NYCERS to reconsider recent change to disability benefit policy

NYCERS’ board will reconsider a policy change that eliminated retirees’ ability to appeal their denials for disability benefits, an advocate for 9/11 first responders said he was told by top officials at the public pension fund.

Gary Smiley, the liaison to the World Trade Center Health Program for the union representing FDNY EMTs, paramedics and fire inspectors, said he was told in an early August meeting by leadership of the New York City Employees' Retirement System — the city's largest — that they will reconsider the policy at their next meeting on Sept. 11. 

Deb Stewart, NYCERS' director of communications, confirmed in an email Thursday that “the disability application rules is a topic” for the upcoming meeting. 

Smiley attended the early August meeting with NYCERS' leadership days after The Chief reported that the pension fund in January eliminated a policy allowing rejected retirees a 60-day window to review doctors' notes on why they were rejected for disability benefits and file an appeal with additional medical evidence. Under the updated policy, rejected applicants must wait a full year to reapply and are not provided with reasons for their rejection. 

Smiley said that he recommended to pension fund officials at the meeting that the board reverse the policy and allow rejected applicants to appeal, just as before.  

“Hopefully [the policy]will go back to that,” Smiley said in an interview. “The egregious advice that they can come back in 12 months is outrageous because they'll die.” 

NYCERS did not inform pension beneficiaries, retiree advocates or municipal unions about the policy change, several retiree advocates and union leaders have said. NYCERS’ deputy director of communications, Rachel Assisi, denied that allegation, telling The Chief earlier this month that “NYCERS broadly communicated to NYCERS members and retirees across the various available channels." 

In an email to The Chief Thursday, Stewart said that the pension fund “has previously shared information regarding this topic with World Trade Center advocates and will follow up with those stakeholders when there is new information to share.” 

NYCERS' board of trustees meets the second Thursday of each month, which in September falls on the 24th anniversary of the 9/11 terror attacks.  

Marianne Pizzitola, president of the NYC Organization of Public Service Retirees, said that NYCERS did not inform her of the policy change, adding that forcing retirees to wait to reapply for benefits for a year was “dangerous.”  

"They have to change it back,” she said by phone Wednesday. "They're basically 'saying go home and die, sorry we don't care about you.'" 

Smiley said that if NYCERS doesn’t heed his recommendation to reverse the policy, he will protest with allies outside of the pension fund’s office. Dennis Shock, president of Teamsters Local 831, the Uniformed Sanitationmen’s Association, said that he and his members will join Smiley in protest if needed.  

“I was never informed about it,” he said of the policy change. 

Shock said that his members often face delays when trying to claim pension benefits from NYCERS. He labeled the pension fund “horrible” and “a nightmare” for their lack of transparency.

“I think NYCERS needs to be overhauled,” the union leader said. 

hfreeman@thechiefleader.com