Kirk Ashton, convicted of student abuse, is entitled to a pension in New York

An imprisoned Monroe County elementary school principal who sexually abused young boys at his school will be able to begin receiving his state pension next year — potentially several thousand dollars a month for the rest of his life.

Ashton could receive about 40 percent of his average salary of $160,000, or about $64,000 per year. There are several options for retirement benefits, and this amount could be reduced depending on his choices.

How he will receive his pension is currently unknown, but there are cases where state pension checks have been sent to people incarcerated in New York City prisons.

Ashton was convicted of sexually abusing more than 20 elementary school students at Northwood Elementary School in Hilton, where he was principal for 17 years. He is now 54 and is not scheduled to be released until 2039. He will be eligible to receive his pension at age 55.

There is no state law that prohibits Ashton from collecting his pension, although New York has laws that limit pension withdrawals to curb the criminal appetite of corrupt officials. Ashton, as an educator, is exempt from these laws, as are police officers and most rank-and-file city employees.

The New York State Teachers’ Retirement System confirmed that Ashton will be eligible to receive his pension starting next year. Ashton, who worked as a teacher and administrator before becoming a school principal, joined the system in 1996.

Despite voters’ intentions, corrupt officials do not lose their pensions

As the Democrat and Chronicle and the USA TODAY Network recently reported, state laws allowing pensions to be stripped of corrupt public officials have been largely ineffective. Legislation in 2011 and a subsequent vote on a constitutional amendment in 2017 were intended to curb public corruption at the risk of losing pensions.

In the 2017 referendum, 73 percent of voters voted in favor of abolishing the pensions of criminal civil servants.

But the law remained unused.

Even the public officials affected by the 2011 legislation and the broader constitutional amendment were unaffected. In its investigation, the USA TODAY Network found no cases of public corruption involving the pension revocation process.

Even if New York prosecutors – who must decide whether to revoke a convicted felon’s pension – were to invoke the laws, Ashton’s pension would not be affected. The state passed its pension revocation laws following high-profile corruption offenses by elected officials, not in response to crimes committed by educators or police officers.

Under these laws, an official must be convicted of a job-related crime. After conviction, a prosecutor can seek cancellation of all or part of the pension in a civil case.

Other states have passed pension forfeiture laws that go beyond what New York allows.

Pennsylvania, Ohio and North Carolina, for example, are among the states where an educator who has sexually or physically abused a student or other young person can have their pension revoked in whole or in part.

How does this compare to the Sandusky case?

Pension forfeiture laws are not uncommon in the United States, and many states have passed similar laws long before New York. However, there are large differences among states in how they apply the laws and who can lose part or all of their pension due to a crime.

Arkansas, for example, has a very limited law on public service pension forfeiture, according to the National Association of State Retirement Administrators. There, a “retiree convicted of murdering a member of a public pension system can have his pension revoked.”

In some states, such as New York, teachers are exempt from these laws. In other states, however, teachers are subject to the same measures – not only for sex crimes, but also when they commit crimes of public corruption, such as theft of public funds.

Robert Klausner, a Florida attorney who specializes in representing public employee funds, said corruption cases against educators are unusual. Teachers have no opportunity to defraud public funds, he said, unlike administrators like Karam, who may have that opportunity.

“Some have included sex crimes against children in the statute,” Klausner said. “… These laws have been consistently found to be constitutional.”

It’s been a decade since a dispute over a potential loss of pension benefits made national headlines: Back then, Jerry Sandusky, a former Penn State University football assistant coach convicted of sexual abuse, was fighting to restore his nearly $60,000-a-year pension.

Sandusky, who maintains his innocence, initially lost his pension following a decision by a state employee pension board. However, a judge later restored the pension, noting that Sandusky had no employment relationship with Penn State at the time of the crimes.

Sandusky is serving a prison sentence of 30 to 60 years. He was found guilty of 45 counts of sexually abusing young boys.

Oneida prosecutor changed course

A recent criminal case in Oneida County—which appears to have been the first use of the pension forfeiture mechanism in New York—was a stark reminder of where pension forfeiture laws do and do not apply.

Former Utica schools superintendent Bruce Karam pleaded guilty in March to public corruption in Oneida County for using school district funds to send campaign materials and invitations to an unrelated school fundraiser.

The case seemed ideal for a pension loss because it met two essential conditions: the crime was a serious crime and it was work-related.

Initially, the Oneida County District Attorney’s Office agreed to a settlement that included a partial settlement of the pension claims. However, after the settlement, the Oneida County District Attorney’s Office had to stop pursuing the pension claims because the laws do not apply to Karam as an educator.

Michael Vavonese, the Syracuse-based attorney who represented Karam, said the settlement ensures that Karam’s pension is secure for the future, but instead a lump sum payment of $150,000 is part of the agreement.

According to the State Audit Office, this amount corresponded to the loss of his pension rights “from the time of his crime until his dismissal”.

NYSTRS officials declined to comment on Karam’s case, saying they do not discuss criminal cases involving educators who are part of the retirement system.

Ashton’s pension: Tax money flows from you to sex offenders

How much Ashton’s pension will be is not currently public knowledge because he has not yet started collecting it. In his last three years, he earned an average of $160,000 per year, which determines the average of his pension. NYSTRS officials say he entered the system in 1996, so his pension would be about 40 percent of the average.

It is also not known how Ashton will receive his pension. The State Audit Office said pension checks have already been sent to prison inmates.

Ashton will likely have to give up a portion of his pension to his ex-wife as part of his divorce. His ex-wife filed for divorce after the indictment, meaning she could receive a significant portion of his assets. Additionally, there are several ways a retiree can receive their pension, and those choices could reduce the amount they are paid each year.

There have also been more than two dozen lawsuits filed by victims against the Hilton Central School District and Ashton. Public records show that many of them have settled or are close to doing so. These settlements were mostly filed under seal, but some public records indicate that the Hilton schools’ insurers will pay out millions of dollars.

Ashton likely won’t have to make those payments unless the victims decide to specifically target him. So far, the school district’s insurers are responsible for paying compensation to victims, according to court documents.

Two dozen former students, all boys or young men, testified at Ashton’s trial in 2022. Some of them described in detail how Ashton repeatedly touched their private parts under their clothes in his office at school.

The victims spoke of suicide attempts and severe depression due to the abuse.

“Kirk Ashton targeted those who needed special support, and instead of providing them with a safe environment, he manipulated these children,” District Attorney Sandra Doorley said after the verdict.

One of the most typical complaints alleges that a student suffering from attention deficit disorder was regularly called to Ashton’s office during third, fourth, and fifth grades, where Ashton groped him.

Ashton gave the boy “gifts such as stickers, jewelry and bracelets” and warned him not to tell anyone about the abuse, the indictment says. At trial and in court proceedings, victims told similar stories, namely that Ashton often targeted more vulnerable children.

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