HomeMy WebLinkAboutReso 61-20 Amending The Benefit Plan In Accordance With Personnel RulesReso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
RESOLUTION NO. 61 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING THE BENEFIT PLAN IN ACCORDANCE WITH PERSONNEL RULES
WHEREAS, the City Council adopts Personnel System Rules for employees of the City;
and
WHEREAS, the provision of employee benefits assists the City in attracting and retaining
quality employees; and
WHEREAS, the Personnel System Rules require the City Council to adopt a Benefit
Plan; and
WHEREAS, the identification of benefits in a single document will assist with the
administration of the personnel system; and
WHEREAS, the following benefit provisions shall be established in accordance with the
City of Dublin Personnel Rules; and
WHEREAS, the Benefit Plan was last adopted by Resolution 151-15 and subsequent
amendments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby amend the following benefits as a Benefit Plan.
Section 1. Eligible Employees: All benefits shall apply to full-time employees of the City of
Dublin, unless otherwise stated. The benefits outlined in this plan shall not be provided to
temporary (part or full-time), provisional or contract employees, or to individuals who provide
services to the City pursuant to contract unless the contract explicitly provides for such benefits.
Section 2. Medical Insurance: All City employees who are members of the California Public
Employees Retirement System (CalPERS) shall be eligible to select from plans administered by
the Public Employees Medical and Hospital Care Act (PEMCHA).
a. The City currently contracts with the California Public Employees’ Retirement System
(CalPERS) for the purpose of providing medical insurance benefits for active
employees and their eligible dependents, eligible retired employees, and eligible
survivors of retired employees. Eligibility of a dependent to participate in this program
shall be in accordance with the terms of the Public Employees’ Medical and Hospital
Care Act (PEMHCA). Eligibility of retired employees and survivors of retired
employees to participate in this program shall be in accordance with those provisions
of the PEMHCA providing for participation by CalPERS annuitants.
b. Effective January 1, 2016, the City’s employer contribution towards medical insurance
benefits for each eligible employee shall be the minimum contribution amount
required by Government Section 22892. Contributions provided under this Section are
required only to the extent mandated by PEMHCA.
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
c. In the event CalPERS requires a minimum employer payment in excess of the
amount recited above, the City shall pay such additional amounts as approved by the
City Council. Because CalPERS may change carriers and plans, the City shall not be
required to provide a specific insurance coverage and shall only be required to
provide those benefits as described in the Benefit Plan so long as the city contracts
for benefits with CalPERS for medical insurance benefits. The City shall provide each
eligible annuitant, as defined by the PEMHCA, with an employer contribution towards
medical insurance benefits that is equal to any contribution provided to active
employees under the Benefit Plan and in accordance with Government Code Section
22892.
Section 3: Alternative Benefit: Effective July 1, 2015, subject to proof of other health coverage
and completion of CalPERS Health Form HBD12 indicating same, eligible City employees who
are members of the California Public Employees Retirement System (CalPERS) and (1) elect to
opt-out of receiving City contributions under Government Code Section 22892; as described in
Section 2b; (2) are not enrolled in a City-sponsored health insurance plan as the dependent of
another City employee; and (3) provide proof of medical insurance coverage from a plan other
than a City-sponsored plan shall receive an alternative benefit in the form of a cash payment.
a. The amount of alternative benefit is $350 per month and benefit must be elected each
year during open enrollment or upon a qualifying event.
b. Any cash payment provided under this Section shall be paid and reported to the
Internal Revenue Service (IRS) and the California Franchise Tax Board as
compensation subject to income tax withholding and is considered a non-reportable
CalPERS payment/benefit. Each eligible employee shall be solely and personally
responsible for any tax liability that may arise out of receipt of the alternative benefits
provided under this Section.
Section 4: Dental Insurance: The City will contribute on behalf of each employee schedule to
regularly work at least 30 hours per week, a maximum of the “full-family premium” per month to
a dental insurance plan selected by the City. The City will contribute on behalf of each regular
employee scheduled to work between 20 to 29 hours per week, a maximum of the “employee
only” premium per month to a dental insurance plan selected by the City.
Section 5: Vision Insurance: The City will contribute on behalf of each employee schedule to
regularly work at least 20 hours per week, a maximum of the “employee only premium” per
month to a vision insurance plan selected by the City.
Section 6. Trust Fund/Health Reimbursement Arrangement (HRA):
a. Plan Limits: Beginning on calendar year January 1, 2021, full-time, regular
employees will have a $1,000 limit for eligible reimbursements. Employees
regularly scheduled to work between 20 and 30 hours per week shall have a pro-
rated share based on hours regularly scheduled.
b. Plan Year: The "Plan Year" shall cover reimbursements for eligible expenses
incurred between January 1 and December 31 of the calendar year.
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
c. Third Party Administrator (TPA)/Eligible Claims: Employees eligible for this benefit
may request reimbursement through the third-party administrator selected by the
City.
d. Administrative Rules: The reimbursement of any expenses pursuant to this
section shall be contingent upon the fulfillment of requirements pursuant to
provision of the Internal Revenue Code and the City’s selected third-party
administrator.
Section 7. Flexible Spending Account: The City shall make available a flexible benefit program
(tax deferred employee contribution) that can be applied to specific expenses, e.g., health
premiums, and medical, dental, and vision expenses not covered by the insurance plan. The
City’s plan is subject to the requirement and availability of Internal Revenue Code Section 125,
allowing employees to use pre-tax compensation for PEMHCA medical premiums, eligible
dependent care expenses, eligible uninsured medical expenses, or a combination thereof. All
costs associated with the enrollment and administration of an eligible employees account shall
be paid by the City.
a. The City shall not treat contributions made to the program as compensation subject to
income tax withholding unless the Internal Revenue Service and/or the Franchise Tax
Board indicates that such contributions are taxable income subject to withholding.
Each employee shall be solely and personally responsible for any federal, state, or
local tax liability of the employee that may arise out of the implementation of this
Section or any penalty that may be imposed, therefore.
b. Contributions to the flexible benefit program shall be used only for payment of those
benefits that are available through the City’s program. Any amount remaining after the
Employee has designated the portion of his or her flexible benefit (125 plan)
contribution amount for the purposes described in this Section shall be deemed
forfeited.
c. Each eligible employee shall file an election in writing during the month of open
enrollment for medical insurance each year designating how the contributions in his or
her flexible benefits account are to be spent during the ensuing year. Thereafter, no
changes to designations shall be allowed until the enrollment of the following year,
except for change for changes due to an eligible qualifying event.
d. Each employee shall be responsible for providing immediate written notice to the
Director of Human Resources of designee of any changes to the number of his or her
dependents which would affect the amount of the City’s payment into the program.
e. Beginning with the January 1, 2021 premium, eligible employees shall receive up to
$1,900 per month toward the premium cost for CalPERS health insurance based on
the employee’s annual plan election less the amount of any contribution provided by
the City directly to CalPERS under government Code Section 22892.
f. The City shall continue to provide a flexible benefit program as provided in this
Section unless amended or repealed by the City Council.
Section 8. Disability Insurance: The City will contribute on behalf of each regular employee
scheduled to regularly work at least 20 hours per week, the total premium cost of a Long-Term
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
Disability Plan selected by the City. In addition, the City Manager shall be authorized to
implement a short-term disability program, which would allow regular employees scheduled to
work at least 20 hours per week, to purchase short-term disability insurance through payroll
deductions, if such a plan is available.
Section 9. Life Insurance: The City will contribute on behalf of each full-time employee
scheduled to regularly work at least 40 hours per week, the total premium cost of a $50,000
Term Life Insurance Policy selected by the City. In addition, the City Manager shall be
authorized to implement a supplemental life insurance program, which would allow full-time
employees to purchase additional term life insurance through payroll deductions, if such a plan
is available.
Section 10. Retirement: The City will provide the California Public Employees Retirement
System 2.7% at age 55 (Section 21354.5 of the California Public Employees’ Retirement
System plan), effective August 20, 2005 and One Year Final Compensation (Section 20042 of
the California Public Employees’ Retirement System plan) to all eligible employees. The City
Council shall have the authority to amend the plan to include benefit options offered by the
Public Employees Retirement System.
Effective July 1, 2011, the City shall contribute zero (0%) to the Public Employees' Retirement
System (PERS) on behalf of all covered employees.
City employees shall pay 8% of the employees’ contribution rate effective July 1, 2011. The
City shall apply the provisions of Internal Revenue Code (IRC) 414(h)(2) to the eligible payroll
deductions for employee PERS contributions so long as such provision remains available to the
City.
Effective October 20, 2012, and pursuant to Article 2- Contract Provisions, Section 20516 of the
California Public Employees Retirement Law (PERL) Employee Cost Sharing of Additional
Benefits has been adopted up to a maximum of 4.072%. The City shall apply the provisions of
Internal Revenue Code (IRC) 414(h) (2) to all eligible payroll deductions for employee CalPERS
contributions. Employee Cost Sharing of Additional Benefits shall be determined during a review
of the February Consumer Price Index (CPI)- All Urban Wage Earnings and the City's Fiscal
Year budget process; not to exceed the maximum of 4.072%.
Effective January 1, 2013, the City shall comply with the California Public Employees' Pension
Reform Act of 2013 (PEPRA). Eligible employees who join the City's CalPERS retirement
system on or after January 1, 2013, and are considered New CalPERS members (as defined by
CalPERS) and shall have a retirement formula of 2%@ 62; 3-Year final compensation average
and shall contribute their portion toward a new CalPERS retirement tier as defined by law.
Effective July 11, 2015, and pursuant the adoption of City Ordinance 1-2015 (June 2, 2015), the
above variable sharing of additional benefits shall discontinue and pursuant to Article 2 -
Contract Provisions, Section 20516 of the California Public Employees Retirement Law (PERL)
Employee Sharing of Additional Costs shall be adopted to 7% for Classic local miscellaneous
CalPERS members and 3.05% for New local miscellaneous CalPERS members. The City shall
apply the provisions of Internal Revenue Code (IRC) 414(h) (2) to all eligible payroll deductions
for employee CalPERS contributions so long as such provision remains available to the City.
Section 11. Retiree Health Reimbursement Arrangement (HRA): The City shall make available a
Retiree HRA account to eligible employees who were hired before January 1, 2016, and who
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
retire from the City of Dublin while meeting the eligibility requirements for CalPERS retiree
health insurance as provide under PEMCHA laws.
a. Beginning on January 1, 2016, the City's Retiree HRA Plan Year shall begin January 1
and end December 31 of each calendar year.
b. Beginning with the January 1, 2021 CalPERS premium, eligible CalPERS annuitants
under the City of Dublin's CalPERS health contract shall receive reimbursement up to
$1,900 per month toward the cost of CalPERS health insurance premiums.
Reimbursement is provided in the form of cash to the eligible CalPERS annuitant on a
monthly basis based on the CalPERS annuitant's annual election less the amount of any
contribution provided by the City directly to CalPERS under Government Code Section
22892. In no event, shall the City's total reimbursement exceed the amount described in
this section.
c. Employees hired by the City on or after January 1, 2016, are not eligible for the Retiree
HRA as defined in this section. The City's maximum contribution toward CalPERS retiree
health coverage shall be the PEMCHA minimum contribution as determined by CalPERS
under Government Code Section 22892.
Section 12. Deferred Compensation Plan: Participation in a variety of deferred compensation
plans is offered. These shall be voluntary programs and the City will not contribute any funds on
behalf of an employee. Participation is currently offered in a program administered by the
International City Management Association/RC exclusively through December 2022.
Section 13. Holidays: The following days shall be deemed holidays in accordance with the
Personnel System Rules and the Resolution Establishing Management Positions Exempt from
Competitive Service and Prescribing Leave Benefits for the Positions:
a) New Year's Day January 1
b) Martin Luther King Jr. Day Third Monday in January
c) Washington's Birthday Third Monday in February
d Memorial Day Last Monday in May
e) Independence Day July 4
f) Labor Day First Monday in September
g) Veteran's Day November 11
h) Thanksgiving Day Fourth Thursday in November
I) Day following Thanksgiving Day following above
j) Day preceding Christmas December 24
k) Christmas Day December 25
l) Day preceding New Year's Day December 31
m) Floating Holiday Two (2) floating holiday per calendar year
effective January 1, 2021, which shall be
subject to the following restrictions:
1) Must be used during the calendar
year and cannot be carried over;
and
2) Requires advance approval of the
Department Head and the City
Manager.
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
Section 14. Education Reimbursement: Full-time and regular part-time employees shall be
eligible to participate in an education reimbursement program. The City shall only reimburse the
employee for courses undertaken which are job-related or are part of a job-related course of
study and/or degree program. The employee must obtain prior authorization from the City
Manager and reimbursement will only be provided upon submittal of proof of satisfactory
completion of the courses undertaken with a passing grade when applicable. The City will
reimburse an amount equal to 75% of the employee's tuition and/or fees, (including books). For
full-time employees, the amount reimbursed shall not exceed $2,000 per Fiscal Year beginning
July 1, 2020; for employees scheduled to work between 20-39 hours per week, the amount shall
be pro-rated based on regularly scheduled hours. The payment of any reimbursements shall be
contingent upon the fulfillment of reporting requirements established by the City Manager.
Section 15: Wellness Reimbursement Program: Beginning July 1, 2020, the City shall provide
a wellness reimbursement program of $25.00 per month to all regular full-time and part-time
employees. Eligible wellness expenses may include activities that promote health, wellbeing and
physical movement and/or exercise. Employees shall be reimbursed biennially on December
and June of each fiscal year.
Section 16: Employee Service Awards: Beginning July 1, 2020, regular full-time and part-time
employees may opt in for a cash service award in the year in which they complete 10, 15, 20,
and 25 years of service; cash award amounts are as follows: 10 years $500.00, 15 years
$600.00, 20 Years $800.00, 25 years $1,000.
Section 17. Employee Commute Alternative Program/Transit Commuter Program: The City
established an Employee Commute Alternative Program to help ease traffic congestion, improve
air quality in the Bay Area and work to achieve less stressful commutes. The City supports this
program by encouraging City employees to register with the 511 Regional Rideshare Program
through www.511.org and by participating in the Alameda County Congestion Management
Agency - Guaranteed Ride Home program. The City shall provide a $5.00 per day commute
alternative cash incentive to all eligible employees pursuant to providing proper commute
verification information. In addition, the City offers a pre-taxed Transit Commuter Program
administered through third-party administrator (WageWorks) for the cost of public transit. Both
Commuter programs comply with SB 1128, which require employers with 50 or more to offer at
least one commuter benefit option to employees.
Section 18. Car Allowance and Mileage Reimbursement: The following positions shall be
eligible to receive the designated monthly allowance. The receipt of the car allowance pursuant
to this section shall be full compensation for all operating costs excluding tolls, parking fees and
out of area travel.
a. Management Positions Receiving Monthly Allowance
Eligible Positions Monthly Allowance
Administrative Services Director/Finance Director $190
Assistant City Manager $190
Assistant Administrative Services Director $190
Assistant Director of Community Development $190
Assistant Parks and Community Services Director $190
Assistant Public Works Director/City Engineer $190
Capital Improvement Program Manager $190
Chief Building Official $190
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
Community Development Director $190
Economic Development Director/Public Information Officer $190
Economic Development Director $190
Human Resources Director $190
Parks & Community Services Director $190
Planning Manager $190
Public Works Director/Assistant City Engineer $190
Public Works Manager $190
Public Works Maintenance Superintendent $190
Public Works Transportation & Operations Manager $190
b. Miscellaneous Employees Receiving Car Allowance
The following position shall be eligible to receive the designated monthly car
allowance.
Eligible Position Monthly Allowance
Senior Civil Engineer $190
c. Operating Costs
Employees whose services and compensation are provided for under separate
agreement who receive a car allowance shall be eligible to receive 40 percent
(rounded up to the nearest cent) of the amount recognized by the Internal
Revenue Service for the use of a private vehicle as an operating cost.
d. Mileage Reimbursement
For employees not receiving a car allowance, when traveling on City business, the
City will reimburse the amount recognized by the Internal Revenue Service for the
use of a private vehicle.
e. Out of Area Travel Reimbursement
When traveling out of the area on City business, the City will reimburse the
amount recognized by the Internal Revenue Service for the use of a private
vehicle, or air transportation costs, whichever is less.
f. Administrative Requirements
The payment of any mileage reimbursements or car allowance shall be contingent
upon the fulfillment of requirements established by the City's accounting
procedures and other rules and policies.
Section 19. Resident Registration Fees: Effective July 1, 2015, non-resident employees shall
be granted Dublin resident fees and rates for City Parks and Community Services classes, trips
and facility rentals; priority registration does not apply
Section 20. The provisions of this benefit Plan shall be administered in accordance with the
regulations, policies and procedures issued by the City Manager or designee which shall
include, but not limited to, the method and frequency of reimbursement to eligible employees for
the benefit program(s) selected and appropriate procedures for the verification of payment made
pursuant to the Benefit Plan.
Section 21. This resolution shall be effective July 1, 2020 and shall supersede Resolution No.
151-15 and any previous resolutions adopted by the City Council which are in conflict.
Reso No. 61-20, Item 4.13, Adopted 06/16/20 Page 1
PASSED, APPROVED, AND ADOPTED this 16th day of June 2020, by the
following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk