Flexible Spending Account Information

From: Warren Dent [mailto:jwdent1@gmail.com]
Sent: Saturday, October 04, 2008 8:16 AM
To: All Local Chairmen
Subject: Flexible Spending Account Information

Brothers,

You have all seen the messages from the GCA and ND offices about the upcoming annual enrollment for the Flexible Spending Account plan option. Those messages have emphasized the necessity of our increasing the number of active participants in order to protect and preserve this valuable option. We have to have a minimum 5% of the membership participating in the plan or it is lost after December 2009. Current enrollment is below the 5% threshold. I am of the opinion that the reason for this is that most of our membership is in the dark about what the plan is or how they can benefit from it. I must admit that, until recently, I counted myself in that group.

Depending on an individual’s medical circumstances and number of dependents, some Brothers/Sisters have more to gain than others, but the truth is that everyone can derive a benefit from this plan. The minimum contribution is $120 per year but you can earmark up to $3600 annually for medical expenses. The designated annual contribution amount is evenly deducted via payroll throughout the year. The monies contributed are not subject to Federal Income Tax. Therefore, a minimum $120 annual contribution from one in a 25%-33% tax bracket, would net the individual a $30-$40 tax savings on monies he/she was going to spend anyway. Deductibles and co-pays for Doctors, Dentists, Optometrists and Specialists qualify for reimbursement under the plan as do prescription medications and some common over the counter meds. For your info, I have attached some information about over the counter medications that qualify for reimbursement.
Click Here for UHC OTC info

Click Here for IRS OTC info

Click Here for more OTC info

In addition to the medical plan there is also another plan covering dependent care costs, with a maximum annual contribution limit of $5000. While this option might impact a smaller percentage of the membership, for those who qualify, it can be a vitally important benefit.

Understand that contributed monies that go unused over the 12 month period are lost, so I am encouraging those electing to avail themselves of this opportunity to be wise when determining their contribution amount. Even with that in mind, it is easy to see where virtually every member, even if enrolled for only the plan minimum of $120 per year, stands to gain from participation in this plan.

I understand that United Healthcare will be mailing the FSA registration packet to each member sometime next week and we will have about 30 days to respond. I urge each of you to consider whether the plan is right for you. Even if you chose not to participate, I’m asking each of you to spread the word to your membership about the plan and its’ benefits so that they understand what it is about and have an opportunity to make an educated decision concerning their participation. I would hate to see us lose this valuable opportunity and agreement right due to a participation shortfall that was based on lack of knowledge and/or understanding. I just ask that you give it some thought and encourage all those Brothers/Sisters that you influence, or come in contact with, to do the same.

You can view informational articles about the Flexible Spending Account plan on the ND website at www.ble-t.org. If you have any questions, feel free to contact me and I will do my best to get them answered.

Fraternally yours,

Warren Dent

FRA clamps down on use of electronic devices

CLEVELAND, October 3 — In the aftermath of the most deadly passenger rail accident in more than a decade, and just days after the National Transportation Safety Board reported that the engineer of one of the trains involved in the September 12 tragedy had sent and received dozens of text messages while on duty, the Federal Railroad Administration ("FRA") is issuing an Emergency Order that severely restricts the use of cell phones and other wireless communication and personal electronic devices by operating crews.

Emergency Order No. 26, which is scheduled to be published in the Federal Register on Tuesday, October 7, goes into effect on Monday, October 27, which is 20 days after publication. The Emergency Order governs operating employees’ use of mobile telephones (commonly called cell telephones or cell phones), other electronic devices or electrical devices, and other portable electronic devices (such as portable digital video disc (DVD) players, radio receivers, and audio players) capable of distracting a railroad operating employee from a safety-critical duty. It does not restrict use of the railroad radio or working wireless communications already subject to 49 CFR Part 220.

The uses of electronic devices that are restricted by the Emergency Order include:

·  the use of a mobile telephone or another electronic or electrical device to conduct an oral communication;

·  placing or receiving a telephone call;

·  sending or reading an electronic mail message or text message;

·  playing a game;

·  navigating the Internet;

·  playing, viewing, or listening to a video;

·  playing, viewing, or listening to a television broadcast;

·  playing or listening to a radio broadcast other than a radio broadcast by a railroad;

·  playing or listening to music;

·  executing a computational function; and

·  performing any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee from a safety-critical task.

All personal electronic devices — electronic devices not supplied by the railroad — must be turned off and any electronic earpieces must be removed while a train is moving; the only exception is that, when radio failure occurs, wireless communication devices may be used in accordance with railroad rules and instructions. Personal electronic devices also must be turned off with electronic earpieces removed when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train (e.g., during an air brake test). Operating employees may not use personal electronic devices for any purpose other than voice communications.

The use of a railroad-supplied electronic device by a locomotive engineer (including a remote-control locomotive operator) is prohibited while the train is moving or when duties (1) require an operating employee to ride rolling equipment during switching operations, or (2) require any railroad employees to be on the ground, including any situation where other employees of the railroad are assisting in preparation of the train. An operating employee other than a locomotive engineer may use a railroad-supplied mobile telephone or remote computing device in the cab of a locomotive for an authorized business purpose, after a safety briefing, provided that all assigned personnel on the crew agree that it is safe to do so.

A railroad operating employee may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. However, use of the device shall not excuse the individual using the device from the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad''''''''s operating rules and special instructions.

For freight train crewmembers, a railroad operating employee may not use a railroad-supplied electronic or electrical device for an approved business purpose while on duty outside the cab unless the following conditions are met: (1) the employee is not fouling a track; (2) no switching operation is underway; (3) no other safety duties are presently required; and (4) all members of the crew have been briefed that operations are suspended.

The Emergency Order does not restrict an operating employee from using the digital storage and display function of a railroad-supplied electronic device to refer to a railroad rule, special instruction, timetable or other directive. In addition, operating employees may use wireless communication devices as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing duties for the railroad.

In addition to being subject to discipline or dismissal for violating a railroad operating rule governing the use of electronic devices, willful violation of the Emergency Order could subject the violator to a substantial civil penalty. FRA also could move to disqualify a violator from performing safety-sensitive service temporarily or permanently.

BLET National President Ed Rodzwicz endorsed the Emergency Order on behalf of BLET members. "We applaud the NTSB for bringing this information forward promptly, and the FRA for acting quickly," Rodzwicz said. "Sadly, the use of electronic devices has literally become a life and death issue for all operating employees and compliance with the Emergency Order must be absolute," added Rodzwicz.

Click here to view or download FRA Emergency Order 26 in PDF format (30 pages):
http://www.ble-t.org/pr/pdf/FRAEmergencyOrder26.pdf

 

FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"

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From: Tolman, John [mailto:tolman@ble-t.org]
Sent: Sunday, September 21, 2008 9:56 AM
To: _NDOfficers; _Legislative Chairmen US GCA; _General Chairmen US GCA; _SpecialReps; _GIA; _ExecStaff
Subject: Spam:***, FW: Joe Biden in Ohio this week: "John McCain and the Bush Administration have declared a war on organized labor's house"

 

Brothers and Sisters

Now you know why he selected Senator Biden, our friend.

Frats

John

John P. Tolman

Vice President and National Legislative Representative

Brotherhood of Locomotive Engineers and Trainmen

http://my.barackobama.com/page/community/post/obamaroadblog/gGg4pG

Flexible Spending Account will provide real savings

CLEVELAND, September 16 — Registration for the money-saving Flexible Spending Account (FSA) begins next month, and BLET members are encouraged to take advantage of this valuable new health and welfare benefit. The program allows BLET members to pay for doctor co-pays and other medical expenses with pretax dollars.
A partial list of items that qualify for this type of payment includes: Doctor co-pays; Drug Co-pays; Dental Co-pays or other dental expenses not covered in our dental plan; Vision Co-pays or additional cost for eye care not covered under the national plan; and Over the counter medications, such as cold medicine, decongestant medicine, aspirin, Tylenol or their generic brands.
At the Union Pacific Railroad, Southern Region General Chairman Gil Gore is a staunch supporter of the program. He encourages all BLET members to sign up.
“I have a personal experience with the medical portion of the FSA,” Brother Gore said. “The program has helped tremendously with braces and other major dental work for my children not covered by our health insurance.”
Brother Gore gave braces and orthodontist work as an example. He said the FSA could really help BLET members who have children save money.
“If you have some major dental work scheduled (such as braces for your kids) up to $3,600 of that expense can be paid with pretax dollars,” he said. “If you are in a 25%–33 % tax bracket, that amounts to as much as a $1,200 reduction in the federal taxes that you pay.
“We planned ahead to have our children’s dental work done at the proper time to get maximum benefit from the plan,” he said.
In much the same way that a 401k program allows individuals to use pre-tax dollars to save for retirement, the Railroad Employees Flexible Benefits Program allows members to use pre-tax dollars to pay for certain medical expenses or dependent care expenses. The current 2008 plan allows members to save anywhere from $120 to $5,000 per year for dependent care expenses, or $120 to $3,600 per year for medical expenses. It is expected the dollar amounts will change under the upcoming 2009 plan year.
Just like 401k contributions are automatically deducted from your paycheck, membership contributions to the Flexible Spending Account are withheld from your paycheck. Your contributions to the plan are spread out over 12 monthly payments (in other words, if you elect the 2008 maximum of $3,600, then you would place $300 per month into your Flexible Spending Account). If you elected the 2008 minimum of $120, then you would have $10 per month deducted from your pay and placed into your Flexible Spending Account. You can receive payment from the account when you present a bill via a claim form. You must furnish receipts to be reimbursed for the expense.
“It also allows you to pay for all of your co-payments on doctor visits and for prescription medicine,” Brother Gore said.
Additionally, some over the counter medications can be paid for using the Flexible Spending Account. United HealthCare has provided a list of medications that it will reimburse under the Flexible Spending Account:
http://www.ble-t.org/pr/pdf/OTCMedFSA.pdf
The plan also has a “use it or lose it” provision. For example, if you sign up for $2,000 in flex spending deductions and only have expenses equal to $1,900, then you would only be able to collect $1,900 of the $2,000 you put into your account. But if you were in a 33% tax bracket, that would still net you $533 in savings for the year ($633 tax savings minus the $100 left in the account = $533 net savings).
“While I know the ‘use it or lose it’ function of the plan can be scary, you can easily meet the minimum deduction of $120 for the year just on over the counter medications, which would yield you a net savings of $40 for the year if you were in a 33% tax bracket,” Brother Gore said. “My wife and I have put the maximum in her flex spending account for the last eight years and been able to provide receipts to receive a total refund every year.
“Our over the counter medicine for our family in the year 2006 came to $217. If you are on maintenance medications this program can put real dollars into your pocket allowing you to pay your co-pays with pretax dollars.”
Side Letter 8 of the 2007 BLET National Agreement stipulates that the BLET must reach at least 5% participation by the year 2009 in order to retain this benefit. This is a big reason why the BLET is strongly encouraging its members to participate in the Flexible Spending Account program.
“This is a benefit that will put real dollars into your pockets and I encourage you all to enroll at an amount you are comfortable with to see how the plan works,” Gore said.
Enrollment opportunity for the Flexible Spending Account (FSA) should arrive in your mailbox soon from United HealthCare.
Tuesday, September 16, 2008
bentley@ble.org
http://www.ble.org/pr/news/newsflash.asp?id=4693
1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

 

Conference Call Following Hurricane IKE 3pm Daily Until Further Notice

Brothers and Sisters

We are going to conduct a daily 3pm conference call beginning on September 12, 2008 to discuss the status of the railroad and assess the damage to our membership.  Please contact your Local Chairman to secure the conference call dial in information so that you can participate in this resource provided by your General Committee.

Fraternally,

Gil Gore

2 Dead, 1 Hurt In Train Crash Near Medford

Brothers,

It is with a heavy heart that I bring news to you that one of our Engineers BLET Div 523 member Richard Pendarvis and UTU Conductor Larry Williams were killed in a crossing accident when their train colided with a propane truck.  Brother Pendarvis was 52 years old and orignally hired on with Union Pacific in 1999.  Brother Williams was 53 and hired on with Union Pacific in 2002.
Please keep the Pendarvis and Williams famlies in your thoughts and prayers.
Below is a link to some news coverage of the incident.
Fraternally,
Gil Gore

. http://www.koco.com/news/17334888/detail.html

DRUG TESTING FINAL RULE POSTPONED UNTIL NOVEMBER 1, 2008 - COMMENTS DUE BY SEPTEMBER 25, 2008

Brothers,

 

The attached was published in today’s Federal Register. In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) direct observation of follow up drug tests from August 25, 2008, to November 1, 2008.

 

To see an online version of this document Click HERE.

 

Fraternally,

Gil Gore

 

SUMMARY: In response to petitions from certain transportation industry and labor groups, the Department of Transportation is changing the effective date of 49 CFR 40.67(b) from August 25, 2008, to November 1, 2008. The Department is also requesting comments concerning the content of § 40.67(b) for 30 days. This section of the Department’s drug testing procedural rule requires employers to ensure that all follow-up and return-to-duty drug tests are directly observed.

DATES: The effective date of the revision of 49 CFR 40.67(b) published June 25, 2008 (73 FR 35970) is delayed from August 25, 2008, to November 1, 2008. Comments should be submitted by September 25, 2008.

See document for ways to deliver comments on this issue the DOT.

 

DOT delays mandatory direct observation regulation to November 1

http://www.ble.org/pr/news/newsflash.asp?id=4682

 

 

CLEVELAND, August 24 — The U.S. Department of Transportation is postponing

from August 25 to November 1 a new regulation that would subject employees

to mandatory direct observation during drug tests conducted when a

transportation worker returns to work after a positive drug test and

during follow-up drug tests.

 

The current DOT regulation, which will remain in effect for the time

being, requires direct observation of urine collection only after an

invalid test, and is discretionary during return-to-duty and follow-up

tests.

 

DOT has not delayed implementation of a related requirement that would

subject workers to a "strip search" in those situations when a direct

observation will be made. Section 40.67(i) states as follows:

 

"As the observer, you must request the employee to raise his or her shirt,

blouse, or dress/skirt, as appropriate, above the waist; and lower

clothing and underpants to show you, by turning around, that they do not

have a prosthetic device. After you have determined that the employee does

not have such a device, you may permit the employee to return clothing to

its proper position for observed urination."

 

It is expected that the postponement will be published in the August 25

Federal Register. Also, the DOT will open a 30-day public comment period,

during which time interested parties may comment on whether direct

observation should be mandatory in all return-to-duty and follow-up tests.

 

In mid-August, the BLET along with seven other rail unions and the BNSF

Railway, filed a lawsuit challenging both aspects of the new regulation on

the grounds that they violated the Fourth Amendment of the U.S.

Constitution, which protects citizens from unreasonable searches. The

joint petition for review was filed in the United States Court of Appeals

for the District of Columbia Circuit.

 

 

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This message was sent by the BLET NewsFlash Service.

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Unions challenge DOT’s “strip search” regulation

CLEVELAND, August 14 — The Brotherhood of Locomotive Engineers and
Trainmen, along with seven other rail unions and the BNSF Railway, has
filed a lawsuit challenging a new Department of Transportation (DOT)
regulation that would subject employees to a “strip search” during
mandatory drug tests.

The DOT regulation, which would become effective August 25, requires
railroads to directly observe urine collection in all federally-mandated
drug tests involving either a return-to-duty after a positive or invalid
test, or a follow-up test conducted after a positive or invalid test.
Prior to directly observing the specimen donation, the collector also
would be required to subject the worker to a “strip search,” because the
new regulation states as follows:

“As the observer, you must request the employee to raise his or her shirt,
blouse, or dress/skirt, as appropriate, above the waist; and lower
clothing and underpants to show you, by turning around, that they do not
have a prosthetic device. After you have determined that the employee does
not have such a device, you may permit the employee to return clothing to
its proper position for observed urination.”

The DOT’s “strip search” regulation is being challenged, in part, on the
basis that the mandatory strip searches and observations violate the
prohibition against unreasonable searches contained in the Fourth
Amendment to the United States Constitution. In addition, review is being
sought to determine whether DOT complied with the rule making process of
the Administrative Procedures Act.

BLET National President Ed Rodzwicz blasted the new regulation.

“Forcing a railroad worker to submit to an embarrassing and humiliating
strip search and observed collection without reasonable suspicion is an
outrage,” he said.

Other unions participating in the lawsuit include: the Brotherhood of
Maintenance of Way Employes Division; American Train Dispatchers
Association; Brotherhood of Railroad Signalmen; Transportation
Communications International Union; International Brotherhood of
Electrical Workers; National Conference of Firemen and Oilers; and United
Transportation Union.

In a statement, the BNSF Railway Executive Vice President Carl Ice said:
“There is absolutely no tolerance for alcohol or drug use in our
workplace. But we also believe that our employees are entitled to be
treated with dignity and respect at the workplace, and this new regulation
is an intrusion on employees.”

President Rodzwicz said that if this regulation had been in effect since
FRA began keeping these statistics, almost 21,000 unnecessary strip
searches and direct observations would have been required, “needlessly
humiliating over 99.97 percent of all those required to submit to
return-to-duty or follow-up testing.”

President Rodzwicz also said there is no reason to justify the DOT’s
overly harsh and humiliating regulation.

“There is no documentation whatsoever of adulteration or substitution of a
return-to-duty test in the railroad industry, and not one of the nearly
11,000 return-to-duty and follow-up tests conducted in 2006 and 2007 were
invalidated because of adulteration or substitution,” President Rodzwicz
said.

The joint petition for review was filed on August 13 in the United States
Court of Appeals for the District of Columbia Circuit. The Court of
Appeals is expected to issue a schedule for conducting its review shortly.

Flexible Spending Account enrollment begins in October

CLEVELAND, July 17 — Registration for the money-saving Flexible Spending Account (FSA) begins in just over two months, and members are encouraged to take advantage of this valuable new health and welfare benefit.
The benefit has been in place on the Burlington Northern-Santa Fe property for some time, so BLET National Vice President Dennis Pierce is familiar with the FSA program.
“With three children at home, two wearing glasses and two wearing braces, I dedicate money to my FSA every year and have never left any money in the account,” Pierce said.
The benefit is new to BLET members working under the National agreement.
“What many members should know is that the Flexible Spending Account allows engineers to use pretax dollars to pay for covered medical expenses and covered childcare expenses that they would otherwise pay for with after tax dollars,” Vice President Pierce said. “The end result is that all money dedicated to the FSA is treated like any other income tax deduction or 401k contribution; it lowers the engineer’s taxable income at the end of the year. For every dollar put in the FSA, most engineers will save at least 25 to 30 percent of those dollars in tax liability that can then be spent on covered expenses.
“Covered medical expenses include prescription co-pays, Doctor visit co-pays and deductibles, costs for braces, glasses and contact lenses not covered by insurance, as well as many every day ‘over the counter medications’ like Tylenol and Maalox,” Pierce said.
BLET National President Ed Rodzwicz stressed the importance of membership participation in the Flexible Spending Account during his welcoming address at the Eastern Union Meeting Association convention on July 7.
“It uses pre-tax dollars and members will realize significant savings,” President Rodzwicz said. “It works for you and it saves you money. Please take advantage of this plan — it’s a great benefit for our members.”
However, the benefit will be lost unless membership participation increases. Side Letter #8 of the 2007 National Contract specifies that at least 5 percent of eligible BLET members must participate in the plan or it will be terminated as of December 31, 2009. Current participation levels are below the 5 percent threshold, and the BLET is encouraging all members to sign up once open enrollment begins.
Open enrollment begins each year in October for the following year and a form is available to calculate each member’s predicted medical expenses for that year.
Members will be able to choose to participate in one of two programs:
• The first program, Health Flexible Spending Arrangement (Health FSA), allows members to use tax-free dollars to pay for health care benefits such as the following: doctor co-pays; drug co-pays; dental co-pays or other dental expenses not covered in our dental plan; vision co-pays or additional eye care not covered under the national plan; and over-the-counter medications (cold medicine, decongestant medicine, aspirin, Tylenol or their generic equivalent, etc…). The 2008 program offers savings of $120 to $3,600 per year, but the savings are subject to change in the upcoming benefit year.
• The second program, Dependent Care Assistance Program (DCAP), allows members to use pre-tax dollars for certain dependent care expenses, such as out-of-pocket dependent care expenses for childcare or care for physically or mentally handicapped dependants. The 2008 program offers savings of $120 to $5,000 per year, but the savings are subject to change in the upcoming benefit year.
More details will be provided when open enrollment begins. BLET members are encouraged to monitor the BLET website and newsletter for details regarding this money-saving plan.

Thursday, July 17, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4664

© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

FW: [BLET SR GCA E-mail Blogg] Modified Peer Trainer Agreement - New Rate Effecti...

New Peer Trainer Rate in effect on BLET UP Southern Region GCA Effective June 1, 2008 $250.00 per day for classroom training.
Effective July 1, 2008 the classroom rate goes to $282.73 per day
All other aspects of the agreement remain in tact as far as rates of pay and days of compensation.  The 115% or classroom rate for field peer trainers remains intact.
Click HERE to view the agreement in PDF

Benefit rate increase for railroad unemployment and sickness benefits

(The U.S. Railroad Retirement Board issued the following on June 2.)

CHICAGO — The maximum daily benefit rate payable for claims under the Railroad Unemployment Insurance Act increases to $61 from $59 in the new benefit year, which begins July 1, 2008. Benefits are normally paid for the number of days of unemployment or sickness over four in 14-day registration periods, so maximum benefits for biweekly claims will total $610.

During the first 14-day claim period in a benefit year, benefits are payable for each day of unemployment or sickness in excess of seven, rather than four, which, in effect, provides a one-week waiting period. Initial sickness claims must also begin with four consecutive days of sickness. However, only one waiting period is required during any period of continuing unemployment or sickness, even if that period continues into a subsequent benefit year. Claimants already on the rolls will, therefore, normally not be required to serve another waiting period because of the onset of the new benefit year.

To qualify for normal railroad unemployment or sickness benefits in the benefit year beginning July 1, 2008, an employee must have had railroad earnings of at least $3,075 in calendar year 2007, not counting more than $1,230 for any month. Those who were first employed in the rail industry in 2007 must also have at least five months of creditable railroad service in 2007.

Under certain conditions, employees with 10 or more years of service who do not qualify in the new benefit year on the basis of their 2007 earnings may still be able to receive benefits after June 30, 2008. Ten-year employees who received normal benefits in the benefit year ending June 30, 2008, might still be eligible for extended benefits, and ten-year employees may be eligible for accelerated benefits if they have rail earnings of at least $3,200 in 2008, not counting earnings of more than $1,280 a month.

Application forms for unemployment and sickness benefits may be obtained from railroad employers, railroad labor organizations, any Railroad Retirement Board (RRB) office, or the agency’s Web site at www.rrb.gov. Also, as an alternative to applying for unemployment benefits through the mail, unemployment claimants can instead file applications online. Likewise, subsequent biweekly claims for unemployment benefits may be filed online rather than through the mail and employees can also access information about their individual railroad unemployment insurance account statements online. These account statements provide a summary of the unemployment and sickness benefits paid under the Railroad Unemployment Insurance Act to rail employees.

To access these online services, employees must first establish an RRB Internet Services account. For security purposes, first time users must apply for a Password Request Code, which they will receive by mail in about 10 business days. To do this, employees should click on “Benefit Online Services” and select “request a PRC.” Once employees establish their online accounts, they will be able to file their applications and biweekly claims for unemployment benefits as well as conduct other business with the RRB over the Internet. Employees are encouraged to initiate an online account while still employed so the account is established if they ever need to use these or other select RRB Internet services. Employees who have already established online accounts do not need to do so again. Although claimants cannot currently file applications or biweekly claims for railroad sickness benefits over the Internet, the RRB is planning to add the online filing of sickness claims in the future.

Claimants with questions about unemployment or sickness benefits should contact the nearest RRB office. Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

Claimants can find the address and phone number of the RRB office serving their area, and also get information about their claims and benefit payments, by calling the toll-free RRB Help Line at 1-800-808-0772. The RRB Help Line is an automated telephone service available 24 hours a day, 7 days a week. Field office locations can also be found by visiting www.rrb.gov.

Wednesday, June 04, 2008
bentley@ble.org

http://www.ble.org/pr/news/headline.asp?id=22402

© 1997-2008 Brotherhood of Locomotive Engineers and Trainmen
http://www.ble.org

 

FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Wednesday, June 18, 2008 3:07 PM
To: All Local Chairmen BLET UP Southern Region

Subject: FW: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

Brothers,

For your information I have attached some information received from our VP Lee Pruitt on benefits for active military personnel.  Click HERE to view this information in PDF.

If you have any questions, please feel free to contact me.

Fraternally,

Gil Gore 

From: Lee Pruitt
Sent: Wednesday, June 18, 2008 2:55 PM
Subject: Heroes Earnings Assistance and Relief Act of 2008, which was signed into law yesterday and impacts employers' treatment of differential wage payments and their employee benefit plans.

Dear Sirs and Brothers:

                The attached file is an overview of the “Heroes Earnings Assistance and Relief Act (HEART) of 2008. I am sure that most of you are asked questions concerning pay and benefits for our members while performing their military commitments and on a military leave of absence. Some employers may in fact provide more than HEART requires however this law was enacted in June 2008 and is provided to all of you for your information and files. Please feel free to disseminate this information as you see fit.

Fraternally,

E. L. Pruitt

BLE-T

Vice President

12265 Home Port Drive

Maureapas, LA 70449

This message is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is legally privileged.  This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any file attachments is strictly prohibited. If you have received this email in error, please immediately notify us by reply email to the sender. Please delete this email and its attachments from your system and do not retain any copies.

 

 

DOT Warning On Use of Anti-Smoking Drug Chantix

From: Gore, Gil [mailto:gilgore@bletsr.org]
Sent: Friday, June 06, 2008 12:14 PM
To: All Local Chairmen BLET UP Southern Region

Subject: FW: Chantix

Brothers,

Please review the link below for information from the ND regarding the use of the anti-smoking drug Chantix. Please distribute this information to all members on your electronic e-mail list.

Please Click HERE to view and PDF copy of the Memorandum.

Thanking you in advance for your cooperation, I remain.

Fraternally,

Gil Gore

From: Pontolillo, Tom [mailto:pontolillo@ble-t.org]
Sent: Friday, June 06, 2008 11:59 AM
To: _NDOfficers; _General Chairmen US GCA; _Legislative Chairmen US GCA; _ExecStaff
Cc: Policy, Kathleen; Bentley, John; Magrath, Erin
Subject: Chantix

Brothers,

A short while ago we received the attached copy of a Memorandum from the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance to the Drug and Alcohol Program Manager of the Federal Railroad Administration’s Office of Safety. The Memorandum concerns the anti-smoking drug Chantix, and states, in pertinent part, as follows:

The U.S. Department of Transportation reminds all transportation industries of the potential threat to public safety caused by the use of the anti-smoking drug Chantix. A recent independent study spoke of possible links to seizures, dizziness, heart irregularity, loss of consciousness, vision problems, diabetes, and more than 100 accidents. As a result, we strongly urge all transportation industry employers to include in their employee training materials appropriate information to address this issue. We also encourage employers to reiterate with their employees the need to report use of such medications when required by applicable DOT regulations or by company policies.

The Federal Aviation Administration has banned the use of Chantix by pilots and air traffic controllers, and the Federal Motor Carrier Safety Administration has urged medical examiners not to certify a commercial driver who uses this drug.

It would be greatly appreciated if General Chairmen and State Legislative Board Chairmen would distribute electronically this to Local Division officers under their jurisdiction if they have the capacity to do so.

Fraternally,

Thomas A. Pontolillo

Assistant to the President and Director of Research

Brotherhood of Locomotive Engineers and Trainmen

FMLA update: Unions waiting for Supreme Court action

CLEVELAND, November 6 — Several BLET members have contacted the National Division recently regarding the status of the Family and Medical Leave Act (FMLA) court ruling last reported on in May. In that May 4 update, it was reported that all 11 active judges of the United States Court of Appeals for the Seventh Circuit unanimously rejected the request of the rail carriers to rehear the dispute over whether the FMLA allows management to override agreement provisions to require the employees to substitute their paid vacation and personal leave for unpaid FMLA leave. That May 4 ruling upheld a March 2 ruling, which blocked carrier efforts to force employees to use their vacation and personal leave days for FMLA purposes, rather than at the times the employees choose as provided in the collective bargaining agreements. Following that favorable ruling for Rail Labor, the carriers petitioned the Supreme Court for review of the ruling. Presently, the unions have until December 15, 2007 to file their oppositions to the petition. It then takes several months for the Court to decide whether it wants to hear the case. The Supreme Court usually grants petitions in less than a hundred cases from amongst thousands filed in any given year. If the current schedule is adhered to, it is likely that the Court will not decide whether to take the case until later in the winter or early spring 2008. If the Court does grant the Carriers’ petition, the case then has to be fully briefed on the merits and set for oral argument. Under this scenario, oral argument would not occur until the Supreme Court’s next term, which begins next October. While the BLET and others in Rail Labor are fighting to end the FMLA injustice as quickly as possible, realistically, a final decision is well into the future. Everyone involved should be reminded that the decision, as it stands, is a victory under the FMLA statute only. The Carriers still maintain that even without the statute, the applicable collective bargaining agreements themselves allow management to require the employees to use the paid leave they have chosen for other purposes, e.g., vacation, for FMLA purposes. That dispute has to be resolved in Section 3 arbitration. So, in the meantime, members are advised to continue filing claims to document their FMLA disputes with management as the organization waits for the Supreme Court to act. Eleven Rail Labor unions are involved in the case. Mike Wolly and Margo Pave of Zwerdling, Paul, Kahn, & Wolly, P.C., are representing the interests of six of the 11 unions — Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Electrical Workers, American Train Dispatchers Association, Brotherhood of Railroad Signalmen, National Conference of Firemen and Oilers, and the Sheet Metal Workers International Association. Tuesday, November 06, 2007 bentley@ble.org http://www.ble.org/pr/news/newsflash.asp?id=4539 © 1997-2007 Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org

 

FW: Reporting Events That Can Affect Railroad Retirement Benefits

Brothers,

Please distribute this information to all members and retirees on your e-mail list.

Fraternally,

Gil Gore

 

---

From: Tolman, John [mailto:tolman@ble-t.org]
Sent: Friday, November 02, 2007 9:14 AM
To: _BLE Employees; _ExecStaff; _General Chairmen US GCA; _GIA; _Legislative Chairmen US GCA; _NDOfficers; _SpecialReps
Cc: Policy, Kathleen; Pontolillo, Tom
Subject: Reporting Events That Can Affect Railroad Retirement Benefits

 

U.S. Railroad Retirement Board

Public Affairs                                312-751-4777

844 North Rush Street                  312-751-7154 (fax)

Chicago, Illinois  60611-2092       rrb.gov

For Publication                                                                                                             November 2007

Reporting Events That Can Affect Railroad Retirement Benefits

Rights to benefits under the Railroad Retirement Act also carry responsibilities for reporting events that may affect the payment of these benefits to the employee or to members of the employee’s family.  If these events are not reported, benefit overpayments can occur that have to be repaid, sometimes with interest and penalties.

Events that can affect the payment of a railroad retirement annuity and result in overpayments if not promptly reported include:

·       social security or certain other benefit awards, and changes in the amount of such benefit payments;

·       post-retirement work and earnings;

·       the death of an annuitant;

·       changes in marital status;

·       a child leaving the care of a spouse or widow(er);

·       a student ceasing full-time attendance.

The following questions and answers describe how these events affect railroad retirement benefits and what should be done to prevent overpayments.

1.     How can the award of social security benefits result in a railroad retirement annuity overpayment?

The tier I portion of a railroad retirement annuity is based on both the railroad retirement and social security credits acquired by an employee and reflects what social security would pay if railroad work were covered by social security.  Tier I benefits are, therefore, reduced by the amount of any actual social security benefit paid on the basis of nonrailroad employment, in order to prevent a duplication of benefits based on the same earnings.

The tier I dual benefit reduction also applies to the annuity of an employee qualified for social security benefits on the earnings record of another person, such as a spouse.  And, the tier I portion of a spouse or survivor annuity is reduced for any social security entitlement, even if the social security benefit is based on the spouse’s or survivor’s own earnings.  These reductions follow principles of social security law which, in effect, limit payment to the higher of any two or more benefits payable to an individual at one time.

Since 1975, if a railroad retirement annuitant is also awarded a social security benefit, the Social Security Administration determines the amount due, but a combined monthly dual benefit payment should, in most cases, be issued by the Railroad Retirement Board (RRB) after the railroad retirement annuity has been reduced for the social security benefit.

A person should notify the RRB when he or she files for social security benefits.  If the Social Security Administration begins paying benefits directly to a railroad retirement annuitant without the RRB’s knowledge, an overpayment will occur.  This frequently happens when a railroad employee’s spouse or widow(er) is awarded social security benefits not based on the employee’s earnings.

Also, annuitants who are receiving their social security benefits directly from the Social Security Administration must notify the RRB if their social security benefits are subsequently increased for any reason other than annual cost-of-living increases, such as a recomputation to reflect post-retirement earnings.  As such recomputations are usually retroactive, they can result in substantial overpayments.

While social security benefit information is provided to the RRB as a result of routine information exchanges between the RRB and the Social Security Administration, it will generally not be provided in time to avoid such a benefit overpayment.

2.     What other types of benefit payments, besides social security benefits, require dual benefit reductions in a railroad retirement annuity?

For employees first eligible for a railroad retirement annuity and a Federal, State or local government pension after 1985, there may be a reduction in tier I for receipt of a public pension based, in part or in whole, on employment not covered by social security or railroad retirement after 1956.  This also applies to certain other payments not covered by social security, such as payments from a non-profit organization or from a foreign government or a foreign employer.  However, it does not include military service pensions, payments by the Department of Veterans Affairs, or certain benefits payable by a foreign government as a result of a totalization agreement between that government and the United States.

The tier I portion of a spouse or widow(er)’s annuity may also be reduced for receipt of any Federal, State or local pension separately payable to the spouse or widow(er) based on her or his own earnings.  The reduction generally does not apply if the employment on which the public pension is based was covered under the Social Security Act throughout the last 60 months of public employment.  (This 60-month requirement is being phased in over a 5-year period ending March 1, 2009, and there are some exceptions.)  In addition, most military service pensions and payments from the Department of Veterans Affairs will not cause a reduction.

If an employee is receiving a disability annuity, tier I benefits for the employee and spouse may, under certain circumstances, be reduced for receipt of workers’ compensation or public disability benefits.

If annuitants become entitled to any of the above payments, they should promptly notify the RRB.  If there is any question as to whether a payment requires a reduction in an annuity, an RRB field office should be contacted.

3.     Can earnings cause railroad retirement overpayments?

Unreported post-retirement work and earnings in nonrailroad employment are a major cause of overpayments in railroad retirement annuities.  Like social security benefits, railroad retirement tier I benefits and vested dual benefits paid to employees and spouses, plus tier I, tier II, and vested dual benefits paid to survivors, are subject to earnings deductions if post-retirement earnings exceed certain exempt amounts, which increase annually.

These earnings deductions do not apply to those who have attained full social security retirement age.  Full retirement age for employees and spouses ranges from age 65 for those born before 1938 to age 67 for those born in 1960 or later.  Full retirement age for survivor annuitants ranges from age 65 for those born before 1940 to age 67 for those born in 1962 or later.

For those under full retirement age throughout 2007, the exempt earnings amount is $12,960.  For those under full retirement age throughout 2008, the exempt earnings amount will be $13,560.  For beneficiaries attaining full retirement age in 2007, the exempt earnings amount is $34,440 for the months before the month full retirement age is attained.  For beneficiaries attaining full retirement age in 2008, the exempt earnings amount will be $36,120 for the months before the month full retirement age is attained.

For those under full retirement age throughout a calendar year, the earnings deduction is $1 in benefits for every $2 of earnings over the exempt amount.  For those attaining full retirement age during a calendar year, the deduction is $1 for every $3 of earnings over the exempt amount in the months before the month full retirement age is attained.

Annuitants who work after retirement and expect that their earnings for a year will be more than the annual exempt amount must promptly notify the nearest RRB field office and furnish an estimate of their expected earnings.  This way their annuities can be adjusted to take the excess earnings into consideration and prevent an overpayment.  Annuitants whose original estimate changes significantly during the year, either upwards or downwards, should also notify the RRB.

Retired employees and spouses, regardless of age, who work for their last pre-retirement nonrailroad employer are also subject to an earnings deduction in their tier II and supplemental benefits of $1 for every $2 in earnings up to a maximum reduction of 50 percent.  This earnings restriction does not change from year to year and does not allow for an exempt amount.  Retired employees and spouses should therefore promptly notify the RRB if they return to employment for their last pre-retirement nonrailroad employer, or if the amount of their earnings from such employment changes.

A spouse benefit is subject to reductions not only for the spouse’s earnings, but also for the earnings of the employee, regardless of whether the earnings are from service for the last pre-retirement nonrailroad employer or any other post-retirement employment.  (Effective August 17, 2007, an annuity paid to a divorced spouse may continue despite the employee’s work activity.)

4.   How do post-retirement earnings affect disability annuities?

Special restrictions limiting earnings to $700 per month in 2007 and $730 per month in 2008, exclusive of disability-related work expenses, apply to disabled railroad retirement employee annuitants.

In addition, any work performed by a disabled annuitant may be considered an indication of an individual’s recovery from disability, regardless of the amount of earnings.  Therefore, any earnings by a disability annuitant must be reported promptly to avoid potential overpayments.

These disability work restrictions apply until the disabled employee annuitant attains full retirement age.  This transition is effective no earlier than full retirement age even if the annuitant had 30 years of service.  Also, a disabled employee annuitant who works for his or her last pre-retirement nonrailroad employer would be subject to the additional earnings deduction that applies in these cases.

5.   What effect does railroad work have on an annuity?

No railroad retirement annuity is payable for any month in which an employee, spouse or survivor annuitant performs compensated service for a railroad or railroad union.  This includes local lodge compensation totaling $25 or more for any calendar month, and work by a local lodge or division secretary collecting insurance premiums, regardless of the amount of salary.

6.   What should be done when a railroad retirement annuitant dies?

The RRB should be notified immediately upon the death of any retirement or survivor annuitant.  Payment of a railroad retirement annuity stops upon an annuitant’s death and the annuity is not payable for any day in the month of death.  This is true regardless of how late in the month death occurs and there is no provision for prorating such a payment.  Any payments received after the annuitant’s death must be returned.  The sooner the RRB is notified, the less chance there is of payments continuing and an overpayment accruing.  The RRB would also determine whether any survivor benefits due are payable by the RRB or the Social Security Administration.

7.   What are some other events that can affect payments to auxiliary beneficiaries, such as spouses and widow(er)s?

A spouse or divorced spouse must immediately notify the RRB if the railroad employee upon whose service the annuity is based dies.  A spouse must notify the RRB if her or his marriage ends in divorce or annulment and a widow(er) or divorced spouse must notify the RRB if she or he remarries.

Also, benefits paid to spouses, widow(er)s and surviving divorced spouses that are based on the beneficiary caring for an unmarried child of the employee are normally terminated by the RRB when the child attains age 18 (16 for a surviving divorced spouse) or if a disabled child over age 18 (16 for a surviving divorced spouse) recovers from the disability.  Therefore, the RRB must be notified if the child leaves the beneficiary’s care or marries.

Benefits are also payable to an unmarried child age 18 in full-time attendance at an elementary or secondary school or in approved home schooling until the student attains age 19 or the end of the school term in progress when the student attains age 19.  (In most cases where a student attains age 19 during the school term, benefits are limited to the two months following the month age 19 is attained.)  These benefits will be terminated earlier if the student marries, graduates, or ceases full-time attendance.  Therefore, the RRB must be notified promptly to prevent an overpayment.

8.   Can an annuitant contest a decision that he or she has been overpaid?

Annuitants who believe a decision regarding a benefit overpayment is incorrect may ask for reconsideration and/or waiver of the overpayment.  If not satisfied with the initial review, the annuitant may appeal to the RRB’s Bureau of Hearings and Appeals.  Further appeals can be carried to the three-member Board itself, and beyond the Board to Federal courts.

Annuitants are told about these appeal rights any time a decision is made regarding a benefit overpayment.

9.   How can an annuitant find out if an event might affect his or her railroad retirement benefit payments?

Annuitants should contact the nearest field office of the RRB for information.  In any situation, the best rule is “If in doubt, report.”

Annuitants can find the address and phone number of the RRB office serving their area by calling the automated toll-free RRB Help Line at 1-800-808-0772.  They can also get this information from the agency’s Web site at www.rrb.gov.  Most RRB offices are open to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday, except on Federal holidays.

John P. Tolman

Vice President & National Legislative Representative

25 Louisiana Avenue, N. W. ,

Washington, D. C. 20001

office 202-624-8776

DC fax  202-624-3086

direct fax 216-694-0241

cell       216-272-1246

tolman@ble.org

bletdc.org