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Home My WebLink AboutResolution 2012-076 relating to chapter 4-13 supplemental benefits for public safety employeesMARANA RESOLUTION NO. 2012-076 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 4— EMPLOYMENT BENEFITS BY ADDING NEW POLICY 4-13 "SUPPLEMENTAL BENEFITS PLAN FOR PUBLIC SAFETY EMPLOYEES" WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 pxovide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to Chapter 4 of the Town's Personnel Policies and Procedures at the September 4, 2012 Council meeting; and WHEREAS the Council finds that adoption of the amendments to Chapter 4 of the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Employment Benefits" is hereby amended by adding new Policy 4-13 "Supplemental Benefits Plan for Public Safety Employees" as set forth in Exhibit A attached to this resolution, and the policies that follow new Policy 4-13 are renumbered to conform to the addition. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL O THE TOWN OF MARANA, ARIZONA, this 18�' day of September, 2012. .�.,�� ,�- ; �,��,� `------ ,,rt�prp, Mayor ` d Honea ATTEST: Joce C. Bronson, Town Clerk ` �'°`��`'� , ��Qunr� � APPRO , �,` , �� r �. , . .� � 1--0: C�R��F ��' � a �.. � c'�!�� _ s �7+�a a'.' s � ,'��llflll►��e,� `' F nk v' ��AI� 111 � � �T�� : ►� 1C�y, TOWIl Marana Resolution No. 2012-076 09/18/2012 ,�"`�-��^'�, MARANA �,,�i" t � TQ WN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS POLICY 4-13 SUPPLEMENTAL BENEFITS PLAN FOR PUBLIC SAFETY EMPLOYEES Pursuant to A.R.S. �38-961, the Town of Marana is required to provide a supplemental benefits plan for eligible public safety employees who are injured on the job and unable to perform the functions of their position. The provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. Section 4-13-1 Definitions For purposes of this policy, "public safety employee° shall be defined as an individual who is a member of the Public Safety Personnel Retirement System (PSPRS) or the Corrections Officer Retirement Plan (CORP). Section 4-13-2 Eligibility A. To be eligible for the supplemental benefits plan, the employee must meet all of the following criteria: 1. Be a public safety employee employed full-time by the Town at the time of injury. 2. Be injured while on duty and eligible for workers' compensation benefits pursuant to A.R.S. §23-1021 and Policy 4-12 of these Personnel Policies and Procedures, as determined by the Towri s workers' compensation carrier. 3. Be physically unable to return to work for the Town in any capacity, including alternative work assigi�unents or light duty, as determined by the Town and as supported by the employee's physician or an independent medical exam (IME) ordered by the Town directly or through its workers' compensation insurance provider. The employee's inability to work in a capacity assigned by the Town, including inability to work light duty assignnlents, must be supported by appropriate medical documentation in order for the employee to remain eligible for the supplemental benefits plan. 4. Be receiving compensation benefits for lost wages pursuant to A.R.S. §23-1041 and Policy 4-12 of these Personnel Policies and Procedures. B. To maintain eligibility for the supplemental benefits plan, the employee must comply with all risk management requirements of the Town, including evaluation for light duty/alternative work assignment options and rehabilitation programs, and {00031423.DOC / 3} 1 8/21/12 �""'�-��. IVIARA�lA �/t� TOWtJ OF tdARANA CHAPTER 4 EMPLOYMENT BENEFITS coordination of benefits. Failure to comply with the Towri s risk management requirements and decisions shall result in the termination of the employee s participation in the supplemental benefits plan. Section 4-13-3 Supplemental Compensation A. Employees eligible for the supplemental benefits plan shall receive supplemental compensation from the Town in an amount that, when added to the benefits being paid by the workers' compensation fund to the employee, less any deductions, results in the employee receiving approximately the identical salary the employee was receiving prior to the injury. B. The Town shall pay the supplemental compensation for a period of up to six months from the date the employee receives first payment of workers' compensation benefits for lost wages pursuant to A.R.S. § 23-1041, provided that the employee continues to meet all eligibility criteria. Section 4-13-4 Application Procedures A. To apply for the supplemental benefits plan, an employee must submit a written request to the Human Resources Department on a form provided by the Human Resources Department. B. All requests must be received by the Human Resources Department within 14 calendar days of the employee's receipt of his or her first lost wage replacement benefit paid under workers' compensation. An employee's failure to submit a request within the timeframe established in this paragraph shall be construed as a waiver of any rights under A.R.S. §38-961 and this policy. C. The Human Resources Department shall review the employee's request and shall provide the employee with a written determination of benefits eligibility within 14 calendar days of receipt of the employee's request. D. If an employee is denied participation in the plan for any reason other than a determination by the Towri s workers' compensation carrier that the employee is not eligible for workers' compensation benefits, he or she has a right to request review of the denial by filing a written request for review with the Human Resources Department within ten working days from receipt of the denial letter. The employee's request for review must state the reason for the request and facts that the employee wishes to have considered. The Human Resources Department shall forward the request for review to the Town Manager. {00031423.DOC / 3} 2 8/21/12 �-"�1��''�,, MARA�IA `�..`"`+/ t �. �.�..�,�.. TQVfk+ q F MARAN CHAPTER 4 EMPLOYMENT BENEFITS E. The Town Manager shall render a written opinion affirming or denying the employee's eligibility within five working days of receipt of the employee's request for review. The Town Manager's decision is final and not appealable within any Town process. F. If an employee is denied participation in the plan due to a determination by the Towri s workers' compensation carrier that the employee is not eligible for workers' compensation benefits, the employee may appeal that decision through the procedures established by the workers' compensation carrier and state law. Section 4-13-5 Maintenance of Benefits A. The Town shall maintain group health plan benefits for employees participating in the supplemental benefits plan on the same terms as if the employee continued to work. Thus, the Town shall continue to pay its share of any group health plan insurance premium and the employee shall continue to pay his or her share, if any. 1. The employee shall continue to pay his or her share of any group health plan benefits through payroll deductions if the employee is receiving sufficient compensation from the Town to cover his or her share of the premium. 2. If the employee is not receiving sufficient compensation from the Town to cover his or her share of the premium, the employee shall make arrangements with the Human Resources and Finance Departtnents to make payments for his or her share of the premium. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan premiums, the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. B. While the employee is participating in the supplemental benefits plan, the Town shall pay both the employer and employee contributions to PSPRS or CORP, as applicable, based on the employee's pre-injury salary, unless the employee is no longer actively contributing to PSPRS or CORP. In such a case, the Town shall continue to pay the employer contribution to the employee's retirement system and the employee shall continue to pay the employee contribution. C. An employee participating in the supplemental benefits plan is responsible for paying for any elective health care plan deductions, health related optional deductions, optional life insurance deductions or any other optional, employee-elected benefits. {00031423.DOC / 3 } 3 8/21/12 ,_:"""��'�"`'�, M�1�2A�1A �..�% �'� TOX'M Of MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-13-6 Paid Leave Balances A. An employee shall not accrue any additional sick, vacation, personal or compensatory leave while the employee is participating in the supplemental benefits plan. B. An employee's sick, vacation, personal and compensatory leave balances shall not be decreased while the employee is participating in the supplemental benefits plan. C. If the employee used accrued leave balances to supplement workers' compensation benefits for lost wages prior to being approved for the plan, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave for the time lost that is retroactively paid through the supplemental benefits plan. The Town will correct the overpayment to the employee in the next regular pay cycle or cycles by reducing the employee's hours paid by the Town. Section 4-13-7 Miscellaneous To the extent the employee is eligible for and receives salary or benefit changes while participating in the supplemental benefits plan, the plan benefits will be adjusted accordingly. {00031423.DOC / 3} 4 8/21/12