ARCHIVES
of previous
"Legislative Switch List" ITEMS
1998 Thru 2007
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.
Click here to E-Mail us at:
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.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
October, 2007
From August W. Westphal,
National President
Resuming our monthly report on
matters pertaining to legislation and activity with our Railroad Retirement Annuity there
are serious matters pending. Both in the Congress and with the Railroad Retirement Board.
In Washington we are awaiting word from Chairman Oberstar of the Transportation and
Infrastructure Committee concerning our meeting with rail labor involving the Takeback
Provision and the Widows Initial Minimum Amount (WIMA). Both Tom Dwyer and President
Westphal will attend the meeting to determine what avenue of success is available.
Serious changes have been made in the criteria used by the Railroad Retirement Board in
determining the re-claiming of alleged overpayment of railroad retirement annuities. We
have three (3) known instances at the present time. Needless to say NARVRE is involved and
are demanding the important information which has been lacking in this area.
What is at stake is your very existence under the Act. Retirees affected are being denied
their rights under the Act. Rights we have enjoyed for many years and were the policy and
procedure in such matters as alleged overpayments. Now - the criteria has been changed by
the Board without any knowledge of the affected retiree or the National Organization
representing retirees under the Act.
Presently there are three (3) known cases where retirees have been adversely affected.
"Goons" from the U. S. Attorney Office approach your door and demand records and
repayment. You are required to engage counsel to represent you in the court. This retainer
could approach $5,000 and will no doubt be used entirely prior to your case being heard.
It then costs more for the annuitant to be represented. In one case we are aware of, the
alleged overpayment was $18,000 and when the court finished with the matter it had cost
the annuitant $31,000. If this were not bad enough, they saw fit to outline everything in
the local media. The annuitant was embarrassed to say the least. His reputation was
destroyed in the community.
Is this what our Railroad Retirement Annuity has come to? Is it fair? We do not think so
and are doing something about it. Be aware! Be concerned!
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
August, 2007
From August W. Westphal,
National President
This month of August is one that
deals with many facets of interest for members of NARVRE. The general population of the
nation should also be vitally interested in what happens during this month. First;
"The country is safe - Congress is on vacation". No legislation will be passed
unless there is a catastrophe and the Congress is called back into session. We pray that
is not likely to happen. Secondly; This time period allows our membership to make personal
contact with their Representative in the Congress and two U. S. Senators who may be in the
area making contact and attending meetings. These are important times for persons who
depend greatly on actions taken by the Congress. That is you and me and others who are
personally and financially affected by Congressional Action.
The financial status of the Railroad Retirement System is adequate to continue the payment
of railroad retirement pensions. The most recent Report of the Railroad Retirement Board
indicates $30.6 billion is available as a result of the actions taken by the Railroad
Retirement Investment Trust. As you know this Investment Trust was established by the
passage of the Railroad Retirement and Survivor Benefit Act of 2001. Each of you played a
great part in the passage of this important legislation.
The 2007 report projected the various components of income and outgo of the railroad
retirement system under the employment assumption for the 25 calendar years 2007-2031. The
projections of these components were combined and the investment income calculated to
produce the projected balance in the railroad retirement accounts at the end of each
projected year. Projecting income and outgo under optimistic and pessimistic employment
assumptions, the 2007 report indicated no cash-flow problems will occur throughout the
25-year projected period under any of these assumptions.
The report did not recommend any changes in any railroad retirement financing. The payroll
tax adjustment mechanism provided by the 2001 legislation will automatically increase or
decrease tax rates in response to changes in fund balance.
We helped make it that way - We must continue to protect it too!
Maintain Membership --- Seek out additional members for NARVRE!
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
July 01, 2007
From August W. Westphal,
National President
We are now in a period which is
critical to everyone in the United States. Those who are concerned about the actions of
the Congress and those who depend on the measures passed by the Congress. Each and every
one of us, as railroad retirees must be concerned with our annuity and the funding of
same. Regardless of a substantial balance in the Trust Fund, we must be on the alert. This
is where our National Legislative Representative and communication becomes involved. More
important, our membership.
As an example, we are facing critical times in the funding for Amtrak. In an action by the
full Appropriations Committee by voice vote and no one against the action voted to
substantially increase the funding for Community Development, Housing and Amtrak. This
action goes directly in opposition to the President's position in these areas. Is it time
for a change now?
The legislation would provide $1.4 billion in direct payments to Amtrak. This amount is
$100 million more than the system was allowed in 2007 and $600 million more than the
Administration requested for Amtrak. Please keep in mind this is draft legislation for the
FY 2008. This time period begins on October 1, 2007. Needless to say this is action which
is favorable and will need our greatest attention in the closing months of the First
Session of the 110th Congress.
The future is now insofar as Amtrak is concerned. As pointed out by Tom Dwyer, NLD a
majority of Amtrak employees have not received an adjustment in their salary for the last
eight years. This is tragic. We, in NARVRE, fully support S. 294 the Passenger Rail
Investment and Improvement Act of 2007. It is scheduled to be on the Senate Floor for
action soon. Keep in mind Amtrak as an employer and employees contribute into the Railroad
Retirement Trust Fund. The legislation authorizes $11.4 billion to operate Amtrak over six
years and gives money to the states to improve rail infrastructure.
Always remember, even if Amtrak does not serve your community, it is a value to those
communities it serves. And our railroad Retirement Trust Fund benefits from the employer
and employee contributions to the Fund. Write your Senators today and seek support for S.
294. DO IT NOW!!
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
June 01, 2007
From August W. Westphal,
National President
The summer months are about to
severe much of the activity in the Congress. Regardless our efforts must continue to
support and/or oppose legislation called to our attention. Tom Dwyer, National Legislative
Director of NARVRE has forwarded the latest information on matters important to railroad
retirees and NARVRE leaders. It is mandatory we take significant notice of the advisory
and take action as requested.
Another reason for the important Calling Committee in each Unit. The time will be fast
approaching when we will need this communication system and activate it for the betterment
of all concerned with Retirement Pensions, WIMA and the Takeback.
In addition to the above we call attention to HR 2095 the Federal Railroad Safety
Improvement Act of 2007 introduced on May 1, 2007. The bill will reauthorize the Federal
Railroad Administration (FRA) and improve the safety on the nation's railroads. Eleven
(11) separate areas of concern for the public and railroad employees are included in the
legislation. The legislation is long over due and is supported by the UTU, BLET, BRS, ATDA
and BMWED. NARVRE supports this legislation.
As information Senator Jim DeMint (R-NC) introduced S-1301, the National Right-to-Work Act
on May 3, 2007. The legislation also amended the Railway Labor Act. S-1301 upon
introduction claims to preserve and protect the free choice of individual employees to
form, join or assist labor organizations, or to refrain from such activities. NARVRE
opposes this legislation.
Remember HR 4 and S 3, bills in both Houses of Congress to correct the inequity in the
Prescription Drug requirements taking affect in 2006. The efforts have failed thus far and
will require a further legislative action to bring up the bill again for handling. There
is a direct need for this action and when the time arrives we will call for assistance in
supporting same.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
April 01, 2007
From August W. Westphal,
National President
Has a calling committee been
established in your Unit? Are you a part of the important committee activity? We have
continued in this effort to establish a calling committee in every Unit of NARVRE. We
cannot stress enough the importance of having a Calling Committee in place. In future
months we will no doubt face a critical situation which will necessitate the activation of
the Calling Committee and communication with the Congress. Many Units already have a
calling committee that issues notice to the membership as to meetings of the unit and the
speaker who will present a program. This is very good and a credit to the officers of the
unit.
The Legislative Representative of each Unit has no doubt received the NARVRE 110th
Congress Directory. This material is up-to-date and gives the LR all the information as to
Members of the Congress from his/her State and Congressional District. Time should be
taken by the LR to outline this information on a "flyer" for the unit members to
pickup at the next meeting or future meetings. Each member should take the material and
place it next to his/her letter writing station at home. Have it ready when the call comes
for letter writing or making those important phone calls to the Congress. Note also the
NARVRE Toll Free Numbers 1 (877) 668-3864 and 1 (877) 668-3866. Make a record of these
numbers and use them for your calls to the Congress. They are easy to use. Just call the
number(s). When the Capitol Switchboard answers just ask for the Senator or
Congressman/woman as the case may be. They will connect you to the requested office. Ask
for the Legislative Aid for the Senator or Congressperson. Outline your support or
opposition to the bill you are calling about. Use the Bill Number given to you from the
Calling Committee. If the line is busy use the other number. If both are busy just keep
trying and you will have your opportunity to visit with the Legislative Aid. Do not be
impatient or rude. Just tell your story in your own words. They understand you are a part
of the important "grass-roots" that elect that Member of Congress to Office.
Too many times members who use the Toll Free numbers indicate they cannot get through to
the Capitol Switchboard or the numbers are always busy. This is good, in that Members are
using the numbers to call their Senators of Representative in the Congress. Just keep
trying and you will be successful. It is a tried and true method of communication with
Congress.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
March 01, 2007
From August W. Westphal,
National President
While we have been successful in passing H. R. 4 in
the House, it is now in the Senate for action. The Bill, Medicare Prescription Drug
Negotiating Act of 2007, is now in the Senate Finance Committee waiting action. We urge
our membership to call and/or write their two U.S. Senators urging them to vote favorably
on the legislation. It is in our best interests that it passes.
You will recall our advising the 109th Congress failed to complete a number of their
mandated actions prior to adjournment of the 109th Congress in December 2006. A Continuing
Resolution (CR) was passed to allow the government to continue in operation. We are now
advised the 110th Congress has passed a Continuing Resolution which expires October 1,
2007. In the meantime the necessary Appropriations bills for 2008 will also be facing the
Congress. The 2008 Fiscal Year (FY) begins on October 1, 2007.
We are greatly concerned with the Appropriations for the Railroad Retirement Board. In the
most recent CR the allotted amount for the Board was $103.018. The Board had requested the
amount of $104.5 million for fiscal year 2007. In the future actions we are praying for
the larger amount to allow the Board to function without cuts in staff or service. This
too is in our best interests.
Has your Unit activated the important calling committees? We continue to urge our Units
and Members to form the Calling Committees, This action will allow our Units to be ready
when the call comes from Tom Dwyer, NARVRE National Legislative Director for calls to the
Congress. As the Congress continues to develop legislation we must be ready to communicate
with them when the call comes.
Many Units have advised they have such committees to call their membership about meetings,
etc. This is good. We need to have all Units prepared to call when the need presents
itself. We urge everyone to participate in the program. Do not leave it to just a few
members who take the time to call and be recorder in favor or opposed to a certain piece
of legislation. Use the NARVRE Toll Free Numbers 1-877-668-3864 and
1-877- 668-3866. They are furnished for this important action in Congress.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
February 01, 2007
From August W. Westphal,
National President
The new Congress has proposed to accomplish many
items of legislation during the first 100 hours. Keep in mind the 100 hours is calculated
in legislative time. When the Congress is actually in session. You have no doubt been
watching the Congress in action via C-Span. Many of our members are fully aware of what is
happening on Capitol Hill. This is good. Good foe the mind of the member and also the fact
our members are keeping in touch with what is going on in Washington. The very place where
legislation is passed or defeated. We encourage all who have the capability for this
viewing to watch closely what is happening in the Congress.
On Friday January 12 the Congress debated the Medicare Prescription Drug Negotiation Act
of 2007. After lengthy and active debate a vote was taken and the bill passed the House
255-170. It now goes to the Senate for de bate and vote. Already the President has
indicated in the press he will veto the legislation if and when it arrives on his desk.
But we must continue the fight.
The idea behind this is using the shear size of the Medicare program to generate steeper
discounts than private insurance plans can muster. John Dingell (D) MI the chief sponsor
of the legislation indicated 43 million people can have the purchasing power to perhaps
encourage these drug houses to give the government and American retirees a better price.
We support this thought and encourage our members to now write their Representative and
U.S. Senators urging passage of the legislation by a wide majority.
In the event the President does exercise his veto power, and favors the prescription drug
industry over the people, the Congress will have an opportunity to override the veto. This
has not occurred with this President but it has happened many times before on legislation
that differs between the Congressional and Administrative branch of government. Your
letters to the Congress will give them support to override the veto. They need the support
of the grassroots to cast their vote and give the government and Medicare an opportunity
to negotiate a better price for prescription drugs.
Write your letters today. Do not wait. Let them know we are concerned.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
January 01, 2007
From August W. Westphal,
National President
The beginning of a new year is upon us. As railroad
retirees and seniors in general we must be concerned with what takes place in the 110th
congress. As you are aware it is a "new ball-game" now. Every piece of
legislation must be initiated again, go through the hearing process and be finally voted
upon in each house of the Congress and presented to the President for approval or
rejection. It is a process that has been going on for many years.
While there is a Democratic majority in the Congress we must not be lulled into thinking
everything will be done with dispatch. There will be many roadblocks to overcome. However,
with the leadership change we do not believe there will be that negative thinking towards
legislation designed to benefit seniors. At least we pray this will not happen in this
Congress.
The burning question in many minds is; "How much will the Prescription Drug prices be
reduced in 2007"? Were you experiencing the "Dough-nut Hole" last year? If
so, you know the seriousness of the matter being corrected as soon as possible. It will
not be an easy task inasmuch as the pharmaceutical companies are well represented in the
congress. A recent count indicated there were two to four lobbyists for every Member of
the Congress. That is 100 in the U. S. Senate and 435 in the House of Representatives.
While we are talking in numbers, each voter has two Senators in the Senate and one
Representative in the House of Representatives as their representatives in the Congress.
This is important to know when it comes to making contacts in the new Congress.
Have you or has your Unit established the important Calling Committee? It may be that such
a committee has not been organized or used in previous important actions before the
Congress. It is an easy task to perform. First, one member of the Unit must have an
Internet connection and receive messages from Tom Dwyer, National Legislative Director for
NARVRE. Second, within the Unit gather the names and telephone numbers of those who wish
to participate in calling. Do not shirk these responsibilities. You will find it is very
enjoyable. You may even make new friends in the process. We will outline the process
further in NARVRE News this month. As we have pointed out, NARVRE is the "A-
team" in calling the Congress.
Every member should be a proud partner in this process!!
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
December 01, 2006
From August W. Westphal,
National President
What wonderful news on November 8. And even better news on November 10. We are confident our membership in NARVRE responded to the call for Absentee Balloting and the call to be sure and vote on Election Day. Together, the railroad retiree family and seniors in general may accomplish their goal when everyone works together. We have shown that before and we are confident the trend will continue. At this writing we are unable to determine just what legislation may have passed in the "Lame-Duck" Congress. Regardless we are confident our "communication experts" were there when the call was made by Tom Dwyer NARVRE’s Legislative Director to assist in several areas. We are aware of groups getting together to finalize important legislation before the 109th Congress adjourns sine die. We may now say that was last Congress and there is a new Congress on the horizon. The 110th Congress will convene in January of 2007
This will be a new era. The first woman to be Speaker of the House of Representatives and the first woman to be third in line for the Presidency of the United States. History has been made. And may be made further as time goes by. We may take a sense of satisfaction in that we all were a part of it and will be a major part in legislation passed to protect, promote and preserve our railroad retirement pension system.
We have several major areas of concern on the table. Remember the Resolutions passed at the last two NARVRE Conventions pertaining to railroad retirees? Disability benefits and increased earnings, Early Medicare for those who married a younger mate and she/he needs Medicare coverage prior to reaching age 65. There may be other areas of great concern needing revision or modification through the legislative process.
Regardless, we must be ready for this new First Session of the 110th Congress. Remember, we are in a different arena. There are new Leaders and new Players in the production starting in January. Many of the same methods will be in the process; however, generally speaking there will be different thinking on the issues before the Congress. Make plans now to participate. The formation of calling committees is vital to any success achieved. NARVRE Toll Free Numbers are still in play. Use them to contact your Senators and Representatives. 1 (877) 668-3864 and 1 (877) 668-3866.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
November 01, 2006
From August W. Westphal,
National President
Never before have we, as railroad
retirees, been so involved in what may be the most important election in many, many years.
The “Mid-Term” election is one that usually sets the tone for what we may expect
in the future. Needless to say we must have a change in our government if we are to
realize any semblance of decency across this nation. Thousands are out of work, the poor
are getting poorer, seniors afflicted with an illness requiring prescription drugs are
facing a very difficult future and at this writing, no one has done anything about it. We
must have a change in the Congress make-up this year. The election may do that.
We are counting on our leadership in the field to get this point across. We feel confident
you are aware of the situation inasmuch as you are in tune with the issues. This opinion
is based upon the mail response received from our members. We have repeatedly urged our
membership to obtain an Absentee Ballot to be assured their vote will be counted. While
all votes are critical, the most important are in the states of
After the election period there will be additional work required in the Congress. Sure, it
will be a “lame duck” session but their actions still count when laws are
passed. In the Senate we are concerned with AMTRAK appropriations. $1.4 billion is on the
table and dangerous amendments are lurking before final passage. Let your Senator know
where you stand and ask them to support full funding for AMTRAK. Simply ask them to
support S-1516 minus the Sununu/Sessions amendments. Use the toll free numbers (877)
668-3864 or (877) 668-3866. Ask that your opinion be counted in support of AMTRAK.
On the House side ask your Representative to support HR 5483, the Railroad Retirement
Disability Earnings Act of 2006. It increases the earnings limitations of disabled
railroad workers from $400 to $700 per month including COLA increases. These issues are of
great importance to the disabled rail worker.
While we ask them to vote right – We are urging our membership to VOTE!
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
October 01, 2006
From August W. Westphal,
National President
For all practical and known
reasons, Congress should be adjourned for the 109th Session. The 110th
Session of the Congress will begin in January 2007. Of course we do not know at this
writing just what the posture of the Congress will be. We may only pray that a change is
discovered in at least one of the Houses, either Senate of House of Representatives, which
will make a great difference in what takes place for the next two years. From all
indications in the media and personal points of view, there will most likely be a change
and we must wait for a decision that will be made as a result of your casting your ballot
at the polling place.
It is rather easy and convenient to vote by Absentee Ballot. In most instances we
recommend that this action be followed. One never knows if we will be up and around on
Election Day or some inconvenience may prevent our going to the polls to vote. What ever
your preference be sure and exercise your right to vote. You would not want to be the one
vote that was not counted when a candidate other than your choice is elected by one vote.
It does happen, not often, but it does happen.
You are already being bombarded with television and radio commercials from those
candidates who are attempting to be re-elected or elected for the first time. If not, you
are in an area where everything is alright and there is nothing to worry about. These
areas are few and far between. Be careful and study the issues that are on the ballot in
your area.
As retirees and seniors we must be concerned with many issues in the next Congress. These
issues will be outlined in NARVRE News early in 2007. In the meantime keep up with the
rhetoric which will be sent over the airwaves in the final 60 days before the National
Election on
Finally, we have a new price tag on our Railroad Medicare. If it is any good news, instead
of the 11 % increase in Medicare premiums predicted two months ago, the 42 million senior
and disabled Americans with Medicare coverage
will see a 5.6% increase from $88.50 per month to $93.50. That is in addition to any
prescription drug premium they currently pay. Additional information will be printed in
NARVRE News.
Click here to E-Mail us at:
LEGISLATIVE
SWITCH LIST
September 01, 2006
From August W. Westphal,
National President
After Labor Day we will again be
confronted with those matters handled by the U. S. Congress. They have completed their
August recess and should be ready to complete the work that has been waiting since late
July. Many of such items are necessary due to the fact the 2007 Fiscal Year begins
Yes, October and then November which from all indications at the present time give thought
to the result of the November election on the national level and just what may be the
outcome of the election process. Many matters we have all experienced through the year may
have an affect upon the outcome. We have, already, experienced a loss in the Senate
Primary Race in
Without belaboring the point and I know we have been a pest at this, it is so very
important that each member of the NARVRE Family be registered to vote. Take the time now
to contact your election board (phone number in the phone directory) to determine if in
fact you are properly registered to vote. It would be so embarrassing to confront the
volunteers, maybe friends of yours, and learn at that point you are not registered or
there is a flaw in the process denying a vote.
Legislation depending upon our action on the local level with Members of the Congress
includes, but is not limited to the following;
