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•  employees with 25 years of service or more are eligible to receive 50
           percent of base annual salary.


              (4) Payment Conditions

              a. All payments made to affected employees under the Severance Option
           shall be reduced by such amounts as are required to be withheld with respect

           thereto under all federal, state and local tax laws and regulations and any
           other applicable laws and regulations.  In addition, the severance payment

           made pursuant to §3 of this Severance Option  shall  not  be  considered  as
           part of salary or wages for the purposes of determining State and member

           pension  contributions and for  the purposes of  computing all  benefits
           administered by the New York State Employees’ Retirement System.

              b. All payments made to affected employees under this Severance Option
           are  considered  to  be  one-time  payments  and  shall  not  be pensionable.

           Each affected employee must execute a  Severance  Agreement (sample
           hereto) prior to  separation from  State service in order to  be eligible  to

           receive said payment.

              c. In no event shall an affected employee who returns to State service
           receive severance pay in an amount that would exceed that which he or she
           would otherwise have received as base annual salary during the period of

           separation from State service. Should the amount of severance pay exceed

           the  amount  of  base  annual  pay  otherwise  earned  during  the  period  of
           separation  from  State  service, said  employee  shall repay  the difference

           pursuant to the following rules:
              i. Any affected employee who resumes State service shall  repay such

           excess payments received within one (1) year of the employee’s return to
           payroll, by payroll deductions in equal amounts.

              ii. Nothing in this §4.c. shall affect the State’s right to  recover the full
           amount of the monetary severance payment by other lawful means if it has

           not recovered the full amount by payroll deduction within the time periods
           set forth herein.

             (5) Grievability and Dispute Resolution
             a. The application of terms of the Appendix shall be grievable only up

           to  Step  III  of  the  provisions  of  Article  34  (Grievance  and Arbitration
           Procedure).

             b.  Disputes  raised  to  the  Step  III  level  will  be  reviewed  by  the
           Employment  Security Committee for  attempted resolution. If a  decision


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