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