HomeMy WebLinkAboutLL-1985 #02LOCAL LAW NO. 2 , ~985
A Local Law in relation to electing a retirement incentive
program as authorized by Chapter 665, Laws of 1984, for
eligible employees of the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold, New York,
as follows:
Section 1. The Town of Southold hereby elects to provide all its eligible
employees'witfl-a retirement incentive program authorized by Chapter 655, Laws
of 1984.
be
Section 2. The commencement date of the retirement incentive program shall
May 1, 1985
Section 3. The open period, during which eligible employees may retire
and receive the additional retirement benefit, shall be 50 days in length.
Section 4. The actuarial present value of the additional retirement benefits
payable pursuant to the provisions of this local law shall be funded over a five
year period. The amount of the annual payment in each of the five years shall
be determined by the Actuary of the New York State Employees' Retirement
System, and it shall be paid by the Town of Southold for each employee who
receives the retirement benefits payable under this local law.
Section 5. This act shall take effect immediately.
MAY
Date:
4/29/85
Dear Sir/Madam:
Please be advised that Local Law(s) No. 2
of lq85 ofthe Tc~.m c~q: Ro.~-h01d
was/were received and filed on --q / ~9,/85
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602-004(12/82)
(Please Use this Form for Filing your Local LaW with the Secretary of State)
Text of law sbL.uld be g~ven as amended. Do not include matter' being
climinated and do m~t use italics or underlioing to indicate new nlatter.
-Gouaty
City" of ...... S.o.u thold ..............................................
Towli
11;11 ....
Local Law No .........2. ................................................ of the ~ear 19 ~5 ......
A local law .!..n.....r..e.].a...t.!.~...n....t.~....e.Le..c..t..i..n..g..a..r.gt~r.-emen.t..i.n..~.~.~:t~.e~.p.r.~g~am..a~..a~rize~...b~. ............
Chapter 665, Laws of 1984, If~r ~'~l~tble employee's.
Be it enacted by the ............. .T...o..~..tg..,B.f~gr. gt ................................................................................................ of the
~--,t':*" of ..................... .S..9...u-.t.-h..oJ--d.- .................................................................................................................. as follows:
Town
¥111a~c
Section 1. The Town of Southold hereby elects to provide all its eligible
employees with a retirement incentive program authorized by Chapter 665, Laws
of 1 984.
Section 2. The commencement date of the retirement incentive program shall
be May 1, 1985.
Section 3. The open period, during which eligible employees may retire
and receive the additional retirement benefit, shall be 50 days in length.
Section 4. The actuarial present value of the additional retirement benefits
payable pursuant to the provisions of this local law shall be funded over a five
year period. The amount of the annual payment in each of the five years shall
be determined by the Actuary of the New York State Employees' Retirement
System, and it shall be paid by the Town of Southold for each employee who
receives the retirement benefits payable under this local law.
Section 5. This act shall take effect immediately.
I~'~(If addiiional space
is needed, please attach sheets of the same,.size'~gTl~is and number
(C-ml, hq,~ the m.rti[icati,m itt the paragr;tph tvhitd~ applic~, to tit,: ['fling t,f thi.', local law dud strike oat tln,-
matler thert.i, Milch is nt,t applit:alih'~.)
(l"inal
of Lite
o~ March 12, 19.8...5.'...
ad,q~ti.a hy h,,ntl legislative hmly o,,ly.)
I hereby certify that the loca[ law .annexed hereto, designated as local law No .......... ~ ....... o~ ~9..~..
Cky of ........ ~.ouIbol.d ...........was duly passed by the ~ ............. ~W,D...~,~.E~ ..........................................
Towu (Hame of LegiMative IIody)
in accordance with the applicsble provisions o~ law.
(Passage by local lt~'giMative body with approval or no disapproval by Elbctive Chief Executive Officer,*
or repas~age after disapproval.)
I hereby certify that tine local law annexed hereto, designatedaslocallawNo ..................... of 19 ........
Couuty
City
of fine Town of ..................................... was duly passed by the ..................................................................................
(N~me of Legislative Body)
Village
not disapproved
on .................................................. 19 ........ and was approved 'by the .......................................................
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of law.
3. (i"inal adopti,m by refereudum.)
I hereby certify that the local law annexed hereto, designated as local law No.' .................. of 19 ..........
County
,, City of ...................................... was duly passed by the .................................................................. ~ ...... .7..-. .......
of tlm Town tS,m, of Legi.lative Body)
Village not disapproved
on ................................................... 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chief l~xecutive Officer *
on ...................................................................... 19. ........ Such local law was submitted to the people by reason Of a
mandatory
permissive roforendum,and received the affirmative vote of a majority of tlm qualified electors voting
geuera!
thereon a~ tine special election held on~ ...................................................... 19 ......... in accordance with the appll-
annual
cable provisions of law.
4. (Suhject to permissive referendmh,and final adoption because no valid pe[ition filed requesting
referendum.)
1 hereby certify that the local law anne'xed hereto, designated as local law No ................... of 19. .........
County
City
of the Town of ...................................... was duly passed by the ................................................................................ on
iN.me of Legislative Body)
Villago
not disapproved
...................................................... 19 ........ and wns npproved by the ......................................................... on
repassed after di sal?proval I<le,.tivv tlhis. I [':aet't~tive {Iffit;er ~'
.............................................................. 19 ......... Such Local law being subject to a perm~ss~e'rt, f~rendt, m and no'
valid i.,tititm req,,'sting st~cl~ referendum having been filed, said local law was deemed duly adt~pted on
...................................................................... 19 ........ , in accordance with the apollcable provisions of law.
· Elective Chief Executive Officer means or indude~ the chief executive officer of a county elected on a county-wide b~is
or, if there be none, the chairman of the county legidative body, thc vm~yor of a city or village or the supervisor of · town,
where ~uch of£vzer is vested with power to approve or veto !o¢~1 hw~ or ordinances.
Page 2
tCit,x local law concerning I".harter r,.~iMm~ proposed hy petitiun.)
I h,:,'eby certifx dm~ dw to, a! ! m ..:alcx~::l herbitol, designamd as local law No ..................... of t9 ........
of the City of ......................................................................... ha~i,~ been submitted to refereudum pursuant to the
provisions of 37 et' d.: :.iu ficil-,! l i~.il e llule Law, aad !.aving received the affirmative vote of a maiority
special election held on ..................................
et' the qt, alit'ied electors of such city voting.~nereon at the general
................ [9 ............ became operative. "
(County local law concerning adoption of Charter.}
I hereby certify that the local law annexed hereto, designated as Lodal Law No ....... of t9 ...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuan~ to subdivisions 5 and. 7 of Section 33 et'the Muni-
cipal tlome Rule Law, and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors et' the towns of said county
considered as a unit voting at said general election, became operative.
(fl any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
~ I further certify that l'have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............. ! .............. above.
Date: FVlarch 13, 1985
Clerk o[ thc County le~islntive body, City, To~ or Vfll~0 C~zk ot
office.,' dcsign¢~d by local le~statlve body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attoruey, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YOFIK
COUNTY OF .....S...U....F.~.O....L..K.. ...........................
I0 the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper procee&ings have l~.en had or taken for the enactment of the local law annexed hereto.
........... .....
Sizn~tuve
.... .R.o.b.e.r.~..W....T.a.s.k..eS: .T. 9YD..A.t. tg.rp.ey' ......
Tla¢
Date: March 13, 1985 ...... ~
Southol d
Cit)- of ................................................................
Page 3
New York Sta[e
Emoloyees' Remement System
Gay. Smith State Office Building, Albany, NY 12244
Affidavit Pursuant to
Chapter 665, Laws of 1984
The Retirement Incentive Program'
for Participating Employers
EmDloyer Code No. 30020
State of New York
County of Suffolk
Frar~cis J, Murphy
)
)ss
That he/she is the chief executive officer or appropriate official of
(hereafter refered to as the employer).
, being duly sworn, deposes and says:
1. Town of Southold
(Name of Employer)
2. That, by action of its governing body, the' employer has determined to provide a Retirement Incentive Program as
set forth in Chapter 665, Laws of 1984.
That the employer has received from lhe Retirement System an estimate of the total number of employees who
may be eligible for the Retirement Incentive Program and an estimate of the cost of the Program for these
employees.
That he/she will prior to the commencement date of the open period, provide the Retirement System with a list of
employees who would be eligible for the Program except for their status as elected officials, judges or justices ap-
pointed to or serving in a court of record or members of an agency, board or commission any of whose mempers
are appointed by the Governor and receiving compensation for such service. The list will include the name, social
security number and Retiremem System registration number of each person.
That the employer does~ not*provide a retirement incentive under a collective bargaining agreement or other
arrangement,
That if such a retirement incentive is offered, he/she will send to the Retirement System, prior to the commence-
ment of the open oeriod, a list of all employees eligible for the alternative retirement incentive who also meet the
eligibility criteria for the Retirement Incentive provided by this Chapter. The list will include the name, social securi.
ty numoer ane Retirement SysTem registration number of each person.
7. Thai he/she will forward to the Retirement System cooies of all waivers completed by employees eligible for an
alternative retirement incentive who elect the Retiremem Incentive Program provided by this Chapter.
8. That the emaloye'r wili' fund the Retirement Incentive Program by paying to the New York State Empl.oyees' Retire-
men[ SysIem five consecutive annual installment payments, the amounts of which shall be...deterp~i~ed by the
Retirement System Actuary, commencing with the billing for the Re~.~~,~~ding March 31
during which the open period commences. ' '
Sworn to before me [his
Please str~ke ou~ the phrase which does no[ apply.
day of Ma rch
· · No~acy Pubhc.-~late of N~"~/
(Please affix stamp or sea']')
JUDITH T. TERRY
Notary Public, State of NewYork
No. 52-0344963 Suffolk County//-/
Commission Expires. March 30, 19~,-/
PUBLIC HEARING
SOUTHOLD TOWN BOARD
February 26, 1985
3:30 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN
RELATION TO EI, L~I~INi3 ^ RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED
BY CHAPTER 665, LAWS OF 1984, FOR ELIGIBLE EMPLOYEES OF THE TOWN OF
SOUTHOLD."
Present:
Absent:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Councilman Joseph L. Townsend, Jr.
SUPERVISOR MURPHY: The first hearing is on a proposed Local Law entitled,
'iA Local Law in Relation to Electing a Retirement Incentive Program as Authorized
by Chapter 665, Laws of 1984, for Eligible Employees of the Town of Southold."
Councilman Schondebare will do the official reading.
COUNCILMAN SCHONDEBARE: We have a Legal Notice which is as follows: " Public
Notice is hereby given that there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 5th day of February, 1985,
A Local Law entitled, "A Local Law in relation to electing a retirement incentive
program as authorized by Chapter 665, Laws of 1984, for eligible employees of
the Town of Southold," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold, New York,
as follows:
Section 1. The Town of Southold hereby elects to provide all its eligible
emplyees with a retirement incentive program authorized by Chapter 665, Laws
of 1984.
Section 2. The commencement date of the retirement incentive program shall
be May 1, 1985.
Section 3. The open period, during which eligible employees may retire and
receive the additional retirement benefit, shall be 50 days in length.
Section 4. The actuarial present value of the additional retirement benefits
payable pursuant to the provisions of this local law shall be funded over a five
year period. The amount of the annual payment in each of the five years shall
be determined by the Actuary of the New York State Employees' Retirement System,
and it shall be paid by the Town of Southold for each employee who receives the
retirement benefits payable under this local law.
Section 5. This act shall take effect immediately.
Copies of said Local Law are available in the Office of the Town Clerk to any
interested persons during business hours.
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southolcl will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main
Page 2 - Public Hearing
Loca~ Law - Retirement Incentive
Road, Southold, New York, on the 26th day of February, 1985, at 3:30 O'clock P.M.,
at which time all interested persons will be heard. Dated: February 5, 1985,
Judith T. Terry, Southold Town Clerk."
I have an affidavit of publication by The Suffolk Times. An affidavit of
publication by The Long Island Traveler-Watchman. An affidavit by the Town Clerk
indicating that she posted this on the Town Clerk's Bulletin Board.
SUPERVISOR MURPHY: Thanl< you. You've heard the official reading of the notice.
Is there anyone here who would like to speak in favor of this proposed Local Law?
(No response.) Anyone like to speak in opposition to this proposed local Law? (No
response.) Anyone like to make any comment at all on this proposed Local Law?
(No response.)
COUNCILMAN SCHONDEBARE: Judy (King), did you want to say anything about
the Local Law that you asked me about and when we were going to have the hearing?
MRS. JUDY KING: No, I just stopped in to hear about it.
COUNCILMAN SCHONDEI~ARE: We're here and I already read the notice.
MRS. KING: Then I'1~ read it in the minutes.
SUPERVISOR MLIRPHY: There is nothing, Judy---this was just the official reading.
Do you have any comments on it?
MRS. KING: No, I don't.
TOWN CLERK
MRS. KING:
TOWN CLERK
MRS. KING:
TERRY: Judy, you do have a copy of the law?
Yes, I think you gave it to me.
TERRY: Okay. If you don't, there are extra ones in my office.
Okay. Thank you very much.
SUPERVISOR MURPHY: Anyone else like to comment?
COUNCILWOMAN COCHRAN: I have a question. In the opening Town's meeting in
New York the Honorable Edward Regan, Comptroller of the State addressed some of
his remarks toward this retirement plan, right? And he said to date only 17 out
of 9~7 towns have adopted the legislation. He felt that it was going to be expensive
for towns. He said that his office would send information to the towns on cost and
effect and they would also supply the pros and cons. Can we keep the hearing
open until we could obtain this information?
SUPERVISOR MURPHY: I don't think it would be the hearing, Jean. We don't have
to make a decision today.
TOWN CLERK TERRY: You received that already. Betty Wells received that and
that was supplied to all of you.
COUNCILWOMAN COCHRAN: That was from the Comptroller?
TOWN CLERK TERRY: Sure was. That was a computer print out with the costs
and additional informational data.
Page 3 - Public Hearing
Local Law - Retirement Incentive
SUPERVISOR MURPHY: We could ~lose the hearing, Jean.
COUNCILWOMAN COCHRAN: Okay. I just wondered because if he was speaking
about additional information I thought maybe we should have it before we made a
decision, but if that's the same thing he's relating to, then---
SUPERVISOR MURPHY: Councilman Townsend had some reservations about it also
and really out of being that he's not here I don't think we should make a decision
on this.
COUNCILWOMAN COCHRAN: It's not reservations, Frank, it's just that I think
we should have as much as we can--pros and cons.
SUPERVISOR MURPHY: No, I meant Joe I~ad some reservations on it. Okay, no
other comments I will c|ose the hearing.
Judith T. Terry ~
Southold Town Clerk
Legal Notices
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there has been pre-
sented to the Town Board of the
Town of Southold, Suffolk
County, New York, on the 5th
day of February, 1985, a Local
Law entitled, "A Local Law in
~'elation to electing a retirement
Incentive program as authorized
by Chapter 665, Laws of 1984,
for eligible employees of the
Town of Southold," which reads
as follows, to wit:
BE IT ENACTED by the Town
Board of the Town of Southold,
New York, as follows:
Section 1. The Town of South-
old hereby elects to provide all
its eligible employees with a re-
tirement incentive program au-
thorized by Chapter 665, Laws of
1984.
Section 2. The commence-
ment date of the retirement in-
centive program shall be May 1,
1985.
Section 3. The open period,
during which eligible employees
may retire and receive the addi-
tional retirement benefit, shall
be 50 days in length.
Section 4. The actuarial pre-
sent value of the additional re-
tirement benefit~ payable pur-
suant to the provisions of this
local law shall be funded over a
five-year period. 'The amount of
the annual payment in each of
the five years shall be deter-
mined by the Actuary of the New
York State Employees' Retire-
ment System, and it shall be paid
by the Town of Southold for each
employee who receives the re-
tirement benefits payable under
this local law.
Section 5. This act shall take
effect immediately.
Copies of said Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold a
public hearing on the aforesaid
Local Law at the Southold Town
Hall, Main Road, Southold, New
York, on the 26th day of Feb-
ruary, 1985, at 3:30 o'clock P.M.,
at which time all interested per-
sons will be heard.
DATED: February 5, 1985.
JUDITH T. TERRy
SOUTHOLD TOWN CLERK
1TF14-4788
ANN M. ABATE
NOTARY PUBL{C, State of New York
Suf;~;i County Ne 4748183
Te;~ [;,~:;eS March 30,
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
ANNA I,EKKAS of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, hca been regularly published in
said Newspaper once each week for ONE
weeks successively, commencing on the ] 4
dayof February 19 85
Principal Clerk
Sworn to before me this 14
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there has been
presented to the Town Board
of the Town of Southold,
Suffolk County, New York, on
the 5th day of February, 1985,
a Local Law entitled, "A Local
Law in relation to ejecting a
retirement incentive program
as authorized by Chapter 665,
Laws of 1984, for eligible
employees of the Town of
Southold," which reads as
follows, to wit:
BE IT ENACTED by the
Town Board of the TOWn of
Southold, New York, as fol-
lows:
Section 1. The Town of
Southold hereby elects to
provide all its eligihle em-
ployees with a retirement
incentive program authorized
by Chapter 665, Laws of 1984.
Section 2. The commence-
ment date of the retirement
incentive program shall be
May 1, 1985.
Section 3. The open period,
during which eligihle em-
ployees may retire and receive
the additional retirement be-
nefit, shall be 50 days in
length.
Section 4. Theactuarialpre-
sent value of the additional
retirement benefits payable
pursuant to the provisions of
this local law shall be funded
over a five year period. The
amount of the annual payment
in each of the five years shall
be determined by the Actuary
of the New York State Em-
ployees' Retirement System,
and it shall be paid by the
Town of Southold for each
employee who receives the
retirement benefits payable
under this local law.
Section 5. This act shall take
effect immediately.
Copies of said Local Law are
available in the Office of the
Town Clerk to any interested
persons during business
hours.
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southo{d will hold
a public hearing on the afore-
said Local Law at the Southold
Town Hall, Main Road, South-
old, New York, on the 26th day
of February, 1985, at 3:30
o'clock P.M., at which time all
interested persons will be
beard.
DATED: February 5, 1985.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in~ Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........................................ weeks
successively, commencing on the ............... ./....~....~. ...........
Notary Public
BARBARA FORBES
Notary ~'ublic, 8tare of New York
No. 4806846
,~uah':'ied in Suffolk County
~o ~ , S ~, ,: Expires March 30, 19~