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Resolution-Number-6457-2022-MOU-Management-Mid-Management-Un-Rep-2022-2024

Sebastopol City Council
July 5, 2022

Document
Resolution-Number-6457-2022-MOU-Management-Mid-Management-Un-Rep-2022-2024
Meeting
July 5, 2022
Body
Sebastopol City Council
Pages
3
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofsebastopol.gov. That file is the official record.

RESOLUTTON NO. 6457-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL

APPROVI NG AND ADOPTI NG THE COMPREHENSIVE MEMORANDUM OF

UNDERSTANDING (MOU) WITH THE MANAGEMENT, MID-MANAGEMENT AND

UNREPRESENTED EMPLOYEES' GROUP
FOR JULY 1,2022 THROUGH JUNE 30,2024
WHEREAS, the City of Sebastopol maintains Memorandums of Understanding (MOU's) with its various employee groups; and
WHEREAS, any changes to a Memorandum of Understanding need to be approved by the City and the respective employee group; and WHEREAS, the City of Sebastopol and the Management, Mid-Managemeht and Unrepresented Employees have met and conferred in good faith and have agreed to the attached revised Comprehensive Memorandum of Understanding NOW, THEREFORE, BE lT RESOLVED, that the City Council of the City of Sebastopol hereby approves the July 1,2022, through June30, 2024 Memorandum of Understanding with the Management, Mid-Management and Unrepresented Employees.

PASSED AND ADOPTED, by the CITY COUNCIL ofTHE CITY OF SEBASTOPOL, COUNTY OF SONOMA, of STATE OF CALIFORNIA on this Stt' day of 1u1y,2022.

I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by City of Sebastopol City Council following a roll call vote:

VOTE:

Ayes: Councilmembers Glass, Gumey, Rich, Vice Mayor Hinton and Mayor Slayter Noes: None

Absent: None
Abstain: None
APPRO
ATTEST: L
SLtrMayor Patri ck Slavtf
, Ass City ManagerlCity Clerk, MMC
APPROVED AS TO FORM:

Lany Mclaughlin, City Attorney
Management, Mid-Management, Unrepresented Page2

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SEBASTOPOL

AND THE

MANAGEMENT, MID-MANAGEMENT AND

UNREPRESENTED EMPLOYEE GROUP
Management, Mid-Management, Unrepresented
Contents
I. TERM
II. GROUP DEFINED
Iil. CITY RIGHTS ......

IV. WAGES PROVISION.........,....

A. CaIPERS Retirement

1. Tier I

2. Tier 2
INSURANCE PROVISION.........

Health Insurance in Lieu Benefit:

Health Care Payment Calculation for Part-Time Employees: ......'. ".....

Dental Benefit:

Vision Care: ...............

Long Term Disability Benefit:

VII. OTHER COMPENSATION AND BENEFIT.....

B. Vacation Accrual Limits
C. Cash in lieu of Vacation Pay:

D. Vacation In Lieu Payment.......

Administrative Leave
Sick Leave
G. Holidays
H. Workers Compensation: .................

I. Advances in Pay Schedule:

J. FurloughPolicy:.....

ATTACHMENT 1 FURLOUGH POLICY
ATTACHMENT 2 RETIREMENT MEDICAL RESOLUTION NO. 5710
ATTACHMENT 3 RETIREE MEDICAL RESOLUTION NO. 5734
ATTACHMENT 4 REMIF RETIREE HEALTH PLAN ELIGIBILITY

GUIDELINES

Page 3 ends

V.

B.

C.

D.

E.

F.

E.

F.
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9 Management, Mid-Management, Unrepresented Page 4
Memorandum of Understanding
Between the Management, Mid-management and Unrepresented Employee Group and the City of Sebastopol
For July 1,2022- June 30,2024
Representatives of this employee group have met and conferred in good faith regarding terms and conditions of employment for the employees in this bargaining group. Throughout the Meet and Confer process, both parties have exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer- employee relations of such employees.

The Parties agree to the following changes to a comprehensive MOU to be effective July 1,2022 following ratification by both parties.

I. TERM
The term of this two-yearcomprehensive MOU will begin on July 1,2022, and end on June 30, 2024.

II. GROUP DEFINED
The members of the Management, Mid-management and Unrepresented Employees Group shall be all those employees who are not members of another recognized bargaining unit or under a separate employment contract.

III. CITY RIGHTS
City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Memorandum of Understanding, except as expressly limited by a specific provision of this Memorandum of Understanding. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by City and not abridged herein include, but are not limited to, the following, subjectto the requirements of this Memorandum of Understanding and/or any provision of law whether it be statutory or judicial:

To manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees to establish work standards, schedules of operation and reasonable work load; to specifu or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.

Nothing in this Section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any law regulating, authorizing or empowering the City to act or refrain from acting.

Management, Mid-Management, Unrepresented Page 5
IV.WAGES PROVISION
Year 1: Effective July I , 2022, or the first full pay period following Council approval whichever is later.
4yo increase to base salary for all Management, Mid-management and Unrepresented members.

A $5,000 gross one-time non-pensionable cash payment upon ratification and City Council approval of this Resolution.

Year 2 Effective July 1 ,2023, or the first full pay period in July 2023 whichever is later. 4yo increase to base salary for all Management, Mid-management and Unrepresented members.

June 30, 2024, all then current employees in the bargaining unit whose hire date is July 1 ,2023 or earlier, shall receive a one-time, non-pensionable cash payment of two thousand five hundred dollars ($2,500).

RETIREMENT PROVISIONS
A. CaIPERS Retirement
The City's contract with CaIPERS provides the following retirement benefits.

CaIPERS determines an employee's member level as classic or new. l. Tier 1
Retirement benefits for classic members hired on or prior to June 30, 2013 shall receive the following PERS benefits.
a) Safety
r PERS 3% @ 50 retirement formula
o Chief and Lieutenant pay 9o/o of the member contribution o All other management personnel pay 7Yo of the member contribution b) Miscellaneous
o 2%o @55 retirement formula
o Single highest year compensation
o Employee shall pay 7o/o of the member contribution

2. Tier 2
New members, as defined by PERS, hired on or after January l, 2013, shall receive the following PERS benefits.
a) Safety
o 2.7o/o @ ug" 57 retirement formula
o Three-year average of final compensation
o Employee shall pay 50Vo of normal cost as determined by CaIPERS b) Miscellaneous
o 2Yo @ age 62 retirement formula
o Three-year average of final compensation
. Employee shall pay 50o/o of normal cost as determined by CaIPERS B. REMIF Retiree Health Plan Eligibility Guidelines are attached and incorporated in this Management, Mid-Management, Unrepresented Page 6
Memorandum of Understanding. (Attachment 4)
C. Medical After Retirement Benefit/Retiree Health Plan: Resolution Number 6261of the City of Sebastopol (known as the Master Personnel Resolution) updates the terms and conditions of the City's "Employee Medical After Retirement" program benefit to bring it into compliance with the Anthem Blue Cross and Kaiser medical plans, has been reviewed and approved by the members of this bargaining unit. The following amendments are made with respect to existing provisions of the Memorandum of Understanding between the City and the Unrepresented, by Resolution Number 5710 per Attachment 2,and Resolution 5734,per Attachment 3.

To fund future costs of retiree health premiums, those employees hired after July 1 ,2006 may voluntarily participate in the existing benefit plan provided:
a) The employee contributes 1o% of base salary to a maximum of $60/month to a retiree trust fund, to be matched by an equal City contribution. The City contribution will not be available to any employee hired after July 1 ,2011.
b) Employees may only elect to participate in this option within 60 days of their employment start date.
c) This fund shall be managed separate and apart from the existing fund used for this purpose d) An employee who elects to participate in this benefit but decides at alater date that he/she no longer wishes to continue in this program, may request a reimbursement of 85% of the contributions that they have made to the fund as of that date. e) An employee that leaves employment with the City prior to retirement is eligible for a90o/o reimbursement of their contributions.

Resolution Number 6261 of the City of Sebastopol updates the terms and conditions of the City's "Employee Medical After Retirement" program benefit to bring it into compliance with the Anthem Blue Cross and Kaiser medical plans, has been reviewed and approved by the members of Unrepresented.

V. INSURANCE PROVISION
A. Health Insurance:

The City Kaiser HMO plan will be provided without premium cost to the employee, for fulltime regular employees and any eligible dependents.

The REMIF Anthem Blue Cross Health Plan will continue to be an option for full-time regular employees and any eligible dependents. Any premium difference between the Kaiser HMO Plan and the Blue Shield plan shall be paid by the employee.

Part-time employees will pay a share of the City's cost of premium that is equal to the proportional difference between the part-time employee's regular schedule and that of a fulltime employee. For instance, a part-time employee working 90Yo of the hours regularly schedule for a full-time employee will pay 10o/o of the City's portion of premium cost (the cost of the City Kaiser HMO plan premium).

B. Health Insurance in Lieu Benefit:

Management, Mid-Management, Unrepresented Page 7
The payment of health in lieu program is to allow employees who have double health insurance coverage to drop the City's insurance and receive a payment in lieu. For employees who qualif, for and participate in the payment in lieu health program, the schedule for the Health Insurance ln-Lieu Benefit are shown below:

Coverage In Lieu & Salary Benefit
Full Family 20Yo of City "family" medical
contribution
Employee + I 20Yo of City "Employee *l" medical
contribution
Employee only 20o/o of City "Employee only" medical
contribution
(a) An employee who has chosen to receive the aforementioned monthly stipend in lieu of receiving health insurance coverage may elect at the annual open enrollment period in June, to again be covered under the City sponsored health insurance plan. No employee will be entitled to receive both health insurance coverage from the City and the'oin lieu" payment.
(b) In lieu payments for part-time employees will be prorated the proportional difference between the part-time employee's regular schedule and that of a full-time employee.

For instance, a part-time employee working 90o/o of the hours regularly schedule for a full-time employee will receive 90o/o of the current in lieu benefit of a full-time employee
C. Health Care Payment Calculation for Part-Time Employees:

For all health benefits listed below where the City pays the full premium for employees, part-time employees that are benefitted will be required to pay a proportion equal to the proportional difference between the part-time employee's regular schedule and that of a full-time employee. For example, an employee who works 90% of the hours a full-time employee regularly works will pay l0o/o of the health benefit premium amount paid by the City.

D. Dental Benefit:

The City will provide dental insurance, without premium cost to the employee, for fulltime regular employees and any eligible dependents.

E. Vision Care:

The City will provide vision insurance, without premium cost to the employee, for fulltime regular employees and any eligible dependents.

F. Lons. Term Disability Benefit:

The parties agree that the City will add 100%o of the LTD premium to the employee's monthly pay and deduct the same amount for payment of the premium. LTD benefit payments will then become nontaxable to the employee if the benefit is activated during a period of non-industrial disability.

VII. OTHER COMPENSATION AND BENEFIT
Management, Mid-Management, Unrepresented Page 8
A. Lonsevity:

Regular full-time employees are entitled to the following longevity incentives:
o 2o/o on base hourly rate at the conclusion of 5 years of service t 2%o additional on base hourly rate (total 4Yo) at the conclusion of 10 years of service . 2o/o additional on base hourly rate (total 60/o) at the conclusion of 15 years of service o 2%o additional on base hourly rate (total 8Yo) at the conclusion of 20 years of service o 2o/o additional on base hourly rate (total 10o/o) atthe conclusion of 25 years of service Longevity incentives are cumulative, not to exceed a maximum of l0o/o.Part-time prior service may be counted on a pro-rata basis.

B. Vacation Accrual Limits:
a) Employee maximum vacation accrual is three times their annual accrual rate. b) Vacation accrual rates are outlined in the City's Personnel Rules.

C. Cash in lieu of Vacation Palu:

City employees may elect cash in lieu of vacation leave accrual subject to the following limitations:
l) In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment in lieu of vacation leave hours prior to accruing those hours.
2) Employees must submit an irrevocable election form to the Finance Department no later than December 31 of the year prior to the year in which the vacation leave will be accrued and paid out.
3) Employees must have a minimum of 100 hours of accrued vacation on the books as of December 3 I't of the calendar year prior to the distribution in order to be eligible to request a cash-in-lieu payment.
4) Employees may request a cash in lieu payment for up to 100 hours of vacation in any calendar year.

D. Vacation In Lieu Payment
Employees shall designate the payroll date on which they wish to receive the cash payment, at the time of the request. The City finance department will cash out the requested hours no sooner than the pay period following the accrual of the entire amount of requested hours sold. For example, a full-time employee accruing eighty (80) hours of vacation leave per year accrues at a rate of 3.0769 hours per pay period. It will take this employee seven (7) pay periods to accrue twenty (20) hours sought to be cashed out.

Therefore, the employee could not receive a cash payment for twenty (20) hours until the eighth pay period of the year. The amount of vacation cash-out is limited to the amount ofvacation leave accrued during the calendar year.

E. AdministrativeLeave
To compensate overtime exempt management employees for the added hours they work, management employees will be granted a total of 100 hours Administrative Leave with pay during each fiscal year (50 hours accrued on July 1't and 50 hours accrued on January I't.) Employees in this unit may use this time to take paid leave from work. In the first full pay period of June of each fiscal year, the City will pay out the balance in each employee's Administrative Leave accrual bank or 40 hours, whichever is smaller. Any balance left in the bank will not calry over from year to year.

Management, Mid-Management, Unrepresented Page 9
F. Sick Leave:

Sick leave accrual rules are outlined in the City's Personnel Rules.

G. Holidays:

The City's observed holidays are outlined in the City's Personnel Rules H. Workers Comoensation:

Effective July 1 ,2004, the provisions of Section 4850 of the California Labor Code shall no longer apply to PERS Miscellaneous employees in this group. CITY agrees to guarantee employees eligible for workers compensation coverage 80o/o of their regular salary for one year.

I. Advances in Pay Schedule:

Advancement in pay schedule information can be found in the City's Personnel Rules J. Furloush Policy:

Effective July 1 ,2004, the Furlough Policy shall apply to employees within the bargaining unit, as per the attached document (Attachment 1).

K. Education Incentive:

A salary increase of one-half range (2.75%) can be earned upon the successful completion of 30 semester units of college level courses related to the employee's current city position. An additional one-half salary range can be eamed by the successful completion of an A.A. degree from an accredited college or university.

An additional salary range may be earned by the successful completion (G.P.A. of

3.0 or better) of a B.A. degree in a major field of study related to the employee's current city position. Such off the job training programs, to qualif,z, shall be subject to the advance approval of the department head and City Manager.

IN WITNESS WHEREOF. the parties hereby agree to the aforementioned terms and conditions contained within this Memorandum of Understanding signed and approved on July 5,2022

CITY OF SEBASTOPOL MANAGEMENT, MID-MANAGEMENT AND

UNREPRESENTED EMPLOYEES
k'.;
City Manager Kevin Kilgore, Police Chief
M Dante Del Prete, Public Works Superintendent
I
(
ty
Phtrrck c{ark KJ{pLabor N Kari Svanstrom, Planning Director And sted v
(
Gourl , Assistant City Manager/City Clerk
Management, Mid-Management, Unrepresented Page 10
ATTACHMENT 1
Memorandum of Understanding
Between the Management, Mid-management and Unrepresented Employee Group and the City of Sebastopol

FURLOUGH POLICY
L Purnose:

To define and establish a program and procedure that allows for employees currently employed with the City of Sebastopol to be furloughed from work on an unpaid basis. It is anticipated that such unpaid Furlough time may be necessary due to insufficient funding available to support full time staffing.

IL Policy:

The City of Sebastopol will have the authority to implement this Furlough program when a financial necessity is declared by the City Council. The number of hours when employees may be required to take time off without pay will be determined at the time of implementation, but no more than 40 hours for full time employees or proportion thereof for part time employees.

The City will meet and conferwith employee bargaining units to discuss the implementation procedure and policy conoerns that may arise during those meetings. ln the interest of efficiency, the meetings will be initiated 60 days prior to and concluded 30 days before the proposed implementation date.

III. Procedure:
a) The employee will have the right to return to the same position, subject to the terms and conditions herein.
b) The reduction in pay for employees shall be prorated among all the pay periods for thefull fiscal year or that portion of the fiscal year remaining should the program be implemented mid-year. c) Furlough time may be used in conjunction with paid holidays, accumulated vacation, CTO or administrative leave.
d) Paid leave and Furloughed time taken together in any pay period shall not exceed the total number of the employee's regularly scheduled hours in the pay period. e) Credits toward sick leave, vacation and holiday eligibility shall accrue during the furlough period as though the employee were on paid status.
0 Furlough time shall apply toward time in service for step advancement, completion ofprobation, and toward seniority for purposes of layoff. Furlough time will not affect an employee's salary anniversary date.'
Management, Mi d-Management, Unrepresented Page 1 1
g) An employee will continue to receive a full year's PERS service credit. h) Other paid leave time may not be used in lieu of Furlough time. i) Furlough time shall not be used in conjunction with Worker's Compensation or other leave without pay.
j) The employee may request that a lump sum deduction be made to their pay for Furlough time in lieu of a prorated reduction of pay subject to approval by the Finance Director. k) In the event an employee separates during the Fiscal Year, the Finance Department shall reconcile the number of Furlough hours and the number of Furlough hours which have been taken and shall pay the employee the value of any Furlough hours which have not been taken.

Employee will pay to the City, through an adjustment of his/her final paycheck, for any Furlough hours taken which exceed the value of pay reductions to the date of separation. l) While an employee is on Furlough Leave, the Department will not utilize temporary employees to backfill the furloughed employee, except with the City Manager's prior approval.
m) Any dispute between an employee and his or her department head regarding the implementation and application of this policy shall be resolved by the City Manager. n) Any dispute not resolvable by the City Manager may be submitted to binding arbitration under the grievance procedure of theMOU.

Adopted by the Sebastopol City Council on August3,2004.

Management, Mid-Management, Unrepresented Page 12
ATTACHMENT 2

RETIREE MEDICAL
RESOLUTION NO.
5710
A Resolution of the City of Sebastopol Amending Resolution Number 5673 WHEREAS, Ordinance Number 563 of the City of Sebastopol provides that the City Council may by resolution establish rules and regulations regarding salaries and benefits.

BE IT THEREFORE RESOLVED that Resolution No. 6261, "Personnel Resolution of the City of Sebastopol", Section XIV is hereby amended as follows:

SECTION XIV

INSURANCE

COVERAGES
A Health Insurance for Active Employees
City shall pay monthly premiums as defined in the MOU's for a City-sponsored group health plan for employee and qualif ing dependents. In lieu of health insurance coverage, employees may choose an In-Lieu benefit, as defined in their MOU.

Health Insurance for Retired Emoloyees
A retired employee is defined as receiving retirement benefits from (PERS) Public Employee Retirement System. This retiree benefit for the continuation of health insurance is intended to provide coverage to retirees and their covered dependents; who are enrolled in the plan, at the time of the employee's retirement with the exception of later addition of a (biological or adopted)newbom.

Emolovees With Less Than 10 Years of Service
Employees who retire with less than 10 years of full-time service are not eligible for the City's Medical After Retirement contribution towards premium, as defined below.

Emolovees With l0 Years or More of Service Hired Before Julv I. 2007 a. For SPOA employees who retired prior to July 7, 1997; and all other employees who retired prior to July 1, 1998:

City will pay the following amount for retirees:

Single person, under age of 65: $61.71lmo,
Single person, over age of 65: $52.80/mo.

With spouse,both under age of 65: $135.85/mo.

With spouse, one over age 65: $114.5l/mo.

B
2 Management, Mid-Management, Unrepresented Page 13
With spouse, both over age 65: 105.60/mo
b. For SPOA Employees retiring on or after July 1,1997; and for all other employees retiring on or after July 1, 1998:

City will pay up to the following amount for retiree health insurance premiums. Coverage shall be available to employees who have had 10 years full-time paid employment with benefits, with the City. Any time spent in a paid part-time or non-paid part-time position will not count towards the 10 year minimum. For employees who wish to be covered under a City Health plan in retirement; they must be enrolled prior to retirement, otherwise they are entitled to a private plan reimbursement. Retirees are not allowed to enroll in a City Health plan after retirement, per the insurance plan agreements.

Single person, under age 65:

Single person, over age 65:

Employee +1, both over age 65:

Employee *1, one over age 65:

Employee +1, both under age 65:
$131.56/mo.
$148.15/mo.
$31 1 .1O/mo.
$298.89/mo.
$276.27|mo.

Payments for the retirees' share of the premium are due no later than 60 days from the due date (first day in the coverage month). Retirees will be dropped from the health insurance plan for non-payment of their share of the premium after 60 days, unless prior arrangements have been made.

3. Emololvees With l0 Years or More of Service Hired On or After July 1 . 2007 For those employees hired on or after July 1 ,2007, the City will contribute the same amount as defined in Section 2 above; if the employee voluntarily elects to participate in the Medical After Retirement Plan by contributing ly, of their base salary, up to $60 per month; to be matched by an equal city contribution. This benefit was eliminated for employees hired after July 1 , 2071. These funds will be deposited into a separate City Retiree Health Care Trust Fund (Account # 075-2550). Employees may only elect to participate in this option within 60 days of their hire date.

Once elected, the employee may cancel their participation in this program, and may request a refund of 85Yo of their to-date contributions. Once an employee terminates their membership in this program, they will not be able to enroll again, in the future. An employee who leaves employment with the City prior to retirement is eligible for a 9OYo reimbursement of their contributions.

All other provisions mentioned in Section 2 above will apply.

Health Insurance Plan Requirements for Retirees

1. Disqualiflring Events Under a City-sponsored Health Plan:

C
Management, Mid-Management, Unrepresented Page 14
Health Insurance coverage shall continue until a disqualifying event occurs. Disqualifying events shall include:

For Retiree:

2. Death of retired employee (Subscriber).

Termination of retired status of employee by reinstatement to full-time employment with the City.

J Non-payment of retiree share of premium to City.

For Spouse or Dependents:
l. Divorce from the retired employee.

2. Dissolution of legally registered and valid domestic partnership from the retired employee.

3. When the retired employee's child turns 26.

4. Non-payment of surviving spouse's share of premium to City.

All qualified dependents who lose coverage on a City-sponsored Health Plan may be eligible for COBRA Health Insurance coverage continuation. A qualified dependent is any family member who was covered on the City health plan at the time of the employee's retirement. All other dependents covered on a City health plan (except for newborns or adopted infants) are non-qualified dependents.

Those individuals covered under a City-sponsored group health plan who are cancelled due to non-payment of premium, will not be eligible for COBRA Health Insurance continuation.

Whenever a qualifying or disqualifying event occurs, health insurance coverage and the City contribution towards premium shall be adjusted and or eliminated based on the current status of the retired employee. City contribution towards health insurance premium shall not be increased if the retired employee adds a family member after the effective date of retirement.

2. Notification of Deoendent Chanees or a Oualif.vins Event Retirees must notift the City of all qualifying events and dependent changes within 60 days.

If that requirement is not met, COBRA continuation coverage cannot be provided to a dependent who is ineligible for coverage. In the event the retiree neglects to notify the City of a dependent loss, the retiree will be liable to reimburse the City for the full amount of the health insurance premium paid, and any future costs, for the expense of covering an ineligible dependent on a City Health Plan.

3. Insurance Coverase for Survivine Family Members
Enrolled qualified dependents may continue health insurance coverage in both plans, after the retired employee's death. This continuation will end the date the surviving spouse remarries. A new dependent acquired during this continuation is not eligible to be enrolled as a family member. ln the event of loss of coverage, the surviving family members who were previously covered under a City Health Plan, will be offered COBRA for up to 36 months, at their expense, if they are qualified dependents.

Management, Mid-Management, Unrepresented Page 15

4. COBRA Continuation
Generally, COBRA Health Insurance continuation is offered to retirees and qualified dependents when a loss of coverage occurs, due to a qualifying event for 18, 29, or 36 months, at their cost plus 2Yo administrative fee, based on a qualifying event. Nonpayment of premium is not considered a qualifying event, and a retiree and their dependent(s) dropped from a City-sponsored group health plan for non-payment of premium, is not eligible for, and will not be offered COBRA, as defined in the Health Insurance Plan Agreements. Non-qualified dependents are only entitled to COBRA if the Subscriber is entitled to COBRA. Please refer to your COBRA General Notice for additional information.

5. Re-Enrollment
Retired employees covered under a City-sponsored group health plan may change City Health Insurance plans once per year during open enrollment which occurs in June, for coverage effective July. Once a retired employee voluntarily drops a City health insurance plan or is dropped because of non-payment of employee share of premium, or COBRA expiration, they will not be able to re-enroll in a City-sponsored group health plan in the future, as defined in the Health Insurance Policy Agreements.

6. Private Plan Reimbursement
lf a retiree with 10 or more years of service, is not covered under a City-sponsored group health plan, they are entitled to receive the city-paid health insurance premium contribution, if they submit receipts to the City for reimbursement, in a timely manner.

The City will reimburse up to the defined benefit level in Sections I or 2, once per calendar quarter, after receipts are submitted. Only requests submitted within 6 months of service will be considered for reimbursement. Reimbursement request reminder notices will not be generated by the City.

7. Positions Ineligible for Coveraee
Certain positions are not eligible for medical benefit after retirement. Those positions include: Reserve Police Officers, Volunteer Firefighters, Crossing Guards, Per Diem Dispatchers, Temporary positions, and all other non-salary part-time positions. Any time served in these positions will not count towards the 10 year minimum full-time service to be eligible for health insurance coverage after retirement.

8. Insurance Plan Limitations
The City will provide retirees health insurance coverage in accordance with each insurance group plan agreement. At no point will the City ever provide a benefit greater than what is defined in any of the insurance group plan agreements, or the Federal COBRA law. lf a change occurs to the group plan agreement, or Federal COBRA law, those changes will take precedence over language defined in this resolution.

BE IT ALSO RESOLVED that this Resolution supersedes all previous resolutions defining medical retirement benefits.

ADOPTED BY CITY COLINCIL ON the t8th day of November,2008 Management, Mid-Management, Unrepresented Page 16
ATTACHMENT 3

RETIREE ME,DICAL
RESOLUTION NO. 5734
A RESOLUTION OF THE CITY COI.INCIL OF THE CITY OF SEBASTOPOL AMENDING RESOLUTION NUMBER 5710
WHEREAS, Ordinance Number 563 of the City of Sebastopol provides that the City Council may by resolution establish rules and regulations regarding salaries and benefits.

BE,IT THEREFORE RESOLVED that Resolution No. 2357, "Personnel Resolution of the City of Sebastopol", Section XIV is hereby amended as follows:

SECTION XIV

INSURANCE COVERAGES
Emplo),ees With 10 Years or More of Service Hired On or After July 1.2007 For those employees in the SEIU or SPOA emolol,ee erouns hired on or after July I ,2007, the City will contribute the same amount as defined in Section 2 above; if the employee voluntarily elects to participate in the Medical After Retirement Plan by contributing 1%o of their base salary, up to $60 per month; to be matched by an equal city contribution. This benefit was eliminated for employees hired after July 1 ,2011. These funds will be deposited into a separate City Retiree Health Care Trust Fund (Account# 075-2550). Employees may only elect to participate in this option within 60 days of their hire date.

Once elected, the employee may cancel their participation in this program, and may request a refund of 85o/o of their to date contributions. Once an employee terminates their membership in this program, they will not be able to enroll again, in the future. An employee who leaves employment with the City prior to retirement is eligible for a 90oh reimbursement of their contributions.

For those employees in the Unrepresented employee group hired after February l, 2009 who have elected this benefit, their monthly contributions of I % base salary up to a maximum of $60/month along with the City's equal matching contribution, will transfer into their ICMA RHS Retirement Health Savings plan once per month. Once employees are enrolled in the ICMA RHS plan, they cannot cancel their participation.

All other provisions mentioned in Section 2 above will apply BE IT ALSO RESOLVED that this Resolution supersedes all previous resolutions defining medical retirement benefits.

IN COI-INCIL DULY APPROVED AND ADOPTED 3rd day of March, 2009

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