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F. Out -of -Class Appointment to an Executive Management (EM) Classification. <br />Regular employees of the City who are incumbents of classes of employment not <br />included in this resolution exhibit and who are appointed to an "out -of -class <br />appointment" as defined in Gov. Code section 20480 of the Public Employees' <br />Retirement Law (PERL) as, "an appointment to an upgraded position or higher <br />classification by an employer or governing body in a vacant position for a limited <br />duration not to exceed nine -hundred sixty (960) hours in a fiscal year". A "vacant <br />position" refers to "a position that is vacant during recruitment for a permanent <br />appointment". A vacant position does not refer to a position that is temporarily available <br />due to another employee's leave of absence. Executive Management (EM) <br />classification shall receive a minimum five percent (5%) temporary upgrade premium as <br />defined by CCR 571(a)(3) as "compensation to employees who are required by their <br />employer or governing body to work in an upgraded position/classification of limited <br />duration", and is intended to meet the definition of "Compensation Earnable" for Classic <br />members of CalPERS as provided by the Public Employees' Retirement Law (PERL), <br />and Government Code (G.C.) section 20636. <br />G. Reallocation of Salary Rate Ranges. When an employee is in an Executive <br />Management (EM) classification which is reallocated from the current salary rate range <br />to a different salary rate range, the employee will retain the same salary he or she held <br />prior to the reallocation. <br />Section 4. Health and Welfare Benefits. <br />The following optional insurance benefits available to Executive Management (EM) <br />employees are provided through the City's Section 125 Cafeteria Plan adopted in <br />accordance with the provisions of Internal Revenue Code § 125. <br />Under City Council Resolution No. 98-54, the City elected to be subject to the Public <br />Employees' Medical & Hospital Care Act (PEMHCA) to provide medical insurance <br />through CalPERS for Unrepresented Executive Management Classifications. The City's <br />contribution for each employee meets the statutory minimum using the "Unequal <br />Method" California Government Code § 22892(c) (AB-2544). <br />The City will contribute an allowance, which includes the PEMHCA statutory minimum <br />towards the employee's cafeteria plan in the highest amount as available to any <br />represented employees' unit covered under the PEMHCA plan. <br />A. Medical insurance. Eligible Executive Management (EM) employees may <br />choose from the eligible medical insurance plan options offered by CalPERS. If an <br />employee waives medical coverage, they must provide proof of current enrollment in a <br />qualified non -City sponsored group health coverage plan. <br />B. Dental insurance. Eligible Executive Management (EM) employees will have the <br />ability to select either an HMO or PPO dental insurance plan. <br />