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June 15, 1999 - New York City - According to the Chief Leader Newspaper, In a letter to James J. Dwyer, James Kaplan Explained that the VSF was illegal. More specifically it knocked the pension system "out of compliance" Mr. Kaplan discussed this in response to a request by Dwyer to review the Correction Officers Bill for a Variable Supplement Fund.

Mr. Kaplan cited, according to the Chief-Leader, a previous IRS ruling disallowing special tax status for one private sector pension plan, under which participants could receive additional benefits based on excess earnings because it was impossible to determine in advance the amount of those benefits.

In 1991, New York City Transit Retirees, stopped a payout for a short time to argue that the VSF was "unfair because not all retirees benefitted from the payout". Housing Police retirees carboned the same lawsuit and joined in. Both Transit and Housing retirees fought the case up to the New York State Supreme Court, the Courts ruled the law was fair, Housing and Transit PBA's both supported the bill to create the VSF to exclude disabled retirees, and persons who retired prior to the signing of the bill. The City of New York did not outright support the bill, however they later talked the Unions into converting the VSF into a defined compensation package, while the City of New York reaped a "fee" off the top annually. Also supporting the VSF and working against the Transit and Housing Retirees was the PBA Lawfirm of Lysaght and Kramer, The firm of Lysaght and Kramer were known to oppose legislation that would have asked State Senate and Assembly members to review the law and decide if they actually wanted the Housing and Transit Retirees excluded from gaining this benefit.

Since the letter was printed, in the City of Politicians, not one has come out to talk about what this could mean. This writer must reflect on the fact that The City, the Unions, the Politicians and the Courts all said that the Transit Retiree lawsuit was wrong and that retirees should just take what they are given and go home, however this memo from Kaplan must be a day of atonement for the retiree groups.

As one insider put it "Now the word knows, what Transit retirees knew all along" Against the opinion of the City, Unions, Courts, bureaucrats and among there own ranks of pessimist.

One central theme comes through as we look at all these issues pertaining to VSF "HAVES V. VSF HAVE NOTS", Housing V. Transit, Active V. Retired, and PD V. Housing and Transit.

There is really only one right or wrong. The Kaplan letter of opinion describing the VSF as being illegal or at the very least causes the pension to be illegal. Is no different then the perp who commits a crime then blames the complainant or the officer for having him/her arrested.

The Complainant didn't do the crime, the cop didn't do the crime. In this case the City of New York did the crime. They (the City of New York) "control and oversee" the Pension benefits. They cause the City of New York, themselves, to favor one group of retirees over the other. They created a supplementation for one group of retirees over the other. The City wanted to reward loyal soldiers who managed to stay healthy for 20 years. At the same time - The Union has a job to get maximum benefits for the membership they serve, period. Shame on any Union that does not design a benefit that will be equally distributed to ALL it's members.

With all this, there are generations of victims. Those who retired since this benefit was enacted. Those who had to fight, really fight for this benefit to be challenged and yes those who have already received this benefit. ALL VICTIMS. We lost camaraderie because of the have and have not issue, and those who get it now have to wonder about the following:

How does the City of New York continue to make this payment to those who are already receiving it?
How does the City of New York create a pension system that allows for police retirees to ALL share in a VSF of Equal proportion?
How can the see make retribution to the few who have challenged this benefit?
Will the New York City PBA continue to be silent regarding this pension benefit, as it has been for the past 20 years?
How does the City Maintain status quo while giving those who get NO supplementation up to snuff?

Retirees who have questioned the distribution of these moneys that excluded them from the supplementation did what is right, they challenged a system that they had no authority in creating. While a retiree who gets this money has no cause to look a gift horse in the mouth, it is irreverent to turn on you fellow officer active or retired because they want and need more for there family. Disable retirees have given no less for this City then any 20+ year veteran. To go one step further, Many retirees will sacrifice there entire life for the pain they endure from there disability.

Your fellow retiree didn't do this the City you served did it.

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