HomeMy WebLinkAboutFire Management Side Letter Agreement and Joinder Agreement June 2025RESOLUTION NO. FD 2025-008
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIDE
LETTER AGREEMENTS AND JOINDER AGREEMENT
BETWEEN RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT AND FIRE UNION LOCAL 2274 AND FIRE
MANAGEMENT EMPLOYEES' BARGAINING GROUP
WHEREAS, representatives of the Rancho Cucamonga Fire Protection District (District),
Fire Union Local 2274 and Fire Management Employees' Bargaining Group representatives have
met and conferred pursuant to the provisions of Meyers-Milias-Brown Act(California Government
Code §3500, et seq.) with regard to terms and conditions of employment; and
WHEREAS, representatives of the District and Fire Union Local 2274 and Fire
Management Employees' Bargaining Group have agreed upon and presented to this Fire Board
a Side Letter Agreement (see attached Side Letter Agreements) and Joinder Agreement (see
attached Joinder Agreement), effective July 5, 2025; and
NOW, THEREFORE, THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT HEREBY RESOLVES that said Side Letter Agreement and Joinder
Agreement with Fire Union Local 2274 and Fire Management Employees' Bargaining Group are
hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreements
and Joinder Agreement on behalf of the Rancho Cucamonga Fire Protection District, and the City
Clerk to attest thereto.
Resolution No. FD 2025-008 - Page 1 of 2
PASSED, APPROVED AND ADOPTED this 18th day of June, 2025.
C
Denni ichael, 'resident
ATTEST:
im Sevy, Secretary K
I, Kim Sevy, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify that
the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of
the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the
18th day of June, 2025.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT:None
ABSTAINED: None
Executed this 19th day of June, 2025, at Rancho Cucamonga, California.
m Sevy, Secret
Resolution No. FD 2025-008 - Page 2 of 2
SIDE LETTER OF AGREEMENT
MEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
FIRE MANAGEMENT EMPLOYEES' BARGAINING GROUP
2023-2026
AUTHORIZING CONTRIBUTIONS TO IAFF MERP
The Rancho Cucamonga Fire Protection District ("District") and the Fire Management
Employees' Bargaining Group (collectively, the "Parties") entered into a Memorandum of
Understanding ("MOU") that commenced on July 1, 2022. and expires on June 30, 2026.
The Parties met and conferred in good faith in May of 2025. The Parties agreed to an
updated MOU process related to the IAFF Medical Expense Reimbursement Plan.
ARTICLE II —COMPENSATION, SECTION 2
D. IAFF Medical Expense Reimbursement Plan
1. Acknowledgement. The Rancho Cucamonga Fire Protection District
hereafter "District") acknowledges that the Fire Management Employees'
Bargaining Group, (hereafter, "Fire MEG") has entered into an agreement
with the IAFF Medical Expense Reimbursement Plan (hereafter, the "IAFF
MERP") of the Washington State Council of Fire Fighters Employee Benefit
Trust (hereafter, the "Trust"). The purpose of the Trust shall be to provide
for retiree health expense reimbursement benefits. The Trust shall be, and
remain separate and apart from any District health insurance funding
program.
2. Defined Class of Employees Receiving Contributions. The "Defined Class"
of employees receiving contributions to the Trust as set forth below,
consists of all employees represented by the Fire MEG.
3. Employee Contribution Amount. The District and Fire MEG agree that
upon adoption of this agreement the Employee shall cease making
contributions to the CaIGoVEBA set forth in ARTICLE II, Section 10 of the
MOU. The District shall instead withhold a mandatory pre-tax per pay
period contribution set forth in Table 3.1 below from the pay of every
employee of the Defined Class based on the employee's date of hire with
the District. The District shall transmit such contributions to the Trust
pursuant to the requirements in Part (E) below. No employee shall be
permitted to opt-out of the mandatory employee contributions or receive
any portion of the contribution in cash.
Table 3.1
Employee Date of Hire with the Per Pay Period Employee
District Contribution Amount
Prior to 2010 200
2010 through 2019 150
2020 through present 100
IAFF MERP
Page 2 of 4
4. District Contribution Amount. The District shall not make recurring monthly
or pay period contributions to the Trust unless expressly set forth in this
section.
a. Transfer of Employee Sick Leave—At Retirement. The District and
Fire MEG agree that the cash and CaIGoVEBA options for accrued
Sick Leave at retirement set forth in Article III —Section 4(J) of the MOU
shall be repealed and replaced subject to the terms set forth below.
b. For every employee in the Defined Class, the District shall, upon the
employee's retirement from the District, 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 Sick Leave. The employee, by written election received by
the District no later than 30 days prior to retirement, may elect to direct
any portion of the value of the accrued Annual Leave to a District
sponsored 401(a) plan, 457(b) plan up to allowable IRS plan limits
and/or apply unused Sick Leave hours to CaIPERS Service Credit.
No employee in the Defined Class shall have the option to receive cash
for the value of the accrued Sick Leave in lieu of making contributions
to the Trust and/or 401(a), 457(b) plans or CaIPERS Service Credit.
c. Transfer of Employee Vacation Leave—At Separation. The District and
Fire MEG agree that the cash and CaIGoVEBA options for the value of
accrued Vacation Leave at separation pursuant to Article III — Section
3(D) of the MOU shall be repealed and replaced subject to the terms
set forth below.
For every employee in the Defined Class, the District shall, upon the
employee's separation from the District, irrevocably contribute to the
employee's Trust account on a pre-tax basis, an amount equal in value
to 50% of the payments that would otherwise be paid to the employee
for unused Vacation Leave. The employee, by written election received
by the District no later than 30 days prior to retirement, may elect to
direct any portion of the value of the accrued Vacation Leave to a
District sponsored 401(a) plan or 457(b) plan up to allowable IRS plan
limits.
No employee in the Defined Class shall have the option to receive cash
for the value of the 50% of accrued Vacation Leave set forth herein in
lieu of making contributions to the Trust and/or 401(a) or 457(b) plans.
The remaining 50% value for accrued and unused Vacation Leave shall
be paid to the separating employee in cash.
IAFF MERP
Page 3 of 4
5. Remittance of Contributions. The District shall remit all contributions set
forth herein directly to the custodian of the Trust within 30 days of the date
the payment would have been payable to the employee. The District
hereby acknowledges receipt of the Trust Agreement governing the Trust
and will comply with rules set by the Trust in regard to reporting and
depositing the required contributions set forth herein.
6. Reporting to the Trust Office, The District shall electronically submit to the
Trust Office a 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 report
will include at a minimum: employee first and last name, with suffix as
applicable; employee number; Social Security Number; employee status
e.g., active, on leave); date of birth; gender; date of hire; bargaining unit;
date of change in bargaining unit, as applicable; home mailing address;
District contribution amount; Employee contribution amount; leave transfer
amount, as applicable; separation date, as applicable; and separation
reason.
The District shall also provide an initial report of contact information for all
contributing Employees to the Trust Office, in a format reasonably
requested by the Trust, and shall send updates to this information to the
Trust Office whenever the District has notice of changes to the information.
The Trust Office will provide a secure data transfer platform or process for
transmission of this employee information to the Trust Office.
7. Modification of Employee Contributions. The District and the Fire MEG
agree that the Fire MEG has the right, subject to approval of its members
according to the Fire MEG's internal rules, to prospectively modify the
amount of the mandatory employee monthly contribution (Section 3) once
per fiscal year, or to include the mandatory transfer of employee leave for
which the Employee is eligible to receive monetary compensation during
the course of this Agreement, as long as the modification is mandatory for
all employees in the Defined Class.
6. Indemnification. The Fire MEG agrees to indemnify and hold the District
harmless from any liabilities of any nature which may arise as a result of
the operations of the Trust, except for the obligation of the District to remit
and report on the non-elective transfer of contributions as described in this
Section.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain
in full force and effect except to the extent modified by this Side Letter of Agreement. This
Side Letter of Agreement shall not be effective until ratified by the District Board and
approved by the Fire MEG.
IAFT MERP
Page 4 of 4
For the Fire Protection District For the Fire MEG
John Gillison Chad Comeau
City Manager FIRE MEG
IAFF MEDICAL EXPENSE REIMBURSEMENT PLAN
JOINDER AGREEMENT FOR IAFF LOCALS
I) Negotiated contribution. The undersigned IAFF Local(hereafter"Associations")and Rancho Cucamonga Fire Protection District
hereafter "Employer') acknowledge receipt of a copy of the IAFF Medical Expense Reimbursement Plan ('Plan") and Trust
Agreement governing the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter "Trust Agreement').
Associations and Employer have negotiated a mandatory contribution into the Washington State Council of Fire Fighters Employee
Benefit Trust (hereafter "Trust") pursuant to the MEMORANDUM OF UNDERSTANDING RANCHO CUCMONGA FIRE
PROTECTION' DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS ASSOCIATIOA - IAFF LOCAL 22'4 and
MEMORANDUM OF UNDERSTANDING RANCHO CUCAAIOI'GA FIRE PROTECTION DISTRICT AND RANCHO
CUGI.IOVGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EAIPLO)EES'BARGAINING GROUP(hereafter"CBAs").
2) Request to participate Request is hereby made that employees represented by the Rancho Cucamonga Firefighters Association,
IAFF Local 2274 and the Rancho Cucamonga Fire Protection District Fire Management Employees' Bargaining Group be
participating employees in the "IAFF Medical Expense Reimbursement Plan" (hereafter"Plan"). The Plan provides retiree medical
expense reimbursement benefits. In consideration of the granting of this request, the Associations hereby agree to be bound by the
terms,conditions and provisions of said Trust Agreement and Plan. The undersigned Associations hereby acknowledge that they are
solely responsible for determining any liability or tax consequences (including the determination of all related tax reporting
requirements)arising from its actions to participate in the Plan and the transfer of assets to the Trust.
3) Monthly contribution rate. The monthly or per pay period contribution rate to the Trust is set forth in ARTICLE II of the CBAs.
Attached is a true and complete copy of the CBAs,effective July I,2023,authorizing contributions to the Plan. The Associations or
Employer shall provide the Trust with a copy of any successor CBAs executed after the effective dale of the CRAB referenced in this
paragraph.
Note re sick or vacation leave: There are provisions in the CBAs regarding a mandatory sick and vacation leave contributions to the
Trust,at ARTICLE III. It is for a transfer of sick leave at retirement and vacation leave at separation There are not provisions in the
CBAs regarding other mandatory Lump Sum Transfers(as defined in the Plan)to the Trust on behalf of employees.
The above-referenced contributions to the Trust on behalf of an employee will cease when the employee promotes or transfers out of
the Association bargaining units to a non-represented classification.
4) In-lieu/Cafeteria/Flexible Benefits Contributions. There are not provisions in the CBAs regarding a mandatory contribution of
In-lieu Incentive"for employees waiving employer-provided health insurance benefits and/or cafeteria/flexible benefits funds.
5) Retiree contributions. There are not provisions in the CBAs for Retiree Contributions to the Trust on behalf of retired employees.
6) No individual election to participate. Associations and Employer certify that all contributions(including transfer of sick
or vacation leave) will be made on all employees in the bargaining unit, as stated in the CBAs, and employees may not
individually elect against participation in the Plan.
7) Contribution Reporting. The Employer shall electronically submit to the Trust Office a monthly or per pay period report of
contributing employees,with sufficient identifying information pursuant to the reasonable rules of the Trust,for each contribution sent
to the Trust. The Employer shall also provide an initial report of contact and identifying information for all contributing employees,in
a format reasonably requested by the Trust,and shall send updates to this information to the Trust Office whenever the Employer has
notice of changes to the infommtion contained therein.
8) Contribution Drlinm.rnrir.. The Associations acknowledges that the Trust Agreement contains provisions regarding pursuit of
delinquent contributions, and the Association agrees to cooperate with the Trustees in proceedings to recover such delinquent
contributions. The Employer and Association acknowledge that federal law imposes penalties an the employer for late contributions,
currently for contributions received by the Plan more than 90 days after the date the salary would have been payable to the employee.
9) Pooled Sharine of Risk and Costs. The Associations acknowledge that the Trustees pool all contributions except for Lump Sum
Transfers (as defined the Plan) (e.g., sick and/or vacation leave); that the Trust and Plan operate based on a multiemployer basis,
sharing costs and risk between all participants, and not based only on the employees in These Associations; and that the monthly
benefit levels will be set based on actuarial projections for the entire Trust population,and not based only on the employees in these
Associations.
10) Limitations. Associations and Employer acknowledge Article XI, Sections I and 2, of the Trust Agreement contain the
following provisions concerning liabilities associated with the Trust and Plan:
1402:A0915353 II
Dr sn's
121194515.2 RA015-001
Joinder Agreement
IAFF MERP
Page 2
I. Liabilities and Debts of Trust Fund
No signatory party or Trustee, and no participating employer, employer association. labor organization, employee. or beneficiwy
shall he responsible for the liabilities or debts of the Trust Fund"
2. Liabilities and Debts of Participating Parties
No participating employer. employer association, or labor organization shall become responsible by reason of their participations in
the Trust Fund for the liabilities or debts of any other participating employer,employer association, or labor organization.
Ercept for any obligation to make contribution to the Trust pursuant to a Special Agreement or Subscription Agreement. a
Participating Employer shall have no obligation to provide benefits to which its employees may be entitled under a Memorandum of
Understanding to the extent that those benefits are provided under a plan funded through the Trust A Participating Employer shall
not be a fiduciary of the Trust, any employee benefit plan forded through the Trust. and shall have no responsibility or liability for
Trust investments or the income tax treatment ofTrust earnings or benefits provided under such plan."
I I)Term. This Agreement shall be effective upon the Trusts receipt of the first contribution and shall remain in effect unless
terminated in accordance with the terms of the Trust Agreement. Written notice of termination must be received by either party prior
to the first day of the month in which participation is to be terminated. We acknowledge Article XI Section 6 of the Trust Agreement
and acknowledge that upon termination of this Agreement there wilt be no refund of any contributions to the employees, the
Employer,or the Associations,except as benefits paid according to the Plan or as required by law.
Approved by: Acknowledged by:
y Loc 74 A oozed SSii,Cnature) By Employer(Authorized Signature)
6bet/c-e" l./(Y/i 6 //-
Print Name&Title Print Name&Title
Da a Dale
contort person at Local 2274:Cyontact person at Employee
J2ii//?/'cu AegrA- ,'9n o%t Ntik r, roo&k.vc ixraOenyofrr.
A'ame and Title)
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Name and Email Address)
s 7 fi x/`7 Orr'/_ Meirei 9 09- 119 - a`101
Phone and Email) cr- (c f' Association Phone)
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f„7er 4t t050o C Vic ecr - 'Dr.
Street Address)
4 ! /i" 9/7Z eel Address)cow-
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y Fire Management Employees' Unit(Authorized Signature)Signature)
A4M. e_om EAt) A11&t-3051 Lk4St
Print Name&Title
l• 7— • 2o2.l
Dale
Contact person at Fire Management Employees'Unit
CUM) UrMEAJ 3AtTAL50M ao-Yee
Name and Title)
I I4072/AU915J5J II
12894515.2 RA015-0111
Joinder Agreement
AFP MERP
Page 3
94 t 43°0.-2N11 Ct;hD . COR ev (. CTokecRc .JS
Phone and Email)
Io5o0 C3v>L C6AT411.. bit. R.C. or 11730
Slreel:Iddress)
IAFF MERP Joinder Agreement
Re:Rancho Cucamonga Firefighters'Association,Local 2274 and Rancho Cucamonga Fire Management Employees
Approved and Processed for the Board ofTrostees by the Trust Office
frSiR
Lili Gaspar
Print Name)
7/8/2025
Dine)
clo Benefit Programs Administration
1200 Wilshire BIvd,fBh Floor
Los Angles CA 90017
Phone:844-353-7839
Entail:Padig
I IJ072 A0915353 11
12894515.2 RA015-001