December 2013 Meeting Packet

President's Report December 2013 Respectfully Submitted - Domini* k Marino, President

Invited speakers: IAFF 1st District Vice President Bill Romaka PFRS Trustee - Tim Colacci

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PFRS TRUSTEE CANDIDATE NOMINATING PETITION: George Borek is the candidate that we are endorsing for the upcoming PFRS Trustee position that is up for a vote next year. We need our members to log on to the PFRS website and- register your nominating vote for,George Borek. httpS://VOte.^lection-ambrica.COm/NJPensionS and follow the simple directions. Nominations must be registered by January 10; 2014! Do not wait, nominate George today. * •' PLEASE REGISTER YOUR NOMINATION FOR:

GEORGE BOREK

Legal update: " " ' " < • ; ' Nothing new from last month! Legislative activity: During the lame duck session we have been concentrating on four legislative bills to see if there is any way of getting them moved. A2463andS165Qr Revises requirements for emergency medical services delivery THIS WILL HAVE TO WAIT TILL THE 216™ LEGISLATURE

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A1196andS1778 "Thomas P. Canzanelia Twenty First Century First Resppnders Protection Act" THIS WILL HAVE TO WAIT TILL THE-216™ LEGISLATURE ' A1399andS512 Authorizes payment of funeral expenses for certain public safety employees killed in the line of duty A1560and S2812 Permits municipality, fire district or authority to approve transfer of certain firefighters from PERS to PFRS WE ARE STILL TRYING TO GET THIS HEARD BEFORE THE CURRENT SESSION ENDS

Presidents Report for December 2013 State meeting.

S507 and A266 Requires identifying emblems on certain structures to notify firefighters of solar panels and requires exterior disconnection for solar panels. WE TESTIFIED IN SUPPORT OF THIS ON DECEMBER 5™. S613 Concerns certain workers' compensation supplemental benefits WE WERE AT THE HEARING ON DECEMBER 5TH AND GAVE OUR SUPPORT On Thursday there are a number of bills that the PFANJ will be testifying on: •? - ' • A2344- Permits granting residency-credit points to candidates taking certain municipal police and fire promotional examination.-This bill would permit a municipality that is-coextensive with a school district that received education opportunity aid or preschool expansion aid in the 2007-2008 school year and that is operating under Title 11A of the New Jersey Statutes (Civil Service) to adopt an ordinance to give resident candidates for promotions within its police department or its fire department special credit. Under the bill's provisions; a resident candidate:who attains a passing score on the competitive test for promotion within the police or fire department would be given a bonus of five points to be added, as.a "residency-value," to his test score. We are opposed to this legislation. / • - . - . • • - " • ' _" A1570/S2273 - Requires fire suppression systems in new single and two family homes. We support this legislation. - _' ,' ' - f

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A4028 - Establishes State pension fund preference for certain in-State infrastructure investment. We conditionally support this legislation. : ' • • ' - . • S1914 - Requires certain user fees'Jor the provision of'traditional municipal services to be included within the 2%'municipal and county property tax levy cap. We are monitoring this legislation. We are also keeping a watch on S2 &-A1171-- Shared Service Bill and S1913 - Disability Pension Bill to see if theretwill be any movement on.them. t

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SIC - State Investment Council The following is a recap-of the.November21?t meeting for the New Jersey State Investment Council The reelection of Robert Grady and-Brendan Byrne as Chairman and Vice Chairman of the State Investment Council for 2014! The pension system has earned 11.6% since January 1st and 6.5% since July 1st. New Jersey Chief Economist stated that the increase amount spent on entitlements is reducing the amount of money available for infrastructure spending. He also stated that unemployment percentage was decreasing.

Presidents Report for December 2013 State meeting.

Breach in security because of stolen laptops in Horizon: http://www.ni.com/bu5iness/lndex.ssf/2013/12/horizon bcbs notifying 840QOO.html?utm source=dlvr.it&utm mediu m=facebook On the weekend of November 1-3, 2 laptops were stolen from Horizon's headquarters in Newark. The laptops held records of approximately 10,000 SHBP/SEHBP members (other Horizon members were also impacted). The files were password protected but some of them contained Horizon ID numbers, Social Security Numbers and other personal information. Horizon is issuing a press release today :at-2:00 announcing-the breach. There is a hotline for members, 877237-9502, which is available Monday thru Friday 9:00 an? to^OQ^BM EST or they can go to the Horizon website. Horizon '"< :\v£ *-*'vAv.state.iii.iis/csc/seekers/iobs/safetv/firefi2titers titles.html

OR http:/Avww.state.iii.us/csc/about/news/safety/index.html

Candidates, appointing authorities, and fire union representatives should visit this web page to see the most up to date information regarding New Jersey Fire Service Promotional and Entry Level testing.

FIRE CHIEF The current announcement was released on August 1, 2013. The exam was successfully administered on November 45 2013. Lists issued on November 20, 2013. Candidate review is scheduled for Monday December 9, 2013. The symbols are as follows:

Camden Plainfield Vineland Union Twp. Bloomfield

PM1765R PM1766R PM1767R PM1768R PM1835R

The next announcement is scheduled for August 1, 2014.

DEPUTY FIRE CHIEF The current announcement will be released on December 1, 2013. The exam is tentative projected for April 29 and 30, 2014. Symbols and jurisdictions are:

Belleville Camden Irvington Paterson Ventnor

PM2158R PM2159R PM2160R PM2161R PM2162R

The next announcement is scheduled for December 1, 2014.

BATTALION FIRE CHIEF The current administration announced on February 1, 2012. The Oral portion of the exam was held on June 19, 20, and 22, 2012. The written exam was held on December 6, 2012. A make-up exam was held March 27, 2013. Lists issued September 4, 2013. Symbols and jurisdictions are: Asbury Park Atlantic City Bayonne Belleville Bridgeton Cam den Elizabeth Florence Twp. Gloucester City Hoboken Jersey City Millburn Mount Laurel Newark North Hudson Paters on Pennsauken Twp. Perth Amboy Plainfield Pleasantville Rahway Teaneck Trenton Union Twp. Voorhees Twp. Winslow Twp. Passaic

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The next announcement is scheduled for February 1, 2015.

2n Level Supervisor The current announcement was released on February 1, 2013. The written exam was successfully administered on May 23, 2013. Written exam review was held on June 12th & 14th. The Oral Assessment Exercises were successfully administered on November 13th and 141' 2013. List issuance is projected for late-December / early-January 2014. Symbols and jurisdictions are:

Clifton Hackensack Linden Margate Mt. Laurel FD #1 New Brunswick Passaic Teaneck Union Twp. Ventnor City Vineland Willingboro Twp.

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The next announcementis scheduled for August 1, 2014.

1st Level Supervisor The current administration announced February 1, 2013. The written exam was successfully administered on June 6, 2013. Written exam review was held June 27-28. The oral assessment exercises were successfully administered on October 29th and 30th' 2013. Lists will issue once the videotaped responses are scored. The Symbols and jurisdictions are: Bergenfield Camden Carteret Ewing Hamilton Twp. FD #2 Hamilton Twp. FD #1 Harrison Jackson FD #2 Lakewood FD #1 Millville Pleasantville

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The next announcement is scheduled for August 1, 2014.

ENTRY LEVEL FIREFIGHTER The next Firefighter announcement is currently in the planning stages; please monitor our website and this report for more information as it becomes available.

New Jersey Department of Military and Veterans Affairs Veterans Service Offices

VET TO VET COUNSELING HOTLINE

ASBURY PARK 07712 630 Bangs Avenue, Suite 320 732-775-7009 or 7005

NEWARK 07102 (VA Regional Office) 20 Washington Place 973-297-3230

ATLANTIC CITY 08401 1008 Absecon Boulevard 609-441-3060 or 3061

-PATERSON 07505 100 Hamilton Pla^a, 6th Fl 973-977-4050 or 4051 or 4556

BRICK OS724 970 Route 70 732-840-3033 or-3034

PORT MURRAY 07865 550 Route 57 908-689-5840 or 5845

DOVER 07801 479 West Clinton Street. 973-366-0245 or 8347

SOMERSET 08873 1060 Hamilton Street 732-937-6347 or 6348

HACKENSACK 07601 125 State Street, Suite 109 201-996-8050 or-8051

LAWRENCEVILLE - 08648 151 Eggert Crossing Road, Room 136 Lawrenceville, NJ 08648 609-671-6697 or 6696

JERSEY CITY 07306 678 Montgomery Street 201-536-3401 or 3402 or 3403

VINELAND 08360 524 Northwest Boulevard 856-405-4388 or 4389 or 4390

MT. HOLLY 08060

555 High Street, Suite 6A

609-518-2273 or 2274

WOODBURY 08096 658 North Evergreen Avenue 856-853-4184 or 4185 or 4186

NEWARK 07102

20 Washington Place, Room 431

973-297-3336

1-866-838-7654

PHILADELPHIA, PA 19144 5000 Wissahickon Avenue 215-381-3033

For information on your Veteran entitlements call toll-free 1-S88-8NJ-VETS or go online to: www.state.nj.us/military/veterans/index.html

Professional Firefighters Association of New Jersey International Association of Fire Fighters AFL-CIO-CLC

DOMTNICK MARINO President

Presentation by Dominick Marino, President PROFESSIONAL FIREFIGHTERS ASSOCIATION OF NEW JERSEY, IAFF, AFL-CIO

BEFORE THE SENATE ENVIRONMENT and ENERGY COMMITTEE

CONCERNING SENATE BILL 507/ ASSEMBLY BILL 266 Thursday December 5, 2013 On behalf of the Professional Firefighters Association of New Jersey, I would like to take this opportunity to extend my appreciation to the Chairman and Members of the Committee for the opportunity to offer our support for Senate Bill 507/Assembly Bill 266. The Professional Firefighters Association of New Jersey, AFL-CIO, is the chartered New Jersey state organization of the nearly 300,000 member International Association of Fire Fighters, representing approximately 4,000 active and retired career professional firefighters, Emergency Medical Technicians, Paramedics and related emergency service employees serving throughout the State of New Jersey. Senate Bill 507/Assembly Bii! 266 - Requires identifying emblems on certain structures to notify firefighters of solar panels and requires exterior disconnection for solar panels. As firefighters and Emergency medical workers, we go to work to protect and serve the citizens of New Jersey. We are not able to protect the emergency workers from all the inherent dangers of our profession but we are able to in some instances to minimize the danger. In our ever changing world there are always new ways our society finds to be more efficient. But in becoming more efficient or "modern" we create a hazard that affects the very people that are called when something is wrong. One such change is the use of solar panels to produce "electricity" for a home or business. Where these solar panels create a cheaper utility bill for a consumer, it creates a serious hazard to the first responders when they come in contact with them. When fire fighters respond to a fire or incident, one of the first things that takes place is the utilities (gas and electric) are shut off so that the responders entering do not have to worry about being injured by the hazard of live electric exposed wires or the gas adding to fuel the fire. The issue with solar panels is that they are not always visible from the street or during a fire because of the smoke. These solar panels do not shut off with the normal utilities unless it is marked as such. These solar panels also create another problem for firefighters because if they cover the entire roof of a building that is on fire, firefighters may not be able to ventilate the roof properly or quickly enough and we would have to adjust our tactics. Knowing beforehand that solar panels are there, the incident commander {the officer who directs the firefighter's attack of the fire or incident) can adjust their fire attack tactics quickly and more efficiently to ensure firefighter safety. The Professional Firefighters Association of New Jersey fully supports Senate Bill 507 and Assembly Bill 266 and we ask that you too support this bill. We thank you for your time and consideration. IAFF State Association Chartered 1929 24 W. Lafayette Street, Trenton, NJ 08608 * (O) 609-396-9766 * (F) 609-396-0891 * E-mail: [email protected]

Visit our Web Page atwivw.PFANJ.org

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Pleasantville budget crunch triggers five firefighter layoffs By ANJALEE KHEMLANI, Staff Writer Posted: Wednesday, November 13, 2013 9:09 pm PLEASANTVILLE - The city will lay off five firefighters and is planning to make several other changes hi anticipation of a nearly $1 million shortfall next year. The loss of Urban Enterprise Zone funding from the state will leave the city short of about $983,000 every year, based on the city's five-year projection, Administrator Linda Peyton said in a phone interview Wednesday. Gov. Chris Christie cut UEZ funding in July 20 1 1 as part of a three percent decrease to the state's budget. To make up for the anticipated shortfall, the city will reduce its work force and leave vacancies unfilled. Pej^ton said about 67 percent of the city's budget is salaries and benefits. The reduction in staff will include firefighters and workers within City Hall. There will also be a reorganization to move former Urban Enterprise Zone employees to other positions within the city. Supervisors and other middle management positions will be eliminated, and some staff will be demoted, officials said. The first round of cuts was approved Nov. 1, by the state Civil Service Commission, for notices to be sent to firefighters today, according to spokesman Peter Lyden. He said the commission approved the layoffs due to information provided by the city about loss of state funding. This leaves a total of 42 firefighters on staff in the city, and saves the city and taxpayers about $700,000, Peyton said. In addition, the city will be leaving vacant positions unfilled, which is expected to be a total of three by next year. "Of course we never want to see anyone lose their jobs," said City Council President Judy Ward. "This is one of the worst times to la}' anybody off." But the lack of state funding, in addition to the city's decision not to apply for a Staffing for Adequate Fire and Emergency Response, or SAFER Grant, has contributed to the shortfall in the budget. A SAFER Grant helps fund the hking of public safety employees, although after a certain time the burden is transferred to the city. "We knew we would not be able to sustain" an}' new employees, Ward said. So the city did not apply for the grant. Peyton explained that the firefighters are certified as emergency medical technicians, which the city will no longer need when it switches to outsourcing its ambulance sendees. http://www.pressofatlanticcity.corr^^

12/4/2013

Pleasantville budget cruncn tnggers live rirengmer layoirs - pressoi/manucuny.com: AH... rage z 01 z

The city is in discussion with Linwood to be added to its sendee agreement with Shore Medical Center, she said. Linwood sought bids for emergency medical services in 2012 and approved a contract with Shore Medical Center in August Northfield also approved a shared service agreement with Linwood, to use Shore, a week later. If Pleasantville is unable to join the shared service agreement, the city will put out a bid request for emergency medical services, Peyton said. "This avenue does not decrease or eliminate the current service to residents," Peyton said.

Peyton added that the city made the cuts in order to save taxpayers money and avoid having to increase taxes next year. The Police Department has not been affected by the cuts, but police Chief Jose Ruiz said the department is already understaffed. Ruiz said an ideal staffing level would be 55 employees, but the department has only 42. Contact Anj alee Khemlani: 609-272-7247 [email protected] @AnjKhem on Twitter

http://www.pressofatlanticciry.com/co

12/4/2013

Print Story : Union petitions EMS outsourcing alter NJ. liretighter layotts - FireRescuel.... Page 1 of 2

FireRescueo) News

11/16/2013

Union petitions EMS outsourcing after N J. firefighter layoffs It's a move public officials are increasingly willing to make/ but city fire officials warn it can be dangerous By Anjalee Kemlani The Press of Atlantic City PLEASANTVILLE, NJ. — Pleasantville officials say they will safely replace the loss of emergency medical services resulting from laying off five firefighters for budgetary reasons by outsourcing their EMS or signing a shared-service agreement.

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Budget cru.nch triggers 5 firefighter layoffs In NJ Related content sponsored by:

It's a move public officials are increasingly willing to make but city fire officials warn can be dangerous. As a result of the announcement of five layoffs Wednesday, the firefighters union is circulating a L petition in an attempt to reverse the city's decision.

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"You can't put a price on the safety of the residents," said union Vice President Julio Sanchez. "And our lives are in danger." But city officials say they are not concerned about a loss of EMT service. City Administrator Linda Peyton said residents will not notice the change. The city is following other towns' lead. Still, Sanchez cited a recent issue that he said serves as an example of why privatization or an outside service is a bad idea. He pointed to AtlantiCare Regional Medical Center Emergency Medical Service's admission that it falsified reports on response times to Northfield when it was in a shared-service agreement with the city and Linwood in 2010 and 2011. The cities switched to using Shore Medical Center in 2012. Pleasantville officials said the layoffs there will save the city $700,000 and help balance a $1 million budget shortfall, which is a result of cuts in state funding, mostly through the Urban Enterprise Zone. Gov. Chris Christie cut UEZ funding in July 2011 as part of a 3 percent decrease to the state's budget. City Council President Judy Ward said that it is a terrible time to see someone lose their job, but that the budget situation needs to be addressed. Ward's own son, Terence Ward, 34, was one of the five firefighters laid off. Terence Ward said that the department was already understaffed, having lost 10 firefighters in the last six years to retirement who have not been replaced. "Every year since we have been hired (in 2008), we have been threatened about layoffs," he said. But after managing to stay with the department for at least five years, a sense of stability was felt. "Maybe

http://w\vw.firerescuel.corn/print.asp?act=print&vid=l604558

12/9/2013

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there are concessions to be made to close the gap" instead of the layoffs, he said. "We are willing to help the city. We understand they are in a tough position." AtlantiCare Regional Medical Center Emergency Medical Services now has contracts with Egg Harbor City, Mullica, Hammonton and Folsom to provide basic emergency medical services, hospital spokeswoman Jennifer Tornetta said. Additionally, ARMC has a certificate of need from the state as the provider of paramedic services in Cape May and Atlantic counties. In Egg Harbor City, the contract saves the city $21,000 annually — money it no longer has to pay as a contribution to a volunteer squad, said Jodi Kahn, the city's chief financial officer. Mullica Township initially had a volunteer squad, but all the members retired in 2008. After that, the township entered a shared-service agreement with Hammonton, but eventually went out to bid in 2010, said township clerk Kim Johnson. In 2010, AtlantiCare Regional Medical Center proposed a bid that would cost taxpayers nothing -- a savings of $15,000 to the township, Johnson said. The way AtiantiCare operates is by billing the individual and insurance companies. "We have had no complaints," Johnson said about the quality of service. Jerry Barberio, business administrator in Hammonton, said the municipality had contracted with a private service prior to switching to AtlantiCare. "We are happy with the service and the response times are great, it's a great benefit to the town," Barberio said.Other municipalities have mixed service agreements. An example is the shared service between Cape May Court House, Cape May Point and West Cape May. The three municipalities have had an agreement for several years to use the ambulance service from Cape May Court House, according to city administrator Bruce MacLeod. The fire department is similar to Pleasantville — where the staff are trained as both firefighters and EMTs. The city provides a basic level of service to the three areas for an agreed shared cost, MacLeod said. However, in the event the customer has medical insurance, the amount paid by the insurance provider is credited back to the municipality. As a result, it is not entirely the burden of the taxpayers, MacLeod said. But the situation in Pleasantville is different. "There are some people who are economically challenged and may be improperly medicated," Sanchez said. "And the level of care is different." He said that Pleasantville is one of the few areas that deal with assault victims, stabbings and gunshot wounds on a more frequent basis. "There are times we get to the location of a scene and the cops may not be there or the area may not be secure," Terence Ward said. "But we know people in the area who can help us by telling us what is happening or with crowd control. We are not intimidated by the moment or situation of what's going on." Sanchez said the department understands the budget crunch, but the layoffs should be reversed. Terence Ward said that it was refreshing to see the support of residentsMcClatchy-Tribune Newsservice through the petition, and if any others are interested they should come to the council meeting on Nov. 18 to voice their concerns.

Back to previous page © Copyright 2013 - FireRescuel.com. All Rights Reserved.

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12/9/2013

STATE OF NEW JERSEY- DIVISION OF PENSIONS AND BENEFITS Police and Firemen's Retirement System (PFRS) INSTRUCTIONS FOR NOMINATING A CANDIDATE FOR THE PFRS ELECTION

George Borek is. seeking to become a candidate for an upcoming election to serve as your firefighting representative on the PFRS Board of Trustees. Nominations to support your choice for a candidate are now made electronically through a secure website. The process is very easy and it only takes a few minutes to support the candidate of your choice. You just need to have access to a computer and log on to https://vote.electionamerica.com/NJPensions and follow the simple directions. The only information you will need to provide is the last 4 digits of your social security number, the first 4 letters of your last name, and your year/month of birth. The list of those declaring their interest in being a candidate will then be available for your selection. In accordance with N.J.A.C. 17:4-1.4, in order to nominate a candidate for the Firefighting position on the PFRS Board, you must be an active Firefighting member of the PFRS. Please register your support for your candidate as soon as possible! Nominations must be b\ UQ later than 4-.QO p.m. Friday, January 10, 2014. We appreciate your assistance In supporting the electronic nominating process. By doing so you are helping to decrease administrative costs and preserve resources! PLEASE REGISTER YOUR NOMINATION FOR:

GEORGE BQREK

Detroit ruling opens door to pension cuts across me nation - iatunes.com

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latimes.com/nation/la-na~public-employee-pensions-20131208,0?3337836.story

latimes.com Detroit ruling opens door to pension cuts across the nation A bankruptcy judge's ruling that Detroit's pension funds — like its other creditors — can take a hit might lead other financially troubled cities down the same path, experts say. By Alana Semuels 10:31 PM PST, December 7, 2013 For 34 years, Gwendolyn Beasley worked as a clerk at the Detroit Public Library and paid a portion of her salary into a fund that would someday help pay for her pension.

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Now retired, Beasley, 67, receives $1,500 a month from that pension. But she's cutting back on spending after a judge ruled last week that Detroit's pension funds, like other city creditors, may have to take a hit as the city reorganizes its finances under bankruptcy. "I think it's so very unfair," Beasley said. "We retired expecting to get a certain amount of benefits. Now you've pulled the rug out from under us." It's not just Detroit retirees who are worried about their pensions. Financially troubled cities in California, Illinois and Pennsylvania will soon face decisions on what to do with chronically underfunded pension funds, and experts say the Detroit ruling has made it easier for cities to argue that pensions must be cut. "If I were a retired public-sector pensioner, I'd be worried today," said Olivia Mitchell, a professor at the Wharton School of Business and the director of the Pension Research Council. For decades, representatives of public-sector pensions have depended on constitutional provisions in various states, including Michigan and Illinois, that protected pensions. Now, U.S. Bankruptcy Judge Steven Rhodes' ruling has shown that federal bankruptcy laws preempt those state provisions. Any city that has underfunded pensions and troubled finances could soon look to bankruptcy as a way out of paying pensions, experts say., as long as their state allows them to file for Chapter 9 protection. "This is really the first time that there's been a clear decision by a judge that, yes, pension promises are on the cutting board too," Mitchell said. Few experts believe that pensions of current retirees will be cut significantly, and many cities probably will negotiate with unions on pension payouts rather than go through bankruptcy to avoid do ins so.

http://www.latinies.com/natiori/la-na-public-employee-perisions-20131208,Q,2367582,prin...

12/9/2013

uetroit ruling opens aoor TO pension cms across me nauon - ianmes.com

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But the timing of the Detroit ruling is especially worrying for some public employee unions because public employees have become big targets as struggling states and cities deal with the effects of the Great Recession. States have reduced employees' ability to collectively bargain. Rhodes' ruling, issued Tuesday, could have implications in California cities such as San Bernardino, which was deemed eligible for bankruptcy this year but is still battling with the California Public Employees' Retirement System over what it owes the pension fund and what it will pay into it in the future. The ruling may also give more bargaining power to the city of Vallejo, which emerged from bankruptcy protection two years ago but is again struggling with rising pension costs. Cities in upstate New York, including Syracuse, and towns in Pennsylvania, such as Scranton, could look at Rhodes' decision and be influenced to file for bankruptcy, said Robert Novy-Marx, a professor of finance with the Simon School of Business at the University of Rochester. "This ruling is just enormously important. It's a total sea change," he said. "The threat of bankruptcy now gives municipalities a little more power at the bargaining table." There are more than a dozen states where pensions are, in theory, protected by laws that bar municipalities from filing for bankruptcy. But even in those states, some pensioners are worried. Rick Reimer, who represents the Illinois Public Pension Funds Assn., says that although cities aren't allowed to file for Chapter 9 in Illinois, there is some concern that the Legislature will change this law. "The people of Illinois that I represent are worried that this might have some sort of domino effect" he said. Pensions for retirees are undergoing changes too: On the same day that Rhodes declared Detroit eligible for bankruptcy, the Illinois Legislature voted to cut back retirees' cost-of-living adjustments to slightly reduce pension costs. Oregon did the same thing earlier this year, and Rhode Island reduced benefits in 2011. Unions are fighting a perception that because private-sector employees don't have pensions, publicsector employees shouldn't either. They are also being unfairly blamed for financial mismanagement of their pension funds, said Sharon Levine, who represented the American Federation of State, Count}' and Municipal Employees in the Detroit case. "For example, in Detroit, it's been years and years of layering new debt on top of old debt," she said. "To somehow or other have part of the discussion to be that Detroit's plight is the fault of the retirees is devastating for those folks." In reality, Novy-Marx said, many pension funds face such shortfalls now because the accounting standards for public employee pensions are lax, which allowed governments to stop payments to pension funds whenever they had budget troubles. Rather than raising taxes or balancing budgets, governments borrowed from pension funds, he said. Now eyes will be on Detroit as it decides how to pay its pensioners and other bondholders while still providing essential city services. "We have yet to have a case that really governs how the court is supposed to divvy up what's available among creditors when there's not enough to go around," said Mark Kaufman, a bankruptcy attorney http://www.latimesxom/nation/la-na-public-employee-pensions-20131208!0;2367582,prrn...

12/9/2013

Detroit ruling opens aoor 10 pension cuts across me iiauuii - UUIUICS.CUIUL

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who was the lead counsel in restructuring Harrisburg, Pa., which altered its finances without filing for bankruptcy. "That's now about to unfold in Detroit." alana.semuels(a)latimes.co'm Copyright © 2013, Los Angeles Times

http://ww^^latimes.com/nation/la-na-public-employee-pensions-20131208,0,23675823prin...

12/9/2013

NCPERS Objects to Detroit Bankruptcy Ruling Following is the statement of Hank Kim, Esq., Executive Director and Counsel of the National Conference on Public Employee Retirement Systems (NCPERS), on today's court ruling allowing the city of Detroit to enter Chapter 9 bankruptcy: Washington, DC-"The National Conference on Public Employee Retirement Systems (NCPERS) respectfully but strenuously objects to U.S. Bankruptcy Judge Steven Rhodes's decision to allow the city of Detroit to enter Chapter 9 bankruptcy ~ and cut the pensions of Detroit's police, firefighters and city workers to resolve its financial dilemma. "We take strong exception to the notion that retirees can be lawfully affected. Their pensions are simply deferred wages for work performed over decades. The sanctity of Detroit's public pension plans — one for police and firefighters, another for other city workers - is guaranteed by Michigan state law. Both pension plans are well funded and can sustain most if not all of promised benefits with a relatively modest employer contribution. "Today's ruling is the beginning of a process - not the end. There are substantial.legal issues to be settled in the U.S. Court of Appeals for the 6th Circuit and, perhaps, the Supreme Court. "We do not believe that today's ruling is a harbinger of a wave of bankruptcies by cities. Detroit is an extreme example of municipal financial decline, having lost 75 percent of its citizen population and 80 percent of its tax-paying population. Those are the real root causes of Detroit's financial predicament, not greedy city employees or overly generous pension plans - despite the acerbic political hyperbole employed by Michigan Gov. Rick Snyder and his appointed Emergency Manager Kevin Orr. "Further, 27 states do not permit municipal bankruptcy. States cannot file for bankruptcy. And the vast majority of public pension plans are well funded, at a cost of less than three percent of the state or municipal budget. "To his credit, Judge Rhodes has emphasized that he won't accept "deep cuts" and won't necessarily agree to any pension cuts unless the city's final reorganization plan is fair and equitable. The city is expected to deliver an initial proposal to restructure its debt and reorganize its government operations by the end of the year. "What Detroit officials will propose, and how Judge Rhodes will deal with that proposal remain to be seen. But NCPERS will continue to advocate for public pension plans, which are a substantial driver of the U.S. economy. And NCPERS will continue to advocate for restoring defined benefit pension plans to the private sector, as the least costly and most effective means of ensuring retirement security for American workers." About NCPERS The National Conference on Public Employee Retirement Systems {NCPERS) is the largest trade association for public sector pension funds, representing more than 550 funds throughout the United States and Canada. It is a unique non-profit network of public trustees, administrators, public officials and investment professionals who collectively manage more than $3 trillion in pension assets. Founded in 1941, NCPERS is the principal trade association working to promote and protect pensions by focusing on advocacy, research and education for the benefit of public sector pension stakeholders.

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Horizon BCBS notifying 840,000 members after laptops stolen with personal data Newark skyline BloombergJPG Newark's skyline, as seen from neighboring Harrison. Horizon Blue Cross Blue Shield's headquarters are seen at the far left. (Bloomberg file photo) Ed Beeson/The Star-Ledger By Ed Beeson/The Star-Ledger Email the author

on December 06, 2013 at 3:40 PM, updated December 06, 2013 at 9:38 PM

Nearly 840,000 Horizon Blue Cross Blue Shield subscribers are being notified that their personal information may have been contained on a pair of laptops that were stolen from the insurer's Newark headquarters last month. The stolen laptops were password-protected, but had unencrypted data, Horizon said in a statement today. A subsequent investigation determined the computers may have contained files with personal information, including names, addresses, dates of birth and, in some instances, Social Security numbers and "limited clinical information," the insurer said. The theft occurred during the weekend of Nov. l and was reported to the Newark Police Department on Monday, Nov. 4, Horizon said. At the time they were stolen, the computers were cable-locked to employee workstations. According to a police report obtained by The Star-Ledger, the cable-locks apparently were "tampered with and damaged" in the incident, which took place on the eighth floor of 3 Penn Plaza. The laptops were MacBook Pros, the report said. Because of the way the computers were configured, it's not clear whether al! of the member information was accessible, said Horizon, New Jersey's largest health insurer, with more than 3 million subscribers. "After discovering the theft, we acted quickly to engage law enforcement and notify and protect all members who may have been affected," Tom Rubino, director of public affairs at Horizon, said in a statement. "Nothing leads us to believe that the computers were stolen for the information they contained or that any member information has been used inappropriately." Carl Herberger, vice president at Radware, a cybersecurity firm that has its U.S. headquarters in Mahwah, said it is hard to know "how many alarm bells we should ring" without knowing the motive for the theft.

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"Until we know the motive and we know the perpetrators, it's really conjecture," he said But he said it increasingly has become the case in which electronics are stolen not for the assets themselves, but for the data they contain, which can be monetized or used for other purposes. Herberger also said it is a "iittle unusual in today's environment" for sensitive data to not be encrypted. Horizon also has notified federal and state agencies, including the state Department of Banking and Insurance, the U.S. Department of Health and Human Services, and the state Division of Consumer Affairs, Rubino said. The subscribers whose Social Security numbers were affected are being offered free credit monitoring and identity theft protection services, Horizon said. The insurer also said it is strengthening its encryption processes and beefing up its policies, procedures and staff education. This isn't the first time Horizon has had to notify customers of a breach because of a stolen computer. In 2008, it alerted 300,000 people about a theft of a laptop in Newark that contained their personal information. At the time, the company said the laptop had been programmed to destroy the customer information soon after the theft occurred. In that incident, there was no indication of any misuse of the customer information. Related Stories • Health insurer says stolen laptop had customers' data

• Lawmakers want probe into theft of Blue Cross laptop

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Paterson police lose in court battle over health-care contributions November 27, 2013 at 3:41 PM Paterson police officers argued that their "base salary" should not include perks like pay for longevity or for working at night, but an appeals court disagreed today. TRENTON — A state appeals court today rejected a lawsuit by Paterson police officers tussling . with the city over their yearly health insurance contributions. Public workers were required to begin paying 1.5 percent of their "base salary" toward their health plans under one of the first laws Gov. Chris Christie signed in 2010, a move he expected would save local governments more than $300 million a year. The city of Paterson began deducting 1,5 percent of its police officers' total pay, including seniority pay and other perks. The local chapters of the Policemen's Benevolent Association then sued the city, arguing that the 1.5 percent contribution should only come out of their "contractual salary" — not their total pay. A trial court sided with the police officers, finding that the "clear and common meaning of the term 'base salary"' does not include "educational incentives, detective and night differentials, and longevity pay." But writing for a three-judge appellate panel, Superior Court Judge Marianne Espinosa reversed that rulingtoday. Although "base salary" is not defined under the 2010 law, Espinosa wrote, the law does say that the health-care contributions would be collected "through the withholding of the contribution from the pay, salary or other compensation." She wrote that other laws and guidelines make clear that perks are factored into the 1.5 percent health-care payment, and she noted that state legislators passed the law with the aim of saving money for local governments and shoring up the pension and health-benefits system. "The (law) here was part of a comprehensive legislative effort to control costs by making changes to public employees' pension benefits, health benefits programs, and other benefits," Espinosa wrote. Bill Dressel, executive director of the state League of Municipalities, called it "a sound decision and a good one for municipalities and property taxpayers, all around New Jersey." "Had the decision gone the other way, employee groups throughout the state would have demanded reduced obligations - shifting costs back to local budgets," he said in a statement today.