To All Delegates and Members

July 18, 2002

As we reported to you in July 2001, in an effort to ensure that merged Transit and Housing officers were afforded all the benefits of members who began their careers in the NYPD, the PBA commenced an action on behalf of certain former Transit and Housing officers challenging the Department's denial of certain pension benefits to the merged officers.  The Department had taken the position that former Transit and Housing police officers were not eligible to receive the benefits of certain pension-related statutes passed by the PBA in the New York State Legislature in 2000.  Specifically, the Department decided that former Transit and Housing police officers were ineligible to take advantage of statutes that (i) allowed police officers to buy back up to a year of service time for each period of child care leave taken ("Child Care Buy-back Bill"), and (ii) that afforded New York City police officers who had not timely transferred over service time earned in another pension system prior to June 30, 1992 a one-year period to do so (the "Bowden Bill").

In addition, the Department took the position that prior City and State service time should not be counted for merged Transit and Housing police officers in the same manner as for officers directly joining the Department.  The Department took the position that prior State service time that was properly transferred to NYCERS at the time of joining the Transit or Housing police departments and then was transferred to the Police Pension Fund ("PPF") after the merge would be counted as "back end" time (i.e., after completing twenty-years of service) rather than as "front end" time, which can be counted toward the 20-year service period required for retirement.  Unlike former Transit and Housing police officers, NYPD members who transferred prior state time directly into the PPF had their time counted on the front end.

On July 10, 2002, State Supreme Court Justice Diane A. Lebedeff issued a decision for the PBA, finding in favor of the PBA (and former Transit and Housing officers) on every issue.

The Court concluded that:  (i) petitioners are entitled to have prior state service time properly transferred to NYCERS counted as allowable "city service" in determining their eligibility for retirement; and (ii) petitioners who were members of Housing or Transit in 1992, and became NYPD members as a result of the 1995 merger, are eligible for benefits under the Bowden Bill.   In addition, the Court agreed with the PBA that the Board of Trustees, rather than the Department, is authorized to determine which police officers are eligible for particular pension benefits such as the Bowden Bill, and unless "approved by the required majority of the Board, [a determination promulgated by the Department regarding such benefits] is without effect."  This will give the unions, which hold half of the twelve votes on the Police Pension Board, a significant say concerning the implementation of pension benefits in the future.

This decision is a significant victory for the PBA and brings us one step further in our fight to secure equal treatment for merged former Transit and Housing police officers.  We are informed that the City plans to appeal the decision, which could delay our members from taking immediate advantage of this victory.  We will advise you as developments occur.     

Should you have any questions about this decision or how you go about taking advantage of these increased benefits, call the General Counsel's office at (212) 298-9158 or Joe Maccone, PBA Pension Consultant, at (212) 298-9163.