EXHIBIT A
Section 12. Vacation
12.2 Vacation Accrual Cap
The maximum annual carry-over of accrued vacation will be two hundred eighty (280) hours for forty (40) hours members and three hundred ninety-two (392) hours for shift members as of the last day of the pay period containing December 31 of each year (“maximum carryover”).
Bargaining unit members may accrue more than the maximum carryover (280/392 hours), but vacation hours in excess of the maximum carryover (“excess hours”) are not vested and may not be carried over into subsequent years.
During the month of December, bargaining unit members will have the opportunity to donate any excess hours to the City’s catastrophic leave bank.
Except as provided in 12.2(b), below, all bargaining unit members with excess hours as of the last day of the pay period containing December 31 will have their accruals adjusted to 280 hours or 392 hours for shift members.
The City Manager may approve additional accrual for special purposes.
12.3 During the month of December of each year, each bargaining unit member may make an irrevocable election to cash out the value of up to 80 hours for (40-hour) employees or 112 hours for shift (56-hour) employees as a contribution to the employee’s Retiree Medical Trust account established pursuant to section 13.9 below. This election shall be made by the first payroll period in December for the following year. Vacation balance following the cash out cannot be negative. The employee shall not have the option to receive a cash payout for the value of the accrued leave in lieu of making contributions to the Trust.
12.4 For every employee who is represented by the NCFO, the City shall, upon the employee’s separation from City service, irrevocably contribute to the employee’s Trust account on a pre-tax basis, an amount equal in value to 100% of the payments that would otherwise be paid to the employee for unused Vacation Leave. The employee shall not have the option to receive a cash payout for the value of the accrued Vacation Leave contributed to the Trust in lieu of making contributions to the Trust.
Section 13. Insurance
13.5 In lieu of coverage under a health plan provided by the City, a member who provides proof of coverage comparable to that provided by the City through a spouse or other source will be compensated by the City an in-lieu payment of five hundred dollars ($500) per month. Such payment will be transferred by the City to the employee’s Trust account as a component of regular payroll contributions to the Trust. The employee shall not have the option to receive a cash payout for the value of this payment in lieu of making contributions to the Trust. The member must complete a form provided by the City’s Finance Department. Reenrollment in a plan provided by the City other than during the annual open enrolment period will be permitted only in the event of a significant personal event (i.e., death of a spouse, divorce, loss of spousal coverage, etc.), and will be subject to the requirements of the health plan provider.
13.9 Retiree Medical Trust
13.9.1 The City acknowledges that NCFO has entered into an agreement with the Medical Expense Reimbursement Plan of the California Firefighters Benefit Trust (hereafter, the “Trust”). NCFO acknowledges that the City is not and shall not be responsible in any way for the solvency or insolvency of the Trust.
13.9.2 DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. Employees receiving contributions to the Trust, as set forth herein, consists of all employees represented by NCFO.
13.9.3 EMPLOYEE CONTRIBUTION AMOUNT. The City and the NCFO agree that beginning January 7, 2023 the City shall withhold a mandatory contribution of $400.00 per month (to be deducted over 24 pay periods) on a pre-tax basis from the pay of every employee in the Defined Class who is a member of the bargaining unit represented by the NCFO and shall transmit such contributions to the Trust pursuant to the requirements in Section 13.9.6 below. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.
13.9.4 EMPLOYER CONTRIBUTION AMOUNT. Beginning January 7, 2023, the City shall contribute an amount equivalent to 1.75% of the salary of the Step 5 Battalion Chief for each employee represented by NCFO on a pre-tax basis and shall transmit such contributions to the Trust pursuant to the requirements in Section 13.9.6 below. No employee in the Defined Class shall be permitted to opt-out of the City contribution or receive any portion of the City contribution in cash. For 2022, this City contribution shall be $269.75 per employee per month (to be paid over 24 pay periods).
13.9.4.1 For 2023, the City contribution shall be $278.52 per employee per month (to be paid over 24 pay periods).
13.9.4.2 For 2024, the City contribution shall be $286.18 per employee per month (to be paid over 24 pay periods).
13.9.4.3 The City acknowledges that the Trust will only permit level contributions across the bargaining unit and not a percentage of the individual employee’s salary. Therefore, for NCFO Deputy Chiefs, the City will contribute the difference between the City contribution(s) specified above and 1.75% of Step 5 Deputy Chief salary (i.e., $40.47 per month for 2022, $41.78 per month for 2023, $42.93 per month for 2024) to the employee’s 457(b) or existing RHS account.
13.9.5 SICK AND VACATION LEAVE TRANSFER. The City and the NCFO agree that the City will make mandatory transfers of Sick and Vacation Leave, on a pre-tax basis, to the Trust on behalf of every employee in the Defined Class as defined in the following Sections of this agreement:
Mandatory Accrued Vacation Leave Contribution (Annually). For the Defined Class, the City shall, make annual transfers of accrued Vacation Leave pursuant to Sections 12.2(a)3 and 12.3 of this agreement.
Mandatory Accrued Vacation Leave Contribution (at separation). For the Defined Class, the City shall, make transfers of accrued Vacation Leave pursuant to Section 12.4 of this agreement.
Mandatory Accrued Sick Leave Contribution (at separation). For the Defined Class, the City shall, make transfers of accrued Sick Leave pursuant to Section 15.4 of this agreement.
13.9.6 REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding, while the Trust remains available and only as long as NCFO remains in the Trust. Those contributions shall be remitted per pay period, in one aggregate ACH transfer directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee.
The Employer hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.
13.9.7 REPORTING TO THE TRUST OFFICE. The City shall electronically submit to the Trust Office a per pay period report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.
The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
13.9.8. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE AMOUNTS. The City and NCFO agree that the NCFO has the right, subject to approval of its members, to prospectively modify the amount of the mandatory employee monthly contribution (Section 13.9.3), or the percent of the mandatory employee leave contribution (Sections 12.4 and 15.3) during the course of this Agreement, so long as the modification is mandatory for all employees covered by this Agreement. Any such changes shall not impact employer contributions in any way.
Section 15. Sick Leave
15.1 Starting January 7, 2023, members shall accrue sick leave at the following rates:
40-hour members 81.7 hours per year
56-hour shift members114.40 hours per year
And for this annual reduction, the City shall pay each member $121.25/month to be deposited into the Trust monthly on their behalf.
15.2 Sick Leave Conversion
Effective the pay period beginning February 4, 2023, all NCFO members agree to a one-time payout for all (56 rate) hours above 600 and 428 for (40 rate) at the rate of one-hundred percent (100%) of the employee’s base hourly rate. After that, all hours will accumulate until separation when they will be subject to Section 15.3.
15.3 Sick Leave Conversion at Time of Retirement. Upon an eligible member’s retirement, the City shall deposit into each member’s Trust account fifty percent (50%) of that member’s remaining sick leave balance at the rate of one-hundred percent (100%) of the member’s base hourly rate at the time of retirement. The annual conversion of unused sick leave shall be prorated for the year in which the member retires and applied prior to this computation.
Members shall be entitled to convert the remaining balance (50%) of unused accumulated sick leave hours to retirement service credits.
15.4 Sick leave Conversion to Retiree Health Savings Account (RHSA) for Calendar Year 2022 Calendar Year 2022 Annual Sick Leave Conversion and Contribution. This program will be discontinued after calendar year 2022, pursuant to section 15.1.
15.4.1 Sick Leave Conversion to RHSA.
(a) The sick leave conversion to an RHSA defined contribution is mandatory for (1) all members in the classification of Division Chief; (2) all members in the classification of Battalion Chief who, as of July 1, 2010, have not achieved the minimum age 50 for CalPERS retirement, as set forth in California Government Code section 21060(a); and (3) all newly hired members or new members who are promoted into NCFO. Members who do not meet the eligibility criteria are not eligible for the sick leave conversion contributions.
(b) Annual Sick Leave Conversion and Contribution - 56-hour workweek. Eligible members assigned to a 56- hour workweek must have a minimum of 270 hours to qualify for the annual conversion as of December 31 of the previous year. (1) For members who are projected to retire between July 1, 2009 and June 30, 2029, the contribution amount shall be computed as follows: Total hours of unused sick leave for that year, minus 48, times the member's base hourly rate in effect on December 31 of the previous year. (2) For members who are projected to retire after June 30, 2029 and on or before June 30, 2034 the contribution amount shall be computed by adding the following two calculations:
• Total hours of unused sick leave for that year, minus 88, times the member's base hourly rate in effect on December 31 of the previous year.
• Total remaining hours of unused sick leave for that year, minus 48, times seventy-five percent (75%) of the member's base hourly rate in effect on December 31 of the previous year.
(3) For members who are hired after July 1, 2009 or projected to retire after June 30, 2034, the contribution amount shall be computed by adding the following two calculations:
• Total hours of unused sick leave for that year, minus 88, times the member's base hourly rate in effect on December 31 of the previous year.
• Total remaining hours of unused sick leave for that year, minus 48, times fifty percent (50%) of the member's base hourly rate in effect on December 31 of the previous year.
(c) Annual Sick Leave Conversion and Contribution - 40-hour workweek. Eligible members assigned to a forty-hour workweek must have a minimum of 192 hours to qualify for the annual conversion as of December 31 of the previous year. (1) For members who are projected to retire between July 1, 2009 and June 30, 2029, the contribution amount shall be computed as follows: Total City of Napa and NCFO MOU 11 January 1, 2022 - December 31, 2024 hours of unused sick leave for that year, minus 32, times the member's base hourly rate in effect on December 31 of the previous year. (2) For members who are projected to retire after June 30, 2029 and on or before June 30, 2034 the contribution amount shall be computed by adding the following two calculations:
• Total hours of unused sick leave for that year, minus 64, times the member's base hourly rate in effect on December 31 of the previous year.
• Total remaining hours of unused sick leave for that year, minus 32, times seventy-five percent (75%) of the member's base hourly rate in effect on December 31 of the previous year.
(3) For members who are hired after July 1, 2009 or projected to retire after June 30, 2034, the contribution amount shall be computed by adding the following two calculations:
• Total hours of unused sick leave for that year, minus 64, times the member's base hourly rate in effect on December 31 of the previous year.
• Total remaining hours of unused sick leave for that year, minus 32, times fifty percent (50%) of the member's base hourly rate in effect on December 31 of the previous year.
City of Napa and NCFO MOU Amendment No. 115 January 1, 2022 – December 31, 2024