HomeMy WebLinkAboutCity Council - 97-4 RESOLUTION NO. 9 7-4
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
AND THE CITY OF HUNTINGTON BEACH
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Police Management Association dated January 1, 1995, a copy of which is
attached hereto and by reference made a part hereof, is hereby approved and ordered
implemented in accordance with the terms and conditions thereof, and the City Administrator is
authorized to execute this agreement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of January , 1997.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: APPROVED AS TO CONTENT:
City Adfrinistrator Personnel Director
hief of Police
[SF]s/PCD_ResolutionTMA 1231
RLS 96-956
..........-
-4
POLICE MANAGEMENT ASSOCIATION
1995/97 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
Preamble
.............................................................................................................................. ..............................................I...............................................
....A-rt-i-c-l-e--1.......Representational Unit.........................................................................................................................................
Article 11 -.Existing n ment ...................................................."...........
............................................. ..P290i.o....s-of..E.mp-12Y.............................................
Article III - Salary Schedules & Retirement 2
-..............I....................... ........................................................................................................................I...........................I.........................
Article IV - Health and Other Insurance Benefits 3
...............................................................................................................................................................................................................................
Article V - Bereavement Leave 6
I..............................................................................I............................................................................................................................................
Article VI -Auto Allowance 6
.................................................................11..........................................................................11....................I..............................................................
Article VII..-.Drug Testing .. .................................................................. 7
............Drug..Testing....................--.......................................................... ...
Article VI I -I Vacations 7
.............................. ...................1-1.........................................................................................I....................................................................
Article IX - Sick Lea. 8
----------------------------------------I.............)�� �y....................................................................................
Article X - Miscellaneous Provisions 9
... ............ ...................................................................................................................................................................................... .....................
Article XI - Holidays 10
...................................................1................................................................................................I................................................ ..............
Article XII - Overtime/Time Offrren Plan 10
------------- .........1--.1...........................................................................................................................................................................I..........
Art
12
....... ....... ... .. .. ............... ........
A.rt.i.cl.e..X.I.V..-..Re.t.i.re.e...M.ed.ica-l-.P.rpg.r.am............................................--1.......................................I................................ 12
....... ....... .... .... .. ........ ....... ............I-I ........
...Art.i.c.l.e.,XV..-..M.a.n.a.g,e,me,nt..R.i!g.h.t.s...I.................. ................................... 12
...... ... ... ....... ..................... .... ..................................................
Article XVI - Term of MOU 12
........I........................................................................-.................................1.............................I..............................................................................
Article XVI I - City Council Approval 13
................................................ ................................Approval ..........................................................................................................
Exhibit A - PMA Salary Schedule 16
.............................I........I.................................................................................I............................................................................1-....................
Exhibit B - Retiree Subsidy Medical Plan .......I................... .............. 17
.......... ............................................. ...........I............-,...........I........I..............................................
Exhibit C - Personnel Rule Changes 25
--------------------------I--....................................................... . ............................................................................................................................
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS the designated representative of the City of Huntington Beach and
the Huntington Beach Police Management Association have met and conferred in good
faith with respect to salaries, benefits and other terms and conditions of employment for
the employees represented by the Association;
NOW THEREFORE, this Memorandum of Understanding is made, to become
effective January 1, 1995 and it is agreed as follows:
ARTICLE I
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Police Management Association is the
employee organization which has the right to meet and confer in good faith with the
City on behalf of represented employees of the Huntington Beach Police Department
within the classification titles of Police Captain and Police Lieutenant, as outlined in
Exhibit A attached hereto and incorporated herein.
ARTICLE II
EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms and conditions of employment which
have been established for the classification represented by the Huntington Beach
Police Management Association.
POLICE MAN),jEMENT MEMORANDUM OF UNEP.ASTANDING
ARTICLE III
SALARY SCHEDULES AND RETIREMENT
A. Employees shall be compensated at monthly salary rates by classification
title and salary ranges during the term of this Agreement as set out in Exhibit A
attached hereto and incorporated herein unless expressly provided for in other articles
of this Memorandum of Understanding.
B. Each employee covered by this Agreement shall be reimbursed once every
two weeks in an amount equal to 9% of the employee's base salary and special pay 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.
C. Each employee, eligible for service retirement may have hislher uniform
allowance converted to salary for all or 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 be for a maximum of twenty-four (24) months.
D. During the terms of this agreement the differential between the salary
ranges of Police Captain and Police Lieutenant shall be no less than 32 ranges.
E. During the term of this agreement, the differential between the salary range
of Police Lieutenant and the salary range plus holiday compensation of the Police
Sergeant shall be no less than 37 ranges.
F. The City and the Association recognize that the salaries of employees
represented by the Association are determined, pursuant to paragraph 111.13 and III.E
above, by the salary range of Police Sergeant, a classification represented by the
Huntington Beach Police Officers' Association (POA).
G. By July 15, 1997, the City agrees to reopen discussions on PERS
retirement reimbursement, as a "rollover'; a joint fetter requesting the cost of such
benefit be provided and forwarded to PERS by April 15 1997.
H. The City and PMA agree that new employees shall not be eligible for the
"Self-Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph
PMAMOU.DOC -2- 12130196 4,:41 PM
POLICE MAN,.AJEMENT MEMORANDUM OF UNt.—ASTANDING
A.2 of the Police Officers' Association 1993194 Memorandum of Understanding). New
employees shall be defined as employees hired on or after the date that all bargaining
units cease to be eligible for this benefit.
ARTICLE IV
HEALTH AND OTHER INSURANCE BENEFITS
A. Health
1. Medical, Dental. Optical
a. The City shall continue to provide group medical benefits to all
employees with coverage and other benefits comparable to the group medical plan
currently in effect.
b. The City will pay medical claims under the Employee Health Plan
within thirty (30) days of the receipt of the claim or provide written notice to the claimant
of the reason for delay.
2. Dental - The City shall continue to provide dental plan benefits equal
to those currently being provided by the City. The Indemnity Dental Plan will include a
$25 deductible per person per year.
3. Optical' - Optical Plan benefits will provide for one (1) pair of
eyeglasses every twelve (12) months, subject to the terms and conditions of the current
policy.
_ . PMAMDU,pDC -3- 12/30/96 4.41 PM
POLICE MANI-..3EMENT MEMORANDUM OF UNL,—RSTANDING
4. Eligibility Criteria and Cost:
a. Health 'Caps" - The Association agrees to the following health
caps for employee only, two party and family for medical, dental and vision effective
January 1, 1997.
Delta E�elta� 11Sp
Prapsased city Farr HealthNet r=H� t3eintl Sara 5afaguar (visions
t=hipreyee
:. p $223.01 $ 139.96 $ 103.75 $ 32.45 $ 21.06 $ 16.14 $ 17.04
r= pr0y �
#;p,Re,.,. ,., 446.03 306.42 286.26 61.98 35.79 26.23 17.04
Em�l��ree
556.51 402.73 376.24 81.62 54.74 30.85 17.04
b. Dependent Health Coverage -The City will assume payment for
dependent health insurance, subject to paragraph 4a above, 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.
c. New Employee - Employees hired after January 1, 1997 to
contribute through a payroll deduction of $15 (employee), $35 (two party) or
$55 (family) toward medical cost, or the difference between the premium rate and the
City contribution, whichever is greater.
d. City_Medical Plan Changes Effective January 1, 1996 Retirees
- The City agrees to provide the §ame benefit an employee receives, 90% PPO and
70% Non-PPO hospital and major medical, for retirees in the City Medical Plan.
e. City Medical Plan Chancres Effective January 1. 1997:
(1) PCS - Employees shall be required to obtain the generic
drug when available unless his/her physician specifically stipulates a brand name drug.
The employee would be paying, in addition to the co-payment, the difference between
the generic and the brand name cost.
(2) Outpatient Surgery - Plan to pay 90% for PPO providers
and 70% for Non-PPO providers of usual, customary and reasonable charges after the
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POLICE MAN,.JEMENT MEMORANDUM OF UNL_RSTANDING
deductible is met. This applies to outpatient surgical facilities, outpatient services in a
hospital, surgeons, anesthesiologists and all pre-admission testing.
(3) Second Surgeons Opinion - Plan requires that the
attending physician call OCPPO on all proposed, elective surgeries for a determination
of second surgical opinion. OCPPO will have the authority to waive or require a
second surgical opinion, OCPPO will provide the patient with a list of board certified
surgeons in the same specialty. The charges for the second surgical consultant will
continue to be paid at 100 percent and not subject to the deductible.
B. Insurance
1. Life Insurance - Each employee shall be provided with $40,000
life insurance and $40,000 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.
Evidence of insurability is contingent upon total participation in additional amounts.
2. Income Protection Plan - The existing long term disability
program provided by the City shall remain in effect for all personnel. This program
provides, for each incident, pay up to sixth (60) calendar days at the employee's salary
rate (excluding overtime but including any special pay in effect at the time of illness or
injury). After the sixty calendar day period, the employee will be covered by an
insurance plan paid for by the City which will provide 66 2/3% of the employee's salary
rate (excluding overtime and any special pay) in accordance with the following:
Dis . ue�lyabl
tocc�dent [Iles ..:
First 60 Days Regular Pay Regular Pay
Next 24 Months 66 2/3% of base pay 66 2/3% of base pay
To Age 65 66 2/3% of base pay None
a) Days and months refer to calendar days and months. Benefits
under the Plan are integrated with Workmen's Compensation, Social Security and other
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POLICE MANj-..sEMENT MEMORANDUM OF UN&G ASTANDING
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 the first
two years of disability and thereafter the inability to engage in any employment or
occupation for which he is fitted by reason of education, training or experience.
b. Rehabilitation benefits are provided in the event the individual,
due to disability, must engage in other occupation. Plan will provide 66 2/3% of
difference between regular pay and pay of other occupation.
c. Survivors benefit continues plan payment for three months
beyond death.
ARTICLE V
BEREAVEMENT LEAVE
Employees shall be entitled to bereavement leave not to exceed three working
days in each instance of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, children, grandchildren and grandparents of the
employee or spouse.
ARTICLE Vl
AUTO ALLOWANCE
The provisions of Administrative Regulation 407: Auto Allowance, shall apply to
employees represented by the Police Management Association. Any modifications to
Administrative Regulation 407, either by the City or through implementation of an MOU
with MEO, shall automatically modify the auto allowance benefit provided for
employees represented by the Police Management Association. Auto allowance for
employees represented by the Police Management Association shall be no less than
$350 per month during the term of this Agreement.
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POLICE MAN.-..jEMENT MEMORANDUM OF UN D—ASTAN DING
ARTICLE VII
DRUG TESTING
Unit employees shall participate in a random drug/alcohol testing program as
proposed by the Chief of Police.
ARTICLE VIII
VACATIONS
A. Anniversary Date - For the purpose of computing vacation, an employee's
anniversary date shall be the most recent date on which he/she commenced full-time
City employment
B. Annual Vacation - The purpose of annual vacation is to provide a rest
period which will enable each employee to return to work physically and mentally
refreshed. All permanent employees, whether full-time or part-time, shall be entitled to
annual vacation with pay except the following:
1. Employees who have not completed six (6) months of continuous
service with the City.
2. Employees who work less than full-time who are not permanent.
3. Employees on leave of absence.
C. Vacation Allowance - Permanent employees in the City's service, having
an average work week of forty (40) hours, shall accrue annual vacation with pay in
accordance with the following:
1. For the first through the fourth year of continuous service, vacation
time will be accrued at the rate of 112 hours per year.
2. After the fifth year and through the ninth year of continuous
service, vacation time will be accrued at the rate of 136 hours per year.
3. For the tenth year and through the fourteenth year of continuous
service, vacation time will be accrued at the rate of 160 hours per year.
4. After the fifteenth year and thereafter of continuous service,
vacation time will be accrued at the rate of 192 hours per year.
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POLICE MANP-..,EMENT MEMORANDUM OF UNL—ASTANDING
D. Vacation - When Taken - No employee shall be .permitted to take a
vacation in excess of actual time earned. Employees covered by this agreement, after
December 31, 1999, shall not accrue vacation in excess of 400 hours. Employees that
have accrued more than 400 hours shall be allowed a one time buy down of vacation in
excess of 400 hours through December 31, 1999,
E. 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 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.
F. Receipt of Vacation - Upon two weeks written notification to the Director of
Finance, each employee shall be entitled to receive his earned vacation pay, less
deductions, in advance, prior to his regular scheduled annual vacation. Such
advancements are limited to one during each employee's anniversary year.
G. Conversion to Cash - An employee may elect to take up to 80 hours of
pay per calendar year for accrued vacation in lieu of time off. Such pay may be
reported to PERS as salary. It is the intent of the parties that employees will take
vacation during the current year.
ARTICLE IX
SICK LEAVE PAY
A. Employees covered by this agreement and 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 fifty
percent (50%) of unused sick leave, up to a maximum of 720 hours of unused,
accumulated sick leave.
B. 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,
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POLICE MAN►-.-EMENT MEMORANDUM OF UNEo—ASTANDING
and for thirty-five (35%) of all unused, earned sick leave in excess of 480 hours, but not
to exceed 720 hours.
C. No employee shall be paid at termination for more than 720 hours of
unused, accumulated sick leave.
D. All employees represented by PMA as of January 1, 1991 shall be credited
with 480 hours of sick leave.
E. Upon promotion to the position of Lieutenant, on any date after
January 1, 1991, the promoted employee shall be credited with 480 hours of sick leave.
In the event that the sick leave program for employees represented by the
Huntington Beach Police Officers' Association (POA), as it exists pursuant to
Resolution 5889, Memorandum of Understanding dated October 1, 1987, is modified to
provide a "traditional" system of sick leave accrual and payoff, no sick leave credit shall
be provided under this paragraph.
F. Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the City out of any
available funds due and owing them under the terms of this agreement for unused sick
leave benefits upon retirement.
ARTICLE X
MISCELLANEOUS PROVISIONS
A. If there is any change to the benefits provided to POA that differ from those
provided to PMA, either the City dr Association may request to reopen discussions
regarding a change to that specific benefit.
B. The Association agrees to meet and confer on a City Fleet Management
Proposal during the term of this agreement
C. The City and the Association agree to implement the rule changes and
accordingly revise the Personnel Rules as described in Exhibit C. The City and
Association agree to meet during the term of this agreement on proposed revisions to
Personnel Rule 8-1. The parties agree that the impasse procedure will not apply to
these discussions.
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POLICE MAN.-,jEMENT MEMORANDUM OF UNb—ASTANDING
ARTICLE XI
HOLIDAYS
All unit employees shall have the following legal holidays with pay:
1. New Year's Day (January 1)
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 11)
8. Thanksgiving Day (forth 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, or 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.
Compensation for legal holidays shall be provided as follows:
1. If a day the City observes as a legal holiday designated above falls on an
employee's regular work day, the employee will receive the day off;
2. If a day the City observes as a legal holiday designated above falls on an
employee's regular day off, the employee will be compensated with eight (8) hours of
compensatory time;
3. Employees who are required to work on a day the City observes as a legal
holiday designated above shall be compensated in accordance with Article XII.
ARTICLE XII
OVERTIMEITIME OFFITEN PLAN
A. When such employees are required to fill a full, or partial, work shift that is
not parr of the employee's regular work schedule. Partial work shift shall mean five (5)
hours or more of a work shift. In such an instance, the employee may be compensated
PMAMOU.DOC -10- 12/30/96 4:41 PM
POLICE MAN,-.-oEMENT MEMORANDUM OF UNr.—ASTANDING
at the rate of 1 112 hours for each hour worked in the form of pay or compensatory time
Off.
B. Time off for such employees, to compensate for other overtime hours
worked, may be granted by the department head. It is understood by both parties of
this Agreement that Police Captains and Lieutenants will be entitled to the City policy of
granting five days' administrative time off per year to compensate the Captains and
Lieutenants for their previous (when authorized) time and one-half overtime benefit.
C. The work schedule agreed to by the City and the Association during
negotiations has been fully implemented and shall remain in effect during the life of this
agreement unless changes are agreed to by the Association and the City
D. Effective January 1, 1984, all employees are entitled to work four (4) days
per week, ten (10) hours each day, meal times to be included during the ten hour shift.
E. Employees represented herein are exempt employees as to the Fair Labor
Standards Act (FLSA) and as such shall not be disciplined in the form of suspension of
less than a week for non-safety violations and shall not be eligible for overtime
compensation except in the following instances:
. 1. When such employees are required to fill a full, or partial, work shift that is
not part of the employee's regular work schedule. Partial shift shall mean five (5) hours
or more of a work shift. In such an instance, the employee may be compensated at the
rate of 1 112 hours for each hour worked in the form of pay or compensatory time off.
2. Time off for such employees, to compensate for other overtime hours
worked, may be granted by the department head. It is understood by both parties of
this Agreement that Police Captains and Lieutenants will be entitled to the City policy of
granting five days administrative time off per year to compensate the Captains and
Lieutenants for their previous (when authorized) time and one-half overtime benefit.
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POLICE MAW—OEMENT MEMORANDUM OF UNL—ASTANDING
ARTICLE XIII
EDUCATIONAL PAY
Members of PMA shall be entitled to the education pay plan that exists for POA.
Members who have received certification for completion of the FBI Academy or POST
Command College shall receive an additional $40 per month.
ARTICLE XIV
RETIREE MEDICAL PROGRAM
Medical benefits for retired members shall be provided as described in Exhibit B
subject to modification pursuant to the process described in Article IV herein.
ARTICLE XV
MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the Chief of Police retains all
rights, powers and authority with respect to the management and direction of the
performance of police 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 Chief of Police or 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 police services, including establishing manning requirements,
overtime assignments, number and location 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 XVI
TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for a term commencing on
January 1, 1995, and ending at midnight on December 31, 1997. Except as expressly
provided herein, no further improvements or changes in the salaries and monetary
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POLICE MA%-..%EMENT MEMORANDUM OF UNL_ASTANDING
benefits of the employees represented by the Association shall take effect during the
term of this Agreement unless agreed upon by the City and the Association. It is
understood that the parties are continuing to meet and confer regarding non-monetary
matters such as Personnel Rules changes. Any matters agreed upon resulting from
such meeting and conferring will be the subject of a separate addendum to this
Agreement.
ARTICLE XVII
CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this JQ day of 1997.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION
City Administrator
�Y
Personne 'rector
C of of Police
.r� APPROVED AS TO FORM:
lLLIJ-�
City Attorney
PMAMOUMOC -13- 12/30/96 4:41 PM
EXHIBIT A
POLICE MANAGEMENT ASSOCIATION
SALARY SCHEDULE
1995 through 1997
Step
Job Code Classification Range A B C D E
4701 Police Captain 561 $ 6,204 $ 6,545 $6,906 $ 7,285 $ 7,686
4702 Police Lieutenant 529 5,288 5,580 5,888 6,211 6,552
PMAMOU.DOC -16- '. . - - < 12/30/96 4:41 PM
EXHIBIT B
CITY OF HUNTINGTON BEACH
RETIREE SUBSIDY MEDICAL PLAN
An employee who has 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 in an amount as specified in accordance with this Plan,
provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
continuous City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a
retirement allowance by the California Public Employees' Retirement System.
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 retiree's 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 age 65 under the City's medical
plans shall be governed by applicable plan document.
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
' PMAMOU DOC -17- ti" 12/30/96 4:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
set forth in this plan shall first be applied to the 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 insurance subsidy benefit which
the deceased employee was receiving at the time of his/her death
would be eligible to receive if he/she were retired at the time of
death, shall be paid on behalf of the spouse or family for a period
not to exceed twelve (12) months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits - With the exception of an industrial disability
retirement, eligibility for benefits begin after an employee has completed ten
(10) years of continuous service with the City of Huntington Beach. Said
service must be continuous unless prior service is reinstated at the time of
his/her rehire in accordance with the City's Personnel Rules.
B. 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 $40 for retirements after 10/1/87, $80 after 1011188, and
$121 after 10/1/89. Payments shall be in accordance with the stipulations
and conditions which exist for all retirees. Payment shall not exceed dollar
amount which is equal to the full cost of premium for employee only.
PMAMOU.DOC -18- 12/30/96 4:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
C. Maximum Monthly Subsidy Payments _ 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 for each year of completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service 10/1/87 1011188 1011/89 10/1192
10 $ 40 $ 80 $ 121 $ 121
11 44 88 132 136
12 48 97 145 151
13 53 105 158 166
14 57 113 170 181
15 61 122 182 196
16 65 130 195 211
17 69 138 207 226
18 73 146 220 241
19 77 155 232 256
20 81 163 244 271
21 86 171 257 286
22 90 179 269 300
23 94 188, 282 315
24 98 196 294 330
25 102 204 306 344
26 106 213 319
27 110 221 331
28 115 229 344
Note: The above payment amounts may be reduced each month as
dependent eligibility ceases due to death, divorce or loss of
dependent child status. 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 premium is not
sufficient to pay the premium amount for the employee and the
eligible dependents, said needed excess premium amount shall be
paid by the employee.
PMAMOU.DOC -19- 12/30/964:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
INDEMNITY HEALTH PLAN, EM P LOYE ESIRETI REES
Benefits' City Plan, Employees City Plan
Non-Subsidized Retirees, Subsidized Retiree Plan
COBRA-Eligibles
In-Patient Hospital Benefits 90% (PPO) of UCR 90% (PPO) of UCR
70% (Non-PPO) after deductible 70% of (Non-PPO) of UCR
Deductible Per Person $150 $200
Maximum Per Family $450 $500
Maximum Out-of-Pocket $1,000 $1,500
Expenses (Excludes Deductible): $2,000 $3,000
Per Person
Per Family
Accident Benefit (Medical) None (Covered Same as Other None (Covered Same as Other
Expenses) Expenses)
Prescription Drugs PCs PCs
Deductible Generic $5 $5
Non Generic $8 $8
Mail Order Generic $4 $4
Mail Order Nan-Generic $6 $6
Major Medical 90% (PPO) of UCR 90% (PPO) of UCR
70% (Non-PPO) of UCR 70% (Nan-PPO) of UCR
Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP)
shall be entitled to benefits of the program chosen.
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eli ibilit
1. The effective start-up date of the Retiree Subsidy Medical Plan for
the various employee groups shall be the first of the month
following retirement date.
2. A retiree may change plans, add dependents, etc., during annual
open enrollment. Personnel shall notify covered retirees of this
opportunity each year.
' This summary list only those benefit provisions that differ between active and subsidized
Retiree Plans. The Employee Health Plan Document should be consulted for detailed
questions about specific benefits. Benefits are subject to modification through the meet and
confer process.
PMAMOU.DOG -20- 12/30/96 4:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
3. Years of service computed for the Retiree Subsidy Medical Plan
are actual years of completed service with the City of Huntington
Beach.
4. When a retiree is eligible for medical plan coverage at the expense
of another employer due to post-retirement employment of the
retiree or spouse of the retiree, the retiree and hislher spouse must
take that coverage regardless of benefit level and shall be deleted
from any City Plan coverage. Exceptions to this requirement are
limited to the following:
a. A retiree is not required to enroll in such " other" medical plan
coverage if there is significant disparity between the benefits
provided by the " other" medical plan and the Retiree Subsidy
Medical Plan as defined below. " Significant disparity" means
coverage available under the " other" medical plan is
restrictive or limited in one or more of the following ways:
1) No in-patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of
covered expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the " other" medical plan policy.
Exceptions will be made only if the " other" medical plan
benefit provisions,are comparable to the guidelines under B
above.
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical
Plan will be coordinated with the " other' medical
plan as the primary carrier.
2. The City shall have the right to require any retiree to
provide a copy of the " other" medical plan policy for
review by the Risk Manager.
PMAMOU.DOC -21- =:_ :., 12/34/96 4:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
5. When a retiree becomes eligible for the other group coverage and
then becomes no longer eligible, he/she may have the subsidy
reinstated and regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree
Subsidy Medical Plan or they may choose to exercise COBRA
rights along with the retiree.
7. When a retiree becomes 65 and has eligible dependents under 65,
said dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the
spouse is not covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network
(MHN), Prescription Card System (PCS), Orange County Preferred
Provider Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and
over, with Medicare the secondary payer. Retirees age 65 and
over have no City Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in
advance of the coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HealthNet.
c. Family Health Plan (FHP).
d. Part A of Medicare for those retirees not eligible for paid
Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
PMAMOU-DOC -22- 12/3O/96 4:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be
eligible for the subsidy based on years of completed service with
the City,
October 1, 1.997: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1988: Non-Represented.
Retirees who retire prior to the above dates are not eligible for any
subsidy benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those
with sufficient credit quarters of Social Security will receive Part A
of Medicare at no cost. Those without sufficient credited quarters
are still eligible for Medicare at age 65, but will have to pay for Part
A of Medicare if the individual elects to take Medicare. In all cases,
Part B of Medicare is paid for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither
is eligible for paid Part A of Medicare, the subsidy shall pay for Part
A for each of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and
his/her spouse is not eligible for paid Part A, the spouse shall not
receive subsidy. When a retiree at age 65 is not eligible for paid
Part A of Medicare and his/her spouse who is also age 65 is
eligible for paid Part A of Medicare, the subsidy shall be for the
retiree's Part A only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
PMAMOUDOC -23- 12/301964:41 PM
EXHIBIT B
RETIREE SUBSIDY MEDICAL PLAN
a. Coverage for a retiree under the Retiree Subsidy Medical Plan
will be eliminated on the first day of the month in which the
retiree reaches age 65. If such retiree was covering
dependents under the Plan, dependents will be eligible for
COBRA continuation benefits effective as of the retiree's 65th
birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the
event such dependent reaches age 65 prior to the
retiree reaching age 65.
c. At age 65 retirees are eligible to make application for
Medicare. Upon being considered " eligible to make
application" , whether or not application has been made for
Medicare, the Retiree Subsidy Medical Plan will be eliminated.
2. See provisions under" Benefits" , " Subsidies" , and " Medicare" for
those retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be
notified of non-payment of premium by means of a certified letter
from Personnel in accordance with provisions of the Memorandums
of Understanding.
4. -A retiree who fails to pay premiums due for coverage and is in
arrears for sixty (60) 'days shall be terminated from the Plan and
shall not have reinstatement rights.
PMAMOU.DOG -24- 12/30/96 4:41 PM
EXHIBIT C
PERSONNEL RULE CHANGES
A. Rule 5-14, Promotional Examinations - Promotional examinations may be
conducted whenever, in the opinion of the Personnel Director, after consultation
with the Department Head, the need of the service so requires; provided,
however, a promotional examination may not be given unless there are two (2) or
more candidates eligible for each position to be filled. Only employees who meet
the requirements for the vacant position may compete in promotional
examinations. Promotional examinations may include any of the selection
techniques, or any combination thereof, mentioned in Section 5-13. Additional
factors including, but not limited to, performance rating and length of service may
be considered. A promotional employment list shall be established after the
administration of a promotional examination, and such list shall contain the
name(s) of those that passed the examination.
B. 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.
Closed 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 entry level lists shall be
merged with others already on the list in order of scores.
C. Rule 8-3 Layoff In Accordance with Length of Service. Determination of Length of
Service. Professional, Scientific and Executive Classes - 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. Except as otherwise provided in this part, in determining length of
service scores, one point shall be allowed for each complete month of full-time
service- in the class of layoff or demotion and in classes that, at the time notice of
layoff is given, have the same or a higher maximum salary. One-half point shall
be allowed for each complete month of full-time service in all other classes.
D. Rule 8-11 Re-Employment - With the approval of the Personnel Director, an
employee who has resigned in good standing from the competitive service may be
re-employed to his former position, if vacant, or to a vacant position in the same or
a comparable class within one (1) year from date of resignation in accordance with
Rule 5-21. If such re-employment commences within ninety (90) days of the
effective date of resignation, the employee shall not be considered a new
employee for vacation and seniority purposes.
E. Rule 18-19 Maternity Leave - A permanent 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
PMAMOLl.DOC -25- - 12/30/96 4-41 PM
EXHIBIT C
PERSONNEL RULE CHANGES
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 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 Director.
F. 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 (15) days thereafter and shall cause notice to be
served upon all interested parties.
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, at his/her discretion, receive
additional evidence or argument by setting the matter for hearing within ten (10)
days following his/her receipt of such report and causing notice of such hearing to
be served upon the employee, employee organization and the Personnel Director.
Within five (5) days after receipt of the Personnel Director's 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.
G. Rule 19-5 b Hearin - 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 approved 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.
H. 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.
PMAMOU.DOC -26- 12/30/96 4:41 PM
EXHIBIT C
PERSONNEL RULE CHANGES
I. Rule 21-12, Time. Extension of - Upon written consent of the parties, the time
limitation imposed upon procedures set forth in these rules may be extended a
reasonable time. The City and the employee, or employee organization may, by
mutual consent, extend the time periods within which an act must occur in the
processing of grievances.
PMAMOU.DOC -27- 12130196-4:41 PM
Res. No. 97-4
STATE OF CALIFORNIA }
COUNTY OF ORANGE j ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a
regular meeting thereof held on the 6th day of January, 1997 by the following vote:
AYES: Julien, Harman, Dettloff, Bauer, Green, Garofalo
NOES: Sullivan
ABSENT: None
J
City Cleric and ex-oiIicio Clerk of the
City Council of the City of Huntington
Beach, California
GJrm1uti/resbkpgJ96-100