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Home My WebLink AboutMilitary Leave Compensation and Benefits for City Employees Council/Agency Meeting Held: a as d Deferred/Continued to: )kApp ved ❑ Conditionally Approved ❑ Denied C CI Signa e Council Meeting Date: December 6, 2010 Department ID Number: HR 10-024 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution--No. 2010-99 regarding military leave compensation and benefits for City employees called to active duty with the armed forces Statement of Issue: On November 19, 2001, the City Council adopted a Resolution to continue=defined compensation for those employees serving as military reservists engaged ir�-orclered active military training and duty. Since that time, the City Council has approved Resolutions (2007-19) and (2009-09) extending the provisions of the original Resolution through December 31, 2009; thereby providing additional temporary partially paid military leave of absence and continuation of other - determined benefits. This Resolution extends the authorized compensation and benefits until such time as Council discontinues the benefit. Financial Impact: Pay and benefits are currently funded in the existing budget. Recommended Action: Motion to: Adopt Resolution No. 2010-99,"A Resolution of the City Council of the City of Huntington Beach Providing for Temporary Partially Paid Military Leave of Absence and Continuation of Benefits for City Employees Called to Active-Duty with the Armed Forces." Alternative Action(s): Do not Adopt Resolution No. 2010-99 providing for additional temporary partially paid military leave of absence and continuation of benefits for city employees called to active duty with the armed forces. HB -183- Item 6. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 12/6/2010 DEPARTMENT ID NUMBER: HR 10-024 Analysis: The City Council approved military benefits for active duty reservists on November 19, 2001, and has approved the extension of these benefits for each calendar year thereafter. The last calendar year of benefits expired as of December 31, 2009. In compliance with state and federal law, public employers provide mandated benefits (leave, reinstatement rights etc.) to impacted employees in military service.. However, federal and state law varies with respect to compensation while employees are serving on active duty. Federal law provides no requirement for salary continuance; state law limits salary continuance to the first thirty (30) days of performance of ordered military duty. Neither federal nor state law requires the continuation of employer-paid health insurance coverage for-employees on military leave. The proposed Resolution (Attachment 1) extends compensation and benefits as summarized below: 1. Pay Differential — Continued regular pay calculated by the difference between the gross pay and allowances actually received by the employee from the United States government and the gross pay that said employee would have received from the City of he or she had not been called to active military duty, including any scheduled cost of living and/or benefit adjustments. 2. Service Credits — Continued retirement service credits (pursuant to Government Code 20994 of the California Public Employees' Retirement Law) and city service credits, excluding the accrual of general leave, vacation, sick leave, or merit step advancements during the term of active military duty. 3. Benefits — Continued benefits to such employees' dependents to the same extent that he or she would have received if not called into active military duty. The extension of compensation and benefits will continue, unless-cancelled by future action of the City Council. The proposed Resolution provides benefits beyond that required in the City of Huntington Beach Personnel Rules (Rule 18-22). The extension of benefits provided by the Resolution applies only to permanent employees of the City. We currently do not have any employees receiving military benefits. This Resolution is an outward demonstration of continued support for City of Huntington Beach employees who are military reservists and enlistees. Environmental Status: N/A Strategic Plan Goal: Maintain and Enhance Public Safety Item 6. - 2 HB -184- REQUEST FOR COUNCIL ACTION MEETING DATE: 12/6/2010 DEPARTMENT41) NUMBER: HR 10-024 Attachrnent(s): No, Descrititiop, kV 1 Resolution 2010-99,"A Resolution of the City Council of the City of Huntington Beach Providing for Temporary Partially Paid Military Leave of Absence and Continuation of Benefits for City Employees Called to Active Duty with the Armed Forces." HB -185- Item 6. - 3 ATTACHMENT # 1 RESOLUTION NO. 2010-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE AND CONTINUATION OF BENEFITS FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES WHEREAS, a number of City of Huntington Beach employees may be or have been called into active military service in connection with actions to combat aggressions against America; and The City Council of the City of Huntington Beach desires to alleviate financial hardships that employees and their families may experience as a result of being called to active duty to serve during such crisis, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: i. Each officer or employee who is called to active duty shall be entitled to receive leis or her salary for the first 30 days while engaged in the performance of ordered military duty (""Pa.id Leave"), as well as other qualifying benefits, as defined by the associated Military and Veterans Codes. 2. Each officer or permanent employee of the City who is eligible to receive such Paid Leave and, who has been, or is in the future, called to active military duty with the Armed Forces of the United States shall be entitled to leave with partial pay pursuant to the terms of this Resolution for the period of absence on active duty in excess of the period covered by current Paid Leave provisions. 3. The amount of pay each officer or permanent employee shall be entitled to receive from the City for said additional period of military leave shall be the difference between the gross pay and allowances actually received by the officer or employee from the United States for sueb service and the gross pay that said officer or employee would have received from the City if he or she had not been called to active military duty, including any scheduled cost of living salary and/or benefit adjustments. 4. The City shall provide continued retirement service credits (pursuant to California Public Employees' Retirement System (CALPERS), Government Code Section 20994) and servicc credits, excluding the accrual of general, vacation, sick leave, or merit step advancements during the term of ordered military duty. 5. The City shall provide continued benefits to such employees' dependents to the same extent that he or she would have received if not called into active military duty. 6. Pay and benefits pursuant to this Resolution are conditioned upon the officer or employee requesting such payment and providing satisfactory proof and documentation of eligibility to receive payment in accordance with the procedures established by the City. 07-879.001/55363 1 Resolution No. 2010-99 7. Pay and benefits pursuant to this Resolution are conditioned upon the officer or employee providing a leave and earnings statement(LES) upon request by the City. 8. The pay and benefits authorized by this Resolution shall continue until terminated by resolution of the City Council. 9. The effective date of this Resolution shall be January 1, 2010. 10. The pay and benefits outlined in Section 1 apply to all officers and employees of the City. 11. The pay and benefits outlined in Sections 2-5 apply to all officers and employees as qualified by resolutions for the following designated employee groups: Huntington Beach Management Employees Organization (HBMEO) Huntington Beach Fire Management Association(HBFMA) Huntington Beach Firefighters Association(HBFA) Huntington Beach Municipal Employees Association(HBMEA) Huntington Beach Police Management Association (HBPMA) Huntington Beach Police Officers Association (HBPOA) Marine Safety Officers Association(MSOA) Non-Associated 12. Resolution No. 2009-09 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of December , 2010. M or REVIEW D APPROVED: IN AYD P City Ad4strator ctor of H Resources APP OVED AS TO FORM: lkw Ci Attorn y 07-879.001/55363 2 Res. No. 2010-99 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 December 6, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None i Cit Clerk and ex-officio Vierk of the City Council of the City of Huntington Beach, California