Tag Archives: Comptroller Thomas P. DiNapoli

See You at the New York State Fair

The Great New York State Fair is back and NYSLRS will be there.

The 18-day celebration of everything New York begins Friday, August 20, and runs through Monday, September 6 (Labor Day). Our information representatives will be at the fairgrounds in Syracuse to help members and retirees with their retirement planning and benefit questions. You’ll also be able to pick up retirement plan brochures and forms, request an estimate that will be mailed to you and get help registering for a Retirement Online account.

The NYSLRS booth will be in the Center of Progress Building, building 6 on the State Fair map, near the Main Gate.

father and son discuss power of attorney

Find Unclaimed Funds at the State Fair

OSC’s Office of Unclaimed Funds booth will be in the same building. An unclaimed fund is lost or forgotten money, perhaps in old bank account or insurance policy, that has been turned over to the State. See if any of that money is yours. So far this year, State Comptroller Thomas P. DiNapoli and the Office of Unclaimed Funds have returned more than $253 million.

Special State Fair Days

Friday, August 20

  • Opening Day

Monday, August 23

  • Fire & Rescue Day — Free admission for active and retired members of fire departments and emergency services organizations

Wednesday, August 25

  • Women’s Day — $1 admission for women ages 13-64 (Children 12 and under and seniors 65 and over are always free.)

Friday, August 27

  • Pride Day – The LGBTQ event includes a flag-raising ceremony at 10:30 am

Monday, August 30

  • Comptroller DiNapoli Visits the Fair — He is trustee of the New York State Common Retirement Fund and is the administrator of NYSLRS. He’ll be stopping by the NYSLRS booth during the day.
  • Law Enforcement Day — Free admission for active and retired law enforcement and corrections personnel

Thursday, September 2

  • Armed Forces Day — Free admission for active duty or veterans

Monday, September 6

  • Labor Day – Show your support of working women and men at the Fair’s Labor Day rally

Note: ID required for free admissions listed above. For details, check out the complete schedule of Special Fair Days.

Comptroller DiNapoli’s Fight Against Pension Fraud

Since taking office in 2007, Comptroller Thomas P. DiNapoli has been committed to fighting public corruption and protecting the New York State and Local Retirement System from pension fraud.

fighting pension fraud

Teamwork

Comptroller DiNapoli, through his Division of Investigations, partners with federal, state, and local law enforcement at every level of government. The Division’s pension fraud investigations have resulted in dozens of arrests and convictions and the recovery of nearly $3 million dollars.

The Retirement System’s Pension Integrity Bureau (PIB) is responsible for recovering erroneously paid pension benefits. In many cases, this is due to the survivors’ failure to report the death of a retiree in a timely manner, but some cases involve schemes to conceal the retiree’s death to continue pocketing pension payments. When PIB comes across apparent criminal activity, it refers the case to the Division of Investigations.

Recent Cases

In June 2021, an Ontario County woman pleaded guilty to grand larceny for stealing $2,076 that was intended for a deceased friend. The woman and her friend, who was retired from the Tonawanda Public Works Department, had a joint bank account. After his death, the woman unlawfully withdrew his pension payment and $3,216 in Veterans Affairs benefits and closed the account.

That same month, an Orange County woman was arrested and charged with grand larceny for allegedly stealing her late mother’s pension payments. She attempted to hide her mother’s death from NYSLRS and more than $50,000 in pension payments were deposited into a joint account after her mother’s death. The woman allegedly used the money to pay bills and make personal purchases, including fast food, liquor, clothing, gas and entertainment.

Other Notable Cases

Some people have taken elaborate measures to keep the pension payments coming in. For example, there was the Queens man who left his father’s body in a morgue for more than a year while he siphoned off $7,542 in pension payments and $17,790 in Social Security from his father’s bank account.

In many instances, the pension fraud involves substantial amounts of money which can lead to serious penalties for those who get caught. A few years ago, a Florida woman was sentenced to 2-to-6 years in State prison after she was convicted of stealing more than $120,000 in pension payments after her uncle’s death. She sent false information to his bank indicating he was still alive, then used her power of attorney to withdraw pension payments for several years.

Then there was the man who impersonated his dead brother in order to collect more than $180,000 in pension benefits. The Retirement System learned of the brother’s death and stopped payments to a trust account the man controlled. The man phoned the NYSLRS Call Center pretending to be his deceased brother demanding his money and insisted he was alive. The ploy failed and he was sentenced to 6 months in jail and 5 years probation. He also signed a $180,140 judgment and had to repay NYSLRS.

Your Pension Fund is Secure

The Pension Fund, which provides the money for pension payments and was valued at an estimated $254.8 billion as of March 31, 2021, has long been recognized as one of the best-managed and best-funded public pension funds in the nation. The State Comptroller’s ongoing effort to combat pension fraud and abuse is just one more reason that the Fund remains safe and secure.

New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555.

A Century of Security and Stability

A century after its creation, the New York State and Local Retirement System (NYSLRS) is widely recognized as one of the best-managed and best-funded public pension systems in the nation. Comptroller DiNapoli recently announced that the New York State Common Retirement Fund (Fund), which holds and invests the assets of NYSLRS, had an estimated value of $268.3 billion as of June 30, 2021. The security and stability of NYSLRS and the Fund are due, in large part, to the stewardship of Comptroller DiNapoli, as well as a long line of State Comptrollers that came before him. The System has also been bolstered by some key events along the way.

NYSLRS History - key events contributing to the security and stability of the Retirement System and the Fund

In the Beginning

NYSLRS’ security and stability were built in at the start. In 1918, the State Legislature created the Commission on Pensions and charged it with recommending a pension system for State workers.

After surveying pension plans in New York and other states, the Pension Commission recognized the need to calculate the cost of the pension plan through actuarial calculations, which take into account such things as employees’ salaries and how long they are expected to be retired. They also saw the need to make provisions to cover those costs through contributions and other income. They recommended a plan supported by the contributions of employers (New York State and, eventually, local governments) and employees. The improved actuarial calculations the System uses today helps to ensure that member contributions and employer annual contributions are sufficient to keep the System adequately funded.

The Pension Commission also recommended a service retirement benefit be made available to workers who reached a certain age, based on average earnings and years of service. Though they didn’t use the term, their pension plan was very similar to the defined-benefit plan NYSLRS members have now.

Unlike the 401k-style defined-contribution plans common in the private sector today, a defined-benefit plan provides a guaranteed, lifetime benefit. With a defined-benefit plan, you don’t have to worry about your money running out during retirement, and your employer has an excellent tool for recruiting and retaining workers.

Constitutional Protection

In 1938, New York voters approved several amendments to the State Constitution, including Article 5, Section 7, which guarantees that a public pension benefit cannot be “diminished or impaired.” This constitutional language protects the interests of the Fund and its members and beneficiaries, ensuring that the money the Fund holds will be there to pay the pensions for all current and future retirees. The courts have upheld this constitutional provision to protect the Fund several times over the years.

For NYSLRS members and retirees, that means the retirement benefits you were promised when you started your public service career cannot be reduced or taken away.

Sound Investments

Sound investments are crucial to the health of the Fund, but in some cases changes in the law were needed to give Fund managers the flexibility to make the best investments. In 1961, the Fund was allowed to invest in the stock market, opening up the door for growth opportunities. Roughly half of the Fund’s assets are currently invested in stocks.

In 2005, the Legislature expanded the types of investments the Fund could make, allowing the Fund to increase investments in real estate, international stocks and other sectors that had been providing high returns.

Today, under Comptroller DiNapoli’s leadership, the Fund’s investment returns cover the majority of the cost of retirement benefits. After suffering a drop in value at the beginning of the COVID pandemic, the Fund had its best year in history, with estimated investment returns of 33.55 percent for fiscal year 2021.

NYSLRS is well-positioned to face the challenges of the future and provide retirement security for more than 1.1 million members, retirees and beneficiaries.

15-Day Notice for Retirement Waived During COVID-19 Emergency

The 15-day waiting period for a NYSLRS member’s retirement to take effect has been temporarily waived by a governor’s executive order. The waiver, which was requested by Comptroller DiNapoli, is designed to protect families who may lose a loved one to COVID-19 before a member’s retirement is official.

Under the waiver, if you plan on filing for retirement through July 5, 2021, you can choose a date of retirement less than 15 days away.

15-day notice waived

Members seeking to service retire should also choose a pension payment option. This is especially important if you wish to name a beneficiary to receive a pension benefit in the event of your death.

Eligible members can file for retirement, choose a date of retirement as early as the next day, and upload retirement-related documents using Retirement Online.

If you choose to file a paper retirement application, you can choose a specific retirement date, or enter “ASAP” and your date of retirement will be the day after your filing date. Find more information about filing for retirement (online or by mail) in our recent blog post, Retirement Online Makes Applying for Retirement Fast, Easy.

A member may withdraw their service retirement application up until the day before they retire.

The waiver will also be effective for members who filed after March 7, 2020 and died due to COVID-19. If these members selected a pension payment option that provides a continuing pension benefit for a beneficiary after their death, and they died of COVID-19, their beneficiary will receive the monthly benefit under the pension payment option that the member chose.

“Many government workers are battling the coronavirus in their communities every day,” New York State Comptroller Thomas P. DiNapoli said. “God forbid something should happen to them before their retirement becomes effective. Waiving the waiting period after filing for service retirement benefits ensures their families will get the benefits that were intended for them. My thanks to Governor Cuomo for acting on our request and taking steps to protect our heroic state and local workers and their families in these tough times.”

The executive order waives the legal requirement that a NYSLRS member’s retirement application be received by the Office of the State Comptroller at least 15 days before their retirement date.

To be eligible for a service retirement benefit, a vested NYSLRS member must be at least 55 years old, unless they are in a special plan that allows retirement after 20 or 25 years regardless of age. For details about NYSLRS service retirement benefits and death benefits, please check your retirement plan booklet, which you can find on our Publications page.

Members who are not yet eligible for a service retirement benefit may want to read our recent blog about applying for a disability retirement benefit.

DiNapoli Continues to Fight Against Pension Fraud

Comptroller Thomas P. DiNapoli’s efforts to prevent and stop pension fraud help protect the integrity of NYSLRS and the retirement security of its members and beneficiaries.

The Comptroller’s Office works with law enforcement and local prosecutors to help root out pension fraud. Over the last several years, these investigations have led to dozens of arrests and the recovery of millions of dollars.

DiNapoli Continues to Fight Against Pension Fraud

Recent Pension Fraud Cases

  • A Dutchess County woman failed to notify NYSLRS about her mother’s death and continued to collect her mother’s pension checks. She collected nearly $42,000 before she was caught, and pleaded guilty to petit larceny in July 2019. She was sentenced to three years’ probation and has agreed to pay full restitution.
  • A Westchester County woman kept her deceased mother’s deposited pension checks and spent the money on personal expenses, including cellphone and utility bills. The amount she stole from the retirement system totaled $60,288. She pleaded guilty to a felony grand larceny charge and was sentenced to five years’ probation. She also paid back $22,000, part of her requirement to make full restitution.
  • Two Westchester County sisters are accused of concealing their mother’s death to collect nearly $22,000 of her retirement benefits from 2013 to 2015. They’re charged with third-degree grand larceny, a felony.

Comptroller DiNapoli is also committed to fighting public corruption in state and local government. He partners with law enforcement to bring corrupt officials to justice and recoup stolen taxpayer money.

Since he took office in 2007, DiNapoli’s anti-corruption initiatives have resulted in more than 200 arrests and the recovery of $60 million in taxpayer money.

How You Can Help

The Comptroller encourages the public to report allegations of wrongdoing by:

  • Calling the toll-free Fraud Hotline at 1-888-672-4555;
  • Filing a complaint online; or
  • Mailing a complaint form to:
    Office of the State Comptroller
    Division of Investigations, 8th Floor
    110 State Street
    Albany, NY 12236.

Public Service Recognition Week

Public Service Recognition Week
This week we proudly celebrate the more than 600,000 members and 400,000 retirees of the New York State and Local Retirement System (NYSLRS) for their service to the people of New York State.

A Brief History of Public Service Recognition Week

Public Service Recognition Week was created in 1985 to honor the men and women who serve our nation as federal, state, county and local government employees. They dedicate their careers — and sometimes their lives — to keep others safe and provide for the common good. Their work makes life in our communities better.

This year, Public Service Recognition Week is being celebrated May 5 through May 11.

The Public Servants of NYSLRS

NYSLRS is full of stories about public servants finding value and meaning in the work they do, especially when they help other New Yorkers.

Whether they are protecting our communities, fighting fires, clearing our roads after snowstorms or simply helping government function better, NYSLRS members deliver the critical resources and services many New Yorkers depend on. Even outside of work, many NYSLRS members and retirees give back to our State by serving their communities as volunteers and supporters of charitable causes.

Comptroller DiNapoli’s Faith in Public Service

New York State Comptroller Thomas P. DiNapoli is the administrator of NYSLRS and trustee of the Common Retirement Fund. His public service career began when he was elected as a trustee to the Mineola Board of Education at the age of 18, making him the first 18-year-old in New York State to hold public office. Comptroller DiNapoli is understandably proud about the career path he has chosen, and he often speaks about the contributions that New York’s public employees make, not just as engaged citizens, but as individuals who bring value to the communities where they live.

Common Retirement Fund Earns Strong Investment Returns

The New York State Common Retirement Fund (Fund) holds retirement investments in trust for more than 1 million New York State and Local Retirement System (NYSLRS) members. In the State fiscal year ending March 31, 2018, it generated strong investment returns of 11.35 percent. The Fund ended the year with an audited value of $207.4 billion.

New York State Common Retirement Fund Value

Strong Investment Returns

Independent studies regularly confirm the financial soundness of NYSLRS. Just this year, a study by the Pew Charitable Trusts ranked NYSLRS among the best-funded state retirement systems. In fact, a new State fiscal year 2018 report from our actuary ranks NYSLRS at 98 percent funded, which puts us well above the national average of 66 percent funded.

Comptroller Thomas P. DiNapoli, trustee of the Fund, credits the growth to a long term, diversified investment strategy and solid market growth through most of the fiscal year, despite a volatile fourth quarter

Investing for Retirement Security

The Fund is the country’s third-largest public pension fund. NYSLRS provides retirement security to more than 1 million active state and local government employees, retirees and their beneficiaries. During the fiscal year that ended March 31, 2018, NYSLRS paid out $11.45 billion in retirement and death benefits. More than $9.8 billion of that went to residents of New York State, which generated local spending and provided economic support to New York businesses and communities.

Investing Responsibly

While successfully providing financial security for New York’s government workers and retirees, Comptroller DiNapoli’s has also put investment dollars to work helping New York businesses grow and addressing the long-term threat of climate change.

The In-State Private Equity Program invests in New York-based business ventures, companies and other programs that spur economic growth and create and retain jobs. Recently, Comptroller DiNapoli raised the program’s total commitments to $1.6 billion. Since 2000, it has returned $863 million on $583 million invested in 139 transactions.

And recently, the Asset Owners Disclosure Project once again named the Fund as the number one U.S. pension fund — and the third globally — for its work to address climate risk. The Fund’s portfolio includes $7 billion dedicated to sustainable investments, including $4 billion in a low emissions index that shifts stock holdings away from the biggest carbon emitters.

Public Service Recognition Week

This week we proudly celebrate the more than 600,000 members and 400,000 retirees of the New York State and Local Retirement System (NYSLRS) for their service to the people of New York State.

A Brief History of Public Service Recognition Week

Public Service Recognition Week was created in 1985 to honor the men and women who serve our nation as federal, state, county and local government employees. They dedicate their careers — and sometimes their lives — to keep others safe and provide for the common good. Their work makes life in our communities better.

Congress officially designated the first week of May as Public Service Recognition Week. This year, it is being celebrated May 6 through May 12.

The Public Servants of NYSLRS

NYSLRS is full of stories about State workers and municipal employees finding value and meaning in the work they do, especially when they help other New Yorkers. The NYSLRS members that work here in the Office of the State Comptroller (OSC) are no exception.

For example, there’s Dan Acquilano, who works in the Local Government and School Accountability division of the Comptroller’s Office. He travels across the state teaching municipalities how to manage their financial operations. His efforts have helped many municipalities and school districts manage their way out of financial distress. Or, there’s Derrick Senior, who began his career as a mental health counselor. But, for the past 13 years, he’s helped keep OSC’s technology up and running at the CIO-Service Delivery Department. And, there’s Stacy Marano. She leads a team of attorneys, investigators and forensic auditors to ensure entities receiving state money – vendors, politicians, municipalities and state agencies – don’t misuse public funds. Her work helps law enforcement develop cases and root out fraud.

These are stories you may not hear about, but their work and the efforts of thousands of other public servants help make New York State a better place to live.

Public Service week collage

View more NYSLRS proud public servants

Whether they are protecting our communities, fighting fires, clearing our roads after snowstorms or simply helping government function better, NYSLRS members deliver the critical resources and services many New Yorkers depend on. Even outside of work, many NYSLRS members and retirees give back to our state by serving their communities as volunteers and supporters of charitable causes.

Comptroller DiNapoli’s Faith in Public Service

New York State Comptroller Thomas P. DiNapoli is the administrator of NYSLRS and trustee of the Common Retirement Fund. His public service career began when he was elected as a trustee to the Mineola Board of Education at the age of 18, making him the first 18-year-old in New York State to hold public office. Comptroller DiNapoli is understandably proud about the career path he has chosen, and he often speaks about the contributions that New York’s public employees make, not just as engaged citizens, but as individuals who bring value to the communities where they live.

Protecting the Pension System

Protecting the Pension SystemSince taking office, New York State Comptroller Thomas P. DiNapoli has fought against the abuse of public funds. One of his top priorities is to protect the New York State and Local Retirement System (NYSLRS) from pension scammers.

To date, DiNapoli’s investigations of retirement fraud have led to 24 arrests and the recovery of nearly $3 million in retirement funds. Here are some cases from earlier this year:

Woman Pleads Guilty to Theft of Dead Mother’s Benefits

A Madison County woman pleaded guilty to a felony grand larceny charge for collecting $67,000 of her dead mother’s NYSLRS pension checks. When her mother died in 2009, Tammy Banack did not inform NYSLRS or her bank, and her mother’s pension checks continued to be deposited in a joint checking account. Banack agreed to repay the stolen pension benefits and received five years’ probation.

Man Pleads Guilty to Stealing Pension Checks

A Brooklyn man was arrested for cashing over $22,000 of his mother’s NYSLRS pension checks after she died. Jimmie Buie pleaded guilty and was sentenced to up to three years in prison. He was also ordered to repay the money. The office of New York State Attorney General Eric T. Schneiderman assisted in this case and the Banack case.

Town Clerk Admits Faking Retirement Benefits

Following a review of monthly retirement reports, the Office of the State Comptroller discovered that a town clerk had been unlawfully using a town computer to inflate her retirement service credit. Springport Town Clerk Deborah Waldron pleaded guilty, resigned and paid fines and surcharges. Her actual hours and benefits were recalculated to ensure she does not receive extra money she did not earn.

Brother Guilty of Bank Larceny in Pension Scheme

Joseph F. Grossmann, a former Albany resident, pled guilty to Bank Larceny after he used fake documents and other schemes to collect $130,624 in his deceased sister’s name. He was sentenced to three years of probation (including one year of home confinement) and ordered to pay back the money.

To learn more about how Comptroller DiNapoli safeguards public funds, and how you can help, visit the Comptroller’s Fighting Public Corruption page. You can also read about past pension fraud investigations.