1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SC MSJ A B C D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SC MSJ A B C D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SC MSJ A B C D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SC MSJ A B C D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SC MSJ A B C D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SC MSJ A B C D
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
Member: $260.68 $326.84
Member and One: $519.02 $650.75
Family Coverage: $597.73 $749.43
Member: $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
Member + eligible dependents $14.00
Member + eligible dependents $95.00
*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.
4.1.2 Prescription Co-payment: Kaiser
Kaiser medical insurance coverage for prescription co-payment is $3.00.
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.
(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.
4.7 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.
4.10 Domestic Partners
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.
(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.
4.11.2 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
(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.
4.12.7 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.