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HomeMy WebLinkAbout15-054 - Resolutions RESOLUTION NO. 15-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD JULY 1, 2014 THROUGH JUNE 30, 2017. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the Executive Management Employee Group have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the City and the Executive Management Employee Group have agreed upon and present to this Council a Memorandum of Understanding pertaining to the Rancho Cucamonga City Employees Association, effective July 1, 2015, specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A of this Resolution. 2. The attached Memorandum of Understanding entered into by and between City representatives and the Executive Management Employee Group representatives for the period July 1, 2015 through June 30, 2018, effective July 1, 2015, is hereby approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this resolution. RESOLUTION NO. 15-054 - Page 1 of 19 PASSED, APPROVED, AND ADOPTED this 15'h day of April 2015. AYES: Kennedy, Michael, Spagnolo, Williams NOES: Alexander ABSENT: None ABSTAINED: None 6 D nnis Michael, Mayor ATTEST: anice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Special Meeting of said City Council held on the 15'h day of April 2015. Executed this 16" day of April 2015, at Rancho Cucamonga, California. ice . Reynolds, City Clerk RESOLUTION NO. 15-054 - Page 2 of 19 MEMORANDUM OF UNDERSTANDING CITY OF RANCHO CUCAMONGA AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP July 1 , 2015 — June 30, 2018 RESOLUTION NO. 15-054 - Page 3 of 19 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective July 1, 2015 and shall continue for a three-year period ending June 30, 2018. SECTION 2: COST OF LIVING ADJUSTMENT Effective the first full pay period in July of 2017, All Executive Management Group covered employees will receive a 2% cost of living adjustment. SECTION 3: SALARY STRUCTURE Executive Management employees will be assigned to salary ranges, which are no less than 20% (40 salary code steps) below the control point and no more than 15% (30 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or 'for recent appointments, growth within the position. A. Effective the first full pay period in July of 2015, the control point for each Executive Management Group Covered position will increase by 5% (10 salary code steps), and this will in turn raise the bottom and top steps accordingly. Any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2015, shall be eligible for a 5% merit step increase effective the first full pay period in July 2015, if their last annual evaluation was "meets standards" or higher. All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2015, shall be eligible for a 5% merit increase to their current step effective with the first full pay period after their anniversary date, if their annual evaluation after the first full pay period in July 2015, is "meets standards" or higher. B. Effective the first full pay period in July of 2016, the control point for each Executive Management Group Covered position will increase by 5% (10 salary code steps), and this will in turn raise the bottom and top steps accordingly. Any individual who has been at the top step of their range for 365 days prior to the first full pay period in July 2016, shall be eligible for a 5% merit step increase effective the first full pay period in July 2016, if their last annual evaluation was 2 RESOLUTION NO. 15-054 - Page 4 of 19 "meets 'standards" or higher. All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2016, shall be eligible for a 5% merit increase to their current step effective with the first full pay period after their anniversary date, if their annual evaluation after the first full pay period in July 2016, is "meets standards" or'higher. C. In order to prevent compaction issues, the top step of every Executive Management Covered employee's salary range should be a minimum of 5% above the top step of the available salary range of any subordinate employee as determined by the City Manager. Human Resources will review compaction issues :each year taking into account any changes in salary ranges due to increases in control points, top steps and cost of living adjustments: SECTION 4 : EXECUTIVE BENEFITS Employees designated as Executive Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: A. Administrative Leave — One hundred (100) hours per fiscal year. Days off must be approved by appropriate supervisor. In order to compete for talented Executive Staff, the City Manager may provide up to an additional 100 hours of Administrative Leave to an Executive Management covered employee upon hire. This additional Administrative Leave must be used within the first three years of the new employee's time with the City. The City does not recognize Administrative Leave as a property right and does not provide any cash-out provisions should an employee leave City service and still have a positive amount of Administrative Leave. B. Life Insurance — Life insurance in the amount of 100% of the annual base salary plus $75,000. C. Deferred Compensation — Six percent (6%) of base salary. Additional voluntary individual contributions above the 6% of base salary level will be matched dollar for dollar by the City up to a limit of 2% of base salary. Effective the first full pay period in July of 2016, the additional voluntary individual contributions above 6% of base salary level will be matched dollar for dollar by the City up to a'lirriit of 4% of base salary. The total contributions for both City and Employee cannot exceed the maximum annual contributions as determined by the Internal Revenue Service. D. Automotive allowance of $500 per month if a City vehicle is not provided. 3 RESOLUTION NO. 15-054 - Page 5 of 19 E. Executive Wellness Plan — The City shall provide' reimbursement for employee for an ,Executive Physical, and related approved expenses, up to a maximum amount of $2,000 per fiscal year. If.the employee selects or requires additional services beyond the $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee's Executive Wellness Plan from the prior fiscal year. If no unspent funds .remain from employee's Executive Wellness Plan from the prior fiscal year, employee may receive reimbursement for additional approved expenses as an advance against employee's next immediate fiscal year Executive Wellness Plan (1-year advance only). In no event shall any employee receive more than $4,000 total reimbursement for an Executive Physical, and related expenses, in one fiscal year. Approved providers, and a list of eligible reimbursable services, shall be determined by the Human Resources Department. SECTION 5: HEALTH INSURANCE A. LEVEL OF BENEFIT The City shall provide employee and family health insurance for all represented full-time continuous employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following: Currently $850.00. $900.00 effective the first full pay period in July 2015. $950.00 effective the first full pay period in July 2016. $1,000.00 effective the first full pay period in July 2017. B. CASH IN-LIEU PAYMENT Represented employees who had waived coverage under a City-paid medical insurance plan, and were receiving a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage as of September 30, 2012, may continue to receive this cash in-lieu payment as long as they remain eligible. To be eligible, an employee must provide proof of group medical insurance coverage each year and must have provided a.signed waiver. No other represented employees shall be eligible for this benefit. Employees not receiving cash in-lieu as of September 30, 2012, may still waive coverage by providing the proof of.insurance and signed waiver as noted above, .but will not receive a cash in-lieu. 4 RESOLUTION NO. 15-054 - Page 6 of 19 SECTION 6: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally funded without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees and eligible dependent. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree or eligible dependent. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. SECTION 7: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees and their qualifying dependents. 5 RESOLUTION NO. 15-054 - Page 7 of 19 SECTION 8: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees and their qualifying dependents. SECTION 9: IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT PLAN The City has established an IRS Section 125 Flexible Spending Account Plan managed by a third party administrator that is open to voluntary participation by members of the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees.) SECTION 10: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VERA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the Executive Management Group, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. SECTION 11: BEREAVEMENT LEAVE When a death occurs in the family of a full-time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, grandparents-in-law, employee's children, son-in-law, daughter-in-law, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouse's grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code §297). 6 RESOLUTION NO. 15-054 - Page 8 of 19 SECTION 12: PERSONAL LEAVE Employees can use up to 40 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 40 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their.supervisor when using this time. SECTION 13: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. In order to compete for talented Executive Staff, the City Manager may provide an accrual rate for new Executive Management Group covered employees up to the equivalent of a ten-year employee upon hire. This is important as many experienced candidates have significant time in the public sector and might have to begin at a much lower accrual rate than they receive at their current Agency. Length of Service Hours Accrued Annual Hours In Years Per Pay Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 14: VACATION BUYBACK The City will provide the total cash value of up to 120 hours of vacation leave annually, that may be bought back during either November or April. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to buy back vacation must request payment of not less than 40 hours and not more than 120 hours. 7 RESOLUTION NO. 15-054 - Page 9 of 19 SECTION 15: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. The City shall provide eligible employees with leave of absence due to family and personal health purposes as provided by the U.S. Family and Medical Leave Act ("FMLA; 29 U.S.C. section 2601 et seq.) and the California Family Rights Act ("CFRA"; California Government Code section 12945.2). The City's FMLA/CFRA policy is incorporated herein by reference. The City shall also provide leave of absence for reasons covered by FMLA relating to covered relationships who are members of the military pursuant to the 2008 amendments to FMLA contained in the National Defense Authorization Act. SECTION 16: SICK LEAVE BUYBACK Employees who terminate their City employment after 5 years of continuous service and have at least 50% of five years of sick leave accrued on the books upon termination can sell 120 hours back to the City. SECTION 17: HOLIDAYS The City Hall Offices observe the following 14 holidays. All full-time continuous salaried employees shall be compensated at their regular rate for these days: (1) July 4 Independence Day (Z) First Monday of September Labor Day (3) November 11 Veteran's Day (4) Fourth Thursday of November Thanksgiving Day (5) Day following Thanksgiving (6) December 24 Day preceding Christmas (') December 25 Christmas Day (8) January 1 New Years Day (9) Third Monday of January Martin Luther King's Birthday (10) Third Monday of February President's Day 8 RESOLUTION NO. 15-054 - Page 10 of 19 Last Monday of May Memorial_Day (12) Three discretionary days may be taken by an employee at his/her convenience subject to approval of the supervisor. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever. a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two consecutive days are holidays and .it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday; however Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 18: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond -the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. SECTION 19: NATAL AND ADOPTION LEAVE WITH PAY Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. 9 RESOLUTION NO. 15-054 - Page 11 of 19 SECTION 20: WORKERS COMPENSATION LEAVE Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can be used in one-hour increments. SECTION 21: MILITARY LEAVE Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 22: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 23: RETIREMENT BENEFIT Unit members who do not meet the definition of "new member" under the California Public Employees' Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as "classic members") are enrolled in either the CalPERS retirement plan commonly referred to as the 2.5% at age 55 retirement plan ("Tier 1" and "Tier 2"), or in the 2% at age 55 retirement plan ("Tier 3") and shall be provided the benefits as described below: A. Tier 1 — Employees Hired Before September 1 2010 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation 10 RESOLUTION NO. 15-054 - Page 12 of 19 I. City pays the normal eight percent (8%) CaIPERS member contribution per Resolution 11-063. 2. Effective 7/1/13, employees shall pay one percentage point (1%) of the CalPERS employer contribution. 3. Effective the first full pay period in July 2015, any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2015, and receives a merit step -increase effective the first full pay period in July 2015, per MOU Section 3A, shall pay an additional three percent (3%) of their PERSable compensation toward the CaIPERS employer contribution for a total of four percent (4%). All individuals who have been at the top step,of their range for fewer than 365 days prior to the first full pay period in July 2015, and receive a merit increase between the first full pay period in July 2015, and the first full pay period in July of 2016, per MOU Section 3A, shall pay an additional three percent (3%) of their PERSable compensation toward the CaIPERS employer contribution effective the date they receive their merit increase for a total of four percent (4%). 4. Effective the first full pay period in July 2016, any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2016, and receives a merit step increase effective the first full pay period in July 2016, per MOU Section 313, shall pay an additional three percent (3%) of their PERSable compensation toward the CalPERS employer contribution for a total of seven percent (7%). All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2016, and receive a merit increase between the first full pay period in July 2016, and the first full pay period in July of 2017, per MOU Section 3B, shall pay an additional three percent (3%) of their PERSable compensation toward the CalPERS employer contribution effective the date they receive their merit increase for a total of seven percent (7%). B. Tier 2 — Employees Hired Between September 1, 2010 and July 3 2011 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation 11 RESOLUTION NO. 15-054 - Page 13 of 19 1. City pays seven percent (7%) of the normal CaIPERS member contribution; employee pays one percentage point (1%) of "the CaIPERS member contribution per Resolution 11-063. 2. Effective the first full pay period in July 2015, any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2015, and receives a merit step increase effective the first full pay period in July 2015, per MOU Section 3A, shall pay three percent (3%) of their PERSable compensation toward the CalPERS employer contribution for a total of one percent (1%) of the member contribution and three percent (3%) of the employer contribution. All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2015, and receive a merit increase between the first full pay period in July 2015, and the first full pay period in July of 2016, per MOU Section 3A, shall pay three percent (3%) of their PERSable compensation toward the CaIPERS employer contribution effective the date they receive their merit increase for a total of one percent (1%) of the member contribution and three percent (3%) of the employer contribution. 3. Effective the first full pay period in July 2016, any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2016, and receives a merit step increase effective the first full pay period in July 2016, per MOU Section 3B, shall pay an additional three percent (3%) of their PERSable compensation toward the CalPERS employer contribution for a total of one percent (1%) of the member contribution and six percent (6%) of the employer contribution. All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2016, and receive a merit increase between the first full pay period in July 2016, and the first full pay period in July of 2017, per MOU Section 36, shall pay an additional three percent (3%) of their PERSable compensation toward the CalPERS employer contribution effective the date they receive their merit increase for a total of one percent (1%) of the member contribution and six percent (6%) of the employer contribution.. C. Tier 3 — Employees Hired on or After July 4 2011 § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Yr Final Compensation 12 RESOLUTION NO. 15-054 - Page 14 of 19 1. City pays six percent (6%) of the normal CaIPERS member contribution; employee pays one percentage point (16/6) of the CaIPERS member contribution per Resolution 11-063. - 2. Effective the first full pay period in July 2015, any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2015, and receives a merit step increase effective the first full pay period in July 2015, per MOU Section 3A, shall pay three percent (3%) of their PERSable compensation toward the CalPERS employer contribution for a total of one percent (1%) of the member contribution and three percent (3%) of the employer contribution.. All individuals who have been at the top step lof their range for fewer than 365 days prior to the first full pay period in July 2015, and receive a merit increase between the first full pay period in July 2015, and the first full pay period in July of 2016, per MOU Section 3A, shall pay three percent (3%) of their PERSable compensation toward the CalPERS employer contribution effective the date they receive their merit increase for a total of one percent (1%) of the member contribution and three percent (3%) of the employer contribution.. 3. Effective the first full pay period in July 2016, any individual who'has been at the top step of their range for at least 365 days prior to the first full pay period in July 2017, and receives a merit step increase effective the first full pay period in July 2016, per MOU Section 3B, shall pay an additional three percent (3%) of their PERSable compensation toward the CalPERS employer contribution for a total of one percent (1%) of the member contribution and six percent (6%) of the employer contribution. All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2016, and receive a merit increase between the first full pay period in July 2016, and the first full pay period in July of 2017, per MOU Section 3B, shall pay an additional three percent (3%) of their PERSable compensation toward the CalPERS employer contribution effective the date they receive their merit increase for a total of one percent (1%) of the member contribution and six percent (6%) of the employer contribution. D. It is understood that all contributions paid by the employee as described in Parts A through C above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation, and any Employer Paid Member Contributions (EPMC). E. The City pays EPMC for the various "Tiers" as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as 13 RESOLUTION NO. 15-054 - Page 15 of 19 such pursuant to Title 2 CCR, Section 571(a)(1)(F) as Value of Employer-Paid Member Contributions. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise. The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f) There shall be no sunset date to any provision in Section 23. F. The California Public Employees' Pension Reform Act of 2013 (PEPRA) - As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. Any provision in the 2015-2018 MOU which contradicts any provision of the PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall be deemed to impair any provision of the 2015-2018 MOU or any MOU, Agreement, Rule or Regulation predating the 2015-2018 MOU. PEPRA includes, but is not limited to, the provisions described below: Unit members hired on and after January 1, 2013, deemed to be a "new member" as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said "new member" is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. Unit members who are "new members" and miscellaneous employees on and after January 1 , 2013, shall be enrolled in the 2% @ 62 retirement formula (Govt. Code § 7522.20). Unit members who are "new members" on and after January 1, 2013, shall have "final compensation" measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.), and their retirement benefits shall be calculated based on "pensionable compensation" (Section 7522.10) rather than "compensation earnable" (Section 20636). G. In addition, the City has adopted the PARS Retirement .Enhancement Plan generally described as .5% (one-half percent) at 55 or at 60, depending upon the employee's hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56, have ten (10) years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition to any CalPERS benefits to which they are entitled. 14 RESOLUTION NO. 15-054 - Page 16 of 19 SECTION 24: TUITION REIMBURSEMENT FOR APPROVED COLLEGE/ UNIVERSITY COURSES Reimbursements by the City of the following 'enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the employee's department head or his designee that all of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall present to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" o'r "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this Section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the City Manager or his designee in such regards shall be final. 15 RESOLUTION NO. 15-054 - Page 17 of 19 E. The costs which shall be subject to reimbursement are limited to the following: 1) tuition; 2) books; 3) supplies; 4) parking; and, 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Personnel Department and shall evidence each expenditure . for which reimbursement is sought. SECTION 25: 4/10 WORKWEEK City Hall operates on a 4/10 work week, hours 7am to 6pm, Monday through Thursday. Remote facilities operate on a 40-hour work week of varying days and times. SECTION 26: BI-LINGUAL PAY Employees who qualify for bi-lingual pay will be provided $50.00 per month. SECTION 27: FURLOUGH EQUIVALENT PAYMENT Executive Management covered employees who contributed to the City's .ongoing viability by participating in the Fiscal Year 2010-2011 2011-2012 and/or 2012-2013 furloughs would 'receive a one-.time payment estimated to be equivalent to the amount of salary that they 'personally contributed through the furlough so that the City could continue to provide services to the community and avoid additional layoffs Qualifying employees would receive this one-time payment in a separate check on July 23 2015 The City does not intend to report the furlough equivalent pay to PERS as compensation. SECTION 28: HOLIDAY FACILITY CLOSURE City facilities will observe a holiday closure beginning Thursday, December 24, 2015, through Sunday, January 3, 2016. In future years during the term of this MOU there will be Holiday Facility Closures, certain City facilities may close in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. The City will strive to provide a schedule of Holiday Facility Closures at least six months or more in advance of the closure. During a holiday closure, affected represented employees may take paid leave from holiday, administrative leave, vacation accruals, or use unpaid leave. When holiday closures are implemented by the City, Section 17's provision regarding consecutive holidays shall not apply. 16 RESOLUTION NO. 15-054 - Page 18 of 19 CITY EXECUTIVE MANAGEMENT C) n R. Gillison Nettie Nielsen City Manager Community Services Director 1 ` Robert Neiuber William Wittkopf Human Resources Director Public Works Services Director 17 RESOLUTION NO. 15-054 - Page 19 of 19