News

February 10, 2010

County wants probe of notary’s actions

DA will investigate allegations notary allowed former county worker to falsify pension document.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Luzerne County officials voted Tuesday to ask the District Attorney’s Office to investigate allegations that a notary allowed a former county employee to falsify a document involving his county pension.

The issue came up during Tuesday’s county Retirement Board meeting, when Dupont resident Madelyn Kokura said she never signed a spousal consent form when her late husband, Thomas Kokura, decided how he wanted to structure his pension payouts.

Madelyn’s lawyer, Angelo Terrana, told the board that notary Matthew B. Szumski visited Kokura’s home after her husband’s death in February 2009 to confess that he had allowed her late husband to forge her signature on the spousal consent form.

Thomas Kokura had retired from the county’s Mental Health/Mental Retardation office a few months before his death, in October 2008. He elected to receive the highest monthly payment – $2,468 per month. Upon death, his wife would only receive what was left of the money he had paid into the fund.

Under this option, the county owes Madelyn about $57,000, county officials said.

Thomas could have opted to receive $2,361 per month and allow his wife to receive the rest of his total estimated pension upon his death. With this option, the county would owe Madelyn about $304,000, county officials said.

Terrana argued that the board should vote to allow Madelyn to choose her option because she was excluded from the original decision.

He gave the board a sworn affidavit signed by Szumski acknowledging that the notary had never witnessed Madelyn signing the spousal consent and that he believes she was unaware that her husband had signed the consent form on her behalf.

Szumski could not be reached for comment Tuesday. State records show that his notary commission expired on Nov. 9.

The board held off on deciding whether to allow Madelyn to receive the $304,000 or choose another pension option, such as a continued monthly payment.

Board members say they want board Solicitor Donald Karpowich to research whether spousal consent is mandated and determine what must happen under state pension law if Thomas had not chosen an option.

Board Chairwoman Maryanne Petrilla said the board believes an injustice was done to Madelyn, but board members must make sure they follow the law. She also questioned whether the board has authority to decide whether the document was fraudulent.

Karpowich said he had advised Terrana to try to seek a court order that would spell out whether the county has to allow Madelyn to choose a pension option. Terrana said the retirement board has authority and that his production of the sworn affidavit from Szumski proves that Madelyn was in the dark.

Petrilla promised to call a special meeting when a decision is reached so Madelyn does not have to wait months for an answer.

Madelyn said she wants to avoid suing the county but will do what’s necessary.

She said she does not know why her husband of 31 years kept her out of the pension decision and said they were not separated or estranged. She said her husband was under psychiatric care at the time he retired, and she does not believe he understood the impact of what he was signing.

Madelyn said her husband worked more than 25 years for the county and was respected by his peers.

Notaries must carry bonds, and the county will likely seek to file a claim to recover funds if Szumski is charged, Karpowich said.

Someone who falsifies or permits the falsification of retirement system records could be found guilty of a misdemeanor and face up to a year in prison and a $1,000 fine, Karpowich said.

The retirement board oversees the employee pension fund, which was valued at $160.47 million as of Dec. 31.

Millions in taxpayer subsidy has been required to keep the fund stable in recent years because employee contributions and investment earnings haven’t kept pace with payout obligations.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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