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HomeMy WebLinkAboutTOR RES 241 r' . 5! G_ Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 4, 2014 We would appreciate your signing this letter acknowledging receipt of the Resolution and emailing it back to wilhelm townofriverheadnv gov. (Resolution# 241 from Town Board Meeting 4.1.2014) Sincerely, Diane M. Wilhelm Town Clerk Signature: date:W~4 DW:cd 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 April 4, 2014 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 was adopted by the Riverhead Town Board at a Regular Town Board meeting on April 1, 2014 Resolution #241-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 37 ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE (Article V) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, hul~ Y/(•A Diane M. Wilhelm DMW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 ti Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 4, 2014 We would appreciate your signing this letter acknowledging receipt of the Resolution and emailing it back to wil helm a")townofriverhead ny.aov. (Resolution# 241 from Town Board Meeting 4.1.2014) Sincerely, % • Aka- Diane M. Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 04.01.14 ADOPTED 140241 TOWN OF RIVERHEAD Resolution # 241 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 Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice once in the April 10, 2014, 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 ?No Wooten ®Yes ?No Dunleavy ?Yes ?No Walter ®Yes ?No The Resolution Was ® Thereupon Duly Declared Adopted 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V 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 6th day of May, 2014, at 2:05 p.m., to consider a local law amending Chapter 37 entitled "Retirement" of the Riverhead Town Code as follows: CHAPTER 37 ARTICLE V EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE FULL-TIME EMPLOYEES WHO ARE POLICE OFFICERS AND MEMBERS OF THE RIVERHEAD POLICE BENEVOLENT ASSOCIATION INC (PBA) OR MEMBERS OF THE SUPERIOR OFFICERS ASSOCIATION INC., (SCA) OR ELIGIBLE FULL-TIME EMPLOYEES WHO ARE MEMBERS OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION. INC., (CSEA) OR ELIGIBLE FULL-TIME EMPLOYEES PURSUANT TO INDIVIDUAL CONTRACT/RESOLUTION Section 37-24 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 among the Town of Riverhead (Town), the Riverhead Police Benevolent Association. Inc. (PBA): the Riverhead Superior Officers Association. Inc., (SOA); and the Civil Service Employees Association Inc., (CSEA), as well as full-time employees pursuant to individual contract/resolution Section 37-25 The Eligibility Group: The eligibility group is the set of individuals who will be offered the opportunity to participate in the ERIP. Section 37-26 Eligibility Requirements: A. Full-time PBA or SOA bargaining unit members who: 6) have at least 20 Vars of credited service in the New York State Police and Fire Retirement System ("the NYSPFRS") as of May 21 2014: (ii) are eligible for and actually retire and vest into the NYSPFRS on or before December 31St 2014; (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 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V 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 or B. Full-time CSEA bargaining unit members who: (i) have at least 20 years of credited service in the New York State and Local Retirement System (NYSLRS) as of May 21 2014; (ii) and will be at least 55 Vears of age on the retirement effective date; (iii) are eligible for and actually retire and vest into the NYSLRS on or before December 31St 2014 (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 anv 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 complV 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 or C. Full-time employees pursuant to individual contract/resolution who: (i) have at least 20 years of credited service in the New York State and Local Retirement System (NYSLRS) as of May 21 2014; (ii) and will be at least 55 years of age on the retirement effective date NO are eligible for and actually retire and vest into the NYSLRS on or before December 31St 2014: (iv) are emploved bV 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" D. The Eligible Employee must deliver to the Town Supervisor, by no later than September 3 2014, an unaltered irrevocable letter of resignation for retirement purposes in the form attached to the Town Incentive-related documents prepared bV the Town referencing that retirement is to be effective on or before December 31, 2014 E. In order for this incentive to be activated a minimum number of respective unit members and/or employees to be determined by the Town in its sole discretion on or about September 16, 2014, must opt for the Incentive In the event the Incentive is not activated anv 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 F. This Incentive is effective solely for the 2014 calendar year. G. The Eligible Employee must at the time of submitting the unaltered irrevocable letter of resignation for retirement purposes referenced in 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V Section 37-26 (D) above execute the unaltered Waiver and General Release of Claims form attached to the retirement incentive-related documentation prepared by the Town. H. An Eligible Employee shall forfeit eligibility for this Incentive if he/she opts for anV retirement or separation incentive offered pursuant to New York State law during the 2014 calendar year. 1. Additional eligibility requirements are set forth elsewhere in this Agreement. Section 37-27 BENEFIT: A. Fully paid health insurance premiums by the Town for a period of forty- eight (48) months following an Eligible EmploVee'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 forty-eight (48) month period In the event an Eligible Employee dies during this forty-eight (48) month period the Town shall pay twenty-five percent (25%) of the cost of health insurance for the deceased employee's eligible dependents at the time of death for the remaining months of this forty-eight (48) month period of time in accordance with applicable provisions of the New York State Health Insurance Program and applicable law. After the first forty-eight (48) months, the Town's contribution of health insurance premiums shall be as per the parties' applicable collective bargaining agreement or contract/resolution. 1. An Eligible Employee who is eligible for health insurance coverage may choose not to enroll because the Eligible Employee is covered under another health insurance plan e.g., the employee is covered as a dependent on the spouse's health insurance plan If an Eligible Employee's coverage under the other health insurance plan ends the Eligible Employee may enroll under the New York State Health Insurance Program without being subiect to the normal waiting period for late enrollment, provided an application is made within 30 days of the end of the other coverage. The following procedures apply to enroll such an Eligible Employee: (a) The Eligible Employee obtains documentation from the former insurer which indicates that he or she had health insurance coverage and the termination date of coverage. (e.g. HIPAA creditable coverage letter.) 2. The effective date of coverage will be determined as follows bV the Enrollment System: 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V (a) If the request for coverage is made on or before the date the other coverage ends coverage will become effective on the day following the date the other coverage ends. (b) If the request for coverage is made no more than one month after the other coverage ends coverage will become effective on the first day of the month following the month in which the Eligible Employee requests coverage. (c) If the request for coverage is made more than one month after the other coverage ends the coverage will become effective the first day of the third month following the month in which the Eligible Employee requests coverage. (d) For those Eligible Employees who choose not to enroll in the Town's health insurance plan because the Eligible Employee is covered under another health insurance plan, the Town shall pay the Eligible Employee a lump sum payment in the amount of $2,400.00 annually which shall be payable in the last month of the year the Eligible Employee chooses not to enroll in the Town's health insurance plan. In the event the Eligible Employee is qualified and chooses to opt in to the Town's health insurance plan during the first forty-eight (48) month period following an employee's retirement the Eligible Employee shall receive a pro-rated lump sum payment for the full month(s) that the Eligible Employee did not receive the Town's health insurance plan. -or- B. A lump sum payment of $500.00 per month (which shall be issued with a timely IRS Form W-2. Wage and Tax Statement) payable in quarterly installments, for a period of forty-eight (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 forty-eight (48) month period. In the event an Eligible Employee dies during this forty- eight (48) month period the Town shall continue to make these payments to the Eligible Employee's spouse or legal representative for the remaining months of this forty-eight (48) month period of time 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V 1. An Eligible Employee who is eligible for health insurance coverage may choose not to enroll because the Eligible EmploVee is covered under another health insurance plan e.g. the employee is covered as a dependent on the spouse's health insurance plan If an Eligible Employee's coverage under the other health insurance plan ends the Eligible EmploVee maV enroll under the New York State Health Insurance Program without being subject to the normal waiting period for late enrollment, provided an application is made within 30 days of the end of the other coverage. The following procedures apply to enroll such an Eligible EmploVee: (a)The Eligible Employee obtains documentation from the former insurer which indicates that he or she had health insurance coverage and the termination date of coverage. (e.g., HIPAA creditable coverage letter.) 2. The effective date of coverage will be determined as follows by the Enrollment System: (a) If the request for coverage is made on or before the date the other coverage ends coverage will become effective on the day following the date the other coverage ends. (b) If the request for coverage is made no more than one month after the other coverage ends coverage will become effective on the first day of the month following the month in which the Eligible Employee requests coverage. (c) If the request for coverage is made more than one month after the other coverage ends the coverage will become effective the first day of the third month following the month in which the Eligible Employee requests coverage. (d) For those Eligible Employees who choose not to enroll in the Town's health insurance plan because the Eligible Employee is covered under another health insurance plan, the Town shall pay the Eligible Employee an additional lump sum payment in the amount of $2,400.00 annually which shall be payable in the last month of the year the Eligible EmploVee chooses not to enroll in the Town's health insurance plan. In the event the Eligible Employee is qualified and chooses to opt in to the Town's health insurance plan during the first forty- 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V eight (48) month period following an employee's retirement, the Eligible Employee shall receive a pro- rated lump sum payment for the full month(s) that the Eligible Employee did not receive the Town's health insurance plan. C. Eligible Employees who are SOA or PBA bargaining unit members 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 37-26 (D) and (G) above. However, notwithstanding any contrary practice or provision in the parties' collective bargaining agreement, any contractual payment due to an Eligible Employee for unused leave time upon retirement shall be spread out and paid in equal quarterly installments as a separate payment during the three fiscal years immediately following the effective retirement date of the Eligible Employee. D. INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES: Notwithstanding anything to the contrary in the collective bargaining agreement(s) between the Town and the PBA. SOA and CSEA or individual contract/resolution, 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/contract/resolution. E. RATIFICATION AND APPROVAL: The terms and conditions of this Incentive are anticipated to be ratified and approved by the Town Board on May 21 2014. F. INVALIDITY OR ILLEGALITY: If any provision of this Incentive is deemed to be invalid by any court, administrative agency or other entity of competent jurisdiction then this entire Incentive shall be deemed null and void from its inception. • Underline represents addition(s) Dated: Riverhead, New York April 1, 2014 BY ORDER OF THE TOWN BOARD 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK 4-1-14 Setting Public Hearing to Amend Chap.37-Retirement Article V