State promises Rx for docs’ pension-credit boo-boo

By SHERRY HALBROOK
Sometimes little things mean a lot, especially when those little things involve money and they are multiplied over a long time.

That’s why nearly 90 PEF members who are disability review physicians at the state Division of Disability Determinations are happy to hear the state plans to correct a glitch in calculating their pension credits that has been shortchanging them for years.

Both PEF and DDD have been told the state is working on changing its computer software to allow for the correction.

DDD does not allow the physicians to work more than 36 hours a week, which is 96 percent of the 37.5 hour workweek at that agency, which is on the state’s administrative payroll.

However, since July 1998 when the state began using PACER software to generate its payroll records, the state has recorded the disability review physicians as working just 90 percent of full-time. This would be correct if they were on the institutional payroll, which is based on a 40-hour workweek, but they’re not.

“I discovered the problem about a year ago, and brought it to the attention of the agency,” says Dr. Herman Berliss, a review physician at the Glendale office near Binghamton.

Not only have the doctors been shortchanged on service credits when they retired, the glitch may have been costing them money while they are still working.

“I may have paid into the pension fund for more than 10 years,” Dr. Berliss says.

When complaining to DDD failed to produce a quick response, Berliss says he began to call the Office of the State Comptroller (OSC) and the state Department of Civil Service (DCS), which initially blamed each other for the mix-up.

According to a November memo from DDD to its review physicians, the agency was told by OSC staff that hourly employees “are required to work 40 hours a week ... to be considered full-time.”

Dr. Berliss also brought the problem to the attention of his state legislator, Assembly Member George Winner Jr.

Meanwhile, Dr. Mariano Apacible — a PEF Division 399 steward and disability review physician in Glendale sent Berliss to PEF field representative Paul West, who turned to PEF Assistant Director for Civil Service Enforcement Marty O’Connor for help.

O’Connor says he also informed the OSC and was told in November that the problem will be corrected.

That jibes with the DDD memo which states “the comptroller’s office has recently acknowledged that an error was made in computing retirement service credits for our doctors. That agency plans to correct the credits for affected staff, making the maximum 96 percent, but must determine a method of doing it retroactively. This apparently will require programming and testing and may take some time.”

“This situation demonstrates the importance of persistence and bringing pressure to bear from many directions,” O’Connor says. “Members achieved results when they involved their agency, their union and their state legislator all working toward the same goal.”

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Inside This Issue:
Features
Ad blitz aims to save jobs, services
Pataki eyes budget cuts
ERI savings slim pickings for state
Bill outlaws discrimination is now law
Leaders open PS&T contract talks
PEF honors its Ground Zero heroes

Departments
President's Message: Budget balancing act
You Said It: Member's letters this month
Health & Safety: Smallpox vaccine concerns
Member Mobilization:Organization is key
Nurses' Station: Lobby Day plans for May
Health Notes: Empire Plan number reaches all
Retirees In Action: Losing ground financially
PEF Membership Benefits Program & Travel Corp

Union Matters
Worker's Rights
Reg. 8 brings holiday cheer
State promises Rx for docs’ pension-credit snafu
They got the 'write stuff': • Furlani • Wilcox
AED training provides statewide life support
PEF, Black Caucus plan receptions
Apply May 1 for Jean DeBow scholarship
PEF magazine, TV ad win big
2003 Election Rules Dates, Rules, Requirements

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