Past MEMOS
Tuition Reimbursement for the Fall 1999 and Spring 2000 Semesters (3/7/2001)
Washington Avenue Parking Lot (2/14/2001)
Second Buffalo Snowstorm (12/6/2000)
Buffalo Snowstorm (11/21/2000)
One Time Dues Adjustment (11/3/2000)
Fall 2000 Voucher Alternative Program - (Tuition Reimbursement) (8/18/2000)
Public Service Workshop Program (8/18/2000)
We regret to inform you of the tragic and untimely death of PEF VP Jean DeBow
Tentative Contract (6/14/2000)
Status of PEF Contract Negotiations (3/30/2000)
April 2000 Longevity Payments (3/24/2000)
Civil Service Exam Fee Waiver Program (3/21/2000)
April 2000 Performance Advances and Performance Awards (3/6/2000)
Travel Reimbursement - Change in Meals and Lodging Per Diem Rates (1/10/2000)
January 5th Contract Justice Rally (1/4/2000)
Replacement of the State Chief Negotiator (1/3/2000)
EAP Joint Committee Training and Travel (12/8/99)
Taxable Education Assistance - 1999 Semester (10/22/99)
PEF's Chief Negotiator (9/7/99)
TO: Statewide Officers
Trustees
Regional Coordinators
Executive Board Representatives
Council Leaders
FROM: Cliff Merchant
DATE: March 7, 2001
RE: Tuition Reimbursement for the Fall 1999 and Spring 2000 Semesters
The PSTP Voucher and Voucher Alternative Programs ended with the expiration of the 1995 - 1999 PEF/State collective bargaining agreement on April 1, 1999. When these programs ended PEF was in negotiations with the State of New York for a successor agreement. During the prolonged contract negotiations some PEF represented state employees continued to pursue their educational goals. Specifically members attended college courses during the Fall 1999 and Spring 2000 semesters.
Article 15 of the agreement provides funding in each fiscal year of the agreement for the professional development of the members of PS&T bargaining unit. The funding is provided for the majority of these programs on a meet and confer basis. Numerous meetings were held with representatives from the Governor’s Office of Employee Relations since the ratification of the 1999 - 2003 PEF/State collective bargaining agreement to discuss reimbursing PEF represented employees for tuition costs incurred during for the Fall 1999 and the Spring 2000 semesters.
PEF’s position was and continues to be that both the State and the employee benefited from the employee’s continued education and funding was provided in the agreement for that fiscal year, based on this, reimbursement should be retroactive to the beginning of the contract. However, the GOER representatives would not agree to provide funding for tuition costs incurred prior to August 11, 2000. The State will not agree to fund a reimbursement program for the Fall 1999 and Spring 2000 semesters. The agreement only requires the state to meet and confer with PEF on this issue. Since the State will not agree to this reimbursement program, there will not a retroactive tuition reimbursement program for the Fall 1999 and Spring 2000 semesters.
In order to make up for the limited retroactive reimbursement the PEF representatives to the Professional Development Committee and GOER agreed to fund the following programs:
PSTP Voucher Program for the Fall 2001 and Spring 2002 semesters - one voucher for one course up to a maximum of $600 per semester,
A Special Additional voucher for the Fall 2001 and Spring 2002 semesters up to a maximum of $600 per semester. Undergraduates can use the special additional voucher to take a second course in each semester. Graduate students can us the special additional voucher towards the cost of the graduate level course that the PSTP voucher did not cover and if there is a balance left over it can be applied to the tuition cost of a second course.
A special Summer 2001 semester VALT tuition reimbursement program will be established. Undergraduate and graduate students can apply for the Summer 2001 semester for reimbursement of tuition of 100% up to a maximum of $600 for college credit-bearing course work taken at any accredited college or university.
The funding for the special additional vouchers for the Fall 2001 semester and the Spring 2002 semester and the reimbursement program for the Summer 2001 semester was provided from unallocated funding included in Article 15 for the fiscal year 1999 - 2000. The guidelines for the above programs are in development and have not been provided to the administrator as yet. Do not contact MDI Associates for questions or additional information. CONTACT THE PEF EDUCATION AND TRAINING OFFICE If YOU HAVE QUESTIONS OR FOR ADDITIONAL INFORMATION.
The Professional Development Committee continues to meet on a monthly basis to confer on professional development issues and to fund programs that address the professional development needs of the PS&T bargaining unit.
TO: Region 8 Executive Board Members and Council Leaders
FROM: Bob Carrothers, Director of Contract Administration
DATE: February 14, 2001
RE: Washington Avenue Parking Lot
OGS today issued a memo to all employees parking in the Washington Avenue peripheral parking lot that announced their decision to close the lot. GOER has informed PEF that the contents of a memo are in error. Although the State is having internal discussions about the future use of the lot and alternative accommodations for employee parking, GOER has assured PEF that no final decisions about use of the lot have been made. PEF has requested an immediate meeting of the Article 19 Parking Committee to gather additional information about this matter. Once we have learned more of the specific plans, if any, we will issue an update.
TO: Region 1 Executive Board Members
Region 1 Council Leaders
FROM: Robert Carrothers, Director of Contracts Administration
DATE: December 6, 2000
RE: Second Buffalo Snowstorm
Based on information we just received from the Governor’s Office of Employee Relations, we understand that the State has ordered a directed early departure beginning at 1:00PM this afternoon (Wednesday, Dec. 6th) for all non-essential employees at work locations in the City of Buffalo. As a result of this directed early departure, non-essential State employees have been released from work and will not be required to charge accruals for the balance of the work day.
We further understand that this direction extends to all work shifts beginning before midnight tonight. Thus, any non-essential employee who has a work shift beginning before midnight is excused from reporting to work for that shift and will not be required to charge accruals for the absence.
At this point we understand that State offices will be open and employees will be expected to report to work beginning tomorrow morning (Thursday, Dec 7th). Unless this direction changes, employees will be required to charge accruals for storm related absences tomorrow.
We are continuing to monitor the situation and will update you as we receive additional information.
Cc: Region 1 Field Staff
TO: Region 1 Executive Board Members
Region 1 Council Leaders
FROM: Robert Carrothers, Contract Administration Director
DATE: November 21, 2000
RE: Buffalo Snowstorm
We have received the following information from the Governor’s Office of Employee Relations this morning regarding the snow emergency in Buffalo:
State offices within the City of Buffalo have been closed and staff in these offices will not be required to charge accruals for their absence today. State offices outside the City of Buffalo are not closed today and staff who are unable to report to these offices due to the storm will be required to charge accruals for their absence.
The State made its initial determination about the scope of the closure based on its assessment of where the lake effect storm had its greatest impact. While State employees who work outside of the City of Buffalo will be required to charge accruals, if the State determines the storm has a broader impact than initially assumed charged accruals may be restored following an Attendance Rule suspension at a later date.
We are currently attempting to determine the effect of the State’s decision on staff at Buffalo Psychiatric Center and Rochester Psychiatric Center and Roswell Park Cancer Institute and will provide you with additional information when we receive it.
We are continuing to monitor the situation and will update you as we receive additional information.
Cc: Region 1 Field Staff
Contract
Update
(number 00-07)
November 3, 2000
TO: Executive Board
Council Leaders
PEF Field Offices
FROM: Bob Carrothers
RE: One Time Dues Adjustment
The Office of the State Comptroller (OSC) has announced that they will make a one-time adjustment to PEF dues/agency shop fees in checks dated November 8, 2000 (administrative) and November 16, 2000 (institution).
The adjustment is designed to collect the appropriate dues on the retroactive adjustments paid earlier this fall. When OSC was preparing to pay the adjustments, the programming complexities of the dues calculation would have slowed the payment of the retroactive monies considerably. Instead of holding up those payments, they opted to pay the monies as soon as possible, knowing that an adjustment would have to be made to recover the appropriate dues. OSC notified all employees of the need for this adjustment at the time the retroactive monies were paid. (A copy of the letter is on the reverse of this memo).
A copy of the payroll bulletin will be provided to each PEF Field Office. Any questions should be directed to Contract Administration at 800-342-4306, ext. 223.
TO: Statewide Officers
Trustees
Regional Coordinators
Executive Board Representatives
Council Leaders
From: Clifford R. Merchant
DATE: August 18, 2000
RE: Fall 2000 Voucher Alternative Program - (Tuition Reimbursement)
I am pleased to announce that PEF and GOER, through the Professional Development Committee (PDC) have agreed to a tuition reimbursement program, under the Voucher Alternative Program for the Fall 2000 Semester.
The PDC recognized that, with college registration already in progress, it would not be possible to implement a PSTP Voucher Program for the Fall 2000 Semester. Therefore an agreement was reached to implement the Voucher Alternative Program to provide tuition reimbursement for PEF represented employees. The guidelines for VALT for the Fall 2000 semester will be almost identical to the 1998 - 1999 VALT Program, with the exception that the reimbursement rate will be 100% of the cost of tuition up to a maximum of $600 for the Fall 2000 Semester. It is anticipated that this will provide PEF represented employees with tuition reimbursement equal to what he or she would have received if PSTP Voucher Program was operational.
The VALT guidelines for the Fall 2000 Semester will be revised, reviewed by the PDC representatives and distributed in the near future.
cc: PEF Staff
I am pleased to announce that, as a result of the work of the Professional Development Committee (PDC) representatives and staff and Rockefeller College, the Public Service Workshop Program (PSWP) will be offering workshops around the state for the period of October through December 2000.
With the ratification of the contract by the PEF membership, PSWP will again be offering professional development workshops for PEF represented state employees.
The catalog for October through December 2000 is currently in the printing process and should be mailed in the near future. Information about the workshop offerings, online application and guidelines can also be found on the PSWP web-page at http://www.albany.edu/pdp/pswp.
Roger E. Benson
cc: PEF Staff
TO: PEF Officers
Executive Board Members
Council Leaders
PEF Staff
DATE: June 19, 2000
SUBJ: Jean DeBow
It is with deep sadness that I inform you of the tragic and untimely death of PEF Vice President Jean DeBow. Jean and Executive Board member, Dollie Williams, were involved in a two-car accident in Brooklyn early Saturday morning, which claimed her life and injured Ms. Williams.
There are no words that can adequately express the enormous loss that is felt by all who knew Jean as a colleague and a friend. Officers, members and staff who were fortunate to have known Jean will always remember her for her strong commitment to labor and especially women’s issues, the unselfish support she gave, her thoughtful way and her ready laugh. She will be deeply missed by us all.
The funeral arrangements are as follows:
2:00 - 8:00 p.m.Wednesday, June 21, 2000
Thursday, June 22, 2000
10:00 a.m - Funeral Services
Holy Trinity Baptist Church
2 Ralph Avenue at Quincy Street
Brooklyn
Cards of condolences may be sent to Jean’s mother, Louise DeBow, at 523 Madison Street, Brooklyn, New York 11221.
Please join with us in extending our heartfelt sympathies to Jean’s family and friends. During this time of immense grief, we can derive comfort in knowing that Jean has had a lasting affect on the lives she touched, and we are grateful for the time we had with her.
Roger E. Benson
TO: Executive Board
Council Leaders
DATE: June 14, 2000
SUBJ: Tentative Contract
There were misunderstandings between PEF and the Governor's Office of Employee Relations regarding the final implementation of the tentative PEF contract on June 12-13. These issues have been resolved and the ratification process is on track. Management and PEF have signed all of the necessary paperwork and PEF and management will now turn their attention to swift adoption of the PEF pay bill. More details on the new contract will be posted soon.
Roger E. Benson
TO: New York State Legislators
FROM: Roger E. Benson, President
DATE: March 29, 2000
SUBJ: Status of PEF Contract Negotiations
I know that many of you are following the contract negotiations between PEF and the Pataki Administration very closely. I also know that many of PEF’s 54,000 members have contacted you to express their displeasure with the treatment we are receiving from State negotiators and the Pataki Administration. Recent events now make it even more important for you to know the truth about what is happening, or not happening, at the bargaining table as PEF continues to struggle to reach an agreement.
As you know, PEF members have been without a contract for one year. We have been attempting to negotiate with the State for the last fifteen months. Last week, after GOER cancelled the preceding four scheduled negotiating sessions with PEF, State negotiators presented our team with a new demand. It required a complete blackout by PEF concerning negotiations. It also required PEF to stop communicating to our own members about the progress of negotiations. This, we were told, included posters, banners, buttons, e-mail to our members and information placed on the PEF website. They told PEF that “serious” negotiations would not happen until we signed that proposal. We declined.
We did not agree to this extraordinary proposal because it was not accompanied by even an inkling of hope that it would lead to “serious negotiations." We were also told by GOER personnel that they are not in a position to respond to PEF’s counter proposal submitted to the State almost two months ago. They have no idea when, or even if, they will be in a position to respond to our counter. They told us that they can’t negotiate at the same time PEF is demonstrating publicly for a fair contract. However, the State was able to reach settlement with the transit workers union in NYC while they were demonstrating publicly and considering a strike. Additionally, the State has been able to reach not one but two tentative agreements with CSEA while CSEA members were joining PEF at rallies and public events over the last several months. A few months ago, there was even an allegedly unauthorized job action by some CSEA members on Long Island which prompted an angry public response from Governor Pataki. And yet, the State settles with CSEA and others but stonewalls negotiations with PEF.
The fact is that the Administration does not want you to know what’s going on with PEF negotiations. They want you to believe that PEF does not want to negotiate. This is simply untrue. We are prepared to sit down in serious negotiations with GOER at any time and any place for as long as it takes to reach a fair contract. However, the State told us last week that they are not yet ready to negotiate five days a week with us. The Administration doesn’t want you to know this because they believe it is not the business of the Legislature. Again, we disagree.
Please be aware, however, that we are not contemplating “impasse” nor do we have an interest in pursuing it. It is a lengthy, cumbersome and ultimately unsatisfactory process that is no substitute for the serious and substantive negotiations we seek with GOER.
Enclosed is my statement from a recent PEF press conference and copies of the newspaper coverage of the event. Probably the most revealing is GOER's response that, "The bottom line is PEF would like the State to put on the table the CSEA package and we are not going to do that." Clearly, the State is not interested in moving the negotiations to closure, while PEF is ready to do whatever it takes to close this down and secure a fair contract for our members. However, we can’t do this alone, and I suspect this will not happen until PEF members are afforded the courtesy and respect they have earned by virtue of their good work that benefits millions of New Yorkers every day.
Plainly stated, all PEF wants is a fair contract. It is all we ever wanted. We have no “hidden agenda," political or otherwise. Our initial wage package submitted to the State more than a year ago is wholly consistent with the economic packages subsequently negotiated and offered to several other bargaining units. My hope is that PEF can be treated in a similar fashion. But before this can happen, there must be a willingness on the Administration’s part to negotiate.
Thank you for your past support. We need you to publicly urge the Administration to begin serious negotiations with PEF and to move negotiations to closure. All those that oppose the politics of division, exclusion and retribution must stand together.
cc: Sandra Feldman, President, AFT
Andrew Stern, President, SEIU
NYS AFL-CIO Executive Board
PEF Executive Board
PEF Council Leaders
PEF Negotiating Team
Legislative Correspondence Association
TO: Executive Board
Council Leaders
PEF Field Offices
FROM: Robert Carrothers, Director of Contract Administration
DATE: March 24, 2000
RE: April 2000 Longevity Payments
Audit and Control has just issued Payroll Bulletin 150 which directs payment of the Performance Awards in April 2000. (A copy of the bulletin has been sent to all PEF Field Offices).
As is required by the PEF contract, the State will pay the $1,250 and $2,500 awards to those employees who were eligible to receive the same award last year. Only those employees who would be eligible for the 5 or 10-year award, for the first time, will have to wait for payment until the new contract is negotiated. This is a major improvement over past years when the State refused to make any payments at all while negotiations were continuing.
As in the past, the awards will be paid in separate checks, and will be dated April 20 for institution employees and April 26 for administrative employees.
Finally, the payment of these awards will require a special appropriation in the event that the new budget has not been adopted prior to the payment date. In the past several years, the special appropriations have been made, and we do not expect this year to be different. Of course, we will keep you informed should there be additional developments that impact these scheduled payments.
If you have any questions, please contact Contract Administration at 1-800-342-4306, ext. 223.
The Civil Service Exam Fee Waiver Program has been temporarily discontinued by the Department of Civil Service due to the lack of funding. The termination of this program is effective with exams scheduled and/or all applications for Continuous Recruitment Examinations received on or after June 3, 2000. The State and PEF will discuss the continuation of this program when additional funding is made available through a new collective bargaining agreement.
PEF was advised verbally, by a representative of the Governor’s Office of Employee Relations, that the Department of Civil Service would be announcing the termination of Exam Fee Waiver Program. As the staff person assigned to the Professional Development Committee I called the GOER representative to obtain the specific reasons for the termination of this program. As a result, I was advised today that the Exam Fee Waiver Program is being discontinued only as a result of a lack of funding. In my discussions with GOER representatives regarding the discontinuance of the program, GOER has indicated that the State and PEF can discuss the continuation of the program once funding is available through a successor collective bargaining agreement.
The Exam Fee Waiver Program was extended for the fiscal year 1999 - 2000 just prior to the termination of the 1995-1999 collective bargaining agreement with the State on April 1, 1999. The funding for the extension beyond the term of the agreement was accomplished through the use of a limited amount of unspent of Article 15, Professional Development Committee, funding. That funding has now been exhausted.
PEF recognizes the value of this program to the our membership and will enter into those discussions with GOER to continue this program. In the meantime, PEF members should retain a copy of their exam application form(s) and proof(s) of payment of the exam fee(s) in the event that we are successful in continuing this program and obtaining retroactive funding to June 3, 2000.
cc: PEF Staff

TO: Executive Board
Council Leaders
PEF Field Offices
FROM: Bob Carrothers, Director of Contract Administration
DATE: March 1, 2000
RE: April 2000 Performance Advances (increments) and Performance Awards (longevity pay)
My office has received many calls asking about the status of the Performance Advance and Performance Award payments scheduled to be paid April 1. This memo should help clarify both issues for you and your members. We expect that the Office of the State Comptroller soon will release the payroll bulletins directing these payments; when they are issued, we will update this mailing.
In the past, the State has asserted that both performance advances (increments) and performance awards (longevity awards) "sunset" when a contract expires and there is no successor agreement in place. You may recall, for example, that during the 1991-95 negotiations, the State halted both payments for two consecutive years and paid them only after a successor agreement was ratified. In response to the pressures we felt at that time, PEF negotiated changes in both programs that we believe eliminated any possible argument that these benefits terminated with the expiration of a contract.
Increments
Based on changes we negotiated in Article 7.9, we expect that all people eligible for increments will have their base salary adjusted this April. (Ten month teachers, however, do not receive their increments until September).
Longevity Awards
Longevity awards are a bit more complicated. According to the terms of a sideletter PEF negotiated in the 1995-99 Contract (pp. 192-3), longevity awards will be paid to eligible individuals who received a longevity payment in April 1999. The sideletter does not require payment to those individuals who would first be eligible for a longevity payment in April 2000. Likewise, people who are first eligible to move from the $1,250 to $2,500 level may not receive the increased payment at this time. When the sideletter was negotiated, PEF and the State "agreed to disagree" about whether the State was obligated to make the payments for those newly eligible for longevity awards. If the State fails to make the payment to these employees, PEF will take appropriate action.
Finally, while we have done our best to confirm the State's intention to pay these monies, the instability created while we are in negotiations dictates some caution. We believe the payments are required by the contract, and the State has indicated they are prepared to make them. That being said, the best advice we can offer our members is not to spend the money until they have the check in hand.
We will provide additional information, as it becomes available.
TO: Executive Board Members
Council Leaders
Statewide Labor/Management Chairs
FROM: Contract Administration Department
DATE: January 10, 2000
RE: Travel Reimbursement – Change in Meals and Lodging Per Diem Rates
The Office of the State Comptroller has revised its guidelines to change the meal and lodging rates effective January 1, 2000 (reductions in the allowances do not become effective until February 1, 2000). The new rates reflect changes in the allowances made by the federal government.
A list of the new rates for locations in New York State is attached. For any counties not listed, the standard rates ($55 lodging/$30 meals) will apply. (A full list of per diem rates for other locations in the United States will be available in each regional field office). Absent additional clarification, the rates listed will apply to all locations within the County, not just the key city listed. For example, someone who stays on Wolf Road in Albany would be eligible for the Albany rate of $116 ($74 lodging/$42 meals), notwithstanding the fact that Wolf Road is outside the City of Albany. For New York State, the only city that has a different rate than the rest of the county is in Westchester County, where the City of While Plains has a separate reimbursement rate.
You can also access this information on per diem rates on the Internet through the General Service Administration (GSA), Travel and Transportation Management Policy Division’s Website; http://www.policyworks.gov/perdiem. This website will soon be linked to the PEF website. Not only does this site provide the latest information—and rates can and do change during the year—there are other important resources for your use. Once you have selected to display the rates for a particular state, you can obtain a list of lodging establishments that honor the per diem rate in that locality. You can also advise the federal government of those locations where the per diem is not adequate and in need of increase. Again, both of these resources are found on this website.
Should you have any questions regarding these bulletins, contact Contract Administration at 800-342-4306, extension 223.
cc: PEF Field Offices
TO: Regional Coordinators
PEF Staff
RE: January 5th Contract Justice Rally
DATE: January 4, 2000
The New York State Police have threatened to withdraw the permit for our demonstration in front of the Capitol tomorrow because the crowd "will be too big and not controllable". They want to relocate it to the far end of the Empire State Plaza Concourse, over a quarter of a mile from the Capitol and on the other side of the Assembly Chamber, where the State of the State speech will be delivered.
If necessary, we will go to court today to prevent this denial of our rights of free speech and assembly. There may be press stories during the day about this struggle. I have already written the Governor on this matter and a copy of the letter is attached.
REGARDLESS OF WHAT PRESS REPORTS ARE MADE, THE RALLY IS DEFINITELY GOING TO HAPPEN. CSEA AND PEF ARE IN TOTAL AGREEMENT THAT THE WORKERS’ VOICES MUST BE HEARD IN OUR STRUGGLE FOR CONTRACT JUSTICE.
We have finally engaged management in a way that begins to level the playing field. I am counting on your leadership to assure a huge turnout tomorrow. Management may begin false rumors about violence, cancellation or a lucrative contract offer. They are all false.
Together, in solidarity, we can prevail but it will require our hard work and commitment. I know we are together in this struggle.
If not now, when? If not us, who?
TO: Executive Board Members
Council Leaders
DATE: December 30, 1999
SUBJ: Replacement of the State Chief Negotiator
Please find attached a letter we received yesterday from GOER informing us that Rebecca Caudle will serve as the new GOER designee for the PS&T bargaining unit. Ms. Caudle is a trained labor lawyer who worked as an Associate Counsel for PEF from 1985-1991. As a result, we know her well and respect her professionalism.
We hope that this change will bring a better outcome to the negotiations process, especially in light of the recently concluded collective bargaining agreements with the Thruway and Mass Transit Authorities. Our next scheduled negotiations session with GOER is January 11.
Roger E. Benson
Attachment
cc: PEF Staff
Dear Mr. Benson:
This is a follow up to my December 16th letter informing you that Robin Bramwell will no longer be the State Negotiator for the PEF negotiations.
Because I indicated that I would let you know when her replacement was named, I would like to advise you that I have formally appointed Ms. Rebecca Caudle as the Governor's Office of Employee Relations designee for the PS&T bargaining unit.
If you should have any questions, please let me know.
Sincerely,
Linda Angello
Director
TO:
OfficersWe recently received the attached memorandum from Justin Fisher, EAP Program Manager, regarding the termination of Employee Assistance Program (EAP) training programs and curtailment of travel reimbursement for EAP Representatives. Based on this memorandum and our oral communications with representatives of the EAP, GOER and the Governor’s Office, we understand that training and travel have been curtailed due to lack of ongoing funding while Statewide negotiations continue with PEF, CSEA and NYSCOBA.
We have been assured that these actions have been taken to preserve limited resources for EAP staff salaries and thereby to continue providing EAP benefits to State employees while negotiations continue. We are nevertheless concerned about the possible gradual shutdown or “sunset” of EAP program benefits that these actions may signal. We are also concerned about the suggestion in Mr. Fisher’s memorandum that new EAP Coordinators may not be indemnified for advice or referrals made in the course of their activities as EAP Coordinators absent training that is now unavailable.
We are engaged in discussions with the State to address these issues. We have also filed a grievance alleging a violation of Article 10 of the PEF/State Agreement. On November 29, we also filed an improper practice charge with PERB alleging a “sunset” of a portion of the EAP program. However, the Assistant Director of Public Employment Practices at PERB has judged that charge deficient on the ground that nothing in Article 10 compels the State to provide travel or training. We are reviewing that decision. Finally, we question and are reviewing whether new EAP coordinators can be deprived of indemnification as suggested in Mr. Fisher’s memorandum under Article 37 of the PEF/State Agreement and/or the Public Officers Law.
Please feel free to contact Roger Scales at 1-800-342-4306 ext. 229 or Elizabeth Hough at ext. 223 if you have any questions regarding this.
Roger E. Benson
Cc: Regional Offices
Roger Scales
Bob Carrothers
William Seamon
TO: Statewide Officers, Trustees, Regional Coordinators, Executive Board, and Council Leaders
FROM: Cliff Merchant
DATE: October 22, 1999
RE: Taxable Education Assistance - 1999 Semester
The Office of the State Comptroller (OSC) has contacted me regarding their plans to withhold taxes on taxable educational assistance benefits provided to state employees during the 1999 calendar year.
The IRS tax rules governing employer-provided educational assistance are the same in 1999 as they were in 1998. The Governor’s Office of Employee Relations (GOER) has been administering the PSTP Voucher and Voucher Alternative Programs since March 29, 1999. GOER provided OSC with a tape identifying PEF represented state employees who received an educational assistance benefit that they believe to be taxable. OSC will begin processing the withholding on these benefits commencing with the first payroll period for each payroll (administrative and institutional) in November 1999. PEF’s understanding of the process is that if the benefit is $300 or less the withholding will occur in one check, the first check in November 1999. However, if the benefit exceeds $300, the benefit will be divided into three equal parts and the withholding will occur in the two checks in November and the first check in December. Therefore the withholding for a benefit of $300 or less will be done in the November 3 institutional payroll or the November 10 administrative payroll. The withholding for a benefit of $301 or higher will be done for the institutional payroll in the November 3, November 17 and December 1 checks and for the administrative payroll in the November 10, November 24 and December 8 checks.
The taxable amount of the educational assistance benefits you received will be displayed on your pay stub along with the description “ED Asst-Tx” in the Earning portion of the stub. This taxable amount will increase you Federal, State and local income tax withholdings as well as your Social Security and Medicare withholdings in the payroll period(s) it is processed by OSC.
As you may recall, last January and February PEF, CSEA, OSC and GOER were discussing the problems caused by the State withholding taxes for the 1998 benefit in the last payroll in December 1998 and how future withholdings would be handled. These discussions were progressing positively and included input from all parties. However, GOER discontinued the discussions just prior to negotiations and no further discussions were held.
Although we are pleased that OSC is attempting to spread out the “pain” of the withholding of taxes on the educational assistance, PEF would have preferred that the withholding for the benefit provided in January 1999 would have taken place long before November 1999. Although the withholding will not be done in the Christmas Eve and New Years Eve paychecks, the timing is still very close to the holidays.
Enclosed are copies of the Payroll Bulletin and letter to Recipients of Educational Assistance Benefits, which can also be found on OSC’s web page at www.osc.state.ny.us/paysr/bulet123.htm, for your information. If you have any questions concerning the process you should contact your payroll office. If you or any of our affected members disagree that the benefit they received was taxable or they did not receive a benefit and are taxed they should contact Ms. Linda Betke at the Governor’s Office of Employee relations to determine why their data was transmitted to OSC and to correct any errors.
Please feel free to copy me on any correspondence to GOER on the taxability and withholding issues.
Cliff Merchant
Director, Education and Training
TO:
PEF Executive Board MembersDATE: September 2, 1999
SUBJ: PEF's Chief Negotiator
Effective today, after consultation with Irwin Bluestein, I have named Joe Buckley the Chief Negotiator for the PS&T contract negotiations. This change is motivated by Irwin's sensitivity to PEF's need to conserve its resources as we move into what appears to be a prolonged negotiations. Furthermore, Irwin, who has led the contract negotiations effectively since last August, has expressed the hope that a change in the leadership at the table may spur the bargaining process.
As you may know, Mr. Buckley has been made available at no cost by one of our international unions, SEIU. Since his involvement with the PEF Negotiations Team last May, he has demonstrated both a tenacious desire to get the best possible contract and a deep willingness to work with our Team. Prior to Mr. Buckley's deployment to PEF, he has had 30 years of experience negotiating contracts for SEIU locals and handling the most difficult assignments for both former SEIU President Sweeney and President Stern.
I want to extend my deep appreciation to Irwin Bluestein for his commitment and professionalism during his tenure at PEF. Irwin's deep knowledge of labor negotiations was invaluable during this time. He will remain in a consultant role to our Contract Team to assure continuity.
Please join me in welcoming and supporting Joe Buckley in this new and very demanding assignment. I am certain that he will provide the necessary leadership at the table to assure that we achieve the best possible contract.
Roger E. Benson
cc: Andrew Stern, SEIU
Anna Burger, SEIU
Dennis Rivera, SEIU
Sandra Feldman, AFT
Steve Porter, AFT
Alan Lubin, NYSUT
PEF Staff