Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL SPECIAL MEETING Council Chambers 200 “H” Street SEPTEMBER 27, 2017 4:00 P.M. 4:00 P.M. ROLL CALL Deborah Simpson, Chairperson Ademuyiwa “Ade” Adeyemi, Vice Chairperson Andrew Schleder April Ussam-Lemmons Vacant Farideh Faraji, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR SEPTEMBER 7, 2017 Recommended Action: Motion to continue the minutes to the next meeting STAFF REPORT 2. REGULAR AGENDA OATH for all intending to testify A. GRIEVANCE HEARING: CONSIDER APPEAL OF OPERATING ENGINEERS LOCAL UNION NO. 3 REGARDING THE CITY MANAGERS DENIAL OF THE GRIEVANCE THAT SECTION 12.1(B) OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANTIOCH AND OPERATING ENGINEERS LOCAL UNION NO. 3 HAS BEEN VIOLATED. STAFF REPORT  PUBLIC COMMENTS—Only unagendized issues will be discussed during this time WRITTEN/ORAL COMMUNICATIONS ADJOURNMENT Notice of Availability of Reports This agenda is a summary of the discussion items/actions proposed to be taken by the Board of Administrative Appeals. Materials provided regarding the agenda items will be available at the following website: http://www.ci.antioch.ca.us/CityGov/Agendas/default.asp or at the City Clerk’s Office located on the 3rd floor of City Hall, 200 H Street, Antioch, CA 94509, Monday through Friday, 8:30 a.m. to 4:30 p.m., for inspection and copying (for a fee). Copies are also made available at the Antioch Public Library for inspection. The meetings are accessible to those with disabilities. Auxiliary aides will be made available for persons with hearing or vision disabilities upon request in advance at (925) 779-7009 or TDD (925) 779-7081. Notice of Opportunity to Address the Committee The public has the opportunity to address the Board on each agenda item. To address the Board, fill out a yellow Speaker Request form, available on each side of the entrance doors, and place in the Speaker Card Tray. This will enable us to call upon you to speak. Each speaker is limited to not more than 3 minutes. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section on the agenda. No one may speak more than once on an agenda item or during “Public Comments”. PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS. STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE SPECIAL MEETING ON SEPTEMBER 27, 2017 PREPARED BY: Christina Garcia, Deputy City Clerk Cg DATE: September 21, 2017 SUBJECT: Board of Administrative Appeal Meeting Minutes of September 7, 2017 It is recommended that the Board of Administrative Appeals continue the Meeting Minutes of September 7, 2017, to the next meeting. 1A 09-27-17  ATTACHMENT C ÜPERATING lENGINEERS LOCAL UNION No. 3 1620 SOUTH LOOP ROAD, ALAMEDA, CA 94502-7089 • (510) 748-7400 • FAX (510) 748-7436 Jurisdiclion: Northern California, Northern Nevada, Utah, Hawaii, and the Mid-Pacific lslands Se11t via email to: citvclerl,@ci.antioch.ca.11s Arne Simonsen, CMC City Clerk/Secretary to the Board ofAdministrative Appeals City ofAntioch P.O. Box 5007 Antioch, CA 94531-5007 RE: Grievance #17581-20170804-l 04221 - Operating Engineers Local Union No. 3 v. the City ofAntioch -Payments for Retired Members. Ms. Simonsen, Please find the attached documents that the Operating Engineers Local Union No. 3 will utilize to supp01t their grievance and which the Board ofAppeals may find useful to review befare the hearing. 1. A copy ofthe City ofAntioch Medica! After Retirement Reimbursement Plan document. 2. A copy ofResolution 2005/05 -Implementing a temporary increase in the Medica! After Retirement Plan Cap. 3. A copy ofa Letter from Ca!PERS dated April 12, 2017 and entitled Health Benefits Circular Letter 4. A copy ofan email from Ms. Dawn Merchant dated March 20, 2017 - entitled Re: Medical after Retirement 5. A copy ofHarold Jirousky's Medical After Retirement Reimbursement (MARR) check stub from the City ofAntioch for the month ofMarch 2017. 6. A copy ofthe California Government Code Sections 22890 -22905. Ifyou need additional copies please feel free to contact our office and we will provide them. Sinc .� ¡fe-- vid L. Tuttle, RIHC ssociate House Counsel DLT:ítj S:\Pul>lic\Gricvm1ces\PE\1758 I City of Antioch • Rcp Unit IV\Bcnefits\Grv 1117581-20170804-104221\2017_9_2 I _Lcttcr transmittíng documents_dt.docx ·�tll Exhibit 1  CITYOFANTIOGH . MEDIGAL-AFTER-RET1REMENT REIMBURSEMENT PLAN UNITS I, III, AND IV The Medical-After-Retirement reimbursement Plan ("Plan") Is established to provide for City contributions toward medical insurance premiums for retired employees as outlined below; Eligibility for and enrollment in Clty-sponsored medical plans are governed by the City's insurance provider. Subject to the provision's and limitations of'this Plan, retirees ma'^ be enrolled in and'be reimbursed for tho premium expenses of alternative medical insurance plans, •• . ., • 1, ELIGIBILITY A. This Plan is available to regular City employees in Units I (Public Employees" Union, Local 1), HI, (.Treatment Plant Employees'Association), and IV (Antioch City Employees' Association) who; (1) are employed by the City on or after October 1,'1986; (2) are a minimum of fifty (50) years of gge;'(3). have ten (10) years of full-time regular (post-probationary) and probationary service or an' equivalent amount of part-time probationary 'or regular service (i.e. half time for twenty (20) years) with the City at the time of retirement; and (4) retire from the City under a PERS retirement and begin to draw PERS retirement benefits immediately upon separation from the Cily. •B. An employee who must retire due to an industrial injury and who meets criteria • (1), (3), and.(4) above Is eligible for Ihe benefits provided by this Plan at any age and .may continue to receive benefits for as, long as he/she-is receiving PERS disabilily retirement benefits. C.1 Dependents of eligible participants will be allowed to enroll in group medical insurance programs subject to the regulations of those programs and at the expense of the retiree. A spouse of a deceased retiree" ma'y continue group • medical coverage at his/her own cost, subject to the rules of the medical Insurance provider. Any benefit provided pursuant to this Plan would cease upon remarr.fage. . • C.2 Subject to'the limitations of the Insurance provider, the spouse of ah eligible retiree who retired on pr after October 15, 2002 may be enrolled in the safne "City-sponspred medical plan or the same alternative medical plan as the retiree. City contributions toward spousal medical premiums shall be provided'in accordance with .this Plan Document, T he spouse of 'a deceased retiree who retired on or aftor' October 15; 2002 shall be eligible for continued contributions under this Plan except that such eligibility shall cease upon remarrlage. Dependents, other than the, spouse, of a retiree who retired on or aft^r October 15,2002 may be enrolled i n C ity-sponsored m edlcal insurance, subject tot he regulations of the insurance carrier and at the expense of the retiree, The actual payment of benefits pursuant to Section C.2 shall begin on the first of the month following, adoption of this Plan Document by the City Couneil, .I.  C.3 Spouses and other Dependents' who were receiving benefits pursuant to C,1 and C.2 above and who lose dependent status shall have conversion rights or such continuation rights as exist under Federal law and subject to the rules of the group medical plans. At such time as the person loses dependent status, he/she should contact the City within sixty (60) days of the date coverage ends to make arrangements for conversion or continuation. It. ENROLLMENT PERIOD A, If an employee who is eligible to receive medical insurance premium payments pursuant to Section I of this Plan wishes to participate in City-Sponsored group medical coverage following his/her retirement, the employee must satisfy all of the enrollment requirements of the insurance carrier on the final day of his/her employment and must continue to meet such enrollment requirements while in .retirement. 'Other than verifying employment and/or retirement Information, the City shall have no responsibility to resolve eligibility disputes with group medical insurance providers. If a retiree who is eligible to participate in City-sponsored medical insurance does not enroll in this Plan immediately upon retirement, he/she may enroll in this Plan at a later day if he/she can show proof of continuous medical coverage from his/her date of retirement. Nothing in this section is intended to prevent retired eligible members from obtaining health'insurance from providers, other than those provided through the City group programs. In the event that such member chooses another insurance' carrier, the City's payment shall be as set forth in Section HI.B.2, B. If a retiree-chooses to enroll ih alternative health insurance, such enrollment must be made within thirty (30) days of the date the retirement becomes effective. A retiree who does not enroll in alternative health insurance within thirty (30) days of his/her retirement may enroll in this Plan at a later time if he/she can show proof ofrcontinupus medical coverage from the date of his/her retirement, C. Should a retiree, spouse or qualified dependent who Is enrolled in this Plan allow a lapse of coverage to occur, that persdn(s) will be droppec} from this Plan, Such retiree, spouse or qualified clependent may re-enroll in this Plan if the retiree, spouse and/or qualified dependent can show proof of continued medical coverage during the period he/she was not enrolled in this Plan. Actual enrollment in Cify-sponsored medical Insurance shall be subject to the limitations, of the insurance provider (i.e.; opon enrollment periods). •D. Retireos who are enrolled in this Pfan may add or delete dependents from. medical coverage, subject to the limitations of the medical insurance provider. I. COVERAGE A, Except as otherwise provided in this Plan, the medical insurance programs available to retirees stialf bo the same insurance programs currently offered to active employees a nd Clty-sponsored Medicare supplement plans except that: the City reserves the right to change medical insurance providers if it'changes providers for current employees. If any of the medica; providers are changed, the City will make provisions to'cover retirees, "2"  If the City adds additional medical insurance providers for current employees, those programs shall become eligible under this Plan for those employees working on or after the effective date of the change in providers. If provisions' can be made to offer such programs'to current retirees, the City will conduct a one- time open enrollment for such program(s), ' . B.1 For eliglbie employees who filed their retirement application prior to July 1, 1993, the City shall pay an amount for medical-after-retirement benefits not to exceed the premium for single-party .coverage with the City-Sponsored Medical 'Insurance Provider (individual insurance carrier in the case of multiple provider programs) that had. the highest enrollment of active City employees during the previous enrollment period. , ' • B.2 Further, for eligible employees who file their retirement applications on or after July 1, 1993, the City will pay as medical-after-retirement benefits an amount not to exceed what is paid for active employees for the sam© coverage as determined in Section III B.1. until that coverage reaches the cap ilsted below, The caps are- twice what the City paid effective June 30, 1993. If the caps-are. re"' negotiated at a later date, the .new caps shall apply to anyone who retires after. July 1,1993. . ' " ' ' .' 'Single Single with Medicare CAP $310 . $192 .B,3 For eltgibls employees who retire on or after October 15, 2002, the City will pay as medlcal-after-retirement benefits an amount' not to exceed what is paid for active employees for Ihe same coverage until that coverage reaches the cap listed below. If the caps are re-negotiated at a later date, the new caps shall apply to anyone who retires after October 15, 2002. Slnale Plus Spouse Sinole w/Medicare Spouge w/Medicare CAP $310 $620 $192 ' $384 B.4 The caps may be renegotiated based on actuarial studies of fund solvency. Any increase in the caps shall apply to anyone who retires on or after July 1, 1993 or October 15, 2002 as appropriate. B.5 The maximum payment to .retiree's whoobtairi health':insurarice"from providers other than City-Sponsored Providers shall be set at the same. rate as for retirees who are enrolled in a City'Sponsored program, Except that, in no event shall such benefit exceed l.he actual cost of such coverage or the caps as set forth above. • C. Upon reaching age 65 any retiree who Is enrolled in a City-sponsored medical program shall comply with the Medicare supplement requirements of the program provider, if any, -3-  IV. CONTRIBUTION LEVEL A. The City, shall contribute to this Plan an amount equal to a setp ercentage of salary per month as determined and, as may be changed from time to time, by an actuarial review. Such contribution shall be included in the salary resolutions for each probationary and regular employee in Units I, III and IV, For probationary or regular part-time e mployees, the City shall contribute said amount based on the appropriate prorallon of salary from the salary resolution, • B. The fund shall be established and administered by the City's Finance Department, Contributions shall be made monthly to the. fund. To insure highest possible Interest rates, deposits may be combined with other City funds, However, separate records wil! be kept and interest will be credited to the account annually. C, . Funds in this account belong to the Medicat-After-Retirement Plan and are for the uses set forth in this document, D. The City's contribuiion rate to this Plan shall be considered as part of salary for all compensation comparisons with other agencies, V. PAYMENT ' A. Premiums for City-sponsored medical plans shall be deducted from the retiree's PERS' check. Retiree may be responsible for authorizing these deductions at the time of retirement. Deductions can be made to cover dependents. The City will automatically reimburse retirees for the appropriate amount. B. Retirees who are enrolled in'an alternative medical plan shall submit a'request for reimbursement to the City. Requests for reimbursement may be made monthly 'but in no event less than once per year, Retirees who are enrolled In alternative medical coverage shall provide proof of payment with their reimbursement requests, C. Retirees who are responsible for the payment of medical premiums for their spouses' or other dependents shall pay any difference between the amount paid •by the City and the total amount of the premium, VI. This Plan Is 'subject to any and all applicable State and Federal regulations. Changes to the Plan necessan/ to comply with these regulations shall be made by the City, Furthermore, this Plan also may be subject to certain requirements imposed by the City- Sponsored medical insurance providers, VII. ADVISORY COMMITTEE A, The Advisory Committee shall consist of (1) one representative from each unit covered by this Plan; (2) one management representative appointed by the City Manager; and (3) one retiree nominated by the other members of the Committee and appointed by the City Manager. Ifthsr'e is no retiree avalfable and interesfed in serving on the Committee, this appointment shall be vacant. A quorum shall consist of at least two employee representatives and the management . representative. -4-  B. The purpose of the committee shall be to periodically review Plan finances, including actuarial and other financial reports, and to evaluate the applicafion and administration of the various provisions of this Plan Document. The Advisory Committee shall have no decision-making authority regarding the operation or funding of this Plan. The Advisory Committee may make recommendatfons to the City Manager regarding same. C, The Advisory Committee may meet upon request of any Committee member and shall meetat least once each calendar year. UAX—' y^t^E M.-/AUis^^/-) / c^. "" / / f~'f^ Z— ^Unit 1, Public Emp)6ye9s' Union, Local 1 " Date ^-UL^__— ,.2^0.-o^. Unit III, Treatment Plant . Date Employees' Association ^^7r»^ _ ^/n/az '.W-e^ 'tfhit IV, Antioch City Employees' Date Association ^'f^^^W^ /^//7/^ ^ /-^fty Manage ?<^0 Date' ^ -5-  Business Partner Name; CityofAnUoch CalPERSID:7/01602B39 Receivable ID; 100000014927225 Original Billed Amount! $376,023.09 Comaga Month; APRIL Total Billing Adjustments ; SO.OO Total Paymenls Mado; SO.OO Total Amounl Due ! $376.023.09 Duo Date ; 04/10/2017 I :Rel!fed ;!.. S600.S8 ~, $472.96 ,' $128.00 Retired :. ^600^6 :'." ••^i^,^::?«!iS6.::'^ ;^;:$l2a,oo .;;•;. I " $12B.OO .Retired $1,024.85 ; ?896.85 • ReUfedA, ' ; ^.^^$1,778.81^ :^1,806,81<.^;: :^:..::^28,00^' ;RelIred $300,4B ' $172.<8 ; $128.00 Re.Ured;V-:.- . $1,806.81 :^::\:''- ^r;;-•^,778,01^ ^V^OQ-S Retired $389.78 j $261.76 1. $128.00 FKiUred'^- $300.-) 8> v-' ^•;."^;^?si72^a.^^ ^^'siwxio^:': i Retired ^ew.m •; $520..»2 ?128.00 Retired ; ':. •$i;351;22 -. '. .•^::^323^:- ^smw::^ .'.:') Retired S?33.99 : $605.89 j $128.00 Retjfcd ww.n -.^^:.ssw^:::., ^: :. $12M0.7 ^ ; Retired $389.76 i' $261.76 $128.00 Retired. :$778.52 ;- •.•:':' ;.::^651.52^'.; ••;Y:-$128.00;\\ :ReUred 31,351.22 ; $1,223.22 $128,00 Retired : • $733.39 ..•; ^605,39.': ^..- $128.00. -: I Retired ?i,795.'16 ?1.687.'(8 [. S128.00 RaUred .:'. . ^ ;.$300.<IB .: - • •••':';.-.^W2,.18; •.• $.128,00 •:.: :RBtfrBd $1,876.00 ' 51,748.00 $128.00 Rejlred,^.- 51,112.63 . , :S9B4.63 :'~':- •.::;^S128.00.; ^ ;Rolired 5600.98 i S472.S6 1 $128.00 Ralired:': - $1;4B7.00 - '•'. : ^ $.1,339.00 .. • ;i;: $128,00. Retired $300.48 $172.48 I $128,00 ReBrcd ": ^876.61^: ". •'•'•: ;:<::?. ^5547.61..-:: ^^•- S128.00 •..: •• ; .Retired $1,351.22 ; $1,223.22 J-, $128.00 Retired'.: ^ .$1,080:99 -::-^-'i- :r,:^;f^52.W.^. ;::;;;,?128.00^^.  Mis cellaneous (1,111,1V) Caps for Employees retiring before 7/01/93 Single Highest Enrolled Plan 733,39 Direct Pay to PERS (128,00) Maximum Reimbursement 605,39 Cap not to exceed Single-Parfy Coverage of Highest Enrolled Plan Caps for Employees retiring after 7/01/93 but before 10/15/02 Single Single w/Medicare 310.00 192.00 Cap Increase 44.69 44.69 354.69 236,69 Direct Pay to PERS (128.00) (128.00) Maximum Reimbursement 226.69 108.69 Caps for Employees retiring after 10/15/02 Single 2-Party Single 2-Party w/Medicare w/Medicare 310,00 620.00 192.00 384.00 Temporary Cap Increase 44.69 89.38 44.QQ 89,38 354.69 709,38 236.69 473.38 Direct Pay to PERS (128.00) (•128.00) (128.00) (128.00) Maximum Reimbursement 226.69 581,38 108.69 345.38 Exhibit 2  RESOLUTION NO. 2005/05 RESOLUTION OF THE CH-Y COUNCIL OF THE CITY OF ANTIOGH IMPLEMENTING A TEMPORARY INCREASE IN THE MEDICAL AFTER RETIREMENT PLAN CAP'S WHEREAS the City Medical After Retirement (MAR) plans cap the amount the City will reimburse retirees for medical expenses and; WHEREAS the current caps were set in 1993 and the premiums of the City sponsored health plans have exceeded the current caps and; WHEREAS the city is in the process of conducting an actuarial study of the MAR funds including a review of the assumptions established when the last actuarial was completed m 2001 and completion of the achiarial study will take two to three months; NOW THEREFORE, be it resolved that; SECTION I: The City will increase the single, two party and family caps by $44.69, $89.38 and $193.90 respectively on a temporary basis until the actuarial study i$ complete and; SECTION II: After (he calculations are reviewed the City will determine if any adjustments to the cap will be made on an ongoing basis. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council on the City of Antioch at a regular meeting thereof held on the 11 day of January, 2005 by the following vote: AYES: Council Member Davls, Conley and Mayor Freitas NOES; Council Member Katinowski and Simonsen ABSENT; None Exhibit 3  Health Benefits A-CalPERS Circular Letter California Public Employees' Retirement System April 12, 2017 P.O. Box 942715 Sacramento, CA 94229-2715 (888) CalPERS (or 888-225-7377) Circular Letter No: 600-017-17 TTY: (877) 249-7442 Distribution: Special www.calpers.ca.gov To: Contracting Agency Health Benefit Officers and Assistant Health Benefit Officers Subject: Contracting Agency Minimum Employer Contribution Calculation for 2018 The purpose of this Circular Letter is to inform contracting Public Agencies and Schools of the new minimum employer health contribution for 2018. Background The Minimum Employer Contribution amount is prescribed by Government Code Section 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA) . The Minimum Employer Contribution was originally established as a specific dollar value with specified increases from calendar years 2004 through 2008. As of calendar year 2009, the calculated adjustments are based upon the medical care component of the Consumer Price Index-Urban(CPI-U). California Government Code 22892 of the PEMHCA establishes the contracting agencies' minimum health premium contribution for their participating active membership. In addition, this section provides that "commencing January 1, 2009, the employer contribution shall be adjusted annually by the board to reflect any changes in the medical care component of the CPI-U and shall be rounded to the nearest dollar." The table below displays the annual amounts of the Minimum Employer Contribution for active members. Minimum Employer Contribution by Calendar Year Year Index 2014 $119.00 2015 $122.00 2016 $125.00 2017 $128,00 2018 $133.00 California Government Code § 20000, et seq. Circular Letter No.: 600-017-17 April 12, 2017 Calculation of the Minimum Employer Contribution Using the 3,8 percent increase in the medical care component of the CPI-U, the minimum employer contribution for Calendar Year 2018 is $133.00. See calculation below. ($128.00 x 3.8% = $4.86 + $128.00 = $132.86, rounded to $133.00). Inflation Rate Changes In January 2017, the U.S. Bureau of Labor Statistics determined the annual percentage change in the medical care component of the CPI-U for 2016 was 3.8 percent. The table below provides an inflation comparison of medical care rates. Medical Care Inflation Year Index Percent 2012 414.924 3.7 2013 425.134 2.5 2014 435.292 2.4 2015 446.752 2.6 2016 463,675 3.8 Contribution Change Process Contracting agencies that have designated the PEMHCA Minimum as their monthly employer health contribution will have their employer billing automatically updated to reflect the new amount effective January 1, 2018. Contracting agencies do not need to take action unless they wish to make a change to their current contribution method. To do so, employers must submit a change resolution. Change resolutions are effective the first day of the second month following receipt by CalPERS. Questions Please call our CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377) and request a call back from our Health Contracts Unit to obtain the necessary change resolution template. Renee Ostrander, Chief Employer Account Management Division Page 2 of 2 Exhibit 4  Hoffmeister, Phil From: Merchant, Dawn Sent: Monday, March 20, 2017 3:11 PM To; Hoffmeister, Phil; Castro, Josephine Cc: 'Semore, Darren'; 'Kevin Scudero'; 'JiROUSKY603@comcast.net'; 'arbu!!ock12@gma!!.com' Subject: RE; Medical after retirement The $128 is not a fee, it is the required "minimum employer contribution" for the health coverage benefit that CalPERS direct bills the City for of the health premium of the retiree - this has always been that way. Therefore, if we pay the $128 to the retiree, the City is overpaying for the premium reimbursement as we would pay both the retiree and CalPERS, thus we deduct it from what the retiree is paid, I hope that makes sense. t>(tw^ Mer&dflfU: Finance Director CityofAntioch (925) 779-6135 From: Hoffmeister, Phil Sent: Monday, March 20, 2017 2;27 PM To: Castro, Josephine; Merchant, Dawn Cc; 'Semore, Darren'; 'Kevin Scudero'; 'JIROUSKY603@comcast,net'; 'arbullockl2@gm3il.com' Subject! RE; Medical after retirement Jo " Nikki Ausk provided me our most recent version of our medical after retirement agreement (attached), For starters, the reimbursement amount doesn't match, The agreement shows $310 yet you state it's $354.69 for single. Are you sure you're looking at Unit IV? And I don't see in our agreement about deducting any CalPERS charges, Can you provide documentation for this? Phil From: Castro, Josephine Sent: Monday, March 20, 2017 9:29 AM To; Hoffmelster, Phil; Merchant, Dawn Cc: 'Semore, Darren'; 'Kevin Scudero'; IJIROUSKY603@comcast,net'; 'arbullockl2@gmail.com' Subject: RE; Medical after retirement Retirees on Unit IV are receiving a cap amount of $354,69 for medical after retirement, However, there is a $128 fee that CalPERS charges the City and in return we deduct this $128 fee from their monthly cap reimbursement. Jo Castro City of^ntioch y man ce Vepartm ent Tlw: (925) 779-6134 fax; (925)-779-7054 Exhibit 5  CITYOFANTIOCH SEND.ORTO :VENDORMAME : :: ':: GHeeKDATE cuecK.no.;,;. . P.O. BOX 5007 V07235 JIROUSKY, HAROLD 03/24/17 928825 ANTIOCH,CA 94531-5007 iyVOlCE INU.MBER INYQIGEDATe P.O.NUMBER .IBESGRIRTldNy .GROSS AMOUNT .CRMEMaOISCOUHt: ^ETAMOU'Wr MED2017#1-12 04/01/17 MEDICAL AFTER RETIREME 226.69 0.00 226.69 TOTAL 22$.69 CITV OF ANTIOCH P.O. BOX 5007 ANTIOCH, CA 94531-5007 DATE ".CtieSKNO, AMOUNT ;:..., (925) 779-7055 03/24/17 928825 $********226.69 TOTHE JIROUSKY, HAROLD ORDER OF NON-NEGOTIABLE Exhibit 6 9/21/2017 Codes Display Text A ^€t/n^yz^€^ / LEGISLATIVE INFORMATION dfiSSSiS^aaa. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: I Select Code ^ i Section: Search UpA Add To My Favorites GOVERNMENT CODE - GOV TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) CHAPTER 1. Public Employees' Health Benefits [22750 - 22944.5] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22.) ARTICLE 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) 2289°- (a) The contracting agency and each employee or annuitant shall contribute a portion of the cost of providing the benefit coverage afforded under the health benefit plan approved or maintained by the board in which the employee or annuitant may be enrolled. (b) An annuitant is entitled to only one employer contribution. If more than one annuitant is receiving an allowance as the survivor of the same employee or annuitant, there shall be only one employer contribution with respect to all such annuitants. (c) The contribution of each employee and annuitant shall be the total cost per month of the benefit coverage afforded him or her under the health benefit plan or plans in which he or she is enrolled less the portion thereof to be contributed by the employer. The employer contribution for each employee and annuitant shall commence on the effective date of enrollment. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 1/15 9/21/2017 Codes Display Text 22892. (g) The employer contribution of a contracting agency shall begin on the effective date of enrollment and shall be the amount fixed from time to time by resolution of the governing body of the agency. The resolution shall be filed with the board and the contribution amount shall be effective on the first day of the second month following the month in which the resolution is received by the system. (b) (1) The employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the following: (A) Prior to January 1, 2004, sixteen dollars ($16) per month. (B) During calendar year 2004, thirty-two dollars and twenty cents ($32.20) per month. (C) During calendar year 2005, forty-eight dollars and forty cents ($48.40) per month. (D) During calendar year 2006, sixty-four dollars and sixty cents ($64.60) per month. (E) During calendar year 2007, eighty dollars and eighty cents ($80.80) per month. (F) During calendar year 2008, ninety-seven dollars ($97) per month. (2) Commencing January 1, 2009, the employer contribution shall be adjusted annually by the board to reflect any change in the medical care component of the Consumer Price Index and shall be rounded to the nearest dollar. (c) A contracting agency may, notwithstanding the equal contribution requirement of subdivision (b), establish a lesser monthly employer contribution for annuitants than for employees, provided that the monthly contribution for annuitants is annually increased to equal an amount not less than the number of years that the contracting agency has been subject to this subdivision multiplied by 5 percent of the current monthly employer contribution for employees, until the time that the employer contribution for annuitants equals the employer contribution paid for employees. This annual adjustment to the minimum monthly employer contribution for an annuitant as authorized by this subdivision shall not exceed one hundred dollars ($100). This subdivision shall only apply to agencies that first become subject to this part on or after January 1,1986. (Amended by Stats. 2006, Ch. 862, Sec. 1. Effective January 1, 2007.) 22893- (a) Notwithstanding Section 22892, the percentage of employer contribution payable for postretirement health benefits for an employee of a contracting agency subject to this section shall, except as provided in subdivision (b), be based on the member's completed years of credited state service at retirement as shown in the following table: Credited Years Percentage of Employer of Service Contribution https://leginfo.legislature.ca.go\//faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 2/15 9/21/2017 Codes Display Text 10 50 11 55 12 60 13 65 14 70 15 75 16 80 17 85 18 90 19 95 20 or more 100 This subdivision shall apply only to employees who retire for sen/ice and are first employed after this section becomes applicable to their employer, except as otherwise provided in paragraph (6). The application of this subdivision shall be subject to the following provisions: (1) The employer contribution with respect to each annuitant shall be adjusted by the employer each year. Those adjustments shall be based upon the principle that the employer contribution for each annuitant may not be less than the amount equal to 100 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer shall contribute an additional 90 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 health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. Only the enrollment of, and premiums paid by, state employees https://leginfo.legislature.ca.gov/faces/codes_disp]ayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 3/15 9/21/2017 Codes Display Text and annuitants enrolled in basic health benefit plans shall be counted for purposes of calculating the employer contribution under this section. (2) The employer shall have, in the case of employees represented by a bargaining unit, reached an agreement with that bargaining unit to be subject to this section. (3) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (4) The credited sen/ice of an employee for the purpose of determining the percentage of employer contributions applicable under this section shall mean state semce as defined in Section 20069, except that at least five years of service shall have been performed entirely with that employer. (5) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (6) The employer may, once each year without discrimination, allow all employees who were first employed before this section became applicable to the employer to individually elect to be subject to the provisions of this section, and the employer shall notify the board which employees have made that election. (b) Notwithstanding subdivision (a), the contribution payable by an employer subject to this section shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either: (1) Retired for disability. (2) Retired for service with 20 or more years ofsen/ice credit entirely with that employer, regardless of the number of days after separation from employment. The contribution payable by an employer under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section does not apply to any contracting agency, its employees, or annuitants unless and until the agency files with the board a resolution of its governing body electing to be so subject. The resolution shall be adopted by a majority vote of the governing body and shall be effective at the time provided in board regulations. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.) 22893.1. (a) Notwithstanding any other provision of this part, the percentage of employer contribution payable for postretirement health benefits for an employee of the City of Carson, California, shall be based on the employee's https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 4/15 9/21/2017 Codes Display Text completed years of credited service, provided that the City of Carson shall not pay an employer contribution for the first five years of that credited service, and shall pay thereafter as shown in the following table: Credited Years of Service Percentage of Employer Contribution 5 50 6 60 7 70 8 80 9 90 10 100 The application of this subdivision shall be subject to the following: (1) (A) The employer contribution with respect to each annuitant shall be mutually agreed upon through collective bargaining by the City of Carson and the exclusive representatives of employees of the city. The employer may adjust the amount from time to time through a collectively bargained memorandum of understanding. Changes to the employer contribution shall be ratified by a resolution passed by the city council of the City of Carson and that resolution shall be filed with the board. The employer contribution established by this paragraph shall not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. (B) In the case of employees not represented by a bargaining unit, the employer contribution with respect to each annuitant shall be determined pursuant to a resolution passed by a majority of the city council of the City of Carson and that resolution shall be filed with the board. (2) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 5/15 9/21/2017 Codes Display Text (3) The credited sen/ice of an annuitant for the purpose of determining the percentage of employer contributions applicable under this section shall mean credited service performed with the City of Carson. (4) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (b) This section applies only to the City of Carson and only with regard to an employee of the city who is first hired on or after January 1, 2014. (Added by Stats. 2013, Ch. 244, Sec. 1. Effective January 1, 2014.) 22894- (a) Notwithstanding any other provision of this part, the City of San Diego, the employees' exclusive representative, and unrepresented employees may agree that the employer contribution for postretirement health coverage shall be subject to the following: (1) Credited years of service that the employee worked with the City of San Diego. (2) A memorandum of understanding regarding postretirement health coverage mutually agreed upon through collective bargaining. This issue may not be subject to the impasse procedures set forth in Article 9 (commencing with Section 3548) of Chapter 10.7 of Division 4 of Title 1. (b) This section is not applicable to any employee who retired before the effective date of the memorandum of understanding. In the event that the memorandum of understanding establishes a retroactive effective date, this section applies only prospectively and any employee who retires before the memorandum of understanding is signed may not be affected by it. (c) No agreement reached pursuant to subdivision (a) shall be valid if it provides an employer contribution for employees with less than 10 years of credited service with the City of San Diego. (d) The City of San Diego shall provide, in the manner prescribed by the board, a notification of the agreement established pursuant to this section and any additional information necessary to implement this section. (e) This section shall only apply to employees who are either of the following: (1) Members of the San Diego Police Officers Association. (2) Unclassified or un re presented employees of the City of San Diego. (Added by Stats. 2010, Ch. 600, Sec. 1. Effective January 1, 2011.) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 6/15 9/21/2017 Codes Display Text 22895- (a) Notwithstanding any other provision of this part, a school employer, the employees' exclusive representative, and unrepresented employees may agree that the employer contribution for postretirement health coverage shall be subject to the following: (1) Credited years of service that the employee worked with the contracting agency. (2) A memorandum of understanding regarding postretirement health coverage mutually agreed upon through collective bargaining. This issue may not be subject to the impasse procedures set forth in Article 9 (commencing with Section 3548) of Chapter 10.7 of Division 4 of Title 1. (b) No agreement reached pursuant to subdivision (a) shall be valid if it imposes separate postretirement health coverage vesting requirements on employees in the same category and doing similar job duties. (c) This section is not applicable to any employee who retired before the effective date of the memorandum of understanding. In the event that the memorandum of understanding establishes a retroactive effective date, this section applies only prospectively and any employee who retires before the memorandum of understanding is signed may not be affected by it. (d) No agreement reached pursuant to subdivision (a) shall be valid if it provides an employer contribution for employees with less than five years of credited service with the school employer. (e) The contracting agency shall provide, in the manner prescribed by the board, a notification of the agreement established pursuant to this section and any additional information necessary to implement this section. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.) 22896- (a) Notwithstanding Section 22892, the percentage of employer contribution payable for postretirement health benefits for an employee of the Sacramento Metropolitan Fire District subject to this section shall, except as provided in subdivision (b), be based on the member's completed years of credited state service at retirement as shown in the following table: Credited Years Percentage of Employer of Service Contribution 5 25 6 30 7 35 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 7/15 9/21/2017 Codes Display Text 8 40 9 45 10 50 11 55 12 60 13 65 14 70 15 75 16 80 17 85 18 90 19 95 20 or more 100 The application of this subdivision shall be subject to the following: (1) (A) In the case of the employees represented by a bargaining unit, the employer contribution with respect to each annuitant shall be determined pursuant to a memorandum of understanding approved through a meet and confer process pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1) with any recognized employee organization. The issue shall not be subject to the impasse procedures set forth in Article 9 (commencing with Section 3548) of Chapter 10.7 of Division 4 of Title 1. (B) In the case of employees not represented by a bargaining unit, the employer contribution with respect to each annuitant shall be determined pursuant to a resolution adopted by a majority of the Sacramento Metropolitan Fire District Board of Directors and shall be in accordance with Section 7522.40. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 8/15 9/21/2017 Codes Display Text (C) The employer contribution established by this paragraph shall not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. (2) The credited service of an employee for the purpose of determining the percentage of employer contributions applicable under this section shall mean state service as defined in Section 20069, except that at least five years of service shall have been performed entirely with the Sacramento Metropolitan Fire District. (3) The Sacramento Metropolitan Fire District shall provide, in the manner prescribed by the board, a notification of the agreement and resolution adopted pursuant to paragraph (1) and any additional information necessary to implement this section. (4) The Sacramento Metropolitan Fire District shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (b) Notwithstanding subdivision (a), the contribution payable by the Sacramento Metropolitan Fire District shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either: (1) Retired for disability. (2) Retired for service with 20 or more years of sen/ice credit entirely with the Sacramento Metropolitan Fire District, regardless of the number of days after separation from employment. The contribution payable by the Sacramento Metropolitan Fire District under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section applies only to the Sacramento Metropolitan Fire District, or its successor. This section applies only with regard to the employees of the district hired on or after December 1, 2011. (Added by Stats. 2013, Ch. 774, Sec. -L Effective January 1, 2014.) 22897- (a) Notwithstanding any other provision of this part, a contracting agency and the employees' exclusive representative may agree that the employer contribution for postretirement health benefit coverage for an employee subject to this section shall be based on the employee's completed years of service credited with the contracting agency at retirement, with the contracting agency paying no employer contribution for the first 15 years of that credited service and paying 100 percent of the employer contribution for employees with credited service of 15 years or more. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 9/15 9/21/2017 Codes Display Text This section applies only to the North Orange County Community College District and the Riverside County Superintendent of Schools, only with regard to the employees of those agencies who are first hired on or after July 1, 1993. (b) An agreement entered into pursuant to subdivision (a) shall provide that the employer contribution for a part- time employee, with 20 years or more of credited service with the contracting agency, shall be 100 percent of the employer contribution. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.) 22898- (a) Notwithstanding any other provision of this part, the percentage of employer contribution payable for postretirement health benefits for an employee of the Alameda County Transportation Improvement Authority shall, except as provided in subdivision (b), be based on the employee's completed years of credited service, provided that the Alameda County Transportation Improvement Authority shall not pay an employer contribution for the first five years of that credited service, and shall pay thereafter as shown in the following table: Credited Years of Service Percentage of Employer Contribution 5 50 6 55 7 60 8 65 9 70 10 75 11 80 12 85 13 90 14 95 https://! eginfo.legislature.ca.gov/faces/codesjdisplayText.xhtml?! awCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 10/15 9/21/2017 Codes Display Text 15 ........................ 100 The application of this subdivision shall be subject to the following: (1) The employer contribution with respect to each annuitant shall be adjusted by the employer each year. Those adjustments shall be based upon the principle that the employer contribution for each annuitant may not be less than the amount equal to 100 percent of the weighted average of the health benefits plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest agency enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer shall not pay an additional contribution. (2) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (3) The credited service of an annuitant for the purpose of determining the percentage of employer contributions applicable under this section shall mean state sen/ice as defined in Section 20069, except that at least five years of credited service shall have been performed with the Alameda County Transportation Improvement Authority. (4) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (b) Notwithstanding subdivision (a), the contribution payable by the employer subject to this section shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either: (1) Retired for disability. (2) Retired for service with 15 or more years of service credit entirely with that employer, regardless of the number of days after separation from employment. The contribution payable by the employer under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section applies only to the Alameda County Transportation Improvement Authority, or its successor, and only with regard to the employees of the agency who are first hired on or after October 1, 2004. (Amended by Stats. 2010, Ch. 328, Sec. 88. Effective January 1, 2011.) 22899- (a) The contributions required of a contracting agency/ along with contributions withheld from salaries of its employees, shall be forwarded monthly, no later than the 10th day of the month for which the contribution is due. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 11/15 9/21/2017 Codes Display Text The contributions shall be credited to the Public Employees' Contingency Resen/e Fund as specified by Section 22910. (1) Deferrals or contributions paid by a contracting agency shall be paid through an electronic funds transfer method prescribed by the board. This payment requirement is effective upon declaration by the board. (2) A contracting agency that is unable, for good cause, to comply with paragraph (1), may apply to the board for a waiver that allows the agency to pay in an alternate manner as prescribed by the board, but not by credit card payment. (3) For the purpose of this subdivision, "electronic funds transfer" has the same meaning as that set forth in Section 20027.5. (b) A county superintendent of schools shall draw requisitions against the county school service fund and the funds of the respective school districts for the amount equal to the total of the employer contributions and the employee contributions deducted from compensation paid from those funds. The amounts shall be deposited in the county treasury to the credit of the contract retirement fund established pursuant to Section 20617. The county superintendent thereafter shall draw his or her requisitions against the fund in favor of the board which, when allowed by the county auditor, shall constitute warrants against the fund and shall forward the warrants to the board in accordance with this section. (c) If a contracting agency fails to remit the contributions when due, the agency may be assessed interest at an annual rate of 10 percent and the costs of collection, including reasonable legal fees, when necessary to collect the amounts due. In the case of repeated delinquencies, the contracting agency may be assessed a penalty of 10 percent of the delinquent amount. That penalty may be assessed once during each 30-day period that the amount remains unpaid. Additionally, the contracting agency may be required to deposit one-month's premium as a condition of continued participation in the program. (Amended by Stats. 2009, Ch. 118, Sec. 5. Effective January 1, 2010.) 2290°- (a) Notwithstanding any other provision of this part, the County of Mariposa and the employees7 exclusive representative may agree that the employer contribution for health coverage shall be subject to the following: (1) In the case of employees represented by a bargaining unit, a memorandum of understanding regarding health coverage, mutually agreed upon through collective bargaining, or, in the case of employees not represented by a bargaining unit, a resolution adopted by a majority of the county board of supervisors, providing as follows: (A) Establishing the amount of its employer contribution for its annuitants or employees at any amount equal to or above that of the adjusted employer contribution required by subdivision (b) of Section 22892. https://1eginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 12/15 9/21/2017 Codes Display Text (B) Providing an employer contribution amount for annuitants that is higher than the employer contribution provided for employees, except that any employer contribution may not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. This subparagraph shall only apply to an employee who retired before the effective date of the memorandum of understanding or resolution adopted pursuant to subdivision (a). If the memorandum of understanding or resolution establishes a retroactive effective date, this subparagraph shall apply only prospectively, and any employee who retires before the memorandum of understanding is signed or the resolution is adopted shall be subject to this subparagraph. (2) This subdivision shall not affect the obligations or benefits of either the annuitants or the county that exist at the time of the enactment of this section. (b) The County of Mariposa shall provide, in the manner prescribed by the board, a notification of the agreement established pursuant to this section and any additional information necessary to implement this section. (Added by Stats. 2012, Ch. 836, Sec. 1. Effective January 1, 2013.) 22901. Each contracting agency shall contribute to the Public Employees' Contingency Resen/e Fund, an amount sufficient to bear all of the administrative costs incurred by the board in providing to the employees and annuitants of that agency the health benefits provided by this part. The amount of the contributions required by this section shall be determined by the board and may include an appropriate share of overhead costs of the program. A contracting agency shall, in addition, contribute to the fund for each of its employees and annuitants the same amount as is required of the state under paragraph (2) of subdivision (b) of Section 22885. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.) 22902- (a) For the purposes of this section, the term "district" shall mean the San Francisco Bay Area Rapid Transit District. (b) Notwithstanding any other provision of this part, the district may make contributions for postretirement health benefits for its unrepresented employees, including members of the district board of directors to the extent that they are eligible for contributions under existing law, and members of any unit of employees whose terms and conditions of employment are determined through collective bargaining. Those contributions shall be subject to the following: (1) Credited years of service that the employee worked with the district. (2) An agreement with all represented employees regarding postretirement health coverage mutually agreed upon through collective bargaining. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&titie=2.&part=5.&chapter=1.&article=8. 13/15 9/21/2017 Codes Display Text (3) Contributions for postretirement health benefits for the district's unrepresented employees, including members of the district board of directors to the extent that they are eligible for contributions under existing law, may only be made in accordance with the eligibility criteria and schedule below. (c) An agreement reached pursuant to subdivision (b) shall provide that employer contributions for postretirement health benefits for employees shall be made in the following percentages for the applicable credited years of service: Credited Years of Service Percentage of Employer Contribution 10 50 11 60 12 70 13 80 14 90 15 100 (d) An agreement reached pursuant to subdivision (b) shall authorize full employer contributions for postretirement health benefits for those employees who retire for disability with five years of credited service with the district. (e) (1) This section shall only apply to district employees first hired on or after January 1, 2014, and to directors who first serve as a director on or after January 1, 2014. (2) This section shall apply to employees whose terms and conditions of employment are determined through collective bargaining only if the agreement is expressly incorporated by reference into, or made a part of, a memorandum of understanding. (f) This section is not applicable to any employee who retires before the effective date of the memorandum of understanding referenced in paragraph (2) of subdivision (e). In the event that the memorandum of understanding establishes a retroactive effective date, this section shall apply only to retirements occurring on or after the effective date of this section. https://leginfo.legislafcire.ca.gov/faces/codes_disp]ayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 14/15 9/21/2017 Codes Display Text (g) The district shall provide, in the manner prescribed by the board, a notification of each agreement established pursuant to this section or personnel action incorporating or applying this section, and any additional information necessary to implement this section. (Added by Stats. 2014, Ch. 216, Sec. 1. Effective January 1, 2015.) 22905- Any person or entity subject to the requirements of this chapter shall comply with the standards set forth in Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=2.&part=5.&chapter=1.&article=8. 15/15