Former Luzerne County Children and Youth head files court action over pension denial

Former Luzerne County Children and Youth director Joanne Van Saun has filed a civil complaint over the denial of her county pension, court filings show.

The Dallas woman was sentenced last December to 34 months of probation for misdemeanor child endangerment and obstruction offenses, with the first nine months on house arrest, related to her failure to investigate at least 217 reports alleging child abuse and neglect in 2017.

The county Retirement Board, which oversees the employee pension fund, had unanimously voted in February to deny Van Saun’s county pension, which had been calculated at $4,467.23 per month based largely on her approximately 36 years of county employment, according to the board.

In July, the board voted unanimously to refund Van Saun $88,319.53 in employee contributions — without interest — saying it had no legal grounds to withhold payments she had made toward her pension.

Under the state’s Public Employee Pension Forfeiture Act, former employees are not eligible for a pension or interest on their contributions toward a pension if they are convicted of certain crimes related to their employment, officials have said.

Van Saun’s recent civil complaint in the county Court of Common Pleas argues the offenses to which she pleaded guilty did not fall under the definitions of those allowing pension forfeiture under the state act.

The filing against the retirement board and pension system detailed the crimes warranting pension forfeiture and stated the misdemeanors against Van Saun do not fall under any of them.

According to the filing by Van Saun’s legal counsel, Myers, Brier & Kelly in Scranton:

Van Saun began her employment with county Children and Youth in February 1986 and retired on July 1, 2021, at age 58. Several days later, on July 6, she was charged in a criminal complaint.

On Oct. 8 last year, days before her Oct. 14 guilty plea, Van Saun’s legal counsel wrote to the retirement board reiterating her pension election and advising the inapplicability of the forfeiture act if she pleaded guilty. The board did not respond.

Van Saun again wrote to the board on Feb. 8 and included a court transcript to show there was a discussion about her receipt of a pension during her December sentencing hearing before Dauphin County Court of Common Pleas Judge Scott A. Evans.

The transcript quotes Senior Deputy Attorney General Bernard Anderson saying this to Judge Evans regarding Van Saun: “Yes she lost her career. But you know what, she was retirement age anyway. It’s not like this was a long career going. I’m not saying that’s nothing, but she still has her pension. She’s getting all her pension payments.”

The filing asserts the board did not respond to Van Saun’s Feb. 8 communication.

On March 4, the county pension coordinator sent Van Saun a letter informing her the board voted to forfeit her pension but that she would be entitled to her contributions without interest.

Van Saun’s filing said this letter deviated from past practice by failing to disclose a specific reason for the forfeiture. Her legal counsel sent the board another letter May 27 demanding reversal of the forfeiture and reinstatement of Van Saun’s full pension with interest, it said.

Her court action seeks a declaration that the board’s pension forfeiture decision violates the act and that its actions have been “arbitrary, vexatious and in bad faith” pursuant to state law.

Response

In its response, the retirement board said Van Saun’s complaint does not conform with Pennsylvania Rules of Civil Procedure.

Van Saun is legally required to exhaust all administrative remedies rather than bringing the action before the court, said the filing by Bethlehem-based King, Spry, Herman, Freund & Faul. It notes Van Saun has failed to file a “notice of claim” to either the board or pension system.

The complaint should be denied and dismissed with prejudice because the court lacks jurisdiction, the response said.

A judge has not yet been assigned to the matter, the court docket shows.