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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 7th day of August, 2012 at 2:15 o’clock p.m. to consider a local law to amend Article IV. Early Retirement Incentive Program for Eligible Full-Time Police Officers of Chapter 37 entitled “Retirement” of the Riverhead Town Code as follows:
CHAPTER 37
RETIREMENT
ARTICLE IV. Early Retirement Incentive Program for Eligible Full-Time Police Officers who are Members of the Riverhead Police Benevolent Association, Inc. (PBA)
Section 37-16 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 between the Town of Riverhead (“the Town”), and the Riverhead Police Benevolent Association, Inc., (“the PBA”).
Section 37-17 The Eligibility Group:
The eligibility group is the set of individuals who will be offered the opportunity to participate in the ERIP.
Section 37-18 Eligibility Requirements:
- Full-time PBA 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 March 15, 2011 (ii) are eligible for and actually retire and vest into the NYSPFRS on or before May 26, 2011; (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.”
A. Any full-time PBA bargaining unit member who is: (i) eligible for and
actually retires and vests into the New York State Police & Fire Retirement System on or before December 31, 2012; and (ii) 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 (iii) one of the employees to fully comply with all of the terms and conditions set forth in the Incentive. This employee will be eligible to participate in this Incentive and will be referred to as an “Eligible Employee.”
- The Eligible Employee must deliver to the Supervisor, by no later than May 2, 2011 October 11, 2012, 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 resignation is to be effective on or before May 26, 2011 December 31, 2012.
- In order for this incentive to be activated, a minimum number of unit members, to be determined by the Town in its sole discretion on or about May 2, 2011 October 11, 2012, 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.
- This Incentive is effective solely for the 2011 2012 calendar year.
- The Eligible Employee must, at the time of submitting the unaltered irrevocable letter of resignation for retirement purposes referenced in Section 37-18 (B) above, execute the unaltered Waiver and General Release of Claims form attached to the retirement incentive-related documentation prepared by the Town.
- 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 2011 2012 calendar year.
- Additional eligibility requirements are set forth elsewhere in this Agreement.
H. The Town reserves the sole, non-reviewable discretion to defer, due to staffing concerns, one or more Eligible Employee’s actual date of separation from Town employment until not later than December 31, 2013. In this event, all other terms and conditions of this Incentive will remain in full force and effect, although any applicable dates will be adjusted to reflect the deferral of the employee’s separation from employment. If the employee refuses to consent to the Town’s deferral determination, then the employee will not be deemed to be eligible for the Incentive.
Section 37-19 BENEFIT:
- Fully paid health insurance premiums by the Town for a period of 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 48 month period. In the event an Eligible Employee dies during this 48 month period, the Town shall pay 75% of the cost of health insurance for the deceased employee’s dependents, at the time of death, for the remaining months of this 48 month period of time, in accordance with applicable provisions of the New York State Health Insurance Program and applicable law. After the first 48 months, the Town’s contribution of health insurance premiums shall be as per Article III(1)(A) of the parties’ collective bargaining agreement.
-or-
A. An Eligible Employee who complies with the terms and conditions of this Agreement pursuant to the Town’s Incentive Program will (1) receive a payment of $1,000 for each year of completed service as a police officer with the Town up to $25,000; (2) the Town will pay for the employee’s portion of family health insurance coverage premiums for the first five years of retirement and will continue to pay for 100% of individual coverage premiums per the CBA. If individual coverage is selected during the five year period immediately following retirement, then the employee will also receive, at the end of each quarter (i.e., March, June, September and December) during each one year period (five maximum) during which the employee remains in individual coverage, a payment equal to the difference in the premiums between family and individual coverage during that year period, minus applicable taxes. The monies in (1) may, at the employee’s discretion, be used to pay for cost of the employee’s contribution to family retiree health insurance premium payments after five years. Employees may also use any or all of their contractual payments for unused leave time upon retirement for the same purpose. Those contractual payments for unused leave time upon retirement not being utilized as set forth in the preceding sentence will be equally spread over the three calendar years following the effective date of the employee’s retirement and paid in quarterly installments beginning February of each year (i.e., February, April, July and October).
B. A lump sum payment of $400 per month, payable in quarterly installments, for a period of 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 48 month period. In the event an Eligible Employee dies during this 48 month period, the Town shall continue to make these payments to the Eligible Employee’s estate for the remaining months of this 48 month period of time.
- Notwithstanding any contrary practice or provision in the parties’ collective
negotiations agreement, any contractual payment due to an employee for unused leave time upon retirement will be spread out and paid in equal quarterly amounts as a separate payment during the three fiscal years, installments beginning February of each year (i.e., February, April, July and October) commencing February 2013.
C. Eligible Employees 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 37-18 (B) and (E) above.
D. Employees who are eligible and opt for the Incentive will be eligible to earn new accruals of any type after the date on which this Incentive Agreement is fully ratified and approved by the parties unless the employee’s date of separation of employment is deferred by the Town pursuant to §37-18 H., in which case the employee will be entitled, pursuant to the provisions of the collective negotiations agreement, to earn a maximum of one additional year’s accruals depending upon the new date of separation from employment selected by the Town.
D.
SECTION 37-20 INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:
Notwithstanding anything to the contrary in the collective bargaining agreement(s) between the Town and the PBA, 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.
E.
SECTION 37-21 RATIFICATION AND APPROVAL:
The terms and conditions of this Incentive were ratified and approved by the Town Board on March 15, 2011 are subject to ratification and approval by the Town Board.
F.
SECTION 37-22 INVALIDITY OR ILLEGALITY:
If any provision of this Incentive is deemed to be invalid by any court, administrative agency or other neutral of competent jurisdiction, then this entire Incentive shall be deemed null and void from its inception.
SECTION 37-23 COMPLETE AGREEMENT:
This Agreement constitutes the entire agreement between the Town and the PBA. This Agreement, including this paragraph, may only be modified by written agreement executed by both parties.
- Underline represents addition(s)
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Strikethrough represents deletion(s)
Dated: Riverhead, New York
July 17, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
