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The undersigned request that NYC Department of Finance's implement ion of salary reimbursement for ordered military service, be reviewed completely. We are requesting local government to support correcting this disservice to municipal citizen-soldiers. The current policy was well intentioned but unfair and poorly planned. Poorly planned to the extent that a review is necessary.
1. The City has waited from 3-5 years in some cases to request reimbursement, yet requires commencement of payment in 30 days from members. Members who have become eligible for retirement are forced to repay the full amount in 30 days or face legal action.
2. The taxation issue of gross pay verses actual net earned vary from case to case. If a member retained every cent of the take-home pay. That member will still be from 35-55% short of the gross owed. They are required to repay monies they have in fact not received.
3. The City has redefined military pay as the amount of base pay to include allowances for food and shelter. These are known as (BAH) and (BAS). They are a tax free stipend that is not classified by the military or the IRS as taxable income. The amount is based upon a member’s zip code. Since members of NYPD are required to reside in Westchester, Orange, or Rockland, Nassau counties, or the five boros. Their BAH is one the highest provided. NYS Military Law section 242 prohibits BAH and BAS to be included in pay calculations.
4. The City's disclosure on the exact content of their agreement was vague and non specific. It exploited the time sensitive nature of mobilization. It was presented as the separation package of choice to its members. Other options available that may have been better, were not discussed to most employees. |
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