HomeMy WebLinkAbout120809 RETIREMENT PRESENTATION
'"
2009
Voluntary Agreement and Release to be effective no later than January 5, 2009.
You are not eligible/or this Program if you:
(1 ) Voluntarily terminated your employment for any reason, including retirement, prior to
November 17,2008; or
(2) Are terminated for cause pursuant to the City's Standards of Conduct. (As your employer,
the City Manager or the Director of Human Resource Management as his designee, will
determine, in its sole discretion, whether you voluntarily terminated your employment or
were terminated for cause.)
The Department of Human Resource Management (for VRS members) and the Department of
Finance (for PSRS members) are authorized to interpret the provisions of this Program and determine, in
their discretion, whether you meet the Program's eligibility criteria. Decisions of the Department of
Human Resource Management and/or Department of Finance regarding eligibility for this Program are
final and binding.
How to Participate:
To enroll in the Program and receive your incentive payment, complete the Election Form and the
Voluntary Agreement and Release, which are enclosed with this letter. The documents should be
returned to the City's Department of Human Resource Management, 2nd Floor, City Hall (for VRS
members) or to the Finance Department, 5th Floor, City Hall (for PSRS members) no later than January 5,
2009. You will also be required to either: (l) apply for retirement with the retirement board under which
you are covered, or (2) tender your resignation. Your retirement must be effective no later than February
1, 2009. If you are not retiring but are eligible under this Program and desire to receive the Program
incentive payment, then your resignation must be effective no later than January 5, 2009.
Conditions, Revocation, and Deadlines:
To receive your incentive payment, you must execute the Election Form and the Voluntary
Agreement and Release (the "Agreement"), no later than January 5, 2009. These documents have been
provided to you with this letter.
Please review the Voluntary Agreement and Release carefully. The Agreement generally releases
claims you may have against the City that arise out of your City employment, including claims under the
federal Age Discrimination in Employment Act. You are advised to consult with an attorney before
signing the Agreement. If you change your mind after signing the Agreement, you may revoke your
execution of the Agreement (and your participation in this Program) in writing within seven calendar days
of signing. Written revocation must be delivered to the Department of Human Resource Management
office (for VRS members) and to the Finance Department (for PSRS members).
Ineligibility to be rehired by the City of Portsmouth:
Y Oil will not be eligible for full-time reemployment by the City of Portsmouth if you accept an
incentive payment under this Program.
Questions:
If you have any questions about the Program, please contact Rose McKinney, Department of
Human Resource Management (for VRS members) at (757) 393-8626, or Monica Satterwhite, Finance
Department (for PSRS members) at (757) 393-8831.
Page 2
Very truly yours,
Kenneth L. Chandler
City Manager
Enclosures
c: The Honorable Mayor James W. Holley, III
Honorable Members of City Council
G. Timothy Oksman, City Attorney
Paul D. Holt, III, Deputy City Manager
Department Heads
Page 3
City of Portsmouth
Voluntary RetirementlResignation Incentive Program
Election Form
Complete and return by January 5, 2009, the APPLICATION DEADLINE.
Name:
(Print full name)
Address:
SSN:
Department:
By my signature below, I voluntarily elect to enroll in or decline the Voluntary RetirementlResignation
Incentive Program (Program). If I elect to enroll, I acknowledge that to be eligible to receive the
additional consideration of an incentive payment of $1 0,000.00 under the Program, I must:
. meet all of the eligibility requirements,
. agree to: (1) voluntarily retire from my employment with the City of Portsmouth, effective no later
than February I, 2009, or, (2) voluntarily resign from my employment with the City effective no
later than January 5, 2009,
. fully execute this Election Form and the Voluntary Agreement and Release and return them to the
City's Department of Human Resource Management (for VRS members) or to the Finance
Department (for PSRS members) on or before the date indicated above, and
. agree to adhere to the terms of the Program and of the Voluntary Agreement and Release.
D I voluntarily enroll in the Program.
D I voluntarily decline the Program.
Employee
Signature:
Date:
You must sign this form in the presence of a notary whether you elect to enroll or decline and return
it to: City of Portsmouth, Department of Human Resource Management (for VRS members) or the
Finance Department (for PSRS members). If you elect to enroll, then you must also return the
Voluntary Agreement and Release form to the appropriate department as indicated above.
COMMONWEALTH OF VIRGINIA,
City of Portsmouth, to-wit:
, who acknowledged this
,2008.
This day personally appeared before me
Document before me in my presence this ____ day of
Notary Public
Notary Registration No.
My commission expires:
Page 4
CITY OF PORTSMOUTH
VOLUNTARY RETIREMENTIRESIGNATION INCENTIVE
AGREEMENT AND RELEASE
This Voluntary RetirementlResignation Incentive Agreement and Release ("Voluntary Agreement
and Release"), made between the City of Portsmouth, Virginia (the "City") and <<First Name>>
<<Last Name>> (the "Employee"), provides as follows:
RECITALS
A. The Employee is a long-term Employee of the City of Portsmouth and has met both the
age and years of service requirements to be eligible for this Program under the retirement
system of which he/she is a member.
B. The City desires to offer additional consideration of a retirement incentive payment, on
certain terms and conditions, to Employees who are eligible for retirement (the "Incentive
Payment") according to the eligibility requirements of this Program and who wish to
voluntarily retire or resign from their employment with the City by the dates specified in
the Program.
C. The Employee wishes to accept the incentive payment in return for his/her voluntary
retirement or resignation.
D. The Employee has been encouraged by the City to discuss this Voluntary Agreement and
Release with his/her attorney, at hislher own cost, and has been given a fair opportunity to
do so.
E. The Employee enters into this Voluntary Agreement and Release knowingly and
voluntarily.
F. This Voluntary Agreement and Release sets forth the terms and conditions under which the
City agrees to pay and the Employee agrees to accept the Incentive Payment.
AGREEMENT
I. Current Employees. This agreement applies to employees who are working for the City of
Portsmouth on November 17, 2008. (a) As of the date the Employee executes this Agreement, the
Employee agrees to retire by submitting certain documents in a form acceptable to the City's Department
of Human Resource Management (for VRS members) or the Finance Department (for PSRS members),
showing that hislher voluntary retirement will be effective no later than February I, 2009; or,
(b) As of the date the Employee executes this Agreement, the Employee agrees to voluntarily resign by
submitting certain documents in a form acceptable to the City's Department of Human Resource
Management, showing that hislher voluntary resignation will be effective no later than January 5, 2009.
In addition to the Incentive Payment, the Employee shall be entitled to receive payment for any salary
earned and annual leave accrued up to a maximum of 352 hours through the Employee's retirement Of
resignation date, in accordance with the City's normal payroll schedule.
Page 5
2. Retirement Application. If retiring, the Employee by signing this Voluntary Agreement and
Release agrees to apply within seven calendar days of the execution of this Voluntary Agreement and
Release to the retirement system of which he/she is a member, namely VRS or PSRS (the "Retirement
Board"), to begin receiving retirement compensation, retirement date to be effective no later than
February 1,2009.
3. Tender of Resignation. If resigning, the Employee by signing this Voluntary Agreement and
Release agrees to tender hislher voluntary resignation by letter to the Department of Human Resource
Management to be effective not later than January 5, 2009, within seven calendar days of the execution of
this Voluntary Agreement and Release.
4. Incentive Payment. (a) Upon approval of the employee's retirement application by the
applicable Retirement Board, the City shall pay to the Employee the Incentive Payment, which shall be a
lump sum of $10,000.00, less all applicable withholding taxes. (b) Upon the employee's voluntarily
resignation, the City shall pay to the Employee the Incentive Payment within one month after the seven
calendar day revocation period which shall be a lump sum of $10,000.00, less all applicable withholding
taxes.
5. Ineligibility to be Rehired. As a condition of accepting the Incentive Payment, the Employee
agrees that he/she voluntarily waives and relinquishes all eligibility for reemployment with the City as a
full-time Employee.
6. Deadline for Execution of Voluntary Agreement and Release. To be eligible to receive the
Incentive Payment, the Employee must return the executed Voluntary Agreement and Release to the
City's Department of Human Resource Management (for VRS members) or to the Finance Department
(for PSRS members) no later than January 5, 2009.
7. Attornev Acknowledgment. The Employee acknowledges that the City has advised himlher in
writing to consult an attorney before signing this Voluntary Agreement and Release and that the City has
given himlher a period of at least 45 calendar days within which to do so and to consider this Voluntary
Agreement and Release.
8. Release of Claims and Promise Not to Sue. To the maximum extent permitted by law, the
Employee knowingly and voluntarily agrees for himself/herself and his/her heirs, beneficiaries, devisees,
executors, administrators, attorneys, personal representatives, successors and assigns, hereby forever to
release, discharge, and waive any and all claims against the City and/or other affiliated entities, all of the
City's past and present officers, Employees, attorneys, and other agents and representatives of the City
and its affiliated entities, and any Employee benefit plans in which the Employee is or has been a
participant by virtue of employment with the City ("the Released Parties"), from or for any and all claims,
debts, demands, accounts, judgments, rights, causes of action, claims for equitable relief, damages, costs,
charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation,
responsibility and liability of every kind and character whatever (including any claims for attorneys' fees
and costs), whether in law or equity, asserted or unasserted, known or unknown, suspected or
unsuspected, which the Employee has against the Released Parties as of the execution of this Voluntary
Agreement and Release.
Page 6
Claims released include, without limitation, any and all claims arising out of the Employee's
employment with the City or the termination, resignation, or retirement therefrom, and any and all claims
arising under federal, state, or local laws relating to employment, including without limitation claims of
wrongful discharge, retaliation, discrimination, breach of express or implied contract, fraud,
misrepresentation, defamation, or liability in tort, or claims of any kind that may be brought in any court
or administrative agency. Examples of actual or potential claims released include, without limitation,
claims arising under Title VII of the Civil Rights Act of 1964, as amended, the Americans with
Disabilities Act, the Employee Retirement Income Security Act, the Age Discrimination in Employment
Act, the Older Workers Benefit Protection Act, and similar federal, state or local statutes, ordinances, and
regulations. However, this Voluntary Agreement and Release shall not extend to any claim for pension,
retirement, or savings benefits that are or are required to be inalienable under the terms of any Employee
benefit plan.
The Employee represents and warrants that the Employee has not assigned or alienated to any
person any of the claims released herein. The Employee further represents and warrants that Employee
has received all wages, overtime pay, and leave pay to which the Employee is entitled and all Family and
Medical Leave to which the Employee is entitled. Employee is aware of no claims that he/she has under
either the Fair Labor Standards Act or the Family Medical Leave Act.
9. Age Discrimination Claims. The Employee understands and agrees that this Voluntary
Agreement and Release includes a release of claims arising under the Age Discrimination in Employment
Act (ADEA), and that this Voluntary Agreement and Release does not waive rights or claims that may
arise after the date the waiver is executed.
to. Deadline for Revocation of Voluntary Agreement and Release. The Employee understands
that the Employee has seven calendar days after signing this Voluntary Agreement and Release to revoke
the Voluntary Agreement and Release by giving notice in writing to the City's Department of Human
Resource Management (for VRS members or persons voluntarily resigning) or to the Finance Department
(for PSRS members). This Voluntary Agreement and Release shall be binding, effective, and enforceable
upon the expiration of this seven calendar-day revocation period without the City's Department of Human
Resource Management or the Finance Department having received such revocation, but not before such
time. The Employee understands and agrees that any payment hereunder shall not be made prior to the
expiration of this seven calendar-day revocation period. The City will make the incentive payment within
a month after the expiration of this seven-calendar day revocation period.
11. Notice of Persons Eligible for the Retirement Incentive Program. The Employee
acknowledges that the Employee has received a written explanation of (i) the class unit, or group of
individuals covered by this Program that resulted in the Employee's eligibility for the Incentive Payment,
any eligibility factors therefore and any time limits applicable thereto~ and (ii) notice that a list exists of
job titles and ages of all individuals who are eligible and ineligible for this Program in the same job
classification or organizational unit. An Employee may contact Rose McKinney in the Department of
Human Resource Management (for VRS members) at (757) 393-8626 or Monica Satterwhite in the
Finance Department (for PSRS members) at (757) 393-8831 for access to the list and to determine
whether the list reflects the Employee's correct age, job title and eligibility.
12. No Other Payments. The Employee understands and agrees that the City and its affiliates will
neither make nor cause to be made any other payments to the Employee, the Employee's beneficiaries or
dependents, or otherwise on the Employee's behalf, except as specifically referenced herein.
Page 7
13. Taxes. To the extent any taxes may be due on the payments provided in this Voluntary
Agreement and Release beyond any withheld, the Employee agrees to pay such taxes and to indemnify
and hold the City and its agents and affiliates harmless for any tax payments owed, interest, penalties,
levies or assessments resulting from the payments provided hereunder or from any failure by the
Employee to pay such taxes, interest, penalties, levies or assessments.
14. City Prooertv. The Employee acknowledges that he or she must return to the City all property
of the City. For purposes of this paragraph, "property of the City" includes, but is not limited to keys,
City credit cards, access cards, cell phones, equipment, books, supplies, computer programs, originals and
copies of all City documents, including financial records and information, and any other materials,
whether prepared by the Employee or by others, but excludes anything owned by the Employee
individually.
15. No Admission. The Employee understands and agrees that the City has admitted no liability
or obligation to provide the Incentive Payment, and that nothing contained in this Voluntary Agreement
and Release may be used or construed as an admission of liability.
16. Severabilit;y and Consequences of Invalid Terms. Should any portion or provision of this
Voluntary Agreement and Release be found void or unenforceable for any reason by a Court of competent
jurisdiction, the Court should enforce all other portions and provisions of this Voluntary Agreement and
Release to the maximum extent possible. If such portion or provision cannot be so construed as to be
enforceable, the unenforceable portion shall be deemed severed from the remaining portions and
provisions of this Voluntary Agreement and Release, which shall otherwise remain in full force and
effect. If any portion or provision of this Voluntary Agreement and Release is so found to be void or
unenforceable for any reason in regard to anyone or more persons, entities, or subject matters, such
portion or provision shall remain in full force and effect with respect to all other persons, entities, and
subject matters.
17. Complete Voluntary Agreement and Release. This Voluntary Agreement and Release
represents the complete agreement between the Employee and the City regarding the Employee's
employment and separation of employment and supersedes any prior existent agreements, whether oral or
written.
18. Governing Law. This Voluntary Agreement and Release shall be governed and construed in
all respects in accordance with the laws of the Commonwealth of Virginia without regard to the conflict
of laws rules contained therein.
19. Understanding and Authority. The parties understand and agree that all terms of this
Voluntary Agreement and Release are contractual and are not a mere recital, and represent and warrant
that they are competent to covenant and agree as herein provided. The Employee understands, agrees and
represents that the covenants made herein and the releases herein executed may affect rights and
liabilities of substantial extent and agrees that the covenants and releases provided herein are in the
Employee's best interest. The Employee represents and warrants that the Employee has had an adequate
opportunity to consult with competent legal counsel of the Employee's choosing (and at employee's
expense) concerning the meaning and effect of each term and provision hereof, and that there are no
representations, promises, or agreements between the parties other than those referenced or expressly set
forth in writing herein. The Employee agrees that helshe has carefully read this Voluntary Agreement and
Release in its entirety; fully understands and agrees to its terms and provisions; and knowingly and
voluntarily enters into the Voluntary Agreement and Release and intends and agrees that it shall be final
and binding.
Page l.l
20. Authority of the Department of Human Resource Management and Finance Department. The
Department of Human Resource Management (for VRS members) and the Department of Finance (for
PSRS members) has the authority to interpret the provisions of the Program and determine whether the
Employee meets the eligibility criteria for the Program. Decisions of the Department of Human Resource
Management and the Finance Department regarding eligibility for the Program are final and binding.
Regardless of whether any party has executed this Voluntary Agreement and Release, an Employee shall
not be entitled to receive the Incentive Payment if the Department of Human Resource Management or
Finance Department determines that the Employee does not meet the eligibility criteria for the Program.
EMPLOYEE:
Printed Name
Signature
Sign in the presence of a notary.
Date
COMMONWEALTH OF VIRGINIA,
City of Portsmouth, to-wit:
_, who acknowledged this
,20_
This day personally appeared before me
Document before me in my presence this day of
Notary Public
Notary Registration No.
My commission expires:
CITY OF PORTSMOUTH, VIRGINIA
Kenneth L. Chandler, City Manager
Date
Page 9
WRITTEN NOTICE OF PERSONS ELIGmLE FOR THE
VOLUNTARY RETIREMENTIRESIGNA TION INCENTIVE PROGRAM ("PROGRAM")
Class, unit or group of individuals covered by the Program: The Program applies to all eligible non-
sworn persons currently working for the City of Portsmouth who are participants in the Virginia
Retirement System ("VRS") or the Portsmouth Supplemental Retirement System ("PSRS").
Eligibility factors for the Program: The Program is open to all City of Portsmouth Employees who:
(1) Are/W ere working for the City of Portsmouth on November 17, 2008; and
(2) Agree to voluntarily retire, effective no later than February 1,2009, or to voluntarily resign
effective no later than January 5, 2009; and comply with the terms and conditions of this
Program; and
(3) Are active non-sworn employee members in VRS or PSRS; and
(4) Will have satisfied the age and service requirements by your retirement or resignation date
to begin receiving: (a) full retirement benefits under VRS (this means that you have
reached the age of 50 with at least 30 years of service or the age of 65 with at least five
years of service), or (b) under PSRS are eligible for retirement (this means that you have
reached the age of 50 with at least 25 years of service or the age of 65); and
(5) Execute and return the Election Form and the Voluntary Agreement and Release, no later
than January 5, 2009. If retiring, the Employee agrees to apply for retirement within seven
calendar-days of executing the Voluntary Agreement and Release. If resigning, the
Employee agrees to tender his/her voluntary resignation by letter to the Department of
Human Resource Management within seven calendar days of the execution of this
Voluntary Agreement and Release to be effective no later than January 5, 2009.
You are not eligible for the Program if you:
(1) Voluntarily terminated your employment for any reason, including retirement, prior to
November 17,2008; or
(2) Are terminated for cause pursuant to the City's Standards of Conduct. (As your employer,
the City Manager or the Director of Human Resource Management as his designee, will
determine, in its sole discretion, whether you voluntarily terminated your employment or
were terminated for cause.)
Time limits applicable to the Program: You must enroll in the Program by returning your
Election Form and your executed Voluntary Agreement and Release to the City's Department of Human
Resource Management (for VRS members) and to the Finance Department (for PSRS members), no later
than January 5, 2009 and comply with the other terms and conditions of this Program, including
submitting your retirement application to be effective no later than February I, 2009, or tendering your
voluntary resignation to be effective by January 5, 2009. You may revoke your execution of the
Voluntary Agreement and Release within seven calendar days in writing, as explained in the text of the
accompanying letter and the Program documents. If you decline to participate, then you must return
the Election Form to the City's Department of Human Resource Management, 2nd Floor, City Hall
(for VRS members) or to the Finance Department, 5th Floor, City Hall (for PSRS members) no later
than January 5, 2009.
Page 10
Job titles and ages of Employees covered by the Program who are and are not eligible for the
Program: A list of job titles and ages of all individuals who are eligible and ineligible for this Program
in the same job classification or organizational unit is available in the Department of Human Resource
Management and the Finance Department. An Employee may contact Rose McKinney in the Department
of Human Resource Management (for VRS members) at (757) 393-8626 or Monica Satterwhite in the
Finance Department (for PSRS members) at (757) 393-8831 for access to the list and to determine
whether the list reflects the Employee's correct age, job title and eligibility.
Page 11
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Dl~pclrtlllt'f1t \)f H u In,lt1 R 1"~(I U rc C S
Post Office Box 15225
Chesapeake, Virginia 23328-5225
(757) 382-6492
FAX (757) 382-8556
\larch ~O. 200Q
JOHN NEWHART
Sheri ff
City of Chesapeake
Voluntary Retirement Incentive Program Written Notice of Eligibility
Dear JOHN
rhe City of Chesapeake is offering eligible employees an opportunity to participate in a
Voluntary Retirement Incentive Program that will be available for a limited period of
time. You are receiving this letter as notification of your eligibility for this Incentive
Program. By participating in the Program, you agree to retire effective no later than
October 1, 2009, in accordance with the terms and conditions of the Program, including
the Voluntary Retirement Incentive Agreement and Release. Wbetber you accept or
decline to participate, you must return tbe Election Form to tbe City's Department
of Human Resources, 4tll floor, City Hau no later tban May 15,2009.
Information regarding Program Eligibility, Incentive Payments, Time Limits, and
Exclusions can be found below. In addition, there are two important documents attached
and require your review and signature: the Voluntary Retirement Incentive Program
Election Form and the V oluntary Retirement Incentive Agreement and Release.
Eligibility Factors:
The Program is open to all full-time City nf Chesapeake employees who:
. Are v\orking for the City of Chesapeake as of April I. 2009;
· .\gree to voluntarily retire, effective no later than October I. :2009 and
comply with the terms and conditions of this Program.
· Are active members in the Virginia Retirement System and not currently
reeei., ing retirement benctits;
. Will have satistied one full year beyond the age and service reyuirements
in the retirement system by the employee's proposed retirement date to
ncglO receiving full. unreduced n:tircmcnt l1endits under VRS (i ,CoO the
cmplo}'ce has reachcd age '\0 \.,llh at kast ,() ~cars of servicc: or thc agc
of 65 with at \cast tive years of service; or for public safety. age 50 with at
least 25 years of service or age 60 with tlve years of service); and
. Execute and return the Election Fonn and Voluntary Agreement and
Release no later than \-1a)' 15. 2009.
Incentive Payment:
The incentive payments are based on annual salary groupings, \\hich are as follows.
$8,UOO for annual salaries of $40,000 or less
$10,000 tor annual salaries of $40,001 - $60,000
$15,000 tor annual salaries of$60,OOI - $90,000
$20,000 for annual salaries of $90.001 or more
These incentive payments will be "grossed up" for taxes associated with the payments so
that employees will receive the net amount as indicated above. As a result, employees
will be required to sign an agreement to indemnity and hold the City harmless for any tax
payments owed, interest, penalties, levies or assessments resulting from the payments
provided or from any failure by the employee to pay such taxes. interest, penalties, levies
or assessments.
Time Limits applicable to tbe Program:
To participate in this program, you must comply with all Program tenns and conditions
and submit the tollowing forms to the Department of Human Resources. 4lh floor, City
Hall as follows:
1. No later than May 15. 2009: Completed Election Form and your executed
Voluntary Agreement and Release;
2. No later than June 30,2009: Completed VRS retirement application reflecting a
retirement date; no later than October 1,2009.
You may revoke your execution of the Voluntary Agreement and Release within seven
l:alendar days in writing. as explained in the Program documents.
Exclusions:
You are not eligible for the Program if you:
(1) Voluntarily tenninated your employment for any reason, including
retirement. prior to April 1. 2009; or
(2) Are terminated for cause pursuant to the City's Disciplinary Policy (The
City Manager or the Director of the Department of Human Resources as his
or her designee will determine. in his or her sole discretion. whether you
voluntarily terminated your employment or were terminated tix cause.)
Please review the Voluntary Agreement and Release carefully. The Agreement generally
releases daims you may have against the City that arise out of your City employment.
including daims under the federal Age DiSl.:rimination in Employment Ad. You are
advised to consult an attorney of your choice before making a tlnal decision regarding
your partIcipation in the Program and signing any agreement. Attorneys in the Cily
Attorney's Office may not render legal advice to you in this matter.
Questions:
Information sessions for employees will he held in the HR Training Room, 4'h
tloor. City Hall Building on March 30th from 3:00-4:00 p.m.; April 2nd from <):00-
W:OOa.m.; April 7th from 3:00-4:00p.m.; and April nth from 3:00-4:00p.m. Please
contal,;t Lucia Chapman at 382-6058 to register for either of these sessions. If you have
any questions about the Program. please contact Elizabeth Miller. Human Resources
Specialist II, at (757)382-6373.
Attachments (2):
Voluntary Retirement Incentive Program Election Form
Voluntary Retirement Incentive Agreement and Release
City of Chesapeake
Voluntary Retirement Incentive Program Written Notice of Eligibility
The City of Chesapeake is offering eligible employees an opportunity to participate in a
voluntary retirement incentive program. Information regarding program eligibility and
requirements is found on this fact sheet.
Eligibility Factors
The Program is open to all full-time City of Chesapeake employees who:
. Are working for the City of Chesapeake as of April 1, 2009;
. Agree to voluntarily retire, effective no later than October 1, 2009 and
comply with the terms and conditions of this Program.
. Are active members in the Virginia Retirement System and not currently
receiving retirement benefits;
. Will have satisfied one full year beyond the age and service requirements
in the retirement system by the employee's proposed retirement date to
begin receiving full, unreduced retirement benefits under VRS (i.e., the
employee has reached age 50 with at least 30 years of service; or the age
of 65 with at least five years of service; or for public safety, age 50 with at
least 25 years of service); and
. Execute and return the Election Form and Voluntary Agreement and
Release no later than May 15, 2009.
Incentive Payment
The incentive payments are based on annual salary groupings, which are as follows:
$8,000 for annual salaries of $40,000 or less
$10,000 for annual salaries of $40,001 - $60,000
$15,000 for annual salaries of $60,001 - $90,000
$20,000 for annual salaries of $90,001 or more
These incentive payments will be "grossed up" for taxes associated with the payments
so that employees will receive the net amount as indicated above. As a result,
employees will be required to sign an agreement to indemnify and hold the City
harmless for any tax payments owed, interest, penalties, levies or assessments
resulting from the payments provided or from any failure by the employee to pay such
taxes, interest, penalties. levies or assessments.
Time Limits applicable to the Program
To participate in this program. you must comply with all Program terms and conditions
and submit the following forms to the Department of Human Resources as follows:
1. No later than May 15.2009: Completed Election Form and your executed
Voluntary Agreement and Release; and
2. No later than June 30, 2009: Completed VRS retirement application.
You may revoke your execution of the Voluntary Agreement and Release within seven
calendar days in writing, as explained in the text of the accompanying letter and the
Program documents.
Exclusions
You are not eligible for the Program if you:
( 1) voluntarily terminated your employment for any reason. including
retirement, prior to April 1 , 2009; or
(2) are terminated for cause pursuant to the City's Disciplinary Policy or
violation of administrative regulations. (The City Manager or the Director of
the Department of Human Resources as his or her designee will determine.
in his or her sole discretion, whether you voluntarily terminated your
employment or were terminated for cause.)
You are advi$ed to con$ult an attorney of your choice before making a final
dec;$;on regarding your participation in the Program and $Ignlng any agreement.
Attorneys In the City AttomeY'$ OffIce may not render legal advice to you in thi$
matter.
2
City of Chesapeake VOluntary Retirement Incentive Program Election
Form
Complete and return on or before May 15, 2009 (Application Deadline)
Name:
Legal Address:
Department:
Job Title:
By my signature below, I voluntarily elect to participate in, or decline to participate in,
the Voluntary Retirement Incentive Program ("the Program"):
o I voluntarily elect to participate in the Program.
o I voluntarily decline to participate in the Program,
Employee's Signature
Date:
3
CITY OF CHESAPEAKE, VIRGINIA
VOLUNTARY RETIREMENT INCENTIVE AGREEMENT AND RELEAse
This Voluntary Retirement Incentive Agreement and Release ("Voluntary Agreement
and Release"), made between the City of Chesapeake, Virginia (the "City") and
(the"Employee"). provides as follows:
RECITALS
A. The Employee is a long-term Employee of the City of Chesapeake and a
member of the Virginia Retirement System ("VRS") who has met both the age
and years of service requirements to be eligible for full, unreduced retirement.
and this Program. The City desires to offer an incentive payment on certain
terms and conditions to Employee. who are eligible for fuU, unreduced
retirement benefits from VRS according to the eligibility requirements of this
Program (the "Incentive Paymenr) , and who wish to voluntarily retire from
employment with the City by October 1, 2009.
B. The Employee desires to accept the Incentive Payment in return for hisJher
voluntary retirement effective no later than Odober 1. 2009.
C. The Employee has been advised by the City to review this Voluntary
Agreement and Release with hislher attorney, at hislher own cost, and has
been given at least 45 days to do so.
D, The Empfoyee enters into this Voluntary Agreement and Release knowingly
and voluntarily.
E. This Voluntary Agreement and Release sets forth the terms and conditions
under which the City agrees to pay and the Employee agrees to accept the
Incentive Payment.
AGREEMENT
1. Retirement ADDlication. By June 30. 2009, the Employee agrees to submit to
the Department of Human Resources a completed VRS application for
retirement to be effective no later than October 1, 2009. In addition to the
Incentive Payment, the Employee shall be entitled to receive payment for any
salary earned and annual and sick leave benefit payment based on applicable
policies, in accordance with the City's normal payroll schedule.
2 Incentive Payment. Within 30 days after the retirement date, the City shall
pay to the Employee the Incentive Payment, which shall be a lump sum of
. This amount is Rgrossed up" for taxes associated with this
payment.
3. Deferral of Incentive Payment. The Employee may elect to defer any portIon
of the Incentive Payment to the City's ICMA Deferred Compensation Plan
The Employee must contact the Ptan Administrator to determine eligibility and
the process for deferring payment of the Incentive Payment. The Employee
acknowledges and agrees that he/she is responsible for contacting the
deferred compensation plan to confirm the date by which the deferred
compensation must be received by ICMA and must notify the City In writing of
that date sufficiently in advance so that the Incentive Payment can be made
In accordance with applicable laws and regulations The Employee
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understands and agrees that failure by the Employee to do so will resul1 in the
Incentive Payment being paid directly to the Employee.
4. Ineliaibilitv to be ~ehired. As a condition of accepting the Incentive Payment,
the Employee agrees that helshe voluntarily waives and relinquishes all
eligibility for reemployment with the City as a fuft-time employee in a Virginia
Retirement System covered position.
5. Deadline for Execution of Aareement. To be eligible to receive the Incentive
Payment. the Employee must return the executed Agreement to the City's
Department of Human Resources no later than May 15. 200..
6. Attornev Acknowledament. The Employee acknowledges that the City has
advised himlher in writing to consult an attorney before signing this
Agreement and that the City has given himJher a period of at least 45
calendar days within which to do so and to consider this Agreement.
7. Release of Claima and Promise Not to Sue. To the maximum extent
permitted by law. the Employee knowingly and voluntarily agrees for
himselflherself and hialher helra. beneficiaries. personal representatives,
succeSlOrs and assigns, hereby forever to release. discharge, and waive any
and a" claims against the City and/or other afflllateet entitles. all of the City',
past and present officers, employees. attorneys, and other agents and
representatives of the City and Its affiliated entities, ("the Released Parties").
from or for any all claims. debts, demands. rights, causes of action,
compensation, responsibility and liability of every kind and character whatever
(including any claims for attorneys' fees and costs) known or unknown. which
the Employee has against the Released Parties as of the execution of this
Agreement. Claims released include, without limitation, any and all claims
arising out of the Employee's employment with the City or retirement
therefrom. and any and all claims arising under federal state. or local laws
relating to employment that may be brought in any court or administrative
agency. Examples of actual or potentia' claims released include. without
limitation, ctaims arising under Title VII of the Civil Rights Ad of 1964, as
amended; the Americans with Disabilities Ad of 1990, as amended; the Age
Discrimination in Employment Ad of 1967. as amended: the Older Workers
Benefit Protection Ad, and similar federal, state or local statut., ordinances.
and regulations. Employee is aware of no claims that helshe has under either
the Fair Labor Standards Ad or the Family and Medical Leave Act This
Agreement does not waive rights or claims that may arise after the date the
Agreement is executed.
8. Aae DiscriminatiQn C.,iml. The Employee understands and agrees that his
Agreement includes a relea.. of claims arising under the Age Discrimination
in Employment Ad of 1967. as amended.
9. Deadline for Revocation of AGreement. The Employ.. undenltands that
h. or she hu ..ven (7) cafendar days after signing this Ag....m.nt to
revoke the Agreement by deltyenng notice of revocation In writing to the
City" Departm.nt of Human Re.ources. This Agreement shall be binding,
effective, and enforceable upon the expiration of this seven calendar day
revocation period without the City's Department of Human Resources haVing
received such revocation
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10. Notice of Persons Eliaible for the Retirement Incentive Proaram. The
Employee acknowledges that the Employee has received a written
explanation of (i) the group of individuals covered by this Program that
resulted in the Employ..'s eligibility for the Incentive Payment, any eligibility
factors for participation. and any time limits applicable thereto; and (ii) notice
that a list is available for review in the Department of Human Resources of
the job titles and ages of all individuals who are eligible for the Program, and
the ages of aU individuals who are ineligible for this Program in the same job
classification.
11 No Other PaYments. The Employee understands and agrees that the City
and ita affiliates will neither make nor cause to be made any other payments
in connection with the Program to the Employee, the Employee'S
beneficiaries or dependents, or otherwise on the Employee's behalf. except
as specifically referenced herein.
12 IuII. To the extent any taxes may be due on the payments provided in this
Agreement beyond any withheld. the Employee agrees to pay such taxes,
interest. penalties. levies or .....smenta and, by signing below, indemnifies
and holds the City harmless for any such sums.
13. City Propefty. The Employee acknowtedges that he or she must return to the
City all property of the City no later than the last day of employment. For
purposes of this paragraph. "property of the City" includes, but is not limited to
keys. City credit cards, access cards. cell phones, equipment, books,
supplies. computer programs, originals and copies of all City documents.
including financial records and information, and any other materials. whether
prepared by the Employee or by others. but excludes anything owned by the
Employee individually.
14, No admission. The Employee understands and agrees that the City has
admitted no liability or obligation to provide the Incentive Payment. and that
nothing contained in this Agreement may be used or construed as an
admission of liability.
15. Severabilitv and Consequences of Invalid Terms. Should any portion or
provision of this Agreement be found vokt or unenforceable for any reason by
a Court of competent jurisdiction, the Court should enforce all other portions
and provisions of this Agreement to the maximum extent possible. If such
portion or provision cannot be so construed as to be enforceable, the
unenforceable portion shall be deemed severed from the remaining portions
and provisions of thia Agreement. which shall otherwise remain in full force
and effect. If any portion or proVisions of this Agreement is so found to be
void or unenforceable for any reason in regard to anyone or more persons.
entities. or subject matters. such portion or provision shall remain in full force
and effect with respect to all other persons, entities, and subject matters
16 Comolete Aareement. This Agreement represents the complete agreement
between the Employee and the City regarding the Employee's employment
and separation of employment and supersedes any prior existent
agreements, whether oral or written
17 Governina Law. This Agreement shall be governed and construed '" all
respects in accordance with the laws of the Commonwealth of Virginia without
regard to the conflict of laws rules contained therein
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18. Understanding and Authority. The parties understand and agree that all terms
of this Agreement are contractual and are not a mere recital, and represent
and warrant that they are competent to covenant and agree as herein
provided. The Employee understands, agrees and represents that the
covenants made herein and the releases herein executed may affect rights
and liabilities of substantial extent and agrees that the covenants and
releases provided herein are in the Employee's best interest. The Employee
agrees that he/she has carefully read this Agreement in its entirely; fully
understands and agrees to its terms and provisions; and knowingly and
voluntarily enters into the Agreement and intends and agrees that it shall be
final and binding.
19. Authority of the Department of Human Resources. The Department of Human
Resources has the authority to interpret the provisions of the Program and
determine whether the Employee meets the eligibility criteria for the Program.
Decisions of the Department of Human Resources regarding eligibility for the
Program are final and binding. Regardless of whether any party has
executed this Agreement. an Employee shall not be entitled to receive the
Incentive Payment if the Department of Human Resources determines that
the Employee does not meet the eligibility criteria for the Program.
EMPLOYEE:
Printed Name
Signature
Sign in the presence of a notary
Date
COMMONWEALTH OF VIRGINIA
City of Chesapeake, to-wit:
This day personally appeared before me
. who executed
this Document before me in my presence this _ day of
,2009
Notary Public
Notary Registration No.
My commission expires:
CITY OF CHESAPEAKE, VIRGINIA
7
William E. Harrell, City Manager Date
Date copy of executed agreement given to Employee: . 2009
City Representative (Initials)
Employee: "
(Initials)
8
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