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November 10

Corrupt former deputy chief clerk still wants his pension, sues retirement board

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
Terrie Morgan-Besecker on Facebook   |   @TLTerrieMorgan on Twitter

SCRANTON – Former Luzerne County Deputy Chief Clerk Bill Brace has filed a federal lawsuit against the county’s retirement board members, alleging they have improperly denied him his pension based on his guilty plea to a corruption charge.

The suit, filed by attorney Carl Poveromo of Scranton, claims the retirement board violated Brace’s right to due process when it voted in December to terminate the $740.46 monthly retirement benefit he received based on his years of service as chief deputy clerk and a previous position as deputy clerk of courts.

The board’s action was based on a federal charge of corrupt receipt of a reward for official action that was filed against Brace in November 2009. Prosecutors said Brace accepted a tailor-made suit for supporting the efforts of a contractor who was seeking a contract with the county.

State pension law precludes public employees from receiving pension benefits if they are convicted of a crime related to their public office. Brace has disputed whether his offense falls within the forfeiture statute.

The lawsuit claims the retirement board failed to provide him a hearing so that he could dispute the determination that his crime fell within the forfeiture law.

The suit seeks reinstatement of the benefits, as well as payment of past benefits and punitive damages.

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