WHEREAS, Chapter 105 of the Laws of 2010 establishes a two-part temporary retirement incentive program for certain employees of certain public employers including public school districts; and

WHEREAS, public employers that participate in the New York State Teachers’ Retirement System are authorized by Chapter 105 to elect to provide Part A incentive benefits to eligible employees in targeted titles if they do so on or before July 30, 2010; and

WHEREAS, Part A of Chapter 105 requires public employers to identify positions in targeted titles and establish an “open period” during which eligible employees may retire and be entitled to the benefits of Chapter 105, which may not begin before June 2, 2010 or extend beyond August 31, 2010 and may not be fewer than 30 nor more than 90 days in length; and

WHEREAS, Eastport South Manor Central School District has developed a “savings plan” within the meaning of Chapter 105 with regard to positions in targeted titles herein; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Education of the Eastport South Manor Central School District elects to provide the benefits of Part “A” of Chapter 105 of the Laws of 2010 (Retirement Incentive Program) to all employees who are members of the New York State Teachers’ Retirement System and who retire with an effective date of retirement during the “open period” commencing on July 29, 2010 and ending on August 31, 2010 and who are otherwise eligible to participate in such Program; and

IT IS FURTHER RESOLVED that the inclusion of employees in the Retirement Incentive Program shall be contingent upon the District’s ability to demonstrate the required savings in aggregate as determined by the Superintendent of Schools and any such employee excluded by such criterion shall be notified by the Superintendent of Schools prior to the effective date of the employee’s retirement and such employee shall be permitted to withdraw his or her resignation for the purpose of retirement.