News

7/22/10 – OMCE Moving Day: We will be moving our offices to a new location on Wednesday, July 28. Although we expect to have a phone operating at both the old and new locations that day, nevertheless you may encounter some difficulty reaching us on Wednesday and we wanted to alert you to that possibility ahead of time. We expect to be fully operational by the next day, Thursday. Our telephone, fax and email contact information will stay the same, but our address will change.  Effective July 28, 2010, our new address will be:

            The Organization of NYS Management/Confidential Employees (OMCE)

            5 Pine West Plaza, Suite 513

            Albany, NY  12205-5587     

7/13/10 – Update: Status of Hospital Negotiations: Click on the link below for information of interest to Empire Plan enrollees in Westchester County and Eastern Long Island on the status of Empire BlueCross BlueShield negotiations with the East End Health Alliance (EEHA) and Stellaris Hospital Network. Empire BlueCross BlueShield and EEHA have signed a deal and EEHA is once again a participating network facility. EEHA is comprised of Eastern Long Island Hospital, Peconic Bay Medical Center and Southampton Hospital. EEHA became a non-participating facility in August 2009 when negotiations with Empire BlueCross BlueShield broke down. As for Stellaris, negotiations so far have been unsuccessful. Empire says Stellaris is asking for double digit increases that Empire finds unsustainable. Stellaris says it wants a large increase in reimbursement rates because Empire has underpaid the Westchester hospitals for years. Consequently, Stellaris Health Network hospitals are no longer participating facilities with Empire BlueCross BlueShield. Stellaris Health Network consists of Lawrence Hospital, Northern Westchester Hospital, Phelps Memorial Hospital Center and White Plains Hospital. 

Info: http://www.cs.state.ny.us/ebd/ebdonlinecenter/eeha_faq.cfm

6/28/10 – Retirement Incentive: In our June 4 Retirement Incentive Program posting on this page, we suggested that if you want the targeted retirement incentive, you should take the initiative and notify your agency of your interest. We shared the same advice in telephone and email inquiries we received from members. 

Some members told us that, when they informed their agency or facility of their interest in retiring, they were told the agency or facility will not be participating in the targeted incentive. We shared this information with the Division of the Budget and learned that agency decisions to not offer the targeted incentive were preceded by discussions with their individual budget examiners concerning the extent to which meaningful savings could be realized when weighed against the criteria for participation outlined in the budget bulletin announcing the program. That is, that “the targeted retirement incentive is intended to achieve budgetary savings in cases where savings cannot otherwise be achieved through normal attrition;” “a position may be targeted for the incentive only in situations where the agency will achieve permanent recurring savings;” or “the loss of such position would . . . result in significant financial plan savings net of the additional pension costs associated with the incentive.” In many instances, we were told, the projected savings from replacing retiring job rate employees with hiring rate or mid-grade range employees were not significant when weighed against the aforementioned criteria for agency participation in the targeted incentive.

Based upon what we have learned from the Budget Division, if you want the targeted retirement incentive and your agency has told you it will not be participating, you may wish to make a demonstration, if you can, concerning how your participation in the incentive could produce significant savings, consistent with both the aforementioned criteria and the stated goal of the targeted incentive program “to maximize savings through permanent workforce reductions.”

As a first step, you should review Budget Bulletin B-1190 (View Here) to acquaint yourself with the criteria, as outlined in the bulletin. A problem you will encounter is that no one’s circumstances are exactly the same and no one has defined the numbers that would represent significant savings. And there’s also the seniority factor to consider. You may very well end up expending a lot of effort for nothing or making the case for someone else who has more seniority than you. Unfortunately, that’s the reality of the situation currently and, as with last year’s separation incentive, it remains to be seen if this targeted incentive results in any significant workforce reductions.

As always, we are available to advise and assist members, as best we can under these circumstances. Where groups of members go through the process and are turned down, we will be glad to review the arguments and documentation used to make the case and, to the extent possible, pursue it further with the Division of the Budget. Call or email us at 800-828-6623 (nysomce@gmail.com).

Revised 6/8/10 - Medicare Part B Reimbursement Attacked - Budget Extender Bill Passes: In his latest Fiscal Year 2010-11 Budget Extender bill, which the Legislature passed yesterday, Governor Paterson decided to force State employees and retirees to share in the cost of reimbursing Medicare eligibles for their Part B premium. The legislation calls for this to be accomplished by adding the cost of Medicare Part B reimbursement to the cost of health insurance coverage provided through the New York State Health Insurance Program (NYSHIP). The total costs will be shared by the State and its employees and retirees enrolled in NYSHIP. State employees retiring on or after January 1, 1983 contribute 10% of the cost of individual health coverage and 25% of dependent coverage. Both active and retired State employees will face increased insurance premium costs, because of this unilateral change initiated by the Governor. 

For over forty-four years, the law, rules and regulations have been rigorously implemented. The statutory language and the legislative intent on this very issue is and has been quite clear. When in 2005 Governor Pataki tried to gut Civil Service Law Section 167-a, Reimbursement for medicare premium charges, the courts (in 2006) reaffirmed existing law, the legislative intent behind it and the implementing rules and regulations. 

Take action now (use our ACTION LINE service) and urge the Governor to re-think this latest attack on your benefits as a State employee. Contact your legislators too, again using our ACTION LINE service, and urge them to reverse this assault on both active and retired State employees. We will post further updates on this issue here as developments warrant.

6/3/10 - OMCE Letter to Governor Paterson: Time to restore M/C salary increases is now!

6/4/10 – 2010-11 Retirement Incentive Program: The Division of the Budget has issued a bulletin (View Here ►►Budget Bulletin B-1190, dated June 3, 2010) with guidelines on implementation of the 2-part Retirement Incentive Program authorized by Chapter 105 of the Laws of 2010. The 2-part program includes both a traditional targeted retirement incentive and a 55/25 retirement incentive. According to the bulletin, agency participation in the targeted retirement incentive is expected. Since the goal of the targeted incentive is to maximize savings through permanent workforce reductions, positions of employees retiring with the incentive will be abolished, as a general rule. Under the 55/25 retirement incentive, each employee that meets the qualifying age, creditable service and tier criteria will be eligible to retire without penalty, unless the employee is identified as holding a position that is critical to the maintenance of public health and safety. The State’s default policy, stated in the bulletin, will be to assume that eligible employees can receive the 55/25 incentive, absent a “critical to public health and safety” determination. The bulletin establishes specific time lines for agencies to identify positions and survey employees in the positions concerning their interest in retiring. If you want the targeted retirement incentive, we strongly suggest you take the initiative and inform your agency of your interest now. The Retirement System will begin processing retirement applications on a rolling basis as soon as eligible participant lists are finalized and submitted to the Division of the Budget. The window for employees to retire under either incentive is expected to begin July 1, 2010 and end on September 28, 2010.

6/3/10 - Nominations: Last Call: Nominations for the OMCE Board of Directors are due by Friday, June 11. There are seven seats to be filled this year. The nominations process is simple, since a member can nominate him/herself. Just submit your resume, a letter stating your interest in running for a Board seat and a statement, that can be used on the ballot, describing your background and the issues and priorities you would want to focus on as a Board member. Board members are expected to attend four Board Meetings per year (March, June, September/October and December) and to serve on at least one committee. Board members are not paid to serve on the Board, but travel expenses are reimbursed at State rates. 

We need active working M/C employees who are interested in being leaders in our ongoing efforts to improve the working lives and working conditions of M/C employees, to help develop policies and programs to better serve M/C employees and to ensure that their rights and benefits are protected. For additional information, contact OMCE at nysomce@gmail.com, 518-456-5241 or, from outside area code 518, at 1-800-828-6623.

5/20/10 - Update: Retirement Incentive Bill: The Governor's Retirement Incentive bill has been introduced in the Assembly by Assemblyman Peter Abbate. The bill number is A.11144, which can be accessed HERE.

5/20/10 - Update: M/C Performance Advances: Performance Advances have been paid to M/C employees on the Institution Payroll. The next scheduled Performance Advance payments, to M/C employees on the Administration Payroll, will take place on May 26, 2010.

5/17/10 - Update: $350 Million United Health Care Class Action Settlement: If you are an Empire Plan member who received out-of-network medical services between March 15, 1994 and November 18, 2009, you may receive a notice in the mail concerning the class action settlement between the American Medical Association (AMA) et al and UnitedHealthcare (UHC). The $350 million settlement agreement, which was announced in January 2009, resolves class action litigation filed on behalf of the AMA, health plan members, health care providers and employee representatives (OMCE, CSEA, NYSUT and NYSPIA) regarding issues that were raised concerning UHC’s reimbursement of out-of-network services. The settlement notice includes claims forms and instructions on how to file claims. As indicated in the notice, all questions related to the settlement or submission of claim forms should be directed to the claims administrator, Berdon Claims Administration LLC (toll-free 800-443-1073, fax 516-222-0271, email unitedhealthcare@berdonclaimsllc.comwww.berdonclaims.com). 

To view a copy of the notice and for more information about the settlement, click on the logo below:

5/11/10 – Furloughs Update: A one-day furlough of some 100,000 State employees is slated to begin next Monday, as a result of the Legislature’s passage yesterday of the Governor’s latest weekly budget extender bill, which includes the furlough provision. M/C employees are not subject to furloughs, because of the Governor’s withholding of their 2009-10 salary increase and performance advances, longevities and merit payments, and the 2010-11 M/C salary increase, which we continue to address with the Administration. The Governor says he plans to pursue furloughs on a weekly basis until the 2010-11 budget is passed. PEF and CSEA, the unions representing the bulk of affected employees, are in federal district court seeking a restraining order. They argue the move amounts to an illegal violation of their labor contracts. Some concerns have been expressed about the implications of managing the workload amid the en masse absence of so many employees, particularly if furloughs continue for several weeks. We urge MCs to keep us advised of any such issues that arise in agencies and facilities during these next several weeks as a consequence of furloughs.

5/4/10 – Retirement Incentive: Governor Paterson offered a bill (Program Bill #249) today that, if approved by the Legislature, would establish a two-part temporary retirement incentive program for State and other public employees (e.g. teachers and local government employees). Similar to the two-part retirement incentive offered in 2002, employees would have the option under Part A to either receive one month of additional credit for each year of service, up to a total of three years or 36 months. Under Part B (55/25), early retirement penalties would be waived for employees who have reached 55 years of age and achieved at least 25 years of service. Employees would not be able to combine the benefits of Part A and Part B. Local governments would have the option to participate (or not) in the program. Employers electing to participate would be required to provide a 30 to 90 day open period to enable eligible employees time to consider the incentive. We will provide additional information as it becomes available. Meanwhile, you can view a copy of the bill HERE.

4/28/10 - Update re Furloughs: The media are reporting that, in addition to health and safety workers, M/C employees will not be subject to furloughs. We are working to confirm the accuracy of these reports and, as soon as we have more definitive information, we will post it here.

4/27/10 - State Workforce Furloughs Planned: Announcing at a press conference in Albany today that he plans to ask the legislature to pass another of his weekly budget extenders, Governor Paterson said he will include a one-day State workforce furlough with each weekly extension, at least until the full 2010-11 budget passes. Budget Director Robert Megna spoke to the press after the governor’s press conference, and said the state would save an estimated $30 million per day of furlough. The measure, which needs to be approved by the Legislature, would affect about 70 percent of the state workforce and not include uniformed public-safety employees. Megna said the details are still being worked out, but noted that the plan is being designed to give latitude to agencies in order to allow for what he called “rolling” furloughs of employees in order to minimize service reductions. He said that while the furlough was going to be introduced first as a separate bill, the administration would not rule out adding it to a future one-week extender, which would force the Legislature to either accept it or risk shutting down State government. We have reached out to our contacts for more on the proposed furlough measure and will provide additional information here as soon as we have it.

4/26/10 - OMCE Members/Great Deal on memberships! Special promotional offer today and tomorrow – all New York and Brooklyn locations. $49 to join (regular $79), $74.99 monthly, month-to-month, no commitment. Complimentary one-hour personal training kickoff (value $100). Hurry, offer ends Tuesday, April 27^th at 9:00 PM. Click here to view and print Crunch locations.

4/22/10 – Nominations for OMCE Board: Each year at this time, we begin looking for members interested in serving on the OMCE Board of Directors. There are seven seats to be filled. The nominations process is simple, since a member can nominate him/herself. Just submit your resume, a letter stating your interest to run for a Board seat and a statement that can be used on the ballot, describing your background, the issues and priorities you would want to focus on as a Board Member and why you would be a good Board Member. Nominations, via email or regular mail, are due to be received in the OMCE office by June 11, 2010.

Board Members are expected to attend four Board Meetings per year (March, June, September/October and December) and to serve on at least one committee. Board Members are not paid to serve on the Board, but travel expenses are reimbursed at State rates.

We need active working State M/C employees who are interested in being leaders in our ongoing efforts to improve the working lives and working conditions of M/C employees, to help develop policies and programs to better serve M/C employees and to ensure that their rights and benefits are protected. For additional information, contact OMCE at nysomce@gmail.com, 518-456-5241 or, from outside area code 518, at 1-800-828-6623.

4/20/10 - COBRA Subsidy Extended for another two months through May 31, 2010: The American Recovery and Reinvestment Act of 2009 ("ARRA"), enacted on February 17, 2009, provided a 65% federal subsidy of COBRA premiums for certain employees and covered family members who lost coverage under a group health plan due to involuntary termination of employment from September 1, 2008 through December 31, 2009. The federal Department of Defense Appropriations Act for Fiscal Year 2010 ("DOD Act") extended the COBRA premium subsidy eligibility period an additional two months, through February 28, 2010, and increased the subsidy period from 9 months to 15 months. On March 2, 2010, President Obama signed legislation extending the premium subsidy for another month, through March 31, 2010, and expanding the scope of the subsidy to include former employees whose COBRA eligibility was caused by a reduction in hours and who subsequently experience an involuntary termination. On April 15, the President signed another bill extending the COBRA subsidy and unemployment benefits an additional two months, through May 31, 2010. Congress is expected to continue debating whether to continue the COBRA subsidy and unemployment benefits through the end of the year in response to deep and prolonged unemployment.

4/15/10 – M/C Layoff Rights Clarified: An article appearing in yesterday’s Albany Times Union on the possibility of an early retirement incentive stated that non-union employees do not have the same seniority-based protections regarding potential layoffs. This is incorrect, as permanent competitive and non-competitive M/C employees affected by a reduction in force have the same layoff and retention rights that bargaining unit employees have. Information for employees affected by layoff is available in a booklet published by the Department of Civil Service and available on the Internet as a .pdf document.  Go to: http://www.cs.state.ny.us/pdf/info4layoffs.pdf

4/13/10 - M/C Performance Advance and Longevity Pay Dates Announced: The Office of State Comptroller, Bureau of Payroll Services, has notified us that M/C Performance Advances and Longevity Payments will be paid in paychecks dated May 20th (Institution payroll) and May 26th (Administration payroll). Performance Advances are effective retroactive to March 25, 2010 for Institution payroll employees and April 1, 2010 for Administration payroll employees.

4/13/10 - OMCE 2010-11 Pay and Savings Proposals: With his weekly budget extender bills, the Governor has postponed the 4% pay raise for PEF and CSEA represented employees pending negotiations on enactment of a budget for Fiscal Year 2010-11. In addition to continuing our contacts and meetings with Administration staff and members of the Legislature, we have sent letters (View Here) to Governor Paterson, Speaker Silver and Senator Sampson, with copies to the minority leaders and key legislators, calling on them to do the right thing and stand with M/C employees as they work toward enacting a budget for 2010-11. We specifically urged them to include funding for M/C salary increases along with any restoration of funds in the budget for salary increases for PEF and CSEA represented employees. We called their attention to our OMCE M/C Pay Restoration Proposal (View Here) which, through a combination of deferring payment and implementing a lag payroll, would produce approximately $35 to $40 million to fund M/C salary increases for the Executive Branch and SUNY that would cost $28 million. Members can help, too, by contacting your legislators directly.

4/9/10 - PEF and CSEA Payroll Bulletins Rescinded: Today, we received the following notices from the Office of State Comptroller (OSC):

"Payroll Bulletin No. 978 regarding the payment of Civil Service Employees Association (CSEA) April 1, 2010 raises has been rescinded. OSC will issue further clarification on the future salary treatment of CSEA employees, as more information becomes available."

"Payroll Bulletin No. 980 regarding the payment of Public Employees Federation (PEF) April 1, 2010 raises has been rescinded. OSC will issue further clarification on the future salary treatment of PEF employees, as more information becomes available."

4/1/10 - Status of Hospital Negotiations: The Department of Civil Service has notified us that Empire BlueCross/BlueShield contracts with Stellaris Health Network hospitals located in Westchester County expire today, April 1, 2010. Stellaris Health Network is comprised of Lawrence Hospital, Northern Westchester Hospital, Phelps Memorial Hospital Center and White Plains Hospital. To date, negotiations with Stellaris have been unsuccessful. Consequently, effective April 1, 2010 and until further notice, Stellaris facilities will no longer be network facilities under The Empire Plan Hospital Program. Information on how this affects NYSHIP Empire Plan enrollees is posted online at the Department of Civil Service website. Go to www.cs.state.ny.us and click on "News and Notifications" in the left-hand column.

3/30/10 - Dinner and Show at a Street-Smarts Price: We are pleased to offer our members access to discounted New York City entertainment packages, consisting of a 3-course dinner (tax and tip included) and a Broadway or off-Broadway show. All theatre seats are in full-price locations. Select from lists of offerings, usually available from two to four weeks in advance. Enjoy a great night of dinner and theatre on the town at up to 37% off retail cost.

► Log in HERE to the Members Only page and look for OMCE’s dedicated link to

3/29/10 - Civil Service Eligible List Preferences: The Department of Civil Service has advised us of a new refinement to its online Eligible List Management System (ELMS) and asked us to share this information with our members. ELMS allows anyone to view New York State civil service eligible lists on their computer and permits access to promotion lists. The latest refinement, called the ELMS Online Preference System, enables successful candidates on an open-competitive or promotion examination to view their current geographic and job preferences (full-time/part-time, permanent/temporary, shift) and make changes to their preferences, for all lists or only selected lists. In addition to simplifying things for list eligibles, use of the Online Preference System will ensure that candidates are canvassed only for positions in which they have indicated interest. All that’s required is a simple login at: www.cs.state.ny.us/elmspublic/. Any changes a list eligible makes will take effect immediately. While it is expected that most will opt for the more immediate and efficient method of indicating their preferences online, eligible list candidates may still specifically request a paper preference questionnaire, by writing to: Staffing Support Unit, NYS Department of Civil Service, Alfred E. Smith State Office Building, Albany, NY 12239.

3/25/10 – Health Care Reform: We have been getting inquiries concerning the implications the Patient Protection and Affordable Care Act (HR 3590) may have for State employees, particularly NYSHIP enrollees and their dependents. Although President Obama signed the bill on March 23, there are still a number of uncertainties ahead.  For example: 

• Following its signing by the President, the bill was sent by the House of Representatives to the Senate for a “budget reconciliation” vote on changes the House had made to the bill. The Senate disagreed with two of the bill’s provisions, so now the bill goes back to the House for another vote, absent the two provisions.

• Immediately upon the bill signing, at least 12 State attorneys general filed lawsuits contending that the bill is unconstitutional. No one can predict how long the judicial process will take to resolve.

• Many of the bill’s provisions are scheduled for implementation years into the future. The so-called tax on Cadillac plans  - NYSHIP might be in this category - is not scheduled for implementation until 2018. A lot can happen between now and then.

• Republicans in both the Senate and House have vowed to “repeal and replace’ the law.

Despite these uncertainties, we have begun to explore with the applicable State agencies what actions they will be taking to inform the workforce and prepare for implementation of the act. As information becomes available to us, we will share it with our members here and in the OMCE Newsletter.

3/19/10 – Empire Plan Specialty Pharmacy Program: Effective April 1, 2010, a Specialty Pharmacy Program will be implemented within The Empire Plan Prescription Drug Program. This Program will offer enhanced services to individuals using specialty medications* and change how you obtain those medications under the Prescription Drug Program. These drugs usually require special handling, special administration, and intensive patient monitoring. For these reasons, not all retail pharmacies are able to dispense specialty medications. Most specialty drugs will only be covered when dispensed by The Empire Plan's designated specialty pharmacy, Accredo, a subsidiary of Medco. When Accredo dispenses a specialty medication, the applicable mail service copayment will be charged.

When taking a medication that is part of the Specialty Pharmacy Program, enrollees will receive enhanced services that include disease and drug education, compliance management, side-effect management and safety management. Also included in this Program are expedited, scheduled delivery of your medications at no additional charge, refill reminder calls, and all necessary supplies such as needles and syringes applicable to the medication.

Click here to see the list of specialty medications included in the Specialty Pharmacy Program. Each of these drugs can be ordered through the Specialty Pharmacy Program using the Medco Pharmacy Order Form. United Healthcare (the insurer for the Prescription Drug Program) has begun sending letters of notification to enrollees already using one or more specialty medications. To request refills or to speak to a specialty trained pharmacist or nurse regarding participation in the Specialty Pharmacy Program, call The Empire Plan toll free at 1-877-7-NYSHIP (1-877-769-7447), choose The Empire Plan Prescription Drug Program, and ask to speak with Accredo, 24 hours a day, seven days a week.

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*Specialty medications are used to treat complex conditions and illnesses, such as cancer, growth hormone deficiency, hemophilia, hepatitis C, immune deficiency, multiple sclerosis, and rheumatoid arthritis. Medications used to treat diabetes are not considered specialty medications.

3/15/10 - COBRA Subsidy Extended through March 31, 2010: The American Recovery and Reinvestment Act of 2009 ("ARRA"), enacted on February 17, 2009, provided a 65% federal subsidy of COBRA premiums for certain employees and covered family members who lost coverage under a group health plan due to involuntary termination of employment from September 1, 2008 through December 31, 2009. The federal Department of Defense Appropriations Act for Fiscal Year 2010 ("DOD Act") extended the COBRA premium subsidy eligibility period an additional two months, through February 28, 2010, and increased the subsidy period from 9 months to 15 months. On March 2, the President signed the Temporary Extension Act of 2010 (H.R. 4691), extending the premium subsidy again (for another month, through March 31, 2010) and expanding the scope of the subsidy to include former employees whose COBRA eligibility was caused by a reduction in hours and who subsequently experince an involuntary termination. The bill also allows thousands of workers whose unemployment benefits expired on Feb. 28 to receive them for another 30 days. Congress is now considering a much larger bill that would extend the COBRA subsidy and unemployment benefits through the end of the year.

3/12/10 – Retirees Medicare-Primary Take Note: Important Part B Premium Reimbursement Info: The Department of Civil Service has issued guidelines and instructions for certain enrollees and dependents in the New York State Health Insurance Plan (NYSHIP) concerning Medicare Part B Premium Reimbursement in 2010. If you and/or your covered dependent(s) are new to Medicare in 2010 or if your Part B premium is not deducted from your Social Security check(s) and/or if you and/or any of your enrolled dependents are Medicare-primary and received a letter from the Social Security Administration (SSA) requiring the payment of an income-related monthly adjustment amount (IRMAA) in addition to the standard Medicare Part B premium, read on, because all or part of the following information applies to you and/or your dependent(s):

3/11/10 - M/C Performance Advances, Merit Awards and Longevity Payments: The Division of the Budget has issued authorization and guidelines (Budget Bulletin D-1127, dated March 11, 2010) for the payment of performance advances, merit awards and longevity payments in 2010-11 to Managerial and Confidential (M/C) employees. Payroll instructions for agencies are pending issuance of a payroll bulletin by the Comptroller's Office. Performance advance payments will be effective 3/25/10 (Institution payroll) and 4/1/10 (Administration payroll), beginning with paychecks dated 4/22/10 (Institution) and 4/28/10 (Administration). Performance advance payment amounts will be determined based upon the M/C salary schedule currently in effect; that is, the April 1, 2008 schedule. Longevity pay increases will be paid in the amounts of $1,250 in 2010-11 for 5 or more years of service and $2,500 for 10 or more years. Longevities are available to M/C employees in grades M/C-17 and below and payment is effective from the first day of the payroll period following completion of five or ten years of continuous service at or above the job rate. Merit awards are payable, at agency discretion and subject to agency spending allotments, at any time during the fiscal year. We are pleased to see that the Administration has implemented the payment process for M/C performance advances, merit awards and longevity payments. We are continuing our efforts with the Administration and the Legislature to restore funding in the budget for the 4% M/C general salary increase scheduled for April 1, 2010.

3/10/10 - OMCE Legislative Day: Dozens of OMCE members joined us at the State Capitol and Legislative Office Building yesterday in advocating for restoration of the withheld 2009-10 M/C pay raises and payment of the M/C increases scheduled for April 1, 2010. Additionally, several members who were unable to come to Albany yesterday advised us they were making appointments, as we had suggested, to meet with their legislators in their local district offices. The reception we received yesterday, both from individual legislators and the leadership, was very positive. We presented them with our M/C Pay Restoration Proposal, a detailed and specific pay plan that can be accomplished through the delay of general salary increases, staggering the payment of performance advances and the use of a deferred pay (lag) initiative. Several, in reacting to the specifics of our proposal, remarked that we are the only group that has come to them with a solution to the problem we discussed. If you have not yet contacted your legislator, please do so now. It is important to have the salary restoration achieved as part of the budget negotiations currently underway.

3/4/10 - Scam Alerts: Warnings to Consumers: A press conference was held at the Empire State Plaza today to launch a statewide “Loan Modification Scam Alert” campaign as part of the NYS Consumer Protection Board’s (CPB) 2010 Consumer Action Day. Loan modifications scams are a growing problem, as homeowners facing foreclosure are losing their money - and their homes - to scammers. Before today’s alert, the CPB had already issued 12 other Scam Alerts in just the first two months of 2010 alone. The list is unbelieveable: Fake U.S. Census Scam; Haiti Earthquake Email Scam; Phony IRS W-2 Email Scam; Fake Tax Preparers Scam; New Counterfeit Check Scam; Shipping Service Scam; Prison Telephone Scam; FDA Personnel Scam; and so on. In cooperation with the CPB and in order to provide our members with information on how to avoid becoming victim to a scam, we are posting a link to the CPB website here (www.cpb.state.ny.us) and, for a time, on our homepage.

2/16/10 - OMCE Testifies at Legislative Budget Hearing: News Release 2/16/10 (Read Here).

2/10/10 - OMCE President Testifies at Budget Hearing: OMCE President Barbara Zaron delivered hard-hitting testimony on behalf of M/C employees today at a Joint Legislative Hearing on the Governor's Executive Budget proposals for 2010-11. The focus of her testimony was on restoration of the 2009-10 M/C pay cuts, funding the 2010-11 M/C 4% general salary increase and retaining the funding the Governor included in his 2010-11 Executive Budget recommendations for M/C performance advances, longevities and merit pay. Click Here to view the full text of Ms. Zaron's testimony, in which she discusses the consequences of the Governor's M/C salary withholding actions on M/C employees and agency operations and OMCE's Budget Savings proposals - over $1.5 billion in 2009-10 (View Here) and $30 million in 2010-11 (View Here) to fund salary increases and adjustments for M/C employees.  

1/28/10 - Update: OMCE M/C Salary Restoration: We had a very frank and open discussion yesterday in our meeting with Executive Chamber and Budget staff. We presented a detailed and specific M/C pay restoration proposal (View Here) to be accomplished through the delay of general salary increases, staggering the payment of performance advances and the use of a deferred pay (lag) initiative. Our proposal will be reviewed in the larger context of negotiations on the workforce savings demanded by the Governor, although it is still very early in negotiations on the 2010-11 Executive Budget. Our engagement with the Legislature also continues in earnest. Next up, we will be meeting with the Senate Finance Committee, testifying in Joint Legislative Public Hearings concerning the Governor's 2010-11 Executive Budget proposals on the workforce, and focusing on M/C pay restoration on OMCE Legislative Day, March 9. Watch this page - we will be posting updates here regularly.  

1/28/10 - Vision Care Insurance for OMCE Retiree Members: OMCE retiree members* can now obtain easy, affordable access to regular eye care by enrolling in the OMCE @Work Vision Care Insurance plan. This innovative, flexible vision care insurance plan offers a full range of eye care services through a nationwide network of qualified ophthalmologists, optometrists, opticians and vision care centers - quality coverage and greater choices at affordable rates. Enrolling couldn’t be easier. Go to www.cbpgroup.biz or, for additional information, contact Brian Rubin at Corporate Benefit Planning: 800.233.3394 or brubin@cbpgroup.biz.

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*If you are a retired NYS or local governmental employee, whose last position was designated managerial or confidential, or a former regular member of OMCE, you are eligible to join OMCE. Retiree membership dues are $35 annually. Enroll in OMCE today (Click Here).

1/25/10 - A reminder that we will be meeting with Administration staff this Wednesday, January 27, to discuss OMCE proposals for restoring the 2009-10 M/C pay cuts, funding the 2010-11 M/C 4% general salary increase and retaining the funding the Governor included in his 2010-11 Executive Budget recommendations for M/C performance advances, longevities and merit pay. Also, we have revised and updated the online letters you can edit and email to the Governor and your legislators protesting the unfair treatment M/Cs are receiving. To participate in OMCE’s online advocacy, click here ►► ACTION LINE.

1/22/10 - We have received a number of inquiries in response to the news (below) that payment of M/C Performance Advances will resume beginning April 1, 2010, specifically concerning in what dollar amounts the advance payments will be made. As things stand at present, M/C salaries and Performance Advances, including the upcoming April 1, 2010 advances, will be paid according to the M/C pay schedule currently in effect; that is, the 2008-09 schedule.

1/21/10 - M/C Salary Update: Our discussions with the Administration and the Division of the Budget have borne some fruit so far - we have confirmed with Budget that the Governor’s intended withholding of the 2010-11 M/C pay raise is limited to the 4% general salary increase. Funding has been provided in the Executive Budget to enable resumption of the payment of M/C Performance Advances (steps), Longevities, and Merit Pay beginning April 1, 2010. Our discussions with the Administration on the M/C pay issue continue - as noted below, we have a meeting scheduled with Executive Chamber staff on January 27.

1/19/10 - Fiscal Year 2010-11 Executive Budget: In his budget recommendations made public today (view here), Governor Paterson announced he is “rescinding” for M/C employees and “delaying or reducing” for union represented employees the 4% general salary increase that is scheduled for payment on April 1, 2010. Unlike last year, when the Governor’s budget included funding for the 3% raise despite the withholding from M/C employees, this year’s budget does not include funding for any employee raises. In fact, the Governor projects a savings of $250 million (general fund) or $483 million (all funds) from what he refers to in his budget as “workforce actions that require negotiation,” which includes $28 million (all funds) from his planned withholding of the 4% raise from M/C employees. He has also placed the issue of pay deferral (lag payroll) on the table as a means of raising the required savings. This places both OMCE and the unions on similar footing this year. That is, the unions, like us, will be knocking on the doors of the Legislature to secure funding for pay raises in the 2010-11 budget appropriation bills that are passed. In that connection, we will be ramping up the contacts we have been making with key legislators as part of our M/C Salary Restoration Campaign. This is a timely (and necessary) opportunity for you, as an M/C employee, to get involved with our efforts - as, for example, over 200 of your colleagues did when they turned out for our December rally at the Legislative Office Building. Join us on March 9^th for OMCE Legislative Day – registration information here. Finally, we have already talked with Budget officials today and have a meeting scheduled with Executive Chamber staff on Wednesday, January 27^th.

1/11/10 - OMCE Legislative Day: Join us for our annual Legislative advocacy day in Albany on Tuesday, March 9, 2010 (Room 120, Legislative Office Building). Our major legislative priority this year will be to advocate for restoration of the withheld 2009-10 M/C pay raises and to ensure payment of the M/C increases scheduled for April 1, 2010, as provided for in the 2008 M/C pay bill. Register today - Click Here to view and print the registration form. Please respond no later than February 5, 2010. If you can’t come to Albany, contact your legislator directly and make an appointment to see him/her in the local district office during that week.

1/8/10 - State of the State: In his State of the State message on Wednesday, Governor Paterson touched on his ideas in two areas that have implications for the State workforce and, we believe, will require our vigilance in the coming months. In the area of government accountability, he talked of using a new program called EmpireStat to track, assess and hold State agencies accountable for their performance in areas that, in his words, “matter to New Yorkers.”  He plans to consolidate and merge agencies and functions and, thereby, “realize substantial savings . . .  through better integration of staff resources, increased efficiency, elimination of duplicative efforts and staff reductions.” Under the heading of Economic Development that Reaches all New Yorkers, the Governor said the State “can and will serve as a model for other employers, by creating a more diverse public workforce, recruiting in non-traditional venues and among populations previously left out, and expanding opportunities for training and promotion.”  Highlights, fact sheets and a transcript of the Governor’s prepared remarks can be viewed on the Executive Chamber website (http://www.state.ny.us/governor/). In less than two weeks (Tuesday, January 19), the Governor will again appear before the Legislature, this time presenting the Executive Budget he proposes for adoption in Fiscal Year 2010-2011. As we have done in past years, we will analyze the Governor’s budget proposals in terms of their implications for M/C employees and post the results of our analysis here on our website.

1/05/10 - COBRA Subsidy Extended: The 2009 federal stimulus package provided COBRA premium assistance equal to 65% of the COBRA premium for employees whose loss of health coverage occurred as a result of involuntary termination of their employment during the nine month period ending December 31, 2009. The federal Fiscal Year 2010 Defense Appropriations Act, recently passed by Congress and signed by the President on December 18, has extended the eligibility period for the COBRA premium reduction an additional two months (through February 28, 2010) and the maximum period for receiving the subsidy an additional six months (from nine to 15 months). Unlike the 2009 stimulus legislation, the 2010 bill requires only that the termination from employment itself, not the loss of coverage, must occur on or before February 28. Thus, an individual involuntarily terminated on or before February 28, whose loss of coverage occurs on or after March 1, will still be eligible for the subsidy. The Defense Appropriations Act also provides for retroactive application of the six-month subsidy extension. Individuals who may be affected by these changes should contact their agency health benefits administrator for information, or call the Employee Benefits Division at 457-5754 (Albany area) or 1-800-833-4344.

12/14/09 - Rally for a Fair Shake: Last week, OMCE held a rally in Albany to demonstrate solidarity and outrage at Governor Paterson’s continued refusal to grant raises for M/C employees. More than 200 M/C employees gathered at noon at The Well of the Legislative Office Building to tell supportive Capital District lawmakers and their staffs that the governor’s arbitrary decision to withhold raises from M/C employees based on their union designation is unfair and discriminatory. In opening remarks, OMCE President Barbara Zaron asked: “How do they expect to operate a major state government if they are going to mistreat many of the same people they rely on to manage vital state functions?”  OMCE Executive Director Joseph B. Sano urged M/Cs to fight for fair treatment by contacting their legislative representatives and the governor. The successful rally, held on Tuesday, December 8, was the latest in a series of initiatives launched by OMCE as part of our M/C Salary Restoration Campaign.

12/14/09 - Scholarships: Applications are being accepted for the Howard Coughlin Memorial Scholarship Fund and John Kelly Labor Studies Scholarship until March 3, 2010. Instructions and application forms are available for viewing and printing from the Members Only page (Login Here) or by calling OMCE at 800-828-6623 (456-5241, if calling from within area code 518).

Coughlin Scholarship – Open to member, associate member in good standing and child of member in good standing for attendance at College, University or recognized Technical or Vocational post-secondary school, Full-time (FT) or Part-time (PT). Each FT scholarship is $3000 for the first year, and $3000 for the second year – total maximum value of $6000; each PT scholarship is $1,200 for the first year and $1,200 for the second year – total maximum value of $2,400. Official OPEIU application and High School transcript required to be submitted to OMCE for endorsement and processing – must be received by March 3, 2010.

Kelly Labor Scholarship – Open to member or associate member in good standing, and undergraduate or graduate in one of the following areas of study: Labor Studies, Industrial Relations, Union Leadership and Administration, non-degree programs sponsored by the National Labor College at the George Meany Center or a similar institution. Each scholarship has a total maximum value of $3000. Official OPEIU application and college transcript (if currently enrolled) are required, along with an essay on applicant’s union activism and occupational goals, to be submitted to OMCE for endorsement and processing - must be received by March 3, 2010.

12/04/09 - 2010 Earned Income Paycheck Credit: The Federal government provides either a paycheck credit or an income tax refund to employees who earn low or modest wages, provided eligibility requirements relating to annual income and family size are met.  Eligible employees, including state employees, have the option of receiving advance payment of the Earned Income Tax Credit directly from their employer in the form of regular payments added to their paychecks.  To claim advance payment of the Earned Income Tax Credit, employees must file a Form W-5 with their employer.

All Form W-5s that were filed for the 2009 calendar year will expire on December 31, 2009.  Employees eligible for advance payment of their Earned Income Tax Credit in 2010 must file a new form with their employer.  The 2010 Form W-5 and instructions can be obtained from the IRS website at www.irs.gov.

12/04/09 - 2010 Deferred Compensation Maximum Contributions: Pursuant to IRS Regulations, the regular annual contribution amount for Deferred Compensation will remain at $16,500 for calendar year 2010. The Deferred Compensation “Retirement Catch-Up” provision, available to employees in each of the last three years prior to normal retirement age, will also remain at $16,500 for a combined maximum total contribution of $33,000 for calendar year 2010. For employees age 50 and over, an additional deferment is available. These employees may defer up to $5,500 beyond the amount of their regular contribution, up to a combined total maximum contribution limit of $22,000 in 2010. However, employees cannot choose to have both the “Retirement Catch-Up” and the “50 and Over Catch-Up” additional amounts deferred in the same year.

Questions regarding Deferred Compensation deductions and catch-up plans may be directed to the NYS Deferred Compensation Helpline at 1-800-422-8463.  The NYS Deferred Compensation website at www.nysdcp.com may provide additional information.

New OMCE Member Benefit: Sign up by December 3rd and get December  FREE!  Join Crunch - more than a gym, a fitness community for everyone - at huge savings! Several locations in New York City and Brooklyn. Choose from 400 classes per week - yoga, dance, boxing, pilates - expert trainers, indoor pool, rock wall and much more!

OMCE Members - login here for information, locations and 3-day complimentary pass.  

11/19/09 – Voluntary Severance Program Extended: The Division of the Budget has issued policy guidelines (November 18, 2009) for implementation of a second phase (Phase II) of the Voluntary Severance Program under which certain employees, including M/C employees, will again be offered a one-time $20,000 incentive payment to leave the payroll. Agencies are encouraged to offer severances to as many employees as feasible, including some of those who were denied severances in the first phase of the program. 

To be eligible, an employee must have been in active, full-time annual-salaried service in a non-federally funded position, both on July 1, 2009 and at the time the employee elects to participate in the program. Hourly and non-annual salaried employees are not eligible to participate. Employees working under § 211 or § 212 of the Retirement and Social Security Law will not be eligible to participate in Phase II. 

Employees selected for participation must officially resign and be off the State payroll no later than close-of-business January 20, 2010. If an employee is eligible for retirement, and chooses to retire, a retirement application must be filed with the retirement system at least 30 days prior to the date of retirement, but in no case later than December 22, 2009. Retiring employees should contact the retirement system for a projection of their retirement benefits. The severance payment will not be used in the calculation of the retirement benefit. 

The time lines are tight. Agencies are instructed to re-survey their employees for interest in participating and submit their Phase II Severance Plan to the Division of the Budget no later than November 30. As before, all accompanying positions will be left vacant and earmarked. OMCE members with questions are invited to call us at 800-828-6623 (or 456-5241, if calling from within area code 518).

11/12/09 - Restore M/C Compensation Now! On November 10th, as part of our M/C Salary Restoration Campaign, we sent an email (View Here) to each member of the State Legislature during their special session here in Albany, reminding them of the need for action to ensure fair and equitable treatment for M/C employees: specifically, that their negotiations with the Governor on his proposed Deficit Reduction Plan include full restoration of the withheld M/C salary increases.

10/29/09 - Reminder: NYSHIP Dependent Eligibility Verification Project: Final disposition letters are now being mailed out to enrollees who, by October 20, either did not respond to requests to document the eligibility of their dependents or did not submit all of the required documentation. The project contractor, Budco Health Service Solutions, will continue to review documentation it receives through November 25, however. In early December, Budco will provide the Department of Civil Service (DCS) with a final file of all dependents deemed ineligible for NYSHIP coverage and, on December 24, these dependents will be removed from coverage retroactive to February 1, 2009. Enrollees are strongly encouraged to submit the required documents to Budco no later than November 25, in order to avoid any interruption in their dependents’ healthcare benefits.* Additional information is available at www.cs.state.ny.us/nyshipeligibilityproject/ or by calling the NYSHIP Dependent Eligibility Project Service Center at 1-888-358-2198, Monday through Friday between the new extended hours -9:30 AM to 7:30 PM.

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* Beginning November 30, enrollees who wish to appeal the ineligible status determination of their dependent(s) will have to contact DCS directly.  A special toll free number and Post Office Box have been established for this purpose. On or after November 30, call 800-409-9059 or write: NYSHIP Dependent Eligibility Project, NYS Dept of Civil Service, P.O. Box 13193, 12212-3193.

10/27/09 - OMCE Salary Increase Restoration Campaign: We have two new initiatives to note for you in our continuing campaign to win restoration of the salary increases that Governor Paterson unfairly withheld from M/C employees in April.  Recently, we submitted a statement to the Albany and New York City legislative hearings held by the Assembly Ways and Means and the Senate Finance committees to examine the Governor’s proposed deficit reduction plans for the remainder of 2009-2010.  (A copy of the OMCE statement is available here.)  And on Friday, October 23rd, we began a three-week campaign of radio spots on an Albany talk radio station. Click Here to Listen / Read Text  (The Albany area has the largest concentration of M/C employees – over half live and work in the Capital District).  The station features a 10:00 AM political talk show from the State Capitol that is listened to daily by top State officials. 

10/20/09 - Update: We met today with Executive Chamber and Budget staff for a wide-ranging, frank and productive discussion about restoring the April 2009 salary increases to M/C employees. They said a number of our proposals will be discussed further and studied. We reviewed previously discussed savings proposals, including continuation of the Voluntary Severance Initiative and several variations of lag payroll, and the ongoing impact on M/C employees of this adverse payroll action. Two new savings proposals we suggested, using part of the NYSHIP reserve funds excess (over an actuarially reasonable amount) to be returned to state and local participating employers and consolidating the purchase of prescription drugs for various programs, evinced particular interest. No final decision on restoration has been made, but there is a commitment to keep talking.

10/16/09 - College Savings Grant: $500 grant to OMCE members who open a 529 college savings or pre-paid tuition account - must be a new account and opened after January 1, 2009. To apply for this year's grant, deposit $1,000 into your account by November 30, 2009 and submit your application. (You can combine the totals from multiple 529 plan accounts, as long as each plan meets the grant requirements.) Login here for information and instructions on how to apply.

10/15/09 - New OMCE Member Benefit: Join Crunch - more than a gym, a fitness community for everyone - at huge savings! Several locations in New York City and Brooklyn. Choose from 400 classes per week - yoga, dance, boxing, pilates - expert trainers, indoor pool, rock wall and much more!

OMCE Members - login here for information, locations and 3-day complimentary pass.  

10/13/09 - Important Enrollment Dates to Keep in Mind:

     2010 Flex Spending Account September 21 - November 16, 2009

Save money by paying for certain expenses with pre-tax dollars. Under this program, you can choose two benefits: Health Care Spending Account, under which you set aside up to $4,000 ($100 minimum) in pre-tax salary to pay for non-reimbursed health-related expenses; and Dependent Care Advantage Account, which allows you to set aside up to $5,000 in pre-tax salary for eligible child care, elder care or disabled dependent expenses. To enroll, go to www.flexspend.state.ny.us or call 1-800-358-7202. If you are currently enrolled, you must re-enroll to continue your participation in 2010.

     2010 Productivity Improvement Program (PEP) October 26 - November 27, 2009

Eligible full and part-time employees may exchange previously accrued vacation credits and/or personal leave in return for a credit to be applied toward the employee share of the NYSHIP (NYS Health Insurance Program) premium. Up to three days may be forfeited in exchange for a premium credit of up to $500. If you are currently enrolled, you must re-enroll to continue your benefit in 2010. Ask your agency/facility personnel office for details and an application.

     2010 Pre-Tax Contribution Program (PTCP) November 1 - November 30, 2009

Your share of the health insurance premium may be deducted from your wages before taxes are withheld, which may lower your taxes. You were automatically enrolled in PTCP when you became eligible for health insurance, unless you declined. (Your paycheck shows whether you are enrolled in PTCP.) No action is required to keep your current pre-tax status. If you wish to change your pre-tax selection for 2010, see your agency/facility Health Benefits Administrator for assistance in determining if you have had a qualifying event, as defined by the IRS, and to complete a health insurance transaction form by the November 30 deadline

10/9/09 - Our Salary Restoration Campaign continues: During the past two weeks, we’ve talked to the Division of the Budget, select State Senators and the Assembly Majority Leader. Legislators we have met with so far are supportive and committed to working with us to resolve this issue. Following our recent letters to all legislators, we are focusing our initial discussions with Capital District legislators, since one-half of State M/C employees reside in the greater Capital District.  Our next step is to meet with Capital District Assembly members.

It is very important that you contact your legislators, as well as the leaders and committee chairs, so that they understand the urgency to you of fixing the problem, even despite the worsening fiscal picture and the Governor’s additional agency budget reductions. We have scheduled another meeting with the Governor’s Executive Chamber staff for later this month.

We are also rolling out our public awareness campaign - articles have already appeared in The Chief and The Capitol newspapers. Banner ads will be placed on the NY Daily News “Daily Politic” and Albany Times Union “Capital Confidential” blogs, an ad will appear in The Chief, and radio spots are now in production for airing on Capital District stations.

You can help in another way, too, if you are willing to send a letter to the editor of your local newspaper or participate in an interview with an interested reporter. Call us to let us know of your interest.

10/9/09 - NYSHIP Dependent Eligibility Verification Project Filing Extension: For New York State (NYS) and Participating Employer (PE) enrollees (that is, enrollees whose verification period ended October 5, 2009), Budco Health Service Solutions will continue to review documentation it receives after that date, through November 25, 2009, the last day of the appeals period. If Budco does not receive all of the documents necessary to verify the eligibility of your dependent(s) by the November 25 deadline, the Department of Civil Service will notify you on December 24 that it will cancel the coverage for your dependent(s), effective retroactive to February 1, 2009. If you submitted the required documentation to Budco by October 5, but have not yet received a letter from Budco confirming the eligibility of your dependent(s), you can expect to receive a confirmation letter between October 23 and October 29. If the eligibility of your dependent(s) is not confirmed, follow the instructions for submitting additional documentation during the appeals period, which will run from October 27 through November 25, 2009. Additional information is available at www.cs.state.ny.us/nyshipeligibilityproject/index.cfm or by calling the NYSHIP Dependent Eligibility Project Service Center at 1-888-358-2198, Monday through Friday between 12:00 Noon and 8:00 PM.

10/07/09 - View Article in The Chief by Tommy Hallissey: State M/C Workers Decry Wage Stall, Urge Pay Lag.

10/01/09 - Keep Those Letters Going to the Legislature: In addition to your own legislators, we are providing a list of the pertinent committee chairs and legislative leaders you may want to write to about persuading the Governor to restore the 3% increase. Legislative Leaders and Committee Chairs Contact Information.

10/01/09 - View Article in The Capitol by Chris Bragg: Confidential Employees Say Paterson Has Breached Agreement, And Trust.

9/25/09 - NYSHIP Announces Compliance with Age 29 Dependent Coverage Status: NYSHIP has announced that effective January 1, 2010 health insurance coverage for the unmarried child of an insured through the age of (29) twenty-nine years  will be available.  The law now mandates expanded access to health insurance by allowing unmarried children through age 29, regardless of financial dependence, to be covered under a parent's group health insurance policy.  The young adults must not be eligible for coverage under any other employer sponsored insurance, not covered by Medicare and they must live, work or reside in New York State or in the service area of the insurer.

9/25/09 - Security Breach at Express Scripts Pharmacy Benefit Manager: Express Scripts, the pharmacy benefit manager for the Empire Plan (1999-2005) and some HMO's, recently announced that certain customer's personal data may have been stolen by individuals seeking to extort funds over this breach. Approximately 300,000 subscribers have been notified by Express Scripts of this breach and have been advised about the steps they can take to check their credit status and identity safety.  Express Scripts launched a website, www.esisupports.com, for members to obtain information about this incident and to access resources and information to help them protect themselves against the possibility of identity theft.

9/21/09 - 2010 OPEIU/Union Plus® Scholarships: Eligible members, their spouses and dependent children are eligible for these scholarships. Numerous awards are given for under-graduate, post-high school study and vary from $500 to $4,000. Call OMCE now for an application (1-800-828-6623). Applications must be completed and returned to OMCE no later than December 31, 2009.

9/15/09 - Voluntary Severance Program: In announcing completion of the Division of the Budget’s preliminary review of the State’s workforce reduction plans, Budget Director Robert L. Megna said that 1,089 individuals have been authorized thus far to receive the one-time $20,000 severance payments provided for under the Voluntary Severance Program. He said additional such $20,000 payments in excess of the 1,089 he announced today may be authorized to produce further savings and agencies are encouraged to continue to seek cost-reductions through this program. OMCE members interested in participating in any continuation of the Voluntary Severance Program, including those who have expressed interest but thus far have been denied opportunity to participate, are encouraged to reiterate to their agencies or facilities their interest in participating. Additionally, if you would like us to include you on a list we are assembling of OMCE members who remain interested in participating in the Voluntary Severance Program, please telephone us as soon as possible to let us know of your interest. We plan to share the list with the Administration.

9/4/09 - Update: Our contacts with the administration continue on resolution of the M/C salary withholding issue. And this week we began our advocacy campaign, with an ad appearing in the Labor Day issue of the Legislative Gazette and an interview given to The Capitol.  We will provide copies (or links) here on our website to these and other publicity initiatives as soon as they are published.  Next week, when the Senate returns, we will be continuing pursuit of our legislative strategy, meeting with the Senate leaders to discuss specific strategies, e.g. possible legislation, direct contacts with the Governor, etc.  These meetings are a follow-up to our earlier discussions with the legislative leadership on the M/C salary withholding issue.

9/3/09 - SEFA: Our members have a proud tradition of supporting the State Employees Federated Appeal (SEFA), in good times and bad. This year, with the economy in crisis and jobs being lost at an alarming rate, the importance of helping those in need is greater than ever. OMCE joins with other State public employee labor organizations in urging its members to support the 2010 SEFA campaign. Read more . . . 

8/18/09 - NYSHIP and Health Coverage Changes: Governor Paterson recently signed bills (S.5471 and S.6030) extending COBRA continuation coverage to 36 months and requiring insurers of group health insurance plans to extend eligibility for dependent coverage to age 29. The Civil Service Department has taken steps to implement the COBRA changes, which became effective July 1, 2009. For individuals whose COBRA coverage (formerly 18 months) expired on or after July 1, coverage has been reactivated with a new adjusted ending date; for individuals currently enrolled in COBRA, a new end date will be calculated extending the expiration date to the new 36 month maximum. The age 29 dependent coverage bill becomes effective September 1, 2009, but the changes take effect only as contracts are issued, renewed or modified after that date. It is the Civil Service Department’s understanding that NYSHIP is not required to make any changes until January 1, 2010, the beginning of the next plan year. Meanwhile, they are reviewing the legislation and seeking clarification from the Insurance Department, with a view toward having an implementation plan in place as soon as feasible. When more information is available, we will post it here.

8/14/09 – Salary Withholding Update: In our continuing efforts during the past week to satisfactorily resolve this issue, we had preliminary, critical discussions with Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Senate Minority Leader Dean Skelos and State AFL-CIO President Denis Hughes. We are scheduling follow-up meetings with them to discuss specific strategies, e.g. possible legislation, direct contacts with the Governor, etc. We also met yesterday with the new Director of State Operations, Val Grey, and staff from the Executive Chamber. Both parties agreed this was a productive introductory meeting, with full discussion of our position that the 2009-10 withheld salary increases must be restored. We will continue talking, as discussions are also taking place now about how to address the $2.1 billion gap projected for this year and the $4.6 billion gap projected for next year.

8/7/09 - Update: Empire Plan Hospital Negotiations: Empire BlueCross-Blue Shield and East End Health Alliance (EEHA) have not yet reached agreement on a new contract to replace the one which expired on August 1. Consequently, EEHA, which comprises Eastern Long Island Hospital, Peconic Bay Medical Center and Southampton Hospital, is no longer an Empire Plan participating provider. The Civil Service Department's Employee Benefits Division has posted an FAQ on its website, which we have reproduced here (Click Here) for the convenience of OMCE members and dependents who may be affected by the failure of the parties to reach agreement. Negotiations continue and we will provide further updates as soon as information becomes available.

7/28/09 - Update: After considerable deliberation and in consultation with our attorneys at Hinman Straub, P.C., the OMCE Board of Directors has determined not to pursue at this time an uncertain outcome in litigation regarding the State’s withholding of the three percent pay raise and other increases from M/C employees in 2009-10. Instead, OMCE will concentrate its efforts and resources at advancing other types of advocacy to obtain the equitable salary increases that our members were promised and deserve. These advocacy activities will include continuing and ramping up our contacts and meetings with administration and budget officials to secure restoration of the withheld M/C salary increases and performance steps, etc. (In this regard, we have already requested a meeting with the Governor’s newly appointed Director of State Operations, Valerie Grey, who replaces Dennis Whalen with whom we had been dealing.) We also will continue to pursue our legislative strategy, which includes meetings with legislative leaders, and increase our public relations activities, to garner support for our efforts to fend off discriminatory and arbitrary treatment of M/C employees by the State and ensure that M/C employees are equally treated in any future administration initiatives that concern the State workforce. Finally, we are developing ways for our members to fully participate in these increased efforts to persuade the administration to restore the M/C pay cuts. Meanwhile, we are continuing our Vacation Buyback lawsuit – oral argument is scheduled for August 5.

7/28/09 - Update: Empire Plan Hospital Negotiations: We posted a notice here on July 7 that Empire BlueCross-BlueShield contracts with certain hospitals in Suffolk County are due to expire August 1 and that negotiations on new agreements were continuing. The Civil Service Department’s Employee Benefits Division advises that agreement has been reached with Stony Brook University Medical Center on a new contract, to be effective August 1, and that negotiations are continuing with East End Health Alliance (EEHA), which affects Eastern Long Island Hospital, Peconic Bay Medical Center and Southampton Hospital.  We will provide an update on the status of these negotiations as soon as the information is available.

7/23/09 - Voluntary Severance Program: The Division of the Budget has issued guidelines (Budget Bulletin D-1125, dated July 23, 2009) for implementation of the Voluntary Severance Program under which certain employees, including M/C employees, will be offered a one-time $20,000 incentive (severance), payable in one or two installments, to leave the payroll. Severance payments will be made available only to CSEA and PEF-represented employees and M/C employees, and participation will be limited to Executive Branch agencies. Also, payments will be offered only to employees in a non-federally funded position with a minimum of ten years of full-time annual-salaried State service or who are otherwise retirement eligible. All accompanying positions will be left vacant and earmarked. To view or download the bulletin, click here >> Budget Bulletin D-1125. OMCE members with questions are invited to call us at 800-828-6623 (or 456-5241, if calling from within area code 518).

Thank You M/Cs!  We want to thank you, M/C employees, for keeping State government running during the 31-day State Senate debacle. We are proud to represent you, as you have once again shown both your dedication and commitment to serving all New Yorkers and your professionalism in doing the people's business. Rest assured, we are continuing to try to resolve the salary withholding issues. There is no question that you deserve the salary increases that were withheld earlier this year. (Posted 7/10/09)

7/7/09 - Empire Plan Hospital Negotiations: The Civil Service Department’s Employee Benefits Division advises that Empire BlueCross-BlueShield contracts with certain hospitals located in Suffolk County are due to expire, effective August 1st. In accordance with the State Insurance Law, which requires insurers to send letters of notification to affected enrollees at least 30 days prior to the expiration of such contracts, Empire BlueCross-BlueShield has mailed notices to enrollees and dependents who have recently used services or live in the vicinity of these hospitals. The Employee Benefits Division has also notified agency Health Benefits Administrators. Negotiations with the hospitals are ongoing and, based on past experience, it is expected that Empire and the hospitals will reach a satisfactory agreement before their contracts expire. Affected hospitals are: Stony Brook University Medical Center; East End Health Alliance (EEHA), which includes Eastern Long Island Hospital; Peconic Bay Medical Center; and Southampton Hospital. We will keep you posted on the status of the participation of these hospitals in the Empire BlueCross-BlueShield network.

7/2/09 - Update on what is/is not happening:

Tier V: The Tier V bill the Governor has talked about - and is supposed to be one of the elements of the “handshake deal” with PEF and CSEA - has not been introduced in the Assembly or Senate. The Assembly adjourned on June 22, before the Governor had the bill ready to send. And the Governor has not sent the bill to the Senate, given the leadership vacuum there. Although the State AFL-CIO had taken a position opposing Tier V (PEF, CSEA and OMCE had all signed on to this position), the AFL-CIO also said its affiliates retain their autonomy and each is free to do what is in the interest of its members. PEF and CSEA expressed support for the modified Tier V bill as part of their “handshake deal” with the Governor; so did NYSCOPBA, the State Corrections Officers union. Council 82 and the Executive Chamber disagree on whether they have an agreement. In New York City, the United Federation of Teachers (UFT) has made a deal with Mayor Bloomberg on Tier V. The message has been that, if you have a special retirement plan, go ahead and cut your own deal. There are 85 different retirement plans within the public pension systems.

Pension Extender Legislation: The Governor has signed legislation extending Tiers 3 and 4, so there are no longer any issues outstanding relative to these pension tiers sunsetting.

PEF/CSEA Deal: There is still no firm, definitive information on how the PEF/CSEA deal with the Governor is to be implemented. We understand that discussions are still taking place between the unions and the Executive Chamber.

M/C Pay Withholdings: No decision has been made either way about M/C exclusion or participation in the VRWS or Separation Incentive, nor can we get a firm answer as to whether or not there is even a deal, since there is no Tier V. The Thruway Authority has now also withheld raises and steps from its M/C employees. We have sent the Governor a letter urging restoration of the M/C’s pay cuts. And we continue to talk to Budget Division and Administration officials. Meanwhile, our attorneys are preparing a response, due for court submission by July 8, on our Vacation Buyback lawsuit, and are researching the legal options for salary withholding litigation.

6/23/09 - Update: Tier V Stalls – The Assembly adjourned shortly before 2:00 AM this morning without taking any action on Tier V. And the Senate (?) does not even have a Tier V proposal to act upon, nor do they yet have any agreement on leadership. With the Tier V pension changes not having been addressed by the now-adjourned Assembly and its status amid the chaos in the Senate as yet unknown, the savings estimates from the CSEA/PEF “handshake deal” will again need to be revisited. Meanwhile, no decision has been reached by the Paterson administration on whether or not MCs will be included or excluded from participating in the $20,000 severance incentive buyout or the expanded VRWS program. Send latest email ACTION LINE to Governor objecting to his treatment of M/Cs.

6/16/09 - Update: Specific details on the “handshake deal" between the State and CSEA/PEF (implementation dates, eligibility criteria for the $20,000 severance incentive, VRWS protocols, etc) have still not been worked out. And adding to the confusion, the Paterson administration has not yet been able to come up with a clear financial estimate of the net savings they expect to realize from the severance incentive and abolition of 3,700 funded positions.

Meanwhile, the administration continues to defer on reconsideration of the Governor’s withholding of the M/C raises, performance advances, etc. The Budget Division estimates the annualized cost of restoration of the monies owed to the M/Cs at $16 Million. OMCE continues to maintain that, in a $132 Billion budget, it is quite clear that the M/C pay cuts were not done out of any fiscal necessity.

The Senate is still in chaos and, as of today, there is yet no amended or revised TIER V bill from the Governor, and there probably won't be!  The question now is: Will the State/CSEA/PEF deal stay together, if TIER V does not happen? Meanwhile, while top administration staff continues its exodus (the latest, Budget Director Laura Anglin), the resolution of our issues will only get further delayed, as newcomers will necessarily require time to become familiar with the issues. We will continue our efforts to win resolution of these issues, but in the meantime, we have instructed our lawyers to examine our legal options.

6/8/09 - Update: OMCE is committed to continuing our discussions with the Paterson Administration. Our principal focus remains on the restoration of the monies taken from the M/Cs. The “handshake deal” agreed to by PEF and CSEA has raised more questions than it has answered. It bears repeating that no labor organization or public employer can negotiate pension benefits. Such proposals are statutorily prohibited from bargaining. Yet conversations on the Tier V issue (as the “glue” to hold a “deal” together) have led to an endorsement of Tier V by both CSEA and PEF.

That endorsement of Tier V has been met with almost unanimous disagreement amongst the other public sector labor organizations. Police and Fire Unions are outraged by the Governor's veto of their 20-year plan extender (done each year since 1981). Now, we are being told that there is a high probability the Governor will veto other temporary retirement benefits.

There is no final resolution to the M/C pay increase and steps/performance advances withholding issues. Nor is there any final resolution concerning the “$20,000 Separation Incentive” and the eligibility of M/C employees to participate.

Regardless, this “separation incentive” is statutorily barred from being used for retirement calculations. It’s just wrong to sell it as a retirement incentive. There are no details as to who is eligible, what will be saved, when these events will unfold, etc, or how this “deal” will be implemented in a fair and equitable manner. Truly, the “devil is in the details” and at this time details are in short supply. And even when published, they are often in conflict.

Couple these events with the June 8, 2009 coup that has changed the NYS Senate from a Democratic to a Republican majority and you begin to see that the only thing constant in Albany these days is change.

We will continue to seek a settlement of our pay issues with this administration.

6/5/09 - Update: The Governor has reached agreement with PEF and CSEA on resolution of the layoffs issue and union support for his Tier V retirement proposal. The agreement is expected to result in reduction of approximately 7,000 positions through the combination of a separation incentive for employees in targeted positions, normal attrition and the elimination of funded positions that are currently vacant. We will provide the specific details of the agreement and how M/C employees will be affected, as soon as additional information is available.

6/4/09 - Update: Discussions continue with the administration on a plan to avoid the governor's proposed 8,700 layoffs and restore the M/C 3% raises and performance advances (steps). The preliminary plan would provide "buyouts" to workers who voluntarily leave the payroll. Current retirement law prohibits such severance payments to be used in Final Average Salary computations. We estimate 7000 departures would NET the state about $600 Million savings in this fiscal year once the restoration of our monies and the costs of this ”buy out” are counted. These departures would have to take place this fiscal year.

Current discussions call for the governor to drop his layoff plan and for all to endorse a new pension package – a version of the governor's proposed Tier V – with more modest benefits terms than those available to current public employees. However, the newest complication is the Governor’s veto yesterday of the ongoing/temporary legislation police and fire pension bill. This “renewal legislation” – identical to one approved by lawmakers and signed by the governor every year since 1981 – allows police and firefighters to retire at half pay after 20 years of service. If this veto stands it will apply to new hires and not those currently employed in that capacity.

No labor organization or public employer can negotiate pension benefits. Such proposals are statutorily prohibited from bargaining. Yet conversations on the Tier V issue (as the “glue” to hold a “deal” together) that lead to some form of endorsed enabling legislation, can be discussed by all.

OMCE is dedicated to participating in and resolving these issues with our principal focus remaining on the restoration of the monies taken from the M/Cs. We will make every attempt to keep this site updated as to the progress of these issues.

6/1/09 - Nominations: Last Call: A reminder that nominations for the OMCE Board of Directors, via email or regular mail, are due to be received in the OMCE office by June 12, 2009. There are six seats to be filled this year, five for 3- year terms and one for a 1-year term. The nominations process is simple, since a member can nominate him/herself. Just submit your resume, a letter stating your interest to run for a Board seat and a statement that can be used on the ballot, describing your background and the issues and priorities you would want to focus on as a Board member.

5/29/09 - Update: Our talks with the Administration continue and we remain optimistic about resolving the M/C pay withholding issue. The pay cuts, though real, are nevertheless reversible. Our sense still is that we have a shot at fixing this, and that is why our talks are continuing. On a related note, the State has responded in our Vacation Exchange Program lawsuit, denying that its suspension of the program was arbitrary and capricious, as we had charged, and urging dismissal of the lawsuit. We have until on or about June 8 to respond, which we will do upon completion of our review of the State’s response.

5/15/09 - Civil Service Lists Online: The Civil Service Department has announced a new website that offers job candidates and human resource personnel instant, online access to civil service eligible lists. The Eligible List Management System (ELMS) provides agencies and individuals who pass civil service examinations an easy-to-use online system for checking rankings and scores on eligible lists. Currently, over 2,000 civil service lists may be accessed. Users can search for information by list number, list name, or job title. Individuals whose names appear on eligible lists can also access additional information specific to their list status by creating a civil service ID and password. ELMS Online can be found by clicking here: http://www.cs.state.ny.us/elmspublic/

5/11/09 – Update: Governor Paterson’s Executive Order No. 6, issued on June 4, 2008, created the Governor’s Task Force on Personal Services Contracting and established procedural and reporting requirements regarding certain State agency contracts for personal services. On Friday, the Division of the Budget issued a bulletin (Budget Bulletin B-1187, dated May 8, 2009) summarizing and clarifying the requirements of the order and detailing agencies’ compliance obligations and reporting responsibilities. The Executive Order aims to ensure that agencies enter into such contracts only after considering whether State employees can practicably meet the same needs by providing services of the same or better quality at an equivalent or lower cost. Beginning October 1, 2009 and annually thereafter, the Task Force will be responsible for issuing a public report to the Governor on the progress the State is making toward the goal of limiting the number of contracts for personal service to those that comply with the criteria set forth in the Bulletin. In its initial report, the Task Force will specifically examine contracting out in two areas: transportation engineering and information technology. The report will include recommendations as to whether and how such contracting may be limited, including regulatory, legislative and/or budgetary proposals. We welcome this as a positive and important step by the State to address one of the key areas for savings that we, PEF and CSEA have repeatedly raised in our talks with the Administration on ways to resolve the M/C pay withholding and impending layoffs issues.

5/5/09 – Update: We met with the Governor’s Office and Division of the Budget yesterday and had some very positive discussions toward possible restoration of the M/C pay withholdings. Even some of the suggestions our members submitted to us via savings4NY@gmail.com caught the administration’s attention. The administration has projected savings figures for various payroll schemes that agree with ours and the Comptroller’s Office is currently costing out the administrative costs of managing the various schemes under discussion, which include provision for retroactive payment of the M/C pay withholdings (3% general salary increase, performance advances (steps) and longevity payments). At this juncture, we remain optimistic of an agreement that restores the M/C pay withholdings and guarantees a “no layoffs” pledge for everyone, including the unions (e.g. the 8,700 job cuts).

4/30/09 - Update: Our lawyers are still reviewing all of our legal options, as our talks with the administration continue over restoration of the withheld 2009-2010 M/C compensation. An interesting statistic is that greater than 73% of M/Cs are age 40 and over!

California has settled with most of its unions on furlough days (one day per month, instead of two; two additional paid personal leave days to replace loss of two holidays). New Jersey is ramming furloughs and staggered temporary layoffs down the throats of its public employees (lawsuits to follow) and Suffolk County cut a deal with its largest employee organization on a one year, no layoff pledge with a lagged payroll. Reasoned settlements and force are being used equally across the nation at both state and local levels.

Despite the rhetoric and chest pounding, ALL employee organizations are still talking to resolve this mess. We've agreed that a one-week "rolling pay date lag" payroll for all current Executive branch employees will save approximately $692 million (salary and fringes). This one-week lag pushes both an administrative and institutional pay date into the next fiscal year. Yes, it is a "gimmick," but one of the least painful. A full pay period "rolling lag" would save the same amount, but without any debt being pushed into the next fiscal year. In either case, the State’s obligation to pay employees upon separation still remains. The unions will require some form of assurance and time-defined guarantee of “no layoffs” before any possible concessions can be made and finalized. We remain optimistic that a reasoned resolution can be achieved that restores the lost M/C compensation and halts the massive 8,700 - 8,900 layoffs.

Talks continue on Monday, May 4.

4/27/09 – Nominations for OMCE Board: Each year at this time, we begin looking for members interested in serving on the OMCE Board of Directors. There are six seats to be filled, five for 3- year terms and one for a 1-year term. The nominations process is simple, since a member can nominate him/herself. Just submit your resume, a letter stating your interest to run for a Board seat and a statement that can be used on the ballot, describing your background, the issues and priorities you would want to focus on as a Board Member and why you would be a good Board Member. Nominations, via email or regular mail, are due to be received in the OMCE office by June 12, 2009.

Board Members are expected to attend four Board Meetings per year (March, June, September/October and December) and to serve on at least one committee. Board Members are not paid to serve on the Board, but travel expenses are reimbursed at State rates. We need active working M/C employees who are interested in being leaders in our ongoing efforts to improve the working lives and working conditions of M/C employees, to help develop policies and programs to better serve M/C employees and to ensure that their rights and benefits are protected. For additional information, contact OMCE at nysomce@gmail.com, 518-456-5241 or, from outside area code 518, at 1-800-828-6623.

4/23/09 – Health Insurance Premium Assistance/Current and Former Vestees: The federal stimulus package provides COBRA premium assistance for certain employees whose loss of health coverage occurred as a result of involuntary termination of employment during the period September 1, 2008 through December 31, 2009.  Premium assistance equal to 65% pf the COBRA premium is available for up to nine months for qualified beneficiaries. The Department of Civil Service’s Employee Benefits Divison advises that individuals covered under the New York State Health Insurance Plan (NYSHIP), whose employment was terminated during this period and who are eligible to continue coverage under NYSHIP as a vestee (because they meet the requirements for retiree coverage, except for age) have experienced a COBRA qualifying event. Therefore, vestees are entitled to COBRA coverage and the federal premium reduction that is now available, if the criteria for the premium reduction are met. Once you no longer qualify for the premium reduction, you will be able to request a return to vestee status. By maintaining continuous coverage under NYSHIP until you reach retirement age, you will retain your right to NYSHIP coverage as a retiree. For information about these additional vestee rights to continue your health insurance coverage under NYSHIP, or if you have questions, call the Employee Benefits Division at 457-5754 (Albany area) or 1-800-833-4344.  

4/17/09 - Update: Our discussions are continuing with the Division of the Budget on alternatives to the withholding of the M/C pay increases and layoffs. Although we have received no commitments as of today, nevertheless, we are encouraged that the discussions and exchanges of ideas continue and the contacts have been frequent.

4/6/09 - OMCE Meeting with Budget: We met with the Division of the Budget today to discuss our suggestions on ways to achieve the savings the Governor seeks without either pay cuts or layoffs of M/C employees. The Budget staff were very receptive to the proposals we put forth and will be looking at the numbers preparatory to giving us a response. Our discussions are continuing and as soon as we have further information to report, we will post it here.

4/2/09 - Governor Announces Withholding of M/C Pay Increases along with No-Layoff pledge for M/Cs: Governor Paterson has ordered* the withholding from M/C employees of the April 1, 2009 3% general salary increase, the 2009-10 performance advances, merit awards and longevity payments. Additionally, he has stated that M/Cs, wherever possible under the law, will not be targeted for layoffs and that agencies will be so instructed. He is asking the State Comptroller, Attorney General, SUNY system and Office of Court Administration to join him in taking similar actions. In a press release issued today, OMCE President Barbara Zaron said: “While dismayed at the Governor’s announcement, we are not surprised. This is not the first time an administration has targeted M/C employees for such actions. It is, however, the first time that an administration has been open to substantive and continuing discussions with OMCE about alternate plans that meet our mutual needs." In that connection, OMCE President Zaron and OMCE Executive Director Joseph Sano will be meeting with the Division of the Budget on Monday, April 6, to discuss alternatives to the announced actions in an effort to reverse the withholdings.

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*April 2, 2009 Letter, Dennis Whalen, Director of State Operations, to Heads of State Agencies and Public Authorities

3/30/09 – State Budget News: The agreed upon budget does not include: Tier V, increased health or Medicare Part B insurance payments by employees and retirees, elimination of the April 2009 3% salary increase or implementation of a lag payroll. However, discussions continue on implementing a new lag payroll. The proposed July 1st layoffs would produce savings similar to a two-week lag - $580 million (personal service and fringe benefits savings), $480 million (personal service savings only).

3/30/09 – New Healthcare Products Benefit: We are pleased to introduce our latest member benefit, the OMCE Home Healthcare Product Program provided by EveryDayMedical. This valuable member benefit can help you deal with rising healthcare costs by providing you and your family a 10% discount off already low prices on more than 180,000 health products shipped directly to your home. The OMCE Home Healthcare Product Program coordinates with your health insurance and Medicare for covered products and offers significant savings on covered items. There is no membership fee. For more information and how to order, login to our Members Only page or call 800-828-OMCE.

3/25/09 - Stop Tier V: Join your fellow members of the 2 1/2 million strong New York State AFL-CIO in opposing the proposal to create a new Tier V retirement tier!  Click here or select STOP TIER V from the menu in the left-hand column for information on why this proposal is unacceptable and to learn what you can do to urge the Legislature to remove Tier V from budget consideration at this time.   

3/24/09 - April 1, 2009 Salary and Other Increases for M/C Employees: The Office of the State Comptroller has issued guidelines and instructions for payment of the April 1, 2009 general salary increase (across-the-board increase in base salary of 3%) and the 2009-10 performance advances and longevity payment increases authorized for Managerial and Confidential (M/C) employees by Chapter 10 of the Laws of 2008 (M/C Paybill). (Exception: April 1, 2009 salary and longevity increases for M/C employees in the Executive Chamber are being withheld.) The general salary increase, performance advances and longevity increases will be effective 3/26/09 (Institution payroll) and 4/2/09 (Administration payroll), beginning with the paychecks dated 4/23/09 (Institution) and 4/29/09 (Administration). Longevity pay (increasing to $1,125 in 2009-10 for 5 or more years of service; $2,250 for 10 or more years) is available to employees in grades M/C-17 and below and is payable effective from the first day of the payroll period following completion of five or ten years of continuous service at or above the job rate. (Click Here to view the 2009-10 and future years M/C Salary Schedules.)

3/17/09 - NYS-Ride Monthly Transit Limit Increased to $230: The stimulus plan bill signed by the President on February 17, 2009 brought some good news for State employees participating in NYS-Ride. In the bill is a provision that nearly doubles the transit limit for commuter benefits. Now commuter participants in NYS-Ride will be able to elect up to $230 tax-free dollars a month to pay for their transit passes and tickets. The new limit is effective immediately. WageWorks, which administers NYS-Ride, has updated its systems so participants can take advantage of the additional savings. For information about NYS-Ride or to enroll, go to: www.nysride.com.

3/9/09 - Vacation Exchange Payments for M/C employees who separated from service: The Office of the State Comptroller has issued the long-awaited payroll instructions to agencies on the processing of vacation exchange payments for employees who participated in the M/C 2008 Vacation Exchange Program and separated from State service from an M/C position prior to January 2, 2009 or from a bargaining unit position prior to April 1, 2009.  Payroll transactions may be submitted for payment beginning with the checks dated March 26, 2009 (Institution Payroll) and April 1, 2009 (Administration).  Generally, the agency responsible for initiating the payment is either the agency in which the employee was still active in an M/C position on 10/1/08 or, if the employee was no longer in an M/C position on 10/1/08, the agency in which the employee earned eligibility.

3/5/09 - Update: $350 Million United Healthcare Settlement: In January, settlement was announced of the class action lawsuit against United Healthcare (UHC) in which OMCE and three other public employee organizations participated. We intervened in the lawsuit in 2003, after our investigation of OMCE members’ complaints that the reimbursements they were receiving from UHC for out-of-network services were inappropriately lower than they should be convinced us that our members were being harmed by UHC’s use of a database maintained by Ingenix, a wholly-owned subsidiary of UHC. In a separate settlement announced in January by the Attorney General’s Office, UHC has agreed to close the Ingenix database and contribute $50 million to a qualified non-profit organization that will establish a new, independent database to help determine fair out-of-network reimbursement rates. The $350 million settlement in which OMCE participated goes further than that, of course, in that it provides for reimbursement to those who were harmed. That settlement has to be approved by the court, however. A hearing on the proposed settlement will be conducted on March 30 and 31, following which the court will be expected to rule on the final settlement. As soon as possible following approval, we will be communicating with our members on implementation of a claims process they can use against the settlement fund.

2/5/09 – OMCE Testifies at Legislative Budget Hearing: OMCE President Barbara Zaron joined leaders of the state’s major public employee labor organizations yesterday in testifying at a Legislative Joint Budget Hearing on the Governor’s 2009 Executive Budget recommendations affecting the state workforce. Acknowledging the state faces a serious financial situation, Ms. Zaron said the Governor’s proposals to deny state employees their contractual and statutorily provided salary increase, to impose another salary deferral and to increase the amount employees and retirees pay for health insurance are not the right way to approach the problem. “OMCE is fully prepared to work with the Governor and Legislature to identify and implement alternate proposals,” she said. “At this time of severe economic strain, with increased demands on government programs and services, we should be doing everything possible to most effectively use our workforce to serve all New Yorkers who need help, not reduce the workforce and, thereby, the help we can provide.”

Click Here to view the full text of Ms. Zaron’s testimony.

Click Here to send an email to your representatives in the State Legislature stating your opposition to the Governor’s workforce budget proposals.

1/30/09 – OMCE Legislative Day (Tuesday, March 10, 2009, Room 120, Legislative Office Building):   Join us for our annual Legislative advocacy day in Albany.* Although the Governor wants the budget to be passed by March 1, we think we might still be discussing budget issues on March 10, as well as our legislative proposals (Click Here to view our 2009-2010 Legislative Program). Those proposals will include Tier Equity (Remember, the Governor is proposing Tier V without addressing a variety of tier equity issues.), Vacation Exchange Program applicable to all state employees, support for enhanced Whistleblower Protection. Click Here to view and print registration form – Please respond no later than February 9, 2009.

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*If you can’t come to Albany – contact your legislator and make an appointment to see him/her in the local district office during that week.

1/29/09 – M/C Online Courses: The Governor’s Office of Employee Relations has announced that the State has partnered once again with the State University of New York at Binghamton to provide M/C employees with online courses, at no charge and with the opportunity to earn continuing education units. There is a new, expanded selection of online course offerings to meet a wide variety of professional and personal development needs, as well as options for M/C employees in secretarial and clerical titles. To access these courses, go to our Links page (Click Here) and select M/C Online Courses in the left-hand column. And bookmark our Links page for convenient and direct online access to information you should know as a NYS M/C employee or retiree.

1/15/09 - $350 Million United Healthcare Settlement Announced: We are proud of OMCE’s key role in the historic $350 million settlement announced recently of the class action lawsuit related to United Healthcare’s (UHC) use of databases disseminated by a wholly-owned subsidiary (Ingenix, Inc) to set reimbursement rates for out-of-network Empire Plan providers. OMCE intervened in the lawsuit in 2003, along with three other labor organizations (CSEA, NYS United Teachers and the State Police Investigators Association), after our investigation of OMCE members’ complaints that the reimbursements they were receiving for out-of-network services were inappropriately lower than they should be convinced us that our members were being harmed by UHC’s use of the Ingenix database. The $350 million settlement provides for reimbursement to those who were harmed.

In a press release issued today, OMCE President Barbara Zaron said that OMCE is “diligent and tenacious when resolving our members’ problems, whether related to health care or other issues.  We spend a lot of time and effort dealing with healthcare related issues, because it appears we have had to assume the role of ‘watchdog’ to ensure that members are receiving what they are entitled to, and that the contracts entered into by the State are fair and reasonable.”  OMCE Executive Director Joe Sano noted that OMCE is currently a plaintiff in another lawsuit challenging the business practices of another Empire Plan provider, Express Scripts.  Sano noted: “Our members pay their fair share for health insurance and expect these companies to execute their responsibilities honestly and fairly. We’ll continue to monitor all who provide these services to our members.”

This settlement has to be approved by the court. As soon as possible following approval, we will be communicating with our members on implementation of claims processing against the settlement fund.

1/15/09 – Scholarships: Applications are being accepted for the Howard Coughlin Memorial Scholarship Fund and John Kelly Labor Studies Scholarship until March 3, 2009. Instructions and application forms are available for viewing and printing from the Members Only page (Login Here) or by calling OMCE at 800-828-6623 (456-5241, if calling from within area code 518).

Coughlin Scholarship – Open to member, associate member in good standing and child of member in good standing for attendance at College, University or recognized Technical or Vocational post-secondary school, Full-time (FT) or Part-time (PT). Each FT scholarship is $3000 for the first year, and $3000 for the second year – total maximum value of $6000; each PT scholarship is $1,200 for the first year and $1,200 for the second year – total maximum value of $2,400. Official OPEIU application and High School transcript required to be submitted to OMCE for endorsement and processing – must be received by March 3, 2009.

Kelly Labor Scholarship – Open to member or associate member in good standing, and undergraduate or graduate in one of the following areas of study: Labor Studies, Industrial Relations, Union Leadership and Administration, non-degree programs sponsored by the National Labor College at the George Meany Center or a similar institution. Each scholarship has a total maximum value of $3000. Official OPEIU application and college transcript (if currently enrolled) are required, along with an essay on applicant’s union activism and occupational goals, to be submitted to OMCE for endorsement and processing - must be received by March 3, 2009.

1/15/09 – NYS Civil Service Examinations/Disabled Veterans’ Credits: In November, voters approved an amendment to the State Constitution removing the requirement that disabled veterans be receiving disability payments from the US Department of Veterans Affairs in order to obtain additional credits on examinations. Now the Department of Veterans Affairs need only certify that the veteran was disabled in the actual performance of duty in any war, that the disability is rated at 10% or more, and that the disability exists at the time of application for appointment or promotion. The provisions of the amendment are not retroactive and apply only to eligible lists established on or after January 1, 2009. The Civil Service Department is revising its examination announcements, application forms and other documents, as appropriate, to reflect this change. Note that veterans credits on competitive examinations may only be used once to achieve a permanent appointment to any civil service position in any jurisdiction in New York State. Individuals who previously used credit as a non-disabled veteran to receive a permanent appointment are not entitled to additional credit as a disabled veteran, even if they would now qualify as a disabled veteran after passage of the constitutional amendment.

1/15/09 - Extension of Special Military and Post-Discharge Benefits: The State has extended special military leave and post-discharge benefits for another year (through December 31, 2009) in response to the continuing need for New York State employees in the National Guard and Reserves to be activated federally or by the Governor for military service related to the war on terror. These benefits are available to M/C employees and employees covered by a memorandum of understanding (MOU) between the State and CSEA, PEF and other public employee unions. 

Section 243 of the New York State Military Law and the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) entitle reservists and National Guard members, under certain circumstances, of up to 90 calendar days from the date of discharge from active military duty to return to work. The MOUs address returning service members' entitlement to charge appropriate leave credits (e.g. credits other than sick leave) and to be granted certain military benefits if ordered to perform military duty during this 90-day post-discharge period. Extension of the special military leave benefit for another year will also require recalculation (by the Comptroller’s Office, Bureau of Payroll Services) of the military stipend that is available to employees on military training leave at reduced pay or military leave at reduced pay.

For further information, please contact your agency or facility’s personnel and/or payroll office.

1/6/09 - Professional Careers Test Workshop: CSEA's WORK Institute will be offering a workshop covering the four topic areas on the March 7, 2009 NYS Professional Careers Test: Preparing Written Material, Quantitative Analysis, Understanding and Interpreting Written Material Related to Government and Social Issues, and Verbal Analysis.  Seats will be offered, as available, to OMCE members.

WHEN: February 5, 10 and 12 (must attend all three nights in order to cover all four topic areas)

TIME: 6:00 - 9:00 PM each evening (arrive at 5:30 PM on February 5 only)

WHERE: NYS Nurses Association, 11 Cornell Road, Latham, NY 12110

COST: $30 CSEA Members; $60 non-members*

     *Upon submission of a paid receipt, OMCE members in good standing six months or more will be reimbursed $30.

TO REGISTER, contact the CSEA WORK Institute at 518-782-4426 / 866-478-5548, or online at:

http://www.csealocal1000.org/training_registration

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