Town of New Castle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Castle 7-27-2010 by L.L. No. 8-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 22.
[1]
Editor's Note: This local law also repealed former Ch. 5, Employees' Retirement Incentive Program, adopted 8-10-1999 by L.L. No. 16-1999, amended in its entirety 8-13-2002 by L.L. No. 6-2002.
A. 
The Town of New Castle hereby elects to provide its eligible employees with the Part A retirement incentive program authorized by the State of New York ("State") under Chapter 105 of Laws of 2002 ("State Enabling Law").
B. 
The Town of New Castle hereby elects to provide its eligible employees with the Part B retirement incentive program authorized by the state under the State Enabling Law.
[Added 7-27-2010 by L.L. No. 6-2010]
(1) 
Eligible titles. Eligible Town employees in the following titles may qualify for the retirement incentive program authorized under Part A of the State Enabling Law:
(a) 
Titles.
[1] 
Town Administrator.
[2] 
Deputy Town Administrator.
[3] 
Comptroller.
[4] 
Assessor.
[5] 
Town Clerk/Receiver of Taxes.
[6] 
Building and Plumbing Inspector Grade II (2).
[7] 
Deputy Town Engineer.
[8] 
Environmental Coordinator.
[9] 
Secretary Planning Board.
[10] 
Senior Office Assistant (Engineering).
[11] 
Senior Office Assistant (DPW).
[12] 
Senior Office Assistant (Recreation).
[13] 
Deputy Commissioner of Public Works.
[14] 
Assistant to Commissioner of Public Works.
[15] 
Recreation Assistant (Computer Operator).
[16] 
Community Service Worker.
[17] 
Office Assistant (Automated Systems Police).
[18] 
Recreation Supervisor (2).
[19] 
Recreation Supervisor, Seniors.
[20] 
Superintendent of Recreation.
[21] 
Social Worker.
[22] 
Heavy Motor Equipment Operator (4).
[23] 
Motor Equipment Operator (4).
[24] 
General Foreman.
[25] 
Auto Mechanic (2).
[26] 
Maintenance Mechanic, Auto.
[27] 
Supervisor of Water Systems Operations.
[28] 
Assistant Water Foreman.
[29] 
Water Maintenance Worker Grade 1 (2).
(b) 
The Town Board may remove titles from the foregoing list of eligible titles by resolution adopted at any time before the commencement date.
(2) 
Commencement date and open period. For the retirement incentive program authorized under Part A of the State Enabling Law, the commencement date shall be October 1, 2010, and the open period shall be 90 days.
(3) 
Findings as to reductions in service, health and safety, and revenue. The Town Board finds and determines that:
(a) 
In each of the titles identified in § 5-2(1)(a), the number of eligible Town employees who may qualify for the retirement incentive program authorized under Part A of the State Enabling Law is:
[1] 
Building and Plumbing Inspector Grade II: 2.
[2] 
Heavy Motor Equipment Operator: 4.
[3] 
Motor Equipment Operator: 4.
[4] 
Auto Mechanic: 2.
[5] 
Water Maintenance Worker Grade 1: 2.
[6] 
All others: all.
(b) 
The reduction of all or part of the positions filled by eligible Town employees included in the calculations in § 5-2(3)(a), would not unacceptably:
[1] 
Directly result in a reduction of the level of service required or mandated to protect and care for clients of the state or Town or to assure public health and safety.
[2] 
Endanger the health or safety of employees of the state or Town.
[3] 
Clearly result in a loss of significant revenue to the state or Town or result in substantially increased overtime or contractual costs.
(4) 
Payment of benefits. The actuarial present value of the additional retirement benefits payable by the Town under the Part A retirement incentive program authorized by State Enabling Law shall be paid as one lump sum or in five annual installments. The amount of the annual 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 for each employee who receives the retirement benefits payable under this Chapter 5.
[Added 7-27-2010 by L.L. No. 6-2010]
A. 
Eligible titles and positions. All eligible Town employees may qualify for the retirement incentive program authorized under Part B of the State Enabling Law except for those in the following positions:
(1) 
Positions.
(a) 
None are excepted.
(2) 
The Town Board may add positions to the foregoing list of excepted positions by resolution adopted at any time before the commencement date.
B. 
Commencement date and open period. For the retirement incentive program authorized under Part B of the State Enabling Law, the commencement date shall be October 1, 2010, and the open period shall be 90 days.
C. 
Findings as to public health and safety. The Town Board finds and determines that the employee positions excepted by § 5-3A from eligibility for the retirement incentive program authorized under Part B of the State Enabling Law are critical to the maintenance of public health and safety.
D. 
Payment of benefits. The actuarial present value of the additional retirement benefits payable by the Town under the Part B retirement incentive program authorized by State Enabling Law shall be paid as one lump sum or in five annual installments. The amount of the annual 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 for each employee who receives the retirement benefits payable under this Chapter 5.
(1) 
The provisions of this Chapter 5 shall be administered, implemented, and interpreted in accordance with the State Enabling Law.
(2) 
Terms which are defined in the State Enabling Law and used in this Chapter 5 shall have the same meaning in this Chapter 5 as in the State Enabling Law.