Staten Island DA and judge power couple criticized for ‘double dipping’ with six-figure pensions on top of $200K-plus salaries
A Staten Island power couple made up of the district attorney and a state Supreme Court judge are under scrutiny for “double dipping” by taking in hefty taxpayer-funded salaries and pensions.
Both DA Michael McMahon and Judge Judith McMahon are getting paid six-figure salaries while also collecting government pensions that are likely more than $100,000, The Post has learned.
DA McMahon “retired” from government service in December — while remaining the borough’s chief prosecutor — and now collects a pension that is likely upwards of $130,000.
McMahon, 66, a former legislative staffer, councilman and congressman before becoming district attorney in 2016, has accrued more than 30 years of government service.
The move is legal given his age, but has some political insiders raising their eyebrows.
“It’s not a good look for a district attorney to be double dipping. He’s still working and not retired,” one insider told The Post. “It’s legal — but it’s not right.”
Judith McMahon, a state Supreme Court judge, is paid $210,900 while also collecting a $122,916 pension after she worked as an attorney for two judges before her own elevation to the bench, according to her online bio and a pension database.
Between them, they’re pulling more than $600,000 in gross compensation from their combined pay and pensions.
Judge McMahon’s retirement date was effective Dec. 31, 2022, according to See Through NY, the payroll and pension records data site compiled by the Empire Center for Public Policy.
Mike McMahon “retired” effective Dec. 30 of last year, according to a payroll notice the DA’s office filed with The City Record.
“Elected officials enjoy a loophole because they can retire on New Year’s Eve and keep getting paid on New Year’s Day,” said Ken Girardin, director of research for the Empire Center for Public Policy.
“The pension system was not designed for a situation like this. The pension is supposed to be for government employees — after they stop working,” he said.
DA McMahon, through a spokesman, defended getting a government pension while still serving as the paid prosecutor.
“After 30-plus years in public service to the people of New York, DA McMahon submitted his retirement papers at the end of 2023 but of course continues to serve as Richmond County District Attorney,” a rep for McMahon said.
“It’s quite frankly a no-brainer for those in public service, as not retiring when you are eligible puts your family at risk to receive no pension at all if you were to die,” the DA’s rep added.
McMahon’s office declined to divulge what his monthly or annual public pension is.
But one pension expert said McMahon is eligible to collect 60% of his final three years’ salary.
The notice filed in the City Record listed his salary as $218,000, while other records say it’s $212,800.
That means his annual pension could be as high as $127,680 to $130,800, said John Murphy, the former executive director of the New York City Employees Retirement System.
McMahon, a Democrat, was re-elected last year to a third term, running unopposed by a Republican challenger.
“[McMahon] can collect his pension and continue working. He’s entitled to the pension,” Murphy, the former NYCERS chief, said.
“People can throw rocks at it. It strikes people as unseemly. Maybe he made up his mind not to run for office again and doesn’t have to worry about the political blowback,” surmised Murphy.
Such double dipping is a time-honored practice, especially among state lawmakers.
State pension law allows legislators who are at least age 65 and elected before 1995 to retire for pension purposes.
One source in the court system said many judges, not just Judith McMahon, “retire” to collect a pension while still in office. But they forfeit the right to apply for a waiver to serve as a judge ater the mandatory retirement age of 70.
The Post has reached out to Judith McMahon, via the Office of Court Administration and DA McMahon for comment.
