Former Mayor Eric Adams used a “special rule” to let some high-ranking NYPD officials keep their police pension benefits even after leaving the department to take on pension-ineligible positions in government or the private sector, according to a new investigative report released on Thursday.
The NYC Department of Investigation (DOI) issued the Sept. 17 report following an investigation into the NYPD’s use of Section 821 designations, which can allow employees to retain certain rights after moving from uniformed police positions into civilian or other government leadership roles.
The provision is intended to encourage qualified employees to take temporary positions outside the competitive civil service without losing pension-related rights.
However, DOI reviewed records from the NYPD, Police Pension Fund, Department of Citywide Administrative Services (DCAS), and other agencies, and found at least five cases in which NYPD officials moved from pension-eligible positions into positions that were not eligible for the pension benefits but were allowed to continue their pension membership.
DOI said the policy resulted in higher pensions, either currently or in the future, than what the individuals were entitled to under the law. In three additional cases, the NYPD had agreements with employees that limited how much their civilian salaries could increase their pension payments. DOI said the Police Pension Fund was informed of those agreements but did not apply the limits when calculating the pensions.
“This investigation illustrates the essential need for agencies to communicate clearly with each other and for government agencies to have well-defined, written policies and follow the rules,” DOI Commissioner Nadia Shihata said. “These critical elements were absent in the prior mayoral administration’s issuance of § 821 designations involving several high-ranking NYPD personnel.”
amNewYork contacted both Adams’ office as well as the police officers’ union for comment on the investigation and is awaiting responses from both.
DOI seeks police pension adjustments for Adams-era officials
New Yorkers paid for the bigger pensions, Shihata said. Her office is also calling for the Police Pension Fund to adjust the pensions of longtime NYPD officials Eugene Whyte and Edelle James, and former NYC Department of Correction (DOC) Commissioner Louis Molina without the 821 designations.
Molina, a former NYPD detective whom Adams appointed as DOC commissioner in 2022, retired from his most recent post as Citywide Administrative Services Commissioner in Dec. 2025. According to a report in the Daily News, he continued to receive paychecks until his NYPD pension — which included the Section 821 designation — kicked in Jan. 21.
“As a result, NYPD officials were treated inconsistently, and some received a higher pension than they would otherwise have been eligible for, with taxpayers footing the bill,” Shihata said.
During the Adams administration, police commissioners designated nine people for exempt or unclassified positions while allowing them to retain competitive-class rights under Section 821. The last designation occurred in Feb. 2025.
“The [Police Pension Fund] should ensure that the pensions of Kenneth Morgan and Lamona Knight are calculated in a manner that excludes their service as NYPD Assistant Commissioners,” the report stated.
DOI also recommended creating written policies for Section 821 designations. According to the agency, the NYPD and DCAS accepted all recommendations directed to them. The pension fund accepted a recommendation to create a written policy, DOI said.
However, it is unclear if the pension fund will reevaluate the affected pensions of those mentioned in the investigation.
