[HISTORY: Adopted by the Town Board of the Town of Brookhaven 5-2-2006 by L.L. No. 9-2006, effective 1-1-2006. Amendments noted where applicable.]
The Town Board deems it important to review how the Town, as an employer, can assist its employees who mobilize into active military service.
All Town employees enjoy the rights and privileges afforded by the Uniformed Servicemember's Civil Relief Act (USCRA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and New York Military Law § 242. However, it is the intent of the Town Board to go beyond what is required by these statutes. We wish to provide our employees benefits that will help them stay focused on their duties while deployed and create an atmosphere in the Town workplace that develops a sense of loyalty and pride among service members employed by the Town of Brookhaven.
The Town Board feels the legislation contained herein is necessary and proper to help Brookhaven Town employees cope with the expenses often associated with deployment into the Armed Forces. All of the Town's residents benefit from the security provided by the United States Armed Forces. Therefore, Town employees who volunteer to participate in that function deserve the help made available by this legislation.
This legislation is in no way intended to afford any employee benefits he or she would not be entitled to "but for" their military service. It is the intent of this legislation to provide Town employees with at least the same benefits they would have enjoyed had they not been deployed. Therefore, if the employer makes any changes to the benefits described herein during an employee's absence due to military service (for example: change in medical benefits plan, changing or dropping of an employee benefit fund, etc.), it shall be the policy of the employer to treat the deployed employee as if the deployed soldier was here at work. The employer shall provide or retract such new or amended benefits from the deployed employee in the same manner the employer has done to all of its other employees in the same class as the deployed employee.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- ADDITIONAL ENTITLEMENTS
- Monies that service members may be entitled to in addition to their base pay. Such monies may include, but are not limited to, combat zone pay, jump pay, variable housing allowance (VHA), basic allowance for quarters (BAQ) and/or per diem.
- BASE PAY
- The amount of compensation reported by the United States Department of Defense each year demonstrating the monthly, base compensation that service members in any and all of the uniform services will receive depending on the pay grade and number of years of service of the service member. Employees may prove their base pay by offering the employer their latest Leave and Earning Statement (LES), which is provided monthly by the Department of Defense and available on-line to the servicemember. Calculating the annual base pay shall be done by multiplying the employee's monthly base pay by 12.
- BASE SALARY
- The amount of compensation an employee would receive on an annual basis for work normally required over 52 weeks, excluding any and all kinds of premium pay (including, but not limited to, overtime, night differential and expense reimbursements).
- Any person employed full-time (not on a seasonal or temporary basis) by the Town of Brookhaven who is a member of the National Guard of any state, the Reserve of any branch of the United States Armed Forces, or who is retired or separated from any branch of the United States Armed Forces.
- The Town of Brookhaven.
- ORDERED TO ACTIVE DUTY
- Orders, which comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and direct the employee to report to active duty for any reasons other than for training purposes and for a period exceeding 89 days.
When an employee is ordered to active duty and the employee's annual "base salary" as of the employee's first day of active duty is greater than the annual "base pay" the employee will receive in his or her current pay grade in the military (no "additional entitlements" are to be included in this calculation), the difference between the two annual sums shall be divided by 26, and the employee or his or her designated family member or agent shall receive that amount on the employer's regular pay days for up to 26 pay periods or until the employee is discharged from active military service, whichever occurs first.
When an employee is ordered to active duty and he or she is enrolled in a family employee medical plan, the Town shall continue to pay the employee's medical plan premiums in order to keep the family medical plan in effect during the employee's absence, for up to two years.
When an employee is ordered to active duty and he or she has family members who may benefit from an employee benefit fund [for example: the current (3/2006) CSEA Employee Benefit Fund; a/k/a: "Package 7"], the Town shall continue to pay the employee's premiums for the employee benefit fund in order to keep those benefits in effect during the employee's absence, for up to two years.
If the employer makes any changes to the benefits described herein during an employee's absence due to military service (for example: change in medical benefits plan, changing or dropping of an employee benefit fund, etc.), it shall be the policy of the employer to treat the deployed employee as if the deployed soldier was here at work. The employer shall provide or retract such new or amended benefits from the deployed employee in the same manner the employer has done to all of its other employees in the same class as the deployed employee.
Any employee ordered to active duty shall receive 10 vacation days (the equivalent thereof in vacation hours) on their next payroll cycle following their notification to the employer. In the event the employee does not deploy, the Town may recoup these 10 days via deductions from the employee's then-existing or future vacation or sick leave accruals.
The effective date of this legislation shall be January 1, 2006. The benefits authorized and provided to any deployed employee under this chapter shall apply retroactively from January 1, 2006.
When an employee is ordered to active duty, he or she must notify his or her immediate supervisor and the Commissioner of the respective department. When the employee receives written orders, a copy of those orders, a copy of the current year's Military Pay Chart and a copy of his or her latest Leave and Earnings Statement (LES) must be submitted to the Department of Personnel (Personnel). Personnel shall review the orders and determine which (if any) benefits the employee may be entitled to in the Brookhaven Employee Servicemember Benefits and Compensation Protection Act. This benefit analysis shall include: 1) comparing the employee's annual base salary to the employee's military base pay, 2) reviewing the employee's latest Leave and Earnings Statement (LES), 3) reviewing the employee's medical benefits plan (if any), and 4) determining whether or not the employee has any family members who are eligible to receive benefits under any existing employee benefit fund.
If Personnel determines that any of the provisions of this chapter apply to the employee, Personnel shall provide and accommodate those benefits accordingly.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be limited in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Town Board of the Town of Brookhaven hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.