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2003-197RESOLUTION NO. 2003R- 197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-17 WHICH ESTABLISHED PERSONNEL RULES FOR CLASSIFICATIONS DESIGNATED AS MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED PART-TIME WHEREAS, the Human Resources Director has recommended in a staff report dated October 28, 2003, that Resolution No. 92R-17 be amended in the manner hereinafter set forth; and WHEREAS, as a result thereof, the need exists to amend Resolution No. 92R-17 which established Personnel Rules for classifications designated as Management, Confidential and Non-Represented Part-Time; 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. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That Section 16.0 of Personnel Rule 16, Vacation be amended to read as follows: "Section 16.0 Full-time confidential and management employees in the classified service with an average work week of forth (40) hours shall receive annual vacation with pay in accordance with the following provisions except for those classifications listed under Section 16.1 of this RULE):" 2. That, a new Section 16.1 be added to Personnel Rule 16, Vacation, to read as follows: Section 16.1 Management employees in the classifications of Chief of Police, Deputy Chief of Police, Police Captain, Police Lieutenant and Detention Facility Manager shall receive annual vacation pay in accordance with the followinq provisions: 16.1.1 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. 16.1.2 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. h\VKILMUR\OT2852VK.DOC 16.1 .3 Upon completion of eiqht years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (5) hours for each complete biweekly pay period 130 hours). The maximum amount of vacation that may be accrued is 312. 16.1 .4 Upon completion of fourteen years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (6) hours for each complete biweekly pay period 156 hours). The maximum amount of vacation that may be accrued is 364 hours. 16.1 .5 Upon completion of twenty years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (7) hours for each complete biweekly pay period 182 hours). The maximum amount of hours that may be accrued is 416 hours. 16.1 .6 Upon completion of twenty-five years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (8) hours for each complete biweekly pay period 208 hours). The maximum amount of vacation that may be accrued is 468 hours." 3. That, Section 16.6 of Personnel Rule 16, Vacation, be amended to read as follows: "Section 16.6 Maximum vacation accumulations for confidential and management employees with an average regular work week of forty (40) hours shall be as follows (except as provided for in Section 16.1 ." That, a new Section 16.11 be added to Personnel Rule 16, Vacation to read as follows: "16.11 Management employees in the classifications of Chief of Police, Deputy Chief of Police, Police Captain, Police Lieutenant and Detention Facility Manager may request to be compensated for up to sixty (60) vacation hours twice per calendar year subiect to the followinq provisions: 16.11.1 The employee must have used a minimum of forty (40) hours of vacation during the preceding twelve (12) months. 16,11,2 The employee's vacation balance cannot drop below eight (80) hours as a result of the request. 16,11,3 The Chief of Police or the Chief's designee must approve the employee's request for vacation pay-off, The Chief of Police must obtain approval from the City Manager for his/her own request, 16.11.4 Employees may ~uest to be compensated one time during the remainder of calendar year 2003 for up to 60 hours of accrued vacation. 16.11,5 Employees covered under this Section 16.11 shall not be eligible for provisions stated under Section 16.10.' I:WKILMU R\OT2852VK.DOC 5. That, Sections 23.64.2 and 23.64.3 be deleted from Personnel Rule 23, Insurance, Pension and Perquisites, and a new Section 23.64.2 be added as follows: 23.64.2 Effective upon City Council adoption of Rule 16, employees covered under this Section 23.64 shall also be required to pay 2.5% of the employer PERS rate as a result of the "3% ¢,50" retirement benefit." 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 in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of October ., 200~/~~~~ MAYOR OF THE ANAHEIM ATTEST: G'CI-Y CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORJ~.' JACK L~~,.~.... Cl~. ORNE,Y I:WKILMUR\OT2852VK.DOC 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 (except for those classifications listed under Section 16.1 of this RULE): 16.0.1 Employees hired prior to adoption of this Rule change, (adopted March 6, 2001) 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 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). 16.0.1.01 Employees hired on or after adoption of this rule change, (adopted 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). 16.0.2 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). 16.0.3 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). 16.0.4 Upon completion of fourteen years of continuous, employees shall accrue paid vacation at the rate each complete biweekly pay period (182 hours per full-tlme service such of seven (7) hours for year). 16.0.5 Upon completion of nineteen years of continuous, employees shall accrue paid vacation at the rate each complete biweekly pay period (208 hours per full-time service, such of eight (8) hours for year). 16.0.6 Upon completion of twenty-four (24) years of continuous, full-time service, employees shall accrue paid vacation at the rate of nine hours for each complete biweekly pay period (234 hours per year). (9) Section 16.1 Manaqement employees in the classifications of Chief of Police, Deputy Chief of Police, Police Captain, Police Lieutenant and Detention Facility Manager shall receive annual vacation pay in accordance with the followinq provisions: 16.1.1 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. 16.1.2 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. 16.1.3 Upon completion of eiqht years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (5) hours for each complete biweekly pay period 130 hours). The maximum amount of vacation that may be accrued is 312. 16.1.4 Upon completion of fourteen years of continuous, full-time service{ such employees shall accrue paid vacation at the rate of four (6) hours for each complete biweekly pay period 156 hours). The maximum amount of Rule 16. Vacation Page 2 16.1.5 16.1.6 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 four (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 four (8) hours for each complete biweekly pay period 208 hours). The maximum amount of vacation that may be accrued is 468 hours. Section 16.2 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. 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 Lead Security Guard - Convention Center ONLY P/T Telephone Operator/Receptionist-Convention Center ONLY P/T Security Guard-Convention Center ONLY Section 16.3 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 INDUSTRIAL 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. Section 16.4 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) complete biweekly pay periods of service. Section 16.5 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 16.6 Maximum vacation accumulations for confidential and 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. 16~6.01 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. 16.6.2 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. Doc: vkilmur/home/rule 16Fpolicerevised Rule 16. Vacation Page 3 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 forty (40) hours each or one increment of up to eighty (80) 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. 16.9.3 The employee's balance cannot drop below forty (40) hours as a result of the request. 16.10 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: 16.10.1 The employee must have used forty (40) 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. 16.10.4 Management employees are not eligible for vacation payoff as defined in Section 16.9 of this Personnel Rule. 16.11 Management employees in the classifications of Chief of Police, Deputy Chief of Police, Police Captain, Police Lieutenant and Detention Facility Manager may request to be compensated for up to sixty (60) vacation hours twice per calendar year subject to the followinq provisions: 16.11.1 The employee must have used a minimum of forty (40) hours of vacation Doc: vkilmur/home/mle 16Fpolicerevised Rule 16. Vacation Page 4 durin~ the preceding twelve (12) months. 16.11.2 The employee's vacation balance cannot drop below eight (80) hours as a result of the request. 16.11.3 The Chief of Police or the Chief's designee must approve the employee's request for vacation pay-off, The Chief of Police must obtain approval from the City Manager for his/her own request. 16.11.4 Employees may request to be compensated one time during the remainder of calendar year 2003 for up to 60 hours of accrued vacation. 16.11.5 Employees covered under this Section 16,11 shall not be eligible for provisions stated under Section 16.10. Section 16.12 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. 16.12.1 For new hires assigned to Executive or Administrative Management level positions~ the maximum number of hours which may be credited is 120. 16.12.2 For new hires assigned to Middle Management, Supervisory or Professional level positions, the maximum number of hours which may be credited is 80. Section 16.13 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE. Section 16.14 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 Pro~ram. 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 (Resolution Not 2001R-56 3/6/01) Revised 6/02 Revised 8/02 Revised 10/03 Doc: vkilmur/home/rule 16Fpolicerevised RULE 23. INSURANCE, 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 (F~40) 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 · Ail 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 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). 23.12.2 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 23.12.10 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. Personnel Rule 23 - Insurance, Pensions and Perquisites Page 2 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 pay no health insurance premium while both spouses are employed by the City. Or, may alternatively elect the "opt-out" payment--provided in Section 23.012. 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 23.22 The City shall make available Group Term Life Insurance to all employees covered by this RULE. 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 $10,00z - $15,000 $15,001 - $20,000 $20,001 & greater and For City Council Members $10,000 $15,000 $20,000 $25,000 23.23 23.24 23.25 23.26 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. 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. The City shall contribute one-half (1/2) the cost of the premium for Basic Life Insurance and Dependent coverage. The employee shall 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. 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. Rule23policerevised/vkilmurray/shared/I Personnel Rule 23 - Insurance, Pensions and Perquisites Page 3 23 .3 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) (b) (c) $100 paid up life insurance for each year of service as provided under the Retired Life Insurance Program. 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). 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: (a) (b) 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). The permanently and totally disabled employee shall pay no premium during the term of this benefit. 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. Rule23policerevised/vkilmurray/shared/I Personnel Rule 23 - Insurance, Pensions and Perquisites Page 4 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 23.61 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. 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 Safety Management Unit, the statutorily required Rule23policerevised/vkilmurray/shared/I Personnel Rule 23 - Insurance, Pensions and Perquisites Page 5 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 Effective upon City Council adoption of RULE 16, employees covered under this Section 23.64 shall also be required to pay 2.5% of the employer PERS rate as a result of the "3% @ 50" retirement benefit. 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. 23.65.3 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). 23.7 Retirement Health Savings Plan: 23.71 Full-time employees covered by this RULE, including City Attorney, City Clerk, City Manager and City Treasurer, who are hired/appointed on or after January 1, 2002, shall participate in the Retirement Health Savings Plan. 23.71.1 23.71.2 The City shall establish an Integral Part Trust for reimbursement of qualified medical expenses. Qualified medical expenses are those expenses authorized in the Plan document. Each employee shall be required to contribute 1.5% of his or her gross biweekly pay to the employee's individual member account. 23.71.3 The City shall make a one-time lump sum employer contribution of three thousand dollars ($3,000) into an employee's individual member account upon the employee's hire with the City. This amount is designated as a City contribution. Rule23policerevised/vkilmurray/shared/I Personnel Rule 23 - Insurance, Pensions and Perquisites Page 6 23.71.4 The Plan shall require a 5 year vesting period (cliff vesting) for any City provided contributions. 23.71.4.1 If an employee terminates employment with the City prior to completion of the 5 year vesting period, the initial $3,000 City contribution plus earnings on the $3,000 shall revert back to the Plan to offset future employer contributions as specified in the Plan Document. 23.72 Employees covered under this Section 23.7 may elect to contribute, in one-half hour increments, sick leave hours, vacation hours and/or paid leave hours under the following conditions: Sick Leave - Employees shall be required to bank a minimum of one (1) hour of earned sick leave per pay period to their individual sick leave accrual account. The remaining balance earned per pay period shall be available for deferral to the Retirement Health Savings Plan as designated by the employee. Vacation - Employees shall be required to bank a minimum of three (3) hours of earned vacation per pay period to their individual vacation accrual account. The remaining balance earned per pay period shall be available for deferral to the Retirement Health Savings Plan as designated by the employee. Paid Leave - Employees shall be required to bank a minimum of six (6) hours of earned paid leave per pay period to their individual paid leave accrual account. The remaining balance earned per pay period shall be available for deferral to the Retirement Health Savings Plan as designated by the employee. 23.71.1 Such hours shall be designated prospectively and earned in the following calendar year. This election must be done by November 30tn for the following year's contributions. 23.72.2 The cash conversion of such hours shall be at the employee's base hourly rate and shall be deposited into the employee's individual member account at the close of each biweekly pay period. 23.73 Employees are eligible to withdraw funds for reimbursement of qualified medical expenses including the employee's share of medical insurance premiums for plans provided by the City at age 50 and after five years of service with the City. 23.74 23.75 Employees who separate 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 contributions for employer-provided group health insurance provided by other employers are not an eligible medical expense for the purpose of this plan. Employees covered under this Section 23.7, who have completed at least ten (10) years of consecutive City service, and who are awarded a retirement from PERS as their reason for separation from City service shall be allowed access to City sponsored group health plans as one of their coverage options. Rule23policerevised/vkilmurraylsharedll Personnel Rule 23 - Insurance, Pensions and Perquisites Page 7 23.76 Upon the death of an employee, the surviving spouse and/or eligible dependents are immediately eligible to maintain the individual member account and to utilize any vested portion to fund eligible medical benefits. 23.77 If any provision of Section 23.7 of this Rule is at any time or in any way held to be contrary to any law by any court of proper jurisdiction or expressly prohibited by a Private Letter Ruling by the Internal Revenue Service, the remaining provisions shall not be effected thereby, and shall remain in full force and effect. 23.8 23.78 Members of the City Council and Redevelopment Agency are not eligible under the provisions of Section 23.7 of this RULE. Full-time employees covered under this Rule including City Attorney, City Clerk, City Manager, and City Treasurer, hired/appointed prior to January 1, 2002, are eligible to participate in the Retirement Health Savings Plan as defined in Sections 23.81 through 23.91 of this Rule. 23.81 Employees hired prior to January 1, 2002, shall be allowed the opportunity to elect to participate in the Plan. Once made, this election shall be irrevocable. Such election may be made at any time. Mandatory compensation contributions shall begin the pay period following sign-up as defined under Section 23.82 of this Rule. Contributions from sick leave hours, vacation hours, and/or paid leave hours shall be in accordance with Section 23.85 of this Rule. 23.82 Employees in the Plan shall be required to contribute 1% of his or her gross biweekly pay to the employee's individual member account. 23.83 No lump-sum City contribution is provided. 23.84 Employees are immediately vested since all funds are from employee contributions. 23.85 Employees covered under this Section 23.8 may elect to contribute, in one-half hour increments, sick leave hours, vacation hours and/or paid leave hours under the following conditions: Sick Leave - Employees shall be required to bank a minimum of one (1) hour of earned sick leave per pay period to their individual sick leave accrual account. The remaining balance earned per pay period shall be available for deferral to the Retirement Health Savings Plan as designated by the employee. Vacation - Employees shall be required to bank a minimum of three (3) hours of earned vacation per pay period to their individual vacation accrual account. The remaining balance earned per pay period shall be available for deferral to the Retirement Health Savings Plan as designated by the employee. Paid Leave - Employees shall be required to bank a minimum of six (6) hours of earned paid leave per pay period to their individual paid leave accrual account. The remaining balance earned per pay period shall be available for deferral to the Retirement Health Savings Plan as designated by the employee. Rule23policerevised/vkilmurray/shared/I Personnel Rule 23 - Insurance, Pensions and Perquisites Page 8 23.85.1 Such hours shall be designated prospectively and earned in the following calendar year. This election must be done by November 30th for the following year's contributions. 23.85.2 The cash conversion of such hours ahall be at the employee's base hourly rate and shall be deposited into the employee's individual member account at the close of each biweekly pay period. 23.86 23.87 23.88 23.89 23.90 23.91 Employees are eligible to withdraw funds for reimbursement of qualified medical expenses including the employee's share of medical insurance premiums for plans provided by the City at age 50 and after five years of service with the City. Employees who separate 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 contributions for employer-provided group health insurance provided by other employers are not an eligible medical expense for the purpose of this plan. Employees covered under this Section 23.8, who have completed at least ten (10) years of consecutive City service, and who are awarded a retirement from PERS as their reason for separation from City service shall be allowed access to City sponsored group health plans as one of their coverage options. Upon the death of an employee, the surviving spouse and/or eligible dependents are immediately eligible to maintain the individual member account and to utilize any vested portion to fund eligible medical benefits. If any provision of Section 23.8 of this Rule is at any time or in any way held to be contrary to any law by any court of proper jurisdiction or expressly prohibited by a Private Letter Ruling by the Internal Revenue Service, the remaining provisions shall not be effected thereby, and shall remain in full force and effect. Members of the City Council and Redevelopment Agency are not eligible under the provisions of Section 23.8 of this RULE. 23.9 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. 23.10 The City shall provide a full-time confidential employee in the classified service adequate meals under the following conditions: 23.10.1 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. 23.10.2 An employee will be provided one meal if he is called back to emergency overtime work within one and one-half 1 h) hours after normal quitting time and works beyond two and one-half (1 lh hours Rule23policerevisedlvkilmurraylsharedll Personnel Rule 23 - Insurance, Pensions and Perquisites Page 9 after normal quitting time. 23.10.3 An employee shall be provided an adequate meal if he works two (2) hours overtime beyond the normal quitting time. 23.10.4 An employee shall receive one meal if he is scheduled to work overtime two (2) hours before a regular day. 23.10.5 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 23.10.6 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. 23.10.7 An employee may, at his request, be compensated for meals at the rate of one-half (1/2) hour of overtime pay per meal. 23.11 The City Mileage Reimbursement rate will be the standard mileage rate established by the Internal Revenue Service. 23.11.1 Any increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. 23.12 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. 23.13 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 Revised 7/02 Rule23policerevised/vkilmurray/shared/I 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. 2003R-197 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of October 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: Tait ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None .//CITY CE"ERK O~ THE CITY OF ANAHEIM (SEAL)