Staten Island prosecutor and judge power couple criticize 'double bottom' with six-figure pension on top of $200,000 salary

Metro

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by carl campanile

The power couple of a Staten Island district attorney and a state Supreme Court judge are under intense scrutiny for taking a “double bottom” with their large taxpayer salaries and pensions.

Prosecutor Michael McMahon and Judge Judith McMahon both earn six-figure salaries while also collecting state pensions likely exceeding $100,000, The Post has learned.

Prosecutor McMahon “retired” from public service in December, while still serving as the borough's chief prosecutor, and is now receiving a pension likely in excess of $130,000.

Mr. McMahon, 66, has more than 30 years of government service, serving as a former legislative staffer, city councilman and councilman before becoming district attorney in 2016.

The move is legal given his age, but has raised eyebrows in some political circles.

“It's not good for a district attorney to be double-dipped. He's still working and not retiring,” one source told the Post. “It's legal, but it's not right.”

State Supreme Court Justice Judith McMahon receives $210,900 in compensation after serving as an attorney for two judges before becoming a judge herself, according to an online career and pension database. He also collects a pension of $122,916.

Their combined salaries and pensions total more than $600,000.

According to See Through New York, a payroll and pension records data site compiled by the Empire Public Policy Center, Judge McMahon's retirement date is December 31, 2022.

Mike McMahon “retired” on December 30 of last year, according to a salary letter filed by the prosecutor's office with City Records.

“Elected officials enjoy a loophole because they can retire on New Year's Eve and continue receiving a paycheck on New Year's Day,” said Ken Girardin, director of research at the Empire Public Policy Center.

“The pension system was not created with this kind of situation in mind. Pensions are supposed to be received by civil servants after they quit their jobs,” he said.

Prosecutor McMahon claimed through a spokesperson that he receives a state pension while serving as a paid prosecutor.

“After more than 30 years of public service to the people of New York, Attorney McMahon has tendered his retirement at the end of 2023, but will of course continue to serve as Richmond County District Attorney,” a representative for Attorney McMahon said in a statement.

“Frankly, this is very natural for civil servants, because if you don't retire when you're eligible, you put your family at risk of not receiving any pension at all if you die,” the DA official said. added.

Mr. McMahon's office declined to disclose the amount of his monthly or annual state pension.

But one pension expert said Mr. McMahon is entitled to collect 60% of his final three years' salary.

A notice filed in city records lists his salary as $218,000, while other records list it as $212,800.

That means his annual pension could be as high as $127,680 to $130,800, said John Murphy, former executive director of the New York City Employees' Retirement System.

Mr. McMahon, a Democrat, was reelected last year unopposed by a Republican challenger and won a third term.

“[McMahon] You can receive your pension and continue working. He is entitled to a pension,” said Murphy, a former NYCERS executive director.

“People can throw stones at it. It strikes people as ugly. Maybe he's decided not to run again and doesn't have to worry about political headwinds,” Murphy said. guessed.

This kind of double-dipping has been practiced for a long time, especially among state legislators.

The National Pensions Act allows members of Congress elected before 1995 who are 65 years of age or older to retire for pension purposes.

A court system official said many judges, not just Judith McMahon, are “retiring” to receive pensions while in office. However, they lose the right to apply for exemption to serve as judges after retirement at age 70.

The newspaper has reached out to Judith McMahon for comment through the Office of Court Administration and Attorney General McMahon.