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AG says current governor can strip McDonnell pension benefits now
AG says current governor can strip McDonnell pension benefits nowPosted: Friday, July 31, 2015 10:15 pm
BY MICHAEL MARTZ Richmond Times-Dispatch
mmartz@timesdispatch.com
(804) 649-6964
@mmartzRTD
An attorney general’s opinion on Friday cleared the way for Gov. Terry McAuliffe to strip the state pension benefits of his predecessor, former Gov. Bob McDonnell, without waiting for the end of appeals of the former governor’s felony corruption conviction.
Attorney General Mark R. Herring advised that the governor is the ultimate employer of all statewide employees, including statewide elected officials, and can carry out a law that McDonnell signed in 2011 to take away the retirement benefits of former state employees convicted of felonies committed in the course of their duties on or after July 1, 2011, when the law took effect.
....
The law requires written notice to be served on the former employee, who can appeal to circuit court to void the forfeiture. ... Anthony F. Troy, a former attorney general who represents McDonnell, said Friday that he had not yet read the opinion but expects to discuss the issues involved with McAuliffe’s office.
....
Troy questioned whether McAuliffe, as employer, is required to apply the law and also whether the law can apply retroactively to benefits the former governor accrued before the statute took effect. McDonnell worked in public service about 28 years — as governor, attorney general, a member of the House of Delegates for 14 years, an assistant commonwealth’s attorney, and a U.S. Army officer.
BY MICHAEL MARTZ Richmond Times-Dispatch
mmartz@timesdispatch.com
(804) 649-6964
@mmartzRTD
An attorney general’s opinion on Friday cleared the way for Gov. Terry McAuliffe to strip the state pension benefits of his predecessor, former Gov. Bob McDonnell, without waiting for the end of appeals of the former governor’s felony corruption conviction.
Attorney General Mark R. Herring advised that the governor is the ultimate employer of all statewide employees, including statewide elected officials, and can carry out a law that McDonnell signed in 2011 to take away the retirement benefits of former state employees convicted of felonies committed in the course of their duties on or after July 1, 2011, when the law took effect.
....
The law requires written notice to be served on the former employee, who can appeal to circuit court to void the forfeiture. ... Anthony F. Troy, a former attorney general who represents McDonnell, said Friday that he had not yet read the opinion but expects to discuss the issues involved with McAuliffe’s office.
....
Troy questioned whether McAuliffe, as employer, is required to apply the law and also whether the law can apply retroactively to benefits the former governor accrued before the statute took effect. McDonnell worked in public service about 28 years — as governor, attorney general, a member of the House of Delegates for 14 years, an assistant commonwealth’s attorney, and a U.S. Army officer.
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