Atlanta educators convicted in the test-cheating trial could lose their pensions, if their convictions stand.
If the educators lose all appeals — or have waived their right to appeal — the Fulton County district attorney’s office could begin a process to take away their pensions, according to education retirement experts.
“Nothing can happen … until there’s a final conviction,” said Jeffrey Ezell, executive director of the Teachers Retirement System of Georgia. “A final conviction is defined in Georgia law as being that all appeals have been exhausted. Until all those appeals are exhausted … the ball doesn’t start rolling.”
Only two of 10 convicted APS educators, Donald Bullock and Pamela Cleveland, chose to admit guilt and waive the right to appeal at a sentencing hearing Tuesday. They did not receive prison time. Eight preserved their right to appeal. One remaining convicted educator, Shani Robinson, recently had a baby and will be sentenced in August.
“Until the prosecuting attorney notifies us the convictions are final, we wouldn’t do anything,” Ezell added.
If educators appeal their convictions, the pension question might not be resolved for several months, if not years.
In total, 32 former educators were convicted, including 21 who pleaded guilty to lesser charges before the trial’s start nearly seven months ago.
According to state law, if a public employee commits a “public employment related crime” while acting as a public employee, “upon final conviction” he could lose all or part of his pension.
The pension amounts in question, which depend on educators’ experience level and how long they’ve been vested in the pension system, could turn out to be fairly significant, said Michael McGonigle, legal director with the Georgia Association of Educators. Educators should get back what they’ve contributed to their pensions without any interest, McGonigle said.
“They’re entitled to due process just like any other citizen,” McGonigle said. “Some of these (convictions) might be reversed. There’s so much we don’t know right now.”
“The bargain public school teachers make when they enter the profession (is) they accept lower pay in the profession for a decent and secure retirement. You’re underpaid (as a teacher). In exchange for accepting a lower wage in your career, you get a decent retirement, a secure retirement for your children and grandchildren.”
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