Does the decision to offer the ERIP require negotiations with bargaining units?
No. The law clearly states that the decision to adopt the resolution is to be made by the governing body of an employer. However, the act requires that each employer shall meet and consult with the representatives of the bargaining units representing eligible employees. The Division of Pensions and Benefits has clarified that at a minimum the employer must meet with and inform the bargaining representatives of the law, and as a maximum, may solicit input into the decision-making process. However, no agreement can be struck with the bargaining units about the adoption resolution.
