HomeMy WebLinkAboutCity Council - 2007-27 RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA)
AND THE CITY OF HUNTINGTON BEACH FOR JULY 1, 2006
THROUGH JUNE 30, 2008.
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Fire Management Association ("HBFMA"), a copy of which is attached
hereto as Exhibit A and by reference made a part hereof, is hereby approved and ordered
implemented in accordance with the terms and conditions thereof, and the City Administrator is
authorized to execute this Agreement. Such Memorandum of Understanding shall be effective
for the term of July 1, 2006, through June 30, 2008.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of Apri 1 , 200 7 .
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
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INMATED AND APPROVED: -
Deputy City Administrator-City Services
07-940/8920
Resolution No.2007-27
Exhibit"A"
Memorandum of Understanding
Between
Huntington Beach
Fire Management Association
And
City of Huntington Beach
July 1 , 2006 - June 30, 2008
MEMORANDUM OF UNDERSTANDINGEesolution No.2007-27
xhibit A
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
PREAMBLE.....................................................................................................................1
ARTICLE1 —TERM OF MOU..........................................................................................1
ARTICLE II — REPRESENTATIONAL UNIT...................................................................1
ARTICLE III - SEVERABILITY........................................................................................1
ARTICLE IV— MANAGEMENT RIGHTS ........................................................................2
ARTICLE V — SALARY SCHEDULES AND RETIREMENT ...........................................2
A. MONTHLY COMPENSATION.....................................................................................................2
B. WAGE INCREASES ................................................................................................................2
C. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM(CALPERS) PICK-UP..........................2
D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT.............................................................3
E. MEDICAL INSURANCE UPON RETIREMENT...............................................................................3
F. CALPERS ADDITIONAL BENEFITS..........................................................................................4
G. DIRECT DEPOSIT...................................................................................................................4
ARTICLE VI —ADDITIONAL MANAGEMENT BENEFITS .............................................4
A. EDUCATIONAL TUITION..........................................................................................................4
B. HOLIDAY PAY-IN-LIEU ...........................................................................................................5
C. BILINGUAL SKILL PAY............................................................................................................6
D. PROFESSIONAL ACHIEVEMENT AWARD................................................................_..................6
ARTICLE VII — UNIFORMS.............................................................................................6
ARTICLE VIII —WORK SCHEDULE/COMPENSATORY PAY/TIME OFF .....................6
A. WORK SCHEDULE.................................................................................................................6
B. COMPENSATORY PAY............................................................................................................7
1. Prior Approval to Earn Compensatory Time......................................................................................... 7
2. Prior Approval to Work any Hours in Addition to Regular Schedule.................................................... 7
3. Description of Compensatory Benefits................................................................................................. 7
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FMA MOU FINAL 2006-2008
Resolution No.2007-27
MEMORANDUM OF UNDERSTANDINCZ hibit"A"
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE IX- HEALTH AND OTHER INSURANCE BENEFITS ...................................7
A. HEALTH................................................................................................................................7
1. Effective Date of Coverage.............................................................................................................. 7
2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and
HospitalCare Act(PEMHCA)..........................................................................................................8
a. PEMHCA Employer Contributions...............................................................................................8
b. Maximum Employer Contributions.............................................................................................. 8
3. Dental Insurance..............................................................................................................................9
4. Retiree(Annuitant) Coverage.......................................................................................................... 9
a. City Contribution (Unequal Contribution Method)for Retirees.................................................... 9
b. Termination of Participation in the CaIPERS PEMHCA Program—Impact to Retirees............ 10
5. Additional Costs for Participation in the PEMHCA Program.......................................................... 10
a. Retiree and/or Annuitant Coverage........................................................................................... 10
b. Termination Clause................................................................................................................... 11
6. Medical Cash-Out.......................................................................................................................... 11
B. SECTION 125 EMPLOYEE PLAN............................................................................................11
C. POST RETIREMENT MEDICAL SAVINGS PLAN.........................................................................11
D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT............................................................11
E. LONG TERM DISABILITY INSURANCE.....................................................................................12
F. MISCELLANEOUS.................................................................................................................12
1. City Paid Premiums While on Medical Disability........................................................................... 12
2. Insurance and Benefits Advisory Committee................................................................................. 12
3. Health Plan Over-Payments.......................................................................................................... 12
a. Reduction of Employee's Bi-Weekly Salary Warrant................................................................ 13
b. Notice of Ineligible Dependents................................................................................................. 13
c. Twelve Month Recovery Period................................................................................................. 13
ARTICLE X LEAVE BENEFITS....................................................................................13.
A. GENERAL LEAVE.................................................................................................................13
1. Accrual........................................................................................................................................... 13
2. Eligibility and Approval................................................................................................................... 14
3. Conversion to Cash....................................................................................................................... 14
B. SICK LEAVE........................................................................................................................15
1. Accrual........................................................................................................................................... 15
2. Credit............................................................................................................................................. 15
3. Usage ............................................................................................................................................ 15
4. Family Sick Leave.......................................................................................................................... 15
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FMA MOU FINAL 2006-2008
MEMORANDUM OF UNDERSTANDIN�esoiution No.2007-27
xhibit A
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
5. Pay Off At Termination.................................................................................................................. 15
C. BEREAVEMENT LEAVE.........................................................................................................17
ARTICLE XI — CITY RULES .........................................................................................17
ARTICLE XII — MISCELLANEOUS...............................................................................17
A. VEHICLE POLICY.................................................................................................................17
B. DEFERRED COMPENSATION LOAN PROGRAM........................................................................18
C. ASSOCIATION BUSINESS......................................................................................................18
D. MODIFIED RETURN TO WORK POLICY..................................................................................18
E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING...............................................................18
F. GRIEVANCE HEARING OFFICER FEES...................................................................................18
G. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ..................................................................19
ARTICLE XIII — CITY COUNCIL APPROVAL...............................................................20
EXHIBIT A— SALARY SCHEDULE..............................................................................21
EXHIBIT B— SERVICE CREDIT SUBSIDY..................................................................23
EXHIBIT C —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .........27
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FMA MOU FINAL 2006-2008
Resolution No.2007-27
Exhibit"A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS, the City of Huntington Beach and the Huntington Beach Fire Management
Association (FMA) have met and conferred in good faith with respect to salaries,
benefits and other terms and conditions of employment for the employees represented
by the Association;
Except as expressly provided herein, the adoption of this Memorandum of
Understanding (MOU) shall not change existing terms and conditions of employment,
which have been established for the classifications represented by the Huntington
Beach Fire Management Association.
NOW THEREFORE, this Memorandum of Understanding is made to become effective
July 1, 2006 and it is agreed as follows:
ARTICLE I —TERM OF MOU
This Agreement shall be in effect for a period of twenty four (24) months commencing
July 1, 2006 and expiring on June 30, 2008.
ARTICLE 11 — REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Fire Management Association is the
employee organization which has the right to meet and confer in good faith with the City
on behalf of represented employees of the Huntington Beach fire Department within
the classification titles of Fire :Division Chief and Fire Battalion Chief as outlined in
Exhibit A attached hereto and incorporated herein.
ARTICLE III —SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase
or portion, and any additions or amendments thereof, irrespective of the fact that any
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FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
Fxhihit"A"
one or more sections, subsections, sentences, clauses, phrases or portions, or the
application thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV— MANAGEMENT RIGHTS
The City and the Fire Chief retain all rights, powers and authority to manage and direct
the performance of fire services and the workforce, except as modified by the
Memorandum of Understanding.
The parties agree that the City has the right to unilaterally make decisions on all matter
that are outside the scope of bargaining. Such matters include, but are not limited to,
consideration of the merits, necessity, level or organization of fire services, staffing
requirements, extra duty assignments, number and location of work stations, nature of
work to be performed, contracting for any work or operation, reasonable employee
performance standards, reasonable work and safety rules and regulations.
ARTICLE V— SALARY SCHEDULES AND RETIREMENT
A. Monthly Compensation
Employees shall be compensated at hourly rates by job code and pay grade during
the term of this Agreement as set out in Exhibit A attached hereto and incorporated
herein unless expressly provided for in other Articles of this Memorandum of
Understanding.
B. Wage Increases
Effective with the pay period that includes October 1, 2006; all unit employees shall
receive a seven percent (7%) wage increase;
Effective the pay period that includes July 1, 2007, all unit employees shall receive a
seven and one quarter percent (7.25%) wage increase.
C. California Public Employees' Retirement System (CaIPERS) Pick-up
Each employee covered by this Agreement shall be reimbursed bi-weekly in an
amount equal to 9% of the employee's base salary and applicable special pay as a
pickup of the employee's contribution, or portion of such contribution, to the
CaIPERS. The above CaIPERS pickup is not base salary, but is done pursuant to
Section 414(h)(2) of the Internal Revenue Code.
Upon adoption of the 2000-2003 Huntington Beach Fire Management Association
Memorandum of Understanding, the City amended its contract with PERS and
implemented the "3% at age 50" retirement formula set forth in California
Government Code Section 21362.2 for all safety employees represented by the
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FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
Association. Effective July 1, 2007, the amount of employer—paid member
contributions to which each employee is reimbursed pursuant to the first paragraph
of this Article IIIC shall be reduced by a percentage equal to one-half of the
percentage of compensation earnable the City is required to pay in retirement
contributions to PERS, not to exceed 2.25%. For example, if the City is required to
contribute an amount equal to 2% of each employee's "compensation earnable," the
amount of the reimbursement set forth in the first paragraph of this Article IIIC shall
be reduced from 9% of the employee's compensation earnable to 8% of the
employee's compensation earnable. If, on the other hand, the City is required to
make employer contributions to PERS equal to 8% of each employee's
compensation earnable, the amount of the employer-paid member contributions
reimbursement set forth in the first paragraph of this Article IIIC shall be reduced to
6.75% of the employee's compensation earnable.
D. Self Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998 are eligible for the Self Funded
Supplemental Retirement Benefit, which provides that:
1. In the event an employee 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 employee would have received for his/her life alone.
This payment shall be made only to the employee, shall be payable by the
City during the life of the employee, and upon that employee's death, the
City obligation shall cease. The method of funding this benefit shall be at
the sole discretion of the City. This benefit is vested for employees covered
by this agreement. (Note: The options provide that the allowance is
payable to the employee until his/her death and then either the entire
allowance (Option #2) or one-half of the allowance (Option #3) is paid to the
beneficiary for life).
2. Employees hired on or after August 17, 1998 shall not be eligible for this
benefit.
E. Medical Insurance Upon Retirement
As required by the Government Code, while the City is contracted with CalPERS to
participate in the Public Employees' Medical and Hospital Care Act (PEMHCA)
program, retired employees (annuitants) shall have available the ability to participate
in the PEMHCA program. CaIPERS shall be the sole determiner of eligibility for
retiree (annuitant) to participate in the PEMHCA program.
The City's requirement to provide retirees (annuitants) medical coverage is solely
governed by the Government Code requirement that PEMHCA agencies extend this
benefit to retirees (annuitants). If by agreement between the Association and the
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FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
City or if the City elects to impose termination of its participation in the PEMHCA
program, retirees (annuitants) shall no longer be eligible for City provided medical
insurance.
In the event that the City terminates its participation in the PEMHCA program, the
retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit B to the
Memorandum of Understanding shall be reinstated. The City shall make any
necessary modifications to conform to the new City sponsored medical insurance
plan.
F. CalPERS Additional Benefits
1. The City shall provide all safety employees with the retirement program
commonly known and described as the "3% at age 50 plan" which is based
on the retirement formula as set forth in the CalPERS, Section 21362.2 of the
California Government Code, including the one-half continuance option
(Government Code Sections 21263 and 21263.1) for safety employees and
the Fourth Level of the 1959 survivor option for all employees as established
by the CalPERS, Section 21382 of the California Government Code.
2. The City shall continue to contract with CalPERS to have retirement benefits
calculated based upon the employee's highest one year's compensation,
pursuant to the provisions of Section 20042 (highest single year).
3. The obligations of the City and the retirement rights of employees as provided
in this Article shall survive the term of this MOU.
4. Employees shall be covered by the Pre-Retirement Optional Settlement 2
Death Benefit as provided in Government Code Section 21548
G. Direct Deposit
All unit employees shall be required to utilize direct deposit of payroll checks.
ARTICLE VI —ADDITIONAL MANAGEMENT BENEFITS
A. Educational Tuition
1. Upon approval of the Fire Chief and the Human Resources Director
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
Fire Chief and the Human Resources Director.
2. Education costs shall be reimbursed to employees on the basis of a full
refund for tuition, books, parking (if a required fee) and any other required
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FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
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.
3. Reimbursements shall be made when the employee presents proof to the
Human Resources Director that he/she has successfully completed the
course with a grade of"C" or better; or a "Pass" if taken for credit.
B. Holiday Pay-In-Lieu
Employees shall be compensated by the City in lieu of the ten (10) listed
holidays at the rate of 3.0768 hours multiplied by the employee's hourly rate set
forth in Exhibit A, payable each and every pay period. The following are the
recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday(third Monday in January)
3. President's 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. 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 Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular shifts
on the above listed holidays as set forth in this Article, shall not be entitled to
time off or additional pay.
Subject to State Law and Regulations, compensation paid as a result of Article
V.B. shall be reportable to PERS as compensation earnable.
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FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
Exhibit"A"
C. Bilingual Skill Pay
Employees who are qualified to use Spanish, Vietnamese, or Sign Language
skills shall be paid an additional five-percent (5%) of their hourly rate in addition
to their regular bi-weekly salary. Employees may accept assignments utilizing
bilingual skills in other languages on a short-term assignment with approval by
the Fire Chief and City Administrator or designee. Such employees shall receive
the additional five percent (5%) of their hourly rate for every bi-weekly pay period
that the assignment is in effect. In order to be qualified for said compensation,
employee's language proficiency will be tested and certified by the Human
Resources Director or designee. Bilingual Skill Pay shall be effective the first full
pay period following certification as verified to the Fire Chief in writing by the
Human Resources Director or designee.
D. Professional Achievement Award
Upon presenting a certificate of completion from the United States Fire
Administration's National Fire Academy for the Executive Fire Officer Program to
the Human Resources Director, the employee will receive a one-time lump sum
award of two thousand five hundred ($2,500) dollars. The award shall be subject
to all applicable state and federal taxes.
ARTICLE VII — UNIFORMS
The City agrees to provide uniforms to employees on active duty who are required to
wear uniforms. For each eligible employee, the City will report to the CalPERS the
average annual cost of uniforms provided by the City as special compensation in
accordance with Title 2, California Code of Regulations, Section 571(a)(5). For
employees who are not actively employed for an entire payroll calendar year, a prorated
cost of uniforms shall apply.
ARTICLE VIM —WORK SCHEDULE/COMPENSATORY PAYITIME OFF
A. Work Schedule
Employees assigned to suppression assignments shall work an average of fifty-
six (56) hours per week pursuant to the current schedule of five (5) twenty-four
(24) hour shifts in a fifteen (15) day period with six (6) consecutive days off.
Total hours worked in a calendar year will equal two thousand nine hundred and
twelve (2912) hours.
Employees assigned to non-suppression staff assignments shall work four (4)
days per week, ten (10) hours each day, meal times to be included during the ten
hour shift. Total hours worked in a calendar year will equal two thousand eighty
(2080) hours.
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FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
B. Compensatory Pay
1. Prior approval to earn compensatory time
All employees must gain approval from Fire Chief in advance of accruing
compensatory time. For approved compensatory time, employees working
suppression duties earn compensatory pay or compensatory time off, on an
hour for hour basis, for hours worked in addition to their regular schedule,
subject to the limitations contained in Article VII.13.3. below.
2. Prior approval to work any hours in addition to regular schedule
Battalion Chiefs must gain approval to work any hours that are in addition to
their regular schedule in advance from a Division Chief. Division Chiefs
must gain approval to work to work any hours that are in addition to their
regular schedule in advance from the Fire Chief. Employees shall work
thirty-five (35) hours of non-suppression hours that are in addition to their
regular schedule in a calendar year before earning compensatory pay or
compensatory time off on an hour for hour basis for hours worked in excess
of their regular normal work schedule.
3. Description of Compensatory Pay Benefits
a. Compensatory pay is paid at the forty (40) hour hourly rate for each
hour.
b. Compensatory time earned can be converted to cash at the
employee's forty (40) hour hourly rate.
c. Maximum accrual shall be one hundred sixty (160) hours.
ARTICLE IX— HEALTH AND OTHER INSURANCEBENEFITS
A. Health
The City shall continue to make available group medical, dental and vision benefits
to all association employees. A copy of the medical, dental and vision plan
brochures may be obtained from the Human Resources Office.
1. Effective Date of Coverage
An employee and eligible dependent(s) shall become eligible to participate in the
City's health insurance plans described herein. Effective the first of the month
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FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
following the employee's date of hire, any required employee payroll deduction
shall begin with the first full pay period following the effective date of coverage
and shall continue through the end of the month in which the employee
separates from employment. All employee contributions shall be deducted on a
pre-tax basis.
2. California Public Employees' Retirement System (CaIPERS) Public Employees'
Medical and Hospital Care Act (PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage. The
City is required under CaIPERS PEMHCA to make a contribution to retiree
medical premiums. A retiree's right to receive a City contribution, and the City's
obligation to make payment on behalf of retirees, shall only exist as long as the
City contracts with CaIPERS for medical insurance, except as provided in Article
VIII(4)(b). In addition, while the City is in CaIPERS, its obligations to make
payments on behalf of retirees shall be limited to the minimum payment required
by law.
a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee the mandated minimum
sum per month toward the payment of premiums for medical insurance under
the PEMHCA program. As the mandated minimum is increased, the City
shall make the appropriate adjustments by decreasing its flex benefits
contribution accordingly as defined in the following sub-section.
b. Maximum Employer Contributions
For the term of this agreement, the City's maximum monthly employer
contribution for each employee's health and other insurance premiums are
set forth as follows:
i. Effective with the first health insurance deduction following City
Council ratification of this agreement, the City contribution shall be the
sum of the participating Orange County Blue Shield HMO PEMHCA
Plan plus the Vision Service Plan (VSP) vision premiums for each of
the following categories:
a. Employee only ("EE")
b. Employee + one dependent ("EE +1")
c. Employee + two or more dependents ("EE +2")
The maximum City contribution shall be based on the employee's
enrollment in each plan. The parties agree that the mandated
minimum PEMHCA contribution referenced above in paragraph 2a is
included in the sums stated above in this sub-section. If the employee
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FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
Exhibit"A"
enrolls in a plan wherein the costs exceed the City contribution, the
employee is responsible for all additional premiums through pre-tax
payroll deductions.
ii. Effective January 1, 2008, the City contribution in each category shall
increase in an amount equal to the increase in premiums for the plans
described above in Subparagraph (i), not to exceed 10% of the City's
contribution for 2007. Any increase in premiums above the City's ten
percent (10%) contribution cap will be the responsibility of the
employee.
3. Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is $2000.
a. Effective with the first health insurance deduction following City Council
ratification of this agreement, the maximum City contribution shall be
equivalent to the premium for the Delta Dental PPO plan based on the
employee's enrollment of employee only ("EE"), employee plus one
dependent ("EE+1") or employee plus two or more dependents
("EE+211).
b. Effective January 1, 2008, the City contribution shall increase in an
amount equal to the increase in premiums for the Delta Dental PPO
plan, not to exceed 5% of the City's contribution for 2007 Any increase
in premiums above the City's five percent (5%) contribution cap will be
the responsibility of the employee.
4. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants) shall
have available the ability to participate in the PEMHCA program. The City's
requirement to provide retirees and/or annuitants medical coverage is solely
governed by the Government Code requirement to extend this benefit to
retirees (annuitants). While the City is contracted with CalPERS to
participate in the PEMHCA program, CalPERS shall be the sole determiner
of eligibility for retiree and/or annuitant to participate in the PEMHCA
program.
a. City Contribution (Unequal Contribution Method) for Retirees
As allowed by the Government Code and the CalPERS Board, and
requested by the Association, the City shall use the Unequal
Contribution Method to make the mandated minimum allowable City
contribution on behalf of each retiree or annuitant.
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FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
b. Termination of Participation in the CaLPERS PEMHCA program —
Impact to Retirees
The City's requirement to provide retirees (annuitants) medical coverage
is solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants). If by agreement
between the Association and the City or if the City elects to impose
termination of its participation in the PEMHCA program, retirees
(annuitants) shall no longer be eligible for City provided medical
insurance.
In the event that the City terminates its participation in the PEMHCA
program, the retiree medical subsidy program in place per Resolution
No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be
reinstated. The City shall make any necessary modifications to conform
to the new City sponsored medical insurance plan.
5. Additional Costs for Participation in the PEMHCA Program
a. Retiree and/or Annuitant Coverage
The Association shall pay to the City an amount equal to $1.00 per month
for each additional retiree and/or annuitant in the bargaining unit who
elects to participate in the PEMHCA plan but is not participating in the City
sponsored retiree medical program as of the beginning of a pay period
after the PEMHCA program is in place.
Each January Vt the amount per month paid to the City for each retiree
and/or annuitant described above shall increase by the amount PEMHCA
requires the City to pay on behalf of each retiree (annuitant). Article VIII
(A) (4) (a) above provides an example of expected payments per retiree or
annuitant per month.
In the event of:passage;of state legislation, judicial rulings, or CalPERS
board actions that increases the mandatory minimum monthly contribution
for retirees (annuitants), the Association shall pay an equal amount to the
City.
Payments shall be made the first of the month (following implementation).
If the Association fails to make timely payments for two consecutive
months, the City shall implement a decrease in the supplemental benefit
contribution to health insurance for each unit employee by an amount
equal to the total increased cost paid by the City. (For example, if the
increased cost for retirees equals $6,000 per year, the monthly
supplemental benefit for each employee will be decreased as follows:
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FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
$6,000 divided by twelve (months) = $500, which is then divided by the
number of employees receiving supplemental benefits).
b. Termination Clause
The City and Association may each request termination of the City's
contract with CalPERS after the announcement of state legislation, judicial
rulings, or a CalPERS board action that changes the employer's
contribution, insurance premiums or program changes to the CalPERS
medical plan.
The City and Association may elect to terminate its participation in the
CalPERS PEMHCA program by mutual agreement through the meet and
confer process between the Association and the City.
6. 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 Human Resource Office),
they may elect to discontinue City medical coverage and receive ninety two
dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to
discontinue vision coverage. The employee premium paid for vision coverage
will be applied toward medical premium.
B. Section 125 Employee Plan
The City shall provide an Internal Revenue Code Section 125 employee plan that
allows employees to use pre-tax salary to pay for regular childcare, adult dependent
care and/or medical expenses as determined by the Internal Revenue Code.
C. Post Retirement Medical Savings Plan
The Association may request to reopen this agreement during its term to implement
an employee funded, post-retirement medical savings plan, similar to one previously
established by the Huntington Beach Police Officers' Association (POA) and the
Huntington Beach Police Management Association (PMA), at no cost to the City.
D. Life and Accidental Death and Dismemberment
Each employee shall be provided with $50,000 (fifty thousand) life insurance and
$50,000 (fifty thousand) 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.
- 11 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
E. 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 employee may use accumulated sick leave,
general leave, or the employee may elect to be in a non-pay status. Subsequent to
the thirty (30) day waiting period, the employee will be covered by an insurance
plan paid for by the City, providing 66 2/3% (sixty six and two-third percent) of the
first $12,500 (twelve thousand five hundred) of the employee's basic monthly
earnings.
The maximum benefit period for disability due to accident or sickness shall be to
age 65 (sixty-five).
Days and months refer to calendar days and months. Benefits under the plan are
integrated with sick leave, Worker's Compensation, Social Security and other non-
private program benefits to which the employee may be entitled. Disability is
defined as: "The inability to perform all of the duties of regular occupation during
two years, and thereafter the inability to engage in any employment or occupation,
for which he is fitted by reason of education, training or experience." Rehabilitation
benefits are provided in the event the individual, due to disability, must engage in
another occupation. Survivor's benefit continues plan payment for three (3) months
beyond death. A copy of the plan is on file in the Human Resources office.
F. Miscellaneous
1. City Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical disability,
the City shall maintain the City paid employee's 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.
2. Insurance and Benefits Advisory Committee
The City and the Association participate in a City-wide joint labor and
management insurance and benefits advisory committee to discuss and
study issues relating to insurance benefits available for employees.
3. Health Plan Over-Payments
Unit employees shall be responsible for accurately reporting the removal of
ineligible dependents from health plan coverage. The City shall have the
- 12 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
Exhibit"A"
right to recover any premium paid by the City, on behalf of ineligible
dependents. Recovery of such over-payments shall be made as follows:
a. Reduction of Employee's Bi-Weekly Salary Warrant
The employee's bi-weekly salary warrant shall be reduced by one-half
(1/2) of the amount of the bi-weekly over-payment. Such reduction shall
continue until the entire amount of the over-payment is recovered.
b. Notice of Ineligible Dependents
The City shall use its best efforts to advise all unit employees of their
obligation to report changes in the status of dependents, which affect
their eligibility.
c. Twelve Month Recovery Period
The City shall be entitled to recover a maximum of twelve (12) months of
premium over-payments. Neither the employee nor the dependent shall
be liable to the City other than as provided herein.
ARTICLE X - LEAVE BENEFITS
A. General Leave
1. Accrual
Employees accrue General Leave at the accrual rates outlined below.
General Leave may be used for any purpose, including vacation, sick leave
and personal leave. Employees shall accrue General. Leave at their
appropriate assigned work schedule rate, either forty (40) hour or fifty six
(56) hour workweek. In the event of a change in work schedules, which
must be at the beginning of a pay period, payroll shall change the accrued
General Leave balance and accrual rate based on the new schedule using
the ;conversion factor of .7143. Personnel who change from a fifty-six (56)
hour schedule to a forty (40) hour schedule shall multiply the existing
General Leave by .7143. Personnel who change from a. forty (40) hour
schedule to a fifty-six (56) hour schedule shall divide their existing General
Leave by .7143.
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FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 56-Hour Rate
First through Fourth Year 176 Hours 246.4 Hours
Fifth through Ninth Year 200 Hours 280.0 Hours
Tenth through Fourteenth Year 224 Hours 313.E Hours
Fifteenth Year and Thereafter 256 Hours 358.4 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. Employees shall not be permitted
to take General Leave in excess of actual time earned. Employees on a
forty (40) hour schedule shall not accrue General Leave in excess of six
hundred forty (640) hours; fifty six (56)-hour employees shall not accrue
General Leave in excess of eight hundred and forty (840) hours eight
hundred and ninety six hours (896). Employees may not use their General
Leave to advance their separation date on retirement or other separation
from employment.
3. Conversion to Cash
Once during each fiscal year, each employee shall have the option to
convert into a cash payment up to a total of one hundred twenty (120) hours
of earned General Leave benefits. The employee shall give two (2) weeks
advance notice of his/her desire to exercise such option.
- 14 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
P+vhihit"A"
B. Sick Leave
1. Accrual
No employee shall accrue sick leave.
2. Credit
Employees assigned to FMA 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 the employee's assignment to FMA.
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).
5. Pay Off At Termination
a. Employees covered by this agreement and on the payroll on
November 20, 1978 shall be entitled to the following sick leave payoff
plan:
At involuntary termination by reason of industrial or non-industrial
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 twenty (720) hours of
unused, accumulated sick leave, except as provided in paragraph 4
below.
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FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
Exhibit"A"
Upon termination for any other reason, employees shall be
compensated at their current forty (40) hour equivalent rate of pay for
fifty percent (50%) of all unused, accumulated sick leave. The
maximum number of hours paid off at termination will be a total of
seven hundred twenty (720) hours.
Example:
Employee has one thousand nine hundred twenty (1920) hours of
accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay off
is seven hundred twenty (720) hours. Pay off = 720 hours X
employee's current forty (40) hour equivalent pay rate.
b. Employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan: -
Upon termination, all employees shall be paid, at their then current
forty (40) hour equivalent rate, for twenty-five percent (25%) of
unused, earned sick leave to four hundred eighty (480) hours accrued,
and for thirty-five percent (35%) of all unused, earned sick leave in
excess of four hundred eighty (480) hours, but not to exceed seven.
hundred twenty (720) hours, except as provided in paragraph 4 below.
C. Except as provided in paragraph 4 below, no employee shall be paid
at termination for more than seven hundred twenty (720) hours of
unused, accumulated sick leave. 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. Employees who had unused, accumulated sick leave in excess of
seven hundred twenty (720) hours as of July 5, 1980, shall be
compensated for such excess sick leave remaining on termination
under the formulas described in paragraphs a and b above. In no
event shall any employee be compensated upon termination for any
accumulated sick leave in excess of the "cap" established by this
paragraph (i.e., 720 hours plus the amount over seven hundred twenty
(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.
e. To the extent that any "capped" amount of excess sick leave over
seven hundred twenty (720) hours is utilized, the maximum
- 16 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
compensable amount shall be correspondingly reduced. (Example:
Employee had one thousand (1,000) hours accumulated. Six months
after July 5, 1980, employee has accumulated another forty eight (48)
hours. Employee is then sick for one hundred (120) hours.
Employee's maximum sick leave "cap" for compensation at termination
is now reduced by seventy two (72) hours to nine hundred twenty-eight
(928) hours.
C. Bereavement Leave
Employees shall be entitled to Bereavement Leave not to exceed thirty (30) work
hours in each instance of death in the immediate family. Immediate family is
defined as father, mother, sister, brother, spouse, registered domestic partner,
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.
Employees assigned to the fifty-six (56) hour work week for suppression
assignments shall be entitled to Bereavement Leave not to exceed forty-eight
(48) work hours in each instance of death in the immediate family, as defined
above.
ARTICLE XI — CITY RULES
The City's Personnel Rules are incorporated into this Agreement by reference as
though set forth in full. All City Personnel Rules shall apply to Association members,
however, to the extent this MOU modifies the City's Personnel rules, the Personnel
Rules as modified will apply to Association members.
ARTICLE XII -- MISCELLANEOUS
A. Vehicle Policy
1. Approval is required by the City Administrator or his/her designee for any
City vehicle to be taken home by an employee.
2. The auto allowance for qualifying employees shall be one hundred sixty-one
dollars and fifty-three cents ($161.53) bi-weekly.
3. The monthly automobile allowance shall not be reduced during the term of
this agreement.
- 17 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
Exhibit"A"
4. Eligibility for automobile allowance and the use of City vehicles shall be
determined in accordance with the Administrative Regulation, Vehicle Use
Policy and the City's Fleet Management Program.
5. Only employees that reside within thirty five (35) miles of the City's limits
may be assigned a City vehicle.
Employees that are assigned a City vehicle and who are assigned a cell
phone/pager for immediate call out shall be allowed to use the assigned
vehicle for personal use within the City limits and/or within ten (10) miles of
the employee's residence.
B. Deferred Compensation Loan Program
Employees may borrow up to fifty percent (50%) of their deferred compensation
funds for critical needs such as medical costs, college tuition, or purchase of a
home, pursuant to program standards and regulations.
C. Association Business
An allowance of fifty (50) hours per year shall be established for the purpose of
allowing authorized representatives of the Association to represent employees in
their employment relations.
D. Modified Return To Work Policy
The City and Association agree to meet and confer during the term of this
agreement to establish a modified return to work policy for employees who
experience an industrial or non-industrial injury or illness.
E. Controlled Substance and Alcohol Testing
The City maintains the right to conduct a controlled substance and/or alcohol test
during working hours of any employee that it reasonably suspects is under the
influence of alcohol or a controlled substance in the workplace.
F. Grievance Hearing Officer Fees
The City and Association agree that for any personnel matter, pursuant to
Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to
render an opinion, the hearing officer costs shall be shared equally by the City
and Association.
- 18 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
F.xhihit"A"
G. Employer-Employee Relations Resolution
During the term of this agreement, the City and the Association agree to meet
and confer to update the Employer Employee Relations Resolution to reflect
current state law.
- 19 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION
Resolution No.2007-27
Farhihit"A"
ARTICLE XIII - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this day of z19JI/_, 2007.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
Lj" �Ijk It U,
,Penelope ulbreth-Graft, DPA r R bert Brown
Cit inistrator FMA President
Bob Hall William H. Reardon
Deput ity Administrator FMA Vice-President
ti humada
Senior Human Resources Analyst
J nifer ampman
Senior Administrative Analyst
f q a",
Renee Mayne
Chief Negotiator
APPROVED AS TO FORM:
ennifer McGrath
City Attorney
- 20 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
EXHIBIT A— SALARY SCHEDULE Exhibit °A°
7% Effective September 23, 2006
(Monthly Rates)
Job Pay STEP
Code Classification Range A B C D E
0031 Fire Battalion Chief 613 $8,039.20 $8,481.36 $8,947.83 $9,439.96 $9,959.16
0026 Fire Division Chief 645 $9,432.80 $9,951.60 $10,498.94 $11,076.38 $11,684.40
7% Effective September 23, 2006
(40 Hour Rate)
Job Pay STEP
Code Classification Range A B C D E
0031 Fire Battalion Chief 613 $46.38 $48.93 $51.62 $54.46 $57.46
0026 Fire Division Chief 1 645 1 $54.42 1 $57.41 $60.57 $63.90 $67.41
7% Effective September 23, 2006
(56 Hour Rate)
Job Pay STEP
Code Classification Range A B C D E
0031 Fire Battalion Chief. 613 $33.13 $34.95 $36.87 $38.90 $41.04
0026 Fire Division Chief 1 645 1 $38.87 1 $41.01 $43.26 $45.64 $48.15
- 21 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATION Resolution No.2007-27
EXHIBIT A— SALARY SCHEDULE Exhibit"A"
7.25% Effective June 30, 2007
(Monthly Rates)
Job Pay STEP
Code Classification Range A B C D E
0031 Fire Battalion Chief $8,622.04 $9,096.25 $9,596.55 $10,124.36 $10,681.20
0026 Fire Division Chief $10,116.68 $10,673.10 $11,260.12 $11,879.42 $12,531.52
7.25% Effective June 30, 2007
(40 Hour Rate)
Job Pay STEP
Code Classification Range A B C D E
0031 Fire Battalion Chief $49.74 $52.48 $55.36 $58.41 $61.62
0026 Fire Division Chief 1 $58.37 $61.58 $64.96 $68.54 $72.30
7.25% Effective June 30, 2007
(56 Hour Rate)
Job Pay STEP
Code Classification Range A B C D E
0031 Fire Battalion Chief $35.53 $37.48 $3955 $41.72 $44.02
0026 fire Division Chief $41.69 $43.98 $46.40 $48.95 $51.64
- 22 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATIolution No.2007-27
ibit A
EXHIBIT B— SERVICE CREDIT SUBSIDY
An employee who has retired from the City and meets the plan participation requirements
shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of
qualified medical expenses incurred for the purchase of medical insurance.
Plan Participation Requirements
1. At the time of retirement the employee has a minimum of ten (10) years of
continuous regular (permanent) City service or is granted an industrial disability
retirement; and
2. At the time of retirement, the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System (CaIPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall
be modified.downward or cease during the lifetime of the retiree upon the
occurrence of any one of the following:
a. On the first of the month in which a retiree. or dependent
reaches age sixty five (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
Service Credit Subsidy may be adjusted downward or
eliminated.
b. In the event of the death of an eligible employee, whether
retired or not, the amount of the Service Credit Subsidy benefit
which the deceased employee was eligible for at the time of
his/her death, shall be paid to the surviving spouse or
dependent for a period not to exceed twelve (12) months from
the date of death.
- 23 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATI O"'i""'2007-27
ibit A
EXHIBIT B—SERVICE CREDIT SUBSIDY
4. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for Service
Credit Subsidy begins after an employee has completed ten .(10) years of
continuous regular (permanent) 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.
To receive the Service Credit Subsidy retirees are required to purchase
medical insurance from City sponsored plans. The City shall have the right to
require any retiree (annuitant) to annually certify that the retiree is purchasing
medical insurance benefits.
5. 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 $120 (one hundred twenty). Payments shall be in accordance
with the stipulations and conditions, which exist for all retirees.
6. Service Credit Subsidy
Payment shall not exceed dollar amount, which is equal to the qualified
medical expenses incurred for the purchase of City sponsored medical
insurance.
7. Maximum Monthly Service Credit Subsidy Payments
All retirees, including those retired as a result of disability whose number of
years of service exceeds .ten 0 Q); continuous years of regular (permanent)
service immediately prior to retirement `shall be entitled to a maximum
monthly Service Credit Subsidy by the City for each year of completed City
service as follows:
- 24 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATIolution No.2007-27
ibit A
EXHIBIT B — SERVICE CREDIT SUBSIDY
Maximum Service Credit Subsidy Retirements After:
Service Credit
Years of Service Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 343
The Service Credit Subsidy will be reduced every January 1st by an
amount equal to any required amount to be paid by the City on
behalf of the retiree (annuitant). Article VIII(A)(4)(a) provides an
example of expected reductions per retiree per month.
8. Medicare
a. All persons are eligible for Medicare coverage at age 65. Those_ with
sufficient credited 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.
b. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay
for Part A for each of them or the maximum subsidy, whichever is less.
c. 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 of Medicare, the spouse shall not
- 25 -
FMA MOU FINAL 2006-2008
FIRE MANAGEMENT ASSOCIATIolution No.2007-27
ibit A'
EXHIBIT B — SERVICE CREDIT SUBSIDY
receive the 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.
9. Cancellation
a. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan will be
eliminated on the first day of the month in which the retiree reaches age
65.
ii. 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 Service Credit Subsidy
Plan will be eliminated.
- 26 -
FMA MOU FINAL 2006-2008
Resolution No.2007-27
Exhibit"A"
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C—VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge
employees who have been approved leave time to either; return to work, long-
term disability, or medical retirement. Employees who accrue Vacation, General
Leave or Exempt Compensatory Time may donate such leave to another
employee when a catastrophic illness or injury befalls that employee or because
the employee is needed to care for a seriously ill family member. The Leave
Donation Program is Citywide across all departments and is intended to provide
an additional benefit. Nothing in this program is intended to change current policy
and practice for use and/or accrual of Vacation, General, or Sick Leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member
is that defined in the Family Medical Leave Act (child, parent, spouse or
domestic partner).
3. Eligible Leave
Accrued Exempt Compensatory Time, Vacation or General Leave hours may be
donated. The minimum donation an employee may make is two (2) hours and
the maximum is forty (40) hours.
4. Eligibility
Permanent employees who accrue Vacation or General.Leave may donate such
.hours to eligible recipients. Exempt Compensatory Time accrued may also be
donated. An eligible recipient is an employee who:
• Accrues Vacation or General Leave;
• Is not receiving disability benefits or Workers' Compensation payments;
and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the
amount necessary to ensure continuation of the employee's salary during the
employee's period of approved catastrophic leave. Donations will be voluntary,
confidential and irrevocable. Hours donated will be converted into a dollar
- 27 -
fMA MOU FINAL 2006-2008
Resolution No.2007-27
Exhibit"A"
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C —VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM
amount based on the hourly wage of the donor. The dollar amount will then be
converted into accrued hours based on the recipient's hourly wage.
An employee needing leave will complete a Leave Donation Request Form and
submit it to the Department Director for approval. The Department Director will
forward the form to Human Resources for processing. Human Resources,
working with the department, will send out the request for leave donations.
Employees wanting to make donations will submit an Authorization for Donation
to the Human Resources Department (payroll).
All donation forms submitted to payroll will be date stamped and used in order
received for each bi-weekly pay period. Multiple donations will be rotated in
order to insure even use of time from donors. Any donation form submitted that
is not needed will be returned to the donor.
Other
Please contact the Human Resources Department on questions regarding staff
participation in this program.
- 28 -
FMA MOU FINAL 2006-2008
Resolution No.2007-27
Exhibit"A"
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C —VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated Vacation, General Leave or Exempt Compensatory Time.
MY SIGNATURE CERTIFIES THAT:
• A Leave of absence in relation to a catastrophic illness or injury has been approved by my
Department; and
1 am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print or Type Last, First, MI)
E
ork Phone: Department:
ob Title Employee ID#:
d t
Requester Signature: Date:
Department Director Signature of Support: fate:
p
�T
�7
_
Please return this form to the Human Resources Office for processing.
- 29 -
FMA MOU FINAL 2006-2008
Resolution No.2007-27
Exhibit"A"
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C —VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
'Donor Name: (Please Print or Type: Last, First, MI) H
ork Phone:
I
,Donor Job Title:
'Type of Accrued Leave: !Number of Hours I wish to Donate:
i
Vacation Hours of Vacation
❑ Compensatory Time Hours of Exempt Compensatory Time
General Leave Hours of General Leave
i
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this
donation will remain confidential.
I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to
the Leave Donation Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature: ate:
Please submit to Payroll in the Finance Department.
- 30 -
FMA MOU FINAL 2006-2008
Res. No. 2007-27
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day of April, 2007 by the following
vote:
AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Cook
ABSTAIN: None
City Uerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California