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HomeMy WebLinkAboutCity Council - 5840 RESOLUTION NO. 5840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION The City Council of the City of Huntington Beach does hereby resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Municipal Employees' Association, effective June 27, 1987 through June 30, 1988 a copy of which is attached hereto and by reference made a part hereof, is hereby approved, adopted and ordered implemented in accordance with the terms and conditions thereof. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19t.h day of January , 1988. ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Administrator 6;� 14 City Attorney /2- INITIAT AND APPR ED: C 9Ad ive ervices 5840 MEA MOU TABLE OF CONTENTS TITLE PAGE Table of Contents i Preamble 1 Article 1 Representational Unit 1 Article 2 Existing Conditions of Employment 3 Article 3 Salary Schedules 3 Article 4 PERS & Retirement Medical Insurance Plan 3 Article 5 Insurance 4 Article 6 Vacations and Holidays 7 Article 7 Overtime Pay & Compensatory Time 8 Article 8 Education Pay Plan 9 Article 9 Uniform and Safety Shoes 9 Article 10 Bereavement Leave 9 Article 11 Shift Differential 9 Article 12 Standyby and Call Back Pay 10 Article 13 Tool Replacement 10 Article 14 Grievances 10 Article 15 Disability Insurance Payments 10 Article 16 Promotions 11 Article 17 Leadworker 11 Article 18 Vehicle Use 11 Article 19 Sick Leave Payoff 11 Article 20 Hours of Work Study 11 Article 21 Personnel Rules 12 Article 22 Family Sick Leave 13 Article 23 Temporary Upgrade Pay 13 Article 24 Association Business 14 Article 25 Mid-Year Salary Review 14 Article 26 Bilingual Pay 14 Article 27 Maternity Leave 14 Article 28 Medical Leave of Absence 15 Article 29 Layoff Rules 15 Article 30 Copies of MOU 15 Article 31 Management Rights 15 Article 32 Term of Memorandum of Understanding 16 Article 33 Severability and Savings of Intent 16 Article 34 City Council Approval 17 Exhibit A - Salary Schedule - Effective 06/27/87 Exhibit B - MEA Exempt Classes Exhibit C - Employee Health Plan - Synopsis of Modifications Exhibit D - Employee Health Plan Exhibit E - PMI Dental Plan Exhibit F - Retiree Medical Program Exhibit G - Uniform Policy Exhibit H - Vehicle Use Policy Exhibit I - City Sponsored Indemnity Plan (Delta), City Sponsored Pre-Paid Plan (PMI) -i- 5840 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION (hereinafter called ASSOCIATION or MEA) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated representatives, duly appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the fiscal years 1987/88; and WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made to become effective June 27, 1987 and it is agreed as follows: ARTICLE 1 REPRESENTATIONAL UNIT A. It is recognized that the ASSOCIATION is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of employees of the CITY within those class titles set out in Exhibit "A" attached hereto and incorporated herein. Additionally, the representation unit shall include all non-safety, non-management classifications which are created after execution of this agreement and are not included in another representation unit or determined in accordance with the Employer-Employee relations Resolution to be more appropriately designated as non associated classifications. B. The CITY shall send the ASSOCIATION a copy of each new job description approved for classifications within the representation unit. C. The CITY and the ASSOCIATION desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness this unit and the selection of the representative of this unit, except during the month of February prior to the 5840 expiration of this Agreement. Changes in bargaining unit shall not be effective until the expiration of the MOU. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. D. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by and through the Personnel Director, would be entitled to propose a Unit Modification. The ASSOCIATION and the CITY agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the CITY's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer-Employee Relations Resolution as follows: 7-3. Personnel Director Motion of Unit Modification - The Personnel Director may propose, during the same period for filing a Petition for Decertification, that an established Unit be modified in accordance with the following procedure: a) The Personnel Director shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Personnel Director's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Personnel Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the CITY or from affected employees and/or sent by the CITY to affected employees; b) Following receipt of the Personnel Director's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; c) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; d) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 5840 1306X ARTICLE 2 EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits, and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE 3 SALARY SCHEDULE Effective June 27, 1987, employees shall be compensated at monthly salary rates by classification title and salary range for the pay period commencing June 29, 1985 as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. ARTICLE 4 PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND RETIREMENT MEDICAL INSURANCE PLAN A. Each employee covered by this Agreement shall be reimbursed an amount equal to seven percent (7%) of the employee's base salary as a pickup of the employee's contribution to the Public Employees' Retirement System. The above PERS pickup is not base salary, but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. B. In the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement law, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the CITY's obligation shall cease. The method of funding this benefit shall be the sole discretion of the CITY. This benefit is vested for employees covered by this Agreement (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance [Option #21 or one-half of the allowance [Option #31 is paid to the beneficiary for life.) C. The CITY and the ASSOCIATION agree to continue the existing funding mechanism whereby employees may set aside funds which, at retirement, may be used for funding their medical insurance premiums. The parties agree to utilize the existing Deferred Compensation Plan as said funding mechanism. Any employee who contributes one dollar ($1.00) or more per pay period to his or her deferred compensation account shall receive an employer contribution to the employee's deferred compensation account in the amount of five dollars and fifty cents ($5.50) per pay period. D. Each employee, eligible for service retirement, may have his/her PERS pickup reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Finance Director. Such modified -3- 5840 1306X reporting shall be limited to a maximum period of twenty-four months preceding retirement pursuant to Government Code Section 20022. Requests for retroactivity, if permitted by PERS, will be decided on an individual basis and shall require the approval of the Personnel Director. ARTICLE 5 INSURANCE A. The CITY shall continue to provide group medical benefits to all employees with coverage and other benefits comparable to the group medical plans currently in effect. The coverage and benefits provided under the CITY Self-Insured and Self-Administered Indemnity Plan (hereinafter called "the Plan") shall be as provided in the Employee Health Plan Document, attached hereto and by this reference incorporated herein as Exhibit "D". B. The CITY shall pay for dependent health insurance effective the first of the month following the month during which the employee completes one (1) year of full-time, continuous service with the CITY, except that an employee working half-time must complete two (2) years, and a three-quarter time employee must complete eighteen (18) months of continuous service before the CITY shall make such payments as set forth above. Permanent part-time employees of more than half time employment whose status cannot be precisely characterized as "half-time" or "three quarter-time" shall be eligible for CITY payment of dependent health insurance upon completion of two thousand eighty (2,080) hours of continuous service with the CITY. For purposes of determining continuous service, there shall be no accrual of hours for the period of time an employee is on a non-pay status for a complete pay period. The CITY's financial obligation to each employee for payment of medical insurance premiums shall not exceed Four Hundred Dollars ($400) per month. C. 1. Effective January 1, 1988, the maximum out of pocket expense for covered expenses shall be $550 per person per year after the deductible has been met. 2. Chiropractic Treatment - Effective January 1, 1988 shall be limited to $1,000 per year or twenty-four (24) treatments per calender year, whichever is greater. 3. Effective January 1, 1988, there shall be a benefit not to exceed $200 per person per year for preventive medical care expenses. Such care shall not be subject to annual deductibles or co-payment provisions of the plan and shall include preventive medical care expenses such as, but not limited to, an every-other-year physical exam for adults, yearly PAP test for females, all innoculations for children, three exams for an infant in the first year of life, flu shots, chest x-rays, EKG and other diagnostic lab tests. 4. The CITY shall implement a Substance Abuse Treatment Program with five days of in-patient care for detoxification with a lifetime maximum benefit of $10,000. D. The CITY and the ASSOCIATION shall jointly engage in appropriate planning for the addition of vision care benefits in order to form an objective and reliable cost impact study in conjunction with the medical program. -4- 1306X 5840 E. The CITY shall provide for each employee, at CITY's cost, $10,000 of life insurance with coverage comparable to the Standard Insurance Company Plan in effect on July 5, 1980. Said insurance shall contain provisions for optional supplemental coverage at the employee's cost. Effective April 1, 1988 the CITY provided insurance shall be increased from $10,000 to $25,000. F. The CITY shall provide for each employee at the CITY's expense a long-term disability insurance plan comparable to the Group Disability Insurance Plan in effect on July 5, 1980. The parties agree to exclude the first year of job related illness or injury from coverage on condition that the plan provides for a coordination with sick leave, vacations and holidays which is satisfactory to the ASSOCIATION. G. The CITY shall provide for each employee at the CITY's expense dental insurance coverage comparable to PMI Plan CXP-203 outlined in Exhibit "E" attached hereto and incorporated herein by this reference. Upon completion of one (1) continuous year of service (as defined in Article 5.13 above), the CITY shall pay for dependent dental insurance, provided the employee has covered, at his or her own expense, their dependents under the CITY plan for a period of six (6) months prior thereto. The plan shall be modified as described in Exhibit "I". H. Nothing in this Article shall be deemed to restrict the CITY's right to change insurance carriers or self-fund should circumstances warrant. CITY shall, however, notify the ASSOCIATION of any proposed change, and allow the ASSOCIATION an opportunity to review any proposed change and make recommendations to the CITY. 1. Nothing in this Article shall be deemed to obligate the CITY to improve the benefits outlined in this Article. J. Upon retirement (whether service or disability connected), each employee shall be entitled to participate fully, along with their dependents, in the group medical insurance program maintained by the CITY with respect to employees represented by the ASSOCIATION at the CITY's group premium rate. Retired employees exercising this option shall cause the premiums to be paid by the CITY out of any available funds due and owing them for unused sick leave benefits upon retirement, as provided in Article 20; provided, however, that whenever any such retired employee does not have any such available funds with which to cause the premiums to be paid, he or she shall have the opportunity to provide the CITY with sufficient funds to pay the premiums. Retired employees shall be entitled to the minimum benefits as specified by COBRA (Federal Law). At retirement, the sick leave hours remaining shall be converted to a dollar figure, as provided in Article 21, and an estimate shall be provided by the CITY to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The CITY shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact in writing by certified mail, return -5- 1306X 5840 receipt requested, at the retired employee's most recent address of record with the CITY no later than three (3) months prior to the date upon which there will not be sufficient I funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance to continue the group insurance in effect. If, following exhaustion of sick leave funds, a retired employee fails to provide the CITY with sufficient additional funds to pay premiums, the CITY shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his or her coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical insurance coverage after retirement shall have the further option to terminate such coverage following the provision of thirty (30) days written notice to the CITY, whereupon any funds due and owing him or her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the CITY of such notice; provided, however, that once such retired employee elects to terminate such coverage, he or shall shall be precluded from securing it at a later date at the group rate. It is understood that such retiree coverage shall be made available during the term of this Agreement at no increased cost to the CITY. K. As an alternative to the benefit described in Article 5-J above, the CITY will provide a financial contribution towards the cost of retiree medical premiums as described in Exhibit "F", subject to agreement on the language. The CITY proposes to reopen the meet and confer process on this issue only in the event a different plan is approved for other bargaining units in the CITY. The language of this Plan is subject to approval by the City Attorney and the MEA Attorney, and the plan will not be effective until its language is approved by the City Attorney and the MEA Attorney. ARTICLE 6 VACATION - HOLIDAY A. Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: 1. For the first four (4) years of continuous service, vacation time shall be accrued at the rate of 112 hours per year. 2. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation shall be accrued at the rate of 136 hours per year. 3. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 160 hours per year. -6- 5840 1306X 4. After fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 192 hours per year. B. No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. C. Upon one-week written notification to the Finance Director, each employee shall be entitled to receive his or her earned vacation pay, less deductions, in advance, prior to his or her regularly scheduled annual vacation. Such advancement shall be limited to one (1) during each employee's anniversary year. D. Once during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of eighty (80) hours of vacation benefits. Such pay may be reported to PERS as salary. The employee shall give two (2) weeks advance notice of his or her desire to exercise such option. E. The limit on vacation accumulation shall be three hundred (300) hours, provided the CITY notifies the employee and his or her Department Head upon accumulation of two hundred seventy (270) hours and again at least two (2) payroll periods prior to reaching said three hundred (300) hour limit of his or her option under sub-paragraph D above. F. All unit employees shall have the following legal holidays with pay: 1. New Year's Day 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 9, 1987) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national Holiday by the Governor of the State of California to be a or state holiday and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. Employees who are required to work on a legal holiday designated above, shall be compensated at the rate of time and one-half the hourly rate exclusive of any other premiums for all hours worked on said holiday. -7- 1306X 5840 ARTICLE 7 OVERTIME PAY AND COMPENSATORY TIME A. Employees who work in excess of forty (40) hours per week shall be compensated at the rate of time and one-half the hourly rate exclusive of any other premiums for all hours worked in excess of forty (40) hours in a given payroll week. Any time off in the form of sick leave during any payroll week does not constitute hours worked and such time shall not be counted toward calculation of hours worked. B. Exempt employees shall have the option of designating up to sixty (60) overtime hours per year to be paid in compensatory time at the time and one-half rate. The scheduling of compensatory time taken shall be approved by the employee's department head or supervisor. C. "Fair Labor Standards Act" - The City and the ASSOCIATION agree that employees covered by this agreement, and defined as "non-exempt" employees under the Fair Labor Standards Act, shall be subject to the provisions of the Act, as interpreted and administered by regulations of the U. S. Department of Labor. The minimum wage, calculation of overtime compensation, definition of hours worked shall meet the requirements of the Act. It is also understood that the City may establish a work period for each covered employee which meets the requirements of the Act and which will not result in overtime compensation as part of a normal work schedule. It shall remain the policy of the City that overtime is to be used only as needed or under emergency conditions as approved by the City Administrator. D. Employees in classifications listed in Exhibit "B" attached hereto and incorporated herein by this reference shall be defined as "exempt" employees who are not subject to the provisions of the Fair Labor Standards Act. ARTICLE 8 EDUCATION PAY PLAN A. Employees hired prior to January 1, 1979, shall continue to receive Educational Incentive Pay for units earned under the previous Plan so long as they remain employed with the CITY. B. All employees shall be eligible for reimbursement of tuition only at the authorized rate under the California State University System upon the request of the employee and approval of the Department Head and the Personnel Manager; and on condition that the employee complete the course with a passing grade and submit his or her grade card and tuition receipt. ARTICLE 9 UNIFORM AND SAFETY SHOES There shall be, and the parties shall abide by, a uniform and safety shoe policy as set forth in Exhibit "G", a copy of which is attached hereto and incorporated herein by this reference. 5840 -8- 1306X EXHIBIT F CITY OF HUNTINGTON BEACH RETIREE MEDICAL PROGRAM MEET AND CONFER MUNICIPAL EMPLOYEES ASSOCIATION Following is a description of a City proposed alternative to the PERS Medical Program for City of Huntington Beach retiree medical coverage. Applies only to future retirees. A two-tier City Plan. Will be administered under the umbrella of the City Self Insured Medical Program. One level of coverage will apply to employees and a different level of coverage would apply to employees retiring January 1, 1988 or later. The benefits for retirees will be generally the same as the current City program with the main differences described in the attachment. Benefits for employees (prior to retirement) would remain essentially as currently provided with changes as agreed to during current meet and confer sessions with the Association and with the addition of a prescription drug card with separate deductibles of $4 for generic and $6 for non-generic prescriptions. The Retiree Medical Plan would provide the following financial contributions by the City towards retiree medical premium costs: I. City Payment of Retiree Medical Premiums - The City would pay a portion of the retiree's medical premium based on years of service as follows: Years With City City Payment of Premium 5 - 10 Years Service $10 Per Month 11 - 20 Years Service $25 Per Month 20 Years or More $50 Per Month II. Medical Insurance Retirement Fund - Two accounts would be established for each participating employee in a newly created Medical Insurance Retirement Fund. One account would be the "employee contribution" account and the other the "city contribution" account. 5840 i EXHIBIT F (Continued) A. City Contribution - The City would contribute $12 per payday to the "city contribution" account for any employee who contributes at least $6 per payday to the "employee contribution" account. Vesting rights for the funds (plus interest) in the City Contribution account ($12 per payday) would be based on years of service as follows: 1. 50% vested for 0 - 10 years service 2. 75% vested at 11 years service 3. 100% vested at 20 years service B. Employee Contribution - Employees would be required to contribute a minimum of $6 per payday in order to participate in the Fund. Employees could contribute additional amounts to the employee contribution account at their option. Such additional contributions could be from the following: 1. Payroll deduction 2. Conversion of vacation hours 3. Conversion of a portion of sick leave hours 4. Other - per mutual agreement The Fund would be administered by the City in a separate fund and all administrative costs would be paid from the fund. The plan details will be further discussed with the MEA prior to implementation. The financial contributions by the City will be effective January 1, 1988. 1287X 5840 ARTICLE 10 BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed (3) work shift days per calendar year in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchildren, grandparents, grandchildren, son-in-law, and daughter-in-law. ARTICLE 11 SHIFT DIFFERENTIAL A. Employees required to work on a regularly assigned shift that occurs between the hours of 4:00 P.M. and midnight, shall be paid a premium equal to five percent (5%) of the employee's base hourly rate for all work performed during said shift. B. Employees required to work on a regularly assigned shift that occurs between midnight and 8:00 A.M. shall be paid a premium equal to ten (10%) percent of the employee's base hourly rate. C. Employees will be considered as assigned to the afternoon shift (4:00 P.M. to midnight) or the night shift (midnight to 8:00 A.M.) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. ARTICLE 12 STANDBY AND CALL BACK PAY A. An employee who is placed on standby status by his or her supervisor shall receive four (4) hours straight time pay for each twenty-four (24) hour period on such standby status. B. The CITY will reimburse employees called back to work a minimum of two (2) hours of pay at the rate of one and one-half time (1 1/2) his or her regularly hourly rate. C. A supervisor shall notify an employee, in advance, of the need of work overtime. Where overtime is worked as an extension of the work day, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. ARTICLE 13 TOOL REPLACEMENT Those employees who are required to furnish their own personal tools for use on the job, shall be reimbursed by the CITY for said tools that are lost, stolen or broken when in use on the job. Replacement of such personal tools or reimbursement to the employee shall be limited to $250 per employee and subject to approval by the supervisor. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of his or her personal tools and that the CITY may -9- 5840 1306X require a written report of when, where and how tools were either lost, stolen or broken while in use on the job in order for the employee to be eligible for reimbursement. ARTICLE 14 GRIEVANCES Any grievance as defined and described in Rules 19 and 20 of the CITY Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. The arbitrator shall be selected by the parties from listings of and pursuant to the rules of the American Arbitration ASSOCIATION. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid by the party which is not the prevailing party. ARTICLE 15 DISABILITY INSURANCE PAYMENTS When the CITY grants an employee leave without pay for reason of medical disability, the CITY shall maintain the employees' insurance premiums for the time the employee is in a non-pay status for the length of said leave not to exceed twenty-four (24) months. The CITY shall provide timely written notification of employee rights under this Article and the Long Term Disability Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. ARTICLE 16 PROMOTIONS A. When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the CITY, the employee with the greatest length of service with the CITY shall receive the promotion. B. Upon promotion, an employee shall be compensated at the same step in the salary range for his or her new classification, subject to the following provisions: 1) Except for the provisions of sub-paragraphs 2) and 3) below, no employee shall receive greater than a ten percent (10%) increase upon promotion. 2) If "A" STEP of the classification upon promotion is greater than 10% increase, the employee shall be compensated at "A" STEP upon promotion. 3) If the employee would be eligible for a step increase within 11 months of the date of promotion in his or her classification before promotion, then the Personnel Manager may authorize an increase greater than ten percent (10%) upon promotion. ARTICLE 17 LEADWORKER Any employee classified as "Leadworker" shall receive sixteen (16) ranges on the "Universal Salary Schedule" above the highest classification which is assigned to the Leadworker to lead. -10- 1306X 5840 ARTICLE 18 VEHICLE USE The CITY Vehicle Use Policy shall be as indicated in the document attached hereto and by this reference incorporated herein as Exhibit "G". ARTICLE 19 SICK LEAVE PAYOFF Upon termination, all employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave from 480 hours through 720 hours, and for fifty percent (50%) of all unused, earned sick leave in excess of 720 hours. ARTICLE 19 HOURS OF WORK STUDY The parties agree to continue to study the issue of hours of work during the term of the Agreement through a Joint ASSOCIATION1City Study Committee (with equal number of representatives). Upon approval by the City Administrator, implementation of any alternative hours of work may be accomplished on a city-wide, department-wide or individual work unit basis. Meetings of the Joint Committee may be called by either the Chief ASSOCIATION representative or the Chief City Representative. The City shall notify the ASSOCIATION and employees at least 30 days prior to any modification of alternative schedules of hours of work in order to discuss any modification of alternative schedules of hours of work before they are implemented by the City. ARTICLE 20 PERSONNEL RULES The City and the ASSOCIATION agree to implement the following rules and accordingly revise the Personnel Rules as described herein: 1. Rule 5-20 - Duration of Employment Lists - Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Personnel Director when requested by the Department Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 2. Rule 19-5, Step 4 - City Administrator - If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Personnel Director who shall act as hearing officer and shall set the matter for hearing within fifteen 05) days thereafter and shall cause notice to be served upon all interested parties. -11- 1306X 5840 The Personnel Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Personnel Director. 3. Rule 19-5(b) - Hearing - As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 4. Rule 21-7 - Hearing Officers - The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. 5. Rule 21-11 - Time. Computation of. The period of time in which any act must occur, as provided in these rules, shall be computed by excluding the first and including the last day of such period, and in the event the last day falls on a Saturday, Sunday or legal holiday, such acts may be accomplished on the next succeeding working day. As used in Rules 19 and 10, all references to days shall be interpreted to mean calendar days. The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. ARTICLE 21 FAMILY SICK LEAVE The parties agree to modify Section 18-8(d) of the Personnel Rules to provide: When an employee is required at home, not to exceed, unless approved by the Department Head, a total of five (5) days in anycalendar year, to attend upon his/her ill or injured spouse, child, stepchild, or parent. -12- 1306X ARTICLE 22 TEMPORARY UPGRADE PAY If an employee is formally assigned to work in a higher classification on a temporary basis but for greater than four (4) weeks, then the employee shall be compensated for any hours worked in excess of four (4) weeks, in the higher classification, in the same manner provided in Article 16-B. ARTICLE 23 ASSOCIATION BUSINESS An allowance of 50 hours per year shall be established for the purpose of allowing duly authorized representatives of the ASSOCIATION to conduct lawful ASSOCIATION activities. ARTICLE 24 MID-YEAR SALARY REVIEW The following classifications will be included in the City's annual mid-year salary review: Accountant, Shift Supervisor, Sr. Outreach Workers, Leadworker - Paint Division, and hazard duty pay for sewer workers and chemical application workers. While not being a meet and confer process subject to impasse resolution under the City's Employee Relations Resolution, this shall be a bilateral process and, after the parties have reviewed and analyzed data at a mutually set meeting(s) called for this purpose, approved salary changes for the above classifications shall be effective March 1, 1988. ARTICLE 25 BILINGUAL PAY Employees who are required by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) over their regular monthly salary. Employees who are required by their Department Head to utilize the bilingual skills may be required to be tested and certified by the Personnel Manager as to their language proficiency in order to be eligible for said compensation. ARTICLE 26 MATERNITY LEAVE The CITY and the ASSOCIATION agree to modify the present Personnel Rule 18-19 Maternity Leave to read as follows: "An employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employee's physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Personnel Manager." 1306X -13- 5840 ARTICLE 27 MEDICAL LEAVE OF ABSENCE The CITY and the ASSOCIATION agree that the following sub-paragraph "C" shall be added to Personnel Rule 18-20. Leave of Absence Without Pay: Leave of absence without pay, for medical disability reasons, shall be restricted to six (6) months. ARTICLE 28 LAYOFF RULES The CITY and the ASSOCIATION agree that the first sentence in Personnel Rule 8-3 shall be modified to read as follows: Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class in the same department are first laid off. ARTICLE 29 COPIES OF M.O.U. The CITY agrees to print this Memorandum of Understanding for each employee in the bargaining unit including all Exhibits except Exhibit "D" on or before February 1, 1988. ARTICLE 30 MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the CITY retains all rights, powers and authority with respect to the management and direction of the performance of CITY services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the CITY the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of CITY services. ARTICLE 31 TERM OF MEMORANDUM OF UNDERSTANDING A. This Memorandum of Understanding shall be in effect for a term commencing at 12:01 A.M., June 27, 1987 and ending at midnight on June 30, 1988. B. This Agreement constitutes the entire agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the ASSOCIATION for the duration of this Agreement. -14- 1306X 5840 C. Resolution No. 5455 has been the subject of litigation in Orange County Superior Court Case No. 44-18-25 and Fourth District Court of Appeals Case No. G002811. In the meeting and conferring to reach this agreement, the City and the ASSOCIATION have not intended to resolve the pending appeal in the aforementioned litigation or the wages and other terms and conditions of employment which were implemented for fiscal year 1984/85, including, but not limited to medical benefits and wages contained in Article 3 and 5. By entering into this agreement, the ASSOCIATION and the CITY agree that nothing contained herein shall be construed as a waiver by either party of their right to meet and confer over the issues in dispute from the 1984/85 impasse as they may affect fiscal year 1984/85 or thereafter; nor prevent any court from awarding any remedy in the above entitled litigation. This provision shall apply also to the effective date of the Police Records Technician wage increase, but not to the issue of the Police Records Technician inequity. ARTICLE 32 SEVERABILITY AND SAVINGS OF INTENT A. If any article, sub-article, sentence, clause, phrase or portion of this Agreement, or the application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons. B. The CITY and the ASSOCIATION hereby agree that in the event any state or federal legislative, executive or administrative provision purports to nullify or otherwise adversely affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the CITY and the ASSOCIATION shall, without prejudice to either party's judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative, executive or administrative provision. 5840 -15- 1306X ARTICLE 33 CITY COUNCIL APPROVAL It is the intent of CITY and ASSOCIATION that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer-Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless adopted by resolution of the City Council of the City of Huntington Beach. DATED: ��,^ , 1988 HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION APPROVED AS TO CONTENT: (ASSOCIATION OR MEA) By: / XOC�F- City Administrat B e v y. Chief o in str ive Services By: Charles Goldstein, City Negotiator APPROVED AS TO FORM: APPROVED AS TO FORM AND CONTENT: City Attorney m s Harker, Attorney for the M.E.A. -16- 5840 1306X MEA MOU TABLE OF CONTENTS TITLE PAGE Table of Contents i Preamble 1 Article 1 Representational Unit I Article 2 Existing Conditions of Employment 3 Article 3 Salary Schedules 3 Article 4 PERS & Retirement Medical Insurance Plan 3 Article 5 Insurance 4 Article 6 Vacations and Holidays 7 Article 7 Overtime Pay & Compensatory Time 8 Article 8 Education Pay Plan 9 Article 9 Uniform and Safety Shoes 9 Article 10 Bereavement Leave 9 Article 11 Shift Differential 9 Article 12 Standyby and Call Back Pay 10 Article 13 Tool Replacement 10 Article 14 Grievances 10 Article 15 Disability Insurance Payments 10 Article 16 Promotions 11 Article 17 Leadworker 11 Article 18 Vehicle Use I1 Article 19 Sick Leave Payoff 11 Article 20 Hours of Work Study 11 Article 21 Personnel Rules 12 Article 22 Family Sick Leave 13 Article 23 Temporary Upgrade Pay 13 Article 24 Association Business 14 Article 25 Mid-Year Salary Review 14 Article 26 Bilingual Pay 14 Article 27 Maternity Leave 14 Article 28 Medical Leave of Absence 15 Article 29 Layoff Rules 15 Article 30 Copies of MOU 15 Article 31 Management Rights 15 Article 32 Term of Memorandum of Understanding 16 Article 33 Severability and Savings of Intent 16 Article 34 City Council Approval 17 Exhibit A - Salary Schedule - Effective 06/27/87 Exhibit B - MEA Exempt Classes Exhibit C - Employee Health Plan - Synopsis of Modifications Exhibit D - Employee Health Plan Exhibit E - PMI Dental Plan Exhibit F - Retiree Medical Program Exhibit G - Uniform Policy Exhibit H - Vehicle Use Policy Exhibit I - City Sponsored Indemnity Plan (Delta), City Sponsored Pre-Paid Plan (PMI) 5840 `* EXHIBI City of Hunti� Beach MUNICIPAL EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 06/27/87 J03 CODE J03 TITLE J08 RNG STEP A STEP E STEP C STEP D STEP E CMP C0 R E M A R K S * * t MISCELLANEOUS EI+PLCYEE ASS * * + to43 ACCOUNTANT 373 2428 2562 27C2 2851 3009 5 6010 ACCT TECH I 269 1449 1529 1612 1700 1794 5 6611 ACCT TECH II 279 1517 16C0 1688 1782 1881 5 6612 ACCT TECH II1 299 1683 1775 1872 1974 2083 5 6613 ACCT TECH IV S19 1855 1957 2064 2177 2297 5 5648 ADMIN AIDE I 325 1912 2018 2129 2246 2369 5 1651 ADMIN AIDE 11 351 2177 2297 2423 2557 2.697 5 6615 ADMIN ASST (DIV) 299 1683 1775 1872 1974 2083 5 3647 ASSIST CORN TECH 289 1598 1687 1778 1875 1979 1 6663 ASST CIV OEF CRD 298 1674 1766 1863 1966 2073 5 1691 AUDIO VISUAL CRD 314 1808 19C7 2012 2123 2239 5 9617 AUTO 'BODY WKR NPR 320 1865 1967 2075 2189 2309 1 7641 . AUTO BODY WORKER 341 2070 2184 2304 2430 2564 1 7649 AUTORTO IRRIG WKR 314 1808 1907 2012 2123 2239 1 8634 BLDG MAIN -SVC YRK 314 1808 19C7 2012 2123 2239 1 3620 BLDG MAINT TECH 378 2493 2629 2773 2926 3087 1 3621 BLDG RNT TEC ASST 356 2233 2356 2486 2623 2766 1 Y628 BLOCK^lIASONRY'WKR 341 2070 2184 2304 2430 2564 1 1644 BUYER 367 2356 2486 2623 2766 2919 5 $645 BUYER ASSISTANT 1� 314 ' 1808 19c7 2012 2123 2239 5 _-7623 _..__._.CARPENTER.. _' . .341 _ --2070 - 2184 2304 2630 2564 1 - fso15 CARPENTER HELPER 308 1758 1855 1957 2064 2177 1 7661 CHERICAL APPLICAT 325 1912 2018 2129 2246 2369 1 1642 CHIEF COIMINALIST 445 3477 3668 3869 4082 4307 `4 3600 CIV CMECK INV 301 1699 1792 1891 1995 2104 5 1631 CIVIL'ENGR'ASST 404 2836 2992 3156 3330 3513 5 6651 ----_ CLERK--__,.._---- -. . 241__ 1253 - 1323 _1395 .._,_..__..1472 . . _. .-1'553 - ----__ S -- 6688 CLERK COURT LIAIS 288 1591 1678 1770 1867 1969 5 6079 CLERK LIBRARY 259 1378 1454 1534 1619 1707 5 6679 -._ CLE11C"_LL99ARY_SR 279 1517 1600 1688 1782 1881 5 - 6650 CLERK SENIOR 259 1378 1454 1534 1619 1707 5. 6639 CLERK STENO 269 1449 1529 1612 1700 1794 5 6646 CLERK fYPIST 247 1295 1366 1440 1520 1603 5 6645 CLERK TYPIST SR 20 �1420 1498 1581 1667 1759 5 5623 C04M CNTR LOR SR 313 1799 1898 2002 2113 2229 5 1678 COMNUNICTNS ADM 445 3477 3668 3869 4082 4307 5 3661 COMPTR OPTS SUPV 388 2617 2761 2914 3073 3243 5 3655 COMPUT OPER AIDE 288 1591 1678 1770 1867 1969 5 3648 COMPUTER OPER SR 52J 1865 1967 2075 2189 2309 5 3649 COMPUTER OPERATOR 302 1707 1801 19CC 2004 2115 5 7629 CONCRETE FINISHER 135 2011 2122 2238 2361 2491 1 F627 CONST E MAINT WKR 346 2122 2238 2361 2491 2628 1 � 6620 C04ST PERM AIDE 278 1511 1595 1683 1775 1872 5 -�b /o28 CONTRACT ADMIN 409 2907 3066 3234 3413 3600 5 0 2681 CREW LDR BCH MNT 383 2555 2695 2844 3000 3165 1 2673 CREW LOR BLDG MNT 388 2617 2761 2914 3073 3243 1 2670 CREW LOR ELEC MNT 388 2617 2761 2914 3073 3243 1 EXHIB MUNICIPAL EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 06/27/87 J09 CODE : JOS TITLE J09 'RNG STEP A S1EP E STEP C STEP 0 STEP E CNP CO R E M A R K S 2672 C&EY LOR MECH NNT 388 2617 2761 2914 3073 3243 1 2678 CREW LOR MET OPTS r 383 2555 2655 2844 3000 3165 1 2671 CREW LOR PAINT 388 2617 2761 2914 3073 3243 1 2686 CREW LOR PARK NNT 383 _ 2555 2695 2844 3000 3165 1 2677 CREW LDR SEYR NNT 383 2555 2695 2844 3000 3165 1 2676 City LOR ST LDSCP 383 2555 2695 2844 3000 3165 1 2682 CREW LDR ST NNT 363 2555 2695 2844 3000 3165 1 2675 CREW LDR ST TREES 383 2555 2695 2844 3000 3165 1 R 2664 CREW LOR MAT DIST $83 2555 2695 2844 3000 3165 ! 2665_�._._. _ CREW LDA YA.T-_PROP— 383--_ 25-55,. 2695 _. 2844 3000_ 3165 _._ T. 2680 CREWLDR TRAFFIC 388 2617 2761 2914 3073 3243 1 2674 CREYLDR TRF SGNLS 388 2617 2761 2914 3073 3243 1 - 1476 _ C41RE-PEV.ENT-_SPEC .__-.___ __.... . 319_ 1855._. 1957 2064 _ 2177_ 2297 5 1679 CRININALIST I 356- 2233 2356 2486 2623 2766 ; A 1680 CRININALIST II 396 2725 2874 3032 3193 3375 4 43:E� C+l�ETQlIB!£_� :. _ _ 233_--.�.___ 14 --- - 1.558' �- 1643_ _._. 1733�._- ..._._1829 -__ 1 2a 6643 DATA CONTROL CLK 278 1511 1595 1683 1775 13 2604 DEP CITY CLERK II 341 2070 2124 2304 2430 2564 5 ' _ AS _ 319_ _._.�_____1855 1957 2064 2177 2297 5 3650 OUPUT EtUitikK 242 �624.: " 1714 1a0a 19�7 2011- 5—_. .___ . ,_�....__,.,.._OE _..C_ITY _TRE OPER 288 1591 1679 1770 1867 1969 1 27i' 84E_Cr_R1 PA _MK11� _. �.. 325_ 1912 _..-2018 -= .... 2129 - - 2246 2-169_ 1 7 e! 17 ELECT TRAF SIGUL - 356 2233 2356 2486 .2623 �27b6 ei 7622 ELECTRICIAN 356 2233 2356 2486 2623 2766 1 -ENri- TECH- I _._ _-_ _._. _331__. _.:._, 1971_- 2C80_ ---_ . 2194 2316 -----__2442 1 3627- ENGINEERING AIDE 335 201! 21Z2 2238 2361 2491 _..•.-S_ .._ �_.____ 3631 E4696 TECH It 351 2177 2297 2423 2557 2697 1 - ti�;_363�.._`__.__EN4RG._T_ECR_Li3._ _.2914 _ .3073 32�43 _ 7 ---'-3087 _ ' 1660 ENYIRON OFFICR 378 2493 2629 2773 2926 -__3087 5 7655 EQUIP MAINT SPEC 367 2356 2486 2623 2766 2919 1 74 3 _. -._ EGJIP,_OP -HVY OUTY_ 341- 2070 2184 _ _2304 2430_ 2564 1 7644 EQUIP OPERATOR 325 1912 2C18 2129 2246 2369 1 8618 EQUIP SUPRT COORD 341 2070 2184 2304 2430 2564 1 �.-..._ 863$ FAC NAINT YRKR_ 303 1716 1810 1908 2014 2125 1 5631 FIELD SERVICE OFF 335 2011 2122 2238 2361 2491 1 5640 FIREE EDUCAT SPEC 349 2156 2274 2399 2531 2669 5 8633 GROUN.DSMORKER 283 1546 le31 1721 1817 1917 1 7613 HELICOPTER TECH 434 2836 - 2992 3156 3330 3513 1 7669 M20 STSTN TCH III 353 2198 2319 2447 2583 2725 1 7668 N20 SYSTNS-_TCH II 333 1992 21C1 2217 2338 2467 1 7667 N20 SYSTNS TECH I 320 1865 1967 2075 2189 2309 1 3602 IDENTIF TECH II 346 2122 2238 2361 2491 2628 4 3601 IDENTIFICAT TECH1 316 1825 1926 2031 2142 2260 S 3665 INFO SPEC I 314 1808 19C7 2012 2123 2239 5 -3666 INFO SPEC II 361 2288 2415 2548 2688 2836 5 cn 3674 INSP ELECT SR 378 2493 2629 2773 2926 3087 1 0 3642 INSP LANDSCAPING 367 2356 2486 2623 2766 2919 1 3650 INSP LICENSE 331 1971 2C80 2194 2316 2442 1 3675 INSP PLB 9 NEC SR 378 2493 2629 2773 2926 3087 1 EXHIBIM MUNICIPAL EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 06/27/87 J08 CODE JOB TITLE JOd RN6 STEP A STEP B STEP C STEP 0 STEP E CMP CO R E M A R K S 3677 INSP PLB R MECH 356 2233 2356 2486 2623 2766 1 3622 INSP PUB WKR SR 378 2493 2629 2773 2926 3087 1 3623 INSP PUB WRKS TRN 356 2233 2356 2486 2623 2766 1 3673 INSP STRUCT SR 378 2493 2629 2773 2926 3067 1 3640 INSP WATER SERV 367 2356_ 2486_ 2623.._ 2766 2919 1 3670 INSPECTOR ELECT 356 2233 2356 2486 2623 2766 7 3672 INSPECTOR STRUCT 356 2233 2356 2486 2623 2766 7 6644 INVENTORY- CLERK 259 1378 1454 1534 1619 1701 S 3634 LAND USE TECH 367 2356 2486 2623 2766 2919 S -- 3606 LANDSCAPE ARCHIT : 400 2780 _ 2933� 3094 3264 3444 7 7652 LArJOSCAPER . 303 1716 1810 1905 - 2014 2125 ___1.. Y 7678 LDOKR HYD 9 VALVS 336 2021 2132 2250 2373 2503 1 7673 LDWKR H2O SYSTEMS 369 2378 2508 2647 2792 2947 1 7682 LDWKR NEC-"NVY OTT 369 2378 2508 264f 2792 2947 1_ _ 9692 LOWKR TRAFIC STP 341 2070 2184 t 2304 2430 2564 1 768l- L99KA VAT MTR RPR 336 2021 2132 : 2250,- 2373 2503' 1 ______ __.._. 69 0 " --__-_._L D i K R H T R C 0115 T_.. :--_33 7_��..._�7i3Z]a s•....."".._`���'8Z�3'�"`.�___2'f86-_`�`._,�:_._ - - _.______ _ -_ 7692 LDi1KR/SERVS REP 357 2245 2368 2498 2635 2780 7 7691 LEADWKR BLDG MNT 367 2356 2486 2623 2766 2919 1 --8689 LEADWKR CHEN APPL {, 341 , 2070 Y684 LEADWKR CONCRETE 35t 2245 . 2366 2498,;: 2635 2780 1 ;., 7680 LEADWK& ELECT ---._ _ . i 3T2y -. 2416. 2550`. 2690. 23837. 29 3 1 8682 LEADWKR LANDSCAPE 7684 LEADWKR PAINTER 357 2245 2368 2498 2635 2780 1 8684 LEADWKR SEWER 341 2070 2184 2304 2430 2564 1 r - --8686 LEADWKR STREET_ _ , 357 -22�S T` 2368Y 2498_._ - 2635--' 2780 -.._- 4 - 7688 LEADWKR WATER 341 2070 2184 2304 2430 2564 1 8685 LEADYORKER MECH 357 2243 2368 : _ 2498 _2635 2780 1 — - 1649 - LlaRARIAN_ -___ .._.. . 33 2 i 2123 2 38" 2361_ 5634 LIaRARY ASST I 314 1808 1907 2012 2123 2239 6 8636 MAINT SVR WKR 314 1808 1907 2012 2123 2239 1 - 8631 MAINT WKR SR 303 - 1716.. _- 1810 _ 1908-. . _.. 2014 . 2125 1 8638 MAINT WORKER 288 1591 1678 1770 1867 1969 1 0665 MAINTLREPR SUPV 402 + 2808 2962 3125 3297 3479 5 7635 MECH HEAVY DUTY 353 2198` -2319- 2447_ 2583_ 2725 - 1 7619 MECH HELICOPTER 341 2070 2184 2304 2430 2564 1 8627 MECH SEWER PUMPS 320 1865 1967 2075 2189 2309 1 7639 MECH SWR PUMPS SR 325 1912 2018 2129 2246 2369 1 8620 MECHANIC 320 1865 1967 2075 2189 2309 1 7636 MECHANIC SR 341 2070 2184 2304 2430 2564 1 8621 MECHANIC Y 356 2233 2356 2486 2623 2766 1 8642, METER READER 298 1674 1766 1863 1966 2073 1 8641 METER READER SR 314 1808 19C7 2012 2123 2239 1 7648 METER REPAIR WKR 320 1865 1967 2075 2189 2309 1 7650 METER RPR WRKR"Y" 325 1912 2C18 2129 2246 2369 1 Ul 6652 NEBRHO WTCH SPEC 288 1591 108 1770 1867 1969 5 00 662E OFFICE COORD-LEGL 305 1732 1827 1927 2033 2146 5 -p 5671 OUTREACH ASST 167 0874 C922 0972 1026 1083 5 O 7624 PAINTER 341 2070 2184 2304 2430 2564 1 . .ti EXHIB M(JNICIPAL EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 06/27/87 JOB CODE JOB TITtE JOB RNG STEP A STEP E STEP C STEP D STEP E CMP Co R E M A R K S 3629 PARK MTR REPR T£C 336 2021 2132 2250 2373 2503 7 5660 PARK NATURALIST 361 2288 2415 2548 2688 2836 7 7620 PHOTOMLT06RAPHER 345 2109 2226 2349 2477 2614 1 2683 PK/CMP FACL SUPV 383 255S 2695 2844 3000 3165 5 5642 PKG CONTROL OFFIC 288 1591 1678 17T0. 1867 1969 1 8639 PKG/CAM ATTU 288 1591 1678 1770 1867 1969 1 3651 PLAN CHECK COORD 321 1874 1976 2085 2200 2321 5 -; 3 62 6 PLAN' CNCCXER SR 388 2617 2761 2914 3073 3243 5' 1604 PLAN/RESCN COORD 367 2356 2486 2623 2766 2919 i 163t PLANNER ASSISTANT 378 2493 2629 2773 2926 3087 S 3634 -- - PLA NNE R7RRAFTIN6 -- _ 325------ -- .._19f2 _ __. 2C18 __-._2129--- 2246 _ 2369 5_. 2637 PLANNING AI'S 362 2300 2427 2560 2701 2850 S 3671 PLM CH PUS WKS SR 399 27.65 2917 3078 3248 3427 5 m___PlU11SER; --- - ` .. . .35T 2t77~' 2297 2423 _ - -2557 2697 1 660 POL RECRS.TCN III 282 1539 1624 1714, 1808 1907 S 6601°. POL RECSS' TECO-t _-. 25r;.. 1364 1439 151$ 1602 1690 ,k._.S- t.� 6602P .._ OL REl`p3�ECM II 'r273 fi47T 1558 - - 161,3-_--. ..1733_ _._._ 1829 � S_ 6656 POLICE CLERK SPEC 278 1511 1595 1683 1775 1872 5 6654 POLICE CLERK SR 269 1449 1529 1612 1700 1794 S 365i lOIIt�PN�3ii1!l►ftf� 3Si�" __.2T7T _. -2297 2421- ZSST- 2697 667?�; PRINCIP k9841 CLK {. 298 1674 1766 1863 1966 2073 5 361 PRINT INS'CO6210(; �' 335; . . . 2011 2122 2238 61 2441 1 36 PROGRAMNER� 36$ 23b$ 2498__---._ 2635_-_ 8Q. 2933 5_._ 1653 PROGRAMMER SR 388 2617 2761 2914 3073 3243 S 1654 PROGRAMMER/ANALYS 405 2851 3007 3172 3347 3531 S 2011"_._-- 1122 ,_ 2238.__ 2361. 2491 :_..1 5639' PROPERTY OFFICER 320 1865 1967 2075 2189 2309 5 E 3601 PURCHASING TECH . 278 1511 1595 1683. 1T7S 1872 S w • 1656 REJ1l ESTATE ANAL - 3-?`9` -�23D3- _2789__ . 2941 3103_�.__---.5.w---_.____�____,:.�_. 5636 R£C LOR SR 346 2122 2238 2361 2491 2628 7 Z650 RECORDS ADMIN 390 2643 2789 2943 3104 3274 S 5607 - -RECORDS COORD __..- _ 340 2059 2172 2291 2418 2551 S_ 2627 REDEVELOPMT ANAL 378 2493 2629 2773 2926 3087 S C 6635 SECRETARY 239 1598 1687 17T8 1875 1979 S 6632 -_ - SECRETARY A DM IN 309 • 176E _. 1863 1966 2073 2187 5 _ 6614 SECRETARY DIVISN 299 1683 1775 1872 1974 2083 S 6633 SECRETARY LEGAL 309 1766 1863 1966 2073 2187 5 6636 SECRETARY TYPIST 279 1517 1600 1688 1782 1881 S 6634 SECRTRY LEGAL SR 318 - 1844 1945 2052 2165 2285 S 6637 SECTY LEG TYPIST 298 1674 1766 1863 1966 2073 S __--- - 5630 SERVI CE OFF/ALARM 335 2011 2122 2238---- 2361 2491- -- 1 5632 SERVICE OFFICER 335 2011 2122 2238 2361 2491 1 3644 SERVICE REP Y 320 1865 1967 2075 2189 2309 1 7646 SERVICE WORKER 320 1865 1967 2075 2189 2309 1 Ln 6604 SHIFT SUPERVISOR 298 1674 1766 1863 1966 2073 5 0-P 5670 SR OUTREACH CRO 346 2122 2238 2361 2491 2628 7 p 8624 STOREKEEPER 320 1865 1967 2075- 2189 2309 1 0653 SUPV SYS t PRMG 425 3149 9323 3505 3697 3900 5 7603 SURPLUS EXP€DITOR 279 1517 1600 1688 1782 1881 1 r EXHIBI7M MUNICIPAL EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 06/27/87 JOB CODE JOB TITLE JOB RNG _ STEP A - _STEP_. E -__ STEP C STEP 0 STEP E CNP CD R E P A R K S 3678 TECH PER t tN INF' . 321 1874 _ . 1976 1 2085 2200 2321 5 8629 TIRE SERVICE WKR 314 1808 1907 2012 2123 2239 1 7645 TRAF STRPNG EQ OP 32S 1912 2018 2129 2246 2369 1 1659_.-___._._ tREE...aR:I_N_.AERtA4:___... 323 _- _ _141.2 _ 24��------- .__ __:224.6__ 2369 1 8623 WAREHOUSEKEEPER 330 1962 2070 2184 2304 7430 1 7647 WATER NTR RPR WKR 320 1865 1967 2075 2189 2309 1 _._3643_ ,WAT ER..QT_L TEtH. ._ _ _._ _ . .. 335. .2D1.1__. 2122_ - -.�_2238� . 2361_ 2491 7 - 2689 WATER %UAL COORD 383 2555 2695 2af4 3000 3165 1- ' � 3690 WORD PROC COOR9 345 2109 2226 2349 2477 2614 5 • ._.._ _. 6663� �_..___ wait e,-.PRO_CESSoR—__._ _.. _-.._. 2bc�._. _` 1�13 : ti91 ;� 1'�.7_.�._. - --16S9__. 17S1_:__ S 'E) 6684 WORD PROCESSOR SR 278 1511 1545 1683 1775 1872 S 5624 Cultural Affairs Sup. 351 2177 2297 2423 2557 2697 _ 3663 Claims Examiner Sr. 376 2467 2602 2746 2896 3056 2679 Leadworker Park Facility 3659*' 2335 2463 2598 2740 2891 xdw t EXHIBIT B M.E.A. EXEMPT CLASSIFICATIONS Payroll Job Code File Effective June 27, 1987 JOB CODE CLASSIFICATION RANGE SALARY 1642 Chief Criminalist 445 3477 - 4307 1678 Communications Adm. 445 3477 - 4307 0653 Supervisor Systems & Program 425 3149 - 3900 1628 Contract Administrator 409 2907 - 3600 1631 Civil Engineer Assistant 404 2836 - 3513 0665 Maint. & Repro. Supervisor 402 2808 - 3479 1680 Criminalist II 396 2725 - 3375 2650 Records Administrator 390 2643 - 3274 2673 Crewleader Bldg. Maint. 388 2617 - 3243 2670 Crewleader Elect. Maint. 388 2617 - 3243 2672 Crewleader Mech. Maint. 388 2617 - 3243 2671 Crewleader Paint 388 2617 - 3243 2680 Crewleader Traffic 388 2617 - 3243 2674 Crewleader Traffic Signals 388 2617 - 3243 1653 Programmer Senior 388 2617 - 3243 2681 Crewleader Beach Maint. 383 2555 - 3165 2678 Crewleader Met. Opts. 383 2555 - 3165 2686 Crewleader Park Maint. 383 2555 - 3165 2677 Crewleader Sewer Maint. 383 2555 - 3165 2676 Crewleader Street Land. 383 2555 - 3165 2682 Crewleader Street Maint. 383 2555 - 3165 2675 Crewleader Street Trees 383 2555 - 3165 2684 Crewleader Water Dist. 383 2555 - 3165 2688 Crewleader Water Prod. 383 2555 - 3165 2689 Water Quality Coordinator 383 2555 - 3165 2683 Park/Camp Facility Supervisor 383 2555 - 3165 1656 Real Estate Analyst 379 2505 - 3103 2627 Redevelopment Analyst 378 2493 - 3087 1637 Planner Assistant 378 2493 - 3087 1643 Accountant 373 2428 - 3009 1644 Buyer 367 2356 - 2919 1604 Plan/Research Coordinator 367 2356 - 2919 2679 Leadworker Park Facility 365 2335 - 2891 2637 Planning Aide 362 2300 - 2850 1679 Criminalist I 356 2233 - 2766 1651 Admin. Aide II 351 2177 - 2697 1649 Librarian 335 2011 - 2491 1676 Crime Prevention Specialist 319 1855 - 2297 0585X 5840 EXHIBIT C EMPLOYEE HEALTH PLAN SYNOPSIS OF MODIFICATIONS The Employee Health Plan has been modified to include the following: 1. The initial cost of medical services covered by the Plan which are fully paid for by the employee, (commonly referred to as "the Deductible"), shall be One Hundred Fifty Dollars ($150) per person and Four Hundred Dollars ($400) per family. 2. Hospital admissions shall require prior notice by the employee and approval for said admission by the Insurance and Benefits Division, except in the case of emergencies as defined in the Employee Health Plan document. 3. The definition of a "dependent child" shall be changed so as to require that children ages nineteen (19) to twenty-three (23); a) be either a full time student, or b) live at home and be dependent on the parent/employee for more than fifty percent (50%) of his/her support. 4. The date of termination of coverage under the medical plan shall be changed to one (1) week after an employee's separation from City service. 5. Dependents of a deceased employee or a deceased retiree shall remain eligible for participation in the medical plan for a maximum of six (6) months after the death of the employee or retiree. 6. Eligibility for participation by employees in the City's medical plans shall not terminate on account of the age of the plan participant. 7. An annual financial report prepared in accordance with generally accepted accounting principals shall be provided by the City to the Association. Copies of the Medical Plan Document may be obtained from the Insurance and Benefits Office, City of Huntington Beach. 0619X 5840 EXHIBIT "Dn i THE CITY OF HUNTINGTON BEACH EMPLOYEE HEALTH PLAN PLAN DOCUMENT May 1983 (Revised 4/87) 5840 TABLE OF' CONTENTS I Definitions A. Calendar Year. . . . . . . . . . . . . . . . . . . . . . . . . . .5 B. Skilled Nursing Facility. . . • Y . . . . . C. Effective Date• . • • ■ . . . . . . . . • . . . . • ■ . . . . Y .5 D. Family Members. . . . . . . . . . . . . . . • . . • . . . . . . . • . . . . . . . . . , E. Legally Operated Hospital . . . . . . . . . . . . . . . . . . . . . . . . . .5 F. Masculine Gender. . . . . . . . . . a . . . . . . . . . . . . . a . . . . . . . . . . . . 5 G. Participant. .. . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 H. Physician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I . Employee. . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 J. Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 K. City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 L. Retiree. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 M. Accident. . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . 6 N. Relative Value Studies. . . . . . . . . . . . . . . . . . . . . . .6 O. Medically Necessary. . . * . . . . . . . . . . . . . . . . . . . . .. . . . . . . .6 P. Usual Customary and Reasonable. . . . . . . . . . . . . . . . . . . • . . .6 Q. Second Surgical Opinion. . . . . . . . . . . . . . . . . . . . . . .6 II Eligibility and Records A. Eligible Employees. . . . . . . . . . . • . . . . . Y . Y.• . . . . . . • Y . .7 B. Adding Family Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. MEA. . a . . . . . Y . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .7 D. MEO/Non Repr•esented/PMA/FA/MOSA/POA. . . . . . . . . . . . . . . .7 E. Retirees and Their Eligible Dependents. .. . . . . . . . . . . . . 7 F. Family Members Becoming Ineligible. . . . . . . . . . . . . . . . . . .9 G. Benefit Booklet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 III. Conditions Under Which Care Will Be Furnished in a Hospital or Skilled Nursing Facility A. Care for Illness or Accident. . . . . . . . . . . . . . . . . . . . 11 B. Bed Care. . . . . . . . .. . . . . . 11 C. Effective.Date. . . . . . . . . . . . . . . . . . . . 11 D. ID Card. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 11 E. Days of Care. . . . .. . . . . . . . . • . . . . . . . . . . . . . . 11 F'. Medically Necessary Services. . . . . . . . . . . . . . . . . . . . 11 IV. General Limitations A. Admission for Diagnostic Study, . . . . . . . . . . . . . . . 12. B. Workers' Compensation. . . . . . . . . . . . . . . . . . . . . . . 12 C. Services or Supplies not Legally Required to Pay. . . . 12 D. Services or Supplies at No Charge. . . ., . . . . . . . . . . . . . . 12 E. Care or Treatment from U.S. or F'or•e i�n Agency. . . . . . . 12 F. Services and Supplies Not Provided For. . . . . . . . . . . . . . 12 G. Services and Supplies Not Connected with Illness. . . . 12 H. Treatment of Teeth. . . . . . . . . . . . . . . I. . . . . . . . . . . • 12 1 5840 I . Services and Supplies for Cosmetic Purposes. . . . . . . . 12 J. Acts of War. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . .-12 K. Nursing Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 L. Custodial Care. . . . . . . . . . . . . . . . . . . . . . . . . . 13 M. Medicare. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 N. Sex Transformations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 0. Reversal of Sterili ations. . . . . . . . . . . . . . . . . . . . . . . . . . 13 P. Charges in excess of UCR. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 0. Experimental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 R. Pregnancy for dependent daughters. . . . . . . . . . . . . . . . . 13 S. Outpatient Psychiatric Care. . . . . . . . . . . . . . . . . . . . . . 13 'r. Supplies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . 13 V. Coordination of Benefits A. Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 S. Definitions. . . . . . . . . . . . . . . . . . . . . 14 C. Effect of Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . 14 D. Facility of Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1'7 E. Right of Recovery. . . . . . . . � . . . . . . . . . . . . . . . . . 17 F. Right to Receive and Release NecessaryInformation. . 17 . VI . Conversion Privilege. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 VII . General Provisions A. Plan Document. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 19 B. Workers' Compensation insurance. . . . . . . . . . . . . . . . . . . . . 19 C. Chiropractic or Psychologist. . . .. . . . . . . . . . . . . . . . . . . 19 D. Charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 19 E. Employer Responsibility for Furnishing Hospital Care. . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . 19 F. Duplicate Coverage. . . . . . . . . . ... . . . . . . . . . 19 G. Eligibility to Receive Hospital Care. . . . . . . . . . . . . . . . 19 H. Hospital and Skilled Nursing Facilities. . . . . . . . . . . . . 19 I . Notice of Claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 VIII. Second Surgical Opinion A. Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 8. Elective Surgery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 C. Board Certified Surgeon. . . . . . . . . . . . . . . . . . . . . . . . . . .22 D. Second Opinion Fees Paid by Plan. . . . . . . . , . . . . . . . . . .22 E. Coverage by Employee Organization. . . . . . . . . .22 IX. Basic Benefits A. Benefits for Services and Supplies in Hospitals and Skilled Nursing Facilities. . . . . . . . . . . .23 B. Total Days of Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 C. Basic Professional Benefits. . . . . . . . . . . . . . . . . . . . . . . .24 D. Care for Conditions of Pregnancy. . . . . . . . . . . . . . . . . . .26 E. Accident Benefit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2 X. Major, Medical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 XI . Terminal Benefits. . . . . . . . . . . . . ...32 XII . Fee Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 XIII. Administration of the Plan A. Appointment of the Claims Administrator . . . . . . . . . . 41 B. Powers of the Claims Administrator. . . . . . . . . . . . . . . . . . 41 , C. Claims Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42. D. Appeal Procedure. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . .42 E. Limitation of Liability. . . . . . . . . . . . . . . . . . . . . . . , . . . . .42 XIV. Duration and Amendment of the Plan A. Permanence of the Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 B. Right to Amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43, XV. Administrative Provisions A. _ No Limitation of Management Rights. . . . . . . . . . . . . . . . . .44 B. Participant 's Responsibilities. . . . . . . . . . . . . . . . . . . . . . 44 C. Missing Person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 D. Governing Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 3 5840 CITY OF HUNTINGTON BEACH EMPLOYEE HEALTH PLAN DOCUMENT Nothing contained in this Document shall in any manner• restrict or• interfere with the right of any individual entitled to service and care to select the Hospital , Skilled Nursing Facility or• to make a free choice of his attending physician or surgeon who shall be holder of a valid and unrevoked physician 's or• surgeon 's certificate and who is a member• of, or acceptable to, the attending staff and Board of Directors of the facility in which services are to be provided and rendered. Payment of benef.its herein shall not be construed as regulating the fee which a physician or surgeon may charge for his services or• as attempting to evaluate his services. 4 PART I DEFINITIONS A. A "Calendar Year" is the twelve-month period commencing January 1st of each year at 12:,01 A.M. , P.S. T. S. A "Skilled Nursing Facility" means an institution which (1 ) provides skilled nursing care under 24 hour supervision of a doctor or graduate registered nurse, (2) has available at all times the services of a doctor who is a staff member of a hospital , (3) provides 24 hours a day nursing service by a graduate registered nurse on duty at least 8 hours per day, and (4) maintains a daily medical record for each patient. It shall specifically exclude any institution which is primarily a place of rest, a place for the aged or a facility operated by the Federal Government or any agency thereof. C. The "Effective Date" is the date on which this Document becomes effective. D. "Family Member" shall be the spouse of the Employee and children from, birth to nineteen (19) years of a,ge,. provided such children are unmarried,, and dependent upon the Employee for support and maintenance. Refer to Part II, Eligibility and Records, Section D for further clarification. The term "children" shall include natural children, legally adopted children, and stepchildren. E. A "Legally Operated Hospital" is an institution operated in accordance with the laws of the Jurisdiction in which it is located pertaining to institutions identified as hospitals and which, for compensation from its patients and on an inpatient basis, is primarily engaged in providing diagnostic and therapeutic facilities for surgical and medical diagnosis, treatment and care of injured and sick persons by or under the supervision of a staff of licensed physicians or surgeons, and which continuously provides 24 hours .a day nursing service by reg i ster•ed., graduate nurses. It shall specifically exclude care provided by any institution or any affiliate or unit of a legally operated hospital which is primarily a place of rest, a place for the aged, a nursing or convalescent home, or a facility operated by the Federal Government or any agency thereof. F. The "Masculine Gender" includes the. feminine_ in context. G. The "Participant" is the eligible employee or retired employee .of the City whose Enrollment Form has been accepted by the Claims , Administrator in accordance with the enrollment regulations of this Document and in whose, name the City's Identification Card is issued. S 5840 H. A "Physician" or "Surgeon" is one who is duly licensed (1 ) to prescribe and adminster drugs, and (2 ) to perform surgery within the scope of his license. I . "Employee" means all full -time, permanent employees of the City of Huntington Beach working at least 20 hours per week. J. "Plan" means Huntington Beach Employee Health Plan. K. "City" means City of Huntington Beach. L. "Retiree" means any retired Employee of the City who ( 1 ) has retired on a service or, disability retirement, and (2) is not eligible for Medicare, and (3) has not attained age 65. M. "Accident" means a sudden, unexpected and unplanned event occurring by chance which is caused by an independent external force and which results in definite physical trauma. N. "Relative Value Studies" (RVS ) . is a listing of medical and surgical procedures published by the California Medical Association with "Units" assigned to each procedure in accordance with various medical criteria. The City provides benefits which are valued by assigning a monetary value to the RVS .Unit for covered procedures. 0. "Medically Necessary" services and/or, supplies are services or supplies which the Claims Administrator's medical advisors determine to be reasonably necessary and which are provided in accordance with local community standards for care and treatment of the illness or injury involved. The Plan will provide benefits only for these services and supplies which are determined to have been medically necessary at the. time P. "Usual , Customary and Reasonable (UCR ) . Charge" is the amount charged or the amount the Claims Administrator determines to be the prevailing charge within the general area in which the service was provided, whichever is the lesser. Q. "Second Surgical Opinion" means certain surgical procedures done on an elective basis shall be mandated to have a second surgical opinion in order to be payable at normal plan benefits, as specified in this Plan Document These surgical procedures are as listed: Cataract Surgery Varicose Vein Ligation Cholecystostomy Tonsillectomy & Adenoidectomy Hernia Repair Knee Surgery (Menisectomy ) Hysterectomy Hemorrhoider_tomy L.aminectomy Dilation and Curettage Mastectomy Report of Deviated Septum (SMR ) Onychotomy Spinal Fusion Prostatectomy 6 PART II ELIGIBILITY AND RECORDS A. Eligible Participants shall be all permanent Employees and Retirees. B. The Participants may add, upon notice to the Claims Adrn i n i stra tor•, other eligible Family Members, subject to enrollment regulations in effect with the City. Immediate coverage will be provided from and after the moment of birth for each newborn child of a Participant covered by a "Participant and one or more dependent" type coverage without requiring evidence of insurability. Extension of coverage for any condition commencing beyond thirty-one days from the date of birth of a newborn child of a Participant covered under a "Participant and one dependent" type coverage shall be contingent upon application to the Claims Administrator by the Participant in respect to each newborn child provided such application is made within sixty days from date of birth of a child in accordance with the enrollment regulations. An application for coverage for a new spouse or new child roust be completed within sixty days of marriage. An individual who fails to enroll when first eligible must submit satisfactory evidence of good health when the application for enrollment is made. C. MEA - Dependents of a deceased employee or a deceased retiree shall remain eligible for participation in the medical plan for a maximum of six (b) months after the death of the ern,p 1 oyes or retiree. D. MEO/Non Represented/PMA/FA/MSOA/POA - The Medical Plan shall exclude coverage of pre-existing medical conditions of new employees and dependents, except under the following conditions: a. The employee or. dependent is free from treatment for the pre-existing condition for three months after the effective date of coverage under the plan. b. A pre-existing condition of the employee is covered after• the employee completes six month of continuous employment. C. A pre-existing condition of any dependent who has been enrolled on the plan is covered after the employee completes twelve months of continuous service. E. All Retirees and their eligible Dependents shall be covered if: 1 . They were approved for coverage and ,covered by he prior plan on October 31, 1979. These Retirees are as follows: 7 5U 0 NAME: DEPENDENT COVERAGE 1 . Stephen Arebalo Mary 2. Robert Baker• Linda, Stacie, Renee, Robert 3. William Bruce Joanna 4. Ruth Burns None 5. Brander Castle None 6. Kier-an Chuba None 7. Helen Cowling None 8. Annabelle Cresswell None 9. Dola Dodd None 10. Richard Farrell H i l dr•eth 11 . Eddie Groom Violet 12. Virginia Kirkmeyer None 13. Fred Loya Jeannita, Michael , Lisa, Robert Show, Matthew Julian 14. Harold Mays None 15. Donald Moore Gertrude 16. John Sarver• Diane, Jay, Marc 17. Walter Sawyer Reeta, Jeffrey, Wendy 18. Donald Tryon Marilyn, David, Michael , Jennifer 19. Jar•r•ett Webb None 20. Jack Weide Billie 21 . William Welch Marilyn, William, James, Jeffrey 2. They retired on or after 11/1/799 and a. Made application within 31 days of r•etir• ing, and b. Paid. a quarterly premium, as determined by the City in advance. Retirees must continue to pay the quarterly premium monthly cast, as determined by the City, in advance to maintain coverage. 3. On the first of the month in which the retiree reached age 65 or on the date the retiree can first apply and become eligible for medical coverage under• Medicare (whether or• not such application is made ) , benefits under• this Document will be terminated. 4. Effective 1-1-86 if the spouse of an industrial disability r.•etir•ee becomes an employee of the City of Huntington Beach and elects family coverage under the Employee Health Plan, the retiree can elect to cancel his insurance coverage and be insured as a dependent . of his spouse. Upon the spouse's termination of City insurance benefits, the retiree can, without evidence of insurability, become reinstated to the Employee Health Plan at his own cost. 8 F. Family Members become ineligible under the following circumstances: 1 . When the Participant becomes ineligible. a. MEA - The date o.f. termination of coverage shall be one week after an employee's separation from City service. 2. When a child attains the age of nineteen years, or upon upon prior marriage, except that: a. In respect to an unmarried child attaining the age of nineteen years, should he continue to be dependent upon his parent (s) to the extent of not less than fifty percent of his subsistence and support, his eligibility for benefits hereunder shall continue while he remains in such status until he attains age twenty--•three, Effective 1-•1-86 the definition of dependent child is changed to require that children between the ages of nineteen to twenty-three be either: 1 ) A full time student or 2 ) Lives at home and are dependent on the parent/ employee for more than fifty percent (50% ) of his/her support. b. In respect to an unmarried child attaining the age of nineteen years, or twenty-three years when qualifying as set forth in Paragraph a. above, should he at such time be incapable of self-sustaining employment by reason of mental retardation or physical handicap and continue to be dependent upon his parent (s ) to the extent of not less than fifty percent of his subsistence and support, his eligibility for benefits hereunder shall continue regardless of his age while he remains in such status. Evidence of such incapacity and dependency shall be required within thirty-one days of the dependent's attainment of age nineteen years or ; twenty--three years whichever is applicable, and periodically thereafter as may be required by the Claims Administrator, but not more frequently than annually after a two-year period following such dependent 's attainment of the aforementioned age ] imitation. Determination of eligibility by the Claims Administrator shall be . conclusive. 3. A spouse upon entry of final decree of divorce or annulment. The child, or spouse upon entry of final decree of divorce or annulment, may, upon notice to the 9 5840 Claims Administrator wi thin fifteen days of the dot y h e on which the change in status occurs, apply for available Group Conversion Policies on the basis and at such subscription charges as are then in effect for such categories. G. The Claims Administrator shall issue for delivery to each Participant an individual benefit booklet, setting forth a statement of benefits to which the Participant and his eligible Family Members are entitled, and an Identification Card. 10 PART III CONDITIONS UNDER WHICH BENEFITS WILL BE PAYABLE IN A HOSPITAL OR SKILLED NURSING FACILITY Benef its will be provided for• expenses incurred in any Legally Operated Hospital or• skilled nursing facility under the following conditions: A. Benefits shall be provided for• expenses incurred in connection with illness or accident, but limited to those expenses billed by the Hospital or Skilled Nursing Facility which are necessary for• treatment of the condition requiring such care. B. The attending Physician or• Surgeon must certify that bed care is Medically Necessary, C. Admission must occur• on or after• the Participant 's or• Family Member•'s Effective Date hereunder. D. The Participant 's Identification Card must` be presented at time of admission or during the confinement stay. If such is not done because of factors beyond the control of the patient, benefits will be allowed only if claim is made within ninety days from date of admission or• thirty days from date of discharge, whichever is later•, accompanied by a r•eceipted bill and such supporting statements as are necessary to establish the claim. E. Days of care under. : the above provisions shall be counted against total days of care available under this Document. F. Services for• i npat i ent bed care must be Medically Necessary and not capable of being performed on an outpatient basis. 11 5840 PAR 1 IV GENERAL LIMITATIONS Benefits shall not be provided for: A. Admissions primarily for diagnostic study when inpatient 'bed care would not otherwise have been required, unless otherwise specified herein. B. Any condition for which benefits of any nature are recovered or found to be recoverable, whether by adjudication or settlement, under any Workers' Compensation or Occupational Disease Law, even though the Participant or Family. Member- fails to claim his rights to such benefits. C. Services or supplies for which the Participant or• Family Member is not legally required to pay. D. Services or supplies for which no charge is made. E. Care or treatment obtained from, or for• which payment is made by, any United States Federal or foreign government agency. F. Services or. supplies not specifically provided for herein. G. Services or• supplies not connected with care and treatment of an actual illness, disease or injury. H. Treatment on or to the teeth, extraction of teeth, treatment of dental abscess or granuloma, dental examinations, or treatment of gingival tissues (gums ) other than for tumors; eye glasses, eye refractions, eye examinations for the correction of vision or fitting of glasses; or the furnishing or replacement. of hearing aids, except as specifically provided for under Major Medical if such benefits are included in this Document. I . Services or supplies for cosmetic purposes, unless performed for correction of functional disorders or as a result of accidental injury occurring while the individual is covered hereunder. J. Conditions caused by or arising out of an act of war•, armed invasion or aggression, or any illness or injury occurring after the Effective Date of this Document and caused by atomic explosion or other release of nuclear energy, whether or not the result of war. K. Any services furnished by an institution which is primarily a place of rest, a place for the aged, a nursing or• convalescent home or any institution of like character, unless otherwise specifically provided for herein. 12 I 1 . Custodial care. M. Any services or supplies payable by Medicare, whether or not claim for such Medicare benefits is made. On the first of the month in which the Participant or eligible dependent who becomes age 65 or on the date the Participant can first apply and become eligible for any type of Medicare coverage (whether or not such application is made) , benefits under this Document will be modified and reduced so as to supplement Medicare coverage. N. Any procedure or treatment designed to . alter physical characteristics of the Participant to those of the opposite sex, and any other treatment or studies related to sex transformations. 0. Reconstruction of prior surgical stem• i 1 i zat i on procedures. P. That portion of charges in excess of Usual , Customary and Reasonable Charges, as determined by the Claims Administrator. Q. Experimental : Experimental or investigative therapy, including any type of therapy not generally recognized as of value by the medical community and its societies, as determined by the Claims Administrator in the reasonable exercise of its discretion, is not covered; all other charges, as for office visits or laboratory procedures, incurred in conjunction with noncovered therapy will be considered noncovered. R. Care for Conditions of Pregnancy for Dependent daughters. No benefits will be provided for any condition of pregnancy for dependent daughters. S. Outpatient Psychiatric Care. No benefits will be provided For any psychiatric services performed on an outpatient basis. T. Orthopedic shoes (except when ,joined to braces ) or shoe inserts, air purifiers, air conditioners, humidifers, exercise equipment and supplies for comfort, hygiene or beautification, Educational services, nutritional counseling or food supplements. 13 5840 PART V COORDINATION OF BENEFITS A. All of the benefits provided by the Plan are subject to the following provisions and limitation. B. Definitions: 1 . "Claims Determination Period" is a period beginning with any January 1st and ending at 12 o'clock midnight on the next succeeding December 31st, or that portion of such period during which the covered individual was covered under this Document. However, should this document specify a benefit year which does not coincide with the standard calendar year, then the "claim determination period will coincide with, and run concurrently with, the stated benefit year or portion of such benefit year during which the covered individual was covered under this document. 2. "Covered Individual " means the Participant or Family Member eligible for covered services under this Document. 3. "Covered Services means any necessary, reasonable and . customary item of hospital or medical expense incurred, where at least a portion of said ,incurred expense is covered under one or more of the Plans covering the person for whom claim is made or service rendered.. To the extent legally possible, "covered services" shall be synonymous with allowable expense. 4. "This Document" shall have the same meaning as Plan 5. "Plan" . means any plan, contract or policy providing benefits or services for- or by reason of hospital , surgical , or- medical care or treatment, which benefits or services are provided by (a ) group, (b ) group hospital or medical services organization, group practice, or other type of group service prepayment coverage, (c ) any group coverage under labor management trusteed plans, union welfare plans, employer organization plans, or employee benefit organization plans, (d ) any coverage under any governmental program., or any coverage required or provided by any statute "other than individual policies or contracts" , (e) any group student coverage provided, or sponsored, by a school or other educational institution. C. Effect on Benefits: I . For any claims determination period to which this provision is applicable, the services due and the 14 benefits that would be payable under this Document in the absence of this provision for the allowable expenses incurred during such claim determination period shall be reduced to the extent necessary so that the sum of (a ) .such reduced benefits and (b ) all the benefits payable for such allowable expenses under all other Plans shall not exceed one hundred percent of Covered Services under all Plans. 2. The services due or the benefits payable under this Document shall be reduced in accordance with the foregoing Subsection I . when the covered individual 's other Plan. a. does not contain a Coordination of Benefits provision similar to this, or b. the other Plan has a Coordination of Benefits provision similar to this, and ( 1 ) this Document covers the individual as a dependent while the other Plan covers him as an .Employee; or (2 ) this Document covers the Participant as the child of a female Participant while the other Plan covers him as the child of a male Employee•, or (3) this Document covers the Participant as the child of a male Participant who has. been legally separated or divorced from the mother- while the other Plan covers him as the child of the employed mother, except that if valid evidence is submitted establishing that the natural father has legal custody of the dependent child, then in such case the order of benefits determination shall be reversed; or (4 ) this Document covers the individual as a dependent child of a male Participant who has been divorced from the subsequently remarried mother while the other Plan covers him as the dependent step-child of the Employee step- father except that if valid evidence is submitted establishing that the natural father has legal custody of the dependent child, then in such case the order of benefits determination shall be reversed; or (5 ) this Document covers the individual as a Participant while the other Plan covers him as an Employee, and the other Plan has covered him for a longer period of time; or 15 5840 (6) this Document covers the individual as a dependent of a Participant while the other Plan covers him as a dependent of the same Employee, and the other Plan has covered him for a longer- per i od of t i me. 3. Effective Janaury 1 , 1987 the Department of Insurance has implemented new Order of Benefit Determination rules called the Birthday Rule. a. Except for cases of dependent children of divorced or separated parents, the health plan of the person whose birthday (month and day, not year ) falls earlier in the calendar year will pay first and the plan of the other person covering the dependent will be the secondary payer. b. If persons with the two plans covering the same dependents have the same birthday, the plan of the person which has had coverage longer is the primary payer. C. If one of the two plans has not adopted the Birthday Rule (such as if one plan is in another state) the rules of the plan without the Birthday Rule will determine which plan is primary and which is secondary. d. The divorced/separated parent rule specifies that the health plan of the parent with court ordered financial responsibility is not established the plan of the parent with custody is the primary payer. e. The retiree rule specifies that when a retired employee has two health plans because of coverage under a retirement health plan and as an active worker covered by another health plan, the plan covering the individual as an active employee will pay first and the plan of the company from which the worker is retired will pay second. 4. The Claims Administrator shall not be required to determine the existence of any Plan or the benefits payable under any Plan, when computing the services or benefits due any covered individual under this Document. The services due or the benefits payable under this .Document shall be affected only to the extend that other Plan information is supplied by the covered individual , any supplier of covered services hereunder, or any other organization or person. 5. When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of 16 each service rendered shall be deemed to be both a covered service and a benefit paid, The reasonable cash value of any services provided to the covered individual by any service organization shall be deemed an expense incurred by said individual , and the liability of the Claims Administrator under this Document will be reduced accordingly. D. Facility of Payment: Whenever payments which should have been made under this Document in . accordance herewith have been made under any other• Plans, the Claims Administrator shall have the right, exercisable alone and in its sole discretion, to pay over to any organizations making such other payments, any amounts it shall determine to be warranted in order to satisfy the intent of this provision. Any amounts so paid shall be deemed to be benefits paid under this Document and to the extent of such payments, the Claims Administrator shall be fully discharged from liability under this Document. E. Right of Recovery Whenever payments for covered services have been made by the Claims Administrator and said payments exceed the maximum amount of payment necessary . to satisfy the intent of this provision, irrespective of to whom paid, the Claim Administrator shall have the right to recover such excessive amounts from any persons to, or for, or with respect to whom such payments were made, or from any Insurance Company, or any other organizations or persons. F. Rights to Receive and Release Necessary Information: For the purpose of implementing this provision and in the interest thereof, the Claims Administrator• may release or obtain any information deemed to be necessary with respect to any person claiming benefits under• this Document. Such information may be released or obtained without the consent of, or notice to, the covered individual or any other person or organization. 17 5840 PART VI CONVERSION PR I V I I....CGE A. When the Participant or Family Member ceases to be eligible for coverage hereunder, coverage shall terminate automatically without notice; however, such Participant or Family Members shall be entitled, upon written notice to the Claims Administrator within 31 days from the date that eligibility ceases, to make application for a Group Conversion Policy on the basis and at such premiums as are then in effect for such program. 18 PART' V I I GENERAL PROVISIONS A. This Document, and the individual applications of Employees shall constitute the entire Agreement between the parties and , all statements made by the City or by any individual Participant shall , in the absence of fraud, be deemed representations and not warranties, and no such statement shall be used . in defense to a claim under this Agreement unless it is contained in a written application. B. 'This Medical Benefit Plan is not in lieu of and does not affect any requirement for, o • coverage by Workers' Compensation Insurance. C. Subject to the conditions and limitations set forth herein, if the Participant or Family Member• uses the services of a licensed chiropractor or psychologist performed within the scope of his license;, and payment for such services would have been provided by this . Document if performed by a Physician. or Surgeon, then such services shall be treated as though they had been performed by a Physician or Surgeon for the purposes of determining benefits hereunder. D. None of the terms dr provisions of the charter, constitution of by-laws of the Claims Administrator shall form a part of this Document or• be used in the defense of any suit hereunder unless the same is set forth in full herein. E. The Employer and Claims Administrator shall not be responsible for the furnishing of hospital; cure nor for the quality thereof. F. If the Participant or Family Member has duplicate coverage with the Claims Administrator, benefits shall be limited to an aggregate amount paid not to exceed 100% of the necessary, reasonable, and customary medical expenses incurred. G. No person other than the Participant or Family Member is entitled to receive hospital cure or other benefits to be furnished by the Claims Administrator under this Document. Such right to hospital care or other benefits is not transferable. H. The hospitals (or Skilled Nursing Facilities if such benefits are included in this Document) furnishing care or other benefits, to the Participant and Family Member and the Claims Administrator shall not be liable for any claim, or demand on account of damages arising out of or in any manner connected with any injuries suffered by the Participant or Family Member while receiving care in any hospital or Skilled Nursing Facility. ty 5840 T . Notice of Claim. Properly completed claim form, itemizing the service received and the charges must be sent to the Claims Administrator by the Participant or the provider of service. These claim forms must be received by the Claims Administrator• within 12 months of the date services are received. The Claims Administrator is not liable for payment of the benefits if claims ar•e not filed within this time period. 20 PART VIII SECOND OPINION SURGICAL PROGRAM A. Effective 1-1-84 certain surgical procedures done on an elective basis shall be mandated to have a second surgical opinion in order to qualify as a covered benefit. The surgical procedures which would require a second opinion if done on art elective basis are as listed below: 1 . Cataract Surgery excision of a diseased lens of the eye. 2. Cholecystostomy - cutting into and draining of the gallbladder through abdominal wall . 3. Dilation and Curettage -- expansion of cervix and scraping of uterine cavity. 4. Hemor•r•ho i dectomy - surgical excision of hemorrhoids (piles). D. Hernia 'repair repair of an inguinal , femoral or umb i ca l hernia. b. Hysterectomy removal of the uterus (womb ). 7. Knee Surgery (Menisectomy) - removal of meniscus cartilage of the knee. 8. Laminectomy - surgery on the spinal canal through the vertebral arch. 9. Varicose Vein Ligation - repair of varicose vein. 10. Mastectomy - surgical removal of the breast. 11. Onychotomy - surgical removal of the nail of. a toe or finger. 12.. Prostatectomy -. excision of part or all of the prostate gland. 13. Repair of deviated septum (SMR ) -•• sub-mucous resection - plast`ic surgical procedure to straighten nose. 14. Spinal fusion -• surgical fusion of two or more vertebrae. 15. Tonsillectomy and/or Adenoidectomy - surgical removal of tonsils and/or adenoids. B. The listed surgical procedures shall be considered elective unless the attending physician certifies that the procedure 21 5840 was performed on an emergency basis without reasonable time for a second opinion. C. The second opinion will be rendered by a physician who is a qualified Eoar•d Certified surgeon in the same speciality as the original surgeon. D. The second surgical opinion fees will be paid in full by the Employee Health Plan subject to U. C.R. E. Coverage by Employee Organization 1 . MEO/Non Represented: Should an employee or• covered dependent elect a listed surgical procedure without a second opinion or contrary to the recommendation of a second or• third opinion, the benefit charge will be reimbursed at 00% of the normal benefits payable. 2. POA/MEA/PMA/FA/MSOA: Should an employee or• covered dependent elect a listed surgical procedure without obtaining a second opinion no benefit will be payable. 3. FA/MSOA: Once a second opinion is obtained and the individual elects to have the surgery, the normal benefit will be paid irrespective of the content of the second opinion. 22 PART IX BASIC BENEFITS A. BENEFITS FOR SERVICES AND SUPPLIES IN HOSPITALS AND ELIGIBLE SKILLED NURSING FACILITIES. 1 . Days of Inpatient Care a. Covered inpatient services or Skilled Nursing Facility will be paid up to an aggregate of 100 days during each Period of Disability. b. A Period of Disability is a continuous inpatient stay or a series of stays where dates of discharge and readmission ar•e separated by less than 28 days. However•, if inpatient care is required because of an Accident within the 28-day period, a new Period of Disability begins. 2. Hospital Pre Admission Notification a. A hospital pre-admission notification to the Orange County Medical Review (OCMR ) shall be required prior• to hospital admittance for• non emergencies. b. If the required notification is not given to OCMR, the benefit entitlement will be subject to a $100 deductible against the charges for hospital costs. 3. Room Accommodations Except when care is for• Mental Disorders, benefits will be provided as follows; a. 100% of charges for a room of two or more beds. b. 1007 of charges for care in special treatment units licensed by the State, such as intensive care and coronary care un i ts. C. If a private room is used, benefits will be equivalent to 100% of the Contracting Hospital 's or Skilled Nursing Facility's most prevalent charge for a two-bed room. 4. Other Inpatient Services: a. When furnished and billed by the Hospital , or• Skilled Nursing Facility, all services and supplies Medically Necessary for• treatment of the illness or• injury requiring the covered confinement EXCEPT MENTAL DISORDERS will. be provided at 100% of charges during 23 5840 eligible days of care, EXCEPT THE ACQUISITION COSTS OF BLOOD AND BLOOD PLASMA AND THE CHARGES FOR EXPERIMENTAL OR INVESTIGATIVE PROCEDURES AND SERVICES. 5. Car•e for Mental Disorders a. When care is for Mental Disorders, benefits as described for Room Accomadations and Other Inpatient Services will be provided at 50% of the Hospital 's or• Skilled Nursing Facility's charges. b. Skilled Nur•si.ng Facility a. Prior care in a Hospital is not r•equ i red. before being eligible for care in a Skilled Nursing Facility. b. ADMISSIONS OR CONTINUED STAYS FOR CUSTODIAL OR DOMICILIARY CARE ARE NOT COVERED. 7. Outpatient, Hospital Benefits Benefits will be provided for 100% of the Hospital 's charges for• services and supplies in connection with: a. Surgery requiring use of operating facilities, and the physician 's charges for the surgical procedure. b. Treatment of an accidental injury within 72 hours of the Accident, including necessary X-rays and laboratory tests, and the physician's charges for• professional services. C. Usual , Customary and Reasonable Charges for required medical testing done on an out patient basis prior to admission to a hospital . B. TOTAL DAYS OF CARE Days of care provided in any facility shall be counted against total days of care available under this Document. C. BASIC PROFESSIONAL BENEFITS Basic Professional Benefits are provided when they ar•e Medically Necessary. These benefits are based on the California Relative Value Studies -• Fifth Edition. A representative sample of those Studies, with surgical procedures and assigned Units, is included in this Document. Professional procedures not listed in this Document may also be covered. The Unit Value used in calculating Basic Professional Benefits for Surgical Services, Professional Anesthetist Benefits and Doctor Visits in the Hospital is: 24 $65.00 Per Unit 1. Benefits for Surgical Services a. Surgical Services are defined as Medically Necessary operative and cutting procedures for treatment of diseases and injuries, and f-or reduction of fractures and dislocations. b. Primary Surgeon: Benefits are determined by multiplying the number of Units specified for each procedure in the California Relative Value Studies Fifth Edition by the designated Unit Value.. C. Assistant Surgeon: If a benefit is paid to the Primary . Surgeon and scope of surgery customarily requires an Assistant. Surgeon, benefits will be provided for one Assistant Surgeon who is not a hospital intern, resident or house officer. The benefit is 20% of the amount paid to the Primary Surgeon, or one Unit - whichever is greater. d. Benefits for Surgical Services are subject to these conditions and limitations: (1 ) The service must be performed by a licensed Physician. (2) The service mush be performed on or after- the Participant's or Family Member's Effective Date of coverage under this Document. However, if the Member is already hospitalized prior to the Effective Date, benefits for surgical services will not be provided until after the Member is discharged from that hospital . (3 ) If more than one surgical service is performed during one operative session in the same operative area, payment will be made only for the major procedure. (4) If more than one surgical service is performed during the same operative session in different operative areas, maximum payment is made for the major procedure, plus one-half the allowance for the minor procedure which provides the next greatest allowance. However, the total benefit for the Primary Surgeon under these circumstances shall not exceed 24.62 Units. 2. Professional Anesthetist Benefit a. When the Participant or Famility Member is entitled to hospital care and surgical benefits hereunder, the 25 5840 plan shall pay for services of professional anesthetist, in accordance with the Anesthesia Units listed in the California Relative Value Studies - Fifth Edition and at the Unit Value designated in Document. b. The Units appearing in the Anesthesia column represent basic values. To these will be added Time Units, representing the actual time spent administering the anesthetic. Time Units are based on one Unit for each quarter-hour or major part thereof. 3. Physician Visits in the Hospital a. When a Participant or Family Member receives. covered care in a Legally Operated Hospital or Skilled Nursing Facility as a result of illness or injury and no surgery is performed, payment toward the cost of visits by the attending Physican shall be: ( 1 ) Up to .37 Units for the first visit during eligible confinement, and . 123 Units for one visit a day thereafter during the Period of Disability. b. Benefits will be provided for consultation services by a Physician (EXCEPT STAFF CONSULTATIONS REQUIRED BY HOSPITAL REGULATIONS) , if the Member is hospitalized and the condition requires special skill or knowledge for diagnosis and treatment. ( 1 ) Up to 37 Units will be allowed per bedside consultation for a maximum of one such consultation per admission. 4. Ambulance Benefit a. Benefits will be provided for expense incurred by the Participant or Family Member for necessary use of local. surface ambulance service for- transportation to or from the Legally Operated Hospital (or Skilled Nursing Facility if that benefit in included in this Document ) up to $50 for each covered inpatient admission or conditions for which outpatient services are payable. D. CARE FOR CONDITIONS OF PREGNANCY 1 . Basic Benefits will be provided for Normal Delivery, Cesarean Section and other Complications of Pregnancy for. active employees and their spouse. Only complications of pregnancy will be provided for Retirees and their spouse. 26 2. Hospital charges for routine nursery care of the Newborn will be covered if the mother is the Subscriber or spouse. 3. No benefits will be provided for dependent daughters. E. ACCIDENT .BENEFIT 1 . If the Participant or Family Member is injured accidentally while covered under this Document, supplemental benefits up to $500. 00 for active Employees anal $300.00 for Retirees will be provided for any one Accident to pay Usual , Customary and Reasonable Charges for the following services INCURRED WITHIN 90 DAYS OF THE ACCIDENT, when these services are not covered in full by other Basic Benefits. a. Professional medical or surgical treatment by a licensed Physician. b Necessary services furnished and billed by a Legally Operated Hospital , except for blood and blood plasma and personal expenses. C. Services of a Registered Nurse not related to the Member by blood or marriage. d. X-rays and laboratory examinations. LIMITATIONS OF ACCIDENT BENEFIT THIS BENEFIT WILL. NOT BE: PROVIDED FOR ANY INJURIES ARISING OUT OF' OR IN THE COURSE OF EMPLOYMENT; PTOMAINE POISONING, DISEASE OR INFECTION (EXCEPT INFECTION OCCURRING FROM AN ACCIDENTAL CUT OR WOUND); EYE REFRACTIONS OR FITTING OF EYEGLASSES; OR AN INTENTIONALLY SELF-INFLICTED INJURY. 27 5340 PART' X MAJOR MEDICAL A. The term "Major Medical " as used herein means only those services and supplies listed below, and only to the extent that they are not provided elsewhere herein. Services and supplies . when provided or billed by any hospital or any Skilled Nursing Facility, nursing or convalescent home in connection with bed-patient care, shall be specifically excluded. To be eligible for Major Medical , it will be necessary that such be furnished while the patient is covered hereunder in connection with diagnosis or treatment of any illness, disease or accidental bodily injury, and be authorized by a licensed Physician or Surgeon and for only as long as such authorization is given. Upon receipt of due notice and proof that the Participant or Family Member shall have incurred expense for Major Medical , benefits will be provided as follows: 1 Such expense must be incurred on or after the Participant 's or Family Member's Effective Date of coverage hereunder, or, in the event such person is already hospitalized prior to such Effective Date, such expense must be incurred subsequent to the date of discharge from the hospital. An expense will be considered to have been incurred on the date that the individual receives the services for which the charge is made. 2. Payment for such services shall be based upon charges not exceeding the Usual , Customary and Reasonable Charges for- such services in the community. 3. The Participant or Family Member will be responsible for the first $100. 00 of expense incurred in each calendar year for Major• Medical after becoming eligible for benefits hereunder. However, no family shall be required to satisfy more than an aggregate maximum deductible of $300 during any one Calendar Year. Any expense for Major Medical incurred in connection with an illness, disease or injury during the last calendar quarter of any year and applied against such deductible amount for that year shall be carried forward to apply against the deductible amount for the ensuing year. Also, if the Participant and/or• one or more Family Members shall suffer a bodily injury as a result of the same Accident, the aggregate deductible amount applicable to all said persons, in connection with total expense for Major Medical incurred for such Accidet, shall be $100.00 for that year in which the accident occurs. Separate deductibles will be required for other• than the first year unless such accident occurs during the last calendar quarter of the year. In this event, the above stated provision 28 relating to the carrying forward of expense incurred to the ensuing year will apply, and moreover, the provision relating to the aggregate deductible amount applicable to all said persons will also apply for the ensuing year. Effective 1-1-85, the individual deductible had been increased to $125 and to $375 per family. Deductibles are calculated on a calendar year basis. 4. Stop-Loss a. Other than Mental Disorders: When expense incurred by the Participant or Family Member for Covered Services and Supplies, EXCEPT FOR MENTAL DISORDERS, exceeds the Deductible Amount, benefits will be provided at 80% of Usual , Customary and Reasonable Charges for those Covered Services and Supplies which exceed the Deductible Amount until total paid Major Medical benefits during the Calendar Year reach $1 ,600. For the remainder of the Calendar Year, benefits will be provided at 100% of Usual , Customary and Reasonable Charges for Covered Services and Supplies. b. Mental Disorders: For in-patient psychiatric care benefits will be provided at 50% of Usual , Customary and Reasonable Charges. C. Out-Patient Pre-Hospital Admission Testing: For required medical testing done on an out-patient basis prior to admission to a hospital , benefits will be provided at 100% of Usual , Customary and Reasonable charges. d. Out-Patient Surgery: For surgery requiring the use of hospital surgical facilities, surgical centers or other- surgical facilities affiliated with an accredited hospital which satisfies the definition of hospital under this Plan Document, AND THE PHYSICIAN'S CHARGES FOR THE SURGICAL PROCEDURE, benefits will be provided at 100% of Usual , Customary and Reasonable charges. 5. The Participant or Family Member who has received at least $1 ,000.00 of benefits hereunder may apply for reinstatement of maximum benefits by furnishing evidence of good health satisfactory to Claims Administrator. However-, notwithstanding the above, the Participant or Family Member who has incurred expense hereunder which has been charged against the aggregate maximum of $1 ,000,000.00 shall automatically have reinstated toward such maximum as of the last day of each Calendar Year an amount of up to $1 ,000.00. 29 5840 6. Eligible services and supplies are: a. Professional services rendered by a licensed Physician or Surgeon. b. Professional services rendered by a licensed Physician or Surgeon or doctor of dental surgery for treatment of a fractured jaw or other accidental injury to natural teeth, providing that injury occurs while the patient is covered hereunder. Such services will be covered only during the six month period immediately following the date of injury. C. Professional nursing services of a registered graduate nurse, other than one who ordinarily resides in the Participant 's home or who is related to the Participant by blood or marriage. d. Administration of anesthesia by an anesthetist. e. X-ray, radium and radioactive isotope therapy. f. Services of a licensed physician or surgeon, or a registered physical therapist, in connection with physical therapy treatments, other than one who ordinarily resides in the Participant 's home or who is related to the Participant by blood or marriage. g. Diagnostic X-ray and laboratory tests for treatment of illness or Accident h. Services of a licensed ambulance company for- local ambulance services to or from a hospital or Skilled Nursing Facility. i . Drugs or medicines directly related to treatment of an illness or injury, including contraceptives, which require a written prescription and dispensed by a licensed pharmacist or licensed Physician or Surgeon. j. Artificial limbs or eyes, casts, splints, trusses, braces, crutches, including rental of wheelchair, hospital --type bed or iron lung required for treatment up to a maximum charge of not to exceed the purchase price of the equipment used. These supplies will be limited to those reasonable required by standard treatment practices for illness, disease or injury occurring while the patient is covered hereunder. Convenience or comfort items are not covered. k. Blood transfusions, including cost of blood and blood plasma. 1 . Services and supplies furnished and billed by a 30 �I Legally Operated Hospital , except personal services such as charges for radio, telephone, television and the like, and private room charges exceeding the most prevalent rate of the hospital for semi -private (two- bed ) accommodations. 7. If these services and supplies are furnished by a Hospital , the Claims Administrator reserves the right to make payment directly to the hospital for• any eligible charges. B. Care for• Conditions of Pregnancy 1 . Benefits will be provided for Normal Delivery, Cesarean Section and other• Complications of Pregnancy for• active Employees and their• spouse. Only complications of pregnancy will be provided for• Retirees. 2. No benefits will be provided for dependent daughters. C. Chiropractic and Physical Therapy Guidelines 1 . Benefits will be provided as follows. 3 times a week for the first month of treatment 2 times a week for• the second month of treatment 1 time a week for• the third month of treatment time a month for the fourth month and thereafter 2. These guidelines my be modified on an individual case by case basis pursuant to .the recommendation of the Medical Advisor. D. Treatment by a California licensed certified .acupuncturist will be covered to the extent that treatment is for pain associated with injury or• illness. 31 5840 PART XI TERMINAL BENEFITS A. Should a Participant or Family Member be totally disabled at the date of termination .of coverage and be under treatment of a Physician, the services and benefits set forth in this Document shall be furnished to the e::,:tent such services and benefits relate directly to the condition causing such total disability and for• 'no other condition, illness, disease or- injury. Terminal Benefits shall be provided only when written certification of the total disability and the cause thereof has .been furnished by the attending Physician within 90 days from the date coverage is terminated under this Document. Proof of continuation of total disability shall be furnished to the Claims Administrator not less frequently than 90-day intervals during the period that terminal benefits are available. B. Terminal benefits for total disability shall be provided: 1 . Up to a maximum period of 12 consecutive months, or 2. Until the maximum amount of benefits has been paid, or S. Until the total disability ends, whichever occurs first. C. For the purposes of this benefit, the Employee shall be considered totally disaled when, as a result of bodily injury or disease, such Employee is unable to engage in any employment or occupation for which he or she is or becomes qualified by reason of education, training or experience and not, in fact, engaged in any employment or occupation for wage .or profit. A Family Member shall be considered totally disabled when such Member is prevented from performing all regular and customary activities usual for a person of that age and family status. D. Terminal Benefits for total disability shall not be provided if the Participant is required to pay the whole or any part of the subscription charges required under the terms of this Document and such Participant ceases to pay such premiums while this Document is in effect. 32 PART XII FEE SCHEDULE FEE SCHEDULE (RV 74) To determine the maximum 'allowance for any service, the Ref at i ve Value Units indicated below will be multiplied by the value of each Unit as previously designated. The Units appearing in the Anesthesia column represent basic values. To these will be added Time Units representing the actual time spent administering the anesthesia. Time Units will be based on one Unit for each quarter hour or major part thereof. UNITS Sur•g. Anes. ABDOMINAL_ Appendectomy 5.8 5 Cholecystectomy 8.2 6 with common duct exploration 10.5 7 Colectomy, with anastamosis 12.0 6 with colostomy 13.5 6 Esophageal hiatus hernia repair, transabdom i na l 11. 5 7 Esophagogastroduodenoscopy 2.9 4 with biopsy 3. 3 4 Gastrectomy, subtotal 12.0 7 total 16. 5 7 Gastrorrhaphy suture of perforated gastric ulcer, wound or injury 8. 3 6 Her•n i op 1 asty Her•n i or•rhaphy Her•niotomy: Inguinal , unilateral over age 12 5.6 4 bilateral over age 12 8. 3 4 Umbilical , age two to 12 years 4.8 4 age 12 and over 5.5 4 Labar•otomy, exploratory, if done alone 6.5 ; Paracentesis, initial 0.5 0 Splenectomy 10. 0 7 BLOOD VESSELS AND HEART Aorto--femoral bypass graft, unilateral 16.5 12 bilateral 20.0 12 Carotid Thromboendarter•ectomy 15.0 6 Coronary artery bypass using saphenous vein on two arteries 32.0 1 on three or more arteries 38.0 15 33 5840 UNITS Surg. Anes. Injection of sclerosing solution into vein of leg, one 0. 15 0 two or more injections, same leg 0.25 O Ligation, division and complete stripping of long and short saphenous veins unilateral 5.0 3 bilateral 7.5 3 Permanent pacemaker insertion with transvenous electrodes 7.0 6 BONES, JOINTS AND RELATED STRUCTURES Arthr•oscopy of knee, with or without biopsy 4.0 3 Ar•thr•oscopy of knee of biopsy only 6.7 3 with ,Joint exploration for removal of loose bodies 7.3 3 for excision of semi -lunar cartilage (meniscectomy) 8.9 3 Arthrotomy of wrist for biopsy only 3.6 3 with ,join exploration for removal of loose bodies 4. 1 3 for synovectomy 5.8 3 Excision, wrist ganglion 2.7 Excision, Morton' , Neur•oma, single 2.3 3 multiple, same foot 3.3 3 Joint replacement -- "total hip" replacement 26. 0 7 Scoliosis correction, Harrington rod technique 33.0 8 Spinal fusion (arthrodesis) requiring i 1 i ac or other autogenous bone graft. 18.5 7 BREAST Excision of cyst or other benign tumor., unilateral 2.9 3 bilateral 4. 0 3 Incisional biopsy of breast 2.3 3 Mastectomy partial , unilateral 3.9 3 bilateral 5. 2 3 simple, complete, unilateral 5.2 4 bilateral 7. 7 4 34 UNITS Surg. Antis. modified radical , unilateral 10.5 4 radical , unilateral 12. 0 4 CHEST Br•onchoscopy, diagnostic 2. 4 5 with biopsy 3.2 5 with. foreign body removal 3.2 5 Diaphragmatic hernia repair tr•ansthorac i c 11 .0 12 Lobectomy, total or• segmental 15.5 11 Needle biopsy, lung or pleura 0.65 0 Pneumonectomy 18. 0 11 Throacentesis 0.45 0 Thoracoscopy, diagnostic, with or without biopsy 2.4 4 Thoractomy, limited with biopsy of lung or pleura 5.5 11 major with exploration and biopsy 7. 1 11 Wedge resection of enucleation of lesions) 12. 5 11 EAR, NOSE AND THROAT Adenoidectomy 1 .8 4 Antrum puncture with lavage, unilateral 0. 25 4 bilateral . 4 4 Laryngoscopy, direct, diagnostic (except newborn ) 1 .9 4 with biopsy 2.7 4 with removal of tumor• 3.8 4 Nasal polyp, excision, single 1 .0 A. extensive, requiring hospitalization 2. 7 4 Sinusotomy, maxillary, intranasal , unilateral 2.6 4 bilateral 3.8 4 Radical (Caldwelll-Luc ) , unilateral 7.7 4 bilateral 11.5 4 Stapedectomy, with reestablishment of ossicular• continuity 13.0 5 Submucous resection, nasal septum 5.0 4 Tonsillectomy and adenoidectomy, under• 12 years 2.4 4 35 , 5840 UNITS Surg. Anes. over 12 years 2. 7 4 Tracheostomy 3. 1 6 Tympanoplasty without mastoidectomy .13..0 5 EYE Cataract removal , unilateral 11 .0 8 Chalaaion, excision, single 0.65 4 multiple, same lid 0.85 4 multiple, different lids 0.9 4 Corneal ulcer-, cautery 0. 8 4 Dacryocryoeystorninostomy 7.8 4 Lacrimal Grand, excision 6. 7 4 Nasolacrimal duct stenosis, probing, unilateral 0.35 4 Pterygium, excision, without graft 3.4 4 Retinal detachment, repair by sc l er•a l buckling 15. 0 8 Prophylaxis, cryotherapy or laser 5.8 4 Strabismus correction, one or both eyes, one or two muscle procedure 7.9 4 FRACTURES (SIMPLE, CLOSED REDUCTION) Clavicle 1 .8 3 Femur, shaft 5. 3 3 proximal end 6.3 3 Finger 1 . 1 3 Forearm: Radius, distal (Collies type ) under- age 12 2.0 3 age 12 and over 2. 7 3 Radius, shaft, under age 12 2.5 3 age 12 and over 2.9 3 Radius and ulna, shaft, under age 12 3.3 3 age 12 and over 4.0 3 Legs: Tibia, distal 2.3 3 Tibial , shft, under age 12 3.3 3 age 12 and over 4.0 3 Tibia and fibula, shaft under age 12 4.2 3 I age 12 and over 5. 8 3 36 LINITS Surg. Anes. --ma11eoIar 3. 2 .3 Tr• i -•ma l 1 eo l ar• 4.0 3 Toe 0. 65 3 The amounts shown are for• simple closed reductions. If the fracture requires an open operation, an additional allowance will be made. GYNECOLOGY AND OBSTETRICS Barthlin 's cyst or abscess, incision 0-.6 3 mar•sup i al i zat i on 2.2 3 Cervix: Local exicision of lesion 0. 4 3 Cauterization, electro or cr•yocautery 0.4 0 Cesarean Section 7. 9 6 C:ystoce 1 e repair 4•.7 4 Dilation and curettage, diagnostic or therapeutic, non maternity 2. 7 3 for• therapeutic abortion 3.7 3 Ec topic pregnancy, requiring salpingectomy or salpingostomy 8.3 6 Hysterectomy Abdominal , with or• without tubes 'and/or ovaries 10.0 6 Vaginal , with cystocele and/or• rectocele repair 10.5 5 Labparoscopy, diagnostic 3. 8 5 with biopsy 4.6 5 Rectracel a repair• 3. 7 4 Tubal ligation, abdominal or• vaginal approach 5.6 5 after• delivery, same hospitalization 4.3 5 by laparoscopy 4.6 Vaginal repair, including cystocele and rectocele 6.4 4 MALE GENITAL SYSTEM C i r•cumc i s ion, clamp procedure, newborn 0.4 0 except newborn, hospital 1.2 3 Hydr•ocele, excision, if done alone, unilateral 4.6 3 37 5840 UNITS Surg. Anes. bilateral 7. 1 3 Needle biopsy, prostate 1.0 3 Orcn i opex:y, with or without hernia repair, unilateral 6.7 4 bilateral 10.5 4 Prostate, tr•ansur•ethral resection, including vasectomy, complete care 11.5 Prostatectomy, perineal , subtotal 11 .5 6 perineal , radical 15. 0 6 r•etr•opub i c 11 .5 6 suprapub i c, one or two stages 11 . 0 6 Var• i cocel e, e::<:c i s i on unilateral 4. 7 3 Vasectomy, unilateral or bilateral 2. 1 3 NERVOUS SYSTEM Brain cyst, neoplasm or abscess, excision: supratentorial 20. 0 11 Burr holes only for evacuation of e:x:tradura l or subdura l hematoma 14.0 9 Decompression and neurolysis of median nerve at carpal tunnel 5.0 3 Injection procedure for myel ography 1 .3 4 for discography 1.8 3 Lumbar l am i nectomy for herniated inter•ver•tebr•al disc, unilateral , one interspace 13.5 7 Spinal puncture, diagnostic 0. 4 0 RECTAL. Abscess, . ischior•ectal and/or per• i r•ec to 1 , incision and drainage 1. 4 3 perianal , incision and drainage . 0.35 3 Colonoscopy, beyond splenic flexure 4.2 4 with one or more biopsies 4.6 4 Colonoscopy, beyond 25 centimeters and below sp1enic flexure 2.9 4 with one or more biopsies 3.3 4 F i ssur•ectomy, if done a'l one 3. 1 3 Fistulectomy, or fistulotomoy, subcutaneous 1 .7 3 submuscular• 5.6 3 Hemorrhoid, enuc 1 eat i on of external thrombotic 0.45 3 38 UNITS Surg. Anes. Hemorrhoidectomy, internal and external 4.5 3 Proctectomy, complete, combined abdominoperineal , one or two stages 15. 5 7 Proctosignmoidoscopy, diagnostic 0. 4 4 with biopsy 0. 75 4 THYROID Adenoma, excision 6.2 5 Parathyroidectomy or exploration of parathyroid 11.5 6 Thyroglossal duct, cyst or sinus, excision 7.2 5 Thyroidectomy, subtotal or partial 8. 9 6 total or complete 97 b TUMORS AND CYSTS Parotid tumor, removal , superficial 3.8 4 Parotid gland excision, total , with preservation of facial nerve 11.0 6 Pilonidal cyst or sinus, excision, simple 1.3 4 extensive 4. 6 4 Skin lesions (surgical allowances include local anesthesia ) Benign lesions of skin and excision, single,. depending on size and area 0. 4 to 0.8 3 Cauterization or fulguration of local lesion, single, small , depending upon type of method and lesion 02 to 0.35 3 Malignant lesions (e.g. Basal cell carcinoma ), excision, single, depending on size and area 0. 8 to 2.7 3 Sebaceous cyst, incision and drainage, excision: refer• to benign lesions 0.45 3 Skin tags, excision, multiple up to 15, any area 0.3 3 URINARY SYSTEM Cystoscopy, office, diagnostic 0.65 0 39 5840 UNITS Surg. Anes. with ur•eta 1 catheterization 0.9 0 hospital 1 .2 3 with ureteral catheterization 2. 1 3 with removal of stone from bladder or urethra 2. 3 3 Nephr•ec tomy 11 .5 E, Pel v i of i thotomy with removal of calculus 11 .5 b Ureter•ol i thotorny, upper• or• lower third of ureter 11 .5 5 middle third of ureter• 10.5 5 X-RAY OR RADIUM THERAPY X-ray or• radium therapy in lieu of sur•ger•y for• malignancies, neo- p last i c disease or• fore postoperative care for• malignancies.. Pre Treatment Allowance: Superficial or• low voltage 2.0 Supervoltage including cobalt sources 5.0 40 PART XIII ADMINISTRATION OF THE PLAN A. Appointment of the Claims Administrator The City shall appoint a Claims Administrator who shall handle claims under Plan in accordance with its terms. The person, persons or entity serving as Administrator shall serve at the pleasure of the City. S. Powers of the Claims Administrator• The Claims Administrator shall have such powers as necessary for the proper• handling of claims for benefits under the Plan, including, but not limited to, the following: 1 . To prescribe procedures to be followed by participants in filing applications for benefits and for furnishing evidence necessary to establish their rights to benefits under the Plan; 2. To find facts and make determinations as to the rights of any Participant applying for or receiving benefits under the Plan and to afford any such Participant dissatisfied with any such finding or determination the right to a hearing thereon; 3. To make benefit payments directly to Participants and/or their assignees entitled to benefits under the Plan; 4. To obtain from the City, Participants and others, such information as shall be necessary for the proper administration of the Plan; i O. To keep records regarding the administration. of the Plan; 6. To furnish to City upon request such data with respect to the administration of the Plan as is reasonable and appropriate; and 7. To collect, evaluate, analyze and prepare statistical and other data with respect to the administration of the Plan. The Claims Administrator• shall have no power to add to or subtract from or to modify any of the provisions of the flan, to change or add .to any benefit provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under the Plan. No determination of the Claims Administrator in one case shall create a basis for retoractive adjustment in any other case. 41 5840 C. Claims Procedure The Claims Administrator shall be required to give written notice to any Participant who makes a claim for the commencement or continuation of benefits under the Plan which claim is denied Such notice shall be sent to the Participant 's last known address. The notice shall be send forth the specific reason or reasons for the denial of the claim and shall include a specific reference or. r•eferences to pertinent Plan provisions upon which the denial is based, a description of any additional material or information necessary for the claimant to perfect his claim, which description shall indicate why such material or information is needed, and an explanation of the Plan's claims review procedure. 0. Appeal Procedure In the event that the claim is denied and the claimant lushes to appeal his claim's denial , he or his duly authorized representative shall file a written request for a review, which request must ,be made within 60 days of the receipt by the claimant of the notice of his claim's denial . The claimant or his representative my review pertinent documents relating to the claim and its denial and may submit issues and comments in writing to the Administrator who shall make a decision on the merits of the claim as 'soon as practicable but not later than 120 days after receipt of a request for review. The decision on review shall be in writing and shall include specific reasons therefore and specific references to the pertinent Plan provisions on which the decision is based. In the event the claimant is dissatisifed with the Administrator 's final decision, the claimant may request that the claim file be sent to the City's Medical Review Advisors. The claimant shall indicate in writing the reason or reasons for disagreement with the Admd i n i str•ator• 's decision and shall submit such written materials to the Administrator. The entire file shall be transmitted to the Medical Review Advisors by the Administrator along with any additional written materials submitted. by the claimant. The Medical Review Advisors shall review the file and render a written decision on the claim to the claimant and the Administrator and there shall be no futher• appeals, E. Limitation of Liability The Claims Administrator shall be entitled to rely upon . information from any source in good faith to be correct. 42 PART XIV DURATION AND AMENDMENT OF THE PLAN A. Permanence of the Plan The Plan shall continue in full force and effect unless terminated, modified, altered or• amended by the City as provided in the article. Although the City has established the Plan with the bona fide intention and expectation that it will be able to make contributions indefinitely, nevertheless the City is not and shall not be under• any obligation or• liability whatsoever to maintain the Plan for• any given length of time. The City may, in its sole and absolute discretion, discontinue or• terminate the Plan in accordance with its provisions at any time without liability whatsoever• for• such discontinuance or termination. B. Right to Amend The City reserves the right at any time and from time to time to modify, alter•, or amend, in whole or• in part, .any or• all of the provisions of the Plan, provided, however, that no such modification, alteration or• amendment which substantially increases the duties, obligations or• liabilities shall be made without the consent of the appropriate party. Notwithstanding the foregoing, any modification, alteration or• amendment of the Plan may be made retroactive to the Effective Date if necessary or• appropriate for the Plan. 43 5840 PART XV ADMINISTRATIVE PROVISIONS A. No Limitation of Management Rights Participation in the Plan shall not lessen or otherwise affect the responsibility of an Employee to perform fully his duties in a satisfactory and wor•kmanklike manner, nor shall it affect the City's rights to discipline, discharge, or take any other action with respect to an Employee. G. Participant 's Responsibilities Each Participant shall be responsible for providing the Claims Administrator with his current address. Any notices required or permitted to be given hereunder shall be deemed given if directed to such address and mailed by regular United States mail . Neither the Claims Administrator nor the City shall have any obligation or duty to locate a Participant. In the event a Participant becomes entitled to a payment under the Plan and such payment cannot be made ( i ) because the current address referred to above is incorrect, ( ii ) because such Participant fails to respond to the notice sent to the current address referred to above, ( iii ) because of conflicting claims to such payment, or ( iv ) because of any other reason, the amount of such payment, if and when made, shall be that determined under the provisions of the Plan without interest thereon. C. Missing Person If , within five years after any amount becomes payable hereunder to a Participant the same shall not have been claimed, provided due and proper care shall have been exercised by the Claims Administrator in attempting to make such payment, the amount thereof shall be forfeited and shall cease to be a liability to the City. D. 'Governing L.a►ai The Plan shall be governed by and construed in accordance ►=pith the federal laws governing employee benefit plans, and in accordance with the laws of the State of California where such laws are not in conflict with the aforementioned federal laws. I 44 ad* 00 L0 t y ADVANTAGES - HOW IT WORKS ' { �'� I WHO ARE PM{ MEMBERS { ` NO CLAIM FARMS—The dental location When you enroll in PMI,select a Participating ; YOU choose provides all dental services.No Dental Group from the list of officesenclosed; i People`lust like yourself. Many employers, PREPAID claiim,farms are needed. This location is now the center for air of your unions and organizations throughout Califw dental needs. nia now make PMI available to their employ- 0 NO DEDUCTIBLES—In our plan there are { ees. Some of these companies, unions and DENTAL CARE After you have enrolled,you will receive from { organizations are: /� A■R no rtequfred deductibles,so)sour benefits PMI a brochure that fully describes the benefits begin immediately! of your dental planes ureliasa PMI membership } 1. Rohr Industries,Inc. PROGRAM card. This card will have the address and tele- 1 2. San Diego State College • NO DOLLAR LIMIT OF DENTAL phone number of your PMI pane.dentist.You I 3, Aerojet-General Corporation BENEFITS--No annual maximum. simply call to make an appointment to receive { 4. McDonnell Douglas Corporation PROVIDED THROUGH all necessary dental care covered by the plan. 5. Lockheed Corporation ` NO PRE-EXISTING CONDITIONS Remember to always contact your selected 6. California State University RESTRICTED—These conditions are not dental provider.DENTAL SERVICES WHICH 7. State of California excluded in a PMI plan.Exception; ARE NOT PERFORMED OR AUTHORIZED 8. FMC t /nprtoceas w0tiodontia. BY PMI WILL NOT BE COVERED BY PMI. 9. Hydraulic Research { Changes in dental facilities can only be done j 1 , ROLM Corporation at an annual o 11 Weber Aircraft S PMI re QUALITY REVIEW OF DENTAL pen enrollment period, unless PROVIDER—On-aft audit of participating authorized by PMI for good reason.The trans- i dental location to insure that certain fer would then take effect on the first of the I W month following written notification from _ standards tit quality ere rnaimarrred. the subscriber. E" sP£c1ALTY sERVICEs—PMi offers WHO CAN JOIN t W services in an dental specialties.These Eligibility for the benefits of this program have If you have any quest or irtCkrde periockrnUcs(treatment!of diseased need additional information,Call been established for employees of the City of gums and bone),endociontim(root canal Huntington Beach. TOLL FREE FOR W itrerapy),end oral surgery procedures. If you meet your company's eligibility (800)422-4234 No.Calif. requirements for dental coverage you can join (800)325.4529 So.Calif. ELIGIBLE EMPLOYEES • ORTHODONTIA—Available et a greatly PMI.You can also enroll your eligible dependeMs, i or reduced tee lawful spouse and unmarried dependent children OF (including stepchildren and legally adopted { (213)493.6661 • EMERGENCY SERVICES—As a member children)except any children 19 years of age or or write CITY OF over who are in full-time employment. PMI I you are eligible for emergency treatment. HUNTINGTON BEACH CaN your selected participating dental since sere are no bereft for serener anesthesia or for routine 5122 Kate118 Ave.,Suits 206 provider to receive the necessary dental proceduresdoreoutsdeyourassgnedpanetafttce,tamve Los Alamitos,CA 90720-2804 Cara.Members are also covered for with members with unique physical or simotional conditions should contact PMI for specific in6miabon on benefit MUNICIPAL EMPLOYEES ASSOCIATION out-of-area dental emergencies This limitations before deciding whether to enroll in the Pill POLE pFRCERS ASSOCtXT1ON program wo pay dental expenses incurred Program i UP 10 a maximum of$10D.00 during each 12 Conditions which might prevent utduation of Pmi dental : POLICE MANAGEMENT ASSOCIATION calendarmor#hs. "Out of Area"means 35 benefits would include miles or more from your PM/dentist's office. 1..physical or emotional resistance or energy to all commonly utilized local anesthetics. i 2.extremely contagious diseases which might endanger d the staff and patents of a typical general denestry iffkC and NOTE 3, seve.medical problems which would make dental This is only a brief summary of the.plan.The health Plan SUMMARY PLAN DESCRIPTION + therapy at a typical general dentistry Olt"unwise. contract must be consulted to determine the exact terms and conditions of coverage.An Evidence of Coverage will be sent to you upon receipt of your enrollment card fl/ail ,�st t i i I- 0 00 d- to DESCRIPTION OF BENEFITS Culture canal No Cost SUMMARY OF LIMITATIONS DENTAL'HEALTH PLAN Roe canal therapy(per.canal} .No Cost" Afrdrrted.ith ikhs 0."RM, AND CO-PAYMENTS Roc amputation . .i No cost I.Prophylaxis limited to 2 treatments in my 12 These services are performed as needed and deemed 'm and filling canal ... No Cost coruscubw moons. T Apicoactomry on separate appointment No Cost , necessary by your attending PMI P"Demo subject to REST(WT1VE DEKMTRY 2.Full upper and/or fewer dentures are not to aimeed The eaalusbnm limitations and governing administrative Amalgam Restorations Primary Teeth one each any eo consecutive months from the lots procedures of the plan. Cavities involving 1 tooth surface ..........No Cost filet made under"plan.Replacement we be mum Cavities iriwtvmg 2 tootle surfaces ...:....tks Cost provided by PLO bran existing tfershure a bridge A NEW APPROACH VISITS AND DIAGNOSTIC PAYS i!�n9 3 or mare torts surmoea No cost a o„y it K is unsatisfactory«nil rx+„h>Qa be mile T O DENTAL CARE Oral � f)non/ Ifice vast ..No Cost Amalgam Restorations Permanent Teti, satisfactory by ewher MUM or repair. Emergency treatment,palliative No Cos Cavities wwotvahp 1 tooth surfer .No Cast Specialist consultation ...No Cost Cavities involving 2 tooth surfaces ...... No Coat , s Partial dentures we not to be^>r> witfniti any vrafity testa.. .......... No Cost Cavities irWvng 3 or mare tooth surfaces..,No Cast eo consecutive month period unless necessary due PROPHYLAXIS AND FLUORIDE TREAIVEMS Silicate,Acrylic,Plastic Restorations to natural tooth loss where the addition or PM I offers you an alternative way to P'ophylexis_2 treatments No Cost SAsc� ceiment min No Cost replacement d ttseth to the eadating partial is not per any 12 month period..: g :N Cal provide you and your family's dental Topical Fkxxide-to age 18 only..............No cost Pn build-up................... care needs— economically and con- ROENMENOLOOY C"� No Cost +'Denture refines Ifmitsd '° the during any re venlentl y Full mouth x-rays or Panorex nc wth mites No Cost consecutive months. Add Single -gry 2 yes•• ..No CCost A lain .No Cost &Five periodontal treatments during any 12 x-ray Porcelain wan metal. .No Cost consecutive months. • As a member of PMI, you will .......No Cost up to and including 13 f lms ....No Cost Gob unsay o 314 crown .No Cost & aim-wing x-rays smiled to not more Man one aeries _ receive coordinated, continuous and Bse•wnng x-rays-not more Man 1 series st.tin sleet(primary) .No Cost of 4 films In any sk month period. ^ accessible dental care in a manner of 4 films in any six morns period ......No Cost stainless a"(permanent) .No Coe 'O hntra-oral,occlusal view, Removable acrylic space mtamtarner No coot 7. Full mouth x taya limited Io one ea every 24 that is personal,warm and efficient. maxifary or mandibular. .. .......No Cost Fixed fir post ,band ripe ,No t;� consecutive . rE•+ Extractions uR� i Dowel uildd-up. No Cost S. Fixed bridges wa be towered only when a partial PMI has contracted with a network of r local a esthet � ) ..No Coe PROSTHETCS txresc tf Nporiy reatoe the owe. '-" private dental offices throughout the surgcel extractions No cost PoMica x O state of California. As a member of (sutures).``° ._No Cost Tru pon!x type... No Cost WPMI you select from any of these 11"Removed d tooth lit tissue) ..No Coat Porcelain pper to tal gold........ .......:No Cost dental locations and go to the office for Removal of towh(Partially bony) ,No Cosh Dentures d bot h oth(completely bony) .No Cost denture all of your dental care needs. This of ofal tissues .. .No Coe Mandibular re .No�' SUMMARY OF EXCLUSIONS network of dental offices is composed Amo ry edentulous per quadrant No coat Partial uppernower(each) ..... ........No cost Of ' established dental grOUps—not Alveolectionny Palista aid ridge extension per arch ..N C Stress breakers,per unit .No Cod I.Coamoft dental tom• clinics. We have found that most Mandibular fond........ .....No Coe Tom+'aria pas unit .:, too rose 2.Any condmori ll rwhich benatits are recovered o Denture and partial adjustments No'Cwt people feel more secure and comfor• FLocal nesthabcs.. :. No Cost Denture and partial repairs .:: No Cost under any Worker's compensation or table if the same dentist continues t0 anal eanesthesiathetics.rot extractions o.. end......No Cow Addng 'to existing partial or denture .No Cost °°eupaaonal disease law.to the extent of was only when for necessary.. No Coat Ofhce refine .. No Cat benefits (exoept " regular benefits will be •. . Laboratory refine No Coe Pv*AdW it PMtreat them personally. PERIODONTICS 2r Tissue conditioning.2 per denture............No Cost Compensation or otheir ry� a Emergency triantnnent(periodontal abscess Recerr atio n f-after reading the following material acute per,odwnntis,etc.)..... ....No Cost Inlay .... . No Coe 3. Hospital charges of any kind. you'decide that the PMI dental plan is Subgingival wmetage, Crown.. .No cost for you—fill out the enclosed enrol• (ram ptann9 Per quadrant) •. st Bridge .......... ....... ..........No Cost 4.Major surgery d hacures and dislocations, Gngiv�omy.per quadrant.............. No Co No Cost ORTHODONTIA(excludingp$M.00 start-up Nei)) G Loss or theft of dentures a bridgework. Iment card and join thousands of Gangnrectomy,per tooth Fhb banded case Includes adult coverage)...s500.0 satisfied PMI members. ((�lt r�ri 6 } No Cost G. Lost,sbkn.or fi n orthodontic appliances osseous or muootlingsvei surgery. FAILURE TO CANM APPOINTMENT ;t0A0" per Quadrant ....No Cost (24 tour prior notification)................. ENOODONTICZ EMERGENCY VISIT Pulp capping.............................No Cost After normal via"hours ....... $20.00 Pulpo err a rs weave uo" vitalPutt .. .. No Cost -PAN www rnb potomy ... NO cost Temporary flitting with CaOH... .....No Cast Ms'Pamir"not rare isrwNede on r kabrrvMcr toe. CITY OF HUNTINGTON BEACH 3561 j COMPARISON OF INDEMNITY PLANS (Reflects PERS 8/1/87 Changes) CURRENT PROPOSED CITY PLAN BENEFITS PERS MEDICAL - CWO CITY PLAN EMPLOYEES RETIREES Inpatient Hospital 100% PPO Hospitals- after 100% - No deductible 100% - No 80% after deductible deductible deductible 60% Non PPO Hospitals - after deductible 85% Non PPO Hospitals in areas without PPO Hospitals - after deductible Deductible $200 per person, $500 per family $125 per person, $150/$400 $200/500 maximum $375 family maximum Maximum Out of $2,000 (may be higher - policy $400 $550 $1,000 Pocket Employee unclear) Expense (Excludes Deductible) Accident Benefit None (covered same as other $500 $500 None Medical expenses) (Covered same as other expenses) Prescription Drugs Additional deductibles as follows: 80% after normal PCs PCs $4 deductible per prescription ($125/375) deductible $4 - $6 $4 - $6 for generic, $6 deductible per prescription for non generic Major Medical 85% PPO doctor - after 80% after deductible 80% after 80% after deductible deductible deductible 60% Non PPO doctor - after deductible � 80% X-rays, lab, etc.- after C) deductible EXHIBIT "G" UNIFORM POLICY A. General - The City, in accordance with agreements now established, shall furnish uniforms to those personnel designated by the various department heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Personnel - All employees categorized as field working assignees shall wear a standard City adopted uniform. Color selection is a light blue shirt and dark blue trousers with appurtenances as described below. Each Department Head shall determine which group of employees must wear a uniform. C. Basic Uniform Components and Standard Allowances: 1. Black safety toe shoes or boots as each assignment dictates. a) Two pair per year. b) Boots will be black, heavy duty and laced. c) Damaged shoes shall be turned into operating supervisor who shall authorize replacement or repair. 2. Five short-sleeved shirts (light blue) the first year, three the second year, and then alternate five uniforms with three uniforms in subsequent years. 3. Five trousers per year (dark blue) the first year, three the second year and then alternate five trousers with three trousers in subsequent years; trousers are to have no cuffs. 4. Dark blue jacket with removable liner, one per year. 5. Four City departmental patches. 6. Absolutely no allowance will be made for socks, underwear, etc. 7. Hard hats, foul weather gear, and steel-toed rubber boots to be furnished each employee with supervisor designated need. 8. Special hazard gloves shall be furnished with supervisor designated need. 9. Safety glasses and face shields shall be furnished with supervisor designated need. 10. Special uniforms shall be furnished. 11. Ear protectors, arm and shin guards, steel shoe caps, wood heat resistant soles, and other safety regulated equipment shall be furnished to supervisor designated employees. 12. R-1 safety vests shall be furnished all employees having occasion to work within travelways. 5840 EXHIBIT "G" (Continued) D. Employee Responsibilities: 1. To wear complete uniforms at all times. 2. To wear clean uniform. 3. To wash and provide minimum repair; i.e., buttons, small tears, etc. 4. To provide any alterations necessary including sewing on of City patches. 5. To not wear for other than City duties or work. 6. To notify supervisor of need to replace due to disrepair or severe staining producing an undesirable appearance. 7. To turn in all patches upon termination prior to receiving final check. 8. To turn in all uniforms upon termination. 9. To turn in all safety equipment upon termination. 10. To wear all safety equipment prescribed by the City safety officer and supervisor of the division. E. City Responsibilities: 1. To furnish funding for the agreed to uniform allowances. 2. To allow department heads to authorize additions to the basic allowances due to severity of work assignments and frequency of wearing out. 3. To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To make arrangements for the standard allotments to be of first line quality work clothing. 5. To maintain records of purchases. Forms for uniform requests will be provided by the Director of Finance. 6. To establish an expedient procedure for reimbursement to employees for uniforms purchased by employees. F. Department Head Responsibilities: 1. To direct and assure employee compliance with attire rules. 2. To inspect clothing requested to be replaced. 3. To determine wear frequencies for employees having needs additional to basic allotment. -2- 0621X/ 5840 EXHIBIT "G" (Continued) 4. To insist on replacements of deteriorated clothing with special attention to safety equipment and apparel. 5. To enforce q disciplinary program for repeated violations of employee regulations relative to cleanliness, uniform attire, or safety requirements. 6. To demand and confirm receipt of turn in required equipment upon termination. G. Purchases and Exceptions: 1. Clothing shall be purchased at only those outlets as directed by City, unless prior approval is obtained due to size, out of stock, or special type of clothing problems which exist. 2. Shoes or boots shall be purchased through standard outlets designated unless last creates discomfort or injury risk. 3. Safety glasses must be purchased only through designated outlet for City specified amount of dollars, with employee paying the cost for the examination by a private optometrist to obtain a prescription and cost of cosmetic lenses and frames. 4. All safety and foul weather gear shall be purchased by the City. 5. Uniform appearance: a) Patch to be worn above left shirt or jacket pocket. b) Pants to have no cuff. c) Worn with pride in appearance to public; i.e., shirt buttoned, shirt tail tucked in, etc. 6. Exceptions at discretion of Department Heads: a) Supervisors need not wear uniform; however, in so electing, must pay for their own clothing. b) Employees who have foot deformities or conditions which do not allow wearing of safety-toed shoes shall wear external caps affording equal protection. c) Additional patches shall be furnished to equip the special clothing over the basic allotments. 7. Disposition of Turned in Clothing - The City shall determine a procedure as to disposition of turned in clothing. -3- 0621X/ 5840 EXHIBIT "H" VEHICLE USE POLICY SECTION 1: PURPOSE The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City-owned vehicles as transportation for employees who engaged in official City business, to establish reimbursement procedures for privately-owned vehicles used for City business and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. SECTION 2: SCOPE These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. SECTION 3: POLICIES When necessary during the course of an employee's official duties, transportation or reimbursement therefor shall be provided by the City. In the event no City vehicle is available, the employee may use his personal vehicle with the approval of his department head. Employees authorized to drive either their own or a City-owned vehicle on official business must possess a valid California driver's license for the class of vehicle they will be operating. The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Administrator's Office upon approval of the City Council and administered by the department heads in accordance with the policies herein established. It is the responsibility of each department head to enforce the provisions of this regulation as it relates to the employees of his/her department. City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. SECTION 4: VEHICLE USE CRITERIA I. Assigned Vehicles: A. Assigned City Vehicles may be taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Administrator, Assistant City Administrator and Department Heads. 2. Emergency Response Units: a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. 5840 EXHIBIT "H" (Continued) b. Employees who are required to carry special emergency equipment in their vehicles which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside of regular working hours: Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following criteria: a. Mileage driven on official City business exceeds an average of 500 miles per month, or b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or C. Whose duties require the employee to be away from his or her base work station greater than 50% of his or her working time, on an average. B. City vehicles which shall not be taken home may be assigned based on meeting one of the following criteria: 1. Monthly mileage driven exceeds an average of 500 miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from his or her work station greater than 50% of his or her working time on an average. II. Reimbursement of Use of Personal Vehicles A. Executive Use. The City Administrator, Assistant City Administrator and Department Heads may, at their option, receive the automobile allowance as established by Resolution. B. Mileage Reimbursement. Employees, upon authorization of their department head, may use their own vehicles on official City business and shall be reimbursed at the rate of 230 per mile driven on official City business. 1. Employees shall submit monthly claims for reimbursement to the Finance Director through their Department Head on forms prescribed by the Finance Director. 2. Employees shall not be reimbursed for commuting to and from work g except that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. -2- 0355X 5840 EXHIBIT "H" (Continued) SECTION 5: INSURANCE REQUIREMENTS All privately-owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of $50,000 public liability for any one person and $100,000 public liability for all persons, any one accident. They must also be insured for $25,000 property damage and $15,000 for any one uninsured motorist and $30,000 for all uninsured motorists any one accident. A current certificate of insurance must be filed with the Finance Director. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained should contain the following current information. - Name of employee - Operator's license - Insurance company - Driver's license expiration date - Insurance policy No. - Insurance expiration date - Amount of coverage It shall be the department head's responsibility to insure that no privately-owned vehicle is operated on City business without insurance coverage and a valid operator's license as required by this regulation. Clarification on City Liability on Use of Private Vehicle In the event of damage to private vehicles while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to his automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first $100 of comprehensive and/or collision damages suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover such first $100 damage. The employee's insurance policy is considered as the primary coverage, and the City liability begins after the limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. -3- 0355X 5840 EXHIBIT I CITY OF HUNTINGTON BEACH Inter-Department Communication To: MUNICIPAL EMPLOYEES From: ROBERT J. FRANZ ASSOCIATION Deputy City Administrator Re: DENTAL COVERAGE Date: SEPTEMBER 30, 1987 City Sponsored Indemnity Plan (Delta) City Sponsored Pre-Paid Plan (PMI) As you know, we have two dental plans; an indemnity plan (any dentist) and a pre-paid plan (panel dentists). Employees may choose either of the plans. Roughly 50% of the employees are in each plan. We wish to review with the Association two problems that have developed on the dental plans. Problem 1 - For many years the carrier for both the indemnity plan and the pre-paid plan has been Private Medical Care on P.M.I. Last year Delta Dental, the nation's largest dental carrier, purchased P.M.I. and has a result, Delta Dental replaced P.M.I. as the indemnity plan dental carrier. There were several advantages to the City on the change. Coverage would essentially be the same, there would be better service, and in the area of orthodontia, we would no longer be confined to using the P.M.I. designated orthodontists. Delta, however, could not use the exact P.M.I. wording describing the orthodontia benefit (due to their agreement with participating dentists). P.M.I. Orthodontia Benefit: Up to $1,100 out of pocket expense to the employee Delta agreed to the following: 60% of expenses to $3,000. Also if any current covered individual undergoing orthodontia treatment would receive less than under the prior plan, it is agreed, on a case by case basis, that Delta will remedy. Eventually, however, this will be the new benefit. Problem 2 - Having to do with the P.M.I. orthodontia benefit. The pre-paid dental plan insured by P.M.I. goes back ten years. Pre-paid dental plans were in the infancy and the City's plan was one of the first such plans adopted. P.M.I. in preparing the original contract years ago, neglected to spell out the usual and customary restrictions on orthodontia; the two main restrictions being that the orthodontia coverage does not include so called "start-up costs" of $250 and coverage ceases after 24 month treatment plan. This original contract omission has caused constant problems over the years since the City's contract said one thing and the P.M.I. contract with their panel orthodontist said another. Recently, P.M.I. prepared a new contract to replace the old contract so as to up-date all the benefit changes, which also would facilitate preparation of employee booklets, etc. 5840 As part of the new contract, the orthodontia restrictions described above were included. This might be construed as a reduction in benefits, and therefore, we have been able to get P.M.I. to agree to the following benefit increases: 1. Coverage for general anesthesia is added at no cost for extractions when medically necessary; (prior to this was no coverage for general anesthesia). 2. Coverage for dowel posts and pin build-ups included at no cost. 3. Decrease the limitation on crowns, partials, and dentures five years to three years. 4. The present emergency benefit for out-of-area treatment is increased from $50 to $100. 5. The effective date of the orthodontia limitations and the above improvements to be 1/1/88. 6. The above change in orthodontia coverage not to apply to any individual undergoing an orthodontia treatment plan on l/1/88 until such treatment plan ceases. 3422j 5840 RESOLUTION NO. 5840 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of January , 1988, by the following vote: AYES: Council Members: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Council Members: None ABSENT: Council Members: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 5840