The Communicator

June 2012

Monday
Mar072011

UPDATE - Sick Leave Credit Calculation

Contract Administration

TO:                   Executive Board Members and Council Leaders

FROM:           Elizabeth S. Hough, Director of Contract Administration

                     Lorraine Simpkins, Health Benefits Specialist

DATE:            March 4, 2011

RE:                UPDATE - Sick Leave Credit Calculation

 

In our memo dated February 17, 2011, we advised you that the Department of Civil Service (DCS) appeared to be planning to change the life expectancy tables used to calculate the value of the monthly sick leave credit that is used to offset a retiree’s share of health insurance premiums effective beginning April 1, 2011.  If this change were to be implemented, the result would be a lower lifetime monthly sick leave credit because of longer life expectancies.

We are pleased to report, that in response to a “cease and desist” demand letter from PEF,  the Governor’s Office of Employee Relations (GOER) has now advised us that DCS will not be implementing this change effective April 1, 2011.

The State is continuing to assert that they have the legal authority to unilaterally change the actuarial tables at a future date without PEF’s consent.   Our position remains that the formula used to calculate the sick leave credit is a mandatory subject of bargaining and that the State cannot unilaterally change the formula because it would be a violation of the terms of the 2007-2011 PS&T Unit Agreement.

However, despite this continuing difference of opinion, DCS and GOER have at least agreed that, employees should be given “adequate” notice prior to the implementation of a change in the formula used to calculate the sick leave credit.  GOER has informed us that, should DCS decide to change the life expectancy tables at a future date, it will not be done without “adequate” notice to employees.

We will keep you informed if we receive any new information suggesting that DCS is proceeding with implementation of any change in the formula used to calculate the sick leave credit on a new timetable.

Friday
Aug132010

LM-30 Reporting to the U.S. Department of Labor Follow Up Memo

Office of General Counsel

TO:           Statewide Officers
                Executive Board Representatives
                PEF Staff

FROM:      Rita J. Verga

DATE:       August 13, 2010

RE:           LM-30 Reporting to the U.S. Department of Labor

                Our File No. 7029-P

This is an update to Counsel’s December 18, 2007, March 31, 2008 and March 4, 2010 memoranda concerning LM-30 reporting requirements, which are available at www.pef.org.

As we previously reported, effective January 1, 2008 the U.S. Department of Labor (“DOL”) expanded reporting requirements for individuals who may be required to file annual reports (LM-30) with the Department’s Office of Labor-Management Standards (“OLMS”) if they meet the conditions for reporting.  The expanded reporting requirement stemmed from the Bush Administration DOL’s redefinition of the term “labor organization employee” to include individuals who are not employed by their union, but who perform union work during their work day, and are paid for that time by the employer.  Thus, the new filing requirements were aimed at identifying how much employer-paid time is spent on union business, by union stewards and local leaders.  As a practical matter, the filing requirements never went into effect because the Obama Administration DOL gave filers a choice of using the old form or the new form.

The Obama Administration DOL has proposed a rule to repeal the changes to the LM-30 Form that were adopted by the Bush Administration.  The public comment period for this rule closes on October 12, and the AFL-CIO will be submitting appropriate comments.  Practically speaking, payments made by an employer under a union leave or no docking policy once again would not be required to be reported on Form LM-30.

We will continue to apprise you of developments in this area.

 

RJV/jbc

Wednesday
Aug042010

Restoration of Article 15 Tuition and Professional Development Programs

 Memo

 

TO:     Statewide Officers
           
Regional Coordinators
          Executive Board
          Council Leaders                     

DATE:  August 4, 2010

RE:     Restoration of Article 15 Tuition and Professional Development Programs

I am please to inform to that PEF has been notified that the Article 15 Professional Development Programs that were suspended April 28, 2010 due to the delay in passing the State Budget are being restored.

Program Restoration:

On August 4, 2010 a new notice regarding the restoration of these programs will appear on the GOER website (http://www.goer.state.ny.us/Training_Development/PEF/tuition/index.cfm).  The websites for each program are also accessible from the PEF website by clicking the red  “Tuition and Professional Development” button on the home page.

Various Reimbursement Programs:

On August 5, 2010 payments will begin to be processed for the following programs where applications have been file by members since April 1, 2010 to date for reimbursement for qualifying expenses incurred in the 2010 – 2011 fiscal year:

  • College Tuition Reimbursement (CTR) Program
  • Workshop and Seminar Reimbursement (WSR) Program (former VALT program)
  • Nurses’ Enhanced CTR and WSR Pilot Programs
  • The Certification and Licensure Exam Fee Reimbursement Program

If you filed an applications for reimbursement under these programs for qualifying expenses incurred between April 1, 2010 and August 16, 2010 your application will be processed and reimbursement checks issued if the applications are complete and meet the eligibility requirements. 

If you have incurred expenses that qualify for reimbursement and completed the course or exam under one of these programs between April 1, 2010 and August 5, 2010 but have not filed an application you must do so by September 16, 2010.

If you have incurred expenses that qualify for reimbursement under one of these programs that began after April 1, 2010, but have not completed the course or exam, you must file an application for reimbursement in accordance with the program guidelines (i.e. within 60 days of completion of the course, workshop, seminar or exam).  Applications received after this date will be denied as late.

Voucher Program:

On August 16, 2010 the 2010 – 2011 Voucher Program for PS&T Unit employees, including the enhanced nurses voucher pilot program, will be restored and will provide Vouchers for courses that commence on or after August 16, 2010.   

All applications for these programs must be completed online using GOER’s new online application system.  The online application process is mandatory, but this system is beneficial to our members.  They will receive e-mail notifications of receipt of the application, e-mails as the application proceeds through processing the issuance of a check and the ability to view their individual history of continuing education using these programs. 

Go to http://www.goer.state.ny.us/Training_Development/pstp_online.cfm and create an account so that you can apply, view and track your applications and view your history.

Additional information will be available on the GOER website, which you can access directly at http://www.goer.state.ny.us/Training_Development/PEF/index.cfm or through a link on the PEF website (www.pef.org).

If you have questions or concerns you can contact the Cliff Merchant or Kim Loccisano in the PEF Education Department at extension 328 or by e-mail to cmerchant@pef.org or kloccisano@pef.org.

Monday
Aug022010

Cost of Reimbursing Medicare Part B Premiums to be Included as NYSHIP Premium Component

 Memo

 

TO:          Executive Board and Council Leaders     

FROM:       Lorraine Simpkins, Health Benefits Specialist
                Deborah Stayman, Health Benefits Specialist                

DATE:       August 2, 2010

RE:          Cost of Reimbursing Medicare Part B Premiums to be Included as NYSHIP Premium Component – REVISION TO 7/23/10 MEMO

In our memo dated 6/11/10, we advised you that the Assembly and Senate had passed emergency budget legislation mandating that the cost of reimbursing Medicare Part B premiums be included as a component of the New York State Health Insurance Program (NYSHIP) premiums.  Prior to this change in law, the State paid the full cost of reimbursing Medicare Part B premiums to Medicare-primary NYSHIP enrollees.  The law now requires that, retroactive to 4/1/10, the cost of Medicare Part B premium reimbursement be shared by the State and NYSHIP enrollees.  Although this change does not modify the percentage enrollees pay for individual coverage (10%) and family coverage (25%), it will result in NYSHIP rate changes effective 10/1/10.

Special Option Transfer Period

As a result of these rate changes, there will be a Special Option Transfer Period from 8/2-8/31/10.  A flyer announcing the Special Option Transfer Period and notifying NYSHIP enrollees of the rate changes will be mailed to enrollees’ homes no later than 8/4/10.  The flyer will be posted today on the Department of Civil Service website at www.cs.state.ny.us.  Unlike the annual Option Transfer Period at the end of the year, online option changes using MyNYSHIP will not be available during the Special Option Transfer Period.

Employees enrolled in the Pre-Tax Contribution Program may only change options under certain circumstances.  For example, if an employee’s premium cost is increasing, s/he may change to a lower cost option.  Other option changes that are allowed will be identified in the flyer.

The new premium deductions will begin on 9/29/10 for Administration Lag Payroll employees and 10/7/10 for Institution Lag Payroll employees.

 

NYSHIP Rate Changes

For PEF-represented employees enrolled in the Empire Plan, the rates will change as indicated below.

Empire Plan Coverage
 1/1/10 Rate
 10/1/10 Rate
 $ Change
 % Change
 
Individual
 $22.97
 $27.38
 $4.41
 19.2%
 
Family
 $99.60
 $110.57
 $10.97
 11.0%
 

The new rates include the retroactive premium owed for the six-month period 4/1 through 10/1/10 making the rates higher than they would have been had the change been implemented on the effective date of 4/1/10.  In other words, the 10/1/10 increases of $4.41 and $10.97 reflect nine (9) months of the employee’s share of the Medicare Part B component compressed into the monthly rates for the remaining 3 months in plan year 2010.  Had the Medicare Part B component been added to the NYSHIP rates on the effective date of 4/1/10, the increases in the biweekly deductions would have been one-third less as indicated below.

Empire Plan Coverage
 1/1/10 Rate
 4/1/10 Rate

(If premium deductions had changed effective  4/1/10)
 $ Change
 % Change
 
Individual
 $22.97
 $24.44
 $1.47
 6.4%
 
Family
 $99.60
 $103.26
 $3.66
 3.4%
 

When the new plan year for 2011 begins on the closest pay date to January 1st, the employee premium deduction for the cost of the Medicare Part B component will decrease from the $4.41 and $10.97 amounts (which includes the retroactive premium owed) and be closer to the $1.47 and $3.66 amounts (which does not include any retroactive premium owed).  The exact amounts won’t be known until the premium rates for plan year 2011 are developed later this year.

For PEF-represented employees enrolled in an HMO option, the rates will change as indicated on the attached page.  The rates for individual coverage will be decreasing for all but three (3) HMO options and the rates for family coverage will be decreasing for all but one (1) HMO option.

The rate decreases are a result of the method the State uses to:  1) calculate the employer share of the HMO premium rates; and 2) calculate the premium cost of reimbursing Medicare Part B.

  • Employer Share of HMO Premium - For HMO enrollees, the State’s dollar contribution for the non-prescription drug components of the HMO premium does not exceed its dollar contribution for the non-prescription drug components of the Empire Plan premium.  We refer to this as the HMO Employer Premium Cap.  An HMO enrollee pays 100% of the amount exceeding the HMO Employer Premium Cap.  The addition of the cost of reimbursing Medicare Part B in the Empire Plan premium raised the State’s dollar contribution for the non-prescription drug components of the Empire Plan premium.  As a result, the amount an HMO’s premium exceeds the cap is decreasing thereby reducing the employee’s premium cost.
  • Medicare Part B – In calculating the cost of reimbursing Medicare Part B premiums, the State uses separate rating pools for the Empire Plan and all of the HMO options combined.  There are far fewer Medicare-primary individuals enrolled in the HMO options than in the Empire Plan.  The result of this is that the State’s cost for reimbursing Medicare Part B is lower for the HMO options.  The premium cost to HMO enrollees for this component of the rate is, therefore, lower.

PEF has already filed contract grievances challenging in its entirety the change in law allowing the State to include the cost of reimbursing Medicare Part B in the NYSHIP premiums.  In addition, we are also reviewing the method the State has chosen for calculating the premium adjustments necessary to implement this change and whether there are contractual and/or legal justifications for challenging the State’s methodology.

If you have any questions, please contact Lorraine Simpkins or Deborah Stayman at PEF headquarters, ext. 283.

 

cc:   Robert Carrothers, Director of Labor Relations

       Elizabeth Hough, Director of Contract Administration

Friday
Jun112010

Announced “Potential Government Shut Down” 

 Memo

 

TO:               Executive Board Members and Council Leaders

FROM:          Bob Carrothers
                       Director of Labor Relations

DATE:           June 11, 2010

RE:               Announced “Potential Government Shut Down”

 

The Governor’s Office of Employees Relations notified us today that if an emergency appropriation bill is not passed on Monday, June 14, 2010, non-essential State employees will be directed to remain at home on Tuesday, June 15. Conversely, employees identified as essential will still be required to report to work. Many of you have by now certainly seen information issued by your agency management to this effect.

We are receiving numerous questions regarding what our bargaining unit members should do on Tuesday. Employees should follow the directions they receive from their management regarding whether they are deemed essential or not and whether they are directed to report to work or remain home on Tuesday.

We obviously dispute the Governor’s authority to direct State employees to remain at home in these circumstances and will take all appropriate action to protect our member’s contractual rights. However, the principle of “work now, grieve later” applies here, follow your management’s direction on Tuesday.

Please continue to check the PEF website for updates as this situation develops.