Flex spending accounts for PEF members now open for enrollment 

The 2024 open enrollment period for Dependent Care Advantage Accounts (DCCA), Health Care Spending Accounts (HCSA), and Adoption Advantage Accounts runs from November 1 to December 11, 2023. 

These flexible spending accounts are state employee benefits that allow payment for certain expenses with pre-tax dollars.  

HCSA 

This account lets you set aside any amount from $100 up to the maximum contribution of $3,200 for the 2024 plan year to pay for health care expenses that are not reimbursed by health insurance or another benefit plan. Only medically necessary medical, hospital, dental, vision, hearing, and prescription medications for you, your spouse, and eligible dependents can be reimbursed or paid for by your HCSA. The account provides carryover, allowing you to use the remaining balance, up to a maximum of $610, from your 2023 account toward eligible expenses in 2024. 

DCAA 

This account allows you to set aside pre-tax money up to $5,000 or $2,500, based on your tax filing status, to pay for eligible childcare, elder care, or disabled dependent care expenses while you are at work. Eligible employees can enroll without setting aside their own money and still be eligible to receive the contractual employer contribution. 

If you file Married Filing Jointly, the IRS $5,000 maximum contribution rule is applied. If both you and your spouse participate in a DCAA, the total household contribution is limited to $5,000. If you file Head of Household, the maximum contribution is $5,000. 

If you or your spouse earn less than $5,000 annually, you cannot put more money into the account than your income or your spouse’s income — whichever is less. If you file Married Filing Separately, the IRS limits contributions to $2,500 and if you file Single, the limit is $2,500. 

The program provides a grace period of two-and-a-half months, or until March 15, 2024, to incur expenses that can be reimbursed from your 2023 balance. 

“PEF successfully negotiated for the state to increase its employer contribution level by $200 per participating employee, starting in 2023, and this increase continues for the 2024 program year,” President Wayne Spence said. “Amid high inflation, every penny saved counts.” 

Adoption Advantage Account 

This account allows you to pay for expenses related to the adoption of an eligible child with pre-tax dollars, up to a maximum of $16,810. 

Click here to access the PEF memo on these flex spending accounts. You can view full plan details here. Enroll online, by telephone at (800) 358-7202, or by scanning the QR code on the memo. You will need your NYS EMPLID number, located on your paystub, to enroll. 

— Kate Stickles 

PEF to State Senate: Fix Tier 6 and increase compensation to attract and retain State workers

Vice President Randi DiAntonio testified before the Senate’s Civil Service and Pension Committee on October 11
PEF Vice President Randi DiAntonio testifying before the Senate’s Civil Service and Pension Committee.

Vice President Randi DiAntonio testified before the Senate’s Civil Service and Pension Committee on October 11, urging the state to reform pension plans; fix compensation and the lag payroll system; and combat bullying in the workplace to attract much-needed talent. 

“Since 2021, the state has lost 16,858 employees due to attrition,” she told the committee, chaired by Sen. Robert Jackson, a former PEF member. “This is the highest level of attrition recorded in the decade that the report has been compiled by the Office of the State Comptroller. 

“Staff are fleeing state employment,” DiAntonio said. “We hear it from our members: they can earn more in the private sector. Our members are frustrated they can’t do their jobs effectively or efficiently due to the lack of staff and they are tired of being overworked and undercompensated.” 

Lack of staffing at New York agencies profoundly inhibits the state’s delivery of public services – from public safety, to support programs for the incarcerated, to appropriate care for the most at-risk residents, to the safety of roads and bridges, and so much more. 

Using the insight of the employees who are actually delivering these public services, PEF proposes the following solutions to improve recruitment and retention of State workers. 

Tier 6 

“The state retirement plan was once called the ‘career plan,’” DiAntonio said. “That is because defined benefit plans are designed to reward longevity and service. The Tier 6 plan does not provide incentives to remain in state service.” 

The Tier 6 improvements PEF supports include: 

  • Reduce the mandatory contribution for Tier 6 members to 3% 
  • Reinstitute the 2% FAS calculation at 20 years of service (currently it’s 1.5%)  
  • Reduce retirement eligibility from age 62 OR age 55 with 30 years of service 

At the New York State Fair this summer, PEF collected more than 5,000 letters calling for New York to “Fix Tier 6!” 

“A wise state Senator once famously said, ‘Tier 6 sucks,’” she said. “We agree wholeheartedly. It is probably the subject that members bring up most often when discussing their concerns with state service. 

“PEF thanks you for successfully reducing the vesting period from 10 to 5 years and temporarily excluding overtime from the calculation of employee contributions,” PEF’s written testimony to the committee stated. “We implore you to continue correcting the pension problem.” 

Fix Tier 6

Compensation 

The union continues to advocate for a comprehensive pay grade study to ensure the state increases compensation for all titles to be more competitive with the private sector. 

“PEF members are professional, technical, and scientific staff,” DiAntonio said. “Most have advanced degrees and are sought after by private industry. PEF is very pleased that the Governor advanced and the Legislature approved a proposal to examine the civil service pay structure. This is long overdue and must be a top priority. PEF believes every state title requires an increase of at least two pay grades to keep pace with inflation and the private sector.” 

The lag payroll system is also an impediment to recruitment. 

Established decades ago, the system requires new State hires to wait two pay periods before they get their first paycheck, plus they are subject to an additional withholding equivalent to one day’s pay in each of the first five pay periods. 

The fifth pay period after they are hired is the first instance new employees receive a full paycheck. 

“There are very few potential new hires, especially those fresh out of college with loan debt, who can afford to wait five weeks before getting their first full paycheck,” the union’s testimony stated.  

End BullyingBullying 

PEF continues to field concerns from members, especially nurses and health care professionals, about the state’s toxic work culture and argues there needs to be further consideration and action. 

“PEF has worked with the Legislature to introduce legislation to codify actions in the workplace that constitute ‘bullying’ and ‘abusive conduct,’” PEF’s testimony states. “This legislation would require all state employees receive training to identify inappropriate conduct with the hope of preventing it.” 

The bill was passed by the Assembly last session and PEF will be lobbying for Senate approval when the new session begins in January. 

To read PEF’s full testimony, click here. 

To watch video of Vice President DiAntonio’s testimony in front of the committee, click here (testimony begins at 1:15). 

PEF condemns Hamas attacks

PEF President Wayne Spence issued the following statement on Oct. 9 concerning the Hamas attacks in Israel.

“PEF joins our parent union, AFT, in condemning the attacks by Hamas against innocent civilians in Israel. Israel is now justifiably defending itself.   We grieve for all those who are suffering, including those in our union community who have friends, family and other ties to the region.  Our hearts go out to all the families who have lost loved ones in these senseless acts of terrorism by Hamas.”

PEF members, leaders call for respect at rally against toxic work environments

Toxic Workplace Rally

During lunch on September 21, the PEF Executive Board, joined by rank-and-file members, marched from the Albany Hilton to Empire State Plaza, loudly and proudly calling for respect in the workplace and denouncing toxic environments. 

Members held signs emblazoned with “WORKPLACE RESPECT, NOT BULLYING” and “END BULLYING, EMBRACE RESPECT, CHANGE STARTS AT THE TOP!” Some signs called out Office of Employee Relations (OER) Director Michael Volforte for failing to curb the problem and protecting toxic managers. 

The union has heard from many members about bullying, harassment, and discrimination by management against union members in state agencies across New York. 

“We can’t allow this behavior to continue,” said President Wayne Spence. “No one should have to go to work and feel unsafe or be harassed. Enough is enough! PEF members are sick and tired of being disrespected and demeaned by bullying managers who aren’t heeding Gov. Hochul’s directive to make New York ‘the most worker-friendly state!’” 

Members cited failure to resolve issues at the agency level and called for immediate change. 

“At Five Points Correctional Facility, we have used multiple different avenues this past year to address these concerns – beginning with the chain of command, local management and state agencies; we filed complaints and continued to use the union to reach a resolution, all while watching good people continue to be victimized, transferred, or leave DOCCS (Department of Corrections and Community Supervision),” said PEF Member Leslie Crane. “It’s time to prioritize the wellbeing of our workforce and that begins with a culture shift, where every voice is heard and valued, regardless of their rank or position.  

At the State Education Department (SED), PEF Executive Board member Mickey Dobbin said a toxic workplace is the number one issue he hears from his members. 

“I’m glad PEF is standing up for its members against toxic workplace and bullying,” said Dobbin. “We have brought this issue to labor management time and time again and they don’t care, they just let it go. They say they don’t believe us, despite all our evidence. People should be able to walk into their workplace and know that they are protected, know that they can stay safe, know that they can be respected. It’s ridiculous and it must stop.” 

The union successfully drafted legislation last session that was passed by the Assembly Majority to address workplace bullying and abusive conduct through education and training. PEF will continue to push the legislation in 2024 and call on the state to create uniform standards to define bullying and abusive conduct in the workplace. 

“The state has regulated sexual harassment, but not other unacceptable activities,” Spence said. “The state needs to set uniform standards on activities that aren’t acceptable in the workplace and educate employees and employers on those standards. We hope the governor will ask somebody independent of OER (the Office of Employee Relations) to look at this issue. Maybe the governor will ask the Inspector General’s Office to create a task force to look at some of these cases.” 

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An open letter from PEF President Wayne Spence:
It’s time for New York to clean up its toxic workplaces
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Toxic Workplace Rally

By KATE STICKLES 

PEF rallies to end toxic NYS work environments and expose bullying managers

Contact: Communications Director Rob Merrill, rmerrill@pef.org

ALBANY, N.Y. – The Public Employees Federation (PEF) held a rally Sept. 21 at the New York State Capitol in Albany to shed light on the toxic environments many state workers face, from bullying, to harassment, to discrimination against union members.

Marching from the Albany Hilton to Empire State Plaza, 150 members and leaders of PEF carried signs emblazoned with messages like “No More Fear! Standing Strong Against Workplace Bullying!” and “End Bullying, Embrace Respect: Change Starts at the Top!” Members shared stories of abuses they’ve faced on the job when working for a bully, such as repeated and unreasonable actions intended to intimidate, humiliate, undermine, or degrade them.

“We are sending a message that this behavior is unacceptable,” said PEF President Wayne Spence. “We as a union are going to start calling out ineffective managers who engage in this type of behavior. No one should have to go to work and feel unsafe or be harassed.

“The 50,000 members of PEF are dedicated professionals who provide vital public services for the people of New York,” Spence said. “Unfortunately, ‘professional’ doesn’t apply to everyone employed by the state. Many state workers walk into toxic workplaces created by their managers every day.”

The union successfully drafted legislation last session that was passed by the Assembly Majority to address workplace bullying and abusive conduct through education and training. PEF will continue to push the legislation in 2024 and call on the state to create uniform standards to define bullying and abusive conduct in the workplace.

“It’s unconscionable that our state government allows this type of behavior to exist,” Spence said. “These bullying managers aren’t heeding Gov. Kathy Hochul’s directive to make New York ‘the most worker-friendly state!’ We need change now. Actions, not words. Enough is enough!”

PEF members work in more than 3,000 different titles in every state agency, including nurses, social workers, doctors, engineers, counselors, parole officers, lawyers, IT specialists, teachers, habilitation specialists, therapists, and many more.

==============================================================================
An open letter from PEF President Wayne Spence:
It’s time for New York to clean up its toxic workplaces
==============================================================================

It’s time for New York to clean up its toxic workplaces

An open letter from PEF President Wayne Spence:

The 50,000 members of the union I lead, the New York State Public Employees Federation, are dedicated professionals who provide vital public services for the people of New York.

Unfortunately, “professional” doesn’t apply to everyone employed by the state.

Many state workers walk into toxic workplaces created by their managers every day. From bullying, to intimidation, to harassment and discrimination, the issues that come to our attention as a union come in all shapes and sizes.

A manager sat at a member’s desk and sent an email, pretending to be the member, saying unions are a sham and he was resigning from his union post. That manager was promoted three weeks later.

That’s unacceptable!

A manager at the Office of Children and Family Services routinely issues PEF members Counseling Memorandums for union activity and refuses to meet in good faith regarding any labor management or health and safety issues.

That’s unacceptable!

At the Syracuse office of the Department of Health, we’ve received several reports of the same three rogue managers, some from Health Research, Inc., leading the hateful treatment of a long-term state employee. These dedicated civil servants are human beings. We teach children that everyone is entitled to respect and dignity. How pathetic is it when adults can’t abide such a basic lesson in humanity?

It’s unconscionable that our State government allows this type of behavior to exist.

These bullying managers aren’t heeding Gov. Kathy Hochul’s directive to make New York “the most worker-friendly state!”

As a union, we are going to start calling out these toxic managers when we encounter them and demand a safer, more respectful workplace for all.

PEF is thankful to the Assembly Majority for passing our bill to end bullying and abusive conduct in the workplace. This bill would require the state to define activities that constitute workplace “bullying” and “abusive conduct” and require training for managers and employees on those standards. It is an important step toward ending the toxic workplace culture that continues at too many state agencies. Until we do that, New York will continue to find it difficult to attract and retain the workers the state needs to fill thousands of vacant jobs. And that will mean a continued reliance on overtime to deliver state services, a cost that amounted to more than $1.3 billion last year for 22 million overtime hours.

We need change now. Actions, not words. Enough is enough!

Wayne Spence
President, New York State Public Employees Federation

======================================================================================
News coverage: PEF held a rally on this issue on Sept. 21 at the State Capitol
======================================================================================

PEF officers, volunteers gather petitions to raise support and awareness for unionizing local Starbucks 

PEF officers, volunteers gather petitions to raise support and awareness for unionizing local Starbucks 
From left to right: Volunteers Lynda Ames and Steve Redler, Region 8 Coordinator Danielle Bridger, Trustee Bruce Giddings and PEF Secretary-Treasurer Joe Donahue.


Sept. 14, 2023 — “Starbucks claims to be a progressive company, but when it comes to respecting workers’ rights, you’re anything but progressive. As Starbucks customers, we are calling on you to stop stalling, get to the bargaining table, and negotiate a fair contract. No Contract, No Coffee!”
 

That’s the petition PEF activists and volunteers asked Starbucks customers to sign the morning of Sept. 14 at the 549 Troy-Schenectady Rd, Latham, location as part of SEIU’s Starbucks Worker Solidarity Day of Action. 

PEF Secretary-Treasurer Joe Donahue manned the drive-thru, while Trustee Bruce Giddings, Region 8 Coordinator Danielle Bridger, and volunteers Lynda Ames and Steve Redler gathered signatures from those going in and out of the building. 

They had gathered a good number of signatures by 8 a.m. 

“Overall, I think it went well,” said Donahue. “There were those that looked right through me as they drove by, but for those that stopped and asked what I was doing, they were overwhelmingly supportive and wished us well in our endeavor.” 

“It has been better than I anticipated,” Giddings said. “This is a busy location and it’s sometimes tough to get people to stop since they are in a hurry. Younger people are more likely to sign. But a lot of people have been commenting that the Starbucks workers deserve the support.” 

Bridger said many people coming in and out of the store have been supportive and are also union members. 

“They are very busy here and they deserve to have a fair wage,” she said. 

Ames and Redler, both longtime union members themselves, know the importance of union membership and said they were there to support the workers who deserve fair wages and a voice at work. 

SEIU targeted not-yet unionize Starbucks stores across the country to raise customer awareness about the workers’ right to join the union and urge them to exercise their power as consumers to help workers win the union. 

By KATE STICKLES 

Celebrating a summer of wins this Labor Day 

The Los Angeles Times, in reporting on recent organized labor wins, recently coined the phrase “Hot Labor Summer.” Here at PEF, we certainly agree! 

PEF’s big win this summer, of course, was ratifying the 2023-2026 PS&T Contract, which contains more than $1 billion in “new money” for members and no major givebacks, a testament to the importance of the work our members do every day for the people of New York.  

From annual 3% base salary increases to the new Higher Education Differential and dental stipend, PEF showed the power of the labor movement at the bargaining table and what we can achieve when we come together. 

Elsewhere in the U.S., Hot Labor Summer meant safer working conditions for 340,000 UPS workers, and an ongoing strike by the Writers Guild of America and the SAG-AFTRA union, as well as continued organized labor actions at Starbucks and Amazon.

Observed the first Monday in September, Labor Day is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late 19th century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being. 

Union leaders were at the forefront of creating Labor Day in 1882.  

There is some debate about who founded the holiday, with some looking to Peter J. McGuire, the general secretary of the Brotherhood of Carpenters and Joiners and co-founder of the American Federation of Labor, and others to Matthew Maguire, who was serving as secretary of the Central Labor Union in New York. 

Regardless of the who, the day came about because of the deplorable working conditions of the late 1800s during the height of the Industrial Revolution, when the average American worked 12-hour days, seven days a week, and children as young as 5 or 6 were put to work in mills, factories, and even mines for little pay. 

On Labor Day, remember what unions gave us – the 8-hour workday, weekends (for many of us!), safety in the workplace, equality for workers, and, of course, increased wages.

PEF wishes every member a very happy Labor Day!

PEF members educate NYS Fair patrons about state services

On opening day of the New York State Fair August 23, PEF members were ready and waiting at state agency booths with giveaways and, more importantly, information for fairgoers. 

NYS Fair LogoFrom the Office for People With Developmental Disabilities, to Parks, Recreation, and Historic Preservation, to the Department of Environmental Conservation and many more, members shared with the public what their agencies do for New Yorkers. 

At an OPWDD booth in one building, a table was covered in colorful sticky notes and a PEF member instructed fairgoers to look at large photos of people with disabilities and pick one word to describe what they felt when looking at those photos. 

Answers ranged from “Happy” to “Friend” to “Strong” and were a visual way to portray part of the agency’s mission. 

At a Department of Transportation booth, a large crosswalk sign, complete with a functioning “walk” button, sat in the middle of a fair building – a blinking beacon to the booth where PEF members shared information about upcoming walking path projects and fielded questions about the Interstate 690 and Interstate 787 improvement projects. 

Manning a desk in the DEC Aquarium building, PEF members urged the public to subscribe to DEC’s “The Conservationist” publication and be entered into a giveaway to win a lifetime hunting or fishing license. 

As PEF staff introduced themselves to members at various booths and welcomed them at the PEF booth in the Center of Progress building, some members expressed gratitude for the recently ratified PS&T contract and had questions about when to expect retros and ratification bonuses, while others were interested in joining union leadership ranks. 

Wherever they were stationed at the fairgrounds, PEF members were front and center among vendors and the numerous agency booths highlighted how integral state services are to the people of New York. 

“Our members are the backbone of state services and their involvement in the New York State Fair only solidifies that in the eyes of New Yorkers,” said President Wayne Spence. “These services are vital to so many people and sharing information about accessing them is crucial.” 

Investing in the fair’s future 

At the Expo Center, Gov. Kathy Hochul held a press conference on opening day to celebrate the fair and announce new initiatives in the coming years. 

“The Great New York State Fair is an incredible opportunity to celebrate our farmers, products, culture, and diversity,” Hochul said. “New York’s farmers and agricultural industry are essential to our identity, and I encourage New Yorkers and visitors alike to make the trip to this wonderful tradition and celebrate the Empire State’s bountiful treasures.” 

In line with the Taste NY program, Hochul said the state is working to increase local food at the fair. 

She is directing state agencies to increase the percentage of food sourced from New York farmers and producers to 30% of their total purchases within five years.  

Hochul also signed legislation to bring together students at the fair to develop innovative agricultural technologies as well as legislation to support smaller and newer fairs across the state while promoting youth involvement in agriculture and domestic arts. 

“Agriculture is the backbone of our state, and our state’s fairs are the perfect way of showcasing that – that’s why we’re taking major steps to support both our farmers and our fairs,” she said. “By increasing the amount of food State agencies must buy from local growers and producers, we are further investing in farm production and food processing in New York. We will continue taking bold action to support our next generation of farmers and the future of our agricultural industry for decades to come.” 

Read more! 

PEF members are involved in the logistics of the New York State Fair each year, including booking talent like this year’s Ludacris, Quiet Riot, and Salt ‘n Pepa, among others. 

It’s a full-time job and they are already beginning plans for the 2024 fair! 

You can read about their work here. 

Photos from the 2023 NYS Fair