On December 19, 2014, the Tax Increase Prevention Act (TIPA) was
signed into law. The legislation retroactively increased the maximum,
nontaxable amount of the transportation fringe benefit from $130 per month to
$250 per month for calendar year 2014, although it did nothing to extend that
benefit into 2015.
Article 57 of the parties’ Collective Bargaining Agreement
requires the EPA to “support the transit subsidy program to the maximum
allowable as a tax-free benefit under the Internal Revenue Service Code.”
After TIPA was enacted, NTEU contacted EPA to ascertain whether
the agency would pay retroactive transit subsidies to employees for 2014.
On February 18, 2015, EPA informed NTEU that the agency will not be providing a
retroactive transit subsidy for 2014. Consequently, NTEU has a national grievance against EPA seeking to recover retroactive transit
subsidy benefits for bargaining unit employees who incurred public transit
costs of more than $130 per month and up to $250 per month in commuting
costs. In accordance with Article 57 the parties’ Collective Bargaining
Agreement, EPA must pay the difference between the $130 monthly transportation
subsidy and up to the retroactive monthly subsidy of $250 to employees who paid
more than $130 per month in public transportation costs for the period of
January 1, 2014 through December 31, 2014.
NTEU recently received favorable FLRA decisions in both HHS and
CBP concerning retroactive transit subsidies, and we expect a similar outcome
with our national grievance against EPA.
For more information, contact:
Amer Al-Mudallal, President
NTEU Chapter 280 202-566-2789
Amer Al-Mudallal, President
NTEU Chapter 280 202-566-2789
