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94-210 RESOLUTION NO. 94R- 21Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIREFIGHTERS ASSOCIATION. WHEREAS, the Human Resources Director met and conferred with officials and employee representatives of the Anaheim Firefighters Association, to discuss specific concerns relative to Amending Article 54, Insurance, and Article 55, Post-Retirement Medical Benefits, of the current Memorandum of Understanding; and WHEREAS, a Letter of Understanding between the parties dated August 22, 1994, has been prepared and signed, amending Article 54, Insurance, and Article 55, Post- Retirement Medical Benefits, of the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Anaheim does find that it is in the best interests of the City of Anaheim to approve said Letter of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding, between the City of Anaheim and the Anaheim Firefighters Association, dated August 22, 1994, a copy of which is attached hereto and incorporated by reference herein, is approved, and said Memorandum of Understanding is hereby amended in accordance with the terms of said Letter of Understanding. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of August, 1994. ATFEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: CITY ATFORNEY ~F THE CITY OF ANAHEIM CC1069BR.OT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-210 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-210 on the 24th day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of August, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No, 94R-210 was duly passed and adopted by the City Council of the City of Anaheim on August 23, 1994. CITY CLERK OF THE CITY OF ANAHEIM LETTER of UNDERSTANDING BETWEEN the CITY of ANAHEIM and the ANAHEIM FIRE ASSOCIATION The City of Anaheim (ANAHEIM) and the Anaheim Fire Association (UNION) have met and conferred on health benefits and have agreed to the following changes, to be effective January 1, 1995 through December 31, 1997. 1 UNION agrees to ratify this Letter of Understanding by August 31, 1994. 2 ANAHEIM and UNION agree that Article 54 Insurance is amended as attached effective January 1, 1995. 3 ANAHEIM and UNION agree that Article 55 Post-Retirement Medical Benefits is amended as attached effective the date the City Council adopts this Letter of Understanding. ANAHEIM agrees that this amendment shall apply to employees who retire on or after January 1, 1988. 4 ANAHEIM agrees to offer effective January 1, 1995 the Kaiser Foundation Health Plan, PacifiCare and Health Net (Health Maintenance Organization) plans as currently recommended by the Health Council, and the self-funded Employee Medical Plan. 5 ANAHEIM and UNION agree that the Employee Medical Plan shall be replaced by an acceptable alternative plan on or before January 1, 1997. 6 UNION shall appoint one (1) Health Council representative to serve on a Health Council task force to identify appropriate alternative plans that can provide adequate benefits at reasonable cost to both ANAHEIM and enrollees. The service of the Health Council task force representative shall be considered a part of the ongoing duties and responsibilities of each employee in their respective job class. Each employee shall receive their regular compensation for any regularly scheduled working hours spent in actual performance of such service. The Health Council task force shall submit their recommendations through the Health council to the City Manager for approval, rejection, or referral back to the task force for further action by January 1, 1996. If a recommendation has not been approved by the City Manager by April 1, 1996, the Health council task force may use mediation services to mediate differences among members of the task force, and if so shall submit the CC1065BR.OT results of the mediation to the City Manager and all recognized employee organizations by May 1, 1996. 7 ANAHEIM and UNION agree to submit any agreement reached on alternative plans to the City Council for determination no later than July 1, 1996. 8 ANAHEIM and UNION agree that any alternative plan approved by the City Council shall include Vision coverage for all retirees. 9 ANAHEIM agrees that UNION shall be offered the opportunity to accept in lieu of the provisions of this Letter of Understanding any agreement ANAHEIM may reach with any other recognized employee organization on or before December 31, 1996, regarding health plan benefit levels, providers, or contribution structures. STAFF OFFICIALS OF THE ANAHEIM FIRE ASSOCIATION CITY of ANAHEIM, a Municipal Corporation By: /~~ y~ ~ CC1065BR.OT ARTICLE 54 INSURANCE 54.1 Active Employees 54.11 Health Plans 54.111 ANAHEIM agrees to sponsc, r '~11~ the prepaid and/or insurance health plans recommended by the Joint Committee O1' ~!, ~. ,'.,', ]~;~r~ ; 1"- :! .d "?~, ".~,.,t l!i~pl(~.'t'd I~:~ .",' ( I ,.,.":.J=.'.,'~.~ ~J.::" i)¢ ~:i,",2,."q"J/..'," .o .~d ex:41;.f Jll.~s~:~'d. :~';~; .,]';;1" ;t',[. t.,2 ~1 .%J,*', ['.'.',,.:.'l',"l: ",;I OJ..'?l,t.i~.'.: i,,f!;;! ?'.:,'.,i¢:;,~;i ,,~'r~,.,'~.,;. 54.1111 ANAHEIM shall contribute towards the monthly cost of health coverage to the various medical plans as follows: Employee Medical Plan not to exceed 110% of Kaiser monthly rate through June 30, 1994 All Other Health Plans not to exceed 100% of Kaiser monthly rate through I i':."C~?~',~- :'-...~; ",' ,'1,'. ,'",~~ '.:'. ,:.l:,'l i'4:.['l' j.~ -'.1", I'.'i.. ~',' ",O..:: ' ,..'i ;'," ,'.;." . ",'!"21'i:- ?'[t[il[~.'~I :'i'l,"..';. If'i, ~.'.:.". ~:i'?'.' .C ~... ~.['i'~, ;C;';' .~?~I.1~ ~,:' i[1.' · ~;1,,1:1,::." J ,",:'~J~.. I.' (. ;;'.."'t'~". [:' ,J',", ~-~,';,i ;i'i ¥-..O ":,;',, .,'~',,',! J'.:', ~'.".~," :;', ' :l,,,".""l ¢O~'-'rl'.'~,' fo;' ;l.:~ '.h..;:'. ,. 'l~ '.u : ,% \\ \JJJlIM {;' .~t,~'2l ::,~;~ ~G J:i'~ "i;'e (~'! ,;O1.-,.';'~ ~, J,ij~ % '.',,' '.;'.,' I':'..) ,'1 ",;'.: I.l't;l"l.!Jl..,~.'}~, I.i ;,':.'~ *~, ,'-~,: :.,.~ ~\ MII'[\I [ ,;:i}.,,;e,; ;",;q, rt'-vluct I}i,.. ,;;;, 0%'. ~?:',;,'; l'"'. 1.1',, ~,~,,. 'I;}: ,,iJ4."l; ~."I'O}I'I'L'I'.'. ~.:' ANAHEIM and the AFA agree to re open the provisions of Article 54.1 no later than April 30, 1994 with agrccd upon changes to bc cffcctivc July 1, 1994 through the rcmaindcr of the term of this Memorandum. CC1065BR.OT 54.112 The ,-,:._ ~i~:./:~:~::i~i.~!~ Medical Plan shall be described in a booklet which shall become a part of this Memorandum by reference. Changes recommended by the Joint Committee on Medical Programs and approved by the City Council shall also be~,ome part of this Memorandum by and the AFA agree that the Employee Medical Plan shall be replaced by ~[11 acceptable alle['nat/vc phm on or before January 1, 1907. 54.113 For all medical plans, married ANAHEIM employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married ANAHEIM employee couples covered by one plan shall pay no health insurance premium while both spouses are employed by .\x.\111 I'~1 I::,, ....' ';" ' .......".,' ' ' ''" .) ...... ~ ,,. .... . .....~.~ I;,'1¢,1: ~"d,, "' '~' "I' ' ~ 1),",.'~"!1%' .'i. :,),,i'). ,, t..,~ ....... ~. ' ] .... "' .,.,:u,., .la.:: rn i. 1997 \~;,;" : ' '""~" "' 12 .... '~'- "'~ ' ~:'.C ' .J~ ( ':)' . . . ~, .~ .... :' ',, . "~;~ 0'~,':~11" h) e ~..~'*. I.IC. '~?: i;'.l ...... j... ~..~, ~,l:. ;,h.".,~...", ,,h)..-~ :l- ~,',".~;: l)e,,J ~:1 St'c!'~'" ?-i.'l~ '~ . '" · {!' ~'~'. !'~ (' ~, :;~ '""""" 'I'~ 1, d"l'.~i ('0;'.' 'lTM, ,~i' ,,Iv'.....',,~-" }~' ', 0.,.' ,." ,~' ?': .; ~,l.,~,l.I I T.? '~,1 (..I"-'.', ,.'{,;i '~'~, O'1 .:v~, "- ,~:' C-'Y. 1'-' i.~.)~.~..'A',';:. 54.114 Proof of marriage will be required of all employees enrolled in any City Medical plan to enroll a dependent spouse. 54.115 The Master contract between ANAHEIM and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 54.116 The benefit schedules for the prepaid HMO health plans will not be modified unilaterally by ANAHEIM, except that each company may, from time to time, make revisions to master contract language or impose minor benefit modifications. If an imposed bcncfit modification rcsults in a monthly fcc increase, the cost sharing provisions of this Memorandum in effect on the date the fee increase is effective shall be applied to the ncw CC1065BR.OT ARTICLE 55 POST RETIREMENT MEDICAL BENEFITS 55.1 Regular, full-time employees in the classified service in classifications listed in Appendix "A", who are enrolled as a subscriber in an ANAHEIM sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any ..'\N,\III~IM sponsored hcallh (mcdical benel'its only) plan :rs a retiree. As ~ff Jarmary l, 1995, regular full-time employees in the cl:ts4fied .~ervice in classit'icalions listed in Appendix o1' separation from ANAl II.'.IM service and all rclire~', ,. 'a, 4e'.' ;:c:ixel5 ,'mp.oScd o,~ o:' phins ~hall also be eligible to particilmte in an~ AN.M II IM ~:',m,o:'.:d ce:'u,: p:~..~' ~:, a retiree. 55.11 Employees who retired prior to Janua~ 1, 1988, who were eligible for post retirement health benefits at the time of their separation from ~EIM se~ice and who maintain continuous membership in good standing shall pay monthly premiums in accordance with the following schedule: Single coverage 15.00 monthly Two party coverage 15.00 monthly Family coverage 45.00 monthly 55.12 ~e sumlying spouse of the retiree may continue coverage under the same terms and conditions. 55.13 Employees who were hired prior to Janua~ 1, 1984, and who retire on or after Janua~ 1, 1988, and prior to Janua~ 1, 1994, and who meet the requirements described below shall be eligible to participate in any 55.131 The employee must have completed at least five (5) years of continuous, full time AN~EIM se~ice on the date of retirement, and 55.132 ~e employee must have been awarded a retirement from the Pnblic Employees' Retirement System ("PERS") as the reason for separation from ~EIM seaice, and 55.133 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ~EIM seaice. CC1065BR.OT 55.134 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored hcalt5 i~i:~i~:t:i~:i~:.: plan elected by the employee up to the amount contributed by ANAHEIM towards the cost of the Employee Medical Plan Option I in the year prior to the employee's retirement. ,xx,x nZlXa .,hah c. om,-it,,tc to ,ards the premium costs of tiny ANA!II~IM sponsored dental plan elected by the employee up to the amount contributed by ANAIIEIM towards the cost of Ihe S, fCgLl~ rd Denial Plm~ in tim year prior to the cmployee's retirement. 55.13~ ~e sumlying spouse of the retiree may continue coverage under the same terms and conditions. 55.14 Employees who retire on or after Janua~ 1, 1988, and who meet the requirements described below shall be eligible to participate in any ~EIM sponsored health plan. 55.141 ~e employees must have completed at least ten (10) years of continuous, full time ~EIM se~ice on the date of retirement, and 55.142 ~e employee must have been awarded a retirement from PERS as the reason for separation from ~EIM se~ice, and 55.143 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ~EIM se~ice, OR 55.144 ~e employee must have been awarded a disability retirement (Ordina~ or Industrial) from PERS as the reason for separation from ~EIM se~ice. 55.145 ~EIM shall .... :~ .... towards the premium costs of the ~EIM sponsored ~ '::~>.~.~}?'~'~:~:~g}~:{~[~:~.~ plan:~ elected by the employee according to the following schedule: 55.1451 For Se~ice Retirements, the contribution:~ shall be a percentage of the annual Singlc or Two . ,,,y contributio~ made by ~EIM on behalf of active employees the percentage equal CC1065BR.OT to 1.2 times the Safety PERS retirement schedule, to a maximum contribution of 95% based on the employee's age and consecutive years of Anaheim service at the time of retirement. ANAHEIM service shall be calculated to the nearest complete one quarter year consistent with the provisions of Article 55.17. 55.14511 An employee who retires on or after January 1, 1993, may also use the seventy five percent (75%) portion of sick leave hours transferred to an employee's Sick Leave Trust Fund Account on December 19, 1980 to calculate additional ANAHEIM service credit. Such sick leave hours shall be converted to additional service credit in accordance with the service credit conversion formula used by the Public Employees Retirement System at date of retirement. The additional service credit shall be added to ANAHEIM service and then calculated to the nearest complete one quarter year. Additional ANAHEIM service credit received under this provision shall increase the contribution made by ANAHEIM up to a maximum of five percent (5%) above the benefit provided under Article 55.1451 to a maximum combined total contribution of 95%. 55.1452 For Disability Retirements, the contributio~ shall be a percentage of the annual Single or Two Part;,' contributioni~ made by ANAHEIM on behalf of active employees, the percentage equal to 2% for each year of service to a maximum contribution of 95% based on the employee's consecutive years of Anaheim service at the time of retirement. ANAHEIM service shall be calculated to the nearest complete one quarter year consistent with the provisions of Article 55.17. CC1065BR.OT 55.1453 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this Article, the employee shall receive the Service Retirement benefit. 55.1454 An employee who retires on or after January 1, 1994 and prior to December 31, 1995 may upon his/her request receive three years of additional ANAHEIM service credit. 55.146 The ANAHEIM contribution shall be based on the Two Party :,:~i:~i~ rate only for those employees who properly enroll a dependent spouse i~:.~:~:'~j~or other family members prior to retirement, and shall continue only as long as the retiree maintains coverage for such dependents in ANAHEIM sponsored health plans. Nothing in this Article shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 55.147 The full value of any MediCare credits provided to ANAHEIM or MediCare surcharges imposed on ANAHEIM by virtue of a retiree's participation or nonparticipation in MediCare shall be passed on to the retiree in the form of reduced or increased premium costs. 55.148 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. 55.15 Any employee who retires from ANAHEIM service and who is eligible to receive a benefit under this Article may elect either benefit at the time of retirement. Such election shall be irrevocable. 55.16 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under this Article: 55.161 Once cancelled for any reason, coverage shall not be reinstated. 55.162 ANAHEIM agrees to notify the AFA when coverage may be cancelled for nonpayment of fees. Coverage shall be cancelled for non payment of fees after three months in arrears. CC1065BR.OT 55.163 There shall be Coordination of Benefits where other insurance exists. 55.164 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. 55.165 Vision Care benefits provided under the Employee Medical plan are excluded from benefits for retired employees. 55.17 Employees who have completed five or more years of continuous full-time ANAHEIM service and who terminate employment with ANAHEIM and are subsequently reinstated within three years of their date of separation shall be credited with prior service for the purpose of calculating continuous full-time ANAHEIM service upon completion of all of the vesting requirements in Article 55.14. CC1065BR.OT