[Adopted 12-29-2003 by L.L. No. 4-2003]
[1]
Editor's Note: Former Art. VIII, Vacation Schedule for Non-Highway Department Employees, adopted 10-14-2003, which consisted of § 54-57, Schedule establsihed, was repealed 7-8-2008 by L.L. No. 4-2008. Said local law also redesignated former Art. IX as Art. VIII, and §§ 54-58 through 54-63 as §§ 54-57 through 54-62, respectively.
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 article, the following terms
shall have the meanings indicated:
All employees eligible for health insurance as defined in
the Town's Medical Insurance Policy and Procedure.[1]
The Town of Greenwich, County of Washington, State of New
York.
[1]
Editor's Note: See Art. VI, Medical Insurance.
A.
Upon compliance by the employee with the provisions
of this article and subject to all laws, rules, regulations, and contractual
obligations of the Town, the Town shall provide to the Town's employees,
an annual cash payment in lieu of medical benefits as offered under
the Town's health insurance coverage program.
[Amended 9-28-2004 by L.L. No. 2-2004]
B.
The annual cash payment in lieu of medical insurance
shall be set initially at $2,000. The Town Board may, by resolution,
modify and change the annual cash payment allocation for Town employees.
The annual cash payment in lieu of benefits will be made in one payment
on December 20 of each year. The annual cash payment will be prorated
for employees who leave service before December 1 in any year, such
prorated payment to be made on December 20. To the extent such payments
are taxable to the employee, the Town will withhold any taxes required
by law from the payment made to the employee.
C.
An eligible employee entitled to receive health insurance
coverage as a benefit of his or her employment shall deliver to the
Supervisor's office each year on or before October 31, an original
signed statement of waiver of health insurance benefits from the Town,
for the next 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 next calendar year and that such eligible employee opts instead
to receive, at the end of such next calendar year, 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 re-enters the health
insurance program provided by the Town. Any employee newly hired after
the October 31 date may apply for the waiver of benefits and receive
a prorated cash payment on the December 20 date, provided such written
election is made within three business days of commencing employment
with the Town.
[Amended 12-28-2016 by L.L. No. 1-2017]
D.
Cancellation of waiver.
(1)
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 Supervisor based
on one of the following reasons:
(a)
Death of a spouse or child, divorce or a child's
attainment of the maximum age for coverage of a dependent;
(b)
The employee's spouse loses his or her coverage
due to termination of employment;
(c)
The employee's employment with the Town terminates;
or
(d)
The employee chooses to reenter the Town's insurance
program during an open enrollment period.
(2)
A Town employee canceling and terminating a waiver
of health insurance by the Town may make written application to re-enter
the health insurance program provided by the Town.
Insofar as the provisions of this article are
inconsistent with the provision of any other law, or contractual obligation
of the Town, the provisions of such other law, act or contractual
obligation shall be controlling.
The benefits of this article will only be available
to employees as defined herein, or as otherwise identified by the
Town Board of the Town 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 provisions of this article
be construed to affect, alter, or repeal any provision of the Worker's
Compensation Law.
The Town may, by resolution, eliminate the annual
cash payment in lieu of health insurance benefits, suspend such annual
cash payment for any given year or modify the amount of the annual
cash payment. Such resolution shall be passed no later than the October
monthly Board meeting to provide employees with time to make a decision
for the next year.
