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HomeMy WebLinkAboutORD-2013-024 Ordinance approving Amendments to Article I-V Employee Benefits, Section 28 of the Orange County Personnel Ordinance 1 D OeX0- '76 6,3-d 124 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2013 Action Agenda Item No. 7-c SUBJECT: Amendments to Article IV-Employee Benefits, Section 28 of the Orange County Personnel Ordinance DEPARTMENT: Human Resources PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Amendments to Article IV, Section 28 of Nicole Clark, Human Resources the Orange County Personnel Director, 245-2552 Ordinance Diane Shepherd, Benefits Manager, 245- 2558 PURPOSE: To approve amendments to Article IV-Employee Benefits, Section 28 of the Orange County Personnel Ordinance. BACKGROUND: At the June 11, 2013 Board work session, staff presented Pay and Benefits Recommendations for Employees and Retirees. The FY 2013-2014 Manager's Recommended Budget includes an additional County match of up to $1,200 for supplemental retirement benefits for eligible employees. There was some discussion regarding whether or not the County match should be a flat dollar amount or a percentage of employee salary with a dollar cap. Only McDowell and Orange counties contribute a flat dollar amount towards employees' supplemental retirement benefits. Article IV, Section 28 of the Orange County Personnel Ordinance currently states that the County provides $27.50 per pay period to an authorized 457 or 401(k) Plan. The proposed Ordinance amendments state that the County will provide a contribution to an authorized 457 or 401(k) supplemental retirement plan as the Board of County Commissioners provides in the annual budget, and change any reference to the Personnel Department to the Human Resources Department. FINANCIAL IMPACT: The financial impact will vary based on the Board of County Commissioners approval of the annual budget. RECOMMENDATION(S): The Manager recommends that the Board approve the proposed amendments to Article IV, Section 28 of the Orange County Personnel Ordinance. ORD-2013-024 2 Orange County Personnel Ordinance Issue Date:August 5, 2011 Article IV Employee Benefits Amended 1.0 Worker's Compensation Leave 6/26/07 In accordance with the provisions of the North Carolina Worker's Compensation Act, Orange County will provide for employees protected under the Act who by accident suffer personal injury or occupational disease arising out of and in the course of their employment with the County. See NCGS 97-1, et. seq., The North Carolina Worker's Compensation Act) The County Manager will promulgate rules and regulations consistent with the North Carolina Worker's Compensation Act necessary to carry out the provisions of this Article. Please see the link below for complete Rules and Regulations. hqp://seiverl.co.orange.nc.us/Pers/documents/WorkersComl2ensationRulesandRe�4ulations O7OlO8 OOO.doc 2.0 Social Security Orange County will comply with the Federal Social Security Laws by matching its employees' deductions with equal payments to the system. 2.1 If an employee serves under Federal appointment and is required to contribute to both the Civil Service Retirement System and Local Governmental Employees Retirement System, the employees will be exempt and will not have Social Security Contributions withheld from pay. 3.0 Administrative Leave 3.1 County Government shall remain accessible to the citizens. Many Amended critical functions must be staffed regardless of the weather conditions. 1 01/18/01 However, when severe storms cause extremely hazardous driving conditions, the County Manager may modify County operations in accordance with the Hazardous Weather Plan, including determining any closings or delayed openings. During periods of hazardous weather conditions the following applies to employees:* -Administrative Leave as determined by the County Manager is granted for officially delayed openings and/or early closings. -Vacation Leave, Personal Leave Days and/or Petty Leave are charged or time may be made up at a later date as provided in the Hazardous Weather Plan when employees elect not to report for work, report late or leave early. Article IV-Page 1 3 Orange County Personnel Ordinance Issue Date:August 5, 2011 -Pay at the employee's hourly rate for hours worked during an official closing in addition to regular pay is granted to FLSA non-exempt employees required to work when the offices are officially closed due to hazardous weather. *Employees of the Sheriff's Department and Emergency Management Services are not covered by this section and operate under the respective department's hazardous weather plan. 4.0 Holidays and Holiday Pay This policy covers the observance and payment of holidays. 4.1 Holidays Orange County grants 11 holidays each year as follows: New Year's Day Martin Luther King, Jr.'s Birthday Easter Holiday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas (3 days) 4.2 Holiday Schedule Amended 01/01/93 The holiday schedule is issued on a calendar year basis to each department head. Department heads post and advise employees of the holiday schedule. 4.3 Holiday Pay 4.3.1 The County provides Holiday Pay for Permanent employees, both Full Time and Part Time (regularly scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 4.3.2 Temporary employees do not receive pay for a holiday not worked. 4.3.3 Holiday Pay is the equivalent of the straight time pay for the employee's regular daily work hours. Examples For an employee regularly Holiday Pay is the straight Article IV-Page 2 4 Orange County Personnel Ordinance Issue Date:August 5, 2011 scheduled to work: time equivalent of- 8 Hours 8 Hours 12 Hours 12 Hours 4 Hours 4 Hours 4.3.4 To be eligible to receive Holiday Pay, the employee must be in pay status the day before and the day after the holiday. 4.3.5 The County Holiday Schedule is set for those permanent employees whose regular work schedule is Monday through Friday. When a County Holiday falls outside the employee's regular work schedule, the employee receives Holiday Pay for the Holiday which falls outside of the work schedule and does not receive time off. In this way, each eligible employee receives the 11 authorized holidays. Example: Bernice Jones, Deputy Sheriff, is scheduled to work Tuesday through Saturday. The Memorial Day holiday falls outside of her work schedule. She does not work on Memorial Day. She receives Holiday Pay for the Memorial Day holiday and does not receive time off on another date. 4.3.6 Holidays which occur during an employee's Sick Leave or Vacation Leave are not charged as Sick or Vacation Leave. Exception: For an EMS or Sheriffs Department employee, approved leave is required for any absence on a scheduled holiday and such leave is paid in addition to holiday pay. 4.3.7 Holiday Pay is not included in any lump sum payment to an employee for accumulated Vacation Leave upon separation. 4.4 Compensation for Holiday Worked 4.4.1 The department head approves in advance that the employee's services are required on any scheduled holiday. 4.4.2 Each eligible non-exempt employee under the Federal Fair Labor Standards Act FLSA q 03/200/01 who is required to work on a Amended/01 holiday receives Holiday Pay as well as compensation for the hours worked on the holiday. Compensation for hours worked on a holiday normally is as pay. Article IV-Page 3 5 Orange County Personnel Ordinance Issue Date:August 5, 2011 Example: Bob Smith, Telecommunicator, is regularly scheduled to work 12 hours each workday. Mr. Smith is required to work 12 hours on Independence Day. He receives: -12 hours pay for the 12 hours worked on the holiday and -Holiday Pay (equivalent to 12 hours straight time pay) for the holiday. The Department Head may allow the employee to elect time off in lieu of pay if department operating requirements permit. Amenaea Any such time off must be taken by the end of the calendar 03/20/01 year or it is paid. 4.4.3 If the hours worked on the holiday are less than the Amended employee's regularly scheduled hours, the employee is 03/20/01 compensated for the regularly scheduled hours. Example: Bob Smith, Solid Waste Collector, is regularly scheduled to work 8 hours each workday. Mr. Smith is required to work 6 hours on Independence Day; that is, two hours less than his regular work schedule. He receives: -8 hours pay for the 6 hours worked on the holiday and -Holiday Pay (equivalent to 8 hours straight time pay) for the holiday. 4.4.4 In urgent operating circumstances, the Manager may authorize pay for holiday work as provided in Item 4.4 for an eligible FLSA exempt employee. 4.4.5 Holiday Pay is a separate consideration from and has no Amended bearin g on overtime pay. An eligible employee who works 03/20/01 on a holiday receives Holiday Pay and compensation for the hours worked as noted in Items 4.4.2 and 4.4.3. In addition, he or she receives overtime pay for which eligible, if any. 5.0 Annual Leave Amended 5.1 General 01/01/11 5.1.1 The County provides Annual Leave with pay for Permanent;-Provisional, Time-Limited employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. Article IV-Page 4 6 Orange County Personnel Ordinance Issue Date:August 5, 2011 5.1.2 Repealed Effective December 31, 2010. 5.1.3 Employees of the Sheriffs and Register of Deeds' departments are covered by the Annual Leave section of the Personnel Ordinance in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by this Section of the Ordinance. Such election maybe made upon initial adoption of this Section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Annual Leave then his or her compensation is reduced by being placed on leave without pay for any additional Annual Leave period. This constitutes a voluntary reduction in compensation under G.S. 153A -92 b(1). 5.2 Using Leave Repealed Effective December 31, 2010 5.3 Earning_ Leave eave 5.3.1 Each Permanent, Provisional or Time-Limited employee earns Annual Leave based on the regular work schedule and the total years of Orange County service as a Permanent, Provisional or Time-Limited employee. 5.3.2 The earning rate for a Permanent, Provisional or Time-Limited Full Time employee regularly scheduled to work 40 hours each workweek is as follows: Total Years of Orange County Annual Leave Hours Earned Service Per Pay Period Per Year Less than 2 4.84 125.9 2 but less than 5 5.58 145.1 5 but less than 10 6.69 173.9 10 but less than 15 7.80 202.7 15 but less than 20 8.90 231.5 20 or more 10.01 260.3 5.3.3 Annual Leave earning is prorated for a Permanent employee working a regular work schedule other than 40 hours. 5.3.4 Annual Leave is earned in any pay period during which the employee works or is on paid leave one-half or more of the work days in the pay period. 5.4 Accumulating—Annual Leave Article IV-Page 5 7 Orange County Personnel Ordinance Issue Date:August 5, 2011 Earned Annual Leave may be accumulated without a maximum until January 31 of each year. On that date, any accumulated Annual Leave in excess of 240 hours is converted to Sick Leave. The maximum amount of Annual Leave that can be carried forward to February 1 is 240 hours. 5.5 Approving_ Leave eave Repealed Effective December 31, 2010. 5.6 Responsibility Repealed Effective December 31, 2010. 5.7 Advancing_ Leave eave Repealed Effective December 31, 2010. 5.8 Effect of Separation on Annual Leave 5.8.1 Resignation, Layoff, Probationary Termination or Dismissal The employee is paid in a lump sum for Annual Leave accumulated to the date of separation, not to exceed a maximum of 240 hours. 5.8.2 Death A payment for accumulated Annual Leave is made in a lump sum, not to exceed 240 hours, to the estate of a deceased employee. 5.8.3 Final Paycheck If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee the employee or estate of the employee shall reimburse the County for the final paycheck of the employee. Please click the link below for complete Rules and Regulations. htlp:Hserver1.co.orange.nc.us/Pers/documents/AnnualLeaveI-1-201 I.pd f 6.0 Sick Leave Amended 6.1 General 01/29/11 6.1.1 The County provides Sick Leave with pay for Permanent, Provisional, and Time-Limited employees, both Full Time and Part Time (regularly, Article IV-Page 6 8 Orange County Personnel Ordinance Issue Date:August 5, 2011 scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 6.1.2 Repealed Effective January 28, 2011. 6.1.3 Employees of the Sheriffs and Register of Deeds' departments Amended are covered by the Sick Leave section of the Personnel 101129,11 Ordinance in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by this section of the Ordinance. Such election may be made upon initial adoption of this section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Sick Leave then his or her compensation is reduced by being placed on leave without pay for any additional Sick leave period. This constitutes a voluntary reduction in compensation under GS153A-92b(1). 6.2 Using Sick Leave Repealed Effective January 28, 2011. 6.3 Earning Sick Leave 6.3.1 Each Permanent, Provisional or Time-Limited employee earns Amended Sick Leave based on the regular work schedule. 01/29/11 6.3.2 A Permanent, Provisional or Time-Limited Full Time Amended employee regularly scheduled to work 40 hours each 01/29/11 workweek earns Sick Leave at a rate of 3.7 hours each pay period or 96.2 hours each year. 6.3.3 Sick Leave earning is prorated for Permanent, Provisional or Amended Time-Limited employee working a regular work schedule 01/29/11 other than 40 hours. 6.3.4 Sick Leave is earned during any pay period in which the Amended employee works or is on paid leave one-half or more of the 01/29/11 work days in the pay period. 6.3.5 In addition to Sick Leave earned, any accumulated Annual Amended Leave in excess of 240 hours as of January 31 of each year is 01/29/11 converted to Sick Leave. This converted Sick Leave is used in the same manner as earned Sick Leave. As with other Sick Leave, any unused converted Sick Leave is counted toward creditable service at retirement as authorized by the N.C. Local Government Employees Retirement System. Article IV-Page 7 9 Orange County Personnel Ordinance Issue Date:August 5, 2011 6.4 Accumulating Sick Leave Unused Sick Leave is cumulative and there is no maximum amount which may be accumulated. 6.5 Transferring Sick Leave 6.5.1 A new Permanent, Provisional or Time-Limited employee A111ended may transfer earned, unused Sick Leave from another local 01/29/11 government unit in North Carolina or from a North Carolina State agency if the transfer occurs within 12 months of employment with that unit or agency. 6.5.2 Any Sick Leave transfer requires proper verification of accumulated Sick Leave by the unit or agency which the employee is leaving. The employee is responsible for obtaining such verification. 6.5.3 For Permanent employees as of January 1, 1992 this transfer Amenaea provision is retroactive to the effective date of any covered 01/01/92 transfer. 6.6 Reinstating Sick Leave A former Permanent, Provisional or Time-Limited Orange County Amended employee who is reinstated as a Permanent, Provisional or Time- 01/29/11 Limited employee within one year after separation is credited with previously accumulated Sick Leave, upon reinstatement. 6.7 Approving Sick Leave Repealed Effective January 28, 2011. 6.8 Responsibility Repealed Effective January 28, 2011. 6.9 Advancing Sick Leave Repealed Effective January 28, 2011. 6.9 Effect of Separation on Sick Leave 6.10.1 Resignation, Layoff, Probationary Termination or Dismissal At separation, the employee receives no pay for accumulated Amended unused Sick Leave. 01/29/11 Article IV-Page 8 10 Orange County Personnel Ordinance Issue Date:August 5, 2011 6.10.2 Final Paycheck If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee shall reimburse the County from the final paycheck of the employee Please click the link below for complete Rules and Regulations. htlp:Hserver1.co.orange.nc.us/Pers/documents/sickleaverulesandregs.pdf 7.0 Health Insurance Amended 09/21/04 ] It is the policy of Orange County to provide permanent employees both full- time and part-time (regularly scheduled at least 20 hours each workweek) with group health insurance. The cost to the employee for group health insurance is determined each year. Employees also have the option, at additional expense, to cover the employee's spouse, dependent child(ren), domestic partner as defined in policy and/or family. 7.1 Effective Date Coverage is effective on the first day of the month following the date of employment. 7.2 Retiree Health Insurance Amended 09/0l/97 The County provides retiree health insurance and contributes toward the cost of this for eligible employees. 7.2.1 Employees Eligible An employee is eligible for retiree health insurance if he or she retires from Orange County and meets one of the following criteria. • Has at least 10 years of total Orange County Service as a permanent employee. • Is age 65 or older and has at least five years of total Orange County Service as a permanent employee. • Is retiring on a Disability Retirement and has at least five years of total Orange County Service as a permanent employee. 7.2.2 Eligibility Period To Elect Participation In Retiree Health Insurance To participate in retiree health insurance, the eligible retiree must be retiring directly from Orange County and request such participation within 30 calendar days of the last date of employment. Article IV-Page 9 11 Orange County Personnel Ordinance Issue Date:August 5, 2011 7.2.3 Retiree Health Insurance Plans Available For an eligible retiree under age 65: The retiree is covered under one of the County's group health insurance plans. The retiree remains on the County group health insurance plan in which enrolled at retirement. During any subsequent annual enrollment period, the retiree may change to another County health insurance plan as well as add or drop dependents. For an eligible retiree age 65 or older: Medicare becomes the primary insurer and the County becomes the secondary insurer. County group health insurance ends. The retiree enrolls in Medicare Part A and Part B and pays the cost. The County provides Medicare supplement insurance, as specified in this Ordinance. 7.2.4 County Contribution For Retiree Health Insurance Effective July 1, 2008, Orange County will not subsidize the Effective cost of retiree dependent health care for employees hired after 07/01/08 July 1, 2008. For an eligible retiree with 10 years of total Orange County service as a permanent employee, the County subsides the cost of retiree health insurance as follows: Retiree Dependent Retiree/Dependent Health Plan Type Su ]21ement* Su ]21ement* Retiree under 65 Group Health Plan 100% Dependent under 65 Group Health Plan 52% Dependent 65 or over Medicare Supplement None Retiree 65 and over Medicare Supplement 100% Dependent under 65 Group Health Plan None Dependent 65 or over Medicare Supplement None For an eligible retiree, age 65 or retiring on a disability retirement, with five years, but less than 10 years of total Orange County service as a permanent employee, the County subsides the cost of retiree health insurance as follows: Retiree Dependent Retiree/Dependent Health Plan Type Su ]21ement* Su ]21ement* Retiree under age 65 Group Health Plan 50% Dependent under 65 Group Health Plan 26% Dependent 65 or over Medicare Supplement None Article IV-Page 10 12 Orange County Personnel Ordinance Issue Date:August 5, 2011 Retiree 65 or over Medicare Supplement 50% Dependent under 65 Group Health Plan None Dependent 65 or over Medicare Supplement None * The County pays the percentage shown of the cost not to exceed the amount it contributes for individual/dependent coverage for current employees. The retiree pays the cost for any group health insurance or Medicare supplement coverage for the retiree or the dependent costing more than the County contribution. If the retiree waives coverage, the County provides no cash payment in lieu of such coverage. 7.2.5 Payment Of Premiums For Which The Retiree Is Responsible The retiree pays Orange County any required premiums monthly. With appropriate notice, the County terminates coverage when premiums are more than 30 days past due. The health insurance provider bills the retiree directly for any Medicare supplement coverage for a dependent. 7.2.6 Dependent Under Age 65 At Death of Eligible Retiree Upon the death of the retiree enrolled in the County retiree health insurance, the County offers a dependent on group health insurance continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). The dependent is eligible for such coverage for up to 36 months (or until attaining age 65)provided the dependent pays the full cost of this coverage. 7.2.7 Eligible Retiree Returning To Work In NC Local Government If the retiree returns to work with another North Carolina Local Government employer in a position which offers group health insurance coverage (whether the employee elects it or not), Orange County cancels the retiree's health insurance coverage through Orange County and such coverage may not be reinstated. 7.3 COBRA Coverage Amended 09/21/04 ] Under the Consolidated Omnibus Reconciliation Act (COBRA), Orange County continues health care coverage to persons who would otherwise lose coverage under a health care plan due to specific events provided the employee, covered spouse, domestic partner as defined in policy, and/or dependent child agrees to pay, and pays, the cost of this coverage. 7.3.1 When coverage ceases due to termination or reduction in Amended hours of employment, the employee, covered spouse 09/21/04 domestic partner, and/or dependent child is entitled to up to 18 months of coverage. Article IV-Page 11 13 Orange County Personnel Ordinance Issue Date:August 5, 2011 7.3.2 If the employee, covered spouse, domestic partner, or Amended dependent child is determined disabled under Social Security 09/21/04 at the time of termination or reduction in hours, he or she is entitled to purchase coverage for up to 29 months. 7.3.3 The spouse, domestic partner, or dependent child of an employee is entitled to a to 36 months of coverage if an of Amended p g y 109/21/04 the following occurs: -Death of the covered employee -Divorce or legal separation of the covered employee from the employee's spouse or termination of a domestic partner relationship -A covered employee-becomes entitled to Medicare benefits -A covered dependent is no longer a dependent. 8.0 Unemployment Insurance N.C. State Unemployment Compensation funds are financed in part by employer contributions. Orange County, therefore pays the required premium for financial protection in the event the employee should become unemployed. 8.1 To be eligible for benefits, workers must be unemployed through no fault of their own. If an employee is fired for cause, benefits may not be available as stated in North Carolina Law. 9.0 Retirement Membership in the North Carolina Local Government Retirement System is mandatory for full-time permanent and part-time permanent employees. Employees become a member of the North Carolina Local Governmental Employees' Retirement System on the date of hire if the duties require the employee work at least 1,000 hours a year and the employee is under age 62 at the date of hire. Vested Right - After five (5) years of service, employees are eligible for monthly retirement benefits based on salary age and years of service. Service Retirement With 30 Years - After 30 or more years of creditable service, an employee is eligible for unreduced service retirement. An employee must not work nor be paid in advance for work dating the month following retirement. Service Retirement At Age 65 - At age 65 or thereafter an employee is eligible for unreduced service retirement, with at least five (5) years of service. (Age 55 if the employee is a member of the Law Enforcement Officer's Retirement System) Post Retirement Increases - After retirement, an employee may become eligible for increases that become a permanent part of retirement benefits. Article IV-Page 12 14 Orange County Personnel Ordinance Issue Date:August 5, 2011 9.1 Disability Disability benefits are available after five (5) years of service, should the employee become permanently disabled, mentally or physically, for the further performance of duty as certified by the Medical board of the Retirement System, upon written application to the Board of Trustees, be retired on a disability retirement allowance. This allowance is calculated as a service retirement allowance based on the average final compensation prior to retirement and the years of service the employee would have had at age 65. 9.2 Death Benefit Death benefit is paid the beneficiary if death occurs in active service after one year of service. The beneficiary would be paid a death benefit equal to the compensation earned and on which contributions were made in the previous calendar year, or the compensation earned and on which contributions were made in the 12 months preceding the month of death, whichever is greater, subject to a maximum of $20,000. If death occurs within 90 days after the last day of actual service, the death benefit would be payable; or, if the employee had applied for and was entitled to receive a disability retirement allowance, the death benefit would be payable provided the disability retirement allowance had not been discontinued or revoked during the one year period. In case of resignation or termination, last day of actual service is the last day actually worked; in all other cases, it is the date on which sick and annual leave expires. 9.3 Tax Sheltering of Retirement Contributions Effective July 1, 1982, Orange County elected a method of tax sheltering of member contributions to the North Carolina Local Government Employees Retirement System. This change became effective January 1, 1983 for the N.C. Law Enforcement Officer Retirement System. This is funded by the same six percent (6%) retirement contribution deducted from a member's gross salary. Using this arrangement, there is no additional cost to an employer. The Retirement System will continue to credit the amount of contribution to the employee's account in the Retirement System. Also, the Retirement System would continue to recognize an employee's full salary for purposes of compensation. Should an employee terminate and request a refund, the total of contributions both before and after the election would be refunded. Upon a refund, the System will report to the Internal Revenue Service an employee's contribution made after the election of the pick up as taxable income in the year of the refund. At retirement, an employee has to pay Federal income tax on all amounts received over and above the contributions made prior to the date of election to tax shelter the contributions. 9.4 Supplemental Retirement Savings Plan Employer Contribution Article IV-Page 13 15 Orange County Personnel Ordinance Issue Date:August 5, 2011 9.4.1 f eeti ° T.,,,ttaf., ' 2011 Orange County makes a Supplemental Retirement contribution to an authorized 401(k) or 457 Plan $27.50 pet: . pay pefie for each eligible employee fef t4e femaindef ef t4e fiseal yeaf, and thefea as the Board of County Commissioners provides in its annual budget. 9.4.2 For this purpose, eligible employees are County employees both full time and part time (regularly scheduled at least 20 hours each workweek) appointed to permanent positions who are members of the N. C. Local Government Employees' Retirement System and who are not sworn law enforcement officers. See Section 9.5 for additional retirement benefits for Law Enforcement Officers. 9.4.3 To participate, an eligible employee completes the appropriate enrollment form. 9.4.4 Employees are eligible for coverage effective the date of appointment to the permanent position and enrollment in the retirement system. Contributions are suspended for any pay period in which the employee is in leave without pay status for that pay period. At termination, the County's supplemental retirement contribution ends. 9.5 Additional Retirement Benefits for Law Enforcement Officers In accordance with GS143-166.70 additional retirement benefits are provided for Local Law Enforcement Officers. 9.5.1 Local governments are required to provide contributions to the Special Retirement Income Program (401K Plan) for local law enforcement officers as follows: 2% of salary amount in F.Y. 1987 - 1988 5% of salary amount in F.Y. 1988 - 1989 and thereafter 9.5.2 Special Separation Allowance. Local governments are Amended required to pay a special separation allowance to sworn local 1121110 law enforcement officers in accordance with N.C. Gen. Stat. § 143-166.42. 1. Eligibility. The local law enforcement officer must meet one of the following two criteria: (1) are at least age 55 and have 5 years creditable service as a law enforcement officer, or Article IV-Page 14 16 Orange County Personnel Ordinance Issue Date:August 5, 2011 (2) have at least 30 years creditable service (regardless of age) in the Local Government Employees Retirement system with at least 50% of that service being in law enforcement. 2. Termination of Benefits. If the law enforcement officer meets one of the two criteria in 9.5.2-1, the officer is entitled to a special separation allowance from retirement until: (1) The death of the officer; (2) The last day of the month in which the officer attains 62 years of age; or (3) The first day of reemployment by a local government employer in any capacity; however, an officer may be employed in a public safety position in a capacity not requiring participation in the Local Government Employees' Retirement system, and doing so will not cause payments to cease. 3. Calculation of Benefits. The Special Separation Allowance received by the officer shall be calculated as provided by N.C. Gen. Stat. § 143-166.42. 4. The benefits payable under this section are not subject to any increases in salary or retirement allowances that may be authorized by the Board of County Commissioners. 9.5.3 Administrative rulings, opinions and procedures of the Retirement System shall be considered in the administration of retirement benefits. 9.6 Separate Benefit Fund for Law Enforcement Officers Only If an employee dies while an active member of the Separate Benefit Fund, a death benefit of $5,000 is paid to the designated beneficiary. To qualify the employee must be an active member of six (6) months or the employee's death is accidental, regardless of length of service. To become an active member, the employee must be under age 55, in active service and have completed and returned a written application form. Retired members of the Separate Benefit Fund beneficiaries will receive a death benefit of$3,000. To be eligible for this benefit, the employee must have been an active member of the Separate Benefit Fund with at least 20 years of creditable service or retired because of total and permanent disability with at least ten (10) years of creditable service or line-of-duty disability. Article IV-Page 15 17 Orange County Personnel Ordinance Issue Date:August 5, 2011 9.7 Accidental Death Benefit for Law Enforcement Officers Only The accidental death benefit automatically protects the employee's survivors if the employee should die in an on-the-job accident. The accident must occur while the employee is performing duties as an officer. In addition, the employee's surviving spouse, parent, or other relative will receive $1,000 for burial expenses. Each of the employee's dependent children under 18 (or over, if incapable of earning a living) will receive $200. The employee's surviving spouse will receive $500. If the employee has no surviving spouse, the Retirement system may distribute the $500 to the employee's other eligible family members. Under the accidental death benefit, the total amount of payments to the employee's survivors cannot be greater than $2,100. 9.8 A Line-of-Duty Death Benefit (For Law Enforcement Officers Only) Law Enforcement Officers may also be entitled to additional benefits to include: -$25,000 administered jointly by the North Carolina Industrial Commission and the State Auditor. -$50,000 from the Federal Law Enforcement Assistance Administration. 9.9 Lump Sum Death Benefit (For Law Enforcement Officers) See Section 9.2 Death Benefit. 10.0 Petty Leave Repealed Effective December 31, 2010. 11.0 Funeral Leave Permanent employees both full time and part time are eligible to receive Funeral Leave with pay. Funeral leave may be used for death in an 0118/01 p y y olilsiol employee's immediate family, as defined in this Ordinance. Funeral Leave may not exceed three consecutive workdays for any one occurrence, the last day being the next workday after the funeral. Funeral Leave with respect to relatives not covered under this policy may be taken from Vacation Leave. Additional Time off for bereavement or time off for estate-related business may be charged to Vacation Leave, Personal Leave Days, Petty Leave or leave without pay with the approval of the employee's immediate supervisor. 12.0 Civil Leave All County employees are eligible for Civil Leave with pay during regularly scheduled work time for certain court duty. Article IV-Page 16 18 Orange County Personnel Ordinance Issue Date:August 5, 2011 12.1 Jury Duty - The employee called for jury duty is paid for regularly scheduled hours. 12.2 Witness duty (not work-related) - The employee may be paid for regularly scheduled work time during which the employee is subpoenaed to appear as a witness and remits any fees received to the County. The employee may elect to take vacation leave with pay, if any, and keep any fees received. 12.3 Civil Leave is not granted for an employee's appearance (not work-related) in court as a plaintiff or defendant. 12.4 Time spent on official County duties in court is work time and Civil leave does not apply. Employees must turn over to Orange County any fees awarded by the courts for court appearances in connection with their official duties. 12.5 Civil leave needs to be reported to department heads at the time notice is received. A department head may request a copy of the notice as needed to verify the employee's attendance in court. 13.0 Maternity Leave Maternity leave shall be granted when the employee desires to be away from work due to pregnancy, childbirth and recovery therefrom, and related conditions. Maternity leave is available to full-time permanent, and part-time permanent employees. 13.1 In accordance with the County's policy on Equal Employment Opportunity, employees will not be penalized in employment due to pregnancy, miscarriage, childbirth, recovery, and the time away from work each condition requires. 13.2 Limitation of employment before childbirth is prohibited by Federal Law; therefore, based on the type and nature of work performed, each department head shall be responsible for determining, in consultation with the employee and upon advice received from the employee's physician, how far into pregnancy the employee may continue to work before going on leave. 13.3 The employee shall be granted maternity leave, not to exceed six months. 13.4 To receive maternity leave, an employee must apply in writing to their supervisor who in turn presents the request to the County Manager for approval. Once the dates of leave are determined, the employee is obligated to return to work as scheduled unless a physician advises against it. In this case, the employee should notify the County Manager immediately. Failure to do so will be considered a resignation. Article IV-Page 17 19 Orange County Personnel Ordinance Issue Date:August 5, 2011 13.5 Reinstatement to the same or similar classification, seniority, and pay must be made upon the employee's return to work, unless such a position is no longer available due to budgetary reduction in staff. 13.6 During the time the employee is disabled any sick leave earned can be used. For any remaining period of disability, or for time prior to and after disability, the employee shall be granted maternity leave. 13.7 The following options are available to an employee going on maternity leave: 13.7.1 The employee may take leave without pay when desired to be on leave from work prior to the time of actual disability. If the employee wishes to retain all accumulated sick and vacation leave, leave without pay may be taken for the entire maternity leave period(see Article III. Section 4). 13.7.2 The employee may use accumulated sick leave for the actual period of temporary disability. The attending physician's statement will indicate the period of temporary disability. An employee in the process of using accumulated sick leave will continue to be in a leave earning capacity, be entitled to holidays, be eligible for merit increments, and be eligible to receive benefits offered under the County's group insurance policies. 13.7.3 The employee may use accumulated vacation leave, before going on leave without pay. An employee in the process of using accumulated vacation leave will continue to be in a leave earning capacity, be entitled to holidays, be eligible for merit increments, and be eligible to receive benefits offered under the County's group insurance policies. 13.7.4 An employee will be permitted to use any combination of the options listed above subject to the approval of the County Manager. 13.8 Adoption - An employee may take a leave of absence when the employee is adopting a child. This will be considered Maternity Leave and it will not exceed a period of six (6) months. Options 13.7.1 and 13.7.3 will be available to the employee. 14.0 Family and Medical Leave Amended 06/01/10 14.1 In accordance with the provisions of the Family and Medical Leave Act (FMLA) of 1993 and any amendments thereto, Orange County will provide qualified employees up to twelve weeks of unpaid leave in a 12-month period for specified family and medical reasons, or for any "qualifying exigency" arising out of the fact that a covered military member is on active duty, has been notified of an impending call for duty or is ordered to active duty, in support of a contingency operation, or to take up to 26 weeks of job-protected leave in a single 12-month period to care for a covered service member with a serious injury or illness. Article IV-Page 18 20 Orange County Personnel Ordinance Issue Date:August 5, 2011 14.2 An employee may take up to three days of consecutive paid leave for Amended the birth or adoption of his or her child during the child's first week of 1 06/01/10 life or first week in the home or for the fostering of a child under the age of five during the child's first week in the home. 14.3 The County Manager will provide Rules and Regulations to carry Amended out the purpose of this section of the Ordinance. Please see the link 1 06/01/10 below for complete Rules and Regulations. http://serverl.co.orange.ne.us/Pers/documents/FMLARule-Regssi gned061010.pdf 15.0 Military Leave Amended 6/16/10 15.1 In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, its amendments and any implementing regulations, (USERRA) 38 U.S.C. 4301 et. seq. and N.C. Gen. Stat. 127A-116, military leave, employment, retention and reemployment rights and benefits are granted to qualified military servicemembers and veterans for certain periods of service in the uniformed services. 15.2 No agent or employee of the County shall deny an individual initial employment, reemployment, retention in employm5ent, promotion, or any benefit of employment on the basis of their membership, application for membership, performance of services, application for service, or obligation for service in the uniformed services. 15.3 The County Manager will promulgate Administrative Rules and Regulations to carry out this section of the Personnel Ordinance. http://serverl.co.orange.ne.us/Pers/documents/MilitaZ LeaveRulesandRegulations.doe 16.0 Tuition Refund Program and Educational Leave Full-time and part-time permanent employees may be eligible to obtain financial assistance for the purpose of furthering the education and skills of County employees. 16.1 Employees who are not receiving educational assistance from other governmental sources shall be eligible to apply for assistance under this program. The recipient must be a County employee at the time of refund. 16.1.1 The Tuition Refund Program shall be administered by the County Manager. 16.1.2 All courses shall be eligible when, in the opinion of the relevant Department Head and the Pefsennel Human Resources Director, the course will either improve the employee's ability to do their present job or help prepare the employee for a County position which will demand a Article IV-Page 19 21 Orange County Personnel Ordinance Issue Date:August 5, 2011 higher skill or ability level. The initiative for participation in the program must originate with the employee. Participation is on the employee's own time off except as specified in section 16.1.13. (Sheriff Department employees taking Law Enforcement related courses are not eligible under this program as they have own existing program.) 16.1.3 All courses must be job related and approved by the Department Head and the County Manger. Courses must help the employee in their present position or prepare the employee for greater training, skills, or knowledge in a career with the County. The candidate for tuition refund or educational leave will be required to file a formal application for such leave with the department head. All approvals for tuition refunds must be obtained in advance of class enrollment. 16.1.4 Total costs which the County will pay for each eligible employee are limited to no more than $600 in a fiscal year > ffe�ti°e y oaiolioo for tuition, fees and books required for the courses (Activity fees are not reimbursable.) Receipts for all reimbursable expenses must be attached to the request turned in following successful completion of the course. Travel is reimbursable, only on date of registration for the course. Verification of a passing grade or successful completion must also accompany the request. (A grade of "C" or "Pass" is required in formal course work.) Nothing is paid if the employee fails to complete the course. 16.1.5 Funding for the program shall be available up to the limits established by the County Commissioners and monies shall be disbursed on a fiscal year basis. 16.1.6 Request for reimbursement must be made within 30 days of course completion. The employee shall be responsible for obtaining reimbursements. 16.1.7 Successful completion of the course or degree shall not warrant additional pay. 16.1.8 All reimbursement checks shall be forwarded to the employee via the Finance Department. 16.1.9 Expenses for training courses, seminars or workshops shall not be reimbursed under this procedure. See Article 111. Section 9. 16.1.10 An employee may receive an advance payment of no more than 50% of the tuition costs, (verification of costs must accompany request for advance payment) provided they shall agree to repay the County should their employment terminate prior to and/or before a date within one Article IV-Page 20 22 Orange County Personnel Ordinance Issue Date:August 5, 2011 month of course completion or should the employee fail to complete the course as specified in Section 16.1.4. 16.1.11 In the event that repayment is necessary, repayment shall be made to the County by direct reimbursement or by payroll deduction within two semi-monthly periods or a one month period. Authorization or the number and amount of payroll deductions shall be made by the County Manager. 16.1.12 The County Manager may consult with the relevant Department Heads in determining termination status of an employee and may also enlist the aid of the County Revenue Department in securing repayment. 16.1.13 Upon recommendation of the supervising department head and the approval of the Manager, a leave of absence at full or part pay during or outside of regular working hours may be granted to permit an employee to take courses of study as indicated in Section 16.1.2. 16.1.14 The procedures and policy for extended educational leave without pay are synonymous with those outlined for leave without pay. See Article III Section 4. 16.1.15 An employee going on full Education Leave with pay will be obligated to remain employed with the County for one (1) year following completion of their education. If the agreement is not kept the employee is expected to refund tuition fees and other expenses paid by the County as indicated in Section 16.1.11, and/or amounts will be held out from final compensation due the employee at termination. 17.0 Credit Union The North Carolina State Employee's Credit Union and the Local Government Employee's Credit Union are a cooperative savings and loan institution, organized to promote thrift among its members and to provide a source of credit for worthwhile purpose at least possible cost. 17.1 Orange County Local Government employees (full-time permanent or part-time permanent) may join the N.C. State Employee's Credit Union under the following conditions: 17.1.1 They were previous members of the N.C. State Employees Credit Union and maintain an active account, or 17.1.2 Their spouse, parents or children are members. Article IV-Page 21 23 Orange County Personnel Ordinance Issue Date:August 5, 2011 17.2 Orange County Local Governmental employees (full-time permanent or part-time permanent)may join the Local Government employee's credit union if they are not already being served by another Credit Union. 17.3 If the conditions listed above exist, the employee may apply for membership at the Credit Union or in the e4Human Resources Department and make the necessary deposit. Upon approval of the applications by the Board of Directors of the Credit Union, the applicant is entitled to all benefits of membership. 18.0 Deferred Compensation The advantages of participation in the County's Deferred Compensation Plan shall be made available to all County employees. 18.1 Deferred Compensation allows an employee to pay less taxes now in accordance with the Tax Revenue Act of 1978. 18.1.1 Orange County has established a legally qualified plan. Such plans set up methods of payroll deductions, for investing your money and crediting it properly, and for providing regular statements of accounts. 18.1.2 This is not a regular savings account, its primary purpose is to help in retirement planning. Money may be reimbursed only at retirement or when an employee terminates public employment. In severe financial hardship, the money may be reimbursed by approval. In event of death, funds would go to the employee's beneficiaries. Deferred Compensation does not affect in any way any other retirement benefits or Social Security benefits. 18.1.3 Employees may defer no more than 25% of their gross income (up to a maximum of$7,500) in any one year. 18.1.4 Employees interested in enrolling may do so by contacting an enrollment representative of the plan. 19.0 Longevity Pay Amended 19.1 General 07/01/93 The County provides Longevity Pay to recognize long-term service of Permanent employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek) who have completed at least 10 years of total Orange County service as a permanent employee. 19.2 Calculating Longevity Pay Longevity Pay is calculated by multiplying the employee's base annual salary by the appropriate percentage as follows: Article IV-Page 22 24 Orange County Personnel Ordinance Issue Date:August 5, 2011 Years of Total Orange County Service Lon _gevity PayPay Rate 10 but less than 15 1.50% 15 but less than 20 2.25% 20 but less than 25 3.25% 25 or more years 4.50% 19.3 Payment 19.3.1 To receive Longevity Pay, the employee must be in active employment status on the effective date. (Payment is not made on a pro-rated basis for a terminating employee or an employee on an extended leave without pay.) 19.3.2 The Longevity payment is made in a lump sum on the payday for the pay period in which effective. 19.3.3 Applicable deductions are made for Social Security, retirement, state and federal taxes. 19.4 Effective Date 19.4.1 Longevity Pay is effective on the pay period beginning date following the employee's most recent employment anniversary date. If the employee's anniversary date falls on the pay period beginning date, Longevity Pay is effective on that pay period beginning date. Note: If the employee has prior service as a permanent employee with Orange County, this service is used in determining the employee's eligibility for Longevity Pay and the amount for which eligible but does not change the effective date. 19.5 Longevity Pay is not considered a part of base annual pay for classification or other pay record purposes. 20.0 Employee Recognition 20.1 It is the policy of the County to recognize and express appreciation for the long- term service of permanent staff employees, both full-time and part-time. 20.2 This program recognizes the employee's service at five-year intervals beginning with five and ending with 50 years of Aggregate County Service. It provides for greater recognition as the employee's years of service increase. 21.0 Employee Suggestions Article IV-Page 23 25 Orange County Personnel Ordinance Issue Date:August 5, 2011 Employee suggestions regarding ways in which to improve County services are encouraged and welcomed and can be made without threat or reprisal. If the suggestions lead to cost savings for the County, a cash award may be presented to the employee. 22.0 Shared Leave Amended 22.1 General 101/01/00 22.1.1 Shared Leave provides an employee the opportunity to donate a specified number of Vacation Leave hours and/or Personal Leave hours to help another employee who has exhausted all Sick, Vacation and Personal Leave and is in need of leave to cover periods of missed work time due to a serious health condition or to care for a member of his or her immediate family who has a serious health condition. 22.1.2 An employee donating leave may elect to donate a minimum of four hours of: • Vacation Leave up to the amount that would not drop his or her Vacation Leave balance below 80 hours of leave. • Personal Leave hours up to the total amount of Personal Leave Days available for the calendar year. 22.2 Eligibility 22.2.1 Any permanent employee with one year of Orange County service as a permanent employee is eligible to donate or request leave. 22.2.2 Following are situations wherein an employee can request to participate in the Shared Leave program upon documentation of the need for leave by a physician: An employee who is unable to work due to a serious health condition. This includes an employee who is unable to work due to pregnancy related disability. An employee who needs to be away from work to care for a immediate family souse domestic Amended member of the employee's y � p � 9/21/04 partner as defined in policy, child, or parent) who has a serious health condition. The following situations are not eligible for Shared Leave: • Elective surgery • An employee receiving Workers' Compensation benefits. Article IV-Page 24 26 Orange County Personnel Ordinance Issue Date: August 5, 2011 22.2.3 An employee requesting leave through the Shared Leave program must first exhaust all earned, unused Sick, Vacation and Personal Leave. 22.2.4 An employee may receive a maximum of 80 hours of donated leave each calendar year through the Shared Leave program. Shared Leave may not be used to extend an employee's time in leave status beyond one year from the last date worked. 22.3 Process 22.3.1 An employee who wishes to request leave through the Shared Leave program provides to the Human Resources Department a letter requesting participation in the Shared Leave program and a physician's statement documenting the need for leave. PefsannelThe Human Resources Department reviews Shared Leave requests for eligibility. 22.3.2 Once a Shared Leave request is approved, the Pefselifieffluman Resources Department communicates to all County employees a description of the employee's request for Shared Leave, releasing only the information authorized in writing by the employee. Pefsemieffluman Resources may elect to release the description first to employees in the requesting employee's department before communicating the request to all County employees. 22.3.3 Any employee's donation of Vacation Leave or Personal Leave to a participant in the Shared Leave program is voluntary. Direct solicitation of employees for Shared Leave donations is not permitted. 22.3.4 An employee who wishes to donate Vacation Leave or Personal Leave to an employee requesting Shared Leave completes a "Shared Leave Donation" form and submits this to the Human Resources Department within the time period specified for request. (Sick Leave may not be donated.) 22.3.5 Donations of leave must be a minimum of four hours. 22.3.6 Donated leave hours up to a total of 80 hours are transferred to the employee receiving the Shared Leave. Once leave is donated and transferred to the employee receiving the leave, it may not be returned to the donating employee. 22.3.7 During the period an employee is using Shared Leave, the employee continues to be in a leave earning capacity, be entitled to holidays, receive any salary increase for which otherwise eligible, and be eligible to receive benefits offered under the County's group insurance policies. Article IV - Page 25 27 Orange County Personnel Ordinance Issue Date:August 5, 2011 23.0 Personal Leave Days Repealed Effective December 31, 2010. 24.0 Furlough Amended 06/21/11 24.1 From time to time a Furlough Plan may be implemented. 24.1.1 Mandatory Furlough. The Board of County Commissioners may by resolution implement a mandatory furlough plan. 24.1.2 Voluntary Furlough. The County Manager may implement a voluntary furlough plan as provided in Subsection 24.3. 24.2 An employee who takes a furlough shall not lose seniority, shall not be required to pay employer paid benefits and shall earn and retain all leave at the same rate, unless otherwise provided by the Board, as if the cost saving measure had not occurred. 24.3 The County Manager shall provide Administrative Rules and Regulations to carry out the provisions of the section. Article IV-Page 26