AFSCME's Position – Public Safety Officer Legislation
AFSCME SUPPORTS PUBLIC SAFETY OFFICERS LEGISLATION
BACKGROUND
Public safety officers are dedicated public employees who protect our communities from the criminal element of our society. These officers work on our nation's streets where each day presents a new challenge or danger. AFSCME has been fighting for better pay and benefits, for safer work environments, and to uphold the standard of professionalism for the men and women in this field. Legislation to improve health and safety and to secure collective bargaining rights for public safety officers has been introduced in Congress and AFSCME is at the forefront in advancing this legislative agenda.
SUMMARY OF LEGISLATION SUPPORTED BY AFSCME
• PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 2007 (H.R. 980)
Legislation to establish collective bargaining rights for public safety officers has been introduced in the House. The Public Safety Employer-Employee Cooperation Act of 2007 was introduced in the House by Rep. Dale Kildee (D-MI) and would provide collective bargaining rights for police, corrections, firefighters, and emergency medical services personnel. This legislation will promote cooperation between public safety agencies and their employees and result in more effective and more efficient delivery of emergency services. Such cooperation is not possible in those states that do not provide public safety officers with collective bargaining rights. Public safety agencies that grant such rights have benefited immeasurably from productive partnerships between employers and employees. The Senate companion bill will be introduced by Sen. Judd Greg (R-NH) in the 110th Congress.
• PUBLIC SAFETY OFFICER DUE PROCESS RIGHTS (S. 449/H.R. 688)
Legislation that would provide standards and procedures to guide both state and local law enforcement agencies and law enforcement officers during internal investigations, interrogation of law enforcement officers and administrative disciplinary hearings to ensure due process has been introduced in the Senate and House. The State and Local Law Enforcement Discipline, Accountability and Due Process Act of 2007 (S. 449) was introduced by Sen. Joseph Biden (D-DE) and the companion bill (H.R. 688) was introduced in the House by Rep. Jim Ramstad (R-MN).
• CONCEALED CARRY LAW (S. 376)
Sen. Patrick Leahy (D-VT) has introduced a bill, the Law Enforcement Officers Safety Act of 2007 (S. 376) to amend the "concealed carry" law to shorten the length of service requirement for retired law enforcement officers from 15 years aggregate service to 10 years and also includes Amtrak and police officers for the executive branch of the federal government as qualifying under the concealed carry law.
• WINDFALL ELIMINATION PROVISION/GOVERNMENT PENSION OFFSET (S. 206/H.R. 82, H.R. 726)
Currently, 75 percent of state and local law enforcement personnel are not covered by Social Security in their employment. Public employees eligible for a pension for work not covered by Social Security but who also have worked and earned Social Security benefits in private sector jobs may have their Social Security benefits drastically reduced when they retire as a result of the Windfall Elimination Provision (WEP). For these employees, the Social Security Administration uses a less favorable modified benefit determination formula when computing Social Security benefits. As a result, some workers pay the same percentage in payroll contribution on their Social Security-covered earnings as all others, yet they are being unfairly penalized by this provision.
An equally economically devastating situation is thrust upon public employees who are eligible to receive spousal Social Security benefits as a result of the application of the Government Pension Offset (GPO). The GPO applies to nearly everyone receiving a public pension from work not covered by Social Security, which is approximately 25 percent of the public workforce. If the public pensioner is also eligible for a Social Security spousal or widow's benefit, this law requires that the benefit be offset by an amount equal to two-thirds of the public pension. Retirees cannot receive a Social Security benefit based on their own work record and a full spouse/widow benefit.
Legislation to repeal or modify the GPO/WEP Social Security offsets for state and local government employees has been introduced. Sens. Dianne Feinstein (D-CA) and Susan Collins (R-ME) reintroduced the Social Security Fairness Act (S. 206) in the 110th Congress that would repeal these unfair statutory provisions.
Reps. Howard Berman (D-CA) and Howard "Buck" McKeon (R-CA) introduced a similar repeal bill (H.R. 82) in the House on the first day of the new 110th Congress with over 100 cosponsors. In addition to the repeal bills, a WEP modification bill (H.R. 726) was introduced in the House by Rep. Barney Frank (D-MA) that would exempt those with incomes below $2,500 (Social Security and pension) from the WEP offset.
• COPS ON THE BEAT (S. 368)
Legislation to reauthorize the COPS ON THE BEAT grant program was introduced by Sen. Joe Biden. The COPS Improvement Act of 2007 (S. 368) would provide for an increase in the number of officers deployed in community-oriented policing and would also establish new programs to reduce and prevent illegal drug manufacturing, distribution and use.
• RESOURCES TO FIGHT VIOLENT GANGS (S. 144)
Mynisha's Law (S. 144) was introduced by Sen. Barbara Boxer (D-CA). This bill would increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs by designating local government, city or counties as comprehensive Gang Prevention and Relief Areas. These areas so designated would be eligible for funding under various government grant programs.
• CAPITOL-FLOWN FLAGS FOR FAMILIES OF DECEASED LAW ENFORCEMENT OFFICERS (H.R. 146)
A bill has been introduced in the House that would provide Capitol-flown flags to the families of law enforcement officers killed in the line of duty. The Law Enforcement Flag Memorial Act of 2007 (H.R. 146) was introduced by Rep. Gene Green (D-TX).
• PUBLIC SAFETY OFFICER PROTECTION ACT
Rep. Joe Baca (D-CA) introduced legislation in the 109th Congress that would expand the federal death and disability benefits program to include coverage of cancer-related deaths or disabilities. The bill amends the Omnibus Crime Control and Safe Streets Act to provide that if a public safety officer develops cancer and either dies or becomes permanently and totally disabled as a result of the cancer, such officer's death or disability shall be presumed to be the direct and proximate result of a personal injury sustained in the line of duty and the officer or officer’s family will be eligible for disability or death benefits. AFSCME is working with Rep. Baca to reintroduce this important legislation in the 110th Congress.
• WHAT YOU CAN DO
Contact your Senators and Representative concerning the following legislation and ask them to cosponsor these bills.
Department of Legislation
February 2007
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