Westfield Mayor: Officer's Widow Never Going To Lose Healthcare

WESTFIELD, NJ - According to Westfield Mayor Shelley Brindle the family of Eric Lieberman has never been in danger of losing their healthcare. Last week Eric Lieberman's widow Tammy, a woman battling stage IV breast cancer, spoke about her struggles trying to keep her healthcareafter the passing of her husband.

According to the PBA contract, since Eric Lieberman died before officially retiring there is not a mandate his family receive benefits. The New Jersey Police and Fireman's Retirement System gives municipalities discretion to decide on the provision of benefits.

Brindle, in a statement released Monday, said that she did not release the details of the situation lightly, but wanted to add further clarity:

"First and foremost, contrary to some reports, the Lieberman family has never been in danger of losing their health insurance. Our focus since Detective Lieberman’s untimely death has been on finding a resolution to this terrible and rare situation, well before any media attention was involved. The following is intended to summarize the issue at hand and communicate how we plan on resolving it in collaboration with our PBA partner.

To reiterate, we are trying to solve for a horrific circumstance where Detective Lieberman tragically died in May at the age of 47, leaving behind a spouse and two sons. This specific scenario -- one in which a police officer who was eligible to retire, but for his own reasons elected not to do so, and died as an active employee -- is not one that has ever occurred in Westfield, which is why it hasn’t previously been contemplated in the Town’s union contracts.

Mrs. Lieberman, as her husband’s beneficiary, is receiving the following benefits provided by the State of New Jersey Division of Pensions and Federal law that apply to active officers regardless of retirement eligibility:

• A life insurance payout at 3.5 times her husband’s annual salary
  
• Approximately 80% of her husband’s pension for life
  
• Three years of COBRA health insurance, if she elects to accept it, with a market rate premium contribution (which is about double what Detective Lieberman was paying as an officer)
  

These are the same benefits offered to, and accepted by, the families of our fallen firefighters, three of whom we lost in the last eight years. The intention of the higher life insurance payout for active officers is to provide financial peace of mind for the family, including offsetting costs for things like increases in healthcare premiums.

For context, if Detective Lieberman had been retired when he passed away, Mrs. Lieberman would have received the following:

• A life insurance payout of 1.5 times, instead of 3.5 times, her husband's salary
  
• 100% of her husband’s pension for life
  
• Health insurance benefits until the age of 65 with a reduced contribution (about 30% of the COBRA premium)
  

I am sharing this context so that the public may understand that each provision relates to another, and it is hard to solve for one issue without unintended consequences for another one.

That being said, Detective Lieberman’s untimely death revealed an unintended gap in our health insurance benefit plan for the families of retirement eligible officers who die while still employed by the Town. Fortunately, we have the opportunity to address this gap as we are in the process of finalizing our FMBA (Firemen’s Mutual Benevolent Association) contract, and are entering into negotiations with the PBA, whose contract expires at the end of this month. As a result, we have already been working on solutions with both unions to close the financial gap in coverage that this experience has revealed.

Regarding Mrs. Lieberman, we had already let her know that if she elects COBRA coverage, no contribution is required in 2019 before April 1, at a minimum, to allow the Town and the PBA to agree on a solution for her family and any other similar situation that may happen in the future. Any report that the Town is expecting a $25,000 health insurance premium payment in January is simply untrue.

Lastly, while many who are less informed about the actual facts are demanding an immediate solution, please know that I am not able to do this unilaterally and without the partnership of the PBA and the input of the Town Council – nor would it be appropriate for me to do so. There is no daylight between the Town and the PBA, which represents all of our police officers, regarding our mutual commitment to doing the right thing for the Lieberman family and for all of those who bravely serve. Any solution we reach concerning contribution rates and length of coverage will be retroactive to January 1, 2019 and apply to the Lieberman family."

Some of Brindle's statement runs counter to what Tammy Lieberman believed to be true.

In an email, dated Nov. 21 Westfield PBA President Paul Ferry said that their hands are tied.

"I have gone over our contract several times and there is just no language that governs deceased active members and their families. I don't understand how this has been such an oversight in all these years, but unfortunately it has been," Ferry said.

Ferry said in that email that officials in Westfield were trying to help the Lieberman family, and in fact had exceeded their legal obligation.

"I have spoken with several people, including the Town Administrator who assures me he has done everything permissible and then some for you under federal statute and a bit more. He explained he has done everything he could to help and was happy to do so," Ferry said. "I have even called the State PBA Office and we have gone over the contract together over the phone, there just isn't anything there for us to fight that's winnable."

In another email dated Nov. 24, Ferry said that while he might not agree with what is happening, there is nothing in writing that can be enforced.

"I can't believe a detail like this has been overlooked by so many people before me, but now I will certainly look to change the writing on the wall for future generations of officers that serve this community and god forbid pass away unexpectedly," Ferry said.

There was never any talk to the Lieberman family being part of a retroactive change during those exchanges.

As for Brindle's assertion that the Town was not expecting $25,000 in January, an email from Business Administrator James Gildea sent to Tammy Lieberman on July 31 described the COBRA situation:

"As discussed,starting January 1, 2019, you will be able to keep the same health benefits by paying the full cost of COBRA to be determined in January 2019. Based on current rates for medical coverage for the Parent and Children category the annual rate would be in the area of $25,000 per year," Gildea wrote.

For her part, Brindle closed her with a personal message:

"This has been a tough few weeks for the fine men and women of our police department who continue to grieve the loss of one of their own. I have seen first-hand their grief and commitment to honor Detective Lieberman’s memory, and have heard from many of them how discouraging it is to have the PBA and the Town administration be accused of abdicating their responsibility for his family’s care.

I gave Tammy Lieberman my personal commitment to ensure her family would be cared for when I first spoke to her several months ago. As the daughter of a young widow myself, I recognize the fear of a mom who is afraid of leaving her children parentless and I am committed to providing her peace and security.

Thanks to everyone in our community for your care, compassion and concern."

(Photo courtesy of Westfield)

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