May 13, 2008

Legislature Approves Weitzman’s Proposal to Change Law That Can Cause Hardship to Surviving Family Members of Former County Employees

Ordinance change approved at May 14 legislative session

The Nassau County Legislature unanimously approved last night a proposal by Nassau County Comptroller Howard Weitzman to allow surviving family members of county employees to receive the employee’s termination pay in one lump sum, rather than in the customary three payments over three years.  The County ordinance was referred to as the “three-pay” rule and affected payment of employees’ accrued vacation and sick pay in excess of $5,000. Previously, those payments were stretched over three years. In some cases, the delay in payment caused hardship for the surviving family members.

“The three-pay rule posed problems for some surviving family members who were in need of immediate financial assistance, but had to wait over the three year period for the complete pay out,” said Weitzman. “In addition, the three-pay rule imposed an administrative and emotional burden on families since the former employee’s estate must remain open through the three years so that all the payments can be received. Now surviving family members can receive the benefits in one lump sum if they choose.”

The change to the County ordinance only affects ordinance workers and not union employees, such as CSEA and Sheriff Officers Association members (ShOA)..

 “I am also urging the administration to include this change to the three-pay rule in any future collective bargaining agreements, so that the majority of County employees and their families will not have to suffer any undue hardship due to this wait,” said Legislator David Denenberg (D-Merrick), one of the supporters of the new ordinance.

“I am very supportive of this change to the ordinance, so that we can give surviving families peace of mind and one less thing to worry about, following the death of a loved one,” said Legislator Jeff Toback (D-Oceanside), who also approved the measure.

Under the new law, employees who die while employed by the county will now paid in one lump sum for their accrued unused vacation and sick days. The family can still take the pay over three years if they choose. Comptroller Weitzman said that over the last three years, approximately 6% of termination payments were made on behalf of deceased former employees. Paying in one lump sum instead of over three years would not change the County’s total obligation for termination pay, but would change the timing of the payment. Therefore any change to the three pay rule would not change the County’s overall fiscal obligations.