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ARTICLE 4: FRINGE BENEFITS
4.1
Permanent/Probationary Unit Members
The
District's maximum contribution for medical insurance coverage for 2001/2002,
2002/2003, and
2003/2004
shall be the Kaiser Family Rate at the dollar amount set by the
carrier for that year (The District shall retroactively reimburse unit
members for the increased cost in Kaiser Family coverage, paid by the
employee from 11/1/01
to ratification date of this agreement). The District will pay the full
cost for medical, dental, vision and disability insurance programs at the
dollar amount set by the carrier for all subsequent years covered by this
agreement 2002-2004). Should the rate for any District
medical insurance program exceed the Kaiser Family Rate, the unit member
will have deducted from his/her paycheck the difference between the Kaiser
Family Rate and the rate for the medical insurance program in which the
unit member is enrolled (except as provided for in
4.1.2).
KAISER
7/1/01
11-1-01
11-1-02*
11-1-03* Member:
$213.41
$231.10 Member and
One:
$426.82
$462.20 Family
Coverage:
$603.96
$654.01
HEALTHNETMember:
$260.68
$326.84
Member
and One:
$519.02
$650.75 Family
Coverage:
$597.73
$749.43
HEALTHNET SELECTMember:
$336.24
$
421.58 Member
and One:
$672.50
$
843.18 Family
Coverage:
$974.72
$1,222.10
FLEXNET
– Paid by Employee
Member
$
474.48
Member
+ 1
$
948.93 Family
Coverage
$ 1,375.96
VISION
INSURANCE
Member
+ eligible dependents
$14.00
(per month)
DENTAL
INSURANCE Member
+ eligible dependents
$95.00
(per month)
*To
be completed when premiums are known.
4.1.1
Durable Medical Coverage for
Kaiser
Durable
medical coverage added to the Kaiser medical plan and the additional cost
is reflected in the Kaiser Family Rate dollar
amount.
4-1 4.1.2
Prescription Co-payment: Kaiser
Kaiser
medical insurance coverage for prescription co-payment is $3.00.
4.1.3
FlexNet
This program is
employee paid and allows the unit member to maintain coverage when he/she
moves outside of the service area. The District provides portability for
out-of-state retirees [those eligible for retirement benefits] up to the
Kaiser Family Rate. 4.1.4
Benefits:
Unit Members Assigned to the Children’s
Center
(a)
All
unit members working 80% or more of a full load shall have medical (cap at
$654.01 effective November 1, 2001), vision, dental and other benefits as
provided for in the CBA (Articles 4.1, 4.3, 4.4, 4.5 and 4.6) for other
permanent/probationary unit members.
(b)
All
unit members working less than 80% but more than 60% of a full load will
have prorated benefits up to the limits provided by the District if they
choose to participate in the plan(s) (i.e., 75% employee; 75% of benefit
cost paid by District, 25% paid by employee). Those who elect to
participate in medical, vision, and/or dental insurance shall have the
prorated portion of these benefits deducted from their
paychecks.
(c)
Unit
members who work less than 60% of a full load may elect to purchase
medical, vision and/or dental insurance and shall have the cost of these
benefits deducted from their paychecks.
Except as specified herein, all other provisions
of Article 4 do not apply to unit members assigned to the Children’s
Center.
4.2
Health Coverage: Temporary Credit and Non-Credit Unit
Members
(a)
The District shall contribute no more than the Kaiser medical
coverage for either subscriber or subscriber plus one (currently $462.20
per month to be amended on 11/01/2001
at the dollar amount set by the carrier for that year and all
subsequent years covered by this agreement, 2001-2004)
for currently employed part-time temporary credit unit members who
teach twelve (12) credit units or more in an academic year and who teach
at least six (6) credit units in the Fall semester. The six (6) credit units trigger
in the Fall semester may include a “condensed” course that begins later in
the semester. If any course, including the “condensed” course, is
cancelled based on enrollment and this results in the unit member carrying
less than six (6) credit units, the unit member’s District provided
coverage will be discontinued and the unit member will repay the District
for the coverage already provided by the District. Unit members who retire
subsequent to July 1, 1995 and who are eligible for benefits under Section
4.11 shall not be eligible for this benefit.
(b)
Currently
employed unit members working in the non-credit FTES generating program
for 60% or more of a full-time equivalent load and fee based intensive
English program instructors, shall qualify for $100.00
per month District contribution to Kaiser medical coverage. No spousal waiver is permitted on
the one
hundred ($100.00) dollar
contribution.
(c)
Temporary
unit members who do not qualify for health benefits otherwise provided for
in this agreement may enroll for health benefits, upon approval of the
carrier, by paying the necessary premiums to the
District.
4-2 (d)
Dental Coverage.
Unit
members who qualify for health care coverage in 4.2 above shall qualify
for a reimbursement of up to $100.00 per visit, maximum of two visits, or
$200.00 per fiscal year for a single subscriber, or $400.00 per fiscal
year for a subscriber plus one, based on submission to the District of an
itemized invoice from a dentist outlining the services provided, submitted
within 30 calendar days of the end of the fiscal year. The District shall reimburse the
unit member within 30 days of receipt of a verified itemized
invoice.
4.3
Insurance Coverage: Notification
Guidelines
(a)
Within
thirty (30) days of employment, each new unit member shall receive
complete information regarding all District insurance coverage for which
he/she is eligible. He/she
shall enroll or file an intention not to enroll within thirty (30) days of
receipt of this information.
All unit members, once enrolled, shall maintain their enrollment
unless they, by their action, filed in writing, choose to terminate
temporarily, or change enrollment.
(b)
All insurance coverage and changes in such coverage shall become
effective on the first day of the month following receipt of the unit
member's request for coverage or change of coverage. In the event that the unit member
shall request a change of coverage, he/she shall continue to be covered by
the carrier from which he/she is changing until such time as the new
coverage is instituted.
(c)
A unit member who is enrolled in a hospital-medical plan for at
least two (2) consecutive coverage periods and whose enrollment terminates
because of loss of eligibility or termination of employment, shall be
given the opportunity to convert to coverage outside the District program,
as may be available in his/her particular plan.
4.4
Insurance Committee
An
Insurance Committee shall be formed consisting of two (2) members selected
by UPM/AFT, no more than four (4) members selected by the classified staff
and two (2) members selected by the District. The Committee shall review and
recommend insurance carriers and shall oversee the operations of the
carrier with regard to the establishment and maintenance of a high level
of service to the members of the various plans. The Committee will regularly
review the performance and services provided by the Broker(s) of Record
and/or benefit consultant(s) to the District. The Committee shall make
recommendations to the exclusive representatives and to the District
regarding improvement and/or economies in fringe benefit
coverage.
4.5
AD&D Insurance
The
District shall provide to eligible unit members, $250,000 of "on the job"
AD&D insurance at no cost to the unit member. Additional "twenty-four hour"
AD&D insurance coverage, as well as family coverage, may be offered
and selected at the unit member's expense (effective November 1,
1991).
4.6
Payroll Deductions for Benefits
Any
payroll deductions for benefits by a unit member will be "sheltered as
pre-tax dollars" as provided for in relevant State or Federal
statutes.
4-3 4.7
Medical Waiver
(a)
Any
permanent/probationary credit unit member may voluntarily waive District
medical benefits if he/she can provide documentation of comparable
coverage under another plan (Form F 4.7(a)). Permanent/probationary credit unit
members opting not to participate in medical coverage must notify Human
Resources no later than October 1, of each year, provide documentation at
that time and sign the applicable declaration. Permanent/probationary credit unit
members who elect to waive medical benefits
shall be provided with a $1500
annual payment.
The payments shall be reduced on a pro rata basis for new unit
members who waive coverage for less than a full year. Permanent/probationary credit unit
members shall have their waiver payments made by check no later than
December 15th. To be
reinstated, unit members must apply during the Fall open enrollment
period.
(b)
Temporary credit unit members who are eligible for Kaiser medical
coverage under Article 4.2 of the CBA may voluntarily waive District
medical benefits if he/she can provide documentation of comparable
coverage under another plan (Form F 4.7 (b)). Temporary credit unit members
shall receive half of the waiver payment ($750)
by December 15th, with the balance being paid by check no later
than March 15th of the following semester, if they remain eligible for the
waiver in that Spring semester.
For unit members with late starting classes, the balance will be
paid by check no later than April 15th, if they remain eligible
for the waiver in that Spring semester. To be reinstated, temporary credit
unit members must apply during the Fall open enrollment
period.
(c)
Temporary
unit members working in the non-credit FTES generating program who are
eligible for the District contribution to Kaiser medical coverage under
Article 4.2 of the CBA may waive this contribution if he/she can provide
documentation of comparable coverage under another plan (Form F 4.7
(c)). If a unit member waives
this coverage, there is no monetary remuneration from the District in lieu
of this coverage. To be
reinstated, temporary non-credit unit members must apply during the annual
Fall open enrollment period.
4.8
Life Insurance
The
District agrees to provide for all eligible unit members, life insurance
coverage in the amount of $50,000.
4.8.1
An optional portable, permanent, voluntary life insurance plan may
be offered to eligible unit members at no direct cost to the District
beyond submission of the contribution to the underwriter. Payment to this plan may be made
by monthly payroll deductions.
E.O.I./First Penn Pacific Insurance Company will be the company to
offer the insurance plan.
4.9
CRA Trust
The
District shall be responsible for the total CRA contribution during the
term of this agreement, not to exceed a total amount of $54.00
per unit member. The
trust was established by the United Professors of Marin and shall be
administered solely by the UPM.
It is recognized that the District shall have no trustees on the
Trust and shall not be involved in administering the Trust. The Trustees will be solely liable
for the Trust's administration and debts, as provided for by the law and
the trust document. The
District is neither a fiduciary of the trust nor a participant or a
beneficiary of the trust. The
District’s obligation is to provide necessary employment or retirement
data to the Trust, and to make the contributions called for herein and in
the Trust document.
4.9.1
UPM will hold the District harmless from any liability arising from
the creation or administration of the Trust described in 4.9, so long as
the District fulfills its obligation as described in
4.9.
4.9.2
Permanent/probationary unit members hired after 7/l/88 will have
the CRA as their exclusive health benefit upon retirement from the
District. The retirement
benefits of Articles 4.11.1, 4.11.2, and 4.11.3 will not apply to these
unit members.
4-4 4.10
Domestic Partners
A.
Definitions.
Qualifying
Partner. Any
full-time permanent/probationary unit member who meets the criteria in
4.10 B 1. & 2. (a)-(p) below.
Domestic
Partner. Any
partner of a qualifying partner who meets the criteria in 4.10 B 1. &
2. (a)-(p).
Domestic
Partnership. Domestic
partners are two persons, each aged 18 or older, who have chosen to live
together in a committed relationship and who have agreed to be jointly
responsible for living expenses incurred during the domestic
partnership.
Live
Together. "Live
together" means that two people share the same living quarters. Each partner must have the legal
right, documented in writing, to possess the living
quarters.
Living
Expenses. "Responsible
for living expenses" means that the partners are jointly responsible for
the common welfare and financial obligations of each other which are
incurred during the domestic partnership.
B.
Eligibility and Enrollment Criteria.
1.
In order to enroll for coverage of the domestic partner, the
qualifying partner and his/her domestic partner must complete, sign under
penalty of perjury, and file with the District an affidavit attesting to
their meeting eligibility requirements, as provided below (Form F
4.10).
2.
In order to be eligible for domestic partner coverage, the
following criteria must be
met:
(a) The benefit must be one for
which the qualifying partner's spouse would be eligible, if the qualifying
partner was married. Such
benefits include medical, dental and vision coverage. Retirement Medical insurance, Life
Insurance and Disability Insurance are not included. Benefits will not be provided for
the dependents of the domestic partner.
(b) The qualifying partner and the
domestic partner must be domestic partners according to the definition in
Section A. above.
(c) Both members of the domestic
partnership must have reached the age of 18 and be mentally competent to
consent to a contract.
(d) The qualifying partner and
domestic partner must be each other's sole domestic
partner.
(e) Neither member of the domestic
partnership may be married.
(f) Neither member of the domestic
partnership may have had another domestic partner within the previous six
months, unless that domestic partnership terminated by
death.
(g) Neither of the domestic
partners is related to the other by blood as would prevent them from
marrying under California law (i.e., parent, child, sibling, half-sibling,
grandparent, grandchild, niece, nephew, aunt uncle).
(h) The domestic partners must
share the same principal place of residence and intend to do so
indefinitely. They must
disclose the address of that residence.
4-5
(i) The domestic partners must
agree that they both are jointly responsible for the common welfare and
financial obligations of each other which are incurred during the domestic
partnership. The partners'
practice need not be to contribute equally to the cost of the living
expenses as long as they agree that both are responsible for the total
cost.
(j) The
domestic partners must acknowledge that they understand and agree that the
qualifying partner may make health plan and other benefit elections on
behalf of the domestic partner.
(k) The domestic partners must
acknowledge that the District may require supportive documentation
satisfactory to the District concerning any and all eligibility
criteria. Such documentation
may include a deed showing joint ownership of property, a lease stating
both partners' names as lessees, a joint bank account, or other similar
documentation.
(l) The
domestic partners must acknowledge that they understand that in addition
to the eligibility requirements of the District for domestic partner
coverage, there are terms and conditions and limitations of coverage set
forth in the offered benefit plans themselves. The domestic partners must agree
that by executing the affidavit, each agrees to be bound by the terms and
conditions of coverage of the plans.
(m) The
qualifying partner must acknowledge that he or she understands that under
applicable federal and state tax law, District-provided benefits coverage
of the domestic partner could result in imputed taxable income to the
qualifying partner, subject to income tax withholding and applicable
payroll taxes.
(n) The
domestic partners must agree to notify the District within 30 days if
there is any change of circumstances attested to in their affidavit. The notice is to be in the form of
an amendment of their affidavit.
The domestic partner must agree that the qualifying partner may
terminate the domestic partner benefits unilaterally, at any time,
irrespective of the view of the domestic partner. If the qualifying partner executes
such an option, that qualifying partner shall notify the domestic partner
as soon as possible that his/her benefits have been terminated and it
shall be sole responsibility of that qualifying partner to make such
notification.
(o) The
domestic partners must acknowledge that they understand that, if either
has made a false statement regarding his/her qualification as a domestic
partner or has failed to comply with the terms of the affidavit, the
District shall have the absolute right to terminate any and all of the
domestic partner's benefits in accordance with the eligibility procedures
specified in the health benefits plan. Additionally, if the District
suffers any loss thereby, the District may bring a civil action against
either or both of the domestic partners to recover its losses, including
reasonable attorney's fees and court costs.
(p) The domestic partner must
acknowledge that the District Administrator of any benefit plan will
initially determine whether a domestic partner is qualified for
benefits. Disputes shall be
resolved as provided for in Article 12 of the
agreement.
4.11
Fringe Benefits for
Retirees
4.11.1 Unit
Member/Retired on Disability. All permanent/probationary
unit members with at least ten (10) years of full-time service in the
District, when retired for medical disability, will be covered by the
District's Kaiser Medical Insurance Policy or any other Medical Insurance
Policy currently offered by the District up to the dollar limit of Kaiser,
if allowed by carrier, until he/she reaches the age of seventy (70) or to
the date of death, whichever is earlier. One (1) eligible dependent will
also be covered until the staff member reaches the age of seventy (70) or
to the date of the former unit member's death, whichever is earlier, and
with approval of the insurance carrier.
4-6 4.11.2 Unit
Member/Non-Disability Retirement. Upon retirement, a
permanent/probationary unit member with at least fifteen (15) years of
full-time service in the District will be covered by the District's Kaiser
Medical Insurance Policy or any other Medical Insurance Policy currently
offered by the District up to the dollar limit of Kaiser, if allowed by
carrier, until he/she reaches the age of seventy (70), or the date of
death, whichever is earlier.
One (1) eligible dependent will also be covered until the staff
member reaches the age of seventy (70), or to the date of the former unit
member's death, whichever is earlier, and with the approval of the
insurance carrier.
4.11.3 Dental
Coverage. All retired
unit members qualifying above and retiring on or after July 1, 1981, shall
receive the District's dental coverage until age seventy (70) at District
expense.
4.11.4 Senior Medical
Programs. Effective
with retirements occurring after the ratification date of this agreement
any unit member who qualifies for District approved medical insurance
coverage and Social Security Medicare Part A and Medicare part B and who
reaches 65 years of age during retirement, or is 65 years of age or older
at the time of retirement, must participate in the Kaiser Senior Advantage
Program or the HealthNet Seniority Plus Program, with District support up
to the limits specified in 4.11.1 or 4.11.2. Retirees who do not qualify for
Social Security Medicare Part A and Medicare Part B shall continue to be
provided medical benefits as described in 4.11.1 or
4.11.2.
4.12
Phased-In Early
Retirement
4.12.1
Permanent/probationary unit members shall have the right to reduce
their workload and maintain retirement benefits,
provided:
(a) The unit member has reached
the age of fifty-five (55) prior to reduction in
workload.
(b) The unit member has been
employed full-time as a permanent full-time unit member in a position for
at least ten (10) years, of which the immediate preceding five (5) years
were full-time employment.
4.12.2 The unit
member shall be paid a salary which is the pro rata share he/she would be
earning had he/she not elected to exercise the option of part-time
employment, but shall retain all other rights and benefits for which
he/she makes the payments that would be required if he/she remained in
full-time employment. The
unit member shall receive all benefits in the same manner as a full-time
unit member for the first five (5) years of part-time employment. For the next five (5) years of
leave the unit member shall pay for the cost of benefits based on the
percentage of work load reduction; i.e. if reduced to a 50% workload the
unit member would contribute 50% of the benefit
costs.
4.12.3 The minimum
part-time employment shall be the equivalent of one-half of the number of
days of service required by the unit member's contract of employment
during his/her final year of service in the full-time position, i.e.,
one-half of the full-time assignment. Both the unit member and the
District shall contribute to the teacher's retirement fund the amount that
would have been contributed had the unit member been employed on a
full-time basis. The reduced
load may be apportioned over the school year.
4.12.4 The unit
member shall receive the retirement credit he/she would have received if
employed on a full-time basis and have his/her retirement allowance and
other retirement benefits based on the salary he/she would have received
if employed on a full-time basis.
4.12.5 No more than
ten (10) years of part-time status shall be permitted. In the event of an emergency
created by a medical or financial hardship, a member who has begun this
program may return to full-time employment and later resume the program
upon agreement with the District.
4.12.6 A unit member
desiring to apply for retirement, pursuant to this Section, must do so in
writing by April 15 preceding the academic year in which he/she desires
the plan to begin.
4-7
4.12.7 Assignment of
personnel to part-time duties under this early retirement plan is the
responsibility of the Superintendent/President. The transfer and assignment
provisions of the collective bargaining agreement shall be
applicable. The unit member
can return to full-time employment only with the mutual consent of the
unit member and the District.
4.13
Retirement Incentive Program for Years
2002-2004
Any
permanent unit member who retires under this option shall immediately
become a Retired Eligible Temporary Credit Unit Member (RETCUM) in the
discipline he/she is retiring from and in accordance with the provisions
of 6.8 of the CBA commencing with the date of retirement for a period not
to exceed two (2) years.
He/she shall be placed at Step 14 in the same column from which
he/she retired (and will not advance on the Certificated Salary Schedule)
and shall be senior to all ETCUMs except those who retired effective
1991-92, 1993-94, 1995-96, or 1998-2001 and shall not be subject to the
lottery provisions of 6.8 of the CBA. However, if two or more retirees
occupy the same Step in a particular discipline, they shall be subject to
a lottery amongst themselves.
4-8 |
