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HomeMy WebLinkAboutDocumentation_Regular_Tab 11G_06/11/1998Memorandum To: Village Council] From: Thomas G. Bradford, Village Manager Date: June 5, 1998 Subject: Early Retirement Incentive Program (ERIP); Agenda Item The primary purpose of an ERIP is to save the organization money both now and in the future. There are any number of ERIP options, but none of the same are of any value to the Village unless they accomplish having the applicable worker retire. Keeping the forgoing in mind, the Village can only afford an ERIP that meets its current source of funds capability. Current funds cannot be completely depleted because funds for compensated absences to be paid to employees upon separation must be kept in reserve in anticipation of the same. The Tequesta ERIP proposal would be for any employee currently eligible for an FRS pension upon immediate retirement and Social Security benefits, they will be given four (4) months base salary and one full year of the Village current insurance package(life,health dental). Howard Freiss and Laurie White would be the only employees eligible. The maximum total cost of the ERIP to Tequesta could be $35,498. However, next year's minimum budgetary savings to Tequesta could be as high as $41,034, a significant savings to the general fund budget. This proposal would also leave an_estimated $79,502 in compensated absences to pay any employee separation that can be anticipated through regular attrition thereafter. It is recommended that the Village Council approve the proposed ERIP as contained herein. All rules of separation, such as required notice before separation, would be suspended to accommodate the retirement of the referenced employees. A copy of a spreadsheet showing the alternatives reviewed and the numbers referenced herein are attached for your review. Additionally, a separation agreement and release which contains provisions required by law are also attached for your review, which will be required for each employee and the Village Manager to execute in order to receive the ERIP. Attachments TGB/jar council\060598.sam VILLAGE OF TEQUESTA ERIP WORKSHEET SAVINGS PROJECTION 1st YEAR ;pFT mp:uFAIT owrizoL EMPLOYEE COMPLETED YOS CURRENT SALARY NEW HIRE SALARY SALARY SAVINGS CURRENT NEW HIRE RETIRE SAVINGS RETIRE SAVINGS FICA SAVINGS W.COMP. SAVINGS TOTAL EST.SAVING FRIESS, H. $47,213 $15,738 $5,322 $409 $277 $21,746 FRIESS, H. WHITE,L. 20 $47,213 $28,893 $18,320 25.32 14.73 10.59 24 $32,586 $22,509 $10,077 16.45 5.54 10.91 $7,698 $1,402 $1,463 $28,683 $1,247 $771 $56 $12,151 TOTAL $35,498 TO AL $28,397 $8,945 $2,173 $1,519 $41,034 COST PROJECTION EMPLOYEE CURRENT SALARY 4 MO. BASE SALARY HEALTH INS. DENTAL INS. LIFE INS. TOTAL FRIESS, H. $47,213 $15,738 $5,322 $409 $277 $21,746 WHITE,L. $32,586 $10862 $2,471 $228 $191 $13,752 TOTAL $35,498 File: TGB\L123\ERIP2 SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release (hereinafter the "Agreement") is made and entered into by and between the Village of Tequesta, its elected officials, managers, supervisors, employees, agents, assigns and successors (hereinafter referred to collectively as "Tequesta") and (hereinafter referred to as "Employee") On the occasion of Employee's separation from Tequesta's employment, the parties desire to settle fully and finally all matters and potential differences between them arising out of the Employee's employment with Tequesta and the termination of that employment. Therefore, in order to achieve this result, the parties agree to the following: 1. In consideration of the promises made by the Employee, Tequesta will pay to the Employee four (4) months base salary equal to the sum of $ subject to FICA and Federal Income Tax withholding, and one (1) year of the current Tequesta insurance package to include health, dental and life insurance to be paid for by Tequesta directly to the coverage providers, an amount to which Employee acknowledges he is not already entitled. 2. In consideration of the promises of Tequesta, the Employee on his own behalf and on the behalf of his executives, agents, heirs, personal representatives, and assigns and each of them, hereby agrees to terminate his employment with and hereby releases and forever discharges Tequesta from any all claims, actions, demands and causes of action in law or in equity which Employee may have had or may now have, which are based on or are in any way related to the employment and/or termination of the Employee by Tequesta. Such causes of action include, but are not limited to, actions arising under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1974, as Amended, the Florida Civil Rights Act of 1992, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the Family and Medical Leave Act, and any and all actions Employee may have had or may now have in tort or contract. The Employee further promises and agrees not to file, cause to be filed, and/or join in the filing of any grievance, charge, claim or action as an individual or as a member of a class in any federal, state or local court or agency, relating to his employment with Tequesta, and he waives any right to legal or equitable relief which might be claimed on his behalf by any class representative or government agency with respect to his employment with Tequesta. 1 3. The Employee acknowledges that, once executed, this document becomes a public record and must be available for any person for inspection and copying. As such, this document speaks for itself regarding this Agreement, and Employee will not comment or discuss the details of this Agreement with any person, including representatives of the press or any other media. The only exceptions to this obligation afforded Employee are that he may communicate with his accountant regarding any tax or financial implications of this Agreement; with his counsel; and with his spouse. 4. Employee is advised to consult with an attorney of Employee's choice prior to executing this Agreement. 5. Employee has been informed that he has the right to consider this Agreement for a period of at least forty-five (45) days prior to entering into this Agreement. Employee also understands that he has the right to revoke this Agreement for a period of seven (7) days following its execution by giving written notice to: Thomas G. Bradford Village Manager Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469-0273 6. Employee hereby acknowledges by his signature below that he has received a written description of the class or group of individuals covered by this group termination program, the eligibility factors for such program, any time limits applicable, the job title and ages of all individuals eligible for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible for the program. 7. This Agreement shall not be construed as or deemed to be evidence of an admission of any liability whatsoever on the part of the Employee or Tequesta. 8. This Agreement contains the entire agreement and complete settlement of the parties, and no other statements, promises or understandings of any party may alter the plain meaning of the terms of this Agreement. Intending to be legally bound, the parties execute this Separation Agreement and Release this day of , 1998. V0 Employee persoMsepagmt.sam Employer Representative