{"id":19282,"date":"2013-01-24T15:31:29","date_gmt":"2013-01-24T20:31:29","guid":{"rendered":"https:\/\/flsentinel.com\/?p=19282"},"modified":"2013-01-24T15:32:01","modified_gmt":"2013-01-24T20:32:01","slug":"city-sues-widow-over-death-benefits-mistake","status":"publish","type":"post","link":"https:\/\/flsentinel.com\/?p=19282","title":{"rendered":"City Sues Widow Over Death Benefits Mistake"},"content":{"rendered":"<p>The cover-up of an error in death-benefit payments has cost two employees their jobs, and now the city is suing the recipient of the benefits.<\/p>\n<p>One high paid administrator was fired and another resigned after it was discovered that the city had paid more than $140,500 to the widow of a former water department technician.<\/p>\n<p>The widow, <strong>Emma Winters<\/strong>, is being sued by the city, who received the benefits after her husband, <strong>Jerry Winters (pictured),<\/strong> passed.<\/p>\n<p>City officials said City Pension Supervisor, <strong>Andrea Noriega<\/strong>, and her boss, Accounting Operations Manager, <strong>Marlene Herrera<\/strong>, kept the mistake to themselves for five months, after the error had been discovered. They allege that <strong>Mrs. Winters<\/strong> cashed the checks that were sent to her by mistake after her husband\u2019s death.<\/p>\n<p>The city filed the lawsuit January 11<sup>th<\/sup> in an effort to force <strong>Mrs. Winters<\/strong> to pay back the money. According to city officials, <strong>Mrs. Winters<\/strong> said she can\u2019t repay the money.<\/p>\n<p><strong>Jerry Winters<\/strong> had been a 17-year employee of the city. At the time of his death, he was vice president of Local 1464 for the Amalgamated Transit Union (ATU), which represents city workers other than police and fire department employees.<\/p>\n<p>According to reports, <strong>Winters<\/strong> was set to be named president before he died in his sleep on September 11, 2011.<\/p>\n<p>The city\u2019s contract with the union guaranteed <strong>Mrs.<\/strong> <strong>Emma Winters<\/strong> a one-time death benefit payment equal to her husband\u2019s annual salary of $53,851, after taxes. She was also guaranteed a monthly pension benefit.<\/p>\n<p><strong>Mrs. Winters<\/strong> said since receiving news about the lawsuit, she has not been able to find an attorney to help her.<\/p>\n<p>\u201cAs far as the checks are concerned, I didn\u2019t know what my husband was earning, and when I got the checks, I thought they were mine. I really think it was the city that made the mistake, and they are trying to make me pay for their mistake.\u201d<\/p>\n<p><strong>Mrs. Winters<\/strong> said she and her husband were married for 24 years, and both had children from previous relationships.<\/p>\n<p>\u201cI barely had time to grieve when they started sending me the checks. <strong>Jerry <\/strong>passed in September, and I got the first check in December.<\/p>\n<p>\u201cNo one with the city has talked to me about arranging to pay the money back in any way.\u00a0 I keep telling them I don\u2019t have it, and that I used it to cover medical bills, help out some family members, and change some things in my house, because there were too many memories of my husband still there. I knew if I was going to stay in that house, some things had to change.\u201d<\/p>\n<p><strong>Mrs. Winters<\/strong> said she has worked as a custodian at a local school for 23 years, and she\u2019s considering retiring soon.<\/p>\n<p>ATU Local 1464 President, <strong>Effrem Green<\/strong>, said <strong>Mrs. Winters<\/strong> broke off communication with them some time ago.<\/p>\n<p>\u201cWe did provide her some financial relief at the time, and a package from the national ATU office.<\/p>\n<p>\u201cAs far as <strong>Mr. Winters<\/strong> was concerned, he was a great guy, especially when it came to international and lobbying procedures. He is well missed, and was so knowledgeable when it came to the way a union operates.<\/p>\n<p>\u201cHe would have been president, and I would have been vice president.\u201d<\/p>\n<p>City Finance Director, <strong>Sonya Little<\/strong>, said part of their effort was to have <strong>Mrs. Winters<\/strong> contact them to arrange a way to get the funds back.<\/p>\n<p>\u201cThis is not a step we wanted to take, but we were obligated because of the nature of the funds to get them back.<\/p>\n<p>\u201cWe aren\u2019t being insensitive to <strong>Mrs. Winters<\/strong>. This is just a step we are obligated to pursue. We are still willing to negotiate with her on a payment plan to recover the money.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The cover-up of an error in death-benefit payments has cost two employees their jobs, and now the city is suing the recipient of the benefits. One high paid administrator was fired and another resigned after it was discovered that the city had paid more than $140,500 to the widow of a former water department technician. [&hellip;]<\/p>\n","protected":false},"author":210,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-19282","post","type-post","status-publish","format-standard","hentry","category-local-news","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/posts\/19282","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/users\/210"}],"replies":[{"embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19282"}],"version-history":[{"count":0,"href":"https:\/\/flsentinel.com\/index.php?rest_route=\/wp\/v2\/posts\/19282\/revisions"}],"wp:attachment":[{"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19282"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19282"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/flsentinel.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19282"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}