A question about Duke-stirs pension.

[Dr.Phool]

I know he's going to collect it. But can he collect it while he's doing his time?

I ask because, back during the Reagan administration, they passed a punitive law, that said anyone collecting a federal pension, could not collect while incarcerated for a felony. I know that it applies to Social Security, and my Railroad Retirement, but how about Congress?

[MADem]

1. This link might help

http://www.nctimes.com/articles/2005/11/30/news/top_stories/20_57_3111_29_05.txt

It won't be a financial picnic for Cunningham, who faces a $350,000 fine, must return more than $1.8 million in bribes and will lose many assets obtained through illegal acts, including his Rancho Santa Fe home, according to the his plea agreement with the government.

But his pension benefits and military retirement aren't going anywhere, officials said.

"Based on the information that's out there, we have nothing to indicate that there would be any loss of pension benefits," said Orenstein, whose office administers the federal government's retirement program.

In addition, he said that Cunningham and all federal retirees are eligible to continue receiving health coverage as long as they continue paying premiums.

Cunningham also has retirement pay coming from his yeas as an Navy ace.

According to the U.S. Department of Defense, Cunningham is entitled to earn 52 percent of his salary after 21 years of service in the Navy. When Cunningham retired from the Navy in 1987, he had attained the rank of commander.....

[Geoff R. Casavant]

2. A way to get back his military pension

If he's a retiree, he is technically still subject to the Uniform Code of Military Justice and may be brought back on active duty for the purpose of court-martial. No legal impediment, it only requires the will.

[MADem]

4. They almost never do that, but yes, you are right, they could

I know a little something about how it works, seeing as I collect one of those pensions!

Generally, if the officer has served HONORABLY then they retire at the paygrade where they last had honorable service. I won't go into the crap old Duke pulled on active duty, but suffice it to say he failed to select for Captain, and that is why he left the service. He was not the best and the brightest, he drank a lot and fancied himself a ladies' man, and he of course got lucky and shot down a few North Vietnamese planes--no Snoopy versus the Red Baron scenario, those! But his behavior was excused, covered up, ignored, so that is all water under the bridge. His retirement stands at 0-5, honorable.

You know how occasionally in the news you see some senior officer, a general or an admiral, who gets bagged schtupping a subordinate? They take away their lineal numbers, and retire them at the grade they last served HONORABLY (i.e. the paygrade they did not get CAUGHT at!). With stars, they are usually reduced to COLONEL/USN CAPT. The little flag/general club can't let even a former member go hungry! And they figure the DISGRACE is enough...

This guy was only an 0-5--it's just not worth trying to pull him back and play that game. They'd have to do it for retired Navy Captain Ed Schrock (google him if you do not know of whom I speak) and a number of others in public life, and then we'd be in the realm of selective enforcement.

The USMC is fond of going after the odd heinous spouse/child murderer, but the practice generally only occurs if there is a great hue and cry in the media, and it is very rare.

Old Duke will be able to keep the roof over his family's head with his pensions, but he won't be living large. You can get by on them in pricy California if you live carefully, but no more gassing up the Rolls and going for a spin to wine country for him or his!! And they may have to step down a bit in terms of their neighborhood...oh well!

[Geoff R. Casavant]

6. A couple points

First, thanks for your service, you earned the pension.

Second, thanks for the info re: Cunningham.

And third, thanks to those wide-casting federal forfeiture laws, old Duke may not have that roof much longer.

[MADem]

7. Ha! Is Florida still exempt? Maybe he can get a hurricane fixer upper!

Or OJ might not mind a crook for a neighbor, if old Duke can afford the neighborhood!!!

Cheers!

[realFedUp]

3. and what's in his wife's name?

will she open a consignment shop like Mrs. Ken Lay did?
and speaking of mrandmrs ken lay....

[MADem]

5. Yeah, they'll be in the nursing home before they ever go to trial, the way

that whole business has been delayed.

Monkey wants to wait until after the O6 elections, I think--so they are stalling for time. Imagine the hue and cry if the little thief was pardoned ahead of the elections!!!