Workers win right to original tier
Tier bill escapes Pataki veto		  
In the final weeks of 1999, three pieces of legislation important to PEF members were placed on the desk of Gov. George Pataki. He vetoed two and signed one into law.

The measure that got past his veto pen, Tier Reinstatement, had been a long-time legislative priority for PEF. Effective immediately, it gives members of the NYS Employee Retirement System the right to be reinstated to the tier at which they were originally hired, despite a break in service.

State workers hired before June 30, 1973, who left public service and have since returned, can be reinstated to the Tier 1 retirement level. Those who first began work between July 1, 1973, and July 26, 1976, can be reinstated to Tier 2. As long as the worker was a member of a New York state public-pension system covered by these tiers, it does not matter how long the employee worked.

One of the two bills Pataki vetoed was Tier Equity. Had he signed it into law, the measure would have moved benefits for Tier 3 and Tier 4 closer to equality with Tier 2 by reducing penalties for a member who retires between the ages of 55 and 62. PEF leaders say they will make Tier Equity a top legislative priority again this year.

The other measure that the governor turned back was referred to as the "Parole Heart Bill." The bill would have created the legal presumption that a heart condition that causes a state parole officer's disability resulted from the performance of duty. Establishment of that presumption would have improved disability pensions for parole officers.

- Mary Caroline Powers

What's Tier Reinstatement?

Q: Who is eligible for the benefits of Tier Reinstatement?
A: Any current member who has not yet retired is eligible, including employees and vested members who have left active employment but have not yet applied for their pension benefits.

Q: What should you do if you're eligible?
A: Members who are eligible must apply to their current retirement system to have their tier status reinstated. For most PEF members, this will be the NYS and Local Employees Retirement System administered by the Office of the State Comptroller.
Write to:
NYSLERS
Alfred E. Smith State Office Building
Albany, NY 12244.
Or call (518) 486-7925

The Tier Reinstatement application is also available on the comptroller's website at http://www.osc.state.ny.us/retire/

Q: Is there a time limit to apply?
A: No. The Tier Reinstatement Law took effect immediately and there is no time limit for applying for reinstatement. But the application must be submitted and approved before retirement.

Q: What about the contributions made under Tier 3 or 4 for those now eligible for Tier 1 or 2 status?
A: Those reinstated to Tier 1 or 2 will no longer have to pay the 3 percent employee contribution into the pension system. However, there will be no refund of the 3 percent paid in after returning to public service.

Those who bought back their prior service may be eligible for a refund of the amount paid to purchase the service credit plus 5 percent interest from the date the payment was made. This only applies if reinstated to Tier 1 or 2.

- Mary Caroline Powers

 

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