Legislation
LEGISLATIVE PROGRAM – 2009-2010
2009 -2010 New York State Executive Budget (S.56/A.156) – We urge the legislature to reject the cuts proposed for all state employees and retirees benefits and the state workforce in the Executive Budget. (Article 7, Part Z (creates sliding scale for retiree health insurance), BB (eliminates 3% raise for all scheduled for 4/1/09), CC (implements a new Tier V Pension benefit for new public hires, EE (implements a new additional 5-day lag payroll), and AA (requiring state employees/retirees to contribute to Medicare Part B).
OMCE will continue to work with the legislature and the Executive Branch and all other labor organizations on a resolution.
Millionaire’s Tax – This proposed legislation will create a new temporary income tax rate (surcharge) for those whose individual income exceeds $250,000. Similar to temporary legislation passed in 2003, it is predicted that this legislation will yield almost $10 billion.
Federal Aid – Stimulus Package for the States – OMCE, working with its affiliates, the Office and Professional Employees International Union (OPEIU) and the state and national AFL-CIO will be working with the Congress and President Obama to ensure that New York State gets its appropriate share of any stimulus funding enacted. It is anticipated that this could reach $8-10 billion for New York. Currently, New York receives $87 billion per year less in aid than we send the Federal Government.
Pension Equity Program – History teaches us that as Executives propose new retirement tiers, the legislature responds with a call for a Pension Task Force. Such a task force will examine the Governor’s Tier V proposal along with others and the current inequities between existing tiers. We will take an active role in any Pension Task Force (assuming its creation) and urge that the reform of existing pension inequities must be part of the final recommendations/proposed legislation.
Among these reforms and inequities we will urge resolution of:
Tier III and IV Additional Credits: This bill would allow certain Tier 3 and 4 retirement system members who have contributed for a period of 10 years or more to receive an additional month of service credit for each year of service in excess of 10 years of service for which such member has contributed.
Tier III and IV: This bill would increase the maximum salary that may be used for the calculation of final average salary from 110% to 120% of the average of the salary for the previous two years.
OCTF 25-Year Bill: This bill would establish a 25-year retirement program for police investigators assigned to the New York State Office of the Attorney General.
Airport Firefighters and State Police Civilian Pilots 25-Year Bill: This bill would establish a 25-year retirement program for firefighters assigned to the Division of Military and Naval Affairs.
§211 Waiver Employees Pension Program: This bill would provide retired peace and police officers who return to public service in a state position under a §211 waiver to participate in the Deferred Compensation Plan with an annual state match of $2,500 and $5,000 for those in a 211 position for less than 5 years and more than 5 years, respectively.
Inservice Death Benefit: An inservice death benefit of 3x one’s annual salary if killed in the line of duty will be provided to those §211employees.
Increase in Retiree’s Salary Cap: This bill would increase, from $30,000 to $32,500 the amount that public retirees could earn without diminution of retirement benefits.
OTHER LEGISLATION:
Pension COLA Adjustment: is under discussion for possible submission later in the Session.
Martin Act Amendment: Amends the Business Corporation Law and Retirement and Social Security Law to provide authority to large institutional investors, including NYS’s pension fund and the NYC pension funds to bring actions for damages resulting from violations of the State’s Martin Act.
Whistleblower Protection: These bills would expand the protections from retaliation for whistleblowers who report illegal business activity. Whistleblowers would share in any savings/recoupment to the State.
New Initiatives:
Succession Planning Retirement Incentive – A prospective retiree is paired with their eligible successor. The retiree (mentor) working under Section 212, 50% time for 6 months in former position while training successor. Successor would work 50% in current position and 50% in the position for which they are being trained by the mentor. Retirement benefit is recalculated for the retiree reflecting the new service income in their FAS (final average salary).
Section 78 of the Civil Service Law – Amend those sections that call for the Placement or Transfer Roster to be created when a Reduction in Force is implemented! Mandates that placement rosters must be used to fill any positions deemed appropriate that are authorized by DOB hiring waivers during a hiring freeze.
Section 75 – Dismissal Rights for Tenured Employees – This bill mandates that the decision rendered by a hearing officer appointed pursuant to this Section shall be binding on all parties.
Vacation Exchange – Amends appropriate Civil Service laws, rules and regulations to allow any employee covered by the State’s attendance rules who has accrued at least 35 or more days of annual leave to cash in 10 days of such leave annually.
Posted 1/16/09