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11 November 8, 2006 Executive78699 RECORDS RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON EXECUTIVE COMMITTEE (COMMISSIONERS MARION ASHLEY, BOB BUSTER, ROGER BERG, TERRY HENDERSON, ROBIN LOWE, JEFF MILLER, JEFF STONE, JOHN TAVAGLIONE, MICHAEL WILSON, ROY WILSON) 9:30 A.M. Wednesday, November 8, 2006 County of Riverside Administrative Center Conference Room A 4080 Lemon Street, 3`d Floor, Riverside /n compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PUBLIC COMMENTS 3. APPROVAL OF MINUTES - October 11, 2006 4. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. if there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 5. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 No. of cases: 1 11.36.21 RCTC Executive Committee Agenda November 8, 2006 Page 2 6. REVISION TO VESTING REQUIREMENTS UNDER PREVIOUS RESOLUTIONS FOR HEALTH BENEFIT COVERAGE AND ADOPTION OF RESOLUTION NO. 06-021, 'RESOLUTION ELECTING TO RESCIND THE HEALTH BENEFIT VESTING REQUIREMENT FOR FUTURE RETIREES UNDER PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT" AND ADOPTION OF RESOLUTION NO. 06-023, 'RESOLUTION ELECTING TO ESTABLISH THE HEALTH BENEFIT VESTING REQUIREMENT FOR FUTURE RETIREES UNDER PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT" Overview This item is for the Committee to adopt Resolution No. 06-021, "Resolution Rescinding the Health Benefit Vesting Requirement for Future Retirees Under Public Employee's Medical and Hospital Care Act' under previous Resolution Numbers 00-013 and 03-004 and adopt Resolution No. 06-023, "Resolution Electing to Establish the Health Benefit Vesting Requirement for Future Retirees Under Public Employee's Medical and Hospital Care Act". 7. MAXIMUM ACCUMULATED VACATION HOURS Overview This item is for the Commission to: 1) Approve the revision to the Personnel Policies and Procedures Manual to amend Section 5.4, "Vacation"; and 2) Adopt Resolution No. 06-022, "Resolution of the Riverside County Transportation Commission Amending Its Personnel Policies and Procedures Manual for Maximum Accumulated Vacation Hours". 8. ADJOURNMENT AGENDA ITEM 3 MINUTES RIVERS/DE COUNTY TRANSPORTATION COMMISS/ON EXECUTIVE COMMITTEE October 11, 2006 Minutes 1. CALL TO ORDER Chair Marion Ashley called the meeting to order at 9:32 a.m., on Wednesday, October 11, 2006, at the Riverside County Transportation Commission's Conference Room A, 4080 Lemon Street, Third Floor, Riverside, California 92501. Commissioners Present Commissioners Absent Marion Ashley Roger Berg Bob Buster Terry Henderson Jeff Miller Jeff Stone John Tavaglione Michael Wilson Roy Wilson 2. PUBLIC COMMENTS There were no public comments. 3. APPROVAL OF MINUTES Robin Lowe M/S/C ITavaglione/Henderson) to approve the minutes June 14 and July 12, 2006 as submitted. 4. ADDITIONS/REVISIONS There were no additions or revisions to the agenda. RCTC Executive Committee Minutes October 11, 2006 Page 2 5. PROPOSED COURTESY CONFLICT OF INTEREST REVIEW PROGRAM Eric Haley, Executive Director, presented the proposed Courtesy Conflict of Interest Review program in response Commissioner Stone's request at the July 12th Commission meeting. He also presented the Conflict of Interest form utilized by the San Bernardino Associated Governments (SANBAG) to assist its members in meeting requirements for documenting conflict of interests as related to agenda items. Commissioner Bob Buster expressed his belief that the proposed program would cause an entanglement for the Commission and supported adopting the form utilized by SANBAG. Commissioner Roy Wilson expressed support for continuing to utilize the Disclosure of Campaign Contributions to Commissioners form currently used by staff in requests for proposals. Eric Haley recommended utilizing both forms to cover all of the proper voluntary submittals. M/S/C (Henderson/Miller) to adopt the Conflict of Interest form utilized by SANBAG as an addition to the current process. 6. REVISION TO LEGISLATIVE BODY REIMBURSEMENT POLICY Theresia Trevino, Chief Financial Officer, presented the revision to the Commission's Legislative Body Reimbursement Policy. M/S/C (Henderson/Buster) to: 1) Approve the revision to the Riverside County Transportation Commission Legislative Body Reimbursement Policy; and 2) Adopt Resolution No. 06-019, 'Resolution of the Riverside County Transportation Commission Regarding the Revision to the Riverside County Transportation Commission Legislative Body Reimbursement Policy". RCTC Executive Committee Minutes October 11, 2006 Page 3 7. ADJOURNMENT There being no other items to be considered, the Executive Committee meeting adjourned at 9:45 a.m. Respectfully submitted, )""""4294-- Jennifer Harmon Clerk of the Board AGENDA ITEM 6 RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: November 8, 2006 TO: Executive Committee FROM: Anne Mayer, Deputy Executive Director THROUGH: Eric Haley, Executive Director SUBJECT: Revision to Vesting Requirements Under Previous Resolutions for Health Benefit Coverage and Adoption of Resolution No. 06-021, "Resolution Electing to Rescind the Health Benefit Vesting Requirement for Future Retirees Under Public Employees' Medical and Hospital Care Act" and Adoption of Resolution No. 06-023, "Resolution Electing to Establish the Health Benefit Vesting Requirement for Future Retirees Under Public Employees' Medical and Hospital Care Act" STAFF RECOMMENDATION: This item is for the Committee to adopt Resolution No. 06-021, "Resolution Rescinding the Health Benefit Vesting Requirement for Future Retirees Under Public Employee's Medical and Hospital Care Act" under previous Resolution Numbers 00- 013 and 03-004 and adopt Resolution No. 06-023, "Resolution Electing to Establish the Health Benefit Vesting Requirement for Future Retirees Under Public Employee's Medical and Hospital Care Act". Attachments: 1) Resolution No. 06-021 2) Resolution No. 06-023 3) Public Agency Vesting for Health Benefits GC 22893 Key Rules 4) Public Agency Vesting for Health Benefits Letter Agenda Item 6 RESOLUTION NO. 06-021 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ELECTING TO RESCIND ITS HEALTH BENEFIT VESTING REQUIREMENT FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WHEREAS, (1) Government Code 22893 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act may amend its resolution to provide a post retirement vesting requirement to employees who retire for service, and WHEREAS, (2) the Commission is a local agency contracting under the Act, and WHEREAS, (3) the Commission certifies, unrepresented employees are not represented by a bargaining unit and there is no applicable memorandum of understanding, and RESOLVED, (1) That employees hired on or after July 12, 2000 will not be subject to vesting as specified by Resolution Nos. 00-013 and 03-004. Adopted at a regular meeting of the Riverside County Transportation Commission's Executive Committee this 8t day of November 2006. Signed: Marion Ashley, Chair Riverside County Transportation Commission Attest: Jennifer Harmon Clerk of the Board RESOLUTION NO. 06-023 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ELECTING TO ESTABLISH A HEALTH BENEFIT VESTING REQUIREMENT FOR FUTURE RETIREES UNDER PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WHEREAS, (1)Government Code 22893 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act may amend its resolution to provide a post retirement vesting requirement to employees who retire for service, and WHEREAS, (2) the Commission is a local agency contracting under the Act, and WHEREAS, (3) the Commission certifies, unrepresented employees are not represented by a bargaining unit and there is no applicable memorandum of understanding, and WHEREAS, (4) The credited service for purposes of determining the percentage of employer contributions shall mean service as defined in Section 20069, except that not less than five years of that service shall be performed entirely with the Commission; and WHEREAS, (5) The contribution for active employees cannot be less then what is defined in Section 22892(b); now, therefore be it . RESOLVED, (1) That the employer's contribution for each retired employee first hired on or after the effective date of this resolution shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan or plans up to a maximum of 100 percent of the weighted average of the health benefits plan premiums for employees or annuitants enrolled for self alone plus 90 percent of the weighted average of the additional premiums required for enrollment of family members in the four health benefits plans that have the largest number of enrollments during the fiscal year to which the formula applied plus Administrative fees and Contingency Reserve Fund; and be it further RESOLVED, (2) That the percentage of employer contribution payable for post retirement health benefits for each retired employee shall be based on the employee's completed years of credited service based upon Government Code Section 22893; plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, (3) That coverage under the Act be effective on January 1, 2007. Adopted at a regular meeting of the Riverside County Transportation Commission's Executive Committee this 8th day of November 2006. Signed: Attest: Marion Ashley, Chair Riverside County Transportation Commission Jennifer Harmon Clerk of the Board B Health Benefits Program ATTACHMENT PUBLIC AGENCY VESTING FOR HEALTH BENEFITS G.C. 22893 KEY RULES I. Vesting for Health Benefits ➢ Regulated by Government Code 22893 ➢ Applies to employees hired on or after the effective date of the resolution electing vesting method Vesting Schedule ➢ A minimum of ten years of state service credit is required to receive 50% of the employer contribution Credited State Service is compensated CaIPERS service time earned (defined in G.C. 20069) Purchased "Additional Retirement Service Credit (ARSC)" does not qualify as it is not earned service. ➢ Five of those ten years of service must be performed at your agency Each additional service credit year after ten years increases the employer contribution percentage by 5% until 20 years at which time the retiring employee is eligible for 100% of the employer contribution III. Employer Contribution for Active Employees ➢ Is subject to the Collective Bargaining Agreement or Memorandum of Understanding (MOU). ➢ Must be at least the minimum contribution defined in GC 22892(b)(1). The minimum contribution for 2006 is $64.60. This contribution will be increased each year according to G.C. 22892 (b)(1). IV. Employees Hired Prior to Vesting ➢ Once each year the employer may allow any employee hired before the employer elected G.C. 22893 the opportunity to individually elect to be subject to the provisions of G.C. 22893. V. Employer Contribution for Retirees ➢ Minimum must equal the State annuitant's contribution, annually calculated by the 100/90 formula ➢ Maximum can be up to 100% total premium ➢ Retired Employee and Survivor: Percentage of employer contribution based on years of service credit for annuitants VI. Exceptions ➢ Exceptions to the vesting requirements who are eligible for the full employer contribution . An employee who retires on disability retirement • An employee who performs 20 years of service credit solely with your agency 09/10/2004 ATTACHMENT 4 Office of Employer & Member Health Services P.O. Box 942714 Sacramento, CA 94229-2714 Telecommunications Device for the Deaf - (916) 795-3240 Toll Free: (888) CaIPERS (225-7377) FAX (916) 795-1313 Agency Code: 1155 Michele Cisneros Riverside County Transportation Commission Dear Ms. Cisneros: Thank you for your inquiry about public agency vesting (Government Code, Section 22893, Vesting for Contracting Agency Employees). Adopting the vesting resolution enables your agency to reduce its retiree health benefit expenses. Here are some of the key rules as found in the aforementioned government code: • Applies to employees HIRED on or after the date the resolution is approved by CaIPERS • Vesting Schedule ➢ A minimum of 10 years of state service credit, as defined in GCS 20069, is required to receive 50% of the employer contribution ➢ Five of those 10 years of service must be performed at your agency ➢ Each additional service credit year after 10 years, increases the employer contribution by 5%. At 20 years the retiring employee is eligible for 100% of the employer contribution • Employer contribution for retirees ➢ Minimum must equal the State's retired contribution, annually calculated by the 100/90 formula, as set forth in GCS 22871 ➢ Maximum can be up to 100% of the total premium ➢ Retired Employee and Survivor. Percentage of employer contribution based on years of service credit for annuitants • Employer Contribution for active employees ➢ Represented employees are subject to the Collective Bargaining Agreement or Memorandum of Understanding (MOU) ➢ Employer must certify that non -represented employees do not have an applicable Memorandum of Understanding (MOU) ➢ Must be at least the minimum contribution as defined in GCS 22892. The minimum contribution for 2006 is $64.60. This contribution will be increased each year according to GCS 22892. • Exceptions to the vesting requirements, and eligible for the full employer contribution are ➢ An employee who retires on disability retirement ➢ An employee who performs 20 years of service credit solely with your agency, even if they do not retire within 120 days of separation from your agency • Employees hired prior to vesting ➢ Once each year the employer may allow any employee hired before the employer elected GCS 22893, the opportunity to individually elect to be subject to the provisions of GCS 22893. The following examples may help with your understanding of these key rules: Agency ABC presently has a resolution for Public Employee Medical and Hospital Care Act (PEMHCA) whereby the employer contribution is 100% total premium. This agency adopts a vesting resolution, effective July 1, 2006, with the employer contribution to be equal to the State's contribution. The State's contribution for 2006 is $394 (1-party), $738 (2-party), $933 (family). Employee A was hired on June 15, 1980 (before the vesting resolution was adopted) and retired August 15, 2006, with over 20 years of service. Employee A will receive 100°/a total premium for as long as Agency ABC does not change its employer contribution or terminate its contract under PEMHCA. Employee B was hired on August 1, 2006, after the vesting resolution was adopted, and retires from Agency ABC on August 1, 2016. Because Employee B completed 10 years of credited state service, and if Employee B meets the eligibility requirements, Employee B will be eligible for 50% of the employer contribution designated in the vesting resolution, for as long as Agency ABC has an active contract for PEMHCA. Employee C was hired on September 1, 2006, and retires from Agency ABC on October 15, 2026. If Employee C completed 20 years of service at Agency ABC, Employee C will be eligible for 100% of the employer contribution upon retirement, for as long as Agency ABC has an active contract for PEMHCA, even if Employee C goes to work elsewhere before he retires. An employee hired on or after a vesting resolution is adopted, and provides 20 years of service at that agency, is eligible for 100% of the employer contribution upon retirement, regardless of the number of days after separation from employment. Should you have any additional questions or would like to request a vesting resolution template for your agency, please contact me at 916-795-3587. Sincerely, Terri McIntyre Contracts Analyst — Public Agency & Schools Office of Employer & Member Health Services AGENDA ITEM 7 RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: November 8, 2006 TO: Executive Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Deputy Executive Director SUBJECT: Maximum Accumulated Vacation Hours STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the revision to the Personnel Policies and Procedures Manual to amend Section 5.4, "Vacation"; and 2) Adopt Resolution No. 06-022, "Resolution of the Riverside County Transportation Commission Amending Its Personnel Policies and Procedures Manual for Maximum Accumulated Vacation Hours". BACKGROUND INFORMATION: In December 1998, the Commission established maximum accrued vacation balances of no more than twice the employee's annual accrual. Accrual of vacation hours cease once the employee's accumulated vacation hours equal the employee's maximum accumulation limit. This policy was adopted to encourage employees to enjoy time away from work to help balance their lives. It was not intended to penalize employees who do not have the ability to take vacation time as a result of Commission needs that require their presence. Staff believes that the Commission would benefit by amending this policy by allowing the Executive Director the latitude to approve vacation accruals in excess of the maximum accrued balance when there is a Commission staffing need that prevents an employee from using vacation hours. Approval of continued vacation accrual in excess of the maximum limit will be contingent upon the employee providing a plan demonstrating the future use of vacation hours after the Commission's needs have been met. Attachment: Resolution No. 06-022 Agenda Item 7 RESOLUTION NO. 06-022 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AMENDING ITS PERSONNEL POLICIES AND PROCEDURES MANUAL FOR MAXIMUM ACCRUED VACATION WHEREAS, the Commission has previously adopted personnel policies and procedures establishing the terms and conditions of employment the Commission; and WHEREAS, the Commission wishes to update its personnel policies and procedures; NOW, THEREFORE, be it resolved by the Riverside County Transportation Commission as follows; Section 1. The previously adopted personnel policies and procedures manual of the Commission are hereby amended for the revision of Section 5.4, Vacation, set forth in Attachment "A", attached hereto and incorporated herein. APPROVED AND ADOPTED this 8t day of November, 2006. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the. Board Riverside County Transportation Commission ATTACHMENT A Section 5.4 Vacation Regular and probationary employees of RCTC shall be entitled to accrue annual vacation based on the length of continuous service with RCTC. Employees in part-time positions shall accrue, on a pro-rata basis, vacation leave for completed pay periods. Such vacation shall be available for use on the first day following the pay period in which it is accrued. Each regular and probationary full-time employee will accrue, based on actual hours worked, on a pay period basis, the pay period equivalent of the applicable annual number of hours of vacation, in accordance with the employee's record of continuous years of service, unless it is negotiated by the employee at the time of hire: Continuous years of service Bi-weekly accrual Annual accrual Maximum accrued balance Hire date to completion of 3`d year 3.08 hours 80 hours 160 hours Beginning of 4ih year to completion of 9th year 4.62 hours 120 hours 240 hours Beginning of 10th year and forward 6.16 hours 160 hours 320 hours No full-time employee shall accumulate more vacation than twice the employee's annual accrual (for example, a full-time employee who accrues 120 hours per year cannot accumulate more than 240 hours of vacation). Accrual of vacation will cease once the employee's accumulated vacation hours equal the employee's maximum accumulation limit. Accrual of vacation will not recommence until an employee has used some vacation and the accumulated vacation has once again fallen below the maximum accumulation limit. Regular, part-time employees will accrue vacation on a pro -rated basis. The Executive Director may approve continued vacation accrual in excess of the maximum accrued balance in the event that RCTC requires the presence of employees who are in danger of reaching the maximum accumulation limit. The approval will be contingent upon the employee providing a plan demonstrating the use of vacation hours after the needs of RCTC have been met. Temporary employees of RCTC shall not be eligible for vacation benefits. Vacation may be taken in multiples of one quarter hour with the approval of the employee's immediate supervisor. Supervisors will only approve vacation for such time as will not impair the work schedule and efficiency of the department. Should employee vacation requests conflict with staffing requirements, the final determination for vacation approvals will be at the discretion of the First Line Supervisor in cooperation with the Department Head. 1