HomeMy WebLinkAboutCity Council - 6045 RESOLUTION NO. 6045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH MODIFYING BENEFITS FOR FISCAL
YEAR 1989/90 NON-ASSOCIATED EMPLOYEES
WHEREAS, the City Council desires to establish benefit changes for non-associated
employees for fiscal year 1989/90.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1. Benefits for Non-Associated employees shall be as reflected in
Exhibit "A", effective July 1, 1989.
SECTION 2. Any resolution in conflict herewith, whether by minute action or
resolution of the City Council heretofore approved, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
adjourned
regular/meeting thereof held on the 5 day of July , 1989.
_...ems
R
Mayor Pro-Tem
ATTEST: APPROVED AS TO FORM:
CONNIE BROCKWAY GAIL HUTTON �r
City Clerk •7- City Attorney 7 Z ��
REVIEWED AND A ROVED: INITIATED AND APPROVED:
E T J. FRA PAUL E. COOK
Deput City Admin' tr r City Administrator
EXHIBIT A
NON-ASSOCIATED EMPLOYEES
BENEFIT PROVISIONS
SECTION I
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
A. Non Associated employees shall be entitled to retirement benefits appropriate to
his/her class as defined in the contract between the Board of Administration, Public
Employees' Retirement System and the City Council of the City of Huntington Beach.
B. In the event a Non Associated employee 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 (non-associated employee), shall be payable by the CITY during the life of the
member, and upon that member's death, the CITY'S obligation shall cease.
C. Non Associated employees shall be reimbursed once every two weeks in an amount
equal to 7% of the employee's base salary (9 % for safety employees) as a pickup of the
employee's contribution or portion of such 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.
D. Each employee, eligible for service retirement, may have his/her PERS pickup
reported as compensation for all or any part of the twenty-four month period prior to
his/her service retirement date upon written request to the Finance Director. Such
modified reporting shall not be retroactive, shall be limited to a maximum period of
twenty-four months preceding retirement, and shall not modify the employee's base salary
for any purpose other than required by Federal and State law, (Government Code Section
20022).
E. Upon written request to the Finance Director, any elected or appointed
department head, eligible for retirement, may have his or her optional vehicle allowance
reported as compensation for all or any part of the twenty-four month period prior to his
or her retirement date. Such modified reporting shall not be retroactive, shall be limited
to a maximum period of twenty-four months preceding retirement, and shall not modify
the employee's base salary for any purpose other than required by Federal and State law,
(Government Code Section 20022).
SECTION II
INSURANCE
A. The CITY shall continue to provide group medical benefits to all non associated
employees with coverage and other benefits comparable to the group medical plan
currently in effect. The City Administrator is authorized to modify the benefits
described in this Section to reflect changes necessary to make benefits comparable to
those benefits provided other managers in the CITY.
B. The CITY will assume payment for dependent health insurance effective the first
of the month following the month during which the non associated employee completes six
(6) months of full time continuous service with the CITY. If the premium for the optional
Health Maintenance Organization (HMO) plan is more than the premium for the non-HMO
plan, the additional premium will be paid by the employee. 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.
C. The City's obligation to pay for health insurance premiums shall be limited to
Four Hundred Dollars ($400) per month for full family coverage.
D. Each non associated employee under age sixty-five (65) shall be provided with
$45,000 life insurance and $45,000 accidental death and dismemberment insurance paid
for by the CITY. Each employee shall have the option, at his or her own expense, to
purchase an additional amount of life insurance in the amount of $25,000 and accidental
death and dismemberment insurance in the amount of $25,000, $50,000 or $100,000.
E. The CITY shall provide a dental insurance plan comparable to Private Medical
Care, Inc. Plan, CXP 201. Said plan to cover the employee and his or her dependents with
total cost of plan to be paid by the CITY.
F. When a non associated employee is off work without pay for reason of medical
disability, the CITY shall maintain the CITY paid Insurance Premiums during the period
the employee is in a non-pay status for the length of said leave, not to exceed twenty-four
(24) months.
G. Upon retirement, whether service or disability connected, each non-associated
employee shall be entitled to cause himself or herself, spouse and dependents to
participate fully in the city's group health insurance program at the equivalent of the
city's group premium rate in accordance with the provisions specified by COBRA (Federal
Law). Such participation shall be at employee's expense and upon terms, conditions and
restrictions currently in effect.
H. As an alternative to the benefit described in paragraph II. G above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section XII.
I. Retired employees exercising either option (per paragraphs G or H above) may
cause any premiums not paid by the CITY to be paid for retiree medical insurance out of
any available funds due and owing them for unused sick leave benefits upon retirement,
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. At
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retirement, the sick leave hours remaining may, at the employee's option, be converted to
a dollar figure 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. This benefit shall be effective October 1, 1987 for non-associated employees.
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
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
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 an 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 she shall be precluded from securing it at a later date at the group rate.
L. Income Protection Plan This program provides, for each incident of illness or
injury, a waiting period of ninety (90) calendar days, during which the non associated
employee may use accumulated sick leave, vacation pay, or the employee may elect to be
in a non-pay status. Subsequent to the ninety (90) day waiting period, the employee will
be covered by an insurance plan paid for by the CITY, providing 66-2/3 percent of the
first $6,000 of the employee's basic monthly earnings up to a maximum monthly benefit of
$4,000.
The maximum benefit period for disability due to injury or illness shall be to
age 65.
Days and months refer to calendar days and months. Benefits under the plan are
integrated with sick leave, Worker's Compensation, Social Security and other non-private
program benefits to which the employee may be entitled. Disability is defined as: "The
inability to perform all of the duties of regular occupation during two years and
thereafter the inability to engage in any employment or occupation for which he is fitted
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by reason of education, training or experience." Rehabilitation benefits are provided in
the event the individual, due to disability, must engage in other occupation. Survivor's
benefits continues to plan payment for three months beyond death. A copy of the plan is
on file in the Administrative Services Department.
M. Vision Care Insurance. The CITY shall provide a Vision Care Plan effective
January 1, 1989 for employees and their dependents at an approximate composite cost of
twelve dollars ($12) per month per employee, to be paid by the CITY.
SECTION III
SICK LEAVE PAY
A. Non Associated employees who were on the payroll on November 20, 1978 shall be
entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by retirement,
employees shall be compensated at their then current rate of pay for seventy-five percent
(75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of
unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of 720 hours
of unused, accumulated sick leave, except as provided in paragraph D below.
Upon termination for any other reason, employees shall be compensated at their
then current rate of pay for fifty (50%) of all unused accumulated sick leave, up to a
maximum of 720 hours of such accumulated sick leave.
B. Non Associated employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate,
for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for
thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not
to exceed 720 hours, except as provided in paragraph D below.
C. Except as provided in paragraph D below, no non associated employee shall be
paid at termination for more than 720 hours of unused, accumulated sick leave. However,
employees may utilize accumulates sick leave on the basis of "last in, first out," meaning
that sick leave accumulated in excess of the maximum for payoff may be utilized first for
sick leave, as defined in Personnel Rule 18-8.
D. Non Associated employees who had unused, accumulated sick leave in excess of
720 hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on
termination under the formulas described in paragraphs A and B above. In no event shall
any employee be compensated upon termination for any accumulated sick leave in excess
of the "cap" established by this paragraph (i.e., 720 hours plus the amount over 720 hours
existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that
date in excess of such "cap" on a "last in, first out" basis. To the extent that any such
"capped" amount of excess sick leave over 720 hours is utilized, the maximum
compensable amount shall be correspondingly reduced. (Example: Employee had 1,000
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hours accumulated. Six months after July 5, 1980, employee has accumulated another 48
hours. Employee is then sick for 120 hours. Employee's maximum sick leave "cap" for
compensation at termination is now reduced by 72 hours to 928 hours.)
SECTION IV
VACATIONS AND HOLIDAYS
A. Vacation leave for non associated employees shall be accrued as follows:
Years of Service Vacation Allowance
First through Fourth Year 112 hours
Fifth through Ninth Year 136 hours
Tenth through Fourteenth Year 160 hours
Fifteenth Year and Thereafter 192 hours
B. Accrued vacation may be taken after six (6) months' service.
C. Vacation (and sick leave) accrued time are to be computed from hiring date
anniversary.
D. Upon one (1) week written notification to the Chief of Administrative Services, an
employee shall be entitled to receive his earned vacation pay, less deductions, in advance,
prior to his regularly scheduled annual vacation. Such advancements are limited to one
during each employee's anniversary year.
E. 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 earned
vacation benefits. The employee shall give two (2) week's advance notice of his/her
desire to exercise such option.
F. 1. Vacation - When taken: Non Associated employees shall not be permitted to
take a vacation in excess of actual time earned. Non Associated employees who have
accrued more than 400 hours may not use the additional accrual to advance their
separation date on retirement or other separation from employment.
2. Terminal Vacation Pay: An employee shall be paid for unused vacation upon
termination of employment at which time such terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation to which
he/she is entitled up to and including the effective date of his/her termination provided,
however, that there shall be no compensation for unused vacation hours accrued in excess
of 400 hours.
G. The following are paid holidays:
1. New Year's Day
2. Martin Luther King Day (third Monday in January)
3. Presidents Day (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 11)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
0608J/Pg. 5
11. Any day declared by the President of the United States to be a national
holiday or by the Governor of the State of California to be a state holiday and adopted as
an employee holiday by the City Council of the City 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.
H. Each employee, eligible for service retirement, may have his/her vacation accrual
converted to salary for all or any part of the twelve month period prior to his/her service
retirement date upon written request to the Director of Finance. Such modified reporting
shall not be retroactive, shall be for a maximum of twenty-four (24) months, and shall not
modify the employee's base salary for any purpose other than required by Federal and
State law, (Government Code Section 20022).
SECTION V.
VEHICLE POLICY
A. Appointed Department Heads and the City Clerk, City Treasurer and City
Attorney shall have the option of an assigned city vehicle or an automobile allowance of
$375 per month plus reimbursement for out-of-town travel at the approved mileage rate.
B. Non Associated employees who were Division Heads assigned a city vehicle as of
July 2, 1983 shall have the option of an assigned city vehicle or an automobile allowance
of $325 per month plus reimbursement for out-of-town travel at the approved mileage
rate.
C. Non Associated employees who are regularly required to travel to perform official
city business but do not have an assigned vehicle or automobile allowance shall be
provided with a safe vehicle for such business.
SECTION VI
BEREAVEMENT LEAVE AND FAMILY ILLNESS LEAVE
Non-Associated employees shall be entitled to bereavement leave not to exceed three
(3) working days per calendar year in case of death in the immediate family. "Immediate
family" is defined as father, stepfather, mother, stepmother, sisters, brothers, stepsisters,
stepbrothers, mother-in-law, father-in-law, spouse, children or stepchildren.
Sick leave may be used for an absence due to illness of the employee's spouse or child
when the employee's presence is required at home, provided that such absences shall be
limited to five (5) days per calendar year.
SECTION VII
EDUCATION COSTS
Education costs shall be reimbursed to non-associated employees on the basis of full
refund for tuition, fees, books and supplies if required by CITY, or if related to job.
Approval by the Department Head and Deputy City Administrator/Administrative
Services for non-department head personnel, and approval of City Administrator for
Department Heads is required prior to incurring any costs. Refund shall be made when
0608J/Pg. 6
the employee presents proof to the Deputy City Administrator/Administrative Services
that he or she has paid such costs and received a passing grade and that the job
relatedness of the course was pre-approved by both the Department Head and the Deputy
City Administrator/Administrative Services.
SECTION VIII
OVERTIME/TIME OFF
Non-Associated employees shall not be eligible for overtime compensation. However,
Non-Associated employees designated as "non-exempt" (NE) may be granted paid or
compensatory time off at time and one half for hours worked over 40 hours in a work
week. Any time off for sick leave during a work week does not constitute hours worked
and such time shall be counted toward the calculation of hours worked. Time off for
"exempt" non-associated employees may be granted by their respective department heads,
or in the case of an appointed department head, by the City Administrator.
SECTION IX
PHYSICAL EXAMINATIONS
Non-Associated employees shall be provided once every two years with a city paid
physical examination comparable to the current class physical examination or reimbursed
the amount authorized for said physical examination. No more than one-half of the
eligible employees shall receive examinations in any one fiscal year. Department Heads
shall be required to take the scheduled physical examination. Said exam shall be
comprehensive in nature and shall include:
A. A complete medical history, physical exam and review of results by a physician.
B. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
C. Laboratory test including standard chemical test, blood count, HDL, urinalysis and
stool test for blood. No more than-one half of the eligible employees shall receive
examinations in any one fiscal year.
SECTION X
PERSONNEL RULES
City Personnel Rule 8-3 shall be modified for the purpose of computing layoff rights
to the last period of continuous service.
SECTION XI
SHORTHAND COMPENSATION
A. Employees in the classification of Administrative Assistant - Department, that
have successfully passed the shorthand examination prior to July 1, 1.987, shall receive one
hundred dollars ($100) per month additional compensation for this shorthand ability.
B. Employees in the Classification of Administrative Assistant - Department shall,
on July 1, 1987 and thereafter, receive one hundred dollars ($100) per month additional
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0608J/Pg. 7
compensation for shorthand ability upon successful examination for such; and,
certification of department head that shorthand ability is a requirement of the position.
C. Employees in the classification of Executive Assistant, that have successfully
passed the shorthand examination prior to July 1, 1988 shall receive one hundred dollars
($100) per month additional compensation for this shorthand ability.
D. Employees in the Classification of Executive Assistant shall, on July 1, 1988 and
thereafter, receive one hundred dollars ($100) per month additional compensation for
shorthand ability upon successful examination for such; and, certification of City
Administrator that shorthand ability is a requirement of the position.
SECTION XII
ALTERNATIVE RETIREE MEDICAL PLAN
A. A Non-associated employee who retired from the City, shall be entitled to
participate in the City-sponsored medical insurance plans and the City shall contribute
toward monthly premiums for coverage and in an amount as specified in accordance with
this Plan, provided:
1. At the time of retirement the employee has a minimum of ten (10) years of
service or is granted an industrial disability retirement; and
2. At the time of retirement the employee is employed by the City; and
3. Following official separation from the City the employee is granted a
retirement allowance by the California Public Employees' Retirement System.
B. The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer, the payment will be suspended.
"Another employer" as used herein means private employer or public employer or the
employer of a spouse. As a condition of being eligible to receive the premium
contribution as set forth in this plan, the City shall have the right to require any retiree
to annually certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for reimbursement of those
amounts inappropriately expended and the retirees' eligibility to receive further benefits
will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible, automatically or
voluntarily, for medical coverage under Medicare (whether or not such application is
made) the City's obligation to pay monthly premiums may be adjusted downward or
eliminated. Benefit coverage at such age under City health plans shall be governed by
plan documents for such plans.
0608J/Pg. 8
3. In the event the federal Government or State Government mandates an
employer-funded health plan or program for retirees, or mandates that the City make
contributions toward a health plan (either private or public) for retirees, the City's
contribution rate as set forth in this plan shall first be applied to that mandatory plan. If
there is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retired employee pays the balance necessary for such
coverage, if any.
4. In the event of the death of any employee, whether retired or not, the amount
of the retiree medical premium benefit which the deceased employee was receiving at the
time of his/her death or would be eligible to receive if he/she were retired based on the
schedule below, shall be paid on behalf of the spouse or family for a period not to exceed
six (6) months.
C. SCHEDULE OF BENEFITS
1. Minimum Eligibility for Benefits - With the exception of an industrial
disability retirement, eligibility for benefits begins after an employee has completed ten
(10) years of continuous service with the City of Huntington Beach. Said service must be
continuous unless breaks are reinstated at the time of hire or rehire in accordance with
the City's Personnel Rules.
2. Disability Retirees - Industrial disability retirees with less than ten (10) years
of service shall receive a maximum monthly payment toward the premium for health
insurance of $80 if retirement occurs after 7/1/88 and $121 if retirement occurs after
7/l/89. Payments shall be in accordance with the stipulations and conditions which exist
for all other retirees. Payment shall not exceed the dollar amount which is equal to the
full cost of premium for employee only.
3. All retirees including those retired as a result of disability whose number of
years of service prior to retirement exceeds ten (10), shall be entitled to maximum
monthly payment of premiums by the City as follows:
Maximum Monthly Payment
For Retirements After:
Years of Service 7/1/89
10 V121
11 132
12 145
13 158
14 170
15 182
16 195
17 207
18 220
19 232
20 244
21 257
22 269
0608J/Pg. 9
Maximum Monthly Payment
For Retirements After:
Years of Service 7/1/89
23 282
24 294
25 306
26 319
27 331
28 344
Note: The above monthly payment amounts may be reduced as dependent
eligibility ceases. However, the amount shall not be reduced if such
reduction would cause insufficient funds needed to pay the full premium for
the employee and the remaining dependents. In the event no reduction
occurs and the remaining benefit payment is not sufficient to pay the
premium amount for the employee and the then eligible dependents, said
needed excess premium amount shall be paid by the employee.
D. Medical Insurance Benefits under the self-administered Employee Health Plan
shall be the same as benefits provided to full time employees except for the following:
1. The plan shall pay 80% of covered hospitalization costs after the deductible is
met.
2. The annual deductible shall be $200 per person per year with a family
maximum of $500 per year.
3. The maximum out of pocket expense for covered costs shall be $1000 per
person per year after the deductible is met.
4. Accident related expenses are covered the same as other medical expense (ie:
no supplemental coverage).
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Res. No. 6045
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I CONNIE BROCKWAY y elected, G City
the duly qualified
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 at least a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the nth day
Of July , 19 & , by the following vote:
AYES: Councilmembers:
MacAllister, Green, Winchell , Mays, Silva
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister, Erskine out of room
City Clerk and ex-offWo Llerk
of the.City Council of the City
of Huntington Beach, California