Office of the New York State Comptroller

 

Comptroller Thomas P. DiNapoli’s
Actions to Reform the Retirement System

2009

  • January 13 - State Comptroller Thomas P. DiNapoli rescinded the New York State and Local Retirement System service credit of Central New York attorney John Mowry and a Long Island attorney A. Thomas Levin because they were erroneously reported as employees by school districts and municipalities.

2008

  • December 22 - DiNapoli releases an audit that found the Olympic Regional Development Authority incorrectly reported its general counsel, John Cansdale, as an employee to the New York State and Local Retirement System when he actually served as an independent contractor and worked full-time for another state agency.
  • December 11 - DiNapoli announced his office revoked the New York State and Local Retirement System memberships of one Long Island attorney and rescinded service credit of four additional attorneys because they were erroneously reported as employees by school districts, boards of educational cooperative services, special districts and municipalities.
  • November 24 - DiNapoli revoked Retirement System membership of Long Island attorney George Lipp and informs Lipp he must repay $82,000 in pension benefits.
  • October 8 - DiNapoli announced that his office revoked the Retirement System memberships of three Long Island attorneys and rescinded service credit of a fourth attorney because they were erroneously reported as employees by a school district and municipalities.
  • September 25 – DiNapoli created the Retirement Compliance Unit to systematically ensure that only individuals who are entitled to a state pension get a state pension and to make sure that the information reported to the Retirement System is accurate. In addition, DiNapoli announced new reporting regulations that will increase accountability and transparency in how information is reported to the Retirement System for local elected and appointed officials.
  • September 22 – As of this date, DiNapoli’s office revoked the memberships or rescinded service credit of 35 individuals. In addition, DiNapoli’s office reviewed 680 individuals and decided to take no action. Collectively, $950,000 is owed to the New York State Common Retirement Fund by several retirees who actually worked as independent contractors.
  • September 5 - DiNapoli revoked the Retirement System memberships of Long Island attorney Carol Hoffman and Erie County attorney Phillip Brothman because they were erroneously reported as employees by school districts. DiNapoli also notified Brothman that he must repay $24,077 in pension benefits to the Retirement System.
  • August 27 - DiNapoli's office notified two Long Island attorneys, Albert D’Agostino and Lawrence Reich, that they must repay the Retirement System for pension benefits that were erroneously paid to them. In addition, DiNapoli’s office revoked the membership of three other attorneys and rescinded service credit of two more attorneys from across New York.
  • August 20 - DiNapoli revoked the New York State and Local Retirement System membership of three attorneys and rescinded service credit of three other attorneys from around New York.
  • July 22 - DiNapoli revoked the New York State and Local Retirement System membership of one attorney and rescinded service credit of four other attorneys from across upstate New York.
  • June 13 - DiNapoli revoked the Retirement System membership of three attorneys and rescinded service credit of another attorney. All of the attorneys work for a Johnson City law firm.
  • May 14 - DiNapoli responds to a lawsuit that challenges the Comptroller’s ability to take action on individuals who were wrongly classified as employees rather than independent contractors. DiNapoli states he is confident the court will find in favor of the Comptroller’s Office’s right to ensure that no one has been inappropriately granted state pension benefits.
  • May 7 - DiNapoli revokes the Retirement System memberships of three attorneys and rescinded service credit of two other attorneys and an accountant. The individuals reside in Niagara Falls, Long Island and the Capital District.
  • April 25 - DiNapoli suspends the annual pension of Long Island attorney Albert D’Agostino.
  • April 17 - DiNapoli revokes four Girvin and Ferlazzo attorneys’ membership in the Retirement System and revoked five years of service credit for another lawyer from the same firm, which is based in Albany. All were incorrectly reported as employees to the Retirement System by Hamilton-Fulton-Montgomery BOCES. 
  • April 3 - DiNapoli announces regulations for the Retirement System that more clearly define how local governments and school districts should classify professional service providers as employees or independent contractors, and require local governments to certify that newly hired professional employees are entitled to Retirement System benefits.
  • March 7 - DiNapoli releases the audit on Lawrence Reich that finds five Long Island school districts incorrectly classified Reich as an employee rather than an independent contractor.  Reich’s pension is suspended.
  • February 13 - State Comptroller Thomas P. DiNapoli’s office starts an audit of Long Island attorney Lawrence Reich’s arrangements with five school districts to determine if Reich was inappropriately classified as an employee.