2023 AMSP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
TERM
• July 1, 2023 – June 30, 2026
WAGES
• Fiscal Year 2023-2024
6.00% general wage increase effec tive the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session .
Effective the first full pay perio d in Fiscal Year 202 3-2024 following union ratification and Council approval in open session, all salary ranges for employees holding positions in classifications assigned to AMSP shall be incre ased by approximately 6.00%.
o In lieu of retroactivity, employ ees represented by AMSP shall receive a one-time, non -pensionable lump sum payment based on their benefit level as follows:
Benefit Level Amount of One-Time
Non-Pensionable
Lump Sum Payment
35.00+ Hour Benefit Level $1,770.00
30.00 – 34.00 Hour Benefit Level $1,326.00
25.00 – 29.00 Hour Benefit Level $1,110.00
20.00 – 24.00 Hour Benefit Level $885.00
Part-Time Unbenefited Employees $442.50
To receive this lump sum payment as a benefited employee, the employee must (1) have been employed by the City on June 25, 2023, and (2) must be employed as of the date the payment is made. To receive this lump sum payment as a part -time unbenefited employee, the employee (1) must have been employed by the City on June 25, 2023, (2) must have worked at least 100 hou rs of re gular time between June 25, 2023, and September 2, 2023, and (3) must be employed as of the date the payment is made. This payment shall be made during second full pay period following Council approval in open session.
o Effective the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session, a classification salary adjustment will be made for t he following classifications in the following amounts. All salary ranges for employees holding positi ons i n th e classifications shown below shall be increased by the percen tage indicated below.
Classification Classification
Salary Adjustment
Supervising Park Ranger (2425) 5.00%
• Fiscal Year 2024-2025
4.00% general w age increase effec tive the f irst ful l pa y period of Fiscal Year 2024-2025. Effective the first full pay period of Fiscal Year 2024-2025, all salary Attachment B
2023 AMSP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
ranges for employees holding positions in classifications assigned to AMSP shall be increased by approximately 4.00%.
1.00% general wage increase effective the first full pa y period in January 202 5.
Effective the first full pay period in January 2025, all salary ranges for employees holding positio ns in classifications assigned to AMSP shall be inc reased by approximately 1.00%.
• Fiscal Year 2025-2026
3.50% general wa ge increase effec tive the f irst full pa y period of Fiscal Year 2025-2026. Effective the first full pay period of Fiscal Year 2025-2026, all salary ranges for employees holding positions in classifications assigned to AMSP shall be increased by approximately 3.50%.
If the revised 5 -Year Forecast included as part of the 2025-2026 Proposed Operating Budget in cludes a $10 million dollar s urplus or more in Fiscal Year 2025-2026, the general wage increase effective the first full pay period of Fiscal Year 202 5-2026, for employees holding positions in classifications assigned to AMSP shall be 4.00%.
WAGES AND SPECIAL PAY
• Bilingual Pay (See Attached)
• Shift Differential (See Attached)
BENEFITS
• Health-In-Lieu (See Attached)
LEAVES
• Paid Parental Leave (See Attached)
• Vacation Sell Back (See Attached)
PROFESSIONAL DEVELOPMENT PROGRAM
• Professional Development Program (See Attached)
OTHER
• Overpayments of Compensation (See Attached)
• Period of Memorandum of Agreement (See Attached)
• Definition of the Market (See Attached)
• Airport Operations Supervisor (See Attached)
HOUSEKEEPING
• City Healthcare Program (See Attached)
2023 AMSP NEGOTIATIONS
TENTATIVE AGREEMENT
SIDE LETTERS
e Lunar New Year (See Attached)
e Flexible Workplace Policy (See Attached)
e Special Classification Salary Surveys (See Attached)
TENTATIVE AGREEMENTS
Housekeeping — Sick Leave
Bereavement Leave
Article 8 Leaves — 8.1.3
Protective Footwear
Manager on Duty Premium Pay
OTHER TERMS
Maintenance in Membership and Union Dues
Unit Designation of Assistant Arborist Classification
*This agreement is considered tentative and shall not be considered final or binding until a final agreement on all terms has been reach and both ratified by union members and approved by City Council.
FOR THE CITY:
Jennifer Schembri Date
Director of Employee Relations
Director of Human Resources
Elsa Cordova Date
Assistant to the City Manager, OER
FOR THE UNION:
WL 8/5/23
Liz Kamya Date
Business Representative, IFPTE
De esehs 72
prestemcanse | Ce
City of San José
August 15, 2023
8/15/23
8/15/23
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS 7(17$7,9($*5((0(17
City of San José
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CITY PROPOSAL TO AEA, AMSP, AND CAMP – WAGES AND SPECIAL PAY City Proposed Language:
ARTICLE 10 WAGES AND SPECIAL PAY
10.X Bilingual Pay
10.X.1 To be eligible for a bilingual premium pay, Aan employee must meet at least one of the following eligibility requirements and must be certified as bilingual for oral co mmunication, writte n translation or sign language duties according to the current established procedure.
10.X.1.1 The employee is currently assigned to a position selectively certified based on bilingual ability by the Director of Human Resources, or his/her designee, or
10.X.1.2 The duties currently assigned and currently being performed by an employee have been designated by
the Department Director or his/her designee as
requiring utilization of a non-English language on a
regular basis.
Each department is responsible for ensuring that employees receiving a bilingual pay premium pay meet the requirements set forth herein.
10.X.2 Each full-time em ployee who meets the above eligibility requirements shall be compensated for performing oral
communication,o r sign language duties , at the rate of $29.00 per biweekly pay period and for performing written translation duties at the rate of $ 4060.00 per biweekly pay peri od for each pay period actually worked.
10.X.3 Each part-time benefited employee who meets the above eligibility requirements shall be compensated for performing oral
communication,o r sign language duties , at the rate of $19.00 per biweekly pay period and for performing written translation duties at the rate of $ 3050.00 per biweekly pay peri od for each pay period actually worked.
10.X.4 Each part-time unbenefited employee who meets the above eligibility requirements shall be compensated for performing oral communication, sign language duti es, and written tr anslation duties at the rate of $0.50 per hour.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS City of San José
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10.X.5 If an eligible employee is on pa id leave for a period of one full pay period or more, the employee will not receive bilingual pay for that period.
10.X.6 If an employee who receives bilingual pay refuses to provide interpretation or translation services for which they are certified, the employee shall no longer be eligible to receive bilingual pay. This determination shall be made by the City Manager or designee in consultation with the Department Director.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO AMSP – SHIFT DIFFERENTIAL
City Proposed Language:
ARTICLE 10 WAGES AND SPECIAL PAY
10.5 Shift Differential Eligible employees, as defined herein, regularly assigned to work a swing shift shall be paid a Shift Differential of $1.502.25 per hour for each eligible hour, as defined herein, to the nearest fifteen (15) minutes, of work performed. Eligible employees, as defined herein, regularly assigned to work a graveyard shift shall be paid a shift differential of $2.50 per hour, as defined herein, to the nearest fifteen (15) minutes, of work performed.
10.5.1 To be eligible for payment of Shift Differential, an employee must be assigned to an on-going, regular shift of eight (8) hours or more which is regularly scheduled to start between the hours of:
x 2:00 p.m. and 11:59 p.m. (i.e. swing shift)
x 12:00 midnight and 5:59 a.m. (i.e. graveyard shift)
If the employee’s shift s tarts within the time period defined above, the employee shall be compensated with Shift
Differential for the number of hours actually worked.
10.5.2 Employees Assigned to a Twelve (12) Hour Shift at the Regional Wastewater Facility. Employees in AMSP-
represented classifications at t he Regional Wastewater Facility whose ongoing regular shift of eight (8) hours or more is a regularly scheduled day shift of 6:00am to 6:00pm shall be eligible for a Shift Differential of $ 1.502.25 per hour for each hour, to the nearest fifteen (15) m inutes, actually worked by the employee between the hours of 2:00pm and 6:00pm.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS 7(17$7,9($*5((0(17
City of San José
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CITY COUNTERPROPOSAL TO AEA, AMSP, AND CAMP – PAYMENT IN-
LIEU OF HEALTH AND DENTAL INSURANCE
City Proposed Language:
11.3 Payment In-Lieu of Health and Dental Insurance
11.3.1 The purpose of the payment-in-lieu of health and/or dental insurance program is to allow employees who have double health and/or dental insurance coverage to drop the City's insurance and receive a payment-in-lieu. Effective January 1, 2016, payment-in- lieu of health and/or dental insurance will have a 4-tier structure (Employee, Employee plus Spouse/Domestic Partner, Employee plus Child(ren) and Family). The pay ment-in-lieu amounts will be adjusted effective the first pay period in payroll calendar year 2016, which starts December 20, 2015 . Effective as soon as practicable in Fiscal Year 2023-20 24, following union ratification and Council approval in open session, the payment in lieu amount for employee only will be adjust ed as provided for in section
11.3.2. 11.3.2 Employees who qualify for and participate in the payment in-lieu of health and/or dental insurance program will receive the following per pay period:
Health Insurance Tier Health-in-Lieu Dental-in-Lieu
Employee $89.09
$102.00
$6.65
Employee plus
Spouse/Domestic Partner
$147.87 $13.30
Employee plus Child(ren) $129.39 $11.64
Family $221.84 $19.95
A City employee who receives health and/or dental coverage as a dependent of another City employee or retiree shall be eligible for the employee only coverage for the payment-in-lieu of health and/or dental program.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY COUNTERPROPOSAL TO AEA, AMSP, AND CAMP – CITY-PAID
PARENTAL LEAVE
City Proposed Language:
ARTICLE 8 LEAVES
8.X City-Paid Parental Leave. Effective the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session, the Paid-Parental Leave Program will become permanent and will be incorporated into the City’s Administrative Policy Manual.
Effective the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session, for eligible births, adoptions, or foster care placements, full-time employees will receive a maximum total of three hundred and twenty (320) hours of paid time off and shall be eligible to use up to a maximum total of one-hundred and twenty (120) hours of their availab le sick leave for City-Paid Parental Leave reasons.
x For the period of January 1, 2023 through the effective date of this agreement, no retroactive timecard adjustments will be allowable and any additional City-paid pare ntal leave hours as provided for herein may only be used on a prospective basis.
City-Paid Parental Leave and the use of available sick leave balances for City-Paid Parental Leave reasons must be used and completed no later than 12 months from the birth or placement of a child.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL TO AMSP – VACATION SELL BACK
City Proposed Language:
ARTICLE 8 LEAVES
8.2.2.1 Effective calendar year 2016, employees may sell back up to a maximum of forty (40) hours of accrued vacation per calendar year.
8.2.2.12 Beginning calendar year 2019, employees may sell back up to a maximum of sixty (60) hours of accrued vacation.
8.2.2.23 Beginning calendar year 2024, employees may sell back up to a maximum of seventy (70) hours of accrued vacation.
8.2.2.3 Internal Revenue Service (IRS) regulations require the City to report and withhold taxes on the va lue of the vacation time an employee is eligible to sell ba ck. In order to ensure compliance with the IRS requirements and to avoid unanticipated tax consequences.
8.2.2.4 Employees must elect the number of vacation hours they will sell back during a calendar year, up to the maximum of sixty seventy (6070) hours, by the end of November of the prior year.
If an employee does not submit an irrevocable election form to Payroll on or before the end of November, the employee will not be eligible to sell back any vacation hours during the next calendar year.
8.2.2.5 The election to sell back vacation hours in any year is irrevocable. This means that employees must sell back the elected number of accrued vacation hours during that year. If the accrued vacation hours are not sold back within the designated calendar year the employee will be deemed to have received the value of the vacation hours elected in that calendar year and will be taxed by the IRS accordingly.
8.2.2.6 Employees can elect to sell back only vacation hours accrued during any given year, and any vacation hours accrued and carried over prior to that year are not eligible for sell back during that year.
8.2.2.7 Any vacation hours accrued during that year will not be available for use until the employee’s accrued vacation hours in that year equal the number of hours the employee has elected 2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
to sell back. Those vacation hours accrued in the given year over the number of hours the em ployee elected to sell back in the given year will be available for use by the employee. This means that hours elected for sell back may only be used for sell back purposes and cannot be used for vacation time off
purposes.
8.2.2.8 Employees may use any vacation hours accrued and carried over prior to the given year, subject to the normal rules of requesting use of vacation.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS 7(17$7,9($*5((0(17
City of San José
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CITY COUNTERPROPOSAL TO AEA, AMSP, AND CAMP – PROFESSIONAL
DEVELOPMENT PROGRAM
City Proposed Language:
ARTICLE 11 BENEFITS
(Section 11.6 AEA. Section 11.7 AMSP and CAMP – Current Maximum for AMSP is $1,000 per fiscal year)
11.6 Professional Development Program The City will reimburse each full-time employee 100% of eligible expenses incurred, up to $ 1,500.002,500.00 per fiscal year, pursuant to the terms and conditions of the Professional Development Program for employees represented by AEA, IFPTE, Local 21 as described in the City Policy Manual’s Professional Development Program.
11.6.1 A total of $ 500 1,000.00 (of the $ 1,5002,500.00 annual maximum) may be reimbursed for professional materials pursuant to the terms and conditions of the Professional Development Program for employees represented by AEA, IFPTE, Local 21 as described in the City Policy Manual’s Professional Development Program, provided that the materials relate to and are beneficial for the work of the employee’s current City position or occupation or are required of the employee’s current City position or occupation.
11.6.2 The City will reimburse each eligible part-time benefited employee one- hundred percent (100%) of expenses incurred, up to the maximum amounts per fiscal year listed below, pursuant to the terms and conditions of the Professional Development Program for employees represented by AEA, IFPTE, Local 21 as described in the City Policy Manual’s Professional Development Program.
Scheduled Work Hours
per Week
Maximum
Reimbursement for Part-
Time Benefited
Employees
Maximum
Reimbursement for
Professional Materials
35-39.9 hours per week $ 1,500.002,500.00 $500.001,000.00 30-34.9 hours per week $ 1,125.001,875.00 $375.00750.00 25-29.9 hours per week $ 937.501,562.50 $312.50625.00
20-24.9 hours per week $ 750.001,250.00 $250.00500.00
Less than 20 hours
per week
$0.00 $0.00
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CITY COUNTERPROPOSAL TO AEA, AMSP, AND CAMP –
OVERPAYMENTS OF COMPENSATION
City Proposed Language:
ARTICLE XX OVERPAYMENTS OF COMPENSATION
When the City determines an overpayment has been made to an employee, it shall notify the employee of the overpayment and afford the employee an opportunity to respond prior to commenc ing recoupment actions. The City will endeavor to reach mutual agreement with the employee regarding repayment terms, which may be in lump sum cash pa yment(s) or installment(s) through payroll deduction(s). Absent mutual agreement on a method of reimbursement within 30 days, the City shall proceed with recoupment via Payroll deductions over a number of pay periods equivalent to the term of overpayment, unless the maximum deduction per pay period is insufficient to repay the balance of the overpayment. In this case, the payment s shall continue for as many pay periods is necessary to repay the balance of the overpayment. In no event shall amounts deducted from payment of salary or wages exceed 15% of the employee ’s net disposable earnings.
xx.x An employee who separates from City employment prior to full repayment of the amount owed to the City shall have any money owed to the City withheld from their final paycheck(s). If the amount of money owed upon separation is insufficient to provide full reimbursement to the City, the City shall have the right to exercise any and all other legal means to recover the additional amount owed.
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CITY PROPOSAL TO AEA, AMSP, AND CAMP – PERIOD OF
MEMORANDUM OF AGREEMENT
City Proposed Language:
ARTICLE 2 PERIOD OF MEMORANDUM OF AGREEMENT
This Agreement shall become effective July 1, 20212023, except where otherwise provided, and shall remain in effect through June 30, 202320XX. No amendment or change to the provisions of this Agreement shall be valid or binding unless reduced to writing and signed by duly authorized representative(s) of the parties.
It is mutually agreed that the first meeting of the parties will be held scheduled no later than fifteen (15) calendar days after the City or Union receives notice from the other, which may be any date after January 1 of the year in which the current contract terminates. This notice must be made in writing, must specifically include a request to commence bargaining, and must include proposed dates for the meeting.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
August 15, 2023
CITY PROPOSAL TO AEA, AMSP, AND CAMP – DEFINITION OF THE MARKET
City Proposed Language:
ARTICLE 10 WAGES AND SPECIAL PAY
10.X Definition of the Market. Compara ble classifications in cities and counties in Santa Clara, San Mateo, Contra Costa, San Francisco, and Alameda Counties serving populations of 100,000 or more will be used to compare against City classifications. Population figures will be based on data from the U.S. Census Bureau.
10.X.1 Compensation information from the private sector will be gathered from existing published sources and will be used to supplement public sector data as deemed appropriate by the City.
10.X.2 Based on the April 1, 2020, U.S. Census Bureau, 2020 Census of Population, the following agencies currently meet the definition of the market:
10.X.3 When conducting a salary survey, if less than six (6) classification matches are available, the City may utilize classifications at jurisdictions outside of those listed in Article 10.X.2, which may include special districts, as appropriate and will obtain feedback from the Union in these cases.
10.X.4 If the Union believes that a long-term vacancy issue exists in an IFPTE-represented classification, the Union may request information and/or raise these matters for discussion at a Labor Management Committee meeting.
Alameda County Berkeley
ConcordMilpitas Contra Costa County
Daly City Fremont
Hayward Oakland
San Francisco City/County San Mateo County
Santa Clara (City) Santa Clara County
Sunnyvale RichmondMountain View
Antioch San Mateo (City)
2023 CITY OF SAN JOSÉ – AMSP NEGOTIATIONS
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CITY COUNTERPROPOSAL – WAGES AND SPECIAL PAY
City Proposed Language:
ARTICLE 10 WAGES AND SPECIAL PAY
10.10 Full-time employees in the flexibly staffed Airport Operations Supervisor classification in the Airport Department shall work either a straight eight (8) hour shift without an unpaid lunch five (5) days a week or a straight ten (10) hour shift without an unpaid lunch four (4) days a week.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS 7(17$7,9($*5((0(17
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CITY PROPOSAL TO AEA, AMSP, AND CAMP – HOUSEKEEPING ON CITY
HEALTHCARE PROGRAM
The changes below are to incorporate the terms of the Side Letter Agreement dated July 11, 2018, and signed by AEA on July 11, 2018, AMSP on August 7, 2018, and CAMP on July 11, 2018, related to the City Healthcare Program.
City Proposed Language:
ARTICLE 11 BENEFITS
11.1 Health Insurance
11.1.1 The City will provide health coverage for eligible full-time employees and their dependents in accordance with one of the available plans.
All available plans have a 4-tier rate structure (Employee, Employee plus spouse/domestic partner, Employee plus Child(ren) and Family).
11.1.2 Medical Insurance Provider with the Second Highest Overall Employee Enrollment . The City pays eighty-fiveninety percent (90%) of the cost of the lowest priced Non-Deductible HMO plan for the employee or the employee and dependent coverage and the employee pays fifteen percent (15%) of the premium for the lowest priced Non-Deductible HMO plan. If the employee selects a plan other than the lowest priced Non-Deductible HMO plan, the employee pays the difference between the total cost of the selected plan and the City’s contribution toward the lowest priced Non - Deductible HMO plan . Co-Pay Plan of the medical insurance provider with the second highest overall employee enrollment for the employee or the employee an d dependent coverage, and the employee pays ten percent (10%) of the full premium cost of the lowest priced Non-Deductible Co-Pay Plan of the medical insurance provider with the second highest overall employee enrollment
11.1.3 Any deductible plans offered by the medical insurance provider with the second highest overall employee enrollment and whose cost is below ninety percent (90%) of the full premium cost of the lowest priced Non-Deductible HMO Co-Pay Plan will be offered to full-time employees at no cost.
11.1.4 Additional information regarding me dical plans is available on the Human Resources website. Medical Insurance Provider with the Highest Overall Employee Enrollment. The City will pay eighty- five percent (85%) of the full premium cost of the lowest priced Non- Deductible HMO Co-Pay Plan of the medical insurance provider with the highest overall employee enrollment for the employee or the employee and dependent coverage, and the employee pays fifteen percent (15%) of the full premium cost of the lowest priced 2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS City of San José
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Non-Deductible Co-Pay Plan of th e medical insurance provider with the highest overall employee enrollment.
11.1.4 If the employee selects a plan other than the lowest priced Non- Deductible HMO Co-Pay Plan, the employee pays the difference between the total cost of the selected plan and the City’s contribution toward the lowest priced Non-Deductible HMO Co-Pay Plan.
11.1. 5 An employee may not be simultaneo usly covered by City-provided medical benefits as a City employee and as a dependent of another City employee or retiree.
11.1.6 Default Healthcare Plan. New full-time employees and current employees not previously eligible to receive benefits who are hired into a full-time benefits eligible position and who do not sign up for a healthcare plan within thirty (30) calendar days from their hire date, will be automatically enrolled in the lowest cost HMO Deductible plan offered by the medical insurance provider with the second highest overall employee enrollment at the time the employee is automatically enrolled.
11.2 Dental Insurance.
11.2.1 The City will provide offer dental coverage for eligible full-time employees and their dependents. As of the date of this agreement the plans include an indemnity a PPO plan and a DHMO plan.
These plans are described in the City of San Jose Employee Benefits Handbook available on the City’s website and in pamphlets available in the Human Resources Department. All available plans have a 4-tier rate structure (Employee, Employee plus
spouse/domestic partner, Employee plus Child(ren) and Family).
11.2.2 The City will provide dental covera ge in the lowest priced plan for eligible full time employees and their dependents. If an employee selects a plan other than the lowest priced plan, the City will pay ninety-five percent (95%) of the full premium cost for the selected dental coverage for eligible full time employees and their dependents and the employee shall pay five percent (5%) of the full premium cost for the selected plan. As of the date of this Agreement the plans include an indemnity plan and a DHMO plan. These plans are described in the City of San Jose Employee Benefits Handbook and in pamphlets available in the Human Resources Department.
11.2.3 Each eligible, full-time employee and dependents shall receive Orthodontia coverage in the Delta Dental Plans; the PPO plan must be medically necessary and has a lifetime maximum amount of $2,000, the DHMO plan will include a copayment of $1,000, and orthodontia coverage (both medically and non-medically necessary) is limited to once per eligible member per lifetime.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS City of San José
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11.2.4 Retirees who meet the eligibility requirements defined in Ordinance No. 22261 amending Sections 3.24, Part 24, and 3.28, Part 17, Title 3 of the San José Municipal Code are entitled to dental insurance coverage as a benefit of the Federated Retirement System.
11.2.5 An employee may not be simultaneously covered by City-provided dental benefits as a City employee and as a dependent of another City employee or retiree.
11.2.6 The City will use actual rather than blended premium.
11.3 Payment-in-Lieu of Heal th and Dental Insurance
11.3.1 The purpose of the payment-in -lieu of health and/or dental insurance program is to allow em ployees who have double health and/or dental insurance coverage to drop the City's insurance and receive a payment-in-lieu. Effective January 1, 2016, payment-in- lieu of health and/or dental insurance will have a 4-tier structure (Employee, Employee plus Spou se/Domestic Partner, Employee plus Child(ren), and Family). The payment-in-lieu amounts will be adjusted effective the first pay peri od in payroll calendar year 2016, which starts December 20, 2015.
11.3.2 Employees who qualify for and participate in the payment-in-lieu health and/or dental insurance program will receive the following per pay period:
Health Insurance Tier Health-in-Lieu Dental-in-Lieu
Employee $89.09 $6.65
Employee plus Spouse/Domestic Partner $147.87 $13.30
Employee plus Child(ren) $129.39 $11.64
Family $221.84 $19.95
A City employee who receives health and/or dental coverage as a dependent of another City employee or retiree shall be eligible for the employee only coverage for the payment-in-lieu of health and/or dental program.
11.3.3 The payment-in-lieu of health and/or dental insurance program is available to full-time employees who are not on a reduced workweek of less than thirty-five (35) regular work hours per week or unpaid leave and have altern ate group health and/or dental coverage. To qualify, an a new employee must attest that the employee and all covered dependents have or will have minimum essential coverage under an alte rnative group medical/dental plan and an employee who has a life qualifying event must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City.
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS City of San José
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11.3.4 Enrollment in the payment-in-lieu of health and/or dental insurance program can only be done during the first thirty (30) days of employment, during the annual op en enrollment period or within thirty (30) days of a qualifying event as defined in the Human Resources Benefits Handbook, occurring anytime during the year.
Employees who miss the thirty (30)-d ay time limit after a qualifying event must wait until the next open enrollment period to enroll in the payment-in-lieu of insurance progra m. Enrollment in the payment- in-lieu of insurance program may be canceled by the employee only during the annual open enrollme nt period unless the employee loses alternate group coverage. Enrollment or cancellation during the open enrollment period will become effective the first pay period of the following calendar year.
11.3.5 Payments for the in-lieu insurance program will be discontinued if an employee becomes ineligible for the program. An employee’s ineligible status would include bu t not be limited to the following situations, employment status changes from full to part-time, employee is on an unpaid leave of absence, employee is on a reduced work week of less than thir ty-five (35) regular work hours per week, or employee loses or does not have alternate insurance coverage. An employee whose in-lieu payments are discontinued may enroll, if eligible, in a health and/or dental plan during the next annual open enrollment period.
11.3.6 If an employee loses alternate co verage, the employee may enroll in a City health and/or dental plan outside of the open enrollment period. To be eligible the employee must provide verification that alternate coverage has been lost.
11.3.6.1 Health Insurance. To enroll in a City health insurance plan following loss of alternate coverage, the employee must pay all unpaid premiums (City and employee
contributions) and refund an y excess in-lieu-payments
required to make the coverage effective on the date
when alternate coverage ceased. Re-enrollment in the
plan shall be in accordance with the carriers'
enrollment procedures.
11.3.6.2 Dental Insurance. Enrollment in a City dental
insurance plan following loss of alternate coverage will become effective the first of the month following
payment of two dental premiums through the City’s
payroll process. Re-enrollment in the dental insurance plan shall not be retroactive. To enroll in a City dental insurance plan following the loss of alternate coverage, the employee must pay all unpaid premiums (City and
employee contributions) and refund any excess in-lieu
payments required to make the coverage effective on
the date when alternate coverage ceased. Re-
2023 CITY OF SAN JOSÉ – AEA, AMSP, AND CAMP NEGOTIATIONS City of San José
$XJXVW, 2023
enrollment in the plan shall be in accordance with the
carrier’s enrollment procedures.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
ASSOCIATION OF MAINTENANCE SUPERVISORY PERSONNEL (AMSP), IFPTE, LOCAL 21
LUNAR NEW YEAR
City of San José
August 15, 2023
The City and AMSP agree that the following will become effective as soon as practicable once this can be implemented for all City employees:
Lunar New Year shall be observed in accordance with the State of California’s holiday schedule and New Year’s Eve Day shall no longer be a City-observed holiday. The following changes will also be implemented at the time the holiday change is implemented:
ARTICLE 8 LEAVES
8.5 Personal Leave Each full-time employee shall be entitled to an additional eight (8) hours of personal leave hours which is granted in recognition that City employees may wish to observe a personal holiday that is not observed by the City. Each eligible full time employee is entitled to sixteentwenty-four ( 1624) hours of Personal Leave per payroll calendar year. Eligible employees hired on or after July 1 st shall be entitled to eight twelve (812) hours of Personal Leave in the first payroll calendar year of employment.
Part Time: Each benefitted part-time employee shall be entitled to eight twelve (812) hours of Personal Leave per payroll calendar year. Eligible part-time employees hired on or after July 1 sh all be entitled to four six (46) hours of Personal Leave in the first payroll calendar year of employment.
Unused leave for both full-time and part-tim e employees does not carry over from year to year.
8.5.1 Effective the first pay period of payroll calendar year 2022, an An employee on a reduced work week schedule will re ceive personal leave as indicated in the chart below, even if the actu al hours worked exceed that amount.
Scheduled Work Hours
per Week
Benefit Level Hours of
Executive Leave
35-39.9 hours per week 100% 1624 hours
30-34.9 hours per week 75% 1218 hours
25-29.9 hours per week 62.5% 1015 hours
20-24.9 hours per week 50% 812 hours
Less than 20 hours per week Unbenefited None
8.5.2 Effective the first pay period of payroll calendar year 2022, aAn employee who is promoted into an AMSP-represented classification will have the number of Personal Leave hours they receive upon promotion reduced on an hour-for- hour basis based on their usage of Personal Leave and/or Executive Leave within the same payroll calendar year.
8.5.3 Effective the first pay period of payroll calendar year 2022, aAn employee who is demoted into an AMSP-represented classification will have the number of Personal Leave hours they receive upon demotion reduced on an hour-for- hour basis based on their usage of Executive Leave within the same payroll calendar year.
FOR THE CITY: FOR THE UNION:
Meth $s /23
Jennifer Schembri Date Elizabeth Kamya Date
Director of Employee Relations Business Representative
Director of Human Resources IFPTE, Local 21
KH (os plist: 23 Rw CO)
City of San José
August 15, 2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE ASSOCIATION OF ENGINEERS AND ARCHITECTS (AEA), IFPTE, LOCAL 21, THE ASSOCIATION OF MAINTENANCE SUPERVISORY PERSONNEL (AMSP), IFPTE, LOCAL 21, AND THE CITY ASSOCIATION OF MANAGEMENT PERSONNEL (CAMP), IFPTE, LOCAL 21 Flexible Workplace Policy
The City has a Flexible Workplace Policy, which governs the rules and procedures regarding approving remote work agreements between the City and employees. This policy has been part of the City Administrative Policy Manual since July 13, 2015. The parties agree to add the following language to the policy:
lf an employee’s_ Flexible Workplace Agreement _is_ revoked due to previously communicated performance concerns, the department shall provide the employee with written performance targets. The employee’s performance shall be evaluated over a period of 90 days following the revocation of the Flexible Workplace Agreement. If the employee has consistently met the performance targets provided by the department over the period of 90 days, then the employee shall be eligible to resume their previously agreed to Flexible Workplace Agreement, absent any operational needs from_the department.
The parties also agree that the City Administrative Policy Manual, Section 4.2.14, Flexible Workplace Policy shall remain in effect through the expiration of the successor memoranda of agreement between the City and AEA, AMSP, and CAMP.
This Agreement is considered part of the tentative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by the union, and approved by the City Council in open session.
FOR THE CITY: FOR THE UNION:
fle -K 3/\5/2%
Jennifer Schembri Date Elizabeth Kamya Date
Director of Employee Relations Business Representative
Director of Human Resources IFPTE, Local 21
Elsa Cordova Date Florin Lapustea Date
Assistant to the City Manager
. ; President, AEA
City of San José <4 glislzz
Tesi Daiee \ () Date
President, AMSP
Julie Jennings Date
President, CAMP
City of San José
August 15, 2023
8/15/2023
8/15/2023
8/15/2023
8/15/2023
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE ASSOCIATION OF MAINTENANCE SUPERVISORY PERSONNEL (AMSP), IFPTE, LOCAL 21 Special Classification Salary Surveys
The City of San José (City) and the Association of Maintenance Personnel (AMSP) agree that the City will conduct salary surveys for the following classifications utilizing the definition of market as agreed to as part of the overall tentative agreement for a successor MOA, provided that they are experiencing recruitment and retention issues:
Automotive Equipment Specialist
Building Maintenance Superintendent
Maintenance Superintendent
Parking & Traffic Control Supervisor
Trades Supervisor
Air Conditioning Supervisor
It is the goal of the City and AMSP for these salary surveys to be completed within 6 months following a tentative agreement between the parties. Following this review, the City agrees to discuss with AMSP the results of the surveys, including potential wage adjustments recommended as a result of the survey. Any potential wage adjustments shall be dependent on available budgetary funding at that time.
This shall not be construed as an agreement to provide wage adjustments for the classifications noted above.
This Agreement is considered part of the tentative agreement for a successor MOA between the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by the union and approved by the City Council in open session.
FOR THE CITY: FOR THE UNION:
Men B/\S/23
Jennifer Schembri Date Liz Kamya Date
Director of Employee Relations Business Representative, IFPTE Zt oS sisi,
Elsa Cordova Date Jesse Kerez—~ Date
Assistant to the City Manager, OER President, AMSP
City of San José
August 15, 2023
8/15/2023
8/15/2023
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