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UPDATED
Sept. 28, 2008
















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SEPTEMBER 14, 2008
LETTER FROM SEN. LANZA ON THE VSF LEGISLATION |
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VSF Legislation Chairman Joe Balzano recently
received a letter from State Senator Andrew Lanza extolling the
need to correct the total injustice to those eligible retirees who were
denied the VSF. The highlights and italics are mine - Tony
"New York City is home to the greatest Police Department in
the world. As the proud son of a retired NYC Police Officer, I
appreciate the commitment and sacrifices that these men and women make to
our community on a daily basis. This commitment prompts me to share the
story of another family with a history rooted in the NYPD: Joseph
Balzano was born into a family where police service was a tradition.
He is the son of a NYC police officer who died in the line of duty, and
his son, Joseph, Jr., is a retired NYC police officer. As a family,
they combine 66 years of law enforcement within the City of New York.
Mr. Balzano was one of the most highly decorated police officers with the
NYC Housing Police Department, yet he does not receive the $12,000
Variable Supplement Fund Benefit that his son receives. Mr.
Balzano falls into a special class of retired Transit and Housing police
officers that is not afforded the same Variable Supplement Fun Benefit as
their peers in the NYC Police Department. I have pushed legislation
in the Senate which would eliminate this injustice; however, the NY
City Council has refused to vote a home rule message.
A brief history of the NYC Police Department shows that
until 1995, there were three law enforcement departments in the City of
New York. (1) the NYPD, (2) the NYC Housing Officers and (3) the NYC
Transit Officers. During the 1960s, the City adopted a policy that
established "parity" amongst the three departments of the day.
Mayor Robert Wagner was aware that all three Police Departments were
performing the same duties albeit under different umbrellas; essentially,
they were enforcing law and order and making New York City a safer place
to live. Over the years and throughout different administrations,
compromises were made on behalf of each police union to maintain parity
and keep all members on an equal footing. For example, one master
list was established where police officers were assigned to one of the
three departments based on the needs of the time. During times of
fiscal crisis, police officers were laid off within all three police
departments. Regardless of the situation, the policy decision to
maintain parity across the departments remained in place.
Recently, Mr. Balzano, the Legislative Chairman for
the NYC Retired Housing and Transit Police Officers shared with me the
following story as an example of some of the legislative battles his union
members endured over the years in negotiations with the state and city:
"During a legislative session in the late 1960s, the NYC PBA President
John Cassese, the Transit PBA and the Housing PBA introduced separate
Heart Bills in Albany, and the only Heart Bill that was passed in both
houses and was on Gov. Rockefeller's desk was the Housing Police Officers
bill. So, I was called in to meet with Lt. Governor Malcolm Wilson
and he told me that the Governor could not sign our bill at that time
because there were some parity issues that needed to be hammered out.
He also told me that all three bills would be signed during the next
legislative session. True to this word, during the next session,
parity was accomplished and all three NYC Police Departments had their
Heart Bills.
I share this story with you because these men and women
who worked as officers between 1968 and 1987 labored within a system that
was based on parity and equity between all three unions. The in
1987, the Variable Supplement Fund Benefit (VSFB) was established by the
State Legislature and signed into law for the Housing and Transit
Officers. (Previously, only the NYPD received the VSFB) The VSFB
promises a $12000 annualized benefit for all officers that have completed
20 years of normal service. At that time, shortly before the stock
market crash of 1987, the VSFB needed some time to grow because the
benefit could not be realized until it reached its threshold amount.
This time of growth was realized relatively quickly with the rapidly
expanding stock market of the 1990s.
In 1995, Mayor Guiliani merged the three
departments into one NYPD, and through a Memorandum of Understanding
(MOU), the Housing and Transit Departments were guaranteed their VSFB
going forward. Mayor Guiliani definitely held the right intent to
retroactively apply the VSFB to those members whose careers dated between
1968 and 1987, but because the MOU does not vary the same weight as
legislation, the intent was never realized and there is a pocket group of
retired officers that have been denied their VSFB. It pains me to
say that these member's numbers are diminishing at a rapid rate. As
recently as 2003, the estimated number of retirees in this group that were
denied the VSFB was around 1200...today that number is approximately 900.
Within the last few weeks, Mr. Martin McKeon (one of the leading
advocates for this legislation and former President of the Retired Transit
Police Officers Association) passed away at the age of 66.
Unfortunately, Mr. McKeon will never realize the benefit that is
rightfully his because of his service to the community. All police
officers and firefighters in NYC today receives this benefit if they meet
the requirements. The inequity that has occurred to the approximate
900 members left in this group is one that must not be overlooked.
One of the great and rewarding responsibilities of the
legislature is to right wrongs where they exist. As Chairman of
the Senate Civil Service and Pensions Committee I am addressing this
inequity because I believe we must honor those that have served before us
and deserve the fair and equitable benefits that we are afforded today.
We must not let an unfilled loophole continue to exploit the inequity that
exists within this shrinking class of officers. Almost all of the law
enforcement unions around the City and state have voiced support for the
NYC Housing and Transit Officers and it is time we do something to remedy
this problem.
I would like to urge Gov. Patterson, Speaker Silver,
Mayor Bloomberg and City Council President Quinn to work with me to
correct the injustice these retired officers face. Let's put them on
an equal footing. Equity, Fairness and Parity demands it. |
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September 12, 2008
LETTER FROM NYC COUNCIL SPEAKER CHRISTINE QUINN |
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Both Pres. Ed Russo and Ret. Sgt. John Kaim
wrote letters to NYC Council Speaker Christine Quinn requesting
her support for the Home Rule Message needed for action on the VSF
legislation. Here is her response which is the same for both
senders:
September 10, 2008
John Kaim
Dear Mr. Kaim,
Recently you wrote to me in support of extending the benefits of the
variable supplements fund (VSF) for housing and transit police members of
the New York City Employees' Retirement System (NYCERS).
First, on behalf of the entire New York City Council, I want to thank
you for your many years of service to the people of New York City. One
needs
only to look out across this great city of ours,
the richest, safest and most dynamic in the world, to appreciate all that
you have done, and we are deeply grateful for your service.
You may recall, in May, Jonathan Schwartz admitted to acting irresponsibly
in his professional duties as an actuarial consultant to the State
Legislature. As a result, Assembly Speaker Silver, together with the
appropriate committee chairs, determined that new fiscal notes were needed
for a number of proposals currently before the Assembly, including the new
VSF bill for housing and transit police.
I realize how important this extension is to you and your members. As
soon as the State determines the exact cost of this bill, the Council and
I will have a better understanding of what our next course of action
should be.
Thank you again for all your hard work, dedication and sacrifice. If
you would like to receive additional news and updates from the Council,
please visit us online at www.council.nyc.gov.
Just click on the "Sign-Up for E-mail Updates" link at the top of our
website and select the issues that most interest you and your community.
Sincerely,
Christine C. Quinn
Speaker
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July 27, 2008
LATEST UPDATE ON THE VSF LEGISLATION ISSUE |
We wish to thank 1st Vice President John Regan for
the following update:
On July16,2008, the Variable Supplement Fund
Association ,Inc. held a strategy meeting chaired by Joseph
Balzano at the Hunter Stake House in Brooklyn, N.Y.
In attendance were President Ed Russo and myself from the
New York City Retired Transit Police Officers Association, Sal Manna
and Thomas McLaughlin of the NYC Housing Police Retirees, and Carmine
Manzolillo of the NYC Housing Police 10-13 Club.
Of primary concern was the status of our efforts
before the City Council to provide support for the Home Rule Message
SLR 88 before the State and Federal Legislative Committee chaired by
Councilperson Maria Baez. In addition, I would like to point out City
Counsel Speaker Christine Quinn did not even respond to repeated
requests for comments and support. I hope we all remember this if she
places herself in a position to run for Mayor of the City of New York.
This has been the dark side of our efforts.
Do we have a bright side? YES! We have also
enlisted the help of our State Senate and Assembly Representatives. We
have been fortunate to have State Senator Andrew J. Lanza,
representing Staten Island’s 24th Senate District, introduce
Senate Bill 3274-A.
In the State Assembly, Joseph Lentol,
District 50, Kings County, introduced Assembly Bill A05055,
extending the Variable Supplement Fund benefits to include NYC City
Housing and Transit Police Officers who retired from service, as defined
by the NYC Administrative Code. In addition, this bill is co-sponsored
by Herman D. Farrell Jr. District 71, Manhattan, and Councilman Lou
Tobacco 67th District, representing the Tottenville
section of Staten Island. Please send a note to these
Representatives and State Senators for their support and efforts. In
addition, when the State Senate and Assembly reconvenes in September,
there is still time for your local representative to sign on in support
of this effort. A personal visit to their District Office is an
excellent opportunity to explain the legislative issue and encourage
their support.
Prior to the closing of our Brooklyn meeting,
Joseph Balzano was successful in contacting Senator Lanza and arranging
a meeting for July 21st at his Staten Island office.
Senator Lanza is Chairman of the Senate Civil Service and Pension
Committee, having an intimate knowledge of the issues we are
addressing. This includes the justification, cost and legality. His
closing comment at the meeting was: “They deserve equal treatment
and I will support the bills."
If you need additional information concerning the VSF to present to
your local Senator or Assembly Representative, the article in the
January 13, 2008 issue of The Chief, provides an excellent
wealth of information and insight. The Senate and Assembly Bills that I
have presented in this article are available on the N.Y.S. State Senate
and Assembly sites via a Web Search.
Fraternally,
John Regan
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June 15, 2008
UPDATE
REPORT ON THE V.S.F. LEGISLATION ISSUE |
The Association recently received information from VSF
Legislation Chairman Joe Balzano of an article written in the June
13th edition of "The Chief"
by reporter
Mia Goldberg.The following are excerpts from
that article:
Pre-'88 Cops Shut Out: Housing, Transit Retirees
Press for VSF Coverage
By MIA GOLDBERG
A group of retired Housing and Transit Police officers who say they've
been wrongfully denied additional pension benefits are pressing the City
Council to
approve a bill that would grant them the funds - but fear that
time is running out for the measure to be acted on this year.
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ANDREW LANZA: 'They deserve equal
treatment.' |
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The Variable Supplements Fund (VSF)
was created in 1970 after the city agreed to give uniformed members of the
Police
and Fire departments a pension supplement retroactive to October
1968 in return for the right to invest their pension funds
in the stock
market.
To circumvent state laws forbidding
any reduction in pension funds, (and because the city did not want to
commit to paying the
benefits indefinitely), the funds were defined as
"non-pension'' - with payments directly tied to stock-market profits
exceeding a
set level.
Now Pays $12,000 Annually
The city and the affected unions later
agreed beginning in 1988 to change the VSFs into "Defined Benefit" plans
which
have grown to provide eligible retirees an extra benefit of $12,000
a year.
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JOSEPH L. BALZANO: A sense of
urgency. |
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Union representatives of both the
Transit and Housing officers, who at the time the VSFs were implemented
were not included because they were not members of the Police Pension
Fund, later got the city to extend
the VSF benefits to their members who
had retired after June 30, 1987. Prior to the merger of the Transit and
Housing Police Departments into the NYPD in 1995, officers from those
forces belonged to the New York City Employees' Retirement System.
Transit and Housing cops who retired
between Oct. 1, 1968 and June 30, 1987 were excluded from the VSF,
however, and have waged a thus-far futile campaign to be made eligible.
"All we want is parity," said Joseph
L. Balzano, the legislative director for the Retired New York City Housing
and Transit Officers.
A Housing Police Officer from 1954 until his
retirement in 1977, Mr. Balzano and his colleagues continue to lobby state
and city lawmakers
for coverage.
Former State Sen. John J. Marchi
sponsored such a bill in 2003 and again in 2005, but neither was approved
by the City Council, which must approve a home-rule message before Albany
can act on matters concerning city workers and retirees.
His successor in Staten Island's 24th
District, Andrew J. Lanza, re-introduced the bill in March 2007. "These
officers who worked in transit and housing should be treated no
differently than [those receiving benefits]," said Senator Lanza in a June
4 phone interview. "They stand by us every day, keeping us safe, and it's
just as important that we support them and stand by them in return. We're
hoping the City Council steps up and delivers a home rule that allows us
to eliminate the unfair way these officers are being treated by the
system."
Press Quinn to Act
He wrote to Council Speaker Christine
C. Quinn urging her to approve a home-rule message last year.
Ms. Quinn, responding to a letter from
another retired officer in November 2007, wrote, "We expect to reach a
final decision in the spring when we have a clearer,
more complete picture
of the city's outlook for the coming fiscal year."
In February, Senator Lanza again asked
Speaker Quinn to act on the bill before the legislative session ends June
23.
The cost of the bill has caused
another problem. Because of recent conflict-of-interest issues regarding
notes written for the Legislature by an actuary who had
been employed by
numerous unions, all notes that involve pension benefits are being
re-evaluated by the state.
Senator Lanza's communications
coordinator said June 3 that he is looking for a way to speed up that
process with regard to the VSF bill. Fiscal notes for the
bill have ranged
from approximately $15 annually in 2004 to $12 million in 2007 and $10
million in 2008.
A Dwindling Group
Mr. Balzano said, "They're trying to
figure out the cost, but it's diminishing as we're dying." According to
figures from NYCERS, as of January 2004 the bill
would have applied to
1,107 officers. As of May 19, the number had dropped to 940. "We're losing
about 40 people a year," said Mr. Balzano bitterly.
"That's a lot of
savings for [the city]."
A spokeswoman for Ms. Quinn in
mid-spring stated, "The home rule message will be considered and evaluated
by staff during the review process.
We are at the beginning stages of the
review process of home rule messages, and as the review continues we will
know more about what will happen in the spring."
As this newspaper went to press June
9, there has been no further reply from Ms. Quinn's office.
"If this bill does not reach the
Governor's desk this year we will reintroduce the legislation next year
... it is and will continue to be a priority for us,"
said Mr. Lanza's
spokeswoman."
But for Mr. Balzano and others, next year is not soon
enough. "I'm 78 years old," he said. "I can't keep doing this forever."
Relative to the above article, we can only repeat
Joe's advice to write and/or call your City Council representatives as he
states here:
Contact the below listed City Council members and
request the passage of the Home Rule Message SLR#88 needed for
Senate Bill 3274 introduced by
Sen. Lanza and Assembly Bill 5055 introduced by Assemblymen
Joseph Lentol and Herman D. Farrell.
Christine Quinn, Speaker of the City Council and
the key person to approve the Home Rule Message at 212-788-6979
Council Member Maria Baez, Chairperson of the State and Federal
Legislative Committee at 212-788-7074
Jake Herring, City Council Finance Division at 212-788-7271
Joseph Addabbo, Council Member and State and Federal Legislative
Committee at 212-788-7069
Remember - the NY Legislature clock stops on June 20th
so start calling and let Joe know what results you have received by
contacting him at
jb711@optonline.net |
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April 30, 2008
UPDATE
ON HR 218 |
Thanks to Bill Sorrentino for
getting this update on HR 218:
New
York State DCJS reply
"Subject:
RE: Statewide Certification
After significant
consideration, it has been decided that the New York State Division of
Criminal Justice Services (DCJS) will not provide training or issue
training certification for retired LEO pursuant to the Law Enforcement
Officers Safety Act of 2004 (HR 218). Accordingly, there is no
provision for individual peace officer, police officer, security
guard, or armored car guard firearms instructors or training
facilities to provide this training in New York State.
Retired LEOs have the option of receiving the training from the agency
they retired from pursuant to 18 USC 926C (d) (1).
In essence your statement is
correct, retirees are restricted to certification by the
department they retired from.
Thank you for your inquiry."
The above was the response I received
from the New York State Division of Criminal Justice services (DCJS).
It is now incumbent on all PBA's and retiree organizations in the
State of New York to get together and lobby Albany for a change in
statewide firearms qualification standards for active law enforcement
officers. Until that happens, or the NYPD starts annually qualifying
retirees, New York retirees will be left out in the cold.
Bill Sorrentino, 70-90
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March 24, 2008
A VSF
UPDATE FROM 1st VP JOHN REGAN |
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1st VP and Legislative Chairman John Regan has an
important update of information on the VSF. At the
general membership meeting of the NYC Transit Police Association on March
11, 2008, at the VFW Hall during a discussion on the progress of the
VSF
effort, the question was asked how many members of the NYC Housing and
Transit Police would be entitled to this benefit were the legislation
passed
by the New York State Senate and Assembly and signed by the
Governor. Unfortunately I did not have that exact figure available
that night and would post it
on the Association Web-Site.
Just a little background - since establishing this
effort in 2004, the VSF Committee has requested a statement from the New
York City Employees Retirement
System, NYCERS, as to the total number of
members who would be entitled to the VSF from each department. In April of
2004, John J. Murphy, Executive
Director for NYCERS, quoted that number at
1107.
On August 28th 2007, Sherif Soleman responded to our
inquiry stating that the count of retirees, (currently alive), not
receiving the VSF was 970. This is a
decrease of 137 members that would be
entitled to this benefit. The importance of this issue is the decreased
cost to the NYCERS and the City Of New York.
This is a factor that the VSF
Committee presents to the City Council at every meeting.
One other additional point - we have a new Home Rule
Message Number SLR# 88. Please refer to this number in your
correspondence to
City Council Speaker Christine C. Quinn and Federal
Legislation Chairperson Maria Baez.
Regards,
John Regan |
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March 24, 2008
A THANK YOU TO NYC PBA FOR THEIR SUPPORT
OF THE VSF LEGISLATION |
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Joe Balzano, Chairman of the VSF Legislation Committee
recently received the following Memorandum of Support from the NYC
PBA:
PATROLMEN’S BENEVOLENT ASSOCIATION
OF THE CITY OF NEW YORK,
INCORPORATED
40 Fulton Street • New York, NY
10038-1850
Telephone: (212) 233-5531
MEMORANDUM IN
SUPPORT
Senator Lanza S3274
Assemblyman Lentol A5055
An ACT
to amend the administrative code of the City of New York, in relation to
extending the
benefits of the variable supplements fund for housing police
and transit police members of the
New York City employees’ retirement
system.
On behalf of the New York City Patrolmen’s Benevolent Association, I write
to support
Assembly bill A 5055 and Senate bill S 3274, and urge its
passage in both houses of the Legislature.
Former members of the NYC Housing and Transit Police who
retired for service after June 30, 1987 presently receive a supplemental
benefit from the Variable Supplements Fund (hereinafter referred to as the
“VSF”). The VSF was enacted into law as a result of a fact-finder’s
award
in 1970 and was granted to members of the NYC Police and Fire pension
funds who retired for service after October 1, 1968.
In the mid-1960s
members of the Housing and Transit Police were granted and given pay and
retirement benefit parity. However, the VSF
was not bestowed upon
similarly situated members of those two departments until legislation was
enacted effective after June 30, 1987.
As a matter of equity and
fairness, the VSF should be granted to all members of the Housing and
Transit police who retired subsequent to
October 1, 1968.
Since this bill will extend the benefits of the variable supplements fund
to all New York City housing police and transit police,
we urge that it be
enacted into law.
N.Y.C. Patrolmen’s Benevolent Association
The NYC Retired Transit Police Officers
Association would like to take this opportunity to thank the NYC
Patrolmen's Benevolent Association for this
Memorandum of Support for the
legislation needed to correct the injustice shown to the Transit and
Housing Police retirees who did not receive the VSF benefit. |
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February 22, 2008
SAMPLE LETTER TO NY CITY COUNCIL |
2nd VP Marty McKeon is urging all members to
write the NY City Council urging their support for the Home Rule
Message that is needed before
Albany can support our VSF legislation.
The sample letter below should be used only as a guide. Please do
not copy it word for word, but rather write
it so each letter received
will be individual. Date ______________
Hon. (your Council person's
name)
New York City Council
250 Broadway
New York, NY 10007
Re: SLR #46
Dear Honorable _______________
I am writing to request your support and favorable vote for the Home Rule
Message, SLR #88, that is before the City Council.
New York City and New York State retired and active line organizations are
supporting our legislation, but your help is needed to correct the gross
injustice
that has denied the Variable Supplement Fund benefit to those
who retired after 20 years of service between October 1, 1968 and June 30,
1987.
The parity that has been in place between the New York City
Police Department and the NYC Transit Police and NYC Housing Police
Departments since the
start of the latter two was violated when the
Transit and Housing Police retirees were denied the VSF.
It should be noted that the cost factor for this benefit
has been financially reduced due to the ever increasing number of eligible
retirees who are passing away
each month. As the remaining retirees
get older, they are dying off at an average of 40 members a year.
Unfortunately, their families will never enjoy this benefit
they and other
members justly deserve.
The Home Rule Message is necessary to
resolve a grave injustice that is being perpetrated on the retired Transit
and Housing Police members.
These fine and noble men and woman who
honorably served the City were
overlooked and abandoned by the City they served so faithfully. The VSF
benefit will
lessen some of the financial hardships we currently
encounter.
I request you vote in favor of SLR #46 and please provide affirmation of
your vote to me in a letter.
Sincerely,
(enter your name and address here) |
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February 5, 2008
URGENT CALL FOR ACTION ON THE VSF LEGISLATION |
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We received the following urgent message from VSF
Legislative Chairman Joe Balzano:
Hi,
Please call and e-mail your request of
support for the Home Rule Message SLR #88 for our Legislative
Bills,
Senate Bill # S3274(Lanza) and Assembly Bill #A5055 (Lentol).
You must contact:
Speaker Christine Quinn - District
Office Phone# 212-564-7757 Legislative Office Phone 212-788-7210
Fax 212-788-7207
Committee members:
Joseph P. Addabbo, Jr.
212-788-7069
Erik Martin Dilan
City Hall 212-788-7284
Lewis A. Fidler
City Hall 212-788-7286
Michael McMahon
City Hall 212-788-6972
Hiram Monserrate
City Hall 212-788-6842
Joel Rivera, Majority Leader City
Hall 212-788-6966
Speaker Quinn is a must to contact as
she controls the Council. As for Maria Baez, our Bill is in
her Committee.
Also contact the other members. They are in the State and Legislative
Committee. We need your help;
PLEASE HELP US. To send this information by e-mail,
send it to the person using their last name. For example:
monserrate@council.nyc.ny.us
Please let me know who you contacted and have your members do the same.
This may be our last opportunity to get the
Home Rule Message needed for further action in Albany.
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January
25, 2007
UPDATE ON LINE
OF DUTY INJURY CASES |
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Thanks to
Rob
Palestra (class of '86) for posting this link to the Office of
Payroll Administration on the FOP Yahoo website. The site
explains the issues as explained in the posting of November 18, 2006
below.
http://www.nyc.gov/html/opa/html/lodi_refund/lodi_claim.shtml |
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January
17, 2007
UPDATE ON HR 218
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Thanks to Sgt-at-Arms Vinny DiMaio
for the following report on HR 218 - the
Law Enforcement Officers Safety Act.
"On October 27, 2006, I attended the Rockland County
Police and Public Academy Outdoor Pistol Range in Pomona, NY. I
fired the HR 218 course and qualified. The fee is $50.00 for one gun
with an additional $40.00 for a second gun (e.g. semi-auto and revolver.)
Retired police officers from all over the State have taken advantage of
this course so much, that Rockland County is now building a new
state-of-the-art facility.
The course has ended for 2006, and anyone interested in
taking the next course in March of 2007 should call to make reservations
starting in February. The number is (845) 364-8700.
This qualification allows you to carry your handgun
throughout the 50 states. You must have a valid NY State Carry
Pistol Permit to take this course. The certification is valid for
one year only. Hopefully, in the future, there will be other police
agencies offering this course locally."
If you would like more information, please call Vinny
at (516) 285-5703. |
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SEPTEMBER 25, 2006
IMPORTANT NEWS ITEM FROM ALAN BERKOWITZ
REGARDING
LINE OF DUTY INJURIES |
We wish to thank Alan Berkowitz for
sending the following information to the Retirees
Association.
Please read the important information at the end of this
article.
LoDI (Line of Duty Injuries) Refund Claim
The City has reached a settlement with the Internal Revenue
Service (IRS) involving FICA (i.e. Social Security & Medicare)
tax refunds to both the City and eligible uniformed members
of the City’s Correction, Fire, Police and Sanitation
Departments. The years covered by this settlement are
1989 through 2005. Eligible uniformed members of these
departments who were on authorized Line of Duty Injury (LoDI)
leave at some point during the years 1989 through 2005 will
likely be eligible for a refund of the FICA taxes paid on LoDI
payments received for a period of six months or less.
Correction, Fire and Police Department members are eligible
from 1989 while Department of Sanitation members are eligible
from 1992.
Please note that LoDI payments received for a period of
greater than six months have previously been deemed to be
exempt under a separate statutory provision and thus are not
part of this refund.
In order to collect a refund in connection
with this settlement, eligible uniformed members must submit a
signed consent form to the City allowing the City to collect
the refund on the employees’ behalf. Once the IRS refunds the
monies to the City, the City will then remit the money to the
employee. In the absence of a signed consent form from an
employee, that employee will not be able to participate in
this settlement. Moreover, that employee may be forever barred
from collecting a refund of these amounts since his/her time
for filing an individual refund claim will likely have
expired.
Learn more from the LoDI FAQs
Deadlines
The Office of Payroll Administration (OPA) is in the process
of gathering the data it needs to reach out to every affected
employee. OPA anticipates that letters explaining the refund
process and the years for which that employee may be entitled
to a FICA refund will be mailed out to each employee by the
end of the year. Enclosed with this letter will be the consent
form employees will be required to sign and return to the City
in order to collect their refund. This consent form must be
returned within sixty (60) days from the date of the letter or
that individual will be precluded from obtaining a refund. The
deadline date will be printed in the letter. Thus time will be
of the essence. We urge all employees who believe that they
may be eligible for a refund and whose address has changed to
update their address.
How to change your address
OPA has obtained mailing addresses from the City’s Payroll
Management System as well as other sources. If you believe
that your address must be changed complete the Change of
Employee Address for LoDI FICA Refund Claim form. The form is
to be sent to:
The City of New York Office of Payroll
Administration
FICA Refund Claim Unit
One Centre Street Room 200N
New York, NY 10007
It can be faxed to 212 669-3377.
Please note: Completing this form will not
change the City’s Payroll Management System address. Should
you choose to change the City's Payroll Management System
address, you must contact your City agency’s personnel
division to change your address.
Form Change of Employee Address for LoDI FICA Refund Claim
Contact Information
For inquiries regarding the FICA Refund Claim you can use any
of the following options.
By mail:
The City of New York Office of Payroll Administration
FICA Refund Claim Unit
One Centre Street Room 200N
New York, NY 10007
Online:
LoDI Refund Inquiry
Fax: (212) 669-3377
Telephone: (212) 669-2333
Use the fax number or the mailing address above to send us
your Change of Employee Address for the LoDI FICA Refund
Claim.
VERY IMPORTANT
- The following relates to
Transit and Housing Police Officers
who sustained LOD injuries:
"I received LoDI pay when I was a
member of the Housing Authority Police force or Transit
Authority Police force, prior to them being made part of the
NYPD. Am I eligible for a refund of the FICA taxes paid on
these LoDI payments?"
Yes, however, this refund is not part of the settlement.
Both the Housing Authority and the Transit Authority, at the
City's suggestion, filed claims seeking refunds of the FICA
taxes paid on LoDI payments received for a period of six
months or less. Unfortunately, prior to 1995 these police
forces were not part of the City of New York and thus these
payments could not be included in the City's refund claims or
in the litigation that occurred. Consequently, they are not
included in this settlement with the IRS. The City, however,
is working closely with the Housing and Transit Police forces
and the IRS to pursue these refunds on behalf of these members
and expect to be sending out information in the first half
of 2007 with details on how former members of the Housing
and Transit Authorities will be able to collect these refunds.
We will update this website with additional
details as they become available. |
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SEPTEMBER 20, 2006
UPDATE ON HR 218 |
From Association member and President of the
Broward County 10-13 Club, Alan Berkowitz, we received the
following information for Retirees living in Florida:
"Tony and Louie (Hollander):
Please be advised that the Broward 10-13 Club with the help of
Firearms Instructor Chuck Kline, last week started
qualifying retirees with regards to H.R. #218. Also be
advised that you do not have to be a member of
the Broward Club to get qualified. Enclosed in this E-mail is Mr.
Kline's telephone information. If any Transit retiree wants to
contact Mr. Kline directly, please tell him that the Broward 10-13
Club gave out the information. Please forward this information to
all Police Retirees living in Florida. Thank you,
Alan
Berkowitz
President
Broward
10-13
Chuck Kline
181 Denmark Dr.
Ellenton, Fl.
34222
941-580-1247
To: NYPD 10-13
Clubs
Attn: Lodge
officers and membership
Re: H.R. 218
compliance / implementation / Shooting qualification
Aug. 17, 2006
As you
may be aware, HR 218 (Law Enforcement Officer's Safety Act of
2004) is a Federal law designed to address and overcome the
ambiguity in the State (s) laws regarding the
transporting/carrying of concealed weapons by certain qualified
active and retired law enforcement officers. HR 218 made the
procedure and requirements fairly simple and direct. HR 218
supersedes most State and local laws regarding
transporting/carrying concealed weapons. Basically, with few
exceptions to Federal, State or local prohibitions/requirements,
your active or retired official police credentials will legally
suffice and act to serve as a "nationwide" gun carry/transport
permit, exempting requirements to obtain State carry concealed
weapons (CWP) permits.
Exercising
the benefits of HR 218 eliminates the confusion over the many
various and often conflicting requirements of the States' CWP
laws and the possible risk of arrest for improperly and
unlawfully transporting/carrying a concealed weapon, especially
in other States. Wearing, transporting or carrying a weapon is
just second nature to LEOs (Law Enforcement Officers),
especially active LEOs at least when within their State of
employment. But what about when you are out of State and not on
official business? Obviously, as law enforcement officers you
must not violate the law, even inadvertently. To do so would
probably tarnish or even end your career. Worse yet, it may
result in your incarceration. Bummer !!
As vacation
time is in full swing, HR 218 will keep you from wondering "Can
I drive through State "X" while transporting or carry in State
"Y" without being in violation of their respective laws?".
Vacations (and careers) would be ruined by being in trouble with
the authorities of Florida or other States over unlawful
transport/carrying of a concealed weapon. These questions could
be answered and retirees and active LEOs would benefit from HR
218 if it were implemented properly and NOW !!!
However,
the States (for whatever reasons) could not seem to fully
understand correctly their roles (if any) in implementing HR 218
in their respective States. There was much meddling and "reading
in between the lines" by the States and agencies as to what may
have been expected of them (if anything) which soon muddied the
waters with confusion. Congress did not intend for (nor
authorize) the State or local governments to "read in between
the lines." Something nice and so relatively straight-
forward was hindered by interfering bureaucrats after years of
efforts by the National FOP, PBA, NAPO, NYPD, 10-13 Clubs and
others in seeking and eventually succeeding in getting
Congressional passage and President Bush's signature for HR 218.
The
implementation and compliance to HR 218 is a perfect example of
such un-necessary and un-warranted meddling by those who should
not have intervened in the first place. That is, something so
simple and beneficial to LEOs (active & retired) could become so
convoluted and so delayed in its implementation by State and
local authorities. All of whom wanting (without standing) to put
their twists on how the law should be read and
complied with (in their opinions). Though, basically
State and local government/agency opinions are irrelevant as HR
218 is a Federal law. HR 218 was created solely to do away
with the States and local authorities getting in the middle. No
State or agency could even seem to come to an agreement on a
commonly designed certificate of proficiency, or has made only a
rudimentary attempt to create one.
Fortunately, much of this un-necessary, self inflicted confusion
has recently been addressed and cleared up via opinions of the
Florida and US Attorneys General, agency and FDLE/CJSTC
suggested standards and procedures. As of July 1, 2006 Florida
now requires all active law enforcement officers (LEOs)
to qualify with handguns at least within every two (2) years
with a consistently uniform statewide course of fire. Though,
this is not expected to actually become initially implemented
until the summer of 2008.
The handgun
course of fire will consist of a total of 40 rounds of which 32
rounds in the silhouette B-21 E type target must score within or
on the lines the 4 or 5 score zones.(in or near 'Coke
bottle'/'bowling pin'). This is a timed quick draw and
fire and reload course. The maximum range from the target will
not exceed 15 yards. There will be no running, jumping, night
firing or exams.
IMPORTANT NOTICE : Failure to meet and achieve this
qualifying score may result in the police powers of "active"
officers being suspended by the CJSTC until the required
score is attained.
The CJSTC
currently takes the position that it lacks any procedural
authority over retirees. Thus, retirees are on their own to seek
any desired and due benefits under HR 218. But, don't worry a
bit as this is where I can and will help by administering the
qualification shooting course to retirees as well as active
LEO's.
HR 218
requires that retired LEO's who wish to transport/carry a
concealed weapon under the authority of HR 218 must
re-qualify at least within every 12 months (yearly)
in the "same exact course of fire (Florida's course
described above) as active officers in the State of residence of
the retiree."
As a
retired Sheriff's Deputy (Maryland) and current Florida CJSTC
certified Academy, driving and weapons range instructor, I am
familiar with just how slowly new laws and procedures can take
to be implemented, adhered to or even generally accepted. (The
teaching old dogs new tricks syndrome).
Therefore,
I have taken it upon myself to rise to the occasion to expedite
and aid wherever possible, the immediate compliance,
implementation and qualification of HR 218 to those interested
and to whom HR 218 applies and may benefit. Including, designed
and approved wallet sized Certificate of Proficiency card
for both active and retired LEOs to carry with their
official issued agency credentials (as required in HR 218).
Active LEOs will also be given copies of the required official
FDLE/CJSTC forms 86 and 86A certifying re-qualification for
their agency files and forwarding to CJSTC for their files.
I will
avail myself to come to your area to qualify both active and
retired LEOs to comply with the new CJSTC and HR 218 rules. I
will immediately issue the appropriate approved proficiency
documentation upon completion of the qualification firing course
at your range or whatever range we can complete this in within
your general area. No waiting time !
Since it is
assumed (if I may?) that current and active LEOs already
know how to shoot, there will be no training to speak of..
Simply, a short safety refresher, explanation of the course of
fire and a few forms. There currently is no classroom training,
written tests or the like. As such, you should be able to
complete the firing in less that an hour. Longer, if practice
rounds are fired before the certifying course of fire.
(Permitted and recommended) Remedial training will be provided
if needed such as in the event of failure to qualify. But,
unless you are almost legally blind, don't despair. I will see
to it that you do qualify. Even if we have stay on the
range all day !!
* NOTE:
Federal, State and local Corrections/ Parole & Probation
Officers who possess (or did possess, if now retired)
arrest powers regardless of how limited the
circumstances, geographical area or authorization policy to
arrest, or from what State retired, are also
eligible to benefit to transport/carry under HR 218.
Standard
Florida Concealed Weapon Permit (CWP) course also available to
those who desire or who may not otherwise qualify to carry under
HR 218.
***
Please make every effort to advise those to whom this may
apply or whoever may benefit from this offer, especially
retirees living in your area regardless of from where they
retired. We are all brothers and sisters, in arms. (So to speak
!)
For more
information, please feel free to call me at 941-580-1247
anytime.
Fraternally
yours,
Chuck Kline
Our thanks to Alan and Chuck Kline for
forwarding this information to us. - Tony |
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