Commencing January 1, 1989, and continuing through December 31, 1991,[1] the following terms and conditions shall apply to the extension of any such fringe benefits,[2] incorporated in such collective bargaining agreements, to any exempt employee of the County of Suffolk who is earning $40,000 or more annually:
A.
Compensatory time. No exempt employee shall be entitled to compensatory time under any provision of any pertinent collective bargaining agreement entered into by the County of Suffolk and a pertinent recognized or certified employee organization intended to replace, extend or continue any pertinent existing collective bargaining agreement between the same such parties which has expired or will expire during calendar year 1988, anything in any such existing agreement or subsequent agreement to the contrary notwithstanding.
B.
Accumulated sick leave. Upon separation from County service, either by retirement or death, an exempt employee shall be granted payment by the County for unused accumulated sick leave accrued prior to December 31, 1988, which has vested in such exempt employee as of that date and remains unused at the time of separation, subject to preexisting limitations, at the rate of one day to be paid for every four days accumulated, up to a total of 90 days paid for 360 days accumulated. Any unused accumulated sick time over and above this limit shall be deemed forfeited upon the employee's separation from service, including any instance in which such employee may be subsequently rehired by the County, under any provision of any such collective bargaining agreement, anything in any such existing agreement or subsequent agreement to the contrary notwithstanding. This payment shall be made on the basis of the value of such accrued sick time computed as of December 31, 1988, regardless of when actual payment is made.[3]
C.
Unused vacation time. Upon separation from County service by retirement, resignation, termination or death, an exempt employee shall be granted payment by the County for unused vacation time for all unused vacation time accrued prior to December 31, 1988, which has vested in such exempt employee as of that date and remains unused at the time of separation, subject to preexisting limitations of only a certain number of days being permitted to be carried over to a succeeding year unless previously approved in writing by the County Executive for administrative personnel or by the Presiding Officer of the County Legislature for legislative personnel, to be made on the basis of the value of such accrued vacation time computed as of the time of separation from County service. Any unused accumulated vacation time over and above this limit shall be deemed forfeited upon the employee's separation from service, including any instance in which such employee may be subsequently rehired by the County, under any provision of any such collective bargaining agreement, anything in any such existing agreement or subsequent agreement to the contrary notwithstanding.
D.
Accrual of vacation time. Exempt employees shall be entitled to accrue 20 vacation days during calendar year 1989, 20 vacation days during calendar year 1990 and 20 vacation days during calendar year 1991. Any exempt employee who has achieved 10 years of County service shall be entitled to accrue an additional five vacation days per year during calendar year 1989, calendar year 1990 and calendar year 1991, as long as such exempt employee has achieved the 10th year of service as of December 31 of the year immediately preceding the calendar year in which such additional vacation days would be accrued by said exempt employee. Unused vacation time may be carried over from year to year by an exempt employee, up to a total of 30 days. Upon separation from County service by retirement, resignation, termination or death, an exempt employee shall be granted payment by the County for unused vacation time accrued on or after January 1, 1989, at the rate of one day to be paid for every two days accumulated, up to a total of 30 days paid for 60 days accumulated. Any unused accumulated vacation time over and above this limit shall be deemed forfeited upon the exempt employee's separation from County service, including any instance in which such employee may be subsequently rehired by the County, anything in any existing or subsequent collective bargaining agreement to the contrary notwithstanding. Any vested vacation day accruals as of December 31, 1988, and any approved by carry-overs of unused vacation time from year to year vested as of December 31, 1988, shall not be computed against this sixty-day limit.[4]
[4]
Editor's Note: Res. No. 655-2001, adopted 8-7-2001, provided (and Res. No. 1269-2001, adopted 12-18-2001, restated) that, effective 1-1-2001, notwithstanding the provisions of Res. No. 659-1988, upon separation from County service by retirement, resignation, termination or death, an exempt employee would be granted payment for unused accumulated vacation leave at the rate of one day to be paid for every day accumulated, up to a total of 60 days paid.
E.
Accrual of sick leave. Exempt employees shall be entitled to accrue 10 sick leave days during calendar year 1989, 10 sick leave days during 1990 and 10 sick leave days during calendar year 1991. Unused sick leave days shall be carried over from year to year by an exempt employee. Upon separation from County service by retirement, resignation, termination or death, no exempt employee shall be granted payment by the County for unused sick leave days accrued on or after January 1, 1989. Any such accumulated sick leave days shall be deemed forfeited upon the exempt employee's separation from service, including any instance in which such employee may be rehired by the County, anything in any existing or subsequent collective bargaining agreement to the contrary notwithstanding.[5] If all earned sick leave has been used, extended sick leave for an illness that lasts longer than 20 work days shall be granted at the rate of one pay period at half pay for each year of continuous service completed. An exempt employee, at his or her option, may utilize accumulated vacation days or personal leave days prior to accepting extended sick leave. In the event of a long-term disability, then an exempt employee shall qualify, after a forty-five-calendar-day waiting period, for a daily benefit commencing on the 46th day, equal to the amount paid by the New York Disability Insurance Program, for a period up to 52 weeks if the exempt employee elects to participate in said program.
[5]
Editor's Note: Res. No. 655-2001, adopted 8-7-2001, provided that, effective 1-1-2001, notwithstanding the provisions of Res. No. 659-1988, upon separation from County service by retirement or death, an exempt employee would be granted payment for unused accumulated sick leave at the rate of one day to be paid for every two days accumulated, up to a total of 90 days paid for 180 days accumulated. See also Art. XII, Sick Leave Pay for Exempt Employees, of this chapter.
F.
Accrued leave in cases of change to exempt status. If any nonexempt employee accepts an appointment, promotion or transfer to a position of employment that is designated as the status of an exempt employee under the terms of this article, then such individual shall have his or her accrued vacation days or sick leave day accruals frozen and computed as to dollar value and as to title or position held by such employee as of the effective date of such appointment, promotion or transfer to the position or status of exempt employee. Upon separation from County service, such exempt employees shall also be entitled to receive the amount of such computed payment, to the extent that such accruals would be payable at separation from service under any pertinent collective bargaining agreement entered into by the County of Suffolk and a pertinent recognized or certified employee organization applicable at the time of appointment, promotion or transfer, in addition to such other payments as may be earned under the other provisions of this article. All other provisions of this article not inconsistent with this subsection shall apply to such individuals.
G.
Disposition of accrued leave upon separation from County service. Upon separation from County service by retirement, resignation, termination or death, no payment shall be granted by the County to an exempt employee for unused personal leave days, compensatory time, overtime pay, holiday and special days pay and other like compensation, as the case may be, under any provisions of any such collective bargaining agreement, anything in any such existing agreement or subsequent agreement to the contrary notwithstanding.
H.
Other benefits. Any other fringe benefits not covered and addressed by Subsections A through G above, such as longevity pay, mileage reimbursements, personal days, meal allowances, maternity leave, uniforms, health insurance, life insurance, holidays, holiday pay, jury leave, emergency leave, cleaning allowances, clothing allowances, overtime, tuition reimbursements and such other similar benefits as may be contained in any collective bargaining agreement between the County of Suffolk and a pertinent recognized or certified employee organization pertinent to the group of exempt employees set forth in § 935-2 below, are hereby extended to such exempt employees for the period of January 1, 1989, through December 31, 1991.[6]
[6]
Editor's Note: See the note included at the beginning of this section regarding the extension of these provisions by Res. No. 242-1992.
I.
Exempt employees hired on or after January 1, 2013, shall contribute, through payroll deduction, 15% of the County's cost for their health insurance benefits. The County's cost for an exempt employee's health insurance benefit means the County's break-even contribution rate, as determined by the Employee Medical Health Plan Labor/Management Committee.
[Added 5-8-2012 by Res. No. 366-2012; amended 6-19-2012 by Res. No. 560-2012; 8-21-2012 by Res. No. 748-2012; 12-4-2012 by Res. No. 1161-2012]
[1]
Editor's Note: The provisions of this article were extended past 12-12-1991 by Res. No. 242-1992, adopted 4-7-1992, which provided as follows:
Whereas, Article I of Chapter 631 (now Ch. 935) of the Suffolk County Code was adopted for the purpose of establishing a three-year fringe benefits program for exempt employees on terms and conditions that would be affordable to the taxpayers of Suffolk County; and
Whereas, said plan for such benefits has expired as of December 31, 1991; and
Whereas, current fiscal circumstances highlight the need to extend a fringe-benefits program for exempt employees allowing for a review of current management practices consistent with the budget deficit and affordable to the taxpayers of Suffolk County; now, therefore, be it
Resolved, that the provisions of Article I of Chapter 631 (now Ch. 935) of the Suffolk County Code are hereby extended, pending a review of the current fringe benefits policy by the County of Suffolk, until such time as a new policy is enacted into law on a prospective basis from the effective date of such legislation.
[2]
Editor's Note: As used in the preamble to the resolution appearing in this article, the phrase "such fringe benefits" refers to the fringe benefits granted in County employment contracts, such as compensatory time, personal time, sick time and vacation time, which benefits have been extended to various County employees who are excluded from bargaining units or who are part of salary plans which exist outside of the collective bargaining process.