City of Englewood, NJ Terminal Compensation

Each employee to whom the provisions of this article apply, as defined in § 56-76 shall receive upon the termination of his or her services with the City of Englewood, whether by reason of death, resignation, retirement, or nonreappointment at the expiration of a term, the following compensation in lieu of any other terminal compensation heretofore provided by ordinance:

[Amended 3-17-1981 by Ord. No. 81-07]

(1)

If his or her employment as a covered employee commenced before October 9, 1975, such employee shall receive an amount equal to four weeks' salary at the salary level of the employee at the time of termination, plus one week's salary at the employee's salary level at the time of termination for each full year of employment by the City of Englewood (including employment in the employee's present position and in any prior position), plus accumulated, unused sick days, calculated at the salary which the employee received for the period to which such sick leave days are attributable. An employee entitled to receive benefits prescribed by this subsection shall not be entitled to receive any other or additional benefits by reason of any earlier service in the classified service of the City, or earlier service as a member of the Police or Fire Departments prior to becoming a Chief or Deputy Chief, nor by reason of any collective negotiation agreement which may have governed any such earlier service, it being the intent of this chapter that the benefits provided by this subsection shall be in lieu of all such other or additional benefits which such employee might otherwise have been entitled.

(2)

If his or her employment as a covered employee commenced on or after October 9, 1975, such employee shall receive payment for accumulated unused sick days, calculated at the salary which the employee received for the period to which such sick leave days are attributable, plus, if such employee has completed more than 12 months of employment with the City then, for each additional full month of employment (beyond 12 months) completed by the employee at the time of termination of employment, the employee shall receive 1/12 of one week's salary, to a maximum of four weeks' salary. Notwithstanding the foregoing provisions of this Subsection A(2), any employee to whom the provisions of this subsection shall apply, who commenced employment prior to December 15, 1980, shall, in lieu of the foregoing, be entitled to receive the termination benefits which were provided for such employee prior to December 15, 1980, which is to say that upon termination of employment, such employee shall receive, in addition to payment for accumulated unused sick days, an amount equal to four weeks' salary, regardless of the number of years of employment completed at the time of termination. For the purposes of this subsection, weekly salary shall mean salary computed at the salary level of the employee at the time of termination.

(3)

In the event that a covered employee is employed by the City prior to October 9, 1975, but terminates such employment and subsequently becomes reemployed by the City as a covered employee on or after October 9, 1975, then, with respect to such subsequent employment, he or she shall be treated as an employee whose employment commenced on or after October 9, 1975.

(4)

If an employee, at the time of termination of his or her employment by the City, is eligible to receive benefits prescribed by Subsection A(2) of this section (by reason of becoming a covered employee after October 9, 1975) and if such employee, prior to becoming a covered employee, was entitled to receive other termination benefits provided by ordinance or by collective negotiation agreement for members of the classified service of the City of Englewood or members of the Police or Fire Department other than Chiefs or Deputy Chiefs, then upon termination of employment with the City such employee shall be entitled to receive:

(a)

The accrued benefits to which he or she was entitled as a member of the classified service (or a member of the Police or Fire Department prior to becoming Chief or Deputy Chief), as of the date he or she became a covered employee, such benefits to be computed pursuant to ordinance and/or collective negotiation agreements in effect at the time of such movement; and

(b)

Benefits provided by Subsection A(2) of this section computed and accrued from the date on which he or she became a covered employee.

(5)

The term "accumulated unused sick days," as used in this article, shall mean the total of the annual sick days to which an employee covered by this article was entitled during each calendar year of his employment with the City of Englewood, commencing with the commencement of his employment by the City of Englewood, less the number of such sick days actually used by such employee during each such year.

(6)

For purposes of this article, employees shall be deemed to have been entitled to the following number of sick days during each calendar year of their employment:

(a)

For employees other than members of the Police or Fire Department, for each year prior to 1973: 12 days per year.

(b)

For employees other than members of the Police or Fire Department, for 1973 and each year thereafter: 15 days per year.

(c)

For members of the Police Department and Fire Department, for each year from the start of employment: 15 days per year.

(7)

Notwithstanding any other provision in any other subsection of this § 56-77, payment for accumulated sick days, which have been accumulated after August 31, 1981, shall be paid at a rate equal to 50% of the daily salary rate which the employee received for the period to which such sick days are attributable. The provisions of this Subsection A(7) shall not affect the method of computing payment for accumulated sick days which were accumulated on or before August 31, 1981.

[Amended 7-21-1981 by Ord. No. 81-31]

(8)

With respect to any employee to whom the provisions of this article apply and who would otherwise be entitled to receive terminal compensation upon the termination of his or her services with the City of Englewood, the City Manager may, at the request of such employee, pay to such employee all or a portion of the termination compensation to which such employee would be entitled upon termination of employment notwithstanding that such employee has not terminated his or her services within the City of Englewood. With respect to any such terminal benefits which would otherwise be calculated at the salary level of the employee at the time of termination, terminal compensation benefits paid under this subsection shall be calculated at the salary level of the employee at the time of the payment of such benefits. Any payments hereunder shall be credited to and applied against the terminal compensation benefits which such employee would otherwise have been entitled at the time of termination. Notwithstanding anything to the contrary, the payment of terminal compensation to the City Manager pursuant to this subsection shall be subject to the approval of the City Council. Nothing contained herein shall be deemed to require the City Council or the City Manager to authorize the payment of terminal compensation prior to an employee's termination of employment with the City of Englewood.

[Added 5-19-1987 by Ord. No. 87-32]

The City Manager is authorized to pay health benefits to employees retired under the State of New Jersey Pension Programs until the retired employee attains the age of 65 years old.

[Added 12-3-1996 by Ord. No. 96-41]