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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,
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Diane M. Wilhelm
Town Clerk
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200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
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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.
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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"