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3 | Page  <br />  <br />D. Out-of-Class Appointment to a UCE Classification. Regular employees of the <br />City who are incumbents of classes of employment not included in this resolution exhibit <br />and who are appointed to an “out-of-class appointment” as defined in Gov. Code <br />section 20480 of the Public Employees’ Retirement Law (PERL) as, “an appointment to <br />an upgraded position or higher classification by an employer or governing body in a <br />vacant position for a limited duration not to exceed nine-hundred sixty (960) hours in a <br />fiscal year”. A “vacant position” refers to “a position that is vacant during recruitment for <br />a permanent appointment”. A vacant position does not refer to a position that is <br />temporarily available due to another employee’s leave of absence. Employees <br />temporarily upgraded to a unrepresented management classifications designated as <br />UCE shall receive a minimum five percent (5%) temporary upgrade premium as defined <br />by CCR 571(a)(3) as “compensation to employees who are required by their employer <br />or governing body to work in an upgraded position/classification of limited duration”, and <br />is intended to meet the definition of “Compensation Earnable” for Classic members of <br />CalPERS as provided by the Public Employees’ Retirement Law (PERL), and <br />Government Code (G.C.) section 20636. <br /> <br />D. Reallocation of Salary Rate Ranges. When an employee is in a UCE <br />classification which is reallocated from the current salary rate range to a different salary <br />rate range, the employee will retain the same salary he or she held prior to the <br />reallocation. <br /> <br />Section 5. Health and Welfare Benefits. <br /> <br />The following insurance benefits available to UCE employees are provided through the <br />City’s Section 125 Cafeteria Plan adopted in accordance with the provisions of Internal <br />Revenue Code § 125. <br /> <br />Under City Council Resolution No. 98-53, 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 confidential employees. The City’s contribution for <br />each employee meets the statutory minimum using the “Unequal Method” California <br />Government Code § 22892(c) (AB-2544). <br /> <br />The City will contribute an allowance, which includes the PEMHCA statutory minimum <br />towards the employee’s health premium covered under the PEMHCA plan to the same <br />extent afforded to those members of the CASA unit. <br /> <br />Section 6. Leave Accruals and Cash-Out Provisions. <br /> <br />Unless otherwise provided, the same leave accrual, maximum accrual, and cash-out <br />provisions provided to the members of the CASA unit, will also be offered to the <br />classifications listed in this resolution exhibit including but not limited to; sick, paid <br />holidays, floating holidays, holiday closures, vacation, “must-use” vacation, comp time, <br />bereavement leave, military leave, jury duty, witness leave, catastrophic, and <br />industrial/workers compensation leave.