HomeMy WebLinkAboutLL 1 of 2010 NYS Retirement.pdf
LOCAL LAW NUMBER 1 OF 2010
LOCAL LAW TO ADOPT THE 2010 NEW YORK
STATE RETIREMENT INCENTIVE PROGRAM
The Town Board of The Town of Lansing, New York, pursuant to a
Resolution dated August 18, 2010 does hereby adopt and pass this Local
Law; accordingly, be it enacted by the Town Board of the Town of Lansing
as follows:
SECTION 1: This Local Law supersedes any prior resolution, rule,
procedure, ordinance or Local Law of, or in effect in, the Town of Lansing
pertaining to the subject matter hereof, including a prior Local Law
enacting the 1985 New York State early retirement incentive plan known
as Town of Lansing Local Law Number 3 of 1985.
SECTION 2: This Local Law shall apply only to the eligible employees of
the Town of Lansing as defined in and as authorized by the New York State
Legislature in a law enacted by such Legislature and signed by the New
York State Governor, being identified as Chapter 105 of the Laws of 2010.
SECTION 3: The Town of Lansing hereby elects to provide all of its
eligible employees in designated eligible positions with a retirement
incentive program as authorized by said Chapter 105 of the Laws of 2010,
Part A. The Town does not elect to provide Part B incentives or options.
The following positions are deemed eligible for such retirement incentive
program: MEO (“Motor Equipment Operator”).
SECTION 4: The commencement date of the retirement incentive
program shall be October 4, 2010. The open period during which eligible
employees may retire and receive the additional retirement benefits shall
be 89 days in length; from said October 4, 2010 until December 31, 2010.
SECTION 5: The actuarial present value of the additional retirement
benefits payable pursuant to the provisions of said Chapter 105 of the
Laws of 2010, and this Local Law, shall be paid as one lump sum, or in five
annual installments. The amount of the annual or other payment shall be
determined by the Actuary of the New York State and Local Employees’
Retirement System, and it shall be paid by the Town of Lansing for each
qualified eligible employee who receives the retirement benefits payable
under this Local Law.
SECTION 6: If any clause, sentence, paragraph, section or part of this
Local Law shall be adjudged by any court or tribunal of competent
jurisdiction to be invalid or unenforceable, such judgment or
determination shall not affect, impair or invalidate the remainder of this
Local Law, and shall be confined in its operation and interpretation only to
the clause, sentence, paragraph, section or part hereof directly involved
in the controversy in which such judgment or determination shall have
been rendered.
SECTION 7: This Local Law shall take effect immediately upon filing
with the New York State Secretary of State, and a copy hereof shall be
duly filed with such Secretary of State and the New York State Retirement
System.
and it is further
RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final
adopted copy of this Local Law shall be presented to the Supervisor for
approval; and it is further
RESOLVED, that upon such approval by the Supervisor (or other approval
occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20
days after the final adoption of this Local Law, the Town Clerk shall file a
certified copy of this Local Law, together with the required Certifications, if any,
as follows: (i) in the Office of the Town Clerk; (ii) with the New York State
Secretary of State as required by Municipal Home Rule Law §27 (said filing may
be made by delivery to the State Records and Law Bureau, Department of State,
41 State Street, Albany, New York 12231); and (iii) with the New York State and
Local Retirement System (said filing may be made by delivery to the Office of the
New York State Comptroller, New York State and Local Retirement System, 110
State Street, Albany, New York 12244-0001).