NYPD veterans accuse PBA of abandoning pension fight

Retired and active NYPD officers are accusing the Police Benevolent Association of failing to represent their interests in a contentious pension dispute, saying the union declined to support their yearslong campaign for retirement benefits before backing pension-boosting legislation that excluded nearly 200 veteran officers.

The dispute intensified after the Detective Didarul Islam Police Recruitment Act was signed into law in June, which allows eligible Tier 3 NYPD officers -- those hired after July 1, 2009 -- to receive earlier credit toward retirement for qualifying prior municipal service. Approximately 194 Tier 2 officers – those hired before July 1, 2009 – remain excluded from counting time worked as traffic agents or correction officers towards their pension. 

The PBA says it supports separate legislation to extend the benefit to Tier 2 officers, arguing that newer officers were prioritized because they previously lacked the ability to receive credit for their earlier service. But some affected officers say the union's stated support has not translated into meaningful action on their behalf.

Officers say union has ignored their appeals

Retired Officer Velez, who elected to give only his last name, joined the NYPD in January 2006 after working as a traffic enforcement agent beginning in September 2001. He told The Chief that Tier 2 officers spent around two years lobbying lawmakers for legislation that would recognize their prior municipal service. 

Velez said he repeatedly questioned his union leaders why as to why the PBA was not joining their campaign. He said that he was told by Lt. Patrick Gordon, whom he identified as a leader of the officers' lobbying effort, that the union did not want to get involved.

“If I'm paying my dues, you have to be for everyone, not just for a few,” Velez said of the PBA.

One active officer, who spoke to The Chief on the condition of anonymity because of his work in the NYPD's hiring and background-investigation unit, said affected officers repeatedly sought meetings with PBA delegates, trustees and leadership to understand the exclusion and discuss an amendment.

Those efforts, he said, have failed to produce a satisfactory explanation.

“They've been ignoring us,” the officer said.

John Nuthall, a PBA spokesperson, said the union supports legislation sponsored by State Senator Robert Jackson to extend the benefit to Tier 2 officers.

“The Didarul Islam Police Recruitment Act serves as a starting point for future expansion,” Nuthall said. “Tier 3, which includes 90 percent of active PBA members, was prioritized because it did not include any credit for prior service, while Tier 2 members can already buy back their prior service time and use it to enhance their pension benefit.”

Nuthall said the union hopes the State Legislature will pass additional bills to expand the law and equalize benefits for its members.

Earlier bill vetoed by Hochul

After years of lobbying, the earlier Tier 2 legislation was vetoed by Governor Kathy Hochul.

At the time, Hochul said she could not sign the bills because they lacked a plan to cover their costs. She estimated that the group of benefit-enhancement bills would require at least $183.3 million in near-term spending and $347.5 million in long-term costs for the state and local governments combined. 

Lawmakers subsequently advanced the Didarul Islam legislation, which passed in June and was signed by Hochul but left the Tier 2 officers out. 

The affected officers said in their estimation that extending the benefit to the approximately 194 excluded Tier 2 officers would cost the state about $8.3 million.

Velez said he was frustrated by how quickly the newer legislation advanced compared with the prolonged campaign for Tier 2 officers. He questioned why the PBA, with its substantial membership and political influence, had not backed their effort earlier. 

He added that the consequences of the legislation extend beyond active officers who are still working toward retirement. Velez believes he could have retired approximately four and a half years earlier had the prior-service legislation passed, a difference he said would have significantly affected his family's finances.

“Four and a half years. Do you know how much money that is for me and my family?” he said.

'We just keep asking why we were not included in the bill'

The group estimates that roughly 150 of the approximately 194 affected officers remain PBA members, while others belong to different unions after promotions or changes in rank. One officer argued that the group's relatively small size compared with the PBA's overall membership has made it difficult to get the union's attention.

The union's explanation that Tier 3 was prioritized because it did not include any credit for prior service has not resolved the affected officers' concerns. The Tier 2 members argue that purchasing prior-service credit does not necessarily provide the same retirement advantages as the benefit available under the new law.

The active officer who spoke with The Chief also described how the Tier 2 officers assumed they would be included in the Didarul Islam Act, since they didn’t hear anything otherwise from the PBA or lawmakers, only to find out after it was passed that they were excluded. 

“We just keep asking why we were not included in the bill. They didn't have an answer,” he said. 

He said that he entered city service as a traffic enforcement agent in 2006 and then joined the NYPD in Jan. 2009, narrowly missing the Tier 3 eligibility. He said he had already paid $4,631.12 to purchase pension credit for his earlier municipal service but remained ineligible for the additional benefit under the new law.

He had also purchased a home in Puerto Rico in anticipation of retiring and relocating with his family. The exclusion disrupted those plans, he said.

The group has explored a potential civil lawsuit alleging discrimination, although the active officer said they had struggled to find an attorney willing to take the case. The officers’ current campaign is focused on finding a legislative solution, either through a chapter amendment to the existing law or through a separate bill.

The officers’ say the latter option is much more feasible and that Senator Jackson has indicated he would introduce another bill, but they will have to wait until the Legislature reconvenes in January. 

A spokesperson for Senator Jackson did not respond to a request for comment.