Cybersecurity and COVID-19

Concerns about the impact of COVID-19 individuals and the economy has resulted in a variety of efforts by some individuals to use email, text messages, telephone calls and postings on the Internet to persuade organizations and individuals to reveal financial and other confidential information to their detriment. 

Below are some of the types of messages that are currently being used in targeting government agencies, not-for-profits, businesses and individuals in an effort to obtain an organization's confidential data or information or an employee's or an individual's personal information.

A pop-up or message seeking to confirm or update the organization's or an employee's banking or other financial information. 

  

An email or text seeking contributions to "Fight the Coronavirus."*

A message offering investment opportunities in organizations "Fighting Coronavirus." 

A message seeking information to assist the organization or individual to apply for or receive an economic stimulus check or similar funds. 

Calls, emails, or other communications claiming to be from the FDIC or another federal agency or a state or municipal government organization offering COVID-19 related grants or payments upon receipt of certain financial information. 

Robocalls offering funds to organizations and businesses affected by the pandemic and selling "referral programs." 

Fraudulent checks from entities posing as a vendor.

The above information was provided by Mr. Heinan Landa, CEO and Founder of Optimal Networks, an IT services firm. Mr. Landa offers to discuss online security and what your organization can do to protect itself against COVID-19 generated scams. You may contact Mr. Landa by telephone  [240-506-5702] or email [hlanda@optimalnetworks.com].

* NYPPL received the e-mail set out below on April 23, 2020:

NOMZING TRADING N.G.O FOUNDATION
Thu, Apr 23 2020 3:06 PM

From: cvd19.relieffunds@sa. . . . .

ATTENTION:

This is pleading with all well meaning organizations and kind individuals to please come and let's join South Africa Government fight CORONA VIRUS (COVID 19) Through (NOMZING TRADING NGO FOUNDATION ) to enable us support the less privilege amongst us, So they can be able to buy Hand sanitizers, Face-Mask, Food, and other Items during this Lock-down period. It doesn't matter the country you're from, we are all one. Let's fight this together to spread love and support to our people, we can't leave this heavy load of The Pandemic to our Government alone, it is also our duty to be there for people that are not able to benefit from Government, they need our support at a time like this, Please you can support us with financial donations through the following account details, no amount is too small.

[Instructions for processing contributions deleted.]

N.B. A Google search for "NOMZING TRADING NGO FOUNDATION" reported:

"No results found for "NOMZING TRADING NGO FOUNDATION".

A CPLR challenge to an administrative determination is subject to a four-month statute of limitations

Challenges to the Retirement Systems' calculation of a member's pension benefit, an administrative determination, may be challenged to CPLR Article 78 but such a challenge is subject to a four-month statute of limitations.

In this Article 78 action a member of the New York City Teachers' Retirement System objected to the exclusion of his 2011 summer pay from the calculation of his pension benefit.* The member did not initiate a judicial challenge to the Retirement System's decision, which decision became final and binding upon member in October 2011, when he received his benefits letter from the Retirement System. 

In 2017 the member received a response to the member's inquiry concerning his pension benefit stating the "there is nothing further than can be done." 

In dismissing the member's Article 78 decision the Appellate Division opined that the Retirement System's response to the member's letter in 2017 "did not extend the [Article 78] limitations period" for bringing a timely action.

As the Appellate Division held in Baloy v Kelly, 92 AD3d 521, a request for reconsideration of an administrative determination neither extends nor enlarges the statute of limitation for filing a timely Article 78 petition.


* Essentially the retirement allowance payable to a retired member of a New York public retirement system consists of two part, a pension portion determined by the members "final average salary" and "years of service credit" and an annuity portion to which the member has made employee contributions.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2020/2020_01968.htm

Determining if a dispute between a public employer and a public employee organization is arbitrable

In this hybrid Article 75 proceeding the Board of Education [Board] sought a court order pursuant to CPLR article 75 permanently staying an arbitration. Supreme Court denied the petition and granted the Federation of Teachers' [Federation] motion to compel arbitration. The Appellate Division affirmed the Supreme Court's ruling.

Federation had filed a grievance alleging that the Board had violated a term and condition of the relevant collective bargaining agreement [CBA] between the parties by failing to enforce a parking space assignment set out in the CBA.

The Appellate Division, citing Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 153 AD3d 617, said that "Public policy in New York favors arbitral resolution of public sector labor disputes"  but that a dispute between a public sector employer and a public sector employee organization is only arbitrable if it satisfies a two-prong test.

The first prong of this two-point test to be satisfied is the absence of any statutory, constitutional, or public policy prohibition against arbitrating the grievance. If the court finds that there is no such prohibition against the arbitration, it must then determine if the parties agreed to arbitrate the particular dispute by examining their collective bargaining agreement.

In this instance the Board did not contend that arbitrating the Federation's grievance was barred by law or public policy. Accordingly, the issue to be addressed by the Appellate Division was whether the Board and Federation did, in fact, agree to arbitrate the particular dispute. To resolve this question the court must determine whether there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the CBA.

Recalling that in analogous cases "this Court had held that the arbitration provision of the CBA at issue here is broad,"* the Appellate Division concluded that there was "a reasonable relationship between the subject matter of the dispute, staff parking, and the general subject matter of the CBA, including conditions of employment" and affirmed the decision of the Supreme Court.

* See Board of Educ., Yonkers City School Dist. v Yonkers Fedn. of Teachers, 110 AD2d 897, 898-899; Matter of Board of Educ. of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 81 AD2d 585; and Matter of Board of Education of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 49 AD2d 753.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2020/2020_01343.htm

New York State Governor Cuomo waives the statutory 15-day "waiting period" for a public employee's effective date of retirement

New York State Comptroller DiNapoli requested the Executive Order* in order to safeguard benefits for families who may lose a loved one to COVID-19 before their service retirement can be made official. The Executive Order applies to member of the New York State and Local Retirement System.

“Many government workers are on the front lines battling the coronavirus in their communities every day,” DiNapoli said. “God forbid something should happen to them before their retirement becomes effective. Waiving the waiting period after filing for service retirement benefits ensures their families will get the benefits that were intended for them. My thanks to Governor Cuomo for acting on my request and taking steps to protect our heroic state and local workers and their families in these tough times.”

Under the existing law, members of the New York State and Local Employees Retirement System (NYSLRS) must wait 15 days before their service retirement date is effective. This window exists to give the member time to change their mind about their retirement, since the decision is irrevocable. If members of the Employees Retirement System were to die before the period was over, however, their service retirement would not be effective and their beneficiary would lose the retirement benefits the member wanted to provide for them.

Executive Order 202.18 authorizes a retroactive waiver of the 15 day waiting period to March 7, 2020, the date that the state emergency was declared, for members who have died of a COVID-related illness. The EO will enable the many members who are eligible to retire and experience the sudden onset of COVID-19, to choose an effective date of retirement that is less than 15 days from the date of filing. Beneficiaries of Police and Fire members already have the ability to choose service retirement benefits if the member dies before retirement is effective.

NYSLRS recommends that members place an effective date of retirement on their application or if filing using Retirement Online. Alternatively, members using a paper application may indicate “ASAP” in the effective date field and their retirement will be effective on the day after the application is filed with NYSLRS.

DiNapoli wrote to Governor Cuomo last week to request the Executive Order, which rescinds the 15-day window for NYSLRS’ members applying for service retirement during the current state of emergency through May 16, 2020.

* Click on the text in color to link to the full text of the referenced item.