Kitzhaber Will Receive Full State Pension, Even If Convicted of Criminal Charges
Friday, February 13, 2015
Oregon Attorney General Ellen Rosenblum has launched a criminal investigation against Kitzhaber. He also faces an Ethics Commission investigation.
Oregon law protects public pensions for public officials, even if they abuse the power of office and are convicted of a crime. However, not all sates offer the same shelter to convicited public officials.
Rod Blagojevich, the former Governor of Illinois, lost his state pension he earned as governor after facing 17 felony convictions. Former Pennsylvania State Senator Bob Mellow lost his state pension after pleading guilty to federal charges of conspiracy and filing false tax returns in 2012. The same year another Pennsylvania politician, State Representative Bill DeWeese, forfeited over $2 million of his state pension after a state conviction for corruption.
“It’s not unusual around the U.S. to have those previsions as standard policy, if there are special circumstances,” said Dan Re, a pension lawyer in Bend, Oregon.
Twenty five states have pension forfeiture laws that require public officials to give up their pensions in certain circumstances, such as a criminal offense related to offcial duties.
However, Oregon has no such law. According to the Public Employees Retirement System (PERS) office, the only way to completely lose a pension is by death.
“The laws make sure the person who’s going to get [a pension] get it, no matter what they do,” Re said.
Kitzhaber's Pension
As a state employee, Kitzhaber is eligible for a pension through PERS. He signed up for the system while serving as Senate President in the state legislature, and began collecting a yearly allotment in 2006 when he turned 59 years-old.
Some of Kitzhaber’s pension could be garnished, however, under a statute passed in 2013. If a PERS member is convicted of a felony, their pension can be garnished by the court.
Kitzhaber or Hayes could be facing federal investigation, according to the Willamette Week. An article on Jan. 9 said the FBI was investigating the couple. Kitzhaber said he had not been contacted by the FBI during a press conference held on January 30.
Re said Oregon should consider creating laws and provisions to stop letting public officials benefit from corruption when they misuse their office.
However, changing the system can be difficult when most state lawmakers are PERS members, Re said.
“Laws should look at the specific circumstances where a person uses their pension to represent all of the people and then uses that to benefit themselves financially. They shouldn’t benefit from that,” Re said.
Related Slideshow: What Governor Kitzhaber Said at His Jan. Cylvia Hayes Press Conference
Governor John Kitzhaber held a press conference on Jan. 30, 2015, where he fielded questions surrounding his fiancé and Oregon’s “First Lady” Cylvia Hayes.
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