Fumo's fuzzy financial future
If convicted, the Phila. senator might lose most of an estimated $104,000 in yearly pension benefits.
HARRISBURG - When he leaves office at the end of November, State Sen. Vincent J. Fumo can begin collecting about $104,000 in annual pension payments - nearly $30,000 more than he now makes as a lawmaker.
Unless, that is, the Philadelphia Democrat is convicted of theft or obstruction of justice at his corruption trial scheduled for September.
If that happens, Fumo, who will celebrate his 30th anniversary in the Senate next week, would forfeit most of his state pension in what would mark yet another financial blow to one of the legislature's wealthiest and most powerful members.
Fumo, 64, announced March 12 that he was abandoning his bid for another term because of the "cloud hanging over my head." He was referring to the 139 federal charges against him.
Fumo's annual pension of $104,000 is an Inquirer estimate based on information obtained from the State Employees' Retirement System under the state's Right to Know law. The information includes years of service and his annual salaries.
When Fumo leaves office, he will have served 301/2 years in the Senate. Also factoring into his pension are six earlier years when he worked as a state bureaucrat.
If convicted, Fumo would get to keep the payroll deductions he invested in the pension system, but not any accrued interest, which makes up the vast majority of retirement benefits. It is unclear how much the principle is; such details are not public information for active members of the pension system.
Attempts to reach him and his press aides for comment were unsuccessful.
Ken Snyder, who was Fumo's media consultant until the senator decided not to seek reelection, said attempts to predict whether Fumo would lose his pension were "gratuitous speculation and forced hypothetical, which doesn't merit a response."
Yet, this month, as he was recuperating from a heart attack, Fumo complained to others about the prospect of losing his pension. He viewed it as another financial hit facing him.
He has publicly lamented his mounting legal bills. Although a legal defense fund has been set up in his name, he has seeded it with $750,000 of his own money, aides have said.
And for months, he has been trying to sell his Spring Garden mansion to pay off his attorneys. There haven't been any takers, even though Fumo has dropped his $7 million asking price by $1 million.
If convicted, Fumo also likely would lose his license to practice law. A member of the Pennsylvania bar since 1972, Fumo had been paid as much as $1 million annually in recent years as a rainmaker for the Philadelphia firm Dilworth Paxson. When he was indicted, he took a paid leave of absence from the firm.
Lawmakers forfeit their pensions upon conviction for certain crimes that relate to their official capacity. The long list of offenses includes theft and obstruction of justice - the bulk of the charges against Fumo.
Fumo was indicted in February 2007 and accused of spending more than $2 million from two nonprofits and state taxpayers to support a lavish lifestyle. Fumo, prosecutors say, grew addicted to "other people's money."
Fumo has denied any wrongdoing and is vigorously fighting the charges.
Not all lawmakers in legal trouble lose their pensions. Such was the case with former Rep. Frank LaGrotta (D., Lawrence). He pleaded guilty in February to conflict-of-interest charges for putting two relatives on his legislative payroll. He gets to keep his pension because those charges aren't among the crimes for which lawmakers must forfeit their benefits.
Lawmakers typically cannot earn more in pension than they did in office. But Fumo's case is an anomaly.
Annual pensions are capped at a lawmaker's highest year of earnings, and in 2005 Fumo was one of many lawmakers to accept the controversial legislative pay raise. He later returned the money, but it nonetheless increased his salary for that year to six figures, thereby also raising his possible annual pension.
Fumo stepped down from his leadership role as the ranking Democrat on the Appropriations Committee just before his indictment was announced, dropping his salary considerably. As a leader, he was making about $93,000. Now, he is being paid the same as rank-and-file lawmakers, $76,163.
Eric Epstein, a Harrisburg activist and founder of RockTheCapital.org, said the prospect of losing a pension is appropriate when lawmakers run afoul of the law.
"By forfeiting your pension, politicians will come to understand that avarice will no longer be rewarded," he said.
Contact staff writer Mario F. Cattabiani at 717-787-5990 or mcattabiani@phillynews.com. Inquirer staff writer Craig R. McCoy contributed to this article.
Contact staff writer Mario F. Cattabiani at 717-787-5990 or mcattabiani@phillynews.com. Inquirer staff writer Craig R. McCoy contributed to this article.


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