POLITICAL ISSUES

October 25, 2008            LATEST UPDATE ON THE VSF LEGISLATION ISSUE

We wish to thank 1st Vice President John Regan for the following update:
Last week, I had the opportunity to speak to Philip Hecken, Legislative Assistant to State Sen. Kemp Hannon, Chairman of the Health Committee in Albany.
I reviewed the facts regarding the VSF legislation and asked him to go over it with Sen. Hannon and request the Senator's support of Senator Lanza's bill 3274-A.

On October 18th, I received a response from Sen. Hannon. In discussing the bill with Mr. Hecken, I used the Assembly Bill A05055 sponsored by Assemblyman Joseph Lentol, NY Senate Bill by Sen. Lanza, and the article from the Chief-Leader of June 13, 2008 (see below)
I am confident Sen. Lanza will appreciate having 35 or more letters of endorsement in his hands from fellow State Senators when he presents this legislation at the January 2009 opening session of the State Senate.

I encourage all our members or their families living in New York to contact their NY State Senators for their support of this bill and ask for your support of these legislators for your vote in the upcoming election.

Fraternally,
John Regan

Below is the response from Senator Hannon:

"Dear Mr. Regan:

Thank you for stopping by my Community Office and speaking with my Legislative Assistant, Mr. Philip Hecken, in regard to your support for Senate Bill 3274. I appreciate your taking the time to share your concerns with me.

As you are aware, the purpose of the legislation is to extend benefits of the variable supplements fund to all New York city Housing Police and Transit Police. Former members of the NYC Housing and Transit Police that retired from service after June 30, 1987 presently receive a supplemental benefit from the Variable Supplements Fund (hereinafter referred to as the "VSF"). The VSF was enacted into law as a result of a fact finders award in 1970 and was granted to members of the NYC Police and Fire pension funds who retired for service after October 1, 1968. In the mid 1960s members of the Housing and Transit Police were granted and given pay and retirement parity. However, the VSF was not bestowed upon similarly situated members of those two departments until legislation was enacted effective after June 30, 1987. As a matter of equity and fairness, the VSF should be granted to all members of the Housing and Transit Police who retired for service subsequent to October 1, 1968.

I have reviewed your concerns, and you have brought forth excellent points. As you know, this bill was not acted upon during the 2008 Legislative Session. I would expect that Senator Lanza, the sponsor of this legislation, will reintroduce this bill in 2009, at which time I will strongly consider supporting it.

I thank you again for stopping by and sharing your thoughts.

Sincerely,
Kemp Hannon
Sixth Senatorial District.

Our 1st VP should be congratulated for taking the time and effort to bring out the VSF issues to his representative as they relate to the retirees who are entitled to but do not receive the VSF benefits given to other retirees. This type of action, in addition to letter writing, is what is needed to boost our efforts to get the VSF bill passed. Take the time to contact your State Senator and Assembly person and get their support for our urgently needed legislation.

SEPTEMBER 14, 2008             LETTER FROM SEN. LANZA ON THE VSF LEGISLATION

VSF Legislation Chairman Joe Balzano recently received a letter from State Senator Andrew Lanza extolling the need to correct the total injustice to those eligible retirees who were denied the VSF. The highlights and italics are mine - Tony
"New York City is home to the greatest Police Department in the world. As the proud son of a retired NYC Police Officer, I appreciate the commitment and sacrifices that these men and women make to our community on a daily basis. This commitment prompts me to share the story of another family with a history rooted in the NYPD: Joseph Balzano was born into a family where police service was a tradition.   He is the son of a NYC police officer who died in the line of duty, and his son, Joseph, Jr., is a retired NYC police officer. As a family, they combine 66 years of law enforcement within the City of New York. Mr. Balzano was one of the most highly decorated police officers with the NYC Housing Police Department, yet he does not receive the $12,000 Variable Supplement Fund Benefit that his son receives. Mr. Balzano falls into a special class of retired Transit and Housing police officers that is not afforded the same Variable Supplement Fun Benefit as their peers in the NYC Police Department. I have pushed legislation in the Senate which would eliminate this injustice; however, the NY City Council has refused to vote a home rule message.

A brief history of the NYC Police Department shows that until 1995, there were three law enforcement departments in the City of New York. (1) the NYPD, (2) the NYC Housing Officers and (3) the NYC Transit Officers. During the 1960s, the City adopted a policy that established "parity" amongst the three departments of the day. Mayor Robert Wagner was aware that all three Police Departments were performing the same duties albeit under different umbrellas; essentially, they were enforcing law and order and making New York City a safer place to live. Over the years and throughout different administrations, compromises were made on behalf of each police union to maintain parity and keep all members on an equal footing. For example, one master list was established where police officers were assigned to one of the three departments based on the needs of the time. During times of fiscal crisis, police officers were laid off within all three police departments. Regardless of the situation, the policy decision to maintain parity across the departments remained in place.

Recently, Mr. Balzano, the Legislative Chairman for the NYC Retired Housing and Transit Police Officers shared with me the following story as an example of some of the legislative battles his union members endured over the years in negotiations with the state and city: "During a legislative session in the late 1960s, the NYC PBA President John Cassese, the Transit PBA and the Housing PBA introduced separate Heart Bills in Albany, and the only Heart Bill that was passed in both houses and was on Gov. Rockefeller's desk was the Housing Police Officers bill. So, I was called in to meet with Lt. Governor Malcolm Wilson and he told me that the Governor could not sign our bill at that time because there were some parity issues that needed to be hammered out. He also told me that all three bills would be signed during the next legislative session. True to this word, during the next session, parity was accomplished and all three NYC Police Departments had their Heart Bills.

I share this story with you because these men and women who worked as officers between 1968 and 1987 labored within a system that was based on parity and equity between all three unions. The in 1987, the Variable Supplement Fund Benefit (VSFB) was established by the State Legislature and signed into law for the Housing and Transit Officers. (Previously, only the NYPD received the VSFB) The VSFB promises a $12000 annualized benefit for all officers that have completed 20 years of normal service. At that time, shortly before the stock market crash of 1987, the VSFB needed some time to grow because the benefit could not be realized until it reached its threshold amount. This time of growth was realized relatively quickly with the rapidly expanding stock market of the 1990s.

In 1995, Mayor Guiliani merged the three departments into one NYPD, and through a Memorandum of Understanding (MOU), the Housing and Transit Departments were guaranteed their VSFB going forward. Mayor Guiliani definitely held the right intent to retroactively apply the VSFB to those members whose careers dated between 1968 and 1987, but because the MOU does not vary the same weight as legislation, the intent was never realized and there is a pocket group of retired officers that have been denied their VSFB. It pains me to say that these member's numbers are diminishing at a rapid rate. As recently as 2003, the estimated number of retirees in this group that were denied the VSFB was around 1200...today that number is approximately 900. Within the last few weeks, Mr. Martin McKeon (one of the leading advocates for this legislation and former President of the Retired Transit Police Officers Association) passed away at the age of 66. Unfortunately, Mr. McKeon will never realize the benefit that is rightfully his because of his service to the community. All police officers and firefighters in NYC today receives this benefit if they meet the requirements. The inequity that has occurred to the approximate 900 members left in this group is one that must not be overlooked.

One of the great and rewarding responsibilities of the legislature is to right wrongs where they exist. As Chairman of the Senate Civil Service and Pensions Committee I am addressing this inequity because I believe we must honor those that have served before us and deserve the fair and equitable benefits that we are afforded today. We must not let an unfilled loophole continue to exploit the inequity that exists within this shrinking class of officers. Almost all of the law enforcement unions around the City and state have voiced support for the NYC Housing and Transit Officers and it is time we do something to remedy this problem.

I would like to urge Gov. Patterson, Speaker Silver, Mayor Bloomberg and City Council President Quinn to work with me to correct the injustice these retired officers face. Let's put them on an equal footing. Equity, Fairness and Parity demands it.

September 12, 2008            LETTER FROM NYC COUNCIL SPEAKER CHRISTINE QUINN

Both Pres. Ed Russo and Ret. Sgt. John Kaim wrote letters to NYC Council Speaker Christine Quinn requesting her support for the Home Rule Message needed for action on the VSF legislation. Here is her response which is the same for both senders:
September 10, 2008

John Kaim

Dear Mr. Kaim,

Recently you wrote to me in support of extending the benefits of the variable supplements fund (VSF) for housing and transit police members of the New York City Employees' Retirement System (NYCERS).

First, on behalf of the entire New York City Council, I want to thank you for your many years of service to the people of New York City.  One needs only to look out across this great city of ours, the richest, safest and most dynamic in the world, to appreciate all that you have done, and we are deeply grateful for your service.

You may recall, in May, Jonathan Schwartz admitted to acting irresponsibly in his professional duties as an actuarial consultant to the State Legislature. As a result, Assembly Speaker Silver, together with the appropriate committee chairs, determined that new fiscal notes were needed for a number of proposals currently before the Assembly, including the new VSF bill for housing and transit police.

I realize how important this extension is to you and your members. As soon as the State determines the exact cost of this bill, the Council and I will have a better understanding of what our next course of action should be.

Thank you again for all your hard work, dedication and sacrifice.  If you would like to receive additional news and updates from the Council, please visit us online at www.council.nyc.gov. Just click on the "Sign-Up for E-mail Updates" link at the top of our website and select the issues that most interest you and your community.

Sincerely,

Christine C. Quinn

Speaker

July 27, 2008            LATEST UPDATE ON THE VSF LEGISLATION ISSUE

We wish to thank 1st Vice President John Regan for the following update:

On July16,2008, the Variable Supplement Fund Association ,Inc. held a strategy meeting chaired by Joseph Balzano at the Hunter Stake House in Brooklyn, N.Y. In attendance were President Ed Russo and myself from the New York City Retired Transit Police Officers Association, Sal Manna and Thomas McLaughlin of the NYC Housing Police Retirees, and Carmine Manzolillo of the NYC Housing Police 10-13 Club.

Of primary concern was the status of our efforts before the City Council to provide support for the Home Rule Message SLR 88 before the State and Federal Legislative Committee chaired by Councilperson Maria Baez. In addition, I would like to point out City Counsel Speaker Christine Quinn did not even respond to repeated requests for comments and support. I hope we all remember this if she places herself in a position to run for Mayor of the City of New York. This has been the dark side of our efforts.

Do we have a bright side? YES! We have also enlisted the help of our State Senate and Assembly Representatives. We have been fortunate to have State Senator Andrew J. Lanza, representing Staten Island�s 24th Senate District, introduce Senate Bill 3274-A.

In the State Assembly, Joseph Lentol, District 50, Kings County, introduced Assembly Bill A05055, extending the Variable Supplement Fund benefits to include NYC City Housing and Transit Police Officers who retired from service, as defined by the NYC Administrative Code. In addition, this bill is co-sponsored by Herman D. Farrell Jr. District 71, Manhattan, and Councilman Lou Tobacco 67^th District, representing the Tottenville section of Staten Island. Please send a note to these Representatives and State Senators for their support and efforts. In addition, when the State Senate and Assembly reconvenes in September, there is still time for your local representative to sign on in support of this effort. A personal visit to their District Office is an excellent opportunity to explain the legislative issue and encourage their support.

Prior to the closing of our Brooklyn meeting, Joseph Balzano was successful in contacting Senator Lanza and arranging a meeting for July 21^st at his Staten Island office. Senator Lanza is Chairman of the Senate Civil Service and Pension Committee, having an intimate knowledge of the issues we are addressing. This includes the justification, cost and legality. His closing comment at the meeting was: �They deserve equal treatment and I will support the bills."

If you need additional information concerning the VSF to present to your local Senator or Assembly Representative, the article in the January 13, 2008 issue of The Chief, provides an excellent wealth of information and insight. The Senate and Assembly Bills that I have presented in this article are available on the N.Y.S. State Senate and Assembly sites via a Web Search.

Fraternally,
John Regan

June 15, 2008                 UPDATE REPORT ON THE V.S.F. LEGISLATION ISSUE

The Association recently received information from VSF Legislation Chairman Joe Balzano of an article written in the June 13th edition of "The Chief"
by reporter
Mia Goldberg.
The following are excerpts from that article:

Pre-'88 Cops Shut Out: Housing, Transit Retirees Press for VSF Coverage
By MIA GOLDBERG
A group of retired Housing and Transit Police officers who say they've been wrongfully denied additional pension benefits are pressing the City Council to
approve a bill that would grant them the funds - but fear that time is running out for the measure to be acted on this year.

ANDREW LANZA: 'They deserve equal treatment.'

The Variable Supplements Fund (VSF) was created in 1970 after the city agreed to give uniformed members of the Police
and Fire departments a pension supplement retroactive to October 1968 in return for the right to invest their pension funds
in the stock market.

To circumvent state laws forbidding any reduction in pension funds, (and because the city did not want to commit to paying the
benefits indefinitely), the funds were defined as "non-pension'' - with payments directly tied to stock-market profits exceeding a
set level.

Now Pays $12,000 Annually

The city and the affected unions later agreed beginning in 1988 to change the VSFs into "Defined Benefit" plans which
have grown to provide eligible retirees an extra benefit of $12,000 a year.

JOSEPH L. BALZANO: A sense of urgency.

Union representatives of both the Transit and Housing officers, who at the time the VSFs were implemented
were not included because they were not members of the Police Pension Fund, later got the city to extend
the VSF benefits to their members who had retired after June 30, 1987. Prior to the merger of the Transit and Housing Police Departments into the NYPD in 1995, officers from those forces belonged to the New York City Employees' Retirement System.

Transit and Housing cops who retired between Oct. 1, 1968 and June 30, 1987 were excluded from the VSF, however, and have waged a thus-far futile campaign to be made eligible.

"All we want is parity," said Joseph L. Balzano, the legislative director for the Retired New York City Housing and Transit Officers.
A Housing Police Officer from 1954 until his retirement in 1977, Mr. Balzano and his colleagues continue to lobby state and city lawmakers
for coverage.

Former State Sen. John J. Marchi sponsored such a bill in 2003 and again in 2005, but neither was approved by the City Council, which must approve a home-rule message before Albany can act on matters concerning city workers and retirees.

His successor in Staten Island's 24th District, Andrew J. Lanza, re-introduced the bill in March 2007. "These officers who worked in transit and housing should be treated no differently than [those receiving benefits]," said Senator Lanza in a June 4 phone interview. "They stand by us every day, keeping us safe, and it's just as important that we support them and stand by them in return. We're hoping the City Council steps up and delivers a home rule that allows us to eliminate the unfair way these officers are being treated by the system."

Press Quinn to Act

He wrote to Council Speaker Christine C. Quinn urging her to approve a home-rule message last year.

Ms. Quinn, responding to a letter from another retired officer in November 2007, wrote, "We expect to reach a final decision in the spring when we have a clearer,
more complete picture of the city's outlook for the coming fiscal year."

In February, Senator Lanza again asked Speaker Quinn to act on the bill before the legislative session ends June 23.

The cost of the bill has caused another problem. Because of recent conflict-of-interest issues regarding notes written for the Legislature by an actuary who had
been employed by numerous unions, all notes that involve pension benefits are being re-evaluated by the state.

Senator Lanza's communications coordinator said June 3 that he is looking for a way to speed up that process with regard to the VSF bill. Fiscal notes for the
bill have ranged from approximately $15 annually in 2004 to $12 million in 2007 and $10 million in 2008.

A Dwindling Group

Mr. Balzano said, "They're trying to figure out the cost, but it's diminishing as we're dying." According to figures from NYCERS, as of January 2004 the bill
would have applied to 1,107 officers. As of May 19, the number had dropped to 940. "We're losing about 40 people a year," said Mr. Balzano bitterly.
"That's a lot of savings for [the city]."

A spokeswoman for Ms. Quinn in mid-spring stated, "The home rule message will be considered and evaluated by staff during the review process.
We are at the beginning stages of the review process of home rule messages, and as the review continues we will know more about what will happen in the spring."

As this newspaper went to press June 9, there has been no further reply from Ms. Quinn's office.

"If this bill does not reach the Governor's desk this year we will reintroduce the legislation next year ... it is and will continue to be a priority for us,"
said Mr. Lanza's spokeswoman."

But for Mr. Balzano and others, next year is not soon enough. "I'm 78 years old," he said. "I can't keep doing this forever."

Relative to the above article, we can only repeat Joe's advice to write and/or call your City Council representatives as he states here:

Contact the below listed City Council members and request the passage of the Home Rule Message SLR#88 needed for Senate Bill 3274 introduced by
Sen. Lanza and Assembly Bill 5055 introduced by Assemblymen Joseph Lentol and Herman D. Farrell.

Christine Quinn, Speaker of the City Council and the key person to approve the Home Rule Message at 212-788-6979
Council Member Maria Baez, Chairperson of the State and Federal Legislative Committee at 212-788-7074
Jake Herring, City Council Finance Division at 212-788-7271
Joseph Addabbo, Council Member and State and Federal Legislative Committee at 212-788-7069

Remember - the NY Legislature clock stops on June 20th so start calling and let Joe know what results you have received by contacting him at
jb711@optonline.net

April 30, 2008                 UPDATE ON HR 218

Thanks to Bill Sorrentino for getting this update on HR 218:

New York State DCJS reply

"Subject: RE: Statewide Certification
After significant consideration, it has been decided that the New York State Division of Criminal Justice Services (DCJS) will not provide training or issue training certification for retired LEO pursuant to the Law Enforcement Officers Safety Act of 2004 (HR 218). Accordingly, there is no provision for individual peace officer, police officer, security guard, or armored car guard firearms instructors or training facilities to provide this training in New York State.

Retired LEOs have the option of receiving the training from the agency they retired from pursuant to 18 USC 926C (d) (1).
In essence your statement is correct, retirees are restricted to certification by the department they retired from.

Thank you for your inquiry."

The above was the response I received from the New York State Division of Criminal Justice services (DCJS). It is now incumbent on all PBA's and retiree organizations in the State of New York to get together and lobby Albany for a change in statewide firearms qualification standards for active law enforcement officers. Until that happens, or the NYPD starts annually qualifying retirees, New York retirees will be left out in the cold.

Bill Sorrentino, 70-90

March 24, 2008                    A VSF UPDATE FROM 1st VP JOHN REGAN

1st VP and Legislative Chairman John Regan has an important update of information on the VSF.
At the general membership meeting of the NYC Transit Police Association on March 11, 2008, at the VFW Hall during a discussion on the progress of the
VSF effort, the question was asked how many members of the NYC Housing and Transit Police would be entitled to this benefit were the legislation passed
by the New York State Senate and Assembly and signed by the Governor. Unfortunately I did not have that exact figure available that night and would post it
on the Association Web-Site.

Just a little background - since establishing this effort in 2004, the VSF Committee has requested a statement from the New York City Employees Retirement
System, NYCERS, as to the total number of members who would be entitled to the VSF from each department. In April of 2004, John J. Murphy, Executive
Director for NYCERS, quoted that number at 1107.

On August 28th 2007, Sherif Soleman responded to our inquiry stating that the count of retirees, (currently alive), not receiving the VSF was 970. This is a
decrease of 137 members that would be entitled to this benefit. The importance of this issue is the decreased cost to the NYCERS and the City Of New York.
This is a factor that the VSF Committee presents to the City Council at every meeting.

One other additional point - we have a new Home Rule Message Number SLR# 88. Please refer to this number in your correspondence to
City Council Speaker Christine C. Quinn and Federal Legislation Chairperson Maria Baez.

Regards,
John Regan

March 24, 2008                    A THANK YOU TO NYC PBA FOR THEIR SUPPORT
                                                                           OF THE VSF LEGISLATION

Joe Balzano, Chairman of the VSF Legislation Committee recently received the following Memorandum of Support from the NYC PBA:
                                                                        PATROLMEN�S BENEVOLENT ASSOCIATION
                                                                           OF THE CITY OF NEW YORK, INCORPORATED
                                                                                               40 Fulton Street � New York, NY 10038-1850
                                                                                 Telephone: (212) 233-5531

MEMORANDUM IN SUPPORT

Senator Lanza  S3274                                                                                         Assemblyman Lentol A5055

An ACT to amend the administrative code of the City of New York, in relation to extending the
benefits of the variable supplements fund for housing police and transit police members of the
New York City employees� retirement system.

On behalf of the New York City Patrolmen�s Benevolent Association, I write to support
Assembly bill A 5055 and Senate bill S 3274, and urge its passage in both houses of the Legislature.

            Former members of the NYC Housing and Transit Police who retired for service after June 30, 1987 presently receive a supplemental
benefit from the Variable Supplements Fund (hereinafter referred to as the �VSF�). The VSF was enacted into law as a result of a fact-finder�s
award in 1970 and was granted to members of the NYC Police and Fire pension funds who retired for service after October 1, 1968.
In the mid-1960s members of the Housing and Transit Police were granted and given pay and retirement benefit parity. However, the VSF
was not bestowed upon similarly situated members of those two departments until legislation was enacted effective after June 30, 1987.
As a matter of equity and fairness, the VSF should be granted to all members of the Housing and Transit police who retired subsequent to
October 1, 1968.

            Since this bill will extend the benefits of the variable supplements fund to all New York City housing police and transit police,
we urge that it be enacted into law.

                                                                                                 N.Y.C. Patrolmen�s Benevolent Association

The NYC Retired Transit Police Officers Association would like to take this opportunity to thank the NYC Patrolmen's Benevolent Association for this
Memorandum of Support for the legislation needed to correct the injustice shown to the Transit and Housing Police retirees who did not receive the VSF benefit.

February 22, 2008         SAMPLE LETTER TO NY CITY COUNCIL

2nd VP Marty McKeon is urging all members to write the NY City Council urging their support for the Home Rule Message that is needed before
Albany can support our VSF legislation. The sample letter below should be used only as a guide. Please do not copy it word for word, but rather write
it so each letter received will be individual.
                                                                                                              Date ______________

Hon. (your Council person's name)
New York City Council
250 Broadway
New York, NY 10007
Re: SLR #46
Dear Honorable _______________

I am writing to request your support and favorable vote for the Home Rule Message, SLR #88, that is before the City Council.

New York City and New York State retired and active line organizations are supporting our legislation, but your help is needed to correct the gross injustice
that has denied the Variable Supplement Fund benefit to those who retired after 20 years of service between October 1, 1968 and June 30, 1987.
The parity that has been in place between the New York City Police Department and the NYC Transit Police and NYC Housing Police Departments since the
start of the latter two was violated when the Transit and Housing Police retirees were denied the VSF.

It should be noted that the cost factor for this benefit has been financially reduced due to the ever increasing number of eligible retirees who are passing away
each month. As the remaining retirees get older, they are dying off at an average of 40 members a year. Unfortunately, their families will never enjoy this benefit
they and other members justly deserve.

The Home Rule Message is necessary to resolve a grave injustice that is being perpetrated on the retired Transit and Housing Police members.
These fine and noble men and woman who honorably served the City were overlooked and abandoned by the City they served so faithfully. The VSF benefit will
lessen some of the financial hardships we currently encounter.
I request you vote in favor of SLR #46 and please provide affirmation of your vote to me in a letter.
Sincerely,

(enter your name and address here)

February 5, 2008         URGENT CALL FOR ACTION ON THE VSF LEGISLATION

We received the following urgent message from VSF Legislative Chairman Joe Balzano:

Hi,

Please call and e-mail your request of support for the Home Rule Message SLR #88 for our Legislative Bills,
Senate Bill # S3274(Lanza) and Assembly Bill #A5055 (Lentol).

You must contact:

Speaker Christine Quinn - District Office Phone# 212-564-7757 Legislative Office Phone 212-788-7210
Fax 212-788-7207

State and Legislative Committee Chairperson Maria Baez Email baez@council.nyc.ny.us Phone 212-294-3940

Committee members:

Joseph P. Addabbo, Jr.      212-788-7069

Erik Martin Dilan                 City Hall 212-788-7284

Lewis A. Fidler                   City Hall 212-788-7286

Michael McMahon              City Hall 212-788-6972

Hiram Monserrate               City Hall 212-788-6842

Joel Rivera, Majority Leader City Hall 212-788-6966

Speaker Quinn is a must to contact as she controls the Council. As for Maria Baez, our Bill is in her Committee.
Also contact the other members. They are in the State and Legislative Committee. We need your help;
PLEASE HELP US. To send this information by e-mail, send it to the person using their last name. For example:
monserrate@council.nyc.ny.us   Please let me know who you contacted and have your members do the same.
This may be our last opportunity to get the Home Rule Message needed for further action in Albany.

January 25, 2007      UPDATE ON LINE OF DUTY INJURY CASES

Thanks to Rob Palestra (class of '86) for posting this link to the Office of Payroll Administration on the FOP Yahoo website. The site explains the issues as explained in the posting of November 18, 2006 below.
http://www.nyc.gov/html/opa/html/lodi_refund/lodi_claim.shtml

January 17, 2007      UPDATE ON HR 218

Thanks to Sgt-at-Arms Vinny DiMaio for the following report on HR 218 - the
Law Enforcement Officers Safety Act.
"On October 27, 2006, I attended the Rockland County Police and Public Academy Outdoor Pistol Range in Pomona, NY. I fired the HR 218 course and qualified. The fee is $50.00 for one gun with an additional $40.00 for a second gun (e.g. semi-auto and revolver.) Retired police officers from all over the State have taken advantage of this course so much, that Rockland County is now building a new state-of-the-art facility.

The course has ended for 2006, and anyone interested in taking the next course in March of 2007 should call to make reservations starting in February. The number is (845) 364-8700.

This qualification allows you to carry your handgun throughout the 50 states. You must have a valid NY State Carry Pistol Permit to take this course. The certification is valid for one year only. Hopefully, in the future, there will be other police agencies offering this course locally."

If you would like more information, please call Vinny at (516) 285-5703.

SEPTEMBER 25, 2006
       IMPORTANT NEWS ITEM FROM ALAN BERKOWITZ REGARDING
                               LINE OF DUTY INJURIES

We wish to thank Alan Berkowitz for sending the following information to the Retirees Association.

Please read the important information at the end of this article.
LoDI (Line of Duty Injuries) Refund Claim

The City has reached a settlement with the Internal Revenue Service (IRS) involving FICA (i.e. Social Security & Medicare) tax refunds to both the City and eligible uniformed members of the City�s Correction, Fire, Police and Sanitation Departments. The years covered by this settlement are 1989 through 2005. Eligible uniformed members of these departments who were on authorized Line of Duty Injury (LoDI) leave at some point during the years 1989 through 2005 will likely be eligible for a refund of the FICA taxes paid on LoDI payments received for a period of six months or less. Correction, Fire and Police Department members are eligible from 1989 while Department of Sanitation members are eligible from 1992.

Please note that LoDI payments received for a period of greater than six months have previously been deemed to be exempt under a separate statutory provision and thus are not part of this refund.

In order to collect a refund in connection with this settlement, eligible uniformed members must submit a signed consent form to the City allowing the City to collect the refund on the employees� behalf. Once the IRS refunds the monies to the City, the City will then remit the money to the employee. In the absence of a signed consent form from an employee, that employee will not be able to participate in this settlement. Moreover, that employee may be forever barred from collecting a refund of these amounts since his/her time for filing an individual refund claim will likely have expired.

Learn more from the LoDI FAQs

Deadlines
The Office of Payroll Administration (OPA) is in the process of gathering the data it needs to reach out to every affected employee. OPA anticipates that letters explaining the refund process and the years for which that employee may be entitled to a FICA refund will be mailed out to each employee by the end of the year. Enclosed with this letter will be the consent form employees will be required to sign and return to the City in order to collect their refund. This consent form must be returned within sixty (60) days from the date of the letter or that individual will be precluded from obtaining a refund. The deadline date will be printed in the letter. Thus time will be of the essence. We urge all employees who believe that they may be eligible for a refund and whose address has changed to update their address.

How to change your address
OPA has obtained mailing addresses from the City�s Payroll Management System as well as other sources. If you believe that your address must be changed complete the Change of Employee Address for LoDI FICA Refund Claim form. The form is to be sent to:

The City of New York Office of Payroll Administration
FICA Refund Claim Unit
One Centre Street Room 200N
New York, NY 10007

It can be faxed to 212 669-3377.

Please note: Completing this form will not change the City�s Payroll Management System address. Should you choose to change the City's Payroll Management System address, you must contact your City agency�s personnel division to change your address.

Form Change of Employee Address for LoDI FICA Refund Claim

Contact Information
For inquiries regarding the FICA Refund Claim you can use any of the following options.

By mail:
The City of New York Office of Payroll Administration
FICA Refund Claim Unit
One Centre Street Room 200N
New York, NY 10007

Online:
LoDI Refund Inquiry

Fax: (212) 669-3377

Telephone: (212) 669-2333

Use the fax number or the mailing address above to send us your Change of Employee Address for the LoDI FICA Refund Claim.

VERY IMPORTANT - The following relates to Transit and Housing Police Officers who sustained LOD injuries:

"I received LoDI pay when I was a member of the Housing Authority Police force or Transit Authority Police force, prior to them being made part of the NYPD. Am I eligible for a refund of the FICA taxes paid on these LoDI payments?"

Yes, however, this refund is not part of the settlement. Both the Housing Authority and the Transit Authority, at the City's suggestion, filed claims seeking refunds of the FICA taxes paid on LoDI payments received for a period of six months or less. Unfortunately, prior to 1995 these police forces were not part of the City of New York and thus these payments could not be included in the City's refund claims or in the litigation that occurred. Consequently, they are not included in this settlement with the IRS. The City, however, is working closely with the Housing and Transit Police forces and the IRS to pursue these refunds on behalf of these members and expect to be sending out information in the first half of 2007 with details on how former members of the Housing and Transit Authorities will be able to collect these refunds.

We will update this website with additional details as they become available.

SEPTEMBER 20, 2006   UPDATE ON HR 218

From Association member and President of the Broward County 10-13 Club, Alan Berkowitz, we received the following information for Retirees living in Florida:

"Tony and Louie (Hollander):

   Please be advised that the Broward 10-13 Club with the help of Firearms Instructor Chuck Kline, last week started qualifying retirees with regards to H.R. #218. Also be advised that you do not have to be a member of the Broward Club to get qualified. Enclosed in this E-mail is Mr. Kline's telephone information. If any Transit retiree wants to contact Mr. Kline directly, please tell him that the Broward 10-13 Club gave out the information. Please forward this information to all Police Retirees living in Florida. Thank you,

                                                      Alan Berkowitz

                                                         President

                                                      Broward 10-13

Chuck Kline
181 Denmark Dr.

Ellenton, Fl. 34222
941-580-1247

To: NYPD 10-13 Clubs

Attn: Lodge officers and membership

Re: H.R. 218 compliance / implementation / Shooting qualification

Aug. 17, 2006

      As you may be aware, HR 218 (Law Enforcement Officer's Safety Act of 2004) is a Federal law designed to address and overcome the ambiguity in the State (s) laws regarding the transporting/carrying of concealed weapons by certain qualified active and retired law enforcement officers. HR 218 made the procedure and requirements fairly simple and direct. HR 218 supersedes most State and local laws regarding transporting/carrying concealed weapons. Basically, with few exceptions to Federal, State or local prohibitions/requirements, your active or retired official police credentials will legally suffice and act to serve as a "nationwide" gun carry/transport permit, exempting requirements to obtain State carry concealed weapons (CWP) permits.

    Exercising the benefits of HR 218 eliminates the confusion over the many various and often conflicting requirements of the States' CWP laws and the possible risk of arrest for improperly and unlawfully transporting/carrying a concealed weapon, especially in other States. Wearing, transporting or carrying a weapon is just second nature to LEOs (Law Enforcement Officers), especially active LEOs at least when within their State of employment. But what about when you are out of State and not on official business? Obviously, as law enforcement officers you must not violate the law, even inadvertently. To do so would probably tarnish or even end your career. Worse yet, it may result in your incarceration. Bummer !!

   As vacation time is in full swing, HR 218 will keep you from wondering "Can I drive through State "X" while transporting or carry in State "Y" without being in violation of their respective laws?". Vacations (and careers) would be ruined by being in trouble with the authorities of Florida or other States over unlawful transport/carrying of a concealed weapon. These questions could be answered and retirees and active LEOs would benefit from HR 218 if it were implemented properly and NOW !!!

    However, the States (for whatever reasons) could not seem to fully understand correctly their roles (if any) in implementing HR 218 in their respective States. There was much meddling and "reading in between the lines" by the States and agencies as to what may have been expected of them (if anything) which soon muddied the waters with confusion. Congress did not intend for (nor authorize) the State or local governments to "read in between the lines." Something nice and so relatively straight- forward was hindered by interfering bureaucrats after years of efforts by the National FOP, PBA, NAPO, NYPD, 10-13 Clubs and others in seeking and eventually succeeding in getting Congressional passage and President Bush's signature for HR 218.

     The implementation and compliance to HR 218 is a perfect example of such un-necessary and un-warranted meddling by those who should not have intervened in the first place. That is, something so simple and beneficial to LEOs (active & retired) could become so convoluted and so delayed in its implementation by State and local authorities. All of whom wanting (without standing) to put their twists on how the law should be read and complied with (in their opinions). Though, basically State and local government/agency opinions are irrelevant as HR 218 is a Federal law. HR 218 was created solely to do away with the States and local authorities getting in the middle. No State or agency could even seem to come to an agreement on a commonly designed certificate of proficiency, or has made only a rudimentary attempt to create one.

     Fortunately, much of this un-necessary, self inflicted confusion has recently been addressed and cleared up via opinions of the Florida and US Attorneys General, agency and FDLE/CJSTC suggested standards and procedures. As of July 1, 2006 Florida now requires all active law enforcement officers (LEOs) to qualify with handguns at least within every two (2) years with a consistently uniform statewide course of fire. Though, this is not expected to actually become initially implemented until the summer of 2008.

    The handgun course of fire will consist of a total of 40 rounds of which 32 rounds in the silhouette B-21 E type target must score within or on the lines the 4 or 5 score zones.(in or near 'Coke bottle'/'bowling pin'). This is a timed quick draw and fire and reload course. The maximum range from the target will not exceed 15 yards. There will be no running, jumping, night firing or exams.

     IMPORTANT NOTICE : Failure to meet and achieve this qualifying score may result in the police powers of "active" officers being suspended by the CJSTC until the required score is attained.

     The CJSTC currently takes the position that it lacks any procedural authority over retirees. Thus, retirees are on their own to seek any desired and due benefits under HR 218. But, don't worry a bit as this is where I can and will help by administering the qualification shooting course to retirees as well as active LEO's.

   HR 218 requires that retired LEO's who wish to transport/carry a concealed weapon under the authority of HR 218 must re-qualify at least within every 12 months (yearly) in the "same exact course of fire (Florida's course described above) as active officers in the State of residence of the retiree."

    As a retired Sheriff's Deputy (Maryland) and current Florida CJSTC certified Academy, driving and weapons range instructor, I am familiar with just how slowly new laws and procedures can take to be implemented, adhered to or even generally accepted. (The teaching old dogs new tricks syndrome).

    Therefore, I have taken it upon myself to rise to the occasion to expedite and aid wherever possible, the immediate compliance, implementation and qualification of HR 218 to those interested and to whom HR 218 applies and may benefit. Including, designed and approved wallet sized Certificate of Proficiency card for both active and retired LEOs to carry with their official issued agency credentials (as required in HR 218). Active LEOs will also be given copies of the required official FDLE/CJSTC forms 86 and 86A certifying re-qualification for their agency files and forwarding to CJSTC for their files.

     I will avail myself to come to your area to qualify both active and retired LEOs to comply with the new CJSTC and HR 218 rules. I will immediately issue the appropriate approved proficiency documentation upon completion of the qualification firing course at your range or whatever range we can complete this in within your general area. No waiting time !

   Since it is assumed (if I may?) that current and active LEOs already know how to shoot, there will be no training to speak of.. Simply, a short safety refresher, explanation of the course of fire and a few forms. There currently is no classroom training, written tests or the like. As such, you should be able to complete the firing in less that an hour. Longer, if practice rounds are fired before the certifying course of fire. (Permitted and recommended) Remedial training will be provided if needed such as in the event of failure to qualify. But, unless you are almost legally blind, don't despair. I will see to it that you do qualify. Even if we have stay on the range all day !!

*   NOTE: Federal, State and local Corrections/ Parole & Probation Officers who possess (or did possess, if now retired) arrest powers regardless of how limited the circumstances, geographical area or authorization policy to arrest, or from what State retired, are also eligible to benefit to transport/carry under HR 218.

    Standard Florida Concealed Weapon Permit (CWP) course also available to those who desire or who may not otherwise qualify to carry under HR 218.

***   Please make every effort to advise those to whom this may apply or whoever may benefit from this offer, especially retirees living in your area regardless of from where they retired. We are all brothers and sisters, in arms. (So to speak !)

   For more information, please feel free to call me at 941-580-1247 anytime.

Fraternally yours,

Chuck Kline

Our thanks to Alan and Chuck Kline for forwarding this information to us. - Tony