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RES-2006-111RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R -17 WHICH ESTABLISHED PERSONNEL RULES FOR MANAGEMENT, CONFIDENTIAL AND NON - REPRESENTED PART -TIME CLASSIFICATIONS WHEREAS, the Human Resources Director has recommended in a staff report dated May 30, 2006, that Resolution No. 92R -17 be amended in the manner hereinafter set forth, and WHEREAS, the City Council of the City of Anaheim does find that amending Resolution No. 92R -17 is in the best interest of the City of Anaheim; and WHEREAS, as a result thereof, the need exists to amend Resolution No. 92R -17 which established Personnel Rules for Management, Confidential and Part-Time Non - Represented classifications. as follows: follows: follows: 2. That, Section 16.0. of Personnel Rule 16, Vacation, be amended to read as "16.0 Full -time Confidential, Miscellaneous Management and Safety Management /00-- employees in the classified service with an average work week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions (except for those classifications listed under Section 16.1 of the Rule):" 3. That, Section 16.1. of Personnel Rule 16, Vacation, be deleted and anew Section 16.1 be added as follows: "16.1 Employees working in part-time classifications listed below who work eight- hundred (800) or more hours in any calendar year shall be paid three percent (3 %) of his /her gross earnings as vacation benefits. The calendar year shall be defined as the period for which wages earned are reported for tax purposes." 4. That, Section 16.10. of Personnel Rule 16, Vacation, be renumbered and amended to read follows: "16.9 Any employee in a classification designated as Miscellaneous Management or Safety Management shall have the ability to be compensated for accrued vacation hours at any time throughout the year, subject to the following provisions:" NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim 1. That, Section 3.1 of Personnel Rule 3, Compensation, be amended to read as "3.1 Salary structure adjustments adopted by City Council action, shall apply to Council Appointees unless a motion by Council to deny or modify such adjustment is taken. FAOT3673CS.DOC 5. That, Section 16.11 of Personnel Rule 16, Vacation, be deleted and Section 16.12 renumbered to Section 16.11. 16.12. 16.13. as follows: 6. That, Section 16.13 of Personnel Rule 16, Vacation be renumbered to Section 7. That, Section 16.14 of Personnel Rule 16, Vacation be renumbered to Section 8. That, Section 32.0 of Personnel Rule 32, Paid Leave Program, be amended to read "32.0 Effective June 27, 2007, full -time management employees in the classified service with ..- an average, regular work week of fifty -six (56) hours shall accrue paid leave time in accordance with the following conditions: 32.01 For the first four (4) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 10.75 hours for each complete biweekly pay period (279.5 hours or 11.6458 shifts per year). 32.02 Upon completion of four (4) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 11.5 hours for each complete biweekly pay period (299.0 hours or 12.4583 shifts per year) 32.03 Upon completion of eight (8) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 13 hours for each complete biweekly pay period (338.0 hours or 14.0833 shifts per year). 32.04 Upon completion of fourteen (14) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 14.25 hours for each complete biweekly pay period (370.5 hours or 15.4375 shifts per year) 32.05 Upon completion of nineteen (19) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 15.75 hours for each complete biweekly pay period (409.5 hours or 17.0625 shifts per year)." 9. That, a new Section 33.1.5 be added to Personnel Rule 33, Post Retirement Medical Benefits to read as follows: "33.1.5 Fire Safety Management employees who have completed five or more years of continuous full -time Anaheim service and who terminate employment with Anaheim and are subsequently reinstated within three years of their date of separation shall be credited with prior service for the purpose of calculating continuous full -time Anaheim service upon completion of all of the vesting requirements of Section 33.1." 10. That, a new Section 32.2.3 be added to Personnel Rule 33, Post Retirement Medical Benefits to read as follows: FAOT3673CS.DOC "32.2.3 Police and Fire Safety retirees shall be required to enroll in Medicare Parts A and B for those who retire on or after March 13, 2006." 11. That, Section 33.4 of Personnel Rule 33, Post Retirement Medical Benefits, be renumbered and amended to read as follows: "33.3 The following provisions shall apply to employees covered under this RULE and who are in the PERS Miscellaneous Group and retire on or after January 1, 2006, and who are receiving post- retirement medical benefits under the provisions of Sections 33.1 and 33.2. 33.3.1 Only ANAHEIM service accrued through December 31, 2005, shall be credited to the employee in determining the City's percentage contribution towards the premium costs of the plan(s) elected by the retiree. 33.3.2 Retirees shall be required to enroll in Medicare Parts A and B upon establishing eligibility. Failure to enroll when eligible will result in cancellation of coverage." 12. That, Section 33.9 of Personnel rule 33, Post Retirement Medical Benefits, be renumbered and amended to read as follows: "33.8 The City Manager, City Attorney, City Treasurer and City Clerk hired prior to January 1, 2002, who are otherwise eligible under the provisions of this RULE shall receive a minimum benefit of seventy -five percent (75 %). Any Employee (as defined in this RULE) who serves in one or more additional positions also eligible for benefits under this RULE, shall be entitled to a single benefit hereunder." BE IT FURTHER RESOLVED that the effective date of this Resolution shall be upon adoption by City Council. AND, BE IT FURTHER RESOLVED that except as amended herein, Resolution No. 92R -17 shall remain I full force and effect. FAOT3673CS.DOC THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 30th day of May , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None MAYOR OF THE WON ANAHEIM ATTEST: Q(rY CLER OFT E CITY OF ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY FAOT3673CS.DOC RULE 3. COMPENSATION Section 3.0 The Human Resources Director, under the direction of the City Manager, shall be responsible for recommending wages, rates, and salary schedules and/or salary ranges for each confidential, management, and non - represented part -time job classification, the City Manager, City Attorney, City Clerk and the City Treasurer. 3.1 Salary structure adiustments adopted by City Council action, shall apply to Council Appointees unless a motion by Council to deny or modify such adiustment is taken. 3.2 Employees hired to work on a part -time basis in any non- represented part -time classification with a full -time equivalent shall be compensated at the hourly rate of pay established for the full -time classification. Doc: Rule3Ftvkiimurfconvert /personnel Revised 04/14188 (Resolution No. 88R -166) Revised 2/92 Revised 5106 J3,p�E' -------------------------------------- _------_---'_—_____________________________' Section 16.0 Full-time Confidential ty Deleted: and in the classified service with an average work week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions (except for those classifications listed under Section 16.1 Formatted: Font: 10 pt of this RULE): Forinatted: Font: 10 pt 16.0.1 For the first four years ov continuous, full-time service shall accrue paid vacation oothe Deleted: and Police rate nf four (4) hours for each complete biweekly pay period plus two (2) hours for paid 'C;;nnatted: Font: 10 pt vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours or 13.25 working days per year). Deleted: T Section 16.1 Management employees in the classifications of 16.0.2 Upon completion of four years of continuous, full-time service, such employees shall 1 Fire Chief, Fire Division Chief, Fire accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period Marshal, Fire Battalion chief-40 Hours (130 hours per year). and Deputy Fire Marshal shall receive annual vacation pay in accordance with the following provisions:T 16.0.3 Upon completion of eight years of continuous, full-time service, such employees shall T accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period Employees hired on or after March 6, (156 hours per year). 2001, for the first four years of continuous, full-time service shall accrue paid vacation at the rate of 16.0.4 Upon completion of fourteen years of continuous, full-time service such employees shall three (3) hours for each complete accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period biweekly pay period plus two (2) (182 hours per year). hours af paid vacation at the close of the final complete biweekly pay period of each fiscal year (80 hours 16.0.5 Upon completion of nineteen years of continuous, full-time service, such employees shall per year). The maximum amount of accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period vacation that may be accrued is 160 (208 hours per year). hours. 16.0.6 Upon completion of twenty-four (24) years of continuous, full-time service, employees <#>Upon completion of four years of shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay confinuous, full-time service, such employees shall accrue paid vacation period (234 hours per year). at the rate of four (4) hours fot each complete biweekly pay period plus Section 16.1. ___ Emp�qyf!t��rking in part-time classifications listed below who work or more hours in any calendar year shall be paid three percent (3%) of his/her gross earnings as vacation pay period of each fiscal year (106 benefits. The calendar year shall be defined as the period for which wages earned are reported for tax hours). The maximum amount of purposes. vacation that may be accrued is 260 Assistant Box Office Treasurer <#>Upon completion of eight years of Box Office Treasurer continuous, full-time service, such employees shall accrue paid vacation Convention Center Concessionaire Convention Center Relief Events Supervisor �1; at the rate of five (5) hours for each complete biweekly pay period 130 Crowd Control Supervisor hours). The maximum amount of Head Parking Lot Attendant vacation that may be accrued is 312. Head Parking Lot Cashier Head Usher <#>Upon completion of fourteen years of continuous, full-time service, P/T Guest Services Specialist 11 such employees shall accrue paid Prr Lead Security Guard — Convention Center ONLY vacation at the rate of six (6) hours for P/T Telephone Operator/Receptionist-Convention Center ONLY each complete biweekly pay period 156 hours). The maximum amount of P/T Security Guard-Convention Center ONLY vacation that may be accrued is 364 Section I 6.Z �@id vacations shall continue to accrue in accordance with the above provisions during anyperiod of leave with th -- ----- <#>UpW complefion of twenty years Leave in accordance with Personnel Rule 18 INDUSTRIAL ACCIDENT LEAVE after exhausting State of continuous, full-time sarvirp r mandated 4850 benefits shall accumulate no vacation. All vacations shall be scheduled and taken in W�Ieted: E2 accordance with the best interests of the City of Anaheim and the department or division in which the Formetbed: Font: 10 pt employee is employed. The maximum amount of vacation that may be taken at any given time shall be Deleted: 3 Rule 16. Vacation Page 2 that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one -half (1/2) hour. Section 16.4 An employee shall be eligible to take any accrued vacation upon completion of six (6) months of service. Section 16.5 Each Non - exempt Confidential employee shall have one -half (112) hour deducted from his /her accrued vacation time for each one -half (112) hour of vacation taken. Non - exempt Confidential employees shall have the number of hours or his /her regular work day deducted from his accrued vacation time for each day of vacation taken. Section 16.6 Maximum vacation accumulations for Confidential, Miscellaneous Management and Police Safety Management employees with an average regular work week of forty (40) hours shall be as follows (except as provided for in Sections 16.1): 16.6.1 For employees accruing vacation at the rate of one hundred six (106) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred twelve (212) hours. 16.6.2 For employees accruing vacation at the rate of one hundred thirty (130) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred sixty (260) hours. 16.6.3 For employees accruing vacation at the rate of one hundred fifty -six (156) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred twelve (312) hours. 16.6.4 For employees accruing vacation at the rate of one hundred eighty-two (182) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred sixty-four (364) hours. 16.6.5 For employees accruing vacation at the rate of two hundred eight (208) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixteen (416) hours. 16.6.6 For employees accruing vacation at the rate of two hundred thirty-four (234) hours every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixty -eight (468) hours. Section 16.7 Upon termination, a confidential or management employee shall be compensated in cash at his current base rate of pay for any vacation accrued but not taken. Upon termination the employee shall be compensated for the full accrual for the final pay period. Section 16.8 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. Section 16.9 Any employee in a classification designated as Confidential shall be compensated for accrued vacation in either two separate increments of up to sixty (60) hours each or one increment of up to one hundred twenty (120) hours subject to the following provisions: 16.9.1 A minimum of forty (40) hours of vacation must have been used during the previous twelve months 16.9.2 The employee's request for the annual vacation payoff is subject to the approval of the employee's department head. Rule 16. Vacation Page 3 16.9.3 The employee's balance cannot drop below forty (40) hours as a result of the request. Section 16.10 Any employee in a classification designated as Miscellaneous Management ar,Safety netetxt: or Police Management shall have the ability to be compensated for accrued vacation hours at any time throughout ��, Font: to pt the year, subject to the following provisions: 16.10.1 The employee must have used eighty (80) hours of vacation during the previous twelve months. 16.10.2 The employee's balance cannot drop below eighty (80) hours as a result of the request. 16.10.3 The employee's Executive Manager must approve the employee's request for the vacation pay -off. Executive Managers must obtain approval from the City Manager or the City Manager's designee for his /her own request. 16.10.4 Management employees are not eligible for vacation payoff as defined in Section 16.9 of this Personnel Rule. Deleted: Section 16.11 Management employees in the V ----------------------------------------- --- ------ --- ---- ---- ----- ------ °- ----- -- ---------- ------------------ --- --- - - -- --- classifications of Fire Chief, Fire Section 16,1 J The_Human Resources Director may recommend, and the City_Manaoer may_approve, Division Chief, Fire Marshal, Fire a one -time crediting of the vacation time bank for new hires in Management level job Gasses upon Battalion Chief - 40 Hours and Deputy Fire Marshal may request to be completion of six (6) months in the position. compensated for up to sixty (60) ' vacation hours twice per calendar 16 1 For new hires assigned to_ Executive _or A-- mini str a ve_Mana�ement ley el_ --- - - ons, - the__ ; yearsubject following maximum number of hours which may be credited is 120. provisions: 16 m 2 For new hires assigned to Middle Manageent, Supervisory or Professional level position ,y used a minimum of forty (40) hours of m the aximum number of hours which may be credited is 80. 1 16.11.1 The employee must have I J : vacation during the preceding twelve {; i (12) months. Section 16 1 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to ,I'�' ¶6.11.2 The employee's vacation the provisions of this RULE. ;; ; balance cannot drop below eight (80) t 'i $ hours as a result of the request. Section 16 1.3 _This rule does not apply to management employees with an average work week of ;; 1f ----- --- ------- ' S 16.11.3 The Fire Chief or the Chiefs fifty - six (56) hours, with the adoption of Rule 32, Paid Leave Program. designee must approve the respective employee's request for t �; vacation pay-off. The Fire Chief must 0'1 obtain approval from the City •------ - ---- - -- ----------------------------------------------------------------------- --- ---- ------ --- - -- ---- Doc: Rulel6F /vkilmur /convert/personnel Revised 6/1995 Revised 1/2001 Revised 61 Revised 04/14 /1988 (Resolution No. 88R -166) Revised 6/1997 Revised 6/2002 Revised 6 ¶ 16.11.4 Employees covered under Revised 2/1992 Revised 611998 Revised 812002 Revised 712 0, this Section 16.11 shall not be eligible Revised 411994 Revised 6/2000 Revised 10/2003 Revised 1 2 /toO for provisions stated under Section Revised 0312006 Revised 5/2006 Deleted: 12 i S5 Formatted: Font: SO pt Deleted: 12 Formatted: Font: 10 pt ,1 Deleted: 12 j, Formatted: Font: 10 pt Deleted: 13 Formatted: Font: 10 pt Deleted: 14 Formatted: Font: 10 pt Formatted: Font: 30 pt M IM Section 16.1 Management employees in the classifications of Fire Chief, Fire Division Chief, Fire Marshal, Fire Battalion chief -40 Hours and Deputy Fire Marshal shall receive annual vacation pay in accordance with the following provisions: Employees hired on or after March 6, 2001, for the first four years of continuous, full -time service shall accrue paid vacation at the rate of three (3) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (80 hours per year). The maximum amount of vacation that may be accrued is 160 hours. Upon completion of four years of continuous, full -time service, such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours). The maximum amount of vacation that may be accrued is 260 hours. Upon completion of eight years of continuous, full -time service, such employees shall accrue paid vacation at.the rate of five (5) hours for each complete biweekly pay period 130 hours). The maximum amount of vacation that may be accrued is 312. Upon completion of fourteen years of continuous, full -time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period 156 hours). The maximum amount of vacation that may be accrued is 364 hours. Upon completion of twenty years of continuous, full -time service, such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period 182 hours). The maximum amount of hours that may be accrued is 416 hours. Upon completion of twenty -five years of continuous, full -time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period 208 hours). The maximum amount of vacation that may be accrued is 468 hours. RULE 32. PAID LEAVE PROGRAM Section 32.0 Effective June 27, 2007, Full -time management employees in the classified service with an average, regular work week of fifty -six (56) hours shall accrue paid leave time in accordance with the following conditions: 32.01 For the first four (4) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 10.75 hours for each complete_ biweekly pay period „ 079.5 hours : _... - -j pew; e, or 11.6458 shifts per year). Deleted; 217.1 hours or 9.0458 I 32.02 Upon completion of four (4) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 1` hours foreach_complete biweeklypay period ( 9, ; -- Deleted; 9.1 j hours or .1 4583 shifts per year)- - - - -- --- - -- - -- ------------------------------------------------------ Dekt:23ss 32.03 Upon completion of eight (8) years of continuous, full -time service, such employees shall i Deleted; 9.8883 accrue paid leave at the rate of 3 hours - r each complete_biweeky_payperiod 6338.0 __..._ Deleted: 10.6 hours or .14.0833 shifts. per yearl.____ ZD 2756 32.04 Upon completion of fourteen (14) years of continuous, full -time service, such employees 11.4833 shall accrue paid leave at the rate of 14.25 hours for each complete biweekly period _- -_____ ll.es 7L3 0.5U hours or 15.4375 shifts_ per_y_ear)_____________________ ao8.1 --------------- 32.05 Upon completion of nineteen (19) years of continuous, full -time service, such employees WOW: 12.8375 shall accrue paid leave at the rate of 15.75 hours for each complete biweekly_payperiod _._..__- ;Deleted; 1335 40L 9.50 hours or 17.0625 shifts_per_year)_ 1 p e w ; 347.1 Deleted: 14.4825 Section 32.1 An employee requesting paid leave time for an absence from work as a result of any injury or illness which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. Section 32.2 Paid leave time shall continue to accrue in accordance with the above provisions during any period of leave with pay except that employees who remain on Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no paid leave time. Section 32.3 Paid leave time in excess of three (3) consecutive work stints shall require the prior authorization of the Fire Chief or a certification from a licensed medical practitioner that the employee is disabled and unable to work. Paid leave time for reasons other than illness or injury shall be scheduled and taken in the best interests of the City and the Fire Department. Failure on the part of the employee to comply with these requirements may be considered for disciplinary action. Section 32.4 An employee shall have one (1) hour deducted from his accrued paid leave time for each hour of paid leave time taken. Section 32.5 The minimum amount of paid leave time that may be taken at any time is one (1) hour. Section 32.6 The maximum amount of paid leave time that may be taken at any time shall be that amount that has accrued to the employee. Rule 32. Paid Leave Program Page 2 Section 32.7 An employee who utilizes paid leave time under the provisions of this Rule shall inform his/her immediate supervisor of the fact and the reason as soon as possible and shall ensure that his /her position is manned in accordance with Fire Department operating policies. Section 32.8 In the event that an employee leaves work during working hours and is placed on paid leave time prior to the close of the work day, such paid leave time shall be calculated to the nearest hour. Section 32.9 Paid leave time which is accrued but not taken shall be paid under the following conditions: 32.9.1 Upon termination, the employee shall be paid for all hours accrued but not used in excess of two hundred forty five (245). In the event the employee retires from City service, all hours accrued but not used up to a maximum of the two hundred forty .five (245) shall be reported as unused sick leave for additional service credit in accordance with the contract between the City and the Public Employees Retirement System. 32.9.2 An employee shall be paid at his regular hourly rate of pay for all paid leave time hours Fonmateea: Bullets and Numbering fifty (350) hours. (or at the employee's option in excess of seven hundred fifty (750) hours) in each calendar accrued but not used in excess of three hundred year. Payment shall be made in January of each year, 32.9.3 An employee may be paid at his regular hourly rate of pay for all or a portion of paid leave - - - - -- � -ftd. Bullets and Numbering time hours accrued but not used in excess of two hundred forty five (245) hours upon submission of a written and signed request to the Finance Department, Payroll Office. Requests submitted during any biweekly pay period shall be paid on the payday for that pay period. A maximum of two such payments shall be allowed each calendar year. When requested, such payments may be diverted to the employee's Deferred Compensation account, within limits established by law. Section 32.10 In the event an employee's work schedule changes from a forty (40) hour assignment to a fifty -six (56) hour assignment, the paid leave account shall be established as follows: 32.10 1 Sick leave and vacation hours accumulated shall be added together, multiplied by the ratio of 56140 (14), and rounded to the next highest whole hour. 32.10.2 The employee's paid leave account shall be credited with the hours resulting form this calculation and shall be immediately available for use. Section 32.11 In the event an employee's work schedule changes from a fifty -six (56) hour assignment to a forty (40) hour assignment, paid leave time accrued but not taken shall be converted as follows: 32.11.1 Hours in the employee's paid leave time account shall be reduced by multiplying the balance by the ratio of 40/56 (.7143) rounded to the next highest whole hour. 32.11.2 The employee's account balance for sick leave with pay shall be credited with all hours to a maximum of one hundred seventy five (175) and shall be available for immediate use. 32.11.3 The employee's account balance for vacation with pay shall be credited with any hours remaining and shall be immediately available for use. Section 32.12 Paid leave time shall be used under the provisions of this Rule for absences as the result of a non - occupational illness or injury for up to ten (10) regularly scheduled work shifts per occurrence. In the event such an absence exceeds ten (10) regularly scheduled work shifts, an employee may, at his option, use accrued paid leave time in lieu of the disability benefit described in Section 32.13. When Rule 32. Paid Leave Program Page 3 exercising such an option, the employee shall exhaust all accrued paid leave time prior to receiving any disability benefit for the remainder of the STD benefit period. Section 32.13 An employee who is continuously and totally disabled for more than ten (10) regularly scheduled work shifts shall be eligible to receive a disability benefit of net sixty percent (60 %) of his base rate of pay, after withholding taxes and less deductible benefits. Such disability benefit shall continue during total disability up to . a maximum of six (6) months from date of disability. 32.13,1 Deductible benefits include salary or other compensation paid by any employer, Worker's Compensation Act, or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which the City contributed, 32.13 .2 Total disability means an employee's complete inability to engage in his regular occupation. 32.13.3 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. Section 32.14 If two or more periods of total disability occur during a specific six month elimination period for insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 32.14.1 All periods of total disability must be due to the same cause or causes; and 32.14.2 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the City Disability Plan and shall not require a new one month waiting period before the City Disability Benefits will be paid;. and 32.14.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the City Disability Plan. Section 32.15 An employee who is continuously and totally disabled for more than six (6) months shall receive long term disability benefits in accordance with the provisions of Rule 23. Doc: Rule /vkiimur /convert/personnel Created 1/90 (Resolution No. 90R -51) Reviewed 2192 - No Change Revised 7/02 Revised 6/18/2004 Revised 05/2006 RULE 33. POST RETIREMENT MEDICAL BENEFITS Section 33.0 Retired employees (Miscellaneous and Safety) who are receiving a post - retirement medical benefit from ANAHEIM on the date the City Council approves this RULE revision, shall continue to receive such benefits in accordance with the provisions of Personnel Rule 33 that was in effect at the time of their retirement. 33_1 Regular, full -time employees (Miscellaneous and Safety) covered by this RULE who are enrolled as a «: Formatted: Tabs: 0.31 ", Left subscriber in a City - sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any ANAHEIM sponsored health plan (medical and dental) as a retiree subject to the following terms and Numbering and conditions: 33.1.1 The employee must be credited with at least ten (10) years of continuous, full -time ANAHEIM service on the date of retirement, and 33.2 33.2.1 For Service Retirements, the contributions shall be a percentage of the annual contributions made by ANAHEIM on behalf of active employees, the percentage equal to one and one -half (1.5) times the miscellaneous 2% Q 60 PERS retirement schedule to a maximum contribution of 95% based on the employee's age and consecutive years of City service at the time of retirement. ANAHEIM service and the retiree's age shall be calculated to the nearest complete one - quarter (1/4) year. 33.1.2 The employee must have been awarded a retirement from the Public Employees' Retirement System ( "PERS ") as the reason for separation from ANAHEIM service, and 33.1.3 PERS refirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service, OR 33.1.4 The employee must have been awarded a disability retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. - - -- - -- Formatted: Indent: Left: 0.31" Formatted: Indent: Left: 0.31 ", Outline numbered + Level: 3 + Numbering Style:1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: . 0" + Tab after: 0.5" + Indent at: 0.5", Tabs: 0.81 ", List tab + Not at 0.5" 33.2.2 The percentage shall be one and two- tenths (1.2) times the 2% @ 50 Local Public Agency Safety — ------ Formatted: Indent: Left: 0.31 ", PERS retirement schedule for employees in classifications assigned to the Safety retirement group. Hanging: 0.5" Such percentage shall not exceed ninety -five percent (95 %) and shall be based on the employee's age and consecutive years of Anaheim service at the time of retirement. Anaheim service and the retiree's age shall be calculated to the nearest complete one quarter (1/4) year. 33.2.2 Police and Fire Safety retirees shall be required to enroll in MedlCare Parts A and B for those who retire on or after March 13, 2006. 33 2.3 F or ©isabilit Retirements, the contribution_ shall be a_percentaQe of the annual contributions made by _. ANAHEIM on behalf of- active employees, the percentage equal to 2% for each year of service to a maximum contribution of 95% based on the employee's consecutive years of City service shall be calculated to the nearest complete one quarter (114) year. 33.2.4 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this RULE, the employee shall receive the Service Retirement benefit. 33.2.5 The ANAHEIM contribution shall be based on the Two Party or Family rate only for those employees who properly enroll a dependent spouse or registered domestic partner and /or other family members prior to retirement, and shall continue only as long as the retiree maintains coverage for such dependents in City sponsored health plans. Nothing in this RULE shall prevent a retiree from properly enrolling new dependents at the retiree's cost. Formatted: Indent: Hanging: 0:19", Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: I + Alignment: Left + Aligned at: 0" + Tab after: 0.5" + Indent at: 0.5 ", Tabs: 0.81 ", List tab + Not at Deleted: 0>1 332.6 The full value of any Medicare credits provided to ANAHEIM or Medicare surcharges imposed on ANAHEIM by virtue of a. retiree's participation or non - participation in Medicare shall be passed on to The City shall provide separate contributions towards the premium costs of the ANAHEIM sponsored medical and/or dental plans elected by the employee according to the following schedule: Personnel Rule 33. Post Retirement Medical Benefits Page 2 the retiree in the form of reduced or increased premium costs. 33.2.7 The surviving spouse or registered domestic partner of the retiree may continue coverage under the t- - - - - -- F Indent: Left: 0.31 ", same terms and conditions provided that the surviving spouse or registered domestic partner was Outline numbered + Level: 3 + properly enrolled at the time of the employee's retirement and that dependent coverage was Numbering Style: 1, 2, 3, ... + Start continuously maintained during the employee's retirement,_ at: i +Alignment: Left + Aligned at: `-- ---- ---- - -- -------------------------------------------------------------------- 33.3 The following provisions shall apply to employees covered under this RULE who are in the PERS 0" +Tab after: 0.5" +Indent at; 0.5" Miscellaneous Group and retire on or after January 1, 2006, and who are receiving post - retirement medical benefits under the provisions of Sections 33.1 and 33.2. ¶ 33.3.1 Only ANAHEIM service accrued through December 31, 2005, shall be credited to the employee in ., '', Delisted: Employees covered under determining the City's percentage contribution towards the premium costs of the plan(s) elected by this RULE who are In the PERS the retiree. Miscellaneous Group and retire on or —�� Retirees shall be required to enroll in MediCare Parts A and B upon establishing ei' ibrlr Failure to q P 9 ltd..__ ..ty..c.........i..... -- _......_ t, after January 1, 2006, shall be enroll when eligible will result in cancellation of coverage. credttedwlthCkyaervlceaccrued through December 31, 2005, for the 33:4 The followin condrtions shall a _ to all retirees MmsCellaneous and Safe who have ost retirement g - - ply - -- �- - - --- -- ------------------ - - - -- PurPOs e of determining eligibility and ' , benefit levels under the provisions of medical benefit coverage under this RULE: Sections 33.1 and 33.2 above. 33.4.1 Once cancelled for any reason, coverage shall not be reinstated. Formatted: Bullets and Numbering Formatted: Indent: Left: 0.31 ", 33.4.2 Coverage shall be cancelled for non - payment of fees after three months in arrears. Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start 33.4.3 There shall be Coordination of Benefits where other insurance exists. at:1 + Alignment: Left + Aligned at: 0" + Tab after: 0.5" + Indent at: 33.4.4 Retirees may change plans and add dependents only during the annual open enrollment period, 0.5" except that the surviving spouse or registered domestic partner of a retiree may not enroll a new Formatbed: Bullets and Numbering spouse or registered domestic partner. Deleted: b 33.5 Regular, full -time employees in the PERS Miscellaneous Group who are covered by this RULE and were hired _ Dekftd: 4>Under no on or after January 1, 1996 and before January 1, 2002, are not. covered under the provisions of Sections 33.0, circumstances shall the City 33.1, 33.2, 33.3, 33.4 and 33.5 of this RULE. Such employees shall participate in an Integral Part Trust ("RHS contribute towards the costs of any plan ") designed to provide reimbursement of qualified medical expenses upon retirement or separation from dependents, except a spouse, City service. "Qualified medical expenses" are those expenses authorized under the provisions of internal registered domestic partner or Totally Revenue Code Section 213, Disabled Child (as described in the medical provider contract) who was 33.5.1 The City shalt make a one -time employer contribution to the RHS Account of each full -time PERS property enrolled at the time of the Miscellaneous employee covered under this RULE who was hired on or after January 1, 1996 and employee's retirement. ¶ prior to January 1, 2002 and who is an active employee on January 13, 2006. The contribution shall be deposited to each eligible employee's RHS account no later than January 20, 2006. The contribution shall be seventy dollars ($70.00) for each complete month of full-time service calculated from the employee's date of hire to December 31, 2005; except that under no circumstances shall the contribution be less than three thousand dollars ($3,000.00). 33.5.2 Employees shall be fully vested in all ANAHEIM contributions made on their behalf after five (5) years of continuous ANAHEIM service. 33.5.3 PERS Miscellaneous employees covered by this RULE who were hired on or after January 1, 1996 and before January 1, 2002, shall make an employee contribution to their individual RHS Account according to the following schedule: 33.5.3.1 Effective January 13, 2006, such employees shall contribute one percent (1.0 %) of their gross biweekly pay to their individual RHS Account. 33.5.3.2 Effective January 12, 2007, such employees shall contribute two percent (2.0 %) of their biweekly pay to their individual RHS Account. 33.5.3.3 Effective February 8, 2008, such employees shall contribute three percent (3.0 %) of their gross biweekly pay to their individual RHS Account. 33.5.4 Employees required to participate in the RHS Plan as defined in Section 33.6 of this RULE shall be given an opportunity each year to elect (during the November open - enrollment process) to contribute Personnel Rule 33. Post Retirement Medical Benefits Page 3 (in increments of /. hour) sick leave hours to be earned prospectively in the upcoming calendar year. Employees shall be required to accrue a minimum of one (1) hour of earned Sick Leave time per pay period. The remaining balance earned per pay period shall be available for deferral to the individual employee's RHS, Account as designed by the employee. Such deferrals shall be converted to cash at the employee's regular hourly rate of pay, and deposited to the employee's individual RHS Account as they are earned. Contributions under the provisions of this Section shall be designated as pre-tax contributions. 33.5.5 Employees required to participate in the RHS Plan as defined in Section 33.6 of this RULE shall be given an opportunity each year to elect (during the November open - enrollment process) to contribute (in increments of Y. hour) vacation leave hours to be earned prospectively in the upcoming calendar year. Employees shall be required to accrue a minimum of three (3) hours of earned Vacation Leave time per pay period. The remaining balance earned per pay period shall be available for deferral to the individual employee's RHS Account as designed by the employee. Such deferrals shall.be converted to cash at the employee's regular hourly rate of pay, and deposited to the employee's individual RHS Account as they are earned. Contributions under the provisions of this Section shall be designated as pre -tax contributions. 33.5.6 Any employee who separates City service for any reason will be eligible to withdraw vested funds for reimbursement of eligible medical expenses without regard to the employee's age or years of service. Employee premium contributions for employer - provided group health insurance provided by other employers are not an eligible medical expense. 33 5.7 Employees hired on or after January 1, 1996 who have completed ten (10) years of consecutive ANAHEIM service, and who are awarded a retirement from PERS as the reason for separation from ANAHEIM service shall be allowed access to ANAHEIM sponsored group health plans as a retiree. 33_6 On December 26, 2008, and annually thereafter, the City shall make a contribution to the individual account of each employee in full -time classifications covered by this RULE who are in the PERS Miscellaneous Group and have an established RHS account (Mandatory or Voluntary Plans, regardless of hire date). The contribution shall be equal to one percent (1 %) of the average annual base compensation of all full-time employees in the miscellaneous service, excepting employees in classifications represented by the IBEW. The average annual base compensation shall be calculated by annualizing the includable biweekly payroll for the pay period that includes the first of December each year, and dividing by the number of includable employees. 3:7 Employees hired prior to January 1, 1996, may elect to participate in a voluntary Retirement Health Savings Plan as defined under Section 23.8 of Personnel Rule 23 (Insurance, Pensions and Perquisites). 33_8 The City Manager, City Attorney, City Treasurer and City Clerk hired prior to Januanv 1. 2002 who are - - - -- F; gullets and Numbering otherwise eligible under the provisions of this RULE shall receive a minimum benefit of seventy -five percent (75%): Any Employee (as defined in this RULE) who serves in one or more additional positions also eligible for benefits under this RULE, shall be entitled to a single benefit hereunder. 33_9 Employees or city Council and Redvelopment Agency Members hiredtappointedtelected on or after January 1, 2002, shall not be eligible for any post - retirement medical benefit under this Personnel Rule 33. Doc: I:\ HRDshared\ vkilmurlpersonnelrules \Rule33Frevised Created 5/1990 (Resolution No. 90R -153) Reviewed 112992 — No Change Revised 811994 Revised 612000 Revised 2/2001 Revised 612001 Revised 10/2001 Revised 7/2002 Revised 12/2004 Revised 1/2005 Revised 612005 Revised 8/2005