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Home My WebLink AboutSANTA ANA FIRE MANAGEMENT ASSOCIATION - 2008 0" ~T:>D'ny)e\ (4) I'-A\-n \ e. Q"o()Zok 2. A-2008-091 TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA FIRE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2008-09 AND 2009-10 The City of Santa Ana (CITY) and the Santa Ana Fire Management Association (SAFMA) have met and agreed to amend the Memorandum of Understanding (MOU) between the CITY and SAFMA for Fiscal Years 2004-05 through 2007-08 by extending this MOU for two additional years. The existing MOU provisions will remain unchanged unless addressed by this addendum. The new expiration date of the MOU will be June 30, 2010, and the MOU will be amended as follows: AMENDED ARTICLE IV (new language in bold) 4.3 Salary Ad iustments. A. New paragraphs as follows: Effective July 1, 2007. Miscellaneous employees covered by this Agreement shall contribute 2'0 of their salary toward the 2.7'0 at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations. this 2'0 contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1. 2008. the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4'0). Effective July I, 2008. Miscellaneous employees covered by this Agreement shall contribute an additional 2'0 of their salary (for a total of 4'0) toward the 2.7'0 at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations. this additional 2% contribution shall be implemented through payroll deduction on a pre - tax basis. Effective January 1. 2009. the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5'0). Effective July 1. 2009. the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4'0). Effective July 1. 2009. Miscellaneous employees covered by this Agreement shall contribute an additional 2.3'0 of their salary (for a total of 6.3%) toward the 2.7% at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations. this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective January 1. 2010. the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5%). 4.5 Beginning Rates. A. Fire Management Group A Classes. An employee appointed to a Fire Management Group A class (Deputy Fire Chief or Fire Marshal) shall be compensated at any rate within the lower third of the 15-step salary rate range (Steps "I" through "5") for their job classification as authorized by the Fire Chief. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate a higher rate would be in the City's best interests, the City Manager may authorize hiring at a higher rate in the salary rate range, up to and including Step 15. but this hi~hcr rate ~eRerally shall Ret be abeve the midJ3siRt. B. Fire Management Group B Classes. An employee appointed to a Fire Management Group B class (Fire Battalion Chief or Fire Communications Manager) may be placed by the Fire Chief at any step within the applicable five (5) step salary rate range (Steps "A" through "E") in the schedule to which the class has been allocated through adoption of this Agreement, provided that such employee shall be assigned such salary step upon the commencement of his or her service in said classification and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article as set forth below. AMENDED ARTICLE VIII (new language in bold) 8.2 Shift Replacement/Special Assignment Pay for Fire Battalion Chiefs. Off duty employees in the class of Fire Battalion Chief who are assigned by the Fire Chief to a twenty-four (24) hour work shift will receive straight time pay in ~ six (6) hour increments (i.e. from one (1) to ~ six (6) hours worked equals ~ six (6) hours pay, eA6 13 tel 21 seven (7) to 12 hours worked equals 12 hours pay. 13 to 18 hours worked equals 18 hours pay. or 19 to 24 hours worked equals 24 hours pay. respectively). The purpose of this pay is compensation for replacing another Battalion Chief who is on sick leave, vacation, bereavement leave, or other approved absence. Additionally, this compensation will be received when an off-duty Battalion Chief is directed by the Fire Chief to respond to an emergency situation, to serve on special assignment, or to act as a training officer. This practice shall conform to the following guidelines: A. Special Shift Replacement Pay will be calculated by multiplying either six (6). 12, 18. or 24 hours, respectively, times the hourly rate of pay for Fire Battalion Chief, "E" step, based on a 24-hour shift schedule and assuming pay additives of 7.5CYo, regardless of the salary step of the affected employees. B. Shift exchanges between two employees of the class of Fire Battalion Chief will not qualify for Special Shift Replacement Pay under these provisions. C. Under no circumstances will Special Shift Replacement Pay be construed as "overtime pay," as defined under the Fair Labor Standards Act. AMENDED ARTICLE X (new language in bold) 10.6 Vacation Pay Options. Once each fiscal year, all employees covered by this Agreement shall be given the option to receive cash compensation, computed on a straight-time basis, in lieu of up to five (5) working days of earned, unused vacation leave benefits set forth in this Article. Effective January 1. 2009. employees covered by this Agreement may cash out up to a total of 10 working days of earned. unused vacation leave benefits set forth in this Article. AMENDED ARTICLE XII (new language in bold) 12.1 Health Insurance. A. The City shall contribute toward the payment of premiums for affected employees and their dependents under the CalPERS Health Program. Effective July 1, 2005, January 1, 2006, January 1, 2007, eA6 January 1, 2008, January 1, 2009, and January 1, 2010, respectively, the City shall contribute toward medical premiums an amount consistent with the rates then in effect on the dates listed above for the "employee-only", "employee plus one", and "family" tiers, respectively, of the Kaiser "Other Southern California" CalPERS HMO plan. Effective January 1, 2006, the City shall establish a Cafeteria benefit plan for employees covered by this Agreement. AMENDED ARTICLE XIV (new language in bold) 14.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of each affected employee covered by this Agreement in an amount equal to one hundred percent (100CYo) of each employee's individual retirement contribution. Such payments shall be credited to the individual employee's CalPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus, will not withhold Federal or state income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. In the event that the City receives a subsequent ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each affected employee shall forthwith be increased by eighteen (18) salary rate ranges (9.0CYo) for "safety-member" employees covered under the "3CYo at Age 50" CalPERS formula and fourteen (14) salary rate ranges (7.0%) for "miscellaneous-member" employees covered by this Agreement. Effective January 1, 2009, this amount shall be increased to sixteen (16) salary rate ranges (8.0'0) for "miscellaneous-member" employees covered by this Agreement. For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 14.4 2CYo at 55 for CalPERS "Miscellaneous" Members. CalPERS designated "miscellaneous" employees represented by the Association shall be covered by the 2CYo at 55 retirement benefit. Prier te this A~reemeAt, emJ3leyees desigAated as CalPERS "miscellsAeeus" v;ere required te ceAtribute aAe J3erceAt (1%) af their salar'; tewards the 2% at 55 retiremeAt beAefit b'f tal(iAg S aeeh:letisA iA J3ay sf twe (2) salary rate raA~es. Effective beginning January 1, 2009. miscellaneous employees covered by this Agreement shall be covered by the 2.7'0 at 55 retirement benefit. as specified in section 14.14 below. The City aAd ft.ssaciatiaA agreed, effective Ns',ember 1, 2001, te e1imiAate the eAe J3erceAt (1%) J3G'f deductisA tswards the 2% at 55 retiremeAt beAefit. 14.14 2.7'0 at 55 Service Retirement Benefit for Miscellaneous Members. The City agrees to amend its retirement contract with CalPERS to provide Miscellaneous employees covered by this Agreement with the 2.7'0 at 55 Service Retirement benefit to be effective January 1. 2009. Pursuant to CalPERS regulations. this new formula will apply to all miscellaneous members covered by this Agreement that are in active status on the date this amendment takes effect. This new formula will apply to each year of eligible service credited with the City of Santa Ana. Payment of New 2.7% at 55 Service Retirement Benefit. Miscellaneous employees covered by this Agreement agree to pay 6.3'0 of CalPERS reportable compensation toward the cost of the 2.7'0 at 55 enhanced retirement formula in the following manner: 1. Effective July 1. 2007, the City shall deduct from each miscellaneous employee covered by this Agreement two percent (2%) of CalPERS reportable compensation to pay toward the cost of the new enhanced retirement formula. 2. Effective July 1. 2008. the City shall deduct from each miscellaneous employee covered by this Agreement an additional two percent (2'0) of CalPERS reportable compensation (4% total) to pay toward the cost of the new enhanced retirement formula. 3. Effective July 1. 2009. the City shall deduct from each miscellaneous employee covered by this Agreement an additional two point three percent (2. 3%) of CalPERS reportable compensation (6.3% total) to pay toward the cost of the new enhanced retirement formula. Pre- Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations. the City shall make the above employee deductions pre-tax contributions. 14.15 Credit for Unused Sick Leave. Effective January 1. 2002, a non-sworn employee covered by this Agreement can have unused accumulated sick leave at the time of retirement converted to additional service credit. pursuant to regulations prescribed by CaIPERS. The City must report only those hours of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation of employment. Effective July 1, 2007, the provisions of this section will also apply to sworn employees covered by this Agreement. AMENDED ARTICLE XXVI Article 26 - Term of Agreement The term of this Agreement shall be from July 1, 2004 through June 30, 209810. Exhibit A TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA FIRE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2008-09 AND 2009-10 The City of Santa Ana (CITY) and the Santa Ana Fire Management Association (SAFMA) have met and agreed to amend the Memorandum of Understanding (MOU) between the CITY and SAFMA for Fiscal Years 2004-05 through 2007-08 by extending this MOU for two additional years. The existing MOU provisions will remain unchanged unless addressed by this addendum. The new expiration date of the MOU will be June 30, 2010, and the MOU will be amended as follows: AMENDED ARTICLE IV (new language in bold) 4.3 Salary Ad iustments. A. New paragraphs as follows: Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall contribute 2'0 of their salary toward the 2.7% at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations. this 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1. 2008. the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). Effective July 1. 2008. Miscellaneous employees covered by this Agreement shall contribute an additional 2% of their salary (for a total of 4'0) toward the 2.7% at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations. this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective January 1. 2009. the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5'0). ARTICLE XXVII 27.0 RA TIFICA TION AND EXECUTION 27.1 The City and Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and Association and entered into this e#t 5th day of JttAe May 20G908. CITY OF SANTA ANA, a Municipal Corporation of the State of C Iifornia Dated: *hx \ \J~ By: Dated: ,5- /r?-OJ? Dated: ~ Qg. ATTEST: ! . //~.~ /~ "'. , ~ERK OF THE~OUNCIL . APPROVED AS TO FORM: jJtL~~' This Agreement has been ratified Management Association. o II? /o? , , by the membership of the Santa Ana Fire Dated: SANTA ANA FIRE MANAGEMENT ASSOCIATION