Legislative Switch List
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LEGISLATIVE
SWITCH LIST
May, 2008
From August W. Westphal,
National President
What a journey this has been. From June of 1992 until May of 2008, sixteen years of preparing the Legislative Switch List for Units and Members of NARVRE, keeping members informed on the issues facing retirees and their annuities. And it has been a success in that every issue that was presented to the recipients of the Switch List responded with letters and calls to the Congress. We all know it makes a difference when the "Grass Roots" respond with personal issues and reasons for supporting or opposing an issue before the Congress.
Over the years we have supported rail labor in their efforts to support programs designed to protect the safety of the railroad worker. At this writing we have received another request from rail labor to support passage of S-2095 and a comparison to S-1889 in the U. S. Senate. This legislation is important to the rail worker. It involves Federal Railroad Safety Administration, Railroad Safety Strategy, Reports, Rule Making Process, Authorization of Appropriations, Employee Fatigue, Hours of Service, Limbo Time and Sleeping Quarters among many additional items involving safety. Sure we should help, however there is a phrase that indicates; "What Goes Around, Comes Around".
For the last two years NARVRE National Legislative Director and our Legislative forces have attempted to have introduced in the Congress legislation to correct an error in the Railroad Retirement and Survivor Improvement Act of 2001. It involves the surviving Spouse, Widow/Widower as the case may be. Contacts were made through the Committee in the House and through several Members of the U. S. Congress. We finally were advised it was Rail Labor that was imposing their will with the Congress and our Bill to correct WIMA has failed introduction in the Congress. This is truly sad inasmuch as rail Labor’s reported retirees are still suffering this loss and will continue to lose the COLA benefits..
So – we close this issuance of the Legislative Switch List on this sad note. Where our very own labor unions have again struck a blow to the railroad retiree family. The Spouse, widow/Widower will continue to lose the COLA each year until a change is made in the Act. We feel confident the National Convention will take action to continue these important efforts.
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LEGISLATIVE
SWITCH LIST
April, 2008
From August W. Westphal,
National President
As the year passes by there are only a few months (with Holiday recesses) left in the 110th Congress. At the end of this year the current congress will come to an end. All legislation in the 110th Congress will die, so to speak, and everything will need to be introduced again. Everything starts over with a new number, etc.
We continue in our efforts, however, to have introduced legislation involving the WIMA and the TAKE BACK provisions under Railroad Retirement. Needless to say the surviving spouse, widow/widower are and sill be in need of these extra payments at the beginning of each year. In a like manner those tens of thousands of retirees, spouses and dependants are in dire need of the millions of dollars that are presently being denied to them. This only as a result of the action taken by the Congress in 1983. The Railroad Retirement Solvency Act included a portion that denied five (5) percent of their pension to the survivor. Tom Dwyer, NLD and the National President have worked jointly for many months in this regard. We have received total cooperation from the membership who have taken the time to write their congressional Representative seeking their support. We are continuing and while the battle is one that is long lasting, we will be there until the last day of the Congressional Session.
No doubt every member has read or has heard of the payment of the Stimulus Package early in the month of May, 2008. Yes there are many stories about this payment. Some are a complete fabrication. You can qualify for a Stimulus Payment but to receive it you must file a 2007 income Tax return even if your income is low or tax free. Is the Stimulus Payment taxable? No! And you will not owe tax on your payment when you file your 2008 federal income tax form. You should maintain a copy of the letter you will receive with the payment from IRS. The stimulus payment will not increase the amount of tax you may pay in 2008. In a like manner it will not reduce the amount of any refund you are to receive when you file your 2008 tax reporting forms.
These matters are very important to everyone who will receive a stimulus payment as a result of the legislation passed by the Congress. Be aware of the facts. If you are not sure, please inquire. We are here to help you.
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LEGISLATIVE
SWITCH LIST
March, 2008
From August W. Westphal,
National President
The legislative effort of NARVRE continues in our attempt to have introduced legislation to correct the inequities passed by the Congress and affecting both the 1983 Takeback Provision and the WIMA passed in 2001. We believe, for the first time, we have really good news for all retirees.
The Congress passed and the President signed the economic stimulus package. The economic stimulus payment train is about to leave the station but the IRS is fearful that some railroad retirement participants may get left behind. This package contains a so-called “rebate” to Americans who file tax returns. In so doing, they also extended the payments to include recipients of certain railroad retirement tier I payments as well as veterans and social security recipients who ordinarily do not have to even file a tax return. The minimum payment for those who qualify is $300 for individuals and $600 for married couples filing a joint income tax return.
The payment will be calculated by the IRS based on tax returns filed now through the end of 2008 reporting income received and taxes due for the 2007 tax year. But since some railroad retirement recipients don’t make enough income to have to file a tax form, there is great concern that they might miss the opportunity to receive money coming to them.
This year tier I railroad retirement
recipients who do not otherwise have to file anything with the IRS will want to send in a
tax form in order to receive a stimulus payment, according to the Internal Revenue
Service.
Individuals who have income other
than railroad retirement Tier I benefits and are required to file a tax return and pay
taxes for 2007 have nothing more to do. They will automatically receive their economic
stimulus payments after they file their tax forms, beginning this spring and into early
summer. This would include people who receive Tier I Railroad Retirement benefits, but who
also work and earn enough to have to file and pay taxes.
Finally… IRS emphasizes people
with no filing requirement who turn in a tax return to qualify for the economic stimulus
payment will not get a tax bill. People in this category will not owe money because of the
stimulus payment. The stimulus payments are not taxable.
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LEGISLATIVE
SWITCH LIST
February, 2008
From August W. Westphal,
National President
As
we prepare this Legislative Switch List we are still attempting to have introduced in the
Congress the NARVRE legislative effort to correct the Widows Initial Minimum Amount (WIMA)
and the Takeback Provision passed in 1983. We are attempting to have the proposed
legislation introduced on two fronts, with Representative Tim Walz (D) MN and Betty Sutton
(D) OH. When the Bill is introduced we will ask for your support in writing letters to
your respective Members of the Congress to Co-sponsor the legislation. It is understood
the legislative year will be short due to the National Elections which will take place
early in November of this year. We are, regardless of the time restraints, laying the
ground work to accomplish our goal.
The
Bill would address two area of serious concern on the part of railroad employees and
railroad retirement beneficiaries. It would eliminate on, a prospective basis, a reduction
in Tier II benefits that has been in place since 1983. This Bill would also improve
widows’ and widowers’ (spouse) benefits by restoring cost-of-living increases to
benefits that were increased in 2001 to equal the amounts of the annuity payable to
the employee prior to his/her death. The bill would fund these increases in benefits by
eliminating the tier II tax reduction granted to railroad employees under legislation
enacted in 2001.
The
Railroad Retirement Solvency Act of 1983 was designed to address a very serious financial
problem that face the railroad retirement system in the early 1980’s One of the
provisions that contributed to the resolution of the funding problem was the so-called
Tier II Takeback. Under this provision, tier II benefits were reduced by five (5) percent.
This provision has had the effect of permanently reducing benefits. The railroad
retirement system is now financially strong and continued reduction of Tier II benefits is
no longer warranted.
Please
feel free to use this exact language in your letter to your Representative in the
Congress. Urge him/her to Co-sponsor the legislation introduced or pending introduction in
the Second Session of the 110th Congress. Seek a response to your letter. When
it is received make it available so a record may be made of their position on the bill.
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LEGISLATIVE
SWITCH LIST
January, 2008
From August W. Westphal,
National President
As
we begin the New Year it is with great expectation that we look forward to the
introduction of legislation having for its purpose the correction of WIMA and the Takeback
Provision now administered by the Railroad Retirement Board. For too long the
Widow/Widower has suffered by being deprived of the annual Cost of Living Benefit. This,
while their expenses for just living continued to rise. Including cost both for both
groceries and medicine. Those who retired prior to
The
Congress in 2007 acted in a manner that was not beneficial to the public regardless of the
fact the public is the very people who they are to represent in the Congress. This was
clearly pointed out in the report of NARVRE National Legislative Director Tom Dwyer to
National Officers, Area Directors, and our legislative forces in the organization. If you
are not receiving this report please E-mail Tom Dwyer and ask for a copy of the December
27, 2007 Legislative Report.
In
this New Year it is time for every NARVRE Member to take notice of our efforts to improve
the quality of life for the railroad retiree and his/her family. This may only be
accomplished by the collective efforts of all NARVRE Members. Stop for a moment and look
around your area. Is there a retiree, widow/widower who is drawing a railroad retirement
annuity and does not belong to the only organization that truly represents the railroad
retiree family. Ask that person or those persons who is protecting their annuity in the
Congress. It does not just happen. It takes the collective effort of every person who
lives on this earth. We are the ones who vote for them and keep them in Congress. They
truly owe their constituents the best representation possible. They may only know about
our opinions if we write to them and seek their cooperation in properly representing our
interests. Think about it. It is in your best interests to be concerned.
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LEGISLATIVE
SWITCH LIST
December, 2007
From August W. Westphal,
National President
Yes, there has been a delay in
posting the Legislative Switch List for December. It was purposely done in view of the
fact both the National President and National Legislative Director Tom Dwyer met in
Chicago with two members of the railroad retirement board on important issues.
First, our primary concern was the action of the Inspector General (IG) of the Board
taking action with retirees, when we believe and the U S. Code agrees retirees have the
right to be heard and the right to due process under the law. At our meeting on the 5th of
December the consensus of opinion was presented by the Board. Think about it, The Chairman
and the Labor Member accompanied by four (4) attorneys of the Board meeting with NARVRE.
We presented our opinion and were advised the process has been going on for many years.
Apparently no NARVRE Member was involved or we would have learned about it before that
period of time. There are three (3) known cases we are involved in. We are still
presenting our views and requesting a response in writing. We have always urged our
Members to place their inquiries in writing, not over the telephone. We will continue this
action in the new year.
Second. Our greatest concern is for those widows who are subject to the "Railroad
Retirement and Survivors Improvement Act of 2001". The legislation denied widows the
Cost of Living Increase. It will deny all future widows also. This, with the Takeback
Provision, is the subject of legislation NARVRE is attempting to have introduced in the
Congress. Our greatest concern is the beginning of the battle. To let the Congress, your
Representative, know there is a definite problem in this area. We need letters to the
Congress to let them know just how this is affecting you, a surviving widow who still has
the same expense every month. And, you are being denied the annual Cost of Living and may
have been denied for the last few years. And may lose them for future years. It is not
fair under any sense of imagination.
Write letters to your Representative in Washington. Do it now while they are still in
Session before the Christmas Holiday Recess. Just tell it like you have expressed it to
this office. We have been deluged with mail on this subject matter and expect more after
the first of the year when additional notices of 'No Cost of Living Adjustment (COLA) will
be received by the widow. Let them know how it adversely affects you as a widow who has
the same expense each year with no increase in benefits. Please help with the initial
battle before the bill is introduced.
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LEGISLATIVE
SWITCH LIST
November, 2007
From August W. Westphal,
National President
We are continuing in our
collective efforts to remedy the tragic decision of the Railroad Retirement Board in
changing the criteria as it pertains to alleged overpayments in the Railroad Retirement
System. This ugly situation arose sometime in the past year and we were just notified of
this action by the board in early September. Since that time and our noticing it in the
NARVRE Newsletter, we have learned of three additional cases that are pending. Just think
of what action you would take if the following happened to you and your family -----
One morning two "goons" from the office of the Inspector General of the Railroad
Retirement Board knock on your door and demand to enter your home and search your records.
Charge you with an alleged overpayment and demand that you pay back the money owed.
Suppose you agree and offer to make restitution of their demands. Then they advise you
they are going to the local U. S. Attorney and file an action against you. You then learn
you will need to engage legal counsel requiring a $5000 retainer fee for the counsel
retained. Oh yes, the legal counsel that understand Railroad Retirement issues are few and
far between. You will be engaging a "pig in a poke" so to speak. But you must be
represented by counsel.
They also advise you will be involved in an action that may cost you and your family far
in excess of the original alleged overpayment. And you will be required to still pay the
counsel while he/she is representing you in these maters before the court. Yes --- it has
happened with Railroad Retirement. Yes --- it could very well happen to you and other
retirees. NARVRE is vehemently opposed to this type of action by the Railroad Retirement
Board.
We are requesting to be heard by the Railroad Retirement Board in Chicago. Preferably at
their November meeting. Our letter of October 8 requests the Board serious consideration
of our request to be heard. To present our views in opposition to the Board, without any
notice to the parties, changing the criteria in matters of importance to railroad
retirees. This action by the Railroad Retirement Board is wrong and not in the best
interests of the railroad retiree, spouse or family members. The Act was passed with the
intention of providing an annuity for retirees. For the Board to go far beyond the bounds
of decency, as they have, is totally unconscionable.
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Page Last Revised: 05/08/2008.
