PUBLIC NOTICE TOWN OF RIVERHEAD - to consider a local law amending Chapter 37 entitled “Retirement”

Event Date: 
Tue, 10/16/2012 - 7:10pm

 

PUBLIC NOTICE

TOWN OF RIVERHEAD

 

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 16th day of October, 2012 at 7:10 o’clock p.m. to consider a local law amending Chapter 37 entitled “Retirement” of the Riverhead Town Code as follows:

 

CHAPTER 37

ARTICLE III

 

EARLY RETIREMENT INCENTIVE PROGRAM FOR  

FOR ELIGIBLE FULL-TIME EMPLOYEES WHO ARE MEMBERS OF THE CIVIL SERVICE EMPLOYEES’ ASSOCIATION, INC.

 

Section 37-12 Legislative Intent and Findings:

            The Town of Riverhead is pleased to offer an early retirement incentive program (“ERIP”) in order to bridge budget deficits.  This plan is strictly voluntary, and is designed to support positive employee morale by reducing or eliminating the need for involuntary lay-offs. 

This ERIP is the result of a cooperative effort between the Town and the Civil Service Employees’ Association, Inc., Local 1000, AFSCME, AFL-CIO, Riverhead Unit of the Suffolk Local #852 (“the CSEA”).

 

Section 37-13  The Eligibility Group:

 

            The eligibility group is the set of individuals who will be offered the opportunity to participate in the ERIP.

 

Section 37-14  Eligibility Requirements:

 

  1. Full-time CSEA bargaining unit members who:  (i) have at least 20 years of credited service in the New York State Employees Retirement System (the NYSERS”) as of November 30, 2012 ; (ii) are eligible for and actually, retire and vest into the NYSERS on or before December 27, 2012; (iii) are at least 55 years of age at the time they retire into the NYSERS; (iv) are employed by the Town on the day before the effective date of their retirement; (v) are not resigning for purposes of retirement pursuant to any prior Stipulation of Agreement with the Town or any State-offered retirement or separation incentive or similar program; and (vi) are one of the employees to fully comply with all of the terms and conditions set forth in the Incentive.  Those employees shall be eligible to participate in this Incentive and shall be referred to as an “Eligible Employee.” 

 

  1. The Eligible Employee must deliver to the Supervisor, by no later than  November 30, 2012, an unaltered irrevocable letter of resignation for retirement purposes in the form attached to the Town Incentive-related documents prepared by the Town, referencing that resignation is to be effective on or before December 27, 2012.

 

  1. In order for this incentive to be activated, a minimum number of unit members, to be determined by the Town in its sole discretion on or about

November 30, 2012, must opt for the incentive.  In the event the incentive is not activated, any resignation letter tendered by an employee will be deemed null and void, and the Eligible Employee may continue working in the Town.  The employee may also elect to resign his/her position for retirement purposes, but will not receive the Incentive.

 

  1. This Incentive is effective solely for the 2012 calendar year.

 

  1. The Eligible Employee must, at the time of submitting the unaltered irrevocable letter of resignation for retirement purposes referenced in Section 37-14 (B) above, execute the unaltered Waiver and General Release of Claims form attached to the retirement incentive-related documentation prepared by the Town.

 

  1. An Eligible Employee shall forfeit eligibility for this Incentive if he/she opts for any retirement or separation incentive offered pursuant to New York State law during the 2012 calendar year. 

 

  1. Additional eligibility requirements are set forth elsewhere in this Agreement.

Section 37-15  BENEFIT:

 

A.   Fully paid health insurance premiums by the Town for a period of 48 months following an Eligible Employee’s resignation for all Eligible Employees who are enrolled in a family health insurance plan at the time of their retirement and who remain enrolled in a family health insurance plan for this 48 month period.  In the event an Eligible employee dies during this 48 month period, the Town shall pay 75% of the cost of health

 

 

insurance for the deceased Eligible Employee’s dependents, at the time of death, for the remaining months of this 48 month period of time, in accordance with applicable provisions of the New York State Health Insurance Program and applicable law. After the first 48 months, the Town’s contribution of health insurance premiums shall be as per Article X(1)(C) of the parties’ collective bargaining agreement.

 

-or-

 

B.   A lump sum payment of $400 per month, payable in quarterly installments, for a period of 48 months following an Eligible Employee’s retirement for all Eligible Employees who are enrolled in an individual health insurance plan at the time of their retirement, for which the Town contributes 100% of the premium cost, and who remain enrolled in an individual health insurance plan for this 48 month period.  In the event an employee dies during this 48 month period, the Town shall continue to make these payments to the employee’s estate for the remaining months of the 48 month period of time.

 

C.   Eligible Employees shall remain eligible for all payments for unused accumulated leave time pursuant to the parties’ collective bargaining agreement.  Payment will be made within 30 days following the Eligible Employee’s retirement date, as determined by the NYSERS, for all time which does not exceed an amount of paid time which equates to the value of the full time weeks (to be determined by the Eligible Employee’s regular work week as of the date of retirement) remaining in the calendar year following the Eligible Employee’s retirement.  Payments for leave which exceeds the value of full weeks remaining in the calendar year will be paid in January 2013. 

     

D.   INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:

 

Notwithstanding anything to the contrary in the collective bargaining agreement(s) between the Town and the CSEA, any Eligible Employee who opts for this Incentive shall be deemed ineligible for any resignation or retirement incentive provided for in that collective bargaining agreement.

 

E.   RATIFICATION AND APPROVAL:

 

The terms and conditions of this Incentive are subject to ratification and approval by the Town Board on October 16, 2012.

 

 

 

 

F.    INVALIDITY OR ILLEGALITY:

 

If any provision of this Incentive is deemed to be invalid by any court, administrative agency or other neutral of competent jurisdiction, then this entire Incentive shall be deemed null and void from its inception.

 

·         Underline represents addition(s)

 

 

Dated:  Riverhead, New York

              October 2, 2012

BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, TOWN CLERK