Salary Ordinance

Article 7 – Other Provisions. The County Administrator and Auditor-Controller are directed to prepare regulations and procedures for the administration and implementation of this Article. (BOS approved 12/21/10) (BOS approved 3/13/12) (BOS approved 7/24/12) (BOS approved 10/2/12) (BOS approved 3/10/20)

SECTION 7-1. APPLICATION

Unless specifically stated, this Article applies to persons occupying positions in management or “M-designated” classifications with Job Code which includes the suffix SE, EM, SM, PA, CA, MA or M; such persons are hereafter called employee(s). The provisions of this article, listed in Sections 7-1, 7-2, 7-8, 7-9, 7-10, 7-11, and 7-12 shall apply to elected County officers.  The provisions of this Article, listed in Sections 7-1, 7-2, and 7-19 shall apply to judges of the municipal courts.

This Article shall also apply, only as specifically mentioned in certain provisions, to employees represented by the Probation Peace Officers’ Association in Representation Units 001 and 076, the Union of American Physicians and Dentists in Representation Units 018 and 024, and unrepresented non-management classifications.

This Article shall not apply to County retirees employed temporarily in positions requiring special skills and knowledge as permitted by Section 31680.2 of the Government Code, as well as Intermittent, Service-As-Needed (SAN), and Temporary Assignment Pool (TAP) employees.

(BOS approved 12/21/10) (BOS approved 3/13/12) (BOS approved 7/24/12) (BOS approved 10/2/12) (BOS approved 3/10/20)

SECTION 7-2. VESTED RIGHTS NOT ESTABLISHED

The provisions of this article are not intended to and do not establish vested or contractual rights and are subject at anytime to change or repeal by the Board with or without the substitution of comparable benefits.

SECTION 7-3. WORKWEEK

Employees are subject to a workweek of 40 hours.

SECTION 7-4. VACATION SELLBACK

Unless otherwise provided in this Section, an employee accruing vacation at the rate of 10 working days or more per year may receive equivalent cash payment for up to 5 vacation days per fiscal year. An employee accruing vacation at a rate of 20 working days per year may receive equivalent cash payment for up to 10 vacation days per fiscal year. This benefit shall be prorated for part time employees based upon the proportion of the normal 40 hour workweek for which the employee is regularly scheduled to work. In lieu of, or in addition to the foregoing, an employee may have accrued vacation leave credited against his/her transition pay obligation to the County.

A. Effective July 1, 1995 an ACMEA represented employee (Confidential and General Government Units) may receive equivalent cash payment for up to 15 vacation days per fiscal year. This benefit shall be prorated for part-time employees based upon the proportion of normal 40 hour workweek for which the employee is regularly scheduled to work. In lieu of, or in addition to the foregoing, an employee may have accrued vacation leave credited against his/her transition pay obligation to the County. In addition, employees may sell up to 10 additional days (prorated for part-time employees) to be used solely for the purchase of Long Term Disability Insurance.

C. Effective July 1, 1995 an employee represented by the Professional Association of County Employees may receive equivalent cash payment for up to 15 vacation days per fiscal year. This benefit shall be prorated for part-time employees based upon the proportion of the normal 40 hour work week for which the employee is regularly scheduled to work. In lieu of or in addition to the foregoing, an employee may have accrued vacation leave credited against his/her transition pay obligation to the County. In addition, employees may sell up to 10 additional days (prorated for part-time employees) to be used solely for the purchase of long term disability insurance.

D. Effective July 1, 1995 an unrepresented employee may receive equivalent cash payment for up to 15 vacation days per fiscal year. This benefit shall be prorated for part-time employees based upon the proportion of the normal 40 hour workweek for which the employee is regularly scheduled to work. In lieu of, or in addition to the foregoing, an employee may have accrued vacation leave credited against his/her transition pay obligation to the County. In addition, employees may sell up to 10 additional days (prorated for part-time employees) to be used solely for the purchase of Long Term Disability Insurance.

E. Effective July 1, 2007, in Fiscal Years 2007-2008 and 2008-2009, an unrepresented employee may sell back an additional five days of vacation.

G. Effective July 1, 2000, an employee represented by ACFWIA, Operating Engineers Local 3, assigned to Representation Unit 064, may receive equivalent cash payment for up to 15 vacation days per fiscal year. This benefit shall be pro-rated for part time employees based upon the proportion of the normal 40 hour work week for which the employee is regularly scheduled to work. In lieu of or in addition to the foregoing, an employee may have accrued vacation credited against his/her transition pay obligation to the County. In addition, employees may sell up to 10 additional days (pro-rated for part time employees) to be used solely for the purchase of Long term Disability Insurance.

J. Effective July 1, 2009, in Fiscal Years 2009-2010 and 2010-2011, an employee represented by the Alameda County Management Employees Association (ACMEA) Confidential and General Government Units, and each Unrepresented management employee and Representation Units R53 and R61, may sell back an additional five days of vacation. (BOS approved 5/12/09) (BOS approved 7/21/09 unrep. mgmt. and Rep. Units R53 and R61)

O. An employee represented by ACMEA (Sheriff’s Unit 029) may receive equivalent cash payment for up to 15 vacation days per fiscal year. This benefit shall be prorated for part-time employees based upon the proportion of the normal 40 hour workweek for which the employee is regularly scheduled to work. In lieu of, or in addition to the foregoing, an employee may have accrued vacation leave credited against his/her transition pay obligation to the County. In addition, employees may sell up to 10 additional days (prorated for part-time employees) to be used solely for the purchase of Long Term Disability Insurance.

Effective July 1, 2006, in Fiscal Years 2006-2007 and 2007-2008, an employee represented by ACMEA (Sheriff’s Unit 029) may sell back an additional five days of vacation.

Effective July 1, 2010, in Fiscal Years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015, an employee represented by ACMEA (Sheriff’s Unit 029) may sell back an additional five days of vacation.

Effective July 1, 2010, an employee represented by ACMEA (Sheriff’s Units 026, 027 & 028) may receive equivalent cash payment for up to 15 vacation days per fiscal year. This benefit shall be prorated for part-time employees based upon the proportion of the normal 40 hour workweek for which the employee is regularly scheduled to work. In lieu of, or in addition to the foregoing, an employee may have accrued vacation leave credited against his/her transition pay obligation to the County. In addition, employees may sell up to 10 additional days (prorated for part-time employees) to be used solely for the purchase of Long Term Disability Insurance.

The yearly maximum allowable vacation sellback for ACMEA Sheriff’s (Management Units 026, 027, 028 & 029) shall return to fifteen (15) days in fiscal year 2015-2016.   (BOS approved 9/28/10)

R. Effective July 1, 2011, an employee represented by the Alameda County Management Employees Association (ACMEA) General Government and Confidential Units may increase the yearly maximum vacation sellback from fifteen (15) days to twenty (20) days in Fiscal Year 2011-2012. The yearly maximum vacation sellback for ACMEA General Government and Confidential Units shall return to fifteen (15) days in Fiscal Year 2012-2013. (BOS approved 5/22/12)

S. Effective July 1, 2011, each unrepresented management employee may increase the yearly maximum vacation sellback from fifteen (15) days to twenty (20) days in Fiscal Year 2011-2012. The yearly maximum vacation sellback for unrepresented management employees shall return to fifteen (15) days in Fiscal Year 2012-2013. (BOS approved 6/5/12)

T. Effective July 1, 2013, the yearly maximum vacation sellback for employees represented by the Alameda County Management Employees Association (ACMEA) – General Government and Confidential Units R15, R44, R48, R49, R50, R50, R53, and R61 shall be fifteen (15) days in Fiscal Year 2012-2013 and will continue through Fiscal Year 2021-2022. (BOS approved 7/16/13) (BOS approved 2/6/18)

U. Effective July 1, 2013, the yearly maximum vacation sellback for unrepresented management employees shall be fifteen (15) days per Fiscal Year. (BOS approved 7/16/13)

W. Effective July 1, 2015, in Fiscal Years 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021, an employee represented by the ACMEA Sheriff’s Sworn Unit in Representation Units 026, 027 and 028, may sell back an additional five days of vacation. (BOS approved 6/30/15).

 ACMEA Probation Department Managers Unit – subsection P. (BOS approved 11/30/10) (BOS approved deletion 1/25/22)

ACMEA Sheriff’s Non-Sworn Unit – subsection B. (BOS approved deletion 9/28/10 effective 10/3/10)(BOS approved deletion 6/4/19); subsection K. (BOS approved deletion 9/28/10 effective 10/3/10) (BOS approved deletion 6/4/19)

ACMEA Sheriff’s Sworn Unit – subsection B. (BOS approved deletion 9/28/10 effective 10/3/10)(BOS approved deletion 6/4/19)

IFPTE Local 21, ACCA – subsection L. (BOS approved 6/29/10) (BOS approved ACCA deletion 10/10/23)

IFPTE Local 21, CEMU – subsection F. (BOS approved CEMU deletion 10/10/23); subsection I.  (BOS approved 7/22/08) (BOS approved deletion 10/10/23); subsection V. (BOS approved 9/24/13) (BOS approved deletion 10/10/23); subsection N. (BOS approved 7/13/10) (BOS approved CEMU deletion 10/10/23)

IFPTE Local 21, PACE S-06 and S-25 – subsection H.  (BOS approved 6/17/08) (BOS approved deletion 7/26/22); subsection I.  (BOS approved 7/22/08) (BOS approved deletion 10/10/23); subsection Q. (BOS approved 1/10/12) (BOS approved deletion 7/26/22)

IFPTE Local 21, Public Defender – subsection M. (BOS approved 6/29/10) (BOS approved deletion 10/10/23)

 

SECTION 7-5. PAID LEAVE

This plan recognizes that the time required by management (M-designated) employees to complete their duties is not limited by the length of the normal County workweek by allowing employees paid leave of absence in each calendar year, as follows:

A.     Exempt M-designated employees. (BOS approved amendment 3/26/19)

1. Each exempt unrepresented employee, who, as an executive, administrative, or professional employee, is exempt from the overtime provisions of the Fair Labor Standards Act, shall receive seven days of paid leave of absence in each calendar year in recognition of time worked in excess of the normal County workweek, to be scheduled by the employee, subject to the approval of the department head, and to be taken only within that calendar year.

2. Additionally, each exempt employee represented by the ACMEA in Representation Units R15, R44, R45, R48, R49, and R50;  ACMEA in Representation Units 029 & 075; and the Professional Association of County Employees in Representation Units S06 and S25, who is an executive, administrative, or professional employee exempt from the overtime provisions of the Fair Labor Standards Act,  shall receive seven  (7) days of paid leave of absence in each calendar year to be scheduled by the employee, subject to the approval of the Agency/Department Head, and to be taken only within that calendar year.  (BOS approved 10/10/23)

3. An employee appointed after the start of the calendar year shall receive paid leave of absence prorated at the rate of 4.67 hours for each month or any part of a month to be worked thereafter during the remainder of the calendar year. Paid leave shall be prorated for part time employees based upon the proportion of the normal 40 hour workweek for which the employee is regularly scheduled to work.

B.     Non-exempt M-designated employees. (BOS approved amendment 3/26/19)

1. Each non-exempt unrepresented management employee shall receive three days of paid leave of absence in each calendar year to be scheduled by the employee, subject to the approval of the department head, and to be taken only within that calendar year.

2. Additionally, each non-exempt M-designated employee represented by ACMEA in Representation Units R15, R44, R45, R48, R49, and R50; represented by ACMEA in Representation Unit 029 & 075; represented by the Professional Association of County Employees in Representation Units S06 and S25; and employees represented by the Civil Engineers Management Unit in Representation Unit 030 shall receive three days of paid management leave of absence in each calendar year to be selected by the employee, subject to the approval of the department head, and to be taken only within that calendar year.

3. An employee appointed after the start of the calendar year shall receive paid leave of absence prorated at the rate of 2.0 hours for each month or any part of a month to be worked thereafter during the remainder of the calendar year.  Paid leave shall be prorated for part time employees based upon the proportion of the normal 40 hour workweek for which the employee is regularly scheduled to work.

C.    Paid leave allowed pursuant to subsections A. and B. above shall be scheduled by mutual agreement of the employee and the agency/department head and taken within the calendar year in which it was granted. The Paid Leave allocation will appear in the leave balances on the first paycheck in the month of January of each year. Days that for any reason are not taken in the calendar year earned shall not thereafter be paid in any form.

SECTION 7-6. JOB-RELATED EXPENSES REIMBURSEMENT PLAN

(BOS approved deletion of Section 7-6 3/12/19)

SECTION 7-7. HEALTH AND DENTAL PLAN COVERAGE

Employees are eligible for the health and dental benefits specified in Article 3.64 of the Alameda County Administrative Code. (BOS approved 10/10/23)

SECTION 7-8. GROUP TERM LIFE INSURANCE

Employees shall be provided, at County expense, group term life insurance in the amount of $25,000, with said coverage being reduced by 35 percent at the age of 65 . This coverage is subject to the provisions, conditions, and limitations of the insurer’s contract with the County. (BOS approved amendment 10/15/19)

SECTION 7-9. CAFETERIA BENEFIT PLAN: PURPOSE

The purpose of the cafeteria benefit plan is to provide optional benefits for employees and an opportunity for capital preservation through salary reduction and the pre-tax purchase of benefits.

Effective January 1, 2013, Cafeteria Benefit Plan: Allocation of Benefits, for unrepresented non-management classes related to SEIU represented employees except for unrepresented related to SEIU Intermittent, Services as Needed (SAN), unrepresented related to management, unrepresented related to Physicians and Dentists, Services as Needed (SAN), unrepresented classes that don’t receive regularly scheduled adjustments and Temporary Assignment Pool (TAP) employees (BOS approved the exception 10/2/12) read as follows:

Prior to January of each year, and within the first 30 days of employment in the case of a new employee, the employee may allocate the plan amount towards eligible benefit accounts. Failure of the employee to allocate benefits within the stated time frame will result in all funds being allocated to the Health Care expense account. Except in the case of a termination and reinstatement or a change in dependent status, no change may be made in this allocation during the calendar year and any sums remaining unspent at the end of the year are County funds. (BOS approved 7/24/12)

 PPOA – (BOS approved 12/21/10 ) (BOS approved deletion 11/8/22)

UAPD – (BOS approved 3/13/12) (BOS approved deletion 10/10/23)

SECTION 7-10. CAFETERIA BENEFIT PLAN: AMOUNT OF ALLOCABLE MONEY

Effective January 1, 2001 each full time ACMEA represented employee assigned to Representation Unit R15, R44, R45, R48, R49, or R50 (General Government or Confidential Unit), is eligible for a cafeteria benefit plan in the amount of $1,350 for the calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE, or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the last two full pay periods, and any partial pay period prior to December 31 shall not be eligible for plan benefits until the following calendar year. The maximum sum available to an ACMEA represented employee (General Government or Confidential Unit) in the representation units enumerated earlier in this paragraph or to an unrepresented employee who reinstates shall not exceed $1,350 minus the sum of cafeteria plan benefits received by the employee during the portion of the calendar year preceding termination.  (BOS approved Unrepresented Management deletion 10/10/23)

Effective January 1, 2005, each full-time ACWFIA represented employee assigned to Representation Unit 064 is eligible for a cafeteria benefit plan in the amount of $1,500 for the calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE, or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the last two full pay periods, and any partial pay period prior to December 31 shall not be eligible for plan benefits until the following calendar year. The maximum sum available to an ACWFIA represented employee assigned to Representation 064 who reinstates shall not exceed $1,500 minus the sum of cafeteria plan benefits received by the employee during the portion of the calendar year preceding termination.

Effective January 1, 2003, each full-time ACMEA represented employee assigned to Representation Unit R15, R44, R48, R49 or R50 (General Government or Confidential),  is eligible for a cafeteria benefit plan in the amount of $1,500 for the calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the two last full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. The maximum sum available to an ACMEA represented employee assigned to Representation Unit R15, R44, R48, R49 or R50 (General Government or Confidential), or unrepresented employee who reinstates shall not exceed $1,500 minus the sum of cafeteria plan benefits received by the employee during the portion of the calendar year preceding termination.  (BOS approved Unrepresented Management deletion 10/10/23)

Effective  December 31, 2006 each ACMEA represented full time employee in Representation Units R15, R44, R45, R48, R49, R50 is eligible for a cafeteria benefit plan in the amount of $2,300 for the calendar year.  This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the two last full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. The maximum sum available to unrepresented employee who reinstates shall not exceed $2,300 minus the sum of cafeteria plan benefits received by the employee during the portion of the calendar year preceding termination.  (BOS approved Unrepresented Management and ACMEA Sheriff’s Non-Sworn deletion 10/10/23)

Effective January 1, 2008, each ACWFIA represented full time employee in Representation Unit 064 is eligible for a cafeteria benefit plan in the amount of $2,300 for the calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. An employee appointed to a position in a classification with a Job Code suffix EM, CA, PA, MA, SE, or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the two last full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. The maximum sum available to unrepresented employee who reinstates shall not exceed $2,300 minus the sum of cafeteria plan benefits received by the employee during the portion of the calendar.

Effective January 1, 2010, each ACMEA represented full time employee in Representation Units R15, R44, R45, R48, R49, R50, and Representation Units R53 and R61, is eligible for a cafeteria benefit plan in the amount of $2,600 for the calendar year and effective January 1, 2011 the amount shall be increased to $2,900 for the calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the two last full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. (BOS approved 5/12/09) (BOS approved 7/21/09)  (BOS approved  Unrepresented Management deletion 10/10/23)

Effective January 1, 2014, each ACMEA represented full-time employee in Representation Units R15, R44, R45, R48, R49, R50, R53 and R61, is eligible for a cafeteria benefit plan in the amount of $3,000 for the calendar year 2014 and 2015; and effective January 1, 2016 the amount shall be increased to $3100 per calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. 

An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE or M shall be entitled to a prorated amount based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the two last full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. The Plan will be revised to include Dependent Care Assistance and Adoption Assistance, effective January 1, 2014. (BOS approved 7/16/13) (BOS approved Unrepresented Management deletion 10/10/23)

Effective January 1, 2019, each ACMEA represented full-time employee in Representation Units R15, R44, R45, R48, R49, R50, R53 and R61, is eligible for a cafeteria benefit plan in the amount of $3,300 for the calendar year 2019, 2020 and 2021; and effective January 1, 2022, the amount shall be increased to $3,500 per calendar year. This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work.

(BOS approved 2/6/18) BOS approved 10/10/23)

Effective January 1, 2019, unrepresented M-designated full-time employees are eligible for a cafeteria benefit plan in the amount of three thousand three hundred dollars ($3,300); and effective January 1, 2022, the cafeteria benefit plan County Allowance amount shall be increased to three thousand five hundred dollars ($3,500). This amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. 

An employee appointed to a position in a classification with a Job Code suffix EM, SM, CA, PA, MA, SE or M shall be entitled to a prorated amount of the cafeteria plan benefit based upon the number of pay periods to be worked full-time during the remainder of the calendar year, except that employees appointed during the two last full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. Effective January 1, 2014, the Plan was amended to include Dependent Care Assistance and Adoption Assistance. (BOS approved 3/13/18) (BOS approved amendment 11/26/19)

Effective January 1, 2022, unrepresented non-management full time employees, except for unrepresented Services-as-Needed (SAN); Temporary Assignment Pool (TAP); and Intermittent; are eligible for a cafeteria benefit plan County Allowance in the amount of one thousand two hundred dollars ($1200) for the calendar year. This County Allowance amount shall be prorated in advance of the calendar year for employees regularly scheduled to work less than full-time based upon the hours which the employee has been regularly scheduled to work. Employees hired or become eligible after January 1st shall be entitled to a prorated County Allowance amount based upon the number of pay periods to be worked during the remainder of the calendar year, except that employees appointed during the last two (2) full pay periods, and any following partial pay period, prior to December 31 shall not be eligible for plan benefits until the following calendar year. The maximum County Allowance amount available to employees who reinstate in the same calendar year shall not exceed $1200 minus the cafeteria benefit plan County Allowance amount received by employees during that same calendar year. (BOS approved 6/18/19) (BOS approved amendment 10/1/19)

ACMEA Probation Managers Department, Unit 075 – (BOS approved 3/11/08) (BOS approved 11/30/10) (BOS approved deletion 10/10/23)

 ACMEA Sheriff’s Non-Sworn Unit – (BOS approved 6/29/10) (BOS approved deletion 10/10/23)

 ACMEA Sheriff’s Sworn Unit – (BOS approved 6/29/10)  (BOS approved 6/30/15) (BOS approved deletion 10/10/23)

 Alameda County Prosecutors’ Association – (BOS approved 1/12/21) (BOS approved deletion 3/22/22)

 IFPTE Local 21, ACCA – (BOS approved 6/29/10) (BOS approved deletion 10/10/23)

 IFPTE Local 21, CEMU – (BOS approved 7/22/08) (BOS approved 7/13/10) (BOS approved 9/24/13) (BOS approved deletion 10/10/23)

 IFPTE Local 21, PACE S-06 & S-25 – (BOS approved 1/10/12) (BOS approved 7/12/16) (BOS approved deletion 7/26/22)

 IFPTE Local 21, Public Defender – (BOS approved 6/29/10) (BOS approved deletion 10/10/23)

 PPOA – (BOS approved 12/21/10) (BOS approved deletion 11/8/22)

 UAPD – (BOS approved 3/13/12) (BOS approved 3/8/16) (BOS approved 12/4/18) (BOS approved deletion 10/10/23)

 Unrepresented Management – (BOS approved 7/21/09) (BOS approved 7/16/13) (BOS approved deletion 10/10/23)

 Unrepresented Non-Management – (BOS approved 10/2/12) (BOS approved 7/24/12) (BOS approved 9/13/16) (BOS approved 12/6/16) (BOS approved 5/21/19) (BOS approved deletion 10/10/23)

 

SECTION 7-11. CAFETERIA BENEFIT PLAN: CONTRIBUTION OF SALARY

An employee may, through payroll deduction, contribute up to $10,000 per year to his/her cafeteria benefit plan in order to pay for plan benefits with pre-tax salary. These benefits are those specified in Section 7-12 hereof and, to the extent permitted by Internal Revenue Service regulations, dependent care. In making payments from plan benefit accounts, it shall be deemed that such payments were first made from the allocation designated by the employee from the County contribution to the plan, except that payments from the plan for dependent care may be made only from employee contributions of salary.

An employee represented by the Union of American Physicians and Dentists (UAPD) in Representation Units 018 and 024, may through payroll deduction, contribute to his/her cafeteria benefit plan in order to pay for plan benefits with pre-tax salary. The maximum employee contribution for the 2015 plan calendar year and forward shall be $2,500 as established by Federal Law.  (BOS approved 3/8/16)

In addition, subject to the applicable provisions of the Internal Revenue Code, employees covered by this Memorandum of Understanding are eligible to contribute from their salary on a pre-tax basis an amount up to $5,000 each calendar year for approved dependent care. Eligible employees may only contribute salary for such expenses: there is no County contribution for dependent care.  Reimbursements are made solely on a monthly basis subject to submission of itemized statements, proof of payment, adequate accumulation of salary contributions and all applicable County Administrative procedures. (BOS approved reference to UAPD 3/13/12)

Effective January 1, 2013, each eligible unrepresented non-management related to SEIU employee, except for unrepresented related to SEIU Intermittent, Services-as-needed (SAN), unrepresented related to management, unrepresented related to Physician and Dentist Services-As-Needed (SAN), unrepresented classes that don’t receive regularly scheduled adjustments and Temporary Assignment Pool (TAP) employees (BOS approved exception 10/2/12), may through payroll deduction, contribute to his/her cafeteria benefit plan in order to pay for plan benefits with pre-tax salary. The maximum employee contribution shall be $2,500 and indexed in subsequent years pursuant to the Patient Protection and Affordable Care Act, and IRS regulations.

PPOA –  (BOS approved 12/21/10) (BOS approved deletion 11/8/22)

SECTION 7-12. CAFETERIA BENEFIT PLAN: ALLOCATION OF BENEFITS

Prior to January 1 of each year, and within the first 30 days of employment in the case of a new employee, the employee may allocate the plan amount among the following benefit accounts. Failure of the employee to allocate benefits within the stated time frame will result in all funds being allocated to the Health Care expense account. Except in the case of a termination and reinstatement or a change in dependent status, no change may be made in this allocation during the calendar year and any sums remaining unspent at the end of the year, including salary contributions made pursuant to Section 7-11, are County funds.

  1. Supplemental Group Life Insurance and Group Accidental Death and Dismemberment Insurance Plan Account. Payments may be made for supplemental group life insurance and/or group accidental death and dismemberment insurance on the employee, the employee’s spouse, and dependent children. These programs are subject to premium costs, eligibility requirements, age limitations, coverage exclusions, conversion rights, and all other provisions set forth in the applicable insurer contracts.
  2. Health Care Expenses Account. Payments may be made for qualifying medical care expenses within the meaning of Code Section 213(d) of the Internal Revenue Code (i.e., out-of-pocket medically necessary, medical, dental and vision care expenses, including deductibles, co-insurance payments, services and over-the-counter drugs (OTC)), provided that such expenses incurred during a period of coverage and paid for by the employee and eligible family members and are not reimbursed or paid under the employee’s medical and dental plans or any other applicable personal or group health and dental plan. Payments may also be made for the portion of the premium for the County-sponsored health plan not covered by the County contribution.

SECTION 7-13. PAID LEAVE FOR STATE-MANDATED TRAINING

Employees under Job Codes 5320SM, 5325MA, 5341PA and 5457PA, shall be granted up to fifteen hours per calendar year paid leave for state-mandated training required to maintain their licenses or certifications provided that the County may substitute on an hour for hour basis accredited mandated training offered by the County on an in-service basis.

SECTION 7-14. ADDITIONAL VACATION PURCHASE

Full-time employees may elect to purchase one or two additional weeks of vacation over and above their regular entitlement. The additional week(s) may be purchased in the following manner: on or before the biweekly pay period nearest October 1 of any year, an eligible employee shall submit a written request to the Agency/Department Head, stating his/her desire to purchase one or two extra weeks of vacation. Such vacation must be purchased in increments of one or two weeks.

Effective with the pay period containing January 1, 2003, and annually thereafter, the employees’ vacation balance will be updated with the additional amount of vacation purchased, and they may then use the vacation time purchased. The County shall then make deductions from the pay of such employee in the amount of the value of one or two weeks of salary in 24 equal installments. In the event an employee uses their purchased vacation time, and leaves the employment of the County prior to paying for the additional vacation, the County will recover the cost from the employee.

  1. For purposes of cash payment of vacation leave, vacation purchased pursuant to this section shall be combined with vacation accrued. Said combined vacation balance shall be subject to the cash payment in lieu of vacation leave as set forth in the Administrative Code.
  2. Employees may not elect to purchase one additional week of vacation if their purchased vacation balance in October exceeds five days.
  3. Effective Plan Year 2010, and every year thereafter, unrepresented management eligible employees who elect to participate in the Vacation Purchase Program shall be charged for salary and shall be charged for all benefit costs and shall not accrue vacation, sick leave, retirement or seniority when using vacation purchase. (BOS approved 11/10/09)
  4. Effective Calendar Year 2013 and every year thereafter, only those full-time unrepresented management employees who have completed less than 104 full-time biweekly pay periods (4 years) of continuous employment and who are accruing vacation at the two week per year rate may elect to purchase one additional week of vacation over and above their regular entitlement during Open Enrollment.  Part-time and intermittent employees may not purchase vacation. (BOS approved 6/5/12)(BOS approved amendment 7/30/13)
    1. On the first pay period of the calendar year, the participating employees’ vacation balance will be adjusted to reflect the additional amount of vacation purchased.  Employees may use the vacation time purchased, scheduled by mutual agreement, between the employee and the Agency/Department Head.  Employees pay for the vacation time purchased in equal installments during the calendar year.
    2. To be eligible to purchase vacation for the upcoming plan year an employee must have completed payment for any previous vacation purchased by the end of the current plan year.  The County reserves the right to revoke vacation purchase elections made during Open Enrollment if the previous year vacation purchase payments are not complete.
    3. To be eligible to purchase one week of vacation, an employee must have no unused purchased vacation as of the third pay period prior to the start of Open Enrollment.
    4. In the event that an employee uses purchased vacation and leaves County service prior to paying for it, the employee agrees as a condition of participation that the County has the right to recover the unpaid cost for any used and unpaid vacation from the employee, deducting any sum owed to the County from the employee’s final pay warrant.
    5. In the event there is insufficient pay to deduct from the employee’s final pay warrant, the amount is still due and payable to the County; the employee must repay the County.  Any failure to repay the County upon termination will result in collection proceedings.
    6. In the event that an employee is unable to cover the cost of purchased vacation in any pay period(s) due to insufficient pay, the County reserves the right to adjust the amount of the deductions from future warrants to cover the cost of the purchased vacation.
    7. In the event that a participating employee moves between a 40-hour per week position and a 37.5-hour per week position, s/he shall carry over his/her purchased vacation balance in the same number of days and fractions of days.
    8. In the event that an employee changes status from eligible to purchase vacation to a non-eligible status:
      1. The County shall cease deduction and no additional days will be allowed for purchase.
      2. The County shall reduce the purchased vacation balance by the amount which the employee has not yet paid.
      3. The employee shall be allowed to retain and use the time purchased as of the date of the change from eligibility to ineligibility through the final pay period of the calendar year of the date of ineligibility.
      4. For purchased vacation remaining and unused through the final pay period of the calendar year, as set forth in section h.iii. above, the employee shall be paid at the pay rate at the time of enrollment, for the purchased vacation time not taken as of the 1st pay period of the following year.
      5. If the employee has used the purchased vacation time prior to completing payment for such vacation, the County will recover the cost of that vacation not yet paid for from the employee by pay warrant deduction.
    9. In the event that an employee experiences a pay rate change during the plan year, the total annual cost will remain the same as at the time of enrollment.

SECTION 7-15. MEDICAL COVERAGE FOR LAID OFF EMPLOYEES

Employees laid off will be entitled to one additional month of County-paid health coverage equal to the health care coverage the month prior to layoff provided the employee is not covered by health coverage from any other source.

SECTION 7-16. FLOATING HOLIDAY

(BOS approved deletion 10/9/18)

SECTION 7-17. PROFESSIONAL INCENTIVE POOL

Effective on the dates indicated below, eligible employees may submit a request for an educational plan, on the appropriate request form provided by the Auditor-Controller’s Office, for reimbursement under the Professional Incentive Pool to the respective Agency/Department Head. Requests submitted within the Fiscal Year will be allotted towards the maximum amount per employee, for that Fiscal Year, as well as the total maximum County liability, for that Fiscal Year. Claims for eligible expenses incurred in the prior fiscal year must be submitted to the Auditor’s Office for receipt no later than August 1st. After August 1st of each Fiscal Year, the Professional Incentive Pool for the prior Fiscal Year will be closed and claims will no longer be accepted.

A. Effective Fiscal Year 2018/2019, for employees represented by the Alameda County Management Employees Association (ACMEA) General Government and Confidential Units (R15, R44, R45, R48, R49, R50, R53 and R61), upon the approval of the Agency/Department Head of any plan submitted by an employee to engage in job-related educational courses which shall maintain or upgrade the employee’s skills on the job, or prepare the employee for promotional opportunities, the County shall pay up to $700 per employee per fiscal year upon submission of evidence of successful completion of the course.  More than one educational plan may be approved in any fiscal year, but in no event shall the stipend exceed $700 per employee, per fiscal year.  The maximum County liability under this section shall not exceed $75,000 in any fiscal year; except as herein provided.  The Parties agree that the remaining pool shall not roll over year to year. Employees shall receive such stipends on a first come-first served basis each fiscal year.

B. Effective Fiscal Year 2018/2019, for Unrepresented Management employees in units U15, U44, U45, U49, U50, U53, U61, U65, 043, 046, 051, 066 and 071, upon the approval of the Agency/Department Head of any plan submitted by an employee to engage in job-related educational courses which shall maintain or upgrade the employee’s skills on the job, or prepare the employee for promotional opportunities, the County shall pay up to $700 per employee per fiscal year upon submission of evidence of successful completion of the course.  More than one educational plan may be approved in any fiscal year, but in no event shall the stipend exceed $700 per employee, per fiscal year.  The maximum County liability under this section shall not exceed $75,000 in any fiscal year; except as herein provided.  The remaining pool shall not roll over year to year. Employees shall receive such stipends on a first come-first served basis each fiscal year. (BOS approved 6/19/18)

SECTION 7-18. ADMINISTRATION

(BOS approved 6/19/18) (BOS approved deletion 3/10/20)

SECTION 7-19. JUDICIAL BENEFITS

A. Job-Related Expenses Reimbursement Plan

Effective January 1, 2008, Alameda County Judicial Officers who are employed and on a paid status during the first pay period of the calendar year shall be reimbursed, at Court expense, for job-related expenses as stated below, up to $800 for the calendar year, based on $30.77 for each biweekly pay period worked, if they were on full-time status during the qualifying pay period, and a prorated amount if on less than full-time status during that pay period.  Alameda County Judicial Officers who take office after the first pay period of any calendar year shall not be entitled to this benefit for the calendar year.

Reimbursement may be made for all actual and necessary expenses for job-related (1) training and conferences; (2) technical, managerial, or professional publications; (3) tools and technology; and (4) membership dues in professional organizations deemed by the Court Executive Officer to be in the interest of the County/Court, and in civic, fraternal, service and cultural organizations, membership in which is deemed by the Court Executive Officer to be of significant importance to the County/Court in terms of its goals and objectives, provided that payment of membership dues in an organization is authorized hereunder only if a majority of the members thereof are not current or former County/Court employees, except in the case where reimbursement of dues in such organizations was approved by the Court Executive Officer and in effect prior to July 1, 1981; (5) job required licenses, certification, or Federal, State, or Board registration expenses provided that they are approved by the Court Executive Officer and are not currently being reimbursed by the County/Court or State funding source.  Fees for all licenses issued by the Department of Motor Vehicles are not reimbursable.

Claims for reimbursement hereunder shall be submitted to the Court Executive Officer who shall, following the last payday in December of any year, certify to the Auditor-Controller the amount of the reimbursement for each eligible employee during the specified reimbursement period which are deemed by the Court Executive Officer to be job-related and approved for reimbursement, and the sums so certified shall thereafter be paid.  Pursuant to IRS regulations, reimbursements are subject to all applicable taxes.

B. Group Term Life Insurance

Effective January 1, 1988, Alameda County Judicial Officers shall be provided, at County expense, group term life insurance in the amount of $25,000, with said coverage being reduced by thirty-five percent (35%) at the age of sixty-five (65).  This coverage is subject to the provisions, conditions, and limitations of the insurer’s contract with the County.

C. Cafeteria Benefit Plan

Alameda County Judicial Officers are eligible to participate in the County-administered Cafeteria Benefit Plan, authorized under Section 125 of the Internal Revenue Service (IRS) Code (as outlined in Section 7-9).   During the annual Open Enrollment for each new plan year, or within the first 30 days of becoming eligible, the County Allowance (as outlined in Section 7-19.D) will be allocated towards eligible plans of the County’s Cafeteria Benefit Plan as follows, if elected:

  • Supplemental Employee Group Life Insurance and Group Accidental Death and Dismemberment Insurance

Remaining County Allowance funds and pre-tax salary contributions may be allocated towards eligible Flexible Spending Accounts as follows:

  • Health Care
  • Dependent Care

The cost, maximum contributions, limitations, exclusions, and other provisions for these benefits are outlined in the County’s Employee Benefits Handbook or in the applicable insurer contracts.

Alameda County Judicial Officers shall continue to participate in the Cafeteria Benefit Plan, subject to any amendments/changes that may occur at the sole discretion of the Board of Supervisors.

D. County Allowance

To help offset eligible Alameda County Judicial Officers’ costs toward the Cafeteria Benefit Plan (as outlined in subsection 7-19.C. (Cafeteria Benefit Plan) above), the County administers, at Court expense, a County Allowance amount of up to $1500 each calendar year effective January 1, 2008, payable on a semi-monthly basis, if they are appointed to full-time status, and a prorated amount if on less than full-time status.  Alameda County Judicial Officers who take office during the last two (2) full pay periods and any following partial pay period prior to December 31, shall not be eligible for plan benefits until the following calendar year.

Failure by the Judicial Officers to allocate their County Allowance to the eligible benefits noted in Section 7-19.C within the stated timeframe will result in having the unallocated funds be paid out in the form of an after-tax earnings on a semi-monthly basis, up to a total of fifteen hundred dollars ($1,500), subject to IRS regulations on Health Care Flexible Spending Accounts.  Any remaining unspent funds in any of the Flexible Spending Accounts at the end of the year or grace period, including salary contributions made towards the Cafeteria Benefit Plan, are County funds.

(BOS approved 3/10/20) (BOS approved amendment 3/31/20)

SECTION 7-20. RETIREMENT

Eligible employees become members of the Alameda County Employee Retirement Association (“ACERA”).

The County of Alameda (“County”) contribution, or employer paid member contribution (“EPMC”), set forth in item #1 (“Classic” Members) shall be for eligible unrepresented management employees in Representation Units U15, U44, U45, U49, U50, U65, 046, 051, 066, and 068 who are full-time employees on full-time paid status. If the employee is on paid status less than full-time, the County contribution shall be prorated each pay period based upon pensionable earnings within that biweekly pay period to the normal full-time biweekly pay period for the job classification.

1. “Classic” Members: Effective December 22, 2002, for employees who are “classic” members of ACERA, the County shall contribute toward the employee contribution to ACERA in an amount equal to three percent (3%) of the employee’s

Effective December 22, 2002, for employees who are 30-year members of ACERA and no longer make contributions to ACERA because they are 30-year members, the County shall pay an amount equal to three percent (3%) of the employee’s salary to a 401(A) Plan.

2. “New” Members: Employees who are Tier 4 members of ACERA are excluded from the provision of item #1 (“Classic” Members), above.

3.  EPMC Amendment: Effective May 12, 2024, for employees (except for employees in Job Codes 0053 and 0055) completing twenty (20) or more years of continuous service (equivalent to or at least 41,600 or 39,000 total service hours for 80-hour or 75-hour classifications, respectively), the County’s EPMC or contribution to the 401(A) Plan as provided in item #1 (Tier 2A “Classic” Members) shall be reduced from three percent (3%) to two percent (2%).

The contributions set forth in this provision by the County to ACERA are being paid in lieu of wages and shall be reported as normal contributions and credited to member accounts. Employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the County to ACERA or the 401(A) Plan. The contribution shall remain the property of the County and shall not become part of the accumulated contributions of the member nor create vested rights for any member. The County’s Auditor-Controller’s Office shall pay to ACERA the retirement contribution from the same source of funds as used for salary compensation. (BOS approved 4/30/24) (BOS approved 5/14/24)

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