61,459 annual pension of Lawrence Reich after an audit by DiNapoli’s office found five school districts inappropriately reported Reich as an employee.

DiNapoli added that his office would seek to recover benefits paid out to wrongly classified individuals who have already retired. He said he would ask Attorney General Cuomo to pursue civil recovery if necessary.

This is the latest action in DiNapoli’s office’s on-going review and reform of the Retirement System. Last week, DiNapoli revoked the Retirement System memberships for four attorneys who were reported by Hamilton-Fulton-Montgomery BOCES and reduced service credit for a fifth attorney. Earlier this month, DiNapoli announced strengthened regulations to provide clarification and guidance for local governments when they determine who is an employee.

DiNapoli’s office is providing assistance to help participating local governments determine whether an individual should be considered an employee or an independent contractor.

###