HomeMy WebLinkAboutCC RES 15-47 RESOLUTION NO. 15-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION FOR
UNREPRESENTED PART-TIME NON-BENEFITTED
EMPLOYEES AND SUPERSEDING RESOLUTION 11-68
WHEREAS, the employees covered by this Resolution constitute part-time non-
benefitted personnel; and
WHEREAS, the City Council has consulted with the City Manager concerning the
proposed employment terms contained herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin
(the "City") authorizes staff to implement the provisions of this Resolution and modify the
City's Classification and Compensation Plans to reflect the changes approved in this
Resolution, and that the wages, hours and conditions of employment be adopted and set
forth as follows:
Section 1: Classifications
A "part-time" position is a position that 1) has a work week of fewer hours than the full
work week established for a full-time position and 2) is compensated on an hourly basis.
Part-Time Non-Benefitted employees are not represented by an employee association
and are not entitled to benefits unless otherwise mandated by law. Classifications in the
Part-Time Non-Benefitted unit are listed in Appendix A.
Section 2: Effective Dates
The effective date of each section is July 1, 2015, unless otherwise stated herein.
Section 3: Salary
The hourly salaries for employees covered by this Resolution are hereby incorporated
and listed in Appendix A.
Part-Time Non-Benefitted employees may advance from one step to the next step in
the salary range in accordance with guidelines set forth by the Director of Human
Resources.
Employees in the classification of Temporary Employee may be hired at any level in the
salary range, subject to approval of the City Manager. Employees in this classification
typically do not advance from one step to the next step in the salary range.
Resolution No. 15-47
Page 1 of 8
Section 4: Retirement
IRS Section 457 OBRA Deferred Compensation Plan
In accordance with federal law, all part-time employees must be enrolled in Social
Security or another "qualified" retirement plan. Since the City does not participate in
Social Security, Part-Time Non-Benefitted employees will be enrolled in the City's IRS
Section 457 OBRA deferred compensation plan. Employees are required to contribute
5.5% of salary to the deferred compensation plan every pay period. The City will
contribute an additional 2% of salary, for a total contribution of 7.5%.
CaIPERS Retirement Plan
The City's contract with the California Public Employees' Retirement System (CaIPERS)
states that persons compensated on an hourly basis may be excluded from the
retirement system. Nevertheless, in rare circumstances a Part-Time Non-Benefitted
employee may be enrolled in the CaIPERS retirement plan.
Any Part-Time Non-Benefitted employee enrolled in the CaIPERS Miscellaneous plan
by December 31, 2011 shall be enrolled in CaIPERS 2% @ 55 plan in accordance with
Government Code Section 21354 for Local Miscellaneous members. The plan includes
both an employer and employee contribution. These employees are responsible for
paying the employee contribution of seven percent (7%) of the employee's wages
through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is
made on a pre-tax. The plan has been amended to include Section 21573 (Third Level
of 1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
Any Part-Time Non-Benefitted employee enrolled in the CaIPERS Miscellaneous plan
on or after January 1, 2012 shall be enrolled in CaIPERS 2% @ 60 plan for Local
Miscellaneous members. The plan includes both an employer and employee
contribution. These employees are responsible for paying the employee contribution of
7% of the employee's wages through a payroll deduction. This plan provides retirement
benefits based on the highest annual average compensation earnable during the three
consecutive years of employment immediately preceding the effective date of his or her
retirement or as designated by the employee in accordance with Government Code
section 20037. The plan provides for 3rd level of 1959 Survivor benefits with the
employee paying the employee portion of the premium.
Any Part-Time Non-Benefitted employee enrolled in the CaIPERS Miscellaneous plan
who is first employed by the City on or after January 1, 2013 and is defined as a "new
member" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be
Resolution No. 15-47
Page 2 of 8
enrolled in the CaIPERS 2% @ 62 plan for Local Miscellaneous members. These
employees are responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CaIPERS, through a payroll deduction. Effective
the pay period including July 1, 2015, the employee contribution is 6.25%. This amount
will be determined by CaIPERS in the future. The City has adopted the CaIPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax basis. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years
of employment immediately preceding the effective date of his or her retirement or as
designated by the employee in accordance with Govemment Code Section 7522.32(a).
The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the
employee portion of the premium.
CaIPERS Retired Annuitants
Pursuant to the Public Employees' Pension Reform Act of 2013 (PEPRA), the City is
prohibited from providing a CaIPERS retired annuitant with any benefit, incentive,
compensation in lieu of benefits, or other form of compensation in addition to the hourly
pay rate. Accordingly, the City will not enroll retired annuitants in the IRS Section 457
OBRA deferred compensation plan. Further, since participation in a deferred
compensation plan is considered a benefit, retired annuitants are not permitted to
voluntarily enroll in any of the City's other Section 457 deferred compensation plans.
111
Section 5: Paid Sick Leave
Effective July 1, 2015, all Part-Time Non-Benefitted employees, other than CaIPERS
retired annuitants, will be provided with paid sick leave in accordance with California's
Healthy Workplaces, Healthy Family Act of 2014. In accordance with the California
Public Employees' Pension Reform Act of 2013 (PEPRA), CaIPERS retired annuitants
are not entitled to paid sick leave or any other compensation or benefits in addition to
the hourly base salary.
At the beginning of each fiscal year, on the pay period that includes July 1, the City will
credit each Part-Time Non-Benefitted employee with 24 hours (or three work days for
any employee whose regular work schedule exceeds eight hours per day) of paid sick
leave for use under the terms of this policy. Employees who are hired after the start of
any given fiscal year will also be credited with 24 hours (or three work days) of paid sick
leave. At the end of each fiscal year, any unused paid sick leave from the previous 12-
month period will expire and will not be carried over to the next 12-month period.
An employee is eligible to begin using paid sick leave after 90 consecutive days of
employment with the City of Tustin. If an employee separates from the City of Tustin
and is re-hired within one year from the employee's separation date, the 90 days of
service requirement may be satisfied cumulatively over the two periods of employment.
Resolution No. 15-47
Page 3 of 8
Paid sick leave is not a privilege which an employee may use at his/her discretion. Paid
sick leave may only be used for the following reasons, in accordance with state law:
1. For the employee's own diagnosis, care, or treatment of an existing health
condition or preventative care.
2. For the diagnosis, care, or treatment of an existing health condition or
preventative care for an employee's family member. For purposes of this policy,
"family member" includes an employee's child, spouse or registered domestic
partner, parent, grandparent, grandchild, or sibling.
3. With appropriate certification, to obtain relief or services related to being a victim
of domestic violence, sexual assault, or stalking, including: a temporary
restraining order or restraining order; other injunctive relief to help ensure the
health, safety or welfare of the employee or his/her children; medical attention for
injuries caused by domestic violence, sexual assault, or stalking; services from a
domestic violence shelter, program, or rape crisis center as a result of domestic
violence, sexual assault, or stalking; psychological counseling related to an
experience of domestic violence, sexual assault, or stalking; or safety planning
and other actions to increase safety from future domestic violence, sexual
assault, or stalking, including temporary or permanent relocation.
An employee may use no more than 24 hours (or three work days for any employee
whose regular work schedule exceeds eight hours per day) of paid sick leave per fiscal
year and must use paid sick leave in increments of no less than two (2) hours per day.
In order to use paid sick leave, an employee must notify his/her supervisor of the need
for such leave and its probable duration at least one hour prior to the scheduled start of
the employee's shift. Paid sick leave shall not be granted unless such advance notice
has been given; however, the department head may grant an exception to this policy
when it is determined that the employee's failure to notify his/her supervisor in a timely
manner was due to circumstances beyond the employee's control. A supervisor may
require an employee to confirm that the requested use of paid sick leave meets one of
the purposes specifically provided for in the law.
Employees will be compensated for any sick leave hours used under this policy at the
employee's regular rate of pay for the workweek in which the employee uses paid sick
leave (typically, this is simply the employee's base hourly rate of pay). Paid sick leave is
not considered hours worked for purposes of calculating overtime. For any employees
who are enrolled in the CaIPERS retirement system (due to previous CaIPERS member
status), paid sick leave hours are reportable to CaIPERS in accordance with
Government Code section 20630.
An employee is not entitled to compensation for any unused accrued paid sick leave
upon separation from employment. An employee who is promoted directly from a Part-
Resolution No. 15-47
Page 4 of 8
Time Non-Benefitted position to a full-time or part-time benefitted position will not carry
over any paid sick leave hours remaining at the time of promotion; instead, the
employee will be eligible for accrual and use of General Leave under the terms of the
applicable memorandum of understanding or salary resolution.
Section 6: At-Will Employment Relationship
Employment in a Part-Time Non-Benefitted position is at-will and based on continued
programmatic needs. No guarantees are made related to hours or longevity. Employment
may be terminated at any time, with or without cause. For all Part-Time Non-Benefitted
employees, hours worked will typically vary from week to week and will generally not
exceed 1,000 hours per fiscal year(for CaIPERS retired annuitants, hours will not exceed
960 hours per fiscal year).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 4th day of August 2015.
CHARLES E. PUCKETT,
Mayor
ATTEST: jJ
/,,:4 ✓°`
JEFFRE 7PARKER,
City �er
Resolution No. 15-47
Page 5 of 8
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Jeffrey C. Parker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 15-47 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of
August 2015, by the following vote:
COUNCILPERSONS AYES: Puckett, Nielsen, Gomez, Murray, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
JGIi
JEFFR;! Cf PARKER,
CityVI_ , G
1
Resolution No. 15-47
Page 6 of 8
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Resolution No. 15-47
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Resolution No. 15-47
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ResoUion No. 15-47
Page 3 of 3
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