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HomeMy WebLinkAboutTOR RES 374 `{ PA%ET PKospp,1gS RnpOpF55UM p Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 28, 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 May 21, 2014. Resolution# 374-ADOPTS A LOCAL LAW ENACTING ARTICLE V. OF CHAPTER 37 ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260. Sincerely, 414� r Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 a, s , PA1 ET pPOspuofi,:.E PPOGPEESWI Office of the Town Clerk .Diane .1'VI. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 28, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wilhelm townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting May 21, 2014 7:00 P.M. Town Board Resolution #374-2014 ADOPTS A LOCAL LAW ENACTING ARTICLE V. OF CHAPTER 37 ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 05.21.14 ADOPTED 140374 TOWN OF RIVERHEAD Resolution # 374 ADOPTS A LOCAL LAW ENACTING ARTICLE V. OF CHAPTER 37 ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 37 entitled "Retirement" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 6th day of May, 2014, at 2:05 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that a local law enacting Article V of Chapter 37 entitled "Retirement" of the Riverhead Town Code be and is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review, the official newspaper, and to post same on the signboard at Town Hall; and be it further RESOLVED, that the Town Clerk is hereby authorized to forward a copy of this resolution to the Police Chief, Financial Administrator, Personnel Director, Town Attorney's Office and the Riverhead PBA; 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 ® Was Not❑ Thereupon Duly Declared Adopted Z:MeCormiek\RES0LUTI0NS\5-21-14 Adopt Amendment of Chapter 37"Retirement" TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law enacting Article V of Chapter 37 entitled "Retirement" of the Riverhead Town Code at its regular meeting held on May 21, 2014. Be it enacted by the Town Board of the Town of Riverhead 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., (SOA) 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 lav-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: (i) have at least 20 years 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 31 st 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 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 Z:McCormick\RES0LUTI0NS\5-21-14 Adopt Amendment of Chapter 37"Retirement" B. Full-time CSEA bargaining unit members who: (i) have at least 20 years o 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 employed by the Town on the day before the effective date of their retirement; (v) are not resiqninq 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"; o 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 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". 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 by 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, 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. 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 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. Z:McCormick\RESOLUTIONS\5-21-14 Adopt Amendment of Chapter 37"Retirement" K 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 2014 calendar year. I. 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 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 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 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 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 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. Z:McConnick\RESOLUTIONS\5-21-14 Adopt Amendment of Chapter 37"Retirement" 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 fort -- 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. 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 Z:McCormick\RL,SOLUTIONS\5-21-14 Adopt Amendment of Chapter 37"Retirement" 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 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 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 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 fortV- 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. Z:McCormick\RESOLUTIONS\5-21-14 Adopt Amendment of Chapter 37"Retirement" C. Eligible Employees who are SOA or PBA bargainin. P q unit members shall remain eligible for the "Severance" Payment pursuant to Article XV of the parties' collective bargaining a. Eligible Employees - agreement except that 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: Notwithstandinq 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 May 21, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK Z:McCormick\RES0LUT10NS\5-21-14 Adopt Amendment of Chapter 37"Retirement"