Judge Toothman files paper indicating he may sue pension board
Mike Jones/Observer-Reporter
Former Greene County judge Farley Toothman is shown in his chambers in this file photo.
Farley Toothman
WAYNESBURG – Greene County President Judge Farley Toothman, in his capacity as a former county employee, has filed a writ of summons with the court indicating he intends to sue Greene County Retirement Board over the lack of information regarding his pension eligibility.
Though no complaint has been filed, Toothman said Tuesday he hopes to address a matter he brought up at a retirement board meeting in September involving the board’s failure to notify him as a former county employee he had to apply for county pension benefits when he reached the age of eligibility.
Toothman said he was not informed in June 2015, when he turned 60 and was eligible to begin receiving benefits from the plan, that he would have to apply for those benefits.
When he was later made aware of the requirement, in July 2016, he made application. However, Toothman said, he gave up collecting about $10,726 during the 13 months from the date he became eligible until the date he applied. He asked the board whether he could collect the money due him for the 13 months.
Toothman was a county employee prior to becoming judge, which is a state position. He was a county commissioner for eight years and county solicitor for more than five years.
He said he began the court proceeding to clarify the matter regarding the pension, which also might be relevant to other former county employees.
“It’s not adversarial. It’s just an administrative difference of opinion, and I want to bring it to a head,” he said. “I believe my situation may represent a situation others may be in.”
Toothman said he believes he not only should have been notified he had to apply for the benefits but also should been provided at the time of eligibility with information regarding what his payment would be then, as well as what it would be if he deferred receiving benefits until later.
Though monthly payments increase the longer an employee defers taking benefits, Toothman said he has not been given any information regarding what the monthly payments would be if he began collecting at the age of eligibility or waited until later.
“If they won’t tell me, how can I make a logical decision” on whether it would have been better for him to accept benefits at the age of eligibility or wait until later, he said.
In addition, Toothman said, because he didn’t apply at the age of eligibility, the board assumed he was deferring benefits. He had no choice in the matter.
“They imposed that decision,” he said.
The board later notified Toothman he would receive his benefits as of the date of his application. He said he received nothing official regarding his request for payment for the 13 months, though he was told by board solicitor John Stets the board would not support that request.
Greene County Chief Clerk Jeff Marshall said the county had not yet received the writ. Controller Dave Balint, secretary of the pension board, said the notice was sent to his office. Balint said in dealing with the matter, the board followed the provisions of Act 96, the county pension law.
“He (Toothman) was given notice when he retired that he would have to make application, the same as all other plan participants. He is being treated the same as all other plan participants,” Balint said.
All county employees are notified of the application requirement by the county human resources department when they leave the county and sign documents indicating they understand those conditions, he said.
Toothman said, however, he had no documents indicating he had been given information regarding the application requirement.
The board did not approve Toothman’s request for payments for the time between when he was eligible for benefits and when he applied for them, Balint said.
“That would be contrary to plan documents and Act 96,” Balint said.
The board at the September meeting did vote to begin sending former county employees notice when they reach the age of eligibility about the application requirement.