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HomeMy WebLinkAbout2018-33RESOLUTION 2018-33 Creation of a One -Time Voluntary Early Retirement Incentive Program for Eligible Employees WHEREAS, the Town of Pulaski, Virginia, is a municipal corporation organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, as part of continued cost control measures for the Town of Pulaski, the Town has considered the possibility of offering a one-time Voluntary Early Retirement Incentive Program to Town Employees who qualify for reduced and unreduced VRS retirement benefits and have a minimum of 15 years of service for the Town by September 18, 2018; and WHEREAS, the intent of the Program is to reduce annual ongoing payroll costs by providing incentives for eligible employees to retire by providing retirement benefit enhancements; and WHEREAS, the Program will offer incentives than include 100% Town of Pulaski contribution for premium towards health insurance for one of three options: (1) employee only health insurance for five years or until the employee is eligible for Medicare (If applicable), (2) employee plus one health insurance for 3 years, or (3) employee plus family health care insurance for 2 years; and NOW, THEREFORE be it RESOLVED that the Town of Pulaski, Virginia establishes a One -Time Early Retirement Incentive Program as follows: Section 1: All current employees of the the Town of Pulaski Employee who qualify for reduced or unreduced retirement benefits with VRS as of September 1, 2018 and have a minimum of 15 years of service with the Town of Pulaski as of September 1, 2018. Section 2: Eligible Employees retiring pursuant to the Program between September 19, 2018 and January 4, 2019 will receive 100% Town of Pulaski premium contribution, limited by a a maximum total contribution of $50,000.00, for one of the following: (a) Employee only health insurance for five (5) years or until the employee is eligible for Medicare (If applicable), (b) Employee plus one health insurance for three (3) years, or (c) Employee plus family health care insurance for two (2) years. Section 3: In exchange for the incentives described, each participating employee shall execute an Agreement with the Town of Pulaski, Virginia setting forth the intended retirement date which shall be no later than January 4, 2019, and releasing all claims against the Town of Pulaski, Virginia. Section 4: The aforementioned sections generally define the Program, and the attached form of Agreement contains all the terms, conditions, timing, specifics and limitations of the Program as established by the Town. This resolution is hereby adopted by the Town Council of the Town of Pulaski, Virginia this 18th day of September, 2018 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn -Ave Joseph K. Goodman -A�ye Brooks R. Dawson -Aye G. Tyler Clontz - y - Gregory C. East -Aye James A. Radcliffe -Aye ZTH::N vo ATTEST: David N. Quesenberry Clerk of Council TOWN OF PULASKI EMPLOYEE VOLUNTARY EARLY RETIREMENT INCENTIVE PROGRAM AGREEMENT This Agreement, is entered into on the date of signature of the last party to sign it, by and between the TOWN OF PULASKI (hereinafter, the "TOP"), a municipal corporation, and , an employee of the TOP (hereinafter, "Employee"). In consideration of the mutual promises contained herein, the TOP and Employee agree to be bound by the terms of this Agreement. RECITALS WHEREAS, on September 18, 2018, the TOP established by resolution a voluntary one-time early retirement incentive program (the "Program") attached hereto as Exhibit A, pursuant to which the TOP offers eligible employees (defined below) certain additional benefits in exchange for retiring by January 4, 2019; and WHEREAS, the election period for the Employee to participate in the Program shall commence on September 19. 2018 and shall conclude at 5:00pm (EST) November 5.2018: and WHEREAS, the Employee has determined to proceed voluntarily with retirement pursuant to the Program established by Town Council on September 18.2018; and WHEREAS, the parties desire to confirm the specific details pertinent to the Employee's voluntary retirement; and NOW, THEREFORE, in consideration of the mutual promises and forbearances stated elsewhere in this Agreement, the parties agree as follows: (1) Eligibility Requirements. In order to be eligible for the Voluntary Early Retirement Incentive Program a TOP Employee must meet the following eligibility requirements as of September 18, 2018: a. Must be eligible to retire under VRS, whether reduced or unreduced VRS; and b. Must have at least 15 years of service for the Town of Pulaski. (2) Election to Participate in Program by Em llooyee. a. Employee may voluntarily elect to participate in the Program by executing documentation as described in this section. Employee may submit election documentation as soon as September 19, 2018; however, the deadline for submission is 5:00pm (EST) November 5, 2018. {2345688-2,108892-00001-01) b. Letter of Retirement By Employee: Prior to, or coinciding with, the execution of this Agreement, the Employee submitted a letter of retirement from his/her position with the Human Resources Manager, effective , 2018/9. The effective date of retirement must be January 4, 2019 or before. c. Execution of Agreement: Subsequent to, or coinciding with, the submission of a Letter of Retirement, the Employee submitted an executed Agreement to the Human Resources Manager, effective , 2018/9. d. The execution of this Agreement by the TOP will constitute acceptance of the tendered retirement without the necessity of further action on the part of the TOP. (3) Special Retirement Incentive for Eligible Employees. In consideration of the covenants, agreements, and releases made herein by the Employee, the TOP will provide one (1) of the following options to the Employee: a. Special Retirement Incentive Options: i. Five (5) years of single health insurance coverage, 100% premium paid by TOP {Initial here for election: } ;or ii. Three (3) years of health insurance coverage for the employee plus one dependent, 100% premium paid by TOP {Initial here for election: }; or iii. Two (2) years of health insurance coverage for the employee plus family, 100% premium paid by TOP {Initial here for election: I. iv. The Employee understands that such health insurance benefit will continue through the earlier of (i) the time period of the selected plan; the date Employee becomes Medicare eligible; or the date Employee dies. In the case of Employee becoming Medicare eligible, Employee -only will be transferred to the Medicare supplement program for the remainder of the originally agreed upon term, and the premium for the Medicare Supplement Plan through the current provider shall be paid by TOP. If the Employee selected option "ii" or "iii" above, coverage for the dependent(s) will continue until the end of the originally selected timeframe, subject to Medicare eligibility of the dependent which shall be treated the same as the Employee. v. All of the benefits and options described in this Program from the TOP provide Special Retirement Incentives subject to limitations detailed within this Agreement, the majority of which are listed below. b. Limitations on Special. Retirement Incentive: Town of Pulaski Voluntary Early Retirement Incentive Program Agreement 2 i. The benefit shall be for the medical insurance through the then current provider to TOP employees. The current provider is The Local Choice administered by Anthem BCBS. ii. The benefit shall be for the insurance plan through the current provider known as the Key Advantage 500 Plan, though the Retiring Employee may elect a then offered lower deductible plan and pay the additional premium quarterly in advance. In the event the insurance provider or program shall change, the insurance program which shall be provided to the Retiring Employee shall be such plan/program that the TOP offers which is most similar to the current Key Advantage 500 Plan. iii. The benefit for an individual who transitions to Medicare is a Medicare Supplement known as Advantage 65. In the event the insurance provider or program shall change, the insurance program which shall be provided to the Retiring Employee shall be such plan/program that the TOP offers which is most similar to the current Advantage 65. iv. The benefit shall be the amount of contribution the TOP pays in premium to provide the respective coverage option the Employee elected. In the event Employee elects a lower deductible plan, Employee is responsible for difference in premium cost payable in advance quarterly, and shall make payment for their respective portion 15 days prior to the quarter of coverage. v. The benefit payout provided herein is capped at Fifty Thousand Dollars ($50.000.00). The amount herein is a cap and is not redeemable or otherwise due in any other form to the employee. This cap exceeds what premiums would be paid based on the aforesaid elections, but is not guaranteed to cover future premiums due to inability to predict future premium costs. vi. The election is permanent once made, and cannot be altered to extend any time limits or expand to additional covered individuals, even if the cap has not been consumed. (4) Confirmation and Acknowledgement. Employee further understands and agrees that the TOP, prior to entering into this Agreement, was not required to make the payment specified herein under its normal policies and practices and Employee will receive no further wages, benefits, incentives or similar payments from the TOP, except those to which he/she would otherwise be entitled to as a retiree of the TOP or as set forth in this Agreement. (5) General Release. In consideration of benefits provided for herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Employee hereby releases, acquits, and forever discharges the TOP, together with the TOP's former and/or present individual officers, members, agents, representatives, Town of Pulaski Voluntary Early Retirement Incentive Program Agreement 3 contractor employees, and subcontractor employees, and attorneys (collectively referred to as the "TOP Releasees") from, and Employee does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against any of the TOP Releasees based upon: Any and all claims, demands, indebtedness, agreements, causes of action, obligations, damages, attorneys' fees, court costs, or liabilities of any nature whatsoever, including without limitation any claims under any federal, state or local employment laws, whether known or unknown, direct, indirect, contingent, suspected, or claimed, or from any act(s) or omissions(s) of any of the TOP Releasees, occurring as of or at any time prior to the execution of this Agreement, including but not limited to, those claims arising out of the Employee's participation in the Program, and also including but not limited to, any and all claims based on any state or federal statute, including but not limited to claims arising under the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, as amended, the Americans with Disabilities Act, and the Family and Medical Leave Act. Nothing in this Agreement is intended to, or shall, interfere with Employee's rights under federal, state, or local civil rights or employment discrimination laws to file or otherwise institute a charge of discrimination, to participate in a proceeding with any appropriate federal, state, or local government agency enforcing discrimination laws, or to cooperate with any such agency in its investigation. The provisions of the above paragraph shall not prohibit the Employee from filing a charge, testifying, assisting, or participating in any manner in any investigation, hearing, or proceeding with the Equal Employment Opportunity Commission or any other federal, state or local government agency, including the Virginia Employment Commission and the National Labor Relations Board; however, Employee knowingly and voluntarily waives his/her right to seek or accent any personal relief, monetary or otherwise, in such complaint, charge or proceedings brought against any of the TOP Releasees, regardless of who filed or initiated such complaint, charge or proceeding. (6) Covenants and Warranties. The parties covenant and warrant that they have not assigned, pledged, or transferred, in whole or in part, any of the claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, attorneys' fees, court costs, or liabilities released pursuant to this Agreement, as of or prior to the execution of this Agreement. (7) No Future Lawsuits. Employee promises never to file a lawsuit asserting any claims that are released in paragraph (5) herein. In the event Employee breaches this paragraph (7), Employee shall pay to the TOP (or other TOP Releasee affected by the breach) all of its expenses incurred as a result of such breach, including but not limited to reasonable attorney's fees and expenses. (8) Special Release Notifications. Employee acknowledges the following: Town of Pulaski Voluntary Early Retirement Incentive Program Agreement 4 a. That the benefits provided to Employee herein are greater than those to which Employee is already entitled to receive from the TOP; and b. That Employee has been advised that this release includes, but is not limited to, all claims under the ADEA arising up to and including the date of execution of this release, and that this release does not include claims that may arise after the date of execution of this release; and C. That Employee has been advised to consult with an attorney and/or other advisor of his choosing concerning his rights and obligations under this release; and d. That Employee has been advised to consider fully this release before executing it; and e. That Employee has been offered ample time and opportunity, in excess of 45 days, to do so; and £ That, during the 7 day period following the date Employee executes this Agreement, Employee may revoke his acceptance of the Agreement by delivering written notice to Town Manager, 42 1st Street NW, Pulaski, VA 24301. If Employee revokes acceptance, this Agreement shall not become effective or enforceable; if Employee does not revoke acceptance, the eighth (8th) day after execution by Employee shall be the effective date of this Agreement. (9) Construction of Agreement. a. Governing Law. This Agreement is, and shall be, governed by the laws of the Commonwealth of Virginia and is enforceable only in the state or federal courts of the Commonwealth of Virginia. b. Severablility Clause. Should any provision in this Agreement be declared or determined to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and the illegal or invalid part, term, or provision shall be deemed not to be part of this Agreement, and all remaining provisions shall remain valid and enforceable. (10) Acknowledgement. Employee acknowledges that Employee has signed this Agreement freely and voluntarily without duress of any kind. Employee has conferred with an attorney or has knowingly and voluntarily chosen not to confer with an attorney about the Agreement. In addition, Employee acknowledges that attached to this Agreement as Exhibit B is a chart listing the job titles and ages of all individuals participating the Program (as of this time) and the job titles and ages of all individuals (including those in the same job classification or organizational unit) not selected for the Program. The only time limitations and eligibility factors applicable to the Program are those contained in Town of Pulaski Voluntary Early Retirement Incentive Program Agreement 5 this Agreement. All employees in all departments of TOP were considered under the program. (11) Binding Agreement a. The parties agree that they are entering into this Agreement knowingly and voluntarily. b. The parties understand and agree that all terms of this Agreement are contractual and are not a mere recital, and represent and warrant that they are competent and possess the full and complete authority to covenant and agree as herein provided. It is the intention of the parties that the provisions hereof be binding upon the parties, their employees, affiliates, agents, heirs, successors and assigns forever. C. Employee understands, agrees, and represents that the covenants made herein and the releases herein executed may affect rights and liabilities of substantial extent and agrees that the covenants and releases provided herein are in his/her best interest. Employee represents and warrants that, in executing this Agreement, he/ she has had an adequate opportunity to consult competent counsel or other representatives of his/her choosing concerning the meaning and effect of each term and provision hereof, and that there are no representations, promises or agreements other than those expressly set forth in writing herein. d. The parties have carefully read this Agreement in its entirety; fully understand and agree to its terms and provisions, intend and agree that it is final and binding and understand that, in the event of a breach, either party may seek relief, including damages, restitution and injunctive relief, at law or in equity, in a court of competent jurisdiction. Furthermore, the parties agree that this document constitutes the entire agreement among the parties, and supersedes all prior written and verbal agreements. e. Any modification of this Agreement shall be binding only if evidenced in writing signed by both parties. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Town of Pulaski Voluntary Early Retirement Incentive Program Agreement 6 (SEAL) Employee Date of signature STATE OF TOWN/COUNTY OF Pulaski Town Manager Date of signature to -wit: (SEAL) 1, , a Notary Public in and for the said jurisdiction, do hereby certify that , whose name is signed to the foregoing, did appear before me to acknowledge the same in the jurisdiction aforesaid. GIVEN under my hand and seal this day of My commission expires: STATE OF TOWN/COUNTY OF to -wit: Notary Public 2018. 1, , a Notary Public in and for the said jurisdiction, do hereby certify that Shawn M. Utt, Town Manager for the Town of Pulaski, Virginia, whose name is signed to the foregoing, did appear before me to acknowledge the same in the jurisdiction aforesaid. GIVEN under my hand and seal this day of Notary Public My commission expires: Town of Pulaski Voluntary Early Retirement Incentive Program Agreement 7 2018. EXHIBIT B TOWN OF PULASKI VOLUNTARY EARLY RETIREMENT INCENTIVE PROGRAM DISCLOSURE STATEMENT ELIGIBILITY FACTORS The decisional unit for the Voluntary Early Retirement Incentive Program (i.e., those employees who were considered for inclusion) includes all employees of the Town of Pulaski ("TOP") . Employees are eligible and are included in the program only if they are eligible to retire under VRS, whether reduced or unreduced VRS, and that have at least 15 years of service with the TOP as of September 18, 2018. TIME LIMITS The only time limits are those described in Sections 2 and 8 of the Voluntary Early Retirement Incentive Program Agreement. THE JOB TITLES AND AGES OF ALL INDIVIDUALS SELECTED AND NOT SELECTED FOR VOLUNTARY RETIREMENT OFFER WITHIN THE DECISIONAL UNIT ARE SHOWN BELOW: Job Title Age as of September 18, 2018 (Selection Date) Selected for Voluntary Retirement Offer [yes/no] Account Clerk II 43.6 No Accounts Payable Specialist II 58.9 Yes Acount Clerk III 50.7 No Administrative Manager III 48.9 No Administrative Manager III 57.4 Yes Administrative Manager III 50.6 Yes Administrative Secretary II 46.2 No Administrative Secretary II 52.3 No Administrative Secretary II 23.5 No Assistant Finance Director 48.7 No (2345718-1,108892-00001-01) Assistant Superintendent 49.2 No Assistant to the Town Manager/Clerk of Council 61.2 Yes Building Permits Clerk 37.2 No Captain - Fire 35.0 No Captain - Fire 47.5 No Captain - Fire 35.8 No Captain - Police 53.3 Yes Code Enforcement Officer 56.3 No Community Relations Director 54.3 Yes Corporal - Police 28.8 No Corporal - Police 32.8 No Corporal - Police 26.2 No Corporal - Police 27.4 No Crew Leader - Streets 34.6 No Crew Leader - Streets 50.7 No Crew Leader - Streets 57.9 No Deputy Town Manager 42.0 No Director of Parks & Facilities 63.8 Yes Equipment Maintenance Technician 48.3 No Equipment Operator I 27.3 No Equipment Operator I 60.6 No Equipment Operator I 27.7 No Finance Director 42.3 No Fire Chief 39.0 No Fire Marshal 53.8 Yes Firefighter I 31.0 No Firefighter I 37.1 No (2345718-1,108892-00001-01) Firefighter I 31.9 No Gatewood Park Manager 54.0 Yes General Properties Superintendent 59.6 Yes Horticulturalist 56.5 Yes Human Resources Manager 66.1 No Information Technology Manager 64.1 Yes Laborer - General Properties 23.6 No Laborer - Sewer 20.2 No Laborer - Sewer 61.3 Yes Laborer - Streets Department 59.1 No Laborer - Streets Department 59.8 No Laborer - Streets Department 57.0 No Lieutenant - Police 44.0 No Lieutenant - Police 45.7 No Lieutenant - Police 53.0 Yes Meter Reader - Water Department 62.7 Yes Park Maintenance Technician 57.4 No Police Chief 64.6 Yes Police Detective 44.4 No Police Officer I 41.1 No Police Officer I 24.9 No Police Officer I 29.0 No Police Officer I 22.4 No Police Officer II 23.0 No Police Officer II 26.9 No Police Officer II 23.5 No Police Officer III 32.0 No Police Officer III 32.1 No (2345718-1. 108892-00001-01) Police Officer III 32.1 No Police Officer III 28.7 No Project Engineer 34.7 No Sergeant - Fire 38.2 No Sergeant - Fire 27.3 No Sergeant - Fire 30.0 No Sergeant - Police 42.9 No Sergeant - Police 42.5 No Sergeant - Police 37.1 No Sergeant - Police 32.9 No Sergeant - Police 34.8 No Sergeant - Police 56.7 Yes Street Superintendent 54.9 No Tax Specialist II 61.1 No Town Engineer 54.0 Yes Town Manager 42.2 No Town Planner 34.3 No Utility Billing Specialist II 44.5 No Vehicle Maintenance Superintendent 63.8 Yes Vehicle Mechanic 45.2 No Vehicle Mechanic 57.3 No Water Plant Assistant Chief Operator 55.2 No Water Plant Chief Operator 62.5 No Water Plant Operator I 30.2 No Water Plant Operator II 38.9 No Water Plant Operator II 55.5 No Water Plant Operator II 39.1 No Water Plant Operator II 40.2 No (2345718-1, 108892-00001-01) Water/Sewer Superintendent 49.1 No (2345718-1,108892-00001-01)