Professional Documents
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deductions) for the payroll period beginning August 25, 2015 through October
19, 2016. The Employer also agrees to restore leave accruals (personal
leave, holiday, vacation) pursuant to the PEF/State contract that the Grievant
used during the period of his suspension without pay.
2. The Grievant Harvey Brody agrees to file a retirement application within five
(5) business days of the October 20, 2016 reinstatement date with the New
York State Retirement System. Should the Grievant not submit his retirement
application by October 28, 2016 then the Employer will deem him as
resigning effective beginning of business October 31, 2016 and separate him
from employment. (A copy of his irrevocable letter of resignation is attached
as Exhibit B).
3. Grievant shall not be entitled to any back pay beyond the compensation noted
in paragraph 1 but the leave accruals used during the period of his
suspension without pay (June 15, 2015 to August 13, 2015) shall be included
in the calculation of pension benefits per NYS Retirement System Rules. The
Grievant is also entitled to, and hereby elects, to use his sick leave accruals
towards pension benefits and the payment of health insurance premiums in
retirement pursuant to NYS Retirement System rules and/or the PEF/State
contract.
4. Grievant Brody agrees to waive any and all claims, causes of actions, or
demands for liability that he may have had up to the date of this Agreement
including without limitation, those arising out of or in connection with the delay
by the Employer in implementing the arbitration award and those arising out
of or in connection with his employment with the State of New York. Brody
further agrees to sign a General Release (attached hereto as Exhibit C)
which provides that he shall forever release any and all claims, including
claims of employment discrimination based upon age pursuant to the Age
Discrimination in Employment Act (ADEA), disability, race, sex, religion,
creed, national origin or any other protected class membership pursuant to
state or federal laws. In consideration of the General Release the Employer
agrees to pay the Grievant compensation for any vacation accruals above the
thirty (30) day PEF/State contract maximum that he would have accrued as of
the date of his separation from State employment.
5. Grievant Brody acknowledges that he has consulted with an attorney with
regard to the General Release prior to signing this Agreement. Brody further
acknowledges that he will be provided a period of at least 21 days,
Dated:
__________________________
HARVEY BRODY, Grievant
Sussman & Watkins
Attorneys at Law
Dated:
By:________________________
Michael H. Sussman, Esq.
New York State - OMIG
Dated:
By:________________________
Dionne A. Wheatley, Esq.
Associate Counsel