971 of the Unconsolidated Law

OVERTIME?

§971 of the Unconsolidated Law, in relevant part, provides that police officers shall not be assigned to tours of duty exceeding eight consecutive hours of each consecutive 24 hours, with certain exceptions. See, also, Police Asso. of the City of Mt. Vernon v City of Mt. Vernon, 279 A.D.2d 561

POLICE ASSOCIATION OF CITY OF MOUNT VERNON v. CITY OF MOUNT VERNON

POLICE ASSOCIATION OF the CITY OF MOUNT VERNON, Respondent, v. CITY OF MOUNT VERNON, et al., Appellants.

-- January 22, 2001

DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN and NANCY E. SMITH, JJ.

Rains & Pogrebin, P.C., Mineola, N.Y. (Terence M. O'Neil, Ernest R. Stolzer, and Julie A. Torrey of counsel), for appellants.Bunyan & Baumgartner, LLP, Blauvelt, N.Y. (Joseph P. Baumgartner of counsel), for respondent.

In a purported proceeding pursuant to CPLR article 78 for a judgment declaring, inter alia, that the City of Mount Vernon and Gertrude LaForgia violated McKinney's Unconsolidated Laws of N.Y. § 971(a) and enjoining them from committing such violations in the future, the appeal is from a judgment of the Supreme Court, Westchester County (Leavitt, J.), dated November 10, 1999, which, upon an order of the same court, entered October 22, 1999, granting the petition, declared that the City of Mount Vernon and Gertrude LaForgia violated McKinney's Unconsolidated Laws of N.Y. § 971(a) by requiring police officers to work more than eight hours in a consecutive 24-hour period when no emergency existed, and enjoined them from any further violation of McKinney's Unconsolidated Laws of N.Y. § 971(a).   The appellants' notice of appeal from the order entered October 22, 1999, is deemed a premature notice of appeal from the judgment (see, CPLR 5520[c]).

ORDERED that the judgment is modified, on the law, by adding thereto a provision converting the proceeding into an action for a declaratory judgment (see, CPLR 103[c]), with the notice of petition deemed a summons and the petition deemed a complaint;  as so modified, the judgment is affirmed, with costs to the petitioner.

 The Supreme Court correctly determined that the appellants violated McKinney's Unconsolidated Laws of N.Y. § 971(a) by requiring members of the City of Mount Vernon Police Department to work more than one eight-hour shift in a consecutive 24-hour period in the absence of an emergency situation within the meaning of the statute.   Contrary to the appellants' contention, the petitioner did not waive its right to enforce the requirements of McKinney's Unconsolidated Laws § 971(a) in the parties' collective bargaining agreement.   Further, the appellants could not unilaterally impose overtime in the absence of an emergency situation within the meaning of the statute (see, Spring Valley PBA v. Village of Spring Valley, 80 A.D.2d 910, 911, 437 N.Y.S.2d 400).

 The appellants' contention that the disputed assignment of overtime was permissible because an emergency situation existed is improperly raised for the first time on appeal and, in any event, is without merit.

Is the photo real? I mean really????

It has recently been brought to my attention that the authenticity of this photograph has been brought in question. Specifically, a third party states Kimberly McMachon now claims among other things that this photograph was created or edited with Adobe Photoshop. The original posting did have a 3^rd person “cropped” out of the photograph but it was not alerted, as Kimberly would intimate. Kim seems to want people to believe that it is not her head or body standing next to then Lt. William Wilson at the Suffolk County Police Seasonal Police Officer graduation. So now just ask everybody in the photo; was it really Kim standing next to her boyfriend now Chief William Wilson in this picture on that date and time? Uh yea!

Switching !!!!

Transfer to a different retirement plan

Transfer to a different retirement plan
Overton v Southampton, 273 AD2d 242; Motion for leave to appeal denied, 95 NY2d 764

In the Overton case, the Appellate Division, Second Department, ruled that if a member of the State Employees’ Retirement System transfers from one plan to a different plan, he or she is subject to the relevant provisions of law concerning the plan into which he or she has transferred.

The Town of Southampton adopted a resolution on November 23, 1999. This resolution terminated the employment of its Chief of Police, James P. Overton, effective January 7, 1999, Overton’s 55th birthday. The Town’s action was based on the retirement plan to which Overton had previously transferred -- the Section 384-d plan.

According to the decision, although Overton was initially enrolled in a 25-year retirement plan with a mandatory retirement age of 70, he later elected to transfer into an optional 20-year retirement plan when the optional plan became available to the Town’s police officers pursuant to Section 384-d of the Retirement and Social Security Law.

Although Section 384-d requires members to retire no later than age 62, in 1971 a new subdivision, subdivision (m), was added to Section 384-d. Subdivision m applied only to Southampton law enforcement personnel and required police officers in the Section 384-d plan to retire at age 55.

Subdivision (m) provides that [n]otwithstanding any inconsistent provision of law, if the town board of the town of Southampton elects to make the benefits of this section available to the members of its police department, each member of such department shall be separated from service upon completion of twenty years of service, provided, however, that the town board may permit a member to continue in service on an annual basis after the completion of twenty years of service, but in no event shall such annual service be continued after a member has attained age fifty-five.

Approaching age 55, Overton decided he wanted to withdraw from the Section 384-d 20-year plan and transfer back into the 25-year plan so that he could continue his employment with the Town after reaching age 55. The Town, however, adopted a resolution separating him from service effective January 7, 2000, his 55th birthday.

Another factor in the litigation: The State Comptroller had issued an opinion indicating that Section 384-d(m) requires any Town police officer who ever enrolled in the 20-year plan to separate from service at age 55, regardless of whether the officer has subsequently withdrawn from the plan.*

Overton sued the Town and the Comptroller in an effort to annul the Town’s action and be approved for transfer into another plan. Unsuccessful in Supreme Court, he appealed. The Appellate Division reversed the lower court’s ruling, holding that the resolution in question adopted by the Town of Southampton on November 23, 1999, is annulled.

The rationale for the court’s annulling the Town’s resolution:

Section 384-d(b) of the Retirement and Social Security Law allows a member who elects to participate in a 20-year plan to withdraw from the plan and enroll in another retirement plan. According to the decision, the plain meaning of the statute, read as a whole, is that a Town police officer may withdraw from the 20-year plan and enroll in another available retirement plan.

The court rejected the Town’s arguments in support of its action, commenting that subdivision (m) does not require a member who changes plans to nevertheless retire at age 55.

The court said that nothing in the Retirement and Social Security Law suggests that Overton was required to retire at age 55 upon his transfer to another plan with a higher mandatory retirement age.

The bottom line: the court decided that Overton has the right to withdraw from the 20-year retirement plan and transfer to the 25-year retirement plan available to Town police officers with a mandatory retirement age of 70.

* The Comptroller was severed from the lawsuit, having earlier agreed that if the Town’s resolution is annulled, the Retirement System would not prevent Overton from continuing in service and obtaining credit for such service for “retirement allowance” purposes.

N.Y. RSS. LAW § 384-d : NY Code - Section 384-D: Optional twenty year retirement plan for certain firemen and policemen whose employer elects to provi

SECTION "M" is what you need to refers to if you are wondering how the Town Board makes it's choices.

a. Any member of the retirement system who is a fireman, policeman  or   officer  of  any  organized fire department or organized police force or   police department of any county, city,  town,  village,  fire  district,   police district or participating employer may elect to contribute to the   retirement  system  pursuant  to  this  section within one year after he   becomes such an officer  or  member,  if  his  employer  has  previously   elected  to  make the benefits provided herein available to its officers   and members, or within one year after his employer elects  to  make  the   benefits provided herein available to its officers and members.     b.  Elections  made  pursuant  to this section shall be in writing and   shall be duly acknowledged and filed with the  comptroller.  Any  member   who  files  such  an  election  pursuant to this section may withdraw it   after it has been filed for at least a year. Such withdrawal shall be by   written notice duly acknowledged and filed with the  comptroller.  After   such withdrawal such member shall contribute to the retirement system as   otherwise provided in this article.     c.  A member who elects to contribute in accordance with this section,   shall contribute, in lieu of the proportion of compensation as  provided   in section three hundred twenty-one of this article, a proportion of his   compensation  similarly  determined.  Such  latter  proportion  shall be   computed to provide, at the time when he shall first become eligible for   retirement under this section, an annuity equal to one-eightieth of  his   final average salary for each year of service as a member rendered after   his  employer  elects  the  provisions of this section, and prior to the   attainment  of  the  age  when  he  shall  first  become  eligible   for   retirement.  Such member's rate of contribution pursuant to this section   shall  be  appropriately  reduced  pursuant  to  section  three  hundred   seventy-a  of  this  article  for  such  period  of time as his employer   contributes      pursuant       to       such       section       toward   pensions-providing-for-increased-take-home-pay  provided,  however, that   such member may by written notice duly acknowledged and filed  with  the   comptroller,  make  an  election  to waive such reduction as provided by   subdivision j of section three hundred twenty-one of this  article.  One   year  or  more  after the filing thereof, a member may withdraw any such   election  by  written  notice  duly  acknowledged  and  filed  with  the   comptroller.   Such   member's   rate  of  contribution  shall  also  be   appropriately reduced by any multiple of twenty-five per centum  of  the   additional  cost  which a member's employer has elected to contribute on   his behalf in lieu of  such  member's  contributions  pursuant  to  this   subdivision.     d.  No  such  member  shall  be  required  to make contributions after   completing twenty years of such service.     e. A member contributing on the basis of this section at the  time  of   retirement,  shall  be entitled to retire after the completion of twenty   years of total creditable service in  such  fire  department  or  police   force  or department, or upon the attainment of age sixty-two, by filing   an application therefor in a manner similar to that provided in  section   three hundred seventy of this article.     (1)  Upon  completion  of  twenty  years  of  such  service  and  upon   retirement, each such member shall receive  a  pension  which,  together   with  an annuity, if any, which shall be the actuarial equivalent of his   accumulated  contributions  at  the  time  of  his  retirement  and   an   additional   pension   which   is   the   actuarial  equivalent  of  the   reserve-for-increased-take-home-pay to which he may then be entitled, if   any, shall be sufficient to provide  him  with  a  retirement  allowance   equal to one-half of his final average salary.      (2)  Upon  attainment  of  age  sixty-two  and upon retirement without   completion of twenty years of  such  service,  each  such  member  shall   receive a pension which together with an annuity, if any, which shall be   the actuarial equivalent of his accumulated contributions at the time of   his  retirement  and  an  additional  pension  which  is  the  actuarial   equivalent of the reserve-for-increased-take-home-pay to  which  he  may   then  be  entitled,  if  any,  shall be sufficient to provide him with a   retirement allowance equal to one-fortieth of his final  average  salary   for  each  year  of creditable service in such fire department or police   force or department. Every such member shall  also  be  entitled  to  an   additional  pension  equal  to  the  pension  for any creditable service   rendered while not an employee of such fire department or  police  force   or department as provided under paragraphs three and four of subdivision   a  of  section  three  hundred seventy-five of this article. This latter   pension shall not increase the total allowance to more than one-half  of   his final average salary.     For the purpose only of determining the amount of the pension provided   in  this  subdivision e, the annuity shall be computed as it would be if   it were not reduced by the actuarial equivalent of any outstanding loan,   and if it  were  not  increased  by  the  actuarial  equivalent  of  any   additional  contributions,  and  if it were not reduced by reason of the   member's  election  to  decrease  his  annuity  contributions   to   the   retirement  system  in  order  to  apply the amount of such reduction in   payment  of  his  contributions  for  old-age  and  survivors  insurance   coverage.     f.  The  increased  pensions  to  such  members,  as  provided by this   section, shall  be  paid  from  additional  contributions  made  by  the   participating  employer  on  account of such members. The actuary of the   retirement system shall compute the additional contribution required for   each member who elects to receive the special  benefits  provided  under   this  section.  Such  additional  contributions shall be computed on the   basis of contributions during the prospective  service  of  such  member   which  will  cover the liability of the retirement system for such extra   pensions.     Upon  approval  of  the   comptroller,   such   additional   contributions  shall  be  certified  by him to the fiscal officer of the   participating employer.  The amount thereof shall  be  included  in  the   annual   appropriation  of  the  participating  employer  for  its  fire   department and police force or department. Such amount shall be paid  on   the  warrant  of the fiscal officer of the participating employer to the   pension accumulation fund of the retirement system.     g. In computing the twenty years of completed service of a member of a   police department or fire department, full credit  shall  be  given  for   military  service as defined in subdivisions twenty-nine-a and thirty of   section three hundred two of this  chapter.  In  addition,  full  credit   shall  be  given and full allowance shall be made for prior service in a   fire department or police force or department, other than the  force  or   department  in  which  he  is a member at the time of retirement, if his   employer elects to assume the cost of such prior fire or police  service   as hereinafter provided.     The  member's employer, however, by appropriate action, may (a) in its   initial action under this section, elect to assume all of the additional   cost on account  of  service  as  an  officer  or  member  of  any  such   department  or  force  rendered  to such employer prior to the effective   date of such election and (b) in any  subsequent  action,  as  hereafter   provided  in  this paragraph, elect to assume all of the additional cost   on account of previous service as an officer or member of any such other   department or force and, in addition may in  its  initial  action  under   this  section, elect to assume any multiple of twenty-five per centum of    such additional cost  on  account  of  such  service  for  such  current   employer  rendered  on  and  after  the  effective  date of such initial   election. Any subsequent election changing the percentage of  additional   cost  assumed  by  an  employer shall apply only to service rendered for   such employer on  and  after  the  effective  date  of  such  subsequent   election.  The  employer shall pay the additional cost so assumed by any   such election by means of annual contributions which shall be determined   by the actuary and paid by the  employer  in  the  same  manner  as  the   contributions  required under section three hundred twenty-three of this   article. An employer, which in its initial action elected to assume  all   of  the  additional  cost  on  account  of service only as an officer or   member of its police or fire department rendered prior to the  effective   date  of  such  election may elect to assume all of the additional cost,   including the cost of the necessary actuarial reevaluation on account of   previous service rendered as an officer or member of any such  organized   fire  department  or organized police force or department of any county,   city, town, village, fire district, police  district,  or  participating   employer other than such employer.     h.  Upon  retirement  of  any  member  pursuant  to  this section, any   additional amounts credited to  the  member's  annuity  savings  account   pursuant  to  subdivision  b  of  section  three  hundred thirty of this   article shall be treated as excess contributions and shall  be  used  to   provide  an  annuity  in  addition  to  the  annuity  prescribed by this   section. Any other amounts credited  to  the  member's  annuity  savings   account,  except  the  amounts contributed or required to be contributed   under this section and except such amounts as are  required  to  produce   the  retirement allowance provided by subdivision e of this section, may   at the option of the member at the time of retirement  be  withdrawn  or   used to provide an annuity in addition to the annuity prescribed by this   section.     i.  Every  member  contributing  on the basis of this section shall be   separated from the service on the last day of the  calendar  month  next   succeeding the calendar month in which he or she attains age sixty-five,   provided, however, that such a member who attained the age of sixty-five   before  his or her employer elected to make the benefits provided herein   available to him or her, or who attains the age of sixty-five within one   month after his or her employer makes such  benefits  available,  to  be   eligible  for  a  pension  computed in accordance with the provisions of   subdivision e of this section,  shall  be  separated  from  the  service   within  three  months  after  his  or  her  employer makes such benefits   available, or on  or  before  December  thirty-first,  nineteen  hundred   sixty-eight,  whichever  shall last occur, provided further, however, to   be eligible to remain on payroll under this section after attaining  the   age  of sixty-two, such members must be capable of performing the duties   of their position.     j. The provisions of this section shall be controlling notwithstanding   any provision in this article to the contrary.     k. The benefits of this section  shall  be  available  only  to  those   policemen  and firemen whose employer elects to provide such benefits by   adopting a resolution to such effect and filing a certified copy thereof   with the comptroller.     l. Except for members of the Westchester county department  of  public   safety  services who are required to contribute to the retirement system   in the manner provided by  section  three  hundred  eighty-six  of  this   article,  every member who enters or reenters service in the Westchester   county department of public safety services  on  or  after  July  first,   nineteen  hundred  seventy-nine, and who is engaged directly in criminal   law enforcement activities which aggregate fifty per centum or  more  of    said  member's service, shall contribute to the retirement system in the   manner provided for by this section.     m.  Notwithstanding  any  inconsistent  provision  of law, if the town   board of the town of Southampton elects to make  the  benefits  of  this   section  available  to the members of its police department, each member   of such department shall be separated from service  upon  completion  of   twenty  years  of  service,  provided,  however, that the town board may   permit a member to continue in service on  an  annual  basis  after  the   completion of twenty years of service, but in no event shall such annual   service  be continued after a member has attained age fifty-five, except   however, that members of such department who hold the rank  of  sergeant   or  higher  within such department may be permitted by the town board to   remain in service until the member has attained age sixty.     n. Notwithstanding any inconsistent provision of law, if  the  village   board of the village of Westhampton Beach elects to make the benefits of   this  section  available  to  the members of its police department, each   member  of  each  department  shall  be  separated  from  service   upon   completion  of  twenty  years  of  service,  provided, however, that the   village board will permit a member to continue in service on  an  annual   basis  after  the completion of twenty years of service, but in no event   shall such optional service be continued after a member has attained age   fifty-five.     o. Any member of the policemen's and firemen's retirement  system  who   was  a  member  of the New York state employees' retirement system while   employed as a police department cadet and whose membership  therein  was   terminated  by his attaining membership in the policemen's and firemen's   retirement system, may purchase  credit  in  the  said  policemen's  and   firemen's retirement system for prior creditable service in the New York   state  employees'  retirement  system  earned while employed as a police   department cadet and shall have the period of such prior service  credit   counted  as  police service for the purpose of determining the amount of   his pension and retirement allowance and period of  service  needed  for   retirement.  In  order  to purchase credit pursuant to this subdivision,   the member shall pay into the pension accumulation fund the contribution   amount as determined by the comptroller, either in  a  lump  sum  or  in   installments,  necessary  to  pay  in  full  the  cost  of such previous   service. If such payment be made in installments, the same shall be paid   within a period no greater than the number  of  months  of  such  member   service granted.     p.  (1) Any member of the policemen's and firemen's retirement system,   who was a member of the New  York  state  employees'  retirement  system   while employed as a police department cadet and whose membership therein   was  terminated  by  his  attaining  membership  in  the policemen's and   firemen's retirement system, may purchase credit in the said policemen's   and firemen's retirement system for prior creditable service in the  New   York  state  employees'  retirement system earned as a police department   cadet and shall have the period of such prior service credit counted  as   police  service for the purpose of determining the amount of his pension   and retirement allowance and period of service needed for retirement. In   order to purchase credit pursuant to this  subdivision  a  member  shall   deposit  in  the pension accumulation fund a sum equal to the product of   the participating employers' normal contribution rate at the time of the   member's entry into such police department  cadet  service,  his  annual   rate  of  compensation at that time, and the period of police department   cadet service being claimed, with regular interest. Such deposit must be   made within one year of  the  date  of  election  by  the  participating   employer, provided however, such member may elect to deposit such amount   over  a  period  of  time no greater than the period for which credit is    being claimed, in which case such payments must commence within one year   of the date of election by  the  participating  employer.  If  the  full   amount of such payments is not paid to the retirement system, the amount   of  service  credited  shall  be proportional to the total amount of the   payments made.     (2) The  benefit  provided  for  in  paragraph  one  hereof  shall  be   conditioned upon the participating employer electing, within three years   of  the  effective date of this subdivision, in a manner similar to that   provided in subdivision a  of  section  three  hundred  thirty  of  this   article to provide this benefit and assuming the additional cost thereof   on  account  of  all of the officers and members of its organized police   force or department who are contributing under the  provisions  of  this   section.  The  benefit provided for in paragraph one of this subdivision   shall be paid from additional  contributions  made  by  the  appropriate   participating  employer  on  account of such members. The actuary of the   retirement system shall compute the additional  contributions  for  each   employer who elects to provide the benefits provided under paragraph one   of  this subdivision. Such additional contributions shall be computed on   the basis of  contributions  during  the  prospective  service  of  such   members which will cover the liability of the retirement system for such   extra  pensions.  Upon  approval  of  the  comptroller,  such additional   contributions shall be certified by him to the  fiscal  officer  of  the   participating employer.     q.  Notwithstanding  any  inconsistent provision of law, if any person   formerly employed as a paramedic by the town of  Tonawanda  between  the   period  of  October  seventeenth,  nineteen  hundred seventy-four to May   fourteenth, nineteen hundred eighty and who became employed by said town   as a police officer on May fifteenth, nineteen hundred  eighty  and  was   assigned  to  the  fifty-five  year  police  retirement  plan  due to no   negligence of his own, desires to join the twenty year  plan,  he  shall   have  six  months  after  the effective date of this subdivision to make   application for said transfer.     r. The benefits hereinabove provided shall be  payable  to  a  member,   unless  at  the  date  of  retirement,  such  member  would otherwise be   entitled to a greater benefit under other provisions of this article had   he withdrawn from this section, in which  event  such  greater  benefits   shall be payable.     s.  1.  Any  member  of  the city of Yonkers police department or fire   department who was  previously  enrolled  in  an  optional  twenty  year   retirement  plan  pursuant  to this section and whose enrollment in such   plan ceased upon transfer to the retirement  plan  created  pursuant  to   section  three  hundred  eighty-eight  of  this  article,  may  elect to   re-enroll in the twenty year retirement plan pursuant to this section if   the city council of the city of Yonkers elects  to  make  such  benefits   available.     2. The benefits provided by paragraph one of this subdivision shall be   conditioned  upon the participating employer electing within three years   of the effective date of this subdivision, in a manner  similar  to  the   election  stipulated in subdivision b of section three hundred thirty of   this article, to provide such benefits and to assume the additional cost   of such benefits for all officers and members of  its  organized  police   department   and  fire  department  who  otherwise  transferred  to  the   retirement plan provided by section three hundred eighty-eight  of  this   article.     t.  Any  member  of  the  New  York  state  and  local police and fire   retirement system who was a member  of  the  New  York  city  employees'   retirement  system  while  employed as a New York city police department   trainee or a New York city transit officer trainee and whose  membership    therein was terminated by his attaining membership in the New York state   and  local police and fire retirement system, may purchase credit in the   New York state and local police and fire  retirement  system  for  prior   creditable  service  in  the  New York city employees' retirement system   earned while employed as a police department trainee or transit  officer   trainee  and  shall have the period of such prior service credit counted   as police service for the purpose  of  determining  the  amount  of  his   pension  and  retirement  allowance  and  period  of  service needed for   retirement. In order to purchase credit pursuant  to  this  subdivision,   the member shall pay into the pension accumulation fund the contribution   amount  as  determined  by  the  comptroller, either in a lump sum or in   installments, necessary to  pay  in  full  the  cost  of  such  previous   service. If such payment be made in installments, the same shall be paid   within  a  period  no  greater  than the number of months of such member   service granted.     * u. (1) Any member of the Nassau  county  police  department  who  is   enrolled  in  section  three  hundred eighty-five-a of this article, may   elect to enroll in the twenty year  retirement  plan  pursuant  to  this   section if Nassau county elects to make such benefits available.     (2)  The  benefits provided by paragraph one of this subdivision shall   be conditioned upon the participating  employer  electing  within  three   years  of the effective date of this subdivision, in a manner similar to   the election stipulated in subdivision b of section three hundred thirty   of this article, to provide such benefits and to assume  the  additional   cost  of  such  benefits  for  all officers and members of its organized   police department who otherwise would be covered by the retirement  plan   provided by section three hundred eighty-five-a of this article.     * NB There are 2 sub u's     * u.  1.  Any  member  of  the Suffolk county police department who is   enrolled in the  retirement  plan  provided  by  section  three  hundred   eighty-seven-a  of  this article, may elect to enroll in the twenty year   retirement plan pursuant to this section if  Suffolk  county  elects  to   make such benefits available.     2. The benefits provided by paragraph one of this subdivision shall be   conditioned  upon the participating employer electing within three years   of the effective date of this subdivision, in a manner  similar  to  the   election  stipulated in subdivision b of section three hundred thirty of   this article, to provide such benefits and to assume the additional cost   of such benefits for all officers and members of  its  organized  police   department  who  otherwise  would  be  covered  by  the  retirement plan   provided by section three hundred eighty-seven-a of this article.     * NB There are 2 sub u's     v. (1)  Notwithstanding  any  inconsistent  provision  of  law,  those   individuals  employed  as  police  officers  by the village of Freeport,   specifically Kevin Case, Shawn Randall, Andrew Rhan, Scott  Ballard  and   Michael  Horne,  and  who  are enrolled in an improved career retirement   plan authorized pursuant to section three hundred seventy-five-i of this   article, who for reasons not ascribable to their own  negligence  failed   to  previously  join  the  twenty  year retirement plan pursuant to this   section may elect to enroll in such plan  if  the  village  of  Freeport   elects to make such benefits available.     (2)  The  benefits provided by paragraph one of this subdivision shall   be conditioned upon the participating  employer  electing  within  three   years  of the effective date of this subdivision, in a manner similar to   the election stipulated in subdivision b of section three hundred thirty   of this article, to provide such benefits.     (3) The employer shall have the option of amortizing the cost of  this   measure over a period of five years.      w.  Notwithstanding  any  other  provision of law to the contrary, any   member of the New York state and local police and fire retirement system   who was a member of the New York state and local  employees'  retirement   system  while employed as an investigator-trainee, Waterfront Commission   of  New  York  Harbor,  which is not deemed to be police service, who is   employed by the Waterfront Commission of New York Harbor,  which  is  an   employer  electing to participate in the optional twenty year retirement   plan pursuant to this section shall be deemed to  have  provided  police   service  while  so  employed  by  the  Waterfront Commission of New York   Harbor and shall receive creditable service in the New  York  state  and   local  police and fire retirement system for prior creditable service in   the New York state and local employees' retirement system  earned  while   employed  as  an  investigator-trainee and shall have the period of such   prior service credit counted  as  police  service  for  the  purpose  of   determining  the  amount  of  their pension and retirement allowance and   period of service needed for retirement.     x. Notwithstanding any  provision  of  this  section,  service  as  an   aircraft   rescue   firefighter   employed   by   the  Niagara  frontier   transportation authority shall be included for the purposes of computing   police or fire service for retirement pursuant to this section, provided   such authority has elected to participate in  the  New  York  state  and   local  police  and  fire  retirement  system  and  elects to provide the   benefit of this section.     y. Any member currently enrolled pursuant  to  this  section  and  who   previously  transferred service credit from the New York state and local   employees' retirement system to the New York state and local police  and   fire   retirement   system,   may  elect  to  transfer  such  previously   transferred service  credit  back  to  the  New  York  state  and  local   employees'  retirement  system, and such member shall have the option to   retroactively transfer  his  or  her  membership  into  such  employees'   retirement system. 

2.6 Million? This is the back pay the members of the Southampton Village PBA will be paid during the next pay period

Some of you in the PBA may wonder why the "Village" or "Mark" would not agree to the 1/60th Bill. There are two reasons why! First the 1/60th Bill is a non-mandatory subject of the collective bargaining process and can not be part of an interest arbitration award. This means in part that you (the PBA) can ask for at, the Village can give it BUT you can not force it thru the interest arbitration process. PERB has ruled it's a non-mandatory subject. The second reason the Village won't agree to the 1/60th Bill for retirees is the initial cost to the Village to get into the program. It would cost approximately 2.6 Million to get the PBA membership into 1/60th and an additional $29,000.00 per year. So when the contract expires in 2012 have a plan to make up the 2.6 Million if you still envision getting (asking) for the 1/60th.

Retro pay 6/1/10 to 5/31/11 6/1/11 to 5/31/12

Bobinski $3533.40 $321.21

Cornell $4504.61 $321.96

Cummings $5770.81 $520.41

Dorchak $4262.91 $398.59

Dunkirk $2914.66 $293.40

Gagnon $4572.40 $-3086.47

Gallo $3341.69 $-2687.50

Horstman $2616.38 $315.84

Hunsucker $2949.36 $243.74

Hurteau $4874.54 $429.17

Jones $2732.18 $191.95

Kellis $3882.47 $207.12

Lamison $4779.16 $444.14

Lubold $276.33 $151.88

McCully $2211.51 $276.20

McMahon $3506.20 $370.95

Medio $4827.29 $362.54

Mohl $4288.88 $357.39

Moore $2724.92 $273.08

Proctor $2200.81 $195.07

Pulliam $2030.50 $212.24

Raffel $4166.82 $370.52

Rios $2827.79 $276.51

Rodecker $3991.14 $316.86

Ronan $4501.00 $256.66

Ryan $4984.15 $416.36

Sinclair $2289.30 $264.05

Smith $3632.28 $-2668.61

Wetter $4128.76 $341.67

Zukosky $2241.84 $236.59

Fromm $2634.12

Lewis $11916.88

PBA & Village Contract is Signed by both parties

If you would like to see the MOA that was signed by Mayor Mark Epley and Dave Dorchak here is a copy for all of you.

http://www.scribd.com/fullscreen/58565944?access_key=key-17ly8w6e52hnre6ezoeu

Houses owned in Southampton by Detective Sergeant Lamison of the Southampton Village Police

1. 77 Hillcrest Terrace SH
2. 11 Hillcrest Ave SH
3. 16 Windward Way SH
4. 124 Hillcrest Ave. SH
5. 82 Miller Road SH
6. 128 Hillcrest Ave SH
7. 44 Hillcrest Ave SH
8. 159 Hillcrest Ave SH
9. 123 Hillcrest Ave SH
10. 73 Hillcrest Ave SH
11. 171 Pulaski Street SH
12. 106 Powell Ave SH
13. 166 Powell Ave SH
14. 674 Bridgehampton Sag Harbor Turnpike SH
15. 32 Mill Farm Lane SH
16. 92 Glider Ave. Flanders
17. 159 Hillcrest Ave Tuckahoe
18. 325 Brookhaven Ave Flanders Ave
19. 40 Parrish Pond Lane Shinnecock Hills