Memos

UPDATE - Sick Leave Credit Calculation

Angelo Santabarbara — Mon, 07 Mar 2011 14:27:20 +0000

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.

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

Angelo Santabarbara — Fri, 13 Aug 2010 16:10:00 +0000

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

Restoration of Article 15 Tuition and Professional Development Programs

Angelo Santabarbara — Wed, 04 Aug 2010 17:18:00 +0000

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.

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

Angelo Santabarbara — Mon, 02 Aug 2010 15:35:00 +0000

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.

Announced “Potential Government Shut Down”

Angelo Santabarbara — Fri, 11 Jun 2010 16:24:00 +0000

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.

Retroactive Payment of April Salary Increases

Angelo Santabarbara — Fri, 11 Jun 2010 16:17:00 +0000

We have received confirmation from the Office of the State Comptroller that the retroactive payment of the April 2010 general salary increases (both the 4% across the board salary increase and, for eligible employees, the job rate parity adjustment) will be included in the August 4, 2010 paycheck for the Administrative payroll and the August 12, 2010 paycheck for the Institution payroll.

Early Retirement Incentive Questions and Answers

Angelo Santabarbara — Fri, 04 Jun 2010 15:43:00 +0000

Attached for your reference is a copy of general questions we have received regarding the 2010-11 Early Retirement Incentive (ERI) as well as a copy the Division of the Budget Bulletin regarding implementation of the incentive. PEF will be closely monitoring the implementation of the incentive to insure that it is as broadly applied as possible. As with the Voluntary Severance Package (VSP) we will be keeping track of members who have applied for the incentive and have been denied. Once the ERI window is open members who have been denied can provide this information through the PEF website. This information will be used to determine whether our members are being unfairly denied participation in the incentive.

Governor’s Actions Regarding Negotiated Pay Raises

Angelo Santabarbara — Wed, 14 Apr 2010 16:11:00 +0000

The governor’s recent actions regarding withholding of pay raises have generated many questions from our members concerning the status of our negotiated pay increases and bonuses, how the state budget process impacts the governor’s actions, and what potential actions are available to PEF to ensure that the state meets the obligations of our contract.

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

Angelo Santabarbara — Thu, 04 Mar 2010 16:07:00 +0000

This is an update to Counsel’s December 18, 2007 and March 31, 2008 memoranda concerning the revised 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.

New Promotion Examination Fees and Increased Open Competitive Exam Fees

Angelo Santabarbara — Wed, 18 Mar 2009 17:00:00 +0000

We have been getting a number of calls about the new promotion examination fees that appear on new examination announcements issued after March 13 and effective for exams administered on or after May 30. The fees for open competitive exams are also going to increase by $5. As you may remember the Department of Civil Service informed PEF about these new fees in January and we wrote about them in our January 23, 2009 memo to the Executive Board on the 30-day amendments to the Executive Budget.