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Federally Charged Judges' Pension Funds in Question

Federally Charged Judges' Pension Funds in Question - Tuesday, January 27, 2009 at 9:50PM EST

WILKES-BARRE, LUZERNE COUNTY- When judges Mark Ciavarella and Michael Conahan go to jail they might not be collecting retirement money.

The Pennsyvlania State Employment Retirement System, or SERS, follows state crime guidelines to decide a loss of pension. SERS spokesman Robert Gentzel says, "It's not a question of public opinion, it's not a question of our opinion. It's a question of the law. It's a matter of waiting to see what exactly the individual has been convicted of and then conducting and examination of the record and the legal analysis."

On Monday, federal prosecutors said Conahan and Ciavarella had 10 days to turn themselves in. Prosecutors say the two agreed to spend a little more than 7 years in federal prison.

Ciavarella and Conahan are charged honest services wire fraud and conspiracy to defraud the United States. Prosecutors say they compromised the county juvenile court system and hid some 2.6 million dollars from financial records.

They apparently have also agreed to be disbarred. That could be the deciding factor. SERS says a specific guideline states no retirement benefits will be paid to a judge who is removed due to a felony conviction. Gentzel says, "Judges in those circumstances shall not get any further compensation including retirement benefits. So it applies to pensions as well.”

It's not clear how much money Ciavarella and Conahan have in their pension fund. A decision on their pensions won't take place until they are both sentenced.
 


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