It appears that a lot of retired employees for the Long Island Railroad have managed to garner a windfall for themselves – disability payments of as much as $250,000 per year each for people well enough to walk a golf course several times a week, at an aggregate cost of over $250 million since 2000. This comes from the Railroad Retirement Board, and ultimately comes from taxes on railroads and their workers, but also from Social Security, which had to contribute $3.6 billion last year to cover RRB expenses. A relatively small group of doctors have certified these disability claims, and the RRB only rejects about 2% of applications; versus the 45% which the Social Security Administration rejects. The NYT article suggests it will take Congressional action to change this.

L.I.R.R. employees hired before 1988 with 20 years of service can start drawing on that pension at age 50. In fact, most workers start filing for disability in their 50s, records show. With monthly disability payments averaging about $3,000 a month, plus pension, retirees can earn their base salary and sometimes more until they reach normal retirement age.

“When you’re 50, you’re still active,” said Tom Prendergast, a former L.I.R.R. president who is now running a transit system in Canada. “You like to work on your house, go out on your boat, travel, whatever.”

In each year since 2000, between 93 percent and 97 percent of employees over 50 who retired with 20 years of service also received disability payments.

Four years ago, the transportation authority’s inspector general cautioned that occupational disabilities could have financial implications for the L.I.R.R.’s pension plan, which it found to be “extremely” underfunded. “An added incentive for employees to take their pensions is the ease with which they can qualify for occupational disability,” the inspector general said in a 2004 report.

The railroad for a variety of reasons had to triple its annual contributions to the pension fund to $94 million in 2004 from $32 million in 2000.

There are other benefits to being a disabled L.I.R.R. employee. Those deemed to be so severely incapacitated that they cannot hold any job — not just their regular railroad job — also get health care through Medicare, as well as special tax breaks. Nearly half of L.I.R.R. workers classified as occupationally disabled are later reclassified by the retirement board as totally disabled, records show.

And then there is the free golf. Debbie Keville, an official with the state’s Office of Parks, Recreation and Historic Preservation, explained who qualifies for what is called an Access Pass, allowing the disabled free use of sports facilities in state parks:

“You have to have a functional disability. By that, I mean a person has to have severe limitations — for example, with sight impairment, you have to have a high level of visual loss — you can’t have your better eye seeing fine. If you have to have an ambulatory aid — such as a cane — you need to have it at all times, not just some of the time. Mental retardation or developmental disability qualifies you.”

and

If L.I.R.R. managers had decided in years past to investigate disabilities, they would not have had to look very far; most of them were retiring and getting disability payments, too.

Records show that in one recent three-year period, more than 60 white-collar managers retired and were classified as disabled. Like union members, many managers can retire at age 50 or 55 with benefits.

One such retiree was Janet Lewis, a former director of government and community affairs. Ms. Lewis declined to discuss the nature of her disability, saying it was a private matter. Her husband, Michael J. Canino, is also retired on disability. He is a former authority board member and chairman of the L.I.R.R. labor council, which represents all of the L.I.R.R. unions.

Between their pensions and disability payments, Ms. Lewis and Mr. Canino take in about $280,000 annually, according to estimates based on public records.

So should these people continue to be paid for their “disabilities,” or ought we to change the rules – retroactively – and re-examine these cases, to see whether they are receiving their windfalls for some good reason?

When something is unjust, it ought to be corrected. Cleanly, fully, promptly.

And this shows the importance of a strong fourth estate. Good work!