Feb. 16, 2021
Message from President Scherer:
The Annuity committee is continuing to work at resolving our annuity problem
that has been going on since 2015. We recently received a reply to our FOIA
request that didn’t provide us with any information we didn’t already know.
We shared this reply our our attorney and he will be studying that information
to help us determine our next step. The committee will be meeting before the
next RFA meeting to discuss this new information and a course of action.
Members should contact a committee member if they need to update their
Information in this regard.
Message from President Scherer:
The Annuity committee is continuing to work at resolving our annuity problem
that has been going on since 2015. We recently received a reply to our FOIA
request that didn’t provide us with any information we didn’t already know.
We shared this reply our our attorney and he will be studying that information
to help us determine our next step. The committee will be meeting before the
next RFA meeting to discuss this new information and a course of action.
Members should contact a committee member if they need to update their
Information in this regard.
Jan. 10, 2020
REPORT FROM THE ANNUITY COMMITTEE:
Recently the D.C. Circuit Court of Appeals rendered a decision regarding “reestablishment of annuity” as it applies to disability retirement. The decision addresses the issue of an employee retired on disability prior to the age of 50 and his/her earning capacity. Pursuant to this recent decision, disability retirees who exceed the 80 % earned income limitation and have their annuity “ceased,” will not be able to have it “reestablished” simply by showing that their earned income has dropped below the 80% limitation; they will also have to prove that they do not have “earning capacity,” which is not defined by the Office of DC Pensions or the Federal Courts.
Any member who is retired on disability and is earning income from outside employment should consult with the Office of DC Pensions prior exceeding the 80 % earning limitation.
You can also consult with the Annuity Committee
REPORT FROM THE ANNUITY COMMITTEE:
Recently the D.C. Circuit Court of Appeals rendered a decision regarding “reestablishment of annuity” as it applies to disability retirement. The decision addresses the issue of an employee retired on disability prior to the age of 50 and his/her earning capacity. Pursuant to this recent decision, disability retirees who exceed the 80 % earned income limitation and have their annuity “ceased,” will not be able to have it “reestablished” simply by showing that their earned income has dropped below the 80% limitation; they will also have to prove that they do not have “earning capacity,” which is not defined by the Office of DC Pensions or the Federal Courts.
Any member who is retired on disability and is earning income from outside employment should consult with the Office of DC Pensions prior exceeding the 80 % earning limitation.
You can also consult with the Annuity Committee
April 27, 2019
UPDATE FROM THE ANNUITY COMMITTEE
At the April 2019 a motion was passed to seek legal advice (interoperation) in regards to a recent case of a Metropolitan Police Officer who had his annuity reduced in March 2015. There were one hundred thirty-six firefighters (136) who had their annuities affected at the same time. Although this case was not exactly the same as Retired Firefighters Association (RFA) members it is our intention to seek information to determine if there is a possibility it could have an effect on RFA members.
A U.S. Magistrate hearing the Police Officers case recommended approval of Summary Judgement to restore his pension to the original amount, retroactively to the date it was reduced. The Magistrate’s recommendation is now before a Federal Judge for her final decision. The Office of DC Pensions (ODCP) has appealed the Magistrate’s decision to the judge, who will make her decision in the months ahead.
The RFA, along with the Association of Retired Police Officers (AORP), has retained as Attorney to review the cases of our members. The Attorney will review each case and decide if he believes each members individual circumstances are enough to warrant legal action seeking restoration of their pensions.
Upon completing his review of the cases, the Attorney will provide a legal opinion to the RFA with the findings and recommendations on how to proceed. The options include pursuing litigation as a class action, or actions, for groups of members with similar legal issues, or filing on an individual basis if cases are not sufficiently similar. If the Attorneys determination is that some members cases are sufficiently similar to be litigated as a group, but others are not similar, not all members may be recommended for legal action. This determination by the RFA can not be made until all cases have been reviewed.
Your notice, from U.S. Treasury, regarding their intent to reduce your annuity, must be on file with the RFA to be considered in this process. If you have not submitted the notice or are not sure of it being on file contact a member of the committee. It is requested that the information be provided no later than close of business May 20, 2019.
Committee Members:
YOU MUST HAVE BEEN A MEMBER OF THE RFA AT THE TIME OF YOUR NOTICE OF A PENSION REDUCTION TO QUALIFY FOR CONSIDERATION IN THIS ACTION.
UPDATE FROM THE ANNUITY COMMITTEE
At the April 2019 a motion was passed to seek legal advice (interoperation) in regards to a recent case of a Metropolitan Police Officer who had his annuity reduced in March 2015. There were one hundred thirty-six firefighters (136) who had their annuities affected at the same time. Although this case was not exactly the same as Retired Firefighters Association (RFA) members it is our intention to seek information to determine if there is a possibility it could have an effect on RFA members.
A U.S. Magistrate hearing the Police Officers case recommended approval of Summary Judgement to restore his pension to the original amount, retroactively to the date it was reduced. The Magistrate’s recommendation is now before a Federal Judge for her final decision. The Office of DC Pensions (ODCP) has appealed the Magistrate’s decision to the judge, who will make her decision in the months ahead.
The RFA, along with the Association of Retired Police Officers (AORP), has retained as Attorney to review the cases of our members. The Attorney will review each case and decide if he believes each members individual circumstances are enough to warrant legal action seeking restoration of their pensions.
Upon completing his review of the cases, the Attorney will provide a legal opinion to the RFA with the findings and recommendations on how to proceed. The options include pursuing litigation as a class action, or actions, for groups of members with similar legal issues, or filing on an individual basis if cases are not sufficiently similar. If the Attorneys determination is that some members cases are sufficiently similar to be litigated as a group, but others are not similar, not all members may be recommended for legal action. This determination by the RFA can not be made until all cases have been reviewed.
Your notice, from U.S. Treasury, regarding their intent to reduce your annuity, must be on file with the RFA to be considered in this process. If you have not submitted the notice or are not sure of it being on file contact a member of the committee. It is requested that the information be provided no later than close of business May 20, 2019.
Committee Members:
- William Embrey
- David Kauffman
- William Mould
- Joseph O’Neil
- Thomas Scherer
- Edward Smith
- Thomas Tippett
YOU MUST HAVE BEEN A MEMBER OF THE RFA AT THE TIME OF YOUR NOTICE OF A PENSION REDUCTION TO QUALIFY FOR CONSIDERATION IN THIS ACTION.
April 5, 2019
Below is the motion that was requested at the April meeting by Bill Mould and the committee working on our pension issues. The motion was made and passed unanimously.
“Allow the Annuity Committee up to $10000.00 to seek legal assistance in reviewing the most recent decision involving the US Treasury Department and a retired Police Officer. This decision was rendered on February 26, 2019 by a United States Magistrate Judge and is now under appeal by The Treasury Department. It is possible, not automatic, that this ruling, if upheld, could have an affect on Retired Firefighters who had their annuities reduced on March 1, 2015.”
Below is the motion that was requested at the April meeting by Bill Mould and the committee working on our pension issues. The motion was made and passed unanimously.
“Allow the Annuity Committee up to $10000.00 to seek legal assistance in reviewing the most recent decision involving the US Treasury Department and a retired Police Officer. This decision was rendered on February 26, 2019 by a United States Magistrate Judge and is now under appeal by The Treasury Department. It is possible, not automatic, that this ruling, if upheld, could have an affect on Retired Firefighters who had their annuities reduced on March 1, 2015.”
Aug. 22, 2018
REPORT FROM THE ANNUITY COMMITTEE:
AUGUST 14, 2018
The wheels of Justice continue to turn at a very slow pace. What else would you expect from the Government? Just recently we received information from a retired member, who paid taxes, in response to receiving a form 1099-C from the Government. The retiree paid the taxes prior to the Public Letter Ruling (PLR) that was issued after the Retired Firefighters and Police Officers pulled their resources seeking a ruling from the Treasury Department. The PLR was issued in August of 2017. After the ruling the retiree with the assistance of the Retired Firefighters Association and his tax consultant appealed to Treasury. The Treasury Department refunded his money with interest. Currently the committee is assisting several other members that are in the same situation. If you have received results on need assistance notify a committee member. There may be in the same situation. Your information maybe helpful to others. The committee continues to pursue the possibility of restoring the benefits as they were pre-March 1, 2015.
Attached is an article that appeared in the Wall Street Journal August 4 – 5, 2018.
This is one of many articles that have appeared in the press since January 2015 that highlight the problems with pensions.
The Retired Firefighters Association is committed to providing for and protecting the benefits of its members. Although the Committee has not been completely successful in its endeavors we believe that many members have been assisted and hopefully the line in the sand has been drawn. We will continue to seek justice.
Below is a link to an article from the Wall Street Journal about ATT overpaying some pensioners and now wants it back
www.wsj.com/articles/at-t-overpaid-some-pensioners-now-it-wants-the-money-back-1533306044?mod=searchresults&page=1&pos=2
REPORT FROM THE ANNUITY COMMITTEE:
AUGUST 14, 2018
The wheels of Justice continue to turn at a very slow pace. What else would you expect from the Government? Just recently we received information from a retired member, who paid taxes, in response to receiving a form 1099-C from the Government. The retiree paid the taxes prior to the Public Letter Ruling (PLR) that was issued after the Retired Firefighters and Police Officers pulled their resources seeking a ruling from the Treasury Department. The PLR was issued in August of 2017. After the ruling the retiree with the assistance of the Retired Firefighters Association and his tax consultant appealed to Treasury. The Treasury Department refunded his money with interest. Currently the committee is assisting several other members that are in the same situation. If you have received results on need assistance notify a committee member. There may be in the same situation. Your information maybe helpful to others. The committee continues to pursue the possibility of restoring the benefits as they were pre-March 1, 2015.
Attached is an article that appeared in the Wall Street Journal August 4 – 5, 2018.
This is one of many articles that have appeared in the press since January 2015 that highlight the problems with pensions.
The Retired Firefighters Association is committed to providing for and protecting the benefits of its members. Although the Committee has not been completely successful in its endeavors we believe that many members have been assisted and hopefully the line in the sand has been drawn. We will continue to seek justice.
Below is a link to an article from the Wall Street Journal about ATT overpaying some pensioners and now wants it back
www.wsj.com/articles/at-t-overpaid-some-pensioners-now-it-wants-the-money-back-1533306044?mod=searchresults&page=1&pos=2
Jan. 4, 2018
ANNUITY COMMITTEE REPORT – JANUARY 5, 2018
It has been almost three years since the U.S. Treasury Department notified approximately one hundred and thirty six (136) retired firefighters that their annuity was going to be changed because of calculation errors made by the District of Columbia Government. Most of those affected had been retired for more than twenty (20) years. Treasury Department indicated that, in some cases, they were going to insist that that the retiree repay the alleged overpayment. Additionally, the retirees were informed that they would be receiving a Internal Revenue Service (IRS) form 1099-C and that they should consult with a tax preparer to determine if they were obligated to pay taxes on the overpayment.
The Retired Firefighters Association (RFA) under the direction of President Joseph O’Neil and the assistance of Local 36 formed a committee to assist members in responding to the Treasury Department. Correspondence was directed to the Treasury Department and Politicians, appeals submitted to Treasury and an attorney was hired to request a Private Letter Ruling (PLR) regarding the 1099-C.
The Treasury Department responded using the phase “AGE OF ERROR” and agreed that no member would be required to make restitution for any alleged overpayment. In a letter dated July 31, 2017 the Private Letter Ruling was issued (attachment “ A”) to an individual for whom the ruling was requested. On August 18, 2017 the attorney handing the case issued “ INFORMATION REGARDING THE RULING AND MEMBERS’ TAX RETURNS” (attachment “B”). These documents have not previously been made available on the RFA web site although they have referenced and been available upon request.
The Private Letter Ruling was published by the Treasury Department on October 27, 2017.
Recently, within the last two weeks, an affected member received a notice from Treasury indicating that he was still being obligated by Treasury to pay Taxes on the alleged overpayment. The member submitted his 1099-C with his 2016 tax return but he did not have access to the PLR. Hopefully the above mentioned attachments will have a positive impact with his response.
Another member was kind enough to offer a copy of a letter his tax consultant submitted on his behalf. The committee believes this letter may be helpful to others and will make it available upon request.
If you or anyone you know receives any correspondence from the Government, regarding this issue, it would be helpful to the cause if you provide a copy to a committee member.
ANNUITY COMMITTEE REPORT – JANUARY 5, 2018
It has been almost three years since the U.S. Treasury Department notified approximately one hundred and thirty six (136) retired firefighters that their annuity was going to be changed because of calculation errors made by the District of Columbia Government. Most of those affected had been retired for more than twenty (20) years. Treasury Department indicated that, in some cases, they were going to insist that that the retiree repay the alleged overpayment. Additionally, the retirees were informed that they would be receiving a Internal Revenue Service (IRS) form 1099-C and that they should consult with a tax preparer to determine if they were obligated to pay taxes on the overpayment.
The Retired Firefighters Association (RFA) under the direction of President Joseph O’Neil and the assistance of Local 36 formed a committee to assist members in responding to the Treasury Department. Correspondence was directed to the Treasury Department and Politicians, appeals submitted to Treasury and an attorney was hired to request a Private Letter Ruling (PLR) regarding the 1099-C.
The Treasury Department responded using the phase “AGE OF ERROR” and agreed that no member would be required to make restitution for any alleged overpayment. In a letter dated July 31, 2017 the Private Letter Ruling was issued (attachment “ A”) to an individual for whom the ruling was requested. On August 18, 2017 the attorney handing the case issued “ INFORMATION REGARDING THE RULING AND MEMBERS’ TAX RETURNS” (attachment “B”). These documents have not previously been made available on the RFA web site although they have referenced and been available upon request.
The Private Letter Ruling was published by the Treasury Department on October 27, 2017.
Recently, within the last two weeks, an affected member received a notice from Treasury indicating that he was still being obligated by Treasury to pay Taxes on the alleged overpayment. The member submitted his 1099-C with his 2016 tax return but he did not have access to the PLR. Hopefully the above mentioned attachments will have a positive impact with his response.
Another member was kind enough to offer a copy of a letter his tax consultant submitted on his behalf. The committee believes this letter may be helpful to others and will make it available upon request.
If you or anyone you know receives any correspondence from the Government, regarding this issue, it would be helpful to the cause if you provide a copy to a committee member.
|
| ||||
Sept. 19, 2017
REPORT FROM THE ANNUITY COMMITTEE
Information will be provided at the October 2, 2017 Retired Firefighters Association meeting for those members that were affected by the Treasury Department ruling indicating that they owed monies (back taxes) and or their alleged overpayment of annuities was going to be forgiven but that they were going to be issued a 1099-C. The Internal Revenue Service has issued a ruling regarding this situation but it has not been published as of this date.
REPORT FROM THE ANNUITY COMMITTEE
Information will be provided at the October 2, 2017 Retired Firefighters Association meeting for those members that were affected by the Treasury Department ruling indicating that they owed monies (back taxes) and or their alleged overpayment of annuities was going to be forgiven but that they were going to be issued a 1099-C. The Internal Revenue Service has issued a ruling regarding this situation but it has not been published as of this date.
March 18, 2015
From Bill Mould:
Here is the letter addressed to Ms. Coloretti of the U.S. Treasury in reference to our pension adjustments.
You can use the link to the PDF file to download the letter and see it full size.
From Bill Mould:
Here is the letter addressed to Ms. Coloretti of the U.S. Treasury in reference to our pension adjustments.
You can use the link to the PDF file to download the letter and see it full size.
| letter_to_ms._coloretti.pdf |
REPORT FROM THE ANNUITY COMMITTEE:
November 17, 2015
The Committee has been notified by many of those retirees affected by the Department of Treasury’s audit that the Government is requesting additional time to respond to member’s appeals. In some cases the Government has requested thirty (30) days and others sixty (60).
As of this time the Committee is unsure of why the Government needs additional time. The political arm of the committee has been working the halls of Congress and they are hopeful that their work is having an effect. It is possible that legislation will be introduced within the next month that would resolve many of your issues.
It is important that you notify the Committee (any member) or the Union office of any correspondence that you receive from the Government. Adhere to all the time frames imposed by the Government. The Committee will assist you in responding to the Department of Treasury.
If/when legislation is introduced we will request that you contact your local Congressional
Representative for support.
DON’T GIVE UP – YOU WORKED HARD AND TOOK TO MANY CHANCES
HAPPY THANKSGIVING
November 17, 2015
The Committee has been notified by many of those retirees affected by the Department of Treasury’s audit that the Government is requesting additional time to respond to member’s appeals. In some cases the Government has requested thirty (30) days and others sixty (60).
As of this time the Committee is unsure of why the Government needs additional time. The political arm of the committee has been working the halls of Congress and they are hopeful that their work is having an effect. It is possible that legislation will be introduced within the next month that would resolve many of your issues.
It is important that you notify the Committee (any member) or the Union office of any correspondence that you receive from the Government. Adhere to all the time frames imposed by the Government. The Committee will assist you in responding to the Department of Treasury.
If/when legislation is introduced we will request that you contact your local Congressional
Representative for support.
DON’T GIVE UP – YOU WORKED HARD AND TOOK TO MANY CHANCES
HAPPY THANKSGIVING
Aug. 17, 2017
Report from the Annuity Committee:
In January of 2015 approximately one hundred and thirty-six (136) retired members of the Department received notices from the United States Treasury Department indicating that their pension benefits were being changed effective March 1, 2015. The Treasury Department indicated that the changes were a result of errors made by the District of Columbia Government at the time of the employee’s retirement. These errors involved computing annual leave, sick leave, military leave, cost-of-living adjustments (COLA), base pay vs. average pay at retirement and the 80% clause.
In most cases, not all, the Government indicated that the retirees were over payed and as a result would have to repay the Government. Additionally, the Treasury Department indicated that they were going to issue a 1099-C to the retiree
Because of the Government action President Joe O’Neil, Retired Firefighters Association, formed a committee (Annuity) to review/investigate and form a strategy on behalf of the membership.
The committee has been working for approximately 2 ½ years to provide some relief for the membership. It is extremely difficult and time consuming in trying to get answers from both the Federal and District Governments.
Because of the efforts of the Committee and retirees contacting their local politicians the Government has rescinded their demand for repayment for all members using the Age of Error Standard (AES). In some cases, involving sick leave, annual leave and correction of other alleged errors members have had their annuities recalculated. A few even received increases.
The Retired Firefighters Association formed a partnership with the retired Police Officers Association in seeking a legal opinion from the Internal Revenue Service (IRS) regarding the 1099-C for alleged overpayment. Just recently the Association received a notice that a favorable ruling was issued. The ruling was on behalf of a single individual and the Attorneys are working on providing a document to be used by all affected members. We are unaware of any members receiving a response from the IRS regarding attaching the issued 1099-C to their 2015/2016 tax returns. This effort was at a considerable cost to the Association.
Although the Committee has not been able to completely restore all members to their annuity prior to March 1, 2015 we have been able to have some limited success. Most importantly I believe the Government now realizes that the Retirees have an organization that will defend the benefits that were earned during their employment.
I would like to offer my appreciation to the members of the committee who have given their time to help with this endeavor.
The committee will continue to pursue this matter. If you have any questions you can contact a committee member via telephone or email.
Bill Mould
Committee Members:
William Embrey 703-960-2838
David Kauffman 410-798-5678
William E. Mould 240-417-0970
Joseph O’Neil 410-956-2687
Thomas Scherer 301-609-7923
Harry Subacz
Edward Smith – Local 36
Thomas Tippett 301-373-2494
Report from the Annuity Committee:
In January of 2015 approximately one hundred and thirty-six (136) retired members of the Department received notices from the United States Treasury Department indicating that their pension benefits were being changed effective March 1, 2015. The Treasury Department indicated that the changes were a result of errors made by the District of Columbia Government at the time of the employee’s retirement. These errors involved computing annual leave, sick leave, military leave, cost-of-living adjustments (COLA), base pay vs. average pay at retirement and the 80% clause.
In most cases, not all, the Government indicated that the retirees were over payed and as a result would have to repay the Government. Additionally, the Treasury Department indicated that they were going to issue a 1099-C to the retiree
Because of the Government action President Joe O’Neil, Retired Firefighters Association, formed a committee (Annuity) to review/investigate and form a strategy on behalf of the membership.
The committee has been working for approximately 2 ½ years to provide some relief for the membership. It is extremely difficult and time consuming in trying to get answers from both the Federal and District Governments.
Because of the efforts of the Committee and retirees contacting their local politicians the Government has rescinded their demand for repayment for all members using the Age of Error Standard (AES). In some cases, involving sick leave, annual leave and correction of other alleged errors members have had their annuities recalculated. A few even received increases.
The Retired Firefighters Association formed a partnership with the retired Police Officers Association in seeking a legal opinion from the Internal Revenue Service (IRS) regarding the 1099-C for alleged overpayment. Just recently the Association received a notice that a favorable ruling was issued. The ruling was on behalf of a single individual and the Attorneys are working on providing a document to be used by all affected members. We are unaware of any members receiving a response from the IRS regarding attaching the issued 1099-C to their 2015/2016 tax returns. This effort was at a considerable cost to the Association.
Although the Committee has not been able to completely restore all members to their annuity prior to March 1, 2015 we have been able to have some limited success. Most importantly I believe the Government now realizes that the Retirees have an organization that will defend the benefits that were earned during their employment.
I would like to offer my appreciation to the members of the committee who have given their time to help with this endeavor.
The committee will continue to pursue this matter. If you have any questions you can contact a committee member via telephone or email.
Bill Mould
Committee Members:
William Embrey 703-960-2838
David Kauffman 410-798-5678
William E. Mould 240-417-0970
Joseph O’Neil 410-956-2687
Thomas Scherer 301-609-7923
Harry Subacz
Edward Smith – Local 36
Thomas Tippett 301-373-2494
March 31, 2017
Update from the Annuity Committee:
AS OF THIS DATE THERE HAS BEEN NO RESPONSE FROM THE INTERNAL REVENUE SERVICE (IRS) IN RESPONSE TO THE REQUEST FROM THE ATTORNEY RETAINED BY THE RETIRED POLICE OFFICERS ASSOCIATION AND THE RETIRED FIREFIGHTERS ASSOCIATION (RFA) FOR AN OPINION ON THE 1099-C SENT TO SOME MEMBERS.
THE RFA HAS TWO (2) A DRAFT OPINIONS (ATTACHED) FROM THE ATTORNEY THAT ARE AVAILABLE TO OUR MEMBERS. THE FIRST WAS MADE AVAILABLE ON OR ABOUT FEBRUARY 1, 2017 AND THE ADVICE WAS TO ATTACH THE LETTER WITH THE 1099-C AND TO SEEK GUIDANCE FROM A TAX CONSULTANT. ON OR ABOUT MARCH 22, 2017 THE COMMITTEE SOUGHT AN UPDATE FROM THE ATTORNEY AND THAT INFORMATION IS ATTACHED. THE MOST RECENT LETTER PROVIDES SOME TIME FRAMES ON WHEN WE MAY EXPECT A DECISION. ADDITIONALLY, THE ATTORNEY SUGGEST THAT MEMBERS CONSIDER FILING FOR AN EXTENSION OR CONSIDER PAYING OR NOT PAYING THE ALLEGED REQUIRED TAXES.
WE HAVE HEARD FROM SEVERAL MEMBERS REGARDING ADVICE THAT THEY RECEIVED FROM THEIR TAX CONSULTANTS. THE ADVICE VARIES AND AT THIS POINT WE BELIEVE YOU SHOULD USE THE INFORMATION SUPPLIED IN THE ATTACHED LETTERS.
CONTACT A COMMITTEE MEMBER IF YOU NEED ANY ADDITIONAL INFORMATION
Update from the Annuity Committee:
AS OF THIS DATE THERE HAS BEEN NO RESPONSE FROM THE INTERNAL REVENUE SERVICE (IRS) IN RESPONSE TO THE REQUEST FROM THE ATTORNEY RETAINED BY THE RETIRED POLICE OFFICERS ASSOCIATION AND THE RETIRED FIREFIGHTERS ASSOCIATION (RFA) FOR AN OPINION ON THE 1099-C SENT TO SOME MEMBERS.
THE RFA HAS TWO (2) A DRAFT OPINIONS (ATTACHED) FROM THE ATTORNEY THAT ARE AVAILABLE TO OUR MEMBERS. THE FIRST WAS MADE AVAILABLE ON OR ABOUT FEBRUARY 1, 2017 AND THE ADVICE WAS TO ATTACH THE LETTER WITH THE 1099-C AND TO SEEK GUIDANCE FROM A TAX CONSULTANT. ON OR ABOUT MARCH 22, 2017 THE COMMITTEE SOUGHT AN UPDATE FROM THE ATTORNEY AND THAT INFORMATION IS ATTACHED. THE MOST RECENT LETTER PROVIDES SOME TIME FRAMES ON WHEN WE MAY EXPECT A DECISION. ADDITIONALLY, THE ATTORNEY SUGGEST THAT MEMBERS CONSIDER FILING FOR AN EXTENSION OR CONSIDER PAYING OR NOT PAYING THE ALLEGED REQUIRED TAXES.
WE HAVE HEARD FROM SEVERAL MEMBERS REGARDING ADVICE THAT THEY RECEIVED FROM THEIR TAX CONSULTANTS. THE ADVICE VARIES AND AT THIS POINT WE BELIEVE YOU SHOULD USE THE INFORMATION SUPPLIED IN THE ATTACHED LETTERS.
CONTACT A COMMITTEE MEMBER IF YOU NEED ANY ADDITIONAL INFORMATION
| annuity_committee_report_-_letter_of__decision_3-27-17.pdf |
| irs_response_2-1-17.pdf |
Dec. 21, 2016
Update from the Annuity Committee
It has been two years since the United States Treasury Department notified the Retired Firefighters Association (RFA) that they were performing a review of the Pension system. The Treasury Department stated that the results of the review would have an impact on approximately one hundred and thirty-six (136) retired firefighters. In most, not all of the cases, the effect would be a reduction in the monthly annuity of the retiree. The Government sent letters, dated January 23, 2015, to the affected retirees indicating that their annuity would change beginning March 1, 2015. Additionally, the Government stated that some retirees would be required to make restitution to the Government for alleged overpayments. The RFA along with Local 36 and the Firefighters International began a campaign to seek justice for its members, most of whom had been retired for more than twenty (20) years. As of December 1, 2016 we believe that the Government has notified all retirees from whom that they were seeking restitution that the Government is forgiving all of the alleged debt. This amounts to a saving of thousands of dollars to the members who thought that they were going to be saddled with the responsibility of restitution. The Committee was aware of other errors that the Government had made in their calculation while performing their review. One of the errors was the method used to calculate the value of unused sick leave as it applies to retirement percentage. The Government has recently notified some retirees that credit for their sick leave is being increased/ restored.
In pass updates, posted elsewhere, the committee has discussed the Internal Revenue Service (IRS) form 1099-C. The RFA, along with the Association of Retired Police Officers
(AORP), hired a Law Firm to seek an opinion from the IRS in regards to how to treat the 1099-C. As of today we have not received a response from the IRS. Some information/
Guidance for MEMBERS will be available for in 2017. The information will NOT be published. You must contact a committee member for information.
Correspondence, attached, was sent to the Treasury Department in early November, 2016 in an attempt get some clarification to address the remaining issues as they Relate to annuity reductions. There has been no response.
The Committee has had limited success in the past year and will continue to pursue justice from the Government on your behalf.
Enjoy the Holiday Season
Merry Christmas
See Document below
Update from the Annuity Committee
It has been two years since the United States Treasury Department notified the Retired Firefighters Association (RFA) that they were performing a review of the Pension system. The Treasury Department stated that the results of the review would have an impact on approximately one hundred and thirty-six (136) retired firefighters. In most, not all of the cases, the effect would be a reduction in the monthly annuity of the retiree. The Government sent letters, dated January 23, 2015, to the affected retirees indicating that their annuity would change beginning March 1, 2015. Additionally, the Government stated that some retirees would be required to make restitution to the Government for alleged overpayments. The RFA along with Local 36 and the Firefighters International began a campaign to seek justice for its members, most of whom had been retired for more than twenty (20) years. As of December 1, 2016 we believe that the Government has notified all retirees from whom that they were seeking restitution that the Government is forgiving all of the alleged debt. This amounts to a saving of thousands of dollars to the members who thought that they were going to be saddled with the responsibility of restitution. The Committee was aware of other errors that the Government had made in their calculation while performing their review. One of the errors was the method used to calculate the value of unused sick leave as it applies to retirement percentage. The Government has recently notified some retirees that credit for their sick leave is being increased/ restored.
In pass updates, posted elsewhere, the committee has discussed the Internal Revenue Service (IRS) form 1099-C. The RFA, along with the Association of Retired Police Officers
(AORP), hired a Law Firm to seek an opinion from the IRS in regards to how to treat the 1099-C. As of today we have not received a response from the IRS. Some information/
Guidance for MEMBERS will be available for in 2017. The information will NOT be published. You must contact a committee member for information.
Correspondence, attached, was sent to the Treasury Department in early November, 2016 in an attempt get some clarification to address the remaining issues as they Relate to annuity reductions. There has been no response.
The Committee has had limited success in the past year and will continue to pursue justice from the Government on your behalf.
Enjoy the Holiday Season
Merry Christmas
See Document below
| annuity_letter_10-31-16.docx |
NOVEMBER 8, 2016
REPORT FROM THE ANNUITY COMMITTEE
Yesterday, November 7, 2016 the committee received written notification from three (3) retired members indicating that they had been notified by the Department of the Treasury that their request for waiver of debt had been granted.
The Government states, “ After careful consideration, your request for waiver is granted, and the entire amount of your debt is waived. We find that you were not at fault with respect to this error and that it would be unconscionable for us to collect the overpayments. This decision is based on a review of the documents and information submitted by you, as well as other documents and information contained in the records of ODCP and the District of Columbia Retirement Board (DCRB).
Accordingly, you no longer owe a debt to the Federal Government as a result of the benefit overpayments described in your January 23, 2015 Notice of Benefit Adjustment Letter.”
Treasury further states that they will issue a Form 1099-C to all members that had their debt waived. The Retired Firefighters Association is in the process of seeking a legal opinion in regards to the 1099-C issue. In previous reports the committee has asked that any member needing assistance with this issue contact a member of the committee.
This latest response from the Government is a partial victory for the Retired Firefighters Association on your behalf. The committee is continuing to pursue some of the other issues regarding the audit, such as, sick leave miscalculations, Cost of living adjustments (COLA) as it applies to the look back payments etc.
The Committee is thankful for all of the assistance that members have provided over the last twenty-two (22) months. Without the assistance of Local 36, The International Association of Firefighters (IAFF) and your regional political representatives this partial victory would not have been possible.
It is requested that anyone receiving correspondence in regards to this issue contact a committee member and forward copies to the Union office.
REPORT FROM THE ANNUITY COMMITTEE
Yesterday, November 7, 2016 the committee received written notification from three (3) retired members indicating that they had been notified by the Department of the Treasury that their request for waiver of debt had been granted.
The Government states, “ After careful consideration, your request for waiver is granted, and the entire amount of your debt is waived. We find that you were not at fault with respect to this error and that it would be unconscionable for us to collect the overpayments. This decision is based on a review of the documents and information submitted by you, as well as other documents and information contained in the records of ODCP and the District of Columbia Retirement Board (DCRB).
Accordingly, you no longer owe a debt to the Federal Government as a result of the benefit overpayments described in your January 23, 2015 Notice of Benefit Adjustment Letter.”
Treasury further states that they will issue a Form 1099-C to all members that had their debt waived. The Retired Firefighters Association is in the process of seeking a legal opinion in regards to the 1099-C issue. In previous reports the committee has asked that any member needing assistance with this issue contact a member of the committee.
This latest response from the Government is a partial victory for the Retired Firefighters Association on your behalf. The committee is continuing to pursue some of the other issues regarding the audit, such as, sick leave miscalculations, Cost of living adjustments (COLA) as it applies to the look back payments etc.
The Committee is thankful for all of the assistance that members have provided over the last twenty-two (22) months. Without the assistance of Local 36, The International Association of Firefighters (IAFF) and your regional political representatives this partial victory would not have been possible.
It is requested that anyone receiving correspondence in regards to this issue contact a committee member and forward copies to the Union office.
Nov. 3, 2016
REPORT FROM THE ANNUITY COMMITTEE
The Annuity committee is unaware of any member who has received correspondence from the Treasury Department regarding the age-of-error standard. The U.S. Treasury Department sent correspondence dated September 15, 2016 (posted in previous committee reports) indicating that they would send letters to members effected by the Governments errors. Letters were to be sent during the months of October and November 2016. It has been forty-five (45) days since the letter from Treasury was sent.
It has been almost two (2) years since the Retired Firefighters Association (RFA) was notified that an audit was being performed and that some members were going to be adversely affected. The Association, with your help as individuals, has continuously fought the Government through the various means that the committee deemed appropriate, such as, political and International Union assistance and letter writing.
Members who have been effected will, most likely, begin to receive form 1099-C. If you receive this form (1099-C) and need assistance contact a member of the committee
Attached is the most recent piece of correspondence sent to the Treasury Department on your behalf. RFA is asking for meeting with Treasury in an attempt to resolve the remaining issues in a timely manner.
If you have received any correspondence within the last forty-five (45) days contact a committee member and/or forward a copy to the Union Office – electronically or US mail.
REPORT FROM THE ANNUITY COMMITTEE
The Annuity committee is unaware of any member who has received correspondence from the Treasury Department regarding the age-of-error standard. The U.S. Treasury Department sent correspondence dated September 15, 2016 (posted in previous committee reports) indicating that they would send letters to members effected by the Governments errors. Letters were to be sent during the months of October and November 2016. It has been forty-five (45) days since the letter from Treasury was sent.
It has been almost two (2) years since the Retired Firefighters Association (RFA) was notified that an audit was being performed and that some members were going to be adversely affected. The Association, with your help as individuals, has continuously fought the Government through the various means that the committee deemed appropriate, such as, political and International Union assistance and letter writing.
Members who have been effected will, most likely, begin to receive form 1099-C. If you receive this form (1099-C) and need assistance contact a member of the committee
Attached is the most recent piece of correspondence sent to the Treasury Department on your behalf. RFA is asking for meeting with Treasury in an attempt to resolve the remaining issues in a timely manner.
If you have received any correspondence within the last forty-five (45) days contact a committee member and/or forward a copy to the Union Office – electronically or US mail.
| treasury_letter_11-1-16__blair_.pdf |
Sept. 21, 2016
Message from the Annuity Committee:
For those members who have been in limbo for the past twenty (20) months concerning the possibility of having to make payments to the U.S. Treasury for alleged overpayments the attached letter from the Government appears to provide some relief.
Take note in the second paragraph it states “….will have a favorable effect on most annuitants”…
The committee is continuing to pursue all issues related to this attack on the pension system
Click on the link below for the PDF of the letter
Message from the Annuity Committee:
For those members who have been in limbo for the past twenty (20) months concerning the possibility of having to make payments to the U.S. Treasury for alleged overpayments the attached letter from the Government appears to provide some relief.
Take note in the second paragraph it states “….will have a favorable effect on most annuitants”…
The committee is continuing to pursue all issues related to this attack on the pension system
Click on the link below for the PDF of the letter
| letter_from_anita_k._blair.pdf |
Sept. 19, 2016
Message from the Annuity Committee:
Just recently we received information that the U.S. Department of the Treasury’s Office of the District of Columbia Pensions (Treasury) is going to halt its efforts to collect monies allegedly overpaid to Firefighters.
This information is being circulated amongst members of Congress. The International Association of Firefighters (IAFF – Local 36) or Retired Firefighters Association (RFA) has not been formally notified in writing of any change in position by the Treasury Department.
The information below was provided to one of our retired members who received the notice from his Congressman.
“After careful consideration. Treasury has adopted an age-of-error standard for past overpayments. Treasury estimates that application of the standard will have a favorable effect for most project annuitants who had past overpayments that were otherwise subject to collection. Reviews of individual cases are currently underway to apply the standard. Affected annuitants will be informed of the outcome of this review, with letters expected to be sent in October and November”…
Background Information:
In January of 2015 The Retired Firefighters Association (RFA) was notified that the U.S. Treasury Department was performing an audit on the Firefighters pension funds. In a letter dated January 23, 2015 approximately one hundred and sixty-three (163) retired Firefighters were notified that their monthly annuity was in error. The letter indicated that most, not all, would suffer reductions in their pensions beginning March 1, 2015. These reductions were allegedly a result of errors in Cost of Living Adjustments (COLA) as a result of the look back clause, sick leave miscalculations, basic pay vs. average pay at the time of retirement, military time, Maximum percentage etc.
The Treasury Department was requiring some members to reimburse the Government for alleged overpayment and for those for whom the debt was forgiven the Government was issuing a form 1099-C indicating that the potential for being taxed as income existed.
The IAFF (Local 36) and RFA took up the cause realizing that this was an attack on the system and who knows what would be next and who would be effected. There have been other attempts, such as, eliminating the annual COLA. Many of the members affected have been retired for over twenty (20) years and the errors were through no fault of theirs, there was no fraud just government errors.
The counter attack consisted of encouraging members to fight for their rights, contacting their elected representatives and allowing the IAFF and RFA to assist them in filing letters of reconsideration and appeals.
The Committee is of the opinion that the political pressure applied by elected officials, in particular, Steny Hoyer, played a huge role in helping to eliminate the need for repayment of any monies. Thank you to all of the members who contacted their representatives.
The Committee understands that there is still work to do. We have, in conjunction with the Association of Retired Police Officers -AORP, sought legal consul in regards to the government form 1099-C. We hope to have a response from the IRS prior to members having to file their 2016 tax returns. The COLA issue is still being discussed.
In summary: Although we do not having anything in writing it is encouraging to note that there appears to be some positive movement
This has been a costly process for the IAFF and the RFA, many – many man hours. We hope that all of our members, and those who do not belong, understand that it is essential to have representation to protect the rights and privileges that have been afforded to you as retirees of the District of Columbia Fire Department.
You can and should make sure that your dues to the IAFF – Local 36 and the RFA are current.
You may be the one the needs assistance in the future – We do not know where or when the next attack will be coming from
Thank you to all of the members that have assisted in what appears to be a partial victory – take the time to thank your elected officials.
Message from the Annuity Committee:
Just recently we received information that the U.S. Department of the Treasury’s Office of the District of Columbia Pensions (Treasury) is going to halt its efforts to collect monies allegedly overpaid to Firefighters.
This information is being circulated amongst members of Congress. The International Association of Firefighters (IAFF – Local 36) or Retired Firefighters Association (RFA) has not been formally notified in writing of any change in position by the Treasury Department.
The information below was provided to one of our retired members who received the notice from his Congressman.
“After careful consideration. Treasury has adopted an age-of-error standard for past overpayments. Treasury estimates that application of the standard will have a favorable effect for most project annuitants who had past overpayments that were otherwise subject to collection. Reviews of individual cases are currently underway to apply the standard. Affected annuitants will be informed of the outcome of this review, with letters expected to be sent in October and November”…
Background Information:
In January of 2015 The Retired Firefighters Association (RFA) was notified that the U.S. Treasury Department was performing an audit on the Firefighters pension funds. In a letter dated January 23, 2015 approximately one hundred and sixty-three (163) retired Firefighters were notified that their monthly annuity was in error. The letter indicated that most, not all, would suffer reductions in their pensions beginning March 1, 2015. These reductions were allegedly a result of errors in Cost of Living Adjustments (COLA) as a result of the look back clause, sick leave miscalculations, basic pay vs. average pay at the time of retirement, military time, Maximum percentage etc.
The Treasury Department was requiring some members to reimburse the Government for alleged overpayment and for those for whom the debt was forgiven the Government was issuing a form 1099-C indicating that the potential for being taxed as income existed.
The IAFF (Local 36) and RFA took up the cause realizing that this was an attack on the system and who knows what would be next and who would be effected. There have been other attempts, such as, eliminating the annual COLA. Many of the members affected have been retired for over twenty (20) years and the errors were through no fault of theirs, there was no fraud just government errors.
The counter attack consisted of encouraging members to fight for their rights, contacting their elected representatives and allowing the IAFF and RFA to assist them in filing letters of reconsideration and appeals.
The Committee is of the opinion that the political pressure applied by elected officials, in particular, Steny Hoyer, played a huge role in helping to eliminate the need for repayment of any monies. Thank you to all of the members who contacted their representatives.
The Committee understands that there is still work to do. We have, in conjunction with the Association of Retired Police Officers -AORP, sought legal consul in regards to the government form 1099-C. We hope to have a response from the IRS prior to members having to file their 2016 tax returns. The COLA issue is still being discussed.
In summary: Although we do not having anything in writing it is encouraging to note that there appears to be some positive movement
This has been a costly process for the IAFF and the RFA, many – many man hours. We hope that all of our members, and those who do not belong, understand that it is essential to have representation to protect the rights and privileges that have been afforded to you as retirees of the District of Columbia Fire Department.
You can and should make sure that your dues to the IAFF – Local 36 and the RFA are current.
You may be the one the needs assistance in the future – We do not know where or when the next attack will be coming from
Thank you to all of the members that have assisted in what appears to be a partial victory – take the time to thank your elected officials.
Aug. 23, 2016
Update from Annuity Committee:
REPORT FROM THE ANNUITY COMMITTEE:
In July a member received a Final Notice on Appeal. His appeal was denied. As were all other appeals by the membership. One of the issues in this members reduction in annuity was his sick leave conversion. Once again Treasury was using a forty-eight (48) hour work week – ninety-six (96) hour pay period in their calculation and the member was working a (44.8) hour work week – 89.6 hour pay period. This miscalculation has an adverse effect on a members total percentage of monthly compensation
In previous reports we have outlined the many issues that have affected the annuities of our members. The membership approved a motion to appropraite funds to seek counsel in regards to the Internal Revenue Service (IRS) form 1099-C. Some members received this form in regards to their 2015 taxes. It is anticipated that additional members will receive this notice in regards to their 2016 tax submission. The Retired Firefighters Association along with the Retired Police Officers hired an Annapolis Law firm to prepare a response for members, who have received a 1099-C from the Treasury Department. The Document, requesting a ruling regarding the 1099, has been submitted to the IRS. Copies of the request are available to our members. Hopefully, we will have a ruling from the IRS prior to members being required to submit their tax returns for the calendar year 2016.
Since the Association was notified, January 2015, that some of our members were going to have their monthly annuities reduced and some members were going to be required to reimburse The Treasury Department for alleged overpayment the Retired Firefighters Association (RFA) has assisted members with requests for reconsideration and appeals. As of this date we are unaware of any member that has received a favorable response regarding reconsideration or appeal. All members that have been notified that they will be required to reimburse the Government have appealed and are awaiting a decision. The Government is continuously asking for extensions on the time frames. In most cases they fail to meet their self imposed time frames.
Local 36 and the Retired Firefighters Association with the assistance of the International are continuing to lobby on the Hill in furthering our attempt for an equitable solution.
Update from Annuity Committee:
REPORT FROM THE ANNUITY COMMITTEE:
In July a member received a Final Notice on Appeal. His appeal was denied. As were all other appeals by the membership. One of the issues in this members reduction in annuity was his sick leave conversion. Once again Treasury was using a forty-eight (48) hour work week – ninety-six (96) hour pay period in their calculation and the member was working a (44.8) hour work week – 89.6 hour pay period. This miscalculation has an adverse effect on a members total percentage of monthly compensation
In previous reports we have outlined the many issues that have affected the annuities of our members. The membership approved a motion to appropraite funds to seek counsel in regards to the Internal Revenue Service (IRS) form 1099-C. Some members received this form in regards to their 2015 taxes. It is anticipated that additional members will receive this notice in regards to their 2016 tax submission. The Retired Firefighters Association along with the Retired Police Officers hired an Annapolis Law firm to prepare a response for members, who have received a 1099-C from the Treasury Department. The Document, requesting a ruling regarding the 1099, has been submitted to the IRS. Copies of the request are available to our members. Hopefully, we will have a ruling from the IRS prior to members being required to submit their tax returns for the calendar year 2016.
Since the Association was notified, January 2015, that some of our members were going to have their monthly annuities reduced and some members were going to be required to reimburse The Treasury Department for alleged overpayment the Retired Firefighters Association (RFA) has assisted members with requests for reconsideration and appeals. As of this date we are unaware of any member that has received a favorable response regarding reconsideration or appeal. All members that have been notified that they will be required to reimburse the Government have appealed and are awaiting a decision. The Government is continuously asking for extensions on the time frames. In most cases they fail to meet their self imposed time frames.
Local 36 and the Retired Firefighters Association with the assistance of the International are continuing to lobby on the Hill in furthering our attempt for an equitable solution.
June 14, 2016
Below is the latest update from the Annuity Committee
Below is the latest update from the Annuity Committee
| annuity_committee_update______6-13-16.pdf |
March 22, 2016
Update from the Annuity Committee:
You can download a PDF of the below update, and waiver statement form below
In January 2015 the Retired Firefighters Association (RFA) received notification from the Department of the Treasury, Office of District of Columbia Pensions (ODCP), that approximately one hundred and thirty-six members (136) of its members were receiving incorrect annuity payments. The RFA requested additional information from The Treasury Department, such as, the names of the individuals involved. The Treasury Department has denied any attempts from the RFA to become involved in a solution to this issue. The Annuity Committee has been able to identify approximately sixty-three (63) members who have been adversely affected by the actions of the District and Federal Governments.
Shortly after the RFA was notified of the issue its members began receiving letters, around the end of January 2015, the letters provided a description of the alleged errors and provided information to the retiree on how to apply for reconsideration of the reduction in their monthly annuity. Most, if not all, of the members involved have been retired for more than twenty (20) years. Of the affected members that applied for reconsideration the committee is unaware of any changes in the Governments original determination. The committee is aware of one (1) member whose initial Government demand was changed in the appeal process.
After a couple of months of receiving numerous notices from the Government asking for extensions of the time frames, so that they could complete their research, members have been receiving notices of denial of appeals, demands for recoupment and recommendations for submitting the Internal Revenue Service (IRS) form 1099-C.
Currently, the Annuity Committee is aware of twelve (12) members from whom the Government is seeking restitution. If you or someone you know is in this position we encourage you to file for a waiver of the debt amount. There are three (3) conditions that you must meet in order to be successful when applying for a waiver.
1. The overpayment must not be the result of fraud, misrepresentation or lack of good faith on your part
2. You are not at fault in causing the overpayment
3. At least one of the following applies to you:
A. you can demonstrate that the repayment of the overpayment would cause you a financial hardship
B. you can demonstrate detrimental reliance on your overpayment
c. You can show recovery would be unconscionable under the circumstances
The Committee believes that the Government would admit that ALL Fire Department retirees meet the first two conditions. In item 3b “detrimental reliance” the retiree relinquished his position and sought retirement based on Government errors. The employee could not return to his position after more than 20 years of retirement. In item 3c the Government uses the term “unconscionable” and then proceeds to use its interpretation of the word. It is difficult to understand how the Government does not believe that it is unconscionable, shocking and egregious to seek recoupment, from a public service employee, who in most instances served over twenty-five years in the Department are now in their senior years having been retired for more than twenty (20) years. It is against equity and good conscience to deny a full waiver.
The Treasury Department, hiding behind the cloak of regulations, is looking for a way out of issuing waivers.
Contact a committee member and they will customize a waiver response for you. A revised sample waiver request letter is provided on the RFA web site
Since our last update we have been informed of several members who received notices that ODCP had notified IRS on 1099-C of a debt forgiveness for 2015. In a letter, dated February 12, 2016, addressed to Ms. Nani A. Coloretti Assistant Secretary for Management U.S. Department of Treasury, the RFA requested information on the application of a 1099-C to this issue. The Government suggest that the retiree seek assistance from a “professional tax advisor”. The Government assumes that the retiree should continue to pay for their (the Governments) mistakes. The Government states …”this is only a tax reporting requirement; it does not necessarily mean you will be required to pay taxes on the discharged debt”. At the March 2016 RFA meeting a motion was passed to enable the Association to seek advice from a tax professional on this issue on behalf of the membership.
If anyone has received advice from a tax professional on this issue we would like to hear from you.
Update from the Annuity Committee:
You can download a PDF of the below update, and waiver statement form below
In January 2015 the Retired Firefighters Association (RFA) received notification from the Department of the Treasury, Office of District of Columbia Pensions (ODCP), that approximately one hundred and thirty-six members (136) of its members were receiving incorrect annuity payments. The RFA requested additional information from The Treasury Department, such as, the names of the individuals involved. The Treasury Department has denied any attempts from the RFA to become involved in a solution to this issue. The Annuity Committee has been able to identify approximately sixty-three (63) members who have been adversely affected by the actions of the District and Federal Governments.
Shortly after the RFA was notified of the issue its members began receiving letters, around the end of January 2015, the letters provided a description of the alleged errors and provided information to the retiree on how to apply for reconsideration of the reduction in their monthly annuity. Most, if not all, of the members involved have been retired for more than twenty (20) years. Of the affected members that applied for reconsideration the committee is unaware of any changes in the Governments original determination. The committee is aware of one (1) member whose initial Government demand was changed in the appeal process.
After a couple of months of receiving numerous notices from the Government asking for extensions of the time frames, so that they could complete their research, members have been receiving notices of denial of appeals, demands for recoupment and recommendations for submitting the Internal Revenue Service (IRS) form 1099-C.
Currently, the Annuity Committee is aware of twelve (12) members from whom the Government is seeking restitution. If you or someone you know is in this position we encourage you to file for a waiver of the debt amount. There are three (3) conditions that you must meet in order to be successful when applying for a waiver.
1. The overpayment must not be the result of fraud, misrepresentation or lack of good faith on your part
2. You are not at fault in causing the overpayment
3. At least one of the following applies to you:
A. you can demonstrate that the repayment of the overpayment would cause you a financial hardship
B. you can demonstrate detrimental reliance on your overpayment
c. You can show recovery would be unconscionable under the circumstances
The Committee believes that the Government would admit that ALL Fire Department retirees meet the first two conditions. In item 3b “detrimental reliance” the retiree relinquished his position and sought retirement based on Government errors. The employee could not return to his position after more than 20 years of retirement. In item 3c the Government uses the term “unconscionable” and then proceeds to use its interpretation of the word. It is difficult to understand how the Government does not believe that it is unconscionable, shocking and egregious to seek recoupment, from a public service employee, who in most instances served over twenty-five years in the Department are now in their senior years having been retired for more than twenty (20) years. It is against equity and good conscience to deny a full waiver.
The Treasury Department, hiding behind the cloak of regulations, is looking for a way out of issuing waivers.
Contact a committee member and they will customize a waiver response for you. A revised sample waiver request letter is provided on the RFA web site
Since our last update we have been informed of several members who received notices that ODCP had notified IRS on 1099-C of a debt forgiveness for 2015. In a letter, dated February 12, 2016, addressed to Ms. Nani A. Coloretti Assistant Secretary for Management U.S. Department of Treasury, the RFA requested information on the application of a 1099-C to this issue. The Government suggest that the retiree seek assistance from a “professional tax advisor”. The Government assumes that the retiree should continue to pay for their (the Governments) mistakes. The Government states …”this is only a tax reporting requirement; it does not necessarily mean you will be required to pay taxes on the discharged debt”. At the March 2016 RFA meeting a motion was passed to enable the Association to seek advice from a tax professional on this issue on behalf of the membership.
If anyone has received advice from a tax professional on this issue we would like to hear from you.
|
| ||||
MESSAGE FROM THE ANNUITY COMMITTEE - FEBRUARY 12, 2016
The committee received news yesterday, Thursday February 11, 2016 that several members in the appeal process have received correspondence (again) from the Department of Treasury indicating that they were not going to issue Form 1099 C for the calendar year 2015.
The correspondence below was written prior to yesterday. We encourage you to use the information in the letter when discussing the issue with your Congressmen.
Keep the Annuity Committee informed about any correspondence that you receive from the Government.
You can download the following document by clicking on the download file link below
The committee received news yesterday, Thursday February 11, 2016 that several members in the appeal process have received correspondence (again) from the Department of Treasury indicating that they were not going to issue Form 1099 C for the calendar year 2015.
The correspondence below was written prior to yesterday. We encourage you to use the information in the letter when discussing the issue with your Congressmen.
Keep the Annuity Committee informed about any correspondence that you receive from the Government.
You can download the following document by clicking on the download file link below
| treasury_letter_feb._12_2016.pdf |
Feb. 5, 2016
Update from the Annuity Committee:
FEBRUARY 5, 2016
REPORT FROM THE ANNUITY COMMITTEE
On Wednesday January 13, 2016 Tom Tippett and Ed Smith along with representatives of the Retired Police Association had a meeting with the Staff of the Oversight and Government Reform Committee. The meeting was an effort to discuss strategy in developing legislation regarding annuity issues. One of the hurdles will be the Congressional Budget Office (CBO). The CBO is a professional group of accountants, researchers and auditors who have a reputation for providing factual opinions without regard for political impact. They must “score” all legislation to determine what cost, if any, is associated with proposed legislation. We are arguing that the Congress took responsibility for our retirement system, “as is”, when they passed legislation in 1997. Therefore, any errors in the system that were not the result of fraud, were “scored” in the cost of the original bill. The bill will be drafted and submitted to the CBO for analysis and a decision. The Committee staff promises to move this with a sense of urgency.
Additionally, Congressman Hoyer’s office promises to push for “quick” action. Telephone calls to his office (Hoyer) and all other Congressmen and Senators in D.C., Maryland, Virginia, Pennsylvania area and others asking them to contact Congressman Jason Chaffetz’s office would be helpful. Congressman Chaffetz is the Chairman of the Committee on Oversight and Government Reform. This is the Committee which is responsible to review our Bill and report it out to the House of Representatives. Mr. Chaffetz has been supportive of our efforts. It would be helpful for him to hear from your representatives.
As indicated in the Annuity Committee’s last report many of our members involved with this issue continue to receive letters from the Department of the Treasury. Some members have received two letters.
“This letter is to notify you that ODCP is working diligently to process your request for appeal. However. The research required to make a determination has taken longer than expected, so additional time is needed.
Our goal is to provide you with our determination no more than 60 days from the date of this letter...”
To our knowledge the most recent letter was dated January 20, 2016. It is our belief, as well as yours, that the Government should have completed their research prior to sending out letters indicating that they were going to reduce annuities effective March 1, 2015.
Additionally, some members have been receiving the Government tax form 1099 C. We are not aware of any members who have been making payments as part of the Governments recoupment program as it pertains to the reduction in annuity nor do we believe that a member would owe taxes on monies that the Government is saying they are forgiving. You already paid taxes on that money.
If you are in doubt about your tax situation seek help from a CPA or attorney.
Contact a member of the committee if you receive any correspondence from the U.S. Treasury or if you have any questions
William Embrey
David Kauffman
Joseph O’Neil
William Mould
Thomas Scherer
Edward Smith
Harry Subacz
Thomas Tippett
Update from the Annuity Committee:
FEBRUARY 5, 2016
REPORT FROM THE ANNUITY COMMITTEE
On Wednesday January 13, 2016 Tom Tippett and Ed Smith along with representatives of the Retired Police Association had a meeting with the Staff of the Oversight and Government Reform Committee. The meeting was an effort to discuss strategy in developing legislation regarding annuity issues. One of the hurdles will be the Congressional Budget Office (CBO). The CBO is a professional group of accountants, researchers and auditors who have a reputation for providing factual opinions without regard for political impact. They must “score” all legislation to determine what cost, if any, is associated with proposed legislation. We are arguing that the Congress took responsibility for our retirement system, “as is”, when they passed legislation in 1997. Therefore, any errors in the system that were not the result of fraud, were “scored” in the cost of the original bill. The bill will be drafted and submitted to the CBO for analysis and a decision. The Committee staff promises to move this with a sense of urgency.
Additionally, Congressman Hoyer’s office promises to push for “quick” action. Telephone calls to his office (Hoyer) and all other Congressmen and Senators in D.C., Maryland, Virginia, Pennsylvania area and others asking them to contact Congressman Jason Chaffetz’s office would be helpful. Congressman Chaffetz is the Chairman of the Committee on Oversight and Government Reform. This is the Committee which is responsible to review our Bill and report it out to the House of Representatives. Mr. Chaffetz has been supportive of our efforts. It would be helpful for him to hear from your representatives.
As indicated in the Annuity Committee’s last report many of our members involved with this issue continue to receive letters from the Department of the Treasury. Some members have received two letters.
“This letter is to notify you that ODCP is working diligently to process your request for appeal. However. The research required to make a determination has taken longer than expected, so additional time is needed.
Our goal is to provide you with our determination no more than 60 days from the date of this letter...”
To our knowledge the most recent letter was dated January 20, 2016. It is our belief, as well as yours, that the Government should have completed their research prior to sending out letters indicating that they were going to reduce annuities effective March 1, 2015.
Additionally, some members have been receiving the Government tax form 1099 C. We are not aware of any members who have been making payments as part of the Governments recoupment program as it pertains to the reduction in annuity nor do we believe that a member would owe taxes on monies that the Government is saying they are forgiving. You already paid taxes on that money.
If you are in doubt about your tax situation seek help from a CPA or attorney.
Contact a member of the committee if you receive any correspondence from the U.S. Treasury or if you have any questions
William Embrey
David Kauffman
Joseph O’Neil
William Mould
Thomas Scherer
Edward Smith
Harry Subacz
Thomas Tippett
| annuity_committee_report_february_5_2016.pdf |
Sept. 1, 2015
UPDATE FROM THE ANNUITY COMMITTEE:
During the months of July and August 2015 the Annuity Committee was at work assisting members with their appeals to the U.S. Treasury. We believe there are still members who have not filed their appeals and should be near the expiration of the time frames. If you are one of those who need help with the process contact the Committee through the Union Office (202-635-8500).
The Committee is not aware of anyone who received a favorable response to a request for reconsideration. Additionally, we are unaware of anyone who has received a response from their appeal other than the fact that the appeal had been received at the Treasury Department.
Members of the Committee attended a meeting , at the request of a retiree, with the Pension Rights Center. The Pension Rights Center provides advice but not representation. Attached are four (4) pages of general information received from the Pension Rights Center. Take note on page 3 of the following paragraph:
"IN MARCH 2015, THE INTERNAL REVENUE SERVICE PUBLISHED A REVENUE PROCEDURE, WHICH STATES THAT, DEPENDING ON THE CIRCUMSTANCES, PENSION PLANS ARE NOT OBLIGATED TO RECOUP OVERPAYMENTS AND A PLAN CAN TAKE OTHER STEPS TO MAKE UP FOR AN OVERPAYMENT. THAT IS IMPORTANT, BECAUSE PLANS OFTEN CLAIM THAT THE IRS REQUIRES THEM TO RECOUP."
Treasury has been saying that they are required by law to recoup monies owed to some members because of alleged overpayment. Yet, in March 2015 the IRS publishes a document "Revenue Procedure" that states "depending on circumstances, pension plans are not obligated to recoup overpayments..." Not sure if the Federal Government follows their guidelines. If so if would appear that this maybe of some benefit to those retirees who the Treasury is trying to recoup monies. We believe there are at least fifteen (15) members who have been notified that they will be subjected to paying back monies.
Ed Smith, Tom Tippett and Kenny Cox along with members of the FOP attended a meeting with Steny Hoyer last week in regards to our Pension Issues.
If you need assistance contact any member of the committee or the Union Office. If you received any correspondence from the Treasury, regarding this matter, contact a committee member and forward copies of the information to the Union Office.
Kenny Cox
Bill Embrey
Dave Kauffman
Bill Mould
Joe O'Neil
Tom Scherer
Ed Smith\
Harry Subacz
Tom Tippett
UPDATE FROM THE ANNUITY COMMITTEE:
During the months of July and August 2015 the Annuity Committee was at work assisting members with their appeals to the U.S. Treasury. We believe there are still members who have not filed their appeals and should be near the expiration of the time frames. If you are one of those who need help with the process contact the Committee through the Union Office (202-635-8500).
The Committee is not aware of anyone who received a favorable response to a request for reconsideration. Additionally, we are unaware of anyone who has received a response from their appeal other than the fact that the appeal had been received at the Treasury Department.
Members of the Committee attended a meeting , at the request of a retiree, with the Pension Rights Center. The Pension Rights Center provides advice but not representation. Attached are four (4) pages of general information received from the Pension Rights Center. Take note on page 3 of the following paragraph:
"IN MARCH 2015, THE INTERNAL REVENUE SERVICE PUBLISHED A REVENUE PROCEDURE, WHICH STATES THAT, DEPENDING ON THE CIRCUMSTANCES, PENSION PLANS ARE NOT OBLIGATED TO RECOUP OVERPAYMENTS AND A PLAN CAN TAKE OTHER STEPS TO MAKE UP FOR AN OVERPAYMENT. THAT IS IMPORTANT, BECAUSE PLANS OFTEN CLAIM THAT THE IRS REQUIRES THEM TO RECOUP."
Treasury has been saying that they are required by law to recoup monies owed to some members because of alleged overpayment. Yet, in March 2015 the IRS publishes a document "Revenue Procedure" that states "depending on circumstances, pension plans are not obligated to recoup overpayments..." Not sure if the Federal Government follows their guidelines. If so if would appear that this maybe of some benefit to those retirees who the Treasury is trying to recoup monies. We believe there are at least fifteen (15) members who have been notified that they will be subjected to paying back monies.
Ed Smith, Tom Tippett and Kenny Cox along with members of the FOP attended a meeting with Steny Hoyer last week in regards to our Pension Issues.
If you need assistance contact any member of the committee or the Union Office. If you received any correspondence from the Treasury, regarding this matter, contact a committee member and forward copies of the information to the Union Office.
Kenny Cox
Bill Embrey
Dave Kauffman
Bill Mould
Joe O'Neil
Tom Scherer
Ed Smith\
Harry Subacz
Tom Tippett
| pension_rights_center_letter_9-1-15.pdf |
July 1, 2015
More info from the annuity committee:
More info from the annuity committee:
To download the above document click on the link below
| annuity_committee_7-1-15.pdf |
June 30, 2015
MESSAGE FROM THE ANNUITY COMMITTEE:
MOST OF THOSE, IF NOT ALL, RETIREES WHO HAVE BEEN ADVERSELY AFFECTED IN THEIR MONTHLY ANNUITIES HAVE RECEIVED A RESPONSE TO THE REQUEST FOR RECONSIDERATION. IT IS NOT KNOWN IF ANYONE WAS GRANTED RECONSIDERATION. ALL MEMBERS WHO ASKED FOR RECONSIDERATION HAVE BEEN GRANTED THE RIGHT OF APPEAL. THE RETIRED FIREFIGHTERS ASSOCIATION (RFA) ALONG WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AND LOCAL 36 SOUGHT LEGAL ASSISTANCE. WE BELIEVE THE NEXT STEP IS HAVE ALL OF THOSE ADVERSELY AFFECTED TO FILE AN APPEAL. ATTACHED IS A FORM APPEAL LETTER FOR YOUR USE.
THE COMMITTEE WILL OFFER ASSISTANCE TO ANYONE WHO NEEDS HELP IN FILING AN APPEAL. IN PERSON AT THE UNION OFFICE 2120 BLADENSBURG ROAD N.E. WASHINGTON, D.C. FROM 1000 HRS. UNTIL 1400 HRS. ON THE FOLLOWING DATES:
WEDNESDAY JULY 8, 2015
WEDNESDAY JULY 15, 2015
WEDNESDAY JULY 22, 2015
IF YOU ARE UNABLE TO VISIT THE UNION OFFICE YOU MAY CALL ON THE DATES ABOVE DURING THE TIME MENTIONED 202-635-8500
MAKE SURE YOU HAVE ALL OF THE PAPERWORK SENT BY THE US TREASURY. IF SICK LEAVE WAS AN ISSUE HAVE YOUR TOTAL HOURS ACCRUED AT THE TIME OF RETIREMENT.
THE COMMITTEE HAS BEEN INFORMED BY A RETIREE, WHO DID NOT FILE A REQUEST FOR RECONSIDERATION, THAT HE HAS RECEIVED AN OFFICIAL DEMAND LETTER FOR RESTITUTION. IF YOU RECEIVE A DEMAND LETTER FOR RESTITUTION CONTACT THE COMMITTEE IMMEDIATELY. A FORM STATEMENT TO BE USED FOR THIS ISSUE IS ATTACHED AND SHOULD BE PUT ON THE DEBTOR REQUEST BOX 3.
AT THIS POINT ANYTHING THAT YOU CAN DO MAY HELP. THE COMMITTEE HAS INCLUDED A RECENT ARTICLE FROM AARP (JUNE 2015). THE PENSION RIGHTS COMMITTEE CAN BE CONTACTED ON LINE - PENSIONRIGHTS.ORG OR TELEPHONE 202-296-3776 FILL OUT THE QUESTIONNAIRE ON LINE.
THE COMMITTEE IS STILL PURSUING THE POLITICAL AVENUE AND BELIEVE THAT THE BEST HOPE IS THROUGH SEN. STENY HOYER. IT WOULD BE HELPFUL TO CALL HIS OFFICE 202-225-4131, PARTICULARLY IF YOU LIVE IN HIS DISTRICT BUT CALL EVEN IF YOU DO NOT. TELL HIS STAFF THAT YOU ARE COUNTING ON HIM TO INTERVENE ON THE FIREFIGHTERS BEHALF IN THE PENSION ANNUITY ISSUE.
THE COMMITTEE BELIEVES, BASED ON INFORMATION SUPPLIED, THAT THE CUT-OFF DATE FOR APPEALS IS JULY 26, 2015. DO NOT MISS THIS DATE
MESSAGE FROM THE ANNUITY COMMITTEE:
MOST OF THOSE, IF NOT ALL, RETIREES WHO HAVE BEEN ADVERSELY AFFECTED IN THEIR MONTHLY ANNUITIES HAVE RECEIVED A RESPONSE TO THE REQUEST FOR RECONSIDERATION. IT IS NOT KNOWN IF ANYONE WAS GRANTED RECONSIDERATION. ALL MEMBERS WHO ASKED FOR RECONSIDERATION HAVE BEEN GRANTED THE RIGHT OF APPEAL. THE RETIRED FIREFIGHTERS ASSOCIATION (RFA) ALONG WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AND LOCAL 36 SOUGHT LEGAL ASSISTANCE. WE BELIEVE THE NEXT STEP IS HAVE ALL OF THOSE ADVERSELY AFFECTED TO FILE AN APPEAL. ATTACHED IS A FORM APPEAL LETTER FOR YOUR USE.
THE COMMITTEE WILL OFFER ASSISTANCE TO ANYONE WHO NEEDS HELP IN FILING AN APPEAL. IN PERSON AT THE UNION OFFICE 2120 BLADENSBURG ROAD N.E. WASHINGTON, D.C. FROM 1000 HRS. UNTIL 1400 HRS. ON THE FOLLOWING DATES:
WEDNESDAY JULY 8, 2015
WEDNESDAY JULY 15, 2015
WEDNESDAY JULY 22, 2015
IF YOU ARE UNABLE TO VISIT THE UNION OFFICE YOU MAY CALL ON THE DATES ABOVE DURING THE TIME MENTIONED 202-635-8500
MAKE SURE YOU HAVE ALL OF THE PAPERWORK SENT BY THE US TREASURY. IF SICK LEAVE WAS AN ISSUE HAVE YOUR TOTAL HOURS ACCRUED AT THE TIME OF RETIREMENT.
THE COMMITTEE HAS BEEN INFORMED BY A RETIREE, WHO DID NOT FILE A REQUEST FOR RECONSIDERATION, THAT HE HAS RECEIVED AN OFFICIAL DEMAND LETTER FOR RESTITUTION. IF YOU RECEIVE A DEMAND LETTER FOR RESTITUTION CONTACT THE COMMITTEE IMMEDIATELY. A FORM STATEMENT TO BE USED FOR THIS ISSUE IS ATTACHED AND SHOULD BE PUT ON THE DEBTOR REQUEST BOX 3.
AT THIS POINT ANYTHING THAT YOU CAN DO MAY HELP. THE COMMITTEE HAS INCLUDED A RECENT ARTICLE FROM AARP (JUNE 2015). THE PENSION RIGHTS COMMITTEE CAN BE CONTACTED ON LINE - PENSIONRIGHTS.ORG OR TELEPHONE 202-296-3776 FILL OUT THE QUESTIONNAIRE ON LINE.
THE COMMITTEE IS STILL PURSUING THE POLITICAL AVENUE AND BELIEVE THAT THE BEST HOPE IS THROUGH SEN. STENY HOYER. IT WOULD BE HELPFUL TO CALL HIS OFFICE 202-225-4131, PARTICULARLY IF YOU LIVE IN HIS DISTRICT BUT CALL EVEN IF YOU DO NOT. TELL HIS STAFF THAT YOU ARE COUNTING ON HIM TO INTERVENE ON THE FIREFIGHTERS BEHALF IN THE PENSION ANNUITY ISSUE.
THE COMMITTEE BELIEVES, BASED ON INFORMATION SUPPLIED, THAT THE CUT-OFF DATE FOR APPEALS IS JULY 26, 2015. DO NOT MISS THIS DATE
Click on the links below for sample appeal letters, and restitution
| retired_firefighter_appeal_letter_june_29_2015.pdf |
| retired_firefighters_restitution.pdf |
Click Below for an article from AARP regarding pensions
| aarp_pension_6_15.pdf |
June 8, 2015
A message from President O'Neil:
IRS SCAM
FYI: SEVERAL OF OUR MEMBERS INCLUDING MYSELF HAVE RECEIVED A CALL FROM SOMEONE CLAIMING TO REPRESENT THE IRS, ADVISING US THAT THEY WERE IN THE PROCESS OF FILING A LAWSUIT AGAINST US AND TO CALL A CERTAIN PHONE NUMBER IN ORDER TO GET HELP WITH THIS TAX PROBLEM. THIS HAS NOTHING TO DO WITH OUR CURRENT ANNUITY PROBLEMS AND IS SUSPECTED OF BEING A SCAM OF SOME SORT. THIS IS TO ADVISE YOU THAT AS A GENERAL RULE THE IRS DOES NOT CONTACT TAX PAYERS BY PHONE.
A message from President O'Neil:
IRS SCAM
FYI: SEVERAL OF OUR MEMBERS INCLUDING MYSELF HAVE RECEIVED A CALL FROM SOMEONE CLAIMING TO REPRESENT THE IRS, ADVISING US THAT THEY WERE IN THE PROCESS OF FILING A LAWSUIT AGAINST US AND TO CALL A CERTAIN PHONE NUMBER IN ORDER TO GET HELP WITH THIS TAX PROBLEM. THIS HAS NOTHING TO DO WITH OUR CURRENT ANNUITY PROBLEMS AND IS SUSPECTED OF BEING A SCAM OF SOME SORT. THIS IS TO ADVISE YOU THAT AS A GENERAL RULE THE IRS DOES NOT CONTACT TAX PAYERS BY PHONE.
May 27, 2015
Update from Bill Mould on Pension Issues:
The Annuity Committee continues to work on the issue of reductions in members monthly annuities that began on March 1, 2015. The Treasury Department sent letters, dated January 23, 2015, to some members indicating that errors had been made in calculations to determine annuities. These errors allegedly centered around the Cost of Living Adjustments (COLA) made between 1980 and 1997, 80 % rule (maximum amount allowed with the exception of accrued sick leave), basic salary vs. average salary during last twelve (12) months of service, accrued sick leave and military service in addition to mathematical errors.
The January 23, 2015 letter provided members the opportunity to ask for reconsideration. Some members have used the opportunity and others did not. If you were unsuccessful in the reconsideration process you then had the right to appeal. The Committee is aware of some members that are now in the appeal process. Additionally, the committee has information that a member who chose not to ask for reconsideration and thus was not afforded the opportunity to appeal has been informed that he has two options to repay his alleged overpayment - lump sum or monthly reductions in his annuity.
In a letter dated April 6, 2015 Ed Smith, President Local 36, and Joe O'Neil, President Retired Firefighters, wrote a letter to the Treasury Department requesting a meeting to discuss the issues regarding the annuity reduction. The Treasury Department responded in correspondence dated April 30, 2015 (attached). Your attention is directed to the footnote which indicates that Treasury is waiving any alleged overpayment regarding COLA's or Basic pay vs. Average pay. It further indicates that the Treasury Department has additional discretion on the other issues. The committee is aware that this does not help with the reduction of monthly annuities.
There is a continuing effort being made to address these issues through the Political arena. Kenny Cox, Ed Smith and Tom Tippett are working with some Congressional representatives in an effort to get the attention of the Treasury Department. You are encouraged to continue to contact local representatives about the issues.
Additionally, the committee is seeking Legal advice that can be provided to those who would appeal.
It is requested that those effected forward copies of all correspondence received from the Treasury Department to the offices of Local 36.
The letter from the Treasury Dept. is below. Click on PDF link to download the letter
Update from Bill Mould on Pension Issues:
The Annuity Committee continues to work on the issue of reductions in members monthly annuities that began on March 1, 2015. The Treasury Department sent letters, dated January 23, 2015, to some members indicating that errors had been made in calculations to determine annuities. These errors allegedly centered around the Cost of Living Adjustments (COLA) made between 1980 and 1997, 80 % rule (maximum amount allowed with the exception of accrued sick leave), basic salary vs. average salary during last twelve (12) months of service, accrued sick leave and military service in addition to mathematical errors.
The January 23, 2015 letter provided members the opportunity to ask for reconsideration. Some members have used the opportunity and others did not. If you were unsuccessful in the reconsideration process you then had the right to appeal. The Committee is aware of some members that are now in the appeal process. Additionally, the committee has information that a member who chose not to ask for reconsideration and thus was not afforded the opportunity to appeal has been informed that he has two options to repay his alleged overpayment - lump sum or monthly reductions in his annuity.
In a letter dated April 6, 2015 Ed Smith, President Local 36, and Joe O'Neil, President Retired Firefighters, wrote a letter to the Treasury Department requesting a meeting to discuss the issues regarding the annuity reduction. The Treasury Department responded in correspondence dated April 30, 2015 (attached). Your attention is directed to the footnote which indicates that Treasury is waiving any alleged overpayment regarding COLA's or Basic pay vs. Average pay. It further indicates that the Treasury Department has additional discretion on the other issues. The committee is aware that this does not help with the reduction of monthly annuities.
There is a continuing effort being made to address these issues through the Political arena. Kenny Cox, Ed Smith and Tom Tippett are working with some Congressional representatives in an effort to get the attention of the Treasury Department. You are encouraged to continue to contact local representatives about the issues.
Additionally, the committee is seeking Legal advice that can be provided to those who would appeal.
It is requested that those effected forward copies of all correspondence received from the Treasury Department to the offices of Local 36.
The letter from the Treasury Dept. is below. Click on PDF link to download the letter
| pension5.27.15.pdf |
April 13, 2015
From Bill Mould:
A second letter addressed to Ms. Coloretti of the U.S. Treasury in reference to our pension adjustments now posted below. It is signed by both Joe O'Neil President of the RFA and Edward Smith President of Local 36.
From Bill Mould:
A second letter addressed to Ms. Coloretti of the U.S. Treasury in reference to our pension adjustments now posted below. It is signed by both Joe O'Neil President of the RFA and Edward Smith President of Local 36.
| colorettiletterapril6_15.pdf |
March 18, 2015
Bill Kelly found an interesting article in the AARP Magazine about pensions being reviewed by the Federal Govt. We are not the only ones dealing with adjustments.
http://www.aarp.org/work/retirement-planning/info-2015/take-your-pension-away.1.html
Bill Kelly found an interesting article in the AARP Magazine about pensions being reviewed by the Federal Govt. We are not the only ones dealing with adjustments.
http://www.aarp.org/work/retirement-planning/info-2015/take-your-pension-away.1.html
March 3, 2015
From President O'Neil:
It has come to our attention that some of our members have received a cut in their monthly annuity but they did not receive the required 30 day prior notification from the "OFFICE OF D.C. PENSIONS". Please check your bank statements for the month of MARCH 2015 and If this has happened to you notify me at 1-410-956-2687, Joe O'Neil
Also on the March 2015 monthly bank statement at the bottom of the page it should have read (Members who were RETIRED after February 15,1980), not (members who were HIRED after February 15,1980).
From President O'Neil:
It has come to our attention that some of our members have received a cut in their monthly annuity but they did not receive the required 30 day prior notification from the "OFFICE OF D.C. PENSIONS". Please check your bank statements for the month of MARCH 2015 and If this has happened to you notify me at 1-410-956-2687, Joe O'Neil
Also on the March 2015 monthly bank statement at the bottom of the page it should have read (Members who were RETIRED after February 15,1980), not (members who were HIRED after February 15,1980).
Feb. 18, 2015
Update from Bill Mould:
The committee has received approximately thirty (30) responses as of today. This letter will go out to all of the approximately one hundred thirty-six (136) retirees affected within the next two days if we get the names from the retirement board
You can click on the link below to download the letter
Update from Bill Mould:
The committee has received approximately thirty (30) responses as of today. This letter will go out to all of the approximately one hundred thirty-six (136) retirees affected within the next two days if we get the names from the retirement board
You can click on the link below to download the letter
| pensionletter.pdf |
Feb. 12, 2015
Update from Bill Mould:
The committee met yesterday and is in the process of putting together a letter to all members. The letter will address what steps to take in the appeal process, and what is being done by all parties concerned. That includes L-36, RFA, MPD and Teachers. The letter will be sent out both via regular US Postal mail, and e-mail, along with a copy being posted here on this web site. In the mean time, start the appeal process, and notify your local federal representatives, your Congressman, and Senators. Please send copies of any paperwork to L-36.
Update from Bill Mould:
The committee met yesterday and is in the process of putting together a letter to all members. The letter will address what steps to take in the appeal process, and what is being done by all parties concerned. That includes L-36, RFA, MPD and Teachers. The letter will be sent out both via regular US Postal mail, and e-mail, along with a copy being posted here on this web site. In the mean time, start the appeal process, and notify your local federal representatives, your Congressman, and Senators. Please send copies of any paperwork to L-36.
| Claim letter form.pdf |
| Request for waiver form.pdf |
February 2, 2015:
From Bill Mould:
At today's, February 2, 2015, regular membership meeting which was well attended, a motion was approved to notify all members of the District of Columbia Retired Firefighters Association that many members, approximately one hundred twenty-five (135) have received notices from the Federal Government that mistakes have been made in their annuities. The Federal Government indicates that these mistakes consist of Cost of Living Adjustments (COLA), calculation mistakes, inclusion of retention as part of annual salary etc.
Any member that has received a notice is asked to forward a copy, as soon as possible, to
The Offices of Local 36
2120 Bladensburg Road N.E.
Washington D.C. 20018
Here is the fax number to the union office Fax # 202-526-2986 and if anyone wants to email use this address PK12779@aol.com
The notice from the Government offers members the opportunity for appeal. Each member is encouraged to call the number listed for contact and ask for additional information and appeal in a timely manner.
The Retired Firefighter has formed a committee to collect data and formulate a plan of action. This plan would include such things as assisting members with assistance in the appeal process as well as lobbying politicians etc,
Contact:
Thomas N. Tippett 301-373-2494
David Kauffman 410-507-1535
William E. Mould 240-417-0970
bmould@strombergmetals.com
A letter will be forthcoming in the mail addressing these issues and what steps are being taken to get this straightened out. Rest assured that L-36, The RFA and the Retirement Board are on top of this. They are working with MPD and the Teachers who have also been affected
From Bill Mould:
At today's, February 2, 2015, regular membership meeting which was well attended, a motion was approved to notify all members of the District of Columbia Retired Firefighters Association that many members, approximately one hundred twenty-five (135) have received notices from the Federal Government that mistakes have been made in their annuities. The Federal Government indicates that these mistakes consist of Cost of Living Adjustments (COLA), calculation mistakes, inclusion of retention as part of annual salary etc.
Any member that has received a notice is asked to forward a copy, as soon as possible, to
The Offices of Local 36
2120 Bladensburg Road N.E.
Washington D.C. 20018
Here is the fax number to the union office Fax # 202-526-2986 and if anyone wants to email use this address PK12779@aol.com
The notice from the Government offers members the opportunity for appeal. Each member is encouraged to call the number listed for contact and ask for additional information and appeal in a timely manner.
The Retired Firefighter has formed a committee to collect data and formulate a plan of action. This plan would include such things as assisting members with assistance in the appeal process as well as lobbying politicians etc,
Contact:
Thomas N. Tippett 301-373-2494
David Kauffman 410-507-1535
William E. Mould 240-417-0970
bmould@strombergmetals.com
A letter will be forthcoming in the mail addressing these issues and what steps are being taken to get this straightened out. Rest assured that L-36, The RFA and the Retirement Board are on top of this. They are working with MPD and the Teachers who have also been affected
Feb. 10, 2015
From Bill Mould:
The Retired Firefighters Association has been made aware that some of it's members have received notice from the Department of the Treasury Office of D.C. Pensions. These notices indicate that reductions in some retirees pension benefits will take place on March 1, 2015.
The Retired Firefighters Association along with Local 36 IAFF and the retired Police Association are working towards assisting it's members in appealing any attempt in reducing annuities. The Treasury is using several explanations for their actions i.e. miscalculations of the Cost of Living Adjustment (COLA), miscalculations of retirement date and other accounting errors, none of which is the fault/responsibility of the retiree.
Review the information in the attachments and determine which applies to your situation. File the appeal in a timely manner. Send REGISTERED MAIL - RETURN RECEIPT REQUESTED.
SEND A COPY OF YOUR PAPERWORK TO LOCAL 36: 2120 BLADENSBURG ROAD N.E. WASHINGTON, D.C. 20018
Download the forms below and include these with your other paperwork. There is a sample letter, and also a letter with blank fields that need to be filled in. Fill in the blank fields, and print out the finished version. Save the filled out version with a different file name.
determine which applies to your situation.
From Bill Mould:
The Retired Firefighters Association has been made aware that some of it's members have received notice from the Department of the Treasury Office of D.C. Pensions. These notices indicate that reductions in some retirees pension benefits will take place on March 1, 2015.
The Retired Firefighters Association along with Local 36 IAFF and the retired Police Association are working towards assisting it's members in appealing any attempt in reducing annuities. The Treasury is using several explanations for their actions i.e. miscalculations of the Cost of Living Adjustment (COLA), miscalculations of retirement date and other accounting errors, none of which is the fault/responsibility of the retiree.
Review the information in the attachments and determine which applies to your situation. File the appeal in a timely manner. Send REGISTERED MAIL - RETURN RECEIPT REQUESTED.
SEND A COPY OF YOUR PAPERWORK TO LOCAL 36: 2120 BLADENSBURG ROAD N.E. WASHINGTON, D.C. 20018
Download the forms below and include these with your other paperwork. There is a sample letter, and also a letter with blank fields that need to be filled in. Fill in the blank fields, and print out the finished version. Save the filled out version with a different file name.
determine which applies to your situation.
Jan. 28, 2015
From President O'Neil:
F.D.CLAIM OF OVERPAYMENT
It has come to my attention that a number (135) of our members are getting notification of adjustments in their retirement annuity . This memo is to assure you that the RFA plans to fight this action.
This will be done in several steps;
STEP 1, If you received such notification , we urge you to fill out all of the appeals as soon as received, and request all documentation as how the OFFICE OF DC PENSIONS (ODCP) arrived at their decision. Next we want you to contact your Congressional Representatives and ask for their assistance in overturning this unjustifiable and immoral action against faultless public servants.
STEP 2, We will join with Local 36 IAFF, and the AORP (ASSOCIATION OF RETIRED POLICE OFFICERS OF D.C. INC.) to seek a meeting with Congressional Representatives in an attempt to have Congress construct a "MEMO OF UNDERSTANDING" to be sent to the President and the U.S. Treasury to halt the reduction and recovery of overpayments.
STEP 3, If these measures fail, we will seek legal advice to prevent this injustice.
From President O'Neil:
F.D.CLAIM OF OVERPAYMENT
It has come to my attention that a number (135) of our members are getting notification of adjustments in their retirement annuity . This memo is to assure you that the RFA plans to fight this action.
This will be done in several steps;
STEP 1, If you received such notification , we urge you to fill out all of the appeals as soon as received, and request all documentation as how the OFFICE OF DC PENSIONS (ODCP) arrived at their decision. Next we want you to contact your Congressional Representatives and ask for their assistance in overturning this unjustifiable and immoral action against faultless public servants.
STEP 2, We will join with Local 36 IAFF, and the AORP (ASSOCIATION OF RETIRED POLICE OFFICERS OF D.C. INC.) to seek a meeting with Congressional Representatives in an attempt to have Congress construct a "MEMO OF UNDERSTANDING" to be sent to the President and the U.S. Treasury to halt the reduction and recovery of overpayments.
STEP 3, If these measures fail, we will seek legal advice to prevent this injustice.
The Retired Firefighter has formed a committee to collect data and formulate a plan of action. This plan would include such things as assisting members with assistance in the appeal process as well as lobbying politicians etc,
Contact:
Thomas N. Tippett 301-373-2494
David Kauffman 410-507-1535
William E. Mould 240-417-0970
bmould@strombergmetals.com
Contact:
Thomas N. Tippett 301-373-2494
David Kauffman 410-507-1535
William E. Mould 240-417-0970
bmould@strombergmetals.com