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HomeMy WebLinkAboutMINUTES - 10202015 - D.11RECOMMENDATION(S): Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2015/403, which supersedes Resolution No. 2012/505, regarding compensation and benefits for unrepresented fire safety management classifications in the Contra Costa County Fire Protection District. FISCAL IMPACT: The FY 2015/16 fiscal impact of the increase to uniform allowance is estimated to be under $200; the VDT eyewear adjustment is an administrative change as the actual dollar amount has been $50 for several years; and the change to health care contributions is under $4,000. BACKGROUND: The Management Resolution for the Contra Costa County Fire Protection District has been modified in the following ways: Section 2.12 is amended to provide that for the plan year that begins on January 1, 2016, the District will contribute up to an amount equivalent to 80% of the 2016 CalPERS Kaiser premium. For the plan year that begins on January 1, 2017, the District will pay a monthly premium subsidy for each health plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for that plan as of November 30, 2016. If there is an increase in the monthly premium charged by a health plan for 2017, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, and for each plan, the District and the employee will each pay fifty (50%) of the monthly premium increase above the 2016 plan premiums. 1. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/20/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director, (925) 335-1023 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: October 20, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Harjit S. Nahal, Assistant County Auditor, Ann Elliott, Employee Benefits Manager D.11 To:Contra Costa County Fire Protection District Board of Directors From:David Twa, County Administrator Date:October 20, 2015 Contra Costa County Subject:Contra Costa County Fire Management Resolution No. 2015/403, which Supercedes Resolution No. 2012/505 BACKGROUND: (CONT'D) > In Section 4.13, language is added to specify a two percent (2%) Cost of Living Allowance (COLA) for PEPRA Tier employees who become new members of CCCERA on or after January 1, 2016, and to clarify retirement benefits for reciprocal Safety Members of CCCERA. 2. Section 17 is amended to update the dollar amount for VDT eyewear to the current $50.3. Section 19 is amended to increase the uniform allowance to $54.50 per month.4. The new classification of Deputy Fire Chief-Exempt (RPB2) is added to the list of classes on the face sheet to which the Resolution applies. The Deputy Fire Chief-Exempt is excluded from section 15 and included in sections 20 and 22. 5. The classification of Fire Training Chief (RWHA) was removed from the face sheet and section 20 as it is now a represented classification. 6. CONSEQUENCE OF NEGATIVE ACTION: Benefits for District management employees will be significantly different than represented employees' benefits, potentially making it more difficult to attract candidates for promotion. ATTACHMENTS Resolution No. 2015/403 Body of Fire Management Resolution No. 2015/403 1 RESOLUTION NO. 2015/403 TABLE OF CONTENTS Resolution No. 2015/403 I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES 1. Leaves With and Without Pay 1.10 Holidays (list of holidays observed by the District) 1.11 Definitions 1.12 Holidays 1.13 Holidays - Flexible Work Schedules 1.14 Holidays - Part-Time Employees 1.15 No Overtime Pay, Holiday Pay, or Comp Time 1.16 Personal Holiday Credit 1.17 Vacation 1.18 Sick Leave 1.19 Part-Time Employees 1.20 Family Care Leave 1.21 Leave Without Pay-Use of Accruals 2. Health and Dental Benefits 2.A. Health Plans 2.10 Health Plan Coverages 2.11 Contra Costa Health Plan (CCHP) 2.12 Health Plan Monthly Premium Subsidy 2.13 Retirement Coverage 2.14 Premium Payments 2.B. Dental and Life Insurance Plans 2.15 Dental Program 2.16 Dental Plan Premium Subsidy 2.17 Retirement Coverage 2.18 Life Insurance Benefit Under Health and Dental Plans 2.19 Supplemental Life Insurance 2.20 Premium Payments 2.21 Family Member Eligibility Criteria 2 RESOLUTION NO. 2015/403 2.C. General Provisions 2.22 Extended Coverage 2.23 Rate Information 2.24 Dual Coverage 2.25 Catastrophic Leave Program 2.26 Health Care Spending Account 2.27 PERS Long-Term Care 2.28 Dependent Care Assistance Program 2.29 Premium Conversion Plan 2.30 Prevailing Section 3. Mileage Reimbursement 4. Retirement Benefits 4.10 Contribution 4.11 Safety Employees Retirement- Tier A- Employees who Became Safety Members of CCCERA before January 1, 2013 4.12 Employees with More Than 30 Years of Continuous Service as Safety Members 4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees who Become Safety Members of CCCERA on or after January 1, 2013 5. 415H2 Participation 6. Training 6.10 Career Development Training Reimbursement 6.11 Management Development Policy 7. Bilingual Pay Differential 8. Higher Pay for Work in a Higher Classification 9. Other Terms and Conditions of Employment 9.10 Overtime Exempt Exclusion 9.11 Overtime 9.12 Length of Service Credits 9.13 Mirror Classifications 9.14 Deep Classes 9.15 Administrative Provisions 3 RESOLUTION NO. 2015/403 10. Management Longevity Pay 11. Deferred Compensation 12. Annual Management Administrative Leave 13. Management Life Insurance 14. Vacation Buy Back 15. Professional Development Reimbursement 16. Sick Leave Incentive Plan 17. Video Display Terminal (VDT) Users Eye Examination 18. Long-Term Disability Insurance 19. Uniform Allowance 20. Fire Management Educational Allowance Program 21. Fire Services Emergency Recall and Standby Differential 22. Executive Professional Development Reimbursement II. BENEFITS FOR FIRE CHIEF 23. Automobile 24. Executive Life Insurance 25. Fire Management Educational Reimbursement 26. No Fire Services Emergency Recall and Standby Differential 27. No Vacation Buy Back 28. Modified Personal Holiday Credit Maximum 1 of 22 RESOLUTION NO. 2015/403 I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES IN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 1. Leaves With and Without Pay 1.10 Holidays: The District will observe the following holidays during the term covered by this Resolution: New Year’s Day Labor Day Martin Luther King Jr. Day Veteran’s Day Washington’s Birthday Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Such other days as the Board of Supervisors may designate by Resolution as holidays. Any holiday observed by the District that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. 1.11 Definitions: Regular Work Schedule: The regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in a “workweek” as defined below. Workweek for Employees on Regular and Flexible Work Schedules: For employees on regular and flexible work schedules, the workweek begins at 12:01a.m. on Monday and ends at twelve midnight on Sunday. 1.12 Holidays Observed: Employees on regular and flexible work schedules are entitled to observe a holiday (day off work), without a reduction in pay, whenever a holiday is observed by the District. 1.13 Holidays – Flexible Work Schedules: When a holiday falls on the regularly scheduled day off of any employee who is on a flexible work schedule, the employee is entitled to take the day off, without a reduction in pay, in recognition of the holiday. These employees are entitled to request another day off within the same work week in recognition of their regularly 2 of 22 RESOLUTION NO. 2015/403 scheduled day off. The requested day off must be within the same work week as the holiday and it must be pre-approved by the employee’s supervisor. If the day off is not approved by the supervisor, it is lost. If the approved day off is a nine (9) hour workday, the employee must use one (1) hour of non-sick-leave accruals. If the approved day off is a ten (10) hour workday, the employee must use two (2) hours of non-sick-leave accruals. If the employee does not have any non-sick-leave accrual balances, leave without pay (AWOP) will be authorized. 1.14 Holidays – Part-Time Employees: Permanent, part-time employees are entitled to observe a holiday (day off work) in the same ratio as the number of hours in the part-time employee’s schedule bears to forty (40) hours. 1.15 No Overtime Pay, Holiday Pay, or Comp Time: Employees are not entitled to receive overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Employees who are unable or not permitted to observe a holiday (take the day off), are authorized to receive overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion List (see Section 9.10). 1.16 Personal Holiday Credit: Employees are entitled to accrue two (2) hours of personal holiday credit each month. This time is prorated for part-time employees. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from District service, employees are paid for any unused personal holiday credits at the employee’s then current rate of pay, up to a maximum of forty (40) hours. 1.17 Vacation: Employees are entitled to accrue paid vacation credit not to exceed the maximum cumulative hours as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 3 of 22 RESOLUTION NO. 2015/403 Each employee is eligible to accrue increased vacation hours on the first day of the month following the employee’s Service Award Date. An employee’s Service Award Date is the first day of his/her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in accordance with the provisions of the County Salary Regulations and District Personnel Bulletin No. 21 (Sick Leave Policy) adopted on August 10, 1995, as periodically amended. 1.19 Part-Time Employees: Part-time employees are entitled to accrue paid vacation and sick leave credit on a pro-rata basis. 1.20 Family Care Leave: The provisions of Section 1006.3 of the Contra Costa County Personnel Management Regulations and Resolution No. 94/416, as amended, relating to Leaves of Absence and Family Care Medical Leave apply to all employees covered by this Resolution. 1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of the Contra Costa County Personnel Management Regulations, as amended, relating to use of accruals while on leave without pay, apply to all employees covered by this Resolution. 2. Health, Dental and Related Benefits 2.A. Health Plans 2.10 Health Plan Coverages: Group health benefits through the California Public Employees’ Retirement System (CalPERS) are provided for all permanent full-time employees. The CalPERS health care program, as regulated by the Public Employees’ Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to PEMHCA and the administration of PEMHCA by CalPERS, controls on all health plan issues, including but not limited to eligibility, benefit levels, benefit plans, minimum premium subsidies, and costs. 2.11 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, employees and COBRA counterparts may elect to 4 of 22 RESOLUTION NO. 2015/403 enroll in CCHP under the CalPERS plan rules and regulations. 2.12 Health Plan Monthly Premium Subsidy: The District’s subsidies to the CalPERS monthly health plan premiums are as provided below. The employee must pay any Health Plan premium costs that are greater than the District’s subsidies identified below. a. Health Plan Premium Subsidy: 1. District Premium Subsidy through November 30, 2015. Beginning on January 1, 2010, and through November 30, 2015, the amount of the District premium subsidy that is paid for employees and eligible family members is a set dollar amount and is not a percentage of the premium charged by the plan. The District will pay the CalPERS statutory minimum employer monthly health plan premium subsidy or the following monthly health plan premium subsidy, whichever is greater: Employee/Retiree/Survivor Only $478.69 Employee/Retiree/Survivor & One Dependent $957.38 Employee/Retiree/Survivor & Two or more Dependents $1228.67 2. District Premium Subsidy through November 30, 2016. For the plan year that begins on January 1, 2016, the District will contribute up to an amount equivalent to eighty percent (80%) of the 2016 CalPERS Kaiser premium at each level (employee only, employee + 1, employee + 2 or more) towards the covered employee’s CalPERS or CalPERS Alternative Plan (CCHP) premium. 3. District Premium Subsidy On and After December 1, 2016. For the plan year that begins on January 1, 2017, the District will pay a monthly premium subsidy for each health plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for that plan as of November 30, 2016. In addition, if there is an increase in the monthly premium charged by a health plan for 2017, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, and for each plan, the District and the employee will each pay fifty percent (50%) of the monthly premium increase above the 2016 plan premiums. b. In the event that the District 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 District’s subsidy will not exceed one hundred percent (100%) of the applicable plan premium. 2.13 Retirement Coverage: Government Code section 22892 applies to all employees covered by this Resolution. 5 of 22 RESOLUTION NO. 2015/403 2.14 Premium Payments: Employee participation in any health plan is contingent upon the employee authorizing payroll deduction by the District of the employee’s share of the premium cost. If an employee’s compensation in any month (including during a leave of absence) is not sufficient to pay the employee share of the premium, the employee must pay the difference to the Auditor-Controller. The responsibility for this payment rests solely with the employee. 2.B. Dental and Life Insurance Plans 2.15 Dental Program: Every permanent employee may participate in any available County Group Dental Plan. The District may change dental plan providers at any time during the term of this resolution. 2.16 Dental Plan Premium Subsidy: The dental plan premium subsidies set forth below are provided only for permanent full-time employees and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week. The employee will pay any dental plan costs that are greater than the District’s premium subsidies set forth below. a. Beginning on January 1, 2010, and for each calendar year thereafter, the amount of the District premium subsidy that is paid for employees and eligible family members is a set dollar amount and is not a percentage of the premium charged by the dental plan. The District will pay the following monthly dental plan premium subsidies: Delta Dental with CCHP A or B: Single: $41.17 Family: $93.00 Delta Dental with any CalPERS health plan Single: $34.02 Family: $76.77 Delta Dental without a health plan Single: $43.35 Family: $97.81 DeltaCare (PMI) with CCHP A or B Single: $25.41 Family: $54.91 DeltaCare (PMI) with any CalPERS health plan Single: $21.31 6 of 22 RESOLUTION NO. 2015/403 Family: $46.05 DeltaCare (PMI) without a health plan Single: $27.31 Family: $59.03 b. If the District contracts with another dental plan, the District will determine the monthly dollar premium subsidy that it will pay to that dental plan for employees and their eligible family members. c. In the event that the District premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any dental plan, for any plan year, the District’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 2.17 Retirement Coverage: a. Upon Retirement: 1. Upon retirement and for the term of this resolution, employees and their eligible family members may remain in their District dental plan, but without District-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the District contracted dental plans, or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The District will pay the dental plan monthly premium subsidies set forth in Section 2.16, subsection a., for eligible retirees and their eligible family members. 2. For employees hired on or after January 1, 2009 and their eligible family members, no monthly premium subsidy will be paid by the District for any dental plan after they separate from District employment. Upon completion of fifteen (15) years of service as an employee of the District, an employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of any District dental plan, provided that (I) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from District employment and (ii) he or she pays the full premium cost under the chosen dental plan without any District premium subsidy. For purposes of retiree dental eligibility, one year of service is defined as one thousand (1,000) hours worked within one District anniversary year. 3. For purposes of this section 2.17 only, “eligible family members” does not include Survivors of employees or retirees. 7 of 22 RESOLUTION NO. 2015/403 2.18 Life Insurance Benefit Under Health and Dental Plans: For employees who are enrolled in a District sponsored health or dental plan as either the primary insured or a dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the District. 2.19 Supplemental Life Insurance: In addition to the life insurance benefits provided by this resolution, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand dollars ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 2.20 Premium Payments: Employee participation in any dental or life insurance plan is contingent upon the employee authorizing payroll deduction by the District of the employee’s share of the premium cost. The District’s subsidy to the dental and life insurance premium is payable monthly. If an employee’s compensation in any month (including during a leave of absence) is not sufficient to pay the employee share of the premium, the employee must pay the difference to the Auditor-Controller. The responsibility for this payment rests solely with the employee. 2.21 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a dental plan Subscriber: 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 who 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 over age 19, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s 8 of 22 RESOLUTION NO. 2015/403 attainment of age 19. 2. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 2.C. General Provisions 2.22 Extended Coverage: a. An employee on approved leave without pay for more than thirty (30) days may continue his/her health/dental/life insurance coverage provided that the employee pays his/her share of the monthly premium during said leave. b. An employee who separates from District employment is covered by his/her District health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from District employment may continue Group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. 2.23 Rate Information: The County-Benefits Service Unit will make dental plan rate information and, to the extent possible, CalPERS health plan rate information available to employees and departments, upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and departments information about rate changes as they occur during the year. 2.24 Dual Coverage: a. Each employee and retiree may be covered only by a single District health (or dental) plan, including a CalPERS plan. For example, a District employee may be covered under a single District health and/or dental plan as either the primary insured or the dependent of another District employee or retiree, but not as both the primary insured and the dependent of another District employee or retiree. b. All dependents may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are District 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 Section 2.24, only, “District” includes the County of Contra Costa, the Contra Costa County Fire Protection District, and all other special districts governed by the Board of Supervisors. 9 of 22 RESOLUTION NO. 2015/403 2.25 Catastrophic Leave Program: All employees are included in the District’s Program and may designate a portion of their accrued vacation, administrative leave or personal holiday credit to be deducted from existing balances and credited to a specific eligible employee. To utilize this program, all recipient requests must be submitted to the Fire Chief for review and recommendation to the County Administrator. The County Administrator will make final decision as to approval or denial of the request to use accruals in the Catastrophic Leave Bank. 2.26 Health Care Spending Account: After six (6) months of permanent employment, employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre- determined amount of money from their pay, before taxes, for health care expenses not reimbursed by any other health benefit plan. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 2.27 PERS Long-Term Care: The District will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long-Term Care Program. 2.28 Dependent Care Assistance Program: The District will continue to offer the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 2.29 Premium Conversion Plan: The District will continue to offer a Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 2.30 Prevailing Section: To the extent that any provision of this Section (Section 2. Health, Dental and Related Benefits) is inconsistent with any provision of any other District or County enactment or policy, including Administrative Bulletins, County Salary Regulations, and County 10 of 22 RESOLUTION NO. 2015/403 Personnel Management Regulations, or any other resolution or order of the Board of Supervisors, acting in any of its various capacities including as the Governing Board of the Contra Costa County Fire Protection District, the provisions of this Section (Section 2. Health, Dental and Related Benefits) will prevail. 3. Mileage Reimbursement The District will pay a mileage allowance for the use of personal vehicles on District business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible expense, adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the IRS, whichever is later. 4. Retirement Benefits 4.10 Contribution. Employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contribution determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association, without the District paying any part of the employees’ share. Employees are also responsible for payment of the employees’ contribution for the retirement cost-of-living program as determined annually by the Board of Retirement, without the District paying any part of the employees’ contribution. 4.11 Safety Employees Retirement- Tier A- Employees Who Became Safety Members of CCCERA Before January 1, 2013. The retirement formula of “3 percent at 50" applies to all employees who became Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012. 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) consecutive month salary average. This retirement benefit will be known as Safety Tier A. Each employee will pay nine percent (9%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. 4.12 Employees with More Than 30 Years of Continuous Service as Safety Members- Tier A. Beginning on January 1, 2008 and pursuant to Government Code section 31664.1, current and future employees in classifications that are governed by this Resolution and designated by the Contra Costa County Employees’ Retirement Association as safety members with credit for more than thirty (30) years of continuous service 11 of 22 RESOLUTION NO. 2015/403 as safety members, will not make payments from their retirement base to pay part of the employer’s contribution towards the cost of Safety Tier A. 4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees Who Become Safety Members of CCCERA on or after January 1, 2013. a. For employees who become Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and PEPRA Safety Option Plan Two (2.7% @ 57) applies. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. b. For employees who, under PEPRA, become Safety New members of CCCERA on or after January 1, 2016, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. c. Sections 4.11 and 4.12, above, apply to employees who, under PEPRA, become reciprocal Safety Members of CCCERA in Tier A, as determined by CCCERA. 5. 414H2 Participation The District will continue to implement Section 414(h) (2) of the Internal Revenue Code which allows the Auditor-Controller to reduce the gross monthly pay of employees by an amount equal to the employee’s total contribution to the County Retirement System before Federal and State income taxes are withheld, and forward that amount to the Retirement System. This program of deferred retirement contribution is universal and non-voluntary. 6. Training 6.10 Career Development Training Reimbursement: All full-time employees are eligible for career development training reimbursement not to exceed seven hundred fifty dollars ($750) per fiscal year. The reimbursement of training expenses includes books and is governed by any Administrative Bulletins on Travel or Training. 6.11 Management Development Policy: Employees are authorized to attend professional training programs, seminars, and workshops, during normal work hours at the discretion of their Fire Chief, for the purpose of developing knowledge, skills, and abilities, in the areas of supervision, management, and County/District policies and procedures. Up to thirty (30) hours of such training time is recommended annually. 12 of 22 RESOLUTION NO. 2015/403 a. The District is encouraged to provide for professional development training exceeding thirty (30) hours annually for people newly promoted to positions of direct supervision. b. Priority is given to professional training programs offered through the County Training Institute. Other related and appropriate training/education resources approved by the District are also allowable. c. To encourage personal and professional growth, the District provides reimbursement for certain expenses incurred by employees for job-related training (required training and career development training/education). Provision for eligibility and reimbursement identified in Administrative Bulletin 112.9. d. The Fire Chief is responsible for authorization of individual professional development reimbursement requests. Reimbursement is through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 7. Bilingual Pay Differential: A monthly salary differential will be paid to incumbents of positions requiring bilingual proficiency as designated by the Fire Chief and the Contra Costa County Director of Human Resources. The differential will be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential is one hundred dollars ($100.00) per month. The designation of positions for which bilingual proficiency is required is the sole prerogative of the District/County, and such designations may be amended or deleted at any time. 8. Higher Pay for Work in a Higher Classification: The County Salary Regulations notwithstanding, when an employee is required to work in a higher paid classification, the employee will receive the higher compensation for such work, pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in his/her regular position. Unless the Board has by Resolution otherwise specified, the higher pay entitlement will begin on the 41st consecutive hour in the assignment. 9. Other Terms and Conditions of Employment: 9.10 Overtime Exempt Exclusion: Employees in unrepresented classifications are overtime exempt and are not eligible for overtime pay, holiday pay, 13 of 22 RESOLUTION NO. 2015/403 overtime compensatory time, or holiday compensatory time. Instead, these employees are awarded Annual Management Administrative Leave in recognition of the extra burden their job responsibilities may sometimes place on their work schedules. However, unrepresented employees may be made eligible for overtime pay if their names are placed on the Overtime Exempt Exclusion List by the County Administrator’s Office. Employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay only. These employees are NOT eligible for holiday pay, overtime compensatory time, or holiday compensatory time. Employees on the Overtime Exempt Exclusion List are also NOT eligible for Annual Management Administrative Leave for the quarter they are on the Overtime Exempt Exclusion List. The policies and procedures for the Overtime Exempt Exclusion List are set forth in the County Administrator’s memo of November 6, 2002. 9.11 Overtime: Employees on the Overtime Exempt Exclusion List will be compensated at one and one-half (1.5) times their base rate of pay (excluding differentials) for authorized work exceeding eight (8) hours in a day or forty (40) hours in a week. 9.12 Length of Service Credits: Length of service credit will date from the beginning of the last period of continuous County/District employment, including temporary, provisional and permanent status and absences on an approved leave of absence; except that when an employee separates from a permanent position in good standing and is subsequently re- employed in a permanent County/District position within two (2) years from date of separation, the period of separation will be bridged. Under these circumstances, the service credits will include all credits accumulated at time of separation but will not include the period of separation. The service credits of an employee are determined from employee status records maintained by the Human Resources Department. 9.13 Mirror Classifications: As determined by the Director of Human Resources, employees in unrepresented job classifications that mirror management, represented or unrepresented job classifications may receive the salary and fringe benefits that are received by employees in the comparable mirror classifications. 9.14 Deep Classes: No provision of this Resolution regarding terms and conditions of employment supersedes any provision in any Deep Class Resolution. 9.15 Administrative Provisions: The County Administrator may establish guidelines, bulletins or directives as necessary to further define or implement the provisions of this resolution. 14 of 22 RESOLUTION NO. 2015/403 10. Management Longevity Pay 10.10 Ten Years of Service: Employees who have completed ten (10) years of service for the District are eligible to receive a two and one- half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. 10.11 Fifteen Years of Service: Employees who have completed fifteen (15) years of service for the District are eligible to receive an additional two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the fifteen (15) year service award. For employees who completed fifteen (15) years of service on or before January 1, 2008, this longevity differential will be paid prospectively only from January 1, 2008. 11. Deferred Compensation A. Deferred Compensation Incentive. The District will contribute eighty five dollars ($85) per month to each employee who participates in the County’s Deferred Compensation Plan. To be eligible for this incentive, the employee must contribute to the deferred compensation plan as indicated below: Monthly Contribution Employees with Qualifying Base Required to Maintain Current Monthly Contribution Incentive Program Salary of: Amount Eligibility $2,500 and below $250 $50 $2,501 - 3,334 $500 $50 $3,335 - 4,167 $750 $50 $4,168 - 5,000 $1,000 $50 $5,001 - 5,834 $1,500 $100 $5,835 - 6,667 $2,000 $100 $6,668 and above $2,500 $100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the eighty five dollar ($85) District supplement. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not 15 of 22 RESOLUTION NO. 2015/403 be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, will not be required to reestablish eligibility. B. Eligibility for Loan Program. All employees are eligible to apply for loans from the Contra Costa County Deferred Compensation Plan loan program established by the Board of Supervisors on June 26, 2012, by Resolution No. 2012/298. 12. Annual Management Administrative Leave a. On January 1st of each year, full-time employees will be credited with ninety four (94) hours of paid Management Administrative Leave. This time is non-accruable and all balances will be zeroed out on December 31 of each year. b. Permanent part-time employees are eligible for Management Administrative Leave on a prorated basis, based upon their position hours. Permanent-intermittent employees are not eligible for Management Administrative Leave. c. Employees appointed (hired or promoted) to unrepresented management positions are eligible for Management Administrative Leave on the first day of the month following their appointment date and will receive Management Administrative Leave on a prorated basis for that first year. d. Employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by twenty-five percent (25%) each time the employee is on the List. The twenty-five percent (25%) reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Annual Management Administrative Leave. 13. Management Life Insurance Employees are covered at District expense by term life insurance in the amount of fifty seven thousand dollars ($57,000) in addition to the insurance provided under Section 2.18. 14. Vacation Buy Back A. For Employees Hired Before October 1, 2011: Until close of business on September 30, 2011, employees hired before 16 of 22 RESOLUTION NO. 2015/403 October 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 October 1, 2011, employees hired before October 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. 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 October 1, 2011: Employees hired on and after October 1, 2011, may not elect payment of their vacation accruals, unless the employee was eligible for a Vacation Buy Back benefit before being promoted into any classification covered by this Resolution. 15. Professional Development Reimbursement With the exceptions of the Fire Chief, Assistant Chief(s), and Deputy Fire Chief, employees are eligible for reimbursement of up to six hundred twenty- five dollars ($625) for calendar year 2008 and for each two (2) year period thereafter, for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Fire Chief approval, provided each employee complies with the provisions of the County’s Computer Use and Security Policy adopted by the Board of Supervisors and manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. 17 of 22 RESOLUTION NO. 2015/403 Individual professional development reimbursement requests must be approved by the Fire Chief. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 16. Sick Leave Incentive Plan Employees may be eligible for a payoff of a part of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources, and is subject to the following conditions: a. The employee must have resigned in good standing. b. Payout is not available if the employee is eligible to retire. c. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment, excluding any sick leave use covered by the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. d. Payout is by the following schedule: Years of Payment Continuous Service Payment of Unused Sick Leave Payable 3 – 5 years 30% 5 – 7 years 40% 7 plus years 50% e. No payoff will be made pursuant to this section unless the Contra Costa County Employees’ Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in, and has withdrawn his or her contributions from, the Retirement Association. f. It is the intent of the Board of Supervisors that payments pursuant to this section preclude County retirement benefits resulting from employment by this County/District governed by the Board. 17. Video Display Terminal (VDT) Users Eye Examination Employees are eligible to receive an annual eye examination on District time and at District expense provided that the employee regularly uses a video 18 of 22 RESOLUTION NO. 2015/403 display terminal at least an average of two (2) hours per day as certified by the Fire District. Employees certified for examination under this program must make their request through the Benefits Service Unit of the County Human Resources Department. Should prescription VDT eyeglasses be prescribed for the employee following the examination, the District agrees to provide, at no cost, basic VDT eyewear consisting of a fifty dollar ($50) frame and single, bifocal or trifocal lenses. Employees may, through individual arrangement between the employee and the employee’s doctor and solely at the employee’s expense, include blended lenses and other care, services or materials not covered by the Plan. 18. Long-Term Disability Insurance The County will continue in force the Long-Term Disability Insurance program with a replacement limit of eighty-five (85%) of total monthly base earnings reduced by any deductible benefits. 19. Uniform Allowance Effective October 1, 2015, the monthly uniform allowance for all employees in classes for which a uniform is required shall be fifty-four dollars and fifty cents ($54.50) per month. 20. Fire Management Educational Allowance Program Employees in the specified Fire District management classifications who possess the certificates or educational degrees set forth below and/or meet the continuing educational requirements set forth below, are eligible for professional development educational allowances under the conditions set forth below. This program is intended to encourage the professional development of eligible Fire District Management personnel. Only the following classifications are eligible to participate in this educational allowance program: Assistant Fire Chief–Exempt (RPB1) Deputy Fire Chief- Exempt (RPB2) Fire Marshal (RJGA)  Supervising Fire Inspector (RJHC) Only the following job-related certificates and degrees are eligible for this program: 19 of 22 RESOLUTION NO. 2015/403 a. A Certificate of Achievement in Fire Technology, Business Administration, Management and Supervision, or a related field from an accredited college. b. An Associated of Arts or Science Degree from an accredited college with a major in Fire Technology, Business Administration, Management and Supervision, or a related field. c. A Chief Officer Certificate issued by the Office of the State Fire Marshal. d. A Baccalaureate Degree from an accredited college or university with a major in Business, Public Administration, or a related field. All allowances will be designated as either temporary or permanent and will be awarded in increments of two and one-half percent (2.5%) times the employee’s base rate of pay. The combined temporary and permanent educational allowances awarded to any employee may not exceed seven and one-half percent (7.5%) times the employee’s base rate of pay. The following conditions must be satisfied in order to earn the designated allowance: Temporary Allowance A temporary allowance of two and one-half percent (2.5%) times the employee’s base rate of pay may be awarded for annually completing at least forty (40) hours of pre-approved education or training or at least three (3) pre- approved college semester units (or equivalent quarter units), or a pre- approved combination thereof, in pursuit of any one of the certificates or degrees set forth in options (a) through (d) above or as pre-approved by the Fire Chief. A temporary allowance is effective for a period of only twelve (12) months, commencing on the first day of the month after proof of completion of course work is received and approved by the Fire Chief or designee. Temporary allowances automatically terminate at the end of month twelve (12). Permanent Allowances A permanent allowance of two and one-half percent (2.5%) times the employee’s base rate of pay may be awarded for possession of one (1) of the certificates or degrees set forth in options (a) through (d) above. Only one (1) two and one-half percent (2.5%) permanent allowance is available within this category. In the alternative, a permanent allowance of five percent (5%) may be 20 of 22 RESOLUTION NO. 2015/403 awarded for possession of those certificates or degrees in the following combinations only: (1) options (b) and (c) or (2) options (a) and (d). An employee receiving the five percent (5%) permanent allowance may not also receive the two and one-half percent (2.5%) permanent allowance. This program is subject to appropriate administrative guidelines and controls promulgated by the Fire Chief and approved by the Director of Human Resources to ensure that the standards set forth herein are met. Verification of eligibility must be by the Fire Chief or designee. Payment of any of the allowances set forth herein begins on the first day of the month following the month in which the Fire Chief verifies eligibility for that allowance. 21. Fire Services Emergency Recall and Standby Differential Effective September 1, 2002, each employee assigned to standby and emergency recall duty for a minimum of two (2) weeks each month is eligible for a salary differential in the amount of five percent (5%) times the employee’s base rate of pay. Each employee assigned to standby and emergency recall duty for one (1) week in each four (4) consecutive week period is eligible to receive a differential in the amount of two and one-half percent (2.5%) times the employee’s base rate of pay. 22. Executive Professional Development Reimbursement In lieu of the benefits provided in Section 15, the Fire Chief, Assistant Chief(s), and Deputy Fire Chief are eligible for reimbursement of up to nine hundred twenty-five dollars ($925) for calendar year 2008 and for each two (2) year period thereafter, for memberships in professional organizations, subscriptions to professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Fire Chief approval, provided each employee complies with the provisions of the County’s Computer Use and Security Policy adopted by the Board of Supervisors and manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Individual professional development reimbursement requests must be approved by the Fire Chief. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or cancelled check). Certifications regarding compliance with County’s Computer Use and Security Policy may be required. 21 of 22 RESOLUTION NO. 2015/403 II. BENEFITS FOR FIRE CHIEF As the Chief Officer of the Fire District and an Appointed Department Head, the Fire Chief receives the benefits provided under Part I, except as modified below: 23. Automobile The District will provide the Fire Chief with an appropriate vehicle. The Fire Chief is not eligible for an Automobile Allowance. 24. Executive Life Insurance In lieu of the insurance provided in Part I, Section 13, the Fire Chief is covered, at District expense, by term life insurance in the amount of sixty thousand dollars ($60,000), additional to the insurance provided under Section 2.18. 25. Fire Management Educational Reimbursement The Fire Chief is entitled to be reimbursed by the District for all Fire Management educational expenses (tuition, fees, books, and the like) incurred by the Fire Chief during his tenure as Fire Chief. 26. No Fire Services Emergency Recall and Standby Differential The Fire Chief is not eligible for the Fire Services Emergency Recall and Standby Differential set forth in Part I, Section 21 of this Resolution. 27. No Vacation Buy Back The Fire Chief is not eligible for the Vacation Buy Back plan set forth in Part I, Section 14 of this Resolution. 28. Modified Personal Holiday Credit Maximum Notwithstanding Section 1.16 in Part I, the Fire Chief may accrue no more than twenty four (24) hours of personal holiday credit. Further, on separation from District service, the Fire Chief will be paid for any unused personal holiday credits at his/her current rate of pay, up to a maximum of twenty four (24) hours. 22 of 22 RESOLUTION NO. 2015/403 [end]