[HISTORY: Adopted by the Town Board of the Town of Deerpark by L.L.
No. 8-1999[1]. Amendments noted where applicable.]
[1]
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.
A.
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.
B.
The cash payment in lieu of medical insurance shall be
made in accordance with this chapter. Elected officials are not eligible for
this buyout.
C.
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.
D.
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.
