2017 NJ STATE PBA Collective Bargaining Seminar
So why are you doing all this work in collective bargaining?
To enhance your pension. To get through all the scrutiny from the Division of Pensions, to understand post-retirement employment issues and to deal with some of the disciplinary cases and how they play into your pensions, here are some thoughts and ideas:
• As a reminder, the three pensions tiers are:
• Tier 1: Those employed prior to May 21, 2000
• Tier 2: Those hired from May 21, 2000, to June 28, 2011
• Tier 3: Those hired after June 28, 2011
• The biggest question to answer when discussing retirement is,“ Are you ready?” Are you ready physically and mentally? Also, can you afford to retire?
• When you do retire, check your MBOS account to confirm your collective bargaining unit submitted the right numbers for your pension to the Division of Pensions.
• For Tier 1 members who have 25 years of credit in PFRS, your pension will be 70 percent of your salary, based on your final 12 months
• For Tier 2 members who have 25 years of credit in PFRS, your pension will be 70 percent, based on the final three years of salary level or any three of the highest years of
Retirement and Disability Pensions
CHRISTOPHER A. GRAY, Sciarra and Catrambone, LLC PETE ANDREYEV, NJ State PBA Pension Benefits Coordinator
earnings.
• For Tier 3 members, your pension will be 60 percent of your three highest earning years with 25 years of credit, or 65 percent with 30 years of credit.
• The Division of Pensions loses information and materials more than it cares to admit. When you send in your paperwork, send it by UPS, FedEx, Certified Mail or some way you can have proof it was done. Send it by email, regular mail and lawyer-serviced delivery.
• Wait to get your pension check on the first of the month after you retire, then go look for a job. You need to wait six months after retirement before you can take another government job without having to risk or lose your pension.
• Make sure you have your statement of retirement. Whatever you do financially in retirement, you will need this form. It displays what you will need to know regarding your retirement allowance.
• If you are going back to you same employer, you need a bona fide severance of employment. You cannot pre-arrange a job. And wait the full 180 days from when you retire.
• An Accidental Disability Pension is the one everyone
Knowing your rights as a law enforcement officer
STUART ALTERMAN Alterman and Associates
It used to be you against the people on the outside; now it’ s you against yourselves. The Internal Affairs( IA) process has become extremely onerous and time-consuming, so it’ s extremely important for you to understand and learn how to deal with the process because it could be the difference between remaining employed and getting to the finish line – retiring with full pension and benefits.
To reach the finish line, consider:
• Critical incident protocols can cause you to become a target of criminal investigation or a prospective target. If you face an investigation, call your PBA representative and your attorney. And remain silent; you have Fifth Amendment rights against self-incrimination.
• If you are in an ongoing critical incident investigation and you feel the need to get it off your chest, you might think you’ re talking to a friend or a colleague, someone who cares.
You are speaking into a camera and being recorded. Those statements could be used against you.
• When you are examined by a doctor following a critical incident, don’ t let the doctor tell you how you are feeling. The doctor was not there. You tell the doctor how you are feeling. Let them know how you are stressed or any other feelings.
• This was instituted back in the 1990s: Nobody gives a statement on the night of a critical incident. Get medical care, and tell them there is no way you are giving a statement.
• It’ s important to recall what happened. Don’ t put it on paper right away. You need to defragment before putting pen to paper. Reports follow you. You need four or five days to defragment and write an accurate report. Ask to see the video. If they don’ t allow you to, put that in the report.
• If you are served with a disciplinary notice, ask for a hearing. Time is important. Get your PBA attorney involved right away.
• Weingarten Rights allow the right to have a PBA representative present. Use it. That’ s your lifeline.
• When you hear Miranda rights being given, just like any criminal defendant you are entitled to Fifth Amendment rights. It’ s time to have a conversation with your attorney, and it should go like this:“ Shut up. Pick yourself up out of your chair and leave.”
• If they confer Garrity immunity upon you, you are agreeing in
48 NEW JERSEY COPS ■ FEBRUARY 2017