Scarantino loses pension

Former Pittston Area superintendent Ross Scarantino’s legal problems have cost him his estimated $115,415-a-year pension from the Pennsylvania Public School Employees Retirement System.

In a certified letter the agency sent to Scarantino, Pittston Area School District and Scarantino’s attorneys, the nearly 42-year education employee was denied his pension because he pleaded guilty to accepting money in relation to a federally funded program, violating the retirement system’s Public Employee Pension Forfeiture Act.

“In this case, the federal crimes of corrupt receipt of reward for official action concerning programs receiving federal funds is substantially the same as bribery in official and political matters,” the letter states.

He did not receive any of his pension benefits before this decision was made, PSERS spokesperson Evelyn Tatkovski said in an e-mail.

The Forfeiture Act states public employees, including school district employees, will forfeit their pensions if they are convicted or plead guilty or no contest to a variety of crimes – including theft by deception or extortion, theft of services and bribery. Scarantino pleaded guilty in May to one federal charge of corrupt receipt of reward for official action concerning a program receiving federal funds.

Scarantino’s attorneys, Frank Nocito and Phil Gelso, declined to comment on the retirement system’s decision during a conference call late Wednesday afternoon.

Pittston Area School Board Vice President Tony Guariglia said that when people do not do the correct thing there will be consequences.

“It’s a shame because of his dedicated years at the school. It is understandable because he did not do the right thing,” he said.

Scarantino began working at his alma mater in September 1967 as an elementary school teacher before working his way up the superintendent’s spot in September 2005.

School board member Kent Bratlee said the board didn’t have control of whether Scarantino received his pension, because that was a decision made at the state level at the retirement system.

Bratlee said he feels it’s unfortunate Scarantino lost his pension, but it was to be expected he would lose his retirement because he violated the law. The retirement system can now use any financial contributions and interest from money he applied to his retirement fund to pay restitutions for funds misappropriated to Pittston Area, depending on what the federal court requires during the sentencing phase, according to the letter signed by PSERS Bureau of Benefits Administration Manager Wendy K. Stevens.

Scarantino might be entitled to some of the money he has paid into the retirement system if the court does not require him to pay any fines or restitution or if he has already paid the fines or restitution.

He will not be eligible to receive any interest on the money he has paid into the system. It was unknown late Wednesday afternoon how much money Scarantino had paid into the retirement system throughout his career.

Scarantino has 30 days from the date of the July 22 letter to request an administrative hearing to appeal the retirement system’s decision. If the request is not received within that time frame he will forfeit his right to an appeal.

Gelso and Nocito declined to say if Scarantino will appeal the decision. Scarantino did not return calls seeking comment.

If Scarantino had not violated the law, he would have been eligible for his full retirement pension because he worked in public schools for more than 40 years and is over 60 years old.

Scarantino, a Duryea resident, was terminated as superintendent on June 29 when the school board members unanimously approved a settlement and termination agreement with him.

Board members agreed to pay Scarantino for 30 days of vacation time at his regular salary and 125 of his 447 sick days at $100 per day for a grand total of $22,158.

He did not receive any district-paid life insurance, medical insurance, the remainder of his 2009 salary or money for most of his sick days, saving the district more than $300,000.