HomeMy WebLinkAboutRetirement of the Riverhead Town code Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
February 17, 2011
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which were adopted by the
Riverhead Town Board at a Regular Town Board meeting on February 15, 2011
Res. #140-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 37 ENTITLED "RETIREMENT" OF THE
RIVERHEAD TOWN CODE (Article II)
Res. #141-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 37 ENTITLED "RETIREMENT" OF THE
RIVERHEAD TOWN CODE (Article III)
Res. #142-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 37 ENTITLED "RETIREMENT" OF THE
RIVERHEAD TOWN CODE (Article IV)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at
Ext. 260
Sincerely,
%
Diane M. Wilhelm
Town Clerk
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Office,
February 17, 2011
We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to the
Office of the Riverhead Town Clerk. (Resolutions# 140, 141 and 142 bom Town Board Meeting 2.15.1 I)
Sincerely,
Signature:
DW:cd
Diane M. Wilhelm
Town Clerk
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 ExL 260 ~ Fax (631)208-4034
02.15.2011 ADOPTED
110140
TOWN OF RIVERHEAD
Resolution # 140
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 37
ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE
(Article II)
Councilwoman Gi.qlio offered the following resolution,
which was seconded by Councilman Dunleavy
RESOLVED, that the Town Clerk be and is hereby authorized to publish the
attached public notice once in the February 17, 2011, issue of the News-Review, the
newspaper hereby designated as the official newspaper for this purpose, and also to
cause a copy of the proposed local law amending Chapter 37 entitled "Retirement" of
the Riverhead Town Code to be posted on the sign board of the Town; and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a certified copy of
same may be obtained from the Office of the Town Clerk.
THE VOTE
Giglio []Yes r-lNo Gabrielsen [~]Yes I--INo
Wooten [~Yes [--~No Dunleavy []Yes [--~No
Walter []Yes DNo
The Resolution Was [] Thereupon Duly Declared Adopted
Z:McCormick~RESOLUTIONS~2-15-1 l Setting Public Hearing to Amend Chap.37-Retirement Article I1
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 1st day of March 2011 at 2:25 o'clock p.m. to consider a local law amending
Chapter 37 entitled "Retirement" of the Riverhead Town Code as follows:
CHAPTER 37
ARTICLE II
EARLY RETIREMENT INCENTIVE PROGRAM
FOR ELIGIBLE NON-UNION FULL-TIME EMPLOYEES
Section 37-8 Legislative Intent and Findings:
The Town of Riverhead is pleased to offer an early retirement incentive program
("ERIP") in order to bdd,qe 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 will allow the Town to achieve financial goals and
objectives while supporting those employees who wish to move into retirement.
Section 37-9 The Eligibility Group:
The eligibility group is the set of individuals who will be offered the opportunity to
participate in the ERIP.
Section 37-10 Eligibility Requirements:
Full-time Non-Union employees who: (i) have at least 20 years of
credited service in the New York State Employees Retirement System
(the NYSERS") as of March 15, 2011; (ii) are eligible for and actually
retire and vest into the NYSERS on or before May 26, 2011; (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 pdor 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
Z:McCormick\RESOLUTIONS~2-15-11 Setting Public Heating to Amend Chap.37-Retirement Article II
forth in the Incentive. Those employees shall be eligible to participate in
this Incentive and shall be referred to as an "Eligible Employee."
The Eligible Employee must deliver to the Supervisor, by no later than
May 2, 2011, 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 May 26, 2011.
In order for this Incentive to be activated, a minimum number of non-
union Eligible Employees, to be determined by the Town in its sole
discretion on or about May 2, 2011, must opt for the incentive. In the
event the incentive is not activated, any resignation letter tendered by an
Eligible Employee will be deemed null and void and the Eligible
Employee may continue working in the Town. The Eligible Employee
may also elect to resign his/her position for retirement purposes, but will
not receive the Incentive.
This Incentive is effective solely for the 2011 calendar year.
The Eligible Employee must, at the time of submitting the unaltered
irrevocable letter of resignation for retirement purposes referenced in
Section 37-10 (B) above, execute the unaltered Waiver and General
Release of Claims form attached to the retirement incentive-related
documentation prepared by the Town.
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 2011 calendar year.
Additional eligibility requirements are set forth elsewhere in this
Agreement.
Section 37-11 BENEFIT:
A. Fully paid health insurance premiums by the Town for a period of 48
months following an Eligible Employee's retirement for all Eligible
Employees who ara 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
Z:McCormick\RESOLUT1ONS~2-15-11 Setting Public Heating to Amend Chap.37-Retirement Article II
B. 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 current
Town policy and/or contract which established the Eligible Employee's
terms and conditions of employment.
C. A lump sum payment of $400 per month, payable in quarterly installments,
for a pedod of 48 months following an 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 Eliqible Employee dies
dudng this 48 month period, the Town shall continue to make these
payments to the Eli.qible Employee's estate for the remaining months of
the 48 month pedod of time.
Eligible Employees shall remain eligible for all payments for unused
accumulated leave time pursuant to current Town policy and/or contract
which established the Eligible Employee's terms and conditions of
employment. 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 2012.
E. INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:
Notwithstanding any Town resolution, policy or procedure to the contrary,
any Eligible Employee who opts for this Town Incentive shall be deemed
ineligible for any resignation or retirement incentive provided for in that
resolution, policy or procedure.
F. RATIFICATION AND APPROVAL:
The terms and conditions of this Incentive were ratified and approved by
the Town Board on March 15, 2011.
Z:McConnick\RESOLUTIONS~-I 5-11 Setting Public Heating to Amend Chap.37-Retirement Article II
G. 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
February 15, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
Z:McCormick\RESOLUTIONS~2-15-l 1 Setting Public Hearing to Amend Chap.37-Retirement Article 1I
02.15.2011
110141
ADOPTED
TOWN OF RIVERHEAD
Resolution # 141
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 37
ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE
(Article III)
Councilman Dunleavy offered the following resolution,
which was seconded by Councilman Wooten
RESOLVED, that the Town Clerk be and is hereby authorized to publish the
attached public notice once in the February 17, 2011, issue of the News-Review, the
newspaper hereby designated as the official newspaper for this purpose, and also to
cause a copy of the proposed local law amending Chapter 37 entitled "Retirement" Of
the Riverhead Town Code to be posted on the sign board of the Town; and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a certified copy of
same may be obtained from the Office of the Town Clerk.
THE VOTE
Giglio J~]Yes [--INo Gabrielsen [~Yes [--INo
Wooten [~Yes [--INo Dunleavy []Yes [--INo
Walter []Yes [--INo
The Resolution Was [] Thereupon Duly Declared Adopted
Z:McCormick\RESOLUTIONSk2-15-11 Setting Public Hearing to Amend Chap.37-Retirement Article III
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public headng will be held before the Town
Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue,
Riverhead, New York, on the 1st day of March 2011 at 2:30 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 stdctly 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:
A. 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 March 15,2011; (ii) are eligible for and actually,
retire and vest into the NYSERS on or before May 26, 2011; (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
Z:McCormicE~R. ESOLUTIONSL2-15-I 1 Setting Public Hearing to Amend Chap.37-Retire~aent Article III
prior Stipulation of Aqreement 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."
The Eligible Employee must deliver to the Supervisor, by no later than
May 2, 2011, 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 May 26, 2011.
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
May 2, 2011, must opt for the incentive. In the event the incentive is not
activated, any resignation letter tendered bv an employee will be deemed
null and void, and the Eligible Employee may continue workin.q in the
Town. The employee may also elect to resign his/her position for
retirement purposes, but will not receive the Incentive.
This Incentive is effective solely for the 2011 calendar year.
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.
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 2011 calendar year.
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
Z:McCormick~O,.ESOLUTIONSL2-15-I 1 Setting Public Hearing to Amend Chap.37-Retirement Article Ill
B. 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.
C. A lump sum payment of $400 per month, payable in quarterly installments,
for a period of 48 months followinq 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
D=
dudng 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.
Eliaible Employees shall remain eligible for all payments for unused
accumulated leave time pursuant to the parties' collective barqaining
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 Eliqible Employee's retirement. Payments for leave which
exceeds the value of full weeks remaining in the calendar year will be paid
in January 2012.
E. INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:
Notwithstanding anything to the contrary in the collective bar.qaining
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.
RATIFICATION AND APPROVAL:
The terms and conditions of this Incentive were ratified and approved by
the Town Board on March 15, 2011.
Z:McConnick\RESOLUTIONS~2-15-11 Setting Public Hearing to Amend Chap.37-Retirement Article Ill
G. INVALIDITY OR ILLEGALITY:
If any provision of this Incentive is deemed to be invalid by any court,
administrative agency or other neutral of competent iurisdiction, then this
entire Incentive shall be deemed null and void from its inception.
· Underline repmsentsaddition(s)
Dated: Riverhead, New York
February 15, 2011
BY ORDER Of THE TOWN BOARD
Of THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
Z:McCormickLRESOLUTIONSL2-15-11 Setting Public Hearing to Amend Chap.37-Refirement Article Ill
02.15.2011
110142
ADOPTED
TOWN OF RIVERHEAD
Resolution # 142
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICF
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 37
ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODF
(Article IV)
Councilman Wooten offered the following resolution,
which was seconded by Councilman Dunleavy
RESOLVED, that the Town Clerk be and is hereby authorized to publish the
attached public notice once in the February 17, 2011, issue of the News-Review, the
newspaper hereby designated as the official newspaper for this purpose, and also to
cause a copy of the proposed local law amending Chapter 37 entitled "Retirement" of
the Riverhead Town Code to be posted on the sign board of the Town; and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a certified copy of
same may be obtained from the Office of the Town Clerk.
THE VOTE
Giglio [~Yes [--INo Gabrielsen [~Yes [-]No
Wooten ~;~Yes r-~No Dunleavy [~Yes I--INo
Walter [~Yes I--]No
The Resolution Was [] Thereupon Duly Declared Adopted
Z:McCormick\RESOLUTIONS~-I 5-11 Setting Public Hearing to Amend Chap.37-Retirement Article IV
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public headng will be held before the Town Board of the
Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York,
on the 1st day of March 2011 at 2:35 o'clock p.m. to consider a local law amending
Chapter 37 entitled "Retirement" of the Riverhead Town Code as follows:
CHAPTER 37
ARTICLE IV
EARLY RETIREMENT INCENTIVE PROGRAM
FOR ELIGIBLE FULL-TIME POLICE OFFICERS WHO ARE MEMBERS OF THE
RIVERHEAD POLICE BENEVOLENT ASSOCIATION, INC., (PBA)
Section 37-16 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 of Riverhead ('~the
Town"), and the Riverhead Police Benevolent Association, Inc., ("the PBA").
Section 37-17 The Eligibility Group:
The eligibility group is the set of individuals who will be offered the opportunity to
participate in the ERIP.
Section 37-18 Eligibility Requirements:
A. Full-time PBA bargaining unit members who.' (i) have at least 20 years of
credited service in the New York State Police and Fire Retirement System
('1he NYSPFRS") as of March 15, 2011; (ii) are eligible for and actually
retire and vest into the NYSPFRS on or before May 26, 2011; (iii) are
employed by the Town on the day before the effective date of their
retirement; (iv) 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 (v) 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."
Z:McCormick\RESOLUTIONSL2-15-11 Setting Public Hearing to Amend Chap.37-Retirement Article IV
The Eliqible Employee must deliver to the Supervisor, by no later than
May 2, 2011, 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 May 26, 2011.
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
May 2, 2011, 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.
This Incentive is effective solely for the 2011 calendar year.
The Eligible Employee must, at the time of submitting the unaltered
irrevocable letter of resignation for retirement purposes referenced in
Section 37-18 (B) above, execute the unaltered Waiver and General
Release of Claims form attached to the retirement incentive-related
documentation prepared by the Town.
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 2011 calendar year.
G. Additional eligibility requirements are set forth elsewhere in this
Agreement.
Section 37-19 BENEFIT:
Fully paid health insurance premiums by the Town for a period of 48
months following an Eligible Employee's retirement 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 pedod. In the event an Eligible Employee dies
during this 48 month pedod, the Town shall pay 75% of the cost of health
insurance for the deceased 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 II1(1)(A)
of the parties' collective bargaining agreement.
-or-
Z:McCormick\RESOLUTIONS~2-15-I 1 Setting Public Hearing to Amend Chap.37-Retirement Article IV
A lump sum payment of $400 per month, payable in quarterly installments,
for a pedod of 48 months following an employee's retirement for all Eliqible
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 Eligible Employee dies
durinq this 48 month period, the Town shall continue to make these
payments to the Eligible Employee's estate for the remaininq months of
this 48 month period of time.
Eligible Employees shall remain eligible for the "Severance" payment
pursuant to Article XV of the parties' collective bargaining agreement
except that Eligible Employees shall not be required to provide four
months notice of their intent to retire. Instead, Eligible Employees shall
receive the "Severance" payment provided they comply with the notice
provisions of the Incentive set forth in Section 37-18 (B) and (E) above.
D. INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:
Notwithstanding an~hing to the contrary in the collective bargaining
agreement(s) between the Town and the PBA, 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 were ratified and approved by
the Town Board on March 15, 2011.
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
February 15, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
Z:McCormick\RESOLUTIONS~-15-11 Setting Public Hearing to Amend Chap.37-Retirement Article IV