[HISTORY: Adopted by the Board of Trustees of the Village of Menands as indicated in article histories. Amendments noted where applicable.]
Article I Retirement Incentive Program
Article II Retroactive Requests for Retirement
[Adopted 8-5-1991 by L.L. No. 2-1991]
The Village of Menands hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 178, Laws of 1991.
The commencement date of the retirement incentive program shall be October 3, 1991.
The open period during which eligible employees may retire and receive the additional retirement benefit shall be 90 days in length.
The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this chapter 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 and Local Employees' Retirement System, and it shall be paid by the Village of Menands for each employee who receives the retirement benefits payable under this chapter.
The following review process is hereby established for requests for retroactive retirement credit made under § 803 of the Retirement and Social Security Law arising out of employment by the Village:
Upon receipt of any such request by a member, the Clerk-Treasurer shall review all employment records of the member making such request to determine the first date of continuous employment and other various eligibility issues as defined in § 803 of such article and report the same to the Village Board. The Clerk-Treasurer shall request, in writing, any relevant information that such member may have in his or her possession.
Upon completion of the gathering of information as required by Subsection A above, the Village shall notify such member at the address appearing on the application form by certified mail, return receipt requested, of his or her option either to submit a written statement of facts in support of such request, signed by the member before a notary public, with any evidence, including any relevant written statements of any witnesses, also signed before a Notary Public, in support of such claim attached thereto, to the Village Clerk-Treasurer for return to the Village Board or to appear before the Village Board in person with all such written materials at a time and place to be arranged by the member making such claim and the Village Clerk-Treasurer.
The written notice required by Subsection B hereof shall apprise the member making such request that, in order to prove that he or she did not participate in a procedure described in Subdivision b(3)i or ii of § 803 of the Retirement and Social Security Law, he or she must do so by substantial evidence.
Said member must submit said written statement of facts with exhibits, if any, or, if he or she so desires, appear before the Village Board with such submission within 60 days of receipt of the notice described in Subsection B hereof.
Subsequent to receipt of said submission of the member making such request or the passage of 60 days after receipt of the notice described in Subsection B hereof without said written submission having been received by the Village, the Village Board shall review the claim in executive session and shall, by majority vote of the entire Board, determine whether the requested relief is appropriate in accordance with § 803 of the Retirement and Social Security Law.
Should the Village Board determine that the relief sought is appropriate, it shall cause an affidavit evidencing the same to be filed with the retirement system.
Should the Village Board determine to deny the relief sought, it shall cause an affidavit of denial to be filed with the retirement system.
The Mayor is authorized to execute any such affidavit of findings on behalf of the Village.