Thursday, October 16, 2008
President's Report
for General Membership Meeting
JFK Ramada Inn, Queens, NY

Special Order of Business

  • City Health Plan Providers at Today's Union Meeting
    City Health/Medical Plan vendors are present today in the lobby to answer your questions and distribute literature. Make sure you get the info you need to best protect your family!!! Visit the SBF table to receive updated price flyers and transfer forms if you're interested in changing or updating your City Health/Medical Plan. The transfer period begins Nov 1st.
  • Security Benefits Fund (SBF) Help Table Today
    Members who require help regarding dental, prescription drugs, optical or any other benefits provided via the UFA SBF should visit the SBF table today. SBF personnel are there to help you.
  • FDNY Health Plan Unit, UFA Dental, WTC & LODI Drug Help Available Today
    Benefits plan guests are here today at tables in the lobby to distribute literature/forms and answer your questions. For Health Benefits, see Camille Isaacs of the FDNY Health Benefit Unit (Also, representatives from individual Health Plan providers have tables). For the new Dental Benefits, see Theresa Carapella or Jimmy Dahl at the UFA's SBF Table. For WTC and/or LODI drugs, see Phil Mouren from FDNY. Make sure you get the info you need to best protect your family!

Tentative Contract Agreement

1. Contract Update
On Tuesday, October 14 the UFA and the City came to a tentative agreement for both our 2004-06 Reopener and the 2008-10 Contract. Please review this summary of the 2004-06 reopener agreement resulting in a 3.48% raise retro to 7-31-06. In the 2002-06 bargaining round Sanitation set the pattern with a 5%, 5%, 3% and 3.15% raise respectively. All uniformed unions followed the pattern except the PBA, who was headed to arbitration again. The UFA took the lead in the 2006-08 round setting the pattern with 4%, 4% and 1.59% discretionary raises respectively. Importantly, the UFA negotiated rock solid reopener language (which retroactively covered the 2004-06 round) allowing us to receive any gains above the pattern which the PBA may receive through arbitration, essentially guaranteeing parity could not be broken. In May of 2008 the PBA concluded their arbitration of the 2004-06 contract and received 4.5% and 5% raises with concessions as follows, reduction of 10 days vacation for new hires for their first 5 years, loss of 1 vacation day for all P.O.'s to qualify for the range and an additional rescheduling of 5 tours per year.

The reopener required the UFA and all uniformed unions to come up with the value of the concessions that were imposed by the arbitrator on the PBA award. All uniformed unions who have already settled the reopener have put the raise in basic maximum salary only and on the last day of the contract; this alone did not satisfy the imposed arbitrated concessions. To meet the deficit we opted to take the balance from a portion of discretionary monies in the 2008-10 contract. The 3.48% raise is retroactive to 7-31-06 on basic maximum salary. The details are summarized as follows:

  • 2004-06 Contract Reopener: compounded 3.48% base salary increase for all 1st grade members, retroactive to 7/31/06
  • Length of 2008-10 Contract: 24 months
  • 4% Base salary increase for all grades, retroactively effective 8/1/08
  • 4% (compounded is 4.16%) base salary increase for all grades, effective 8/1/09
  • $253 annual Longevity increase for 5, 10, 15 and 20 year steps, effective July 31, 2010
  • Longevity Escalator - Automatic Increases & Compounding: existing longevity will increase and compound with all future base salary increases, effective July 31, 2010

Complete copies of the Memorandum of Agreement were mailed October 14 to all Delegates, and are also at your Trustee table today. A Battalion Delegate Meeting will take place TODAY immediately following the General Membership Meeting, in another room, to take a non-binding vote regarding the tentative contract.

2. Tentative Contract Ratification Process & Timeline
Complete copies of the Memorandum of Agreement and all attachments were mailed this Tuesday to all Delegate residences and are also at your Trustee Table today. In addition, the timeline for meetings and actions that will take place in accordance with UFA Constitution requirements are listed on 65-2 #73, which was faxed to all FH's and e-mailed to all Delegates on Tuesday, October 14. Copies of this fax are also at your Trustee Table today.

3. Special Delegate Meeting Next Week
On Thursday, October 23 there will be a Special Delegate Meeting at 10am at the JFK Ramada. Delegates will discuss the Tentative Contract but no vote will be taken. Meeting Notices have been mailed and e-mailed to all Delegates. Delegate release time was approved by the Dept and OLR.

4. Rescheduled November Union Meeting
The November 13 Union Meeting has been rescheduled to Thursday, November 20. This is due to meeting timelines required in the UFA Constitution for the contract ratification process. A roll call vote of Delegates will take place regarding the tentative contract at this meeting. Please insure that this date is adjusted on all your personal and firehouse calendars.

5. LODI FICA Refund $$ Checks Mailing Update
The NYC Office of Payroll Administration (OPA) reports that tax years 1989 and 1990 refunds for Firefighter LODI FICA refund claims were mailed 9/29/08 and 10/9/08, respectively. It is currently finalizing a check run for tax year 1993. (The IRS still owes refund monies for 1991 and 1992.) OPA plans to prepare separate check runs for each subsequent year (i.e. if you are owed a refund for the years 1989, 1995, and 2002, you will receive three separate checks, one check for the year 1989, one check for 1995, and a different check for 2002). The UFA will announce other mailing dates for refunds as additional information becomes available. For more information, refer to the Office of Payroll Administration website: www.nyc.gov/payroll. Any questions should be referred to the Office of Payroll Administration's email address: Lodi_FICARefund@payroll.nyc.gov.

6. Interest Earned on LODI FICA Refunds
Your refund checks will include statutory required interest earned. The interest received is taxable (only the interest) and you will receive a 1099-int form. The City of New York will report the interest amount to the IRS. This interest is taxable in the year received. No amended income tax returns for past years are required.

7. 'No Water' Radio Alerts: UFOA On Board
The UFA asked the Department in August to require dispatchers to call incident commanders every five minutes about water-supply problems, and then alert firefighters in burning buildings by radio. This would help our members decide whether to move to safer locations if they've been in a building too long without water. It is our belief that this simple change to FDNY protocol could help avert another disaster like the one that unnecessarily killed FF Joseph Graffagnino and FF Robert Beddia. The UFOA has prepared a letter in support of our proposal also recommending the creation of additional signals - which the UFA supports - that will inform the dispatcher when units are actually on the fire floor. The Department stated that it is reviewing our proposals. See attached letters.

8. Self Mutual & RSOT Payback
As the calendar year draws closer to an end, it typically becomes more difficult for members to have approved payback of Self-Mutuals or a rescheduling of RSOT tours. Members are advised to submit IN WRITING all requests for repayment of Self-Mutuals and to document IN WRITING any time you are refused to reschedule an RSOT tour owed due to a group change. Keep a copy of all documented refusals. It is also recommended that a company journal entry is made documenting refusals. Member rights regarding Self-Mutuals and RSOT are spelled out on PA/IDs 3-94, 1/90 and 1-90 Addendum 4, respectively. PA/ID 1-90, section 11.2 specifically notes: "Firefighters with a group/vacation change which results in the opportunity for fewer hours of RSOT are authorized to work additional tours as needed by the Department for 96 hours of RSOT in the calendar year." Without proper documentation of refusal you can lose your right to carry over RSOT tours to the following year, and you may be penalized for not repaying Self-Mutuals within 90 days.

9. Pension & VSF DROP Statements
The Dept recently distributed each member's pension statement to firehouses for your Officer to provide you. Any dollar amount or value provided is based on the estimated value on December 31, 2007. However, beneficiary information reflects the most recent changes processed after December 31, 2007. Detailed explanations of terminology are also provided on Supplement #57 to Dept Order 84 dated Sept 18, 2008. Make sure you review your statement and keep it with your pension planning records. Pursuant to meetings with the UFA and the FDNY Pension Bureau, statements now include Variable Supplement DROP dollar values accrued for members with over 20 years of service. VSF Payments will be $12,000 for 2007 and each year thereafter, in accordance with the NYC Code. Refer to Delegate Manual Chapter 'FF Laws & Definitions' for the complete text of the code, and also the chapter 'FDNY Pension Manual' for additional info re the VSF.

10. UFA and IAFF Continues to Work to Ensure Firefighter Pensions Remain Unchanged
At the urging of the UFA, IAFF and other public sector groups, the IRS has announced it will delay implementation of a regulation that would change the rules for determining pension eligibility. Under a proposal issued last year, the IRS sought to do away with using years of service as a criteria to determine eligibility for a pension, seeking to replace it with a straight eligibility age. The new regulation was scheduled to go into effect on January 1, 2009, but after hearing about the serious disruptions this would create for public pension plans, the IRS postponed the effective date until January 1, 2011. The UFA and IAFF will continue working with the IRS and its allies in Congress to assure that firefighter pensions remain intact.

11. 2009 Delegate Education Seminar Dates
In accordance with the UFA Constitution, Atlantic City was chosen by an overwhelming majority vote of the Delegate body. The Seminar will take place May 19 - 22. Company Delegates will participate in extensive training sessions regarding matters of significant importance to all NYC Firefighters.

12. Proposed Constitution Amendments
The UFA Constitution Committee, which is comprised of three members from each borough, met on September 24 to review proposed amendments. The proposed amendments were mailed to all FHs and Delegate residences and will be discussed and voted on at the November Union Meeting—which has been rescheduled to Thursday, November 20.

13. City Health/Medical Plan Transfer Period
The Health Benefits Transfer Period for both active and retired members begins November 1, 2008 and ends November 30, 2008. Health plan changes requested during the Transfer Period will be effective the first day of the first full payroll period in January 2009 for active members and effective January 1, 2009 for retired members. Late changes will not be accepted by the City!!! During the annual Transfer Period members may transfer into any health plan offered for which they may be eligible, add or drop optional rider coverage or add or drop dependent(s). To make changes, (including enrolling in the Buy-Out-Waiver Program), the member must complete a Health Benefits Application. (To elect the Buy-Out Waiver Program or change health premium contribution tax status, members must fill out both a Medical Spending Conversion Enrollment/Change Form and a Health Benefits Application. Conversion Forms must be completed and returned to your agency personnel office or health benefits rep by November 14, 2008.)

Forms are available at www.nyc.gov/olr or through the Health Desk at Fire Headquarters. Members who waive their City health benefits, will lose their PICA drug coverage. If you have any questions or problems concerning payroll deductions for health benefits contact the FDNY Health Benefits Unit, Camille Isaacs (who is also in the lobby today) at 718-999-2196. Visit the SBF table today to receive updated price flyers and transfer forms if you're interested in changing or updating your City Health/Medical Plan. Representatives from individual Health Plan providers are also here today to distribute literature/forms and answer your questions.

14. Pre-Tax Flexible Spending Accounts for Health Care & Dependent Care
Open enrollment period runs through November 14, 2008. These programs allow active FF's to deposit a portion of their pre-tax income into accounts maintained for certain health and dependent care expenses not covered by your health plan or SBF. These programs are known as the Health Care Flexible Spending Account (HCFSA) and the Dependent Care Assistance Program (DeCAP). To enroll, you must submit an FSA Enrollment/Change Form for Plan Year 2009, which is available on line at www.nyc.gov/olr or by contacting the FDNY Health Benefits Unit at 718-999-2196. Any member currently enrolled will automatically receive the Plan Year 2009 FSA Program Brochure and Enrollment/Change Form in the mail.

15. Update Your Address, Email, Phone #s with the UFA
Members and Delegates wishing to receive important information or notifications from the UFA should insure that their residence addresses, email addresses, home and cell phone numbers on file with the UFA are updated and accurate. In order to do this, you must prepare and sign a 'SBF Change of Address Form' and mail to the UFA, Attn: SBF. Forms can be obtained from your Delegate, who can assist you, or you can call the UFA SBF at 212-683-4723, or visit the Forms Section of the UFA web site at www.UFANYC.org.

Stephen J. Cassidy,
President









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