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HomeMy WebLinkAboutLL-1992 #16LOCAL LAW NO. 16 - 1992 A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 6~3. Laws of 1992, for Eligible Employees of the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. The Town of Southold hereby elects to provide all its eligil~le employees with a retirement incentive program authorized by Chapter 643, Laws of 1992. Section 2. The commencement date of the retirement incentive program shall b~ September 14, 1992. 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 Local Law shall take effect immediately. DATE: 9/17/92 SEP g g 99Z Town Clerk SOL. old Local Law Acknowledgment JUDITH T TERRY TOWN OF SOUTHOLD TOWN HALL 53095 MAIN RoAD PO BOX 1179 SOUT~OLD NY 11971 DOS-2'~6 (Rev. 6/90) Town of Southold LOCAL LAW(S) NO. J YEAR ) FIL];~G DATE 15' ~ lfiI lqq7 I q/15/92 The above-referenced material was received and filed by this office as indicated. _l Additional local law filing forms will be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law shouldbe given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Southold Local Law No. 16 of the year 19--9-2- In Relation to Electing a Retirement Incentive Pro~ram A local law ............................................................................................................. as Authorized by Chapter 643,-[aws of .1992, for Eligible Employees of the Town of Southold Town Board of the Be It enacted by the ......................................................................................... g~i~x of ......................... L--S--°--u-t--h--°-I--d- ................................................ as follows: Town Section 1. The Town of Southoid hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 643 , Laws of 1992. Section 2. The commencement date of the retirement incentive program shall be September 14, 1992. 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: ghall 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 Local Law shall take effect immediately. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-230 (Rev. 7/90 (1) (Complete the certification in the p~ragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) " · .... ......... :i ...... (Name of Leglslative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (Name of Legidative Body) disapproval) by the .................................................. and was deemed dutyadopted on .................. 19 ...., (Elecdve ChiefExecutlve Or, car*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (a-15p£oved)(not approved)(repassed after (Name of £egi~lative Bady) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the.affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in . accordance with the applicable provisions of law. 4~ (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that thc local law annexed hereto, designated as local lawNo .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (appr_ovcd)(not approved)(repassed after ~Name of LegiMative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject tO (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed-as of .................. 19---- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election belden ................... 19 .... , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County of .................................................... State of New York, having been submitted to the electom at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the' qualified electom of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (SeaO (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I 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 in- dicated in paragraph ....... 1_ .... , above. Clerk of the (ff~ty legi;1;tiCe Ixg~y, City, Town or Village ~ or officer designated by local legislative body Judith T, Terry, Town Clerk Date: September 9, 1992 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF iX~'W YORK COU-NTY OF Suffolk I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the l°cff117~' Matthew G. Kiernan, Assistant Town Attorney Title E~: of Town Date: Southold September 9, 1992 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD September 8, 1992 8:02 P.M. IN THE MATTER OF A.PORPOSED "LOCAL LAW IN RELATION TO ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 643, LAWS OF 1992, FOR ELIGIBLE EMPLOYEES OF THE'TOWN OF SOUTHOLD". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards' Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: The second public hearing of the evening is a "Local Law in Relation to Electing a Retirement Incentive Program as authorized by'.Chapter 643, Laws of 1992, for Eligible Employees of the Town of Southold". Councilman Penny will read proof of such publication, and verification of such. COUNCILMAN PENNY: "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 25th day of August, 1992, a Local Law entitled, "A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the Town of Southold". 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 8th day of September, 1992, at 8:02 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the Town of Southold" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. The Town of Southold hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 643, Laws of 1992. Section 2. The commencement date of the r~tirement incentive program shall be September 14, 1992. Section 3. The open period, during which eligible employees may retire and receive the additional retirement benefit, shall be 50 days in length. Pg 2 - PH Retirement Ince,~n,t. ive 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 Local Law shall take effect immediately. Copies of this Local Law are available in the Office of the Town Clerk to any interested per.sons during business hours. Dated: August 25, 1992. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from The Traveler-Watchman, an affidavit from The Suffolk Times, and an affidavit of posting . from the Town Clerk, that this has been posted on the' Town Bulletin Board for the appropriate time. There are no further communications. SUPERVISOR HARRIS: Are there any members of the audience, that would like to speak in reference to this Local Law, which the Town Board is acting upon at this time? Yes? ED SIEGMANN: I'd like to address the Town Board on this for Joe Ristuccia, the President of TaxPac. He asked me to make a statement on it tonight due to the fact that he could not be present. SUPERVISOR HARRIS: Could you state your name for record, please? ED SIEGMANN: Ed Siegmann. TaxPac has no objection to this type of a.-range- men£ for induced retirement, when it's for employees that do not have to be replaced. If it's for employees that have to be replaced, we think it's a mistake to do it, due to the fact that you not only have the cost of the employee, that's going out, and now will be collecting pension, plus the fact he will be covered by medical benefits, and if you have to hire somebody new, you then are paying for their pension, and you're paying for their medical benefits. So, the cost doubles, because there's two people involved in each one of those transactions, where if you did not have the induced retirement there would only be one person of each of those involved. Now, let me ask you a question. I see three jobs, and part-time job being suggested in the resolutions that were just passed. Are those new jobs? SUPERVISOR HARRIS: There was one job, that was existing where a lady left, and that person is being replaced with another individual. Another individual is in place. ED 51EGMANN: Are any of those jobs created as new jobs? SUPERVISOR HARRIS: New employees? None that I know of. No. ED SIEGMANN: I wanted to know that, because if it was, I was under Ithe impression that it would strange to be hiring new people, when you're talking about an induced retirement program. Thank you. SUPERVISOR HARRIS: Are there any other members of the audience, that would like to speak in reference to ~this Local Law? (No response.) If not, I will declare this public hearing closed? ~'' Judith T. Terry ~/ Southold Town Clerk NOTICE OF PL'BUC HEARING ON LOCAL LAW PUBLIC. NOTICE HEREBY'GWEN that the~ ha~ ~f'be~; prese~ ~o ~fie Town~ Bo~ oftheTo~ ofSouthold, . ~:~Suffolk Co~r~', New ~rk, on -th~ ~th day of Augfist; 1'~2 a- - C~oc~ Law entitled, "A, ~cal ~ Law in ~glation to ~eeting a. C.~ti~ment Incentive Program as Authorized ~ Chapter 643 ,', Laws of 1992. for Eligible ~'Emp o~'~ 'of th& Town o~ ,' ~So~hold:' ~"~OTfCE IS FURTH~ ~::~N'~ ~he Town'Board of' D~he Town of Sodthold ~ll hold ;~pubfic hmfing~n t~afore~d ~';~New YorK, on the 8th aay Ol ~-~Sept~ber, 1992, at 8'02 P.M, ~.' at ,~hich ~wte aU nter~ted ~' · Thi, F, ropo:ed 'Lotal ~ mn~ ,merit Incenti~ ProKram- as ~: Au~fi~ed b~' Ch~ple? 6~3, ~ [a~s .of 199L [or ~igi~e ~2 ~mplovees of -the Io~n. of- Southold" reads 5: Iollc,v- ~;.,. BE IT ENACTED b5 ~;Town Board of the.',T~m of. ~/". 'Section'? t.. 'Th~' To~,n. ' 'M h ='retirement ;ncemn e pro- ~ gr~ authorized.by -' Section~ The. commence-. ~-'cenriVe program .'hall he $- ¢ .Sect~off 3_ THe'.: .o~en ~ :;~ei)od;'~ duri~g "which -JI{g~ble ~ }~mploye~ may ~tim ~d receive ~t':~he-,_addidcn'al- retirement'-' m q~:Cbenefir ~hall:-be ~50 days m. ,~:~ ~en~:' ~:~; 'r '~ction 4.. The actuarial -'.~resenr value of the additional ~;x.~t ke~ a~ benefi~'p~able p~r- ,~ local. Imv~sh'all be ~nded over a ~.five 9ear period. ~e mum of .~ .}/the annoaI payment ~n each of ,[h~ fh e )e3rs ~haml be. dot.rolo- ~ I~,~ Stare ~pFo~ee, Realre- ~L,SpMd~by the To~m of Sou~old -~. ~for each emp[o~e ~ho ,~el :~;"~ ~d the mtirm~t b~efir ~ble J~ under'ebb local'l&w.- · , . "~ COUN'rY OF SU K STATE OF NEW YORK Patricia Wood, being auty 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-Watchcnan once each week for .................. ~. ....... weeks successively, commencing on the ...................... .., 19 .? :z:.-. ~ 3, SWOl'n to bel'ore me this ..................... day oF ....... , Notary Public BARB,'~R,", fi. SCHNEIDER NO?AR,~ PUSLIC, S£ato 0[ r Jew York Qu~iifi~d in Suffolk OouQty , _,., ~; S~ctiorf :5. 'This -L0¢al !L'aw shall take ef-f¢c£ immediatelv. available in the Office of the ~: Town Clerk tO ~n~ ~ntemsted persons du?~hg busifiesS h6urs DATED: August 25, i992 JUDITH T TERRY ~ SOUTHOLD TOWN CLERK lX-9/3/92(5) NOTICEOF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been pmsemed to the Town Board of the Town of Soulhold, StEfolk County, New York, on thc 25th day of August, 1992, a Local Law entitled, "A Local Law in Relation to Electing a Retire,merit Incentive Program as Authorized by Chapter 643, Law~ of 1992, for Eligible Employees of the Town of NOTICE IS FURTHER GIVEN that the Town Board of the Town of on the aforesaid Local Law at the Southold Town Hail. Main Road. Southold, New York. on the 8th day of September, 1992, at 8:02 P.M.; at employees with Z~"~em~nt ineemive . program.authorized by Chapter 643, , Laws of 1992. Sectiuh 2~ The commencement date of the retirement incentive pro- gram sha~l be _September 14. 1992. ~ecdo~ 3. The open period, during winch eligible employees may relira' and ~eceiYe the addilional retirement benefit~ thall be 50 days in length. · .. Section .4. The actuarial present value of the additional retirement benefits payable pursuant to the pm- visions of this lo:al law shall be fund- ed over a five year period. The amount of the annual payraent in each of the five year~ shall be determined by the Acteaty of the New York State Employees' Relimment System, mad it shall be paid by the Town of. STATE OF NEW YOBK)'t cousr OF SUFFO, said ~un~, being duly ~orn, says thai he/she b Principal Clerk of THE SUFFOLK TIMES; a Weekly Newspaper, publbhed at Mattituc~ In the Town of Southold~ C~unty Suffolk and State or New York, and that the Notice of which the annexed b a print~ co~, ~= been regula said Newspaper once e=ch week for f weeks successively, commencJn~ on the day of Sout~old for each employee who receives the retirement benelitsI peyable under this local law. , ~ ~j.~i~ 'e. er~.W~%~ -'. ............. dayor.~~ a9 7~ Principal Clerk