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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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