OMCE News

8/04/08 - Mileage Rate Increased: The Internal Revenue Service (IRS) has announced an increase in the standard mileage rates allowance for the final six months of 2008. The rate will increase to 58.5 cents a mile for all business miles driven from July 1, 2008, through December 31, 2008. This is an increase of eight (8) cents from the 50.5 cent rate that was in effect for the first six months of 2008. New York State reimburses its employees for business use of privately owned automobiles based on the IRS mileage rates allowance. By adhering to the IRS allowance, reimbursements for mileage are not taxable to the employee. The IRS normally updates the mileage rates once a year in the fall for the next calendar year, but said it made this special adjustment for the final months of 2008 in recognition of recent gasoline price increases. The State Comptroller’s website has been updated to reflect the July 1 mileage rate increase (www.osc.state.ny.us/agencies/travel/mileage.htm)

8/1/08 - Spending Reductions/Hiring Freeze: As you know, Governor Patterson has ordered Executive Department agencies to implement an immediate $630 million reduction in 2008-09 spending, along with a freeze on hiring. This represents a 7% cut on top of the 3.35% agency spending reductions already called for in the 2008-09 budget. He is also calling the Legislature back to Albany for a special session to identify an additional $600 million in reductions. Yesterday, we initiated contact with the Division of the Budget on this (a contact we expect to maintain for the duration of the fiscal crisis) in order to ensure we are kept abreast of developments affecting our members and to afford opportunities for OMCE and member input on ways to navigate the current fiscal year’s shortfall and future years’ budget gaps. In that connection, we invite our members to write or email us at any time with suggestions—after all, who better to know than those whose job it will be to manage this crisis? Or, if you have questions or would like to discuss, give us a call. Here’s our contact info:

7/29/08 - July 2008 Empire Plan Report – Benefit Changes: By now, Empire Plan enrollees will have received the July 2008 Empire Plan Report in the mail. The four-page report describes a number of Plan benefit changes that have been made (most of them effective July 1, 2008) and encloses, within the report, corresponding amendments to the NYSHIP General Information Book and Empire Plan Insurance Certificate. The changes include (among others): $30 copay for visits to non-hospital outpatient surgical locations; inclusion of Herpes Zoster vaccination (shingles) as a covered adult immunization under the participating provider program for individuals age 55 and over; an annual diabetic shoes benefit; a prosthetic wig benefit (effective January 1, 2008); and expansion of the MRI prospective procedure review requirement (telephone call for prior approval) to also include MRA, CT and CAT scans, PET scans and Nuclear Medicine tests. We suggest you read the materials carefully to familiarize yourself with the changes and keep them handy for convenient reference. You can also access the information online at the Employee Benefits Division website (www.cs.state.ny.us/ebd/).

7/24/08 - Retiree Cost-of-Living Adjustment (COLA): The Office of State Comptroller has announced that the 2008 Retiree COLA, payment of which begins with the September 30^th pension check, will be 2.0 percent, up to a maximum annual increase of $360, or $30 monthly before taxes. The COLA equals 50 percent of the cost-of-living index and can be as much as 3 percent, but no less than 1 percent, calculated on the first $18,000 of your retirement benefit or the actual amount of the benefit, if less. This year’s 2.0 percent figure represents half of a 3.98 percent rate of inflation measured for the period March 2007 through March 2008, rounded up to the nearest one-tenth of one percent. The COLA payment permanently increases your retirement benefit and is designed to address future inflation as it occurs. Once COLA payments begin, they continue automatically and increase each September. If you are eligible for the COLA, you will receive a letter from the Employees’ Retirement System prior to your September 30th pension payment indicating how much you will be receiving. Information on eligibility requirements is available on the Comptroller’s website (Click Here) or by calling 1-866-805-0990 (474-7736, if you live in area code 518).

7/16/08 - The Great Escape & Splashwater Kingdom Union Member Appreciation Days: We have a supply of discount coupons for half-off the general admission rate for use by OMCE members during Union Member Appreciation Days, August 1 through August 10, 2008. Coupon is valid for up to 6 people (general admission & junior tickets). Present coupon at The Great Escape main gate and pay only half the general use admission rate, plus tax, per person. The Great Escape is located between Exits 19 and 20 of I-87 (Adirondack Northway). Call the OMCE office for coupons while they last, first-come/first-served, at 456-5241, or 800-828-6623 from outside area code 518.

7/10/08 - M/C Tuition Reimbursement: The Governor’s Office of Employee Relations has announced that the maximum reimbursable amount available each fiscal year under the M/C Tuition Reimbursement program has been increased to $2,000. The new amount applies only to coursework that began after January 1, 2008. For information and application forms, go to: http://www.goer.state.ny.us/mc/mctuition.html

7/1/08 - Retiree Health Benefits Meetings: The Department of Civil Service, Employee Benefits Division, has announced its Fall schedule of meetings for retirees, vestees and dependent survivors enrolled in the NYS Health Insurance Program (NYSHIP). The meetings are not for active employees. Each meeting will include general information about NYSHIP benefits and a discussion of Medicare. Note that meeting times vary by location. Seating is on a first-come, first-served basis and cannot be guaranteed. Sites are handicapped-accessible and photo ID may be required. No advance reservation is required. For the convenience of OMCE members, we have posted the meeting schedule (Click Here to view Schedule), complete with locations, dates, times and directions, on our Calendar page.

6/26/08 - Shingles Vaccine: Effective July 1, 2008, the Herpes Zoster Vaccine used to prevent shingles will be covered as an adult immunization under the NYSHIP Empire Plan Participating Provider Program for individuals age 55 or over. You pay only the office visit copay when you receive the shingles vaccination from a participating provider. There is no non-network benefit. Shingles is a painful disease caused by the same virus that causes chickenpox in children and risk for the disease increases with age. In an August 2007 OMCE letter to Gary Johnson, Director of the Governor's Office of Employee Relations, calling upon the State to provide coverage for the vaccine, we noted studies showing the vaccine reduced the incidence of shingles among seniors by 50 percent overall, 64 percent among adults ages 60-69. About a million new cases of the disease are diagnosed each year. Without the vaccine, half of people living to age 85 will get the disease.

6/26/08 - Secretary 1 and Secretary 2 Examination Preparation Workshops: The CSEA Works Institute has announced a schedule (Click Here for Schedule) of one-day secretarial workshops that will be conducted at various locations statewide in August. Although the workshops are intended for CSEA-members, seats are expected to be available at most locations for M/C staff, as well. Non-CSEA members will be placed on a waiting list and notified of their acceptance one week before the scheduled training. The Institute staff are confident they will be able to accommodate all requests, with exception of the Rochester area--although, if someone is interested in attending the Rochester workshops, they should still apply to be put on the waiting list, in case seats become available. Cost to attend is $30 and all workshop participants will receive a copy of the Secretary 1 and 2 training booklet which covers all five topics that will be covered on the examination. We will reimburse OMCE members $15, upon submission of a receipt or cancelled check to OMCE. To apply, email Trevor.Robertson@cseainc.org with the name of the training you would like to attend in the subject line--please include the last 4 digits of your SS# and daytime phone number OR call 1-866-478-5548.

6/5/08 - Nominations: Last Call: Nominations for the OMCE Board of Directors are due by June 20, 2008. 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. 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.

5/27/08 – Update: OMCE Job Rate Pay Parity Proposal: We have received a reply from the Director of the Budget to the M/C Job Rate Pay Parity Proposal we submitted in early April to both the Director of the Budget and the Director, Governor’s Office of Employee Relations. (See 4/8/08 news item–click here.) In a letter dated May 1, Budget Director Laura L. Anglin acknowledged OMCE’s concerns, but said they would be unable to consider our proposal at this time, due to the State’s current fiscal challenges and future economic uncertainties. She expressed appreciation for the dedication and support the State receives from its M/C employees and noted that, since the disparity we cited will not occur until April 2010, there will be ample time for them to consider the possibility of addressing this issue. Albeit not effective until April 2010, we had hoped to pin this down now with a chapter amendment to the M/C pay legislation that passed earlier in the current legislative session. In any event, we will continue to pursue this issue so that it can be resolved and timely implemented by April 2010.

5/16/08 - Fiscal Year 2008-2009 Floating Holidays: The State has designated Election Day, November 4, 2008 and Lincoln’s Birthday, February 12, 2009 as floating holidays. State offices will be open on both days and eligible employees who work on these days will be entitled, as usual, to receive floating holiday credit for use at another time. Floating holiday credit will be carried as a separate entry on time records and not merged with holiday leave or holiday compensatory time. Subject to agency/facility procedures for requesting time off, employees must use their floating holiday credits by November 2, 2009 and February 11, 2010 respectively. Questions concerning the crediting and use of floating holidays may be addressed to your agency/facility human resources office.

5/8/08 - 4th Annual Grand Prix at The Glen - OMCE Member Discount: Receive exclusive member discounts and savings to Camping World's IndyCar Weekend at The Glen, July 4-6, 2008. Weekend and Sunday-only general admission grandstand seating from $39, children 12 and under Free. Add $10, get Koni Challenge, Indy Pro Duels, wine & cheese tasting, fireworks, live entertainment & driver autograph sessions, souvenir trailers, car shows and more. Contact Mike Evranian (607) 535-2486 Ext. 351. Offer expires June 20.

4/14/08 - The Governor's Office of Employee Relations has announced the availability of the M/C Vacation Exchange Program in fiscal year 2008-09, whereby eligible M/C employees may elect to exchange up to 5 days of accumulated vacation credits (annual leave) for monetary compensation. To be eligible to participate, an employee's accumulated vacation credits must total at least 35 days during the election period, which runs from April 1 through either July 2, 2008 for employees on the Institution payroll or July 9, 2008 for Administration payroll employees. The election form is available from your human resources office. The salary base for computing payment is October 1, 2008 and payment will be made during the first week of December 2008. Compensation received is in addition to and not part of base annual salary, and is not considered salary for the purpose of computing retirement benefits.

4/8/08 – M/C Job Rate Pay Parity: OMCE is aware of and working to fix the job rate pay gap that exists between M/C employees and CSEA and PEF-represented employees in certain grades, a gap that will expand if the State’s recent agreement with PEF to further increase the job rates earned by PS&T unit employees is not matched for M/C employees. Beginning in April 2010, the new 2007-2011 contract agreement between the State and PEF provides for increases in the rates that employees in PS&T grades 1 to 25 will earn upon reaching the job rate of their grade, to meet or match the higher job rates paid employees in equivalent grade positions represented by CSEA. Grade 18 and below PS&T employees with a year at the job rate already are able to advance to the higher job rates paid their CSEA-represented counterparts in equivalent grades, as a result of an earlier contract provision for payment of job rate “merit advances” to these employees starting in April 2007. For employees in PS&T grades 26 to 37, for whom there are no equivalent “CSEA” grades, the new agreement adds $1,000 to the rate these employees will earn upon reaching the job rate.

We submitted a proposal to the State for equivalent job rate pay parity for affected M/C employees and, in light of expected ratification of the new contract by the PEF membership when ballots are counted on April 11, for inclusion of a chapter amendment to the M/C pay bill in the PEF pay bill legislation that will follow contract ratification. According to our analysis, M/C job rate pay parity adjustments will be required in grades M/C-18 through M/C-23, M-1 through M-4, and M-7, and range from a low of $208 (at M-4) to a high of $2,371 (at M-1). M/C employees in grades 17 and below already earn more at the job rate than their PEF and CSEA counterparts in equivalent grades and will continue to do so, irrespective of the new agreement the State has made with PEF. M/C-18 employees would earn an additional $1,655 at the job rate, thereby helping to alleviate the long-standing salary compression problem that has existed between M/C grades 17and 18.

We will provide additional information and updates, as soon as available. Meanwhile, OMCE members wishing to obtain a copy of our proposal, contained in April 2, 2008 letters to the Director of the Budget and to the Director of the Governor’s Office of Employee Relations, may request a copy by calling OMCE at 800-828-6623 (456-5241, in area code 518).

3/20/08 – April 1, 2008 Salary and Other Increases for M/C Employees: The Division of the Budget and Office of the State Comptroller have issued guidelines and instructions for payment of the April 1, 2008 general salary increase (across-the-board increase in base salary of 3%) and the 2008-09 performance advances, merit awards, longevity and location payments authorized for Managerial and Confidential (M/C) employees by Chapter 10 of the Laws of 2008 (M/C Paybill). The general salary increase, performance advances and location pay will be effective 3/27/08 (Institution payroll) and 4/3/08 (Administration payroll), beginning with paychecks dated 4/24/08 (Institution) and 4/30/08 (Administration). Longevity pay (increasing to $1,000 in 2008-09 for 5 or more years of service; $2,000 for 10 or more years) is available to M/C 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. Location pay will increase on April 1, 2008 to $1,850 (Downstate) and $1,000 (Mid-Hudson). Merit awards are payable, at agency discretion, at any time during the fiscal year. (Click Here to view the 2008-09 and future years M/C Salary Schedules.)

3/4/08 - The tentative contract agreement between the State and PEF increases the job rate PS&T employees in grades 19 to 25 will earn, beginning in April 2010, to the higher job rates paid CSEA-represented employees in grades 19 to 25. Also beginning in April 2010, employees in PS&T grades 26 to 37 will each receive $1,000 pay increases when they reach the job rate. As a result of this and an earlier agreement, effective in April 2007, that increased the job rates of employees in PS&T grades 1 to 18 to the job rates paid employees in equivalent grade positions represented by CSEA, employees in PS&T grades 1 to 25 will enjoy pay parity with their CSEA job rate counterparts when they reach the job rate. And employees in PS&T grades 26 to 37, for whom there is no comparable CSEA grade—the CSEA schedule only goes up to grade 25—will earn another $1,000 when they reach the job rate.

In light of the State/PEF agreement, which is pending both ratification by the PEF membership and passage of enabling legislation, we will be submitting a proposal to the State for similar job rate pay parity for affected M/C employees who, according to our preliminary analysis, include job rate employees in M/C grades 18 and above. M/C grades 17 and below already earn higher job rates than their CSEA and PEF counterparts, and will continue to do so. Watch the OMCE website—we will be providing additional information, including a copy of our job rate proposal and progress updates, as soon as available.

Note: That M/C job rates in certain grades are less than the job rates paid their CSEA counterparts in equivalent grades is nothing new. We made two earlier attempts at securing job rate pay parity with CSEA job rates for employees in M/C grades 18 to 23, and M-1; in August 2004, with the Pataki Administration (Governor’s Office of Employee Relations) and again, in April 2007, with the Spitzer Administration (Division of the Budget). Both were unsuccessful.

2/14/08 – OMCE Welcome’s Attorney General’s Lawsuit Announcment: Attorney General Andrew Cuomo announced on Wednesday, February 13, that he will sue UnitedHealth Group for allegedly cheating customers by setting fraudulent reimbursement rates for patients. The Attorney General said the probe may involve "fraud in the hundreds of millions of dollars." Typically, insurance companies promise to pay 80 percent of the "usual and customary" cost of out-of-network medical services. But, says the Attorney General’s Office, the “usual and customary” cost information that United, through its subsidiary Ingenix, feeds into the database is manipulated to make medical services look less expensive than they really are. Cuomo said the fair market price for a 15-minute doctor's visit is $200, so United should pay 80 percent or $160 of the bill and the consumer should pay $40. Instead, Ingenix sets the rate at $77, United pays $62 and the consumer is left with the $138 difference. About 70 percent of insured Americans pay higher premiums for insurance policies that allow them to see doctors outside their insurer's network.

In April 2003, OMCE, along with the New York State United Teachers (NYSUT), New York State Police Investigators Association (NYSPIA) and CSEA, joined in a pending AMA lawsuit challenging United’s application of its “usual, customary and reasonable” standards in its medical expense reimbursement practices—the very issue prompting the Attorney General’s lawsuit. In fact, an OMCE member is one of five proposed to the court as representative plaintiffs on behalf of the entire class of individuals affected by United’s practices. OMCE President Barbara Zaron welcomed the Attorney General’s announcement as confirming what OMCE and others who joined the AMA lawsuit have known for sometime and she expressed hope that Cuomo’s lawsuit will lead to a fair and speedy resolution of the pending AMA, OMCE, etc lawsuit and relief for the many individuals who have suffered adverse treatment by UnitedHealth.

2/8/08 – OMCE 2008 Legislative Relations Program: As announced in an earlier notice posted on this page, we will be conducting a revised program of legislative relations for the 2008 session. OMCE President Barbara Zaron and OMCE Executive Director Joseph Sano will meet with targeted legislators on a regular basis on our 2008 Legislative Program. OMCE members are asked to meet with their legislators in the legislators’ local district offices, either individually or in groups. We encourage such meetings throughout the session (January - June) and especially during the week of March 10. Such meetings are feasible on Thursdays or Fridays when legislators are back in their local districts. Materials needed for member advocacy with their local legislators are being prepared and will be made available—watch the website for information.

On Tuesday, March 11, a small group of Albany-based members and OMCE Board members will visit targeted legislators here in Albany. If you want to participate in our 2008 Legislative Relations activities, we need to hear from you early as to whether you wish to come to Albany on March 11 or prefer to make local district office calls. Please call us at 800-828-6623 (456-5241 in the Albany area) no later than Friday, February 22, if you are interested in participating, particularly if you wish to join us in Albany on March 11.

2/5/08 - Deferred Compensation/Retro Pay Deductions: In an earlier notice posted on this page, we notified enrollees in the NYS Deferred Compensation Plan that, once the Comptroller's Office establishes the dates for payment of the April 2007 retroactive pay increase, we would provide information about cut-off dates to make changes in the Plan deduction that would be taken from the retroactive paycheck. The pay dates have been established and here is the cutoff information and instructions we promised to provide (Click Here).

2/1/08 - Payment of 2007 Retroactive M/C General Salary Increase and Longevity Pay Increases: Today, the Division of the Budget issued Budget Bulletin D-1120 authorizing retroactive payment of the April 2007 3% general salary increase and longevity pay increases provided for M/C employees in Chapter 10 of the Laws of 2008. Retroactive payment of the 3% salary increase is expected to be made in paychecks dated February 28, 2008 (Institution payroll) and March 5, 2008 (Administration payroll). Eligible employees (M/C Grade 17 and below) with at least 5, but less than 10, years of continuous service at the job rate will also receive a longevity pay increase of $125 in addition to the $750 longevity increase they already received in April 2007. Similarly, eligible employees with at least 10 or more years of continuous service at the job rate will receive $250 in addition to the $1,500 longevity pay they received in April 2007.

1/31/08 - M/C Paybill Update: The Governor has signed the paybill into law (Chapter 10, Laws of 2008). We will notify you of payment dates, etc. once that information is available.

1/28/08 - M/C Paybill Update: The Assembly has passed the M/C Paybill and returned it to the Senate (which passed it on January 24) for submission to the Governor for signature. We will continue to provide updates here. Meanwhile, we have posted the new M/C salary schedules provided for in the bill on our website's Salary page. To view/print the bill, go to Search Legislation and enter bill number: S.6773. After displaying the bill, click: See bill text.

1/25/08 - Deferred Compensation/Retro Pay Deductions: Deductions to your New York State Deferred Compensation Plan will be taken from your 2007 retroactive salary increase paycheck at the deferral rate that is on record with the Plan. You may want to change (increase or decrease) your deferral for that specific paycheck and the Plan will help you do that. Once the Comptroller's Office establishes the paycheck dates for payment of the retroactive salary increase, you will be provided information about cut-off dates to make changes to your Deferred Compensation Plan deferral rate. Please watch our website for additional information.

1/24/08 - M/C Paybill Update: The Senate has passed the paybill and it is poised for a vote in the Assembly (A.9816-Abbate). After its expected passage there, it will be returned to the Senate for submission to the Governor for signature. We will provide further updates as soon as information is available.

1/22/08 - M/C Paybill Introduced: The 2007-2011 M/C Paybill (Governor’s Program Bill No. 42) was introduced in the Senate on Friday, January 18 (S.6773-Robach)* and is pending introduction in the Assembly. Generally, the bill provides for annual salary increases each year of 3 percent in 2007-08 (payable retroactive to April 2007), 2008-09 and 2009-10 and 4 percent in 2010-11, restoration of the vacation exchange program starting in 2008-09 (5 days) and increases in longevity and location pay. We are monitoring the paybill's progress through the Legislature and we will post updates here as soon as information is available. Also, in a separate action, the Governor’s Office of Employee Relations has announced an increase, from $1,750 to $2,000, in the maximum annual reimbursement available under the M/C Tuition Reimbursement Program. The increase is applicable to coursework that began after January 1, 2008.

*To view/print the bill, go to Search Legislation and enter bill number: S.6773. After displaying the bill, click: See bill text.

1/17/08 – Reimbursement of Medicare Part B Premium Surcharge: Beginning in January 2007, premiums for some Medicare Part B enrollees increased when an income-based premium surcharge (IRMAA – Income Related Monthly Adjustment Amount) began to be added to their standard monthly Part B premium. The surcharge, which will increase in future years, was tacked onto the 2003 federal Medicare bill.

At the time, OMCE raised the issue of whether the State would reimburse affected retirees for the additional premium resulting from the surcharge. Medicare-primary NYSHIP enrollees already receive reimbursement for the standard Medicare Part B premium. Although we received a negative response initially, it was determined that the law requires the State to reimburse whatever premium a Medicare Part B enrollee pays.

Although NYSHIP enrollees will continue to be reimbursed the standard monthly Medicare Part B premium in the same manner as they are currently (for most retirees, via their monthly retirement check), the Department of Civil Service has set up an annual claims process for reimbursement of the surcharge and notified Medicare-primary NYSHIP enrollees of the steps they must take to obtain reimbursement for premiums paid in 2007 in excess of the standard Medicare Part B premium, which in 2007 was $93.50 monthly. Only those who paid more than the standard Medicare Part B premium are eligible to claim reimbursement.

As instructed by the Civil Service Department, claimants must provide the Employee Benefits Division with a copy of the IRMAA notice that enrollees and Medicare-primary enrolled dependents received from the Social Security Administration (SSA) in late 2006, advising of the monthly Medicare premium to be paid in 2007, and a copy of the 1099 form enrollees and their Medicare-primary enrolled dependents receive in January 2008 advising of the Medicare premium amount they actually paid in 2007. Claimants are encouraged to file their claims for reimbursement no later than May 31, 2008.

If you have any questions, contact the Employee Benefits Division at 1-800-833-4344 (457-5754 in the 518 Area Code) weekdays between 9:00 AM and 3:00 PM. If you did not receive a notice about this from the Employee Benefits Division, call us at 1-800-828-OMCE (456-5241 in the 518 Area Code) and we will be happy to provide you with a copy.

1/11/08 – OMCE 2008 Legislative Relations Program: As noted in our November/December 2007 Newsletter, we are planning a revised program of legislative relations for the 2008 session. We will begin our advocacy this month, especially since most of the bills for which we will be seeking support will be carryover bills from 2007. OMCE President Barbara Zaron and OMCE Executive Director Joseph Sano will meet with targeted legislators on a regular basis on our priority issues, among them the M/C paybill, OCTF retiree benefits (2007 bill was vetoed) and retiree health insurance protection (prior bills vetoed). OMCE members are asked to meet with their legislators in the legislators’ local district offices, either individually or in groups. We encourage such meetings throughout the session (January - June) and especially during the week of March 10. Such meetings are feasible on Thursdays or Fridays when legislators are back in their local districts. Materials needed for member advocacy with their local legislators are being prepared and will be made available—watch the website for information.

On Tuesday, March 11, a small group of Albany-based members and OMCE Board members will visit targeted legislators here in Albany. If you want to participate in our 2008 Legislative Relations activities, we need to hear from you early as to whether you wish to come to Albany on March 11 or prefer to make local district office calls. Please call us at 800-828-6623 (456-5241 in the Albany area) no later than Friday, February 1, if you are interested in participating, particularly if you wish to join us in Albany on March 11.

1/10/08 - We have revised and extended the "must be postmarked by December 31, 2007" deadline for return of completed Union Plus Scholarship Program Applications to "must be received at OMCE headquarters by Friday, January 25, 2008." The Union Plus Scholarship Application form was included in the October mailing of the OMCE News Network, which is mailed to all members. The new deadline is firm, no exceptions or further extensions will be able to be made.

1/10/08 - Effective January 1, 2008, United Healthcare began insuring and administering The Empire Plan Prescription Drug Program, partnering with Medco Health Solutions, Inc (Medco) to provide retail pharamacy network and mail pharmacy services. Prescription drug benefits have not changed and the majority of The Empire Plan’s current network pharmacies will continue to participate, including most retail chain pharmacies (CVS, Rite Aid and Walgreen’s, among others). However, there are some changes to the Preferred Drug List resulting from the annual Empire Plan review. Links to the 2008 list are available below. The list is not complete; it does not identify all of the drugs covered by the plan, just the most commonly prescribed generic and brand-name drugs.

If you have questions concerning The Empire Plan Prescription Drug Program, you can contact Medco directly using The Empire Plan toll free telephone number (1-877-769-7447). Choose Empire Prescription Drug Program (#4 on the main menu) and then select the prompt for Medco. You will be able to verify your eligibility, locate a participating pharmacy, use the mail service pharmacy, talk to a Medco representative or pharmacist, request prior authorization or file a generic appeal.

For your first visit to fill a prescription at a participating pharmacy after January 1, you may be asked to provide the following information:

For information on where to send written appeals and prior authorization documentation, contact Medco via The Empire Plan telephone number (1-877-769-7447) and follow the prompts, as instructed above.

12/18/07 – Pension Fund Reforms Announced: State Comptroller Thomas DiNapoli and Insurance Superintendent Eric Dinallo were joined by Governor Spitzer recently in announcing a new set of state pension fund regulations to improve efficiency, protect public employee and retiree pensions, and help restore confidence in governance of the fund. Jointly developed by the Comptroller and Insurance Superintendent, the reforms will improve internal controls, increase transparency and set new ethical standards and fiduciary responsibilities for the $154.5 billion New York State Common Retirement Fund. The Governor said the new regulations will maximize protection for taxpayers, local governments and beneficiaries and he credited DiNapoli with already setting in motion some of these new standards. Comptroller DiNapoli welcomed the partnership with the Governor and Insurance Superintendent and noted that the Retirement Fund’s performance has been and continues to be among the best in the nation. He pledged to set the bar for transparency and integrity very high. OMCE, RPEA (Retired Public Employees Association), PEF, CSEA, NYSUT and other public employee unions support the changes. OMCE President Barbara Zaron released a statement saying: "With these proposed regulations, we are adding on to and extending the 'glass house of public employee accountability' to private sector entities that do business for and with the NYS retirement system. These additional transparency and accountability measures should reassure all the stakeholders that the NYS retirement system will be the most open, best public retirement system in the United States while continuing to be run for the sole benefit of the system's members and beneficiaries."

12/13/07 - Deferred Compensation Limits for Calendar Year 2008: The Office of State Comptroller has issued a payroll bulletin advising agencies of the maximum contribution limits for employees enrolled in the Deferred Compensation Plan in calendar year 2008, pursuant to IRS 457 regulations. The 2008 limits, which will be effective with paychecks dated 1/3/08 for Institution payroll employees and 1/9/08 for Administration payroll employees, are as follows:

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.

12/6/07 - Update: At our November meeting with the Governor's Office of Employee Relations (See 11/7 News item below), we outlined our proposals for M/C employees, including a 10 day vacation exchange program and the salary increases, geographic pay differentials and health insurance provisions (although some copays may differ) the State agreed to with CSEA. While we received no specific commitments, we were advised that the Governor's M/C PayBill will probably be submitted to the Legislature along with the CSEA PayBill, following the expected January 2008 ratification of the new State/CSEA contract by the CSEA membership.

11/20/07 - Important NYS Health Insurance Plan (NYSHIP) Information for Medicare-Primary HMO Enrollees and Dependents: Effective January 1, 2008, Blue Choice, CDPHP and MVP (East) will require their Medicare-eligible enrollees and dependents to join a Medicare Advantage Plan. They join six other NYSHIP HMOs that already only offer Medicare Advantage Plan enrollment to Medicare-primary NYSHIP members. Enrollment will be automatic. Enrollees preferring not to be automatically enrolled can opt out and choose another health plan during the current option transfer period, which ends December 15, 2007. Blue Choice, CDPHP and MVP (East) Medicare-primary enrollees should have received a mailing from NYSHIP explaining the change, along with the 2008 Choices booklet describing the various health plan options that are available to NYSHIP enrollees. You should review the summary of benefits information carefully. Be sure to check the drug formulary and provider lists to be sure your prescriptions are covered and your physicians are in the Medicare Advantage Plan network. Contact information for the Empire Plan and each HMO can be found in the Choices booklet. If you have any questions about NYSHIP or your enrollment options, please call the Civil Service Department’s Employee Benefits Division at 518-457-5754 or 800-833-4344, Monday through Friday between 9:00 AM and 3:00 PM or via the web at: www.cs.state.ny.us.

11/7/07 - We have been receiving questions from members on what’s in store for M/C employees in light of CSEA’s tentative contract settlement with the State.

Historically, the M/C PayBill has been attached to the CSEA PayBill. We do not yet know if that will be the case, but expect it will be. Also, historically, the pattern set by the first union to reach agreement (e.g. CSEA) is applied to the PEF and M/C agreements (with some modifications). Accordingly, we expect the percentage increases (3% retroactive to April 2007, 3% in April 2008, 3% in April 2009 and 4% in April 2010), downstate salary adjustments, pre-tax mass transit commuting savings, health insurance co-pays and additional health insurance benefits such as shingles vaccination, diabetic footwear – two issues OMCE brought to the table – will be applicable for M/C's.

Please note that the CSEA contract agreement must be ratified by the CSEA membership and codified in legislation (PayBill), so it will be some time before the agreement can be implemented. Also, there is no expectation at this time that the Legislature will return before January 2008.

OMCE's next meeting with the Governor’s Office of Employee Relations concerning the M/C PayBill (with a vacation buyback option) is scheduled for November 14. We will post additional information here as soon as it is available.

10/23/07 - Retiree Medicare Part B Premium Reimbursement: Beginning January 1, 2007, premiums for some Medicare Part B enrollees increased when an income-based premium surcharge began to be added to their standard monthly Part B premium. The surcharge, which will increase in future years, was tacked onto the 2003 federal Medicare bill. Affected are single enrollees whose modified gross annual income on their federal income tax return filed in the preceding year is over $80,000 and married enrollees who filed a joint federal return in the preceding year with a modified gross annual income over $160,000.

In January, OMCE raised the issue of whether the State would reimburse affected retirees for the additional premium resulting from the surcharge. Medicare-primary NYSHIP enrollees already receive reimbursement for the standard Medicare Part B premium. We are pleased to announce that, although we received a negative response initially, it has been determined that the law requires the State to reimburse whatever premium a Medicare Part B enrollee pays.

The Department of Civil Service is setting up a system to handle reimbursement. Plans are underway for an annual claims process with claimants submitting a copy of their Part B statement in order to obtain reimbursement. Only retirees who pay the additional premium will need to submit their Part B statement. There will be a 3-year limit on filing retroactive claims. Civil Service hopes to complete the details of the claims process in time to announce it in its January 2008 Empire Plan Report. In the meantime, as we have more information to share, we will post it here.

10/12/07 - Civil Service Department Commissioner Nancy Groenwegen announced yesterday that the Department’s Employee Health Service will begin making flu shots available to State employees in the coming months at the 22 nursing stations it operates statewide. The nursing stations are located at worksites in Albany, Binghamton, Buffalo, Long Island, New York City, Syracuse and Utica. The Employee Health Service estimates it will administer over 7,000 flu shots.

According to the federal Centers for Disease Control and Prevention (CDC) there will be plentiful supplies of flu vaccine available over the course of the 2007-08 flu season. This year's vaccine contains antigens to the three strains of flu virus that experts expect are most likely to be circulating during the 2007-08 flu season. It's important to get a flu shot annually since the viruses that cause flu often change from year to year. Influenza is a serious disease that contributes to 36,000 deaths and 200,000 hospitalizations each year. Those at higher risk for flu include: persons 50 years of age and older, with or without chronic health conditions; children aged 6 months up to their 5^th birthday; pregnant women, health care personnel and all persons (including school-age children) who want to reduce the risk of becoming ill with the flu or transmitting the flu virus to others.

Employees wanting a flu shot should watch for announcements at their worksite. For employees, retirees and the public, information on where to get a flu shot is available from their health care provider, local pharmacist, the media and senior centers, and posted online by the New York State Office for the Aging at: http://www.flu.state.ny.us. More information about the flu can be found online at: http://www.nyhealth.gov.

10/11/07 - Veterans' Day falls on Sunday, November 11, this year and will, therefore, be observed by the State on Monday, November 12. (Under the General Construction Law, holidays which fall on a Sunday are observed by the State on the next Monday.) Section 63 of the Public Officers Law provides that eligible veterans are entitled to the day off on November 11 or, if required to work that day, to a day off in lieu thereof and regular pay* for the time worked. Eligible veterans who work on Monday, November 12, but are not required to work on Sunday, November 11, are not affected by Section 63 since (1) they will have a day off on Sunday, November 11 and (2) receive holiday leave/holiday pay, as appropriate, plus regular pay* for time worked on Monday, November 12. Questions may be directed to your agency/facility personnel office.

*Note that if either Sunday, November 11 or Monday, November 12 is a pass day on which an overtime-eligible employee is working, the employee may be receiving overtime pay rather than regular pay.

8/17/07 - Governor Spitzer has vetoed S.6030 and a similar bill (S.6031-A) which sought to prohibit the diminishment of a public sector retiree’s health insurance coverage or employer contributions without a corresponding diminishment for active employees. The Governor’s veto message is reproduced below. We will be working with other employee/retiree organizations and agencies the Governor identified in his message to study the issue and report to him on the potential impact of these bills and other possible legislative proposals.

Veto Message – Nos. 119 and 120

TO THE SENATE:

I am returning herewith, without my approval, the following bills:

Senate Bill Number 6030, entitled:

“AN ACT in relation to affecting the health insurance benefits and contributions of certain retired public employees”

Senate Bill Number 6031-A, entitled:

“AN ACT in relation to affecting the health insurance benefits and contributions of certain retired public employees”

NOT APPROVED

These bills – which are very similar to bills vetoed four times by Governor Pataki – would place limitations on the degree to which public employers can alter the health insurance benefits of public service retirees. Under S.6030, which applies to the New York State and Local Employees Retirement System, the Teachers Retirement System and the Optional Retirement Program, public employers would be precluded from diminishing the health insurance benefits given retirees, or employer contributions made for retirees, unless a corresponding diminution is made in the benefits of active employees. S.6031, which applies to the New York State and Local Police and Fire Retirement Systems, bars any diminution of retiree health insurance at all on or after the effective date of the bill. Both bills would be in effect only until May 15, 2008, but proponents of the bill undoubtedly will seek to extend them each year.

These bills seek to advance the laudable and important goal of insuring that retiree health care benefits do not become a unique target of budget cuts. Supporters argue that these bills are necessary to protect the health insurance benefits of retirees, since such benefits are neither subject to collective bargaining under the Taylor Law, nor protected under the constitutional ban against diminishment of pension benefits.

While these are strong arguments, there are also powerful countervailing considerations. Employers are deeply concerned that these bills would significantly constrain their flexibility. Many note that under the bill, programs that give somewhat different benefits to retirees to improve compatibility with Medicare, or because of changes in Medicare rules, could be curtailed. Employers also point to the difficulty of administering this bill, and determining the benchmark to which retirees should be compared in cases where a wide variety of employees and benefits are at issue. The Department of Civil Service, in particular, notes that the New York State Health Insurance Program (“NYSHIP”) administers active employees and retirees differently, and states that the bill would “severely constrain” its practices in the future.

Proponents of the bills also advance equity arguments, as retirees of school districts have been governed by similar restrictions since 1994. I note, however, that enacting these bills would also result in the application of different rules to different sets of retirees. I am particularly troubled that S.6031 would prevent any diminution of retiree health benefits, even in a fiscal crisis that required cuts for active employees. If enacted, pension recipients would soon seek the same protection.

In particular, NYSHIP applies a wide variety of different costs and benefits to a host of different bargaining units. If it sought to change retiree benefits, it is unclear how it could coordinate such alteration with a bargained change for every represented group of employees, or how it could be determined whether reductions in such varied benefits were equivalent to those applied to retirees.

In any event, the 1994 school district retiree law was enacted following a study and report by a Task Force that, among other steps, conducted an extensive survey of school districts to determine their health insurance practices vis-à-vis retirees. In contrast, these bills would put a new set of rules in place statewide whose effect is difficult to determine, without similar prior study. There is a great deal of information that is simply not discernable from the submissions on this bill, and which would be essential to evaluating the best approach to the serious concerns raised by the sponsors. Among these issues are: (1) the effect the school district law has had on employer options and costs; (2) the frequency with which retiree health benefits are reduced while those of active workers remain the same; (3) whether there are differences in how school districts and some of the larger entities addressed by this bill administer health insurance, and whether such differences require different approaches; (4) whether, because of the unique set of benefits available to retirees (such as Medicare), there are circumstances where a parallel treatment of retiree and present employee benefits is unwarranted; (5) what impact a universal health care initiative would have on this issue; and (6) whether there are other statutory or regulatory means for protecting retiree health benefits – such as by changing collective bargaining rules or otherwise – that would be a better way of addressing the problems articulated by the bills’ supporters.

Given these open questions, I am directing the Division of the Budget, the Commissioners of Health, Insurance and Civil Service, and the Director of the Governor’s Office of Employee Relations to work with employee and retiree organizations to investigate these issues, and to report back on the potential impact of these bills and other possible legislative proposals. On the basis of the information presently before me, however, I think it would be unwise to impose on every public employer in the State the broad and differing rules mandated by these bills.

The bills are disapproved. (signed) ELIOT SPITZER

8/16/07 - Governor Spitzer has vetoed the OMCE bill that would have provided an optional 25 year retirement plan for police investigators employed by the Attorney General’s Office. The text of the Governor’s veto message is reproduced below. We will be revising the bill to meet the Governor’s concerns and submitting it for reconsideration by the Legislature as soon as is feasible.

Veto Message – No. 110

TO THE ASSEMBLY:

I am returning herewith, without my approval, the following bill:

Assembly Bill Number 6311, entitled:

“AN ACT to amend the retirement and social security law, in relation to the retirement of members employed as investigators assigned to the department of law”

NOT APPROVED

This bill would grant an improved pension benefit to investigators employed by the Offices of the Attorney General (“OAG Investigators”). As a general rule, I believe that pension benefit expansions should be granted only in limited and appropriate circumstances. Pension benefits constitute a significant expense for the State and localities, and the fiscal health of the State depends on its ability to limit their expansion in a way consistent with its other budgetary priorities. While the benefit in this bill is relatively modest, enacting it could lead others to seek a similar plan. For that reason, care must be taken in ensuring that such a special pension benefit is drawn with clear parameters, so as not to invite numerous follow-on bills based on claims that equity requires such benefits for additional titles.

The sponsors and supporters of this bill, however, present a strong case as to these individuals. In particular, they argue and present voluminous documentation and legal citations to show: (1) that the OAG Investigators are defined as police officers by law; and (2) they engage in important and dangerous law enforcement investigations, in such areas as narcotics, terrorism and gang activity. Under these specific circumstances, providing a special pension plan may be warranted.

However, there is one aspect of the bill that gives rise to significant concern. In addition to granting a right to retire with a 50% benefit after 25 years, this bill also provides service credit of 1/60 of salary for each year of service thereafter. Many other comparable employees’ plans lack this element. Because those other groups undoubtedly will seek similar benefits, granting them in this case would have broad fiscal implications beyond those created by this bill alone. As a result, I am constrained to disapprove this legislation.

The bill is disapproved. (signed) ELIOT SPITZER

8/7/07 - Retiree for part-time work: United Way of New York State (UWNYS) is looking for a part-time staff person to oversee the fiscal aspects of contract compliance. The job is located in Albany. Responsibilities include oversight of subcontracts between UWNYS and its local United Ways and regional 211 organizations, review of the regions’ budget submissions and requests for reimbursement of expenses, together with associated documentation, and ensuring fiscal compliance with state and other grant requirements. Experience in managing state or other grants would be helpful. Interested persons should contact Ms. Diane Lasch, UWNYS, at 518-463-2522 or dlasch@uwnys.org. (For info about UWNYS, click here to link to their website.)

8/6/07 - The OMCE bill (S.4694/A.6311) providing an optional 25-year retirement plan for Police Investigators employed by the NYS Office of the Attorney General was sent to the Governor on Friday, 8/3, for signature. Show your support for this important legislation by sending a message to the Governor urging him to sign the bill. It's easy to do: Just Click Here or select ACTION LINE from the menu in the left-hand column and follow the step-by-step instructions. Your email will be on its way in seconds.

8/2/07 - Retirees Take Note: The Department of Civil Service has notified us that, due to a scheduling conflict, the date of the Smithtown Retiree Health Benefits meeting at the Sheraton Long Island has been changed from 10/5 to Friday, October 19. For your convenience, we have posted the Fall '07 Retiree Health Benefits meeting schedule (through 10/30/07) on our Calendar Page.

7/31/07 - The prospects for a vacation exchange program this year do not look good. No progress has been made toward an M/C PayBill, which historically is not addressed until union contracts are negotiated, and the current State/union negotiations are proceeding slowly. Timing constraints and the lack of legal authority without a pay bill to provide for such payments means there will be no vacation buyback this year.

7/31/07 - 2007 OMCE Election: OMCE members will receive ballots in the mail this week to vote on candidates for five seats on the OMCE Board of Directors. In order to be counted, ballots must be received at OMCE headquarters by no later than close-of-business Thursday, August 30, 2007. Ballots received after this deadline will not be counted. Instructions and special return envelopes are included in the mailing. To insure that only OMCE members vote, be sure to leave your preprinted name and address on the outside of the return envelope--ballots in envelopes without return addresses will not be counted. Do not sign or otherwise identify yourself on the ballot. And, before sealing your ballot in the special return envelope, make sure you have voted for no more than five (5) candidates.

7/31/07 - The State has announced that the contract for the Empire Plan Prescription Drug Program is being awarded to United Health Care/Medco. The 4-year contract will become effective January 1, 2008. The prescription drug program is currently insured by Empire Blue Cross/Blue Shield with Caremark serving as Pharmacy Benefit Manager. United Health Care (UHC) is the insurer for the medical portion of the Empire Plan. The State must sign a contract with UHC/Medco before they can become the new vendor.