State Comptroller Thomas P. DiNapoli today announced his office revoked the New York State and Local Retirement System membership of three attorneys and rescinded retirement system service credit for two other attorneys and an accountant. The actions are part of DiNapoli’s ongoing review of the Retirement System.
“We’re moving forward, case by case,” DiNapoli said. “We’re conducting a rational, in-depth examination to make sure pensions are only going to those people who have earned them. And we’ll make sure that local taxpayers are made whole.”
DiNapoli revoked retirement system membership for Niagara Falls attorney Maria Massaro, Long Island attorneys William Cullen and Nathan Swergold, and Capital District attorney M. Cornelia Cahill. He rescinded service credit for attorney Maureen Harris, also from the Capital District, and Salvatore Evola, an accountant from Long Island.
A review by DiNapoli’s office determined the Niagara Falls City School District incorrectly classified Massaro as an employee rather than an independent contractor. The district reported Massaro worked 260 days in one year, but she did not turn in time sheets. In addition, Massaro did not maintain an office at the district but instead worked out of a private law firm. The district also paid $95,000 to the law firm for services performed by Massaro’s father and another attorney as independent contractors.
Harris and Cahill were both members of the Girvin and Ferlazzo law firm, and were reported as employees by the Hamilton-Fulton-Montgomery BOCES. Last month, DiNapoli took action against four other members of that firm. Cullen was wrongly reported as an employee by two Long Island public libraries and the Franklin Square Union Free School District, according to DiNapoli’s auditors. The auditors also found that Swergold and Evola were wrongly reported as employees by the Hempstead Sanitary District 1 in Nassau County.
Last month, DiNapoli’s office suspended the pensions of two Long Island attorneys and revoked membership and/or retirement credit for several other attorneys. DiNapoli added that his office would recover pension benefits paid out to wrongly classified individuals who have already retired. DiNapoli sent letters to the individuals involved advising them of his actions. Earlier this month, DiNapoli announced strengthened regulations to provide clarification and guidance for local governments when they determine who is an employee.
DiNapoli’s office is providing assistance to help participating local governments determine whether an individual should be considered an employee or an independent contractor. Those municipalities needing assistance should call 518-474-1101.
