The Workers’ Compensation system does not meet the needs of the workforce. It is essential that diagnostic tests be performed in a timely basis so that treatment can result in a worker being restored to health and returned to the work force. The time frame promulgated in Section 71 of the Civil Service law needs to be increased to two years. We are supporting the following:

1. Any bill that changes the payment structure to injured workers from incremental payments to one lump sum payment.  Historically, “Schedule Loss of Use” awards were in fact in one lump sum. However, the NYS Court of Appeals concluded that such payments contravened the specific language of the Workers’ Compensation Law.
   
2.  Support a bill to include those who are permanently and totally disabled and who are also eligible for Social Security Disability benefits. The purpose of this bill is to create a presumption of permanent total disability for those claimants who are subsequently also found eligible for Social Security Disability benefits. It should be noted that it is presently very common for injured workers to be found totally disabled by Social Security yet only partially disabled by the New York State Workers’ Compensation Board.
   
3. Expansion of World Trade Center Rescue, Recovery and Cleanup Operations Benefits to those who repaired, cleaned or rehabilitated vehicles or equipment, including emergency vehicle radio equipment owned by any agency, authority, department or the City of New York, that were contaminated by debris in the World Trade Center site, regardless of whether the work was performed within the defined WTC site, provided such work was performed prior to completion of the decontamination of such vehicles or equipment. The purpose of this amendment is to afford coverage to those workers who are responsible for the cleanup and rehabilitation of vehicles from the WTC site and cleaned off premises. Numerous workers were exposed to contaminated debris and are not entitled to benefits. We believe that the failure to include these workers was an oversight.
   
4. Support only modifications to the existing medical guidelines at the Workers’ Compensation Board which strictly reflect the directive as contained in the 2017 NYS budget. Said directive authorized modifications based solely on advancements in medical technology.
   
5. Clarifying Line of Duty Injury language to reverse inconsistent and draconian interpretations of what constitutes Line of Duty Injury under the RSSL.
   

The New York State Public Employee Conference applauds the efforts of our elected officials in providing a permanent Cost of Living Adjustment for our retirees. However, we submit that further legislation is needed to make improvements. We seek legislation to grant a “Catch-up” for all those individuals who retired prior to 1966. Spouses of deceased retirees currently receive 50%. That should be increased to 100%. The cap should also be increased from $18,000 to $25,000, and eligibility should be changed from age 62 and retired for five years, to age 55 and retired for five years.

Remedial action is needed, since many public servants have been wrongfully denied their rightful retirement benefits.  Such denial causes unreasonable hardships as retirees progress further into their retirement years. NYSPEC seeks legislation that will revive the cause of action for those members who took the necessary steps to qualify for retroactive membership, but were denied, and failed to bring action within the time allowed by law, or whose case was dismissed without prejudice or not decided upon the merits.

Enactment of legislation is urgently needed to ensure that patients receive quality health care services. Research studies and consumer satisfaction polls clearly show a relationship between RN staffing and quality of care. New York’s workforce is entitled to the best health care services, and that must include an optimal nurse-to-patient ratio.  Minimum safe staffing levels must be regulated to protect the public from harm. Requiring safe staffing would prohibit employers from using mandatory overtime as a nurse staffing solution other than in defined emergencies.

In 2021, New York State recognized the importance of minimum staffing for nurses in general hospitals and nursing homes to ensure that patients receive quality health care services by enactment of laws that create compliance committees. 

Recent developments in the correctional services have highlighted the need for minimum staffing levels in jails and prisons to ensure the safety of staff and the incarcerated persons in their charge. Complusory overtime to cover staffing shortages – regardless of whether these shortages are short-term resulting from exigent circumstances, or long-term resulting from poor budgetary decisions – is dangerous at the very least. A mayoral decision to not hire correction officers, and then to force existing staff to work 24-hour shifts during a public health emergency, is sheer incompetence. 

The time has come to examine staffing levels, not only in the correctional services, but in all areas of public employee responsibility, as is being done for the nurse-to-patient ratios in general hospitals and nursing homes. Enactment of legislation which would prohibit employers from using compulstory overtime as a staffing solution(other than in defined emergencies) is needed. Additionally, legislation establishing compliance committees relative to all first responder / front line job specifications is urgent, and these committees must each include rank-and-file public employee union representatives. 

As a first step toward this goal, enactment of Senate Bill 7435 (Senator Savino) / Assembly Bill 8308 (MoA Weprin) is necessary.  This legislation restricts compulsory overtime that impacts public employees’ health and/or their ability to perform their duties, except during declared states of emergency.

Subject to the provisions of any general, specific, or local law, charter, code, ordinance, resolution, rule, regulation or contractual agreement, and to the extent not inconsistent therewith, any legislation that will guarantee health benefits for public employees who retire and that guarantees the continuation of existing benefits for those who have already retired.

Certain current public employees enjoy the ability to purchase retirement service credit for time spent serving in the military. We sincerely thank the legislature and the governor for the enactment of Chapter 41 of 2016, which significantly increased the pool of public employees who are eligible for the benefit. However, those who have retired from public service, as well as those who have not yet vested in their retirement system, should also be afforded this opportunity as a result of their selfless service to their country during which time they were unable to accrue service credit.

For more than a century, the public’s confidence in our democratic form of government has been reinforced when only the most qualified candidates having an equal opportunity to compete are appointed and promoted objectively to the public service. New York State’s Constitution Article V, Section 6 requires that appointments and promotions to the public service be made in accordance with merit and fitness and: “as far as practicable, by examination which, as practicable, shall be competitive; ...”

History has shown and we strongly believe that competitive examinations are practicable. Therefore, NYSPEC supports the enforcement of this enduring constitutional provision as the cornerstone for the selection of qualified individuals in the public service. Furthermore, we oppose any attempts to circumvent, diminish, or undermine the full enforcement of Civil Service Law.

Recent decisions from the Court of Appeals have nullified the employee's ability to receive a fair and objective hearing during disciplinary processes. This stands in direct contrast to basic American jurisprudence. NYSPEC advocates new legislation to require the appointment of an independent hearing officer for those cases in which an employee faces dismissal. Every employee should have the right to a fair and neutral hearing officer when his/her career is threatened. This longstanding inequality should be corrected.

There are several proposals that would provide some type of tier/pension equity for many of our members. For example, all public employees should be eligible for essential benefits that exist for certain members, such as Line of Duty Disability and the “death gamble.”  Furthermore, any caps or limitations on earning of service credit affecting any public employee should be eliminated. NYSPEC will review all proposals for tier/pension equity and support appropriate measures.  Equalize contribution rates and remove any dollar-for-dollar or social security offset penalty as it applies to any pension tier.

Several decades ago, the “heart bill” was passed as a temporary law to provide police officers and firefighters assistance in the event their employment was disrupted as a result of heart disease. Physical evidence clearly indicates that not only police officers and firefighters, but other public employees, because of the pressure and stress of their jobs, suffer heart disease at a higher rate than the general public, and the Legislature has acknowledged this with the addition of correction officers, EMTs, sanitation workers and court officers to the heart bill. The time has come to make the heart bill permanent, and to include other classifications that are similarly situated.

Clarifies presumptions pertaining to heart-related disabilities or deaths suffered by members of the New York State and Local Police and Fire Retirement System, and the New York State and Local Employees’ Retirement System. Maintains that a presumption exists that the injury was incurred in the performance of the victim’s duties and was the natural and proximate result of an accident.

The underlying tenet of the Taylor Law is that all parties are to negotiate in good faith. Dragging out contract negotiations, sometimes for many years after the expiration of a contract, is financially harmful to public employees and their families. It also can cause severely low morale. Currently the law is weighted heavily in favor of the employer, providing a no-strike clause with severe financial penalties and loss of dues check off. The sections of the Taylor Law that protect employees’ rights must remain intact.

Protection for union officials who speak out on behalf of their members, regardless of the severity of their statements with respect to elected or appointed officials, must be included.  Enactment of Senate Bill 7355 (Senator Savino) / Assembly Bill 8411 (MoA Abbate) would codify this protection.

We seek to introduce and promote legislation that will provide all members who are employed by state and local governments, and who are members of a public retirement system who retire from service, with a benefit that is comparable to the so-called “Variable Supplements Fund” that is received by certain uniformed forces of the City of New York.

Pensions for public employees must be guaranteed.

• No future diminution of sufficient funding and no “raids” on pension systems’ funds for any reasons should be allowed.  The current climate of elimination or diminishment of pensions in the private sector is deplorable, and can be blamed solely on the insufficient funding and poor management of those private pension plans. NYSPEC needs the help of the Legislature in monitoring and ensuring these guarantees, and supports efforts to expand Martin Act protections to public employee and private sector union systems. This bill “Authorizes a public retirement system, as defined in Section 501 of the Retirement and Social Security Law, mutual fund, or other institutional investor to bring actions for damages sustained due to the commission of certain prohibited and criminal acts in violation of the Martin Act (Fraudulent Practice in Respect to Stocks, Bonds and Other Securities).”
• Once a public employee has vested rights in a pension system, that pension must be guaranteed.

Waivers for continuing employment of public employees in the public sector should be treated in a fashion that addresses the needs of the specific employment situation, and does not inhibit advancement from within.

The ability to obtain fiscal notes with respect to pension legislation affecting NYC employees must be addressed.

All public employees’ survivors should be permitted to purchase COBRA at the same rates as the survivors of Uniformed Services’ employees.

Employers must be required to abide by the New York State Public Employment Relations Board (PERB) and the New York City Office of Collective Bargaining (OCB) decisions regardless of their claims with respect to ability to pay.

Employees are suspended for long stretches of time prior to being afforded the ability to defend themselves in a disciplinary hearing. Long periods of suspension prior to a hearing act as a prejudged disciplinary sentence that places untenable financial burdens on the employee, while giving the employer no incentive to expedite a fair disciplinary process.  The Public Employee Conference strongly advocates legislation to limit the amount of time an employee is suspended prior to a fair disciplinary hearing.

Enactment of legislation is urgently needed to ensure that all public employers provide adequate staffing levels of supervision for emergency services such as police, fire, EMS, and TBTA for the purpose of maintaining span of control during emergencies and the daily operations of emergency services.

Enactment of legislation is urgently needed to ensure that all public employers provide adequate staffing levels of supervision for all emergency personnel acting in support of emergency services for the purpose of maintaining span of control during emergencies and the daily operations in support of emergency services.

Inclusion in the New York State budget of increased and permanent funding for the City University of NewYork School of Labor until it is fully funded at $7.2 million.

Any and every proposal to provide the resources necessary to build a path for success for all individuals charged, convicted and sentenced to imprisonment or community supervision. However, the path for success requires those individuals convicted and sentenced for crimes to abide by the previously established rules for re-entry into the community.

Legislation to reform the current parole process must maintain as a central mission that parolees are ultimately responsible for their own success and that parole officers have a responsibility to keep communities safe from individuals who are knowingly and willfully violating the agreed upon terms and conditions of their release from incarceration.

Eliminating the potential for sanctions against parolees for violating the terms of their parole hurts the rehabilitation process, reinforces negative behaviors and potentially puts the community at risk. It is inappropriate and harmful to the rehabilitation process for parolees to be relieved of responsibility for violating the conditions of their release, including consuming illegal drugs, consuming alcohol, reporting their residence, changes in their residency, etc. to their parole officers.

Parole officers serve to guide, support and help parolees transition back to society and to protect the public during this transition process.  The overarching goal of parole officers' is to help parolees safely and successfully reintegrate back into the community. 

Real Parole Reform Needs to Provide Resources and Protect Communities

New York state is facing a perilous fiscal situation with a $15 billion shortfall in the current fiscal plan and a projected $60 billion deficit over the next three years.  Absent a significant infusion of resources, agency budgets and personnel are likely to be cut – including the dedicated staff at the division of parole.

Instead of removing the parolee's responsibility for success, the state needs to build a process with the appropriate resources, oversight and support necessary to help parolees succeed over the long-term.  NYS PEC believes that the best path to success includes the following elements:

• Adequate Staffing:  The state has reduced the number of parole officers.  This fact coupled with "compassionate" release and the release of other low-level offenders has increased parole officer caseloads exponentially.  Expand the number of parole officers to reduce the overall caseloads so parole officers can actually manage and help clients succeed in their communities
• Real Support for Parolees:  Provide resources for state and local governments to provide education and job training, health care and social services support (i.e., child care, food, housing, etc.) so parolees have a chance for success.
• Accountability and Responsibility:  If the state is able to provide adequate staffing and appropriate social and other supports, then parolees need to be held accountable for violating the terms and conditions that they agreed to as a condition of parole.

Enactment of legislation is needed which would require mandatory consecutive sentencing for any individual who, while in custody of the police, the courts, or corrections, and is a defendant in a criminal case, commits a violent act such as assault, whether physical or sexual, against any police, court, or correctional personnel.  If charged with that crime and found guilty, that individual must be sentenced consecutively and not concurrent to any sentence they are already serving or are sentenced to.