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					                        THE TRUMPET

Volume 9 No. 5                                  Local 854, I.A.F.F. AFL-CIO                                      December 2008

                                     Lieutenant Robert J. Ryan          Probationary Firefighter
                                 Jr. of Staten Island died Nov.     Jamel M. Sears died at Mt.
                                 23 at Richmond University          Sinai Medical Center on
                                 Medical Center of Staten           November 11, where he was
                                 Island, where he was taken         taken         after        falling
                                 after he sustained injuries        unconscious            following
                                 while operating at a 2nd           completion of a training
                                 Alarm fire at 39 Van Buren         exercise at the Department’s
                                 St., in the New Brighton           training academy located at
                                 neighborhood       of   Staten     Randall’s        Island         on
                                 Island.                            November 10.
                                     Lieutenant Ryan, 46, was           Probationary Firefighter
                                 assigned to Engine 155 for         Sears, 33, was appointed to
                                 over two years. He was a           the FDNY on July 1, 2008,
veteran of the department for more than 17 years, appointed         and was enrolled in the 23-week Probationary Firefighters
to the FDNY on April 14, 1991. He was previously assigned to        Training Program. He fell unconscious at about 11:30 a.m., while
Engines 228, 280 and 282 in Brooklyn, Engine 6 in                   training at the Academy. Firefighters on scene tried to revive him
Manhattan, the 4th Battalion in Manhattan and the 22nd              but he never regained consciousness.
Battalion in Staten Island. He was promoted to the rank of              Probationary Firefighter Sears, a lifelong Bronx resident, was
Lieutenant in March 2001.                                           a four-year U.S. Navy veteran (1995-1999) and served aboard
    Lieutenant Ryan was on duty when Engine 155 was called          the USS Alaska. He also worked at TD Waterhouse as a
to the scene of a fire at a two-story private residence at 39       customer rep and at Keyspan Energy as an operating mechanic
Van Buren St. in Staten Island at 12:28 a.m. today. Engine          prior to joining the FDNY. He graduated from All Hallows High
155 was the first unit on scene, arriving at 12:32 a.m. The fire    School and attended Bronx Community College before enlisting
was brought under control at 1:31 a.m.                              in the Navy.
    Lieutenant Ryan, a lifelong Staten Island resident, is               He is survived by his wife, Sherita, a New York City Police
survived by his wife, Kathleen; a son, Chris, 17; a daughter,       Officer assigned to the 41st Precinct in the Bronx, and their two
Kayla, 12; a stepson, Alex, 10; and a stepdaughter, Emma, 8.        children, son Mahlek, 12, and daughter Jya, 8.

                                                                      President’s Report
                                              Regrettably,   this     tion to be a NYC Firefighter. Among his peers at the Fire
                                           President's message        Academy, Jamel was considered a leader and much was
                                           again begins with the      expected of his future career as a Firefighter and perhaps as a
                                           extension of condo-        Fire Officer. We, the UFOA, extend our deep sympathies to the
                                           lences to the families     Sears family and we will support the efforts of the UFA in
                                           of members of the          providing for his young family.
                                           FDNY. Most recently,           There are serious financial difficulties facing the City and
                                           Lieutenant      Robert     State as we all know and the UFOA has many concerns
                                           Ryan, Jr. of Engine        regarding any cutbacks in the FDNY. The FDNY had first taken
155 was killed while operating at a second alarm in Staten            steps to reduce its budget by 2 ½ % as per the Mayor’s
Island. Bobby will be sorely missed by so many members of             directive. However, as the financial situation worsened, the
this department. His gregarious personality touched so many           budget reductions were increased. As a result, the Department
units throughout this City. The entire membership of the UFOA         has now recommended partial unit closures for four units on the
extends their heartfelt sympathies to his family and the UFOA         6x9 tour, and the disbanding of the Governor’s Island unit.
will ensure that they receive all the benefits and support that           Unit closures are a serious and significant step for the FDNY
they are entitled to as per Bobby's dedication to duty.               to undertake.      From a civilian standpoint, it can mean
    Two weeks before this tragedy, Probationary Firefighter           inadequate fire protection and medical care. For a Fire Officer,
Jamel Sears collapsed from as yet unknown circumstances               closures mean much more. Officers will be expected to do
while training at the Fire Academy. Jamel Sears was a vibrant
33 year old Navy veteran who was fulfilling his life long ambi-                                        Continued on Page Fourteen
  Legislative and Political Action Update                               City Hall Report
  By Capt. John Dunne                                                   By Lt. Eddie Boles
                                                                                                 After a busy Election season and the
                          I want to begin this article by
                                                                                             tumultuous battle waged in City Hall
                       extending my best wishes to you and
                                                                                             over the extension of term limits for the
                       your families for a Very Joyous and
                                                                                             City’s     elected     officials, we     are
                       Happy Holiday Season and a Very
                                                                                             approaching the uncertainty of an
                       Happy, Healthy New Year 2009!
                                                                                             upcoming 2009. Amidst the rumors of
                          Gratefully this election cycle is                                  firehouse closings, during certain hours
                      finished. Well almost, the Queens race                                 of the tour, to address a dire economic
   involving Sen. Frank Padavan is still unfinished as of this                               crisis in the City, the word “rumor” is just
   writing, with 8000 absentee and write-in ballots yet to be           that. Nothing concrete has been presented by the
   counted. Overall our endorsed candidates faired very well.           Department’s administration on how to handle the upcoming
   We didn’t prevail in three senatorial races, Caesar Trunzo           budget crisis and until such time, everything you hear is
   and Serphin Maltese for reelection and Barbara Donno                 purely speculative. However, we should all brace ourselves
   versus an incumbent. Unfortunately, losing the Trunzo and            for tough times ahead and be prepared to battle to keep all
   Maltese campaigns had the most significant effect of costing         that we have achieved over the years. This union will keep
   the Republicans their longstanding majority control in the           the members abreast of any developments from City Hall and
   NYS Senate, the impact of which will be felt for many years          Nine Metro Tech and we will communicate through all our
   to come as the Democrats will now have power over the                informational avenues any items that may have an adverse
   Governor’s office, Assembly and Senate. Both Trunzo and              effect on our membership.
   Maltese were long-time friends of the UFOA and we all
   worked our hardest, fighting the good fight with them. They             On a bright note, I am pleased to report that this union was
   will both be missed.                                                 instrumental in assisting in the election of Elizabeth Crowley
      The UFOA remembers its friends and the legislative                for City Council in the 30th District. After losing by just 38
   gains we gained under the Republican leadership over the             votes in a Special Election in June, Ms. Crowley’s
   past years would take the remainder of this issue of the             persistence and perseverance saw her through to victory on
   Trumpet to list. Our goal was to help the Republicans retain         Election Day. Ms. Crowley was extremely grateful to our
   their leadership position and we fell a little short. We will now    union and our members for all the support we provided during
   reach out to the new leadership and offer the same loyalty.          both campaigns and she expressed her appreciation to me
                                                                        on numerous occasions. I wish to personally thank all those
       Our choice for President, Barack Obama, was victorious,          active and retired members, especially Captain Brian Neville,
   as was Michael McMahon in the 13th Congressional District,           who dedicated their time during Crowley’s campaigns. This
   encompassing Staten Island and part of Brooklyn. Elizabeth           union looks forward to working with Council Member Crowley
   Crowley won a hard-fought, come-from-behind race for the             in the upcoming year and we feel confident that she will
   City Council in Queens. Peter Abbate won reelection to the           support our issues in the City Council.
   NYS Assembly representing parts of Brooklyn, as did Marge
   Markey in Queens. Peter Abbate chairs the all-important                   Another positive occurrence during the Fall legislative
   Assembly Government Employees Committee and Marge                    session was the introduction of Intr. #781A by the Fire and
   Markey is the annual sponsor of our Widows’ COLA Bill. We            Criminal Justice Committee. This is a bill, which was
   also worked directly for Sen. Andrew Lanza, Assemblyman              constructed by the UFOA, which would require photo
   Michael Cusick, and Assemblywoman Janele Hyer-Spencer                luminescent fire resistant decals on the bottom of apartment
   on Staten Island and all three were overwhelmingly                   doors in all high-rise residential buildings. We feel the passing
   victorious. We worked for Suzi Oppenheimer in Westchester            of this bill would provide our members an important lifesaving
   and she won also. Dean Skelos won reelection handily out in          device in the operations in these buildings and be valuable
   Nassau County, Long Island.                                          cues in locating apartment doors in zero or low visibility
      We were stretched pretty thin this election cycle, but I          situations. We have achieved many letters of support for this
   want to thank the more than 300 active and retired members           bill and we hope to see the passing and signing of this bill into
   who made the choice to show up and volunteer some spare              the NYC Fire Code in the very near future.
   time to help our candidates get elected. The “blizzard of
   white jackets,” to quote former Assemblyman Eric Vitaliano,             As I noted earlier, there was a very contentious battle that
   now a judge, was out in full force to present a good showing         took place over several days on the extension of the term
   for the UFOA. Once again we proved our motto, “Fire                  limits of elected City Officials from two terms to three. After
   Officers Remember in November.”                                      testimonies from several union officials, many current and
                                                                        former politicians, and a host of NYC citizens, the City
                                                                        Council voted 29 to 22 in favor of the change in term limits
                                                                        and the Mayor signed the legislation on November 3rd.

                                                                                        Continued on Page Ten

Page Two                                                                                              December 2008
  The CD-72:                                                                   If you need answers to questions while you are preparing
  Important for Your Retirement                                            either form CD-72, or BP-409, a member of the UFOA
                                                                           Pension Committee is always available to consult with you.
  By Capt. John Dunne                                                      Call the UFOA office at 212-293-9300 and ask for President
                                                                           Jack McDonnell, Vice President Jim McGowan, or myself,
     The following article was originally written by me for the            Captains’ Representative John Dunne.
  May 2003 Trumpet, but since I once again sit as a Trustee on
  the FDNY Pension Fund, I consider it so important I am                      We work in a very dangerous job. Some key points to
  reprinting it here, along with Lt. Steve Carbone’s CD-72 article         remember regarding accidental disability retirement are:
  from the June 2006 Trumpet. The two articles together make
  an important compilation for reference material regarding                • You must tell the story that describes the accident.
  correctly completing the CD-72.
                                                                           • Previous CD-72’s may prove helpful in documenting the
      The CD-72 Member Injury Report is extremely important.               history of a present medical condition.
  It is a legal document used to determine causation cases of
  accidental disability (3/4’s) retirement. As such, every CD-72           • The injury must be caused by an accident.
  should be treated as if you were documenting a potentially
  career-ending event. Equally important in determining                    • The injury (injuries) must be serious and disabling enough
  causation is whether the event is an accident or an incident.            for the 1-B Medical Board to determine you are unfit to
  The following is taken from a written memorandum from the                perform firefighting duties as a result of the accident.
  NYC Corporation Counsel:
                                                                             Protect yourself. Fill out every CD-72 like it might be your
     The Court of Appeals has defined the term “accident” as               most important one.
  used in the pension statutes to be a “sudden fortuitous
  mischance, unexpected, out of the ordinary, and injurious in
  impact.” In stating that “not every line of duty injury will result      CD-72
  in an award of accidental disability,” the Court of Appeals              By Lt. Steve Carbone
  contrasted “injuries sustained while performing routine duties                                    I    cannot     overemphasize   the
  but not resulting from unexpected events,” which are not                                      importance of the Injury to Member
  accidents, with injuries sustained by “precipitating accidental                               Report, CD-72. Our members fill out
  events…which are not a risk of the work performed,” which                                     numerous CD-72s in their career and file
  are accidents. More recently, the Court of Appeals has stated                                 them away, never to be seen again.
  that accidental disability is properly denied if it is found that                             However, once in a while the CD-72
  the member “was injured while performing his usual duties.”                                   becomes a very important document. A
                                                                                                properly filled out CD-72 can mean the
     Simply put, an Accidental Disability ¾’s pension is granted                                difference between getting an accidental
  for a permanently disabling injury caused by an “accident,”                                   disability retirement or not.
  not for an injury sustained while performing your normal
  duties, which could be considered an “incident”.                            The Fire Department is a dangerous place to work. We
                                                                          have members injured everyday. The vast majority of these
      Another important point to consider is the way you                  injuries are not life threatening or career ending. There are
  describe the accident that caused the injury. In the new                some injuries, however, that cut short a member’s career. In
  Computerized Injury Reporting System (CIRS) screen #5 on                these instances the CD-72 plays a major role and it is
  the CD-72 Member Injury Report is titled “FDNY Injury                   imperative that the form be filled out correctly.
  Description Narrative.” The operative word here is
  “Description.” Too often we see CD-72’s forwarded that are                 While a Trustee on the Fire Pension Fund, part of my job
  vague and inadequate. You must recognize the importance                 was to review members’ applications for service incurred
  of this document and take the necessary time and utilize extra          disability along with their medical documentation and their CD-
  space to accurately describe (create a picture for someone              72. While I can only generalize on whether a member is
  who was not there) the exact circumstances of the accident              disabled or not (I am not a physician), there is something I can
  that caused the injury.                                                 do to help get that member half way to a disability retirement.
                                                                          That half way point is the properly filled out CD-72.
      When you submit a paper requesting accidental disability
  retirement (form BP-409) you must list all the CD-72’s (if any)            I want to spell out some common mistakes members make
  that relate to the final injury (injuries). Any one accidental          when filling out this form. I also will tell you the things the
  injury could certainly be serious enough to be career ending            doctors and the attorneys from the Fire Department, the
  and disabling. However, if there are previous CD-72’s for               Mayor’s Office, the Department of Finance and the
  prior injuries they may constitute a history, or body of                Comptroller’s office look for in a CD-72.
  evidence, to support your claim of accidental disability.
  Previous accidents may establish a condition that was then                 The number one mistake our members make is they tend to
  aggravated by succeeding injuries, or the final injury.                 brush off an injury as minor.
                                                                                                          Continued on Page Eight

December 2008                                                                                                 Page Three
  Hearty Scenarios
  By DC Rich Alles                                                      night you receive a call from your chauffeur telling you that he
                                                                        had taken Cindy to the hospital. Upon your arrival at the
                        Scenario #1 “How to Survive a Heart             hospital you are notified that Cindy has passed away. She
                        Attack When Alone”                              had suffered a stroke at the BBQ. Had anyone known how to
                                                                        identify the signs of a stroke, perhaps Cindy would be with us
                             Lets say it’s 7:15 PM and you’re           today. Some don’t die – they end up in a helpless, hopeless
                         driving home (alone of course) after a         condition instead.
                         particularly difficult 24. On your way
                         home your mind wanders. Maybe you’re           What to do: Neurologists say that if they can get to a stroke
                         a Chief Officer and frustrated about           victim within 3 hours, they can totally reverse the effects of a
                         having a comp time reimbursement               stroke – totally! The trick, however, is getting a stroke
                         request put on hold or denied. Maybe           recognized; diagnosed, and then getting the patient medically
  you’re a Battalion Commander reflecting on the following              cared for within 3 hours, which is tough. Sometimes
  week’s Performance and Safety Accountability meeting. One             symptoms of a stroke are difficult to identify. Unfortunately,
  of the topics du jour will be the disparity in response times for     the lack of awareness spells disaster. The stroke victim may
  some of your Engine Companies. You think about how you                suffer severe brain damage when people nearby fail to
  would like to bring to the department’s attention the fact that       recognize the symptoms of a stroke. Now doctors say that a
  the matrix they use for recording response times is                   bystander can recognize a stroke by asking three simple
  statistically flawed, but, of course, you know that the               questions:
  department administration doesn’t want to be reminded of this
  fact. Maybe you’re a conscientious Company Officer thinking           S - Ask the individual to SMILE.
  about your lack of training in the new fire and building codes,       T – Ask the person to talk and speak a simple sentence
  wondering how the department, in its infinite wisdom, can             (coherently) such as IT’S SUNNY OUT TODAY.
  expect you to enforce laws of which you know nothing about.           R – Ask him or her to RAISE BOTH ARMS.
                                                                        If he or she has trouble with any one of these tasks call 911
      You’re really tired and frustrated when suddenly you start        immediately and describe the symptoms to the dispatcher.
  experiencing severe pain in your chest that starts to radiate         Another sign of a stroke is to ask the person to STICK OUT
  out into your arm and up into your jaw. You are only five miles       HIS OR HER TOUGUE.
  from the hospital nearest your home. Unfortunately you don’t          If the tongue is “crooked’, if it goes to one side or the other,
  know if you’ll be able to make it that far. You have been             that is also an indication of a stroke.
  trained in CFR-D, but the instructors did not teach you how to
  perform it on yourself. It’s a tough reality that many people are        Hopefully none of our members will ever have be faced
  in fact alone when they suffer a heart attack. The person             with any of these scenarios, but unfortunately some of us
  whose heart is beating improperly and who begins to feel              may. Till next issue, stay safe, keep the troops safe, and be
  faint, has only about 10 seconds left before losing                   well.

     What to do: Start coughing repeatedly and very
                                                                                       PENSION PROBLEM?
  vigorously. A deep breath should be taken before each cough,
  and the cough must be deep and prolonged, as when                              MAGDA DECONINCK, ESQ.
  producing sputum from deep inside the chest. A breath and a
  cough must be repeated about every two seconds without let                           Former Senior Counsel
  up until help arrives, or until the heart is felt to be beating            New York City Fire Department Pension Fund
  normally again. Deep breaths get oxygen into the lungs and
  the coughing movements squeeze the heart and keep the
                                                                                  • Disability Pensions
  blood circulating. The squeezing pressure on the heart also
  helps it regain normal rhythm. In this way, heart attack victims                • WTC Disability Law Claims
  can get to a hospital.                                                          • Protecting Pension Assets in
                                                                                    Divorce Proceedings
  Scenario #2 “Recognizing a Stroke”
                                                                                  • Beneficiary Claims
      Lets say you’re the Captain of Ladder 99 and your wife has                  • Service Credit, Tier and Benefit
  decided to throw you a backyard BBQ party for your 50th                           Disputes
  birthday. She’s invited all your occupational acquaintances
  from the firehouse. During the BBQ your chauffeur’s wife,                  Specializing in Police, Fire, NYCERS and TRS
  Cindy, stumbles and takes a little fall. She’s embarrassed but                  Pensions for More Than 20 Years
  assures everyone that she’s fine. The enginemen in
  attendance offer their medical expertise, but Cindy rejects                           225 Broadway, Suite 2625
  their attempts to check her out saying that she just tripped                            New York, NY 10007
  over a brick because of her high heels. Cindy goes inside to                           Call for a free consultation
  clean up and returns to the party. While she appeared a bit
  shaken up, Cindy stayed the rest of the afternoon. Later that
                                                                                             (212) 933-1694
Page Four                                                                                            December 2008
  Update Your Information                                               PROMOTIONS
  By Capt. Pat Reynolds                                                 LIEUTENANTS
                            The recent election cycle reminded         EMIL BORG                             MICHAEL J. MC AULIFFE
                        the public of the term “robocall”. As you      PATRICK DE PIERRO                     CHRISTOPHER MC KLUSKY
                        know, automated calls by candidates to         ROBERT J. DERESKEWICZ                 PATRICK MC NIFF
                        selected potential voters are a popular        STEPHEN FORLENZA                      TIMOTHY MURPHY
                        tactic. The UFOA used automated                MATTHEW GETZ                          ROBERT H. RAVERT
                        phone calling to encourage active and          THOMAS GUARNIERI                      ERIC A. TORRES
                        retired members to volunteer for               JOHN F. HEANEY                        CHRISTOPHER ZAM
                        political action. Phone calls were made        GREGORY G. LYNCH
                        to selected geographic areas where
  volunteers were needed. The local politicians that were
  endorsed by the UFOA were supplied with dozens of                     CAPTAINS
  volunteers on the days leading up to Election Day and on             CHRISTOPHER M. CARANGI                JOHN F. KERSHIS
  Election Day itself.                                                 JEFFREY S. DI PIETRO                  GERARD G. LIOTTA
      The importance of having a correct phone number on file          KENNETH J. DONOHUE                    THOMAS J. SPADE
  with the UFOA cannot be overstated. With the increased use           JAMES B. DUGGAN                       LARRY M. SPALTER
  of cell phones and e-mail, having this information as part of a      GLENN W. FITCHETT                     JAMES J. URKONIS
  database profile is critically important. Changes to personal
  information that you make with the Department via the ENS             BATTALION CHIEFS
  system or submission of form CD-6R are not shared with the            ROBERT P. ENDALL*
  UFOA and conversely, changes made to your UFOA profile
  are not forwarded to the Department.                                 BC Endall was inadvertently left off the promotion list in the September
      At each promotion ceremony the trustees hand out an              2008 Trumpet. Our apologies to Chief Endall.
  information packet to all new Lieutenants and Captains. It is
  vitally important that you return this packet in a timely
  manner. Many of our battalion delegates have established e-
  mail contact lists to communicate with officers in their
  assigned battalion. Having this information on file assists the
                                                                        New Delegate
  delegate greatly.                                                        As a result of action taken by the Executive Board we are
                                                                        pleased to announce the appointment of a new Delegate.
      On any occasion when you may have to contact the UFOA
  office (i.e. forms, FPP questions) would be a good time to                                 Capt. Thomas Hughes
  verify your personal information. Additionally, when you                                   Battalion 10 Delegate
  submit changes to your beneficiaries via the mail, place a
  reminder on your calendar to call and verify that this                    Your Delegate should be your first contact for all matters
  information was received.                                                            of a non-emergency nature.

                                ***                                        We welcome Captain Hughes as a Delegate and are sure
     I received an interesting phone call from a retired Battalion      he will service the membership well.
  Chief, George McGrath. George was concerned with the
  recent news regarding the financial markets and its impact on
  pensions. George was appointed to the department on
                                                                                       FIRE SAFETY DIRECTOR
  September 1, 1939 and retired on July 1, 1975. There are 10
                                                                                EMERGENCY ACTION PLAN DIRECTOR
  other members of his proby class still receiving their pension
                                                                                           Training Courses
  checks and another 22 men with a 1939 appointment year. It
                                                                         at PACE UNIVERSITY, downtown & midtown Manhattan
  was a pleasure to speak with him and he related stories about
                                                                              by REMS Training, Inc. Jerry Strollo, Director
  proby school as if they happened yesterday. He is 92 years
                                                                                   (son of Firefighter Angelo Strollo)
  old and resides in Texas.

                                                                                              FDNY Instructors
                Merry Christmas,                                        Same location 14 years    Evening and Daytime classes
                                                                        For more info and class schedules please visit:
                 Happy Holidays                                         Tel: 212 591-6700              Mailing Address:
                                                                        Fax: 888-802-5637              REMS Training, Inc.
                                &                                                                      265 Sunrise Hwy.
                                                                                                       Suite 1, PMB 184
                                                                                                       Rockville Centre, NY 11570
    A Safe and Healthy New Year!                                        E-Mail:

December 2008                                                                                                    Page Five
                        Volunteers for Electioneering
 Senator Serf Maltese               Lt. Joseph Brosi, Sr.       Lt. Phil Vincenzo                BC Dave Biesty
                                    Lt. Tom Wojcik (ret.)       Capt. Jack Houlahan              Lt. John Finucane (ret.)
 Marty Steadman                     Lt. Ed Walsh                Capt. Thomas Hughes              Capt. Richard Jaques
 Lt. Eddie Coakley (ret.)           BC William Walsh (ret.)     Lt. Joe Stach                    Lt. Michael Vindigni
 Lt. Rich Carbo (ret.)              BC Jack McDonnell           Lt. Ed Walsh                     Lt. Ken Danielsen
 Lt. Kevin Rice (ret.)              BC Thomas McGrath (ret.)    BC Joe Bryant (ret.)             Lt. Ed O’Connor
 Capt. Jerry Carmosin (ret.)        Lt. Tim O’Connor            Capt. Steve Sullivan             Capt. Al Petrocelli, Jr.
 BC John McEneaney                  BC Marco Vitolo             BC Charlie Lamberta              Lt. Gary VanPelt
 Lt. John Dougherty (ret.)          BC Jake Lemonda             BC Tom McGrath (ret.)            Lt. Jack Kielty
 Capt. Tom Evans                    DC Mike McPartland          Lt. Bill Walsh                   Capt. Tom Henri
 BC Gerry Quinn                     Capt. Gerald Moreau                                          Lt. Gary Benedict
 Lt. Robert Mungiguerra             Lt. Mike Kaeser             Assemblyman Peter Abbate         Capt. Wayne Trivelli (ret.)
 Lt. Frank Manetta                  Capt. James Brosi                                            Capt. Robert Sohmer
 Capt. Anthony Catalanotto          Lt. J.P. Miller             Lt. George Farinacci             Lt. Robert Strafer
 Lt. Cornelius Beekman (ret.)       Lt. Kevin Duggan            Lt. Charlie Powers               Lt. Joe Rimassa
 BC Jack Corcoran (ret.)            DC Jerry Wren               Lt. Norman Anderson              Capt. Pete Runfola
 BC Mike McGrath                    Capt. Michael McAndrew      Lt. Gerard Chipura               BC John Gregorio
 BC Kevin Duffy                     Capt. Michael Fahy                                           Capt. Rich Scarpato
 Lt. John Duffy                     Lt. Andy Bainton (ret.)     Barbara Donno                    Lt. Charles Entrieri
 BC Rory Houton                     Lt. Michael Thomson                                          BC Brian Foley
 Capt. Jim Ellson                   SFM Robert Thomson (ret.)   BC Jimmy Ginty                   Lt. Bob Orlando
 BC Bill Mundy                      Capt. Joseph Brosi          BC John Gulotta                  Lt. Dan Walsh
 SFM Wayne Sforza                   Capt. Sean Michael          Lt. Ed Carroll (ret.)            Lt. Justin Margulies
 BC George Eysser (ret.)            Lt. Ted DiPasquale          BC Pete Eisemann (ret.)          BC Anthony Orlandi
 Lt. Thomas Cunningham (ret.)       Capt. Anthony Catalanotto   Capt. Jim Gillespie              Lt. Peter Daniti, Sr. (ret.)
 SFM Dennis Fink (ret.)             Lt. Russ Krizek (ret.)      DC Bob Strong                    Lt. Mike Frusci (ret.)
                                    Capt. Jim Curran (ret.)     Lt. Ray Thomas                   BC Bob McGrath (ret.)
 Senator Andrew Lanza               Lt. John Duffy              Lt. Pat Holahan (ret.)           Lt. Kevin Cunnane (ret.)
                                    Capt. James Ellson          Lt. Ernest Gentile               Lt. Paul Cinquemani (ret.)
 BC Martin Ford                     BC Michael DeRudder         BC Joseph Bryant (ret.)          Lt. Anthony Iesu (ret.)
 BC Charlie Gussman (ret.)          Lt. James Renne             Lt. Michael Capasso              Lt. Sal Marcello (ret.)
 BC James Ciulla (ret.)             BC Frank Lomuscio (ret.)    BC Patrick Hawkins               Capt. Tom Besignano (ret.)
 BC Joe Harris                      Lt. Charlie Piranio         BC Laurence Hatton (ret.)        Lt. Sal Gugino (ret.)
 Capt. Greg Rogers (ret.)           Lt. Susan Blake             BC Jake Lemonda                  DC Don Thorsen (ret.)
 Lt. Sal Marcello (ret.)            Capt. Ed Deery              BC John Pellegrinelli            BC Richard Wesiak (ret.)
 Lt. Anthony Iesu (ret.)            BC John Gulotta             BC Thomas Riley                  Capt. Rich McCluskey (ret.)
 BC Richard Wesiak (ret.)           Lt. Tony Catera             DC Peter Leicht                  BC Jim McGrath (ret.)
 BC Albert Petrocelli, Sr. (ret.)   BC Tom Engle                Lt. Bill Croak                   DC Gene Dockter (ret.)
 Lt. Bob Cameron                    Lt. Joe Depperman           BC Joseph McKie                  Lt. Dick Montana (ret.)
                                    Capt. Mike Risso            Capt. Joseph McLoughlin (ret.)   Lt. Fred Schwarzrock (ret.)
 Senator Frank Padavan              Lt. Vin Holfester           BC Thomas Schmitt                Lt. George Harrison (ret.)
                                    Lt. Dan O’Connor            BC Tim Riordan                   Lt. Tom Fitzpatrick (ret.)
 Capt. Al Hagan                     Lt. John Duffy              BC Michael McAndrew              Capt. Bill Gates (ret.)
 Capt. Michael Risso                Capt. Jim Brennan           DC James Donlevy                 BC Mike Feminella (ret.)
 Lt. Cornelius Beekman (ret.)       Capt. Denis McCool          DC Jerry Wren                    Lt. John Reilly (ret.)
 BC Ronald Ohirok (ret.)            BC Rory Houton              BC John Rice                     DC Jim Bullock
 BC Charles Lamberta                Lt. Frank Montera                                            Capt. Jack Logan (ret.)
 Lt. Bruce Stuart (ret.)            Capt. Paul Jirak            Michael McMahon                  Lt. Jack Gibbons
 Capt. James Raymond                Lt. Kevin McCutchen                                          Capt. Pete DeFeo (ret.)
 Lt. Paul Shannon                   BC Nick Corrado             Lt. Mike Galletta                Capt. George Edgeworth (ret.)
 Lt. Jack Allen                     Lt. Pat Barry               Lt. Robert Scott (ret.)          Lt. Jim Deignan
 Capt. William McCarthy             SFM Brian Grogan            Lt. Pat Mangus (ret.)            Lt. Pete Brady (ret.)
 BC John Lydon                      Capt. Rich Weldon           BC Stephen Zaderiko              Lt. Bob Burns (ret.)

Page Six                                                                                    December 2008
 Lt. Bob Mulligan (ret.)          Capt. John Urbielewicz        BC Steve McDonald (ret.)            Lt. James Carney
 Lt. Dennis Duffy (ret.)          Lt. Eddie Boles               BC Peter McGrath B-51               Lt. Jason Cascone
 BC Dom Derubio                                                 Lt. Paul McKie E-45                 Lt. Dean Gilhooly
 BC Rich Portello                 Senator Caesar Trunzo Lt. Larry Montrose (ret.)                   Lt. Kevin P. Hayes
 BC Jim McGrath (ret.)                                          BC Larry Nostramo
 DC Dave Jakubowski               BC Joe Anzalone               Lt. Richard O’Dea (ret.)            Senator Dean Skelos
 Capt. Jim Kielty                 Lt. Scott Batterberry         Lt. Jim O’Donnell (ret.)
 Lt. John Kielty                  Lt. Joe Beltrani              Capt. John Patten                   DC John Malkin
 Lt. Rich Ladiana                 Lt. Ed Biancavilla (ret.)     DC Rocco Rinaldi                    BC Dan Melia
 BC Charles Gussmann (ret.)       Lt. Mike Brockbank            Capt. Tim Riordon                   Capt. John Carver
 BC Pete Begley (ret.)            Lt. John Byrne                Lt. Jim Ryan (ret.)                 Lt. Tom Kreuzer
 BC Steve Bernius (ret.)          Capt. Robert Byrnes           Lt. Steve Sharp                     Lt. Joe Chiafari (ret.)
                                  DC Pete Campbell              Capt. Craig Silvino                 DC Arthur Parinello (ret.)
 Assemblywomen Marge              BC Dan Conway                 Capt. Jim Skalkowski                Lt. Daniel Bellew (ret.)
 Markey and Elizabeth             BC Tom Danz                   BC Ray Steyert (ret.)               Capt. Timothy Riordon
 Crowley                          Capt. Joaquim Da Silva (ret.) DC Rich Travers (ret.)              Capt. Jim Graham (ret.)
                                  Capt. James Davolio           Capt. Tony Tricario                 Lt. Larry Quinn, Jr. (ret.)
 Lt. Sean Fitzpatrick             BC Dixie Duggan (ret.)        Lt. Paul Wachter                    BC Bob Bell
 Lt. Billy Horan                  Capt. Jim Duggan D-15         Capt. Mike Waters (ret.)            Lt. Tom Faherty (ret.)
 Lt. Vinny McMahon                Capt. Michael Duggan          BC Bob Keys                         Lt. Charlie Rauch (ret.)
 Capt. Dan Murray                 Lt. Joe Fable (ret.)                                              Capt. James Canty
                                                                Senator Suzi Oppenheimer
 Lt. George Hough                 Capt. Raymond Fassberger                                          BC Michael Canty (ret.)
 Lt. Hugh Smith                   BC Bill Fitchett              Capt. Michael Moran                 BC Tom McCarthy
 Lt. Bill Schneider               Capt. Joseph Gandiello        Capt. John Frawley (ret.)           Capt. Rudy Weindler (ret.)
 Capt. Mike Currid                BC Doug Ghert                 BC John M. Sullivan                 Lt. Joe Fallon
 Lt. Chris Walsh                  Capt. Doug Batterberry        Capt. Paul Jirak                    Lt. Tom Melia
 Capt. Rich Klein (ret.)          SFM Brian Grogan              Capt. Ray Farrell                   BC John Alban (ret.)
 Capt. Brian Neville              Lt. Derek Harkin              Lt. Frank Montera                   BC James Healey (ret.)
 Lt. Pat Shannon                  Lt. Vincent Holfester         BC Steve O’Donnell                  Lt. Jim Hayhurst (ret.)
 Lt. Gerald Rocco                 Capt. Mike Legge              Lt. Harry McMaster                  Bill Dauscher (Civilian)
 Capt. Mark Foris                 Lt. Kevin Lenahan             Capt. Denis McCool
 BC John Postel                   BC Tom Martin (ret.)          Capt. John Mack

   Your Union At Work For You!                                       •Performance Safety Accountability Conferences.
   By John Dunne, Captains’ Representative                           • Protocol for joint FDNY/EMS facilities still pending.
                                                                     • Inability to convert electronic CD-72 from minor or NTL to
   Here is an update of some important issues the UFOA                 Time Lost.
   Executive Board is currently working on:                          •Legislative items under consideration for 2009:
                                                                              1.Protecting retirees’ health insurance coverage and
   • Contract “re-opener” 3.49% raise increase just completed.                  assisting Task Force.
   • The city’s cost-cutting plan to close 5 engine companies                 2. Increasing retirees’ COLA level to $25,000.
     during night tours.                                                      3. LOD Widows’ COLA.
   • Assisted in maximizing promotions for the recently                       4. Mandated training in the new Fire and Building
     depleted BC’s list.                                                        Codes.
   • BISP additional tour arbitration.                                        5. Improving the WTC Disability Law.
   • Emergent overtime arbitration resolution continues.                      6. VSF DROP with Interest Bill.
   • IRS taxability of ¾’s accidental disability pensions.                    7. Terminal Leave Bill.
   • IRS changing “normal retirement age” to age 50.                          8. Corpus Funding for the FDNY.
   • Taxability of pensions for those reclassifying from                      9. MTA Fare Waiver.
     orthopedic injury disability to WTC covered disability.                  10. CUNY Tuition Waiver.
   • UFOA Life Insurance RFP.                                                 11. Taylor Law revisions.
   • Long Term Care Coverage.                                                 12. All five 2-year extender bills, e.g. Heart and
   • DA Investigation of the Deutsche Bank Fatal Fire.                        Cancer
   • Retaining an additional law firm to handle criminal matters.                  bills, ITHP, Tier 2, Agency Shop, and our right to
   • 2nd ECC issue with Decon shower units.                                        collective bargaining thru binding arbitration,
   •Coronary artery calcium heart scans.                                           must be passed again in 2009.

December 2008                                                                                          Page Seven
 CD-72                                                                      • When you are injured go to the Emergency Room or if
 Continued from Page Three                                                  directed during the day, go to BHS and see a doctor.
                                                                            • Make sure there is a journal entry documenting your accident.
                                                                            CD-72s can get lost and then you will have to rely on that
     If you hurt yourself on duty take a mark. Make sure there
                                                                            journal entry to document your injury.
 is a journal entry, make sure the CD-72 in “Description of
 Incident” fully describes what happened to you and most                    • Know the difference between incident and accident
 importantly, go to the hospital emergency room. You’re not a
                                                                                Exposure Report CD-73 is also a very important form. It
 doctor and neither am I. If you hurt yourself, go see a doctor.
                                                                            can be critical in determining how you may have been exposed.
 Make sure you relate the severity of your injury. A case in
                                                                            Members should be aware of our HAT Bill (Hepatitis, AIDS,
 point, and I have seen it happen; a member hurts their
                                                                            and Tuberculosis). This bill is a presumptive bill, meaning that
 cervical spine, their neck. They feel a pinch or twinge. They
                                                                            if you contract one of these diseases, it is presumed to be job
 brush it off and take a minor injury or worse do not report it at
                                                                            related. One important note is that for exposure to AIDS, a
 all. Cervical injuries can take a few hours or up to a whole
                                                                            member must have an Exposure Report CD-73 on file that
 day or more before manifesting into a real problem. A good
                                                                            says the member has come in contact with bodily fluids and
 deal of orthopedic injuries may, initially, not seem as bad as
                                                                            may have been exposed to blood, etc. Without that exposure
 they really are. Don’t take a chance. This injury could be
                                                                            report on file you will not be eligible for the AIDS portion of the
 your career ender. If you get hurt, take a mark and see a
                                                                            HAT Bill.
                                                                                This is a great career and most people stay well past their
     The second mistake is members rush to fill out the CD-72.
                                                                            twentieth anniversary and stay healthy. However, some of us
 Take your time. The period where a member is hurt, gone to
                                                                            get hurt along the way. If you are one of those unfortunate
 the Emergency Room and has returned to quarters is not the
                                                                            ones, you need to take care of yourself. You need to report all
 time to fill out this form. Too much is going on at that time.
                                                                            injuries promptly, you need to see a doctor and you need to
 You’re hurt, possibly disorientated; there are a lot of other
                                                                            document all injuries properly. No one else is going to do it for
 things to do (journal entries, riding lists, etc.). You can fill that
                                                                            you. Remember, wear your mask, make the troops wear
 document out after your first visit to the Bureau of Health
                                                                            theirs, and please stay safe.
     The third mistake is members are not descriptive enough
 in relating how the injury happened. Before you fill out the
 CD-72 make sure you know the difference between an                         RETIREMENTS
 incident and an accident.          It’s accidental disability not
 incidental disability. As I stated before, attorneys read these           NAME                               COMMAND DATE
 documents and they must be filled out correctly. If not,                   CAPT BRUCE C. BARVELS                ENGINE 271          10-30-08
 problems arise which can be difficult to correct once the form             LT. JOHN P. CLACHER                  ENGINE 153          09-19-08
 is sent in. Remember the importance of this form. Don’t rush               BC MICHAEL FEMINELLA                 BATTALION 21        10-05-08
 to fill it out. Take your time and make sure it is correct.                LT. MICHAEL V. FINER                 MARINE 1            10-31-08
   Here are some things that the attorneys look for when a                  LT. GARY E. GORMAN                   ENGINE 314          09-08-06
 member has come before the board looking for 3/4’s:                        BC KENNETH R. GRABOWSKI              BATTALION 51        10-11-08
                                                                            LT. JOHN P. GRASSO                   ENGINE 92           08-24-08
 • Is there a CD-72 on file?                                                BC CARL JOST, JR.                    BATTALION 6         07-24-08
 • Is it an accident?                                                       LT PETER D. KREBS                    ENGINE 320          08-21-08
                                                                            LT. JOSEPH T. MC ALLISTER            ENGINE 311          09-06-08
 • Was the accident LOD?                                                    BC THOMAS A. PORCELLA                BATTALION 37        09-16-08
 • Did the 1B doctors find the member disabled?                             DC EDWARD J. POWER                   DIVISION 8          09-01-08
                                                                            LT. GARY T. RISHELL                  LADDER 114          10-14-08
 And to a lesser degree:                                                    CAPT. ROBERT L. SCOTT                ENGINE 007          09-30-08
 • Did this accident happen at a fire or emergency?                         LT. JEFFREY P. STRAUB                BATTALION 13        09-06-08
                                                                            BC CHARLES F. WILLIAMS               BATTALION 0         09-11-08
 • Responding or Returning?
 • If the accident took place in quarters, was it really an
 accident or just an incident and was it severe enough to
 disable the member?
 The 1B doctors look at the CD-72 to see if the accident was                     Family Protection Plan
                                                                                    (212) 376-8400
 severe enough to cause the injury and if the accident
 attributed to the injury.
 The following are some things members should be aware of
 to help prevent problems in the future should they get injured:
                                                                            ADVERTISING DISCLAIMER:
 • Do not work hurt. When you work hurt you are only hurting
                                                                               While the UFOA accepts advertisements from individuals and companies
 yourself and your family.                                                  we believe may be useful resources for our membership, this is no way
                                                                            implies recommendation or endorsement of these entities.

Page Eight                                                                                                     December 2008

  “It’s Your Money”                                                     health problems, that are likely to mean you will need long
                                                                        term care, you probably won’t be able to obtain a policy, as it
  Robert Kennedy‐ Certified Financial Planner                           is medically underwritten.
  Retired Captain, FDNY                                                      So what types of long term care policies are there? There
                                                                        are as many types of policies as there are flavors of ice
      The topic of discussion this month deals with long term           cream. A tax qualified long term care policy may allow an
  care insurance. Someone with a prolonged physical illness, a          individual to deduct the premium costs as a medical expense
  disability or a cognitive impairment (such as Alzheimer’s             to the extent the costs exceeds more that 7.5% of your
  disease) often needs long term care. Long term care is                adjusted gross income. In addition, N.Y. State allows a
  different from traditional medical care. Long term care helps         resident to take a 20% State tax credit for the annual
  one live as he or she is now; it may not help to improve or           premium each year off of their N.Y. State tax return. In many
  correct medical problems.                                             cases, the above possible deduction and N.Y. State tax credit
      Long term care services may include help with activities of       can greatly reduce the out- of pocket expense to the insured.
  daily living, home health care, respite care, hospice care,               What determines the cost of a long term care
  adult day care, care in a nursing home, and care in an                policy? Many factors, which include the age of the insured,
  assisted living facility.                                             the maximum benefit limit, as well as the monthly benefit
      Someone with a physical illness or disability often needs         limit. The older the individual, the longer the benefit period,
  hands – on or stand-by assistance with activities of daily            and the higher the monthly or daily benefit amount, the higher
  living.     People with cognitive impairment usually need             the premium will be. To summarize, the older the insured,
  supervision, protection, or verbal reminders to do everyday           and the more coverage one desires, the larger the premium.
  activities.                                                               One important rider that could be added to a base policy is
      Personal care (sometimes called custodial care) helps one         the addition of inflation protection. Although this rider will
  with activities of daily living (ADLS). These activities include      increase the overall premiums, your benefits will increase
  bathing, eating, dressing, toileting, continence, and                 over time to try and offset the increasing costs in long term
  transferring. Not being able to do two of any of the above            care.
  ADL’s       will  cause      an    individual   to     receive  a         N.Y. State is currently one of the few states that allow their
  benefit. Alzheimer’s will by itself trigger a benefit payment.        residents to obtain a “partnership” long term care policy. In
      How much does long-term care costs? Presently, in the             essence, as the name implies – this policy is a partnership
  N.Y. City area, nursing homes can cost up to $13,000 per              agreement between the insured and N.Y. State.                  The
  month, assisted living facilities $5,500 per month, and home          agreement basically states if you obtain a partnership long
  care costs $30 per hour.                                              term care policy and help us (N.Y. State), by having a policy
      Who pays for long term care? People pay for long term             that would pay some or all of your long term care cost – when
  care in a variety of ways. These include personal resources           you exhaust your benefits, we N.Y. State will help you out.
  of individuals or their families, long term care insurance, and           How will they help you out? By allowing you to protect
  assistance if qualified, from Medicaid.                               either some, or possibly up to all of your assets, regardless of
       The first two sources of payments for long term care             your net worth – from Medicaid. It is beyond the scope of this
  insurance – personal funds and long term care insurance are           article to go into all of the specifics of a partnership long term
  self-explanatory.        Medicaid is the government-funded            care policy. Suffice to say, if used in the correct scenario it
  program that pays nursing home care only for individuals who          can literally be a life saver.
  are low income and who have spent most of their                           Hopefully, you have become more educated about the
  assets. Medicaid pays for half of all nursing home care on an         complex world of long term care insurance. Once again, not
  aggregate basis, but many people who need long term care              everyone is a candidate for this type of coverage. The sad
  never qualify for Medicaid assistance. Many people start              reality is that many people wait until a disability or illness
  paying for nursing home care cost out of their own funds and          strikes, than realize after the fact, the benefits these types of
  “spend down” their income and assets until they are eligible          products provide.
  for Medicaid.                                                             Remember, most people don’t plan to fail, they fail to
      Who may need long-term care? A sobering statistic –               plan. Any questions can be answered by contacting me at
  about 44% of people who reach age 65 are expected to enter            516-804-0173.
  a nursing home at least once in their lifetime. Of those who
  enter a nursing home about 53% will stay for one year or
      Do you need long term care insurance? Whether you                            JEFFREY L. GOLDBERG
  should buy a long-term care insurance policy depends on                            ATTORNEY AT LAW
  your age, health status, overall retirement goals, income and
  assets. For instance, if your only source of income is a Social
  Security benefit, you probably should not buy long term care                        JEFFREY L. GOLDBERG, P.C.
  insurance since you may not be able to afford the premium.                            2001 MARCUS AVENUE
      On the other hand, if you have a large amount of assets, or
  large amount of income, but don’t want to use them to pay for
                                                                                      LAKE SUCCESS, NEW YORK
  long term care, you might consider the feasibility of obtaining                                11042
  a long term care policy. Many people buy a long term care                               TEL: (516) 775-9400
  policy because they want to stay independent of government                              FAX: (516) 775-4477
  aid or the help of family. If you already have certain types of

December 2008                                                                                              Page Nine
                    City Hall Report
                    Continued from Page Two

                       Although, there were many important points raised on both
                    sides of the issue, the UFOA remained consistent and
                    expressed our support for the extension of an additional term.
                    When this issue was raised in 1993 and again in 1996, the
                    UFOA was in opposition to term limits and we currently
                    maintain that same position. We have never believed that it
                    was a good idea to replace a majority of the elected officials
                    in City Hall at the same time and we feel that it is even more
                    imperative now with the economic crisis that looms before us.
                    The UFOA has established an amicable working relationship
                    with the current city administration, especially in the City
                    Council, and to see a turnover of 31 City Council seats along
                    with the Mayor, Comptroller, Public Advocate, and most of the
                    Borough Presidents being replaced in 2009 may not be
                    beneficial to our union. The citizens of New York City still
                    have the opportunity to keep or replace those that are
                    currently elected and it will be interesting to see how the
                    public reacts to this change in the 2009 Election.

                      I wish to take this opportunity to thank all our delegates
                    and members for your continued support and I hope that you
                    and your family have a safe and joyful holiday season.

                    IN MEMORIAM
                    NAME                            RET DATE            DOD
                    LT. ALVIN E. BARKSDALE           03-23-82          08-14-08
                    LT. ROSCOE P. BUFORD             11-16-93          08-26-08
                    LT. JOHN W. BUTLER               01-13-64          08-09-08
                    CAPT. JOSEPH J. CAPUANO          07-08-82          08-25-08
                    LT. JOSEPH C.
                            CULBERSON, JR.            07-23-74         08-30-08
                    CAPT. FREDERICK FUCHS             02-26-94         07-27-08
                    CAPT. SYLVESTER GOSS              10-12-87         07-26-08
                    LT. GORDON KENNEY                 07-01-74         08-23-08
                    BC THOMAS J. MALONEY              09-29-76         08-15-08
                    LT. ROY MILLER                    01-04-67         09-12-08
                    BC JAMES MOFFATT                  08-16-85         08-14-08
                    LT. FRANCIS W. MURPHY             10-16-67         09-14-08
                    LT. BERNARD NEER                  07-07-86         09-04-08
                    LT. RICHARD F. QUIRKE             07-10-81         09-03-08
                    CAPT RICHARD W.
                             ROEHRIG, JR.             10-01-80         09-09-08
                    LT. GEORGE R. SCHRECK             08-04-82         08-26-08
                    LT. VINCENT TANCREDI              03-20-05         08-08-08
                    CAPT. JOSEPH WEITEKAMP            03-01-76         08-13-08

Page Ten                                                December 2008
                              Retirees’ Corner                         better manage this benefit. The basic rules that apply to each
                                By Mike Donovan                        of these plans are included in the table that follows. For
                                                                       further information regarding this important UFOA benefit,
                                                                       contact Express Scripts at 1-866-4NY-UFOA, The UFOA FPP
                                                                       at 1-212-376-8400, or online at

                                                                       Medicare Part D

 Prescription Drug Benefits for UFOA                                       For retired members over 65 years old, as well as those
                                                                       who are on Social Security Disability, the rules governing your
     Over the past 15 years the cost of prescription drugs has         benefits will change, starting on January 1st, 2009. The
 escalated dramatically. There were a large number of new              changes will not affect the way you receive your coverage,
 drugs brought to market to treat a wide variety of serious            however, in some cases there may be a significant increase
 illnesses and diseases. Many of these require long term or            in benefit.
 maintenance utilization, and most were expensive due to a                 As in the past, Medicare eligible retirees will be
 variety of reasons including: patent rights, absorption of            automatically enrolled in a Medicare Part D plan starting on
 research costs and direct to patient advertisements. The cost         that date and the coverage is considered “credible” under Part
 of these medications outstripped the ability to of the a              D rules. Express Scripts will continue to provide this benefit,
 significant portion of the entire population nationwide,              and most of the rules for preferred drugs and “step therapy”
 including the UFOA Family Protection Plan.              Various       will still be in force. As a result there should be little or no
 programs have been negotiated or have become available                disruption to our members.
 because of the widespread nature of this problem.                     If either the member or spouse is not eligible for Medicare
     Unfortunately, while these programs have helped to                Part D, drug benefits will continue to coordinated through the
 provide this vital coverage, the coordination of benefits has         Family Protection Plan and PICA, etc. until he/she also
 led to some confusion as to how drug benefits are provided to         becomes Medicare eligible.
 our members and their families. Drug coverage is now being            As mentioned above, enrollment is automatic; anyone who
 provided by various entities.                                         has or selects other “credible” coverage will be required to
     For active members and retirees who are not currently             “Opt-out” of the Family Protection Plan drug benefit.
 enrolled in Medicare, coverage is provided by the following:          Information on the “Opt-Out” procedure will be forwarded to
 the PICA program covers injectible and chemotherapy drugs;            our membership shortly.
 the basic health plan (GHI, HIP, etc.) covers diabetic and            The single biggest change under Medicare Part D is the
 infusion drugs; the Family Protection Plan covers most of the         amount of coverage that will be provided. Presently, there is a
 remainder with the WTC Medical Monitoring Program                     “cap”, or limit to the amount of annual coverage that members
 providing benefits for specific drugs related to the affects of       and their families receive. Non-Medicare Retirees will
 9/11 and related causes for eligible members only.                    continue to have a $7,500 per person/ $15,000 per family
     Medicare eligible members and dependents do not receive           annual cap. Under Medicare Part D there is no limit to their
 coverage under PICA and are not covered for diabetic drugs            annual drug benefit. Individuals utilize their drug benefit as
 under the basic health plan. Beginning January 1, 2009 the            they always have, and pay an annual $100 deductible and co-
 UFOA will directly coordinate with HIP an extended Medicare           payments in accordance with the formulary schedule. If an
 Part D benefit for members and families enrolled in HIP VIP.          individual reaches a combined total of $4350 in deductible
     The UFOA selected Express Scripts (ESI) as its                    and co-payments (T.R.O.O.P.) during the calendar rear, the
 Pharmacy Benefit Manager, or PBM, because it administers              Medicare Catastrophic coverage will start. At that time, an
 many of the benefit categories that apply to fire officers. In        individual’s co-payment will be limited to 5% of the plan drug
 most cases, the correct entity for each type of coverage is           cost. Co-payments will revert to the initial plan benefit each
 determined by an online eligibility system at the pharmacy. A         January 1.
 mistake that commonly occurs is that pharmacies will process          In addition, under Medicare Part D only, there will be an
 claims under the wrong benefit category. For example if a             exception to the mandatory maintenance drug at mail
 prescription should be paid for under the PICA program, but is        program to permit certain pharmacies to fill 90-day
 processed under the UFOA program the member could be                  prescriptions at retail rather than be required to use the
 told that he has no coverage. An understanding of which               Express Scripts mail facility. Only certain pharmacies will be
 program should be utilized will help to alleviate this common         able to fill 90 day supplies at retail. A list of participating
 error.                                                                pharmacies will be included in a future mailing and available
     These categories include the following:                           on the Express Script website and phone line.
                                                                       For Medicare eligible retirees who are enrolled in the HIP-VIP
 ·   The UFOA Family Protection Plan, and UFOA Retired                 health plan, drug coverage is provided through HIP. The
 Fire Officers Family Protection Plan Prescription Benefit             UFOA has entered into an agreement with HIP to extend the
                                                                       basic coverage with a supplemental rider paid by the U.F.O.A.
     The UFOA FPP and UFOA RFO FPP provide most of the                 Individuals utilize their drug benefit as they always have, and
 Prescription Drug Benefits for our members. In January 2005,          pay co-payments in accordance with the formulary schedule.
 the UFOA contracted with Express Scripts to administer these          If an individual reaches a combined total of $4350 in
 plans. Express Scripts implemented a number of programs
 including a preferred drug list and “step therapy” programs to
                                                                                                       Continued on Page Thirteen
December 2008                                                                                            Page Eleven
Page Twelve   December 2008
  Retirees’ Corner                                                  your associated co-pays. For example if your plan paid
  Continued From Page Eleven                                        $7,500 towards your prescription drugs, your co-pays would
                                                                    have to be at least $2,500 to satisfy the deductible.
                                                                       Once the deductible is satisfied, the cost of medications up
  deductible and co-payments (T.R.O.O.P.) during the calendar       to 100% of what is usual and customary would be subject to
  year, the Medicare Catastrophic coverage will start. At that      reimbursement. Keep in mind that Catastrophic Insurance is
  time, an individual’s co-payment will be limited to 5% of the     an “optional program” and members must be enrolled and pay
  plan drug cost. There is no annual “cap”, or limit, to this       a premium to qualify for this benefit.
  catastrophic coverage; however, co-payments will revert to
  the initial plan benefit each January 1.                          Diabetic medications and supplies

  The World Trade Center Medical Monitoring Program’s                  For those of our members who are not Medicare eligible,
  Prescription Drug Benefit                                         diabetic medicine and supplies are covered through the
                                                                    respective Health Plans. For Medicare eligible members,
  This program is administered by the FDNY Bureau of Health         diabetic medicines are covered through the Union Drug
  Services, and paid for in full through a grant provided by the    Benefit, while diabetic supplies are not covered. Supplies
  Federal Government. FDNY WTC rescue workers, active and           such as glucose monitors, test strips and lancets are each
  retired, who participated at any site WTC, CME’s Office or        member’s responsibility, and can be obtained through Liberty
  temporary morgue locations, SI Landfill, SI Homeport, World’s     Medical at 1-800-537-7726 or 1-800-633-2001 (x26062).
  Fairgrounds (Queens) staging area, WTC Barges- from
  9/11/2001 through 7-25-2002 are eligible. Eligible members
  pay a zero co-pay for covered medications. Eligibility                      JOSEPH H. DIRKS, ESQ.
  requirements are included in the table below. Drugs to treat
  respiratory conditions, chronic sinus conditions, GERD,
                                                                               BATTALION CHIEF, RETIRED
  mental health conditions, and smoking cessation drugs are                         Personal Injury Matters
  covered. Active and retired members who wish to participate                             718-237-0650
  in this WTC Prescription Plan must also have taken a current
  BHS WTC Medical Monitoring Medical (since Aug 12, 2005)                —THE LAW OFFICE OF JOSEPH H. DIRKS, P.C.—
  and prescriptions for WTC Plan covered medications can only
  be written by a BHS WTC Treatment physician. For any                  60 SECOND STREET STREET, BROOKLYN, NY 11231
  questions or concerns regarding WTC healthcare or to                      
  schedule a WTC Medical Monitoring Medical, contact the
  Medical Monitoring Program at 1-718-999-1858

  The PICA Program

     PICA is the drug benefit administered by the City of New
  York through the Office of Labor Relations and paid through a
  fund negotiated by the City and the Municipal Labor
  Committee, which represents all City unions. Currently this
  program provides coverage for self-administered inject able
  and chemotherapy drugs. This benefit is available to both
  Active and Retired members, as well as their eligible
  dependents that are not covered by Medicare. The Office of
  Labor Relations is also the agency that administers your
  health benefits. For more information on the PICA program
  you can go to

      The table on page twelve explains the highlights and the
  differences between each of the benefits.

  Additional Information regarding coverage of Drug

       For Active and Retired members who are not Medicare
  eligible, and max out their drug benefit before the end of the
  year there is an additional resource at their disposal. If you
  are enrolled in Marsh Supplemental Major Medical
  Catastrophic Insurance Program you can apply for
  reimbursement for your drug outlay, once you have satisfied a
  $10,000 deductible. This deductible is met by a combination
  of what your prescription drug benefit has paid, along with

December 2008                                                                                      Page Thirteen
  President’s Report                                                     resting, eating and living with our families and preparing for
  Continued from Page One                                                the next forty hours of work that may well take our life.

  more with less; to be extremely vigilant of evolving fire                             Taxation of Disability Pensions
  conditions; to be highly aware that burn time could be longer
  prior to response and arrival. In a nutshell, unit closures will           Many of our members have been following the issue of
  almost surely result in greater property damage, increased             taxability of the 1/60ths and the ITHP of disability pensions. It
  civilian and Firefighter/Officer injuries and unfortunately,           is surprising how many inquiries are still being made when we
  increased deaths.                                                      have made mention of this issue for over three months. The
      The UFOA will endeavor to make recommendations to the              IRS has always had a rule regarding taxation on pension
  Department and City that will result in savings but not at the         benefits. In our case it was the guarantee of a 1/2 pay
  cost of unit closures, partially or permanently. We implore the        pension at 20 years of service with the option of earning extra
  City to make exceptions to budgeting cuts when it comes to             benefits after the minimum years of service, (1/60ths) plus
  public safety. Across the board cuts should take exception to          Increased Take Home Pay benefits that caused the Feds to
  those agencies that provide life safety. The UFOA will                 take notice. This was not a new regulation, rather an existing
  continue to work against any closures or reductions in                 regulation that NYC never enforced and now is required to. As
  uniformed personnel and we encourage any member residing               a result, the Feds want their share of taxes but they are not
  in the City to contact your Councilperson and voice your               "pound foolish" either. The IRS could force NYC to amend the
  concerns.                                                              last three years of tax returns for every disabled retiree in
                                                                         every agency in NYC; a monumental task for the City. The
                    Non-Emergent Arbitration                             City will agree to a fine for non-collection and they will issue a
                                                                         "1099" for all disabled retirees going forward from 1/1/09
      Recently, we met with the Office of Labor Relations,               ONLY.
  myself, Al Hagan, Ed Boles and our attorney, Rich Betheil.                                 Normal Retirement Age
  The purpose of the meeting was to discuss and move forward
  towards the Arbitrator's recommendations to secure an                      Another IRS issue is an attempt to change the designation
  agreement regarding "Non-Emergent Appearances". As you                 of “Normal (minimum) Retirement Age”. FDNY members are
  should recall, the UFOA received a favorable decision from             not affected by this IRS opinion. It pertains to “In-Service
  the Arbitrator, Al Vianni, on this issue. However, before he           Distributions” such as a full DROP program, where one would
  rendered his final decision, he instructed the parties to make         officially retire, collect a pension but continue to work for the
  suggestions to remedy the problem of many members                      same agency at full pay. The Fire Pension Fund nor any
  working more than forty hours per week. Unfortunately, the             other NYC Pension Fund allows “In Service Distribution”.
  FDNY proposed NO remedies and arranged NO meetings
  with the UFOA since the Arbitrator's ruling. Contrary to this                          Smoke Detector Distribution
  inaction, the UFOA has spent many hours of constructive
  discussion amongst ourselves and others. As a result of the               A recent program by the FDNY has caused a "tongue in
  meeting on the 25th of Nov, we agreed to meet with the                 cheek" reaction from the UFOA. I am speaking of the program
  FDNY on the 11th of Dec to discuss their suggestions.                  to distribute Smoke Detectors to the public at the Battalion
      This Arbitrator's decision has been interpreted by some            level. While an admirable activity by the Department, the
  members to have significance for only Chief Officers, this is          UFOA seriously questions the sincerity of the Department to
  far from the truth. Every member of the UFOA has been                  perpetuate this program. What's next??? The Battalions are
  called upon since 9/11 to commit more than before especially           up to their ears in responsibilities including the new Building
  in training and we have answered the call admirably. Yet this          Inspection Safety Program and the efforts to inspect all
  has resulted in many more hours away from our families and             buildings under construction and demolition. When will the
  our expected quality of life. There are many of us who have            Administration admit that we are undermanned to undertake
  given more than others have; not a measure of dedication at            these additional responsibilities? Other than the Battalion
  all, we all have different measures of commitment in our lives.        Firefighters, who is available to assist in the Battalion office
  It is these commitments that the Department forgets about.             with these additional programs? This is nothing more than an
  You and I have commitments and they include our families               empty public relations program, instituted with inadequate
  and our own personal lives. You and I signed on to dedicate            personnel that is doomed to failure, without regard.
  our lives to the protection of the lives and property of the
  citizens of NYC; but not for 24/7, unless confronted with an                                       NYFIRS
  emergency situation.
      Brothers and Sisters, it is time for all of you to decide if you        Starting December 1st, the Department will be starting a
  are a Professional Fire Officer hired to do a job under                new NYFIRS program designed to track the number of
  Federal, State and Local regulations. That we are the best at          civilians the FDNY saves or rescues. We applaud the Staff
  our trade and we expect to be compensated for our time as              Chief responsible for this program and encourage all Fire
  per the collective bargaining agreement and No More. That              Officers to make the necessary entry in all Fire Reports to
  we will deliver the services expected of us without hesitation         accurately reflect the activities of our entire Department. It is
  to protect life and property. That we will defend our rights as        imperative that we are all cognizant of the importance of this
  Fire Officers and US citizens and have the right of refusal to         data and make every effort to record it. Please do not
  work more than forty hours for non emergency functions and
  that we will spend the remaining 128 hours of the week                                                    Continued on Page Fifteen

Page Fourteen                                                                                            December 2008
  President’s Report
                                                                      have worked up some numbers that suggest this statement is
  Continued from Page Fourteen
                                                                      correct and have had the FDNY confirm these accusations.
                                                                      We are attempting to discuss this issue with the City and
                                                                      resolve it ASAP since it appears to be confirmed by the
  minimize this reporting effort; a little more attention to detail
                                                                      Department. We will keep you informed of developments.
  will result in a more full accounting of our overall activities.
  We encourage all Fire Officers to familiarize themselves with
                                                                                              Legal Services
  the Operations Buckslip # 08-11-83 or go to the NYFIRS
  homepage on the internet (Dept. Order 102/08).
                                                                          Your Executive Board has retained the legal services of
                    “A” Building Inspections                          Karasyk and Moschella, LLP to provide legal representation of
                                                                      our active members at arraignment only if they are arrested.
      The Department has requested an evaluation from every           Following the arraignment, the member is responsible for
  Battalion and Division regarding their expectation to complete      further legal costs. They may choose to retain Karasyk and
  their “A” buildings. Please endeavor to cooperate fully with        Moschella who will extend to them a discounted fee. This
  this request. It should come as no surprise to many that the        service is available 24/7 and will be available by contacting
  FDNY is not “on target” to achieve its annual goals. When           the UFOA at any time. This firm is also available for other
  was the last time (first time) that we reached our inspection       legal services at a discounted rate.
  goals? And do not forget your approval of pre-fire plans.
                                                                                                 Web Site
  There is a program functioning presently to inspect the
  dormitories of SUNY and CUNY facilities; I understand it is
                                                                          I am also pleased to announce that we are working
  going well so far. Bravo! What does this tell us? It
                                                                      towards a new web page that will include a “member’s only”
  demonstrates what the UFOA has stated for the past year; the
                                                                      section where intimate information will be available. This new
  FDNY cannot satisfy its inspection responsibilities with its
                                                                      site will allow direct access to the Family Protection Plan and
  current administration and inspection agenda. A dedicated,
                                                                      access to the Trustees’ emails. However, there will be no
  uniformed inspection task force, with enforcement powers is
                                                                      blog site. If you have a concern, bring it directly to a Trustee.
  the only remedy for avoiding catastrophe and additional
  terrorist plots.
                                                                                          Group Life Insurance
      The Department is requesting that Chief Officers re-
  evaluate your inspection occupancies, suggesting that many
                                                                         We have also sent out a “Request for Proposal” regarding
  may no longer meet the criteria established. I would strongly
                                                                      our Group Life Insurance program. Our hope is to offer
  encourage all Fire Officers, especially Chief Officers to
                                                                      greater benefits at lower costs and to increase the benefit for
  carefully reconsider any change in inspection classification
                                                                      our retirees; all without the need for a medical examination.
  before a complete, personal evaluation, taking into
                                                                      We are also speaking with our providers and non-providers
  consideration the new Building and Fire Codes.
                                                                      about enhancing our other benefits (pharmaceuticals,
      However, no Fire Officer has had formal training in
                                                                      eyeglasses, hearing aids and dental). This is a tedious yet
  Building Inspection and this results in an “expectation” that
                                                                      serious project and we are optimistic regarding the outcome.
  since a Fire Officer inspected the premises, all is safe with it.
  (See the letter to the Fire Commissioner regarding building                                Political Action
  inspections, page 16.)
                                                                          I would be remiss if I did not mention the tremendous
                       New Code Training                              turnout of UFOA members in this recent election period. We
                                                                      had an unprecedented amount of members turn out on
      The UFOA is attempting to enact legislation that will           Election Day. 330 members, including those members who
  require 120 hours of training in the new codes for all Fire         volunteered on the Saturdays preceding November 3rd and
  Officers. This serious legislation should cause all Fire Officers   those who volunteered on the phone banks. While we were
  to question their own inspection capabilities when called upon      not successful in getting all our endorsed candidates elected
  to evaluate a structure against the new codes. We are hoping        or re-elected, we clearly demonstrated our support of those
  that the City and State will realize the full benefit of this       candidates and their parties. The fruits of our efforts are yet
  legislation.                                                        to be seen and we will “keep track” of them.
      I wrote a letter to the Fire Commissioner stating that Fire         Locally, we came out in support of a third term for our
  Officers have not been formally trained in Building Inspection.     current local politicians. The UFOA did this firstly because we
  I received a response from the Chief of Department (see page        were never a supporter of term limits and secondly because
  17) and in this response you will note the significance of a        we believe that the current and near future financial situation
  Fire Officer’s signature. It would appear that every Officer’s      will require the expertise of veteran politicians, not newly
  building inspection knowledge is limited and this reinforces        elected probies. We firmly believe that NYC is about to face a
  our convictions that a formal training program for all Fire         very tough financial period and there is a need for
  Officers is necessary.                                              experienced leaders. We also feel that the UFOA will be
                                                                      better able to explain to these learned leaders the
                       Lieutenants’ Salary                            consequences of any cutbacks in the field of emergency
    There has been concern expressed, rightfully so I might
  add, that some recently promoted Lieutenants may have                                                    Continued on Back Page
  drawn salaries that were less than top grade Firefighters. We
December 2008                                                                                            Page Fifteen
Page Sixteen   December 2008
December 2008   Page Seventeen
                2008 UFOA Delegates’ Christmas Party

Page Eighteen                December 2008
December 2008   Page Nineteen
  Uniformed Fire Officers Association
  225 Broadway, Suite 401
  New York, NY 10007


President’s Report
Continued from Page Fifteen

                          Be Aware

    Speaking of current times, we do not have to remind any                      Finally, I would like to take this opportunity to extend
member of what difficult financial times we can result in. We                 warm Holiday Wishes to the entire UFOA membership,
implore each and every Fire Officer to be aware of any                        active and retired from the entire Executive Board and
abnormality they see and to accurately record any incident                    staff, including the FPP staff. Let us all hope and pray for
they respond to. Every action, no matter how minimal you                      a healthy and safe New Year.
may perceive it, will have an impact on the future of delivery
of emergency services in every first responder agency,
especially Fire.
    None of us need to be reminded of our frailty. If you
forget, just think of Lt. Bobby Ryan and his great love of this
job, his dedication to duty and family; and within 15 minutes of
arrival at the fire, he was no longer with us, physically. God
bless Bobby Ryan, Jr.

                                         UNIFORMED FIRE OFFICERS ASSOCIATION
                                               Local 854, I.A.F.F., AFL-CIO
                                    225 Broadway, Suite 401 New York, NY 10007 • (212) 293-9300 •

                                                       EXECUTIVE BOARD
                                                           BC John J. McDonnell

  Lt. James J. McGowan           Lt. Edward P. Boles                     Capt. Patrick Reynolds                  Capt. John B. Dunne
  Vice President                 Treasurer                               Recording Secretary                     Financial Secretary

  DC Richard J. Alles           BC George S. Belnavis                    Capt. Al Hagan                          Lt. Stephen J. Carbone
  Sergeant-at-Arms              Chiefs’ Representative                   Captains’ Representative                Lieutenants’ Representative