[Adopted 6-28-1999 by L.L. No. 3-1999;
amended in its entirety 3-5-2012 by L.L. No. 1-2012]
This article may be known and cited as the "Health Insurance
Buyout Law for the Town of Athens."
A.Â
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.
B.Â
On August 10, 1998, the Town Board of the Town of Athens passed a
resolution which provided an alternate or substitute fringe benefit
to eligible employees of the Town otherwise entitled to receive health
insurance coverage from the Town. Thereafter, it was determined that
such benefit could not be provided pursuant to resolution. The Town
Board of the Town of Athens by Local Law No. 3 of 1999 provided this
same fringe benefit to such eligible employees retroactively to the
date of the aforesaid resolution and from that date forward.
C.Â
The Town Board of the Town of Athens has now determined that this
fringe benefit should be provided to employees, retirees and elected
officials retroactively to January 1, 2012, and from that date forward.
As used in this article, the following terms shall have the
meanings indicated:
Supervisor, Council Persons, Town Clerk, Town Justices and
Superintendent of Highways.
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 or her services or an independent contractor. The term "employee"
shall include a former retired employee.
The Town of Athens. County of Greene. State of New York.
A.Â
Upon compliance by the employee and elected official with the provisions
of this article and the Town of Athens Employee Handbook and subject
to all laws, rules, regulations and contractual obligations of the
Town, the Town shall provide to its eligible employees and elected
officials a cash payment in lieu of entitlement from the Town of health
insurance coverage.
B.Â
The cash payment in lieu of medical insurance shall be made in accordance
with the Employee Handbook.
C.Â
An eligible employee or elected official entitled to receive health
insurance coverage as a benefit of his or her employment shall deliver
to the Town Bookkeeper, 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 or elected official
that the Town not provide health insurance benefits for such employee
or elected official for the then current calendar year and that such
eligible employee or elected official opts instead to receive a cash
payment in lieu of medical benefits as specified in the Employee Handbook.
A Town employee or elected official 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 or elected official re-enters
the health insurance program provided by the Town.
D.Â
A Town employee or elected official 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
Bookkeeper. A Town employee or elected official 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 article are inconsistent with
the provision of any other law or contractual obligation of the Town,
the provisions of this article shall be controlling.
The benefits of this article will inure only to employees or
elected officials 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 article be construed
to affect, alter or repeal any provision of the Workers Compensation
Law.
The benefits of this article shall be extended to an employee
of a negotiating unit for which an agreement has been negotiated pursuant
to the Civil Service Law only if such agreement expressly so provides.
