HomeMy WebLinkAbout#5116 Retirement Agreement Shubert RESOLUTION NO. 5116
A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A
RETIREMENT AGREEMENT AND SEPARATION AGREEMENT BETWEEN THE
CITY OF CANTON AND TOM SHUBERT
WHEREAS, Tom Shubert ("Employee") has been employed by the City of Canton since
December 3, 1993, and after nearly 24 years of service, Employee will retire effective December
4, 2017; and
WHEREAS, The City is willing to accept such retirement and provide the provisions
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 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 Agreements 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 1st day of August 2017, upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew, Chris Jump,Craig West,Tad Putrich,Angeila
Lingenfelter,Justin Nelson
NAYS: None
ABSENT: Aldermen John Lovell, Angela Hale
AP ROVED:
• ,il
ent McDowelk Ma r
Att .
I . a Pavley- ock, City Cler
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RETIREMENT AND SEPARATION AGREEMENT (Exhibit " A")
This Retirement and Separation Agreement ("Agreement") is made this 1ST day of August,
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 , Canton, Illinois 61520.
WHEREAS, Employee has been employed by the City since December 3, 1993; and
WHEREAS, After nearly 24 distinguished years of service, Employee will retire on
December 4, 2017; and
WHEREAS, Employee is voluntarily retiring 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 seg.) and vested to Employee for the payment of accrued earned time off
pursuant to the City's' Personnel Policy;
WHEREAS, The City is willing to accept such retirement and in return, will give
compensation to Employee in the form of continued health insurance as set forth in this
Agreement.
WHEREAS, Employee and Employer agree this continued employment is a bonafide
employment agreement and any and all benefits excluding, but not limited to the accumulation of
vacation days, personal days, sick days, pay raises and any applicable benefits will remain in
effect until the end of the day on December 4, 2017. Any remaining benefit time (including
vacation, personal, sick and comp time) after December 4, 2017, will be paid in full to
Employee; and
WHEREAS, Employer and Employee agree the basis for this 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 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 Agreement. Upon execution of this Agreement,
nothing in this 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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1. Employee freely and voluntarily retires 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 Agreement.
3. Employer shall pay the premium costs for Employee's health insurance for
himself and his spouse until the Employee attains the age of sixty-five (65) or
such other age as Congress may subsequently determine for Medicare
eligibility. 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. 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 shall return all of Employer's property, including, but not limited to
cell phone, vehicle, keys and computer equipment on or before December 4,
2017.
6. Employee has been advised by Employer to consider this Agreement for a
period of not less than seven (7) days, to carefully read this Agreement, and to
confer with an attorney prior to executing this Agreement and has had an
opportunity to do so. Employee understands all legal consequences of this
Agreement and intends to be bound by it.
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7. Employee acknowledges that he has seven (7) days from the date of his
signature to revoke the signature on this agreement.
8. This Agreement shall be construed in accordance with the laws of the State of
Illinois.
4 Mrs4) -�V 1�up cr 5 (7-017nt McDowell, or Date:Y
EMPLOYEE HAS READ THIS AGREEMENT AND UNDERSTANDS THAT THE
TERMS ARE LEGALLY ENFORCEABLE. EMPLOYEE HAS HAD THE
OPPORTUNITY TO NEGOTIATE WITH EMPLOYER REGARDING THIS
AGREEMENT AND HAS HAD THE OPPORTUNITY TO CONFER WITH AN
ATTORNEY OF HIS CHOOSING FOR ASSISTANCE AND ADVICE. EMPLOYEE
HAS ENTERED INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.
Tom Shubert Date:
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Witness C Date:
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