174.94
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO MAKE FORMAL
DETERMINATIONS REGARDING REQUESTS FOR RETROACTIVE MEMBERSHIP
UNDER RETIREMENT AND SOCIAL SECURITY LAW §803 AND
ESTABLISHING A FORMAL REVIEW PROCESS
RESOLUTION NO.: 174, 94
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, the New York State Retirement and Social Security Law
was revised by the State Legislature, such that provisions were
added authorizing the granting of retroactive transfer, retroactive
membership, and credit for previous service in certain situations,
and
WHEREAS, the New York State and Local Retirement System has
advised the Town that as a participating employer, there are a
number of things that must be done to help employees seeking to
claim benefits under the aforesaid legislative amendments, and
WHEREAS, the Town Board acknowledges that among the things
that must be accomplished pursuant to the Retirement and Social
Security Law is the authorization of someone in the organization to
make formal determinations regarding requests for retroactive
membership under §803 and the establishment of a formal review
process within the organization to receive and review applications
submitted for retroactive membership,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes and directs the following:
1. The Town Supervisor shall be the person authorized in
the Town of Queensbury to make formal determinations and
findings regarding requests for retroactive membership
as required by §803 of the New York State Retirement and
Social Security Law;
2. The Town Supervisor shall cause to be posted and
circulated to all Town employees, the information that
the Town has been provided about Article 18. The Town
Supervisor shall cause to be stated in any notices, that
to apply for any benefits under Article 18 of the
Retirement and Social Security Law, the employee must
have been a member of the New York State and Local
Retirement System on March 31, 1993 and that a member
application for retroactive membership under §803 of the
Retirement and Social Security Law be obtained by
contacting the Town Supervisor's office;
3. The following formal review process is hereby
established within the Town of Queensbury in connection
with requests for retroactive membership under
Retirement and Social Security Law §803:
A. The review process shall be commenced by an
employee (defined to be as contemplated by the New
York State Retirement and Social Security Law)
filing a member application for retroactive
membership pursuant to §803 of the Retirement and
Social Security Law and filing the appropriate part
of the application with the Town Supervisor;
B. Upon receipt, the Town Supervisor shall issue a
written letter or memo to the employee indicating
receipt of the aforesaid application and advise the
employee of any other information that the
Supervisor feels is necessary to assist in his/her
review of the matter, including any evidence that
the employee has, as to whether he/she was given
the opportunity to join the Retirement System when
beginning employment with the Town of Queensbury;
C. Upon receipt of the application and requested
information from the employee, the Town Supervisor
shall review the application, as well as any Town
records that may offer further information
regarding the application and the information
necessary to complete employee determination and
affidavit required by the New York Retirement and
Social Security Law §803. In connection with the
review, the Supervisor may request any additional
information he/she deems necessary or appropriate
from the New York State Retirement System;
D. After the Town Supervisor has reviewed the
application, together with any Town records or
other information he/she shall deem pertinent,
he/she shall then consolidate all information and
provide an opportunity for the employee to review
the same and also provide the employee an
opportunity to present written and/or oral evidence
in support of the application and to attempt to
establish that he/she was never given the option of
joining the Retirement System. In the event that
oral evidence is submitted, the Town Supervisor
shall keep notes summarizing the type of oral
evidence submitted to him/her by the employee;
E. Upon compliance with the aforesaid process, the
Town Supervisor shall then complete an Employer
Determination and Affidavit, pursuant to §803 of
the Retirement and Social Security Law. A copy of
the Employer Determination and Affidavit shall be
furnished to the New York State and Local
Retirement System, the Town Board of the Town of
Queensbury and the Employee.
Duly adopted this 4th day of April, 1994, by the following
vote:
AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr.
Champagne
NOES: None
ABSENT:None