Hazard pay

[john12566]

New York State
I retired from County government in June 2021 working under a civil service contract that expired on12/31/2023. A new contract was drawn up in January of this year and will be voted upon by members soon.
The provision in the new contract that I question is the giving of what is being called "pandemic/retention pay" of $1500 to $5000 (lump sum) depending on the job performed and full-time vs part-time status. You must have been employed by the County from 3/1/2020 through 2/28/2021. I was employed by the County at that time.

Here is the wrinkle which I believe is unlawful: The county is also calling it "retention pay" as you must be still employed by the county as of 1/1/2024 to receive the pay which would then exclude anyone--including me--that had retired in the meantime. First of all, how can this be retention pay after the fact? The employee already stayed! It seems to me it can't be called or treated as retention pay if it doesn't meet the definition. It seems to me that this bonus can only be treated as "hazard pay" and should be paid to all employees who worked during the stated pandemic interval.
Do I have a leg to stand on if I decide to pursue this legally?

 

[Zigner]

No.

 

[adjusterjack]

will be voted upon by members soon.

I take it you mean union members?

Take the issue up with the union leaders who were involved in the negotiations.

 

[john12566]

Yes
And I already did. I spoke to the Union president who said there was only so much money offered for the "bonus pay" which makes no sense. I said so why then didn't you just spread it around to everyone who worked through the pandemic. She didn't have an answer to that.

 

[Bali Hai Again]

Yes
And I already did. I spoke to the Union president who said there was only so much money offered for the "bonus pay" which makes no sense. I said so why then didn't you just spread it around to everyone who worked through the pandemic. She didn't have an answer to that.

I believe the answer to that is “because we take care of our current employees” and that leaves you out. I presume you will be voting no to the contract ratification?

 

[Zigner]

I presume you will be voting no to the contract ratification?

OP won't be voting at all (he retired last year).

 

[Bali Hai Again]

OP won't be voting at all (he retired last year).

Yes. I’m aware of that. Just trying to gently make a point.

 

[john12566]

Getting retro pay was never an issue for those that had retired when expired contracts were settled--at least over the years i worked. Why should this be any different? Found a GAO ruling that stated retro wages and lump sum payments were due to those who had since retired

 

[adjusterjack]

How much money would you get if you were included?

 

[john12566]

$3500