To All Delegates and Members

August 2, 2002

As we reported to you in our July 18, 2002 newsletter, the PBA won a significant victory before State Supreme Court Justice Diane Lebedeff concerning the pension rights of former Transit and Housing officers. The Court concluded in part that: (i) petitioners, former Transit and Housing Officers merged into the NYPD in 1995, 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”. Since the City has informed the Pension Fund that they will appeal Judge Lebedeff’s ruling, affected members should protect their rights as follows:

1. Members who (1) have prior State service time properly transferred to NYCERS, (2) have a total of 20 or more years of combined State/Transit-Housing Officer/NYPD officer service, and (3) intend to retire at the earliest possible date should report to the Pension Fund, Room 1102 and notify them of their intent to retire. The Pension Fund will provide you with a written confirmation of your appearance. Assuming that the decision is affirmed on appeal, we will argue that this notification will enable your pension to ultimately be calculated based on your last 12 months of service from 30 days after your appearance at the Pension Fund, thus protecting the overtime you may have earned in the year following September 11.

2. Members who were Housing or Transit officers prior to June 30, 1992 and were excluded from purchasing prior service credit under the “Bowden Bill” by the NYPD’s Operations Order 11-1 dated 3-7-01 (Copies are available at the Pension Fund and all commands) should complete the appropriate Transfer Form attached to the Operations Order and forward it to the Police Pension Fund, 1 Police Plaza Rm 1010, New York, NY 10038 Attention: DAVID HELD. The Pension Fund will not forward the forms to the State retirement system until the pending appeal is decided; however, the Fund wishes to be prepared to act as soon as possible. The Fund will send a receipt acknowledging they received your request.

Should you have any questions concerning the above procedures, you may call the General Counsel’s Office at (212) 298-9158 or Joe Maccone, PBA Pension Consultant, at (212) 298-9163.

Fraternally,

Patrick J. Lynch
President