Federal Retiree Rehire Provision Survives Senate Filibuster

A measure allowing federal agencies to rehire retirees without a cut in annuity payments passed the U.S. Senate last week as part of the Defense Authorization bill.

A measure allowing federal agencies to rehire retirees without a cut in annuity payments passed the U.S. Senate last week as part of the Defense Authorization bill.

Govexec.com reported that after an amendment to the Defense Authorization bill that would have allowed federal employees under the Federal Employees Retirement System (FERS) to get credit in their pension calculation for unused sick leave was withdrawn (see “Senate Shoots Down Fed Employee Sick Leave Credit”), Senator Susan Collins (R-Maine) offered the language dealing with rehiring federal retirees as a separate amendment, which was approved by voice vote.

According to the news report, under current Office of Personnel Management regulations, federal retirees can return to work part-time, but in most cases their annuities are reduced by the amount they earn on the job, unless they receive a waiver from OPM. Agencies say this makes it harder to bring back experienced staff, especially if they’re needed on short notice.

The bill now goes to a conference committee, but faces opposition. The House version of the Defense Authorization, passed in late June, does not include the rehire language, and the American Federation of Government Employees and other federal labor unions have spoken out against changing the policy on rehiring annuitants, saying it would put current employees at a disadvantage and circumvent fair hiring practices.

In response to union concerns, Govexec.com said, the legislation includes several limitations on how long rehired annuitants could work for the government, such as a cap of 1,040 hours in a 12-month period. Also, the number of rehired retirees could not exceed 2.5% of an agency’s workforce.

FINRA Bars Broker for Operating Ponzi Scheme

As part of an ongoing investigation, the Financial Industry Regulatory Authority (FINRA) has permanently barred a former registered representative with AXA Advisors, LLC, for conducting a Ponzi scheme.

As part of an ongoing investigation, the Financial Industry Regulatory Authority (FINRA) has permanently barred a former registered representative with AXA Advisors, LLC, for conducting a Ponzi scheme.

A FINRA news release said Kenneth George Neely of St. Louis conducted a Ponzi scheme involving at least 25 brokerage customers of AXA and his previous employer Stifel, Nicolaus & Co. Inc., as well as his own family, friends, and fellow church members. Neely induced customers to participate in a fictitious “St. Louis Investment Club” and to invest in the non-existent real estate investment trust, the “St. Charles REIT.”

Neely only stopped collecting funds when FINRA confronted him earlier this month. AXA terminated Neely’s employment upon his admission to FINRA staff that he converted customer funds for his personal use, according to FINRA.

In total, Neely improperly used more than $600,000 in investors’ assets. He returned about $300,000 of the funds back to some of the investors and converted more than half of the amount to his own personal use, FINRA said.

Background

To conceal the scheme from authorities, Neely typically had investors make payments to his wife in increments of $2,000 to $3,000, according to FINRA. He also prepared false invoices on his personal computer. The fraudulent invoices used the names of a fictitious "President" and "Secretary" and listed Neely's mother's home address as the address of the St. Louis Investment Club. Neely assured some investors by telling them he was on the investment club's board of directors.

In one instance, FINRA reported he stole $154,000 from a long-time friend and recent retiree, as well as an additional $10,000 from that friend's daughter. Neely had begun managing the friend's retirement assets in 2002, but by 2007 Neely was facing demands from clients who were seeking the return of their previously invested money, so he approached the friend with the promise of a high rate of return on the fraudulent REIT investment. Neely eventually returned $10,000 to the friend, bit used the balance of the investment to pay down personal debts, including country club and golf expenses.

In another instance, Neely induced a fellow church member to invest $35,000 of a retirement account, promising a 5% rate of return, FINRA found. He again used the balance to fund personal expenses. Neely's monthly country club dues and entertainment expenses sometimes exceeded $4,000.

"This individual was robbing Peter to pay Paul," said Susan L. Merrill, FINRA executive vice president and chief of enforcement, in the news release. "What is especially disturbing about this case is the exploitation of family and church relationships to defraud unsuspecting investors of their hard-earned savings to finance both the scheme and personal expenses."

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