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News Archive: 7/1/06 - 12/31/06

12/26/06 - Effective January 1, 2007, the Vision Care Plan will be administered by EyeMed Vision Care, LLC. EyeMed offers access to a nationwide network with over 1,800 providers in New York State, including independent practitioners and optical retailers LensCrafters, Target Optical, Sears Optical, JC Penny Optical and most Pearle Vision centers. Information and ID cards have been mailed to current enrollees' homes and information is now available online via the Department of Civil Service website (www.cs.state.ny.us). If you did not receive an ID card in the mail or have questions, contact your agency/facility employee benefits administrator or EyeMed at 877-226-1412. Note: M/C enrollees have 90 days from the date of the exam to purchase eyewear at a participating provider. Occupational eyewear (available to employees only, not dependents) must be ordered from the participating provider during your vision examination.

12/14/06 - The special session of the Legislature called by Governor Pataki on Wednesday ended last evening without agreement on a number of issues. The Legislature did not pass an early retirement incentive. Governor-elect Spitzer, in a statement released yesterday, said an early retirement bill should not be rushed, dimming speculation that there will be a retirement incentive before the end of the current calendar year.

12/12/06 - Chapter 103 of the Laws of 2005, amending Civil Service Law Section 131.5, provides for a new method of calculating salaries for employees upon movement from non-statutory (NS) Management/Confidential (M/C) positions to graded positions, where the hiring rate of the graded position is greater than the employee’s NS salary. The change is applicable to NS M/C employees moving to graded positions, effective on or after April 1, 2003. In order to be eligible for the new calculation, employees must be in an NS M/C position immediately prior to moving to the graded position, have occupied the same NS M/C position continuously for at least one calendar year and, in some cases, meet certain other requirements. The Office of State Comptroller (OSC) has issued a payroll bulletin detailing the eligibility requirements and procedures to be used for calculating salaries using the new method. OSC will provide listings of eligible employees for agencies to review to determine whether the new calculation method will result in a higher new salary. Agencies may begin processing payroll adjustments, retroactive to April 1, 2003 where appropriate, beginning with the payroll checks dated 12/21/06 (Institution payroll) and 1/10/07 (Administration). Employees who believe they may be affected by this change may wish to contact their agency payroll office to determine if they are eligible and, if so, that they have been accounted for.

12/12/06 - The United Way of New York State (UWNYS) has asked us to assist their recruitment of a Statewide SEFA Coordinator for the 2007 campaign. We believe this would be a good part-time opportunity for a qualified M/C retiree.

12/11/06 - OMCE Wins Reversal! - At its monthly meeting today, the Civil Service Commission voted unanimously to withdraw its earlier approval of a request that had been made by PERB (Public Employment Relations Board) to change the jurisdictional class of its competitive class position of Assistant Director, Public Employment Conciliation to non-competitive. Noting the many letters of objection received from "labor organizations and public sector management groups," Commission President Daniel E. Wall said there were "compelling reasons to revisit the Commission's prior determination." As a result of the Commission's action rescinding its earlier approval, this key M/C position will remain in the competitive class. OMCE President Barbara Zaron praised the Commission's action, saying: "We see agencies making these requests too often--requests that, when approved, erode the merit system. This time, the Commission did the right thing!"   

12/5/06 - The Comptroller’s Office has issued a payroll bulletin announcing increases in the maximum contribution limits for employees enrolled in the Deferred Compensation Plan for calendar year 2007. Pursuant to IRS Section 457 Regulations and effective with paychecks dated January 4, 2007 (for Institution payroll employees) and January 10, 2007 (Administration payroll):

--The regular yearly contribution amount for Deferred Compensation has been increased from $15,000 to $15,500.

--The Deferred Compensation “Retirement Catch-Up” provision, available to employees in each of the last three years prior to normal retirement age, has been increased to $15,500, for a combined maximum total contribution of $31,000 for calendar year 2007.

--An additional deferment is available to employees age 50 and over. These employees can defer up to $5,000 in addition to their regular contribution amount, for a combined total contribution limit of $20,500 in 2007. 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.

11/22/06 - Ruling on appeal, the Appellate Division of State Supreme Court, 3^rd Judicial District, today reversed the decision the State won in Supreme Court in the lawsuits filed by OMCE and others challenging the State’s change in policy concerning reimbursement of Medicare Part B premiums. In its decision, which was unanimous (5-0), the court said that not only did the State’s interpretation of the statute (Civil Service Sec 167-a) the State had relied on in making the policy change go against the plain language in the statute, but it also violated its own regulation, 4 NYCRR 73.3 (b) (6), which provides that the employer “shall pay an additional sum each month equal to the current monthly Federal Medicare charge as the employer’s share of the cost of coverage for each employee and dependent covered under the health insurance plan who is 65 years of age or older.” Had the State been upheld on appeal, State employees and retirees would have been required to contribute an estimated $25 million annually toward the State’s cost for reimbursement of Medicare Part B premiums. Coming on the heels of OMCE’s successful challenge of the Budget Director’s withholding of M/C performance advances in 2003 which saw the State being required to pay back over $23 million in withheld performance advances, this is clearly another big victory for our members.

11/22/06 - Choose your health insurance option for 2007 by December 29, 2006 - The Department of Civil Service has published the 2007 NYSHIP rates and announced the option transfer deadline for 2007. Plan and rate comparisons are available from your agency Health Benefits Administrator or online (Click Here). No action is required if you wish to keep your current health insurance plan or if you are a retiree. Retirees may change health insurance options at any time once during a 12 month period. If you wish to change your health insurance plan, ask your agency Health Benefits Administrator for Health Insurance Transaction Form PS-404. If you are enrolling in a NYSHIP HMO, or changing to another NYSHIP HMO, also ask for an HMO enrollment form. Return the completed form(s) to your agency Health Benefits Administrator no later than December 29, 2006.

11/9/06 - Vacation exchange payments for M/C employees who elected to participate in the 2006 M/C Vacation Exchange Program will be made in a separate check dated November 29, 2006 for employees on the Administration payroll and December 7, 2006 for Institution payroll employees. The payment, which will be for up to 5 days vacation depending upon the number of days exchanged, is based on the salary in effect on October 1, 2006. For retirees and others who left their M/C position before October 1, the payment will be based upon the last salary they were earning in an M/C position. The Vacation Exchange payment is taxable, but not pensionable.

11/06/06 - The second of a 3-part luncheon series, Transitions for Women Lawyers in Government: Managing Change, will take place Wednesday, November 15 (11:30 AM to 1:30 PM) at the former Sign of the Tree Restaurant, Empire State Plaza, Albany. Panelists will address the NYS Ethics Law for those moving from the public to private sector, describe the experiences of women lawyers who have transitioned to the private sector and provide timely information and resources about non-governmental careers for women lawyers. The 3rd and final luncheon in the series, Transition Within Government, will take place on Wednesday, December 13 (same time, same place) and panelists will share practical information about Civil Service rules and the competitive examination process for attorneys, including hold items and appointments, and share their own experiences as women attorneys in tenured Civil Service positions. Luncheon choices are roast beef, turkey, ham and Swiss cheese, tuna salad, or vegetarian sandwich with fruit, cookie and beverage. Registration must be received one week in advance of the date of the event. No walk-ins. Registration fee is $12 for Capital District Women's Bar Association members, $15 for non-members. Send name, address, luncheon date (s) and appropriate fee, via a check payable to Capital District Women's Bar Association, to: Ava Charne, Executive Director, Capital District Women's Bar Association, Post Office Box 2747, Albany, NY 12203-0747. For additional info, email acharne@nycap.rr.com or call 518-438-5511.    

10/27/06 - Reminder: The State has designated Election Day a floating holiday. State offices will be open on Tuesday, November 7, and eligible employees who work on that day will be entitled to a floating holiday. The State has not designated another day to be observed as a holiday in lieu of November 11, Veterans’ Day, which falls on a Saturday this year. Instead, eligible employees will be entitled to holiday compensatory leave credit. Questions concerning the crediting and use of a floating holiday and holiday compensatory leave may be addressed to your agency/facility human resources office. 

10/20/06 - We have been receiving inquiries from members and other M/C employees about PEF challenges to the M/C designation of their positions. During the 2002 and 2006 open challenge periods, PEF filed petitions with PERB (Public Employment Relations Board) contesting the M/C designation of over 2,000 positions. The State (Governor’s Office of Employee Relations) is currently dealing with the 2002 petition and challenges PEF has made from time-to-time to newly created or reclassified positions the State tentatively designated as M/C. The Governor’s Office of Employee Relations (GOER) has instructed agencies to provide justification for maintaining a position’s (or group of positions) current M/C designation and to notify individuals whose positions may be affected. We were successful several years ago in securing an amendment to the Taylor Law that requires notice to employees whose positions have been challenged, but OMCE is barred from any official role in the process. Nevertheless, we are available to assist individuals in making a case for their position’s M/C designation that, in turn, may assist their agency in making the case to GOER. We also have copies of the 2002 and 2006 PEF petitions, with listings by agency and facility of the positions being challenged. For information or assistance, please call us at 800-828-6623 (456-5241 in the Albany area).

10/19/06 - The Social Security Administration has announced that Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 3.3 % COLA (Cost of Living Adjustment) in 2007.  The 2007 COLA is based on the increase in the Consumer Price Index during the one-year period from the third quarter of 2005 through the third quarter of 2006.  Social Security taxes will remain at their current rate in 2007, but the maximum taxable earnings will increase from $94,200 to $97,500.

9/18/06 - Upcoming Enrollment Dates to Keep in Mind (Click on program title for information):

2007 Flex Spending Account September 25 - November 10, 2006

2007 Productivity Enhancement Program (PEP) October 30 - November 24, 2006

2007 Choices (NYSHIP Option Transfer and Pre-Tax Premium Contribution) November 1 - November 30, 2006

9/14/06 - The Governor has vetoed the retirement bill for police investigators employed in the Attorney General's Office. The bill would have provided an optional 25-year retirement plan.

9/1/06 - We have begun scheduling our Fall 2006 Lunch and Learns. Check the Calendar page for a Lunch and Learn near you and call OMCE at 800-828-6623 (456-5241 in the Albany area) to reserve a spot--reservations are required. We will be scheduling additional Lunch and Learns--watch the Calendar page. 

8/31/06 - The following is a notice for OMCE members of a September 16, 2006 meeting for nominations of officers to OPEIU Local 153, AFL-CIO. In order for Local 153 to comply with the terms of its constitution, notification of this meeting must be sent to all members, including members of affiliate unions. As an affiliate, OMCE operates autonomously. Therefore, this meeting and these nominations do not affect OMCE, but we are obliged to notify you of this event.

8/11/06 - The Governor’s Office of Employee Relations has announced the Certification and Licensure Exam Fee Reimbursement Program, a pilot program that provides reimbursement of certification and licensure examination fees to State employees designated Management/Confidential (M/C). The time period covered by this Program is April 1, 2006 – March 31, 2007. During the period, an employee may be reimbursed a maximum of $600 for certification and licensure examination fees. The program does not cover fees for Civil Service examinations. Program guidelines and application forms are available for download from the GOER website: http://www.goer.state.ny.us/mc/fee-reimb/index.html

7/19/06 - Governor Pataki vetoed the 55/25 retirement incentive bill today. In his veto message, the Governor cited the costs of the incentive to the state and local governments and the impact on the ability to maintain services.

6/13/06 - OPEIU Local 153, AFL-CIO, has announced this year’s awarding of the Howard Coughlin and John Kelly Labor Studies college scholarships. Congratulations are due to OMCE members and children of members who won three of the four Coughlin scholarships awarded in the Eastern region and the only John Kelly Labor Studies scholarship awarded here. The Coughlin scholarships each pay up to $5,000 in annual amounts of $1,250; the Kelly scholarship pays $2,000. Winners have been notified. We will be seeking nominations for next year’s scholarships in the Fall—watch this site and the monthly OMCE newsletter for announcements.

7/11/06 - The 55/25 retirement incentive bill was sent to the Governor on July 7. We will continue to follow the bill's progress--check back here for updates. Also, the Governor has signed legislation raising the annual amount (currently $27,500) that a retiree re-employed in the public sector can earn without reduction in retirement allowance to $30,000 for calendar year 2007 and thereafter.