Employee Relations

The Mandate: Under current law, municipalities with fewer than 50 employees must have a community-rated health plan.  By extension, a multiple employer trust of several municipalities attempting to jointly purchase health insurance must also be community-rated if any of its constituent employers has less than 50 employees.

Read more: Exclusion of Smaller Municipalities from Health Insurance Trusts that are Experienced-Rated

The Mandate: In 2008, a law was enacted that increased the mandatory retirement age from 62 to 65 for police and firefighters who have elected a 20-year retirement plan. An overwhelming number of such individuals have elected a 20 - year retirement plan. Federal law enforcement personnel are subject to a mandatory retirement after 20 years of service or age 57, whichever occurs first.

Read more: Extension of the Mandatory Retirement Age for Police and Firefighters

The Mandate: Municipalities are not allowed to participate in the process to consider the merits of a disability retirement application filed by, or on behalf of, a member of the New York State Police and Fire Retirement System. This prohibition denies the opportunity for disability benefit administrators to obtain additional information relevant to the merits of an application. In the past, disability pensions have been improperly granted due to the fact that disability benefit administrators were not presented with all of the facts.

Read more: Exclusion of Municipalities From Disability Retirement Proceedings

The Mandate: Sections 159-b and 159-c of the Civil Service Law provide that any public employee or public officer has a right to take paid leave, of up to four hours per year, for breast cancer screening or for prostate cancer screening. As a result, those covered by these laws have paid leave over and above whatever paid leave may have been granted to them by their employer. The reality is that any employee with accrued sick leave could potentially use such leave to undergo screenings for these types of cancer. Consequently, these laws are unnecessary. Furthermore, this coverage extends to part-time employees. While this class of employees is generally not provided with paid leave, any part-time employee seeking a cancer screening would be able to schedule such outside of normal working hours.

Read more: Paid Leave for Cancer Screenings

The Mandate: Under existing law, when an exam for a position is offered, should the position represent a promotion, the only individuals eligible to take the exam are those currently employed in the same department. Should an appointing authority seek to have other individuals take the exam, reasons must be presented in writing to the appropriate civil service agency in order to obtain its consent to expand the pool of test takers.

Read more: Limitations on Admission to Promotional Exams