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LL 05 Retirement Incentive Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, MY 12231 (Use this form to file a local law with the Secretary of S(ate.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics-or underlining to indicate new matter. sty chy Town of •••••••...4UEENSBURY - Local Law No. .........5......................................... of the .year 19 ...9.8 _ A local law ..tO . !end the Code of...t:he Town of Queensbuxy..-by..xeP-ea i .exisl:ing..Chapter 34 thereof entitled, "1997 Retirement Incentive Program" and replacing it with a new Chapter entitled, "1998 Retirement Incentive in e t �'�ag� Program" which Chapter shall authorize a retirement • 1>�h�'or Eliible� 8 •...................EmP..... . of the Town of Queensbury (Name of Legislative Body) TOWN BOARD .. ............. ...................of the . adm y CftE QUEENSBURY Townof ...................................................................................................................... .......as)Mftge SECTION 1. The Code of the Town of Queensbury is hereby amended by repealing the existing Chapter 34 thereof, entitled "1997 Retirement Incentive Program," and replacing it with a new Chapter 34 entitled "1998 Retirement Incentive Program," to read as follows: §34-1. Title. This Chapter shall be titled, "1998 Retirement Incentive Program." §34-2. Statutory Authority. The authority for this Chapter is §10 of the Municipal Home.Rule Law and Chapter 47, Laws of 1998 of the New York State and Local Retirement System. §34-3. Legislative History and Purpose. The New York State and Local Retirement Systems, pursuant to Chapter 47 of the Laws of 1998, made available a Retirement Incentive Program to local governments, public authorities and community colleges. This legislation permits employers that participate in the New York-State and Local Employees' Retirement System to provide special retirement incentive-benefits to their regular retirement plan members who are at least age 50 with ten years of service credit, or at least age 70 with at least five years service credit (not including incentive credit). Eligible employees participating in a special twenty-five year plan providing for retirement without regard to age are eligible to participate in the incentive program if they have earned twenty-five (25) years of service credit (including incentive service)necessary to retire prior to their effective date of retirement. Certain employees covered under Section 89-a, Section 89-b and Section 89-d may also be eligible for the incentive program. §34-4. Enactment. The Town Board of the Town of Queensbury hereby elects to provide the retirement incentive program authorized by Chapter 47, Laws of 1998 to those employees deemed eligible by the Town (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS•239 (Rev. 7/90) Board. §34-5. Commencement Date. The commencement date of the retirement incentive program shall be December 1, 1998. §34-6. Open Period. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be thirty-one(31) days in length commencing on December 1, 1998. §34-7. Value and Payment of Additional Retirement Benefits. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one (1) lump sum or in five (5) annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System and it shall be paid by the Town of Queensbury for each employee who receives the retirement benefits payable under this Local Law. SECTION 2. Severability. In the event that any provision of this law should be deemed invalid or illegal by a court of law, the remaining portions of the law shall be read to the extent possible, as if said provision was stricken therefrom and not a part thereof. SECTION 3. Effective Date. This Local Law shall take effect upon proper filing initially with the New York State Secretary of State and subsequently with the New York State and Local Retirement System (in accordance with the terms and provisions of the Municipal Home Rule Law of the State of New York). (2) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 19__98 of the ( nty)(Ry)(Town)(V,�fte) of _QUFFNSBURY was duly passed by the on 7-20— 19 98, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of • was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after (Name of Legis afiveBody) disapproval) by the and was deemed duly adopted on 19_, eet�va Chief Executive ftleee in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legisiative Body disapproval) by the on 19` Such local law was Elective Chief Executive Officer*) submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annua1) election held on 19 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referadum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19_ Such local law was subject to (Elective Chief xeeutive Officer' permissive referendum and no valid petition requesting such referendum was filed as of 19_, in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (3) • S. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the-local law annexed hereto,designated as local law No. ........ of 19........ of the City of ................................. having been submitted to referendum pursuant to the provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the gen general election held on ............ ............19.........became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19......... of the County of ......................State of New York,having been submitted to the Electors at the General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (if any other authorized form of final adoption has been followed,please provide an appropriate certifica- tion.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph..1.........above. perk of the County legislative body7Ny,Town or V or officer designated by local legislative body Date: 7/22/98 (Seal) (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF......WARREN ................ 1, the undersigned, hereby certify that the fore i local ! w contains the correct text and that all proper proceedings have been had or taken for the enac f e I ca w annexed hereto. . .. . ..... ... ........................ Maet; SC}i tkuER ••••Si�aawre TOWN COUNSEL ............................................... Title H Qmty Date: Ju �� IC198 an of ....... u' enR RTY.............. Town Y411�e (4) GENERAL CODE PUBLISHERS CORP. 72 HINCHEY ROAD ROCHESTER, N.Y. 14624 TELEPHONE: 716/328.1810 • FAX.- 716/328-8189 LEGISLATION INFORMATION AND HISTORY (for use with Local Laws, Ordinances, Byiaivs, general and permanent Resolutions) Name of Municipality ?^ .•. L:/�� • Type of Enactment (ord, res., bylaw, local law): L:Cv.-a Aak'). Number. ........... - Short Title: Relationship to Code: Amends Chapter No. .................. Nos. ................. Repeals Chapter No. .................. § Nos. ................. Adds Chapter No. .................. § Nos. ................. Date of Page Number Action: Action in Minutes: Introduction �?:`i.$.. ................ Publication Public Hearing 7.: a-`l F. .•••••.•........ Adoption ................ Publish Notice of Adop. .............. Signed by Mayor or Exec. .............. Signed by Clerk or Secy. .............. Filed by State .............. (Sec'y. of St, Atty. Gen, DOT) Copy sent to General Code Publishers Date .?:o,IZJV`.... (See the other side for Veto and Referenda information.) NOTE: A copy of this form may be made and placed with the Clerk's or Secretarys file copy of legislation at the time of introduction. The legislative history can then be compiled as the legislation passes through the required procedures. A copy of the form should be sent with the legislation to General Code Publishers for them to keep with your Code files, the original being retained as a record in the Clerks or Secretarys files. £xceesiox STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 1 223 1-000 1 ALEXANDER F. TREADWELL SECRETARY OF STATE July 30, 1998 DARLEEN M DOUGHER TOWN OFFICE BLDG. 742 BAY ROAD QUEENSBURY, NY 12804 RE: Town of Queensbury, Local Law 5, 1998, filed 07/23/98 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. 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