Why is Eric Schneiderman getting a $64,000-a-year pension?

Jon Campbell | Albany Bureau

Show Caption Hide Caption NY Attorney General Schneiderman seen leaving home Former New York Attorney General Eric Schneiderman was seen leaving his apartment for the first time Wednesday after claims that he used physical violence against women were reported by The New Yorker. (May 9)

ALBANY - Former state Attorney General Eric Schneiderman, who resigned in May after multiple women accused him of physical assault, is in line to receive at least $63,948 a year from the state for the rest of his life.

Schneiderman, 63, filed for retirement in early June and received his first pension payment in the later part of the month, according to the state Comptroller's Office.

He's likely to continue receiving his full pension from the state regardless of whether he's charged with any domestic-abuse crimes as a special prosecutor investigates his case, though there may be a caveat.

Why? Follow along.

What did Schneiderman do?

First, a refresher.

Schneiderman is a Democrat who had positioned himself as a champion of the #MeToo movement and raised his national profile by aggressively challenging President Donald Trump's administration in the courts.

He abruptly resigned on May 7 after The New Yorker published accounts from women who said Schneiderman slapped, choked or otherwise degraded them.

Schneiderman has said he "strongly contest(s)" the allegations against him.

Why is he getting a pension?

Every state employee gets a pension. It's outlined in the New York state Constitution.

Schneiderman was a state employee for about 21 years.

His $63,948-a-year pension is in line with what the Times Union of Albany estimated he would get based on his years in the pension system and his final salary of $151,000.

He filed his official retirement papers on June 5, according to the state Comptroller's Office. (That was first reported by the New York Law Journal.)

Can Schneiderman's pension be revoked?

It's not likely.

New York's Constitution allows a judge to strip elected officials and top appointees of their pension, but only if they've been convicted of a felony with a "direct and actual relationship" to their job duties.

And even then, it only applies to crimes that were committed after Jan. 1, 2018, when that portion of the state Constitution took effect after voters approved it last November.

So far, Schneiderman hasn't been charged with any crimes, much less convicted. And a judge would have to make a very broad reading of the state Constitution to try to revoke or reduce his pension based on domestic-violence crimes.

One possible caveat: The New Yorker article did raise questions about Schneiderman's use of his security detail to transport himself and women in social situations.

If he were to be convicted of a crime related to his use of state resources and the conduct was after Jan. 1, then his pension could potentially be in play.

Is Schneiderman under investigation?

Yes.

In May, Gov. Andrew Cuomo tapped Nassau County District Attorney Madeline Singas to serve as special prosecutor to investigate Schneiderman's conduct.

Cuomo specifically directed Singas to look into the abuse claims against Schneiderman and whether he used any state resources to facilitate meetings with women.

He outlined his order in a May 8 letter to Singas and then-acting Attorney General Barbara Underwood.

"In addition to investigating the specific allegations outlined against Schneiderman in the article, the Special Prosecutor shall investigate facts in the article suggesting that the Attorney General staff and office resources may have been used to facilitate alleged abusive liaisons referenced in the article," Cuomo wrote.

JCampbell1@Gannett.com

Jon Campbell is a correspondent with USA TODAY Network's Albany Bureau.

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