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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, Recently, you received a package from the union in the mail.
This package contains three booklets which are very impor-
I hope this letter finds you in tant to you as COBA members. First and foremost, it contains
the best of spirits and most of the updated Constitution and By Laws which govern the op-
all, the best of health. Recently, eration of the union. Secondly, it contains a copy of the most
a number of (OBA members recent contract, which outlines the agreement between us,
have expressed their interest in the Department of Correction and the City of New York. Fi-
learning about the state of the nally, it contains the updated benefits booklet.
union. I am writing to bring
you and your fellow officers up The Executive Board and I have negotiated the last five con-
to date on the state of the Cor- tracts on beha If of you and your fami ly, Thro ug h these neg 0-
Norman Seabrook rection Officers' Benevolent As- tiations, we have been successful in obtaining significant
sociation. As the President of raises, annuity contributions, added vacation days, increased
COBA President
this organization, I am respon- longevity money, night differential, holiday pay, additional
sible for keeping you informed and up to date on those mat- benefits and so much more.
ters that affect the union and the membership. The Executive
Board and I regularly communicate to you through newslet- I am proud to report that because of these significant accom-
ters, letters, flyers, ernails, teletypes, the website and through plishments and the efforts made by the entire COBAteam, the
the delegate body. We make every possible effort to ensure state of 0 ur union is stro ng er than ever and it is an orga niza-
you are always aware of the most important issues that con- tion that each and every officer can be proud to be a part of
cern you and your family. Additionally, the Executive Board and depend on, twenty-four hours a day, seven days a week.
members frequently visit each and every command to main-
tain a dear and consistent exchange of vital information be- In closing, I would like to note that none of these achieve-
tween the union and the membership. ments would ever have been possible withoutthe continued
support that you and your fellow officers have provided us.
This newsletter contains everything you need to fully under- Because of you the state of our union is not only strong, it is a
stand the state of the union. You will hear from each board successful team. And as you know, TEAM stands for--
member reporting to you on different union areas. TOGETHER EVERYONE ACHIEVES MORE.

The Executive Boa rd. the delegates, the alternate delegates


and I, have been fighting vigorously over the years to both May God continue to bless you and your family,
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 suc-
cessful contract negotiations, enacting ground-breaking leg-
islation, 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 Norman Seabrook
serves you to the fullest possible extent. President
STATE OF THE UNION :
TREASURER'S REPORT
COBAFINANCIALSTATEMENT
JULY1,2004 to JUNE,30 2005 • JULY1,2005 to JUNE,30 2006

2005 2006
REVENUE:
Dues $4,237,599 $4A05,336
Interest Income 1,686 7,003
Other 59,088 11,353
Expense Allocation Reimbursement - Active 266,141 171,080
Expense Allocation Reimbursement - Reti ree 194,729 165,687
Expense Allocation Reimbursement - Annuity 73,897 119,460
Total Revenue 4,833,14<1 4,879,919

Elias Husamudeen OFFICE EXPENSES:


Treasurer Office Expenses 206,273 189,904
Office Salaries 529,557 492,267
Payroll Taxes & Employee Benefits 179,863 209,852
YOUR UNION DUES Telephone and Related Services 156,789 145,398
Dues are deducted from every paycheck. Rent 351,879 388,036
This is called a dues checkoff. Union dues
pay for the expense of running the union. Subtotal 1,424,361 1,425,457
A major portion of your dues helps the union
to perform its chief function - negotiating a GENERAL & ADMINISTRATIVE EXPENSES:
contract with your employer. The union Officers' Expenses 590,868 846,463
organizes a negotiating team consisting of Automobile Expenses 215,SS8 204,504
Delegates Allowance 463,896 420,650
the Executive Board, delegates, members,
Conferences, Conventions and Seminars 248,683 271,066
lawyers and other labor experts to represent
MemberServices 130,996 101,666
your interest at the bargaining table. The MemberAnnualOuting 385,628 401,072
employer then signs a contract to provide Legislation, Fundraisers, Charitable Donations,
you with better wages, job security, a fair DinnerDances & Subscriptions 281,S1S 158,489
grievance process, and better working con- PublicRelations,Advertislng,
ditions, including vacations, holidays, sick Printingand Mailing: 471,352 496,779
leave, premium pay and overtime. Collective Bargaining,
Grievances and Arbitration 965,003 866,461
Professiona I Fees 24,800 24,600
In addition, the union is responsible for
Consulting 65,6S1 32,450
ensuring that the employer follows the terms
Election 16,795
of the contract. Delegates, union attorneys,
and other union officials represent members Subtotal 3,860,745 3,324,200
if they have work place grievances or some
other problem with the employer. Your Total Expenses 5,285,106 5,249,657
contract means absolutely nothing if there is
no union to force the employers to stay in Excess of Expenses over Revenue $(451,966) $(369,738)
compliance. Another benefit of contract
NET ASSETS AVAI LABlE FOR BEN EFITS-BEGI NING 2A04,158 1,952,192
negotiations is that your employer also
NET ASSETS AVAILABLE FOR BENEFiTS-ENDING 1,952,192 1,582A54
agrees to provide health coverage, legal
representation, and retirement benefits. 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},
Your union dues provide for a number of
benefits, legal services, campaign financing
(PAC), financing of legislative initiatives that TIle fund has been audited by an independent accounting firm in accordance with Its annual
promote and provide protection for Correc- 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
tion Officers and their families, and contribu- therelated statements of activities and cash flows for theyears then ended.
tions to the Widows and Children's Fund to
assistsurvivors of deceased members. It also The audIts were conducted withauditing standards generally accepted IntheUnited States of America.
provides for public relations, arbitration, 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
printing and mailings, professionals and of the basic financial statements.
consu Itants,

2
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 mem- The Security Benefits Fund -Retiree receives $1475 per mem-
ber/family, per year, directly from the City of New York. The Se- ber/family, per year, directly from the City of New York. The Se-
curity Benefits Fund-Active pays for the supplemental Health curity Benefits Fund-Retiree functions much the same as the
and Welfare be nefits provided by the Correction Officers' Benev- active, except that it is used exclus ively for the benefit of the Re-
olent Association. These benefits/like the Optical, Dental, Anes~ tirees. The Retiree's fund is in very good condition, and has al-
thesia, Legal Services, Nursery and other benefits such as the lowed us to make improvements to the benefits provided to the
Drug Prescription Program. Retirees.

Security Benefits Fund (Active) Security Benefits Fund (Retired)


JANUARY 1, 2006 to DECEMBER31 , 2006 JANUARY 1, 2006 to DECEMBER31 , 2006

ACTIVE RETIREE
Employers' Contributions $13,837,796 Employers' Contributions $8,065,648
Interest Income 315,593 Interest Income 82,440

Total Income 14,153,389 Total Income 8,148,088

Benefits for members Benefits for members


Life Insurance 1,113,703 Life Insurance
Legal Benefits 5,899,549 Legal Benefits 187,485
Drugs and Health Benefits Drugs and Health Benefits
Dental- Insured 3,264,829 Dental-Insured 1,799,658
Dental- 5elf Insured 62,622 Dental- Self Insured 151,648
Prescription Drugs 3,538,770 Prescription Drugs 4,261,291
Optical 177,928 Optical 87,079
Anesthesia 300 Anesthesia 3,382
Operating Expenses Hearing Aid 900
Office salaries and Death Benefits 368,031
related Payroll expenses 147,021 Operating Expenses
Professional fees 34,700 Office salaries and related
Administrative fees 412,245 Payroll expenses 147,021
Rent 39,706 Professional fees 13,800
Office Expenses 89,082 Administrative fees 337,005
Rent 39,706
Total Deductions 14,780,455 Office Expenses 55,398

DECREASE IN NET ASSETS Total Deductions 7,452,404


AVAILABLE FOR BENEFITS $(627,066)
INCREASE IN NET ASSETS
NET ASSETS AVAILABLE FOR AVAILABLE FOR BENEFITS $695,684
BENEFITS - BEGINING 11,262,995
NET ASSETS AVAILABLE FOR
NET ASSETS AVAILABLE FOR BENEFITS - BEGINING 4,895,816
BENEFITS - ENDING 11,322,517
NET ASSETS AVAILABLE FOR
BENEFITS - ENDING 5,792,004
STATE OF THE UNION : TREASURER'S REPORT CONTINUED

COBA EARNS $3.6 MILLION DOLLARS COBA ANNUITY FUND


FOR CORRECTION OFFICERS FOR THE YEAR ENDED DECEMBER 31, 2006

2006 was another good year for Correction Officers Additions to fund net assets attributed to:
and their Annuity Fund. The fund earned more Emplovers' contri buti on s $3,404,855
tha n 5% in the year ending in 2006. This fund is one
Investment income:
of the most important fu nds managed by the COBA Interest and dividends $2,290,915
for Correction Officers. Realized gains $850,414
Unrealized gains $547,174
I'm very proud to report to COBA members that we
Total investment Income $7,093,358
are making money for them. The COBA Annuity
Fund earned more than 3.6 million dollars of in- Less: Investment Expenses $374,875
vestment income for COBA members for the year
ending 2006. As of December 31, 2006, the An nu- Total additions $6,718,483
ity Fund has a balance of $64.6 million dollars. The
Deductions from net assetsattributed to:
investment performance of our Annuity Fund is im-
Benefits paid to participants $5,763,298
pressive despite the volatility of the stock market.
Administrative expenses:
COBA GIVES $5.7 MILLION DOLLARS Professional Fees $108,765
Administrative Expenses $20,203
IN ANNUITY MONEY TO CORRECTION Office salaries and related payroll costs $33,330
OFFICERS Office Expenses $20,772
Rent $19,853
In 2006 COBA PAID OUT MORE THEN $5.7
Total Deductions 5,966,221
MILLION DOLLARS TO CORRECTION OFFICERS
WHO RETIRED. This fund is one of the most im- INCREASE IN NETASSETS
portant funds managed solely by the COBA Execu- AVAILABLE FOR BENEFITS $752,262
tive Board for Correction Officers. It is important NET ASSETS AVAILABLE
FOR BENEFITS - BEGINNING $63,931,130
because this is money that you get when we
NETASSETS AVAILABLE
retire. This is money that Correction Officers FOR BENEFITS - ENDING $64,683,392
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. COBA ANNUITY FUND
Portfolio Asset Allocation 12/31/2006
COBA HEALTH AND WELFARE FUND
RECEIVES INCREASE IN Government & Agendes
S29,410,n6
NOVEMBER 2007

As a result of the contract talks between the (OBA


and the City of New York, COBA will receive an in-
creaseof contributions to its Security Benefit Funds.

Effective 11/1/07, the COBA Security Benefits Fund-


Active will receive an increase of $200, bringing the Corporate Bonds Cash Equivalents & Accru ed Equities
$11,080,300 $397.5a l $22,879,354
City'S contribution to $1680 per member from
S1480 per member contribution to Total Market Value $63,768,011
S1680 per member from S1480 per mem ber.

4
STATE OF THE UNION:
WIDOWS' AND CHILDRENS' FUND
WIDOWS & ORPHANS
JANUARY 1, 2006 to DECEMBER, 31 2006
REVENUE:
Contri bution s $62,313
Sale of COBA Cards $8,641
Rebates $6,650
Fundraising Event - Dinner Dance $49,279
Total Revenue 126,883

EXPENSES:
Liz Castro Thanksgiving Gifts $15,000
3rd Vice President Christmas Gifrs $52,250
Dinner Dance $49,279
Subtotal $116,529
Taking care and providing for your family is
among the top commitments that this Exec-
GENERAL & ADMINISTRATIVE EXPENSES:
utive Board has made since 1995. The state
Insuranee s 1,683
of our union is strong because of our
Bank Charges $113
continued success in supporting the family
Filing Fees $35
members within our COBA family. In 1995,
Subtotal $1,831
this union did not have a fund to assist the
TotaI Expenses $118,360
families of our members who die while on
active duty. In 1996, the COBA Executive
Excess of Reven ue over Expenses $8,523
Board established the COBA Widows' and
Children's Fund to assist the children and
spouses of Correction Officers, who died WIDOWS & CHILDREN'S FUND DISBURSEMENTS
while on active duty. Eachyear, the money
raised at the annual COBA Awards Dinner is YEAR THANKSGIVING CHRISTMAS
used to provide a check in the amount of 1997 53,500.00 $32,251.28
$250 to each family of adeceasedactive Cor- 1998 56,250.00 $21,853,93
rection Officer to help them purchase their
1999 $6,500.00 $24,231.23
Thanksgiving dinner. And during the holiday
season, a check in the amount $250 is pro- 2000 $4,500.00 522,889.08
vided as a holiday gift to each widow/wid- 2001 $4,250.00 $21,769.98
ower, Additionally, a check in the amount of 2002 $5,500.00 $31.500.00
$500 is provided to each eligible child of a
2003 56,250.00 $35,310.40
deceased Correction Officer, ensuring that
each bereaved family is not forgotten. 2004 512,000.00 $48,500.00
2005 $13,000.00 551,750.00
In 2007, the COBA Widows and Children 2006 $15,000.00 $52,250.00
Fund raised over $80,000. Since 1996, the
2007 $16,000.00 $59.500.00
fund has aided 76 families of deceased
Correction Officers. I would like to use two
examples to personalize the impact of this The COBA has not forgotten Jaron or his three sisters and will continue to keep
support and the significant difference it has them cared for in the COBA family.
made in the lives of the children of deceased
officers. Jaron Gore McNeil is the son of Lauren A. Marcininkiewitz is the daughter of Correction Officer Theodore
Correction Officer Jacqueline Gore, who Marcinkiewitz. She is a sophomore on a full scholarship in the honors program
passedaway in Aug ust of 2004. Officer Gore at St. Thomas Aquinas College. She is working towards attaining a B.5 in
was assigned to AMKC. Jaron graduated elementary Education with a concentration in Social Science with the addition
from Christ the King High School in June of Special Education. She has a 4.0 GPA. The COBA has kept is commitment to
2006. He received a full scholarship to Hofs- assisting Lauren and her two brothers. These are just two examples of the ben-
tra Universi ty where he is now a sophorno re. efit of the fund.

s
STATE OF THE UNION:
SCHOLARSHIP FUND

SCHOLARSHIP FUND
JUNE 1,2005 to MAY, 31 2006
REVENUE:
Contributions $58,445
Fundraising Event - Golf Outing $43,000
Interest $259
Total Revenue $101,704

EXPENSES:
Steve Robinson Annual Golf Outing $88,869
Sergeant-at-Arms Scholarship Awards $34,000

A large part o( keeping our union strong is Subtotal $122,869


our continued commitment to supporting
the higher educational goals of our GENERAL & ADMINISTRATIVE EXPENSES:
children. As you mayor may not know, (or Bank Charges $149
many years the COBA did not provide the Filing Fees $50
much needed assistance that all of our
children need to be successful in school and Subtotal $199
therefore in life. That is why the Executive
Board established a Scholarship Fund in Total Expenses $123,068
1996, wh ich prov id es $ 1,000 schola rshi p
checks to the children of active Correction Excess of Expenses over Revenues $(21,364)
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 Scholarship Fund - 1996-2007
who are continuing their education, as well
as for retirees. Year Active W&C CO's Retired

The strength of our Scholarship fund is 2007 19 3


reflected by the unprecedented $281,000 in 2006 33 2 3
scholarships which have been awarded
over the past thirteen years. To put this in 2005 32 3
perspective, there have been 226 children
2004 41 3
of active Correction Officers and 41 children
of retired officers who have been provided 2003 26 6
with the necessary resources to assist them
2001 10 4
with their education. Moving forward, the
Executive Board will maintain this vital com- 2000 9 3 5
mitment to supporting our children and to
further strengthening our union . 1999 16 4

1998 15 5
1997 15 5

1996 10

Total 226 1 10 41

6
STATE OF THE UNION:
(OBA LEGISLATIVE REPORT

The Following Bills Have Been


Introduced InThe NewYork State
Legislature
• A BILL TO ESTABLISH A NYCERS MEDICAL REVIEW BOARD
FORTIER 3 CORRECTION OFFICERS
Thomas Farre ll
Legislative Chairman
• A BILLTO ESTABLISH 2 SEPARATE SECTIONS FOR DISABILITY
The purpose of this speciallegis!ative report
RETIREMENT FOR TAX PURPOSES
is to provide you with a summary of
legislation, which has been signed into law • A BILL TO AUTHORIZE VSF PAYMENTS WHICH ARE LESS
as a result of the continuing efforts
and commitment of (OBA President
THAN STATUTORILY PRESCRIBED
Norma n Sea brook and the Executive Board.
Additiona lIy, this report outlines our leg- • A BILL TO GUARANTEE THE VSF FROM 2008
islative agenda for 2008 and for the future.
The state of our union is strong because of
the ground-breaking legislation that the • A BILL TO REMOVE EARNING RESTRICTIONS FROM AN
COBA has successfully enacted into law ORDINARY DISABILITY RETIREMENT
over the cou rse of the past thi rteen years.

A major reason for our numerous legislative


• A BILL TO MAKE THE COBA PRESIDENT A MEMBER OFTHE
successes has been the strong display of BOARD OF TRUSTEES OF NYCERS
unity by the Executive Board,the Delegates,
and the membership. When President
Seabrook and I meet with legislators from
• A BILL REMOVING THE 10 YEAR ELIGIBILITY REQUIREMENT
acrossthe City and State of New York,those FORTIER 3 ORDINARY DISABILITY RETIREMENT
legislators are well aware that we are
speaking with one voice for thousands of
• FINAL AVERAGE SALARY
hardworking and dedicated New York City
Correction Officers. Rest assured, the COBA
will continue to fight tirelessly to achieve • A BILL ALLOWING OFFICERS TO BORROW FROM THEIR
our legislative goals and to obtain the ADDITIONAL MEMBER CONTRIBUTIONS INTHEIR PENSIONS
benefits that we so rightfully deserve.

• 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

7
STATE OF THE UNION: 35 SURVIVING SPOUSE MEDICAL COVERAGE

(OBA LEGISLATIVE REPORT 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
7 MILITARY BUY BACK BILL

6 HEART BILL PASSED FOR


5 FIVE YEAR VESTING SUPPLEMENT

4 THREE QUARTER BILL

3 FESCES BILL
CORRECTION
2 PRIOR SERVICE BUY BACK BILL

1 20 YEAR RE-OPENER
OFFICERS
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

8
STATE OF THE UNION:
COBA LEGISLATIVE REPORT CONTINUED

BILLS SIGNED INTO LAW FOR


1996
20 YEAR RE-OPENER:
This bill allow ed any Tler 2 or Tier 3 Officer who
CORRECTION OFFICERS
missed fhe 2o-year enrollment period to enroll now.
PRIOR SERVICE BUY BACK BILL
This bill allowed Correction Officer to purchase Cor-
rection Service Credit from the date of appointment
2000 2004
to the actu al enrollment In NYCERS.
PENSION ENHANCEMENT PATRIOT LAW EXTENSION
This legislation stopped the 3 % pension contribu- This bill extends the Patriot Law for an additional
FESCESBILL
tion upon completion of 10 years of service for TIer year
This bill allowed Inmates to be charged with a crime
of assault for throwing human waste at a Correction
3 members and one month of credited service for CHILD CARE LEAVE TIER 1 AND2
each year worked to maximum of 24 months for Th is bill allows Tier 1 and 2 Officer's to receive up to
Officer.
ner 1 and TIer 2 Officers. 1 yea r of service credit for each time such Officer Is
DEFINED BENEFIT out on an authorized child care leave
1997 Th is bill esta bli shed a payment schedule for the
THREE QUARTER BILL Variable Supplement Fund. AMCREFUND UPONDEATH
This bill allows a 75% tax-free pension for Correction MILITARY BUY BACK BILL Th is b ill allow s for the refund of Additional Member
Officer who Isdeemed disabled as: AMENDMENT TO INCLUDE PENSION CRED IT Con tr ibut ions upo n the death of a TIer 3 Officer
Direct 01 proximate cause of any inmate This bill amended the originallegislatfon in lower- EXCESS BENEFIT PLAN
Contraction of HIV. Hepatitis, Tuberculcsrs where Ing the cost of purchasing military service credit Thi s b ill provid es for an excess benefit plan to be es-
proof of fluid transmission exists. (rom approximately S117,000 to 3 percent of the tablished which would provide benefits to those
member's prior 12 months salary from date of ap- pensioners whose annual retirement benefits are
plicati o n. limited because those benefits exceed the IImlta·
1998 REMOVAL OF BREAK IN SERVICE uons set by IRCSection 41 Sib) according to age.
FIVE YEAR VESTING SUPPLEMENT Thi s bi ll all ows Correclf on Offi cer the right to pur-
chase credit for prior membership even though
This bill reduced the number of years needed to vest
from 15 to 5 for 20-year Officers and from 10 to S for there was a break In service, thereby allowing mem-
2005
2S-year Officers, Amended to Include TIer 1 and TIer bers to purchase CETAService. WTC PRESUMPTION BILL
2 2o-year Officers SERVICE REQUIREMENT TO PURCHASE PRIOR Th is bill create s a presumptive eligibility for an ac-
HEART BILL SERVICE CREDIT cidental disability In connection with the World
This bill allows a 75% tax-free pension for a Correc- This bill reduced the amount of service employ- Trade Center tragedy of September 11, 2001.
lion Officer who Is deemed disabled because of dis- ment for a Correction Officer to purchase prior serv- PATRIOT LAW EXTENSION
ease of the heart unless it can be medically proven Ice from 5 years to 2 years. This bill extends the Patriot Law for an additional
not to be Job related. ACCIDENTAL DEATH BENEFIT year
MILITARY BUY BACK BILL This bill provides an accidental death benefit pay- CHILD CARE LEAVE TIER 3
This bill allowed cerrecncn Officer the ability to pur- ment equivalent to 100% of the Officer's salary to a This bill allows TIer 3 Officer's to receive up to 1 year
chase credited service (or time served In the active deceased Officer's widow or widower. Provided that of service credit for each time such Officer is out on
military during war or military conflicts prior to be- the Officer's accidental death was no fault of his an authorized child care leave
coming a Correction Officer. own. MILITARY DUTY DEATH BENEFIT
COLA This law provides an "in service" death benefit for
This bill will allow retirees to receive a Cost of uv- Officers who die whlle on Military Duty.
Ing AllowanCE.'to their pension when pension in-
2001 RETIREE PENSION LOAN REPAYMENT
vestment returns are greater than the rate of 20 YEAR PENSION REOPENER This bill allows ret ired Officers the op po rt unity to
infiaUon. This bi ll allowed any TIer 2 or Tier 3 Officer who repay in full at any time after retirement, their total
missed the 20-year enrollment period to enroll now. outstanding loan balance at the time of retirement.
ACCIDENT CONFIDENTIALITY SERVICE CREDIT PURCHASE FORLAYOFF
1999 This bill required the Department to supply all This bill allows those Officers who were laid off to
FIVE YEAR VESTING TIER 3 necessary Information when a Correction Officer Is purchase service credit for the time they were laid
This bill corrected any Inequities In the 1998 Legis- Involved In an accident while operatlnq a off
lation. Departmental vehicle, thereby protecting the
Correction Officer's personal informalfon.
ANTI-PRIVATIZATION LAW
This bill pr ohib its th e city from replacing Correction
2006
Officers with private security officers. WTC PRESUMPTION BILL AMENDED
VSF
This bill established a formula and star tlng date to
2002 Th is b ill provides for a three quar ter d isability pen-
sion forWTC related Illnesses.
create the Variable Supplement Fund for Correction
STOPPAYING AMC AFTER 20 YEARS NYC MARSHALS LAW
This bil l all ow s Correction Officers In the 7.0-year This bill allows retired Officers who <Ire appointed
Offi cer s.
pension to stop making the additional contribution as a NYC Marshal to collect their full pension.
TIER REINSTATEMENT
upon completion of 20 years of service
This bill allows Correct ion Officers to regain their
prior TIer and Pension number If the member had 2007
previously removed their contributions from the 2003 SURVIVING SPOUSEMEDICAL COVERAGE
pension system.
PATRIOT LAW Thi s b ill pro vides t he op port un it y for a de ceased
This bill allows NYCER'S to suspend an Officer's ob- Officer's spouse to purchase medical benefits from
ligation to repay any loan while on Military Status. the City at 2% above the rate of cost to the City.

9
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 additional "skim" since the deposit of the S100,000,000 in
Variable Supplement Fund legislation from the State of New 1999. As of June 30, 2007, there's approximately 534,000,000
York, which was signed by Governor Pataki in 2000. At that in the VSF. There is a substantial amount of ground to be
time, we informed you that in order for this benefit to con- made up by NYCERS before the VSF is entitled to a"skim" from
tinue to make annual payouts to retirees, the fund needed to the pension fund. It is also important to understand that the
create a"skim" ( a skim is created when NYCERS' investments legislation establishing the VSF permits only full payments of
substantially out perform the assumed rate of interests). The benefits for each year. If funding is not available for all eligible
VSF received a "skim" of approximately $100,000,000 dollars recipients to receive a full VSF payment, then no payments at
from NY(ERS in the year 1999. The VSF successfully made pay- all can be made.
ments to retired Correction Officers from 2000 to 2005. It
made the following payouts: Wewi II be carefully monitoring the fu nds availabIe for the VSF
each year and a payout will be made as soon as adequate
$&500 2000 funds exist Our VSF is guaranteed from the year 2019 onward,
$9,000 2001 so ALL Correction Officers hired since 1999 will not be affected
by this situation. We have considered legislation that would
$~SOO 2002
allow us to make appropriate changes in the future if need be.
$10,000 2003 I am unwilling to entertain any changes to this benefit, as
$10,500 2004 some from the City may have suggested, that would ulti-
$11 ,000 2005 mately destroy the 2019 guarantee. The (OBA does not con-
trol the direction of the stock market nor the investments
Due to the events that occurred during the first few years, made by NYCERS. We will continue to address this issue for
when the VSF was created, such as the downturn in the stock those officers retiring in the next few years and we will con-
market and the events of 9/11, the VSF was unable to tinue to diligently protect the financial interests of our mem-
generate enoug h mo ney to continue its ann ual payouts in the bers and their families.
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 Jan-
uary 14,2004, will be paid retroactively to their dates of orig-
inal 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.

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

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


Joseph Bracco
contracts we have achieved. In addition to the increased
2nd Vice-President
contributions to longevity pay, the annuity fund, the active
and retiree funds and the uniform allowances, the COBA
NEW CORRECTION OFFICERS Executive Board has dramatically improved wages for all
ANDTHE COBA CONTRACTS
Correction Officers. Specifically, since 1995, the (OBA has
Under the NEW contracts negotiated by obtained a 47% compounded raise for every Correction
Norman Seabrook and this Executive Board Officer.
ALL new Correction Officers received the
following :
• An additional four (4) vacation days (going
from 12 vacations days during the first five
ANNUITY FUND INCREASES FOR CORRECTION OFFICERS
years to 16 vacation days)
• Annuity contributions from the first day of WITH FIVE (5) YEARS OR MOREON THEJOB
appointment as a Correction Officer (in- 1995 1995-2000 2000-2003 2003-2005 2005-2007 2007-2009
stead of AFTER the completion of five
years) Annuity Increases $44.37 $475.00 $370.00
• Un iform aIlowa nee from 51,000 to 51,100 $522.00 5522.00 $56637 $566.37 $1,041.00 51,411.00
• Salary increases totaling 46.15%
• Corrected the pay scale for Correction Of- NEWCORRECTION OFFICERS WITH LESSTHAN FIVE (5) YEARS ON THEJOB
ficers hired after 1/1/06 (Five (5) years to GET ANNUITY CONTRIBUTIONS
reach basic pay as opposed to 5 1/2 years) 2005-2007 2007-2009
• Corrected starting salary for Correction Of- Annuity Increases $370.00
ficers who wi II be hi red after 9/1/08. $475.00 $845.00

LONGEVITY INCREASES
4/1/ 97 7/1/ 97 3/1/98 6/1/99 6/1/00 11/1/02 11/ 1/07
Longevi ty Increases 5690 $140 $125 $290 $300 $314
5 years $2000 $2690 $2830 $2955 $3245 $3545 $3859
10 years $3000 53690 $3830 $3955 $4245 $4245 $485 9
15 years $4000 $4690 $4830 $4955 $5245 $5245 $5859
20 years $5000 $5690 $5830 $5955 $6245 $6245 $6859

SALARY INCREASES
4/1195 4/1197 711/98 611/99 8/1100 8/1/01 2/1103 211/04 511/05 5 /1 /06 8/1107 8/1/08
3% Raise 3% Raise 6% Raise 5% Raise 5% Raise 5% Raise 5% Raise 3% Raise 3.15% 4% Raise 4% Raise
$43,593 $44,901 $46,248 $49,023 $51,474 $54,048 $56,750 $59,588 561,376 $63,309 $65,841 $68,475

All increases shown are BASE PAY ONLY • Eleven (11) Raises totalling 46.15% • Total dollar amount is $24,882

'1
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
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
Chandra LaSonde Pilot Program 0% co-payment for medications relating to life threatening
Financial Secretary 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

1997 Introduced Opt1calVoucher Program


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 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
October 1995 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
1999 Each mem ber insured for $100,000
Member's Spouse insured for $5,000
Know Your Benefits! Dependent Children insured for $2,000 under the age of 19
years old
Accidental Death and Dismemberment Coverage- principal
sum of $30,000
2005 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

12
STATE OF THE UNION:
OATH & DISCIPLINARY MATTERS
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 appear-
ances 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 ma-
jority of those cases. In 1995, the number of appearances for Correction Of-
ficers 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
Israel Rexach
rig hts of every Correcti on Officer.
1st Vice-President
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 infor-
mation 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 desig-
nated 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
At the pretrial conference, the parties have an opportunity, either together
Contract 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 nego-
tiated 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.
Know Your Rights!
If you are called to appear at an OATH pre-trial conference, you should bring
whatever documentation you have pertaining to the matter. Pretrial confer-
ences 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 in-
formation 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 Correc-
tion Officer a survey to address a common concern among the membership re-
gardi 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 im-
portant fi rst step in coming to grips with any problems that may exist. Th is is how-
ever, 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 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 dissem-
Corresponding Secretary
inate the collected data and then the medical experts will initiate an extensive
analysis of the data. Specifically, they will categorize the responses as appropri-
ate and use every resource available to ascertain whether the overall rate of can-
cer 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 pur-
sue.The union can also use this information to influence the Department of Cor-
rection 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.

Each subsequent year, food, rides, music and admission were free to Correction
Karen Belfield 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
Recording Secretary
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 fam-
ilies 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 CLASONDE@COBANVC.ORG I TFARRELL@COBANVC.ORG


SROBINSON @COBANVC.ORG I JBRACCO @COBANVC.ORG I ABLAKE@COBANVC.ORG
EHUSAMUDEEN @COBANVC.ORG I KBELFIELD@COBA NVC.ORG I IREXACH@COBA NVC.ORG

75 Broad Street, Suite #810· New York, NV 10004· Tel: 212.274.8000. Fax: 212.274.8255
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.

Makecheckspayableto
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New York, NY 10004 (212) 274-8000.
Please complete coupon below:
2008
Norman Seabrook
Preslden!

Name: _ Please send me COBA Cards


Address: _ $ for # Cards
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State: Zip: _ Correction Officers' Benevolent Association
What do you want on card?: Contact Elizabeth Castro (212) 274-8000

(OBA Presorted Standard


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