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2001-056RESOLUTION NO. 2001R- 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-17 ADOPTING PERSONNEL RULES APPLICABLE TO EMPLOYEES IN MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED PART-TIME CLASSIFICATIONS WHEREAS, the Human Resources Director has recommended in a staff report dated March 6, 2001, that Resolution No. 92R-17 be amended in the manner hereinafter set forth, effective the beginning of the pay period following adoption by City Council; 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 adopted Personnel Rules for Management, Confidential and Part-Time Non-Represented classifications. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That, Sections 10.0, 10.02 of Personnel Rule 10, Salary Reduction, Suspension, Demotion and Dismissal, be amended to read as follows: "Rule 10. Salary Reduction, Suspension, Demotion and Dismissal Section 10.0 The tenure of every full-time confidential, management and non- represented part-time employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, reduced in salary, demoted or dismissed for good and sufficient cause. 10.02 When, in the judgment of the appropriate Executive Manager an employee in a confidential or management classification designated as "Exempt", whose work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be suspended without pay or reduced in salary for a full work period or more (in full work period increments). In cases of violation of safety rules of major significance, and "Exempt" employee may be suspended without pay or reduced in salary as determined appropriate by the Executive Manager. Upon taking such action, the Executive Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action." 2. That, Section 11.014 of Personnel Rule 11, Layoff and Re-Employment, be amended to read as follows: "11.014 Employees in bargaining unit or confidential job classifications who are reassigned to a management job classification where the salary range market point is equal to or less than the "E" step of the bargaining unit or \\coafsl\vol 1\home\vkilmur~OT2496vk confidential job classification shall retain their current rate of pay provided it falls between the salary range minimum and market points of the management classification. Otherwise, the rate of pay will be adjusted to the market point of the salary range. The base hourly rate will be used in calculating the appropriate rate of pay." 3. That, Section 16.01 be amended and Sections 16.01.01, 16.06 16.51.01 and 16.56 be added to Personnel Rule 16 -Vacation, to read as follows: "16.01 Employees hired prior to adoption of this Rule change, for the first four years of continuous, full-time service 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 per year). 16.01.01 Employees hired on or after adoption of this rule change, 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). 16.06 Upon completion of twenty-four (24) years of continuous, full-time service, employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period (234 hours per year). 16.51.01 For employees accruing vacation at the rate of eighty (80) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be one hundred and sixty (160) hours. 16.56 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 16.8 Any employee in a classification designated as Confidential shall be compensated for accrued vacation in either two separate increments of up to forty (40) hours each or one increment of up to eighty (80) hours subject to the following provisions: 16.81 A minimum of forty (40) hours of vacation must have been used during the previous twelve months. 16.82 The employee's request for the annual vacation payoff is subject to the approval of the employee's department head. 16.83 The employee's balance cannot drop below forty (40) hours as a result of the request. \\coafs 1\vol 1\home\vkilmur~OT2496vk 4. That, Sections 19.0 and 19.01 of Personnel Rule 19 - Bereavement Leave, be amended to read as follows: "19.0 In the event a death occurs in the immediate family of a full-time confidential or management employee in the classified service, the employee shall be granted bereavement leave with pay for up to a maximum of three (3) consecutive work days. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step-parent, spouse, child, grandchild, brother, or sister of the employee, or any parent, foster parent, or step-parent of the employee's spouse, regardless of residence. 19.01 In the event a death occurs among other family members of a full- time confidential or management employee in the classified service, the employee shall be granted bereavement leave with pay for up to a maximum of one (1) work day. Other family members shall be defined as grandparent, daughter-in-law, son- in-law, not under the same roof of the employee, and any grandparent, child, grandchild, brother, or sister of the employee's spouse, regardless of residence." 5. That, Section 23.1 (Health Insurance), 23.4 (Dental Plans) and 23.6 (Pensions) of Personnel Rule 23 - Insurance, Pensions, and Perquisites be amended as follows: "23.1 Health Insurance 23.11 The City shall offer the Kaiser Foundation Health Plan, and other prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and approved by the City Council. Health Maintenance Organization (HMO) benefit schedules shall require a $10 co-payment for outpatient and physician services. 23.12 City and Employee Contributions 23.12.1 The City shall contribute towards the monthly cost of health coverage to the various medical plans through 2002 as follows: , Approved HMO Plans · All Other Health Plans 100% of the monthly rate 130% of the Kaiser monthly rate 23.12.10 Effective 2003, the City shall increase its contribution to the premiums for the various health plans each January. This contribution shall be based on the Consumer Price Index, All Items Index- Urban Wage Earners and Clerical Employees (CPI-W), for the area identified as Los Angeles - Riverside - Orange County. The increase in the City's contribution shall be equal to the percent change for \\coafs1\vo11\home\vkilmur\OT2496vk 23.12.3 23.12.4 23.12.5 23.12.2 the year ending July of the prior calendar year plus seventy-five percent (75%) of any amount above the CPI-W. (For example, the City's increase in contribution for calendar year 2003 shall equal the percent change in the CPI-W for the year ending July 2002, plus 75% of the amount of the health premium increase that exceeds the percent change in the CPI- W for the year ending July 2002). Employee Contributions 23.12.21 Employees shall be required to contribute an amount equal to 100% of the excess amount over what is allowed under Section 23.12.1 of this RULE. 23.12.22 Employees who are covered by another health plan, including the dependent spouse of married City employee couples, may present proof of such coverage in order to receive $100 per month in lieu of City provided health benefits. In the event an employee who has elected this option loses health coverage for any reason, and notifies the City of such loss within five (5) working days, he/she may enroll immediately in any City plan. Employees may re-elect this option annually during open enrollment, or may enroll in a City plan. Effective January 1, 2003, the payment shall be increased to $125 per month. For all medical plans, married City employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married City employee couples covered by a single enrollment shall pay no health insurance premium while both spouses are employed by the City. Or, may alternatively elect the "opt-out" payment provided in Section 23.12.22. Proof of marriage will be required of all employees enrolled in any City medical plan to enroll a dependent spouse. The Master contract between the City and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. \\coafs 1\vo11\home\vkilmur\OT2496vk 23.4 Dental 23.41 23.42 Plans The City shall sponsor the Delta Dental Plan, the Safeguard Dental Plan, and other prepaid and/or insured dental plans recommended by the Joint Committee on Medical Programs and approved by the City Council. Employees who select a dental plan other than Safeguard will be required to contribute an amount equal to 100% of the excess amount over the Safeguard monthly rate. 23.61 23.62 23.63 \\coafsl\vol 1\home\vkilmur~OT2496vk For Miscellaneous Plan Employees in the Public Employees Retirement System assigned to the Confidential or Non - Represented Part-Time Units, the City shall contribute 7% (seven percent) of the employee contribution for retirement benefits in accordance with the provisions of the contract between the City of Anaheim and the Public Employees' Retirement System. For Miscellaneous Plan Employees in the Public Employees Retirement System assigned to Management job classifications, the following shall apply: · Effective June 23, 2000, 3.5% of the statutorily required employee Public Employees Retirement System "PERS" pension contributions shall be paid by the City of Anaheim as employer paid member contributions in accordance with Government Code Section 20691. The remaining percent of the statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employee paid member contributions. For the purpose of Internal Revenue Code Section 414(h)(2), these contributions shall be considered a reduction in salary and shall be included in an employee's wages for the purpose of PERS reportable compensation, overtime calculations, and al other purposes with the exception of state and federal income tax withholding. · Effective June 22, 2001, the entire statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employer paid member contributions in accordance with Government Code Section 20691. For Safety Plan Employees in the Public Employees Retirement System assigned to the Fire Safety Management Unit, the statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employee paid member contributions. For the purpose of Internal Revenue Code Section 414(h)(2), these contributions shall be considered a reduction in salary and shall be included in an employee's wages for the purpose of PERS reportable compensation, overtime calculations, and all other purposes with the exception of state and federal income tax withholding and reporting, and the cash out of accumulated leave balances. 23.64 For Safety Plan Employees in the Public Employees Retirement System assigned to the Police Safety Management Unit, the statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employee paid member contributions. For the purpose of Internal Revenue Code Section 414(h)(2), these contributions shall be considered a reduction in salary and shall be included in an employee's wages for the purpose of PERS reportable compensation, overtime calculations, and all other purposes with the exception of state and federal income tax withholding and reporting, and the cash out of accumulated leave balances. 23.64.1 Effective July 6, 2001, the City's contract with the Public Employees Retirement System, Police Safety Plan, shall be amended to provide Government Code §21362.2 benefits ("3% @ 50"). 23.64.2 The employee shall pay all employer PERS costs in excess of nine percent (9%). 23.64.3 Any costs in excess of the Normal Cost of the PERS benefit provided during fiscal year 2000/2001 (13.369%) shall be shared equally between the City and the employee. 23.65 Upon amendment of the City's contract with the Public Employees Retirement Systems, Miscellaneous Plan employees shall be eligible for 1) A Pre-Retirement Optional Settlement 2 Death Benefit and 2) The current $500 Retiree Death Benefit will be replaced with a $5,000 Retiree Death Benefit. 23.65.1 Effective July 4, 2003, the City's contract with the Public Employees Retirement System Police Safety Plan shall be amended to provide the Pre-Retirement Optional Settlement 2 Death Benefit (Government Code §21548), and replace the current five hundred dollar ($500) Retiree Death Benefit with a five thousand dollar ($5,000) Retiree Death Benefit (Government Code §21623.5). 6. That, Section 33.07 be added to Personnel Rule 33 - Post Retirement Medical Benefits, to read as follows: "33.07 Employees or City Council and Redevelopment Agency Members hired/appointed on or after January 1, 2002, shall not be eligible for any post- retirement medical benefits under this Personnel Rule 33." \\coafsl\vo11\homeWkilmur\OT2496vk BE IT FURTHER RESOLVED that the effective date of this Resolution shall be the pay period following adoption by City Council. AND, BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 92R-17 shall remain in full force and effect. 6th THE FOREGOING RESOLUTION is approved and adopted by the City Council this __ day of March , 2001. MAIC~Or~~O F~ M ATTEST: /~CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY / \\coals1 \vol 1 \home\vkilm u r~OT2496vk RULE 10. SA/JURY REDUCTION,SUSPENSION, DEMOTION AND DISMISSAL Section 10.0 The tenure of every full-time confidential, management and non-represented part-time employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, reduced in salary, demoted or dismissed for good and sufficient cause. 10.01 When, in the judgment of the appropriate Executive Manager, a non-exempt Confidential or non-represented part-time employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be suspended without pay or reduced in salary. Upon taking such action, the Executive Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended for more than thirty (30) calendar days at any one time. 10.02 When, in the judgment of the appropriate Executive Manager an employee in a confidential or management classification designated as "Exempt" whose work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be suspended without pay or reduced in salary for a full work '~:cck period or more (in full work --~cck period increments). In cases of violation of safety rules of major significance, an Exempt employee may be suspended without pay or reduced in salary as determined appropriate by the Executive Manager. Upon taking such action, the Executive Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. ~c cmployee ..... ~ ......... mcrc (~) ........ ~ ........ ' ...... ~-~ ~ any onu 10.03 A confidential, management or non-represented part-time employee may be demoted or dismissed upon recommendation of an Administrative Manager or other appropriate supervisor whenever, in the judgment of the appropriate Executive Manager, the employee's work or misconduct so warrants. Upon taking such action, the Executive Manager shall file with the employee and the Human Resources Director, a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 10.04 The demotion or dismissal of any Executive Manager shall require the approval of the City Council before such action is taken by the City Manager. Doc: Rulel0F/vkilmur/Convert/Personnel Revised 04/14/88 (Resolution 88R-166) Revised 2/92 Revised 6/98 Revised 2/01 RULE 11. LAYOFF AND RE-EMPLOYMENT Section 11.0 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of qualifications and seniority within the affected job class. 11.01 An employee whose position has been abolished due to lack of work or lack of funds shall be reassigned by his department head to any position within his division or department in an equivalent or lower job class for which he meets the minimum requirements and has City seniority over other employees in the job class. If the employee whose position has been abolished does not have City seniority over other employees in equivalent or lower classes, he may be reassigned by his department head to any vacant position within the department in an equivalent or lower job class, for which he meets the minimum requirements. 11.011 Employees in confidential job classes so reassigned shall be placed in the salary step of the appropriate salary schedule closest to their rate of pay. Employees so reassigned shall be reinstated to their former job class and salary step status when positions in their former job class (within their division or department) become vacant. Such reinstatement shall be on the basis of City seniority. 11.012 Employees in management job classes reassigned to another management job class shall retain their current rate of pay if it falls within the salary range of the classification reassigned to. Otherwise, their rate of pay will be adjusted to the control point of the salary range for the new classification. 11.013 Employees in management job classes reassigned to a bargaining unit classification will be placed in the closest salary step of the new job class which does not provide an increase. The base hourly rate will be used in calculating the appropriate rate of pay. 11.014 Employees in bargaining unit or confidential job classifications who are reassigned to a management job classification where the salary range market point is equal to or less than the "E" step of the bargaining unit or confidential job classification shall retain their current rate of pay provided it falls -~:itkin between the salary range minimum and market points of the management classification. Otherwise, the rate of pay will be adjusted to the ccntrc! market point of the salary range. The base hourly rate will be used in calculating the appropriate rate of pay. 11.02 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within his division or department, he may be reassigned by the City Manager to any vacant position in any other division or department in his job class or in an equivalent or lower job class for which he meets the minimum qualifications for employment. The appropriate rate of pay will be the same as outlined in Sections 11.011, 11.012, 11.013 and 11.014. Employees reassigned to vacant positions in an equivalent or lower job class in any other division or department shall be reinstated to their former job class and salary step status when positions in their former job class (within their former division or department) become vacant. Such reinstatement shall be on the basis of City seniority. Section 11.1 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the re-employment list for his job class. Persons on the re-employment list shall be re-employed with their former salary step status when positions in their job class (within the division or department from which they were laid off) become vacant. Re-employment shall be on the basis of City seniority. Rule 11 - Layoff and Re-Employment Page 2 Section 11.2 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class as herein provided, he shall retain the same anniversary date for purposes of merit pay increases. Section 11.3 Whenever an employee is reinstated to a vacant position in his former job class, or re-employed as herein provided, he shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of RULE 4. 11.31 An employee reinstated from the re-employment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he has accrued at the time of layoff if he elects to remit to the City any payment received under the provisions of RULE 17, SICK LEAVE. Section 11.4 The provisions of this RULE shall apply only to regular, full-time confidential and management employees in the classified service. Employees appointed to certain grant funded positions as designated by the City Manager under Section 7.7 shall be excluded from the provisions of this RULE. Doc: RulellF/vkilmur/convert/personnel Revised 04/14/88 (Resolution No. 88R-166) Revised 2/92 Revised 6/95 ?? RULE 16. VACATION Section 16.0 Full-time confidential and management 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: 16.01 Employees hired prior to adoption of this Rule chanqe, for the first four years of continuous, full-time service suck cmplcycc~ shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours for paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours or 13.25 working days per year). 16.01.01 Employees hired on or after adoption of this rule change, 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). 16.02 Upon completion of four 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 per year). 16.03 Upon completion of eight 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 per year). 16~04 Upon completion of fourteen 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 per year). 16.05 Upon completion of nineteen 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 per year). 16.06 Upon completion of twenty-four (24) years of continuous, full-time service, employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period (234 hours per year). Section 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. Alteration Worker Assistant Box Office Treasurer Box Office Treasurer Convention Center Concessionaire Convention Center Relief Events Supervisor Crowd Control Supervisor Head Parking Lot Attendant Head Parking Lot Cashier Head Usher p/T Guest Services Specialist II P/T Telephone Operator/Receptionist-Convention Center ONLY P/T Security Guard-Convention Center ONLY Section 16.2 Paid vacations shall continue to accrue in accordance with the above provisions during any period of leave with pay, except that Public Safety employees who remain on Industrial Accident Leave in accordance with Personnel Rule 18 INDUSTRI~%L ACCIDENT LEAVE after exhausting State mandated 4850 benefits shall accumulate no vacation. All vacations shall be scheduled and taken in accordance with the best interests of the City of Anaheim and the department or division in which the employee is employed. The maximum amount of vacation that may be taken at any given time shall be 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. Rule 16. Vacation Page 2 Section 16.3 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) complete biweekly pay periods of service. Section 16.4 Each employee shall have one-half (1/2) hour deducted from his accrued vacation time for each one-half (1/2) hour of vacation taken. An employee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his accrued vacation time for each day of vacation taken. Section 16.5 Maximum vacation accumulations for confidential and management employees with an average regular work week of forty (40) hours shall be as follows: 16.51 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. 16.51.01 For employees accruing vacation at the rate of eiqhty (80) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be one hundred and sixty (160) hours. 16.52 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. 16.53 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. 16.54 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. 16.55 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. 16.56 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 16.6 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 16.7 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 16.8 Any employee in a classification designated as Confidential shall be ~ ............ ~ ........................~ being compensated ~ hi~ cr rcgular ~ ..... v~ vacation in eithre two separate increments of up to forty (40) hours each or one increment of up to eighty (80) hours subject to the following provisions: 16 81 ~ ..... " ......... ;~ ~ ~ ~^~" ~n~ hourc, ........ ~ ........... avcragc '~:crk %.:cck ...... ~ ,~, Ae minimum of cigkty (80) forty (40) hours of vacation must have been u~ed during the previous payroll ycar twelve months. ~ .... ; ..... ~ ~;~-- (80) ~ ..... .... ~^ paid in cash Rule 16. Vacation Page 3 16.82 The employee's Exccutivc Manager must apprcvc thc cmplcycc'g request for the annual vacation payoff is subject to the approval of the employee's department head. 16.83 ~ ..... ~ -~ ~^ ~ in ~ ......... ~ ~ The employee's balance cannot drop below forty (40) hours as a result of the request. 16.9 Any employee in a classification designated as Management shall have the ability to be compensated for accrued vacation hours at any time throughout the year, subject to the following provisions: 16.91 The employee must have used forty (40) hours of vacation during the previous twelve months. 16.92 The employee's balance cannot drop below eighty (80) hours as a result of the request. 16.93 The employee's Executive Manager must approve the employee's request for the vacation pay-off. 16.94 Management employees are not eligible for vacation payoff as defined in Section 16.8 of this Personnel Rule. Section 16.10 The Human Resources Director may recommend, and the City Manager may approve, a one-time crediting of the vacation time bank for new hires in Management level job classes upon completion of six (6) months in the position. 16.10.01 For new hires assigned to Executive or Administrative Management level positions, the maximum number of hours which may be credited is 120. 16.10.02 For new hires assigned to Middle Management, Supervisory or Professional level positions, the maximum number of hours which may be credited is 80. Section 16.11 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE. Section 16.12 This rule does not apply to management employees with an average work week of fifty-six (56) hours, with the adoption of Rule 32, Paid Leave Program. Doc: Rulel6F/vkilmur/convert/personnel Revised 04/14/88 (Resolution No. 88R-166) Revised 2/92 Revised 4/94 Revised 6/95 Revised 6/97 Revised 6/98 Revised 6/00 (Resolution No. 2000R-127) Revised 2/01 RULE 19. BEREAVEMENT LEAVE Section 19.0 In the event a death occurs in the immediate family of a full-time confidential or management employee in the classified service, the employee shall be granted bereavement leave with pay for up to a maximum of twcnty fcur ,~A~ ........ ~ .%curs three (3) consecutive work days. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step-parent, spouse, child, grandchild brother, or sister of the employee, or any parent, foster parent, o__r step-parent e~ gran~ckil~ of the employee's spouse, regardless of residence. 19.01 In the event a death occurs among other family members of a full-time confidential or management employee in the classified service, the employee shall be granted bereavement leave with pay for up to a maximum of ci~kt,~,'°~ ..... ,.v~=~-~ ~v~ ~ ..... one (1) work day. Other family members shall be defined as grandparent, daughter-in-law, son-in-law, not under the same roof of the employee, and any grandparent, child, grandchild, brother, or sister of the employee's spouse, regardless of residence. 19.02 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and/or attend funeral or memorial services. 19.03 The City will guarantee, that in addition to the above, employees may use all available vacation on the books up to forty (40) hours. If no vacation is on the books, the City guarantees the employee the ability to use leave without pay up to forty (40) hours. Section 19.1 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE. Doc: rulel9F/vkilmur/convert/personnel Revised 04/14/88 (Resolution No. 88R-166) Revised 2/92 Revised 4/94 Revised 2/2001 RULE 23. INSUR3~NCE, PENSIONS AND PERQUISITES Section 23.0 The following shall be provided for all active full-time confidential and management employees: 23.1 Health Insurance 23.11 The City shall offer the Kaiser Foundation Health Plan, and other prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and approved by the City Council. Health Maintenance Organization (HMO) benefit schedules shall require a $10 co-payment for outpatient and physician services. 23.12 City and Employee Contributions 23.12.1 City Contributions The City shall contribute towards the monthly cost of health coverage to the various medical plans through 2002 as follows: · Approved HMO Plans · Ail Other Health Plans 100% of the monthly rate 130% of the Kaiser monthly rate 23.12.10 Fcr all plans cffcrcd by the City, the City will pa}- a mcntkly amcunt cqual to 100% cf tkc..~v~4~ ......~ ...... ~. Effective 2003, the City shall increase its contribution to the premiums for the various health plans each January. This contribution shall be based on the Consumer Price Index, Ail Items Index - Urban Wage Earners and Clerical Employees (CPI-W), for the area identified as Los Angeles - Riverside -Oranqe County. The increase in the City's contribution shall be equal to the percent change for the year ending July of the prior calendar year plus seventy-five percent (75%) of any amount above the CPI-W. (For example, the City's increase in contribution for calendar year 2003 shall equal the percent change in the CPI-W for the year ending July 2002, plus 75% of the amount of the health premium increase that exceeds the percent change in the CPI-W for the year ending July 2O02). 23.12.2 Employee Contributions Employees shall be required to contribute an amount equal to 100% of the excess amount over what is allowed under Section 23.12.10 of this RULE. ~ ~;~ month!} ..... but in no 23.12.23 Employees who are covered by another health plan, including the dependent spouse of married City employee couples, may present proof of such coverage in order to receive $100 per month in lieu of City provided health benefits. In the event an employee who has Personnel Rule 23 - Insurance, Pensions and Perquisites Page 2 elected this option loses health coverage for any reason, and notifies the City of such loss within five (5) working days, he/she may enroll immediately in any City plan. Employees may re-elect this option annually during open enrollment, or may enroll in a City plan. Effective January 1, 2003, the payment shall be increased to $125 per month. Thc City ~cdioal Dian shall bc dcccribcd in a bock!ct %.:hick apprcvc~ ~" ~ City ~ ..... ;~ ~ ~^ ~ ..... part ^~ ~;~ 23.12.3 For all medical plans, married City employee couples shall be allowed only one medical plan and only one dental plan to cover all family members , and married City employee couples covered by a single enrollment shall kava thc cpticn tc pay no health insurance premium while both spouses are employed by the City. Or, may alternatively elect to rcccive the ~'opt-out" payment authorizcd provided in Section 23.012. 23.12.4 Proof of marriage will be required of all employees enrolled in any City medical plan to enroll a dependent spouse. 23.12.5 The Master contract between the City and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 23.2 Life Insurance 23.21 The City shall make available Group Term Life Insurance to all employees covered by this RULE. 23.22 Basic Life Insurance shall be available based upon the employee's annual salary according to the following schedule: Annual Salary Volume $ 7,500 - $10,000 $10,001 - $15,000 $15,001 - $20,000 $20,001 & greater and For City Council Members $10,000 $15,000 $2o,00o $25,000 23.23 Dependent coverage with an insurance value up to $1,000 per dependent may be added to the Basic Life Insurance coverage at the option of the employee. 23.24 The City shall provide supplemental term life insurance to Confidential employees equal to the amount provided under Section 23.22. One hundred percent (100%) of the cost of the supplemental term life insurance shall be paid by the employee. 23.25 The City shall contribute one-half (1/2) the cost of the premium for Basic Life Insurance and Dependent coverage. The employee shall \\coafsl\vo11\home\vkilmur\OT2499vk Personnel Rule 23 - Insurance, Pensions and Perquisites Page 3 contribute the difference between the City contribution and the total premium costs, but in no event shall the employee's contribution exceed the contributions established for employees in the General City Employees Unit of Representation. 23.26 The City shall make available Supplemental Term Life Insurance to management employees. 23.26.1 The employee's allowable coverage under this component shall be limited so that the Basic Life coverage and the Supplemental Life coverage together do not exceed two (2) times the employee's base annual salary rounded up to the nearest $1,000. The Supplemental Life coverage shall be adjusted each January. 23.26.2 The City shall contribute the full cost of the premium for the Supplemental Life coverage for Executive and Administrative managers. 23.26.3 The City shall contribute one-half (1/2) the cost of the premium for the Supplemental Life coverage for all other management employees. The employee shall contribute the difference between the City contribution and the full cost of the premium. 23.27 The City shall make available Accidental Death and Dismemberment Insurance in the amount of $50,000 to all management employees. 23.27.1 The City shall make no contribution towards the cost of the premium for this component. The employee shall contribute the full cost of the premium. 23.28 Any employee who retires shall receive a paid-up life insurance policy, paid for wholly by the City, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000. 23.29 Employees who are permanently and totally disabled shall receive Permanent and Total Disability Life Insurance under the following conditions: 23.29.1 Employees eligible to retire shall receive the following Life Insurance benefit: (a) $100 paid up life insurance for each year of service as provided under the Retired Life Insurance Program. (b) Decreasing term life insurance in the amount of the employee's Basic Life Insurance less the paid up life insurance described above. Such term life insurance shall decrease by 1/60 of the adjusted value each month until the face value of such insurance reaches zero (5 years). (c) The permanently and totally disabled employee will pay no premium during the term of this benefit. 23.29.2 Employees not eligible to retire shall receive the following Life Insurance benefit: \\coals1 \vol 1 \home\vkilrn u r\OT2499vk Personnel Rule 23 - Insurance, Pensions and Perquisites Page 4 (a) Decreasing term life insurance in the amount of the employee's Basic Life Insurance. Such term insurance shall decrease by 1/60 of the original amount each monthly until the face value reaches zero (5 years). (b) The permanently and totally disabled employee shall pay no premium during the term of this benefit. 23.3 Long Term Disability Benefits 23.31 The City shall provide long term disability insurance for all employees covered by this RULE. 23.32 The City shall pay the premium for employee group long term disability insurance coverage in accordance with the provisions of any contract between the City and any company or companies providing such coverage. 23.4 Dental Plans 23.41 The City shall sponsor the Delta Dental Plan, the Safeguard Dental Plan, and other prepaid and/or insured dental plans recommended by the Joint Committee on Medical Prog4rams and approved by the City Council. 23.42 Employees who select a dental plan other than Safeguard will be required to contribute an amount equal to 100% of the excess amount over the Safeguard monthly rate. 23.5 Short Term Disability 23.51 The City shall provide the existing Short Term Disability plan in accordance with RULE 17. The City shall pay the City's portion of medical, dental, life and optical insurance while the employee collects short term disability benefits. 23.6 Pensions of all cmp!cyccs ccvcrcd by this RULE who arc cnrc!!cd in PEP, S. Such through a rcduotion in salary,v~ vA=~ ...... ...... ~ ............ 4~ ~..~ .... salary increases, adcpt Salary Rcsolutiong for cmplcyccs ccvcrcd by the ,RUE ~hat shall Specify thc manner and amount cf ccntrikuticns madc cn kchalf of .... ~.~ ........... ~.~ .......... gmvcn thc o on ~ choosing ~^ rcccivc ~ ........... ~ .... ~" ~ ..... ~ ~ having ~ paid by ~ ~" ~^ ~ PERS. Contributions ccnsidcrcd to bc an cffsct against futurc salary incrcascs ............................... , ............................ C~ O'CC ....... ~ ~ purposc ^~ ~oo rc~or~C~ ~ ~ _~ \\coafs1\vo11\home\vkilmur~OT2499vk Personnel Rule 23 - Insurance, Pensions and Perquisites Page 5 .... purpcsc v~ rcpcrtab!c ......... 23.61 For Miscellaneous Plan Employees in the Public Employees Retirement System assigned to the Confidential or Unrepresented Part-Time Units, the City shall contribute 7% (seven percent) of the employee contribution for retirement benefits in accordance with the provisions of the contract between the City of Anaheim and the Public Employees' Retirement System. 23.62 For Miscellaneous Plan Employees in the Public Employees Retirement System assigned to Management job classifications, the following shall apply: · Effective June 23, 2000, 3.5% of the statutorily required employee Public Employees Retirement System ~PERS" pension contributions shall be paid by the City of Anaheim as employer paid member contributions in accordance with Government Code Section 20691. The remaining percent of the statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employee paid member contributions. For the purpose of Internal Revenue Code Section 414(h) (2), these contributions shall be considered a reduction in salary and shall be included in an employee's wages for the purpose of PERS reportable compensation, overtime calculations, and al other purposes with the exception of state and federal income tax withholding. · Effective June 22, 2001, the entire statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employer paid member contributions in accordance with Government Code Section 20691. 23.63 For Safety Plan Employees in the Public Employees Retirement System assigned to the Fire Safety Management Unit, the statutorily required employee PERS pension contributions shall be paid by the City of Anaheim as employee paid member contributions. For the purpose of Internal Revenue Code Section 414(h) (2), these contributions shall be considered a reduction in salary and shall be included in an employee's wages for the purpose of PERS reportable compensation, overtime calculations, and all other purposes with the exception of state and federal income tax withholding and reporting, and the cash out of accumulated leave balances. 23.64 For Safety Plan Employees in the Pubic Employees Retirement System assigned to the Police Safe~y Managemen~ Unit, ~he sta~utorily required employee PERS pension contributions shall be paid by the City of Anaheim as employee paid member contributions. For the purpose of Internal Revenue Code Section 414(h) (2), these contributions shall be considered a reduction in salary and shall be included in an employee's wages for the purpose of PERS reportable compensation, overtime calculations, and all other purposes with the exception of state and federal income tax withholding and reporting, and the cash out of accumulated leave balances. 23.64.1 Effective July 6, 2001, the City's contract with the Public Employees Retirement System, Police Safety Plan, shall be amended to provide Government Code §21362.2 benefits ("3% 50") . \\coal% 1\vol 1\home\vkilmur\OT2499vk Personnel Rule 23 - Insurance, Pensions and Perquisites Page 6 23.64.2 Employees shall pay all employer costs in excess of nine percent (9%). 23.64.2 Any costs in excess of the Normal Cost of the PERS benefit provided during fiscal year 2000/2001 (13.369%) shall be shared equally between the City and the employee. 23.65 Upon amendment of the City's contract with the Public Employees Retirement Systems, Miscellaneous Plan employees shall be eligible for 1) A Pre-Retirement Optional Settlement 2 Death Benefit and 2) The current $500 Retiree Death Benefit will be replaced with a $5 000 Retiree Deat__h 23 .7 23.8 23.9 Benefit. 23.65.1 Effective July 4, 2003, the City's contract with the Public Employees Retirement System Police Safety Plan shall be amended to provide the Pre-Retirement Optional Settlement 2 Death Benefit (Government Code §21548), and replace the current five hundred dollar ($500) Retiree Death Benefit with a five thousand dollar ($5,000) Retiree Death Benefit (Government Code §21623.5). Uniformed personnel of the Police and Fire Departments and certain other designated personnel shall be furnished uniforms in accordance with regulations established by the City Manager. The City shall provide a full-time confidential employee in the classified service adequate meals under the following conditions: 23.81 An employee shall be provided with two adequate meals if he is called out on emergency overtime work within one (1) hour before a scheduled work day. If a meal has been earned under another section of this RULE within two (2) hours of the scheduled work day, only one meal shall be provided under this section. 23.82 An employee will be provided one meal if he is called back to emergency overtime work within one and one-half 1 ~) hours after normal quitting time and works beyond two and one-half (1 1~ hours after normal quitting time. 23.83 An employee shall be provided an adequate meal if he works two (2) hours overtime beyond the normal quitting time. 23.84 An employee shall receive one meal if he is scheduled to work overtime two (2) hours before a regular day. 23,85 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 23.86 Meal time shall be compensated at the appropriate overtime rate and shall normally be limited to one-half (1/2) hour with a maximum limit of forty- five minutes paid meal time. 23.87 An employee may, at his request, be compensated for meals at the rate of one-half (1/2) hour of overtime pay per meal. The City Mileage Reimbursement rate will be the standard mileage rate established by the Internal Revenue Service. \\coafs 1\vol l\home\vkilmu r\OT2499vk Personnel Rule 23 - Insurance, Pensions and Perquisites Page 7 23.91 Any increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. 23.10 Management classifications as designated in the Resolution are eligible to receive either a City-owned vehicle or an automobile allowance in an amount approved by City Council. 23.11 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE except that the City Council may from time to time authorize exceptions. Doc: OT2499vk/vkilmur/convert/personnel Revised 04/14/88 - Resolution No. 88R-166 Revised 2/92 Revised 7/94 Revised 8/94 Revised 2/01 %coafsl \vol 1 \home\vkilmu r\OT2499vk RULE 33. POST RETIREMENT MEDICAL BENEFITS Section 33.0 Employees covered by this RULE who are enrolled as a subscriber in a City-sponsored health plan at the time of separation from City service shall be eligible to participate in any City-sponsored health (medical benefits only) plan as a retiree. As of January 1, 1995, employees who are enrolled as a subscriber in a City-sponsored dental plan at the time of separation from City service and retirees who were actively employed on or after January 1, 1988 and who are enrolled in a City sponsored health plan shall also be eligible to participate in any City-sponsored dental plan as a retiree° As used in this RULE, the term "employee" shall include all full-time non-represented classified employees, the City Manager, the City Attorney, the City Treasurer, the City Clerk, members of the City Council, and members of the Redevelopment Agency. 33.01 Employees covered by this RULE who retired prior to January 1, 1988, who were eligible for post-retirement health benefits at the time of their separation from City service and who maintain continuous membership in good standing shall pay monthly premiums in accordance with the following schedule: Single coverage Two party coverage Family coverage $15.00 monthly $15.00 monthly $45.00 monthly 33.011 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 33.02 Employees covered by this RULE who were hired prior to January 1, 1984, and who retire on or after January 1, 1988, and prior to January 1, 1994, and who meet the requirements described below shall be eligible to participate in any City-sponsored medical and/or dental plan. 33.021 The employee must have completed at least five (5) years of continuous, full-time City of Anaheim service on the date of retirement; and 33.022 The employee must have been awarded a retirement from the Public Employee's Retirement System (PERS) as the reason for separation from City service; and 33.023 PERS retirement benefits must commence no later than the first day of the month following the date of separation from City service. 33.024 The City shall contribute towards the premium costs of the City-sponsored medical plan elected by the employee up to the amount contributed by the City towards the cost of the Employee Medical Plan Option I in the year prior to the employee's retirement. 33.025 The City shall contribute towards Che premium costs of the City-sponsored dental plan elected by the employee up to the amount contributed by the City towards the cost of the Safeguard Health Plan in the year prior to the employee's retirement. 33.026 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 33.03 Employees covered by this RULE who retire on or after January 1, 1988, and who meet the requirements described below shall be eligible to participate in any City-sponsored medical and/or dental plan. 33.031 The employee must have completed at least ten (10) years of continuous, full-time City of Anaheim service on the date of retirement; and Personnel Rule 33. Post Retirement Medical Benefits Page 2 33.032 33.033 33.034 33.035 33.036 33.037 The employee must have been awarded a retirement from the Public Employee's Retirement System (PERS) as the reason for separation from City service; and PERS retirement benefits must commence no later than the first day of the month following the date of separation from City service; OR The employee must have been awarded a disability retirement (Ordinary or Industrial) from the Public Employee's Retirement System (PERS) as the reason for separation form City service. The City shall provide separate contributions towards the premium costs of the City-sponsored medical and/or dental plans elected by the employee according to the following schedule: 33.0351 For Service Retirements, the contribution shall be a percentage of the annual contribution made by the City on behalf of active employees. The percentage shall be equal to one and one half (1.5) times the 2% @ 60 Local Public Agency Miscellaneous PERS retirement schedule for employees in classifications assigned to the Miscellaneous retirement group. The percentage shall be one-and-two tenths (1.2) times the 2% @ 50 Local Public Agency Safety PERS retirement schedule for employees in classifications assigned to the Safety retirement group. 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. 33.0352 For Disability Retirements, the contribution shall be a percentage of the annual contribution made by the City on behalf of active employees, the percentage equal to two percent (2%) for each year of service to a maximum contribution of ninety-five percent (95%) based on the employee's consecutive years of Anaheim service at the time of retirement. Such credit shall be calculated to the nearest complete one quarter (1/4) year. 33.0353 In the event an employee is eligible for both a service and a Disability Retirement benefit under the provisions of Section 33.03, the employee shall receive the Service Retirement benefit. The City contribution shall be based on the Two-Party or Family rate only for those employees who properly enroll a dependent spouse 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 section shall prevent a retiree from properly enrolling new dependents at the retiree's cost. The full value of any MediCare credits provided to the City or MediCare surcharges imposed on the City by virtue of a Personnel Rule 33. Post Retirement Medical Benefits Page 3 33.038 retiree's participation or non-participation in MediCare shall be passed on to the retiree in the form of reduced or increased premium costs. The surviving spouse of the retiree may continue coverage under the same terms and conditions provided that the surviving spouse was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 33.04 Any employee who retires from City service and who is eligible to receive a benefit under Sections 33.02 and 33.03 of this RULE may elect either benefit at the time of retirement. Such election shall be irrevocable. 33.05 The following conditions shall apply to all retirees who have post-retirement medical coverage under this RULE: 33.051 Once cancelled for any reason, coverage shall not be reinstated unless the specific cause of such cancellation is the return to active service with the City of Anaheim in which case coverage shall be reinstated immediately upon separation from the City following such return to active service. 33.052 Coverage shall be cancelled for non payment of fees after three (3) months in arrears. 33.053 There shall be Coordination of Benefits where other insurance exists. 33.054 33.055 33.056 Retirees may change plans and add dependents only during the annual open enrollment period, except that the surviving spouse of a retiree may not enroll a new spouse. Vision Care benefits provided under the Employee Medical Plan are EXCLUDED from benefits for retired employees. 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. 33.06 The City Manager, City Attorney, City Treasurer and City Clerk who are eligible under the provisions of Section 33.03 of this RULE shall receive a minimum benefit of seventy-five percent (75%) as described in Section 33.0351. Members of the City Council and members of the Redevelopment Agency who serve a minimum of one (1) term, who have applied for or are receiving PERS retirement benefits at the expiration of the member's term, and who are otherwise eligible under the provisions of this RULE shall receive a minimum benefit of seventy-five percent (75%) as described in Section 33.0351. 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. 33.07 Employees or City Council and Redevelopment Agency Members hired/appointed on or after January 1, 2002, shall not be eliqiblie for any post-retirement medical benefits under this Personnel Rule 33. Doc: Rule33F/vkilmur/convert/personnel Created 5/90 (Resolution No. 90R-153) Reviewed 2/92 - No Change Revised 8/94 Revised 6/00 (Resolution No. 2000R-127) Revised 2/2001 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-56 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of March, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLER~ OF THE CITY OF ANAHEIM (SEAL)