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HomeMy WebLinkAboutLL#2 of 2018, 2018 Local Retirement Incentive ProgramTOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 2 OF 2018 A LOCAL LAW TO ESTABLISH THE 2018 LOCAL RETIREMENT INCENTIVE PROGRAM FOR THE TOWN OF LANSING Be it enacted by the Town of Lansing as follows: SECTION 1: LEGISLATIVE INTENT AND EFFECT: This Local Law shall be known as “Local Law Number 2 of 2018,” and the Town Board of the Town of Lansing finds and declares that the retirement incentive benefits herein provided for are designed to achieve cost -savings and efficiencies for the Town, including but not limited to the cost-savings and efficiencies that would or could be created as employment rosters and job descriptions are updated, as well as to avoid layoffs in this time of fiscal need. Therefore, the offer to retire from Town service and accept the below-identified incentives, paid in respect of the long-term employment of qualified persons, is a one-time offer and nothing herein shall be construed to create any expectation that this local law, or any similar program, will be adopted or offered in the future, or that layoffs may not occur to promote the goals of overall efficiency in government and cost-savings for taxpayers, or that any electing eligible employee will qualify under New York State retirement system rules for retirement. All employees are encouraged to do their own and independent research in respect of the impact of such an election and the impacts and effects of retirement from Town service, the retirement from the civil service system, or the retirement from the workforce generally. SECTION 2: OPEN ELECTION PERIOD: The Town of Lansing hereby elects to provide all eligible employees (as below-defined) with a retirement incentive program with an open and binding enrollment period commencing upon the date of adoption of this local law and ending at midnight upon June 30, 2018. Making the election means that the eligible employee has elected and chosen to retire from the Town’s service and employment with the Town effective on or before July 31, 2018. SECTION 3: DEFINITIONS: As used herein, unless the context clearly requires otherwise, the following terms have the following meanings: a. “Effective retirement date” means July 31, 2018, or any earlier date that any electing eligible employee gives notice of. b. “Electing eligible employee” means an eligible employee who has made a timely election to participate in this local retirement incentive program. c. “Eligible employee” means a person who is a member of the retirement system, who has completed at least 10 years of service with the Town of Lansing, and who has been continuously employed by the Town of Lansing since January 1, 2015 in a full-time capacity without interruption. Interruption for military service shall not be deemed or counted as an interruption of the full-time employment service of any person who would otherwise be an eligible employee. d. “Retirement system” means the New York State and local employee’s retirement system. SECTION 4: ELECTION PROCEDURES AND RULES: Any eligible employee may elect to participate in the local retirement incentive program by submitting a signed irrevocable letter making the election to retire from Town Service to the Town Clerk’s Office, and a standard-form letter usable for such purposes is available from the Town Clerk. Such letter may state the proposed effective date of retirement, but if no date is stated then the effective retirement date shall be July 31, 2018. This local law does not require qualification for benefits or payments from the retirement system, retirement from civil service, or retirement from all work or labor, but only retirement from Town service and employment with the Town. Once an election is made it is irrevocable for all purposes, regardless of error, mistake, or misunderstanding. In addition, if the electing eligible employee remains in the civil service system, the electing eligible employee agrees that he or she shall reject, not apply fo r, and not accept, any future position of employment with the Town as a civil servant unless the Town shall expressly waive this requirement by resolution of the Town Board. SECTION 5: LOCAL RETIREMENT INCENTIVE PAYMENT: Notwithstanding any other provision of law, an eligible employee who makes a participation election shall receive a retirement incentive of $1,000 for each year of credited service in the retirement system, payable in lump sum upon the effective retirement date. SECTION 6: NO CHANGE IN OTHER BENEFITS: Any electing eligible employee shall receive all other benefits accorded to any person departing or leaving Town service, including without limitation termination pay, accrued but unused leave credits, post-retirement healthcare coverage options, COBRA rights, and other similar benefits, each and all as are defined and provided for in and under the Town’s personnel policies and employee handbooks. Nothing herein shall diminish any rights to which any person is entitled under any collective bargaining agreement or the NYS retirement system. In addition, an electing eligible employee shall not be disqualified from being paid as a consultant or independent contractor of, for, or by the Town, so long as all conflict of interest and ethics rules pertaining thereto are duly observed, including without limitation the requirements of the Town’s ethics rules and laws and the requirements of General Municipal Law Article 18. SECTION 7: VOLUNTARY: Participation is voluntary and no employee shall be required to elect to participate or otherwise be required to retire from the workforce or from Town service. SECTION 8: SEVERABILITY: If any portion or provision of this Local Law, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such determination shall be confined in its operation to the invalid part hereof, or in its application to such person, entity, or circumstance as is directly involved in the controversy in which such determination shall have been rendered, and the remainder of this Local Law shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. SECTION 9: EFFECTIVE DATE: This Local Law shall take effect immediately.