Jackson County legislator could double dip under this change to pension rules

He says he didn’t ask for special treatment. But Jackson County legislators — on what was for several of them the last scheduled meeting of their careers — on Monday approved a special benefit for newly elected legislator Ron Finley.

If the move withstands County Executive Frank White’s possible veto, Finley would be allowed to simultaneously collect his $35,000 annual salary as well as the county pension he earned from a previous stint on the legislature. That has not been allowed previously.

Retiring legislator Garry Baker was denied pension checks the past three years, despite a long career working for the county in a non-legislative capacity.

Dennis Waits thought Baker deserved better. As one of his last acts after 32 years on the legislature, Waits sponsored the proposal to change the policy, with Baker as his co-sponsor. The move came up for a vote despite unanimous opposition from the county’s employee pension board, which said that public pension plans generally forbid so-called double dipping.

In this case, it would amount to a triple dip, board members said, because Finley and others who fit the criteria would likely see their monthly pension benefits rise as they accrue more seniority.

“I know of no other public plan that allows for what the ordinance essentially allows, ‘triple dipping’ as it is called in the public sector,” board member Claire Scoville wrote legislators ahead of the vote. “It is referred to as ‘special interest’ by the Missouri Legislature.”

But Waits said it was unfair for someone like Baker to have to suspend his pension payments when going back to work for the county after turning 65, either as a regular employee or as an elected official.

“I think denying that is very wrong, and this is a way to correct that,” Waits said.

Legislators Greg Grounds, Alfred Jordan (both of whom are also retiring), Scott Burnett and Dan Tarwater also approved changing the rule.

Tony Miller, Theresa Galvin and Crystal Williams opposed the change, a version of which Waits proposed two years ago, but dropped after an article about the proposal appeared in The Star.

As things stand, the change would have a minimal effect on pension fund assets.

Under the change, Finley, whose name never came up in the debate, would not have to lose his monthly $480 pension payment when his four-year term begins in January. Finley previously served on the legislature from 1999 to 2005.

But the pension board worried that the plan could be hurt if many employees got the idea that they can retire at 65, start benefits, and then later come back on the county payroll.

“I think the timing is weird,” Williams said. “It doesn’t look good.”

Asked after the meeting if he would veto the measure, White smiled and declined comment. He has 10 days after the ordinance officially hits his desk to veto it, after which the legislature would have a chance to override at its next meeting.

One isn’t scheduled until next year, when the new legislature takes over, and that could change the outcome. However, a special meeting is possible before Dec. 31 because of a possible vote on other matters.

This story was originally published December 3, 2018 at 5:41 PM.