MEET THE BIGGEST ‘TRIPLE-DIPPER’ IN THE NEW JERSEY STATEHOUSE — Investigative Report by Mark Lagerkvist

Posted on February 9, 2012

For state Sen. Frederick Madden Jr., the path of public service also has been a road to personal wealth.

Madden collects more than $241,000 a year in public salaries plus retirement pay. He gets $49,000 as a legislator, a $106,983 as a police academy dean and an $85,272 annual pension as a State Police retiree.

Since he “retired” at age 48 nearly a decade ago, Madden has cashed $770,156 in New Jersey retirement checks. Among the 15 legislators who draw state pensions, no one pockets more than the senator from the state’s 4th Legislative District, which includes parts of Gloucester and Camden counties.  (See chart below.)

It may madden taxpayers, but double-dipping practices by public officials generally are legal under state law.

“There are those who have an issue with people retiring from one organization and going to work someplace else,” Madden told New Jersey Watchdog. “Obviously I don’t have a problem with people doing it. I’ve accepted that in my own personal life. I don’t have a problem with it at all.”

The problem is whether the state can afford such generosity. New Jersey’s pensions are underfunded by $36 billion, according to the State Treasury’s latest numbers. Other studies have estimated the shortfall as high as $144 billion.

‘Special Retirement’

How did Madden retire with a fat pension at 48? Other public employees in New Jersey typically must wait until 60 or older to retire with full benefits. Under federal Social Security, the full retirement age is 66.

The answer is simple: “Special Retirement.” It is a rule that only applies to law enforcement officials in the Police & Firemen’s Retirement System (PFRS) or State Police Retirement System (SPRS). The special retirement provision allows officers to retire at any age after 25 years of service, without reduced benefits.

“It’s basically a young person’s job,” said Madden. “The system is set up for them to retire early to keep the forces young. We have mandatory retirement at 55.”

Two months before he turned 21, Madden was hired as a $9,088-a-year state trooper who would climb up the organizational chart. He could have retired at 45 with full benefits, but Madden maximized his nest egg by staying for four more raises, three more birthdays and two big promotions to lieutenant colonel and deputy superintendent. Then he retired June 30, 2002.

“I had reached the top of my career in policing. It was in my best interest to move on, so I decided to retire,” Madden said.

Four months after his 48th birthday, Madden began receiving a SPRS pension for life. It will pay him more than $2.5 million, if he lives until age 80 — the average life expectancy for a 57-year-old white male in the United States, according to federal statistics.

“I’ve earned that,” said Madden. “I paid into that system like every other trooper. You can make it sound like I’m getting something I don’t deserve, and that’s wrong.”

Madden’s pension is based on 27 years of service and a final salary of $112,451 a year. Previous years of lower pay and smaller retirement fund contributions are not part of the calculation. Under the statutory formula, his pension pay is 67 percent of his final salary, plus cost-of-living increases.

The senator noted the State Police does not participate in Social Security. Employees do not contribute to the federal program and typically do not qualify for its retirement benefits.

One-Day Retiree

The first thing Madden did after he retired was return to the government payroll in a law enforcement job.

On July 1, 2002 — one day after he left the State Police — Madden started a new job as chief of detectives for the Gloucester County prosecutor. His new $105,000 salary, along with a pension of roughly $75,000, boosted Madden’s annual income to $180,000.

“There are a lot of positives to taking retirees that have strong resumes and productive work experience and placing them in other public jobs,” said Madden.

One state rule is supposed to prevent workers from temporarily retiring from public employment to take advantage of pension funds. A retirement only is considered to be legitimate, or “bona fide,” if “there is a good faith action to retire” and “there has been a cessation of employment of at least 30 days,” according to SPRS and PFRS handbooks.

If a retirement is not “bona fide,” the state can force the employee to return any benefits paid.

The rule often is ignored and seldom enforced. Previous New Jersey Watchdog investigations uncovered numerous examples of one-day retirements by officials who currently work for the state attorney general, county sheriffs and prosecuting attorneys.

Back to the State Police

In a twist of fate, Madden returned from his “retirement” to head the State Police temporarily as a result of someone else’s scandal.

Gov. James McGreevey named Madden acting superintendent in October 2002 when Superintendent Joseph Santiago resigned amid allegations of “gross mismanagement.” The appointment lasted four months.

“One Friday morning, I showed up at the prosecutor’s office for work. That afternoon, I was in the governor’s office assuming command of the division,” recalled Madden.

It was good news for Madden’s paycheck. The Gloucester prosecutor gave him a $20,000 raise — upping his pay to $125,000 a year — then assigned Madden to the State Police on an “intergovernmental loan.”

Meanwhile, Madden’s state pension kept rolling in at a rate of $75,000 a year, boosting his annualized income to $200,000.

Triple-Dipping

When the State Police found a new superintendent, Madden quit the Gloucester County prosecutor in February 2003 to run for state Senate as a Democrat.

“I was thinking, ‘If they can do this job…’” Madden chuckled. “I think I bring morals and ethics and truthfulness to the seat. I had been policing my entire life, and I wanted to try something different.”

In a close election decided by recount, Madden beat Republican incumbent George Geist by 63 votes. One of the victor’s spoils was the $49,000 annual pay received by legislators.

In May 2006, Madden found a third stream of public income. He was hired as acting dean of the Gloucester County Police Academy with a $76,128 a year salary. Two years later, Madden was promoted to dean of the academy, a law enforcement training program at Gloucester County College in Sewell. His pay was boosted to $96,500 per annum.

“I have no problem balancing them,” said Madden, referring to his two jobs. He said he has flexible hours at his 35-hour-week college position and takes vacation time to attend Senate sessions when necessary.

He contends that state taxpayers benefit because he can hold two public positions in New Jersey concurrently.

“If I go across the bridge to Temple University (to work in Pennsylvania), those people get the benefit of my training and the college degrees that the people of New Jersey have invested in,” he said.

Madden’s police academy salary is now $106,374 a year. Cost-of-living hikes have boosted his annual pension to $85,272, while his legislative salary remains at $49,000.

Bottom line: Madden rakes in $241,255 a year from a state pension plus two public salaries. He said he is not earning additional pensions from the college or Legislature.

15 NJ Legislators Collect State Pensions

New Jersey Watchdog found 15 current legislators — six senators and nine Assembly members — who receive state retirement checks in addition to legislative salaries, according to public records. The nine Democrats and six Republicans receive an average of $43,000 in annual pension pay.

Not coincidentally, those who get the biggest checks are retirees of PFRS or SPRS. State pension formulas and regulations favor law enforcement officials over other public employees.

For example, if Madden had retired as a member of the Public Employees Retirement System (PERS) at the same age, salary history and years of service, his pension would have been cut in half.

Of the 15 lawmakers who receive state pensions plus legislative salaries, three are on the payrolls of other public agencies in New Jersey. In addition to Madden:

# # #

STATE LEGISLATORS WHO COLLECT NEW JERSEY PUBLIC PENSIONS

Title First Last Dist D/R  Pension/Yr Plan
Sen Fred Madden 4 D  $     85,272 SPRS
Assemb Gordon Johnson 37 D  $     75,492 PFRS
Assemb David Rible 11 R  $     55,032 PFRS
Sen Samuel Thompson 13 R  $     51,996 PERS
Assemb Gilbert Wilson 5 D  $     50,304 PFRS
Assemb Dianne Gove 9 R  $     49,644 TPAF
Assemb Connie Wagner 38 D  $     46,368 TPAF
Sen James Holzapfel 10 R  $     43,176 PERS
Sen Loretta Weinberg 37 D  $     40,860 PERS
Sen Jim Whelan 2 D  $     35,160 PERS
Sen Robert Singer 30 R  $     34,404 PERS
Assemb Cleopatra Tucker 28 D  $     33,996 PERS
Assemb Joseph Egan 17 D  $     24,216 PERS
Assemb Ralph Caputo 28 D  $     11,628 PERS
Assemb John DiMaio 23 R  $     10,356 PERS
TOTAL  $   647,904
AVG  $     43,193

 

New Jersey Watchdog’s research focused on current state legislators who draw retirement pay from state pension funds. Data are from pension, payroll and personnel records obtained from the New Jersey Department of Treasury, Civil Service Commission and local governmental bodies through state’s Open Public Records Act requests. Pension amounts and employment status are current as of December 2011.

Rible receives a pension for “accidental disability retirement,” which is not based on age or years of service. For details, click here for New Jersey Watchdog’s investigative report on Rible’s disability pension.

Key to abbreviations for state pension plans: PFRS – Police and Firemen’s Retirement System; SPRS – State Police Retirement System; TPAF – Teachers’ Pension and Annuity Fund; PERS – Public Employees’ Retirement System.

Posted under New Jersey, New Jersey Watchdog.

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