Got ERI?
2002-03 early retirement window closing in March

By SHERRY HALBROOK
As the clock runs down on the state’s 2002-03 early retirement incentive (ERI), the Governor’s Task Force on Work Force Management has thrown open the door for all state agencies to submit last-minute plans to offer the traditional or “Part A” option, even the two dozen or so agencies that have already offered it once.

Agencies just have to get approval to offer Part A to eligible employees in specific job titles and positions. But time runs out March 31, so if you want to take advantage of the Part A incentive, tell your agency now.

A three-month window opened January 1 for nearly all eligible employees at all state agencies for the Part B option, “25/55.”

The state Transportation Department has asked for permission to offer Part A to up to 700 eligible workers, but was still waiting in mid-February for a green light.

It appears the state Department of Correctional Services has asked for permission to offer Part A to nearly 150 employees.

PEF was told the state Labor Department won’t offer Part A unless that agency is directed to free positions to absorb employees displaced by job cuts in other agencies.

The governor has not asked for ERI to be renewed for 2003-04.

Put it in writing

Don’t wait to be asked by your state agency if you are interested in taking an ERI, or you may be left out.
“If you are even remotely considering taking advantage of the 2002-03 ERI, it’s important to express that interest in writing to your agency administration right now,” says Martin O’Connor, PEF’s assistant director of civil service enforcement.

“This is more important than ever because of a recent change in the state’s approach to interpreting the seniority provisions in the law,” O’Connor said. “Traditionally, agencies have offered the Part A option to the most senior person working in the targeted title and work location. However, the task force has said it now will allow agencies to offer the incentive to the most senior person in the title and work location who has already expressed interest. Agencies no longer have to canvass the most senior employees who have not expressed interest.”

But you can still be bumped out of your place at the head of the line.

“If a more senior employee in the targeted title and work location, who has not already expressed an interest, submits their expression of interest in writing at least 21 days before the end of the open period, he or she will get the ERI,” O’Connor added.

Give two weeks notice
Apply right away if you want to take advantage of the Part B (25/55) option.

“You must apply for retirement at least 14 days prior to the effective date of the retirement, so make sure that you apply in time and that your retirement date is no later than March 31st,” O’Connor said.

Although the Part B option is open to most eligible state employees at all agencies, it was not offered before 2002-03 and many PEF members have questions about how it will work, O’Connor said.

“The primary question relates to the payment of the longevity award. PEF members retiring under the 25/55 provision of the ERI will not be eligible for the longevity award because you cannot be on payroll on the date of your retirement,” O’Connor said.

“Since you must retire by March 31st, your last day on payroll is March 30th and that prevents you from meeting the contractual requirement that you be on the state payroll on March 31st to be eligible for the longevity award,” he explained.

However, the law specifically protects longevity awards for those retiring under Part A.

PEF has been collecting the names of its members who were specifically exempted from the Part B offer and who want to fight their denial of eligibility for the 25/55. 

If you are interested in being part of a lawsuit, or know someone who is, contact the PEF Office of General Counsel immediately at 1-800-342-4306.

COMMUNICATOR HOMEPAGE
Inside This Issue:
Features

New pact ends 20 years of sick-leave inequity
PEF wins $1.75 million for members
Downstate members to save on fares
Stay in the know with contract talks
Early Retirement window is closing fast

Budge Breakdown
PEF fires back against proposed budget
Program, job cuts in proposed state budget
Office of Mental Health (OMH)
• OMRDD

• Office of Children and Family Services (OCFS)
• Transportation Department (DOT)
• Office of General Services (OGS)

• ENCON
• Education Department (SED)
• VESID
• Health Department (DOH)

• Department of Corrections Services
• Division of Parole (DOP)

• Department of Motor Vehicles (DMV)

Departments
President's Message: Stopping job-killing layoffs
You Said It: Member's letters this month
Health & Safety: Working conditions symposium
Member Mobilization: Exposing weakest links
Nurses' Station: LobbyDay plans for May 5th
Health Notes: Expanded coverage for women
Retirees In Action: Death-benefit coverage
PEF Membership Benefits Program & Travel Corp

Union Matters
DVD on members’ accounts of workplace violence
Hidden talents emerge among members
State AFL-CIO offers scholarship
Election Board meeting
DCAAccount user? File IRS form 2441
2003-2006 Elections Corrected Definitions

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