|
ARTICLE 4
HEALTH AND WELFARE
4.1 Health Benefit Plan
A. Health
Contribution Amounts
1.
Through December 31, 2011, the State agrees to pay the following contribution
for health benefits. To be eligible for this contribution, an employee must
positively enroll in a health plan administered or approved by CalPERS.
a. The State shall pay up to $460 per
month for coverage on an eligible employee.
b.
The State shall pay up to $893 per month for coverage of an eligible employee
plus one dependent.
c.
The State shall pay up to $1,156 per month for coverage of an employee plus two
or more dependents.
2.
The employer health benefits contribution for each employee shall be an amount
equal to 85 percent of the weighted average of the Basic health benefit plan
premiums for a State active civil service employee enrolled for self-alone,
during the benefit year to which the formula is applied, for the four Basic
health benefit plans that had the largest State active civil service enrollment,
excluding family members, during the previous benefit year. For each employee with enrolled family
members, the employer shall contribute an additional 80 percent of the weighted
average of the additional premiums required for enrollment of those family
members, during the benefit year to which the formula is applied, in the four
Basic health benefit plans that had the largest State active civil service
enrollment, excluding family members, during the previous benefit year.
3.
The parties agree to work cooperatively with CalPERS and the health plans to
control premium increases.
B.
Dental Benefits Plans
1.
Contribution Amounts
a. Upon union ratification of this
agreement and approval of funding by the Legislature, the State agrees to pay
the following contributions for dental benefits. To be eligible for this
contribution, an employee must positively enroll in a dental plan administered
by the Department of Personnel Administration.
(1) The State shall pay up to $40.13 per month
for coverage of an eligible employee.
(2) The State shall pay up to $71.30 per month
for coverage of an eligible employee plus one dependent.
(3) The State shall pay up to $103.79 per
month for coverage of an eligible employee plus two or more dependents.
b. The employee will pay any premium
amount for the dental plan in excess of the State’s contribution, except that
the employee’s share of the cost shall not exceed twenty-five percent (25%) of
the total premium.
2. Coverage During
First 24 Months of Employment
Employees appointed into State service who meet the above eligibility criteria,
will not be eligible for enrollment in the State-sponsored indemnity or
preferred provider option plan until they have completed twenty-four (24) months
of employment without a permanent break in service, during the twenty-four (24)
month qualifying period. However, if no alternative plan or prepaid plan is
available within a fifty (50) mile radius of the employee’s residence, the
employee will be allowed to enroll in the indemnity or preferred provider option
plan.
C. Vision Benefit Plan Program
Description
The employer agrees to provide a vision benefit to eligible
employees and dependents. The vision benefit provided by the State
shall have an employee co-payment of ten dollars ($10) for the comprehensive
annual eye examination and twenty-five dollars ($25) for materials.
4.2 Eligibility for Benefits
A. Health Benefits
1. Employee Eligibility
For purposes of this section, “eligible employee” shall be defined by the Public
Employees’ Medical and Hospital Care Act.
2. Permanent Intermittent (PI)
Employees
a. Initial Eligibility
A permanent intermittent employee will be eligible to enroll in health benefits
during each calendar year if the employee has been credited with a minimum of
480 paid hours in one of two PI control periods. For purposes of this section,
the control periods are January 1 through June 30 and July 1 through December 31
of each calendar year. An eligible permanent intermittent employee must enroll
in a health benefit plan within sixty (60) days from the end of the qualifying
control period.
b. Continuing Eligibility
To continue health benefits, a permanent intermittent employee must be credited
with a minimum of 480 paid hours in a control period or nine hundred sixty (960)
paid hours in two consecutive control periods.
3. Family Member Eligibility
For purposes of this section, “eligible family member” shall be defined by the
Public Employees’ Medical and Hospital Care Act and includes domestic partners
that have been certified with the Secretary of State’s office in accordance with
AB 26 (Chapter 588, Statutes of 1999).
B. Dental Benefits
1. Employee Eligibility
Employee eligibility for dental benefits is the same as that prescribed for
health benefits under Section 4.2 A.1. and 2. of this agreement.
2. Family Member Eligibility
Family member eligibility for dental benefits is the same as that prescribed for
health benefits under Section 4.2 A.3. of this
agreement.
C. Vision Benefits
1. Employee Eligibility
Employee eligibility for vision benefits is the same as that prescribed for
health benefits under Section 4.2 A.1. and 2. of this agreement.
2. Family Member Eligibility
Family member eligibility for vision benefits is the same as that prescribed for
health benefits under Section 4.2. A.3. of this agreement.
4.3 Non-Industrial Disability Insurance
A.
Non-Industrial Disability Insurance (NDI) is a program for State employees who
become disabled due to non-work related disabilities as defined by Section 2626
of the Unemployment Insurance Code.
B.
For periods of disability commencing on or after October 1, 1984, eligible
employees shall receive NDI payments at 60% of their full pay, not to exceed
$135 per week, payable monthly for a period not exceeding 26 weeks for any one
disability benefit period. An employee is not eligible for a second disability
benefit due to the same or related cause or condition unless they have returned
to their regular time base, and work for at least ten (10) consecutive work
days. Paid leave shall not be used to cover the ten (10) work days.
C.
The employee shall serve a ten (10) consecutive calendar day waiting period
before NDI payments commence for each disability. Accrued vacation or sick leave
balances may be used to cover this waiting period. The waiting period may be
waived commencing with the first full day of confinement in a hospital or
nursing home for at least one full day. A full day is defined as a 24-hour
period starting at midnight.
D.
If the employee elects to use vacation, annual leave, personal leave or sick
leave credits prior to receiving NDI payments, he or she is not required to
exhaust the accrued leave balance.
E.
Following the start of NDI payments, an employee may, at any time, switch from
NDI to sick leave, vacation leave, annual leave, personal leave, or catastrophic
leave but may not return to NDI until that leave is exhausted.
F.
In accordance with the State’s “return to work” policy, an employee who is
eligible to receive NDI benefits and who is medically certified as unable to
return to full-time work during the period of his or her disability, may upon
the discretion of his or her appointing power work those hours (in hour
increments) which, when combined with the NDI benefit, will not exceed 100% of
their regular “full pay.” This does not qualify the employee for a new
disability period under subsection B. of this section. The appointing power may
require an employee to submit to a medical examination by a physician or
physicians designated by the Director of the Employment Development Department
for the purpose of evaluating the capacity of the employee to perform the work
of his or her position.
G.
If an employee refuses to return to work in a position offered by the employer
under the State’s Injured State Worker Assistance Program, NDI benefits will be
terminated effective the date of the offer.
H.
Where employment is intermittent or irregular, the payments shall be determined
on the basis of the proportionate part of a monthly rate established by the
total hours actually employed in the 18 monthly pay periods immediately
preceding the pay period in which the disability begins as compared to the
regular rate for a full-time employee in the same group or class. An employee
will be eligible for NDI payments on the first day of the monthly pay period
following completion of 960 hours of compensated work.
I.
All other applicable Department of Personnel Administration laws and regulations
not superseded by these provisions will remain in effect.
J.
Upon approval of NDI benefits, the State may issue an employee a salary advance
if the employee so requests.
K.
All appeals of a denial of an employee’s NDI benefits shall only follow the
procedures in the Unemployment Insurance Code and Title 22. All disputes
relating to an employee’s denial of benefits are not grievable or arbitrable.
This does not change either party’s contractual rights which are not related to
the denial of an individual’s benefits.
4.4 Enhanced Non-Industrial Disability Insurance - Annual Leave
A.
This ENDI provision is only applicable to employees participating in the annual
leave program referenced in section 5.12.
B.
Enhanced Non-Industrial Disability Insurance (ENDI) is a program for State
employees who become disabled due to non-work related disabilities as defined by
Section 2626 of the Unemployment Insurance Code.
C.
For periods of disability commencing on or after January 1, 1989, eligible
employees shall receive ENDI payments at 50% of their gross salary, payable
monthly for a period not exceeding 26 weeks for any one disability benefit
period. An employee is not eligible for a second disability benefit due to the
same or related cause or condition unless they have returned to their regular
time base, and work for at least ten (10) consecutive work days. Paid leave
shall not be used to cover the ten (10) work days. Disability payments may be
supplemented with annual leave, sick leave or partial payment to provide for up
to 100% income replacement. At the time of an ENDI claim, an employee may elect
either the 50% ENDI benefit rate or a supplementation level of 75% or 100% at
gross pay. Once a claim for ENDI has been filed and the employee has determined
the rate of supplementation, the supplemental rate shall be maintained
throughout the disability period.
D.
The employee shall serve a seven (7) consecutive calendar day waiting period
before ENDI payments commence for each disability. Accrued paid leave or CTO
leave balances may be used to cover this waiting period. The waiting period may
be waived commencing with the first full day of confinement in a hospital,
nursing home, or emergency clinic for at least one full day. A full day is
defined as a 24-hour period starting at midnight.
E.
If the employee elects to use annual leave or sick leave credits prior to
receiving ENDI payments, he or she is not required to exhaust the accrued leave
balance.
F.
Following the start of ENDI payments, an employee may at any time switch from
ENDI to sick leave or annual leave, but may not return to ENDI until that leave
is exhausted.
G.
In accordance with the State’s “return to work” policy, an employee who is
eligible to receive ENDI benefits and who is medically certified as unable to
return to their full-time work during the period of his or her disability, may
upon the discretion of his or her appointing power, work those hours (in hour
increments) which when combined with the ENDI benefit will not exceed 100% of
their regular “full pay.” This does not qualify the employee for a new
disability period under C. of this section. The appointing power may require an
employee to submit to a medical examination by a physician or physicians
designated by the Director of the Employment Development Department for the
purpose of evaluating the capacity of the employee to perform the work of his or
her position.
H.
If an employee refuses to return to work in a position offered by the employer
under the State’s Injured State Worker Assistance Program, ENDI benefits will be
terminated effective the date of the offer.
I.
Where employment is intermittent or irregular, the payments shall be determined
on the basis of the proportionate part of a monthly rate established by the
total hours actually employed in the 18 monthly pay periods immediately
preceding the pay period in which the disability begins as compared to the
regular rate for a full-time employee in the same group or class. An employee
will be eligible for ENDI payments on the first day of the monthly pay period
following completion of 960 hours of compensated work.
J.
All other applicable Department of Personnel Administration laws and regulations
not superseded by these provisions will remain in effect.
K.
Upon approval of ENDI benefits, the State may issue an employee a salary advance
if the employee so requests.
L.
All appeals of an employee’s denial of ENDI benefits shall only follow the
procedures in the Unemployment Insurance Code and Title 22. All disputes
relating to an employee’s denial of benefits are not grievable or arbitrable.
This does not change either party’s contractual rights which are not related to
an individual’s denial of benefits.
M.
Employees who become covered in the annual leave program while on an NDI claim
shall continue to receive NDI pay at the old rate for the duration of the claim.
N.
Employees who do not elect the annual leave program will receive NDI benefits in
accordance with the current program in section 4.3 and such benefits are limited
to $135.00 per week.
4.5 Cost Containment Committee
The State and PECG agree to continue the Joint Labor/Management Benefits
Committee. The committee shall consist of an equal number of labor and
management representatives. The committee shall be advisory in nature. The
purpose of the committee shall be to provide policy advice and recommendations
on the health benefits program to the Public Employees’ Retirement System (PERS)
and on the dental, vision, employee assistance, and legal services benefits to
the Department of Personnel Administration (DPA). This committee will not
provide advice on the Worksite Health Promotion or Savings Plus
Deferred Compensation programs.
PECG shall be entitled to one (1) representative who is qualified to provide
policy advice and to commit his/her organization to a course of action decided
by the committee. An appropriate number of management representatives shall be
appointed by DPA.
Meetings shall be scheduled at least quarterly, and a specific agenda of issues
to be discussed will be developed and distributed in advance of each meeting.
Additional meetings may be scheduled on an as-needed basis.
The committee shall be co-chaired by a Labor representative selected by union
committee members and a Management representative appointed by DPA.
PECG representatives shall serve without loss of compensation. All other
expenses shall be the responsibility of each party participating on this
committee.
4.6 Employee Assistance Program
A.
The State recognizes that alcohol, drug abuse, and stress may adversely affect
job performance and are treatable conditions. As a means of correcting job
performance problems, the State may offer referral to treatment for alcohol,
drug and stress-related problems such as marital, family, emotional, financial,
medical, legal or other personal problems. The intent of this Section
is to assist an employee’s voluntary efforts to treat alcoholism or a
drug-related or stress related problem so as to retain or recover his/her value
as an employee.
B.
Each department head or designee shall designate an Employee Assistance Program
Coordinator who shall arrange for programs to implement this section. Employees
who are to be referred to an Employee Assistance Program Coordinator will be
referred by the appropriate management personnel, or may refer themselves on a
voluntary basis. An employee undergoing alcohol, drug, or mental health
treatment, upon approval, may use accrued sick leave, compensating time off
credits and vacation leave credits for such a purpose. Leaves of absence without
pay may be granted by the department head or designee upon the recommendation of
the Employee Assistance Program Coordinator if all sick leave, vacation and
compensating time off have been exhausted and the employee is not eligible to
use Industrial Disability Leave or Non-Industrial Disability Insurance.
C.
Medical records concerning an employee’s treatment for alcoholism, drug or
stress-related problems shall remain confidential and shall remain separate from
other personnel materials.
4.7 FlexElect Program
A. Program Description
1. The State agrees to provide a
flexible benefits program (FlexElect) under Internal Revenue Code Section 125
and related Sections 105(b), 129, and 213(d). All participants in the FlexElect
Program shall be subjected to all applicable Federal statutes and related
administrative provisions adopted by DPA. The administrative fee paid by the
participants will be determined each year by the Director of the Department of
Personnel Administration.
2. Employees who meet the eligibility
criteria stated in Section 4.7 B.1. will be eligible to
enroll into a Cash Option Program (a monthly cash payment) in lieu of health
and/or dental coverage under the FlexElect Program.
3. Employees who meet the eligibility
criteria stated in Section 4.7 B.1. will be eligible to
enroll into a Medical Reimbursement Account and/or a Dependent Care
Reimbursement Account.
B. Employee Eligibility
1. All eligible employees must have a
permanent appointment with a time-base of half time or more and have permanent
status, or if a limited term or a temporary authorized (TAU) position, must have
mandatory return rights to a permanent position.
2. Permanent Intermittent (PI)
employees shall only participate in the Cash Option and will be eligible to
receive a six month cash payment for the first control period of each plan year.
PI’s choosing the Cash Option will qualify for the cash if they meet all of the
following criteria:
a. Must be eligible to enroll in health
and/or dental coverage as of January 1 of the Plan Year for which they are
enrolling; and,
b. Must have a PI appointment which is
effective from January 1 through June 30 of the Plan Year for which they are
enrolling; and,
c. Must be paid for at least four
hundred eighty (480) hours during the January through June control period for
the Plan Year in which they are enrolling; and,
d. Must have completed an enrollment
authorization during the FlexElect Open Enrollment Period or as newly eligible.
3. Section 4.7 B.2.
is not grievable or arbitrable.
4.8 Long-Term Care Insurance Plans
Employees in classes assigned to Bargaining Unit 9 are eligible to enroll in any
long-term care insurance plan sponsored by the Public Employees Retirement
Board. The employee’s spouse, parents, and the spouse’s parents are also
eligible to enroll in the plans, subject to the underwriting criteria specified
in the plan.
The long-term care insurance premiums and the administrative cost to the State
shall be fully paid by the employee and are subject to payroll deductions.
4.9 Pre-Tax of Health/Dental Premiums
Employees who are enrolled in any health and/or dental plan which requires a
portion of the premium to be paid by the employee, will automatically have their
out-of-pocket premium costs taken out of their paycheck before Federal, State
and social security taxes are deducted. Employees who
choose not to have their out-of-pocket costs pre-taxed, must make an election
not to participate in this benefit.
4.10 Group Legal Services Plan
Bargaining Unit 9 employees shall be eligible to enroll in the State-sponsored
Group Legal Services Plan. This plan is available on a voluntary, after-tax,
payroll deduction basis, with all costs being paid by the employee, including a
service charge for the costs of administering the plan.
4.11 1959 Survivors’ Benefits – Fifth Level
A.
Employees in this unit who are members of the Public Employees’ Retirement
System (PERS) will be covered under the Fifth Level of the 1959 Survivors’
Benefit, which provides a death benefit in the form of a monthly allowance to
the eligible survivor in the event of death before retirement. This benefit will
be payable to eligible survivors of current employees who are not covered by
Social Security and whose death occurs on or after the effective date of the
Memorandum of Understanding for this section.
B.
The contribution for employees covered under this new level of benefits will be
$2 per month. The rate of contribution for the State will be determined by the
PERS Board.
C.
The survivors’ benefits are detailed in the following schedule:
1. A spouse who has care of two or more
eligible children, or three or more eligible children not in the care of spouse
— $1,800
2. A spouse with one eligible child, or
two eligible children not in the care of the spouse — $1,500
3. One eligible child not in the care
of the spouse; or the spouse, who had no eligible children at the time of the
employee’s death, upon reaching age 62...
— $750.
4.12 Rural Health Care Equity Subsidy Program
The State and PECG agree that the provisions of this Section shall not extend
beyond the sunset date of the Rural Health Care Equity Program (RHCEP), as
defined in Government Code 22877.
Should future legislation be chaptered that provides funding for the RHCEP, the
State agrees to meet and confer to discuss implementation of the legislation.
|
