HomeMy WebLinkAboutCity Council - 2002-109 RESOLUTION NO. 2002 - 109
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH MODIFYING SALARY AND
BENEFITS FOR CALENDAR YEAR 2003
FOR NON-REPRESENTED EMPLOYEES
WHEREAS,the City Council of the City of Huntington Beach desires to modify salary
and benefits for non-represented employees for calendar year 2003,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. Benefits for non-represented employees shall be modified as reflected in
EXHIBIT "A," effective as indicated.
SECTION 2. Salary for non-represented employees shall be modified as reflected in
EXHIBIT "B," effective as indicated.
SECTION 3. Except as modified, existing benefits shall remain in effect.
SECTION 4. 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of the City Council heretofore approved, is hereby repealed.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 an adjourned
regular meeting thereof held on the_ 6th day of ,�-November 2002
Mayor
ATTEST: APPROVED AS TO FORM:
L
City Clerk Cit Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad inistrator Director of dministrative Services
G:1RESOLUTN 20021nnn-rep-emp.doc
SUMtARY OF SALARY AND BEREFIT
CHANGES FOR NON-REPRESENTED EMPLOYEES
❖ Term
A one-year term from December 21, 2002 through December 19, 2003
❖ Salary
3% increase effective December 21, 2002, (the first day of the pay period under the
resolution).
•;• Health
Year 2003 Premiums
The City's contribution to medical, dental and vision shall be no more than the premium
maximum for employee only, employee plus one, and employee plus two or more.
❖ Employee Cost Sharing of Benefits
Year 2003
Starting January 4, 2003 employees will share in the city's total cost of providing benefits
(medical, dental, vision, life, and accidental death & dismemberment) with a bi-weekly
pre-tax payroll deduction in the amounts below based on the employee's category of the
medical benefit.
Employee Cost Pre-Tax
Sharing Per Pay Annual
Period
EE $ 6.75 $ 175.50
EE + 1 14.00 364.00
EE + 2 or more 18.90 491.40
❖ Joint Cafeteria Plan Study
The city and two Non-Associated employees will convene an ad-hoc committee to study
a cafeteria plan for employee benefits.
❖ Hours of Work
Flexible Scheduling
Effective February 1, 2003, with supervisor and Department Head approval, Non-
Associated employees may flex regular scheduled start times between the hours of 7:00
a.m. to 9:00 a.m. and end times between the hours of 4:00 p.m. and 7:00 p.m. Flex
schedules shall not reduce service to the public, departmental effectiveness, productivity
and/or efficiency as determined by the City Administrator or designee.
5/40 or 9/80 Work Schedule
Effective February 1, 2003, Non-Associated employees will have the option of working a
5140 or 9/80 work schedule with supervisor and Department Head approval.
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SUMMARY OF SALARY AND B EFIT
CHANGES FOR NON-REPRESENTED EMPLOYEES
❖ Retirement
The city proposes amending its contract with California Public Employees Retirement
System {CaIPERS} to provide the following pre-retirement death benefits, which are
described by CaIPERS as follows:
Pre-retirement Optional Settlement 2 Death Benefit
The spouse of a deceased member, who was eligible to retire for service at the time of
death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit in
lieu of the lump sum Basic Death Benefit. The benefit is a monthly allowance equal to
the amount the member would have received if the member had retired from service on
the date of death and selected Option 2, the highest monthly allowance a member can
leave a spouse.
Fourth Level of 1959 Survivor Benefit
The 1959 Survivor Benefit provides a monthly allowance to eligible survivors of members
who were covered by this benefit program and died before retirement. This benefit
coverage is available by contract amendment for those members who are not covered by
federal Social Security with their employer. Covered members are required to pay a $2
monthly fee that is deducted from their salary specifically to fund the 1959 Survivor
Benefit Program.
❖ Management Issues
• Ending Shorthand Skill Pay
• Family Sick Leave — In Compliance with Law and Standardized
• Use of Sick Leave in regards to Extended Absences
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NON-ASS EMPLOYEE BENEFITS RROLUTION
TABLE OF CONTENTS
EXHIBIT A -NON-ASSOCIATED EMPLOYEES BENEFIT PROVISIONS 3
SECTION I—SPECIAL PAY 3
A. Education Reimbursement 3
B. Shorthand Skill Pay 3
C. Assigned Vehicle/Auto Allowance 3
1. Department Heads 3
2, Designated Division Heads 3
3. Others 3
D. City Paid Physical Examinations 4
E. Bilingual Skill 4
F. Process Owner Assignment Pay 4
SECTION H—HOURS OF WORIKfOVERTIMEITIME OFF S
A. Compensatory Time/Administrative Leave/Executive Leave 5
B. Direct Deposit 5
C. Flexible and Alternative Work Schedules 5
SECTION III—HEALTH AND OTHER INSURANCE BENEFITS 6
A. Medical,Dental and Vision Insurance 6
B. Life and Accidental Death and Dismemberment Insurance 8
C. Long Term Disability Insurance 8
D. Miscellaneous 8
E. Employee Cost Sharing 9
F. Joint Cafeteria Plan Study 9
SECTION IV—RETIREMENT 9
A. Benefits 9
1. Public Employees'Retirement System 9
2. Self-Funded Supplemental Retirement Benefit 9
3. Medical Insurance for Retirees 10
4. Two Percent(2%)at Age 55 Formula 10
5. Pre-Retirement Optional Settlement 2 Death Benefit 10
6. Fourth Level of 1959 Survivor Benefits 10
B. Public Employees'Retirement System Reimbursement and Reporting 10
1. Employees' Contribution 10
SECTION V—LEA VE BENEFITS 11
A. General Leave 11
1. Accrual 11
2. Eligibility and Approval 11
3. Family Sick Leave 11
4. Conversion to Cash 11
B. Holidays 12
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C. Sick Leave 12
D. Bereavement Leave 14
SECTION VI—RETIREE SUBSIDYMEDICAL PLAN 14
1, Minimum Eligibility for Benefits 15
2. Disability Retirees 15
3. Maximum Monthly Subsidy Payments 16
SECTION VII—RULES GOVERNING LAYOFF, RED UCTION IN LIEU OF LAYOFF
AND RE-EMPL 0 YMENT 17
A. Part 1 -Layoff Procedures 17
1. General Provisions: 17
2. Service Credit: 17
3. Transfer or Reduction to Vacancies in Lieu of Layoff. 18
4. Order of Layoff: 18
5. Notification of Err�loyees: 19
B. Part 2 -Bumping Rights 20
1. Voluntary Reduction or Bumping in Lieu of Layoff: 20
2. Reinstatement/ReeMployment Lists 20
3. Qualifications Al2peal 20
4. Qualifications Appeal Hearing: 21
C. Part 3-Reemployment 21
1. Reemployment: 21
2. Status on Reemployment: 22
EXHIBIT B-NON-ASSOCIATED SALARY SCHEDULE 23
EXHIBIT C-RETIREE MEDICAL PLAN 24
EXHIBIT D - 9180 WORD SCHEDULE 29
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ODA
EXHIBIT A - NON-ASSOCIATED EMPLOYEES BENEFIT PROVISIONS
SECTION I — SPECIAL PAY
A. Education Reimbursement
Upon approval of the Department Head and the Human Resources Manager,
permanent employees may be compensated for courses from accredited educational
institutions. Tuition reimbursement shall be limited to job related courses or job related
educational degree objectives and requires prior approval by the Department Head and
Human Resources Manager.
Education costs shall be reimbursed to permanent employees on the basis of a full
refund for tuition, books, parking (if a required fee) and any other required fees upon
presentation of receipts. However, the maximum reimbursement shall be not more
than one thousand five hundred dollars ($1,500) in any fiscal year period.
Reimbursements shall be made when the employee presents proof to the Human
Resources Manager that he/she has successfully completed the course with a grade of
"C or better; or a "Pass" if taken for credit.
B. Shorthand SkillC
Effective December 21, 2002 the city shall end shorthand skill pay. All employees
receiving shorthand skill pay prior to December 21, 2002 shall continue to receive
shorthand skill pay. Those employees receiving shorthand skill pay have successfully
passed a shorthand skills test and receive additional compensation in the amount of
forty-six dollars and fifteen cents ($46.15) per bi-weekly pay period. Shorthand skills
will not be required for positions classified as Executive Assistant, Administrative
Assistant, and Administrative Secretary (Confidential).
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer and City
Attorney shall have the option of an assigned city vehicle or an auto allowance of
two hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay
period plus reimbursement of out-of-town travel at the approved mileage rate.
2. Designated Division Heads
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 one hundred sixty one dollars and fifty-four cents ($161.54) per bi-
weekly pay period plus reimbursement for out-of-town travel at the approved
mileage rate.
3. Others
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 vehicle for such business.
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D. City Paid 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:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis
and stool test for blood.
E. Bilingual Skill
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or Sign Language skills as part of their job assignment, shall be paid an
additional five-percent (5%) of their base hourly rate in addition to their regular bi-
weekly salary. Permanent employees may accept assignments utilizing bilingual skills
in other languages on a short-term assignment with approval by the City Administrator.
Such employees shall receive the additional five percent (5%) for every bi-weekly pay
period that the assignment is in effect. In order to be eligible for said compensation,
employee's language proficiency will be tested and certified by the Human Resources
Manager or designee.
F. Process Owner Assignment Pay
Those employees performing assignments designated by the city as "process owner"
assignments shall receive premium pay equal to ten percent (10%) of the employee's
base hourly rate.
Process owner assignments are designated by the employee's department head and
approved by the City Administrator or his designee. Designated employees are
responsible for JDEdwards applications setup, design, troubleshooting and training.
Process owners have system coordination responsibilities as distinguished from users
of the system.
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SECTION II — HOURS OF WORKIOVERTIMEITIME OFF
A. Compensatory Time/Administrative Leave/Executive Leave
Non-Associated "non-exempt" employees shall receive overtime pay or compensatory
time for hours worked over forty (40) hours in a work week at time and one half of the
employee's Fair Labor Standards Act (FLSA) regular rate of pay. The employee's
supervisor shall determine if employee receives overtime pay or compensatory time.
The employee's supervisor shall approve the scheduling of compensatory time used.
Once per fiscal year an employee may cash out up to sixty (60) hours of compensatory
time. The employee shall give payroll two (2) weeks advance notice of their decision to
exercise such option.
Non-Associated "Exempt" employees shall not be eligible for overtime compensation.
"Exempt" Non-Associated employees, other than department heads, shall be credited
with (40) hours of administrative leave upon working 40 hours beyond their normal work
schedule in each calendar year. Department heads may grant additional administrative
leave to "Exempt" Non-Associated employees who work more than 75 hours of
overtime per year. "Exempt" department heads shall be credited with 80 hours of
administrative leave per year.
B. Direct Deposit
All Non-Associated employees are required to utilize direct deposit of payroll checks.
C. Flexible and Alternative Work Schedules
Effective February 1, 2003, with supervisor and Department Head approval, Non-
Associated civic center (city hall and police department) employees may flex regular
scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules shall
not reduce service to the public, departmental effectiveness, productivity and/or
efficiency as determined by the City Administrator or designee.
Effective February 1, 2003 all employees will be required to take a one-hour lunch
break each work shift regardless of work schedule.
Effective February 1, 2003, Non-Associated civic center (city hall and police
department) employees will have the option of working a 5/40 or 9/80 work schedule
with supervisor and Department Head approval. In order to maintain service to the
public, departmental effectiveness, productivity and/or efficiency a Department Head
may assign an employee a different work schedule that is in compliance with the
requirements of the Fair Labor Standards Act (FLSA) with City Administrator approval.
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days
Monday through Friday each week with a one-hour lunch during each work shift,
totaling a forty (40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit D, shall be defined as working
nine (9) days for eighty (80) hours in a two week pay period by working eight (8)
days at nine (9) hours per day and working one (1) day for eight (8) hours
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(Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall not reduce service-to the
public, departmental effectiveness, productivity and/or efficiency as determined
by the City Administrator or designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. Medical. Dental and Vision Insurance
1) Medical, Dental and Vision Insurance
The city shall continue to make available group medical, dental and vision
benefits to all Non-Associated employees. The City Administrator is
authorized to modify the level of contributions (e.g. the "caps" described
below), the level of benefits, co-pays, out-of-pocket maximums, and/or other
components (the "benefits") of the group medical, dental and vision plans to
reflect changes necessary to make the benefits comparable to the benefits
provided to represented employee associations in the city.
2) City Paid Medical, Dental, and Vision Insurance -- Employee and Dependents
The city will assume payment, subject to the limitations set forth in
Article III.A.2.a-b for employees and dependents medical, dental, and vision
insurance effective the first of the month following one complete calendar
month of employment.
a. Year 2003 Premiums — The City "caps" its contributions for 2003
premiums at the level set forth in the chart below (subject to employee
cost sharing provisions in Section III.E of this resolution)
Monthly city Plan HMO Dental Dental Vision
Premium (PPO) (PMI) .
EE $ 341.62 $ 225.32 $46.97 $ 23.00 $ 18.07
EE + 1 675.54 493.75 1 89.74 39.11 1 18.07
EE + 2 or more 827.10 650.80 127.46 59.81 1 18.07
b. Future Premiums — The City "caps" its contributions toward monthly
group medical, dental and vision plan premiums, by category (EE, EE
+ 1, and EE + 2 or more) and plan, at the rate in effect January 1,
2003 for the year ending December 31 , 2003.
3) Medical Cash Out —If an employee is covered by a medical program outside
of a city-provided program (evidence of which must be supplied to the
Administrative Services Department Employee Benefits), they may elect to
discontinue city medical coverage and receive ninety-two dollars and thirty-
one cents ($92.31) bi-weekly to deposit into their Deferred Compensation
account or any other pre-tax program offered by the city.
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4) Section 125 Plan — This plan allows employees to use pre-tax salary to pay
for regular childcare, adult dependent care and/or medical expenses.
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r99 •
B. Life and Accidental Death and Dismemberment Insurance
Each Non-Associated employee 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/her own expense, to purchase additional
amounts of life insurance and accidental death and dismemberment insurance to the
extent provided by the city's current providers. Evidence of insurability is contingent
upon total participation in additional amounts.
C. Long Term Disability Insurance
This program provides for each incident of illness or injury, a waiting period of thirty (30)
calendar days during which the Non-Associated employee may use accumulated sick
leave, general leave, compensatory time off, administrative leave, executive leave pay.
Subsequent to the thirty (30) day waiting period, the employee will be covered by an
insurance plan paid for by the city providing sixty-six and two-thirds percent (66 2/3%)
of the first $12,500 of the employee's basic monthly earnings up to a maximum monthly
benefit of$8,332.50.
The maximum benefit period for disability due to injury or illness shall be to age sixty-
five (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/she is
fitted 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 continue the plan payment for three (3) months beyond death. A
copy of the plan is on file in the Administrative Services Department.
D. Miscellaneous
When a Non-Associated employee is on a leave of absence 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.
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E. Employee Cost Sharing
Starting January 4, 2003 employees will share in the city's total cost of providing
benefits (medical, dental, vision, life, and accidental death & dismemberment) with a bi-
weekly pre-tax payroll deduction in the amounts below based on the employee's usage
category of the medical benefit.
Employee Cost Per Pay Annual
Sharing Period
EE $ 6.75 $ 175.50
EE + 1 14.00 364.00
EE + 2 or more 18.90 491.40
Until the City Council approves changes to the Non-Associated Resolution, 2003 rate
caps will remain in place in 2004 and beyond, even if premium increases result in these
additional costs being borne by the employee.
F. Joint Cafeteria Plan Study
The city and two Non-Associated employees will convene an ad-hoc committee to
study a cafeteria plan for employee benefits. The ad-hoc committee will finalize its
report by June 30, 2003. The resulting report may have an effect on 2004 benefit
costs.
SECTION IV— RETIREMENT
A. Benefits
1. Public Employees' Retirement System
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.
2. Self-Funded Supplemental Retirement Benefit
In the event a Non-Associated employee member elects Option #2
(Section 21456) or Option #3 (Section 21457) 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. Unless previously
excluded by employment or resolution, eligibility for this benefit is limited to
employees hired before December 27, 1997.
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3. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non-
Associated employee shall be entitled to cause self, 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 Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA). Such participation shall be at employee's expense and upon
terms, conditions and restrictions currently in effect.
b. As an alternative to the benefit described in paragraph IV.A.3.a above, the
city will provide a financial contribution towards the cost of retiree medical
premiums as described in Section VI.
4. Two Percent (2%) at Age 55 Formula
Non-Associated employees shall be covered by the two percent at age 55
formula (2% @ 55) as identified in Section 213544.
5. Pre-Retirement Optional Settlement 2 Death Benefit
Non-Associated employees shall be covered by the Pre-Retirement Optional
Settlement 2 Death Benefit as identified in Section 21548 when approved by the
City Council.
6. Fourth Level of 1959 Survivor Benefits
Non-Associated employees shall be covered by the Fourth Level of the 1959
Survivor Benefit as identified in Section 21574 when approved by the City
Council.
B. Public Employees' Retirement System Reimbursement and Reporting
1. Employees' Contribution
Non-Associated employees shall be reimbursed bi-weekly 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 (PERS). The above PERS pickup is not base salary but is
done pursuant to Section 14(h)(2) of the Internal Revenue Code.
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SECTION V— LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leave at the accrual rates outlined below.
General leave may be used for any purpose, including vacation, sick leave, and
personal leave.
General leave for non-associated employees shall be accrued as follows:
Years of Service General Allowance
First through Fourth Year 176 hours
Fifth through Ninth Year 200 hours
Tenth through Fourteenth Year 224 hours
Fifteenth Year and Thereafter 256 hours
2. Eligibility and Approval
General leave must be pre-approved except for illness, injury or family sickness,
which may require a physician's statement for approval. Accrued general leave
may not be taken prior to six (6) months' service except for illness, injury or
family sickness. General leave accrued time is to be computed from hiring date
anniversary. Members shall not be permitted to take general leave in excess of
actual time earned. Members shall not accrue general leave in excess of six
hundred (600) hours. Employees may not use their general leave to advance
their separation date on retirement or other separation from employment.
3. Family Sick Leave
As required by law, employees will be allowed to use up to one-half of their
annual General Leave accrual for family sick leave, pursuant to the provisions of
California Family Code Section 297, et. seq.
The city will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are set
forth in the Department of Labor Regulations implementing the Family Medical
Leave Act (FMLA), and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA).
4. Conversion to Cash
a. Pay Off at Termination —An employee shall be paid for unused general leave
upon termination of employment at which time such terminating employee
shall receive compensation at their current salary rate for all unused, earned
general leave to which they are entitled up to and including the effective date
of their termination.
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.
b. Conversion to Cash -- Once during each fiscal year, each permanent
employee shall have the option to convert into a cash payment or deferred
compensation up to a total of one hundred-twenty (120) of general leave
benefits. The employee shall give payroll two (2) weeks advance notice of
their decision to exercise such option.
c. One Week Minimum Vacation Requirement
The City Administrator may require certain positions which handle money or
transfer funds to take a minimum of one week, (i.e., five consecutive work
days) paid vacation each calendar year.
B. Holidays
The following are paid eight (8) hour 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)
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.
For Civic Center holiday closure purposes, holidays which fall on Sunday shall be
observed the following Monday, and those falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual — No employee shall accrue sick leave.
2. Credit — Employees assigned to Non-Associated shall carry forward their sick
leave balance and shall no longer accrue sick leave credit.
3. Usage — Employees may use accrued sick leave for the same purposes for
which it was used prior to December 25, 1999. Sick leave shall not be used to
extend absences due to work related (industrial) injuries or illnesses, this
provision shall be added to Personnel Rule 18.10.
4. Family Sick Leave — The city will provide family and medical care leave for
eligible employees that meet all requirements of State and Federal law. Rights
and obligations are set forth in the Department of Labor Regulations
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;MA�As 410#0/A4.
implementing the Family Medical Leave Act (FMLA), and the regulations of the
California Fair Employment and Housing Commission implementing the
California Family Rights Act (CFRA).
5. Pay ff at Termination
a. Non Associated employees with continuous service with the city since
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 seven hundred and twenty
hours (720) of unused, accumulated sick leave, except as provided in
paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at
their then current rate of pay for fifty percent (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 V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non-Associated
employee shall be paid at termination for more than 720 hours of unused,
accumulated sick lave. However, employees may utilize accumulated 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 V.C.5.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 hours
accumulated. Six months after July 5, 1980, employee had accumulated
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aa40•1 .1Qp
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.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours
in each instance of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, step grandfather, step grandmother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepchildren, or wards of which the employee is the legal guardian.
SECTION VI — 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
2003 NA Resolution Final.doc 14 10/28/2002 4:11 PM
aa0aYP.,g
coverage at age 65 under the city's medical plans shall be governed by
applicable plan document.
3. 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.
D. Schedule of Benefits
1. 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.
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 $121.
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.
2003 NA Resolution Final.doc 15 10/28/2002 4:11 PM
.�b81i1�
3. 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) years, 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 Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
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.
2003 NA Resolution Final.doc 16 10/28/2002 4:11 PM
E%htb1+ "Awl Row
SECTION VII — RULES GOVERNING LAYOFF, REDUCTION IN LIEU
OF LAYOFF AND RE-EMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City
Administrator.
A. Part 1 - Layoff Procedures
1. General Provisions:
a.) Whenever it is necessary because of lack of work or funds to reduce the staff
of a city department, employees may be laid off pursuant to these rules.
b. Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantially changed
due to management-initiated changes, including but not limited to automation
or other technological changes, it is the policy of the city that steps be taken
by the Human Resources Division on an interdepartmental basis to assist
such employee in locating, preparing to qualify for, and being placed in other
positions in the competitive service. This shall not be construed as a
restriction on the city government in effecting economies or in making
organizational or other changes to increase efficiency.
c. A department shall reduce staff by identifying which positions within the
department are to be eliminated.
d. The employee who has the least city-wide service credit in the class within
the department shall have city-wide transfer rights in the class pursuant to
Part 1., Section 3., Transfer or Reduction to Vacancies in Lieu of Layoffs, or
within the occupational series pursuant to Part 2, Bumping Rights.
e. If a deadline within this procedure fails on a day the City Hall is closed, the
deadline shall be the next day City Hall is open.
2. Service Credit:
a. Service credit means total time of full-time continuous service within the city
at the time the layoff is initiated, including probation, paid leave or military
leave. Permanent part-time employees earn service credit on a pro rata
basis.
b. Except as required by law, leaves of absence without pay shall not earn
service credit.
c. As between two or more employees who have the same amount of service
credit, the employee who has the least amount of service in class shall be
deemed to be the least senior employee.
2003 NA Resolution Final.doc 17 10/28/2002 4:11 PM
3. Transfer or Reduction to Vacancies in Lieu of Layoff:
a. In lieu of layoff, a transfer within class shall be offered to an employee(s) with
the least amount of service credit in the class designated for staff reduction
within a department subject to the following:
1) The employee has the necessary qualifications to perform the duties of
the position.
2) The employee shall be given the opportunity, in order of service credit,
to accept a transfer to a vacant position in the same class within the city,
provided the employee has the necessary qualifications to perform the
duties of the position.
3) If no position in the same class is vacant, the employee shall be given
the opportunity, in order of service credit, to transfer to the position in
the same class that is held by an incumbent in another department with
the least amount of service credit whose position the employee has the
necessary qualifications to perform.
a) If an employee(s) is not eligible for transfer within the employee's
class, the employee shall be offered, in order of service credit, a
reduction to a vacant position in the next lower class within the city
in the occupational series in lieu of layoff provided the employee
has the necessary qualifications to perform the duties of the
position.
b) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
c) If the employee(s) in the class with the least amount of service
credit is in the position(s) to be eliminated or displaced by transfer,
the employee shall be offered bumping rights, pursuant to Part 2.
d) Any employee who takes a reduction to a position in a lower class
within the occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3.,
Reemployment.
4. Order of Layoff:
a. Prior to implementing a layoff, vacant positions that are authorized to be filled
shall be identified by citywide occupational series. If the employee refuses to
accept a position pursuant to Section 3., above, the employee shall be laid
off.
b. No promotional probationary employee or permanent employee within a class
in the department shall be laid off until all temporary, non-permanent part-
time and non-promotional probationary employees in the class are laid off.
2003 NA Resolution Fina!_doc 18 10/28/2002 4:11 PM
�h7bIt do"wAt4. )".
Permanent employees whose positions have been eliminated may exercise
citywide bumping rights to a lower class in the occupational series pursuant
to Part 2.
c. When a position in a class and/or occupational series is eliminated, any
employee in the class who is on authorized leave of absence or is holding a
temporary acting position in another class shall be included for determining
order of service credit and be subject to these layoff procedures as if the
employee was in his or her permanent position.
5. Notification of Employees:
a. The Human Resources Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the last
known mailing address at least fifteen (15) days prior to the effective date of
the layoff. Normally notices will be served on employees personally at work.
b. Layoff notices may be initially issued to all employees who may be subject to
layoff as a result of employees exercising voluntary reduction/bumping rights.
c. The notice of layoff shall include the reason for the layoff, the effective date of
the layoff, the employee's hire date and the employee's service credit
ranking. The notice shall also include the employee's right to bump the
person in a lower class with the least service credit within the occupational
series provided the employee possesses the necessary qualifications to
successfully perform the duties in the lower class and the employee has
more service credit than the incumbent in the lower class.
d. The written layoff notice given to an employee shall include notice that he or
she has seven (7) calendar days from the date of personal service, or date of
delivery of mail if certified, to notify the Human Resources Manager in writing
if the employee intends to exercise the employee's bumping rights, if any,
pursuant to Part 2., Bumping Rights.
e. Whenever practicable, any employee with the least amount of service credit
in a lower class within an occupational series which is identified for work force
reduction shall also be given written notice that such employee may be
bumped pursuant to Part 2. This notice shall include the items referred to in
3., above.
f. If an employee disagrees with the city's computation of service credit or listed
date of hire, the employee shall notify the Human Resources Manager as
soon as possible but in no case later than five (5) calendar days after the
personal service or certified mail delivery. Disputes regarding date of hire or
service credit shall be jointly reviewed by the Human Resources Manager
and the employee and/or the employee's representative as soon as possible,
but in no case later than five (5) calendar days from the date the employee
notifies the Human Resources Manager of the dispute. Within five (5)
2003 NA Resolution Final.doc 19 10/28/2002 4:11 PM
• y014-4•X4 .
�aa��Ioq
calendar days after the dispute is reviewed, the employee shall be notified in
writing of the decision.
B. Part 2 - Bumping Rights
1. Voluntary Reduction or Bumping in Lieu of Layoff:
a. A promotional probationary employee or permanent employee who receives
a layoff notice may request a reduction to a position in a lower class within
the occupational series provided the employee possesses the necessary
qualifications to perform the duties of the position.
b. Employees electing reduction under A. above, shall be reduced to a position
authorized to be filled in a lower class within the employee's occupational
series. The employee may reduce to a lower class in his/her occupational
series by 1) filling a vacancy in that class, or 2) if no vacancy exists,
displacing the employee in the class with the least service credit, whose
position the employee has the necessary qualifications to perform. A
displaced employee shall have bumping rights.
c. An employee who receives a layoff notice must exercise bumping rights
within seven (7) calendar days of receipt of the notice as specified in Part 1.
Failure to respond within the time limit shall result in a reputable presumption
that the employee does not intend to exercise any right of reduction or
bumping to a lower class. The employee must carry the burden of proof to
show that the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond within the
time limit was reasonable, to the Human Resources Manager's satisfaction,
the employee shall be permitted to exercise bumping rights but shall not be
reinstated to a paid position until the employee to be bumped has vacated
the position. If the employee disagrees with the Human Resources
Manager's decision, the employee may appeal pursuant to the provisions of
Sections 3 and 4 below.
2. Reinstate ment/Reemployment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on the
reinstate me nt/ree m ployment list pursuant to Part 3. Reemployment
3. Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within the
occupational series on the basis that the employee does not possess the
necessary qualifications to successfully perform the duties of the lower position
may appeal the decision. The appeal shall be filed with the Human Resources
Manager within five (5) calendar days of the employee's receipt of written notice
of the decision and reason(s) for denial. The employee's appeal shall be in
writing and shall include supporting facts or documents supporting the appeal.
2003 NA Resolution Final.doc 20 10/28/2002 4:11 PM
i * , A "
CA f0a 116 9
4. Qualifications Appeal Hearing:
a. Upon receipt of an appeal, the Human Resources Manager shall contact a
mediator from the California State Mediation and Conciliation Service to
schedule a hearing within two (2) weeks after receipt of the appeal. If the
California State Mediation and Conciliation Service is not available within that
time frame, the parties shall mutually select a person who is available within
the time frame. If the California State Mediation and Conciliation Service and
the person mutually selected are not available within the time frame, the
parties shall select the earliest date either is available to conduct the hearing.
The parties shall split the cost, if any, of the hearing officer. In addition, the
parties shall meet within three (3) workdays to attempt to resolve the dispute.
If the dispute remains unresolved, the parties shall endeavor in good faith to
submit to the hearing officer a statement of all agreed upon facts relevant to
the hearing.
b. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed
by the parties or directed by the hearing officer.
c. The hearing officer shall attempt to resolve the dispute by mutual agreement
if possible. If no agreement is reached, the hearing officer shall render a
decision at the conclusion of the hearing which shall be final and binding.
C. Part 3 - Reemployment
1. Reemployment:
a. Employees who are laid off or reduced to avoid layoff shall have their names
placed upon a reemployment list, for each class in the occupational series, in
seniority order at or below the level of the class from which laid off or
reduced.
b. Names of persons placed on the reemployment lists shall remain on the list
for two (2) years from the date of layoff or reduction.
c. Vacancies shall be filled from the reemployment list for a class, starting at the
top of the list, providing that the person meets the necessary qualifications for
the position.
d. Names of persons are to be removed from the reemployment list for a class if
on two (2) occasions they decline an offer of employment or on two (2)
occasions fail to respond to offers of employment in a particular class within
five (5) calendar days of receipt of written notice of an offer. Any employee
who is dismissed from the city service for cause shall have his or her name
removed from all reemployment lists.
e. Reemployment lists shall be available affected employees upon reasonable
request.
2003 NA Resolution Final.doc 21 10/28/2002 4:11 PM
xhibi- " " d -P Res.
0 Na•zoo;009
f. Qualifications appeals involving reemployment rights shall be resolved in the
same manner as that identified in Part 2., Section 4.
2. Status on Reemployment:
a. Persons re-employed from layoff within a two (2) year period from the date of
layoff shall receive the following considerations and benefits:
1) Service credit held upon layoff shall be restored, but no credit shall be
added for the period of layoff.
2) Prior service credit shall be counted toward sick leave and vacation
accruals.
3) Employees may cash in sick leave upon layoff or at any time after layoff
in the manner and amount set forth in existing Non-Associated
Employees Benefit Provision. Sick leave shall be paid to an employee
when the reemployment list(s) expire(s), if not previously paid.
4) Upon reinstatement the employee may have his or her sick leave re-
credited by repayment to the city the cashed amount. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
5) The employee shall be returned to the salary step of the classification
held at the time of the layoff and credited with the time previously served
at that step prior to being laid off.
6) The probationary status of the employee shall resume if incomplete.
b. Employees who have reduced to avoid layoff and are returned within two (2)
years to their former class shall be placed at the salary step of the class they
held at the time of reduction and have their merit increase eligibility date
recalculated
2003 NA Resolution Final.doc 22 10/28/2002 4:11 PM
-ig -0� A-4 - )U-
I?
EXHIBIT B - NON-ASSOCIATED SALARY SCHEDULE
Effective December 21, 2002
N... W n�0
0466 Non-Exempt Administrative Secretary NA 413 17.10 18.04 19.03 20.08 21.18
0279 Non-Exempt Personnel Assistant 414 17.18 18.13 19.13 20.18 21.29
0447 Non-Exempt Payroll Technician 420 17.73 18.70 19.73 20.81 21.95
0446 Non-Exempt Payroll Technician,Sr 439 19.48 20.55 21.68 22.87 24.13
0278 Non-Exempt Administrative Assistant 442 19.761 20.85 22.00 23.21 24.49
0061 Non-Exempt Executive Assistant 470 22.731 23.98 25.30 26.69 28.16
0005 Exempt Administrative Analyst NA 497 26.011 27.44 28.95 30.54 32.22
0453 Exempt Personnel Analyst 499 26.27 27.71 29.23 30.84 32.54
0443 Exempt Payroll Analyst 505 27.06 28.55 30.12 31.78 33.53
0063 Exempt Admin Analyst, Sr NA 525 29.91 31,55 33.28 35.11 37.04
0064 Exempt Budget Analyst, Sr 525 29.91 31.55 33.28 35.11 37.04
0464 Exempt Personnel Analyst,Senior 525 29.91 31.55 33.28 35.11 37.04
0062 Exempt Admin Analyst, Principal NA 544 32.88 34.69 36.60 38.61 40.73
0060 Exempt Personnel Analyst Principal 544 32-881 34.69 36.60 38.61 40.73
0054 Exempt Risk Manager 576 38.58 40.70 42.94 45.30 47.79
0006 Exempt Human Resources Manager 593 41,98 44.29 46.73 49.30 52.01
0055 Exempt Finance Officer 597 42.82 45.18 47.66 50.28 53.05
0078 Exempt Assistant City Attorney 614 46.62 49.18 51.89 54.74 57.75
0004 Exempt Director of Comm&Spec Pro' 592 41.77 44.07 46.49 49.05 51,75
0012 Exempt Director of Org Effectiveness 592 41.77 44.07 46.49 49.05 51.75
0007 Exempt Director of Library Services 611 45.92 48,45 51.11 53.92 56.89
0009 Exempt Director of Building&Safety 622 48.51 51.18 54.00 56.97 60.10
0013 Exempt Director of Admin Services 629 50.24 53.00 55.92 59.00 62.24
0014 Exempt Director of Community Services 629 50.24 53.00 55.92 59.00 62,24
0008 Exempt Director of Eton Development 629 50.24 53.00 55.92 59.00 62.24
0000 Exempt Director of Information Services 629 50.24 53.00 55.92 59.00 62.24
0021 Exempt Director of Planning 629 50.24 53.00 55,92 1 59.00 62.24
0010 Exempt Director of Public Works 645 54.42 57.41 60.57 63.90 67.41
0015 Exempt Fire Chief 653 156.6531 59.74 63.03 66.50 70.16
0011 Exempt Police Chief 653 1 56.63 59.74 63.03 66.50 70.16
0020 Exempt Assistant City Administrator 658 158,071 61.26 64.63 68.18 71.93
2003 NA Resolution Final.doc 23 10/28/2002 4:11 PM
414 *
�a�a9
EXHIBIT C - RETIREE MEDICAL PLAN
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES
This summary lists 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.
YEAR 2003
Benefits City Plan - Employees City Plan - Subsidized
Non-Subsidized Retirees Retirees
COBRA-eligibles
Deductible $250 per person $250 per person
$500 per family $500 per family
Maximum Out of Pocket $2,000 per person $2,000 per person
$4,000 per family $4,000 per family
Co-Insurance PPO 90% of UCR 90% of UCR
Non-PPO 50% of UCR 50% of UCR
Maximum Out of Pocket $1000 per person $1,000 per person
$2000 per family $2,000 per family
Note: Retirees who elect to participate in the city provided HMO shall be entitled to benefits of
the program chosen.
This summary has been used to list only those benefit provisions that differ between
active and subsidized Retiree Plans. Currently, there are no differences, however, this
exhibit is not intended to require that future changes to active employee benefits be
applied to retirees as well. 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.
2003 NA Resolution Final.doc 24 10/2812002 4:11 PM
EXHIBIT C �tO dot�l09
RETIREE MEDICAL PLAN
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
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. Employee Benefits shall notify covered retirees of this
opportunity each year.
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 his/her 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 $1,500 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 plant policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under Exhibit C.A.4.a
above.
2003 NA resolution Final.doc 25 10/28I2002 4:11 PM
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.
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 Foundation
for Medical Care 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. City provided HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2003 NA Resolution Final.doc 26 10/28/2002 4:11 PM
i A44.
• o� /d 9
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements.
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, the
participant pays for Part B of Medicare.
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:
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
2003 NA Resolution Final.doc 27 10/28/2002 4.11 PM
•
0 0 •ot4 a.i ya ►
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
Employee Benefits in accordance with provisions of the Non-
Associated Employees Benefit Resolution.
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.
2003 NA Resolution Final.doc 28 10/28/2002 4:11 PM
Jd9
EXHIBIT D - 9/80 WORK SCHEDULE
This work schedule is known as "9/80". The 9/80 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event
that there is a conflict with the current rules, practices and/or procedures regarding work
schedules and leave plans, there the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a
two week pay period by working eight (8) days at nine (9) hours per day and working one
(1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling
forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service
to the public, departmental effectiveness, productivity and/or efficiency as determined by
the City Administrator or designee.
A. Forty (40) Hour FLSA Work Week — The actual FLSA work week is from Friday at
mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work
schedule will be able to flex their Friday start time nor the time they take their lunch
break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work
shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA work
week is 12:00 noon Friday.
B. Two Week Pay Period — The pay period for employees starts Friday mid-shift (p.m.)
and continues for fourteen (14) days until Friday mid-shift (a.m.). During this
period, each week is made up of four (4) nine (9) hour work days (thirty-six (36)
hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours
in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which
is charged to work week one and four (4) hours for the p.m. shift, which is charged
to work week two).
C. A/B Schedules — To continue to provide service to the public every Friday,
employees are to be divided between two schedules, known as the "A" schedule
and the "B" schedule, based upon the departmental needs. For identification
purposes, the "A" schedule shall be known as the schedule with a day off on the
Friday in the middle of the pay period, or, "off on payday", the "B" schedule shall
have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday".
An example is listed below:
"ILI I wa,
a- Z!
A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 �4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
D. A/B Schedule Changes -- FLSA non-exempt employees cannot change schedules
without prior approval of their supervisor, Department Head, and the Human
Resources Manager or designee. The purpose of this authorization is to review the
impact on overtime. FLSA exempt employees may change A/B schedules at the
beginning of any pay period with supervisor and Department Head approval.
2003 NA Resolution Final.doc 29 10/28/2002 4:11 PM
E. Emergencies — All employees on the 9180 work schedule are subject to be called to
work any time to meet any and all emergencies or unusual conditions which, in the
opinion of the City Administrator, Department Head or designee may require such
service from any of said employees.
OVERTIME DEFINED
FLSA Non-Exempt Employees — All non-exempt employees under the 9180 work schedule
shall earn overtime for all hours worked after the first forty (40) hours in an FLSA work
week (Friday 12:00:00 p.m. to Friday 11:59:59 a.m.) as required under FLSA. Employees
are required to obtain supervisor authorization prior to working any overtime.
1. Overtime Compensation — As stated in Section II.A of the Non-Associated
Resolution.
2. Compensatory Time —As stated in Section II.A of the Non-Associated Resolution.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9180 work schedule, then nine
(9) hours of eligible leave per workday shall be charged against the employee's leave
balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall
continue under the current accrual, eligibility, request and approval requirements.
1. General Leave —As stated in Section V.A of the Non-Associated Resolution.
2. Sick Leave —As stated in Section V.0 of the Non-Associated Resolution.
3. Administrative Leave —As stated in Section II.A of the Non-Associated Resolution.
4. Executive Leave —As stated in Section I LA of the Non-Associated Resolution.
5. Bereavement Leave —As stated in Section V.D of the Non-Associated Resolution.
6. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Section V.B, are
earned for each holiday. For the charging of hours on a scheduled holiday,
the employee must use eight (8) hours of holiday time off and one (1) hour
from the employees General Leave, Compensatory Time, Administrative
Leave, or Executive Leave banks for a nine (9) hour workday charge or eight
(8) hours holiday time off for a Friday.
b. If a holiday falls on an FLSA non-exempt employee's Friday off, the
employee must then take the work shift before or after the holiday off with
supervisor and Department Head approval. If the employee cannot take the
work shift before or after the holiday off the employee will be granted eight (8)
hours of general leave.
2003 NA Resolution Final.doc 30 10/28/2002 4:11 PM
c. If a holiday falls on an FLSA exempt employee's Friday off, the employee
must then take the work shift before or after the holiday off with supervisor
and Department Head approval.
7. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however,
if an FLSA exempt employee is called to serve on jury duty during a normal Friday
off, Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered
the same as having occurred during the employees day off work, therefore, the
employee will receive no added compensation.
2003 NA Resolution Final.doc 31 10/28/2002 4:11 PM
NON-ASSOCIATED EMPLOYE BENEFITS R001LUTION 4�5)eh f b.0 f
TABLE OF CONTENTS ' ''Xv' 4061/o
9
EXHIBITA -NON-ASSOCIATED EMPLOYEES BENEFIT PROVISIONS 3
SUCTION I—SPECIAL PAY 3
A. Education Reimbursement 3
B. Shorthand Skill Pav 3
C. Assigned Vehicle/Auto Allowance 3
I. Department Heads 3
2. Designated Division Heads 3
3. Others 4
D. City Paid Physical Examinations 4
E. Bilingual Skill 4
F. Process Owner Assignment Pay 4
SECTION It—HOURS OF WORIUOVERTIME/TIME OFF 5
A. Compensatory Time/Administrative Leave/Executive Leave 5
B. Direct Deposit 5
C. Flexible and Alternative Work Schedules 5
SECTION III—HEALTH AND OTHER INSURANCE BENEFITS 6
A. Health Medical.Dental and Vision Insurance 6
B. Life and Accidental Death and Dismemberment Insurance 8
C. Long Term Disability Insurance 8
D. Miscellaneous 9
E. Employee Cost Sharing 9
F. Joint Cafeteria Plan Study 9
SECTION I V—RETIREMENT 10
A. Benefits 10
1. Public E to ees'Retir ment System 10
2. Self-Funded Supplemental Retirement Benefit 10
3. Medical Insurance for Retirees 10
4. Two Percent(2%)at Age 55 Formula 11
5. Pre-Retirement Optional Settlement 2 Death Benefit 11
6. Fourth Level of 1959 Survivor Benefits 11
B. Public Emplovees' Retirement System Reimbursement and Reporting 11
1. Employees' Contribution 11
SECTION V—LEAVE BENEFITS 12
A. General Leave 12
1. Accrual 12
I Eligibility and Approval 12
3. Family Sick Leave 12
4. Conversion to Cash 12
B. Holidays 14
2003 NA Resolution Draft.doc i 10/28/2002 4:08 PM
6
C. Sick Leave 14 R
D. Bereavement Leave 16
1, Fate n!W beav 16
SECTION VI—RETIREE SUBSIDY MEDICAL PLAN 16
1. Minimum Eligibility for Benefits 17
2. Disability Retirees 17
3. Maximum Montbly Subsidy Payments _ 18
SECTION VII—RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF
AND RE-EMPLOYMENT 19
A. Part 1 -Layoff Procedures 19
1. General Provisions: 19
2. Service Credit: 19
3, Transfer or Reduction to Vacancies in Lieu of Layoff-off: 20
4. Order of Lam 20
5. Notification of Emplaces: 21
B. Part 2-Bumping Rights 22
1, Voluntary Reduction or Bumping in Lieu of Lai off: 22
2. Reinstatement/Reemployment Lists 22
3. Qualifications Appeal 22
4, Qualifications Appeal Hearing: 23
C. Part 3-Reemployment 23
1. Reemployment: 23
2. Status on Reemployment: 24
EXHIBIT B-NON-ASSOCIATED SALARYSCHEDULE 25
EXHIBIT C-RETIREE MEDICAL PLAN 27
EXHIBIT D - 9180 WORK SCHEDULE 33
2003 NA Resolution Draft.doc ii 10/28/2002 4:08 PM
EXHIBIT A - NON-ASSOCIATED EMPLOYEES BENEFIT PROVISIONS
SECTION I — SPECIAL PAY
A. Education Reimbursement
Upon approval of the Department Head and the Human Resources O#ise Manager,
permanent employees may be compensated for courses from accredited educational
institutions. Tuition reimbursement shall be limited to job related courses or job related
educational degree objectives and requires prior approval by the Department Head and
Human Resources 9#+sef Manager.
Education costs shall be reimbursed to permanent employees on the basis of a full
refund for tuition, books, parking (if a required fee) and any other required fees upon
presentation of receipts. However, the maximum reimbursement shall be not more
than one thousand five hundred
dollars ($1,500) in any fiscal year period.
Reimbursements shall be made when the employee presents proof to the Human
Resources 9#isef Manager that he/she has successfully completed the course with a
grade of "C" or better; or a "Pass" if taken for credit.
B. Shorthand Skill Pay
Effective December 21, 2002 the city shall end shorthand skill pay. All employees
receiving shorthand skill pay prior to December 21, 2002 shall continue to receive
shorthand skill pay. € Those employees receiving shorthand skill pay w#e have
successfully passed a shorthand skills test and who aFe FegUiFed to use shorthand
FegWaFly on their jobs shall and receive additional compensation in the amount of one
forty-six dollars and fifteen cents ($46.15) per bi-
weekly pay period. Shorthand skills will not way be required for sslested positions
classified as Executive Assistant, Administrative Assistant, and Administrative
Secretary (Confidential).
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer and City
Attorney shall have the option of an assigned city vehicle or an auto allowance of
two hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay
period plus reimbursement of out-of-town travel at the approved mileage rate.
2. Designated Division Heads
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 one hundred sixty one dollars and fifty-four cents ($161.54) per bi-
weekly pay period plus reimbursement for out-of-town travel at the approved
mileage rate.
2003 NA Resolution Draft.doc 3 10/28/2002 4.08 PM
9
3. Others
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 vehicle for such business.
D. City Paid 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:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis
and stool test for blood.
E. Bilingual Skill
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or Sign Language skills as part of their job assignment, shall be paid an
additional five-percent (5%) of their base hourly rate in addition to their regular bi-
weekly salary. Permanent employees may accept assignments utilizing bilingual skills
in other languages on a short-term assignment with approval by the City Administrator.
Such employees shall receive the additional five percent (5%) for every bi-weekly pay
period that the assignment is in effect. In order to be eligible for said compensation,
employee's language proficiency will be tested and certified by the Human Resources
8#icer Manager or designee.
F. Process Owner Assignment Pay
Those employees performing assignments designated by the city as "process owner'
assignments shall receive premium pay equal to ten percent (10%) of the employee's
base hourly rate.
Process owner assignments are designated by the employee's department head and
approved by the City Administrator or his designee. Designated employees are
responsible for JDEdwards applications setup, design, troubleshooting and training.
Process owners have system coordination responsibilities as distinguished from users
of the system.
2003 NA Resolution Draft.doc 4 10/28/2002 4:08 PM
Y.2-1690.�.
i '
.�s
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SECTION Il — HOURS OF WORK/OVERTIME/TIME OFF
A. Compensatory Time/Administrative Leave/Executive Leave
Non-Associated "non-exempt" employees shall receive overtime pay or
compensatory time for hours worked over forty (40) hours in a work week at time
and one half of the employee's Fair Labor Standards Act (FLSA) regular rate of
pay. The employee's supervisor shall determine if employee receives overtime
pay or compensatory time. The employee's supervisor shall approve the
scheduling of compensatory time used. Once per fiscal year an employee may
cash out up to sixty (SO) hours of compensatory time. The employee shall give
payroll two (2) weeks advance notice of their decision to exercise such option.
Non-Associated "Exempt" employees shall not be eligible for overtime compensation.
However, Non Asserlated ernpleyeer, designated as "non exempt" (NE) ma�L- be
gFaRted paid OF raompensatoFy time a# at time and one half f4aF hOUPS WGFked-eyer-40
"Exempt" Non-Associated employees, other than department
heads, shall be credited with (40) hours of administrative leave upon working 40 hours
beyond their normal work schedule in each calendar year. Department heads may
grant additional administrative leave to "Exempt" Non-Associated employees who work
more than 75 hours of overtime per year. "Exempt" department heads shall be credited
with 80 hours of administrative leave per year.
B. Direct Deposit
All Non-Associated employees are shall e required to utilize direct deposit of payroll
checks. egeG iye f1 aFG1k 29, 7002.
C. Flexible and Alternative Work Schedules
Effective February 1, 2003, with supervisor and Department Head approval, Non-
Associated civic center (city hall and police department) employees may flex
regular scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex
schedules shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Administrator or
designee.
Effective February 1, 2003 all employees will be required to take a one-hour lunch
break each work shift regardless of work schedule.
Effective February 1, 2003, Non-Associated civic center (city hall and police
department) employees will have the option of working a 5/40 or 9/80 work
schedule with supervisor and Department Head approval. In order to maintain
service to the public, departmental effectiveness, productivity and/or efficiency a
Department Head may assign an employee a different work schedule that is in
compliance with the requirements of the Fair Labor Standards Act (FLSA) with
City Administrator approval.
2003 NA Resolution Draft.doc 5 10/28/2002 4:08 PM
� . �ooa-tog
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour
days Monday through Friday each week with a one-hour lunch during each
work shift, totaling a forty (40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit D, shall be defined as
working nine (9) days for eighty (80) hours in a two week pay period by
working eight (8) days at nine (9) hours per day and working one (1) day for
eight (8) hours (Friday), with a one-hour lunch during each work shift,
totaling forty (40) hours in each FLSA work week. The 9/80 work schedule
shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Administrator or
designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A. HeaM Medical, Dental and Vision Insurance
4. Medisal
e:
1) Medical, Dental and Vision Insurance
The city shall continue to make available provide group medical, dental and
vision benefits to all Non-Associated employees. with reyeFage and GtheF
The City
Administrator is authorized to modify the level of contributions (e.g. the
"caps" described below), the level of benefits, co-pays, out-of-pocket
maximums, and/or other components (the "benefits") of the group
medical, dental and vision plans benefits de6GFib9d lR this Serstien to reflect
changes necessary to make the benefits comparable to the these benefits
provided to represented employee associations other .,,,aRagers in the city.
It Eligibility f riteda .snrl CQ-c+4
4)--2) City Paid Medical, afid Dental, and Vision Insurance — Employee and
Dependents
The city will assume payment, subject to the limitations set forth in
Article III.A.1.13s.2-4 for employees and dependents medical, health
and dental, and vision insurance effective the first of the month
following one complete calendar month 38 days of employment.
2003 NA Resolution Draft.doc 6 10/28/2002 4:08 PM
aMalta MAUA
arm #
1- -.00 0
e e 2"
Famol S R92 46 112.10
2} " its Gentributions toward employee
monthly health Onsu 1 0 um6 by GategGFy (Single, Nw party, family)
the year ending D8Ge
2003 NA Resolution Draft_doc 7 10/28/2002 4:08 PM
ii
• • a40116,.1 lop
a. Year 2003 Premiums — The City "caps" its contributions for 2003
premiums at the level set forth in the chart below (subject to
employee cost sharing provisions in Section III.E of this resolution)
Monthly City dental Dental
Premium Plan HMS (PPO) (PM Q Vision
EE $ 341.62 $ 225.32 $46.97 $23.00 $ 18.07
EE + 1 675.54 493.75 89.74 39.11 18.07
F_4_E_ +'2 or more 827.10 650.80 127.46 59.81 18.07
b. Future Premiums — The City "caps" its contributions toward monthly
group medical, dental and vision plan premiums, by category (EE,
EE + 1, and EE + 2 or more) and plan, at the rate in effect January 1,
2003 for the year ending December 31, 2003.
3. Medical Cash Out —If an employee is covered by a medical program outside of
a city-provided program (evidence of which must be supplied to the
Administrative Services Department an Benefits), they may elect to
discontinue city medical coverage and receive ninety-two dollars and thirty-one
cents ($92.31) bi-weekly to deposit into their Deferred Compensation account or
any other pre-tax program offered by the city.
4. Section 125 Plan — This plan allows employees to use pre-tax salary to pay for
regular childcare, adult dependent care and/or medical expenses.
B. Life and Accidental Death and Dismemberment Insurance
Each Non-Associated employee under age slKty five (654 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/her own expense, to
purchase additional amounts of life insurance and accidental death and
dismemberment insurance to the extent provided by the city's current providers.
Evidence of insurability is contingent upon total participation in additional amounts.
C. Long Term Disability Insurance
This program provides for each incident of illness or injury, a waiting period of thirty (30)
calendar days during which the Non-Associated employee may use accumulated sick
leave, ate-general leave, compensatory time off, administrative leave, executive
leave pay. Subsequent to the thirty (30) day waiting period, the employee will be
covered by an insurance plan paid for by the city providing sixty-six and two-thirds
percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to a
maximum monthly benefit of$8,332.50.
The maximum benefit period for disability due to injury or illness shall be to age sixty-
five (65).
2003 NA Resolution Draft.doc 8 10/28t2002 4:08 PM
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/she is
fitted 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 continue the plan payment for three (3) months beyond death. A
copy of the plan is on file in the Administrative Services Department, - Fimpleyse
D. Miscellaneous
When a Non-Associated employee is on a leave of absence 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.
E. Employee Cost Sharing
Starting January 4, 2003 employees will share in the city's total cost of providing
benefits (medical, dental, vision, life, and accidental death & dismemberment)
with a bi-weekly pre-tax payroll deduction in the amounts below based on the
employee's usage category of the medical benefit.
Employee Cost Per Pay Annual
Sharing Period
E E $ 6.75 $ 175.50
EE + 1 14.00 364.00
I..EE + 2.or more 18.90 491.40
Until the City Council approves changes to the Non-Associated Resolution, 2003
rate caps will remain in place in 2004 and beyond, even if premium increases
result in these additional costs being borne by the employee.
F. Joint Cafeteria Plan Study
The city and two Non-Associated employees will convene an ad-hoc committee
to study a cafeteria plan for employee benefits. The ad-hoc committee will
finalize its report by June 30, 2003. The resulting report may have an effect on
2004 benefit costs.
2003 NA Resolution Draft.doc 9 10/28/2002 4:08 PM
SECTION IV- RETIREMENT
A. Benefits
1. Public Employees' Retirement System
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.
2. Self-Funded Supplemental Retirement Benefit
In the event a Non-Associated employee member elects Option #2
(Section 21456) or Option #3 (Section 21457) 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. Unless previously
excluded by employment or resolution, eligibility for this benefit is limited to
employees hired before December 27, 1997.
3. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non-
Associated employee shall be entitled to cause self himself OF heFself, 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 Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA) COBRA (Federal Law). Such participation shall be at
employee's expense and upon terms, conditions and restrictions currently in
effect.
b. As an alternative to the benefit described in paragraph IVf.A.34.a above, the
city will provide a financial contribution towards the cost of retiree medical
premiums as described in Section Vlf.
:-i e�,any available funds due and ewiR9 them f9F usursed sir.
W-R-w.ge benefits upon FetiFement, pFovided; however, that whenever any su
Fetir-ed employee does net have aRY suE;h available funds with which to Gaus
the premiums tG be paid, he 9F she shall have the eppeFtunity to pMvide the
2003 NA Resolution Draft.doc 10 10/28/2002 4:08 PM
� • e2 b 6 lD�
The Gity shall notify any FetiFed empleyee whose funds available for unu
GWtifTerl moil ret..rn rene�Teegquested at�the��etired employee's Fnest resent
, � va--orrrprv]�+� ���viaa-rvvvr
addFeas of reG9Fd with the ry Gity e I )ter th R three (3 months ri torior r r the date
leave dollars available to m r, or to make premium payments at-
the Gity with ��ffinieRt arlrlitinnal funds to pay premiums, the city shell hallo
�y zoo-per�-�rvnTrarrrc�mc�vrc v....... ....+....
the right to notify said retired errmnleyee in the manner nresGAbed above that
intends to cause his or her neYerage to he teFfniRated for non_n.»rmeRt of
nremiijms� rt aathe fu eF Fight ttG terminate�ueh GeY
Ar
h�+s net heen GUred within thirty_five (35) days after mailing sUnh_nntiGe
e
whereupon
any funds due and ewino him or her for unused siG leave benefits that have
not hear. exhausted to pay these health shall be paid ;R
the City Gf SUGh > pFovided, howeVeF,
alerts tg t Verage he er a shag be—nre.+l� ded fmm
�svcQ-zv-s r G � £���rrur� na—p��vruuvcr-mrrr
senr0ng it at a later mate at the group rate
4. Two Percent(2%) at Age 55 Formula
Non-Associated employees shall be covered by the two percent at age 55
formula (2% @ 55) as identified in Section 21354.
5. Pre-Retirement Optional Settlement 2 Death Benefit
Non-Associated employees shall be covered by the Pre-Retirement
Optional Settlement 2 Death Benefit as identified in Section 21548 when
approved by the City Council
6. Fourth Level of 1959 Survivor Benefits
Non-Associated employees shall be covered by the Fourth Level of the
1959 Survivor Benefit as identified in Section 21574 when approved by the
City Council.
B. Public Emplovees' Retirement System Reimbursement and Reporting
1. Employs' Contribution
Non-Associated employees shall be reimbursed bi-weekly 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 (PERS). The above PERS pickup is not base salary but is
done pursuant to Section 14(h)(2) of the Internal Revenue Code.
2003 NA Resolution Draft.doc 11 10/28/2002 4:08 PM
i .a "n 9
SECTION V— LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leave at the accrual rates outlined below.
General leave may be used for any purpose, including vacation, sick leave, and
personal leave.
General leave for non-associated employees shall be accrued as follows:
Years of Service General Allowance
First throu h Fourth Year 176 hours
Fifth through Ninth Year 200 hours
Tenth through Fourteenth Year 224 hours
Fifteenth Year and Thereafter 256 hours
2. Eligibility and Approval
General leave must be pre-approved except for illness, injury or family sickness,
which may require a physician's statement for approval. Accrued general leave
may not be taken prior to six (6) months' service except for illness, injury or
family sickness. General leave accrued time is to be computed from hiring date
anniversary. Members shall not be permitted to take general leave in excess of
actual time earned. Members shall not accrue general leave in excess of six
hundred (600) hours. Employees may not use their general leave to advance
their separation date on retirement or other separation from employment.
3. Family Sick Leave
As required by law, employees will be allowed to use up to one-half of their
annual General Leave accrual for family sick leave, pursuant to the
provisions of California Family Code Section 297, et. seq.
The city will provide family and medical care leave for eligible employees
that meet all requirements of State and Federal law. Rights and obligations
are set forth in the Department of Labor Regulations implementing the
Family Medical Leave Act (FMLA), and the regulations of the California Fair
Employment and Housing Commission implementing the California Family
Rights Act (CFRA).
4. Conversion to Cash
a. Pay Off at Termination — An employee shall be paid for unused general leave
upon termination of employment at which time such terminating employee
shall receive compensation at their his/he f current salary rate for all unused,
earned general leave to which they are "�'r,c+he is entitled up to and including
the effective date of their his/he termination.
2003 NA Resolution Draft.doc 12 10/28/2002 4:08 PM
ep6 0 A4�0 .
� 9
b. Conversion to Cash - Once during each fiscal year, each permanent
employee shall have the option to convert into a cash payment or deferred
compensation up to a total of one hundred-twenty (120) of general leave
benefits. The employee shall give payroll two (2) weeks advance notice of
their his F h decision to exercise such option.
the City out of any ay 'il-ah-le f. nCIA cl,.9 and UF;d9F terms of the
agreement foF unused sirk leave or geneiral leave )n retiremeFA-.
d. One Week Minimum Vacation Requirement
The City Administrator may require certain positions which handle money or
transfer funds to take a minimum of one week, (i.e., five consecutive work
days) paid vacation each calendar year.
2003 NA Resolution Draft.doc 13 10/28/2002 4:08 AM
B. Holidays
The following are paid eight (8) hour 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,-unless-des0^^ r, a different date b
Gity )
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
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.
For Civic Center holiday closure purposes, holidays which fall on Sunday shall be
observed the following Monday, and those falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual - No employee shall accrue sick leave after Des;eFnber 24- 1°°°.
2. Credit - Employees assigned to Non-Associated shall carry forward their sick
leave balance and shall no longer accrue sick leave credit.
3. Usage - Employees may use accrued sick leave for the same purposes for
which it was used prior to December 25, 1999. Sick leave shall not be used to
extend absences due to work related (industrial) injuries or illnesses, this
provision shall be added to Personnel Rule 18.10.
4. Family Sick Leave - The city will provide family and medical care leave for
eligible employees that meet all requirements of State and Federal law.
Rights and obligations are set forth in the Department of Labor
Regulations Implementing the Family Medical Leave Act (FMLA), and the
regulations of the California Fair Employment and Housing Commission
implementing the California Family Rights Act (CFRA).
SiGk leave mR�y be used for an absenre due to illness of the empleyee'S spGU69
absenG96 6hall be limited to five (5) days p year-.
2003 NA Resolution Draft.doc 14 10/28/2002 4.08 PM
5. Pay Off at Termination
a. Non Associated employees with continuous service with the city since
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 seven hundred and twenty
hours (720) of unused, accumulated sick leave, except as provided in
paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at
their then current rate of pay for fifty percent (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 V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non-Associated
employee shall be paid at termination for more than 720 hours of unused,
accumulated sick lave. However, employees may utilize accumulated 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 V.C.5.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 hours
accumulated. Six months after July 5, 1980, employee had 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.)
2003 NA Resolution Draft.doc 15 10/28/2002 4:08 PM
YLo . o?6
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours
in each instance of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, step grandfather, step grandmother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepchildren, or wards of which the employee is the legal guardian.
E. Pat ff nty I eave
leave,FatheFs may utilize aGGWmuIat9d riGk leave in addition te GompensateFy, general and
administrative
Ghildr FROFe than one*s bem or adoptedat the same time) up to a total of 160
hours,
SECTION VI — 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
2003 NA Resolution ❑raft.doc 16 10/28/2002 4:08 PM
O 4 -/Oc
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 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.
D. Schedule of Benefits
1. 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.
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 $121.
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.
2003 NA Resolution araft.doc 17 10/28/2002 4:08 PM
3. 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) years, 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 Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
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.
2003 NA Resolution Draft_doc 18 10/28/2002 4:08 PM
t
y�•4 . o?O e2 /d
SECTION VII — RULES GOVERNING LAYOFF, REDUCTION IN LIEU
OF LAYOFF AND RE-EMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City
Administrator.
A. Part 1 - Layoff Procedures
1. General Provisions:
a.) Whenever it is necessary because of lack of work or funds to reduce the staff
of a city department, employees may be laid off pursuant to these rules.
b. Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantially changed
due to management-initiated changes, including but not limited to automation
or other technological changes, it is the policy of the city that steps be taken
by the Human Resources Division on an interdepartmental basis to assist
such employee in locating, preparing to qualify for, and being placed in other
positions in the competitive service. This shall not be construed as a
restriction on the city government in effecting economies or in making
organizational or other changes to increase efficiency.
c. A department shall reduce staff by identifying which positions within the
department are to be eliminated.
d. The employee who has the least city-wide service credit in the class within
the department shall have city-wide transfer rights in the class pursuant to
Part 1 ., Section 3., Transfer or Reduction to Vacancies in Lieu of Layoffs, or
within the occupational series pursuant to Part 2, Bumping Rights.
e. If a deadline within this procedure falls on a day the City Hall is closed, the
deadline shall be the next day City Hall is open.
2. Service Credit:
a. Service credit means total time of full-time continuous service within the city
at the time the layoff is initiated, including probation, paid leave or military
leave. Permanent part-time employees earn service credit on a pro rata
basis.
b. Except as required by law, leaves of absence without pay shall not earn
service credit.
c. As between two or more employees who have the same amount of service
credit, the employee who has the least amount of service in class shall be
deemed to be the least senior employee.
2003 NA Resolution Draft.doc 19 10/28/2002 4:08 PM
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a�
3. Transfer or Reduction to Vacancies in Lieu of La off:
a. In lieu of layoff, a transfer within class shall be offered to an employee(s) with
the least amount of service credit in the class designated for staff reduction
within a department subject to the following:
1) The employee has the necessary qualifications to perform the duties of
the position.
2) The employee shall be given the opportunity, in order of service credit,
to accept a transfer to a vacant position in the same class within the city,
provided the employee has the necessary qualifications to perform the
duties of the position.
3) If no position in the same class is vacant, the employee shall be given
the opportunity, in order of service credit, to transfer to the position in
the same class that is held by an incumbent in another department with
the least amount of service credit whose position the employee has the
necessary qualifications to perform.
a) If an employee(s) is not eligible for transfer within the employee's
class, the employee shall be offered, in order of service credit, a
reduction to a vacant position in the next lower class within the city
in the occupational series in lieu of layoff provided the employee
has the necessary qualifications to perform the duties of the
position.
b) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
c) If the employee(s) in the class with the least amount of service
credit is in the position(s) to be eliminated or displaced by transfer,
the employee shall be offered bumping rights, pursuant to Part 2.
d) Any employee who takes a reduction to a position in a lower class
within the occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3.,
Reemployment.
4. Order of Layoff:
a. Prior to implementing a layoff, vacant positions that are authorized to be filled
shall be identified by citywide occupational series. If the employee refuses to
accept a position pursuant to Section 3., above, the employee shall be laid
Off.
b. No promotional probationary employee or permanent employee within a class
in the department shall be laid off until all temporary, non-permanent part-
time and non-promotional probationary employees in the class are laid off.
2003 NA Resolution Draft.doc 20 10/28/2002 4:08 PM
# ,�'�
o '
Permanent employees whose positions have been eliminated may exercise
citywide bumping rights to a lower class in the occupational series pursuant
to Part 2.
c. When a position in a class and/or occupational series is eliminated, any
employee in the class who is on authorized leave of absence or is holding a
temporary acting position in another class shall be included for determining
order of service credit and be subject to these layoff procedures as if the
employee was in his or her permanent position.
5. Notification of Employees:
a. The Human Resources Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the last
known mailing address at least fifteen (15) days prior to the effective date of
the layoff. Normally notices will be served on employees personally at work.
b. Layoff notices may be initially issued to all employees who may be subject to
layoff as a result of employees exercising voluntary reductionlbumping rights.
c. The notice of layoff shall include the reason for the layoff, the effective date of
the layoff, the employee's hire date and the employee's service credit
ranking. The notice shall also include the employee's right to bump the
person in a lower class with the least service credit within the occupational
series provided the employee possesses the necessary qualifications to
successfully perform the duties in the lower class and the employee has
more service credit than the incumbent in the lower class.
d. The written layoff notice given to an employee shall include notice that he or
she has seven (7) calendar days from the date of personal service, or date of
delivery of mail if certified, to notify the Human Resources Manager Q#iw in
writing if the employee intends to exercise the employee's bumping rights, if
any, pursuant to Part 2., Bumping Rights.
e. Whenever practicable, any employee with the least amount of service credit
in a lower class within an occupational series which is identified for work force
reduction shall also be given written notice that such employee may be
bumped pursuant to Part 2. This notice shall include the items referred to in
3., above.
f. If an employee disagrees with the city's computation of service credit or listed
date of hire, the employee shall notify the Human Resources Manager
Officer- as soon as possible but in no case later than five (5) calendar days
after the personal service or certified mail delivery. Disputes regarding date
of hire or service credit shall be jointly reviewed by the Human Resources
Manager OiGA and the employee and/or the employee's representative as
soon as possible, but in no case later than five (5) calendar days from the
date the employee notifies the Human Resources Manager OAGer of the
2003 NA Resolution Draft.doc 21 10/28/2002 4.08 PM
ha g
dispute. Within five (5) calendar days after the dispute is reviewed, the
employee shall be notified in writing of the decision.
B. Part 2 - Bumping Rights
1. Voluntary Reduction or Bumping in Lieu of Layoff:
a. A promotional probationary employee or permanent employee who receives
a layoff notice may request a reduction to a position in a lower class within
the occupational series provided the employee possesses the necessary
qualifications to perform the duties of the position.
b. Employees electing reduction under A. above, shall be reduced to a position
authorized to be filled in a lower class within the employee's occupational
series. The employee may reduce to a lower class in his/her occupational
series by 1) filling a vacancy in that class, or 2) if no vacancy exists,
displacing the employee in the class with the least service credit, whose
position the employee has the necessary qualifications to perform. A
displaced employee shall have bumping rights.
c. An employee who receives a layoff notice must exercise bumping rights
within seven (7) calendar days of receipt of the notice as specified in Part 1.
Failure to respond within the time limit shall result in a reputable presumption
that the employee does not intend to exercise any right of reduction or
bumping to a lower class. The employee must carry the burden of proof to
show that the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond within the
time limit was reasonable, to the Human Resources Manager's QMG94
satisfaction, the employee shall be permitted to exercise bumping rights but
shall not be reinstated to a paid position until the employee to be bumped has
vacated the position. If the employee disagrees with the Human Resources
Manager's Q#'ise4 decision, the employee may appeal pursuant to the
provisions of Sections 3 and 4 below.
2. Reinstatement/Reem to ment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list pursuant to Part 3. Reemployment
3. Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within the
occupational series on the basis that the employee does not possess the
necessary qualifications to successfully perform the duties of the lower position
may appeal the decision. The appeal shall be filed with the Human Resources
Manager 9ff+ser within five (5) calendar days of the employee's receipt of written
notice of the decision and reason(s) for denial. The employee's appeal shall be
in writing and shall include supporting facts or documents supporting the appeal.
2003 NA Resolution Oraft.doc 22 10/28/2002 4:08 PM
• as e z-1a 9
4. Qualifications Appeal Hearing:
a. Upon receipt of an appeal, the Human Resources Manager 8fAE;er shall
contact a mediator from the California State Mediation and Conciliation
Service to schedule a hearing within two (2) weeks after receipt of the
appeal. If the California State Mediation and Conciliation Service is not
available within that time frame, the parties shall mutually select a person
who is available within the time frame. If the California State Mediation and
Conciliation Service and the person mutually selected are not available within
the time frame, the parties shall select the earliest date either is available to
conduct the hearing. The parties shall split the cost, if any, of the hearing
officer. In addition, the parties shall meet within three (3) workdays to attempt
to resolve the dispute. If the dispute remains unresolved, the parties shall
endeavor in good faith to submit to the hearing officer a statement of all
agreed upon facts relevant to the hearing.
b. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed
by the parties or directed by the hearing officer.
c. The hearing officer shall attempt to resolve the dispute by mutual agreement
if possible. If no agreement is reached, the hearing officer shall render a
decision at the conclusion of the hearing which shall be final and binding.
C. Part 3 - Reemployment
1. Reemployment:
a. Employees who are laid off or reduced to avoid layoff shall have their names
placed upon a reemployment list, for each class in the occupational series, in
seniority order at or below the level of the class from which laid off or
reduced.
b. Names of persons placed on the reemployment lists shall remain on the list
for two (2) years from the date of layoff or reduction.
c. Vacancies shall be filled from the reemployment list for a class, starting at the
top of the list, providing that the person meets the necessary qualifications for
the position.
d. Names of persons are to be removed from the reemployment list for a class if
on two (2) occasions they decline an offer of employment or on two (2)
occasions fail to respond to offers of employment in a particular class within
five (5) calendar days of receipt of written notice of an offer. Any employee
who is dismissed from the city service for cause shall have his or her name
removed from all reemployment lists.
e. Reemployment lists shall be available affected employees upon reasonable
request.
2003 NA Resolution Draft.doc 23 10/28/2002 4:08 PM
a
f. Qualifications appeals involving reemployment rights shall be resolved in the
same manner as that identified in Part 2., Section 4.
2. Status on Reemployment:
a. Persons re-employed from layoff within a two (2) year period from the date of
layoff shall receive the following considerations and benefits:
1 Service credit held upon layoff shall be restored, but no credit shall be
added for the period of layoff.
2) Prior service credit shall be counted toward .sick leave and vacation
accruals.
3) Employees may cash in sick leave upon layoff or at any time after layoff
in the manner and amount set forth in existing Non-Associated
Employees Benefit Provision. Sick leave shall be paid to an employee
when the reemployment list(s) expire(s), if not previously paid.
4) Upon reinstatement the employee may have his or her sick leave re-
credited by repayment to the city the cashed amount. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
5) The employee shall be returned to the salary step of the classification
held at the time of the layoff and credited with the time previously served
at that step prior to being laid off.
6) The probationary status of the employee shall resume if incomplete.
b. Employees who have reduced to avoid layoff and are returned within two (2)
years to their former class shall be placed at the salary step of the class they
held at the time of reduction and have their merit increase eligibility date
recalculated
2003 NA Resolution Draft.doc 24 10/28/2002 4:08 PM
b
Effective December 21, 2002
0466 Non-Exempt Administrafive Secretary NA 413 17.10 18.04 19.03r22.8724.13
0279 Non-Exempt Personnel Assistant 414 17.18 18.13 19.13
0447 Non-Exempt Payroll Technician 420 17.73 18.70 19.73
0446 Non-Exempt _Payroll Technician, Sr 439 19.48 2 ..55 21.68
0278 Non-Exempt Administrative Assistant 442 19.76 20.85 22.00 23.21 24.49
0061 Non-Exempt Executive Assistant 470 22.73 23.98 25.30 26.69 28.16
0005 Exempt Administrative Analyst NA 497 26.01 27.44 2$.95 30.54 32.22
0453 Exempt Personnel Analyst 499 26.27 27.71 29.23 30.84 32.54
0443 Exempt Payroll Analyst 505 27.06 28.55 30.12 31.78 33.53
0063 Exempt Admin Anal st, Sr NA 525 29.91 31.55 33.28 35.11 37.04
0064 Exempt Budget Analyst,Sr 525 29.91 31.55 33.28 35.11 37.04
0464 Exempt Personnel Analyst, Senior 525 29.91 31.55 33.28 35.11 37.04
0062 Exempt Admin Analyst, Principal NA 544 132-88 34.69 36.60 38.61 40.73
0060 Exempt Personnel Analyst Principal 544 32.88 34.69 36.60 38.61 40.73
0054 Exempt Risk ManaCler 576 38.581 40.70 42.94 45.30 47.79
0006 Exempt Human Resources Manager 593 41.98 44.29 46.73 49.30 52.01
0055 Exempt Finance Officer 597 42.82 45.18 47.66 50.28 53.05
0078 Exempt Assistant Cily Attorney 614 46.62 49.18 51.89 54.74 57.75
0004 Exempt Director of Comm&Spec Pro' 592 41.77 44.07 46.49 49.05 51.75
0012 Exempt Director of Org Effectiveness 592 41.77 44.07 46.49 49.05 51.75
0007 Exempt Director of Library Services 611 45.92 48.45 51.11 53.92 56.89
0009 Exempt Director of Building&Safety 622 48.511 51.18 54.00 1 56.97 60.10
0013 Exempt Director of Admin Services 629 50-241 53.00 55.92 59.00 62.24
0014 Exempt Director of Community Services 629 50.241 53,00 55.92 59.00 62.24
0008 Exempt Director of Econ Development 629 50-241 53.00 55.92 59.00 62.24
0000 Exempt Director of Information Services 629 50.24 53.00 55.92 59.00 62.24
0021 Exempt Director of Planning 629 50.24 53.00 55.92 59.00 62.24
0010 Exempt Director of Public Works 645 54.42 57.41 60.57 63.90 67.41
0015 Exempt Fire Chief 653 56.63 59.74 63.03 66.50 70.16
0011 Exempt Police Chief 653 56.63 59.74 63.03 66.50 70.16
0020 Exempt _Assistant C' Administrator 1 65$ 158.071 61.26 64.63 68.18 71.93
2003 NA Resolution Draft.doc 26 10/28/2002 4:08 PM
II� rl�
EXHIBIT C - RETIREE MEDICAL PLAN
INDEMNITY HEALTH PLAN, EMPLOYEESIRETIREES
This summary lists 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.
YEAR 2002
Benefit /"'i} l,1 F1 Employees�e�f@fit8 v�rty 1 -ILTT'C7TIFJTGT'Q'Or0'
Nen-C- h-Gidized l�efiraon C}et
-- cvm,ccnr'c.c-o
COBRA el igiales
Deduc%ble per family Q
May4riu m O U4 Of L7Gn1i'+# $4000 pf Pef�R $1500 PeFGGA
-$ 00 p"`e family inn pee family
YEAR 2002
Nen_PP O ef WGR 50% of UGR
MaAmum Out of Per. $a 000 PeFpe%ee $1,000 PeF-BAR
$ 999-peF family $2,090-per familJ
YEAR 2003
Benefits City Plan - Employees City Plan - Subsidized
Non-Subsidized Retirees Retirees
COBRA-eligibles
Deductible $250 per person $250 per person
$500 per family $500 per family
Maximum Out of Pocket $2,000 per person $2,000 per person
$4,000 per family $4,000 per family
Co-Insurance PPO 90% of UCR 90% of UCR
Non-PPO 50% of UCR 50% of UCR
Maximum Out of Pocket $1000 per person $1,000 per person
$2000 per family $2,000 per family
2003 NA Resolution Draft.doc 27 10/28/2002 4:08 PM
/-w "
Note: Retirees who elect to participate in the city provided HMO Health:e shall be entitled
to benefits of the program chosen.
This summary has been used to list only those benefit provisions that differ between active and
subsidized Retiree Plans. Currently, there are no differences, however, this exhibit is not
intended to require that future changes to active employee benefits be applied to retirees as
well. 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.
2003 NA Resolution Draft.doc 28 10128t2002 4:08 PM
i .•e
EXHIBIT C °
RETIREE MEDICAL PLAN
RETIREE SUBSIDY MEDICAL PLANIMISCELLANEOUS PROVISIONS
A. Eligibility:
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. Employee Benefits shall notify covered retirees of this
opportunity each year.
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 his/her 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 $1,500 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 Exhibit C.A.4.a
above.
2003 NA Resolution Draft.doc 29 10/28/2002 4:08 PM
9
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.
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 Foundation
for Medical Care 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. City provided HMO u^^',ZG"alth N .
c. Part A of Medicare for those retirees not eligible for paid Part A.
2003 NA Resolution Draft.doc 30 10/2812002 4:08 PM
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements.
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, the
participant pays for Part B of Medicare.
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:
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
2003 NA Resolution araft.doc 31 10/28/2002 4:08 PM
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.
I Retiree Subsidy Medical Plan and COBRA participants shall be notified
of non-payment of premium by means of a certified letter from
Employee Benefits in accordance with provisions of the Non-
Associated Employees Benefit Resolution.
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.
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EXHIBIT D -9180 WORK SCHEDULE
This work schedule is known as "9180". The 9/80 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the
event that there is a conflict with the current rules, practices and/or procedures
regarding work schedules and leave plans, then the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80)
hours in a two week pay period by working eight (8) days at nine (9) hours per day
and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during
each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work
schedule shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Administrator or designee.
A. Forty (40) Hour FLSA Work Week—The actual FLSA work week is from Friday
at mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80
work schedule will be able to flex their Friday start time nor the time they take
their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All
employee work shifts will start at 8:00 a.m. on their Friday worked. The start
of the FLSA workweek is 12:00 noon Friday.
B. Two Week Pay Period — The pay period for employees starts Friday mid-shift
(p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.).
During this period, each week is made up of four (4) nine (9) hour work days
(thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal
forty (40) work hours in each work week (e.g. the Friday is split into four (4)
hours for the a.m. shift, which is charged to work week one and four (4) hours
for the p.m. shift, which is charged to work week two).
C. A/B Schedules — To continue to provide service to the public every Friday,
employees are to be divided between two schedules, known as the "A"
schedule and the "B" schedule, based upon the departmental needs. For
identification purposes, the "A" schedule shall be known as the schedule
with a day off on the Friday in the middle of the pay period, or, "off on
payday", the "B" schedule shall have the first Friday (p.m.) and the last
Friday (a.m.) off, or "working on payday". An example is listed below:
A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
D. A/B Schedule Changes -- FLSA non-exempt employees cannot change
schedules without prior approval of their supervisor, Department Head, and
the Human Resources Manager or designee. The purpose of this
authorization is to review the impact on overtime. FLSA exempt employees
may change A/B schedules at the beginning of any pay period with
supervisor and Department Head approval.
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0 0 Ylo . o?a Za 01
E. Emergencies - All employees on the 9180 work schedule are subject to be
called to work any time to meet any and all emergencies or unusual
conditions which, in the opinion of the City Administrator, Department Head
or designee may require such service from any of said employees.
OVERTIME DEFINED
FLSA Non-Exempt Employees - All non-exempt employees under the 9/80 work
schedule shall earn overtime for all hours worked after the first forty (40) hours in an
FLSA work week (Friday 12:00:00 p.m. to Friday 11:59:59 a.m.) as required under
FLSA. Employees are required to obtain supervisor authorization prior to working
any overtime.
1. Overtime Compensation - As stated in Section II.A of the Non-Associated
Resolution.
2. Compensatory Time - As stated in Section II.A of the Non-Associated
Resolution.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule,
then nine (9) hours of eligible leave per workday shall be charged against the
employee's leave balance or eight (8) hours shall be charged if the day off is a
Friday. All leaves shall continue under the current accrual, eligibility, request and
approval requirements.
1. General Leave -As stated in Section V.A of the Non-Associated Resolution.
2. Sick Leave - As stated in Section V.0 of the Non-Associated Resolution.
3. Administrative Leave - As stated in Section II.A of the Non-Associated
Resolution.
4. Executive Leave -As stated in Section II.A of the Non-Associated Resolution.
5. Bereavement Leave - As stated in Section V.D of the Non-Associated
Resolution.
6. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Section V.B,
are earned for each holiday. For the charging of hours on a scheduled
holiday, the employee must use eight (8) hours of holiday time off and
one (1) hour from the employees General Leave, Compensatory Time,
Administrative Leave, or Executive Leave banks for a nine (9) hour
workday charge or eight (8) hours holiday time off for a Friday.
b. If a holiday falls on an FLSA non-exempt employee's Friday off, the
employee must then take the work shift before or after the holiday off
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with supervisor and Department Head approval. If the employee cannot
take the work shift before or after the holiday off the employee will be
granted eight (8) hours of general leave.
c. If a holiday falls on an FLSA exempt employee's Friday off, the
employee must then take the work shift before or after the holiday off
with supervisor and Department Head approval.
7. Jury Duty - The provisions of the Personnel Rules shall continue to apply,
however, if an FLSA exempt employee is called to serve on jury duty during a
normal Friday off, Saturday, or Sunday, or on a city holiday, then the jury duty
shall be considered the same as having occurred during the employees day
off work, therefore, the employee will receive no added compensation.
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Res. No. 2002-109
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-off icio 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 an adjourned regular meeting thereof held
on the Gth day of November, 2002 by the following vote:
AYES: Green, Dettloff, Cook, Houchen, Winchell, Bauer
NOES: Boardman
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California