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<br />ARTICLE XII <br />12.0 WELLNESS AND FITNESS REIMBURSEMENT PROGRAM <br />12.1 The City agrees to provide employees covered by this MOU up to a three-hundred dollars <br />($300) per fiscal year reimbursement for qualified wellness programs and fitness <br />memberships as defined below: <br />A. <br />B. <br />Membership in a health/fitness club. <br />Participation in a weight loss/smoking cessation/wellness/fitness program <br />12.2 Employees must complete a wellness and fitness reimbursement program form and provide <br />proof of enrollment, and receipt of purchase during the current fiscal year in order to <br />receive reimbursement. An employee may pre-purchase a multi-year wellness/fitness <br />enrollment. In the event an employee pre-purchases a wellness/fitness enrollment and is <br />provided a single receipt, Human Resources may evaluate how to disburse the <br />reimbursement. Forms with required back up documentation will be turned into Human <br />Resources for the Executive Director of Human Resources or their designee’s approval. A <br />copy will be kept in Human Resources and the original will be returned to the employee. <br />If approved for reimbursement, the department will complete a Direct Payment Voucher <br />(DPV) along with form and back-up documentation to the Finance Department for <br />processing. <br />12.3 Reimbursement requests will not be processed if the request is turned in later than thirty <br />(30) days from the end of the fiscal year in which enrollment and purchase was made. <br />12.4 The city will not reimburse employees for any of the above listed activities for <br />family/dependent health related expenses. <br />12.5 The Wellness-Fitness reimbursement is defined as “wages” in Section 61(a)(1) of the <br />Internal Revenue Code and Section 1.61-21(a)(3) of the Income Tax Regulations provide <br />that except as otherwise provided in subtitle A, gross income includes compensation for <br />services, including fees, commissions, fringe benefits, and similar items. As such, the <br />reimbursement is considered wages subject to employment taxes under Sections 312(a), <br />3306(b), and 3401(a). <br />12.6 The wellness-fitness reimbursement defined in this section is not intended to be defined as <br />compensation earnable under Public Employees Retirement Law (PERL), Government <br />Code (G.C.) section 20636. <br />SANTA ANA MANAGEMENT ASSOCIATION (SAMA) MOU: 2022-2025 43