Coba Newsletter 0408 (gh-31)

March/April 2008 Volume VI, Issue 2

"PATROLL ING

THE

TOUGHEST

PRECINCTS

I N

NEW

YORK"

STATE OF THE UNION BY NORMAN SEABROOK CONTRACTS - LEGISLATION - BENEFITS - WIDOWS & CHILDREN'S FUND - SCHOLARSHIP FUND - REPRESENTATION - FAMILYDAY Dear Brother/Sister Officer, I hope this letter finds you in the best of spirits and most of all, the best of health. Recently, a number of (OBA members have expressed their interest in learning about the state of the union. I am writing to bring you and your fellow officers up to date on the state of the Correction Officers' Benevolent AsNorman Seabrook sociation. As the President of COBA President this organization, I am responsible for keeping you informed and up to date on those matters that affect the union and the membership. The Executive Board and I regularly communicate to you through newsletters, letters, flyers, ernails, teletypes, the website and through the delegate body. We make every possible effort to ensure you are always aware of the most important issues that concern you and your family. Additionally, the Executive Board members frequently visit each and every command to maintain a dear and consistent exchange of vital information between the union and the membership. This newsletter contains everything you need to fully understand the state of the union. You will hear from each board member reporting to you on different union areas. The Executive Boa rd. the delegates, the alternate delegates and I, have been fighting vigorously over the years to both protect and enhance the services and benefits which every member enjoys to ensure that the state of our union remains strong and vibrant both now and in the future. Through successful contract negotiations, enacting ground-breaking legislation, providing intensive training for delegates, and by representing you in both command discipline hearings, as well as,at OATH, we have ensured that the COBAoperates and serves you to the fullest possible extent.

Recently, you received a package from the union in the mail. This package contains three booklets which are very important to you as COBA members. First and foremost, it contains the updated Constitution and By Laws which govern the operation of the union. Secondly, it contains a copy of the most recent contract, which outlines the agreement between us, the Department of Correction and the City of New York. Finally, it contains the updated benefits booklet. The Executive Board and I have negotiated the last five contracts on beha If of you and your fami ly, Thro ug h these neg 0tiations, we have been successful in obtaining significant raises, annuity contributions, added vacation days, increased longevity money, night differential, holiday pay, additional benefits and so much more. I am proud to report that because of these significant accomplishments and the efforts made by the entire COBAteam, the state of 0 ur union is stro ng er than ever and it is an orga nization that each and every officer can be proud to be a part of and depend on, twenty-four hours a day, seven days a week. In closing, I would like to note that none of these achievements would ever have been possible withoutthe continued support that you and your fellow officers have provided us. Because of you the state of our union is not only strong, it is a successful team. And as you know, TEAM stands for-TOGETHER EVERYONE ACHIEVES MORE.

May God continue to bless you and your family,

Norman Seabrook President

STATE OF THE UNION : TREASURER'S REPORT COBAFINANCIALSTATEMENT JULY1,2004 to JUNE,30 2005 • JULY1,2005 to JUNE,30 2006 2005

2006

$4,237,599 1,686 59,088 266,141 194,729 73,897 4,833,14<1

$4A05,336 7,003 11,353 171,080 165,687 119,460 4,879,919

REVENUE: Dues Interest Income Other Expense Allocation Reimbursement - Active Expense Allocation Reimbursement - Reti ree Expense Allocation Reimbursement - Annuity Total Revenue

Elias Husamudeen

OFFICE EXPENSES:

Treasurer

Office Expenses Office Salaries Payroll Taxes & Employee Benefits Telephone and Related Services Rent

206,273 529,557 179,863 156,789 351,879

189,904 492,267 209,852 145,398 388,036

Subtotal

1,424,361

1,425,457

590,868 215,SS8 463,896 248,683 130,996 385,628

846,463 204,504 420,650 271,066 101,666 401,072

281,S1S

158,489

YOUR UNION DUES Dues are deducted from every paycheck. This is called a dues checkoff. Union dues

pay for the expense of running the union. A major portion of your dues helps the union to perform its chief function - negotiating a contract with your employer. The union organizes a negotiating team consisting of the Executive Board, delegates, members, lawyers and other labor experts to represent your interest at the bargaining table. The employer then signs a contract to provide you with better wages, job security, a fair grievance process, and better working conditions, including vacations, holidays, sick leave, premium pay and overtime. In addition, the union is responsible for ensuring that the employer follows the terms of the contract. Delegates, union attorneys, and other union officials represent members if they have work place grievances or some other problem with the employer. Your contract means absolutely nothing if there is no union to force the employers to stay in compliance. Another benefit of contract negotiations is that your employer also agrees to provide health coverage, legal representation, and retirement benefits. Your union dues provide for a number of benefits, legal services, campaign financing (PAC), financing of legislative initiatives that promote and provide protection for Correction Officers and their families, and contributions to the Widows and Children's Fund to assistsurvivors of deceased members. It also provides for public relations, arbitration, printing and mailings, professionals and consu Itants,

GENERAL & ADMINISTRATIVE EXPENSES: Officers' Expenses Automobile Expenses Delegates Allowance Conferences, Conventions and Seminars MemberServices MemberAnnualOuting Legislation, Fundraisers, Charitable Donations, DinnerDances & Subscriptions PublicRelations,Advertislng, Printingand Mailing: Collective Bargaining, Grievances and Arbitration Professiona I Fees Consulting Election

471,352

496,779

965,003 24,800 65,6S1 16,795

866,461 24,600 32,450

Subtotal

3,860,745

3,324,200

Total Expenses

5,285,106

5,249,657

Excess of Expenses over Revenue

$(451,966)

$(369,738)

NET ASSETS AVAI LABlE FOR BEN EFITS-BEGI NING NET ASSETS AVAILABLE FOR BENEFiTS-ENDING

2A04,158 1,952,192

1,952,192 1,582A54

Jt Isvery Important that members understand that our union dues DONOTprovide for any health and welfare fund benefits {I.e,optical, dental, drugs and legal},

TIle fund has been audited by an independent accounting firm in accordance with Its annual reporting obligation, TIle independent auditor has audited theaccompanying statements of financial position oftheCorrection Officers'Benevolent Assodation,Inc.as ofJune 30, 2006 and June 30, 2005 and therelated statements of activities and cash flows for theyears then ended. The audIts were conducted withauditing standards generally accepted IntheUnited States of America. These audits were conducted forthepurpose of forming anopinion on the basic financial statements taken as awhole. Such Information has been subjected totheauditing procedures applied in theaudit of the basic financial statements.

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STATE OF THE UNION :TREASURER'S REPORT CONTINUED The following is the Summary Annual Report of the Correction Officers' Benevolent Association Annuity Fund, Security Benefits Fund-Active and Security Benefits Fund-Retirees for calendar year 2006.

The Security Benefits Fund-Active receives $1480 per member/family, per year, directly from the City of New York. The Security Benefits Fund-Active pays for the supplemental Health and Welfare be nefits provided by the Correction Officers' Benevolent Association. These benefits/like the Optical, Dental, Anes~ thesia, Legal Services, Nursery and other benefits such as the Drug Prescription Program. Security Benefits Fund (Active) JANUARY 1, 2006 to DECEMBER31 , 2006

The Security Benefits Fund -Retiree receives $1475 per member/family, per year, directly from the City of New York. The Security Benefits Fund-Retiree functions much the same as the active, except that it is used exclus ively for the benefit of the Retirees. The Retiree's fund is in very good condition, and has allowed us to make improvements to the benefits provided to the Retirees. Security Benefits Fund (Retired) JANUARY 1, 2006 to DECEMBER31 , 2006

Employers' Contributions Interest Income

ACTIVE $13,837,796 315,593

Employers' Contributions Interest Income

RETIREE $8,065,648 82,440

Total Income

14,153,389

Total Income

8,148,088

Benefits for members Life Insurance Legal Benefits Drugs and Health Benefits Dental- Insured Dental- 5elf Insured Prescription Drugs Optical Anesthesia Operating Expenses Office salaries and related Payroll expenses Professional fees Administrative fees Rent Office Expenses

1,113,703 5,899,549 3,264,829 62,622 3,538,770 177,928 300

147,021 34,700 412,245 39,706 89,082

Total Deductions

14,780,455

DECREASE IN NET ASSETS AVAILABLE FOR BENEFITS

$(627,066)

NET ASSETS AVAILABLE FOR BENEFITS - BEGINING NET ASSETS AVAILABLE FOR BENEFITS - ENDING

Benefits for members Life Insurance Legal Benefits Drugs and Health Benefits Dental-Insured Dental- Self Insured Prescription Drugs Optical Anesthesia Hearing Aid Death Benefits Operating Expenses Office salaries and related Payroll expenses Professional fees Administrative fees Rent Office Expenses

147,021 13,800 337,005 39,706 55,398

Total Deductions

7,452,404

INCREASE IN NET ASSETS AVAILABLE FOR BENEFITS

$695,684

NET ASSETS AVAILABLE FOR BENEFITS - BEGINING

4,895,816

NET ASSETS AVAILABLE FOR BENEFITS - ENDING

5,792,004

187,485 1,799,658 151,648 4,261,291 87,079 3,382 900 368,031

11,262,995

11,322,517

STATE OF THE UNION : TREASURER'S REPORT CONTINUED

COBA EARNS $3.6 MILLION DOLLARS FOR CORRECTION OFFICERS

COBA ANNUITY FUND FOR THE YEAR ENDED DECEMBER 31, 2006 Additions to fund net assets attributed to: $3,404,855 Emplovers' contri buti on s

2006 was another good year for Correction Officers and their Annuity Fund. The fund earned more tha n 5% in the year ending in 2006. This fund is one of the most important fu nds managed by the COBA for Correction Officers. I'm very proud to report to COBA members that we are making money for them. The COBA Annuity Fund earned more than 3.6 million dollars of investment income for COBA members for the year ending 2006. As of December 31, 2006, the An nuity Fund has a balance of $64.6 million dollars. The investment performance of our Annuity Fund is impressive despite the volatility of the stock market.

COBA GIVES $5.7 MILLION DOLLARS IN ANNUITY MONEY TO CORRECTION OFFICERS In 2006 COBA PAID OUT MORE THEN $5.7 MILLION DOLLARS TO CORRECTION OFFICERS WHO RETIRED. This fund is one of the most important funds managed solely by the COBA Executive Board for Correction Officers. It is important because this is money that you get when we retire. This is money that Correction Officers who retired in 2006 used to relocate, or payoff or pay down their mortgages, or used as a down payment on a new home, or debt consolidation.

Investment income: Interest and dividends Realized gains Unrealized gains

$2,290,915 $850,414 $547,174

Total investment Income

$7,093,358

Less: Investment Expenses

$374,875

Total additions

$6,718,483

Deductions from net assetsattributed to: Benefits paid to participants

$5,763,298

Administrative expenses: Professional Fees Administrative Expenses Office salaries and related payroll costs Office Expenses Rent

$108,765 $20,203 $33,330 $20,772 $19,853

Total Deductions

5,966,221

INCREASE IN NETASSETS AVAILABLE FOR BENEFITS NET ASSETS AVAILABLE FOR BENEFITS - BEGINNING NETASSETS AVAILABLE FOR BENEFITS - ENDING

$752,262

$63,931,130 $64,683,392

COBA ANNUITY FUND Portfolio Asset Allocation 12/31/2006

COBA HEALTH AND WELFARE FUND RECEIVES INCREASE IN NOVEMBER 2007

Government & Agendes

S29,410,n6

As a result of the contract talks between the (OBA and the City of New York, COBA will receive an increaseof contributions to its Security Benefit Funds. Effective 11/1/07, the COBA Security Benefits FundActive will receive an increase of $200, bringing the City'S contribution to $1680 per member from S1480 per member contribution to S1680 per member from S1480 per mem ber.

Corporate Bonds

$11,080,300

Cash Equivalents & Accru ed

$397.5a l

Equities

$22,879,354

Total Market Value $63,768,011

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STATE OF THE UNION: WIDOWS' AND CHILDRENS' FUND WIDOWS & ORPHANS JANUARY 1, 2006 to DECEMBER, 31 2006 REVENUE: Contri bution s Sale of COBA Cards Rebates Fundraising Event - Dinner Dance

$62,313 $8,641 $6,650 $49,279

Total Revenue

126,883

EXPENSES:

Liz Castro 3rd Vice President Taking care and providing for your family is among the top commitments that this Executive Board has made since 1995. The state of our union is strong because of our continued success in supporting the family members within our COBA family. In 1995, this union did not have a fund to assist the families of our members who die while on active duty. In 1996, the COBA Executive Board established the COBA Widows' and Children's Fund to assist the children and spouses of Correction Officers, who died while on active duty. Eachyear, the money raised at the annual COBA Awards Dinner is used to provide a check in the amount of $250 to each family of adeceasedactive Correction Officer to help them purchase their Thanksgiving dinner. And during the holiday season, a check in the amount $250 is provided as a holiday gift to each widow/widower, Additionally, a check in the amount of $500 is provided to each eligible child of a deceased Correction Officer, ensuring that each bereaved family is not forgotten. In 2007, the COBA Widows and Children Fund raised over $80,000. Since 1996, the fund has aided 76 families of deceased Correction Officers. I would like to use two examples to personalize the impact of this support and the significant difference it has made in the lives of the children of deceased officers. Jaron Gore McNeil is the son of Correction Officer Jacqueline Gore, who passedaway in Aug ust of 2004. Officer Gore was assigned to AMKC. Jaron graduated from Christ the King High School in June 2006. He received a full scholarship to Hofstra Universi ty where he is now a sophorno re.

Thanksgiving Gifts Christmas Gifrs Dinner Dance

$15,000 $52,250 $49,279

Subtotal

$116,529

GENERAL & ADMINISTRATIVE EXPENSES: Insuranee s 1,683 Bank Charges Filing Fees Subtotal TotaI Expenses

$113 $35 $1,831 $118,360

Excess of Reven ue over Expenses

$8,523

WIDOWS & CHILDREN'S FUND DISBURSEMENTS YEAR

THANKSGIVING

CHRISTMAS

1997

53,500.00

$32,251.28

1998

56,250.00

$21,853,93

1999

$6,500.00

$24,231.23

2000

$4,500.00

522,889.08

2001

$4,250.00

$21,769.98

2002

$5,500.00

$31.500.00

2003

56,250.00

$35,310.40

2004

512,000.00

$48,500.00

2005

$13,000.00

551,750.00

2006

$15,000.00

$52,250.00

2007

$16,000.00

$59.500.00

The COBA has not forgotten Jaron or his three sisters and will continue to keep them cared for in the COBA family. Lauren A. Marcininkiewitz is the daughter of Correction Officer Theodore Marcinkiewitz. She is a sophomore on a full scholarship in the honors program at St. Thomas Aquinas College. She is working towards attaining a B.5 in elementary Education with a concentration in Social Science with the addition of Special Education. She has a 4.0 GPA. The COBA has kept is commitment to assisting Lauren and her two brothers. These are just two examples of the benefit of the fund.

s

STATE OF THE UNION: SCHOLARSHIP FUND SCHOLARSHIP FUND JUNE 1,2005 to MAY, 31 2006

Steve Robinson

Sergeant-at-Arms A large part o( keeping our union strong is our continued commitment to supporting the higher educational goals of our children. As you mayor may not know, (or many years the COBA did not provide the much needed assistance that all of our children need to be successful in school and therefore in life. That is why the Executive Board established a Scholarship Fund in 1996, wh ich prov id es $ 1,000 schola rshi p checks to the children of active Correction Officers. Because of our success and through the support of many generous donors, the fund has been able to expand its scope over the years to include scholarship awards (or Correction Officers who are continuing their education, as well as for retirees. The strength of our Scholarship fund is reflected by the unprecedented $281,000 in scholarships which have been awarded over the past thirteen years. To put this in perspective, there have been 226 children of active Correction Officers and 41 children of retired officers who have been provided with the necessary resources to assist them with their education. Moving forward, the Executive Board will maintain this vital commitment to supporting our children and to further strengthening our union .

REVENUE: Contributions Fundraising Event - Golf Outing Interest Total Revenue

$58,445 $43,000 $259 $101,704

EXPENSES: Annual Golf Outing Scholarship Awards

$88,869 $34,000

Subtotal

$122,869

GENERAL & ADMINISTRATIVE EXPENSES: Bank Charges Filing Fees

$149 $50

Subtotal

$199

Total Expenses

$123,068

Excess of Expenses over Revenues

$(21,364)

Scholarship Fund - 1996-2007 W&C

CO's

Retired

Year

Active

2007

19

2006

33

2005

32

3

2004

41

3

2003

26

6

2001

10

4

2000

9

1999

16

4

1998

15

5

1997

15

5

1996

10

Total

226

6

3

2

3

1

10

3

5

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STATE OF THE UNION: (OBA LEGISLATIVE REPORT

The Following Bills Have Been Introduced InThe NewYork State Legislature Thomas Farre ll Legislative Chairman The purpose of this speciallegis!ative report is to provide you with a summary of legislation, which has been signed into law as a result of the continuing efforts and commitment of (OBA President Norma n Sea brook and the Executive Board. Additiona lIy, this report outlines our legislative agenda for 2008 and for the future. The state of our union is strong because of the ground-breaking legislation that the COBA has successfully enacted into law over the cou rse of the past thi rteen years. A major reason for our numerous legislative successes has been the strong display of unity by the Executive Board,the Delegates, and the membership. When President Seabrook and I meet with legislators from acrossthe City and State of New York,those legislators are well aware that we are speaking with one voice for thousands of hardworking and dedicated New York City Correction Officers. Rest assured, the COBA will continue to fight tirelessly to achieve our legislative goals and to obtain the benefits that we so rightfully deserve.

• A BILL TO ESTABLISH A NYCERS MEDICAL REVIEW BOARD FORTIER 3 CORRECTION OFFICERS • A BILLTO ESTABLISH 2 SEPARATE SECTIONS FOR DISABILITY RETIREMENT FOR TAX PURPOSES • A BILL TO AUTHORIZE VSF PAYMENTS WHICH ARE LESS THAN STATUTORILY PRESCRIBED • A BILL TO GUARANTEE THE VSF FROM 2008 • A BILL TO REMOVE EARNING RESTRICTIONS FROM AN ORDINARY DISABILITY RETIREMENT • A BILL TO MAKE THE COBA PRESIDENT A MEMBER OFTHE BOARD OF TRUSTEES OF NYCERS • A BILL REMOVING THE 10 YEAR ELIGIBILITY REQUIREMENT FORTIER 3 ORDINARY DISABILITY RETIREMENT • FINAL AVERAGE SALARY • A BILL ALLOWING OFFICERS TO BORROW FROM THEIR ADDITIONAL MEMBER CONTRIBUTIONS INTHEIR PENSIONS • A BILL TO GRANT SERVICE CREDIT FOR OFFICERS INTHE 25 YEAR PENSION WHOWORK BEYOND 25 YEARS • A BILL WHICH WILL ALLOW THE REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS FOR ANY REASON OTHER THAN SERVICE RETIREMENT FOR ANY OFFICER WHO HAS COMPLETED 15 YEARS OR MORE OF SERVICE

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STATE OF THE UNION: (OBA LEGISLATIVE REPORT

35 SURVIVING SPOUSE MEDICAL COVERAGE 34 NYC MARSHALS LAW 33 WTC PRESUMPTION BILL AMENDED 32 SERVICE CREDIT PURCHASE FOR LAYOFF 31 RETIREE PENSION LOAN REPAYMENT

30 MILITARY DUTY DEATH BENEFIT 29 CHILD CARE LEAVE TIER 3 28 PATRIOT LAW EXTENSION 27 WTC PRESUMPTION BILL 26 EXCESS BENEFIT PLAN 25 AMC REFUND UPON DEATH 24 CHILD CARE LEAVE TIER 1 AND 2 23 PATRIOT LAW EXTENSION 22 PATRIOT LAW 21 STOP PAYING AMC AFTER 20YEARS 20 ACCIDENT CONFIDENTIALITY 19 20 YEAR PENSION REOPENER 18 ACCIDENTAL DEATH BENEFIT 17 SERVICE REQUIREMENT TO PURCHASE PRIOR SERVICE CREDIT 16 REMOVAL OF BREAK IN SERVICE 15 MILITARY BUY BACK BILL AMENDMENTTO INCLUDE PENSION CREDIT 14 DEFINED BENEFIT 13 PENSION ENHANCEMENT 12 TIER REINSTATEMENT

10 ANTI-PRIVATIZATI ON LAW 9 FIVE YEAR VESTING TIER 3

MAJOR LEGISLATION PASSED FOR

7 MILITARY BUY BACK BILL 6 HEART BILL 5 FIVE YEAR VESTING SUPPLEMENT

CORRECTION OFFICERS

4 THREE QUARTER BILL 3 FESCES BILL 2 PRIOR SERVICE BUY BACK BILL 1 20 YEAR RE-OPENER

1996

1997

1998

1999

2000

2001

2002

8

2003

2004

2005

2006

2007

STATE OF THE UNION: COBA LEGISLATIVE REPORT CONTINUED 1996 20 YEAR RE-OPENER: This bill allow ed any Tler 2 or Tier 3 Officer who missed fhe 2o-year enrollment period to enroll now.

BILLS SIGNED INTO LAW FOR CORRECTION OFFICERS

PRIOR SERVICE BUY BACK BILL This bill allowed Correction Officer to purchase Correction Service Credit from the date of appointment to the actu al enrollment In NYCERS.

FESCESBILL This bill allowed Inmates to be charged with a crime of assault for throwing human waste at a Correction Officer.

1997 THREE QUARTER BILL This bill allows a 75% tax-free pension for Correction Officer who Isdeemed disabled as: Direct 01 proximate cause of any inmate Contraction of HIV. Hepatitis, Tuberculcsrs where proof of fluid transmission exists.

1998 FIVE YEAR VESTING SUPPLEMENT This bill reduced the number of years needed to vest from 15 to 5 for 20-year Officers and from 10 to S for 2S-year Officers, Amended to Include TIer 1 and TIer 2 2o-year Officers

HEART BILL

2000

2004

PENSION ENHANCEMENT

PATRIOT LAW EXTENSION

This legislation stopped the 3 % pension contribution upon completion of 10 years of service for TIer 3 members and one month of credited service for each year worked to maximum of 24 months for ner 1 and TIer 2 Officers.

This bill extends the Patriot Law for an additional year

DEFINED BENEFIT Th is bill esta bli shed a payment schedule for the Variable Supplement Fund.

AMCREFUND UPONDEATH

MILITARY BUY BACK BILL AMENDMENT TO INCLUDE PENSION CRED IT

Th is b ill allow s for the refund of Additional Member Con tr ibut ions upo n the death of a TIer 3 Officer

This bill amended the originallegislatfon in lowerIng the cost of purchasing military service credit (rom approximately S117,000 to 3 percent of the member's prior 12 months salary from date of applicati o n.

REMOVAL OF BREAK IN SERVICE Thi s bi ll all ows Correclf on Offi cer the right to purchase credit for prior membership even though there was a break In service, thereby allowing members to purchase CETAService.

WTC PRESUMPTION BILL

SERVICE REQUIREMENT TO PURCHASE PRIOR SERVICE CREDIT This bill reduced the amount of service employment for a Correction Officer to purchase prior servIce from 5 years to 2 years.

MILITARY BUY BACK BILL

This bill provides an accidental death benefit payment equivalent to 100% of the Officer's salary to a deceased Officer's widow or widower. Provided that the Officer's accidental death was no fault of his own.

COLA This bill will allow retirees to receive a Cost of uvIng AllowanCE.'to their pension when pension investment returns are greater than the rate of infiaUon.

1999 FIVE YEAR VESTING TIER 3 This bill corrected any Inequities In the 1998 Legislation.

ANTI-PRIVATIZATION LAW

ACCIDENTAL DEATH BENEFIT

VSF

TIER REINSTATEMENT This bill allows Correct ion Officers to regain their prior TIer and Pension number If the member had previously removed their contributions from the pension system.

2005 Th is bill create s a presumptive eligibility for an accidental disability In connection with the World Trade Center tragedy of September 11, 2001.

PATRIOT LAW EXTENSION This bill extends the Patriot Law for an additional year

CHILD CARE LEAVE TIER 3 This bill allows TIer 3 Officer's to receive up to 1 year of service credit for each time such Officer is out on an authorized child care leave

MILITARY DUTY DEATH BENEFIT This law provides an "in service" death benefit for Officers who die whlle on Military Duty.

2001 20 YEAR PENSION REOPENER

RETIREE PENSION LOAN REPAYMENT This bill allows ret ired Officers the op po rt unity to

This bi ll allowed any TIer 2 or Tier 3 Officer who missed the 20-year enrollment period to enroll now.

repay in full at any time after retirement, their total outstanding loan balance at the time of retirement.

ACCIDENT CONFIDENTIALITY

SERVICE CREDIT PURCHASE FORLAYOFF

This bill required the Department to supply all necessary Information when a Correction Officer Is Involved In an accident while operatlnq a Departmental vehicle, thereby protecting the Correction Officer's personal informalfon.

This bill allows those Officers who were laid off to purchase service credit for the time they were laid off

This bill pr ohib its th e city from replacing Correction Officers with private security officers. This bill established a formula and star tlng date to create the Variable Supplement Fund for Correction Offi cer s.

EXCESS BENEFIT PLAN Thi s b ill provid es for an excess benefit plan to be established which would provide benefits to those pensioners whose annual retirement benefits are limited because those benefits exceed the IImlta· uons set by IRCSection 41 Sib) according to age.

This bill allows a 75% tax-free pension for a Correclion Officer who Is deemed disabled because of disease of the heart unless it can be medically proven not to be Job related. This bill allowed cerrecncn Officer the ability to purchase credited service (or time served In the active military during war or military conflicts prior to becoming a Correction Officer.

CHILD CARE LEAVE TIER 1 AND2 Th is bill allows Tier 1 and 2 Officer's to receive up to 1 yea r of service credit for each time such Officer Is out on an authorized child care leave

2006 WTC PRESUMPTION BILL AMENDED

2002

Th is b ill provides for a three quar ter d isability pension forWTC related Illnesses.

STOPPAYING AMC AFTER 20 YEARS

NYC MARSHALS LAW

This bil l all ow s Correction Officers In the 7.0-year pension to stop making the additional contribution upon completion of 20 years of service

This bill allows retired Officers who
2007

2003

SURVIVING SPOUSEMEDICAL COVERAGE

PATRIOT LAW This bill allows NYCER'S to suspend an Officer's obligation to repay any loan while on Military Status.

9

Thi s b ill pro vides t he op port un it y for a de ceased Officer's spouse to purchase medical benefits from the City at 2% above the rate of cost to the City.

STATE OF THE UNION: COBA LEGISLATIVE REPORT CONTINUED THE VARIABLE SUPPLEMENT FUND Asyou know the (OBA to the dlsbel ief of many, obta ined the Variable Supplement Fund legislation from the State of New York, which was signed by Governor Pataki in 2000. At that time, we informed you that in order for this benefit to continue to make annual payouts to retirees, the fund needed to create a"skim" ( a skim is created when NYCERS' investments substantially out perform the assumed rate of interests). The VSF received a "skim" of approximately $100,000,000 dollars from NY(ERS in the year 1999. The VSF successfully made payments to retired Correction Officers from 2000 to 2005. It made the following payouts: $&500

2000

$9,000

2001

$~SOO

$10,000

2002 2003

$10,500

2004

$11 ,000

2005

additional "skim" since the deposit of the S100,000,000 in 1999. As of June 30, 2007, there's approximately 534,000,000 in the VSF. There is a substantial amount of ground to be made up by NYCERS before the VSF is entitled to a"skim" from the pension fund. It is also important to understand that the legislation establishing the VSF permits only full payments of benefits for each year. If funding is not available for all eligible recipients to receive a full VSF payment, then no payments at all can be made. Wewi II be carefully monitoring the fu nds availabIe for the VSF each year and a payout will be made as soon as adequate funds exist Our VSF is guaranteed from the year 2019 onward, so ALL Correction Officers hired since 1999 will not be affected by this situation. We have considered legislation that would allow us to make appropriate changes in the future if need be. I am unwilling to entertain any changes to this benefit, as some from the City may have suggested, that would ultimately destroy the 2019 guarantee. The (OBA does not control the direction of the stock market nor the investments made by NYCERS. We will continue to address this issue for those officers retiring in the next few years and we will continue to diligently protect the financial interests of our members and their families.

Due to the events that occurred during the first few years, when the VSF was created, such as the downturn in the stock market and the events of 9/11, the VSF was unable to generate enoug h mo ney to continue its ann ual payouts in the years 2006 and 2007. Remember, The VSF hasn't received any

STATE OF THE UNION: LAID OFF OFFICERS RECEIVE RETRO PAY As promised by Norman Seabrook and the Executive Board, we have reached an agreement with the Department of Correction and the City of New York to pay all active laid off Officers. Those Correction Officers laid off on May 17, 2003 and June 6, 2003 restored to service either on November 17,2003 or January 14,2004, will be paid retroactively to their dates of original appointment, step increments. These payments will be inclusive of adjustments due to past earned overtime and steady night shift differential. 5 year longevity retroactive adjustments will follow.

WWW.COBANYC.ORG

This Tetro will be distributed on pay date March 20,2008.

10

STATE OF THE UNION : CONTRACTS The COBA Executive Board has successfully negotiated five contracts wh ich have si9nifica ntly increased yo ur sa laries and benefits, as well as, the benefits for your family. As you know, contract negotiations with the City of New York are never easy, They are made even more difficult during downturns in the economy and the worsening fiscal conditions of both the City and State of New York. The state of our union is strong because of the excellent contracts we have achieved. In addition to the increased contributions to longevity pay, the annuity fund, the active and retiree funds and the uniform allowances, the COBA Executive Board has dramatically improved wages for all Correction Officers. Specifically, since 1995, the (OBA has

Joseph Bracco 2nd Vice-President

NEW CORRECTION OFFICERS ANDTHE COBA CONTRACTS

obtained a 47% compounded raise for every Correction Officer.

Under the NEW contracts negotiated by Norman Seabrook and this Executive Board

ALL new Correction Officers received the following : • An additional four (4) vacation days (going from 12 vacations days during the first five years to 16 vacation days) • Annuity contributions from the first day of appointment as a Correction Officer (instead of AFTER the completion of five years) • Un iform aIlowa nee from 51,000 to 51,100 • Salary increases totaling 46.15% • Corrected the pay scale for Correction Officers hired after 1/1/06 (Five (5) years to reach basic pay as opposed to 5 1/2 years) • Corrected starting salary for Correction Officers who wi II be hi red after 9/1/08.

ANNUITY FUND INCREASES FOR CORRECTION OFFICERS WITH FIVE (5) YEARS OR MOREON THEJOB 1995 1995-2000 2000-2003 2003-2005

2005-2007

2007-2009

Annuity Increases $522.00 5522.00

$475.00 $1,041.00

$370.00 51,411.00

$44.37 $56637

$566.37

NEWCORRECTION OFFICERS WITH LESSTHAN FIVE (5) YEARS ON THEJOB GET ANNUITY CONTRIBUTIONS 2005-2007 2007-2009 $370.00 Annuity Increases $475.00 $845.00

LONGEVITY INCREASES 4/1/ 97 Longevi ty Increases 5 years $2000 10 years $3000 15 years $4000 20 years $5000

7/1/ 97 5690 $2690 53690 $4690 $5690

3/1/98 $140 $2830 $3830 $4830 $5830

6/1/99 $125 $2955 $3955 $4955 $5955

6/1/00 $290 $3245 $4245 $5245 $6245

11/1/02 $300 $3545 $4245 $5245 $6245

11/ 1/07 $314 $3859 $485 9 $5859 $6859

SALARY INCREASES 4/1195

$43,593

4/1197 711/98 611/99 8/1100 8/1/01 2/1103 211/04 3% Raise 3% Raise 6% Raise 5% Raise 5% Raise 5% Raise 5% Raise $44,901 $46,248 $49,023 $51,474 $54,048 $56,750 $59,588

All increases shown are BASE PAY ONLY • Eleven (11) Raises totalling 46.15%

'1

511/05 5 /1 /06 8/1107 8/1/08 3% Raise 3.15% 4% Raise 4% Raise 561,376 $63,309 $65,841 $68,475

• Total dollar amount is $24,882

STATE OF THE UNION: BENEFITS I am very pleased to report to you that over the course of many years and because of the diligent efforts of the (OBA Executive Board, our union has achieved many comprehensive benefits to Improve the quality of life for every (OBA member and their family. Ensuring that Correction Officers and their families receive excellent benefits, which are second to none, remains among the highest priorities for the (GBA. As you can see by the information provided below, the state of the union benefits is remarkably strong.

Prescription Plan Chandra LaSonde Financial Secretary

1995 Ann ual Maximum Cap on drug experises- S5,000 per family 1999 Annual Maximum Cap on drug experises rose to $ 10,000 per famiIy Pilot Program 0% co-payment for medications relating to life threatening illnesses

Pilot Program

Catastrophic Life Threatening Disease Prescription Drug Program

Optical Plan 1995

One paIr of prescription gl asses every 2 years Member Reimbursed up to S35

Introduced Opt1calVoucher Program

1997

One pair of prescription glasses every 18 months or contacts. $225.00 covered for prescription (bifocal) glasses $210.00 covered for prescription (single vision) glasses 2007

On-line access service. No paper vouchers required for glasses. Simply go to optical provider.

Life Insurance July 1995

October 1995

1999

Know Your Benefits!

2005

Eachmember insured for $50,000 Member's Spouse Insured for $5,000 Dependent Children Insured for $2,000 under the age of 19 years old Accidental Death and Dismemberment Coverage- principal sum of $30,000 Each member Insured for $75,000 Member's Spouse insured for $5,000 Dependent Children Insured for $2,000 under the age of 19 years old Accidental Death and Dismemberment Coverage- principal sum of $30,000 Each mem ber insured for $100,000 Member's Spouse insured for $5,000 Dependent Children insured for $2,000 under the age of 19 years old Accidental Death and Dismemberment Coverage- principal sum of $30,000 Each member Insured for 5125,000 Member's Spouse Insured $10,000 Dependent Children Insured for $5,000 under the age of 19 years old or up to 23 years old if they are unmarried and enrolled in an accredited institution. Accidental Death and Dismemberment Coverage- principal sum of $30,000

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STATE OF THE UNION: OATH & DISCIPLINARY MATTERS

Israel Rexach 1st Vice-President

I am pleased to report to you that the state of our union is strong because the COBA has maintained an excellent record in protecting the rights of Correction Officers both on and off duty. Because of the aggressive legal representation by (OBA's attorneys and the skillful negotiation between the Executive Board and the DOC,the COBA has significantly lowered the amount of OATH appearances for Correction Officers in recent years. Many frivolous cases have been thrown out before even reaching formal disciplinary proceedings. Of the OATH casesthat do go to trial, the COBA has been successful in winning the vast majority of those cases. In 1995, the number of appearances for Correction Officers hovered well over one thousand . In 2007, the COBA significantly reduced these appearances to approximately 450. Moving forward, we will continue to keep our union strong by vigorously defending and protecting the rig hts of every Correcti on Officer. Because officers often ask the union what they should expect if they are ordered to appear before an OATH hearing, I have included this helpful information which is detailed below:

What to Expect if You Are Ordered to Appear Before the Office of Administrative Trial and Hearings (OATH) The Office of Administrative Trials & Hearings (OATH) is the city agency designated to hear and adjudicate internal disciplinary matters for numerous city agencies. Pursuant to the New York City Charter, OATH has designated the Commissioner of Correction the authority to adjudicate disciplinary matters involving all members of the Department of Correction. Disciplinary matters adjudicated at OATH are usually of a more serious nature. At OATH, the initial appearance is a pretrial conference. At a pretrial conference, the Correction Officer and his/her attorney, an Executive Board member an attorney for the Department of Correction and an Administrative Law Judge hold a conference relating to the charges prior to a formal trial. It is the policy of OATH to have a pretrial conference prior to any proceeding. 1007 _20 09 Contract

Know Your Rights!

At the pretrial conference, the parties have an opportunity, either together or individually, to speak to an Administrative LawJudge and set forth their respective positions. The job of the Administrative Law Judge is to attempt to resolve the matter without a formal trial, whether by dismissal of the charges or through a negotiated plea agreement. If the pretrial conference does not result in the dismissal or settlement of the charges, the case is scheduled for a trial, usually three to four weeks after the pretrial conference. If you are called to appear at an OATH pre-trial conference, you should bring whatever documentation you have pertaining to the matter. Pretrial conferences at OATH are scheduled at least two weeks in advance of the conference date. Attorneys from COBA's law firm, Koehler & Isaacs LLP, receive discovery information on each matter two weeks prior to the pretrial conference and are available to discuss any disciplinary matter prior to your appearance at OATH. If you do not wish to discuss your case prior to the pretrial conference, attorneys from Koehler & Isaacs will appear to represent you at OATH and there will be an opportunity to discuss the matter prior to the pretrial conference.

13

STATE OF THE UNION: HEALTH UPDATE ON CANCER SURVEY As you know, COBA's law firm, Koehler & Isaacs LLp, recently mailed every Correction Officer a survey to address a common concern among the membership regardi ng the rate ofcancer related conditions among active and retired Correction Officers. As the cover letter that you received indicated this initial survey is an important fi rst step in coming to grips with any problems that may exist. Th is is however, a multi-step process, and it is important to note that while the law firm is beginning to receive the returned questionnaires from the membership, we are still in a very preliminary stage as this information is received on a daily basis. It is too early to draw any conclusions at this stage in a time intensive process.

Allen Blake Corresponding Secretary

Once it is evident that most of the membership has filled out and returned the questionnaire, this information will be taken to medical experts who will disseminate the collected data and then the medical experts will initiate an extensive analysis of the data. Specifically, they will categorize the responses as appropriate and use every resource available to ascertain whether the overall rate of cancer among Correction Officers is elevated above that of the general population. If the incidents of cancer are elevated, the next step will be attempting to identify potentially hazardous work locations that may be contributing to the elevated level. The union will then better be able to advise you on what remedies to pursue.The union can also use this information to influence the Department of Correction to rectify any hazardous conditions. Thank you very much In advance for your continued cooperation.

STATE OF THE UNION:

FAMILY DAY BRINGING FAMILIES TOGETHER FAMILY DAY AT RYE PLAYLAND Prior to 1998, the COBA sponsored no activities whatsoever aimed at bringing Correction Officers and thei r fami lies together. All that changed on July 11, 1998, when COBA sponsored its first-ever family outing for New York City's Boldest at Rye Playland Amusement Park in Rye, New York.

Karen Belfield Recording Secretary

Each subsequent year, food, rides, music and admission were free to Correction Officers, their spouses and their children from mid-day through dusk. (OBA members and their families gloried in the sun, fun, and rides. The response and the praise were so great that many officers and their families write us each year to thank the COBA for sponsoring this festive event. This is the union's way of giving back to all (OBA members so they can have one day out of the year to share their family with the COBA family. And by sharing and keeping our families together, each of us plays a role in keeping the state of our union strong.

14

uestions? eed Answers?

Con

ct Your Union!

ASK YOUR UNION! JOIN THE (OBA EMAIL HOTLINE! Go to www.cobanyc.org and Sign Up! GET THE LATEST INFORMATION ON THE CONTRACT, LEGISLATION, COBA BENEFITS AND WHAT'S GOING ON IN THE UNION . LCASTRO @COBANVC.ORG I [email protected] I [email protected] SROBINSON @COBANVC.ORG I JBRACCO @COBANVC.ORG I [email protected] EHUSAMUDEEN @COBANVC.ORG I KBELFIELD@COBA NVC.ORG I IREXACH@COBA NVC.ORG

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2008 COBA CARDS AVAILABLE Contribute to the COBA Widows and Children's Fund by buying as many 2008 COBA Cards as you can. All proceeds from the sale are earmarked for the COBA Widows and Children's Fund. The cost is $1 per card. Orders should include additional funds to cover postage: 41 cents for one to three cards, 92 cents for four to ten cards and $1.65 for eleven totwenty cards.

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