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RFFOW President's Message for September 2009
http://www.leoff1.net/articles/55/1/RFFOW-Presidents-Message-for-September-2009/Page1.html
By Dick Warbrouck
Published on 08/27/2009
 
In this month's RFFOW newsletter, Dick Warbrouck, reviews the impact of HB 1506.  While this bill dealt with 41.18 (fire prior act) survisor benefits rather than LEOFF 1, it is a good illustration of the need for effective organizations that actively address the needs of their members.  Fortunately, on the police side, the benefits had been included in 41.20 (the police prior act) in earlier legislation.  Somehow those improvements were left out of 41.18.  The hard work of Dick Warbrouck and the RFFOW over several sessions of the legislature finally secured the suvivor benefit for prior act fire fighters.

Dick Warbrouck, RFFOW PresidentIn the June 2009 RFFOW Newsletter there were two photos. One was a group photo of Representative Steve Conway (D) and Representative Barbara Bailey (R), the two sponsors of our bill HB 1506, our Secretary Caroline Brakken, Directors Bob Fuhrman, Bill Roberts, retired Tacoma, Don Hirschman, a member of the Aberdeen pension board, Governor Gregoire and myself.

The other photo along with a thank you note was of Karl and Doris Strom. Karl retired from the Renton Fire Department on a duty disability under RCW 41.18 the Prior Act. Karl was the last surviving member from Renton who retired under the Prior Act.

One night in May as I was actually writing my article for the Newsletter, in which I reported that HB 1506 was passed by the legislature and awaiting the Governor’s signature, the phone rang and it was Karl Strom, whom I didn’t know.

In fact, he was not a member of the Retired Firefighters of Washington. He explained that he had heard about HB 1506, the bill we had introduced that would provide a survivor option in RCW 41.18 the Prior Act for those who married within five years of retirement or after retirement.

He thanked us for our effort and wanted to know if there was anything he could do to help. I thanked him for his offer and was pleased to inform him that the bill was already passed by the legislature and was scheduled to be signed by the Governor in three days. He was overjoyed and could not thank us enough.

He admitted that he was not a member of the RFFOW and had never been approached to join. He, of course had not seen our Newsletters and was completely out of touch.

After a fifteen minute phone conversation, I continued to write my Newsletter article. About five minutes later the phone rang again. This time it was Karl’s wife, Doris, who was very excited. She wanted to know if it was true and that Karl had correctly told her that the bill was passed. She wanted to know that she could go to bed knowing that it was a done deal and that Karl would have the option to provide a survivor pension for her upon his death.

I had to explain to her that the bill was passed by the legislature but had to be signed by the Governor and that we expected the Governor to sign the bill into law. I explained that if something happened to the Governor in the next three days before she signed the bill, I didn’t know what the result would be. It was a long jubilant phone conversation with a very excited lady who thanked us over and over with many congratulatory comments.

I must admit that I was a little emotional as I again began to write my article. In my now almost forty-eight years as an employee representative ,that was the first time I actually got tears in my eyes as someone thanked us and extended their sincere appreciation for what we, as a group, had accomplished.

What a fitting tribute as my career as a firefighter representative is coming to a close. Please see a reprint of Doris’s thank you note.
(A reprint of the ‘Thank you’ note we received in April 2009.)

Dear Mr. Warbrouck,

Even though I spoke to you over the phone, I wanted to write a little note to you.

Life has been much more enjoyable for us the last few days. When we learned that Governor Gregoire was going to sign a law that would guarantee that I would receive Karl’s monthly pension if he dies before I do, it was a tremendous relief.

When we got married in 1981, we were under the impression that upon Karl’s death I would receive his pension. We didn’t learn until Karl was around 75 years old that was not correct.

We had to be married for five years before Karl retired. At 75, it is difficult to make retirement plans for financial security.

We built a lovely home in 1984 and thoroughly explored all fifty states, not realizing my income would not even cover my living expenses.

I am very grateful for the time and effort you gave to bring about this new law. I got tears in my eyes and Karl was overjoyed.

A heavy weight was lifted from his shoulders and I feel a new sense of freedom.

Sincerely, Doris Strom

Karl and Doris were married twenty-eight years ago in 1981, after Karl’s retirement in 1970. Like many, they were confused regarding the various pension amendments and they were told that Doris would have a survivor pension after Karl’s death. After Karl built their house in 1984, they travelled and enjoyed a better quality of life than they would have had if they had known that upon Karl’s death, Doris’s income would not cover her living expenses.

They were later advised that Doris would not be eligible for a survivor pension because they were not married for five years before Karl’s retirement. Now, with no survivor pension and with very little Social Security as Doris was of a generation of stay-at-home moms, and Karl had very little Social Security as his primary career was in the fire service, they had to constantly worry about Doris’s future after Karl’s death. She would have to sell their small house, rent an apartment and live off the proceeds from the sale of the house.

With the downturn in the economy they lost most of their savings and with the value of their home being reduced substantially you can see why Karl was worried. Keep in mind that they were married for twenty-eight years with Doris looking after Karl in his later years and perhaps keeping him out of a retirement home. You can understand why they were so emotional and happy to hear about the passage of HB 1506, which would allow Karl to sign up for a survivor pension for Doris.

In June we went to their home, took their picture for the Newsletter and explained that Karl would have to sign up for the survivor benefit. He would then receive a small reduction in his current retirement check and explained that the law would not be effective until July 26, 2009. We also told him that he would have to submit an application for the new survivor benefit to his local pension board (Renton).

Now for the ironic and emotional ups and downs of the story: Karl had had previous heart problems. On July 23rd he was transported to the hospital and unfortunately he died on July 26th, the day the new survivor benefit was effective. Doris said she feels that Karl held on until he knew that she would be taken care of, he was just that type of a guy.

Now for the emotional ups and downs: When Doris called me and told me that Karl had died on July 26, 2009, I was saddened to hear of his passing but was pleased to hear that he didn’t pass on July 24th or 25th.

Doris thought she would get the survivor pension until I told her that Karl had to have made application for the new survivor benefit for her to be eligible. What a letdown. She didn’t know if he had submitted an application. She didn’t even have time to mourn as she was making phone calls and searching, hoping to find a copy of the application. She asked if there would be a carbon copy. I said no, he would have had to make a copy.

After failing to find a copy I asked her if she remembered receiving an application from his pension board. She again went on a search and couldn’t find any evidence of a letter or any application having been received.

I advised her to call a pension board representative and inquire about her pension. She did and told me that he advised her that she would get the full pension. This was incorrect. Perhaps he thought Karl had submitted an application. Even if he had, one board member can’t say yes or no. It would have to be approved by the board.

She later received a phone call with an apology stating that she would not receive the pension as no application was received and no board action was taken.

I then made some phone calls and found out that the board as of July 30th had not sent out any notification or application. In fact, Doris notified me on August 3rd that she just received a letter from the pension board with an application.

I took the position that the board had a fiduciary responsibility to get the applications out in advance of the effective date of the law, July 26, 2009, that Karl had expressed to us that he wanted the survivor option and that he had previously expressed to a pension board member his intention to sign up for the survivor option.

To bring a long story to a close I have heard unofficially that the board, including the Mayor of Renton has decided to do what is right. The have agreed to grant the survivor benefit to Doris Strom. However, I am patiently waiting for an official notification. Karl and Doris did join the RFFOW but this is another example of how we assist all retired firefighter and spouses, members or not.

With Ray Sanderson doing most of the work, Ray, myself and Steve Brown, Secretary of the Seattle Firefighters Pension Board, prepared a packet including information on HB 1506, questions and answers and a sample application that we sent to some local boards and to the LEOFF 1 Education Association for distribution to all local boards to assist them in preparing a similar mailing to their members.

If you are interested in the new survivor option and have not received any information from your board, it’s imperative that you forward a letter, keeping a copy, expressing your desire to apply for the new survivor option.

The Aberdeen board has decided to hold this up for another 30 days. It would be unfortunate if a member dies in the next thirty days and is denied due to the board inaction. This would raise the question of a fiduciary liability to the board.

We have been advised that the Retired Seattle Police Officers Association has dropped out of the Coalition. To my knowledge this leaves only two groups. One retired group, the Retired Deputy Sheriffs, who as a group has never been very visible in Olympia regarding LEOFF 1 issues.

The other group is the Seattle Firefighters Union Local 27, a member of the Washington State Council of Firefighters, which is their lobbying arm in Olympia. We work as close as we can with these two groups in Olympia. We are usually in support of their legislation and they assist us when possible.

I have heard that the Coalition will now increase the number of at-large positions on the board as there are only two organizations left to appoint their own representatives. This will result in only volunteers regardless of experience who share the same philosophy as the board being appointed by the board. What was well intended and started as a good idea has deteriorated into a rather insignificant organization.