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)

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. 

MOU Between City of Carmel-By-The-Sea & LIUNA General 2017-2019 by L. A. Paterson on Scribd

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.