Comptroller Thomas P. DiNapoli Statement on
Retirement System Lawsuit
My office is conducting a thorough examination of the records of attorneys enrolled in the New York State and Local Retirement System. Our goal is to ensure that no one has been inappropriately granted state pension benefits.
We are reviewing each case on an individual basis and are carefully considering all of the facts in each specific situation. No decisions are made in haste. We are taking action only when there is more than sufficient evidence to determine that an attorney acted as an independent contractor and not as an employee. I am confident that my office’s determinations will be upheld.
While the overwhelming majority of attorneys in the Retirement System have appropriately earned and deserve pension benefits, we have already identified some instances where individuals were granted pension benefits they were not entitled to. These individuals can seek administrative and judicial reviews. We will continue our examination until we are certain that no one is improperly receiving pension benefits.
As State Comptroller, I have the legal authority and the fiscal responsibility to state taxpayers and to the members of the Retirement System to make sure that only eligible employees receive state pension benefits. That authority will not be threatened by lawyers filing lawsuits.