In the resignation fallout, speculation lingers that Willie Herenton quit now to save his pension because he feared he would soon be indicted. A grand jury has been investigating Herenton's business practices for months, and the thinking is that quitting now could allow him to keep his pension.
Under a 2006 state law passed in the wake of the Tennessee Waltz corruption scandal, a public official must forfeit retirement benefits if he or she is convicted of a felony "arising out of that person's official capacity, constituting malfeasance in office.''
Some observers have suggested that quitting before an indictment could abort pension forfeiture, although the law doesn't speak to that.
David M. Himmelreich, general counsel for the Tennessee Ethics Commission, said in an e-mail that the question was outside his jurisdiction. He suggested the state Attorney General might have issued a written opinion on the matter, though no such opinion could be located on the AG's Web site.
Prominent Memphis defense attorney Leslie Ballin reviewed the law this week and said it appears resigning would not keep an official from forfeiting a pension if the official is convicted of a felony corruption offense.
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