HomeMy WebLinkAboutAddressing the Terms and Conditions of Employment of City Employees Called to Active Military Duty in Persian Gulf or Persian Gulf CrisisRESOLUTION
NO. 3.832 -91
Passed by the Common Council of the City of South Bend, Indiana,
January 14, 19 91
Attest: _ 'e /?)' " City Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend,
January 15, 91
19
/a— rY.—,-,.._.-.-✓ City Clerk
Approved and signed by me _January 1 r
Mayor
RESOLUTION NO.: k Z i �k - ok (
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
ADDRESSING THE TERMS AND CONDITIONS OF EMPLOYMENT
OF CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY
IN THE PERSIAN GULF OR ACTIVE MILITARY DUTY
RELATED TO THE PERSIAN GULF CRISIS
WHEREAS, the invasion of Kuwait by Iraq in August, 1990, led to
the deployment of military personnel to the Persian Gulf by the
United States and other allied governments; and
WHEREAS, both active duty and reserve members of the various
branches of the Armed Forces of the United States and National Guard,
including the Indiana National Guard, have been called up to serve in
the Persian Gulf, to ready themselves for service in the Persian
Gulf, or to provide assistance to, or assume responsibilities in the
military and guard formerly assumed by, those serving in the Persian
Gulf; and
WHEREAS, among those called to such service or potentially called
to such service are employees of the City of South Bend, Indiana; and
WHEREAS, various State and Federal Laws provide minimum benefits
to be accorded such employees by the City during their terms of
active duty; and
WHEREAS, the City Council, in conjunction with the City
Administration, stands behind and supports, proudly, any and all City
employees called to such service, and desires to establish terms and
conditions of the employment of those City employees while on active
duty related to the Persian Gulf Crisis, which ratify and go beyond
the minimum requirements of the law so as to provide for those
employees and their families and dependants.
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, as follows:
SECTION I COVERED EMPLOYEES
1. The terms of employment policies embodied within this Resolution
apply to all regular full -time City employees and sworn officers
called to active duty in the Armed Forces of the United States or
Indiana National Guard for service related to the deployment of
troops to the Persian Gulf by the United States in response to the
Iraqi invasion of Kuwait in August, 1990. ( "Persian Gulf Crisis ")
2. Each covered employee shall be considered as remaining in the
employ of the City of South Bend, Indiana in an inactive status while
on active duty related to the Persian Gulf Crisis. Each covered
employee shall continue in such inactive status until the earlier of
ninety (90) days after such time as he or she is honorably discharged
from such service, and the date on which he or she resumes active
employment with the City.
3. Each covered employee must reapply for active employment with the
City within ninety (90) days after such time as he or she is
honorably discharged from such service or from hospitalization
continuing after discharge. Upon reapplication, each covered
employee, if still qualified to perform the duties of the position he
or she held immediately prior to being called to military duty, shall
be restored to such position or to a position of like seniority,
status, and pay. If any covered employee is not qualified to perform
the duties of the position he or she held immediately prior to being
called to military duty, by reason of disability sustained during
such service, but is qualified to perform the duties of any other
position in the employ of the City, he or she shall be offered
employment and, if such covered employee so requests, shall be
employed in such other position the duties of which the covered
employee is qualified to perform as will provide him or her like
seniority, status and pay, or the nearest approximation thereof
consistent with the circumstances in his or her case.
SECTION II WAGES AND BENEFITS
1. Each covered employee shall receive thirty (30) days pay at his
or her current rate of pay commencing with the day following his or
her last day of active employment with the City before reporting for
military duty.
2. Each covered employee shall receive compensation at his or her
current rate of pay for all unused vacation days accrued by his or
her last day of active employment with the City before reporting to
military duty.
3. Each covered employee shall receive a regular bi- weekly paycheck
from the City in an amount equal to the difference between his or her
current gross City wage and his or her gross military wage. In no
event shall the total of gross City and gross military wages exceed
in any calendar year the total gross wages that would have been
earned by the covered employee in his or her City position had he or
she not been called to active duty. Reconciliation of amounts owed
to or by the City shall occur in February, 1992 with adjustments made
to the March, 1992 paychecks. similar reconcilliation and adjustment
shall occur annually thereafter, as necessary.
4. For purposes of computing the covered employee's gross City
wages, each covered employee shall receive that annual increase he or
she would have received had he or she not been called to active
military duty.
5. Vacation and sick days shall not accrue during such time a
covered employee is on active military duty.
6. Time on the job and seniority will accrue during such time the
covered employee is on active military duty.
7. Propay benefits will not accrue during such time a covered
employee is on active military duty.
SECTION III HEALTH INSURANCE
1. Pursuant to terms of the Basic Disability and Comprehensive
Medical Plan ( "the Plan ") governing the terms and conditions of
employee health care coverage provided to the City by Benefit Trust
Life, City - provided health insurance benefits for each covered
employee shall terminate as of the date he or she is activated to
military duty, as medical coverage is provided the covered employee
by the United States Government.
2. Pursuant to a modification to the Plan, dependents of covered
employees with City - provided dependent health care coverage at the
time the covered employee reports to active duty, shall remain
covered under the Plan pursuant to Plan administration policies while
the covered employee is activated to military duty.
3. Pursuant to the Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA) as amended, each covered employee and his or her
"qualified beneficiaries ", as defined by COBRA, with City - provided
health care coverage at the time he or she reports to active duty,
may elect to continue such dependent health care coverage upon
termination of such coverage, as provided in paragraphs 1 and 2, of
this Section. In the case of those covered employees and /or their
qualified beneficiaries who elect to continue such dependent health
care coverage, the City shall continue to pay the employer portion of
the premium, and the covered employees and /or their qualified
beneficiaries will bear only their portion of the premium. The City
will work with those electing continued health care coverage to
facilitate expeditious, convenient payment of the portion of the
premium, including arranging for the deduction of that portion of the
premium from any paycheck the covered employee may be entitled to
receive under Section III hereof. The City shall not charge an
administrative fee to the covered employee or his or her dependents
for any activities or services undertaken by the City pursuant to
this Section. The availability of continuing dependent health
insurance coverage, as provided in this Section, is subject to COBRA
and all rules, and regulations promulgated thereunder, and
interpretations thereof.
SECTION IV PERF
1. It is the City's understanding that, pursuant to I.C. 5- 10.3 -7
and I.C. 36- 8 -5 -7, as applicable, each covered employee shall
continue to accrue PERF service credits during his or her period of
active duty. Final decision on this matter rests with the respective
PERF Board of Trustees. However, the City urges such an
interpretation of the respective PERF statutes.
2. It is the City's understanding that, pursuant to I.C. 5- 10.3 -7,
each covered employee shall accrue such service credits throughout
his term of active duty until one hundred twenty (120) days after the
termination of active military duty with respect to covered employees
who are regular City employees, and within sixty (60) days, with
respect to sworn members of the Police and Fire Departments. The
final decision on the matter rests with the respective PERF Board of
Trustees. However, the City urges such an understanding of the PERF
Statute.
3. To the extent allowed by the respective PERF Board of Trustees,
the City shall, during each covered employee's term of active
military duty, continue to pay its share of PERF for each covered
employee based upon the covered employees "compensation ", as provided
for in I.C. 5- 10.2 -3 or other relevant statute. To the extent
allowed by law and by the respective PERF Board of Trustees, the
covered employee may elect to continue or not his PERF contribution.
The City shall cooperate with each covered employee to assist in the
expeditious, convenient payment of any allowable employee PERF
contributions by deducting the same from any paycheck over the
covered employee under Section II, hereof, if so desired by the
covered employee.
SECTION V
This Resolution shall be in full force and effect up /n its
adoption by the Council and execution by the Mayor.
Common Z`ouncil
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