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Fire Management Association - FMA - 2014-09-02
Dept. ID HR 14-011 Page 1 of 2 Meeting Date: 9/2/2014 CITY OF HUNTINGTON LEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 9/2/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Adopt Resolution No. 2014-56 approving and implementing the Memorandum of Understanding (MOU) between the Fire Management Association (FMA) and the City for October 1 2013 through September 30, 2015 Statement of Issue: The City and the Fire Management Association (FMA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2013 through September 30, 2015. Financial Impact: Funding for the implementation of the fiscal items contained in the Memorandum of Understanding will come from the General Fund. The annualized fiscal impact for FY 2013-14 fiscal year budget is $2,949. The annualized fiscal impact for FY 2014/15 is estimated by Finance to be $123,924. The impact of FY 2013-14 net costs are considered to be de-minimus and will be absorbed within the Fire department budget, therefore additional appropriation is not required. Recommended Action: Adopt Resolution No. 2014-56, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Fire Management Association (FMA) and the City for October 1, 2013 through September 30, 2015." Alternative Action(s): Do not approve the Resolution for FMA employees and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer -Employee Relations Resolution. Analysis: Representatives for the City and FMA have been involved in active negotiations and have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of October 1, 2013, through September 31, 2015. Highlights from the listing of proposed pay and benefit changes include the following: Term of Agreement October 1, 2013, through September 30, 2015, (with the option to extend for one year). Wage Increases ® 4.75% wage increase effective the beginning of the pay period following City Council approval. ® 2.0% wage increase effective the beginning of the pay period that includes October 1, 2014. HB -157- Item 7. - I Dept. ID HR 14-011 Page 2 of 2 Meeting Date: 9/2/2014 Retirement Contributions • "Classic" Safety employees of this unit shall contribute 9% to the employee share of the member contribution to CalPERS effective the beginning of the pay period following Council approval of this MOU. ® "New" Safety employees of this unit covered by the Public Employees Pension Reform Act (PEPRA) will contribute 50% of the normal cost as required by CalPERS law. There were appropriate modifications to a variety other provisions including, but not limited to, incorporation of previously adopted side -letters of agreement, and general clean-up language. A summary of these and all other negotiated provisions are included as Exhibit "A". Environmental Status: N/A Strategic Plan Goal: Develop, retain and attract quality staff Improve long-term financial stability Attachment(s): 1. Legislative Draft Memorandum of Understanding Between the Fire Management Association (FMA) and the City of Huntington Beach for October 1, 2013 through September 30, 2015" 2. Resolution 2014-56, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Fire Management Association (FMA) and the City for October 1, 2013 through September 30, 2015," including Exhibit "A". Item 7. - 2 HB -158- �■ ��ƒ* �}®$ x � T: \ FIB -159- Item 7. - 3 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS PREAMBLE...................................................................................................................1 ARTICLE I — 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 .................................. 3 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT...................................................................... 4 E. MEDICAL INSURANCE UPON RETIREMENT.................................................................................. 4 F. CALPERS ADDITIONAL BENEFITS.............................................................................................. 5 G. DIRECT DEPOSIT.................................................................................................................... 5 ARTICLE VI — ADDITIONAL MANAGEMENT BENEFITS..................................................5 ^.. �"' T. TTY`T G � ........................................................................................................... 5 °A. HOLIDAY PAY-IN-LIEU............................................................................................................ 6 Q5. BILINGUAL SKILL PAY.............................................................................................................. 7 8 C PROFESSIONAL ACHIEVEMENT AWARD..................................................................................... 7 ARTICLEVII — UNIFORMS.............................................................................................7 ARTICLE VIII —WORK SCHEDULE/COMPENSATORY PAY/TIME OFF ............................8 A. WORKSCHEDULE..................................................................................................................8 B. COMPENSATORY PAY............................................................................................................ 8 1. Prior Approval to Earn Compensatory Time....................................................................................8 2. Prior Approval to Work any Hours in Addition to Regular Schedule............................................8 3. Description of Compensatory Benefits............................................................................................8 ARTICLE IX — HEALTH AND OTHER INSURANCE BENEFITS............................................9 A. HEALTH................................................................................................................................ 9 1. Effective Date of Coverage.........................................................................................................9 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA)...............................................................................................9 a. PEMHCA Employer Contributions............................................................................................9 FMA MOU October 1, 2013 through September 30, 2015 Page i Item 7. - 4 FIB -160- 3. 4. 5. 0 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS b. Maximum Employer Contributions........................................................................................10 DentalInsurance..........................................................................................................................1 1 Retiree (Annuitant) Coverage...................................................................................................12 a. City Contribution (Unequal Contribution Method) for Retirees.........................................12 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees ..... 12 Additional Costs for Participation in the PEMHCA Program...................................................13 a. Retiree and/or Annuitant Coverage....................................................................................13 b. Termination Clause..................................................................................................................13 MedicalCash-Out.......................................................................................................................14 B. SECTION 125 EMPLOYEE PLAN.............................................................................................. 14 C. POST RETIREMENT MEDICAL SAVINGS PLAN............................................................................ 14 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT............................................................... 14 E. LONG TERM DISABILITY INSURANCE....................................................................................... 14 F. MISCELLANEOUS................................................................................................................. 15 1. City Paid Premiums While on Medical Disability......................................................................15 2. Insurance and Benefits Advisory Committee...........................................................................15 3. Health Plan Over-Payments.......................................................................................................15 a. Reduction of Employee's Bi-Weekly Salary Warrant...........................................................16 b. Notice of Ineligible Dependents...........................................................................................16 c. Twelve Month Recovery Period.............................................................................................16 ARTICLE X LEAVE BENEFITS........................................................................................16 A. GENERAL LEAVE.................................................................................................................. 16 1. Accrual..........................................................................................................................................16 3 2. Eligibility and Approval................................................................................................................17 3. Conversion to Cash.....................................................................................................................17 B. SICK LEAVE......................................................................................................................... 18 ,- 1. Accrual..........................................................................................................................................18 2. Credit........................................................................................................................................ 18 3. Usage....................................................................................................................................... 18 4. Family Sick Leave.........................................................................................................................18 5. Pay Off At Termination................................................................................................................18 C. BEREAVEMENT LEAVE...........................................................................................................20 ARTICLEXI - CITY RULES...........................................................................................20 ARTICLE XII - MISCELLANEOUS.................................................................................20 A. VEHICLE POLICY..................................................................................................................20 B. DEFERRED COMPENSATION LOAN PROGRAM......................................................................... 21 FMA MOU October 1, 2013 through September 30, 2015 Page ii HB -161 _ Item 7. - 5 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS C. ASSOCIATION BUSINESS........................................................................................................ 21 D. MODIFIED RETURN TO WORK POLICY.................................................................................. . 21 E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING.................................................................. 21 F. GRIEVANCE HEARING OFFICER FEES 22 ...................................................................................... G. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION........................................................................ 22 ARTICLE XIII - CITY COUNCIL APPROVAL.............................................................. ..23 r EXHIBIT A - SALARY SCHEDULE.................................................................................24 vy " EXHIBIT B - SERVICE CREDIT SUBSIDY EXHIBIT C - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ............... 36AL �., EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ............................... 34 -. �s�l a�a�reement144416hibitaddeddueTi Formatted Font: Century Gothic Formatted: Not Strikethrough s a � �a Ar- FMA MOU October 1, 2013 through September 30, 2015 Page III Al t. . 31h� Item 7. - 6 FIB -162- 3Z. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) `° k , AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATIONS R�," (Hereinafter Called ASSOCIATION) PREAMBLEfs .. ..;R WHEREAS, the City of Huntington Beach and the Huntington Beach Fire e , ``. 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; Rl�- 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 n the Huntington Beach Fire Management Association. W; u NOW THEREFORE, this Memorandum of Understanding is made to become effective October 1 201388, and it is agreed as follows: ,": iCommeot[msc3l coateupdate s ARTICLE I - TERM OF MOU �d=z ;E This Agreement shall be in effect for a period of twenty-four #G4y--eig4# (2449) months commencing October A,4y 1, 201399 and expiring on September 44 _ .. 30 �(� 1 Ctut►ment [msc43 Standard clean p date.' changes k... This MOU constitutes the entire a reement of the arties as to the chap es in wa es� hours, and other terms and conditions of emplo ment of em to ees covered hereunder for the term hereof. The Association shall have the option to extend the MOU for an additional one ear eriod without an �hsn e5. If the Association wishes to do so. it - — — ,' Comment[msx5j This language issimilarto that in the HSFA MOt andaincludes the Q tion p Must advise the Cityin writing to the Human Resources Director b Ma 31 2015 at to eztend�fore year. ` 500 p m. " ARTICLE II - 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. - , FMA MOU October 1, 2013 through September 30, 2015 Page 1 1IB -163- Item 7. - 7 FIRE MANAGEMENT ASSOCIATION bythe Memorandum cfUnderstanding. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope ofbargaining. 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 r ^� 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. ART|CLEV-SALARYSCMEDULES AND RETIREMENT A. Monthly Compensation ^ Employees shall becompensated othourly rates byjob code and pay grade during the term ofthis Agreement osset out in Exhibit Aattached hereto and incorporated herein unless expressly provided for in other Articles of this Memorandum ofUnderstanding. B. Wage Increases Effective the beginning of the pay Qeriod following City Council approval of this agreement; all unit employees will receive a 4.75% wage increase; Effective the beginning of the pay period that includes October 1, 2014- FMAwouOctober 1.zu1nthrough September no.zu10 Page FIRE MANAGEMENT ASSOCIATION _} r • --{ Formatted: Strikethrough Ef;eGt,. ,,e....the pad �eri�d #hit incl-ode.,..._ -an.uafy ;- 2009; Ba#talian-C 4ef& Sh�Gii . 5 — r&Gei',1e ;. C ^may+� +.` •. , , •� .. I hs `" ' t• '. c n nY}dr ��V� •r� Fr. +', � }h(. ,-. nnr'nr�1 +hr-�f c I� 1 n0• Cl•��ir' n !'1 •ofr chnll s reeiva...#i ree...PerEen#....4B7d}-WGge rease. ce Ef-ec#• e...... wit!.:,..the P.ay........Peri0d tha# if Chides sanuat-y I 2010; all- uni# ..^... }` •+• E##ecti�.e._..ti�,�i;h +,h.e......Pay Period- #hat includes sunuary -..t ... 20..1_, nln_,00n hnJl ^ r-. na ron+ (n Q71 �e n� -� on ,•. c-•.7urr-r-c� '� f :. th }'�'udes shy lznz 1;-Gll--�#-=�,=�',�'�^�. .,: Gil LARit �lJe d {Comment [msc8]Deletion of oldlan9uage .. :.- .._...... __ f" Formatted Strikethrough C. California Public Employees' Retirement System (CalPERS) Pick-up Formatted: Indent: Left: 0.25", Tab stops 0.51', Left + Not at 0 69 ��h arn..l n�[..o rr�ucr h , +h•c n r•cc�>on{.�h ; � � , �.y-.i.n. Gn---atnounf equal to 9?-7,� Of the e—M ee'c ...base sallofy and-aPplic ble � • i + +r; r.nrf nn of r� +rh - ., F'� .. h UPo;-+ adGptl YT of {h- 2.00 1-2C)93 H�-,nta;�t3r, g#Beach F+re-AAanage; t .t V X Associatiei AAemorar�dum of Undex:standing, the Ci#y iDtnended its -ReR+ 41 FMA MOU October 1, 2013 through September 30, 2015 Page 3 HB -165- Item 7. - 9 FIRE MANAGEMENT ASSOCIATION 6(...b4z r--duc.ed...key..a....peresntage...eq.0 th.e-Per e,^tage ` Eo pe+ sa#inn earn tale-fh� Ci+y is re fined tc pGy in-ret+cement.c .rtrib�L4fions-le PERS, not to exceed 2:25%. for expie, 1` , ef GGh em 8q of the eG44Gb4--.�- the C re G'^ m a. The City shall provide all safety employees described as "classic members by the Public Employees' Pension Reform Act of 2013 - "PEPRA" with that certain retirement ro ram common) known and described as the "3%" at acne 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement Svstem PERS), Sections 21362.2 of the California Government Code including the one-half continuance op#ion !Government Code Sections 21624 and 21626) for safety em lovees and the Fourth Level of the 1959 survivor o tion for all employees as established by the California Public Employees' Retirement Svstem. Section 21571 of the California Government b. Effective October 1, 2013 through the beginning of the pay period following City Council approval of this MOU all "classic members" shall pav as part of the recuired member retirement `e contribution an amount equal to sir. and three uarters ercent (6.75%) of iDensionable income to _ the Public Em I_p ogees Retirement Svstem (PERS). The remaining portion of the required c Effective of the be ignnina of the pay period following City,,' Council approval of this MOU all "classic members" shall pav to "ERS as oart of the required member retirement contribution an The City has contracted with PERS to have retirement benefits calculated based upon the employee's highest one year's FMA MOU October 1, 2013 through September 30, 2015 Page 4 Formatted. Font Century Gothic s � a Formatted: Font: Century Gothic Formatted: Font: Century Gothic Formatted: Font: Century Gothic Formatted. Font Century Gothic Formatted: Font: Century Gothic Formatted: Font: Century Gothic the Item 7. - 10 xB -166- FIRE MANAGEMENT ASSOCIATION ,. e. The obligations of the City and the retirement ri hts of em to eeshat as orovided in this Article shall survive the term of this MOO, . , re Crnnment[msci41 ReflecisttheV benefits remam°the;same when the AA expirgs q, f The City provides the Pre -Retirement Optional Settlement 2 Death Formatted: Font: Century comic Benefit as set forth in California Government Code Section 21548 :. for all safety employees re resented by the s5t_dctfbn! Comment[mscisj Retieasmepe a iadabl under this;provisi©n of me,L a. For "New Members" within the meanin of the California Public Formatted Font Century Gothic Employees' Pension Reform Act of 12013, w �c0mmetrt[rnsc163 This entire sec about new membersto the PERS sys PEPRA .... , 1 New Members shall be governed by the two and seven l Formatted: Font: Century Gothic tenths percent at ace 57 f2 7 0 � 57) retirement formula set � forth in Government Code section 7522.25(d)� 2! Final compensation will be based on the highest annual average com enscfion earnable durin fhe 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. 3' Effective October 1, 2013 new members" as defined b PEPRA shall contribute one half of the normal cost rate, as 1 established by CalPERS. ' h. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414 h 2 to ensure that both the em lovee contribution and the City pickup of the required member contribution are made on a re -tax basis. However ultimatel the fax status of any benefit is determined by the law. m Coment[msc17]�Thislanguage - the authority of the Cdy to deduct cot �d,tb CaIPERreeS on a ptax basis: ` _ . D. Self Funded Supplemental Retirement Benefit Formatted: Font: century Gothic f_ Employees hired prior to August 17, 1998 are eligible for the Self Funded FMA MOU October 1, 2013 through September 30, 2015 Page 5 iv- HB -167- Item 7. - 11 FIRE MANAGEMENT ASSOCIATION 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. ry L+ho nr,-irl� p r-,+'I h'r (hor r-1 fh /r�r1 +hen o+hc• fhca ''v. ICi�IG to ,"Y"f�i" Y�✓T`'7�"G� �iTYfr'TYY�"lY l'�hT �'YC.7' T"TCrT ' ..}r -: er:#ire c'ltiwar;�.e-(Op#lo/r� #2} Gro�e-h�if of #he.all�wan�e {Op#ian #��; 2. Employees hired on or after August 17, 1998 shall not be eligible for this benefit. E. Medical Insurance Upon Retirement x? As required by the Government Code, while the City is contracted with CaIPERS 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 City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) '; g shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, p" 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. CaIPERS 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 CaIPERS, Section 21382 of the California Government Code. FMA MOU October 1, 2013 through September 30, 2015 Page 6 E 1, k 3 0 4,11 51 k 4 V \ WN 0 ". :- a�, Item 7. - 12 uB -168- FIRE MANAGEMENT ASSOCIATION z 2. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee's highest one year's 0WN compensation, pursuant to the provisions of Section 20042 (highest' dr" single year). 4 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 Deoosit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS = s DiFe Gtvr. s� q_ a the HU„ ReseUFe-eS DireEtoF fhGf he, She hel l ' GR . Commen! msc19] it �s ro sed Ulai this L pr"ovision regard HB -169- FIRE MANAGEMENT ASSOCIATION N 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)' M, 4. Memorial Day (last Monday in May)' 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 1 1) 8. Thanksgiving Day (fourth Thursday in November) . 1 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 =z. 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. .,. 5 .b eppc.#.. # Stayv#e....L-ow- anYYd/ Regu4G-ppt'-apn`s, ors_ ap.....resul# sf Ccompepnslat/-ior,.....paid '. I ticiv "1L..:Y"�'h'U'tY The parties agree to the exten# ermined by low the com ensation in this section Is special compensation and shall be reported as such 4' j� rsuant to Title 2 CCR Section 571 al'S1 Holiday Pay.Cmmint .. ... Refleclaregulations {com nsation r eg 9 Pe eporfabie to , , >zs Tns[�su e language w2eogotirom Pete _ C_ B. Bilingual Skill Pay Formatted: Indent Left: 0.5", No bullets or numbering, Tab stops. Not at 0.25" 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 =` k, designee. Such employees shall receive the additional five percent (5%). is in ' of their hourly rate for every bi-weekly pay period that the assignment effect. In order to be qualified for said compensation, employees language proficiency will be tested and certified by the Human �,�, Resources Director or designee. Bilingual Skill Pay shall be effective the n first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. a` FMA MOU October 1, 2013 through September 30, 2015 Page 8 Item 7. - 14 H B -170- ' ., �, FIRE MANAGEMENT ASSOCIATION . ij..., Q�C. Professional Achievement Award , �` The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide-�••••• each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for , each required program year, and travel expense to attend the required. course for each program year., Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer All , 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. x ARTICLE VII - UNIFORMS The City agrees to provide uniforms to employees on active duty who are`�r4 required to wear uniforms. For each eligible employee, the City will report to tha CalPERS the average annual cost of uniforms provided by the City as spec compensation in accordance with Title 2, California Code of Regulations, Section 571 (a) (5). For employees who are not actively employed for an entire x payroll calendar year, a prorated cost of uniforms shall apply ,...... For .... , r members" as._�efined_._by the Public Fm.oloyees'_ Pension Reform Act of 2013., the . cost of uniforms will not be re orted as corn ensation earnabie to Ca(PER i'Comment[msal Thiiiahquade`IrO cts the tteatmen6f uniforrn allowance for PEPRA ,members oT4,,perthe taw, _ -.,<y 114r°?. f' .: #Lr �. i FMA MOU October 1, 2013 through September 30, 2015 Page 9 HB -t 7 t - Item 7. - 15 FIRE MANAGEMENT ASSOCIATION � r ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of a 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 l (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. , 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 a addition to their regular schedule, subject to the limitations contained in Article VILB.3. below. 2. Prior approval to work any hours in addition to regular schedule a. Battalion Chiefs must gain approval to work any hours that are in z' addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to work any hours that s>„ are in addition to their regular schedule in advance from the Fire Chief.b b. Employees shall work thirty-five (35) 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;< �chedul _. This language (2b.) shall sunset at the expiration of this agreement. If the agreement is extended beyond 09130115, this Ltham(t ag�eem provision will sunset as of 09130115. 3. Description of Compensatory Pay Benefits FMA MOU October 1, 2013 through September 30, 2015 Page 10 -. 4 � 1 4F Item 7. - 16 HB -172- FIRE MANAGEMENT ASSOCIATION 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 INSURANCE BENEFITS 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 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 FMA MOU October 1, 2013 through September 30, 2015 Page 11 HB -17' Item 7. - 17 FIRE MANAGEMENT ASSOCIATION 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 41 contribution for each employee's health and other insurance premiums are set forth as follows: xwg 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: Y 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 '` - M, mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub- VA section. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions.' h + cbcve #he..C.i.#�, sl.x...U�d-one-hc+?;...pereer # (�:) co a#r+,�.#ie...ca.p •f� it'd-?=e sp61'x{i.li'-^�fh�-vr-r'r8-'`r�.'�: resporsibi?ity #. the employee: _._.Ec.ti ...Jer}i er......i......_2,�..}...?..._.the fv.i.#.y....c.o...tr bu;icn....in-ecE.h....caieg-ary. ffe<a. FMA MOU October 1, 2013 through September 30, 2015 Page 12 .............. ............. .........:.:....»................ .................. . i Formatted: Strikethrough y.. ] - gym, .:; . k /E 'A A It Item 7. - 18 HB -174- FIRE MANAGEMENT ASSOCIATION _ -_ l vJi.Effective January 1, 2015-, the City contribution in each category - shall not increase. ." ^+ �^uate +he inErse-� prer}+ums far the p!ons cfescrib-- d abase in Subper-agrGph-{ not D, i— n44201 ;-. Any increase in premiums above the City's 2014 contribution - cap will be the responsibility of the employed .r 3 Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta '+ Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ) or employee plus two or more dependents ("EE+2"). Formatted: Strikethrough Formatted: Strikethrough .... ....... .... Formatted: Strikethrough 2K :_ `.�' .. Formatted: Strikethrough pr4---miu4-nS abcvt---the i#y's....2t7J3 centributon trap w4t. be the 3 a^ l-nr.}r h }•,��-, (y-. .��'lI h th cr�r`nci h'I•t�� of +h r` cmr�ln �o� i-�-r-r.—t.,�rp��.� '�: _ Vie, �---E-rrG�rr.. rrocn�--r;-r-rr-r�w.rf-�rrr�fi-r-`E."�rc.t r✓r-rr�r�-n-c��($e,��-c-"�r:rc.,rr �- .� �:> _, arro +�t eg ad to the. increase i'n-pfem;R-Ims foi- the Lelta Dental r 1'-R� -,n--r�-t����.r-�f--#-"e--C-a+��'s--�r-�#-ri�i�ra-#��+'-20� �� A..., e.b. Effective January 1, 201A5 the City contribution shall not 1 F°""acted Strikethrough +Comment 1h2b1 Co reefed to beconsistent m''" increase. _;+: an ornourat__eg al #e-;he ar}�reas in..prerra+ur s for the 9 ArtigWAZ Aaboue -- De?ta DeFormatted: S __.. r�il- �s�P� ,>lan, net to eYeEed 5�--e` ti^a r'-f-y-� Strikethrough c,-ntriblutien ;or 2011 Any increase in premiums above the City's 2014 fie }-contribution cap will be the responsibility of i Formatted. Strikethrough the �- __.. ernpl©vGe]. 1 Comment(msc2ijCtean up pdates>to, FMA MOU October 1, 2013 through September 30, 2015 Page 13 =:r911 HB -175- Item 7. - 19 FIRE MANAGEMENT ASSOCIATION :.j V-' 2014 Health Premiums and Contributions 'Formatted Table Effective 1'1I2014 Z ,. a FMA Emplo_+.ees,who, enrolled in Medical and Vision Plans). Employee31 BiWeekly € , Contribution h Sinale 536.99F1 498.73 38.26 17,66 PERS Anthem HMO Select wo- TPart 1073.98 997,47 76,51 35.31 - a Familv 1396.17 1296.70 99,47 45.91 \ Si Lingle 59220 498 73 93 47 43,14 rcRS. Anthem Htt10 Traditional Two-Partv 1184.40 997.47 186.93 8628 �' 0 Family 15 9 72 1296,70 243.02 112,16 Sinale 543.21 498,73 4448 20,53 PERS Blue Shield HMO Two -Party 1066,42 997.47 88 95 4t05 Familv 1412.35 1296.70 115.65 53 38 ; �A Sinale 457.17 432,03 1 25,14 11.60 PERS Blue Shield NetValue Two -Part 914.34 864.06 50.28 23.21 ��r Familv 1186.64 1123.27 65,37 30,17Rpm ^ ERS Sinale 489.82 499.82 0.00 0.00 ` Health Nei lUl Salud v as Twoart -Pv 979.64 979.64 a,ao 0,00 Family 1273 53 127153 53 0,00 0,010 Sinale 568.51 49873 69 78 32.21 PERS Health Net SmartGare Two -Part 1137.02 997.47 139.55 64.41s ;. Family 1478.13 1296,70 181,43 83 4 Sinale 521,01 498.73 22,28 1028 HERS Unit dhealthca e Two Partv 042 02 997.47 44 55 20 FF Familv 1354.63 1296,70 57 93 2674 Sinale 602.79 488.11 114,68 52 93 PERS Kaiser Two -Party 1205.58 976.23 229.35 10585 Famil 1561 25 1269 09 298 16 137.61 Single 61225 48191 130.34 6fl 16 � PERS Choice Two-Partv 1224.50 963.82 260-68 120,31 ",. Familv 1591.85 1252 96 338.89 15641• Sinale 586.32 44141 144.91 66L88 �E PERS Two-Partv 1172.64 882,82 28982 13376 Select Famil 152 443 1147.67 376,76 73 89 Sinale 638.22 531 53 106,69 49 24 PERS Care Two -Party 1276.44 1063.07 213 37 98.48 Familv 1659.37 1 1381.98 1 277 39 12603 r ` FMA MOU October 1, 2013 through September 30, 2015 Page 14n_ Item 7. - 20 HB - 1 76- FIRE MANAGEMENT ASSOCIATION �f- . f�.. Single 634.00 503 33 130.67 60 31 ; PORAC Two -Party 1186.00 955.83 230,17 06 23 115 FamdJ 1507.00 1214.31 292.69 135.09 «'. -. Single 65.00 1 60.75 1 4.25 1 1.96 Delta Dental PPO Two -Party 1 121.40 1 113.421 7.98 1 3,68 Delta Care HMO Two -Party 49.10 45.12 3.98 L844 ` Famjlv 75.10 69,01 6.09 2.81 Y ..v .. Single 1 25.94 23.87 2 07 096 x tiSP Two -Party 1 25.94 1 23.87 1 2.07 0,96 Fam;!v 25,94 1 23.87 1 2,07 0,96 Medical Opt Out Benefit: $200.00 per month (�9231 bi- W weekiv) .: Emolovee and City Contributions sublact to change as a result of contract negotiations ........._ __ ......... _______ ._...... ____.... .__..._. _. .._...._. {vComment [msc28]'Ciean �' f;;he C...en+.Ml4d hanifh h-f, 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 CaIPERS to participate in the PEMHCA program, CaIPERS 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 CaIPERS 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. 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 Al (annuitants). If by agreement between the Association and the City or if the City elects TO impose termination of its participation in FMA MOU October 1, 2013 through September 30, 2015 Page 15 f � s HB -177- Item 7. - 21 FIRE MANAGEMENT ASSOCIATION 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 1st 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 CaIPERS 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: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. Termination Clause FMA MOU October 1, 2013 through September 30, 2015 Page 16 Item 7. - 22 xB -1 78- FIRE MANAGEMENT ASSOCIATION The City and Association may each request termination of the City's contract with CaIPERS after the announcement of state legislation, judicial rulings, or a CaIPERS board action that changes the employer's contribution, insurance premiums or program changes to the CaIPERS 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, 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. FMA MOU October 1, 2013 through September 30, 2015 Page 17 I III -179- Item 7. - 23 FIRE MANAGEMENT ASSOCIATION 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 FMA MOU October 1, 2013 through September 30, 2015 Page 18 Item 7. - 24 11113-ISO- FIRE MANAGEMENT ASSOCIATION City shall have the 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. FMA MOU October 1, 2013 through September 30, 2015 Page 19 IJ3 -181- Item 7. - 25 FIRE MANAGEMENT ASSOCIATION Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 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 313.6 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 ninety six (896) hours. General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (56) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice 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. B. Sick Leave 1. Accrual FMA MOU October 1, 2013 through September 30, 2015 Page 20 Item 7. - 26 uB -182- FIRE MANAGEMENT ASSOCIATION 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. 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: FMA MOU October 1, 2013 through September 30, 2015 Page 21 14B -t 8;- Item 7. - 27 FIRE MANAGEMENT ASSOCIATION 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 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 FMA MOU October 1, 2013 through September 30, 2015 Page 22 Item 7. - 28 BB -184- FIRE MANAGEMENT ASSOCIATION 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, Bon- 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. 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. FMA MOU October 1, 2013 through September 30, 2015 Page 23 FIB -1 85- Item 7. - 29 FIRE MANAGEMENT ASSOCIATION 5. Only employees that reside within thirty five (35) miles of the City's limits may be assigned a City vehicle. An em iovee assigned a vehicle i� may be re uirea to�� eran directly fig v�ork o� an en�eraenc� sii�Jation, u; +? � al the B. Deferred Compensation Loan Proaram 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. FMA MOU October 1, 2013 through September 30, 2015 Page 24 Formatted: Indent First line: 0" Item 7. - 30 11B -186- FMA MOU October 1, 2013 through September 30, 2015 Page 25 HB -18 7- Item 7. - 31 FIRE MANAGEMENT ASSOCIATION 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 201. CITY OF HUNTINGTON BEACH Fred Wilson City Manager Ken Domer Assistant #y City Manager A mip+s#r9te1 Michele WC-arren Director of Human Resources des!-+ua Brael�s D eputy-Qty...At#-Gr-pey APPROVED AS TO FORM: Jennifer McGrath City Attorney HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Mark Daaaett r FMA President David McBride FMA Representativ 1, FMA MOU October 1, 2013 through September 30, 2015 Page 26 Item 7. - 32 HIS -188- FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Y ............. .......... . . . ... Formatted: Strikethrough Ob E #026 Fire Division Chief 67Z* ..$1.0;824;85 $1.9j420w22 $42j048M $42.j74,0,98 $13j40&w7 Formatted: Font: 11 pt, Strikethrough _ ..................................... ___ ............. I ........... __ - Formatted: Strikethrough .......... Formatted: Font: 11 pt, Strikethrough 'f— Formatted: Strikethrough Formatted: Strikethrough .......... ............... _ .......... - �,, <� Formatted: Strikethrough ........................ .... ......... ............ .. ................. ........... ................ ..... ....... Formatted: Strikethrough . .... ......... ................... _ ................. ..... .. .......................... .......................... . ...... ..................... - ................. .......... - ... I "'I Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 4ode ob ---G4as-sMcafie*-- — --Range-...--- .:A ,W4 644P 443,22 $ 66.15 -$_59,24 62,50 jW& f4m-Dmsjes� Ghio# M_t 46245 Formatted: Font: 11 pt, Strikethrough Strikethrough Formatted: Font: 11 pt, Strikethrough —ormatted: Strikethrough 1., Formatted: Strikethrough ............. ........... - .......... t Formatted: Strikethrough .. . .... ......... ........ .................................... 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Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted:Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Range- — ----A— — ---B ---G— ,Wal- f }� WTt S- �_ 026 6 fire Division Chief 68W $11 w257.94 $11j87.7.03 $12j630;26 $11,249,42 $1-3-946M 4031- Five Battalion Chief W5 t 40.?1 .4131 $ 4464 4.7A0 49.69 §026 Fire -...Division Chief ---........... . ... - 6plot 46.39 S - .49.94 $ 5164 �48 FMA MOU October 1, 2013 through September 30, 2015 Page 28 Formatted: Strikethrough Formatted: Strikethrough Formatted; Font: 11 pt, Strikethrough j Formatted: Strikethrough '��r rmad. ho t. 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough J Formatted: Strikethrough Formatted. 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Strikethrough Formatted: Strikethrough Formatted: Strikethrough I Formatted: Strikethrough Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough d Formatted: Strikethrough Item 7. - 34 11B-190- FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE .(Monthly Rate <- �- �<_ IF .... .. �...... —job ETde 0031 657! $44j449:-3't- $10;60F $"--0`44 $-1 89032 $12,449.34' 0026 Fire Division Chief 6W $3-1,696M $42;233:34 $12,906,17 $43;616.00 $14,363: ' ``ob -ode - #assific io -- -Ra*ge 8-- ... - E - 0034 Fire-Ratta ief 65-7± 4--57:98 -$ 6 -1-7 4--f4:53 -$ ---6609 -$ 7a-32'. 0026 Fire Division Chief 686*. $ M9.0 ..$ 70.58 ..$...... 74:46 $... 78.55 ...............iixT55i##£3rti+6R Rafwe .......... ._......--442--.............. i ........_. ......_. 8 ---- -17r€\ 003.1 FireBattalionChief 657*. $__ .4-1.41 $ 43.69 ..$.. 46:40- $......._48.63 ..$.. .51.30 0026 Fire-Divisien-C-hief 6£6t $....... 47.78 $ .......50.41. $ 53.18 $.........56 '1...1 ..$ ..50.43 Formatted: Strikethrough yj Formatted: Font: 11 pt, Strikethrough ` Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough { Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough y Formatted: Strikethrough — j Formatted: Strikethrough .j Formatted: Strikethrough { Formatted: Strikethrough { Formatted: Strikethrough l Formatted: Strikethrough 1......._................_.......atted......._.................._....,........_..........._....._........ Form: Strikethrough " Formatted: Strikethrough { Formatted: Strikethrough { Formatted: Strikethrough Formatted: Strikethrough 1`Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough { Formatted: Strikethrough ......................................... Formatted: Strikethrough { Formatted: Strikethrough { Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough i Formatted: Strikethrough :? Formatted: Strikethrough Ry Formatted: Strikethrough ...... ......... __ .............. .......... _._... _.._ __ — - Formatted: Strikethrough - `— Formatted: Strikethrough ?£dif9ed universal salary schedule tinge `-�-- ....... _............ ........ _ _ _ _ Formatted: Strikethrough Formatted: Strikethrough .... .... ........ Formatted: Strikethrough q�E E � i ri FMA MOU October 1, 2013 through September 30, 2015 Page 29° H B -191 _ Item 7. - 35 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Job 4;4SSif+GatfOR RaveW A 9 ........... E .Cede 00314 F ire Batta tion Chief 664!: $40j260.30 $10j844.06 $41-j409;-84 $12j036:33 $12j6M33 002-6 Fwt-D-is�� , C-W W42-7-" M478-N W4"49 $4348&-32 W, Formatted: Font: 11 pt, Strikethrough ............. I— .............. ........... - I Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough j Formatted: Strikethrough I I Formatted: Strikethrough ............... ............... "I ...... ............ �f Formatted: Strikethrough .... ............ 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A .C,3G1 Fire Battalion Chief 666 $11 a�f€ 334+ $12:2C7/7 s1-2i.95123 3024 F- 4- CYr YF�a�itYt f 6-9 Q$11Q};455&30 sj. `i9'Y:V4 27-5i Q��1..�1}..,6�3377.022 Y�YV+'Y27M OC, &t"66-P: $t C43 T.R i t5 to t5 to --_GassW nt .. an 'Ada - 21 t42�t -�•�D I \ FMA MOU October 1, 2013 through September 30, 2015 Page 31 ---I Formatted: Strikethrough -'( Formatted: Strikethrough j Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough j Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough ,; (Formatted Strikethrough Formatted: Strikethrough '{ Formatted: Strikethrough Formatted: Strikethrough Formatted Font 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough ( Formatted Strikethrough ( Formatted: Strikethrough Formatted: Strikethrough Formatted . Strikethrough - Formatted: Strikethrough ;j Formatted: Strikethrough ............ Formatted Font. 11 pt, Strikethrough Formatted. Strikethrough Formatted: Strikethrough Formatted: Strikethrough ... ...... ....... Formatted: Strikethroug h -{ Formatted: Strikethrough Formatted: Strikethrough .::::::::::::::::::::::::::: ::...........::::::::::::::: Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 11B -193- Item 7. - 37 t) y y 0034 Fire.Battaiiee-Chief 669* $44l;664A4 $14,260:95 $14,860.76 $12,5-22:60 $13,241:.34 0026 C n r+ , Y� .'r^,�:@r6-GtiPi�# 68$- w-12�385.�2 $42 O,92- l'' w 96:#'a -41 $44 449- aP.,..+,', l42:be-•'. `MI I r0rMaUDLG: �LFIWLUFUU911 Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough { Formatted: Strikethrough Formatted: Strikethrough r j Formatted Strikethrough I Formatted Strikethrough . � � _... {Formatted: Strikethrough ....... . .....___-_. ......... 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Y Item 7. - 38 HB -194- FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE ,qob Code CU&SMeabon Rang -A a C 0 E Fire, Battalion Chief 673* $10;877.70 $11j475;97 $12,407A6 $12F77106 $13j475;57 ,0C-26 Rm-Diviskm-Ghief 7022t $42-,554,43 SU-,244,743 $44A_J70-" $44-_73940 job Code 1,0031 Fire Battalion Chief 6673J� 44.83 47-.229 -$ —49M $ 6 1 �m $ 65:63 1,0026 Fire Division. Chief 702* 51.72 54.57 $ 67Z7 $ .60;74 $ M07 FMA MOU October 1, 2013 through September 30, 2015 Page 33 4 qll ............. ........... .......... ............... ' Formatted: SlTileth!,ouql Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough \`Tormatte - �Font. 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough -rFo;;iatted. Strikethrough Formatted: Font: 11 pt, Strikethrough I Formatted, Strikethrough Formatted: Strikethrough Formatted: Strikethrough j Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough 'fFormatted. Strikethrough 4 .. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough -fFormatted: Strikethrough .......... . - -- ........... .. - ................... - .................. - A "JA HB -19-5- Item 7. - 39 FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE i!pb code Class-i4paVo�n F�ge A s 0 — E 0031 Firo. Saftaffo-n G4i8of 617T$114M&25 $44,70549 $42i34-9,30 $1302&61 S4-1.745,08 $4-2-,MAG .. . .......................................................... Formatted: Font: 11 pt, Strikethrough Formatted: Formatted: Strikethrough Formatted. S ri a roug Formatted. Font: 11 pt, Strikethrough \"f Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough I Formatted: Strikethrough Formatted: Strikethrough ...... ...... ............. Formatted: Strikethrough 2 C of off 2 Formatted: Strikethrough . ......................... ........... .................. -Hour Rate). Formatted: Strikethrough Formatted. Strike, roug Formatted: Strikethrough Formatted: Strikethrough Formatted: Font: 11 pt, Strikethrough Formatted: Strikethrough Formatted: Strikethrough ikethrou r v Formatted: Strikethrough -2.0,P/6 Effective -January I � 201.2 Formatted: Strikethrough -- .............. - ................. ..................................... ;�- Hour. Rate), j Formatted: Strikethrough Formatted: Strikethrough I 'Job -Range-- 2A 0031 Firo-Rattalion Chi,-,* 677*. 45 72 $ 4f,,24 Se, wag 53.69 $ -6&64, FMA MOU October 1, 2013 through September 30, 2015 Page 34 Formatted: Strikethrough Formatted: Strikethrough Formatted: Font; 11 pt, Strikethrough Formatted: Strikethrough I Formatted: Strikethrough Item 7. - 40 HB -196- HB -197- Item 7. - 41 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Fire Management Association Salami 2.0% Effective September 27, 2014 Job Grade B D 'M Fire Battalion 0031 Chief RVIA031 68.39 72.15 7613 80.30 84.73 Lire Division 002 � Chief I ��_ - E�LA02� _ 7 &S�2 _ ��5 IL S7.83 92.6Z 97.76 l;A-Wniir Rates �g. C, ,E p Fire Battalion ....... .... 'o 0031 Chief FMA031, 48.S5 51.54 54.33 5736 60.r2 Lire Division 002C_ IL_ii_ef Erv— AQ 2 6 �L&39 9.47 62.74 66.19 — r, For, V—tkh, P.t. Job ode• It -ion 2-a a-',, rad B Fire Battalion 0031 Chief FNAIA031 11,854.27 12,506.00 13,194.13 1391867 _146F,653 Fire Division 00L26 Chief EM-4026 13.679A7 1,430-00 15,223,87 16,062.80 46,,945 Formatted Table FMA MOU October 1, 2013 through September 30, 2015 Page 36 Item 7. - 42 HB - 11)8- FIRE MANAGEMENT ASSOCIATION 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. FMA MOU October 1, 2013 through September 30, 2015 Page 37 j 1 B -199- Item 7. - 43 FIRE MANAGEMENT ASSOCIATION 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 (10) 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: FMA MOU October 1, 2013 through September 30, 2015 Page 38 Item 7. - 44 HB -200- FIRE MANAGEMENT ASSOCIATION 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 3434 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. FMA MOU October 1, 2013 through September 30, 2015 Page 39 HB _Zpl_ Item 7. - 45 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY 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 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. FMA MOU October 1, 2013 through September 30, 2015 Page 40 Item 7. - 46 IJB -202- | ! FIRE MANAGEMENT ASSOCIATION EXHIBIT C-VOLUNTARY CATASTRPH|C LEAVE DONATION PROGRAM n � Guidelines^�=���� ^ ^�- 1Purpose The purpose of the voluntary catastrophic |oovo donation program is to bridge employees who have been approved leave time toeither; return - - to work, long-term disability, or modood retirement. Employees who 000mo Vacation, Gononz| Leave or Exempt Compensatory Time may `~ donate such |oovo to another employee when o catastrophic illness or `{ injury befalls that employee or because the employee is needed to cove ' for seriously ill family member. The Leave Donation Program is Cifywido across all departments and bintended toprovide onadditional benefit. � Nothing knthis program bintended tochange current policy and practice for use and/or accrual ofVacation, General, orSick Leave. 2. Definitions ' ^ Catastrophic Illness or |rjmy A serious debilitating illness or injury, which incapacitates the employee oronemployee'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 ordomestic portnor). � 3. Eligible Leave . . Accrued Exempt Compensatory Time, Vacation or C;onona| beowo hours may bodonated. The minimum donation onemployee may make btwo (2)hours and the maximum isforty (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 onemployee who: . � ^ Accrues Vacation orGeneral Leave; , |snot receiving disability benefits cxWorkers' Compensation payments; and ' ��� —• Requests donated leave. 5. . The maximum donation credited too recipient's |oovo account shall be , the amount necessary toensure continuation ofthe employee's salary Donations du�ngthe employee's pon� o���oppn�vo�co*znop�o |oovo. ono ons will be voluntary, confidential and irrevocable. Hours donated will be . FMA MOU October 1, 2013 through September 30, 2015 Page 41 Item 7 47 FIRE MANAGEMENT ASSOCIATION-: ` EXHIBIT C —VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM •;_,. ` ,� converted into a dollar 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.41 employee needing leave will complete a Leave Donation Request WAn 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 will be date stamped and used in payroll p 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.to .,�=`` Other r^. P< Please contact the Human Resources Department on questions regarding staff participation in this program._ " x L, �. _ 4 K•.. " 16111, '�- FMA MOU October 1, 2013 through September 30, 2015 Page 42 Item 7. - 48 HB -204- 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 • I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: 'Job Title: =iEmployee ID#: i 33Requester Signature: =Date: 1 i EDepartment Director Signature of Support: Date: t �HumanAesources Deparhta_ent-tlse,{3' End donation date will bridge to: e _. Enc! d+ �z Q `Long Mw Term t�!sabiiity Medical Ret ri ernent„beginriirig. ,, , Lenjtti of=FMLA leave endin yf>; 'Return to work .. 1, Human Resources Director cr signature: ' : ,_ <,:: G ;F Date! Please return this form to the Human Resources Office for processing. FMA MOU October 1, 2013 through September 30, 2015 Page 43 _, FF Al •r,. r� .�y' . hr , q g. s k' V:a 340 . ,..�, .: xB -2os- Item 7. - 49 FIRE MANAGEMENT ASSOCIATION EXHIBIT C - VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete ,lDonor Name: (Please Print or Type: Lost, First, MI) ........ . . _.__. work Phone: Donor Job Title: Fype of Accrued Leave: 'Number of Hours I wish to Donate: Vacation Hours of Vacation ❑ Compensatory Time Hours of Exempt Compensatory Time ❑ General Leave Hours of General Leave 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: . ......... . ..... — ------ -- ..... ...... ligible recipient employee's name (Last, First, MI): Donor Signature: !Date: Please submit to Payroll in the Finance Department. FMA MOU October 1, 2013 through September 30, 2015 Page 44 -6k A, �zFR 4, 41-1 M, A, Al NI 4", a �Aw V� lg 0 "e- Item 7. - 50 HB -206- FIRE MANAGEMENT ASSOCIATION EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT LABOR MANAGEMENT WORKERS" COMPENSATION ALTERNATIVE DISPUTE RESOLUTION BntTmsc38f'New sy This Labor Mar) entered into bv and between L�,onaaennent 'Associl(Iti o--n---('FMA") is created oursuaE.J...."o California Labor Code Section a32�Q I . 7 (a Notnina in this Aareement diminishes the entitlement of an emr)lovee,, to comcensation payate^ts fcr fatal or pariial disability, _tem or disability, or medical treatment fully _q�_ pold b v 'he emplover as otherwise provided in Division 4 of the Labor Code, Nothingin .. . ......... -- - , -.- otherwise ........ .......... .. .... . ....... . .... "... the.._ ......... Labor_ ".." --- .. .................. - this -i'leill domes to an ernolovee the right to rer--sertclion by counsel at all sfooes during the altemcfve dispute resg�LuLi2n_process. Afficle L-Pup pcse The aurcoses of rt are: Division 4 of '!he California Labor Code ("Workers' ComrDensafion Law") with an ...... . . ........ — - - ----- - !2�x �ed�ted procedure to resolve medical di,,Dufes in accorcance wifh Article -.----p I'll. Section D of this Ageemerif to facilHolle iheir pLor_rpf return to work t either full duties or a tror-;sitional duty assignment; ...................... .......... .............. . 2. To provide retirees claiming a presumptive iniury as defined byCalifornia Labor Code (hereinafter "Labor Code") section 3212 e..11--sea, with an f. _y I ,p§�!Jte cqcedure to resolve medical disrutes in accordonce with Article Lh 'V, Section D a � i the Aaree�r 3. To reduce, the number and severity of disputes betweentheCity and covered employees, �Iov when th ose cl,,s,=ujqs ,-elcite to_workers' c omoen-s,pjign; and 4. To crovi�--'e wcr'kers� comoensation coveracre in a way roves labor ........... .... ..................... . .. ................. ... - . ............ - . ........... ........... .. . ........... .. ..... ............ ........ . . .. .... M.pnagen7ent relations, im groves araanivational effectiveness, and reduces costs �O�SZTIS 'o the City. I............. X.- ......... P-,,ese purposes will be achieved bvv utilizing an exclusive list of medical providers to be -,c- sole and exclusive source of �-eclicoi evaluations for disouteo issues surroundino covered er pees in accordgnce with Ca"ifomia Labor Code Section 3201.7�. Now, fherefoe in consideration of the mutual ten-Tis, covenants and conditions herein, L .. . ... ............... . ........... the porfies agree as follows: FMA MOU October 1, 2013 through September 30, 2015 Page 45 baser ) HB -207- Item 7. - 51 FIRE MANAGEMENT ASSOCIATION EXHIBIT D — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT Article II. Term of Agreement The Cit and FMA enter into this Aareement with the understandin that the law authorizing this Aareement is new, untested and evolving. The parties further understand that this Aareement aoverns a ilot program and that it will become effective after it is executed by the parties submitted to the Administrative Director of the State of California Department of Industrial Relations, Division of Workers' Compensation in accordance with Title &, California Code of Regulations, Section 10202td), and accepted by the Administrative Director as evidenced by the Director's letter_to._the rDa_stiesindi_cafinCqa.p.nroval..._oftheA,areement_:This .. AcIreeme_ntshall .__be....i_n effect for ec hteen (18 nonths from the date of the im lementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial iniury sustained before the termination of this Aareement shall continue to be covered by the terms of this Aareement, until all medical issues related to the-gndina claim are resolved. Any medical issue resolved under this Agreement shall be final and bindingg. The parties reserve the right, to terminate this Agreement at any time for good cause by mutual agreement or by act of the legislature. The terminating party must Give thirty (30) days written notice to the other party The parties aa,ree to meet and confer in good faith to tr and resolve the issues underlying the termination during the thirty day period prior to the termination of the Aareement Upon termination of this Agreement, the parties,shal_I„bec�ome__fully_subect t.o t.he,pravisia.ns of, theCalifornia_. law tothe same, extent as.they_were prior to the.. implementolion.of this Aareement except as otherwise srDecified herein. Article III. Sca a of A reement A. This A reement a lied injuries, as defined by Workers' Corn ensation Law, claims by 11 active emplovees, 2) retirees who claim a presumptive iniury as defined b�Cgiifornia Labor Code Section 3212 et sea.' and 3j active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while the were active emplo ees are covered under this Aareement only -or the pus oses of petitions to reo en a re -existing claim unless covered under AM This Aareement does not gpply to any other retired employees_. This Agreement does not cover post -retirement amendments to active claims. ......................................... FMA MOU October 1, 2013 through September 30, 2015 Page 46 JF tea,• a�, fm' Item 7. - 52 HB -208- FIRE MANAGEMENT ASSOCIATION ���i� �• EXHIBIT D — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT , B. Emoloyees who are covered under this Aareement remain covered during the ,... `;r A entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. , •• • D.,,,This Aam_ ., taca..................................livlistomedica(providersto ._q_he.__... ,. , -, be used for medical disipute resolution for the above -covered em to ees in.r -° accordance with California Labor Code Section 3201.7(ci. Article IV. Medical Provider ;a A. This Aareement does not constitute a Medical Provider Network 'MPN Physicians who act as a covered employee's independent medical examiner�� t° =r- (''IME I unaet this Agreement shall not act as the same employee's treating �"'� � phvsician even if the physician has been ore-desianated as the employee's treatin oh rsician, unless otherwise mutua)L........_a reed__b .._..__the_-poarties,.,___....._Pre.- a........ _.)....___. Y 9 ..... ... _...Y .... .:: �', ... dewnation of a ohusician must com with the re uirements set forth fn Labor , ;, Code section 4600td) (1). B All employees with a disputed medical issue as described below it Section D must 140 be evaluated by an approved ohvsician from the exclusive list of aroved;�`, medical providers.........._Said__..._h._sici_an___will...serve__as._._an...!_ME,___._If.__the IME.._needs...._the. ............................... p Y v . ..ate• r. opinion of a different s ecialist, the !ME shall refer the employee to a h Lsician of the IME's choice even if that doctor is not on the aooroved list. The exclusive list of "_ aiDoroved medical oroviders will be established when the Aareement has been approved by all parties. C. The,.. exclusive....l_ists...of__approved..medJ_ca(....provid_e_rs..._shall,._i_nclud_e.._the,_s.pecialties..._as_ agreed upon by the parties. D. An IME shall be used for all medical disoutes that arise in connection with a-� workers' comoensation claim includina but not limited to determination ofr'° causation the nature and extent of an iniurv4 the nature and extent of pe-manent.., v ." disabii t_y.._and..._a.pport�.onmen.. work..._restrictions,___ab..--.._....ty return..._..... �ork.....includ.i_na. :, „� - „ . - ;IF transitional duty, future medical care, and resolution of oil disputes ansinq fram utilization rCode section 40621b1. The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no Ion er available, then the artp ies shall utilize the next soecialist on the list pursuant to Article IV G d ibelowl.,. "", „•r The IME rocess will begin.when either arty gives the other written notice of an .. - objection Objections from the City will be sent to the emolovee with a copy to FMA MOU October 1, 2013 through September 30, 2015 Page 47 uB -209- Item 7. - 53 MR, FIRE MANAGEMENT ASSOCIATION q EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT the emolovee's legal representative if represented and a copy -foFMA. Objections from the employee or employee`s IPgal representative ill be sent to the employee's assigned Claims Examiner with a co to the Claims Man Cb'ectians will be sent within thin days of recei t of a medical r2p2[Lor a A 'J utilization review decision. A letter delavina decision of ihe claim aut ma ic .............. ..... . ..... . ...... 9 ............. 1 gily creates a dispute. A subseau Dnt acceptance of the claim and/or resolution of 1� the dispute issue eliminates the need for completion gLt the dispute resolution process set forth in this Aareement. #1 E. The exclusive exclusive source of medical legal evaluations as well as all other cllsqute(j medical 'issues crisinci from a claimed iniury. F. The parties hereby aaree that from time to time the exclusive list of approved medical providers may be amended. For either party to add an IME to the 'y" exclusive list of medical oroviders, the party must.p.mvide notice, in writi q, to the .. .. .... . . ........ ................................... . .................................................. .......... . . ................................. ... party._ . - .................. ......... ... ................... .............................. ... . ... . . ............. Absentother part of its ntent to add a h sician to the list. a written obiection to the other party within thirty (30) calendar days of receipt of the written proposal, 4 "V the addition will be made. In the event there is an obiection, the Physician will not be added to the list. A physician may only be deleted Lp rn the exclusive list of �gyi.d.ers...if....h..e../s..h..e bre.a..c.h.e.5 th.e t. e r.m.s a..n..d c-o-nditio.n.s.--of the confr cf . p].!Zplical p ............. ............ ..... . .... . .... . ... ... ... ... ... .. ... .... . .. . . . .. .. ..... ... .... .... with the City or Lj�,mu G. Acpcinfmenfs a. The Claims section of the Workers' Compensation Division shall make f the _offhe _oUlecfi�on ac, ointmenfLsl with the IME within fen a e �date p ...... and/or notification of delay for employees covered under this Aareemenf. ........... . ... . --.- . ...... .. . ........... delay . .. ....................... .................. . . . ................ ......................................... -- ..... . ........................ . .............. - .... . .................. . x. b The em to ee shall be res onsible for rovidin the Claims staff with his her work schedule prior to an anointment being, made so that appointments can be made during an e,22plo ee's nonworkina hours or the first crlasst hour -k n ........... . . . ..... .... Physician's aiDiDoinfi-nent durina woi hours will bes .1;)je t to verification ................. .. . . .......... ............. .......... . . ................................................... .... and will be allcweq_q;jaordin I c Mileage reimbursement to covered enp �cees shall be consistent vvi�,hCif oolicv and in accordance with Labor Code Section 4620 _LeJJ2 unless § transportation is provided by the City.; ,� d. For ourooses of apgointmenfs, the Claims staff will select the ImEs by -44 stamina v,/ifh the first name from the exclusive list of ap roved medical r< providers within the pertinent specialty, and continuina down the list, in FMA MOU October 1, 2013 through September 30, 2015 Page 48 A Item 7. - 54 HB -210- FIRE MANAGEMENT ASSOCIATION EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT order, until the list is exhausted, at which time the Claims staff will resume q1' using ,he first name on the list. _ The examination used to resolve he City is not liable for the cost of onv medical E. the oarties' disputes govern2d_by this Agreem_g�nt where said examination is, f..u.rnishe.d ....bv ...'ame.dic.a..l.... orovidert.h...at is..no.t a.utho1r1ized b.v...this. ...A. eemenl. Medical evaluations cannot be obtained outside of this 62Lg�ement far _-N disputes covered by this Agreement. f Both parties shall be bound by the opinions and recommendation of the MEselected in accordance with the terms of this Acreenrieni, Article V. Discoygn� Vees covered by this Agreement shall provide tha Claims s�aff with ally executed me other documents reasonably necessary for the City to resolve the emgiovee's claim, ............. . when._ r e a, u.? sie d. . T hearties, ree they have met and conferred n the lanauaae of the med'icall finonciolZemplgyrn, ent releases to be used under this Agreement, It Said releases cause undue delay or d/or unforeseen adverse imooct(s)to the Citv and/or the FM,�\ and/or its members, then either oartv may reauest a meet and co rding said under confer re �ar dqla and or adver se se The oarfies ---- shall meet and confer within 30 �da is of �aortv's �euest �forrieetand _confer. C. Pm Dlovees shall cooperate in providing a statement. L. This Agreement does not preclude a formal deposition of lhe appl icant or the physician when necessary_,__... Attorney's fees for ernoloyee depositions shall be . ............. . -.... . . .................. . .. . ..... ........... . . ........ . . covered by Labor Ccae section 5710. There will be no attorney 's fees for doctor's depositions. Article V1. General Provisions A. The Agreement constitutes the entire understanding gL_the _arties and sutoersecles oil other Aareemer oral or writlen, with Hres�rDect to �Jhe su�becj Lt _-s motter in this Agreement. B. This Aa7eement shall be ao-verned and construed pursuant to the lows of the A . ...... 1--.1 . ............ . . I . .. ... ............ ........ . . . ........... . ............. . ..... . . ......... I—- . .. ......... . .. - State of California. C. This Aareernent, including2gill _attachments and exhibits, not be amender nor an ovisians waived exce t in writing signed b the arties which txpressl,y, refers lo this Agreement. FMA MOU October 1, 2013 through September 30, 2015 Page 49 FIB -2 11 - Item 7. - 55 It FIRE MANAGEMENT ASSOCIATION': , ,F- EXHIBIT D — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ?, D. If gn portion of this Aareement is found to be unenforceable or illy al the remaining portions shall remain in full force and effect. E. Notice reauired under this Agreement shall be provided to the parties as follows:. F.Intheeventthatthereis andleaoroceedinabetweenthe narties t ....__.___._ .........________._____._.. _ _...__g.__._. enforce or interpret this Aareement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, includina reasonable attorneys fees. A ' ' - '14 . ' h - 'Rk ki -. - A Tf FMA MOU October 1, 2013 through September 30, 2015 Page 50� Item 7. - 56 HB -212- RESOLUTION NO. 2014-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE FIRE MANAGEMENT ASSOCIATION (FMA) AND THE CITY FOR OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2015 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 Fire Management Association (FMA) , 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 Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of October 1, 2013 through September 30, 2015. PASSED AND ADOPTED by the City Council of the City of Puntington Beach at a regular meeting thereof held on thqe-4�61 day Mayor APPROVED: APPROVED AS TO FORM: ty Attorney Memorandum of Understanding Huntington Beach Fire Management Association City of Huntington Beach October 1, 2013 ® September 30, 2015 I MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS PREAMBLE...................................................................................................................... 1 ARTICLEI - TERM OF MOU............................................................................................. 1 ARTICLE II - REPRESENTATIONAL UNIT.......................................................................... 1 ARTICLEIII - SEVERABILITY............................................................................................. 2 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 ................................... 3 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT......................................................................... 4 E. MEDICAL INSURANCE UPON RETIREMENT.....................................................................................4 F. CALPERS ADDITIONAL BENEFITS................................................................................................. 5 G. DIRECT DEPOSIT......................................................................................................................... 5 ARTICLE VI - ADDITIONAL MANAGEMENT BENEFITS ................................................... 6 A. HOLIDAY PAY-IN-LIEU................................................................................................................. 6 B. BILINGUAL SKILL PAY.................................................................................................................. 6 C. PROFESSIONAL ACHIEVEMENT AWARD........................................................................................ 7 ARTICLEVII - UNIFORMS............................................................................................... 7 ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF ............................ 7 A. WORK SCHEDULE....................................................................................................................... 7 B. COMPENSATORY PAY................................................................................................................ 8 1. Prior Approval to Earn Compensatory Time..................................................................................8 2. Prior Approval to Work any Hours in Addition to Regular Schedule.........................................8 3. Description of Compensatory Benefits...........................................................................................8 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS ............................................. 9 A. HEALTH......................................................................................................................................9 1. Effective Date of Coverage............................................................................................................. 9 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA)...................................................................................................9 a. PEMHCA Employer Contributions................................................................................................9 b. Maximum Employer Contributions..............................................................................................9 3. Dental Insurance...............................................................................................................................10 FMA MOU October 1, 2013 through September 30, 2015 Page i MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS 4. Retiree (Annuitant) Coverage........................................................................................................12 a. City Contribution (Unequal Contribution Method) for Retirees...........................................12 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees ..... 12 5. Additional Costs for Participation in the PEMHCA Program.....................................................13 a. Retiree and/or Annuitant Coverage........................................................................................13 b. Termination Clause.......................................................................................................................13 6. Medical Cash-Out...............................14 ............................................................................................. B. SECTION 125 EMPLOYEE PLAN .................................. C. POST RETIREMENT MEDICAL SAVINGS PLAN................................................................................ 14 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.................................................................. 14 E. LONG TERM DISABILITY INSURANCE............................................................................................ 15 F. MISCELLANEOUS...................................................................................................................... 15 1. City Paid Premiums While on Medical Disability.........................................................................15 2. Insurance and Benefits Advisory Committee..............................................................................15 3. Health Plan Over-Payments............................................................................................................16 a. Reduction of Employee's Bi-Weekly Salary Warrant.............................................................16 b. Notice of Ineligible Dependents...............................................................................................16 c. Twelve Month Recovery Period.................................................................................................16 ARTICLE X LEAVE BENEFITS.......................................................................................... 16 A. GENERAL LEAVE...................................................................................................................... 16 1. Accrual................................................................................................................................................16 2. Eligibility and Approval.....................................................................................................................17 3. Conversion to Cash..........................................................................................................................17 B. SICK LEAVE.............................................................................................................................. 18 1. Accrual................................................................................................................................................18 2. Credit...................................................................................................................................................18 3. Usage...................................................................................................................................................18 4. Family Sick Leave..............................................................................................................................18 5. Pay Off At Termination.....................................................................................................................18 C. BEREAVEMENT LEAVE................................................................................................................ 20 ARTICLE XI - CITY RULES.............................................................................................. 20 ARTICLE XII - MISCELLANEOUS................................................................................... 20 A. VEHICLE POLICY...................................................................................................................... 20 B. DEFERRED COMPENSATION LOAN PROGRAM............................................................................ 21 C. ASSOCIATION BUSINESS............................................................................................................ 21 D. MODIFIED RETURN TO WORK POLICY........................................................................................ 21 FMA MOU October 1, 2013 through September 30, 2015 Page ii MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING..................................................................... 21 F. GRIEVANCE HEARING OFFICER FEES......................................................................................... 21 G. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION........................................................................... 22 H. ALTERNATIVE DISPUTE RESOLUTION AGREEMENT.......................................................................... 22 ARTICLE XIII - CITY COUNCIL APPROVAL.................................................................. 23 EXHIBIT A - SALARY SCHEDULE............................................................ ................... 24 EXHIBIT B - SERVICE CREDIT SUBSIDY......................................................................... 26 EXHIBIT C - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ................ 30 EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ................................... 34 FMA MOU October 1, 2013 through September 30, 2015 Page iii 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 October 1, 2013, 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 October 1, 2013 and expiring on September 30, 2015. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. The Association shall have the option to extend the MOU for an additional one year period without any changes. If the Association wishes to do so, it must advise the City in writing (to the Human Resources Director) by May 31, 2015 at 5:00 p.m. ARTICLE II - 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. FMA MOU October 1, 2013 through September 30, 2015 Page 1 FI, MANAGEMENT ASSOCIATION' 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 not 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 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 matters 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 the beginning of the pay period following City Council approval of this agreement; all unit employees will receive a 4.75% wage increase; Effective the beginning of the pay period that includes October 1, 2014, a unit employees will receive a 2.0% wage increase. FMA MOU October 1, 2013 through September 30, 2015 Page 2 FIRE MANAGEMENT ASSOCIA i V C. California Public Employees' Retirement System (CaIPERS) Pick-up a. The City shall provide all safety employees described as "classic members by the Public Employees' Pension Reform Act of 2013 - "PEPRA" with that certain retirement program commonly known and described as the "370" at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Section-s 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees' Retirement System, Section 21571 of the California Government Code. b. Effective October 1, 2013 through the beginning of the pay period following City Council approval of this MOU, all "classic members" shall pay as part of the required member retirement contribution an amount equal to six and three quarters percent (6.75%) of pensionable income to the Public Employees' Retirement System (PERS). The remaining portion of the required member retirement contribution (two and one quarter percent (2.25%) of pensionable income) shall be paid by the City. c. Effective at the beginning of the pay period following City Council approval of this MOU, all "classic members" shall pay to PERS as part of the required member retirement contribution an additional two and one quarter percent (2.25%) of pensionable income for a total of nine percent (9%) of pensionable income. d. The City has contracted with PERS 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). e. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU f. The City provides the Pre -Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association. g. For "New Members" within the meaning of the California Public Employees' Pension Reform Act of 2013. FMA MOU October 1, 2013 through September 30, 2015 Page 3 F -'MANAGEMENT ASSOCIATION 1) New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. 3) Effective October 1, 2013, 'new members" as defined by PEPRA shall contribute one half of the normal cost rate, as established by CalPERS. h. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h) (2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 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: In the event an employee elects Option # 1, #2, #2W, #3, #3W, or #4 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 as provided in California Government Code Sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. 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. 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 FMA MOU October 1, 2013 through September 30, 2015 Page 4 :IRE MANAGEMENT ASSOCIATI l Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS 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 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 The City shall provide all safety employees with the retirement program commonly known and described as the "A 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. FMA MOU October 1, 2013 through September 30, 2015 Page 5 I E MANAGEMENT ASSOCIATIOI ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS A. 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: - l . 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 1 1) 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. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a) (5) Holiday Pay. B. Bilingual Skill PaX 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%) FMA MOU October 1, 2013 through September 30, 2015 Page 6 FIRE; MANAGEMENT ASSOCIi , ON 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. C. Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. 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. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CalPERS. ARTICLE Vill - WORK SCHEDULE/COMPENSATORY PAY/TIME 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 FMA MOU October 1, 2013 through September 30, 2015 Page 7 RK ,MANAGEMENT ASSOCIATION during the ten hour shift. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pax 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.B.3. below. 2. Prior approval to work any hours in addition to regular schedule a. 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 any hours that are in addition to their regular schedule in advance from the Fire Chief. b. Employees shall work thirty-five (35) 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. This language (2b.) shall sunset at the expiration of this agreement. If the agreement is extended beyond 09/30/15, this provision will sunset as of 09/30/15. 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. FMA MOU October 1, 2013 through September 30, 2015 Page 8 IRE MANAGEMENT ASSOCIATi ARTICLE IX- HEALTH AND OTHER INSURANCE BENEFITS 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 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: FMA MOU October 1, 2013 through September 30, 2015 Page 9 E MANAGEMENT ASSO41AT101 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 +211) The maximum City contribution shall be based on 1he 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 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, 2015, the City contribution in each category shall not increase. Any increase in premiums above the City's 2014 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+l ") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2015, the City contribution shall not increase. contribution cap will be the responsibility of the employee. FMA MOU October 1, 2013 through September 30, 2015 Page 10 FIRE MANAGEMENT ASSOCIA A 2014 Health Premiums and Contributions Effective 1I1I2014 FMA (Employees who enrolled in Medical and Vision Plans) Employee Bi-Weekly Contribution Single 536.99 498.73 38.26 17.66 PERS Anthem HMO Select Two -Party 1073.98 997.47 76.51 35.31 Family 1396.17 1296.70 99.47 45.91 .T.¢,v-'.. Sin le 592.20 498.73 93.47 43.14 PERS Anthem HMO Traditional Two -Party 1184.40 997.47 186.93 86.28 Family 1539.72 1296.70 243.02 112.16 Single 543.21 498.73 44.48 20.53 PERS Blue Shield HMO Two -Party 1086.42 997.47 88.95 41.05 Family 1412.35 1296.70 115.65 53.38 13. Single 457.17 432.03 25.14 11.60 PERS Blue Shield NetValue Two -Party 914.34 864.06 50.28 23.21 Family 1188.64 1123.27 65.37 30.17 Single 489.82 489.82 0.00 0.00 PERS Health Net Salud y Mas Two -Party 979.64 979.64 0.00 0.00 Family 1273.53 1273.53 0.00 0.00 .� Single 568.51 498.73 69.78 32.21 PERS Health Net SmartCare Two -Party 1137.02 997.47 139.55 64.41 Family 1478.13 1296.70 181.43 83.74 Single 521.01 498.73 22.28 10.28 PERS U n ited healthcare Two -Party 1042.02 997.47 44.55 20.56 Family 1354.63 1296.70 57.93 26.74 f S'ir,:•. .SU 84 fieK 3r'- t rp,. Single 602.79 488.11 114.68 52.93 PERS Kaiser Two -Party 1205.58 976.23 229.35 105.85 Family 1567.25 1269.09 298.16 137.61 Single 612.25 481.91 130.34 60.16 PERS Choice Two -Party 1224.50 963.82 260.68 120.31 Family 1591.85 1252.96 338.89 156.41 Single 586.32 441.41 144.91 66.88 PERS Select Two -Party 1172.64 882.82 289.82 133.76 Family 1524.43 1147.67 376.76 173.89 Single 638.22 531.53 106.69 49.24 PERS Care Two -Party 1276.44 1063.07 213.37 98.48 Family 1659.37 1381.98 277.39 128.03 FMA MOU October 1, 2013 through September 30, 2015 Page 11 FIB .'MANAGEMENT ASSOCIATION -43 PORAC Single 634.00 503.33 130.67 60.31 Two -Party 1186.00 955.83 230.17 106.23 Family 1507.00 1214.31 292.69 135.09 Delta Dental PPO Single 65.00 60.75 4.25 1.96 Two -Party 121.40 113.42 7.98 3.68 Family 160.00 149.48 10.52 4.86 ray X ; .. �x.� ace. Delta Care HMO Single 28.88 26.54 2.34 1.08 Two -Party 49.10 45.12 3.98 1.84 Family 75.10 69.01 6.09 2.81 VSP Single 25.94 23.87 2.07 0.96 Two -Part 25.94 23.87 2.07 0.96 Family 25.94 23.87 2.07 0.96 Medical Opt Out Benefit: $200.00 per month ($92.31 bi-weekly) Employee and City Contributions subject to change as a result of contract negotiations 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 CaIPERS to participate in the PEMHCA program, CaIPERS 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 COPIERS 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. 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. FMA MOU October 1, 2013 through September 30, 2015 Page 12 FIRE`MANAGEMENT ASSOCIlk JN 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 1 St 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 ColPERS 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: $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, FMA MOU October 1, 2013 through September 30, 2015 Page 13 FIF, MANAGEMENT ASSOCIATION 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, 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. FMA MOU October 1, 2013 through September 30, 2015 Page 14 FIRE MANAGEMENT ASSOCIA _)N 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. Miscellaneo 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. FMA MOU October 1, 2013 through September 30, 2015 Page 15 F11, MANAGEMENT ASSOQIATION 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 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) FMA MOU October 1, 2013 through September 30, 2015 Page 16 FIREMANAGEMENT ASSOCIA iN hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 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 313.6 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 ninety six (896) hours. General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (56) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice 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. FMA MOU October 1, 2013 through September 30, 2015 Page 17 FI, MANAGEMENT ASSOCIATION B. Sick Leave 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. Usa-ge 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. 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. FMA MOU October 1, 2013 through September 30, 2015 Page 18 FIRE ,MANAGEMENT ASSOCIA A 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 compensable amount shall be correspondingly reduced. (Example: Employee had one thousand (1,000) hours FMA MOU October 1, 2013 through September 30, 2015 Page 19 FK :MANAGEMENT ASSOCIATION 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 Policv 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. FMA MOU October 1, 2013 through September 30, 2015 Page 20 FIRE MANAGEMENT ASSOCIA; )N 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. An employee assigned a vehicle may be required to be able to report directly to work or any emergency situation, at the direction of the Fire Chief or his/her designee. Use of the assigned vehicle for more than minimal personal use is not authorized. B. Deferred Compensation Loan Program Employees may borrow up to compensation funds for critical tuition, or purchase of a home regulations. C. Association Business fifty percent (50%) of needs such as medical , pursuant to program their deferred costs, college standards and 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. FMA MOU October 1, 2013 through September 30, 2015 Page 21 FI( MANAGEMENT ASSOCIATION 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. H. Alternative Dispute Resolution Agreement The ADR agreement between the City and FMA as executed on April 1, 2013 is herein referenced as Exhibit D. FMA MOU October 1, 2013 through September 30, 2015 Page 22 FIRE .MANAGEMENT ASSOCIA )N 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, jhe parties her to have executed this Memorandum of Understanding thisr day f 2014. HUNTINGTON BEACH CITY O H NTING TON BEACH FIRE MANAGEMENT ASSOCIATION Fre ilso Mark Daggett anag r FMA President omen / William H. Reardon Assistant cry Managers FMA Vice -President xz: /6x�' - 0 C' J - M r - "chele Warren David McBride irector of Human Resources FMA Representative APE,;�CVED AS TO FORM: Jennifer McGrath City Attorney FMA MOU October 1, 2013 through September 30, 2015 Page 23 Flkr- MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Fire Management Association Salary Schedule- 4.75% Effective September 13, 2014 40-Hour Rate ORMUM -5--m Classification-C! P. 0031 Fire Battalion Chief FMA031 67.05 70.74 74.63 78.73 83.07 0026 Fire Division Chief FMA026 77.37 81.62 86.11 90.85 95.84 56-Hour Rate "MM NA fid6tidif �y Gr4c!et --T VO n 0031 Fire Battalion Chief FMA031 47.89 50.53 53.31 56.24 59.33 0026 Fire Division Chief FMA026 55.27 58.30 61.51 64.89 68.45 Monthly Rate �,C 0 - ----- 13 2- 0031 Fire Battalion Chief FMA031 11,622.00 12,261.60 12,935.87 13,646.53 14,398.80 0026 Fire Division Chief FMA026 13,410.80 14,147.47 14,925.73 15,747.33 16,612.27 FMA MOU October 1, 2013 through September 30, 2015 Page 24 Flkr- MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Fire Management Association Salary Schedule 2.0% Effective September 27, 2014 40-Hour Rate 6 Gl ''.1fid'afflon Z kN -,%AY 4;Z" §9!- -4R."t; 0031 Fire Battalion Chief FMA031 68.39 72.15 76.12 80.30 84.73 0026 Fire Division Chief FMA026 78.92 83.25 87.83 92.67 97.76 56-Hour Rate ROOM gg, 0 010, 71 - wip�-ye E13 - 5 AMM D R ON N �---% 0031 Fire Battalion Chief FMA031 48.85 1 51.54 1 54.38 1 57.36 1 60.52 0026 , Fire Division Chief L FMA026 56.38 59.47 62.74 66.19 69.82 Monthly Rate Classification U 0031 Fire Battalion Chief FMA031 11,854.27 12,506.00 13,194.13 13,918.67 1 14,686.53 0026 Fire Division Chief FMA026 13,679.47 14,430.00 15,223.87 16,062.80 � 16,945.07 FMA MOU October 1, 2013 through September 30, 2015 Page 25 � I FIRE MANAGEMENT ASSOCIATION 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 (CalPERS). 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. FMA MOU October 1, 2013 through September 30, 2015 Page 26 FIRE MANAGEMENT ASSOCIATION 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 (10) 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: FMA MOU October 1, 2013 through September 30, 2015 Page 27 FIRE MANAGEMENT ASSOCIATION 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 25 344 The Service Credit Subsidy will be reduced every January 1 st 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. FMA MOU October 1, 2013 through September 30, 2015 Page 28 i FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY 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 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. FMA MOU October 1, 2013 through September 30, 2015 Page 29 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 FMA MOU October 1, 2013 through September 30, 2015 Page 30 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM converted into a dollar 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. FMA MOU October 1, 2013 through September 30, 2015 Page 31 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) Work Phone: Department: Job Title: Employee ID#: equester Signature: Date: Department Director Signature of Support: (Date: Hurnan Resources Director Signature Date: signed r. r � n, Please return this form to the Human Resources Office for processing. FMA MOU October 1, 2013 through September 30, 2015 Page 32 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) Work Phone: Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Exempt Compensatory Time ❑ General Leave Hours of General Leave 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: Date: Please submit to Payroll in the Finance Department. FMA MOU October 1, 2013 through September 30, 2015 Page 33 FIRE MANAGEMENT ASSOCIATION EXHIBIT D— ALTERNATIVE DISPUTE RESOLUTION AGREEMENT LABOR MANAGEMENT WORKERS' COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FIRE MANAGEMENT ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement ("Agreement") entered into by and between the City of Huntington Beach ("City") and the Fire Management Association ("FMA") is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: 1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code ("Workers' Compensation Law") with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; 2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter "Labor Code") section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers' compensation; and 4. To provide workers' compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: FMA MOU October 1, 2013 through September 30, 2015 Page 34 FIRE MANAGEMENT ASSOCIATION EXHIBIT D— ALTERNATIVE DISPUTE RESOLUTION AGREEMENT Article II. Term of Agreement The City and FMA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers' Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director's letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the some extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers' Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post -retirement amendments to active claims. FMA MOU October 1, 2013 through September 30, 2015 Page 35 FIRE MANAGEMENT ASSOCIATION EXHIBIT D— ALTERNATIVE DISPUTE RESOLUTION AGREEMENT B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above -covered employees in accordance with California Labor Code Section 3201.7(c). Article IV. Medical Provider A. This Agreement does not constitute a Medical Provider Network ("MPN"). Physicians who act as a covered employee's independent medical examiner ("IME") under this Agreement shall not act as the same employee's treating physician even if the physician has been pre -designated as the employee's treating physician, unless otherwise mutually agreed by the parties. Pre- designation of a physician must comply with the requirements set forth in Labor Code section 4600(d) (1). B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME's choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties. C. The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties. D. An IME shall be used for all medical disputes that arise in connection with a workers' compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to FMA MOU October 1, 2013 through September 30, 2015 Page 36 FIRE MANAGEMENT ASSOCIATION EXHIBIT D— ALTERNATIVE DISPUTE RESOLUTION AGREEMENT the employee's legal representative if represented and a copy to FMA. Objections from the employee or employee's legal representative will be sent to the employee's assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision. A letter delaying decision of the claim automatically creates a dispute. A subsequent acceptance of the claim and/or resolution of the dispute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement. E. The exclusive list of approved medical providers shall serve as the exclusive source of medical -legal evaluations as well as all other disputed medical issues arising from a claimed injury. F. The parties hereby agree that from time to time the exclusive list of approved medical providers may be amended. For either party to add an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list. Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments. a. The Claims section of the Workers' Compensation Division shall make appointments) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims staff with his/her work schedule prior to an appointment being made so that appointments can be made during an employee's nonworking hours or the first or last hour of his/her workday. The amount of time allotted for hours spent at a physician's appointment during working hours will be subject to verification and will be allowed accordingly. c. Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e) (2) unless transportation is provided by the City. d. For purposes of appointments, the Claims staff will select the IME's by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in FMA MOU October 1, 2013 through September 30, 2015 Page 37 FIRE MANAGEMENT ASSOCIATION EXHIBIT D— ALTERNATIVE DISPUTE RESOLUTION AGREEMENT order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list. e. The City is not liable for the cost of any medical examination used to resolve the parties' disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement. f. Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee's claim, when requested. B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the FMA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party's request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a -;formal deposition of the applicant or the physician when necessary. Attorney's fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney's fees for doctor's depositions. Article VI. General Provisions A. The Agreement constitutes the entire understanding of the parties and supersedes all other Agreements, oral or written, with respect to the subject matter in this Agreement. B. This Agreement shall be governed and construed pursuant to the laws of the State of California. C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the parties which expressly refers to this Agreement. FMA MOU October 1, 2013 through September 30, 2015 Page 38 FIRE MANAGEMENT ASSOCIATION EXHIBIT D— ALTERNATIVE DISPUTE RESOLUTION AGREEMENT D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. E. Notice required under this Agreement shall be provided to the parties as follows: F. In the event that there is any legal proceeding between the parties to enforce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. FMA MOU October 1, 2013 through September 30, 2015 Page 39 Res. No. 2014-56 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 September 2, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None City Jerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California