A message from
PEF Retirees President Steve Muscarella
Make sure coming changes are ones you want

Now
we have a new administration in Washington, progress can be made on
monumental fiscal problems that affect our entitlement programs, Social
Security and Medicare.
If Congress has the political will it can reform our health care system.
As advocates for the elderly, PEF Retirees expects state and national
programs will be refined and expanded so seniors can comfortably live
independently and age with dignity.
Many suggested community-based services would be economically feasible and
would allow the elderly greater comfort and security. We could begin with
programs that promote preventive health care and self management of chronic
diseases.
Other suggestions include a stronger emphasis on home medical care, visiting
nurses and support services for caregivers. We could add programs for
supplemental nutrition, home-delivered meals, transportation and home
repairs for seniors.
Respect and dignity for seniors is very important. We still have a lot to
contribute, if given the chance. Our experiences and knowledge could provide
significant insights and help our country avoid repeating past mistakes.
More intergenerational activities would benefit everyone.
All of this is possible, but made more difficult by the economy.
It is time we express, as loudly as possible, our discontent with this
country’s recent direction and abandonment of civic values. It’s time we put
more emphasis on affirmatively advancing positive change on the humane
issues in society, rather than continuing to tolerate a status quo which has
facilitated and rewarded greed.
We cannot abandon the struggle and allow opposing special interests to
formulate our state and national policies. Not only would they oppose the
changes we seek, they are already fighting to eliminate our hard-earned and
promised pensions and health benefits.
Where are the values in a society that does not respect or honor its
promises and commitments?
PEF Retirees has made it easy for you to contact your legislators and
advocate for your pensions, health benefits and programs.
Go to
www.unionvoice.org/pef/leg-lookup/search.html. Type in your address and
ZIP code and it will display the federal officeholders. To get the state
officeholders, click on the “State” tab.
With change comes opportunity. Make your voice heard for the right kind of
change.
Send your e-mail address to
rmango@pef.org
to get PEF Retirees news alerts.

Missed chance to join Tier 2; trapped in Tier 3
By SHERRY HALBROOK
The PEF Retirement
Reform Committee has received retirement-related questions from members and
retirees. After consulting with the state retirement system it is attempting to
answer these questions. Some of them will be published in The Communicator.
The first of these is presented here.
Q: I first began working for the state of New York December 30,
1974, as a seasonal employee. I returned to those duties for a short time in the
summers of 1975 and 1976. No one mentioned the state retirement system to me at
those times. If they had, I would have joined immediately.
I began working for the state Department of Environmental Conservation Sept. 30,
1976, as a seasonal employee. When the retirement system was mentioned to me
during my first two weeks, I immediately joined and was placed in Tier 3. That
was in October 1976.
Here are my concerns:
1 I should be in Tier 2. I want to be placed in Tier 2 and have all my Tier 3
contributions given back to me.
2 I paid 3 percent of my gross earnings into Tier 3 for far longer than the
10-year maximum enacted in October 2000. In fact, I paid in for 24 years, which
is 14 years longer than anyone who joined the retirement system from 1990 until
the present. This is patently unfair.
3 Recently, I contacted the retirement system to get credit for the time I had
worked prior to October 1976. A few days were given to me, and I was told I
would have to pay for the rest of the time. Why should I, when I’ve already paid
in for 14 years too long?
Please help me.
Alan D. Mack
Caledonia
A: Your dilemma regarding eligible service prior to joining the
state retirement system is not uncommon. To address it, PEF supported
legislation to allow retroactive enrollment in prior tiers for eligible
individuals.
In 1993, such legislation was enacted and provided a three-year window to apply.
This was publicized in The Communicator and some members took advantage
of it before the window closed October 24, 1996.
Other members, like you, came forward too late. So, PEF has been working to get
another window authorized by new legislation. Assembly Member Peter Abbate Jr.,
chair of the Government Employees Committee, has been introducing bills to do
this every year since the window closed in 1996. His bill was vetoed in 1998,
and has not made it back to the governor’s desk since then. According to
Abbate’s office, a bill for 2009 is being drafted and will soon have a number.
If you had joined the retirement system when eligible for Tier 2, then left
state service and returned to the system in Tier 3, you could be reinstated to
Tier 2 under Chapter 646 of the Laws of 1999. However, even under that
provision, you would not be refunded any contributions you had made while a
member of Tier 3. Only those reinstated to Tier 2 before July 27, 1976, could be
reimbursed.
PEF has worked diligently since the formation of Tier 3 in 1976 to eliminate the
required employee contribution, and was finally able in 2000 to get it cut off
at 10 years.
So far, efforts to get a law enacted to allow contributions in excess of 10
years to be refunded or compensated by extra service credit have not been
successful. PEF continues to support such bills. Last year, Abbate and Assembly
Member Jack McEneny worked with Sen. Joseph Robach to sponsor bills to address
this, and they may reintroduce them in 2009.
If such a Tier Equity bill had been enacted last year, the estimated cost was
$78 million for state employees and $153 million for local government employees.
Now, the governor wants to create a Tier 5 with all the inequities of the
original Tier 4.