Get documents about "THE TRUMPET
Document Sample
THE TRUMPET
THE OFFICIAL PUBLICATION OF THE UNIFORMED FIRE OFFICERS ASSOCIATION
Volume 9 No. 5 Local 854, I.A.F.F. AFL-CIO December 2008
5-5-5-5
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.
www.ufoa.org Continued on Page Ten
Page Two www.ufoa.org 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 www.ufoa.org 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.
consciousness.
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 www.ufoa.org 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:
www.FireSafetyDirector.com
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: info@FireSafetyDirector.com
December 2008 www.ufoa.org 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 www.ufoa.org 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 www.ufoa.org 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.
doctor.
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.
Services.
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 www.ufoa.org 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
more.
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 www.ufoa.org 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 www.ufoa.org 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 www.express-scripts.com.
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 www.ufoa.org Page Eleven
Page Twelve www.ufoa.org 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 Jdirks@nyc.rr.com
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 www.nyc.gov/olr.
The table on page twelve explains the highlights and the
differences between each of the benefits.
Additional Information regarding coverage of Drug
Benefits
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 www.ufoa.org 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 www.ufoa.org 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
services.
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 www.ufoa.org Page Fifteen
Page Sixteen www.ufoa.org December 2008
December 2008 www.ufoa.org Page Seventeen
2008 UFOA Delegates’ Christmas Party
Page Eighteen www.ufoa.org December 2008
December 2008 www.ufoa.org Page Nineteen
Uniformed Fire Officers Association
225 Broadway, Suite 401
New York, NY 10007
ADDRESS SERVICE REQUESTED
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
Fraternally,
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 • www.ufoa.org
EXECUTIVE BOARD
BC John J. McDonnell
President
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
