ABSTRACT: Memorandum of Understanding between The
City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit (January 1, 2017- June 30, 2019) document copy is embedded. HIGHLIGHTS,
including ARTICLE 1: PREAMBLE, ARTICLE 2: RECOGNITION, ARTICLE 3: TERM OF
CONTRACT, ARTICLE 4: COMPENSATION, ARTICLE 6: CAL-PERS RETIREMENT
PLAN and ARTICLE 30: EFFECT OF AGREEMENT, are featured.
Memorandum of
Understanding between The City of Carmel-by-the-Sea and City of
Carmel-by-the-Sea General Unit
January 1, 2017-
June 30, 2019
HIGHLIGHTS:
ARTICLE 1:
PREAMBLE
This Memorandum
of Understanding (MOU) is made and entered into between the City of Carmel-by-the-Sea,
hereinafter referred to as "City," and the Laborers' International
Union of North America, United Public Employees of California,
LIUNA!UPEC, Local 792, hereinafter referred to as "Union"
pursuant to California Government Code Section 3500 et seq. The purpose
of this MOU is the establishment of rates of compensation, hours of work and
other terms and conditions of employment. Existing practices and/or
benefits which are not referenced in this MOU and which are subject to
the meet and confer process shall continue without change unless
modified subject to the meet and confer process.
ARTICLE 2:
RECOGNITION
2.1 The City of
Carmel-by-the-Sea recognizes the Union as the exclusive representative for the
following non-exempt classifications.
1. Administrative
Coordinator (Fire, Planning and Building, and Public Works)
2. Assistant
City Forester
3. Assistant
Planner
4. Building
Inspector
5. Facility
Maintenance Specialist
6. Circulation
Supervisor
7. Code
Enforcement Officer
8. Community
Activities Assistant
9. Facility
Maintenance Worker
10. Finance
Analyst
11. Finance
Specialist
12. Financial
Services Coordinator
13. Forest Care
Worker
14. Hourly
Library Assistant
15. Librarian I
16. Librarian II
17. Library
Assistant
18. Maintenance
Worker
19. Maintenance
Worker/Gardener
20. Permit
Technician
21. Planning
Technician
22. Program
Supervisor
23. Public
Service Maintenance Worker I
24. Public
Service Maintenance Worker II
25. Senior
Maintenance Worker (Cement Mason, Equipment Operator, Sweeper Operator,
Traffic Markings Painter, Mechanic)
26. Streets
Supervisor
27. Tree Care
Specialist
2.2 Notwithstanding any other provisions in this MOU, part time hourly positions are not entitled to any other compensation or benefit not specifically listed herein.
ARTICLE 3: TERM
OF CONTRACT
3.1 The term of
this MOU shall be from January 1, 2017 through June 30,2019.
ARTICLE 4:
COMPENSATION
4.1 Wages:
The hourly rate
salary steps for all classes in this representation unit shall be increased by
two percent (2%),
effective January 1, 2017.
The hourly rate
salary steps for all classes in this representation unit shall be increased by
an additional two
percent (2%), effective January 1, 2018.
The hourly rate
salary steps for all classes in this representation unit shall be increased by
an additional two
percent (2%), effective January 1, 2019.
ARTICLE 6:
CAL-PERS RETIREMENT PLAN
6.1 Tier I:
Bargaining unit members hired on or before November 1, 2011
6.1.1. The
"2% at 55" retirement formula shall be available to bargaining unit members
hired on or before November 1, 2011.
6.1.2. Final
Compensation Based on 12-Month Period
For the purposes
of determining a retirement benefit, final compensation for bargaining unit members
covered by this Section mean the highest consecutive twelve (12) month period.
6.1.3. Required
Member Contributions
Bargaining unit
members covered by this section shall continue to pay, through payroll deduction,
the 7.0% member contribution.
6.1.4. Pension
Cost Sharing
Effective
November 1, 2015, or when the PERS contract amendment is processed whichever is
sooner, in addition to paying the 7.0% member contribution, bargaining unit
members covered by this Section shall pay, through payroll deduction, an
additional 1.5% of PERSable compensation towards the City's costs, for a total
contribution of 8.5% toward the normal cost of pension benefits as permitted by
Cal. Gov. Code Section 20516.
Effective July
1, 2016, in addition to paying the 7.0% member contribution, as well as 1.5% of
the employer contribution, bargaining unit members covered by this Section
shall pay, thorough payroll deduction, an additional 1.5% of PERSable
compensation towards the City's costs, for a total contribution of 10% toward
the normal cost of pension benefits, as permitted by Cal. Gov. Code Section
20516.
The parties
acknowledge that CalPERS mandates an election by unit members, separate from
ratification of this MOU, to provide for this cost sharing pursuant to Cal.
Gov. Code Section 20516. As soon as practicable after the effective date of
this MOU, the City will initiate the PERS contract amendment process. Upon
approval and agreement from the bargaining unit and completion of the City's
amendment to the PERS contract, unit member contributions will be made pursuant
to Cal. Gov. Code Section 20516. If the contract amendment is not complete
before the effective date of the cost sharing described in this Section, the
cost sharing shall be implemented outside of a PERS contract amendment as
authorized by Cal. Gov. Code Section 20516(f). The Union and the City will take
all actions necessary to implement the pension cost sharing agreement described
in this Section.
6.2 Tier II:
Bargaining Unit Members Hired After November 1, 2011 and Prior to January 1,
2013, and Unit Members Qualified for Reciprocity (Classic Members).
6.2.1. This
Section 6.2 (including subsections) shall apply to bargaining unit members
hired on or after November 1, 2011 and prior to January 1, 2013. In addition,
this Section 6.2 shall apply to bargaining unit members hired on or after
January 1, 2013, who are qualified for pension reciprocity as stated in Cal.
Gov. Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member)
requirements.
6.2.2. The
"2% at 60" retirement formula shall be available to bargaining unit members
covered by this Section.
6.3 Final
Compensation Based on Three-Year Final Average
For the purposes
of determining a retirement benefit, final compensation for bargaining unit
members covered by this Section shall be determined by the average of the final
three years of the member's salary.
6.4 Required
Member Contributions
Bargaining unit
members covered by this section shall continue to pay, through payroll
deduction, the 7.0% member contribution.
6.5 Pension Cost
Sharing
Effective
November 1, 2015, in addition to paying the 7.0% member contribution, bargaining
unit members covered by this Section shall pay, through payroll deduction, an
additionall.5% of PERSable compensation towards the City's costs, for a total contribution
of 8.5% toward the normal cost of pension benefits as permitted by Cal. Gov.
Code Section 20516.
Effective July
1, 2016, in addition to paying the 7.0% member contribution, and 1.5% of the employer
contribution, bargaining unit members covered by this Section shall pay,
thorough payroll deduction, an additional 1.5% of PERSable compensation towards
the City's costs, for a total contribution of 10% toward the normal cost of
pension benefits, as permitted by Cal. Gov. Code Section 20516.
The parties
acknowledge that CalPERS mandates an election by unit members, separate from
ratification of this MOU, to provide for this cost sharing pursuant to Cal.
Gov. Code Section 20516. As soon as practicable after the effective date of this
MOU, the City will initiate the PERS contract amendment process. Upon approval
and agreement from the bargaining unit and completion of the City's amendment
to the PERS contract, unit member contributions will be made pursuant to Cal.
Gov. Code Section 20516. If the contract amendment is not complete before the
effective date of the cost sharing described in this Section, the cost sharing
shall be implemented outside of a PERS contract amendment as authorized by Cal.
Gov. Code Section 20516(f). The Union and the City will take all actions
necessary to implement the pension cost sharing agreement described in this
Section.
6.6 Tier III:
PEPRA Retirement Tier Required for Bargaining Unit Members Hired On or After
January 1, 2013 (Non-Classic Members)
6.6.1. This
Section shall apply to bargaining unit members who were hired on or after
January 1, 2013, and who do not qualify for pension reciprocity (non-Classic
Members) as stated in Cal. Gov. Code Section 7522.02(c).
6.6.2. 2% at 62
Formula
The "2% at
62" retirement formula will be available to bargaining unit members
covered by this Section.
6.6.3. Final
Compensation Based on Three-Year Final Average Salary
For the purposes
of determining a retirement benefit, final compensation for bargaining unit
members covered by this Section shall be determined by the average of the final
three years of the member's salary.
6.7 Required
Member Contributions
As required by
Cal. Gov. Code Section 7522.04(g), effective January 1, 2013, bargaining unit
members covered by this Section shall pay, through payroll deduction, fifty
percent (50%) of normal costs.
6.8 Pension Cost
Sharing
Effective
November 11, 2015, in addition to paying 50% of normal costs as described
above, bargaining unit members covered by this Section shall pay, through
payroll deduction, an additional 1.5% of PERSable compensation toward the
City's cost of pension benefits, as permitted by Cal. Gov. Code Section 20516.
Effective July
1, 2016, in addition to paying 50% of normal costs as described above,
bargaining members covered by this Section shall pay, through payroll deduction,
an additional1.5% of PERSable compensation toward the City's normal cost of
pension benefits as permitted by Cal Gov. Code Section 20516, for a total of
3.0% of PERSable compensation paid toward the City's costs.
The parties
acknowledge that CalPERS mandates an election of unit members, separate from
ratification of this MOU, to provide for this cost sharing pursuant to Government
Code Section 20516. As soon as practicable after the effective date of this
MOU, the City will initiate the contract amendment process. Upon approval and
agreement from the bargaining unit and completion of the City's amendment to
the Ca!PERS contract, unit member contributions will be made pursuant to Government
Code Section 20516, Unit member Cost Sharing of Additional Benefits. 1f the
contract amendment is not complete before the effective date of the cost
sharing described in this Section 6.3, the cost sharing shall be implemented outside
of a Ca!PERS contract amendment as authorized by Government Code Section
20516(f). The Union and the City will take all actions necessary to implement
the pension cost sharing agreement described in this Section 6.3.
6.9 As permitted
by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516,
each unit member shall pay through payroll deductions the PERS contributions described
in Section 6 with state and federal income tax on the PERS member contribution deferred
to the extent permitted by law, including but not limited to, Internal Revenue
Code, 26 USC Section 414(h)(2).
6.10 The City shall provide bargaining unit members with those optional benefits which it has elected to provide to bargaining unit members in its contract with Ca!PERS and in accordance with the Public Employees Retirement Law.
ARTICLE 30: EFFECT OF AGREEMENT
30.1 This Memorandum of Understanding sets forth the full and complete understanding between the parties hereto. Any items, from previous agreements, not addressed in this agreement are carried forward.
