HomeMy WebLinkAboutTOR RES 780 Office of the Town Clerk
Diane M. lYilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
October 4, 2012
Suffolk County Planning Department
LJ. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on October 2, 2012
Resolution #780- 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)
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
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 Officer
October 4, 2012
We would appreciate your signing this letter acknowledging receipt of the Resolution and returning it
to the Office of the Riverhead Town Clerk. (Resolution# 780) from Town Board Meeting 10.2.12)
Sincerely,
Diane M. Wilhelm
Town Clerk
Signature: ~Z ...'/~- date: ID
DW:cd
200 Howell Avenue - Riverhead, New York 1190t- (631)727-3200 Ext, 260 ~ Fax (631)208-4034
10,0212 ADOPTED
120780
TOWN OF RIVERHEAD
Resolution # 780
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)
Councilwoman Gi,qlio 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 October 11, 2012, 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 [~]No Gabrielsen [~]Yes E~]No
Wooten [~Yes r-]No Dunleavy ABSENT
Walter []Yes []No
The Resolution Was [] Thereupon Duly Declared Adopted
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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
desiqned to support positive employee morale by reducing or eliminatinq 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 Eti,qibility Group:
The eliqibilitv 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 November 30, 2012; (ii) are eligible for and actually,
retire and vest into the NYSERS on or before December 271 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
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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 "Eliqible Employee."
The Eligible Employee must deliver to the Supervisor, by no later than
November 30, 2012, an unaltered irrevocable letter of resiqnation 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.
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.
This Incentive is effective solely for the 2012 calendar year.
The Eligible Employee must, at the time of submitting the unaltered
irrevocable letter of resiqnation 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 2012 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 Eliqible
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 Eliqible employee dies
during this 48 month period, the Town shall pay 75% of the cost of health
Z:McCormick\RESOLUTIONS\10-16-12 Setting Public Hearing to Amend Chap.37-Retirement Article Ili
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.
-er-
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.
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 Eliqible Employee's regular
work week as of the date of retirement) remaining in the calendar year
followin,q 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 barqaining
agreement(s) between the Town and the CSEA, any Eligible Employee
who opts for this Incentive shall be deemed ineliqibte 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 subiect to ratification and
approval by the Town Board on October 16, 2012.
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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 iurisdiction, then this
entire Incentive shall be deemed null and void from its inception.
Underline represents addition(s)
Dated: Riverhead, NewYork
October 2, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
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