PEF DIVISION 399 NEWS
April
2011 Longevity Awards
04/8/2011
The
Office of the State Comptroller has just released the payroll bulletin
authorizing payment of the April 2011 Performance Awards [Longevity]. A memo from contract
administration and the payroll bulletin are below.
Please
click below:
Memo
and Longevity Award Bulletin
Administrative
Payroll in paycheck dated 04/27/2011
Institution
Payroll in paycheck dated 05/05/2011
April
2011 Performance Advances [Increments]
03/30/2011
The
Office of the State Comptroller has just released the payroll bulletin
authorizing payment of the April 1, 2011 Increments. A memo from contract
administration and the payroll bulletin are below.
Please
click below:
Memo
and Payroll Bulletin
Administrative
Payroll - Effective 3/31/11 - in paycheck dated 04/27/2011
Institution
Payroll - Effective 04/07/11 - in paycheck dated 05/05/2011
2010-11
Early Retirement Incentive Q&A
The
Governor has signed the early retirement incentive (ERI) for NYS employees. The
ERI has two parts. Part A is a traditional ERI. It
is targeted and provides the same benefits and penalties as all other ERIs
have. Part B is a limited 25/55 provision. PEF
has received a number of questions about the ERI legislation and have put
together the following Q&A to assist in answering them.
PART
A – Early Retirement Incentive
PART
A applies to members in Tiers 1-4. With regards to executive
branch employees, it will be targeted to apply only in agencies and positions
designated by the Director of State Operations due to budget or workforce
reductions. State
University of New York (SUNY) eligible titles must be approved by the
Trustees. Employees who are targeted will receive one month
of additional pension credit
for each year of service up to a maximum of 36 months added credit. In
order to be eligible employees must have attained the age of 50 and have at
least 10 years of service. Penalties are as follows:
Tier 2, 3, and 4 members between ages 55 and 62 with less than 30 years
of service will be subject to normal penalties that apply under current law;
members in Tiers 1-4 who are between the ages of 50 and 55 will have an
additional penalty of 5% for each year below age 55. The ERI
will be authorized during a window
period from July 1st to September 28, 2010. Unlike
the 2002 legislation, positions vacated by employees taking advantage of PART A
will be eliminated, unless the position is one in which another employee can be
appointed, transferred or reassigned in which case the former position of the
successor employee will be eliminated.
PART
B – 55/25 Window
PART
B provides a temporary opportunity for members in Tiers 2, 3, and 4 including
executive branch employees who are at least 55 years old and have 25 years of
service to retire without penalties. SUNY must opt-in through
an action by the Trustees. Tier 1 employees are not eligible
for PART B because they can already retire at age 55 with no penalties
regardless of their years of service. For Tiers 2, 3, and 4
members this elimination of penalties can be quite significant because under
present law a member in those tiers who retires at age 55 may face significant
penalties of up to 27%. Key provisions of the 55/25 are as
follows:
- The
55/25 will only be available for a 90 day window. For
executive branch employees the window runs from July 1st to
September 28, 2010;
- The
55/25 is not targeted; it will be available to all members who qualify by
age and years of service at the member’s option; except that
- The
Director of State Operations may exclude executive branch titles deemed
critical to the maintenance of public
health and safety. An employee excluded from the
55/25 may challenge that determination under Article 78 of Civil Procedure
Law and Rules.
Overall
Q:
Is it official yet? When will the State announce the window?
A:
The window has been announced. Both parts will run
concurrently from July 1, 2010 to September 28, 2010.
Q:
Should I notify management that I am interested in the ERI now or it that
premature?
A:
It may be useful to communicate your interest to management now, but you
should also do it again once the window period begins on July 1, 2010.
Part
A (Traditional Early Retirement Incentive)
Q:
Is the ERI available for the entire fiscal year?
A:
No. The ERI bill requires that it take effect on July
1st and will run until September 28, 2010.
Q:
Will the Part A ERI be targeted again?
A:
Yes it will be targeted. The language regarding
targeting is exactly the same as previous enacted ERI bills.
Q:
What do you mean by “targeted”?
A:
"Targeted" means that the ERI will only be offered to employees
serving in titles and work locations that, would otherwise be identified for
layoff but for this incentive.
Q:
Will people in non-targeted titles be eligible?
A:
It is possible that people in non-targeted titles will be eligible.
If a title is targeted in another agency or work location and no one
there is eligible for the ERI, it is possible via §78 of the Civil
Service Law that the ERI could be offered to someone who is not
targeted. The state would offer the incentive
elsewhere to create a vacancy for someone in the targeted title. The
targeted employee would then be transferred into the vacancy. This
can only work if the person is willing to make the transfer in the first place,
and if management approves the ERI and the transfer.
Q:
How can my agency participate?
A:
Agencies have been told that participation in the ERI is necessary to
achieve recurring savings. This would seem to mean that most
if not all agencies will participate but that remains to be seen. Agencies must
submit a request to participate no later than June 21st so we will
have a better idea about participation then.
Q:
Can my agency refuse to participate?
A:
It appears that agencies must participate but in the past agencies have
been directed to participate in programs and have chosen not to participate.
Q:
Does the legislation mandate the elimination of positions if someone
takes the ERI?
A:
In most cases yes. The language does not require that positions funded by
special revenue funds, meaning other than the general fund, be eliminated.
However, the Division of Budget has stated to agencies that, as a general
rule, positions will be abolished.
Q:
How much service credit would an ERI eligible employee be offered?
A:
This law is the same as previous ones - one month of service credit for
each year of service credit with a maximum of 36 months additional credit.
Q:
Under the ERI, could I retire prior to age 55?
A:
Yes, you can retire anytime after age 50 but there are significant
penalties.
Q:
What are the penalties?
A:
There is a five percent penalty for each year prior to age 55.
(This is prorated for partial years.)
Q:
Would the existing penalties for retiring before age 62 for Tiers II, III
and IV also be in effect?
A:
Yes, they are still in effect for members with less than 30 years of
service credit who retire before age 62. These penalties; six
percent a year for each year between 60 and 62 (12 percent) and three percent a
year for each year between 55 and 60 (15 percent) remain. This
means that a Tier II, III and/or IV member retiring at age 50 would incur a 52%
reduction in their pension allowance. However, you can use
the service credit from the ERI to get you to 30 years of service credit so you
can avoid paying the early retirement penalties if you are 55 and would then
have 30 years of service.
Q:
If I put in for the ERI and don’t get it will I still be retired?
A:
If you are otherwise eligible for retirement the retirement system will
handle your retirement as a normal retirement without any of the incentives.
Therefore, you should be in constant contact with your agency Human
Resources department to know whether or not you will be offered the ERI.
If your agency does not tell you that you have been approved by the Task
Force and you do not want to retire you should withdraw your papers from
the Retirement System.
Q:
Can I withdraw my retirement papers any time prior to the date of
retirement?
A:
Yes. You can withdraw your papers right up until the
day of your retirement.
Q:
Is there a cash payout up to 45 percent of my final average salary in the
ERI bill?
A:
Not for members of the New
York State Employees Retirement System. The provision
that calls for the cash payment is for members of TIAA-CREF.
TIAA-CREF is a defined contribution plan available to certain employees
in SUNY. Since these members cannot receive additional “time” in the system
they receive cash instead.
Q:
Do you know if my agency will be participating in the traditional ERI?
A:
No. We do know that the only way the incentive can be
offered is to avoid the need for layoffs.
Q:
Could there be a broader offering at some later time?
A:
We do not anticipate any broader offering of an ERI. The
Division of Budget claims the only way to save significant money is by
keeping the positions vacant after offering the ERI. This is
why they target and we believe why they will continue to target.
Q:
I have service credit from prior county, municipal or school district
employment. Will that time be counted in addition to my State time for
PART A additional service credit?
A:
Yes. Part A Section 6 allows one month of additional service credit for
each year of pension serviced credited as of the date of retirement. So any
prior service that has been credited to you by the retirement system will count.
Q:
Can I get PART A additional service credit which takes me above the total
service credit cap?
A:
Yes. Part A Section 12 allows for the ERI additional service credit to be
added on above the maximum credit allowed. So for example if you have reached
the maximum of 75% (37.5 years of service) you could get up to 3 years of credit
above that limit.
Part
B
Q:
Is the 25/55 a permanent change to the retirement system?
A:
No. The 25/55 is only available for a window
commencing no later than July 1, 2010 and lasting between 30 and 90 days.
Q:
Is it available to eligible employees during the entire year?
A:
No, it will only be open for a 30 - 90 day “window.” This
“window” will run from July 1st to September 28, 2010.
Q:
Is the 25/55 targeted too?
A:
No. However, the Director of State Operations can deny
participation to employees in exempted positions that are deemed to be
“critical” to public health or safety.
Q:
Can I get both the ERI and the 25/55?
A:
No. Employees can only avail themselves to one part of
the incentive package.
Q:
I will be 55 and have 25 years of service October 15. Do I actually
have to retire by September 28 or just have my papers filed?
A:
Yes you have to retire by Sept. 28th. Part B section 4 says the
retirement must be effective during the open period.
PEF WINS Furlough Lawsuit !!! 05/28/10
Payroll Bulletin released today 05/19/20
Improper Practice Filed on 05/10/10
PEF to Governor on Options 05/13/10
Statement on Assembly Meeting with Governor 05/12/10
PEF STOPS FURLOUGHS IN COURT
05/12/10
Click below for the Court decision
Statement from President Brynien Regarding decision
President
Brynien's Statement
PEF Files Federal Lawsuit - Tuesday May 11, 2010
To see a copy of
the lawsuit, please click below:
PEF filed a federal lawsuit in the U.S
District Court, Northern District of NY Tuesday morning. It is our
belief and claim that the State violated the Contract Clause of the U.S.
Constitution when it passed laws (furloughs, delay of salary increases, failure
to fund contract Article 15 programs) impairing the obligation of contract.
The Clerk’s Office has assigned Judge
Lawrence Kahn to this litigation. Judge Kahn has also been assigned
to all other cases challenging the furloughs.
We anticipate that a hearing on PEF’s
request for a Temporary Restraining Order (injunction) will be scheduled
shortly.
Governor Phone - 518-474-8390
Governor Fax: 518-474-1513
FIGHT THE FURLOUGHS !!!
Statewide Day of ACTION !!!!
Monday, May 10th, 2010
12:00 PM
Noon
State Office Building
44 Hawley Street
Binghamton, NY
Click
here for the Flyer for the Rally
Protesting
Furloughs broadcast on WBNG TV 12
State
Workers Rally on News Channel 34
State
Worker Protest Furloughs on Press Connects
To view all of the photos click below:
GREAT JOB on Contacting your Legislators -
Keep Calling, E-mailing and writing your legislators
If
the governor’s proposal for furloughs passes the legislature it will mean a
20% reduction in your pay until a final state budget is passed. This loss of
money in the state’s economy could cause the loss of more than 17,000 jobs
especially in areas of the state which have already been hard hit by the
recession and where the state employees make up a large part
of the local economy.
Please click
below:
Fact
Sheet on Furloughs
To read a copy
of the letter, you must have Adobe Reader. If you do not, please click
below to download Adobe Reader for "FREE"
Click
here for Adobe Reader
Let
your legislators’ know that this is NOT Acceptable. Tell
them to get serious about the future of NYS and the services provided.
Tell your legislators to GET TO WORK and get the BUDGET DONE !!!!!
- Are they taking a pay
Cut ????
- Are they cutting their
cronies [Consultants] who make hundreds
of thousands of dollars ??
- Have they gotten
serious about developing a budget that works for NYS
- Is this election year
?????
Senator
Tom Libous: (607)
773-8771
e-mail: senator@senatorlibous.com
Senator James Seward: (607) 432-5524
e-mail: seward@senate.state.ny.us
Assemblywoman
Donna
Lupardo - 607-723-9047
e-Mail: lupardoD@assembly.state.ny.us
Assemblyman Clifford Crouch
– 607-648-6080
Assemblyman Gary Finch - 315-255-3045
http://nymap.elections.state.ny.us/nysboe/
How
can they save costs ??? !!!!!
Institute
a Consultant Reduction Plan
– This plan will replace about half
the state’s high paid consultants with state employees saving $656 million
over the next three years.
Expand
the Voluntary Severance Program
– the governor originally proposed to reduce the work force by 4,500 positions
by offering a $20,000 severance. Only 1,200 positions were
eliminated through the severance program. More than 1,000 employees were denied
participation in the 2009 program; if offered without restriction, the severance
could save the state more than $52 million in FY 2010-2011. If
the state eliminated another 2,300 positions, through the severance program,
meeting the governor’s initial target, the state could save an additional $120
million.
Overtime
Savings –
Reduce overtime costs by 60 percent by hiring entry-level state employees for a
savings of $33.5 million annually.
Institute
a Workplace Injury Reduction Program
– Workplace injuries cost the state between $113-$227 million per year in direct
and indirect costs. A 20 percent reduction resulting
from comprehensive efforts to address causes of the injuries could result in $45
million in savings.
Please
visit:
http://www.pef.org/2010budgetsolutions.htm
to
view PEF’s Budget solutions.
04/30/10
Lupardo's statement on governor’s proposed furloughs
In
order to pressure the legislature to act on a state budget, the governor has
proposed furloughing state workers, one day a week beginning May 10th. I want
you to know that I am opposed to the governor's plan and am doing everything I
can to discourage this action, which may be illegal. The lack of a state budget
should not be taken out on working people. This proposed action against state
employees, along with what the governor has done to road and bridge crews, SUNY
hospitals and others is not helping budget negotiations. In fact, it is making
things much worse. I am urging the governor to adopt a different approach; one
that is Constructive, rather then Destructive.
04/30/10
statement on governor’s proposed furloughs
Please be advised that I am
adamantly against the Governor's proposal for state workers to accept one day
per week furlough. Instead of cutting pay or positions of the workers actually
delivering the service, the Governor should lead by example and cut positions in
his office and administrative positions in the agencies. Any new administrative
position, most of them Governor's appointments, that has been created in the
last three years should be considered for elimination.
Respectfully,
Cliff Crouch
Assemblyman
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