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HomeMy WebLinkAboutCSEA - MOA - retiree health benefitsRESOLUTION 2009-580 ADOPTED DOC ID: 5132 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-580 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement dated June 22~ 2009 between the Town of Southoid and the CSEA, concerning retiree health benefits. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell , MARTIN D, FINNEGAN TOWN ATTORNEY marlAn,finnegan@town.southold.ny:us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jenni£er .andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765,6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED To.' From: Date: Subject: PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION MEMORANDUM Mr. John Cushman, Comptroller Martin D. Finnegan, Town Attorney July 1, 2009 Memorandum of Agreement (John Addamo) JUL 2 2009 Attached please find a copy of the fully executed Memorandum of Agreement dated June 22, 2009, concerning the referenced matter, which was approved by the Town Board at the June 30, 2009 meeting. A copy of the resolution approving this Agreement is also attached. Thank you for your attention. MDF/Ik Enclosures cc: Michael Krauthamer, Esq. (w/encls.) Mr. Tom Skabry, CSEA Union President (w/encls.~ Ms. Elizabeth Neville, Town Clerk (w/encls.) / Mr. James McMahon, DPW Director (w/encls.) Memorandum of Agreement made this 22nd day of June, 2009 by and between the Town ofSouthotd ~"Town") and the Civil Service Employees Association Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785 ("CSEA"). WHEREAS, Section 23.6 of the collective bargaining agreement provides that one of the eligibility requirements for an employee to receive retiree health insurance is to have been covered by the Town's health insurance plan for at least 10 years; and WHEREAS, Section 23.6 further provides that an employee who opts out of the health insurance promsion pursuant to the contractual health insurance declination bonus shall be considered a "covered employee under the Town's health insurance plan for purposes of determining eligibility for retiree health insurance"; and WHEREAS, John Addamo has filed for retirement effective July 31, 2009: and WHEREAS. Mr. Addamo, in accordance with Section 23.6 has been a '~covered employee under the Town's health insurance plan" since January 2000; and WHEREAS, Mr. Addamo was eligible for coverage under the Town's health insurance plan from November I, 1998 through December 3 I, 1999 but declined said coverage despite the fact the contractual health insurance declination bonus was not yet in effect; and WHEREAS, the parties agree that it would be inequitable not to include the period of November 1, 1998 through December 31, 1999 for purposes of calculating Mr. Addamo's eligibility for retiree health insurance pursuant to Section 23.6; and WHEREAS, Mr. Addamo has satisfied all the other eligibility requirements for retiree health insurance. NOW, THEREFORE, the parties agree as follows: Mr. Addamo shall be eligible for retiree health insurance pursuant to Section 23.6 of the collective bargaining agreement. Nothing contained herein shall be deemed as precedent setting or obligate the Town to enter into any similar agreements in the future. This document, its existence and contents, may not be cited in any other matter, such as, but not limited to, any grievance, arbitration, PERB conference or hearing or any other court related or administrative proceeding, except for an action to enforce its terms. This Agreement constitutes the entire agreement between the Town and the CSEA regarding its subject matter. No other promises have been made. This Agreement may not be modified except by a written agreement between the parties. This Agreement is subject to approval by the Town Board. In the event that the Board does not approve this Agreemem, then this Agreement shall become null and void and void and no adverse inference shall be drawn against either party by virtue of it having entered into the Agreement FOR THE CSEA Dated: ~'/~,~/t~ \