Loading...
HomeMy WebLinkAboutMINUTES - 08092011 - D.2RECOMMENDATION(S): ADOPT Resolution No. 2011/323 to implement the County’s Last, Best, and Final Offer covering wages, hours, and other terms and conditions of employment for those employees in bargaining units represented by Professional & Technical Engineers, Local No. 21, AFL-CIO (Local 21), as follows: 1. Reduce by 5% the base rates of pay of all classifications represented by Local No. 21. 2. State the specific dollar amounts for the County’s monthly premium subsidies for the various employee health and dental plans, and modify the definition of “eligible family member” used for health and dental plan coverage to conform to the new federal health care laws. 3. Increase the amount the employees pay for their pensions. Effective September 1, 2011, require employees to pay eighty percent (80%) of the employee share of the basic retirement benefit contribution determined annually by the Retirement Board. Specify that safety employees also pay nine percent (9%) of their retirement base toward the employer’s cost of the Safety Tier A pension benefit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/09/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Ted Cwiek, (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 9, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 2 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:August 9, 2011 Contra Costa County Subject:Resolution to Implement County's Last, Best and Final Offer for Professional & Tech. Engineers Local 21 4. Reduce the Vacation RECOMMENDATION(S): (CONT'D) Buy Back benefit for current employees to allow only one sale every thirteen months and then eliminate the benefit on June 30, 2012. Eliminate the Vacation Buy Back benefit for new employees hired on and after August 1, 2011. 5. Add three new lower cost health plans, contingent upon participation by other bargaining units. 6. Adopt four Tentative Agreements agreed to by the representatives of the bargaining parties during the course of bargaining in 2011. FISCAL IMPACT: The terms and conditions set forth above are estimated to save the county $5.5 million. The savings will help to alleviate the fiscal impact caused by reductions in property values and the related decline in property tax revenues and the on-going structural deficit in the County’s budget. BACKGROUND: On or about March 24, 2011, County representatives and Local 21 representatives initiated negotiations for a successor Memorandum of Understanding (MOU) to the MOU that expired on June 30, 2011. The parties met and conferred in good faith over sixteen (16) collective bargaining sessions between March 24, 2011, and July 24, 2011. On July 18, 2011, the County presented Local 21 representatives with a letter setting forth the County’s explanation for its belief that the parties were at impasse. Attached to that letter were two options of the Last, Best and Final Offer, Offer A and Offer B. The letter provided a deadline to respond by the close of business on July 25, 2011. On July 19, 2011, Local 21 presented the County with a package counter proposal. On July 25, 2011, the parties continued to meet and confer over the Local 21 package counter proposal. The Local 21 package counter proposal did not provide the needed structural changes the County has been seeking. At the end of the bargaining session on July 25, 2011, the parties agreed to extend the time for Local 21 to respond to Friday, July 29, 2011, to allow adequate time for the Local No. 21 membership to consider the positions of the parties at its membership meeting on Wednesday, July 27, 2011. The County confirmed the above understanding in writing on July 26, 2011. On Friday, July 29, 2011, the County received written correspondence from Local 21 representatives stating that the County letter dated July 26, 2011, provided a new “very short deadline,” and that Local 21 “will not be able to respond by that time. We will, however, be able to respond by Monday, August 1, 2011.” The County agreed in writing to extend the deadline to August 1, 2011, for a response to the July 18, 2011, Last, Best, and Final Offers, A and B, based on Local 21’s membership meeting held on July 27, 2011, and to clarify some issues raised in the Local 21 letter. On August 1, 2011, the County received further written correspondence from Local 21 by which Local 21 rejected Last, Best, and Final Offers A and B. The letter went on to make yet additional information requests and included continued disputes regarding the County position on several items. The letter did not move the parties any closer to an agreement. The Local 21 letter dated August 1, 2011, confirmed the additional bargaining date of August 8, 2011. On August 2, 2011 the Local 21 representatives and a number of its members were present at the Board of Supervisors meeting to present their point of view directly to the Board during public comment. The prevailing theme of the comments was a request for the parties to continue to negotiate. The County has, and will continue to meet and confer in good faith with the Local 21 representatives over the wages, hours and other terms and conditions of employment covering the employees represented by Local 21. The County representatives sincerely hope the parties will be able to reach a tentative agreement at the next bargaining session on August 8, 2011, to capture the additional cost savings needed from this bargaining unit. However, at this time, the parties remain about 2.9 million dollars apart on the key issues facing the County due to its structural imbalance. This is the same position the parties found themselves at during the July 19, 2011, meet and confer session. Since on or before July 25, 2011, the County has repeatedly asked for additional dates to continue the meet and confer process, but was told by the Local 21 representatives that they were not available until Monday, August 8, 2011. Since the correspondence from Local 21 in response to the County’s July 18, 2011, Last, Best, and Final Offers A and B do not provide any proposals for breaking the impasse and closing the gap between the parties, the parties remain at impasse. If there is no significant movement to close the 2.9 million dollar gap in the parties’ positions, on or before Monday, August 8, 2011, to deal with the structural changes the County continues to face, then County representatives believe the parties will remain at impasse. The parties have completed the impasse procedures set forth in Chapter 34-16 of Resolution No. 81/1165, as amended, the County Employer Employee Relations Resolution. The parties are at impasse and the County representatives are now prepared to recommend to the Board of Supervisors implementation of the terms set forth in Offer B of the County’s Last, Best, and Final Offer dated July 18, 2011. DISCUSSION As we approach what is likely to be one of the most fiscally challenging years ever for As we approach what is likely to be one of the most fiscally challenging years ever for Contra Costa County, we continue to take a hard look at our cost of doing business. The County’s largest cost is that of compensating our employees. Due to the significant structural imbalance in the County budget and the structural changes that are needed, County representatives pursued concessions from Local 21 for reductions in labor costs. The County’s Last, Best, and Final Offer B represents structural changes in the relationship between the County and the members of Local 21 that will help the fiscal viability of the County. CONSEQUENCE OF NEGATIVE ACTION: The County will not realize the savings associated with these proposed changes. CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM Speakers:  Tim Griffith, resident of Pleasant Hill; Camille Nolan, resident of Concord; Sue Guest; Brady Calma, Local 21; Rollie Katz, Local One; Richard Cabral, AFSCME Local 512; Louise McGuire, resident of Orinda; John Hurlbutt, resident of Fairfield; Roxane Foster, resident of Clyde; Arturo Castillo, resident of Pittsburg; David Shaw, resident of Walnut Creek; Margie Valdez, resident of Oakley, Local 21; Deborah Polk, resident of Pittsburg; Sandy Marsh, resident of Concord; Jeanette Landucci, resident of San Ramon; Concepcian James, resident of Antioch; Teresa Notarmaso, resident of Pleasant Hill; Scott Hutchinson, Local 21; Janie Smith, resident of Suisun City;  Donna Garro, Local 21; Douglas Parker, resident of Bay Point; Renata Pierce, Local 512; Ruth Atkin, ; Rich Lierly, resident of Martinez; Bob Britton, Local 21.  CONTINUED to August 16, 2011.  ATTACHMENTS Resolution No. 2011/323 ATTACHMENT A-1. County letter 7-18-11 ATTACHMENT A-2. LBFO Offer A ATTACHMENT A-3. LBFO Offer B ATTACHMENT B. L-21 Counter 7-19-11 ATTACHMENT C. Health Plan info. ATTACHMENT D. Pension Contribution ATTACHMENT E. Vacation Buy-Back ATTACHMENT F. Lower Cost Health Plan ATTACHMENT G. TA list ATTACHMENT G-1 Automated Timekeeping TA ATTACHMENT G-2. Days & Hours ATTACHMENT G-3. Vacation TA ATTACHMENT G-4. Leave of Absence TA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 08/09/2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2011/323 Terms and Conditions of Employment for employees represented by Professional & Technical Engineers, Local 21, AFL-CIO, Effective September 1, 2011. The Contra Costa County Board of Supervisors is acting solely in its capacity as the Governing Board of the County of Contra Costa. WHEREAS, the representatives of Contra Costa County (County) and representatives of Professional & Technical Engineers, Local 21, AFL-CIO (Local 21) have met and conferred in good faith on sixteen separate dates since on or about March 24, 2011. WHEREAS, on July 18, 2011, the County representatives presented the representatives of Local 21 with the County’s Last, Best, and Final Offers A and B. A copy of the July 18, 2011 letter and the County’s Last, Best, and Final Offers A and B are attached hereto as ATTACHMENT A. WHEREAS, on July 19, 2011, Local 21 presented the County representatives with a package counter proposal. A copy of the Local 21 package counter proposal is attached hereto as ATTACHMENT B. WHEREAS, the representatives continued to meet and confer in good faith on July 25, 2011. The Local 21 package counter proposal did not provide the needed structural changes the County had been seeking. At the end of the bargaining session on July 25, 2011, the parties agreed to extend the time for Local 21 to respond to the County’s Last, Best, and Final Offers A and B from July 25, 2011 until July 29, 2011, in order to allow Local 21 to conduct a membership meeting scheduled for July 27, 2011. WHEREAS, said representatives of Local 21 have requested at least three extensions of the deadline to respond to the County’s Last, Best, and Final Offers A and B on or about July 25, July 29, and August 1, 2011; WHEREAS, said representatives of Local 21 and the County have continued to exchange correspondence between July 26, 2011, and August 1, 2011, that has not resolved the differences between the parties; WHEREAS, the correspondence has not yet provided County representatives with significant movement to address the approximately 2.9 million dollar gap between the parties to address the structural changes needed by the County; WHEREAS, said representatives have failed to reach a tentative agreement on a variety of terms and conditions of employment, including economic, cost saving, and cost neutral terms, for the fiscal year beginning on July 1, 2011; WHEREAS, the impasse procedures set forth in Chapter 34-16 of Resolution No. 81/1165, as amended, (County’s Employer Employee Relations Resolution), have been exhausted; WHEREAS, the County representatives deem it now appropriate and in the public interest to bring this matter to the Board of Supervisors for final resolution; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The base rates of pay of all of the classifications represented by Local 21 are reduced by 5% beginning on September 1, 2011. 2. The specific dollar amounts of the County’s monthly premium subsidies for health and dental plans are stated, and the definition of “eligible family member” used for purposes of health plan coverage is modified, as set forth in ATTACHMENT C. 3. The amount that employees will pay toward the cost of their pension is increased as set forth in ATTACHMENT D. 4. The Vacation Buy Back benefit for current employees is reduced and ultimately eliminated and it is eliminated for new employees as set forth in ATTACHMENT E. 5. Three new lower cost health plans are added, contingent upon participation of other bargaining units, as set forth in ATTACHMENT F. 6. The four (4) Tentative Agreements agreed to by the representatives for Local No. 21 and the representatives for the County are approved and adopted. These four Tentative Agreements are set forth in ATTACHMENT G. Contact: Ted Cwiek, (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 9, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: ATTACHMENT C SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS 12.1 Health Plan Coverages: The County will provide the medical and dental coverage for permanent employees regularly scheduled to work twenty (20) hours or more per week and for their eligible family members, expressed in one of the Health Plan contracts and one of the Dental Plan contracts between the County and the following providers: A. Contra Costa Health Plans (CCHP), Plan A B.C. Kaiser Permanente Health Plan C.D. Health Net HMO D. Delta Dental E.G. DeltaCare (PMI) PMI Delta Care Dental B. Contra Costa Health Plans (CCHP), Plan B D. Kaiser Permanente Health Plan TBA F. Health Net HMO TBA G. Health Net PPO Employee co-pays for these plans are shown on Appendix E. 12.2 Monthly Premium Subsidy: A. For each health and/or dental plan, the County’s monthly premium subsidy is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: 1. Contra Costa Health Plans (CCHP), Plan A Single: $ 509.92 Family: $1,214.90 2. Contra Costa Health Plans (CCHP), Plan B Single: $528.50 Family: $1,255.79 3. Kaiser Permanente Health Plan Single: $478.91 Family: $1,115.84 4. Health Net HMO, and EPO Single: $627.79 Family: $1,540.02 5. Health Net PPO Single: $604.60 Family: $1,436.25 6. Delta Dental with CCHP A or B Single: $41.17 Family: $93.00 7. Delta Dental with Kaiser or Health Net Single: $34.02 Family: $76.77 8. Delta Dental Dental without a Health Plan Single: $43.35 Family: $97.81 9. DeltaCare (PMI) with CCHP A or B PMI Delta Care Dental with CCHP A or B Single: $25.41 Family: $54.91 10. DeltaCare (PMI) with Kaiser or Health Net PMI Delta Care Dental with Kaiser or Health Net Single: $21.31 Family: $46.05 11. DeltaCare (PMI) without a Health Plan PMI Delta Care Dental without a Health Plan Single: $27.31 Family: $59.03 A. Through December 31, 2009, the County will pay the following monthly premium subsidies for employees and their eligible family members for these health and dental plans: 1. Contra Costa County Health Plans, Plan A, ninety-eight percent (98%). 2. Contra Costa County Health Plans, Plan B, ninety percent (90%). 3. Kaiser Permanente Health Plan, eighty percent (80%). 4. Health Net HMO, eighty percent (80%). 5. Health Net PPO, fifty-eight and 05/100 percent (58.05%), provided that the County will pay only fifty percent (50%) of any premium increase in calendar year 2009. 6. Delta Dental and PMI Delta Care Dental when combined with Contra Costa County Health Plans, Plan A or Plan B, ninety-eight percent (98%). 7. Delta Dental when combined with Kaiser Permanente Health Plan, Health Net HMO or Health Net PPO, seventy-eight percent (78%). 8. PMI Delta Care Dental when combined with Kaiser Permanente Health Plan, Health Net HMO, or Health Net PPO, seventy-eight percent (78%). 9. Delta Dental or PMI Delta Care Dental for employees who do not receive any health care coverage from the County (or from CalPERS), one hundred percent (100%) less one cent ($.01). B. Premium Subsidy After December 31, 2009: 1. Plans other than CCHP A, CCHP B, Delta Dental/CCHP A and B, PMI Dental Care/CCHP A and B and Health Net PPO. Beginning on January 1, 2010, and for each calendar year thereafter, the County will pay a monthly premium subsidy for each health and each dental plan (other than CCHP health and coordinated dental plans and the Health Net PPO) listed above that is equal to the actual dollar monthly premium subsidy that is paid by the County in 2009. If there is an increase in the premium charged by a health or dental plan for 2010, the County and the employees will each pay fifty percent (50%) of that portion of the premium increase charged by the health or dental plan that does not exceed eleven percent (11%) of the 2009 premium. If the premium increase for 2010 exceeds eleven percent (11%) of the 2009 premium charged by the health or dental plan, the County additionally will pay that portion of the premium increase that exceeds eleven percent (11%) of the 2009 premium. If there is an increase in the premium charged by a health or dental plan for 2011, the County and the employees will each pay fifty percent (50%) of that portion of the premium increase charged by the health or dental plan that does not exceed eleven percent (11%) of the 2010 premium. If the premium increase for 2011 exceeds eleven percent (11%) of the 2010 premium charged by the health or dental plan, the County additionally will pay that portion of the premium increase that exceeds eleven percent (11%) of the 2010 premium. 2. CCHP A, CCHP B, Delta Dental/CCHP A and B, PMI Dental Care/CCHP A and B. Beginning on November 1, 2010, and for each calendar year thereafter, the County will pay a monthly premium subsidy for CCHP Plan A and the coordinated dental plans listed above that is equal to ninety-three percent (93%) of the total monthly premium that is paid for the plan in 2010. Beginning on November 1, 2010, and for each calendar year thereafter, the County will pay a monthly premium subsidy for CCHP Plan B that is equal to eighty-seven percent (87%) of the total monthly premium that is paid for the plan in 2010. If there is an increase in the premium charged by a CCHP health and/or coordinated dental plan for 2011, the County and the employees will each pay fifty percent (50%) of that portion of the premium increase that does not exceed eleven percent (11%) of the 2010 premium charged by the CCHP health and/or coordinated dental plan. If the premium increase for 2011 exceeds eleven percent (11%) of the 2010 premium charged by the CCHP health and/or coordinated dental plan, the County will additionally pay that portion of the premium increase that exceeds eleven percent (11%) of the 2010 premium. 3. Health Net PPO. Beginning on January 1, 2010, and for each calendar year thereafter, the County will pay a monthly premium subsidy for the Health Net PPO that is equal to the actual dollar monthly premium subsidy that is paid by the County in 2009. During the term of this Agreement, if there are increases in the premium charged by the Health Net PPO plan, the County and the employees will each pay fifty percent (50%) of any premium increase above the 2009 premium. 4 After June 29, 2011, the County will pay a monthly premium subsidy for each health and/or dental plan that is equal to the actual dollar amount of the monthly premium subsidy that is paid by the County in the month of May 2011. The amount of the County subsidy that is paid will thereafter be a set dollar amount and will not be a percentage of the premium charged by the health and/or dental plan. B. C. If the County contracts with a health or dental plan that is not listed above, the County will determine the monthly dollar premium subsidy that it will pay to that health plan for employees and their eligible family members. C. D. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 12.3 Retirement Coverage: A. Upon Retirement: 1. Upon retirement, eligible employees and their eligible family members may remain in their County health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are eithe r active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The County will pay the health/dental plan monthly premium subsidies set forth in Section 12.2 (A) 19.2(a) for eligible retirees and their eligible family members. until December 31, 2009. Beginning on January 1, 2010, The County will pay the same monthly premium subsidies for eligible retirees and their eligible family members as set forth in Section 19.2 (b). 2. Any person who becomes age 65 on or after January 1, 2009 and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after January 1, 2009 and their eligible family members, no monthly premium subsidy will be paid by the County for any health or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a any county health and/or dental plan provided that (i) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from County employment and (ii) he or she pays the full premium cost under the chosen health and/or dental plan without any County premium subsidy. B. Employees Who File For Deferred Retirement: Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and/or dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: a. be qualified for a deferred retirement under the 1937 Retirement Act provisions; b. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; b. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and d. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10 th of each month, to the Contra Costa County Auditor-Controller. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement. 5. Deferred retirees may elect retiree continued health benefits hereunder after retirement and may without electing not to maintain participation in their County health and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (A) (a) above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for County health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health/dental coverage as similarly situated retirees who did not defer retirement. C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: All employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsections (A) (a) and (B) (b), above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Agreement. D. Subject to the provisions of Section 12.3 19.3 subparts (A), (B), and (C) (a), (b), and (c) and upon retirement the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and dental plans or are eligible to retain continuous coverage of such plans: each employee who retires from a position or classification that was represented by this bargaining unit at the time of his or her retirement. E. For purposes of this Section 12.3 19.3 only, “eligible family members” does not include Survivors of employees or retirees. 12.6 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical and/or d ental plan Subscriber: A. Health Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s child to age 26 d. Employee’s Disabled Child who is: (1) over age 26, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. B. Dental Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: (1) Under age 19; or (2) Age 19, or above, but under age 24; and, i. Resides with the Employee for more than 50% of the year excluding time living at school; and, ii. Receives at least 50% of support from Employee; and, iii. Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s Disabled Child who is: (1) Over age 19, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. A. The Subscriber’s Legal Spouse. B. The Subscriber’s Qualified Domestic Partner. C. Children of the Subscriber, the Subscriber’s spouse, or the Subscriber’s Qualified Domestic Partner who are unmarried and are: 1. Under 19 years of age. 2. Age 19 and over, who are dependent qualifying children as defined by the Internal Revenue Service in Publication 501. 3. Age 19 and over, disabled and incapable of sustaining employment due to a physical or metal disability that existed prior to the child’s attainment of age 19, and who are qualifying dependent children as defined by the Internal Revenue Service in Publication 501. 4. Children who qualify as “dependent children” include natural children, step-children, adopted children, and any children specified in a Qualified Medical Support Order or similar court order. 12.7 Dual Coverage: A. On and after January 1, 2011, Each each employee and retiree may be covered by only a single County health (or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. B. On and after January 1, 2011, All all dependents, as defined in Section 12.6, Family Member Eligibility Criteria, may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when bot h husband and wife are County employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. C . For purposes of this Section 12.7 (Dual Coverage) only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including but not limited to, the Contra Costa County Fire Protection District. ATTACHMENT D SECTION 21 – RETIREMENT 21.1 Contribution. Effective on September 1, 2011, employees are responsible for the payment of eighty percent (80%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association. Pursuant to Government Code Section 31581.1, the County will pay twenty percent (20%) of the employee’s basic retirement benefit contributions determined annually by the Board of Retirement. Such County payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement, without the County paying any part of the employees’ contributions. Except as provided in Section 21.3 (Safety Employees Retirement Tier) subsection A, the County is responsible for one hundred percent (100%) of the employer’s retire ment contributions determined annually by the Board of Retirement. 21.2 Safety Employees Retirement Tier A. Tier A Safety Retirement Benefit 1. Retirement Benefit. For County employees who are covered by this Agreement and who are designated by CCCERA as safety members, the retirement formula of “3 percent at 50" applies. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) month salary average. This retirement benefit is known as Tier A. Each employee in Tier A will pay nine percent (9%) of his or her retirement base to pay part of the employer’s contribution for the cost of this Tier A safety retirement benefit. Such payments will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. ATTACHMENT E SECTION 41 – OTHER BENEFITS 41.10 VACATION BUY-BACK A. For Employees Hired Before August 1, 2011: Until close of business on August 31, 2011, employees hired before August 1, 2011, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once in each calendar year; (2) payment is based on an hourly rate determined by dividing the employee’s monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any calendar year is one-third (1/3) of the annual accrual. On and after August 31, 2011, employees hired before August 1, 2011, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once every thirteen (13) months and there must be at least 12 full months between each election; (2) payment is based on an hourly rate determined by dividing the employee’s monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any one sale is one-third (1/3) of the annual accrual. On and after June 30, 2012, employees hired before August 1, 2011, may no longer elect payment of their annual vacation accruals. Where a lump-sum payment is made to employees as a retroactive general salary adjustment for a portion of a calendar year that is subsequent to the exercise by an employee of the vacation buy-back provision herein, that employee’s vacation buy- back will be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed, provided that the period covered by the lump-sum payment includes the effective date of the vacation buy-back. B. For Employees Hired On and After August 1,2011: Employees hired on and after August 1, 2011, may not elect payment of their vacation accruals. ATTACHMENT F MEDICAL/DENTAL PLANS Coverages Offered The County offers the following plans: Contra Costa Health Plans (CCHP) A & B, Kaiser, HealthNet HMO & EPO, Delta and PMI Delta Dental. Co-Pays The health plan co-pays are as follows: CCHP A: No Charge CCHP B: No Charge in Network $5 Office Visit out of Network KAISER: $10 Office Visit $10 Generic RX $20 Brand RX $ 10 Emergency Room HEALTHNET HMO & EPO:$10 Office Visit $10 Generic RX $20 Formulary RX $35 Non-Formulary RX $25 Emergency Room HEALTHNET PPO: $10 Preventative Care O/V $5 Generic RX $5 Formulary RX No-Non-formulary RX $50 ER Deductible If the County meets Kaiser’s plan participation requirements for a lower cost health plan and is able to offer that lower cost plan, the health plan copays for the lower cost Kaiser plan are as follows: Kaiser: $500 Deductible Office Visit Copay (not subject to deductible) $20 Urgent Care Copay (not subject to deductible) $10 Lab & X-ray Copay (not subject to deductible) 10% Inpatient Hospital, Out Patient Surgical and Emergency Room (after deductible) $10 Generic RX $20 Formulary Brand RX $30 Non Formulary Brand RX $3000 per person & $6000 per family Annual Out of Pocket Maximum If the County meets HealthNet’s plan participation requirements for a lower cost HMO health plan and is able to offer that lower cost plan, the health plan copays for the lower cost HealthNet HMO plan are as follows: HealthNet HMO: $20 Office Visit Copay (not subject to deductible) $50 Urgent Care Copay (not subject to deductible) $1000 Inpatient Hospital Copay $500 Out-Patient Surgical Copay $100 Emergency Room Copay $10 Generic RX $20 Formulary Brand RX $35 Non-Formulary Brand RX $2000 per person & $6000 per family Annual Out of Pocket Maximum If the County meets HealthNet’s plan participation requirements for a lower cost PPO health plan and is able to offer that lower cost plan, the health plan copays for the lower cost HealthNet PPO plan are as follows: HealthNet PPO: $500 deductible 80%/20% in-network benefit 60%/40% out of network benefit $10 Generic RX $20 Formulary Brand RX $35 Non-Formulary Brand RX ATTACHMENT G 1) Tentative Agreement to revise Section 6.13 Automated Time Keeping signed on May 18, 2011; 2) Tentative Agreement to add new Section 6.9 Overtime Exempt Exclusion List signed on July 5, 2011; 3) Tentative Agreement to revise Section 8.8 Vacation Request Procedure signed on July 5, 2011; 4) Tentative Agreement to revise Section 10.2 F General Administration – Leaves of Absence.