One hundred and twenty five retired New Jersey law enforcement officers employed by county and state prosecutors rake in $18.5 million a year — $8.6 million in retirement pay plus $9.9 million in salaries — even though state pension re-employment rules set specific conditions for "bona fide" retirement.
For a list of double dippers and how much they take, go to New Jersey Watchdog.
For example at age 48, Michael J. Trahey retired as the Bergen County prosecutor's chief deputy in 2004. The next day, he was back on the prosecutor's payroll with a different job title.
Thanks to his one-day "retirement," Trahey pockets $207,000 a year. He receives $92,000 in pension pay plus $115,000 in salary.
According to New Jersey Watchdog's research, the prosecutors' double-dippers include:
* 56 retired municipal and county officers who work for county prosecutors;
* 37 retired state police officers employed by county prosecutors;
* Nine retired municipal and county officers on the payroll of the state Attorney General's Division of Criminal Justice; and
* 23 retired state officers who work as investigators and supervisors for DCJ and the Office of Attorney General, as first reported Dec. 6 by New Jersey Watchdog.
While their individual circumstances vary, they have one thing in common — two checks. On average, each receives nearly $148,000 per year — $79,000 in salary plus $69,000 in pension pay.
The average age of retirement is 49. Unlike other public employees in New Jersey, they qualify for "special" retirement after 25 years of service regardless of age, according to Police & Firemen's Retirement System and State Police Retirement System rules.
Many retired officers work for prosecutors as investigators, detectives or supervisors. But the most common job title is "prosecutor's agent," a supposedly low-ranking, unclassified position with duties that vary from county to county. The job, exempt from pension rules, is often regarded as a patronage plum to put a friend or ally on the county prosecutor's payroll.
"Prosecutor's agents are full-time employees, who are generally retired police officers or recent college graduates … with the responsibility of assisting the prosecutor's detectives and assistant prosecutors with daily activities" states the Ocean County prosecutor's website.
However, one of the Ocean County prosecutor's agents is an 83-year-old retired judge drawing a $40,000 salary.
Fifty-five retired officers, including Trahey, are employed as prosecutor's agents. Trahey assumed that title on Jan. 2, 2004, one day after he retired as the Bergen County prosecutor's deputy chief.
"Did I retire and start up right afterwards? I absolutely did," said Trahey. While he ranks as one of eight prosecutor's agents on Bergen's payroll, Trahey said he really functions as the prosecutor's "chief executive," supervising information technology and special projects.
According to Trahey, state pension officials gave him a "written approval" to start the new job immediately after retirement. He would not agree to provide a copy to New Jersey Watchdog.
As a one-day retiree, Trahey has collected more than $700,000 in pension pay on top of his salary. He is far from alone.
Sixty-three of the 125 officers — just over half — "retired" for less than a month before going back to work. Forty-one of those were off work for one day or less. In 13 instances, the employees started their new jobs before they officially retired.
The quickie retirements appear to flout state pension rules. A retirement is only "bona fide" if "there is a good faith action to retire" and if "the employer/employee relationship is completely severed," including "a cessation of employment of at least 30 days," according to the SPRS and PFRS handbooks.
If a retirement is not "bona fide," the employee is "required to reimburse the retirement system for the amount of any retirement benefits," and "there is no limitation on the amount of reimbursement" under pension rules.
Despite these rules, the double-dippers are unlikely to give up their dual checks or repay millions to state pension funds. That's because the attorney general and pension boards advised by the attorney general play key roles in interpreting and enforcing pension laws in New Jersey.
