Legislation

OMCE LEGISLATIVE PROGRAM -2008

Here is a brief summary of OMCE “key” bills:

M/C PayBill: This bill provides M/C salary and benefit increases for 2007-2011. (Comparable to those negotiated with unions.)  Signed, Chapter 10. (S.6773/A.9816).  

Pension Equity Program

• 30 Day Vacation Pay Legislation: This bill would allow individuals in late Tier I (joined the retirement system after March 31, 1972 and before July 1, 1973) and all Tier II employees to include up to 30 days unused vacation pay in the computation of final average salary (A.4593-Abbate, S.4553-Robach).

• 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.  Vetoed, to be reintroduced.

• Airport Firefighters 25-Year Bill:  This bill would establish a 25-year retirement program for firefighters assigned to the Division of Military and Naval Affairs.

• Tier III and IV: 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.  (S4554-Robach, A.7128-McEneny)

• 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 (A.8375-Abbate).

• §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.

 Other 

• 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.  (Submitted, pending introduction.)

• 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 (S.4957-Morahan, A.8902-Zebrowski [increases cap to $40,000]).

• Retiree Health Insurance Protection: This bill would prohibit the diminishment of a retiree’s health insurance unless there is a corresponding diminishment for active employees.  Legislation vetoed in 2003, 2004, 2005, 2006 and 2007. Governor Spitzer vetoed, but suggested a study commission.

• Pension COLA Adjustment:  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 New York State's and New York City's pension funds, to bring actions for damages resulting from violations of the State’s Martin Act. (S.6037A-Libous/A.1369A-Brodsky).

• Whistleblower Protection: These bills would expand the protections from retaliation for whistleblowers who report illegal business activity (OMCE bill to be introduced, S.5655-Leibell/A.8405-Brodsky).

Rev. 2/4/08