[HISTORY: Adopted by the Suffolk County Legislature 10-18-1995 by L.L. No.
30-1995 (Ch. 40 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
This Legislature hereby finds that recent incidents have arisen involving
individuals who are currently collecting disability pensions while
working as employees of the County of Suffolk and performing tasks
that require significant physical exertion.
This Legislature hereby finds and determines that employing such
individuals with hard-earned taxpayer dollars promotes the perception
that abusive practices are condoned by Suffolk County, feeds public
mistrust of elected officials, and erodes the already tenuous public
confidence in government in general.
Therefore, the purpose of this chapter is to prohibit the receipt
of any New York State disability by any individual who is employed
by Suffolk County when such receipt is in violation of any applicable
provision of New York State law.
The New York Civil Service Law (§ 150) and the New York
Retirement and Social Security Law (§ 402) include provisions
which require the termination or reduction of pension and annuity
payments, including those made on the basis of disability, when an
individual receiving such pension or annuity returns to public sector
employment in New York State. The County of Suffolk shall coordinate
with the State Comptroller under pertinent provisions of § 402
of the New York Retirement and Social Security Law regarding medical
examinations performed by the State Comptroller to ascertain whether
or not an employee collecting a state disability allowance is engaged
in a gainful occupation that is incompatible with the underlying disability
and whether an employee is able to perform the essential functions
of his or her job.
Every individual applying for employment with Suffolk County shall
be advised, as part of the application process, that he or she will
be asked, upon commencing employment, if he or she is currently receiving
any form of disability payment from New York State. If he or she is
receiving such payment, the County shall notify the New York State
Comptroller, who will take such action as may be warranted in the
event that continued receipt of such disability payments is in violation
of the New York Civil Service Law and/or New York Retirement and Social
Security Law.
Each newly hired or promoted County employee shall be required to
complete a sworn affidavit at least 20 business days subsequent to
commencing work for the County of Suffolk which affirms that the employee
is not currently receiving any form of New York State disability payments
or the employee is currently receiving a New York State disability
payment and identifies the nature and source of such payment. This
affidavit shall be filed with the Suffolk County Department of Human
Resources, Personnel and Civil Service at least five business days
subsequent to the twenty-day period described above. Failure to file
such affidavit in a timely fashion shall result in a withholding by
Suffolk County of further payment of compensation to such individual
pending such filing.[1]
Prior to certifying continued compensation to such individuals, the
County Department of Human Resources, Personnel and Civil Service
shall certify that such continued employment does not violate § 402
of the New York Retirement and Social Security Law, and that such
employee is still able to perform the essential functions of his or
her job.[2]
Where an affidavit indicates that an employee is receiving a New
York State disability payment, a copy of such affidavit shall be forwarded
to the New York State Comptroller by the Suffolk County Department
of Human Resources, Personnel and Civil Service within 10 days after
receipt of the affidavit by the Department to facilitate such action
by the State Comptroller as may be warranted to terminate or reduce
the New York State disability payment.[3]
Any individual who either intentionally fails to file an affidavit required by Subsection C of this section or who intentionally files an affidavit containing false statements as to the information required by Subsection C of this section shall be guilty of an unclassified misdemeanor punishable by a fine of $1,000 and/or a term of imprisonment not to exceed six months.
In the event that an individual is compensated in a position of County employment in violation of the provisions of this chapter, then the Suffolk County Comptroller shall seek reimbursement of all wages, salary or other forms of compensation, including the dollar value of fringe benefits, paid to said individual during any period of such violation, plus interest in the amount set forth in § 3-a, Subdivision 1, of the New York General Municipal Law.
This chapter shall apply to any individuals hired or promoted
subsequent to the effective date of this chapter.