Take my pension, please!

A private attorney, who has accrued more than 18 years in

the state pension system while also collecting retainer fees from libraries

and school districts, recently asked the state to let him withdraw from the

system, but was turned down, according to a letter he sent to clients.

The attorney, William M. Cullen of Lloyd Harbor, was one of 10 attorneys

profiled in a Newsday story on March 28 about private attorneys who secured

public benefits by being reported as public employees. Two days earlier, Cullen

sent the letter, a copy of which was obtained by Newsday. He represents 17

libraries, two school districts and several nonprofit educational institutions,

according to his letter.

"I don't want the pension," Cullen said in an interview Thursday.

Cullen, 56, has not begun collecting the pension. He estimated that it

would be about $2,500 to $3,000 a year.

Dennis Tompkins, a spokesman for the New York State comptroller's office,

confirmed that Cullen asked to withdraw and that he also asked the state to

refund all contributions he made into the system. However, Tompkins said the

state cannot legally remove Cullen "until a determination has been made that he

was wrongfully given service credits."

Asked whether the state is reviewing his case, Tompkins said, "We're

reviewing every lawyer in the system."

On Thursday, New York State Attorney General Andrew Cuomo said his

investigation of private lawyers receiving public pension credits, which began

in the wake of Newsday stories, now includes 90 lawyers statewide, including 20

on Long Island. Cuomo said he is pursuing possible criminal charges in the

investigation, and characterized the practice as a "scam."

Records show that Cullen maintained a private law practice, collecting

hundreds of thousands of dollars in retainer fees, while also being reported as

a full-time employee of the Franklin Square school district and as a part-time

employee in the Brentwood and Half Hollow Hills libraries.

Cullen left the Half Hollow Hills Library in 2002. He said he resigned from

Franklin Square and Brentwood shortly after Newsday reported on the case of

Centerport attorney Lawrence Reich earlier this year. Five school districts

falsely reported Reich as a full-time employee at the same time, enabling him

to retire with a $61,459 annual pension and health benefits. After that story,

the Federal Bureau of Investigation, Internal Revenue Service and New York

attorney general all launched investigations. Later, the state comptroller

decided Reich was not entitled to the pension and has to pay it back.

Cullen, who is a sole practitioner, has continued representing the Franklin

Square school district and the 17 libraries, but is paid a retainer, he said.

Although he asked to be removed from the pension system, Cullen said he did

it solely to avoid the "appearance of impropriety" and not because he has done

anything wrong.

"I maintain that I was a part-time employee, and it was perfectly

appropriate for me to do so," he said. "It's not a question of correcting the

record, except for any minor errors in reporting full-time versus part-time

service."

The Franklin Square school district reported him as a full-time employee

for 14 years, according to state pension records. Franklin Square

Superintendent Thomas Dolan declined to say whether he was concerned that

Cullen had been improperly listed on the district's payroll, but added, "We are

looking into it."

Cullen said the employment arrangement enabled him to charge lower fees.

Although he also received health benefits "off and on" through the district,

Cullen said he offset the cost to the district by working extra hours at no

charge.

Lawyer got retainer - and a salary

Private attorney William Cullen's public work history:

1995-March 2008: Brentwood public library

Total paid in salary: $72,964

Fees to his law firm: $163,692 since 2002

1990-2001: Half Hollow Hills library

Total paid in salary: $64,063

Fees to his law firm: $4,340 in 2002-2003

1990-2008: Franklin Square school district (mostly full-time)

Total paid in salary: $366,346

Fees to his law firm: $564,530 since 1998