PARTE I Contexto Teórico
26. MORENO, F., op cit , p 30.
(Art. 5 Title, Amended by Ord. No. 165,469, Eff. 2-25-90.)
Section
4.302 Non-discrimination in Employment Benefits (Charter § 1024).
4.303 Joint Labor-Management Benefits Committee and Personnel Department Responsible For Programs. 4.304 Call for Proposals – Negotiation.
4.305 Requirements of Plans for Benefits to Which the City Is Not a Party. 4.306 Authorization to Expend Funds.
4.306.1 Authorization to Expend Funds – Fire Department. 4.306.2 Authorization to Expend Funds – Police Department. 4.306.3 City Contribution for Dental Plan Costs.
4.306.4 Continuation of Dental Plan Premium Subsidy During Family or Medical Leave– Non-represented Employees. 4.307 City Contributions to Health Plan Costs.
4.307.1 Continuation of Health Plan Premium Subsidy During Family or Medical Leave– Non-represented Employees. 4.307.2 City Contribution to Employee Assistance Program.
4.307.4 Life Insurance for Non-represented Executive and Managerial Positions. 4.307.5 Benefits Determinations for Sworn General Managers.
4.308 Officers and Employees of Departments Having Control of Their Own Funds.
4.310 Reimbursement to Specified Employees of Moneys Paid as Premiums for Part B (Medical Insurance) Medicare Coverage.
Sec. 4.302. Non-discrimination in Employment Benefits (Charter § 1024).
(a) The City of Los Angeles shall not discriminate in the provision of any employee benefit between employees with spouses and employees with domestic partners.
(b) Except with respect to retirement-based benefits, any employee who claims a domestic partner for the purpose of the provision of any benefit provided by the City shall complete a confidential affidavit to be filed with the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner declaring the existence of a domestic partnership between them. Any employee who claims a domestic partner for the purpose of the provision of any retirement-based benefit provided by any of the City’s retirement systems shall complete a similar affidavit and file it with the appropriate department.
SECTION HISTORY Added by Ord. No. 172,941, Eff. 1-21-00, Oper. 7-1-00.
Sec. 4.303. Joint Labor-Management Benefits Committee and Personnel Department Responsible For Programs.
The City’s Joint Labor-Management Benefits Committee shall recommend and the Personnel Department shall maintain and administer, on behalf of the City of Los Angeles, suitable employee benefit programs, as authorized by the City Council, for officers and employees of the City of Los Angeles who are eligible for benefits through membership in either the Los Angeles City Employees’ Retirement Systems (LACERS), provided for in Sections 1150 - 1170 of the Charter of the City of Los Angeles, or the Fire and Police Pension System, provided for in Sections 1200 - 1630 thereof.
Notwithstanding any other provisions of this Code, members of the Safety Members Pension System, provided for in Sections 1500 - 1630 of the City Charter, shall be entitled to a health insurance subsidy while undergoing training.
SECTION HISTORY Based on Ord. No. 131,678.
Amended by: Ord. No. 135,227, Ord. No. 150,071, Eff. 8-31-77; Ord, No. 153,053, Eff. 11-24-79; In Entirety, Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83; In Entirety, Ord. No. 165,469, Eff. 2-25-90; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.304. Call for Proposals – Negotiation.
The Personnel Department shall call for proposals and negotiate on the basis of the lowest and best proposals for suitable employee benefit programs, pursuant to Section 4.303 of this article, and execute on behalf of the City of Los Angeles such contracts as are necessary for carrying out the employee benefit programs.
Based on Ord, No. 131,678.
Amended by: Ord. No. 135,227; In Entirety, Ord. No. 165,469, Eff. 2-25-90.
Sec. 4.305. Requirements of Plans for Benefits to Which the City is Not a Party.
The Personnel Department shall also approve plans for such benefits to which the City is not a party if the same meets the following requirements.
(a) The plan is contracted for or operated by an organization whose membership is exclusively or largely employees of the City, and whose purpose includes the provision of benefits to City Employees.
(b) The plan is one which was available through the employee organization to employee members on July 1, 1960, or it is clearly a successor to such a plan.
(c) Premiums are payable by payroll deduction and were payable to the plan or the predecessor plan by payroll deduction on July 1,1960; (d) The plan offers a reasonable value of medical and hospital benefits for the premiums schedule;
(e) No profit accrues to the sponsoring organization through the operation of the plan. SECTION HISTORY Based on Ord. No. 131,678.
Amended by: Ord. No. 135,227.
Sec. 4.306. Authorization to Expend Funds.
From funds appropriated for the purpose, the Personnel Department is hereby authorized to expend toward a portion or all of the costs of any benefit program which the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections 4.303. 4.304, and 4.305 of this article the sum specified in Section 4.307 or the cost to the officer or employee for himself and dependants, if any, whichever is less for each officer or employee of the City of Los Angeles, as specified in Sections 4.303, 4.304 and 4.305 hereof, except as provided in Section 4.306.1 of this article for sworn members of the Fire Department and Section 4.306.2 of this article for sworn members of the Police Department. Payment may be made by the Department of Personnel directly to the persons, firms, associations or corporations furnishing such benefits, or at the discretion of the Personnel Department to sponsoring groups, associations, organizations, or corporations who have contracted for or provide such benefits. Such payment may be made by the Controller as part of any salary payroll deduction when so authorized by the Personnel Department.
SECTION HISTORY Based on Ord. No. 131,678.
Amended by: Ord. No. 137,466; Ord. No. 138,673, Eff. 5-21-69; Ord. No. 140,308, Eff. 4-24-70; Ord. No. 142,735, Eff. 12-22-71, Oper. 4-1-72; Ord. No. 145,054, Eff. 8-31-73; Ord. No. 146,382, Eff. 8-29-74, Oper. 7-7-74, Ord. No. 146,398, Eff. 8-31-74; Ord. No. 146,659, Eff. 10-24-74, Oper. 7-7-74; Ord. No. 147,604, Eff. 8-20-75; Ord. No. 148,590, Eff. 7-16-76.
Sec. 4.306.1. Authorization to Expend Funds – Fire Department.
Notwithstanding any other provision of this article, the Personnel Department is authorized to expend funds on behalf of any member of the Fire Department as defined in Section 4.181, toward a portion of all of the cost of a health insurance program for the member and the member’s dependent or dependents, if any. Such expenditures are authorized for any health insurance program the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections 4.303, 4.304 and 4.305 of this article. The Personnel Department is authorized to expend the sum specified in Section 4.307 or the cost to the member for himself and dependents, if any, whichever is less. Payments may be made as provided by Section 4.306.
SECTION HISTORY Added by Ord. No. 146,398, Eff. 7-29-74.
Amended by: Ord. No. 147,605, Eff. 8-20-75; Ord. No. 148,590, Eff. 7-16-76.
Sec. 4.306.2. Authorization to Expend Funds – Police Department.
Notwithstanding any other provision of this article, the Personnel Department is authorized to expend funds on behalf of any member of the Police Department as defined in Section 4.181, toward a portion or all of the cost of health insurance program for the member and the member’s dependent or dependents, if any. Such expenditures are authorized for any health insurance program the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections 4.303, 4.304 and 4.305 of this article. The Personnel Department is authorized to expend the sum specified in Section 4.307 or the cost to the member for himself and dependents, if any, whichever is less. Payments may be made as provided by Section 4.306.
SECTION HISTORY Added by Ord. No. 146,397, Eff 7-31-74.
Amended by: Ord. No. 147,606, Eff. 8-20-75; Ord. No. 148,590, Eff. 7-16-76.
Sec. 4.306.3. City Contribution for Dental Plan Costs.
(a) The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of a dental benefit program for each full-time unrepresented officer or employee of the City of Los Angeles including unrepresented sworn members of the Police and Fire Departments; provided, however, that non-represented sworn members of the Los Angeles Police Department may elect, in lieu of the City-sponsored dental plan, to have contributed by the City on their behalf the monthly sum necessary to cover the cost of the dental plan sponsored by the Los Angeles Police Protective League or the Los Angeles Police Relief Association Dental Plan in an amount not to exceed that provided for the City-sponsored plan.
(b) The Personnel Department is authorized to expend for each half-time employee following the effective date of this subsection, a monthly sum equivalent to one half of the employee only coverage of the most expensive plan under the City-sponsored Dental Program.
A half-time employee, who prior to the effective date of this subsection, was receiving the full employee only subsidy shall continue to receive the full employee only subsidy as long as such employee does not have a break in service.
SECTION HISTORY Added by Ord. No. 148,193, Eff. 4-1-76, Oper. 4-1-76.
Amended by: Ord. No. 150,272, Eff. 11-3-77, Oper. 10-1-77; Title and entire section, Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80; In Entirety, Ord. No. 165,482, Eff. 2-1-90.
Sec. 4.306.4. Continuation of Dental Plan Premium Subsidy During Family or Medical Leave– Non- Represented Employees.
For non-represented employees on a Family or Medical Leave pursuant to the provisions of Section 4.129 of this Code, the Personnel Department is hereby authorized to expend the monthly premium subsidy necessary to cover the cost of continuing the dental plan benefit for non-represented employees of the City who are enrolled in a City dental plan prior to the beginning of the leave. Employees shall be eligible for the continuation of the monthly premium subsidy while on a Family or Medical Leave in accordance with Section 4.129; however, for any unpaid portion of a Family or Medical Leave, the dental plan subsidy shall be continued for a maximum of four months (nine pay periods.)
SECTION HISTORY Added by Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89.
Amended by: In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Section Title and Section In Entirety, Ord. No. 179,999, Eff. 7-11-08, Oper. 7-1-07.
Sec. 4.307. City Contributions to Health Plan Costs.
(a) Represented Employees. The amount of City contribution to health plan costs for employees in representation units shall be in accordance with the various Memoranda of Understanding approved and implemented by the City Council.
(b) Non-Represented Full-Time Employees. The City shall contribute for each full-time employee who is a member of the Los Angeles City Employees' Retirement System (LACERS) a monthly subsidy equal to the cost of his/her City-sponsored medical plan, as determined by the Personnel Department in
accordance with Section 4.303, not to exceed the Kaiser family rate ("maximum monthly health care subsidy"). Adjustments in this monthly subsidy shall be effective the beginning of the pay period in which the Kaiser yearly premium rate change is implemented. The amount of the adjusted subsidy shall be certified by the General Manager Personnel Department to the Controller.
Effective January 1, 2013, non-represented, full-time employees shall pay five percent (5%) of their monthly medical plan premium on a biweekly basis when the amount of their monthly premium for the City-sponsored medical plan in which they are enrolled is equal to or less than the amount of the City's maximum monthly health care subsidy.
Effective January 1, 2013, in the event that non-represented, full-time employees are enrolled in a City-sponsored medical plan that has a monthly premium that exceeds the City's maximum monthly subsidy, then such employees shall pay on a biweekly basis the total of the difference between the cost of their monthly medical plan premium and the City's maximum monthly health care subsidy, plus five percent (5%) of the City's maximum monthly health care subsidy.
The amount of the City's contribution which is applied toward the coverage of the dependents of an employee enrolled in both Part A and Part B of Medicare shall not exceed that amount which may be applied toward the coverage of the dependents of an employee not enrolled in both Part A and Part B of Medicare and covered by the same health, medical or hospital benefit program.
toward the coverage of the employee's dependents under the same plan.
(c) Non-Represented Half-Time Employees. The City shall contribute for each half-time employee (as defined by Section 4.110 of this Code) a monthly subsidy, not to exceed the Kaiser employee-only rate, toward the cost of his/her City-sponsored medical plan. Adjustments in this monthly subsidy shall be effective at the beginning of the pay period in which the Kaiser Permanente yearly premium rate change is implemented.
Effective January 1, 2013, half-time employees who are members of LACERS and are enrolled in a City-sponsored medical plan shall pay five percent (5%) of the monthly Kaiser employee-only rate on a biweekly basis, when the cost of their medical plan is at or below the amount of the Kaiser employee-only rate. When the cost of their medical plan is greater than the Kaiser employee-only rate, then such employees shall pay on a biweekly basis the total of the difference between the cost of their monthly medical plan premium and the Kaiser employee-only rate, plus five percent (5%) of the Kaiser employee-only rate.
A half-time employee who, prior to January 23, 1990, was receiving the same subsidy as full-time employees, shall continue to receive that subsidy and shall be eligible to receive any adjustments provided in subsection (b), as long as such employee does not have a break in service. In addition, such employees shall contribute five percent (5%) toward the cost of their health care premium as described above for full-time employees.
The City will apply the subsidy first to the employee's coverage. Any remaining balance will be applied toward the coverage of the employee's dependents under the plan.
Employees who transfer from full-time to half-time under the provisions of Section 4.129, Family and Medical Leave, shall continue to receive the same subsidy as full-time employees and be subject to the required employee contribution toward the cost of their health care premium as described in this section. (d) 2013 Plan Year - Anthem Blue Cross Full-Network HMO Option. Notwithstanding subsections (b) and (c) above, which pertain to monthly medical plan subsidies and employee premium costs for non-represented full-time and half-time employees, respectively, each employee who chooses the Anthem Blue Cross Full-Network HMO option for the 2013 plan year shall be required to pay the difference between the monthly subsidy paid by the City for the Anthem Blue Cross Select-Network HMO and the Anthem Blue Cross Full-Network premium for the coverage level selected, as calculated by the Personnel Department. The employee premium costs provided under this subsection shall be in addition to any percentage of the healthcare premium paid by the employee in accordance with subsections (b) and (c) above.
SECTION HISTORY Based on Ord. No. 13,678.
Amended by: Ord. No. 137,446; Ord. No. 138,673, Eff. 5-21-69; Ord. No. 140,308, Eff. 4-24-70; Ord. No. 142,735, Eff. 12-22-72, Oper. 4-1-72; Ord. No. 145,054, Eff. 8-31-73; Ord. No. 146,274, Eff. 7-10-74, Oper. 7-7-74; Ord. No. 146,396, Eff. 7-31-74, Oper. 7-7-74 except for Police and Fire Depts. which are Oper 7-21-74; Ord. No. 147,603, Eff. 8-20-75; Ord. No. 147,672, Eff. 9-8-75; Ord. No. 148,785, Eff. 9-6-76, Oper. 8-14-76; Ord. No. 148,588, Eff. 7-16-76, Oper. 8-14-76; Ord. No. 148,785, Eff. 9-6-76, Oper. 8-28-76; Ord. No. 148,785, Eff. 9-6-76, Oper. 8-28-76; Ord. No. 150,272, Eff. 11-3-77, Oper. 10-22-77; Ord. No. 150,272, Eff. 11-3-77, Oper. 11-4-78; Ord. No. 150,764, Eff. 5-26-78, Oper. 10-8-78; Ord. No. 152,543, Eff. 7-3-79, Oper. 7-15-79; Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80; Ord. No. 155,667, Eff. 7-31-81, Oper. 7-1- 81; In Entirety, Ord. No. 158,643, Eff. 2-24-84, Oper. 1-1-84; In Entirety, Ord. No. 165,482, Eff. 2-1-90; In Entirely, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Subsecs. (b) and (c), Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Subsecs. (b) and (c), Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 182,211, Eff. 8-10-12; Subsec. (d) Added, Ord. No. 182,320, Eff. 11-29-12.
Sec. 4.307.1. Continuation of Health Plan Premium Subsidy During Family or Medical Leave– Non-Represented Employees.
For non-represented employees on a Family or Medical Leave pursuant to the provisions of Section 4.129 of this Code, the Personnel Department is hereby authorized to expend the monthly premium subsidy necessary to cover the cost of continuing the health plan benefit for non-represented employees of the City who are enrolled in a City health plan prior to the beginning of the leave. Employees shall be eligible for the continuation of the monthly premium subsidy while on a Family or Medical Leave in accordance with Section 4.129; however, for any unpaid portion of a Family or Medical Leave, the health plan subsidy shall be continued for a maximum of four months (nine pay periods), except while an employee is on a Pregnancy Disability Leave absence (up to four months) then the City's health plan subsidy shall be continued for her pregnancy health coverage in compliance with the provisions of SB 299 and AB 592 enacted in 2011.
SECTION HISTORY Added by Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89.
Amended by: In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Section Title and Section In Entirety, Ord. No. 179,999, Eff. 7-11-08, Oper. 7-1-07; Last Sentence, Ord. No. 182,211, Eff. 8-10-12.
Sec. 4.307.2. City Contribution to Employee Assistance Program.
The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of an Employee Assistance Program approved by the Personnel Department for each unrepresented employee of the City of Los Angeles (excluding employees of the Department of Water and Power) who is a member of the City Employees’ Retirement System.
SECTION HISTORY Added by Ord. No. 167,301, Eff. 11-2-91, Oper. 7-1-91.
Sec. 4.307.3. Health and Dental Care Benefits for Domestic Partners of Non-represented Employees and Their Dependents.
SECTION HISTORY Added by Ord. No. 169,373, Eff. 4-2-94, Oper. 3-2-94.
Repealed by Ord. No. 172,941, Eff. 1-21-00, Oper. 7-1-00.
Sec. 4.307.4. Life Insurance for Non-Represented Executive and Managerial Positions.
The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of a life insurance policy, approved by the Personnel Department, for each General Manager, as defined in Section 4.321. Persons employed in classes listed in Section 4.245.1, excluding General Managers, shall receive flexible benefit credits in the amount of $16.00 biweekly, effective January 1, 2000 for the purpose of purchasing life insurance or other benefits provided under the City’s flexible benefits plan. The amount of the biweekly flexible benefit credits shall be adjusted on an annual basis by the percentage adjustment in the supplemental life insurance premiums for the plan provided under the City’s flexible benefits plan.
SECTION HISTORY Added by Ord. No. 171,270, Eff. 9-10-96. (See Sec. 5 of this Ordinance No. 171,270 regarding operative date.) Amended by: Title and Sec., Ord. No. 172,791, Eff. 9-3-99, Oper. 1-1-00.
Sec. 4.307.5. Benefits Determinations for Sworn General Managers.
In those instances where the benefits offered to sworn and civilian employees are not the same, the Director of the Office of Administrative and Research Services is authorized to determine the appropriate benefits for the Chief of Police and the Chief Engineer Fire Department.
SECTION HISTORY Added by Ord. No. 172,248, Eff. 10-22-98.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.308. Officers and Employees of Departments Having Control of Their Own Funds.
In the case of officers and employees in departments having control of their own funds, no payments shall be made by the City of Los Angeles as provided in