HomeMy WebLinkAboutResolution No. 6754 RESOLUTION NO. 6754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
MODIFYING THE SICK -LEAVE PAY -OFF AT RETIREMENT PROGRAM
PROVIDED IN THE MEMORANDUM OF UNDERSTANDING FOR THE
DOWNEY CITY EMPLOYEES ASSOCIATION /MAINTENANCE UNIT AND
THE MEMORANDUM OF UNDERSTANDING FOR THE DOWNEY POLICE
OFFICERS' ASSOCIATION.
WHEREAS, the Memorandum of Understanding for the Downey City Employees
Association/Maintenance Unit, and the Memorandum of Understanding for the Downey Police
Officers' Association provides a sick -leave pay -off at retirement program; and
WHEREAS, the City has met with the Downey City Employees Association/
Maintenance Unit and the Downey Police Officers' Association, and they have agreed to modify
the sick -leave pay -off at retirement program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. DCEA- Modified MOU- Exhibit A. The Memorandum of Understanding
for the Downey City Employees Association/Maintenance Unit is modified as shown in Exhibit
A.
SECTION 2. Police Officers. - Modified MOU- Exhibit B. The Memorandum of
Understanding for the Downey Police Officers' Association is modified as shown in Exhibit B.
SECTION 3. Certification. The City Clerk shall certify to the adoption of this
Resolution and provide for the distribution thereof.
APPROVED AND ADOPTED this 13th day of April, 2004
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KIRK O. CARTOZIAN, Mayor
ATTEST:
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KATHLEEN L. MIDSTOKKE, City Clerk
RESOLUTION NO. 6754
PAGE TWO
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City
Council of the City of Downey at a regular meeting held on the 13th day of April, 2004, by the
following vote, to wit:
AYES: 5 Council Members: Bayer, McCarthy, Perkins, Trejo, Mayor Cartozian
NOES: 0 Council Member: None
ABSENT: 0 Council Member: None
ABSTAIN: 0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk
RESOLUTION NO. 6754
PAGE THREE
EXHIBIT "A"
DOWNEY CITY EMPLOYEES ASSOCIATION /MAINTENANCE UNIT
Article IX
Section 4 Sick Leave
G. Covered employees shall be paid fifty (50) percent of any sick leave at his death
or retirement, up to a maximum of seven hundred twenty (720) hours for one thousand, four
hundred and forty (1440) hours accumulation. Effective November 1, 2000, the amount paid
shall be sixty five percent (65 %) up to a maximum nine hundred thirty six hours (936) for one
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employee, such benefits shall be paid to the beneficiary of the employee's City life insurance
policy in the event of the employee's death, OR, Upon retirement of an eligible employee, 90%
of an employee's the employee may request that unused accumulated sick leave be deposited
into the City Retirement Health Savings Plan to be used for eligible medical expenses. The
maximum number of hours that will be deposited is 1,296 hours (90% of 1440). apple
1. Forty percent (40 %) of the hours accumulated, starting with the oldest
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2. The remaining sixty percent (60 %) shall be applied to the cost of health
insurance premiums. Effective November 1, 2000, the remaining ninety percent (90 %) shall be
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RESOLUTION NO. 6754
PAGE FOUR
EXHIBIT "B"
MODIFICATION OF ARTICLE VIII, SECTION 4, ITEMS G -J, AS FOLLOWS OF THE
POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING
G. Sick Leave Payoff on Retirement or Death
1. Covered employees shall be paid fifty percent (50 %) of any sick leave at his death
or retirement up to a maximum of seven hundred twenty (720) hours pay for one
thousand four hundred and forty (1440) hours accumulation. Unless otherwise
specified by the employee, such benefits shall be paid to the beneficiary of the
employee's City life insurance policy in the event of the employee's death.
Effective July 1, 2000, employees will be paid sixty -five percent (65 %) of any
sick leave at death or retirement, up to 936 hours for 1440 hours accumulated, or
2. Upon retirement of an eligible employee, the employee may request that 90% of
the employee's unused accumulated sick leave up to a maximum of 1,296 hours
(90% of 1440 hours) be applied to pay full premiums for employee and dependent
City health insurance coverage on the following basis:
a. Forty percent (40 %) of the hours accumulated, starting with the oldest hours
first, shall be deducted. Effective July 1, 2000, the forty per cent (40 %)
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b. The remaining sixty per cent (60 %) shall be applied to the cost of health
insurance premiums. Effective July 1, 2000, the sixty per cent (60 %) figure,
above, will be modified to ninety per cent (90 %).
3. The provisions of Section G shall terminate effective April 30, 2003
H. Unused Sick Leave Deposited into Retiree Medical Savings Plan.
1. The provisions of this section shall become effective May 1, 2004.
2. Upon retirement of an eligible employee, 90% of the employee's unused
accumulated sick leave up to a maximum of 1,296 hours (90% of 1,440 hours)
shall be deposited into the City Retirement Health Savings Plan to be used for
eligible medical expenses.
3. In the event an opinion letter from the Internal Revenue Service is obtained
which confirms that employees may elect either to (1) convert unused sick leave to -----
another form of leave prior to retirement; or (2) apply those hours to future
medical expenses without being taxed, the City agrees that it shall, at the request
of the Association, delete this Section H from the MOU and reinstate the option to
convert 65% of unused sick leave to another form of leave (to be agreed upon) or
to roll over 90% into the City Retirement Health Savings Plan.
RESOLUTION NO. 6754
PAGE FIVE
RI. Accrued sick leave shall be valued for the purpose of Section G or H above for
employees hired on or after June 30,1974, only on the following basis:
1. Sick leave earned on or after July 1,1974, shall be calculated at the rate
prevailing at the end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day's pay at the employee's rate of
pay in effect at the time of taking sick leave. For covered employees hired prior
to June 30, 1974; and/ or retirees with 20 years of City service,; or retirees with a
physical disability, or a psychological disability resulting from a direct
consequence of a violent act, sick leave shall be paid at the prevailing rate.
U. Employees who become entitled to accrued sick leave allowance which has not
been used, may convert sixteen (16) hours of accumulated sick leave to eight (8) additional hours
of vacation, after having accumulated three- hundred sixty (360) hours of sick leave and
providing that not more than eighty (80) hours of additional vacation days may be so converted
in any one (1) fiscal year.
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