HomeMy WebLinkAbout2013-10 - AMENDED SEE 2015-65; Adopt the Key & Management Compensation PlanRESOLUTION NO. 2013 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING THE KEY & MANAGEMENT COMPENSATION PLAN
WHEREAS, the City of Newport Beach has employees that are not represented
by an exclusively recognized collective bargaining unit and therefore are not covered by
a collective bargaining agreement; and
WHEREAS, the City Council of the City of Newport Beach has previously
established and recognized the unrepresented Key & Management Group, consisting of
certain management, professional and confidential classifications; and
WHEREAS, the City Council of the City of Newport Beach adopted the Key &
Management Compensation Plan ( "Plan ") to provide for salary and benefits for
employees in the Key & Management Group for the period July 1, 2010 through June
30, 2012; and
WHEREAS, the City Council of the City of Newport Beach desires to modify and
adopt a new Plan consistent with terms and conditions of employment of similarly
situated employees in other recognized Miscellaneous bargaining units.
NOW, THEREFORE, the City Council of the City of Newport Beach does
RESOLVE as follows:
Section 1. Wages, hours, fringe benefits and other terms of employment
of employees included in the Key & Management Group shall be provided in
accordance with the provisions of the attached Key & Management Compensation Plan
(Attachment A).
Section 2. The term of the Plan will be for thirty -six (36) months, effective
retroactively to July 1, 2012, through June 30, 2015.
Adopted this 22 °d day of January, 2013.
Mayor of the City of Newport Beach
Attachment A
City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
INTRODUCTION
Consistent with applicable laws, the following represents the salary and benefit program
established by the City Council for Key and Management. The Key and Management
Compensation Plan shall in no manner be interpreted as a guaranteed or implied
contract between the City and any employee or group of employees.
The Key and Management Group are divided into five categories:
• Executive Management
• Administrative Management
• Administrative Management- Safety
• Division Head
• Confidential
Appendix A lists all classifications in each category.
All Key and Management employees (excluding City Manager, City Attorney, and
City Clerk) will receive the following cost of living increases:
Effective the pay period including January 1, 2013 salaries will be increased by
an amount equal to the increase in the Consumer Price Index (CPI) Los
Angeles/Orange County Urban Wage Earners Index for the 12 month period
ending October 31, 2012 with a minimum 1.5% increase and a maximum 2.5%
increase.
Effective the pay period including January 1, 2014 salaries will be increased by
an amount equal to the increase in the Consumer Price Index (CPI) Los
Angeles/Orange County Urban Wage Earners Index for the 12 month period
ending on October 31, 2013 with a minimum 1.5% increase and a maximum
2.25% increase,
Effective the pay period including January 1, 2015 salaries will be increased by
an amount equal to the increase in the Consumer Price Index (CPI) Los
Angeles/Orange County Urban Wage Earners Index for the 12 month period
ending on October 31, 2014 with a minimum 1,5% increase and a maximum
2,01 increase,
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
*Executive Management salary ranges were recently adopted as part of the Fox
Lawson & Associates citywide Classification and Compensation Study. In order
to preserve ranges until Study conclusion, Executive Management will advance
equivalent to the COLA within the existing range.
& Range Advancement
Advancement through the salary range varies depending on the Group to which
the employee is assigned:
Executive Management - No steps; movement at the discretion of the City
Manager.
Administrative Management - Five -step range with eligibility for merit step
increases on an annual basis,
Administrative Management - Safety- Five -step range with eligibility for merit step
increases on an annual basis.
Division Head - Five -step range with eligibility for merit step increases on an
annual basis.
Confidential - Eight -step range with eligibility for merit step increases on an
annual basis.
Salary steps are placed in five percent (5 %) increments within the range for
Administrative Management, Administrative Management - Safety, Division Head,
and Confidential groups.
The manner in which employees advance through the range may be modified at
a later date, subject to changes in the City's compensation structure as a result
of the Fox Lawson & Associates Classification and Compensation Study.
C. Performance Reviews and Anniversary Dates
All Key and Management employees hired prior to 12/31101 will have a
December 1, or first full pay period in December, anniversary date. Key and
Management employees hired after December 2001 will have an anniversary
date based upon hire date and hours of service. All Executive Management
performance evaluations will be reviewed by the City Manager prior to
implementation of any range advancement.
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In
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
Upon determination of the Department Director that an employee's ability to
speak, read and /or write in Spanish or other language as approved, contributes
to the Department, the employee shall be eligible to receive $150 per month in
bilingual pay. A certification process will be conducted which will confirm that the
employee is fluent at the street conversational level in speaking, reading and /or
writing Spanish or other approved language.
Non - Exempt Overtime and Compensatory Time Off
Employees in non - exempt positions are eligible to receive overtime or
compensatory time off. Overtime for non - exempt positions shall be paid at one -
and -one -half (1'h) times the employee's regular rate of pay. Overtime work must
be approved by the employee's supervisor. Compensatory time off for non-
exempt positions shall accrue at the rate of one - and - one -half (11/2) times for
every overtime hour worked. Employees may accumulate up to eighty (80) hours
of Compensatory Time. Any hours in excess of eighty (80) will be paid off.
Accumulation in excess of the eighty (80) hours may be approved at the
discretion of the Department Director.
Jury Duty
An Employee called to serve as a juror shall notify his /her Supervisor on the first
Workday following receipt of the summons. Any Employee of the City legally
required to serve as a juror shall be entitled to leave with pay and all benefits for
a period of up to sixty (60) days so long as his /her presence is legally required.
LEAVES
A. Holidays
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Observed
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday following Thanksgiving
December 24 - last half of working day
December 25
December 31- last half of working day
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
New Year's Day
Martin Luther King Birthday
Washington's Birthday
Memorial Day
Floating Holiday
January 1
Third Monday in January
Third Monday in February
Last Monday in May
(1) July 1$`
For 2012 only, the % day Christmas Eve and ! day New Year's Eve holidays will
be considered full day holidays.
Effective the pay period including January 1, 2013, holidays will be paid based on
the employee's regular work day schedule. For example, if an employee is on a
9180 schedule and the holiday is observed on a day that the employee is
regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours
of holiday pay. However, if an employee is on a 9180 schedule and the holiday is
observed on a day that the employee is regularly scheduled to work 8 hours, the
employee is entitled to receive 8 hours of holiday pay. Employees will receive 8
hours of holiday pay annually for the Floating Holiday,
Holidays listed above (except the floating holiday) occurring on a Saturday shall
be observed the preceding Friday. Holidays occurring on a Sunday shall be
observed on the following Monday. (Half day holidays shall be observed prior to
the observed holiday).
B. Flex Leave
Regular full -time employees in the Administrative Management, Administrative
Management - Safety, Division Head and Confidential categories enrolled in the
flex leave program will earn leave according to the following schedule:
Years of Continuous
Hrs Accrued
Annual
Maximum
Service
per Pay Period
Cos
Allowable
Balance (hours)
1 but less than 5
5.54
18
432.12
5 but less than 9
6.15
20
479.70
9 but less than 12
6.77
22
528.06
12 but less than 16
7.69
25
599.82
16 but less than 20
8.31
27
648.18
20 but less than 25
8.92
29
695.76
25 and over
9.54
31
744.12
Effective the pay period including January 1, 2013, employees shall accrue Flex
leave at the following rates (superseding the rates listed above):
C!
City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective
July 1, 2012 through June 30, 2015
Maximum
Years of Continuous
Hrs Accrued
Annual
Maximum
Years of Continuous
Hrs Accrued
Annual
Allowable
Service
per Pay Period
hours Balance (hours)
1 but less than 5
6.00
156.00
468.00
5 but less than 9
6.61
171.86
515.58
9 but less than 12
723
189.98
563.94
12 but less than 16
8.15
211.90
635.70
16 but less than 20
8.77
228.02
684.06
20 but less than 25
9.38
243.88
731.64
25 and over
10.00
260.00
780.00
Spillover: Employees hired prior to July 1, 1996 shall be paid for earned flex
leave in excess of the employee's maximum accrual rate (spillover) provided that
they utilized at least 80 hours flex leave the previous calendar year. Employees
with 16 or more years of continuous service are required to use 120 hours of flex
leave the previous calendar year.
Regular full -time employees in the Executive Management category will earn flex
leave according to the following schedule:
Effective the pay period including January 1, 2013, employees shall accrue Flex
leave at the following rates (superseding the rates listed above):
Maximum
Years of Continuous
Hrs Accrued
Annual
Allowable
Service
per Pay Period
hours
Balance (hours)
1 but less than 15
8.31
216.06
648
15 and over
9.23
239.98
720
Effective the pay period including January 1, 2013, employees shall accrue Flex
leave at the following rates (superseding the rates listed above):
During the first six months of full -time employment, new regular employees shall
not accrue paid leave. At the completion of six months of employment six
months of accrued leave will be placed in the employee's account.
Note: If an employee becomes sick in the first six months of employment, the
City will advance up to six (6) months of accrued flex leave time to be used for
the illness only. if the employee terminates employment prior to six (6) months,
5
Maximum
Years of Continuous
Hrs Accrued
Annual
Allowable
Service
per Pay Period
hours
Balance (hours)
1 but less than 15
8.77
228
684.06
15 and over
9.69
252
755.82
During the first six months of full -time employment, new regular employees shall
not accrue paid leave. At the completion of six months of employment six
months of accrued leave will be placed in the employee's account.
Note: If an employee becomes sick in the first six months of employment, the
City will advance up to six (6) months of accrued flex leave time to be used for
the illness only. if the employee terminates employment prior to six (6) months,
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
the employee will repay the equivalent to the number of Flex leave days that
were advanced to the employee. Any Flex leave time advanced during the first
six (6) months of employment will be subtracted from the six (6) months of
accrual placed in the employees account upon completion of six months
employment.
1. Limit on Accumulation
Employees first hired, or rehired by the City subsequent to July 1, 1996,
shall not be eligible for flex leave spillover pay and shall not be entitled to
accrue flex leave in excess of the flex leave accrual threshold.
2. Method of Use
Flex leave may not be taken in excess of that actually accrued, and in no
case, except for illness, may it be taken prior to the completion of an
employee's initial probationary period.
The Department Director shall approve all requests for flex leave, taking
into consideration the needs of the Department, and whenever possible,
the seniority and wishes of the employee.
C. Sick Leave
Key and Management employees employed by the City prior to initiation of the
flex leave program had separate sick and vacation leave banks. With the
initiation of the flex leave program, vacation leave was converted to flex leave on
an hour for hour basis and any sick leave hours remained in a bank to be used
as provided in Section 11.2 (Sick Leave) of the Employee Policy Manual,
D. Dependent Care
Employees may use up to % of Flex Leave accrued per year to provide care for
any member of the employee's immediate family in need of care due to illness or
injury.
E. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his /her immediate family." For the purposes of this section,
immediate family shall mean father, mother (including step), brother, sister,
spouse /domestic partner, child, and grandparents, or the employee's
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
spousesldomestic partner's father, mother, brother, sister, child and
grandparents. Employees shall be entitled to 40 hours of bereavement leave per
incident per year.
Administrative Leave
All overtime, either paid or compensatory time off, will be eliminated for FLSA
exempt Management personnel. In its place, Administrative Leave will be
granted, for a minimum of 8 hours and a maximum of 80 hours, to be determined
by the Department Director with the concurrence of the City Manager, based
upon the number of overtime hours normally worked by the individual exempt
employee.
G. Leave Sellback
Twice annually, employees shall have the option of selling back, on an hour for
hour basis, accrued flex or vacation leave. In no event shall the flex or vacation
leave balance be reduced below one hundred and sixty {180} hours. Hours sold
back will be subject to the Retiree Health Savings Plan Part C contributions, per
Section 2 (a), Retiree Medical Benefits. For the term of this Compensation Plan
the Part C contributions for Flex/Vacation will be at 30 %.
BENEFITS
A. Insurance
1. Medical and Dental Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition to
the contribution amounts listed below, the City shall contribute the
minimum CaIPERS participating employer's contribution towards medical
insurance for employees enrolled in a CaIPERS medical plan, per
Government Code Section 22892.
Effective the first pay issue in January 2013, the City's contribution
towards the Cafeteria Plan will increase to $1,349 (plus the minimum
CaIPERS participating employer's contribution).
Effective the first pay issue in January 2014, the City's contribution
towards the Cafeteria Plan will increase to $1,449 (plus the minimum
CaIPERS participating employer's contribution).
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
Effective the first pay issue in January 2015, the City's contribution
towards the Cafeteria Plan will increase to $1,549 (plus the minimum
CaIPERS participating employer's contribution).
Employees shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision insurancetprograms.
Unused Cafeteria Plan funds shall be payable to the employee as taxable
cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Key and Management employees who do not want to enroll in any medical
plan offered by the City must provide evidence of group medical insurance
coverage, and execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage, on an
annual basis. The maximum cafeteria allowance provided to employees
who execute an opt -out agreement is $1,249 per month effective January
2013. Employees hired after adoption of this 2012 -2015 Compensation
Plan, and who execute an opt -out agreement, will receive a maximum
cafeteria allowance of $600 per month.
2. Vision Insurance
Employees may purchase vision insurance upon hire and during benefits
open enrollment.
3. Healthcare Reform
Certain State and Federal laws, programs and regulations, including the
Affordable Care Act, may impact future medical plan offerings. In the
event reform measures alter healthcare coverage options, cost, or other
elements of healthcare services with the City's Miscellaneous bargaining
units, cafeteria and /or healthcare benefits for employees in the Key and
Management Group will be similarly provided.
4, Disability Insurance
The City shall provide disability insurance with the following provisions:
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
Weekly Benefit
Maximum Monthly Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000
$15 (STD) /$100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Employees are responsible for the payment of the disability insurance cost
in the amount of one (1 %) percent of base salary.
Additional Benefits
1. IRS Section 125 Flexible Spending Account
The City provides a qualified Section 125 Flexible Spending Account
which authorizes an employee to reduce taxable income for payment of
allowable expenses such as child care and medical expenses.
2. Life Insurance
The City shall provide life insurance for all regular full -time employees in
$1,000 increments based on annual salary up to $50,000.
3. EmploVee Assistance Program
Employees are eligible to receive EAP benefits, which provide confidential
counseling and education on work and life issues, subject to provider
guidelines.
Retirement Benefits
1. PERS Retirement Formula
The City contracts with California Public Employees Retirement System
(PERS) to provide retirement benefits for its employees. Pursuant to prior
agreements and state mandated reform, the City has implemented first,
second and third tier retirement benefits.
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
Tier 1: For employees hired by the City on or before November 23, 2012,
the retirement formula shall be 2.5% @ 55 calculated on the basis of the
best/single highest year.
Tier 2: For employees first hired by the City between November 24, 2012
and December 31, 2012, or hired on or after January 1, 2013 and are
current members of the retirement system, as defined in Public
Employees Pension Reform Act, the retirement formula shall be 2% @ 60
calculated on the average 36 highest month's salary.
Tier 3: For employees first hired by the City on or after January 1, 2013,
and who do not meet the Tier 2 criteria, the retirement formula shall be 2%
@ 62 calculated on the average 36 highest month's salary.
The City's contract with PERS also provides the 4th Level 1959 Survivor
Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit,
Military Service Credit, 2% Cost of Living Adjustment and the pre -
retirement option settlement 2 death benefit (Section 21548).
2. Employee Contributions
Key and Management employees will contribute additional amounts
toward the PERS retirement benefit, to the extent permissible by law. By
June 2015 Key and Management employees in each Tier will contribute
12.35% of pensionable pay toward the retirement benefit, representing a
nearly 50% share in the total cost.
Employee retirement contributions that are in addition to the normal PERS
Member Contribution shall be calculated on base pay, special pays, and
other pays normally reported as TERSable" compensation, and will be
made on a pre -tax basis through payroll deduction, to the extent allowable
by the government tax code. It is recognized that these payments will not
be reported to PERS as contributions toward either the member or
employer rate and fall outside the scope of "cost- sharing" as provided
under GC Section 20516(f).
Tier 1 Employees: Effective upon City Council approval of the
Compensation Plan:, 1) Employees will continue to contribute 5.58%
toward the Member Contribution and 2.42% toward the Employer
Contribution for a total of 8 %, as provided in the prior Compensation Plan,
and 2) the City will eliminate reporting the value of the 2.42% Employer
Paid Member Contribution (EPMC) as special compensation.
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
Effective the pay period including June 30, 2013, Tier 1 employees shall
contribute an additional 1.45% of pensionable pay toward retirement costs
pursuant to Government Code Section 20516 0, for a total of 9.45 %.
Effective the pay period including June 30, 2014, Tier 1 employees shall
contribute an additional 1.45% of pensionable pay toward retirement costs
for a total of 10.90 %; and effective the pay period including June 30, 2015,
Tier 1 employees shall contribute an additional 1.45% of pensionable pay
toward retirement costs, for a total employee contribution of 12.35 %.
Tier 2 Employees: Upon City Council approval of the Compensation Plan,
employees will continue to contribute the full 7.0% statutory PERS
Member Contribution. Effective the pay period including June 30, 2013
Tier 2 employees shall contribute an additional 2.45% of pensionable pay
toward retirement costs pursuant to Government Code Section 20516(0,
for a total of 9.45 %. Effective the pay period including June 30, 2014, Tier
2 employees shall contribute an additional 1.45% of pensionable pay
toward retirement costs for a total of 10.90 %; and effective the pay period
including June 30, 2015, Tier 2 employees shall contribute an additional
1.45% of pensionable pay toward retirement costs, for a total employee
contribution of 12.35 %.
Tier 3 Employees: The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public Employees
Pension Reform Act of 2012 (PEPRA) and equals 50% of the `total normal
cost" For FYI 2-13, the employee rate is 6.25% and is subject to change
based on annual PERS actuarial valuations.
Effective the pay period including June 30, 2013, in addition to the
statutorily required 50% contribution of total normal costs, Tier 3
employees shall contribute an additional 3.20% of base pay toward
retirement pursuant to Government Code Section 205160, for a total of
9.45 %. If the FY13 -14 member contribution rate for employees in Tier 3 is
greater or less than 6.25 %, as determined by PERS valuation, the
additional contribution made by the employee under 205160 will be
increased or decreased accordingly, such that the total contribution equals
9.45 %.
Effective the pay period including June 30, 2014, in addition to the
statutorily required 50% contribution of total normal costs, Tier 3
employees shall contribute an additional 4.65% of pensionable pay toward
retirement. If the FY14 -15 member contribution rate for employees in Tier
3 is greater or less than 6.25 %, as determined by PERS valuation, the
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
additional contribution made by the employee under 20516(0 will be
increased or decreased accordingly, such that the total contribution equals
10.9 %.
Effective the pay period including June 30, 2015, in addition to the
statutorily required 50% contribution of total normal costs, Tier 3
employees shall contribute an additional 6.10% of pensionable pay toward
retirement if the FY15 -16 member contribution rate for employees in Tier
3 is greater or less than 6.25 %, as determined by PERS valuation, the
additional contribution made by the employee under 20516(0 will be
increased or decreased accordingly, such that the total contribution equals
12.35 %.
3. LIUNA Supplemental Pension
The City shall contribute, on behalf of each Key and Management
employee, one and one half percent (1.5 %) of base salary into the LIUNA
Supplemental Pension Fund. The City's sole obligation is to forward the
agreed upon amount to the fund. The City is not responsible for, nor does
it make any representation regarding, the payment of benefits to unit
members.
Effective January 1, 2007, the City increased the base salary of all Key &
Management employees by 1.5 %, and then deducted that same amount
as a mandatory employee contribution. For tax purposes, the
contributions, although designated employee contributions, are being paid
by the employer in lieu of contributions by the employee. The contributions
are deemed "picked -up' and treated as employer contributions, thereby
excluding the employee's gross income until distributed. Employees
cannot opt out of the "pick -up," or receive the contributed amounts directly
instead of having them paid to the plan. Participation at the same level
will continue to be mandatory for members of the Key & Management
Group. In accordance with correspondence received from a legal expert
retained by the City, this amount will not be taxable, except for Medicare.
Minor changes to other compensation related items that are calculated
from base salary will also result from this administrative change.
Key & Management employees who leave City employment prior to
vesting in the LIUNA pension plan will have no right to the return of
amounts contributed, or other recourse against the City concerning
LIUNA.
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
As of date of adoption of this Compensation Plan, pursuant to
Government Code 7518.22(c) under the California Public Employees
Pension Reform Act of 2092, effective January 9, 2013, newly hired
employees may be ineligible to participate in the LIUNA Supplemental
Pension Fund,
Retiree Medical Benefits
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified Into one
of four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006, was less
than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2006.
d, Category 4 - Employees who had already retired from the City prior
to January 1, 2006, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program - "MERP").
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account (Employee
Account). This account will accumulate contributions to be used for
health care expense after separation. All contributions to the plan
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
are either mandatory employee contributions or City paid employer
contributions, so they are not taxable to employees at the time of
deposit. Earnings from investment of funds in the account are not
taxable when posted to the account. Benefit payments are not
taxable when withdrawn, because the plan requires that all
distributions be spent for specified health care purposes.
Contributions will be in three parts:
Part A contributions (mandatory employee contributions): 1% of
Salary.
Part B contributions (employer contributions): $2.50 per month for
each year of service plus year of aye (updated every January 1sf
based on status as of December 315 of the prior year).
Part C contributions (leave settlement as determined by Key and
Management employees):
Key and Management employees will determine the level of
contribution, subject to the following constraints. All employees
within Key and Management must participate at the same level.
The participation level should be specified as a percentage of the
leave balance on hand in each employee's leave bank at the time
of separation from the City.
For example, if Key and Management employees determine to
specify 50% of the leave balance as the participation level, then
each member leaving the City or cashing out leave at any other
time, would have the cash equivalent of 50% of the amount that is
cashed out added to the RHS, on a pre -tax basis. The remaining
50% would be paid in cash as taxable income. Individual
employees would not have the option to deviate from this breakout.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Sick leave
participation is a separate item from vacation /flex leave
participation, and thresholds must be separately identified by the
Key and Management group.
Key and Management employees have agreed to Part C
contributions at the level of 0% of sick leave and 30% of Flex
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City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
leave. This amount may be changed, on a go forward basis, as
determined among the Key and Management group.
Nothing in this section restricts taking leave for time off purposes.
Part A contributions may be included in PERS compensation. Part
B and Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period.
Eligibility for Part B contributions is set at five years of vested City
employment. At that time, the City will credit the first five years
worth of Part B contributions into the Employee Account (interest
does not accrue during that period). Thereafter, contributions are
made bi-weekly. Part C deposits, if any, will be made at the time
of employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account
balance is zero. This right is triggered upon separation. If an
employee leaves the City prior to five years employment, only the
Part A contributions and Part C leave settlement contributions, if
any, will be in the RHS Employee Account. Such an employee will
not be entitled to any Part B contributions.
Distributions from RHS Employee Accounts are restricted to use
for health insurance and medical care expenses after separation,
as defined by the Internal Revenue Code Section 213(d) (as
explained in IRS Publication 502), and specified in the Plan
Document. In accordance with current IRS regulations and
practices, this generally includes premiums for medical insurance,
dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical
expenses not covered by insurance for the employee and his or
her spouse and legal dependents — again only as permitted by IRS
Publication 502, Qualification for dependency status will be
determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse
and/or other authorized dependents (if any) must be forfeited,
15
City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
01
C.
That particular RHS Employee Account will be closed, and any
remaining funds will become general assets of the plan.
The City's Part B contributions during active employment
constitute the minimum CaIPERS participating employer's
contribution towards medical insurance after retirement. In
addition, retirees selecting a CaiPERS medical plan or any other
plan with a similar employer contribution requirement, the required
City contribution will be withdrawn from the retiree's RHS account.
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a
one -time City contribution to their individual RHS accounts that
equates to $100 per month for every month they contributed to the
previous "defined benefit" plan, to a maximum of 15 years (180
months). This contribution will be made only if the employee retires
from the City and at the time of retirement. No interest will be
earned in the interim.
Employees in Category 2 who had less than five years service with
the City prior to implementation of the new program will only
receive Part B contributions back to January 1, 2006 when they
reach five years total service.
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City
after retirement is $4,800 per year, accruing at the rate of $400per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
ii
City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
Employees in this category will also receive an additional one -time
City contribution of $75 per month for every month they contributed
to the previous plan prior to January 1, 2006, up to a maximum of
15 years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar
can be used for any IRS authorized purpose, not lust City insurance
premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month
to each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions taken
by each employee, such as fees or commissions for trades, will be paid
by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1% of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part B).
E. Tuition Reimbursement
Key and Management employees attending accredited community colleges,
colleges, trade schools or universities, or recognized professional organizations or
agencies may apply for reimbursement of one hundred percent (100 %) of the
actual cost of tuition, books, fees or other student expenses for approved job —
related coursework, seminars or professional development programs. Maximum
17
City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
tuition reimbursement for employees shall be $1,400 per fiscal year. Effective
January 1, 2013, reimbursement will increase by $100, for a maximum annual
benefit of $1,500 per rascal year. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a grade of
"C" or better for undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of the Human
Resources Director or designee.
MISCELLANEOUS
A. Probationary Period
Newly hired employees shall serve a twelve -month probationary period. Any
employee who is promoted shall be required to successfully complete a six (6)
month probationary period in the new position. All Executive Management
positions serve at -will and can be released from employment at any time.
The City Manager, City Attorney and City Clerk serve at the pleasure of the City
Council.
B. Direct Deposit
All newly hired employees shall participate in the payroll direct deposit system.
C. Exempt and Non - exempt Status
All classifications in Key and Management are classified as exempt under the
FLSA, with the following exceptions:
Deputy City Clerk
Administrative Assistants to the Police Chief, Fire Chief, City Attorney,
Assistant City Manager, and Human Resources Director
Administrative Assistant - Confidential
Administrative Support Services Coordinator
Executive Assistant to the City Manager
Human Resources Specialist l /II
Human Resources Analyst
Budget Analyst
Paralegal
Public Information Specialist
Legal Assistant
W1
City of Newport Beach
KEY AND MANAGEMENT COMPENSATION PLAN
Effective July 1, 2012 through June 30, 2015
D. 9/80 Scheduling Plan
The City agrees to maintain flex - scheduling where it is currently operating
successfully. Any new flex scheduling must be approved by the City Manager
prior to implementation.
Effective the pay period beginning January 15, 2011, the 9/80 flex - schedule will
be modified as follows: employees will have the option of alternating Fridays off
only. Employees currently on a 9/80 schedule with alternating Mondays or any
other day off, will convert to Fridays off beginning in January 2011. To ensure
effective coverage, employees on the 9/80 schedule will be divided into groups A
or B, with equal numbers of staff as much as possible, including management
and supervisory staff, off on alternating Fridays. To ensure ongoing compliance
with Fair Labor Standards Act, and to maintain organizational efficiency,
deviations from established flex days, If legally permitted, will be considered on a
case -by -case basis.
The City of Newport Beach's Employee Policy Manual shall govern all issues not
addressed in this document with respect to wages, hours and other terms and
conditions of employment.
Revised 1/16/2013
19
Appendix A
Key & Management Classifications
2012 -2015
Administrative Management Confidential
Assistant City Attorney
Deputy Director, Community Development
Deputy Director, Finance
Deputy Director, Municipal Operations
Deputy Director, PW /City, Engineer
IT Manager
Police Support Services Administrator
Utilities General Manager
Administrative Management- Safety
Assistant Chief, Fire
Assistant Chief, Lifeguard Operations
Assistant Chief, Police
Division Heads
Accounting Manager
Administrative Manager
Assistant City Engineer
Assistant to the City Manager
Building Manager /CBO
Budget Manager
Chief Building Inspector
City Traffic Engineer
Civil Engineer, Principal
Civil Engineer, Principal — Plan Check
Code & Water Quality Enforcement Div. Mgr
Deputy City Attorney
Equipment Maintenance Superintendent
Field Maintenance Superintendent
Harbor Resources Manager
Human Resources /Risk Mgmt Administrator
Library Services Manager
Operations Support Superintendent
Park & Tree Superintendent
Planning Manager
Public Information Manager
PW Finance /Admin Manager
Recreation Manager
Recreation Superintendent
Refuse Superintendent
Revenue Manager
Senior Services Manager
Systems & Administrative Manager
Administrative Analyst
Administrative Assistant - Confidential
Administrative Assistant to Asst City Manager
Administrative Assistant to City Attorney
Administrative Assistant to Fire Chief
Administrative Assistant to HR Director
Administrative Assistant to Police Chief
Administrative Support Services Coordinator
Assistant City Clerk
Budget Analyst
Budget Analyst, Senior
Deputy City Clerk
EMS Manager
Executive Assistant to City Manager
Facilities Manager
Human Resources Analyst
Human Resources Analyst, Senior
Human Resources Specialist 1/II
Human Resources Supervisor
Legal Assistant
Paralegal
Principal Planner
Public Information Specialist
Purchasing Agent
Executive Management
Assistant City Manager
City Attorney
City Clerk
City Manager
Community Development Director
Deputy City Manager/ Human Resources Director
Finance Director/Treasurer
Fire Chief
Library Services Director
Municipal Operations Director
Police Chief
Public Works Director
Recreation and Senior Services Director
Revised 1/11/13
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -10 was duty and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 22"" day of January, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Noes: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23s6 day of January 2013,
City Clerk
Newport Beach, California
(Seal)