60A - AGREEMENT WITH THE FIREMEN'S BENEVOLENT ASSOCIATION

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harmless for any legal challenges brought by any former or current employee claiming that the City's administration of the program violates their rights to funds in the program. 11. Bilingual Pay: The parties agree that transitioning employees from the City to OCFA who are assigned to a work location within the City of Santa Ana will be paid $135 per month for Spanish language Bilingual Pay, in lieu of the compensation provided in the Bilingual Pay section of the OCFA MOU. Those employees of the City deemed bilingual as of April 20, 2012, will not be required to take a proficiency test to be deemed bilingual with OCFA. A separate side letter to the OCFA contract with the City contains other specific terms of the Bilingual Pay agreement and is hereby incorporated by reference, attached hereto as Exhibit 4 and deemed an integral part of this agreement. This benefit is a term and condition of employment subject to modification after June 30, 2014 through the bargaining unit representing the sworn employees at the OCFA. 12. Employees Suspended in Last Year: The parties acknowledge that the provision contained in Attachment B to the City's contract OCFA which provides that employees on probation and employees who have been suspended in the one year between April 21, 2011 and April 20, 2012 may have to serve a new period of probation upon transitioning to OCFA. The City hereby certifies that as of the signing of this MOU and through the date of transition, no employee has been served a notice of proposed suspension and/or notice of suspension and none shall be so served. 13. Transitioning Employee and CaIPERS Retirement: The parties agree that OCFA will not offer employment to City personnel who retire from the City prior to April 20, 2012. However, the parties agree that employees are not precluded from transitioning to the OCFA and then retiring from CalPERS. OCERS has informed the City that transitioning employees who retire from CalPERS and then work under OCERS, start as a new employee under the OCERS system. Therefore the parties acknowledge that their mutual understanding is that City transitioning employees can transition to OCFA with: 1) full reciprocity elected, 2) no reciprocity elected or 3) starting as a new employee in OCERS and then retiring from CalPERS. 14. Health Insurance for the Month of May 2012: The parties acknowledge that by transitioning to the OCFA on April 20, 2012, the City would be otherwise responsible to continue to cover the SAFBA employees' health insurance through the month of May 2012 unless otherwise agreed. The parties agree that since the transitioning employees will be covered by OCFA's health and welfare insurance plans effective on May 1, 2012, the City need not cover such employees for any health insurance (including medical, dental and vision insurance) beyond April 30, 2012. As such, this agreement constitutes a clear waiver of the right to health insurance coverage in May 2012 and beyond. All other health and welfare benefit plans sponsored by the City (including dental, vision, life and AD&D, long term disability insurance and flexible spending plans) will cease on April 30, 2012 per the current contract provisions with each insurance provider and notification of COBRA Election Rights will be sent to all affected qualified beneficiaries. 15. Terms of OCFA Agreement With the City Incorporated Herein: 6 60A-10