At least 4 'retired' lawmakers are on the job, including Assemblyman James Holzapfel (R-Ocean) who has been reelected four times since he 'retired' in 2004 Watch video
TRENTON — Days after the revelation that Essex County Executive Joseph N. DiVincenzo Jr. is simultaneously collecting a pension and a salary for the same job, the state’s political establishment came down hard and fast on one of its own Monday.
Lawmakers on both sides of the aisle called for an end to the loophole he used to "retire" and keep working the same job. And Gov. Chris Christie, who had been largely silent on DiVincenzo’s "retirement," pitched in by criticizing his key political ally as flat-out wrong to collect pension before leaving office.
"I don’t understand how you can retire from the job and stay in the job," he said. "Only in New Jersey."
A Star-Ledger review of Treasury records shows at least four lawmakers are doing pretty much the same thing as DiVincenzo: they "retired" from elected positions and started collecting a pension while continuing to keep their job. It’s legal because state law lets public employees retire while still holding elected office, as long as they previously held a different public job.
Assemblyman James Holzapfel (R-Ocean) has been reelected four times since he technically "retired" from the Legislature in 2004. His pension is $42,787 a year.
Sen. Loretta Weinberg (D-Bergen) started collecting her $40,746 annual pension last year. Assemblyman Ralph Caputo (D-Essex) "retired" as Essex County freeholder in June to collect an annual pension of $11,630.
And Assemblyman Sam Thompson (R-Monmouth) filed his retirement papers in 2005 and collects a $51,504 annual pension.
"I’m doing the same as millions of people who retire every year, and seek a second career," Thompson said.
All four earn $49,000 each as lawmakers and had enough time in public jobs to legally collect their pensions. At least two dozen other lawmakers collect pensions while serving in the Legislature, but they retired from unrelated jobs, such as teaching or policing.
DiVincenzo, a Democrat, started supplementing his $153,207 salary with a $68,862 annual pension in August.
"I contributed to the pension system for over 29 years and followed the law when I decided to begin drawing my pension," he said in a statement Monday. "This was a personal decision that was in the best interests of my family."
Christie, responding to criticism from some Democrats and public employee unions that he had gone soft on political allies like DiVincenzo, said he personally called the county executive to express his displeasure.
"Whether someone is an ally or an enemy, I tell people what I think," Christie said. He added, "I told him I think it’s wrong. What do you want me to say? I can’t be any clearer than that."
Christie spokesman Michael Drewniak said Christie-backed bills to change the law have sat untouched in the Democrat-controlled Legislature.
"You have deeply partisan Democrats leaping at the chance to criticize one of their own moderate voices for taking advantage of a legal loophole they’ve turned a blind eye to for years," he said. "For them to point at that now, that’s hypocrisy."
Oroho’s bill to change the law is currently before the Senate Budget and Appropriations Committee.
"I think we need to close the loophole," said Sen. Paul Sarlo (D-Bergen), the committee chairman, but said he was unsure if the law can be retroactive for elected officials already collecting their pension.
The handful of lawmakers who retired without leaving their positions said they’re also open to changing the law.
"It’s just one of the many loopholes we need to close in the state’s pension system," Thompson said.
Holzapfel could not be reached for comment Monday.
Weinberg offered a middle-of-the-road approach. Instead of forcing elected officials to step down to start collecting their pension, there could be a cap on their salaries, she said.
Weinberg announced she was drawing her lawmaker’s pension in a post on the liberal blog BlueJersey.com Monday. She said she had nothing to apologize for, and only started collecting her pension after losing her savings in Bernie Madoff’s Ponzi scheme.
"Though I never went in to public service to make money, I am grateful for this income at this time of my life, because of the situation Bernie Madoff created for me," she wrote.
Assemblyman Ralph Caputo (D-Essex) said his pension is small potatoes compared to others, and he plans to step down as freeholder this year.
"I don’t think I should be begrudged a $900-a-month pension," he said. "I earned that over many, many years."
By Chris Megerian and Seth Augenstein/The Star-Ledger