2021-026 - Amend Resolution No. 2015-026

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D. Out -of -Class Appointment to a CMM or CAM Classification. Regular employees of the City who are incumbents of classes of employment not included in this resolution exhibit and who are appointed to an "out -of -class appointment" as defined in Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) as, "an appointment to an upgraded position or higher classification by an employer or governing body in a vacant position for a limited duration not to exceed nine -hundred sixty (960) hours in a fiscal year". A "vacant position" refers to "a position that is vacant during recruitment for a permanent appointment". A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence. Employees temporarily upgraded to a unrepresented management classifications designated as CMM or CAM shall receive a minimum five percent (5%) temporary upgrade premium as defined by CCR 571(a)(3) as "compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration", and is intended to meet the definition of "Compensation Earnable" for Classic members of CalPERS as provided by the Public Employees' Retirement Law (PERL), and Government Code (G.C.) section 20636. E. Reallocation of Salary Rate Ranges. When an employee is in a CMM or CAM classification, which is reallocated from the current salary rate range to a different salary rate range, the employee will retain the same salary he or she held prior to the reallocation. Section 5. Health and Welfare Benefits. The following insurance benefits available to Unrepresented Confidential Management employees are provided through the City's Section 125 Cafeteria Plan adopted in accordance with the provisions of Internal Revenue Code § 125. Under City Council Resolution No. 98-52, the City elected to be subject to the Public Employees' Medical & Hospital Care Act (PEMHCA) to provide medical insurance through CalPERS for management members. The City's contribution for each employee meets the statutory minimum using the "Unequal Method" California Government Code § 22892(c) (AB-2544). The City will contribute an allowance, which includes the PEMHCA statutory minimum towards the employee's cafeteria plan in the same amount as available to the SAMA unit covered under the PEMHCA plan. Section 6. Leave Accruals and Cash -Out Provisions. Unless otherwise provided, the same leave accrual, maximum accrual, and cash -out provisions provided to the members of the SAMA unit, will also be offered to the classifications listed in this resolution exhibit including but not limited to; sick, paid holidays, floating holidays, holiday closures, vacation, "must -use" vacation, 4 1 P a g e