Six members of the Baltimore County Council got a tongue-lashing from rival candidates, community activists and two former council members for mishandling a pension loophole that had handed the body’s seventh retiring member a pension bonanza.

“I think this is one of the worse scandals in recent memory,” Nick Stewart, a Democratic candidate for county executive, said of the delayed implementation of legislation that allowed Councilman Wade Kach (R, 3rd) to resign from office days before it went into effect – and doubled his prospective pension from $41,400 to $84,000 a year.

The speakers criticized the council for setting up an overly generous pension plan for themselves, then trying to dismantle the system when it stirred a public backlash.

“It is simply wrong for Councilman Kach to retire just days before the effective date and receive a lifetime pension that is even higher than his current salary,” asserted Tom Quirk, a former Catonsville councilman, while Sharonda Dillard-Huffman, running in District 8 in the June primary, bemoaned that county residents are being “bamboozled.”

“They are waiting for us not to pay attention,” she warned.

Their remarks came as part of a virtual press conference on Tuesday where both Democratic and Republican primary hopefuls addressed “Pensiongate” ahead of the council’s work session last night.

During that session, none of the lawmakers addressed the public anger.

Instead, Councilman Pat Young, who is running for county executive, described a new bill that would backdate the effective day of the pension change from May 11 to April 10, 2026, thereby negating Kach’s windfall.

No vote was taken last night. Rather, Bill 63-26, replacing Bill 19-26, is set for final passage on June 1.

• See The Brew’s series, County Councilmen Boost Their Pensions, for background and analysis.

The controversy stems from the council’s approval of Bill 40-24 back in 2024.

Stewart argued that the measure, sponsored by Kach and first reported by The Brew, created an extraordinary and unjustified windfall for elected officials by recalculating retiree pensions to the future salaries of active council members rather than to the retirees’ own earned salaries while in office.

In addition to Kach, lawmakers benefiting from the change included Councilmen Izzy Patoka (D, 2nd) and Julian E. Jones Jr. (D, 4th), who are currently running for county executive and will retire from the council this December.

On the same day that Kach’s 2024 bill passed, Patoka introduced legislation that would make council members’ jobs full-time rather than part-time, a move that would effectively double their future salaries – and double the future pensions of long-serving members.
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Differing Outcomes for Different Plans

FOR PUBLIC SCHOOL TEACHERS: Must serve 30 years full-time to qualify for pensions of roughly 50-55% of their salary.

FOR POLICE AND FIREFIGHTERS: Must serve 25-30 years to qualify for pensions of roughly 50%-60% of their salary.

FOR COUNCIL MEMBERS PRIOR TO MAY 11: Must serve only four years to qualify. At age 55 and after 12 years on the council, eligible for roughly $84,000 per year, to increase when active council members’ salaries increase.
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Earlier this year, as news spread of the pension windfall, the lawmakers introduced a bill to repeal the changes.

Activist Peta Richkus and other critics argued that the 45-day delay in implementing the repeal bill created the conditions that Kach exploited by resigning as of 11:59 p.m. on May 7, or four days before the bill would go into effect.

Last night Council Chair Mike Ertel called on Thomas H. Bostwick, the council secretary, to defend the 45-day window.

Bostwick said 45 days are the “default date” for legislation passed by four votes (a bare majority) because staffers did not anticipate that the repeal bill would pass unanimously by seven votes, including Kach’s. That resulted in a super majority that would have allowed its provisions to go into effect whenever the council wanted.

Dillard-Huffman responded to his explanation by saying the council should invest in more and better staff.

An Unfortunate Accident?

“Not many of us bought the council’s story that this was some Lemony Snicket-style series of unfortunate events that led to an accidental doubling of a councilman’s pension,” Stewart said at the press conference.

Even if the council passes Bill 63-26 next Monday, there is a real question, Stewart continued, whether the bill will hold up in court “because judges don’t like legislatures that make laws retroactive, and Councilman Kach did all he needed to do to perfect his right to the pension.”

Rob Daniels, an independent candidate for county executive, said there were two possible explanations for the council’s recent actions.

“Either this council is dangerously incompetent or it knowingly created a system designed to protect insiders, then pretended to reverse course once the public caught on.”

Republican Tim Fazenbaker, a candidate for the new 9th District, was equally scathing. “Everyday people are struggling, and then they see this form of nepotism and self-dealing encroach,” he said.

“Greed is absolutely shameful in anyone. But especially in our elected officials”  – Former councilwoman Vicki Almond.

The same theme was expanded on by former Second District councilwoman and 2018 county executive candidate Vicki Almond.

“Greed is absolutely shameful in anyone. But especially in our elected officials,” she lamented. “I am absolutely appalled, and so are most of my friends and the people I deal with every day.”

A Man of Many Pensions

In his “Dear Constituents” resignation letter, Kach did not address the pension issue. “It is with deep regret that I must step down due to health reasons that were unforeseeable prior to my last election in 2022.” he said. He will turn 79 in July.

“I believe.” he continued, “my tenure in Baltimore County has helped make the 3rd District stronger and more vibrant. I will sorely miss my constituents who have worked with me and my office to create this special place to live, grow, work and play.”

In addition to Social Security, Kach gets two government pensions at present, sources tell The Brew.

One is for being a math teacher and auditor for 30 years at Baltimore Public Schools, and a second from the Legislative Pension Plan for his nearly 40 years as a state delegate representing northern Baltimore County.

The council pension, based on his 11½ years in elected office, will open a fourth retirement income stream.