[HISTORY: Adopted by the Town Board of the Town of Deerpark by L.L. No. 8-1999. Amendments noted where applicable.]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
This chapter may be known and cited as the “Health Insurance Buyout Law for the Town of Deerpark.”
To provide an alternate or substitute fringe benefit to eligible employees of the Town otherwise entitled to receive health insurance coverage from the Town. It has been determined to be in the best interest of the Town to offer annually to such eligible employees cash payments in lieu of health insurance, subject, however, to law and prevailing contractual obligations of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person holding a position of employment in the service of the Town, but shall not include a volunteer, any person not compensated for his services or an independent contractor. The term "employee" shall include a former retired employee.
- The Town of Deerpark, County of Orange, State of New York.
Upon compliance by the employee with the provisions of this chapter and subject to all laws, rules, regulations, and contractual obligations of the Town, the Town shall provide to its eligible employees a cash payment, in lieu of entitlement from the Town, of health insurance coverage.
The cash payment in lieu of medical insurance shall be made in accordance with this chapter. Elected officials are not eligible for this buyout.
An eligible employee entitled to receive health insurance coverage as a benefit of his or her employment shall deliver to the Town Clerk, each year, an original signed statement of waiver of health insurance benefits from the Town, for the current calendar year, on a form to be provided by the Town. Such delivery shall be deemed a request by the eligible employee that the Town not provide health insurance benefits for such employee for the then current calendar year and that such eligible employee opts instead to receive a cash payment in lieu of medical benefits. A Town employee exercising such option shall receive credit for each full calendar month of waived benefits for that calendar year. All credit shall terminate upon the effective date of health insurance benefits if such employee reenters the health insurance program provided by the Town. The agreement to pay a lump sum shall be made in writing.
A Town employee exercising the option to waive entitlement to health insurance coverage and to receive a cash payment in lieu of medical insurance benefits may cancel such waiver at any time during the calendar year by written notice delivered to the Town Clerk. A Town employee canceling and terminating a waiver of health insurance by the Town may make written application to reenter the insurance program provided by the Town.
Insofar as the provisions of this chapter are inconsistent with the provision of any other law, or contractual obligation of the Town, the provisions of this chapter shall be controlling.
The benefits of this chapter will inure only to employees as defined herein, or as otherwise defined by the Town Board as eligible and entitled to receive health insurance as a benefit of employment and shall not enlarge or diminish the rights of any other party, nor shall any provision of this chapter be construed to affect, alter, or repeal any provision of the Worker's Compensation Law.
The benefits of this chapter shall be extended to an employee of a negotiating unit for which an agreement has been negotiated pursuant to Civil Service Law, only if such agreement expressly so provides.