Montgomery County Seal!RESOLUTION NO. 244 of 2023

DATED: October 24, 2023
     

RESOLUTION ADOPTING INTRODUCTORY LAW H (LOCAL LAW 7 OF 2023) A LOCAL LAW AMENDING LOCAL LAW 4 OF 1993 (PERSONNEL)


Resolution by Legislator:   Kelly
Seconded by: Wilson

WHEREAS, Montgomery County desires to update Local Law 4 of 1993; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for seven days, excluding Sundays. 

RESOLVED, that Introductory Local Law H of 2023 (Local Law 7 of 2023), a local law amending Local Law 4 of 1993 hereby is adopted and incorporated as follows:

BE IT ENACTED by the County Legislature of Montgomery County, New York, as follows:

 

Sections 1, 3 and 4 of Local Law 4 of 1993 shall be amended in their entirety as follows:

 Section 1. Insurance Fund   

That pursuant to section ninety-two-a of the General Municipal Law of the State of New York, a fund has been established for the payment of a percentage of the cost of premiums for hospitalization insurance for full-time employees who retire from Montgomery County service after January 1, 1991 and their dependents.

Section 3. Vesting Period     

Under this local law, in order to qualify as a retiree, the individual must be full-time and vested in accordance with New York State by meeting both the age requirements and the minimum service requirements as established by New York State. Vesting periods are determined by New York State and depend upon the date of which the individual last entered into state or county service.

Section 4. Eligibility for Retiree Insurance

The provisions related to the Hospitalization Insurance contained in the Civil Service Employees Association Agreement, the Deputy Sheriff's Association agreement, Council 82 and Teamsters agreement and the full time Non Bargaining employee’s unit policy or any other authorized bargaining units within Montgomery County shall govern this issue as it applies to minimum county service requirements for these active full time employees.

 

Savings Clause:   

If any clause sentence paragraph of this local law shall be judged by any court of competent jurisdiction to be invalid, such judgment decree or order shall not affect impair or invalidate the remainder of the local law.

Effective Date:

This local law shall take effect upon its adoption and filing of this one Certified Copy. Thereof with the county clerk and 3 certified copies in the office of the Secretary of State.

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Sweet, to amend:

"INTRODUCTORY LAW F (LOCAL LAW 6 OF 2023)"

to:

"INTRODUCTORY LAW H (LOCAL LAW 7 OF 2023)"

passed with Aye(8). Legislator VACANT was absent.(10/24/2023)

MOTION TO TABLE by Legislator Kelly, seconded by Legislator Headwell, Jr., passed with Aye(8). Legislator VACANT was absent. (10/24/2023)

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly, Wilson and VACANT were absent. (11/1/2023)


Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution amending local law 4 of 1993 and updating the law to provide for retirement tiers 5 and 6.


II. Justification:

Since the passing of this law, NYS has adopted tiers 5 and 6 and as of 2022 New York state amended vesting periods for said tiers which is not reflected in our Local law.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to pass local laws.


IV. Financial Impact:

There is no financial impact.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Absent 
Sweet (R) Yes 
Allen (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Absent 
VACANT (D) Absent 
Pepe (R) Yes 
Kowalczyk (D) Yes 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 1st day of November, 2023, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 15th day of November, 2023


Totals:Aye: 6
Nay: 0 
Abstained: 0
Absent: 3



This resolution was approved by the County Executive on 11/14/2023
Resolution was enacted on 11/2/2023