World Trade Center Tragedy News

TO: PEF Offices
PEF Staff
PEF Members

DATE: October 19, 2001

SUBJ: Anthrax Threat Response Protocols

In the wake of the tragedy of the World Trade Center disaster, our members have been faced with new and concerning issues, most recently the threat of a bio-terrorist attack with anthrax. We have received a number of inquiries from our members regarding the recent reports of anthrax exposure in the New York area. Some of those reported attacks were hoaxes and some, as you know, were very real. As in any emergency situation, communication is the key to a measured calm response to the questions and concerns of our members. I have attached a list of protocols, resource links and some common questions and answers for you to use to address these concerns.

First and foremost, it is important for our members to know that anthrax is not easily spread and the disease is treatable with a variety of antibiotics. Anthrax organisms can cause skin (cutaneous), gastrointestinal or pulmonary (inhalation) infections. Inhalation anthrax is not spread from person to person, and cutaneous anthrax can only be transmitted from one person to another through direct contact with the drainage from an open sore. More information on the disease is contained in the attached documents.

People should follow the protocols for safe mail handling and exposure response procedures (attached). Should an exposure or suspected exposure occur, our members should immediately contact 911 or their local law enforcement authorities, their local FBI office and their local health department.

Members have raised questions regarding work assignments in the face of potential anthrax exposure. The Union’s response has been: Members faced with imminent threat to their health and safety have the right to refuse an assignment. Such members may be subsequently charged with insubordination and they will need to justify their actions to an arbitrator. PEF will provide professional representation in such cases.

Please be sure to share this important information with all of your members. We will forward any additional information as it becomes available. PEF’s Health & Safety specialists are available to assist you with any questions you may have.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices
PEF Staff
PEF Members

DATE: October 18, 2001

SUBJ: Anthrax Exposure

We have received several calls from our members today regarding potential anthrax exposure. As a result, we are distributing a memo produced by the Governor’s Office of Employee Relations (Adobe Acrobat Reader Required) regarding protocols on mail handling, and we are developing FAQs that will be available tomorrow.

Members have raised questions regarding work assignments in the face of potential anthrax exposure. The Union’s response has been: Members faced with imminent threat to their health and safety have the right to refuse an assignment. Such members may be subsequently charged with insubordination and they will need to justify their action to an arbitrator. PEF will provide professional representation in such cases.

Vacation Accrual by State Employees Involved in WTC Response Efforts

PEF and the State have signed a Memorandum Of Agreement (MOA) which will permit PS&T Unit members who are unable to exhaust vacation credits in excess of 40 days in circumstances related to the World Trade Center disaster to carry excess vacation credits through September 30, 2003. This MOA assures that members, who are unable to use vacation due to their participation in the WTC response effort, will not lose time while this work continues.

Generally, employees who are performing work directly related to the State’s response to the World Trade Center disaster, or are on approved leave as an emergency volunteer, or are activated for military duty and are prevented from using vacation credits in excess of 40 days as a result, will be eligible to carry such excess vacation beyond April 1, 2002.

Vacation credits in excess of 40 days on April 1, 2002 will be placed in a separate vacation category called Emergency Vacation. Vacation credits in excess of 40 days earned between April 1, 2002 and the last day of the pay period which includes October 1, 2002 will also be placed in the Emergency Vacation category. The Emergency Vacation category has a maximum cap of 50 days in addition to the 40-day limitation on regular vacation. All contractual rights regarding accrual and use of regular vacation also apply to Emergency Vacation.

Between April 1, 2002 and the last day of the pay period which includes October 1, 2002, all vacation credits charged will first be charged against the Emergency Vacation category. Beginning with the pay period following October 1, 2002, eligible employees will resume earning regular vacation and will have to meet the 40-day cap for regular vacation on April 1, 2003. To do this, eligible members will be allowed to charge regular vacation between October, 2002 and April 1, 2003 even if they have an Emergency Vacation balance. Emergency Vacation balances must be exhausted by September 30, 2003.

Anyone who has questions about this agreement should feel free to contact our Contract Administration Department at 1 (800) 342-4306 ext. 223 or 1 (518) 785-1900 ext. 223.

Condemnation of Racial Profiling and Religious Intolerance

WHEREAS, PEF exists to serve the interests of its members by engaging in economic, political, civil, legal, cultural, and educational and other such activities, on the local, national and international level; and
WHEREAS, PEF is constitutionally committed to exposing and fighting all forms of racism and discriminatory practices that tend to deprive persons of their human and/or civil rights; and
WHEREAS, the laws of the United States forbid discrimination on the basis of race, religion or national origin; and
WHEREAS, on Tuesday, September 11, 2001, callous individuals with no regard for the sanctity of human life launched terrorist attacks on our great nation; and
WHEREAS, many Arab-Americans and men and women of Islamic/Hindu faith were killed in the terrorist attacks; and
WHEREAS, many of Islamic/Hindu faith and Arab-Americans are participating in rescue and recovery efforts in New York and throughout the nation; and
WHEREAS, numerous deplorable attacks on people perceived to be of Middle Eastern origin or Islamic/Hindu faith have already occurred, resulting in psychological trauma, physical injury, and death; and
WHEREAS, although the towers of the World Trade Center which stood as a symbol of our nation’s prosperity have become a massive tombstone for innocent men and women, some of Islamic/Hindu faith and Arab descent, Lady Liberty still stands proud in New York Harbor as an unwavering light of hope and universal symbol of political and religious freedom and democracy for people of all nations and creed;
THEREFORE, BE IT RESOLVED, PEF, whose membership includes many of Arab descent and Islamic/Hindu faith, must shine a light of justice and equality during these dark hours of destruction to protect anyone who may be subject to acts of violence or discrimination; and
BE IT FURTHER RESOLVED, PEF implores our Government leaders to condemn all acts of discrimination, violence, or retaliation against all Americans, including Arab-Americans and those of Islamic/Hindu faith;
BE IT FURTHER RESOLVED, PEF denounces profiling, guilt by association, and vigilante justice;
BE IT FURTHER RESOLVED, PEF members shall work collectively to create a work and community environment free from retaliatory conduct and discrimination against all Americans, including those of Arab descent and Islamic/Hindu faith;
BE IT FURTHER RESOLVED, PEF shall stand with its membership and other labor and community organizations, regardless of race, gender, sexual orientation, creed, political preference or religious affiliation to promote the principles of equality and justice that have made this nation great.

Signed by the PEF Statewide Officers:

Roger E. Benson, President
Jane Hallum, Secretary-Treasurer
Patricia Baker, Vice President
Kenneth Brynien, Vice President
Joe Fox, Vice President
Arlea Igoe, Trustee
Robert Reynolds, Trustee
Olubiyi Sehindemi, Trustee

Workers’ Compensation Survivor Benefits related to the Attack on the World Trade Center
A Fact Sheet for PEF Members’ Families

Introduction
Workers’ compensation pays survivor benefits to families of workers who are killed on-the-job and establish a claim. State officials have verified that the families of employees who were killed on-the-job at the World Trade Center on September 11, 2001 are eligible for workers’ compensation benefits. Workers compensation also provides for up to $6,000 in funeral expenses. The families of deceased PEF members are also eligible for additional benefits in the collective bargaining agreement, Article 11, as well as benefits from the NYS Crime Victims Board, and the federal Social Security Administration that are explained elsewhere in this packet. Below are questions and answers regarding the workers’ compensation survivor benefits.

If a workers’ compensation claim is filed, do families give up their right to file a third party law suit?
No! This is a common misperception. You do not lose your right to file a third party lawsuit (a lawsuit against some party other than your employer) if you are awarded workers’ compensation benefits. In the event that you should win a third party lawsuit, the workers’ compensation insurance carrier would be reimbursed from the lawsuit award for any compensation they have already paid to you.

What steps should families take to establish a workers’ compensation death benefit claim for PEF members killed on September 11, 2001 at the WTC?

1. Claims should be filed with the assistance of a qualified workers’ compensation attorney. Families are advised DO NOT ATTEMPT TO FILE the C-62 Claim for Compensation in Death Case without the assistance of a qualified attorney.

2. PEF has an agreement with four reputable workers’ compensation law firms to handle uncontested death claims for families of PEF members at no charge. Usually, the Workers’ Compensation Law judge awards a percentage (approximately 10%) of the first couple of years benefits to the claimant’s legal counsel. However, in the WTC cases the firms listed below have agreed to waive all fees in uncontested cases. Be sure to tell the attorneys that you were referred by PEF.

Brecher, Fishman, Pasternack, Popish, Heller, Rubin, and Reiff

222 Broadway
New York, NY 10038
212-341-7900
Fax: 212-267-5087

Brooklyn Renaissance Plaza
335 Adams St
Brooklyn, NY 11201
Phone: 718-222-11201

1225 Franklin Ave.
Garden City, NY 11530
Phone: 516-742-3636
Fax: 516-742-3994
(Nassau County, Long Island)

1455 Veterans Memorial Highway
Hauppauge, NY 11788
Phone: 631-348-1668
(Suffolk County, Long Island)

1 North Broadway
White Plains, NY 10601
Phone: 914-328-8500
Fax: 914-328-8751
(Westchester)

350 St. Marks Place
Room 401
Staten Island, NY 10301
718-222-9800

Fine, Olin, & Anderman PC
222 Broadway
NY, NY 10038-2591
Phone: 212-267-1650
1-800-522-9001
(Manhattan, Bronx, White Plains, Jericho)

Neil Abramson
Reisman, Abramson& Magro. P.C.
225 Broadway, Suite 400
New York, NY 10007
Phone: 212-358-3300
Fax: 212-358-9119

Angiuli, Poznansky, Katkin & Gentile, LLP
60 Bay Street, 8th Floor
Staten Island, NY 10301
Phone: 718-816-0005
Fax: 718-727-5835
Akatkin@apkglaw.com

Death Certificates?
Normally, a death certificate is issued and is a key document in establishing a workers’ compensation death claim. However, due to the difficulty in identifying many of the people killed at the WTC, Governor Pataki has requested that the NYS Workers’ Compensation Board adopt a plan that would designate missing workers as "deceased" for the purpose of workers' compensation, regardless of whether a death certificate has been issued. This will relieve families from having to prove their missing loved one is actually deceased. It will also enable the Board to process claims and award benefits and will allow insurers to commence payments. Instead of being compelled to testify, families will be required to simply sign statements indicating that they are indeed dependents of a missing victim.

How much is the death benefit?
The maximum is $400 per week to be shared among spouses and children. Given the wage levels of PEF members we assume the families will all be eligible for the maximum, based on an average annual salary of $30,000 a year or greater. Children are eligible until they reach age 18 or 23 if they are enrolled in an accredited college or university. They will need a letter from their school certifying that they are enrolled and taking a minimum of 12 credits. Spouses are eligible until they remarry at which time they are entitled to a payoff of two years of benefits.

If there are no surviving dependent children, spouse, grandchildren, grandparents, brothers or sisters entitled to compensation, the surviving dependent parents or the estate of the deceased worker may be entitled to payment of a sum of $50,000.

What is the time limit for filing a death claim?
Two years from the date of death.

What funeral expenses are covered?
The workers’ compensation law provides for up to a maximum of $6,000 in funeral expenses. However, the NYS Crime Victims Board is providing emergency funds for funeral expenses, an additional $6,000 benefit or more. You may contact the Crime Victims Board at (718) 923-4325 or www.cvb.state.ny.us. A copy of the CVB claim form is attached and also available at the website: www.cvb.state.ny.us/PDFForms.html. Governor Pataki has waived the $6,000 cap on CVB funeral benefits and arranged for CVB to expedite these claims. CVB will be reimbursed by workers’ compensation for the initial $6,000 in funeral expenses. BE SURE TO KEEP ALL RECEIPTS AND OTHER DOCUMENTATION RELATING TO FUNERAL EXPENSES. These documents are essential to establishing claims.

Documentation
It is extremely important to keep a file of all documentation relating to your claim including a record of mileage or public transportation expenses, bills, and official records. In addition to these records being necessary for workers’ compensation claims other benefits may be available through the Crime Victims Board, the US Department of Justice, the PEF contract, and other sources.

State Insurance Fund (SIF)
The SIF is the administrator for workers’ compensation claims for New York State. SIF has set up a special Unit 55 to handle all state employee claims arising out of the World Trade Center disaster. The supervisor of this unit is Sylvester Eshun and may be reached at 631-756-4321 to check on the status of a claim. However, we strongly advise you to use one of the attorneys listed above who will represent you in uncontested claims without charge.

No Business as Usual
The Chairman of the Workers’ Compensation Board has told the insurance carriers that claims stemming from the WTC bombing should not be handled as “business as usual”, claims are to paid “without prejudice” for up to 52 weeks while insurance companies investigate issues such as formal proof. Therefore, these claims should be expedited and any outstanding issues resolved later.

For additional assistance call the PEF Health & Safety Department at (800)342-4306 x254.

Worker’s Compensation Benefits Related to the Attack on the World Trade Center for NYS PEF Members

Introduction
Workers’ compensation pays medical expenses, lost wages, and other benefits for workers who are injured on-the-job and establish a claim. State officials have verified that employees who were injured on-the-job at the World Trade Center on September 11, 2001 are eligible for workers’ compensation benefits. The New York State Insurance Fund administers Workers’ Compensation benefits for New York State Government agencies. Injured PEF members are also eligible for additional benefits in the collective bargaining agreement. Below are questions and answers regarding these benefits.

If a workers’ compensation claim is filed, do injured members give up their right to file a third party law suit?
No. You do not lose your right to file a third party lawsuit if you are awarded workers’ compensation benefits. In the event that you should win a third party lawsuit, the workers’ compensation insurance carrier would be reimbursed from the lawsuit award for any compensation they have already paid to you.

What steps should be taken to establish a workers’ compensation claim for PEF members injured on September 11, 2001 at the WTC?
1. Call the Accident Reporting System as soon as possible at 1-888-800-0029. This is a toll free number, 24 hours a day, every day. If the members cannot call for themselves, a supervisor, co-worker, or family member can call for them. Be sure to record the ARS case number.

2. Your agency personnel office will initiate a C- 2, Employer’s Report of Work-Related Accident. The report goes to the State Insurance Fund (SIF) and the Workers’ Compensation Board (WCB). Once a claim is established the injured member will receive a notice from the SIF, including the SIF case number. The SIF case manager will be a primary point of contact on the status of claims, using the SIF case number or an employee’s social security number to access records.

3. Injured employees should also follow agency procedures for filling out accident report forms. Make sure to document all injuries in appropriate detail. Include the names of witnesses.

4. It is very important to create a file and keep all of the documents relating to a workers’ compensation claim in a safe place.

5. Keep the PEF Health & Safety Department informed about the status of injured PEF members. The Health & Safety Department can provide resources, information, and referrals.

What are the medical benefits?
Workers’ compensation pays for all medical benefits. However, it is important to ensure that the healthcare provider is “Board Approved”. Emergency procedures do not require pre-approval. However, non-emergency procedures that cost more than $500 require pre-approval of the SIF. It is extremely important that your doctor send in a C-4 Attending Doctor’s Report (attached) to the State Insurance Fund. A regular medical bill can also be sent in.

What are the waiting periods for workers’ compensation?
There is a seven-day waiting period prior to eligibility for compensation for lost wages. In those cases employees begin receiving compensation on the eighth day. In cases where a worker is disabled from work for fourteen days, the receive compensation from the first day of disability.

Can PEF members use accruals during the waiting period?
Yes. Article 13 of the contract allows PEF members to use accrued leave credits during the first week of absence or going on leave without pay. If it is subsequently determined that no waiting period was required, accruals will be restored on a proportional basis to the value of the workers’ compensation award.

What about stress claims?
Stress claims that arise out of conditions at work may be compensable. Members should use “Board Approved” psychiatrists and psychologists. injured members should bring a C-4 form with them, because often psychiatrists and psychologists are not usually involved in workers’ compensation claims. Counseling services of social workers will not be accepted unless they are pre-approved by SIF.

What is an employee’s attendance status during the workers’ compensation leave?
PEF members are placed on leave without pay.

Is there a supplement?
The collective bargaining agreement provides that PEF members who are 50% or more disabled are entitled to a supplement in addition to the statutory Workers’ Compensation Law benefit, for a maximum period of nine months. The supplement will bring the total compensation to 60% of an employee’s gross wages.

What about partial days of absence?
PEF members may charge leave accruals for partial days of absence associated with a workers’ compensation claim such as a medical appointment, physical therapy, or hearing.

For additional assistance call the PEF Health & Safety Department at (800)342-4306 x254.

Memo

TO: PEF Offices
PEF Members
PEF Staff

DATE: October 3, 2001

SUBJ: World Trade Center Update

In the three weeks since the terrible attack on New York City and the Pentagon, and the loss of lives in Pennsylvania, PEF has made this issue our top priority. As discussed in past memos, we relocated the New York City PEF Office and we organized our staff so that they would remain operational. There have also been a number of other important initiatives which I want to deal with separately in the paragraphs below:

1. Fortunately, the number of missing Tax & Finance PEF members has dropped 2 to 31 since our last memo; the number at DOT has remained at 3. We have been in mail communication with every single family, in telephone communication with 26 and have personally met with over a dozen. We are assigning PEF staff to work with every family of missing PEF members to assure that they get the best and most timely information regarding both PEF and State benefits. Additionally, we have made available to each of the 34 families a $5,000 check to cover their immediate financial needs. These funds were provided by our International unions, AFT and SEIU. As of today, 16 checks have been delivered and we expect another 10 to be delivered in the very near future. The response of the families to PEF’s financial assistance has been heartwarming.

2. PEF will also be distributing by the end of this week extensive information to the families of the missing, the survivors of the disaster and those injured in the attack. This written information will provide details regarding Workers’ Compensation, PEF ATAC insurance, PEF Accidental Death and Dismemberment (AD&D) coverage and counseling services.

3. The PEF WTC Relief Fund has received numerous and generous gifts, including a $5,000 check from PEF Division 205 (DOH Central Office). The current balance of the PEF WTC Fund is nearly $40,000, and we hope that every Division and Region will make a generous contribution. The Executive Board will approve the guidelines for the distribution of these funds.

4. Governor George Pataki met with the Tax & Finance survivors at Hansen Place in Brooklyn last Friday morning where he acknowledged their trauma and expressed his appreciation for their good work.

5. The PEF WTC Committee is currently coordinating a series of memorials around the State and at the PEF Convention. They will also make recommendations regarding Civil Service assignments, including transfers, changes in health and safety initiatives, as well as a coordinated program regarding building evacuation.

6. Attached is a comprehensive packet on Workers’ Compensation for both the families of the missing and the surviving members. In this packet is information regarding Workers’ Compensation legal services available from law firms that are volunteering their services to PEF members.

As we prepare for the PEF Convention, where the World Trade Center tragedy will be further discussed, I urge every PEF member to contribute generously to our relief fund and to offer support to all those families of the missing and survivors. The horrific stories that are being told regarding the collapse of the buildings and the escape by our members are both terrifying and powerful and will change all our lives forever.

I offer my thanks and deepest appreciation to all PEF members that served with such bravery and commitment during this time and to the many PEF staff who have given hours and days of their lives to make sure that our members receive the services they deserve. Thank you.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: Roger Scales

FROM: Jonathan Rosen

DATE: September 28, 2001

RE: Update on WTC Workers' Compensation Information

The State Insurance Fund has created a special unit to process all claims for State Employees related to the World Trade Center tragedy.

Unit 55 is headed by Sylvestor Eshun and can be reached at 631-756-4321

Memo

TO: PEF Offices
PEF Members & PEF Staff

DATE: September 21, 2001

SUBJ: World Trade Center Resource Listing

Please find below a list of resources that may be helpful to you or your members in dealing with the World Trade Center tragedy.

PEF NUMBERS

-PEF NYC Regional Field Office: (718) 522-4110, (718) 522-4171, (718) 522-4312, (718)852-9891 (fax)

-PEF Headquarters: 1/800-342-4306, ext. 425, (518) 785-1814 (fax), www.PEF.org (website)

-PEF Health and Safety Department: 1/800-342-4306, ext. 254

COUNSELING SERVICES FOR NYS EMPLOYEES

- Group counseling: Contact your agency human resources manager, your Agency Employee Assistance Coordinator, or call the NYS Employee Assistance Program at 1-800-822-0244

- Individual counseling: Contact your Employee Assistance Coordinator or call 1-800-822-0244 (If you want a list of EAP Coordinators go to www.eap.lmc.state.ny.us)

WORKERS’ COMPENSATION

- All workers who were injured or experienced trauma as a result of the WTC bombing are advised to call the NYS Accident Reporting System as soon as possible at 1-888-800-0029. This is a toll free number, 24 hours a day, every day. If the members cannot call for themselves, a supervisor, co-worker, or family member can call for them. Be sure to record the ARS case number.

- Frequently asked questions regarding workers’ compensation for survivors of the WTC bombing can be accessed at www.pef.org/files/wtctragedy/wtc_faq.htm.

- Information on benefits for families of PEF members who are missing will be available in the near future.

- Links for information on workers’ comp and PEF’s negotiated benefits for injured members can be obtained at: www.pef.org/healthandsafety/workerscompinfo.html

IMPORTANT NUMBERS

-Crime Victims Compensation: 1-800-247-8035

-Social Security Benefits: 1-800-772-1213

-Workers Compensation: 1-800-580-6665

-FEMA: 1-800-462-9029

-Health Benefits information: Call employing agency first. You may also call the Department of Civil Service/ Employee Benefits Division at 1-800-833-4344

COUNSELING FOR ANY UNION MEMBER IN THE NYC AREA

The New York City Central Labor Council, AFL-CIO, has a Labor Support Center to provide information, referrals and assistance to all working families affected by the World Trade Center disaster. We encourage PEF members and families to first contact the PEF Regional Office. For assistance for non-PEF employees additional help can be obtained by call 1-800-506-0036 if:

• You have lost your job due to this tragedy, or need information on unemployment insurance or temporary employment
• You are in need of information on counseling, such as grief or trauma management
• You need help locating services to meet your needs.

Volunteers:
If you would like to volunteer, please call the hotline at 800-506-0036. We will send volunteers to appropriate locations based on needs and skills. Please have all contact information ready when you call : Labor Support Center Hotline: 1-800-506-0036

8 am to 9 pm, 7 days a week

NYC SPECIFIC INFORMATION

Red Cross 0 212-787-1000

United Way of NYC (212) 251-2500

Catholic Charities (212) 370-2401

Salvation Army 1-800-725-2769

NYC Emergency Information: 212-560-2730

HEALTH and SAFETY

New York Committee for Occupational Safety and Health -- World Trade Center Catastrophe Worker Health Factsheet (Requires Adobe Acrobat)

Bellevue Hospital Center: 212-562-7696

PEF Health and Safety Department: 800/342-4306, ext. 254

Mount Sinai - Irving J. Selikoff Center for Occupational and Environmental Medicine (212) 241-6173

Mount Sinai –Fact Sheet on “Health Issues Around the WTC” for clean-up crews, the public, and other helpful health links: www.mssm.edu

Stony Brook - Center for Occupational & Environmental Medicine Health Science Center (516) 444-2167

USEFUL WEBSITES

NYS Public Employees Federation

New York State AFL-CIO

NYS Crime Victims Board

NYCOSH (NY Committee on Occupational Safety and Health)

Social Security Online Resource

Frequently Asked Questions from NYS PEF Members impacted by tragedy

U.S. Dept. of Justice's Office for Victims of Crime (OVC)

New York Times Website

Governor Pataki's Web Site

NYC Emergency Information

Governors Office of Employee Relations

New York City Labor Council

Federal Emergency Management Agency (FEMA)

CSEA

Employee Assistance Program

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices
PEF Members and Staff

DATE: September 19, 2001

RE: World Trade Center Tragedy Update

PEF and GOER have reached an agreement to provide salary and health benefit protections to State employees who have been activated by the Governor to assist with the World Trade Center tragedy. In response to the September 11, 2001 attack on the United States, Governor Pataki ordered all New York Army and Air National Guard troops statewide to report to their duty stations to support the State's response. President Bush has begun the activation of 50,000 military reserves. The new MOU is similar to those negotiated for past military conflicts, but for the first time includes employees who are activated by Governor Pataki as well as those employees who are federally activated.

Eligible employees will be entitled to the following salary and benefit protections through September 10, 2002:

Military Leave

Under section 242 of the New York State Military Law, employees are entitled to full-pay military leave for 30 calendar days or 22 workdays, whichever is greater, in any calendar year or continuous period of absence. During this period, employees receive both their State salaries and their military compensation.

Supplemental Military Leave

Following exhaustion of the leave provided under section 242, employees activated in connection with the attacks on the United States on September 11, 2001 are now entitled to an additional 30 calendar days or 22 workdays of supplemental full-pay military leave. During this period, employees will continue to receive both their State and military pay.

Leave at Reduced Pay

Additionally, employees who have used up the full-pay military and supplemental military leave described above are entitled to leave at reduced pay. During the period employees are on leave at reduced pay status, the State will pay the difference between the military compensation employees are receiving while on duty and the State salaries they would have been receiving (assuming the State salary is higher).

Employees who are on military leave at full pay under section 242 of the Military Law or on supplemental military leave at full pay, continue to be treated as other employees in full pay status. While on leave at reduced pay, employees are not eligible to be credited with biweekly leave accruals. They are, however, eligible to be credited with vacation bonus days and personal leave days on their anniversary dates.

Health Benefits

Additionally, as provided in the Memorandum of Understanding, health benefits will be continued for the dependents of those employees activated on or after September 11, 2001, provided such employee has been enrolled in the New York State Health Insurance Program with dependent coverage for at least 30 days prior to being activated. Health benefits will be provided to covered dependents at no cost to the employee for a period not to exceed 12 months from the date of activation, less any period the employee remains in full pay status. The employee's health care services will be provided free of charge by the military during this period of activation, and the State has agreed to waive the employee share of the health insurance premium for dependents as well. Benefits will cease to be provided at such time as the employee’s active duty is terminated or the employee returns to State employment, whichever occurs first. Dental and vision benefits will also be continued.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices
PEF Members & Staff

DATE: September 18, 2001

SUBJ: World Trade Center Tragedy Update

1. The most recent information regarding missing State employees, which has not changed since last Friday, is 39 at Tax & Finance and 3 at DOT. We have an unofficial list indicating that 33 of the 39 at Tax & Finance and all 3 at DOT were PEF members. PEF is developing benefit information packets regarding union and state benefits and pension information and will be making personal visits, when requested, to the families of the missing PEF members after New York State officially releases their names. We understand that the state will be “conservative” regarding the timing of such releases and information.

2. A carload of PEF officers and staff from Albany visited the temporary New York City PEF Office at 335 Adams Street, 25th Floor, Conference Room E, (telephone numbers: 718-522-4110, 718-522-4171, 718-522-4312 -- Fax number: 718-852-9891) and delivered office supplies and computer equipment. The President conducted a two hour briefing and listened to the recommendations from local New York City PEF leaders.

Yesterday PEF Vice Presidents Pat Baker and Joe Fox visited with the Tax & Finance members in Brooklyn (where many of the WTC survivors have been reassigned) and offered them support and information. On Thursday, I will join the Tax & Finance Commissioner to again visit with these members.

3. PEF members’ and leaders’ attention is directed to the 13 page list of FAQs on the PEF web site regarding benefits, work attendance, sick and bereavement leaves, that was posted and delivered to the New York City PEF Office last Friday.

4. PEF and the Governor’s Office have been in regular contact regarding the State’s response to the WTC attack. As a result of that contact, the State posted yesterday a single telephone number to receive information regarding work locations for state employees who work south of Canal Street in Manhattan (866-832-9942). In many cases, after selecting options, another telephone number is provided for specific agency work site information.

Yesterday PEF provided the Governor’s office with a four page list of recommendations that included issues of: communication, employee recognition, vacation cash out, leave donation, Worker’s Compensation; military leave, time and attendance flexibility and office relocation.

5. The PEF Executive Board will meet tomorrow by conference call to consider two items that will be forwarded by the PEF administration: a $5,000 cash payment to each family of a WTC missing PEF member and approval of a resolution condemning all acts of discrimination, violence or retaliation against Arab-Americans and those of Islamic faith.

6. Contributions are already arriving to the PEF WTC Relief Fund (PO Box 12414, 1168-70 Troy-Schenectady Road, Albany, New York 12212-2414). We expect that the appropriate paperwork will be filed today to permit these donations to be declared as tax deductible. PEF Divisions, Regions and individual members are encouraged to be as generous as possible. I will be appointing a committee to recommend to the Executive Council the appropriate means for disbursement of these collected funds to the members and families of the WTC attack. One member handed the me a $1,000 donation on Friday and asked that it be recorded as “anonymous.”

7. PEF’s international unions (AFT and SEIU) have been in regular contact with us and are actively working with the United States Department of Labor to assure that Worker’s Compensation claims cannot be exempted as an “act of war.” SEIU has developed a written legal opinion regarding New York courts interpretation of “acts of war” exclusions in insurance policies refuting any arguments that claims could be excluded for such reasons.

We strongly encourage members and local leaders to stay updated on the latest WTC information through the PEF web site. Our regional PEF offices also receive this information by fax and it is e-mailed to our Member Mobilizer network. If your home e-mail address is not registered, it can be by e-mailing PEFOnline@pef.org.

On behalf of the PEF Officers, I want to thank all PEF leaders, members and staff who have worked so hard during this week of horror and tragedy. The human bonds that have been strengthened through this test of our strength will serve us well in future struggles.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices
PEF Members & Staff

DATE: September 14, 2001

RE: Frequently Asked Questions

Attached is a list of questions and answers developed at my request that are likely to be posed to PEF staff and leaders as we help our members cope with the implications of the World Trade Center tragedy. It is not a complete list of every issue and some of the items are still evolving.

Also attached is a memo regarding PEF insurance benefits from our Membership Benefits Director, Phil Occhino.

More information will be distributed when it becomes available. Any questions should first be referred to local PEF stewards and then PEF Field Representatives, if necessary.

Thank you for you service to the members.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices
PEF Members and Staff

DATE: September 13, 2001

SUBJ: World Trade Center Update #2 – 6:30 p.m.

Listed below is the most recent information regarding this on going tragedy.

1. The most current information from Tax & Finance and DOT is that they have 39 and 4 employees, respectively, that remain unaccounted for. The agencies will not release the names until all family members have been notified. When PEF receives the names, we will be communicating directly with the families and local leaders regarding benefit packages. We received information yesterday on a conference call with the New York City Central Labor Council that other unions have also experienced terrible losses, specifically the Fire Fighters and CWA. Each appears to have 350 missing. The hotel employees, the electricians, the carpenters have a cumulative loss of approximately 100 as does SEIU local, 32B-J.

2. I have just returned from a personal meeting with the Governor and extended our full cooperation in the relief and rescue effort. I also made several recommendations regarding Worker’s Compensation and communication. He was very gracious, expressed his admiration and concern for our missing members and assured me that every effort would be made on behalf of these workers.

3. The New York City PEF Office has been temporarily relocated to the UFT Brooklyn Office, 335 Adams Street, 25th Floor, Conference Room E. They can be reached at (718) 522-4110, (718) 522-4171, (718) 522-4312 and their fax number is (718) 852-9891. Since this is a general fax number, it is necessary to indicate that the fax is going to the PEF Office, 25th Floor, Conference Room E. Tomorrow Members of the PEF administration will be driving to New York City to deliver office supplies to our interim union office and I will be conducting a briefing for our New York City Executive Board and Council Leaders that can get to Brooklyn.

4. The Governor has directed late today that State employees with official work stations located in Manhattan at or below Canal Street who have not been reassigned to an alternate work location be placed on emergency leave with pay without charge to leave credits. This directive is effective beginning September 14, 2001 until all affected employees can be reassigned. All other State offices (presumably including offices between Canal Street and 14th Street) will be open.

While the State has not announced comprehensive plans regarding employee reassignments, we do understand that options are being explored and in some cases reassignments have already begun. When reassignments occur, the union is prepared to work with agencies on behalf of affected employees to minimize any hardship that such reassignments may cause. This might include developing temporary alternate work schedules, compressed work weeks or telecommuting arrangements; identifying other acceptable alternate work locations; or, identifying other means for reducing burdensome travel or other hardship.

Any employees experiencing hardship as a result of announced reassignments should first contact their local PEF steward.

5. We have established the PEF World Trade Center Relief Fund for PEF members, injured and missing, and their families. PEF Divisions in all regions are encouraged to make the largest contribution possible. Central PEF has contributed $10,000 as the first donation. Checks may be mailed to: PEF World Trade Center Relief Fund, PO Box 12414, 1168-70 Troy-Schenectady Road, Albany, New York 12212.

6. Our two international unions, SEIU and AFT, have also established relief funds and are soliciting contributions from their locals nationally, as well as their employers.

7. In a separate memo distributed earlier today, we have provided an agency specific briefing paper regarding paychecks, work reporting, and benefits for our affected members in lower Manhattan.

On behalf of the Statewide Officers and Trustees, I want to extend my appreciation to all PEF members and leaders that have offered their full cooperation and assistance during this tragic period. There is still much work to do and much rebuilding planned. I, again, assure you that assisting our injured members and the families of the missing will be our top priority until this horrible period can be closed. If there is any benefit to a tragedy such as this, it brings the survivors closer together and once again demonstrates our strength as a union and as citizens of the United States of America.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices
PEF Members & Staff

DATE: September 13, 2001

SUBJ: World Trade Center Tragedy Update

We have determined that the work situation for our members impacted by the World Trade Center tragedy varies from work location to work location. I have asked staff to contact the affected agencies about what arrangements they have made to contact employees, and the preliminary results are summarized below. This information is, at best, incomplete. Not all of the detail is reported here, nor were we successful in contacting all impacted agencies. We will continue to update the information, as it becomes available, both in memo form, and on the PEF Website.

Lower Manhattan Offices Remain Closed on Thursday, September 13, 2001

We have been informed by GOER that State offices at 14th Street and South of 14th Street in Lower Manhattan will remain closed on Thursday September 13, 2001.

ALL AGENCIES

Paychecks

Paychecks scheduled for distribution today were delivered to the various work locations earlier this week. In some cases, the paychecks may never be recovered; in others, they may be inaccessible for some time. Each agency has been in contact with the Office of the State Comptroller to make arrangements for alternate delivery of the paychecks. Affected members should contact their agencies to learn what arrangements have been made. (The direct deposit transactions have been processed, but at this time, OSC has no plans to duplicate receipts. Agencies will have on-line access to reproduce the information if an employee requires it).

Counseling Services

GOER has indicated that counseling services are available from at least two resources. Employees can access the local EAP Coordinators at 1-800-822-0244. In addition, the Ceridian Corporation can provide telephonic counseling and other resources. Their number is 1-800-847-5437. Finally, some of the agencies are making their own arrangements to make crisis counselors available to employees.

Blood Donation

GOER has directed agencies to grant adequate release time to employees wishing to donate blood during this crisis.

Other Benefits

We are working on compiling a more comprehensive list of benefits available to all employees impacted by this tragedy. Continue checking the PEF website for the latest information.

AGENCY SPECIFIC INFORMATION

Tax and Finance

The Department has established a toll free number (1-800-836-4657) to provide employees with the latest information on when and where World Trade Center based employees should report to work. Any WTC based employee who has not yet been personally contacted by the Department should call 518-457-2244 or 518-457-2786 or 518-457-6258 immediately. The paychecks for WTC based employees have been reissued, and the 800 number has instructions on the options employees have for receiving their checks. (There are also some problems with the delivery of the paychecks for Brooklyn employees and the agency is working with the delivery company to locate and deliver the checks as soon as possible. The agency expects these checks to be in the Brooklyn office by close of business 9/13/01).

Department of Transportation

DOT is making contact with the individual employees. They are working to make alternate work space available, but at this time, there is no decision as to when those employees will be required to report. Employees seeking additional information should contact DOT headquarters in Albany at 518-457-3543.

Banking Department

Banking Department employees should continue to follow the established telephone trees for the latest information. Their supervisor should know how to reach them as additional instructions will be disseminated via the phone tree. Employees may also call the Banking Department Albany Finance Office at 518-474-2393. Currently, the paychecks delivered to the NYC headquarters are inaccessible, and Banking has requested that OSC reprint the paychecks for employees not on Direct Deposit. The new checks should be mailed to employees' homes on 9/13/01.

Division of Housing and Community Renewal

At this time, DHCR is telling their employees who work in lower Manhattan that their decision to report to work should be "guided by local announcements". Whether the offices on Beaver Street can be occupied or whether employees will be redirected to another work site is being decided on a day to day basis. For more information, employees can call 1-877-748-8893 (toll free), DHCR's Albany office at 518-473-6977 or their Jamaica Office at 718-739-6400.

State Insurance Fund

The State Insurance Fund is attempting to contact all NYC based employees by telephone. Like other agencies located near the Trade Center, SIF is making a daily evaluation as to if and when they can reoccupy their building. For information, employees can call either 518-437-1879 or 212-312-9000. Either number reaches staff in SIF's Albany office. The State Insurance Fund has asked that all employees working at 199 Church Street go to their website at www.nysif.com for current information and toll free numbers. For the latest update from SIF management click here.

Department of Labor

DOL has posted information for employees on their internal website, but many employees may not be able to access it. DOL has two offices in lower Manhattan, and they are optimistic that they may soon be able to reoccupy their facilities on Hudson Street. The situation is being evaluated daily, and employees should be in contact with their Regional Administrative Office for additional information. DOL has reprinted the paychecks for employees at their offices in lower Manhattan, and is having them delivered to their 54th Street Metro Office. Their objective is to have the checks available for delivery to employees by 9/13/01. We understand that DOL is making special arrangements for longer hours for employees to pick up their checks. Employees should call 212-621-9346 or 212-621-9348. For the latest update from DOL management, including news about 345 Hudson St. click here.

Insurance Department

Employees should continue to use the numbers on their emergency contact sheets for information about when and where to report to work. At this time, it is not clear when the offices at Beaver Street can be reoccupied, nor has a decision been made about whether to have employees report to other work locations. The Insurance Department is trying to make personal contact with all NYC employees, but they can call the Albany offices at 518-474-4567 for additional information. The Insurance Department has requested duplicate paychecks for their employees who work in lower Manhattan, and they anticipate their being mailed to employee homes on 9/13/01 or 9/14/01.

OTDA

The OTDA offices at Cortlandt Street and Maiden Lane are both closed until further notice. Pending a determination of if and when they can be reoccupied, the Agency has started making arrangements to relocate staff to other offices. For the latest information, employees should call 1-866-331-7697 (toll free). The Agency has also requested that OSC reprint employees' paychecks. OTDA estimates that they will have possession of the new checks by 9/13/01 at which time they will distribute them to employees as quickly as possible.

State Liquor Authority

The Agency offices on Park Place are closed until further notice. The agency believes they have made contract with all of their employees and they will provide additional information through personal phone calls. If employees have questions, they should call the Albany office at 518-473-2146. Also, the Agency has been working with the delivery company and has just located the paychecks scheduled for delivery today. They are currently designing a plan that will allow employees the opportunity to pick up their paychecks in Manhattan hopefully as early as 9/13/01.

Office of Attorney General

The Offices at 120 Broadway will remain closed until further notice. The Agency is attempting to contact all NYC Based staff by phone, and is exploring alternate work locations for senior staff. (Employees who have NOT been contacted by a representative of OAG should reach out to them immediately). As of Wednesday afternoon, agency officials were working to recover employee paychecks from the delivery company.

OCFS

The Department Offices at Maiden Lane, Exchange Street, and Broadway all are closed. Managers are working to contact all employees to make alternate work arrangements. Employees who have questions should contact the agency through their normal chain of command. For those NYC based employees who did not receive their paychecks, OCFS has ordered replacements and expects to have them delivered to NYC by close of business on 9/13/01.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Field Offices
PEF Members and Staff

DATE: September 12, 2001 – 2:30 p.m.

SUBJ: World Trade Center Tragedy Update

Due to the state of emergency that has been declared, many of our members who have been deemed essential personnel have been directed to remain at work, and many others have volunteered to continue to work. If you have been deemed an essential employee and you have extraordinary circumstances that require your presence away from your work-site, we encourage you to address these issues directly with your agency management. We encourage all of our members, those deemed non-essential and essential, to volunteer to assist throughout this emergency by contacting your agency to determine if you can be helpful.

If you are unable to volunteer we encourage you to make a blood donation at a local Red Cross Center, as the existing blood supply in New York City has been exhausted. The Governor has asked that adequate release time be granted to employees who request time to donate blood. (A list of statewide Blood Donor locations can be found on the internet at http://www.state.ny.us/governor/press/year01/sept11_2_01.htm.) We are currently exploring the establishment of a fund for our members who are victims of this tragedy and will provide more information on this at a later date. In the meantime, you may donate to the Red Cross by contacting them directly. We know many of you have already volunteered and have donated blood and thank you for your efforts.

Additional specific information includes:

1. We are in constant contact with our elected leadership at Tax & Finance, DOT and NDRI. These three groups have been working around the clock to determine the status of their employees, and I am very pleased to report that all of the NDRI employees are safe. Unfortunately, there are approximately 50 PEF members who are unaccounted for from the DOT and Tax & Finance offices at this time. This, of course, may mean that they are injured or just have not checked in with their agencies.

2. There are ten New York State offices located below 14th Street in Manhattan. As a result of an Executive Directive, all of these offices remain closed today. Whether and when employees can return to these offices have not been made public as this is written. Employees of these agencies should stay in contact with their agencies as well as monitor the public news and the PEF web site for developments.

3. The New York City Field Office is only several blocks away from the World Trade Center and is currently shut down with no utilities. All of the staff is accounted for, and we expect that this building will remain closed until a structural inspection confirms that it is safe to reoccupy. In the meantime, our Field staff is making telephone contact with each of their assigned Division leaders today. In the very near future, in collaboration with the United Federation of Teachers (UFT), PEF will establish a temporary Field Office on the 25th Floor of the UFT Brooklyn Field Office, 335 Adams Street. It can be contacted at 1-800-342-4306, ext. 425, until a more permanent number becomes available. We expect that our New York City staff and elected leadership will be working out of this location in the very near future, however, this location obviously will not have all of the conveniences of our PEF office on Church Street. We very much appreciate UFT’s assistance.

4. Both AFT and SEIU will be setting up dedicated funds to provide assistance to PEF members and their families in New York City. The Internationals will work with PEF in arranging for the distribution of the funds. Several other large local unions from as far away as California have contacted my office with offers of assistance to our members.

5. We were informed this morning by Department of Civil Service Commissioner George Sinnott that the Core Battery exam scheduled for this weekend has been postponed and will be rescheduled at a time when everyone will have fair access to that examination.

6. We have learned that the following services are available to New York State employees. A toll free number 1 (800) 847-5437 through Ceridian Corporation to provide telephonic counseling and on-line and print articles. Resource and referral services are also available through local EAP Coordinators or by calling 1 (800) 822-0244.

Additional specific information will be provided as it becomes available regarding paycheck distribution and contacting management of affected State agencies in lower Manhattan. PEF is also preparing a fact sheet with answers to questions we anticipate will arise including ones on Worker’s Compensation, property damage, leave accruals, health benefits, leave donation, etc. We anticipate this to be ready shortly.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Offices

DATE: September 11, 2001 -- 4:00 p.m.

SUBJ: Call for Blood Donations, Reopening of State Offices on 9/12/01

1. In response to the New York City tragedy, we have been contacted by the Governor’s office and asked to encourage all PEF members to make a blood donation at a local Red Cross center as soon as possible. The need for blood transfusions in New York City has already exhausted the existing supply and they will be depending on the rest of New York to make up the shortfall. We strongly encourage anyone who can donate to contact their local Red Cross immediately.

2. We have just received information from GOER that all State offices and facilities will reopen tomorrow, 9/12/01, including those in New York City.

3. We are currently developing an additional statement regarding such issues as emergency extended shifts. This information will be faxed to our Field Offices and to New York City Executive Board members and Council Leaders as their fax numbers become available.

We will also be developing a plan for deploying our New York City Field staff during the period that their office in lower Manhattan will be closed. This information, we hope, will be available tomorrow morning.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Field Offices
PEF Staff

DATE: September 11, 2001 – 1:30 p.m.

SUBJ: World Trade Center Tragedy

In response to the horrific, on-going tragedy in New York City, I wanted to provide you with the following information:

1. There are at least three State agencies, DOT, Tax & Finance, Office of the State Comptroller and NDRI that have work locations in the two tower buildings of the World Trade Center. At this time, we have very limited information regarding the fate of these approximately 300 PEF members but have very serious concerns regarding DOT and Tax & Finance which were all located on the 82nd -87th floors of the two buildings.

2. The New York City PEF office, which is only several blocks away from the World Trade Center, while seriously shaken appears to have sustained no damage. As of Tuesday afternoon, the telephone and answering machines are working; however, it appears that all the staff has left.

3. All State offices in New York City and in downtown Albany have been closed as part of the State’s “directed early departure” procedure. I have been in contact with Pat Baker by cell phone and she informs me that there are virtually no private transportation, subways or buses running in the downtown Manhattan and Brooklyn area. Both Regional Coordinators Alan Schulkin and Jennifer Faucher have checked in with us.

4. We have been in contact with GOER and, of course, have offered our support in any way possible.

5. Until we know the outcome of the safety of our PEF members in the World Trade Center and out of respect for them and their families, I am canceling all routine PEF meetings today and tomorrow. We have very serious concerns about our members in DOT and Tax & Finance.

6. We have also released PEF employees in the rest of our PEF offices if they feel the need to be with their family or children. All PEF offices will be open tomorrow. Of course, our Manhattan office will be closed until government authority determines that it is safe to return.

We expect to update you on a daily basis by the PEF hotline, the PEF website and by fax through this week.

Finally, this terrorist activity could result in the largest number of PEF members injured while at their jobs in the Union’s history. We certainly hope that this is not true, and I ask that you offer your prayers for their safety.

Roger E. Benson

cc: Executive Board
Council Leaders

Memo

TO: PEF Field Offices – 2:00 p.m.

DATE: September 11, 2001

SUBJ: Closing of State Offices

The Governor has ordered a directed early departure, effective immediately, for ALL non-essential state employees throughout New York State. In addition, employees who are assigned to their agency’s emergency command center may be required to remain at work.

Before leaving work, employees should confirm with their supervisor that they will be released without charge to leave credits. Also, it is agency management who makes the determination of which positions are “non-essential.” Any employee who disagrees with management’s directive that they remain at work must comply with the order. They should keep careful documentation of the events and review the situation with their field representative to determine if a grievance should be filed.

At this time, no information is available regarding tomorrow’s work schedule.

Roger E. Benson

cc: PEF Executive Board
Council Leaders
PEF Staff