HomeMy WebLinkAbout#5129 Tom Shubert Retirement/Separation Agreement RESOLUTION NO. ) Z /
A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING AN
AMENDED
RETIREMENT AND SEPARATION AGREEMENT BETWEEN THE CITY OF
CANTON AND TOM SHUBERT
WHEREAS, Tom Shubert ("Employee") was employed by the City of Canton since
December 3, 1993, and after nearly 24 years of service, retired effective December 4, 2017;
WHEREAS, The City accepted a prior Retirement and Separation Agreement through
Resolution Number 5116 dated and approved August I, 2017 by the City;
WHEREAS, Employee and the City have found an error relative to the payment of
certain health insurance premiums in the original Retirement and Separation Agreement,
specifically found in provision 3 of the original Retirement and Separation Agreement and wish
to correct same by entering into an Amended Retirement and Separation Agreement; and
WHEREAS, The City is willing to accept such Amended Retirement and Separation
Agreement listed in Exhibit "A".
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS:
1. That the Amended Retirement and Separation Agreement attached and incorporated
hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City
Council.
2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and
directed to execute said Amended Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Fulton County, Illinois and approved by the Mayor
thereof.
Passed by the City Council of the City of Canton, Fulton County, Illinois at a regular
meeting this 'q day ofJapdary, 2�Bt 8, upon a roll call vote as follows: I 1 �� I� S.}eg,t
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AP'RIVEt :
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Kent McDowell, Mayor
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D'c a'axle T ity Clerk
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AMENDED RETIREMENT AND SEPARATION AGREEMENT (Exhibit " A")
This Amended Retirement and Separation Agreement ("Agreement") is made this
day of December, 2017, by and between the City of Canton ("City" or "Employer"), an Illinois
Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Tom Shubert
("Employee"), who resides at 504 South Avenue A, Canton, Illinois 61520.
WHEREAS, Employee had been employed by the City since December 3, 1993; and
WHEREAS, After nearly 24 distinguished years of service, Employee retired on
December 4, 2017;
WHEREAS, Employee voluntarily retired from said employment and waives all rights
with respect to any matter connected with Employee's employment with the City and separation
of said employment, except for those rights vested to Employee by virtue of Article 4 of the
Illinois Pension Code (Commonly referred to as the Downstate Fire Pension Plan, see 40 ILCS
5/4 - 101 et seq.) and vested to Employee for the payment of accrued earned time off pursuant to
the City's' Personnel Policy;
WHEREAS, The City accepted such retirement via Resolution Number 5116 dated
August I, 2017 and in return entered into a Retirement and Separation Agreement;
WHEREAS, Employee and the City have found an error relative to the payment of
certain health insurance premiums in the original Retirement and Separation Agreement,
specifically found in provision 3 of the original Retirement and Separation Agreement and wish
to correct same by entering into an Amended Retirement and Separation Agreement;
WHEREAS, The City will give compensation to Employee in the manner as detailed
below and as set forth in this Amended Agreement;
WHEREAS, Employee and Employer agree this is a bona fide employment agreement;
and
WHEREAS, Employer and Employee agree the basis for this Amended Agreement is
not based upon claims of misfeasance, malfeasance or inappropriate or illegal conduct engaged
in by Employee at any time during Employee' s employment with Employer; and
WHEREAS, this Amended Agreement shall become effective upon the execution of this
Agreement by all parties and passage of appropriate resolutions by the City of Canton City
Counsel approving and ratifying the terms of this Amended Agreement. Upon execution of this
Amended Agreement, nothing in this Amended Agreement can be altered unless agreed upon by
both Employee and Employer in writing.
NOW, THEREFORE, in consideration of the mutual promises, the receipt and
sufficiency of which are acknowledged, the parties agree as follows:
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I. Employee freely and voluntarily retired from employment at the City,
effective December 4, 2017.
2. Employee expressly waives, releases and forever discharges the City, its
entities, departments, officers, directors, employees and agents, attorneys,
from any and all claims, actions and causes of action, at law or in equity,
known or unknown, directly or indirectly relating to or connected with
Employee's employment with the City or separation of said employment,
including but not limited to, any and all claims of age discrimination under the
Age Discrimination in Employment Act of 1967 (hereinafter "ADEA") as
amended by the Older Workers Benefit Protection Act, Title VII of the Civil
Rights Act of 1964, as amended by 42 U.S.C. 2000e et seq.,42 U.S.C. 1981,
the Civil Rights Act of 1991, the Illinois Human Rights Act, the Americans
with Disabilities Act, the Family Medical Leave Act, both Federal and State,
the Employee Retirement Income Security Act of 1974 and all other forms of
employment discrimination under any federal, state or local statute or
ordinance, wrongful termination, retaliatory discharge, breach of express,
implied or oral contract, interference with contractual relations or defamation,
intentional infliction of emotional distress and any other tort or contract
claims under common law of any state or for attorneys' fees, based on any act,
transaction, circumstance or event contemporaneous with, or prior to, the date
of this Amended Agreement.
3. Employer shall pay the premium costs for Employee's health insurance for
himself, his spouse and his dependent children,pursuant to Section 12.3 of the
Personnel Policy, until the Employee attains the age of sixty-five (65) or such
other age as Congress may subsequently determine for Medicare eligibility
and until the child turns twenty-six (26) or such other age as Congress may
subsequently determine for dependent children. Upon Employee attaining
the age of sixty-five (65), or such other age as Congress may subsequently
determine for Medicare eligibility, this coverage shall terminate for himself,
his spouse and dependent children. If Employee becomes re-employed where
insurance coverage is offered by the new employer, then the City is relieved
from its obligation to pay for any health insurance premiums.
4. As the employee attained the age of 52, he has become entitled to a pension
under the Down State Fire Pension Plan Fund and shall receive appropriate
pension payments pursuant to the law.
5. Employee has returned all of Employer's property, including, but not limited
to cell phone, vehicle,keys and computer equipment.
6. Employee has been advised by Employer to consider this Amended
Agreement for a period of not less than seven (7) days, to carefully read this
Amended Agreement, and to confer with an attorney prior to executing this
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Amended Agreement and has had an opportunity to do so. Employee
understands all legal consequences of this Amended Agreement and intends to
be bound by it.
7. Employee acknowledges that he has seven (7) days from the date of his
signature to revoke the signature on this Amended Agreement.
8. This Amended Agreement shall be construed in accordance with the laws of
he State of Illinois.
77Z1/AC)
K.- t McDowell, .,or Date:
EMPLOYEE HAS READ THIS AMENDED AGREEMENT AND UNDERSTANDS
THAT THE TERMS ARE LEGALLY ENFORCEABLE. EMPLOYEE HAS HAD THE
OPPORTUNITY TO NEGOTIATE WITH EMPLOYER REGARDING THIS
AMENDED AGREEMENT AND HAS HAD THE OPPORTUNITY TO CONFER WITH
AN ATTORNEY OF HIS CHOOSING FOR ASSISTANCE AND ADVICE. EMPLOYEE
HAS ENTERED INTO THIS AMENDED AGREEMENT KNOWINGLY AND
VOLUNTARILY.
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To ar, Date:
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Witness Date:
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