How To Check If I Am Receiving The Correct Amount Of Differential

How to check whether I am receiving the correct amount of differential Step 1: Look at one of your paystubs just prior to your Injury on Duty. Look for the amount of gross earnings (say $2400 per two weeks) Look for the amount of taxes paid, this includes federal, state, and local income taxes, social security and medicare (say $800).  This amount will vary depending on your exemptions and family situation. Calculate the percentage taken out of your gross earnings for taxes.  In this case: 30%. Step 2: Calculate how much your gross earnings would be over a 40 hour week. Some people always work 40 hours per week, so for them this would be simply half of their biweekly pay stub (in the example $1200/week) But others regularly work overtime, have built-in overtime, or receive night differentials.  In that case, you simply multiply 40 times your hourly rate just before the date of your injury.  In our example we assume a fictional rate of $30/hour, so the gross earnings over 40 hours would be 40x30=$1200. (Note: if you were injured as the result of an assault, you are eligible for differential over your run pay.  In that case you can skip Step 2&3 and just use the amount of your gross earnings prior to your injury.) Step 3: Calculate your net take home pay over 40 hours Your net take home pay over 40 hours is your gross pay minus taxes.  In the example, you would take 30% of $1200 or $400 out for taxes.  Net take home pay would be $800. Step 4: Check how much comp you were being paid for what period If you were paid comp for a 100% disability, your weekly comp benefit will be $792.07 effective July 1, 2012.  As you will see, in the case of our example, there will only be $8 dollars differential owed.  In many instances, our members are not owed any differential if they receive full comp. However, very often members get comp for only 50% or 20% of the full amount.  The comp amount may also change from time to time.  You need to make a list of all periods and amount of comp received.  In our example, we will assume that the comp benefit was $500 per week throughout the period of disability. Step 5:  Calculate your differential owed. Differential is the difference between what you would take home net over 40 hours minus the comp received.  In our example: $800 (net take home pay) minus comp ($500) equals $300 per week net differential.   However, you need to pay taxes over your differential income.  Therefore, the Authority will “gross up” your net differential for an amount called the “gross differential.”  In our example, we found the member paid 30% of gross income in taxes.  The Authority will use this number to gross up the differential.  In our example, the Authority will pay a gross differential of about $428 and then deduct 30% of that amount for taxes ($128), for a net differential of $300.  (Mind you that we were are working with estimates on taxes owed.  At the end of the year, when you file your tax return, it may turn out you owe less than 30% in combined taxes because your income was lower while you were on comp.) Step 6: Here’s the trick You now expect to receive a differential check for $300 every week (or rather $600 every two weeks), but in all likelihood you will not.  This is because after the Authority has established the differential amount, it will continue to take deductions for other matters just like it does from your regular pay check.   These include: health benefits contribution, pension contribution, union dues, 401(k) contributions, repayment of MCU or NYCERS loans, child support garnishments etc.  As a result, there may not be much differential left as a cash benefit.  Of these, your 401(k) contribution is probably the only deduction you could put a stop on.  All other deductions are mandatory. There really is something wrong with my differential After you have done your calculations and find that there really is a mistake in the amount of differential you receive, you may call Saleh Altaheri of the TA Payroll Department at 646 252 6686.   If that does not resolve the matter, you may contact your union representative to file a grievance.   The grievance should state  that s. 2.7 of the collective bargaining agreement was violated; and that Grievant was not paid the proper amount of differential due (specify the period at issue).