An imprisoned Monroe County elementary principal who sexually abused young boys at his school can begin receiving his state pension next year — possibly thousands of dollars a month for the rest of his life.

Ashton could receive about 40 percent of an average salary of about $160,000, or about $64,000 a year. There are multiple options with pensions and that amount could be reduced based on his selection.

How he’ll receive the pension is now unknown, but there have been cases in which state pension checks are sent to individuals incarcerated in New York prisons.

Ashton was convicted of the sexual abuse of more than 20 elementary school children at Northwood Elementary School in Hilton, where he was principal for 17 years. He is now 54 and not scheduled for release until 2039. He can begin receiving his pension at 55 years old.

There is nothing in state law that prohibits Ashton from his pension, though New York does have pension forfeiture statutes designed to curb the criminal appetites of corrupt officials. Ashton, as an educator, is exempt from those laws, as also are police and most rank-and-file municipal employees.

The New York State Teachers Retirement System confirmed that Ashton can start collecting his pension next year. Ashton, who was a teacher and administrator before becoming a principal, entered the system in 1996.

Corrupt officials are not losing their pensions, despite voter intent

As the Democrat and Chronicle and USA TODAY Network reported recently, the state laws that allow for the revocation of pensions from corrupt public officials have largely been for naught. Legislation in 2011 and a subsequent constitutional amendment vote in 2017 were supposed to curb public corruption because of the threat of the loss of pensions.

In the 2017 referendum, 73 percent of voters approved of revoking pensions from criminal public officials.

But the law has gone unused.

Even the public officials who were covered by the 2011 legislation and the more expansive constitutional amendment have gone untouched. In its investigation, the USA TODAY Network found no public corruption cases that utilized the pension forfeiture process.

Even were the laws wielded by New York prosecutors — those who must decide whether to seek a pension forfeiture from a convicted felon — Ashton’s pension could not be touched. The state Legislature crafted its pension forfeiture laws in the aftermath of high-profile corruption crimes by elected lawmakers, not in response to crimes by educators or police.

Under those laws, an official must be convicted of a job-related felony. After the conviction, a district attorney can seek the forfeiture of all or part of a pension through a civil proceeding.

Other states have carved out pension forfeiture statutes that extend beyond what New York allows.

Pennsylvania, Ohio and North Carolina are among the states, for instance, that allow the revocation of part or all of the pension of an educator who sexually or physically victimized a student or other youth.

How does this compare to the Sandusky case?

Pension forfeiture laws are not uncommon in the United States, and many states implemented similar laws well before New York. However, states vary greatly in how they apply the laws and who can lose part or all of their pensions with crimes.

Arkansas, for instance, has a very limited pension forfeiture statute for public officials, according to the National Association of State Retirement Administrators. There, a pension can be taken from “a (retirement) system beneficiary convicted of murdering a member of a public retirement system.”

Some states, like New York, do exempt educators from the laws. But others subject educators to the same measures, not only for sex-related crimes but also if they commit crimes of public corruption, such as theft of public funds.

Robert Klausner, a Florida lawyer who specializes in the representation of public employee funds, said corruption cases against educators are unusual. Teachers don’t have the opportunity to rip off public funds, he said, unlike administrators, like Karam, who may have the chance.

“Some have added sex crimes against children,” Klausner said. “… These laws have routinely been held to be constitutional.”

It has been a decade since a fight over a possible pension loss became national news: In that case Jerry Sandusky, a former Penn State assistant football coach convicted of sex abuse charges fought for restoration of his pension of nearly $60,000 a year.

Sandusky, who maintains his innocence, at first lost his pension based on the decision of a state employees’ retirement board. But a judge later restored the pension, determining that Sandusky did not have an employer-employee relationship with Penn State at the time of the crimes.

Sandusky is serving 30 to 60 years in prison, convicted of 45 counts of sex abuse against young boys.

Oneida prosecution changed course

A recent Oneida County prosecution — one that appeared it might be the first use of the pension forfeiture process in New York — was a stark reminder of where the forfeiture laws reach and where they don’t.

Former Utica school Superintendent Bruce Karam pleaded guilty in March in Oneida County to public corruption, for using school district funds to mail out campaign literature and invitations to a non-school-related fundraiser.

The case looked tailor-made for pension forfeiture, in that it met the two significant conditions: The crime was a felony and it was job-related.

Initially, the Oneida County District Attorney’s Office carved out a plea deal with an agreement for some pension forfeiture. However, after the plea, the Oneida DA’s office had to step back from pursuing pension forfeiture because the statutes don’t apply to Karam as an educator.

Michael Vavonese, the Syracuse-based lawyer who represented Karam, said the plea agreement assured that Karam’s pension will be secured for the future. Instead, a lump sum payment of $150,000 was part of the plea.

That amount was determined to be the equivalent of a loss of his pension earnings “from the date of his crime until his termination,” according to the state Comptroller’s Office.

Representatives with NYSTRS declined to comment about Karam’s case, saying they do not discuss criminal matters involving educators who are part of the pension system.

Ashton’s pension: Tax money will flow from you to felon sex offender

How much Ashton’s pension will be is not now publicly available, since he has yet to begin collecting. He averaged about $160,000 a year his final three years, which dictate the average for his pension. NYSTRS officials say he entered the system in 1996, so his pension would be around 40% of the average.

Also, how Ashton would receive the pension is unknown. The state comptroller’s office said pension checks have been sent to prison inmates.

Ashton will likely forfeit some of the pension income to his ex-wife as part of his divorce. His former wife filed to divorce him after the criminal charges, meaning she could receive a significant portion of his assets. As well, there are multiple options for how a retiree can receive a pension and those choices could reduce the amount paid out to him each year.

There have also been more than two dozen lawsuits from victims against the Hilton Central School District and Ashton. Public records show that many have settled, or are now close to settlement. Those settlements have mostly been filed under seal, but some public records suggest that the insurers for the Hilton schools will be paying out millions of dollars.

Ashton will likely not be responsible for those payments unless the victims decide to target him specifically. So far, according to court records, the school district insurers will be responsible for the awards to the victims.

Two dozen former students, all boys or young men, testified at Ashton’s trial in 2022. Some of them detailed how Ashton touched their private parts under their clothing on numerous occasions while in his office at the school.

The victims spoke of suicide attempts and overbearing depression because of the abuse.

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

One lawsuit, typical of most, says that a student who suffered from attention-deficit disorder was regularly called into Ashton’s office in his third, fourth and fifth grade years, where Ashton fondled him.

Ashton gave the boy “gifts, such as stickers, trinkets, and bracelets,” while warning him not to tell anyone of the abuse, the lawsuit alleges. At trial and in lawsuits, victims told similar stories, namely that Ashton often targeted more vulnerable children.

Ashton has appealed his convictions. Should the appeal be successful or not, he could expect his first pension check around his spring birthday in 2025.

— Includes reporting by USA TODAY Network reporter Asher Stockler.

This article originally appeared on Rochester Democrat and Chronicle: Kirk Ashton, convicted of abusing students, is eligible for NY pension