Chapter 4.01
PERSONNEL POLICY
(Added by Ord. No. 159639 passed
May 7, effective July 1, 1987.)
Sections:
4.01.010 Policy Statement.
4.01.020 Scope of Policy.
4.01.030 Administrative Policies.
4.01.040 Authority of Personnel Director.
4.01.050 Duties of Personnel Director.
4.01.010 Policy Statement.
To ensure the provision of high quality services which are responsive to the needs of the community, it is the policy of the City Council to provide a fair and equal opportunity for public service to all interested citizens. It is also the policy of the City Council to provide for conditions of service which will attract, develop and retain officers and employees whose integrity, skills and abilities will promote excellence in the organization. To accomplish these policy objectives requires that the City Council authorize and direct the adoption of a uniform system of personnel administration.
4.01.020 Scope of Policy.
The provisions of this Chapter and of Chapter 3.18 hereby incorporated by reference, shall pertain to all employees in the classified service, provided that in the event of a conflict between a provision of this Chapter or a rule adopted hereunder and the provisions of any collective bargaining agreement, the collective bargaining agreement shall prevail. The Personnel Director shall promulgate rules to carry out the provisions of this Chapter.
4.01.030 Administrative Policies.
(Amended by Ordinance Nos. 162677, 172881 and 173145, effective March 3, 1999.) The Rules promulgated under this Chapter by the Personnel Director shall ensure the operation of the Personnel system in accordance with the following administrative policies:
A. Recruitment and selection:
1. Recruitment, selection, reinstatement, and advancement procedures will be job-related and based upon the relative ability, knowledge and skills required for the job.
2. The Commissioner In Charge may utilize the following incentives in recruiting candidates for employment in key non-represented management, professional and technical positions:
a. Payment of travel expenses for job candidates.
b. Relocation expenses for new employees who incur relocation costs following their permanent appointment. The Personnel Director shall adopt rules for employee responsibility for pro-rata repayment of such expenses if employment with the City is terminated within 1 year of hire.
c. Additional vacation leave beyond that provided for in Section 4.16.020 of City Code.
3. The Personnel Director shall adopt rules for the implementation of a recruitment and relocation incentives program and repayment system pursuant to the Personnel Rules.
4. Selection procedures which are used as a basis for any employment decision must be validated, modified or changed in accordance with the Uniform Guideline on Employee Selection Procedures or otherwise demonstrated to be in accord with applicable federal and state laws.
B. Compensation: The compensation plan shall be based upon a consistent method of evaluation which takes into account the following factors:
1. The classification’s role and responsibility within the organization;
2. Internal salary equity;
3. Labor market considerations;
4. Complexity or difficulty of the work;
5. Other pertinent factors as determined by Council. During the regular budgetary process, compensation ranges for all nonrepresented classifications shall be set for the upcoming fiscal year. The City recognizes the legitimate role of collective bargaining in determining compensation for represented employees.
C. Classification:
1. The classification plan will be based on an analysis of job-related factors, and shall be utilized for decision making on compensation, selection, employee development, career advancement, upward mobility and other personnel program activities. The classification plan shall be periodically reviewed and updated, and the proliferation of “single person classifications” shall be avoided.
2. Classification actions which require an additional appropriation of funds and/or which represent a programmatic change in the work function of the unit shall require the specific approval of Council. Responsibility for all other classification actions, including routine revision of classification specifications, shall be deemed to be approved by Council and shall take effect according to the rules promulgated by the Director under this Chapter.
D. Employee development: Employees will be trained to the extent practicable as needed to facilitate high-quality performance. In addition to providing training intended to improve performance, training should be developed as needed to prepare employees for more responsible assignments and to implement affirmative action plans for equal employment opportunity. Training programs should include systematic methods for assessing training needs, providing training to meet priority needs, selecting personnel for training, and evaluating the training provided.
E. Employee rights: Employees who have acquired permanent status shall not be subject to separation except for cause, or such reasons as curtailment of work or lack of funds. Rules shall be established to provide for the periodic and systematic evaluation of job-related work performance in relation to organizational standards. Rules will provide for the transfer, demotion or separation of employees whose performance continues to be inadequate after reasonable efforts have failed to correct such performance. Appeals rights concerning disciplinary actions are as provided under applicable law or collective bargaining agreement.
F. Disciplinary action: Any employee within the classified service is subject to disciplinary action for cause. Such discipline may include but is not limited to an oral reprimand, written reprimand, demotion, reduction in pay, suspension or discharge.
Serious offenses such as stealing, workplace violence, refusal to obey a legitimate order or conviction of a bias crime or other causes in which the employee's performance or behavior will not be improved through corrective measures will justify discharge without the necessity of prior warnings or attempts at corrective discipline.
G. Prohibited Activities: Cause for disciplinary action shall include but not be limited to the following:
1. Insubordination, inefficiency, incompetence, inadequate performance or nonperformance of assigned duties.
2. Neglect of duty or negligence in performance of duty causing a substantial risk of personal injury or damage to property.
3. The use of intoxicants, or illegal use or possession of controlled substances on the job, or reporting for work under the influence of intoxicants, or the use of drugs which create a substantial risk of injury to self or others or which impair work performance.
4. Habitual or excessive absence or tardiness, or abuse of sick leave privileges.
5. Absence from duty without authorization or failure to notify ones supervisor when unable to report to work on time.
6. Conviction of a felony, or conviction of any crime where the conviction would impair effectiveness as a City employee or bring discredit or reproach upon the City or bureau involved.
7. Violation of safety rules or policies.
8. Violation of the provisions of federal or state law, or of the City Charter, ordinances or any City rules or regulations including bureau-specific policies.
9. Discourteous treatment of the public or other employees, offensive conduct or conduct unbecoming a City employee.
10. Willful disobedience or failure to follow a lawful supervisory directive.
11. Inappropriate or personal use of City resources, including, but not limited to tools and equipment, materials and supplies, vehicles, facilities and grounds, work time and personnel on pay status.
12. Dishonesty.
13. Fraud in securing employment.
14. Physical violence, including engaging in acts of bodily harm or attempting to inflict bodily harm, physical intimidation or verbal threats of violence.
H. Outside employment:
1. City employees shall not engage in outside employment which is incompatible or in conflict with or reflects discredit on City service.
2. City bureaus shall develop a written policy on outside employment activities, which take into account specific bureau requirements, and include as appropriate the following general principles. Outside employment shall not:
a. Involve use of City time, facilities, equipment and supplies, or the influence of the employee’s position with the City; or
b. Involve actions which may later be directly or indirectly subject to the control, inspection, review or audit by the City; or
c. Involve receipt of money or other consideration for duties performed while in the employ of the City; or
d. Involve competing with the City in providing a service or product;
e. Involve such time demands as would render performance of the employee’s duties less efficient or take precedence over extra duty required by City employment.
3. Details of outside employment shall be reported to the employee’s hiring manager.
I. Nepotism prohibited:
1. It shall be a violation of this Chapter for an employee or official responsible for personnel decisions to show favoritism in such decisions toward an applicant or employee because the applicant or employee is a member of the official’s family. This Subsection shall apply in the case of any family relatedness, of whatever kind or degree.
2. It shall be a violation of this Chapter for an employee or official to do either of the following:
a. Hold a position which requires or which enables the employee or official to directly supervise a family member, or evaluate the work performance of a family member, or evaluate the application for employment of a family member, or adjust an employment relations grievance or complaint of a family member; or
b. Take any action with respect to an individual, which because of a family relationship, would violate a federal or state law or rule, or would violate conditions of eligibility for financial assistance from federal or state government.
3. For purposes of Subsection 2 a and b, “family member” shall mean the employee’s wife, husband, son, daughter, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild as provided in ORS 659.340(3)(b).
4. In the event a violation of Subsection 2 of this Section results from the existence of a family relationship before and at the time of the enactment of this Chapter, the bureau involved shall take corrective action as soon as practicable through transfers or reorganization or other personnel actions.
4.01.040 Authority of Personnel Director.
A. The Personnel Director shall formulate, administer and monitor those personnel policies and programs which have Citywide application, including labor contract negotiations and administration, employee benefits and compensation plans. In addition, the Personnel Director shall coordinate and monitor personnel programs in City bureaus which have an impact on the City’s overall personnel administration, such as equal employment opportunity, affirmative action and training. The Personnel Director shall establish objectives for the Bureau of Personnel Services in terms which are measurable and conducive to reliable evaluation, and develop a plan for accomplishing these objectives and carrying out the directions of the Personnel Bureau.
B. In accordance with Chapter 3.18 of the Code, the Personnel Director is authorized to settle disputes arising from employment relations grievances.
C. In accordance with Oregon law and administrative rule, the Personnel Director or his designee, on behalf of the Council, may enter into agreements with labor organizations, recognizing their exclusive representation of specified classifications within City service.
D. The Personnel Director may delegate to a bureau head, pursuant to a written delegation agreement, certain operational functions in the administration of routine personnel actions, such as examination or classification. The Personnel Director shall establish rules to carry out this Section. The Director shall maintain responsibility for such operational functions, and shall therefore review, monitor, and reserve the right to suspend delegation of operational functions when it is determined by the Director to be in the best interests of the City’s personnel administration program.
E. The Personnel Director shall establish such advisory committees as necessary to ensure the development of a comprehensive human resources system which is responsive to the needs of City Council, City managers and employees.
4.01.050 Duties of Personnel Director.
A. The Director shall direct and supervise all administrative and technical activities of the Bureau of Personnel Services;
B. The Director shall develop and adopt regulations for the personnel system and classified service, which must be approved by the Council. The regulations must include provisions for:
1. Recruitment, examination, certification and appointment on the basis of applicants’ relative ability, knowledge, and skills, including open competition and consideration of qualified applicants for initial appointment to entry-level positions;
2. Preparation, maintenance and revision as necessary of the classification plan for all classified positions. The Director shall provide for adequate notice of all classification actions, establish a procedure for input and an appeals process, and shall undertake periodic review of the classification plan;
3. Preparation and maintenance of an equitable and adequate pay plan and ranges, for each class, grade or group of positions in the classified service;
4. Development of a “management service plan” which must be approved by Council, which recognizes the role and responsibility of City managers, and provides standards for their recruitment, retention and motivation, including provision of tailored compensation and benefits programs;
5. Progression through the pay rate ranges based on merit and fitness;
6. Providing training where practicable as needed to promote high quality work performance;
7. Establishment of guidelines for development and periodic review of work performance standards for each class of positions;
8. Prescribing the extent to which performance evaluation ratings must be considered in transfers, demotions, promotions, dismissals, salary increases and decreases, and all other decisions relating to employees’ status;
9. Provision for disciplinary guidelines for nonrepresented and supervisory personnel which follow the principles of progressive discipline, and take into account the gravity of the offense in determining the appropriate level of discipline;
10. Appeals to the Civil Service Board from decisions made by the Director, pursuant to Section 4-106 of the Charter;
11. Provision for fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, religion, sex, national origin, political affiliation, marital status, sexual orientation, age, handicap, or other nonmerit-based factors and with proper regard for their privacy and constitutional rights as citizens;
12. Notice to employees of their employment rights and prohibited practices;
13. Establishment and maintenance of a centralized personnel records system pursuant to federal and state laws and regulations.
a. Inclusion in the employee’s personnel record at a minimum:
(1) Employee’s name;
(2) Position title;
(3) Salary;
(4) Changes in employment status;
(5) Other pertinent records as provided in the rules pursuant to this Chapter.
Chapter 4.02
DEFINITIONS
(Added by Ord. No. 159639, passed
May 7, effective July 1, 1987.)
Sections:
4.02.010 Definitions
4.02.010 Definitions.
(Amended by Ord. No. 165383, Apr. 29, 1992.) As used in this Title and the Rules promulgated thereunder, except as the context requires otherwise, the following definitions apply:
A. Affirmative action: A set of specific, result-oriented procedures designed to identify attainable and measurable efforts for significantly increasing the utilization of minorities and females in all levels and classifications of employment in the work force. Also, a planned, coherent management program designed to effect changes to improve equal employment opportunities and to correct effects of past discrimination or to prevent discrimination. The City of Portland’s Affirmative Action Plan outlines the City’s policies and programs relating to affirmative action and should be consulted where any questions relating to affirmative action arise.
B. Applicant: A person who has filed a timely application for a position.
C. Appeal: A request for hearing which meets the requirements of this Chapter and is filed with the Personnel Director.
D. Appointing authority: The official or group of officials having authority to make appointment to positions in the City service.
E. Appointment: The designation by proper authority of a person to become an employee in a position.
F. Bargaining unit: The unit designated to be appropriate as provided under the Public Employee Collective Bargaining Act for the purpose of collective bargaining.
G. Board: The Civil Service Board of the City of Portland, Oregon.
H. Bureau: An administrative unit of City government.
I. Candidate: A person whose application has been accepted for an examination.
J. Charter: The City Charter of Portland, Oregon as amended.
K. City: The City of Portland, Oregon.
L. Class or classification: A position or group of positions in the City classified service sufficiently similar in duties, responsibilities and authority to permit the same descriptive title, calling for similar qualifications and the same schedule of compensation.
M. Class series: Two or more classes with duties substantially similar in kind but differing in level of difficulty, responsibility and supervision.
N. Class specification: The written description of a class containing the class number and title, statement of duties, functions, authority and responsibility, knowledge, skills and other qualifications required for appointment.
O. Class title: The descriptive designation given to a class.
P. Classification plan: All the classes established under the provisions of the Charter and this Chapter.
Q. Classified service: All City positions which are not specifically exempted under the Charter.
R. Council: The Mayor and Commissioners of the City.
S. Day: One Calendar day.
T. Demotion: The change in status of an employee from a position in a higher class to a position in a class for which the maximum rate of pay is lower.
1. Involuntary demotion - the disciplinary demotion of an employee for cause.
2. Voluntary demotion - the demotion of an employee in order to retain employment upon imminent layoff, or for other nondisciplinary reasons.
U. Department: All the bureaus and offices under the administration of one elected official. This shall also include the division under the administration of the independent boards and commissions.
V. Director: The Director of the Bureau of Personnel Services, to whom is delegated certain powers and duties under this Chapter.
W. Discrimination complaint: A complaint that a personnel action was motivated by prohibited discrimination.
X. Dismissal: The removal or discharge of an employee from City employment.
Y. Eligible: A person who has qualified through examination or other procedures as defined in the Rules to be certified for employment.
Z. Eligible register: A list of persons who have been found eligible for employment in a particular class.
AA. Equal employment opportunity: A directive that the hiring of persons into classified service shall be based solely on job related standards regardless of race, color, religion, age, sex, national origin, handicap, sexual orientation, marital status or political affiliation.
BB. Examination: The overall process of testing, evaluating or investigating the fitness and qualifications of applicants. Examinations are of three categories:
1. Open Examination - An examination open to application by qualified employees and the general public.
2. Promotional Examination - An examination open to application by qualified employees in the classified service.
3. Noncompetitive Examination - An alternate selection process developed in accordance with Section 4-301(5) of the Charter.
CC. Exclusive representative: The labor organization which, as a result of certification by the Employment Relations Board or recognition by the City, has the right to be the collective bargaining agent of all employees in an appropriate bargaining unit.
DD. Full-time position: A position normally requiring the full services of an employee for at least nine-tenths of the normal working hours of a biweekly payroll period, or other work period established pursuant to FLSA, on a continuing basis.
EE. Job category: One of the eight Federal Job Categories into which City classifications are grouped. Affirmative action goals are set in these categories:
1. Officials and Administrators
2. Paraprofessionals
3. Professionals
4. Office and Clerical
5. Technicians
6. Skilled Craft Workers
7. Protective Service Workers
8. Service/Maintenance;
FF. Hiring manager: A City manager to whom authority has been delegated to make appointments in the classified service.
GG. Job share: A full-time position designated by the appointing authority which is or may be shared by two employees.
HH. Lay off: Separation without prejudice of a permanent employee from the classified service because of a lack of funds, curtailment of work, or other involuntary reasons.
II. Layoff register: A list of persons who have been laid off in a particular classification who are entitled to have their names certified for appointment to a position in that class.
JJ. Month: One calendar month.
KK. Nepotism: Favoritism by an appointing authority or manager shown toward a subordinate employee or applicant because of a family relationship between two individuals.
LL. Part-time position: A position requiring the full services of an employee for at least half but less than nine-tenths of the normal working hours of a biweekly payroll period, or other work period as established pursuant to FLSA, on a continuing basis.
MM. Permanent employee: An employee who has satisfactorily completed probation and is employed in either a full-time or part-time position.
NN. Personnel action: Any action taken on behalf of the City with reference to an employee, an applicant for the classified service or a classified position.
OO. Personnel rules: The rules promulgated by the Director in order to implement and maintain the provisions of this Chapter.
PP. Position: A group of current duties and responsibilities assigned by an appointing authority, requiring the services of one person on either a full-time or part-time basis.
QQ. Probation: A working trial period for a stated term during which the employee is evaluated for fitness in the actual performance of the duties of the position.
RR. Prohibited discrimination: Discrimination prohibited under any federal, state, City of Portland ordinance or as described in the City’s Affirmative Action Plan based upon race, color, national origin, sex, religion, age, marital status, or handicap of an individual or class of individuals; family relationship, or handicap of any other person or class of persons with whom an individual associates; or discrimination because an individual has opposed prohibited (unlawful) discrimination, filed a discrimination complaint, testified, assisted or participated in any manner in any proceeding regarding prohibited (unlawful) discrimination or has attempted to do so.
SS. Promotion: A change in status of an employee from a position in a lower class to a position in a class for which the maximum rate of pay is higher.
TT. Recall: The reemployment of a former employee who was laid off due to lack of funds, curtailment of work or other involuntary reasons.
UU. Reclassification: The assignment of an existing position from one class to another class, based upon significant changes in the kind, difficulty and/or responsibility of duties.
VV. Reinstatement: The reappointment of a former City employee, who has voluntarily separated from City service, to a previously held classification.
WW. Resignation: The voluntary action of an employee which separates the employee from the City service.
XX. Separation: Termination of employment for any reason. Reasons for termination include discharge, layoff, resignation, retirement and death.
YY. Status: The standing of an employee with respect to right and tenure. The types of status are:
1. Permanent - An employee who has been retained in a position after satisfactory completion of probation as provided in the Rules.
2. Probationary - An employee who has been certified and appointed but who has not yet completed probation provided herein.
ZZ. Suspension: An involuntary absence with or without pay imposed by an appointing authority for disciplinary purposes or during the investigation of a disciplinary matter.
AAA. Temporary employee: An employee who possesses the minimum qualifications established for the class and who has been temporarily appointed to fill a position for which no eligibles are currently available.
BBB. Transfer: Reassignment of an employee in one position to another within the same classification.
CCC. Unclassified positions: Those positions which are exempt from classified service as designated in the Charter.
DDD. Underutilization: Having fewer minorities or women in a particular job category than would reasonably be expected given their presence in the relevant labor force.
EEE. Vacancies: A budgeted position which has been declared by the appointing authority to be vacant and authorized to be filled.
FFF. Veteran’s preference points: For purposes of veteran’s preference points, a veteran is as designated in ORS 408.225.
Chapter 4.04
APPOINTMENT AND TRANSFER
OF EMPLOYEES*
Sections:
4.04.010 Council to Create and Abolish Positions.
4.04.020 Mayor to Appoint Acting Officers in Certain Cases.
4.04.030 Transfer of Employees.
4.04.040 Appointment to Fill Vacancies.
4.04.050 Physical Examination for Temporary Appointees.
4.04.060 Civil Service Examiners.
4.04.070 Retention of Status - Harbor Pilots.
4.04.080 Certification by Bureau of Management and Budget.
4.04.010 Council to Create and Abolish Positions.
All subordinate offices and positions in the classified or unclassified service of the City shall be established by the Council by specific ordinance or by budget ordinance. The Council may prescribe duties and job descriptions, and may abolish any subordinate offices or positions. Action by the Council shall be subject to the Civil Service provisions of the Charter.
4.04.020 Mayor to Appoint Acting Officers in Certain Cases.
Whenever a vacancy occurs in an office, other than that of Mayor or Commissioner or Auditor of the City, to which the Council may appoint an incumbent, the Mayor is hereby authorized to appoint some suitable person having the qualifications required by the Charter and ordinances to serve as an acting officer for such positions until such time as the Council shall have met and made an appointment to fill the vacancy. Whenever the incumbent of any such office, other than that of Mayor or Commissioner or Auditor of the City, is sick, absent, or otherwise unable to serve, the Mayor is hereby authorized to appoint some suitable person having the qualifications required by the Charter and ordinances to serve as an acting officer for such positions until such time as the incumbent shall be able to serve or until the Council shall have met and appointed someone to serve during such absence, sickness, or other disability. Each person appointed as an acting officer under the terms and provisions hereof shall have and exercise during his term of service all of the power and authority which attaches to the office.
4.04.030 Transfer of Employees.
Any employee, upon written request approved by the appointing authorities concerned and subject to the approval of the Civil Service Board, may transfer from a position in one department to a position in the same class in another department. As provided by the Charter, such transfer may be permitted whether two positions be in the same class or in different classes, if the person to be transferred shall have been appointed to the position from which such transfer is made as the result of an open competitive examination equivalent to that required for the position to which the transfer is to be made. Transfers of employees from one position to another within a department shall be reported to the Civil Service Board in writing within 24 hours of the effective date of the transfer.
4.04.040 Appointment to Fill Vacancies.
(Amended by Ord. No. 137867; passed and effective Feb. 21, 1974.)
A. In the appointment of any officer or employee of the City to fill any vacancy, the Commissioner In Charge of the department in which the appointment is to be made and the Auditor as to appointments within his jurisdiction, are authorized to fill vacant positions subject to Civil Service rules and in accordance with the terms of the Charter and ordinances of the City.
B. The Commissioner In Charge or the Auditor is authorized to leave any subordinate position in his department or office temporarily unfilled for the reason of economy, lack of funds, operational efficiency or other good cause. While a position remains unfilled under this delegation of authority, it shall not be considered a vacant position.
4.04.050 Physical Examination for Temporary Appointees.
All persons hereafter accepting temporary appointment to fire fighting duties in the Bureau of Fire or police duties in the Bureau of Police shall be required to submit to a physical examination. Such examination of such temporary employees shall be the same as may be required of applicants for regular appointment.
4.04.060 Civil Service Examiners.
The Civil Service Board hereby is authorized to make arrangements, when necessary, for the employment of Civil Service examiners as provided by the Charter. Payment for such service shall be by requisition drawn against budgeted funds.
4.04.070 Retention of Status - Harbor Pilots.
(Added by Ord. No. 136680; passed and effective June 7, 1973.) In the event of the abolition of the position of harbor pilot, or in the event of the harbor patrol duties being transferred from the Bureau of Police, or the Bureau of Fire, to any other government agency, any harbor pilot who shall have been a regularly appointed patrolman, Bureau of Police, or firefighter, Bureau of Fire, at the time of his appointment as harbor pilot may return to the classification of patrolman, Bureau of Police, or firefighter, Bureau of Fire, without prejudice to any rights of seniority which he may have had a patrolman in the Bureau of Police, or as a firefighter in the Bureau of Fire, at the time of his appointment as harbor pilot.
4.04.080 Certification by Bureau of Management and Budget.
(Added by Ord. No. 136890; passed and effective July 12, 1973.) Prior to appointment or promotion of any employee of the City other than elected officials, the Bureau of Management and Budget must certify that a vacant, budgeted position is in existence to be filled by the proposed appointment or promotion of a City employee.
Chapter 4.08
SALARIES AND WAGES
(New Chapter substituted by
Ord. No. 167545, Apr. 6, 1994.)
Sections:
4.08.010 Council to Set Salaries.
4.08.020 Boards and Commissions to Serve without Pay.
4.08.030 Pay Effective Dates.
4.08.040 Compensation Plan.
4.08.050 Compensation for Elected Officials.
4.08.060 Salary Schedule for Nonrepresented Classifications. Subsistence.
4.08.070 Compensation for the Selected Nonrepresented Employees.
4.08.080 Salary Rate For the Permanent Appointments of Full Time Employees Not Represented in Collective Bargaining.
4.08.090 Anniversary Date and the Impact of Leaves and Prior Service for Full Time Employees.
4.08.100 Performance Evaluation.
4.08.110 Progression Through a Pay Grade for Nonrepresented Employees Based on Performance.
4.08.120 Salary Rate for Permanent Employees Accepting an Appointment to a Classification in the Same or Higher Pay Grade.
4.08.130 Impact of Appointments to Other Classifications.
4.08.140 Job Sharing Employees and Permanent Part Time Employees.
4.08.150 Starting Rates and Salary Adjustments for Temporary Full Time Employees.
4.08.160 Starting Rates and Salary Adjustments for Temporary Part Time and Seasonal Employees.
4.08.170 Salary Rates for Callshifts in Bureau of Fire.
4.08.180 Shift Differentials.
4.08.010 Council to Set Salaries.
The Council shall fix the salaries of all officers, agents and employees of the City.
4.08.020 Boards and Commissions to Serve without Pay.
No member of any board or commission shall receive any salary or other compensation for his/her services as such.
4.08.030 Pay Effective Dates.
Notwithstanding any other provision in this Chapter, all promotions, demotions reclassifications, reemployments or adjustments in salary of an employee shall take effect at the beginning of the next regularly established payroll period after occurrence of such change for purposes of salary determination and accounting.
4.08.040 Compensation Plan.
For each fiscal year, the Bureau of Personnel Services shall publish a compensation plan for every classification utilized by the City. The plan for a fiscal year shall be known as the compensation plan of the City for the fiscal year 19xx-xx. It shall not be necessary to publish a new plan for changes made during the fiscal year.
4.08.050 Compensation for Elected Officials.
The salary rates for the Mayor, Commissioners and Auditor shall not be assigned to the nonrepresented salary schedule and shall be established separately by the Council.
4.08.060 Salary Schedule for Nonrepresented Classifications.
A. The Council shall establish a salary schedule with multiple pay grades, for nonrepresented classifications. Each classification will be assigned to a pay grade. Each pay grade will be an open range.
B. Except as provided in Subsection C or Section 4.08.050, nonrepresented classifications shall be assigned to a pay grade in the nonrepresented salary schedule.
C. Nonrepresented classifications, designated by the Personnel Director to meet casual or seasonal work needs of the City, shall not be assigned to the nonrepresented salary schedule. The salaries for these classifications shall be established separately by the Council.
D. Whenever the Council adopts changes in the nonrepresented salary schedule or the assignment of classifications to pay grades, the implementing ordinance shall specify the effect upon employees in the classifications involved.
E. In no event shall an employee’s rate of pay be less than the entry pay rate or more than the top pay rate for his/her classification.
4.08.070 Compensation for the Selected Nonrepresented Employees.
A. The secretary and administrative staff of each Council Member, the City Attorney, and the deputies to the City Attorney shall be compensated in an open range in the pay grade assigned to their classification.
B. The Commissioner in Charge may set the salary of an employee covered by this Section at any point within the pay grade. The commissioner may also change the employee’s salary, within the pay grade, at any time.
C. All other employees in classifications assigned to the nonrepresented salary schedule shall be compensated in accordance with this Chapter.
4.08.080 Salary Rate for the Permanent Appointments of Full Time Employees Not Covered in Collective Bargaining.
(Amended by Ordinance No. 172947, effective December 16, 1998.) For employees not covered by 4.08.070 A:
A. All initial permanent full time appointments to classifications not represented in collective bargaining, shall be to the entry rate of the pay grade for this classification; except as follows:
1. At the discretion of the Bureau Director, an employee’s initial permanent full time appointment to a classification may be at a rate up to the midpoint of the assigned grade.
2. Initial appointments above the midpoint of the assigned grade may be made with the approval of the Personnel Director.
B. Bureaus will report any use of Subsections (1) above to the Bureau of Personnel Services. The Bureau of Personnel Services will provide the Council with an annual report of appointments made under Subsections (1) and (2).
C. When an employee is reinstated under the reinstatement rules, reappointed from a layoff list or returned from leave of absence, his/her salary rate shall be the pay which is at the same position in the pay grade as when the employee last served in that classification.
4.08.090 Anniversary Date and the Impact of Leaves and Prior Service for Full Time Employees.
For employees not covered by 4.08.070 A and in classifications not represented in collective bargaining:
A. Except as provided in Sections 4.08.120 and 4.08.130 below, the anniversary date of a full time employee is the date of initial permanent full time, permanent part time or temporary full time appointment to the classification. If an employee is reappointed from layoff or reinstated under the reinstatement rules, the date reappointment or reinstatement to employment shall be his/her new anniversary date.
B. Thereafter, an anniversary date for pay purposes shall be adjusted to exclude time spent on layoff or officially approved leave of absence of 30 days or more duration unless prohibited by federal or state law.
C. An absence from duty without pay because of military leave or injury in line of duty shall not change an employee’s anniversary date.
4.08.100 Performance Evaluation.
A. All employees in nonrepresented classifications, who are not employed on a seasonal or temporary part time basis, shall be evaluated using the City’s Performance Evaluation System.
B. Using the City’s Performance Evaluation Form, evaluations will be done on an annual cycle determined by each bureau. The bureau cycle shall provide, at a minimum, that each employee receive a set of goals and objectives, a six month evaluation and a one year evaluation. Employees within the same bureau may be evaluated on different annual evaluation cycles.
C. The Bureau director or designee shall review each performance evaluation after the employee has reviewed and commented on the evaluation.
D. Bureaus will report every employee’s annual performance evaluation rating to the Bureau of Personnel Services. The Bureau of Personnel shall provide the Council with an annual report of the performance evaluations in each of the bureaus.
E. The Bureau of Personnel Services may make changes in the City’s Performance Management forms after consultation with Bureau Directors.
4.08.110 Progression Through a Pay Grade for Nonrepresented Employees Based on Performance.
A. Each bureau will develop a performance pay plan for its employees in nonrepresented classifications who are not covered by 4.08.070 A or 4.08.160. Progression within a pay grade for these nonrepresented employees shall be based on their bureau’s performance pay plan.
B. Individual bureau plans will be developed before July 1 of each year and communicated to all nonrepresented employees of the bureau.
C. All plans shall provide the following:
1. A performance rating schedule which identifies the performance pay increase, if any, given for each rating category. The performance based pay increase for an individual employee shall not exceed 4.1 percent per year.
2. A description of the evaluation cycle or cycles which will be used by the bureau.
D. Employees will be eligible for a performance based pay increase on his/her anniversary date. Individual bureaus may provide for increases at a later date based on its performance pay plan.
E. Pay increases shall be based on the City’s Performance Management evaluation.
F. In no event shall an employee’s rate of pay be more than the top pay rate for his/her classification.
4.08.120 Salary Rate for Permanent Employees Accepting an Appointment to a Classification in the Same or Higher Pay Grade.
A. When a permanent employee is appointed to a classification in the same pay grade, the bureau director may appoint the employee:
1. At their current pay rate and anniversary date for future eligibility for performance increases, or
2. As provided in 4.08.080.
B. When a permanent employee is appointed to a classification in a higher pay grade, the bureau director may appoint the employee:
1. At the pay rate in the higher grade which gives them a 4.1 percent pay increase or the entry rate for the classification, which ever is higher, or
2. As provided in 4.08.080.
C. In no event shall a permanent employee salary be reduced due to an appointment to a position in a classification in the same or higher pay grade.
4.08.130 Impact of Appointments to Other Classifications.
A. If a permanently appointed employee accepts a temporary appointment in a classification in the same pay grade and is later reappointed to the former classification, the employee shall retain his/her current salary rate and anniversary date.
B. If a permanently appointed employee accepts a temporary appointment in a classification in a higher pay grade and is later reappointed to the former classification, the employee’s anniversary date and salary rate shall be reset as if they had continued in the original classification and received the same performance evaluations as they received in the higher classification.
C. If a permanently appointed employee is demoted to a lower paying classification, his/her salary shall be the rate in the new pay grade which afford them the least reduction in pay and they shall retain their anniversary date.
4.08.140 Job Sharing Employees and Permanent Part Time Employees.
A. The starting rates of pay for job sharing employees assigned to budgeted full time positions and who serve for 40 hours each pay period and for permanent part time employees in nonrepresented classifications shall be set in the same manner as for permanent full time employees, as provided in Section 4.08.080.
B. Job sharing and permanent part time employees are eligible for annual performance increases in the same manner as full time employees.
C. Job sharing and permanent part time employees in classifications covered by Section 4.08.070 A, shall be compensated in accordance with that Section.
4.08.150 Starting Rates and Salary Adjustments for Temporary Full Time Employees.
A. The starting rates of pay for full time temporary employees in nonrepresented classifications shall be set in the same manner as for permanent full time employees, as provided in Section 4.08.080.
B. Full time temporary employees are eligible for performance increases in the same manner as permanent full time employees, as provided in Section 4.08.110, providing their service is continuous.
4.08.160 Starting Rates and Salary Adjustments for Temporary Part Time and Seasonal Employees.
(Amended by Ord. No. 167885, July 6, 1994.) The Bureau Director or designee may set an change the pay rates of temporary part-time and seasonal employees in nonrepresented classifications to any pay rate within the pay range designated in the compensation plan for their classification.
4.08.170 Salary Rates for Callshifts in Bureau of Fire.
A callshift in the Bureau of fire is defined as a workshift filled by an off duty employee during the absence of the regularly assigned employee.
A callshift shall normally be filled by Bureau of Fire members of the same rank as the regularly assigned employee. However, any member of the Bureau of Fire accepting a callshift in either a higher or lower classification shall work at one and one-fourth times his/her regular rate of pay, except that members who are in premium rate classes, or members assigned to the fire prevention division shall be assigned callshifts in the fire fighting division and one and one-fourth times the rate of pay of the classification in which they have line status.
4.08.180 Shift Differentials.
(Amended by Ord. No. 167822 and 170773, effective Dec. 11, 1996.)
A. Employees not otherwise covered by a collective bargaining agreement, assigned to work an 8-hour swing shift or graveyard shift are entitled to a shift differential as follows:
1. Recreation Supervisors and Emergency Communications Supervisors:
Swing shift - 35 cents per hour.
Graveyard shift - 45 cents per hour.
2. All other nonrepresented employees:
Swing shift - 81 cents per hour and effective July 1, 1997 $.84 cents per hour.
Graveyard shift - $1.13 per hour and effective July 1, 1997 $1.16 per hour.
B. As used in this Section, a “swing shift” as any work shift that begins between 12:00 noon and 6:59 p.m., inclusive, and a “graveyard shift” is any work shift that begins between 7:00 p.m. and 5:59 a.m., inclusive.
C. The hourly premium authorized by this Section does not apply during hours when earning overtime, or when on vacation, sick leave or any other paid leave of absence.
D. This Section does not apply to sworn personnel in the Bureau of Fire and Bureau of Police, to seasonal employees, or to persons temporarily employed for a period of six months or less.
Chapter 4.12
HOURS OF WORK AND OVERTIME*
Sections:
4.12.010 Definitions.
4.12.020 Hours of Work.
4.12.030 Days Off.
4.12.040 Approval of Overtime.
4.12.050 Overtime for Firemen.
4.12.060 Compensation for Overtime.
4.12.070 Compensation for Call Back.
4.12.080 Rescheduling of Work Days.
4.12.090 Costs Accounting for Overtime.
4.12.010 Definitions.
(Amended by Ord. No. 132584; and 162257, effective Aug. 17, 1989.) As used in this Chapter:
A. “Call back” means an order to return to work immediately, or before the employee’s next work day, delivered to a full-time employee after he has left work at the end of his last shift;
B. “Commissioner In Charge” means the Mayor or a City Commissioner, as to employment in his department, or the City Auditor, as to employment in his office;
C. “Employee” means any temporary or permanent employee other than members of the Bureau of Fire, Rescue, and Emergency Services assigned to a 53-hour week;
D. Except as otherwise provided, “overtime” means time worked in excess of 8 hours in a work day or 40 hours in a work week, including time on duty, compensatory time off, a holiday off with pay, leave for which full salary is paid, and leave for injury in the line of duty compensated from State Accident Insurance Fund or from the Fire and Police Disability and Retirement Fund. Exceptions:
1. Time worked on a call shift in the Bureau of Fire is not overtime.
2. When the City and a sworn member of the Bureau of Police mutually agree for specified period to a shift change, a change in days off, or split days off, “overtime pay” shall not apply provided the officer is scheduled for 4 days off during each payroll period. Commencing March 25, 1971, a payroll week is defined as beginning any Thursday at 12:01 a.m. and ending at 12:00 midnight on the following Wednesday. A payroll period consists of 2 consecutive payroll weeks commencing on said date or on any alternate Thursday thereafter. Personnel assigned to or from in-service training programs shall not receive overtime as a consequence of their reassignment, provided the officer is scheduled for 4 days off in any payroll period which includes reassignment.
E. “Payroll week” means a 7-day period which begins at 12:01 a.m. each Thursday and ends at 12:00 midnight on the following Wednesday.
F. “Work day” means a full work shift not exceeding 8 hours scheduled to be completed in a 9-hour period within a calendar day. The calendar day in which an employee starts his work day will be the date for crediting his time. For timekeeping purposes a regular full work shift shall be counted as an 8-hour shift.
G. “Work week” means any combination of 5 work days assigned to an employee for work within a period of 7 consecutive days. The beginning of the work week is the first day following an employee’s 2 consecutive scheduled days off. For employees having nonconsecutive days off, the payroll week will be considered the work week.
4.12.020 Hours of Work.
(Amended Ord. No. 153834; Oct. 22, 1982.) The City maintains the right to alter an employee’s work day or work week, and to require an employee to work overtime and on a weekend or holiday. The normal business hours for the transaction of City business and the working time of City employees shall be 40 hours in 5 days during each payroll week. The Commissioner In Charge may establish not less than 36 hours in a week as the work week to be worked by any full-time employees or group of employees in any bureau in his/her department. Commissioners In Charge shall keep their respective offices open for the transaction of business from 8:00 a.m. until 5:00 p.m. on Mondays through Fridays, inclusive. The City Hall and other offices shall be closed all day Saturday and Sunday. The Chief of the Bureau of Fire may authorize a 40-hour work week to employees under his supervision who are not at the time performing fire fighting duties.
4.12.030 Days Off.
Days off for employees working a 40-hour work week normally will be Saturday and Sunday. Other days off may be authorized by the Commissioner In Charge where necessary for efficient operation of his department. All employees are entitled to 2 consecutive days off in each work week. When an employee is assigned nonconsecutive days off, the time worked on the last scheduled day of his work week shall be compensated at time and one-half.
4.12.040 Approval of Overtime.
(Amended by Ord. No. 132032, 134049, 137030, 139180 and 169948; Apr. 3, 1996.) Compensation for overtime is not authorized for employees who qualify as executives, administrators or professionals as defined by the Fair Labor Standards Act except;
A. As provided by a labor agreement; or
B. When past practice dictates otherwise and is specifically authorized by the Commissioner In Charge. Authorized overtime shall be reported on the biweekly time report to the nearest tenth of an hour.
C. When the Bureau Director approves and the Commissioner in Charge specifically authorizes in writing payment for work performed during and related to a declaration of emergency by the Mayor pursuant to Portland City Code Section 15.08.020. Under this provision, payment may only by made:
1. At the employee’s regular hourly rate of pay for hours worked beyond their normal work schedule; and
2. Only for time required by the Bureau to be worked during the declaration of emergency; and
3. Only for work related to or necessitated by the emergency.
4.12.050 Overtime for Firemen.
Off-duty firemen, other than the Chief of the Bureau of Fire, regardless of their pay range, when responding to a call back for a greater alarm or other emergency shall be compensated at their base rate for 6 hours duty or for 1-1/2 times actual duty, whichever is highest.
4.12.060 Compensation for Overtime.
(Amended 138213, 138938, 142519, 150190, and 150992; Jan. 15, 1981.) Overtime for an employee shall be computed at 1-1/2 times the base rate of pay. The normal method of compensating overtime shall be payment in cash. However, compensatory time off may be authorized in lieu of cash up to a total accrual of 75 hours in a calendar year. Compensatory time off will be arranged by mutual agreement between the employee and the supervisor. Any accrued compensatory time remaining at the end of a calendar year will be paid in cash or may be carried over into the next calendar year. Any compensatory time carried forward into the next calendar year will count against that calendar year’s total accrual. If the employee transfers to another bureau, all accrued compensatory time will be paid in cash or used before such transfer.
4.12.070 Compensation for Call Back.
An employee responding to a call back shall be compensated for actual time on the job at the overtime rate. When actual time on the job is less than 1-3/10 hours, it shall be reported as 1-3/10 hours at time and one-half. If the call back occurs on a holiday, the employee is entitled to pay for 8 hours at his regular rate in addition to overtime for actual time on the job.
4.12.080 Rescheduling of Work Days.
An employee normally shall be given adequate advance notice of any change in his regular hours of work. If that notice is given less than 8 hours before he is to begin work under the changed schedule, he shall be compensated at the overtime rate for those hours that are earlier, later or different than the hours he last worked in a work day. Compensation under this Section shall not exceed 8 hours at the overtime rate. An employee is not entitled to compensation at the overtime rate under this Section if he is otherwise entitled to overtime for the same hours of work.
4.12.090 Cost Accounting for Overtime.
For cost accounting purposes only, time worked before or after the employee’s normal work day or after his normal work week, which results in overtime, shall be considered the overtime period.
Chapter 4.16
VACATIONS AND HOLIDAYS
Sections:
4.16.010 Persons entitled to Annual Vacations.
4.16.020 Basis for Computing Vacations.
4.16.030 Persons not Entitled to Vacation Benefits.
4.16.031 Vacation Accrual for Job Sharing Employees and Permanent Part-Time Employees.
4.16.040 Time Annual Vacation to be Taken.
4.16.050 Employment While on Vacation.
4.16.060 Lump Sum Payment for Vacation Allowances.
4.16.070 Transferred Employees.
4.16.080 Holidays.
4.16.085 Personal Holidays.
4.16.086 Holidays for Job Sharing Employees and Permanent Part-Time Employees.
4.16.090 Compensation for Work on Holidays.
4.16.010 Persons Entitled to Annual Vacations.
All appointive officers and full-time employees shall be entitled to an annual vacation without deduction of pay only as provided in this Chapter. As used in this Chapter, a “full-time employee” is one assigned to a minimum schedule of nine-tenths of the normal work hours in a biweekly pay period.
4.16.020 Basis for Computing Vacations.
(Amended by Ord. No. 136886, 137296, 138845, 141278, 142519, 142747, 146438, 152615, 159261, 162257; and 169295, Sept. 14, 1995.)
A. Annual vacation leave for employees shall be computed on the basis of time actually served. The rate that vacation leave accrues shall depend upon the number of years of total service for the City, whether or not the total was broken. Except as otherwise provided in a labor agreement, if in a calendar year an employee will have attained the following number of years of total service, then beginning on January 1 of that year his vacation leave shall accrue at the rate indicated in one of the following appropriation schedules:
1. Schedule for 40-hour personnel beginning August 31, 1978:
Total Years Accrual Rate Vacation
of Per Biweekly Rate Per
Service Pay Period Year
0 to 4 3.0770 hours 80 hours
5 to 9 4.6154 hours 120 hours
10 to 14 5.3846 hours 140 hours
15 to 19 6.1539 hours 160 hours
20 to 24 6.9231 hours 180 hours
25 or more 7.6924 hours 200 hours
2. Schedule for 53 hour uniformed member of the Bureau of Fire, Rescue, and Emergency Services:
Total Years Accrual Rate Vacation
of Per Biweekly Rate Per
Service Pay Period Year
0 to 4 9.2308 hours 240 hours
5 to 9 10.1538 hours 264 hours
10 to 14 11.0769 hours 288 hours
15 to 19 12.9231 hours 336 hours
20 to 24 13.8462 hours 360 hours
25 to 29 14.7692 hours 384 hours
30 or more 15.6923 hours 408 hours
3. (Added by Ord. No. 144490; amended by 144748; passed and effective Nov. 17, 1977.) Schedule for the Bureau of Police uniformed personnel of the rank of lieutenant and above, effective July 1, 1977:
Total Years Accrual Rate Vacation
of Per Biweekly Rate Per
Service Pay Period Year
0 to 4 3.0770 hours 80 hours
5 to 9 4.6154 hours 120 hours
10 to 14 5.3846 hours 140 hours
15 to 19 6.1539 hours 160 hours
20 to 24 6.9231 hours 180 hours
25 or more 7.6924 hours 200 hours
B. As used in this Section, total service:
1. Includes time taken while on leave of absence without pay for military service;
2. Includes time under temporary appointment in City service, and employment by the Dock Commission, the Exposition - Recreation Commission, and the Portland Development Commission;
3. Includes any continuous absence because of injury in the line of duty and, in the Bureau of Fire and Bureau of Police, because of occupational or service-connected disability approved by the Fire and Police Disability and Retirement Fund Board, if after that absence the employee returns to his duties on a full-time basis for a continuous period of at least 30 days; and
4. Except as provided in paragraph (3) of this Subsection, excludes time in City service for which an employee receives pension benefits.
C. Any vacation time accruing to an employee by the terms of this Section shall be accrued biweekly in conformity with the payroll period, and any vacation time so accrued may be taken by an employee in accordance with procedures established by this Code and bureau regulations.
4.16.030 Persons not Entitled to Vacation Benefits.
(Amended 142519, 142747, and 152193; effective Sept. 28, 1981.) No person employed as a consultant or expert on a contract basis, or employed for special period or project authorized by ordinance, or employed on an hourly or intermittent basis, except as provided in Section 4.16.031, shall accrue vacation credits.
4.16.031 Vacation Accrual for Job Sharing Employees and Permanent Part-Time Employees.
(Added by Ord. No. 147362; amended by 152193; and 162108, effective July 1, 1989.) Notwithstanding the provisions of 4.16.030 relating to full-time employees, employees who share a budgeted full-time position and serve for 40 hours in each pay period shall be allowed one-half the accrual rates outlined in Section 4.16.030; permanent part-time employees who serve at least 40 hours but less than 72 hours each pay period shall accrue vacation in accordance with the number of hours served. Vacation may be used or paid after continuous service of 1,040 hours, or in the case of employees not represented in collective bargaining, after continuous service of 173 hours. The progression to higher accrual rates will be based on serving the number of hours equivalent to the time periods designated in Section 4.16.020.
4.16.040 Time Annual Vacation to Be Taken.
(Amended by Ord, No. 132032, 136921, 142519, 142747; and 162108, effective July 1, 1989.)
A. Vacation credits shall accumulate from the first day of employment, and may `be used by or paid to appointive officers and full-time employees who have served for a continuous period of not less than 6 months, or in the case of employees not represented in collective bargaining, for a continuous period of not less than 1 month.
B. Under normal conditions, employees are expected to take their vacation in the calendar year following the year in which credits were earned. Vacation credits in excess of one year’s earnings may be accrued. However, the total number of hours accrued at the end of the first pay period in January of any year cannot exceed an employee’s vacation accrual for the preceding 24 month period.
4.16.050 Employment While on Vacation.
(Amended by Ord. No. 137295 and 168054; effective Aug. 24. 1994.) Except members of the Bureau of Police assigned to strike force operations under the Police Impact Program and employees of the Bureau of Emergency Communications, officers and employees while on annual vacation shall not perform service for the City for compensation in any other capacity. This provision, as it pertains the Bureau of Emergency Communications, will expire on February 1, 1995.
4.16.060 Lump Sum Payment for Vacation Allowances.
(Amended by Ordinance Nos. 139317, 142519, 142747, 143762 and 173369, effective May 12, 1999.)
A. Any officer or employee who resigns or retires, or who is laid off, or removed for cause, shall be paid in a lump sum for all accrued vacation credits. Such payment shall be made by manual payroll check no later than the end of the next workday following the last day of duty. Exceptions to this policy of immediate cash payment will be allowed for delays on account of injury, illness, military duty or suspension.
B. Accrued vacation credited to a deceased officer or employee shall be payable as provided in Section 5.08.160.
C. Lump sum payment for all accrued vacation credit may be allowed to an officer or other sworn employee who is receiving benefits from the Fire and Police Disability and Retirement Fund if the chief of the bureau finds on the basis of medical evidence that the officer or employee is permanently disabled or because of a disability is unlikely to be able to return to duty within the period of one (1) year next following.
4.16.070 Transferred Employee.
(Amended by Ord. No. 134891; passed July 13, effective July 1, 1972.) When an employee is transferred permanently by promotion or otherwise from one bureau to another, his vacation shall become the obligation of the bureau to which he is transferred. Postponed holidays which are added to the accrued vacation total in the Auditor’s accumulated hours statement, shall be treated in the same manner as accrued vacation.
4.16.080 Holidays.
(Amended by Ord. No. 135663, 133776, 161501; and 162257, effective Aug. 17, 1989.)
A. Unless otherwise provided in a collective bargaining agreement, a “holiday” means any day between Monday and Friday, inclusive, that is designated by State law to be a legal holiday, except Lincoln’s Birthday. Every full-time employee is entitled to a day off with pay on a holiday, if he has pay status for the entire scheduled work day preceding and following the holiday. If an employee’s scheduled day off falls on a holiday, he is entitled to a postponed holiday with pay, to be taken at the mutual convenience of that employee and the department.
B. Firefighters assigned to a 53 hour week, consultants, and temporary and seasonal employees appointed less than 2 weeks before a holiday are not entitled to a holiday.
C. If New Year’s Day, Independence Day or Christmas occurs on a Saturday or Sunday, the holiday will be observed by employees assigned to a 40 hour week as follows:
1. Depending upon the need of the bureau, employees who would normally work Monday through Friday will be allowed either the preceding Friday or the following Monday off with pay. Employees who are given neither day off will be considered as having worked the preceding Friday with holiday pay if the holiday occurs on Saturday or the following Monday with holiday pay if the holiday occurs on Sunday.
2. For employees in units which operate 7 days a week, Saturday will be considered the holiday for the purpose of premium pay if the holiday occurs on Saturday, or Sunday, if the holiday occurs on Sunday. Employees in these continuous operation units who are not scheduled to work on Saturday when the holiday occurs on Saturday or Sunday when the holiday occurs on Sunday will receive a postponed holiday with pay.
4.16.085 Personal Holidays.
(Added by Ord. No. 135663, amended by 135737, 150190; and 162108, effective July 1, 1989.) Unless otherwise provided in a collective bargaining agreement, full-time employees are entitled to three personal holidays effective in 1980 in addition to the holidays provided under Section 4.16.080. Credits shall be added to each eligible employee’s account on the first pay date in January of each year.
A personal holiday may be scheduled only:
A. After continuous City service of 6 months, or in the case of employees not represented in collective bargaining, for a continuous period of not less than 1 month;
B. At the mutual convenience of the employee and the bureau; and
C. During the calendar year in which it accrues.
4.16.086 Holidays for Job-Sharing Employees and Permanent Part-Time Employees.
(Added by Ord. No. 147362; amended by 152193; and 162108, effective July 1, 1989.) Notwithstanding the provisions of Sections 4.16.080 and 4.16.085, employees who share a budgeted full-time position and serve for 40 hours each pay period shall be allowed 4 hours of pay for each designated City holiday; permanent part-time employees who serve at least 40 hours but less than 72 hours each pay period shall be entitled to the appropriate amount of holiday pay when designated City holidays coincide with their scheduled work hours. Twelve hours of personal holiday time shall be allowed after 1,040 hours of continuous job sharing or permanent part-time City service, or in the case of employees not represented in collective bargaining, after 173 hours of continuous job sharing or permanent part-time City service.
4.16.090 Compensation for Work on Holidays.
A. An employee entitled to a holiday who is assigned to work on that day is entitled to compensatory time off equivalent to 1-1/2 times the number of hours worked on the holiday, excluding overtime.
B. Compensatory time off shall be taken at the mutual convenience of the employee and the department. However, an employee shall not be permitted to carry over more than 60 hours of compensatory time off because of holidays from one calendar year to the next.
C. In lieu of compensatory time off, the Commissioner In Charge may authorize premium compensation in cash to an employee who worked on a holiday. Cash compensation shall be at the rate of 1-1/2 times the employee’s regular rate of pay for the number of hours worked on the holiday, excluding overtime.
D. Compensation under this Section is in addition to any other compensation to which an employee may be entitled.
E. (Added by Ord. No. 138372; passed and effective June 13, 1974.) Notwithstanding the provisions in subsections A, B, and C above, an employee shall be paid in cash for the portion of the first 8 hours on duty on a holiday which is in excess of 40 hours of total time on duty at straight time in the work week.
Chapter 4.20
LEAVES OF ABSENCE WITH PAY
Sections:
4.20.010 For City Attorney and His Deputies.
4.20.020 For Auditor.
4.20.030 Jury Service.
4.20.040 National Guard and Other Military Reservists.
4.20.050 Conventions and Meetings.
4.20.060 Search or Rescue Operations.
4.20.070 Sabbatical Leaves.
4.20.080 Absence on Account of Death of a Relative.
4.20.090 Administrative Leave.
4.20.010 For City Attorney and His Deputies.
The Commissioner In Charge of the office of the City Attorney may grant leaves of absence without deduction of pay in addition to the regular annual vacations to the City Attorney and his deputies, not to exceed 30 days in any calendar year, whenever the commissioner is satisfied that such absences are necessary and for the benefit of the health of the officer or for the good of the City service.
4.20.020 For Auditor.
The City Auditor is hereby authorized to absent himself from his duties as City Auditor for a period of time not exceeding 30 days during any fiscal year without deduction of pay.
4.20.030 Jury Service.
(Amended by Ord. No. 162257, effective Aug. 17, 1989.) Any permanently appointed officer or employee of the City shall be granted leave, with pay and without loss of any benefits of his employment, to serve as a juror or witness in response to subpoena or similar service issued out of a state or federal court, subject to the following provisions:
A. The name of the officer or employee granted such leave shall be carried on the regular payroll in the usual manner together with an entry showing the fact of his service as juror or witness;
B. The officer or employee granted such leave shall pay all money received for his service as juror or witness to the City Treasurer, but shall be reimbursed for his travel allowance;
C. Where the officer or employee is required to serve as juror or witness on a scheduled day off or vacation day, and such day cannot reasonably be rescheduled, he may retain the fee paid for his service as a juror or witness on his day off or vacation day;
D. If an officer or employee granted leave under this Section is excused from service as juror or witness with more than 2 hours remaining in his normal work shift, he shall notify his immediate superior, and shall report to work the remainder of his shift if his immediate superior requests him to do so.
E. Leave under this Section shall not be granted for jury service in a state court to an officer or employee exempt from such service under state statute who is employed by the City on a 53 hour week.
4.20.040 National Guard and Other Military Reservists.
All employees of the City who are members of the Oregon National Guard or any reserve component of the armed forces of the United States are entitled, upon application therefor, to leave of absence from duties for a period not exceeding 15 calendar days in any one calendar year, without loss of time, pay or regular leave, and without impairment of efficiency rating or other rights or benefits to which they may be entitled, for the purpose of attending an annual camp, cruise, or special training designed for the instruction of members of the above cited services, provided such employee shall have been in the employ of the City for a period of 6 months prior to such request for leave. The provisions of this Section shall not be applicable when the guard or a reserve unit is in the federal service or called to active duty on extended tour, nor shall this Section be applicable for any duty in excess of 15 calendar days in any calendar year. The provisions of this Section shall be applicable in any case where a City employee is called for limited active duty in the military establishment of the United States for the purpose of physical examination.
4.20.050 Conventions and Meetings.
(New Section substituted by Ord. No. 135618; passed and effective Nov. 16, 1972.) Unless otherwise provided in this Chapter, no officer or employee shall be granted a leave of absence with pay to attend a convention, meeting or conference unless it is connected with municipal affairs or business of interest to the City. If the event is sponsored by a professional or other nonprofit organization, or by a governmental agency, and expenses incurred in attending it are not paid from City funds, the leave may be granted by the Commissioner In Charge. In all other cases, the leave may be granted only through the budget process or by ordinance.
4.20.060 Search or Rescue Operations.
A City employee who takes part without pay in a search or rescue operation at the request of any law enforcement agency, the Director of Aeronautics, the United States Forest Service, or any local organization for civil defense, shall not forfeit his wages while engaged in an operation for a period of not more than 5 days for each operation. If an operation continues for more than 5 days, the Commissioner In Charge may allow the employee to continue to take part in the operation and to receive the wages for as long as the Commissioner In Charge considers proper.
4.20.070 Sabbatical Leaves.
(Added by Ord. No. 137714; passed and effective Jan. 17, 1974.)
A. The Personnel Manager is responsible for the administration of the sabbatical program. The program is intended to provide professional and management personnel with an opportunity to update skills and increase their knowledge and experience in public administration without loss of pay and other employment benefits.
B. Sabbatical leave should be of approximately 4 weeks duration. Sabbatical activities may include class participation or tutorial work at an institution of higher education, a selected tour with other local government officials, or any other defined activity that will meet the objectives of the sabbatical.
C. Applications for participation in the sabbatical program shall be provided by the Bureau of Personnel. Each application is subject to approval of the Commissioner In Charge and, when approved, shall be submitted to the Bureau of Personnel not less than 60 days prior to the date the applicant proposes to begin his sabbatical leave.
D. The Auditor, the City Attorney and Director of the Office of Management Services shall serve as the Application Review Committee and the Personnel Manager shall act as Committee advisor. In approving applications, the Committee shall take into account total funds appropriated for the sabbatical program and shall evaluate each application according to the following criteria:
1. The comprehensiveness of the sabbatical activities proposed;
2. The extent to which the activities will meet the applicant’s stated objectives;
3. Demonstrated motivation and availability of the applicant; and
4. The projected cost of the sabbatical as related to its benefit to the City and the applicant.
E. To the extent that it will benefit other personnel, upon return from sabbatical leave each participant in the program shall carry out a post-sabbatical evaluation as stated in his application.
4.20.080 Absence on Account of Death of a Relative.
(Amended by Ord. No. 141009, 142519; and 162108, effective July 1, 1989.)
A. Unless otherwise provided in a labor agreement, up to 3 days may be allowed an employee without deduction in pay by reason of the death of a relative. A relative includes spouse, parent, grandparent, child, grandchild, stepchild, sister, brother, sister-in-law, brother-in-law, mother-in-law, father-in-law. With the approval of the Commissioner In Charge, or his designee, an additional 2 days leave with no deduction in pay may be allowed for necessary funeral travel time.
B. No person employed on a temporary or seasonal basis, or as a consultant, is eligible for paid funeral leave.
4.20.090 Administrative Leave.
(Added by Ord. No. 162108 and 170774, effective Dec. 31, 1995.)
A. At the discretion of the bureau manager, paid administrative leave of up to 5 days per calendar year may be granted to those employees not represented in collective bargaining who are not eligible for overtime compensation. Such administrative leave shall be recorded separately and shall not accrue.
B. No person employed on a temporary or seasonal basis, or as a consultant, is eligible for paid administrative leave.
C. Police Lieutenants and Captains who are not represented in collective bargaining shall be entitled of executive leave instead of paid administrative leave. In lieu of overtime, paid executive leave of up to 5 days per calendar year will be granted by the Police Chief, the Assistant Chief or any Deputy Chief to those non-represented Police Lieutenants and Captains who have demonstrated a commitment in that calendar year toward furthering the goals and objectives of the Police Bureau by their efforts, performance or achievements. Minimal or occasional involvement in Police Bureau activities or routine management work performed outside normal working hours will not justify granting of executive leave. Executive leave shall be recorded separately and shall not accrue. Executive leave which is granted but not used by the end of the calendar year shall be paid to the Police Lieutenant or Captain in cash as a separate check following the first pay period in January. The use of executive leave will be arranged by mutual agreement between the employee and his/her supervisor.
Chapter 4.24
LEAVES OF ABSENCE WITHOUT PAY
Sections:
4.24.010 Accepting Outside Employment.
4.24.020 Approval.
4.24.030 Penalty for Nonreturn.
4.24.040 Rate of Deduction for Absence.
4.24.070 Military Leave.
4.24.080 Extension of Military Leave.
4.24.090 Veterans Leave.
4.24.100 Application for Military or Veterans Leave.
4.24.110 Termination of Military or Veterans Leave.
4.24.120 Restoration of Office or Position of Veteran.
4.24.130 Ineligibility of Temporary Employees.
4.24.140 Employment of Substitute During Military or Veterans Leave.
4.24.150 Civil Defense Meetings.
4.24.160 Pension Law not Modified by Leave Provisions.
4.24.170 Employees Transferred to Multnomah County.
4.24.180 Family Leaves.
4.24.010 Accepting Outside Employment.
(Amended by Ord. No. 134614, and 155957; passed and effective June 11, 1984.) Except as otherwise provided in this Chapter or by ordinance, no person holding a position in the classified Civil Service of the City shall be granted a leave of absence for the purpose of engaging in any other employment. A person in the classified Civil Service who is appointed to a position excluded from the classified Civil Service under Section 4-101 of the Charter shall be considered on approved leave of absence while serving in the excluded position.
4.24.020 Approval.
(Amended by Ord. No. 143298, 169322, Sept. 20, 1995.) Each Commissioner, Auditor for his/her office, or their designated Bureau Managers, is authorized to grant leaves of absence to subordinate officers or employees in his/her department who are under the classified Civil Service, upon good cause being shown. Any leave of absence without pay for more than 30 days because of sickness or injury shall be granted only upon approval of an application in writing for such leave, supported by a statement from the attending physician or practitioner.
4.24.030 Penalty for Non - Return.
(Amended by Ord, No. 143298 and 169322, Sept. 20, 1995.) It shall be the duty of the Commissioner or Auditor for his/her office, or their designated Bureau Managers, to file charges against any employee in the classified Civil Service who fails to return to duty within the time granted in his leave of absence after proper notice, and to remove such employee in accordance with the Civil Service provisions of the Charter; provided, that, if such employee presents a reasonable and acceptable excuse for such absence, charges shall not be filed against him if the Bureau Manager, Commissioner, or Auditor for his/her office, grants an extension of leave of absence for the additional time.
4.24.040 Rate of Deduction for Absence.
Any officer or employee absent from duty is subject to a deduction in pay, except as otherwise provided in this Code. The amount to be deducted from the employee’s salary for time absent from duty shall be equal to the amount the employee would have earned if he had worked his normal schedule.
4.24.050 Pregnancy.
(Repealed by Ord. No. 138280; passed and effective May 3., 1974.)
4.24.060 Applicable Date of Ceasing Work in Case of Pregnancy.
(Repealed by Ord. No. 138280; passed and effective May 30, 1974.)
4.24.070 Military Leave.
Whenever an officer or employee of the City voluntarily or involuntarily enters upon active duty in the armed forces of the United States, his office or position shall not become vacant, nor shall the officer or employee be subject to removal as a consequence thereof. Unless he dies, or resigns or is relieved or discharged from military duty under other than honorable conditions, during the term for which he was elected, appointed or employed, such officer or employee shall be considered absent on military leave until his release from military duty has permitted him to resume the duties of his office or position. While so absent on military leave, he shall not receive the pay or other emolument of such office or position, nor become liable, as such officer or employee, on his official bond or otherwise, for the acts or omissions of any other person. His Civil Service status shall be preserved during his military leave as though he were continuously employed in the City service, and his seniority shall continue to accrue. However, benefits under the State Public Employees Retirement Act, sick leave and vacation time shall not accrue during his absence. Upon entering active military duty, the officer or employee is entitled to the benefit of all vacation time he has accrued up to the time his military leave commences. Sick leave that has accrued to the time his military leave commences shall be preserved. If he has not completed the probationary period of his office or employment before leaving for military duty, or if he was granted a promotional appointment while on military leave, he shall be required to fulfill his probation requirement upon returning to City service.
4.24.080 Extension of Military Leave.
Whenever an officer or employee of the City involuntarily continues on active duty in the armed forces of the United States, or, in time of a declared unlimited national emergency or a time of armed combat involving the United States, voluntarily continues on active duty in the armed forces of the United States, the military leave granted him under Section 4.28.070 shall be extended and he shall continue to enjoy the rights, privileges and immunities therein provided.
4.24.090 Veterans Leave.
An officer or employee of the City who has served in the armed forces while on military leave and who desires, and is qualified for, rehabilitation or educational benefits now or hereafter provided by law to veterans, shall be entitled to veterans leave. While on veterans leave, his office or employment shall not become vacant and he shall be entitled to the same rights, privileges and immunities as are extended to an officer or employee on military leave.
4.24.100 Application for Military or Veterans Leave.
A. An officer or employee ordered to active duty in the military establishment of the United States shall immediately so advise his immediate superior and then follow the following procedure.
1. Any employee called to active military duty shall appear in person at the office of the City Auditor and execute formal application for such leave;
2. Before executing the application for leave the employee shall be furnished copies of Sections 4.24.070 to 4.24.140;
3. The applicant shall provide the City Auditor with a copy of the orders calling him to active duty. (Photostatic copies of original orders made in the office of the City Auditor will be accepted in lieu of original orders, if sufficient supply of original orders is not available;)
4. The application shall be executed under oath and include an affirmative statement that he has been furnished a copy of Sections 4.24.070 to 4.24.140, and has read and accepts the same;
5. At the time of filing the application for military leave, the employee shall, in the office of the City Auditor, make such arrangements for a continuation of life and health insurance as are appropriate for the benefit of his dependents;
6. Members of the Bureau of Police and Bureau of Fire making such application shall at the same time complete all necessary arrangements relating to retirement and pension plan;
7. The application shall be executed in quadruplicate and two copies immediately dispatched to the Commissioner In Charge of the bureau in which the employee is employed, and one copy forwarded by the commissioner to the office of the City Attorney for the preparation of military leave ordinance;
8. Upon passage of the ordinance, the City Auditor shall advise the Commissioner In Charge of the bureau in which the employee is employed, the commissioner shall retain a copy of the application and ordinance in the custody of the chief clerk or other person charged with payroll maintenance for the bureau, and the City Auditor shall make suitable payroll entries indicating the absence of the employee on military leave;
9. The fourth copy of the application shall be filed by the City Auditor in a special file maintained for this purpose.
B. An officer or employee desiring veterans leave shall submit to the appointing authority his written application therefor, together with evidence of his qualification for veterans benefits and such additional information as may be requested by such authority or by the City Attorney for preparation of the ordinance granting his leave. Veterans leave under Section 4.24.090 shall be granted by the Council when the application as herein provided is submitted to it by the appointing authority. The Council may impose any reasonable terms and conditions upon a veterans leave.
C. An officer or employee applying for veterans leave shall be furnished a copy of Sections 4.24.070 to 4.24.140, and such leave shall be granted by the Council only upon the condition that the applicant has read and accepted in writing the provisions therein contained. Application for veterans leave shall be filed with the City Auditor in like manner as application for military leave.
4.24.110 Termination of Military or Veterans Leave.
A. Before termination of his military leave or extension thereof, or veterans leave, every officer or employee shall notify the appointing authority of his intention to return to the office or position in which he was serving before his leave commenced or the office or position to which he was granted a promotional appointment while on such leave.
B. Military leave terminates 90 days after the release from active duty in the armed forces, or 90 days after release from hospitalization continuing after discharge from the armed forces for not more than 1 year.
C. Military leave of an officer or employee, who continues to be hospitalized after his discharge from the armed forces for more than 1 year, terminates upon the date determined by the Council.
D. Veterans leave terminates 30 days after the officer or employee discontinues receiving benefits for which such leave was granted.
4.24.120 Restoration of Office or Position of Veteran.
A. An officer or employee who notifies the appointing authority as provided in Section 4.24.110 A and is qualified to perform the duties of the office or position in which he was serving before his leave commenced, or the office or position to which he was granted a promotional appointment while on leave, shall be restored to such office or position if he reports for work upon termination of his military leave or extension thereof, or his veterans leave. If he is not qualified to perform the duties of such office or position by reason of his military duty, but is qualified to perform the duties of any other office or position in the City service, the officer or employee shall be restored to such other position, the duties of which he is qualified to perform, as will provide him like seniority, status and pay, or the nearest approximation thereof, consistent with the circumstances of his case.
B. An officer or employee will not be restored to his office or position under Subsection A of this Section, and may be removed from City service by the appointing authority, if;
1. He fails to notify the appointing authority as provided in Section 4.24.110 A;
2. Upon termination of his military leave or extension thereof, or veterans leave, he is found by the appointing authority not to be qualified to perform the duties of his office or position or the duties of any other office or position in the City service; or
3. He was relieved or discharged from military duty under other than honorable conditions; or
4. He voluntarily continues on active duty in the armed forces of the United States other than in a time of a declared unlimited national emergency or a time of armed combat involving the United States.
4.24.130 Ineligibility of Temporary Employees.
The provisions of Sections 4.24.070 to 4.24.120 are not applicable to temporary employees of the City.
4.24.140 Employment of Substitute During Military or Veterans Leave.
A. During the period any officer or employee is on military leave or extension thereof, or veterans leave, a substitute may be appointed to serve in his place and stead by the appointing authority. The substitute shall be appointed in the manner provided by rules of the Civil Service Board and he shall be designated by the Title of his office or position, followed by the word “protem.” He shall be invested with the authority, duties and responsibilities, and shall receive emoluments of the office or position as though permanently employed therein.
B. When an officer or employee on military leave or extension thereof, or on veterans leave, is restored to his office or position, or when his successor has qualified and is permanently appointed to fill the vacancy created because that officer or employee cannot be restored to his office or position, the appointment of his substitute shall terminate, and the substitute immediately shall deliver to such officer or employee, or his successor, all records and other incidents of the office or position. If the substitute was in City service before his temporary assignment, he shall be restored to his previous office or position; otherwise, he shall be dismissed without prejudice.
C. Nothing contained in this Section shall be considered as precluding a substitute from being eligible as an applicant for permanent appointment to a vacancy in the office or position in which he is temporarily serving, provided he is otherwise qualified.
4.24.150 Civil Defense Meetings.
Any officer or employee may be absent from his regular duties, upon approval of the appointing authority, to attend a meeting called in furtherance of civil defense or any war effort. The Mayor may direct the attendance at such meeting of any citizen of the City if he believes the presence of that person will benefit the meeting and if the problems to be discussed thereat are of public interest. Allowance for expenses of, or reimbursement of expenses for, attending such meeting shall be provided by ordinance to such officer, employee or other person.
4.24.160 Pension Law not Modified by Leave Provisions.
Sections 4.24.070 to 4.24.140 shall not be construed to modify or repeal the provisions of Section 5-122 of the Charter of the City, relating to members of the Fire and Police Disability and Retirement Fund.
4.24.170 Employees Transferred to Multnomah County.
(Added by Ord. No. 134614; passed and effective May 25, 1972.)
A. A City employee who is transferred to Multnomah County with consent of the Council shall be considered on automatic leave of absence from City service for a period of 5 years from the date of transfer, unless he first returns to City service or otherwise ceases to be a county employee.
B. An employee on leave of absence under this Section may return to active City service to fill a vacant position, subject to the following conditions:
1. The vacancy is in the Civil Service classification held by the employee before his transfer to the county, or is in an equivalent or lower classification.
2. The vacancy is not in a position requiring a selective certification, unless the Civil Service Board finds that the employee qualifies to be certified.
3. There is no employee on an active laid-off list who qualifies to fill the vacancy.
4. The commissioner of the department in which the vacancy exists approves the return of the employee to active City service to fill that vacancy.
C. Notwithstanding the provisions of Subsection B of this Section, an employee on a leave of absence under this Section is permitted to take examinations, to have his name on registers of position, and to be certified as an eligible candidate for classes of positions, including promotional positions, to the same extent as though he were in active City service.
D. An employee on leave of absence under this Section who returns to active City service shall be entitled to the employment benefits accrued to his credit on the last day of his service with the county, including seniority, unused sick leave and vacation time, and eligibility for pension benefits.
E. Notwithstanding the provisions of Subsection D of this Section:
1. No employee shall be credited with accrued and unused sick leave or vacation time over the maximum time he is otherwise permitted to accrue under this Title.
2. If an employee, after transferring to active county service, elected to participate in a pension system made available to him by the county, upon his return to active City service he will not be entitled to the transfer of credit for contributions made by him or on his behalf to the county pension system.
4.24.180 Family Leaves.
(New Section substituted by Ord. No. 167577 and amended by 168639 and substituted by 170773 effective Dec. 11, 1996.) To provide employees the opportunity to balance their family commitments with their employment obligations, the City shall grant Family Leave to employees in accordance with the Federal Family and Medical Leave Act of 1993 and The Oregon Family Leave Act (ORS 659.470 through 659.494), and as designated in the City’s personnel rules and/or administrative procedures. For purposes of Family Leave, the City agrees that “spouse” includes “domestic partner,” as defined by the City’s Labor/Management Benefits Committee.
A. Leaves requested by eligible employees for a purpose covered by the Federal Family Medical Leave Act or the Oregon Family Leave Act shall be so designated by bureaus granting such leaves as provided for by these Acts.
B. An employee who is granted family leave under the above laws shall be entitled to utilize accrued compensatory time for that leave.
C. Any subsequent changes in law or the Administrative Rules will be incorporated into this Code. Specific rules and/or administrative procedures are available from bureau timekeepers or the Bureau of Personnel.
D. During periods of leave covered by the Federal Family and Medical Leave Act and the Oregon Family Leave Act identified above, eligible employees shall be required to use accrued or accumulated paid leaves, including vacation and, when applicable, sick leave, prior to a period of unpaid leave of absence. The use of sick leave shall be governed by Chapter 4.28 of this code and the applicable collective bargaining agreements.
E. Notwithstanding the provisions of subsection D above, employees not otherwise covered by a collective bargaining agreement, may reserve all compensatory time and whatever vacation is necessary to accumulate a total of 80 hours of combined compensatory and vacation time to be available for future use.
F. Parental Leave: In cases where an employee is eligible for Oregon Family Leave and has been granted leave to care for an infant or newly adopted child under 18 years of age, for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age, if the child is incapable of self-care because of a mental or physical disability (“parental leave”),
1. Such employee shall be allowed to use sick leave, vacation credits or compensatory time during the period of parental leave, as provided by State law;
Chapter 4.28
SICK AND INJURY LEAVE
(New Chapter substituted by Ord.
No. 142519; effective Sept. 23, 1976.)
Sections:
4.28.010 Absence on Account of Sickness.
4.28.011 Use of Sick Leave for Care of Ill or Injured Family Members.
4.28.020 Accrual of Sick Leave Credits.
4.28.030 Payment for Illness or Injury During Vacation Period.
4.28.040 Absence on Account of Injury.
4.28.050 Absence on Account of Pregnancy.
4.28.060 Procedure for Reporting, Recording and Payment of Illness or Injury in the Line of Duty or Otherwise.
4.28.070 Employment While on Sick Leave Prohibited.
4.28.080 Funds for Payment.
4.28.090 Persons not Entitled to Sick Leave Benefits.
4.28.091 Sick Leave for Job Sharing Employees and Permanent Part-Time Employees.
4.28.100 Sick Leave Accrual During Injury Leave.
4.28.110 Counting Sick Leave Credits.
4.28.120 Leave While Receiving Disability Benefits.
4.28.130 Payment of Supplement to Employee Covered by Workmen’s Compensation.
4.28.140 No Payment Without Compliance.
4.28.150 Effect of False Statements.
4.28.160 Use of Sick Leave Credits.
4.28.170 Payment of Sick Leave Credits to Surviving Dependents.
4.28.010 Absence on Account of Sickness.
(Amended by Ord. No. 150192; passed Aug. 7, effective Sept. 8, 1980.) Payment on account of personal sickness or accident disability to any officer or employee is authorized in an amount equivalent to the time lost from scheduled duty. Exceptions to this policy are outlined in Section 4.28.090, or when such officer or employee is incapacitated to perform his duty because of the use of alcohol or any drug not prescribed by a licensed physician. However, sick leave with pay is authorized for time loss resulting from diagnosis and treatment by a licensed physician of an illness resulting from the misuse of alcohol or drugs.
4.28.011 Use of Sick Leave for Care of Ill or Injured Family Members.
(Added by Ord. No. 162108, amended by 170773, Dec. 11, 1996.) Employees not represented in collective bargaining may use accrued sick leave for the purpose of caring for an ill or injured family member who is the employee’s spouse, domestic partner, as defined by the Labor/Management Benefits Committee, parent, child or other person for whom the employee is legal guardian. A maximum of 5 days sick leave per year may be used as provided in this Subsection. However, at the discretion of the bureau manager, the use of sick leave as provided for in this Subsection may be extended beyond the 5 days maximum where special needs are demonstrated.
4.28.020 Accrual of Sick Leave Credits.
(Amended by Ord. No. 146438, 150554, 157727; and 162257, effective Aug. 17, 1989.)
A. Unless otherwise provided in a collective bargaining agreement, employees and officers assigned to a 40 hour week shall accrue sick leave at the rate of 4 hours per biweekly payroll period, or 104 hours per year of service.
B. Unless otherwise provided in a Collective Bargaining Agreement, members of the Bureau of Fire, Rescue, and Emergency Services assigned to a 53 hour week shall accrue sick leave at the rate of 5.3 hours per biweekly payroll period, or 137.8 hours per year of service. An employee assigned from a 53 hour week to a 40 hour week, or a 40 hour week to a 53 hour week, shall have sick leave credits divided or multiplied respectively by the factor of 1.325 at the time of such change of assignment.
4.28.030 Payment for Illness or Injury During Vacation Period.
No payment shall be made to an employee for an absence on account of sickness or injury during a period designated in advance for vacation purposes, except upon a determination by the Commissioner In Charge, or the Auditor as to his department, that the injury or illness was of a serious nature. Prompt notification of the injury or illness, and clearance by the person in charge of the employee’s payroll unit shall be made as provided in Section 4.28.060.
4.28.040 Absence on Account of Injury.
Absence because of injury not in the line of duty shall be treated as absence because of sickness. Absence because of injury in the line of duty may be allowed; however, except as provided in Section 4.28.130, no compensation for damages, medical expenses, nor salary or wages shall be paid by the City.
4.28.050 Absence on Account of Pregnancy.
Absence because of pregnancy shall be treated the same as absence because of sickness.
4.28.060 Procedure for Reporting, Recording and Payment of Illness or Injury in the Line of Duty or Otherwise.
A. It shall be the duty of any officer or employee upon becoming disabled by sickness, or by injury in the line of duty or otherwise, to promptly notify, or cause notice to be given to, the person in charge of the employee’s payroll unit stating the nature of sickness or injury and the estimated time of absence from duty. When any person in charge of any City payroll unit learns of the absence of any officer or employee whose name appears on the payroll unit of which he has charge, he shall make inquiry concerning the cause of absence if not already informed.
B. If the officer or employee reporting off duty because of illness or injury is not at home at the time a representative of the employee’s bureau may call, such employee may be requested to present to the person in charge of his payroll unit a doctor’s certificate before any sick leave pay will be allowed. Unless otherwise provided in a labor contract, a certificate from a licensed practitioner will be required after 3 consecutive calendar days’ absence by an employee with less than 400 hours of accumulated sick leave, or 4 calendar days, if 400 or more hours have been accumulated.
C. Each certificate of disability because of illness or injury shall be approved or disapproved by the head of the bureau concerned, or the Auditor as to his department.
D. It shall be the duty of the head of each bureau to notify in writing any officer or employee who has or receives sick leave or disability or pension benefits as the result of an injury caused by a third party concerning the officer’s or employee’s responsibility under Section 2-608 of the Charter. Such notification shall point out that under the Charter provisions:
1. If damages are collected from a third person through court action or settlement, and such damages include payment for time loss from City service, the officer or employee is obligated to repay the City the total amount paid to him by the City (total gross earnings) for such time loss, or the total amount paid to him by the City pension and disability fund for such time loss, provided, however, in no event shall such officer or employee be obligated to repay the City any monies in excess of the amount of monies collected from a third person for such time loss from City service;
2. Failure to make such reimbursement to the City shall be cause for suspension, removal or discharge; and
3. Until reimbursement is made, the City has a claim or charge against all monies and credit which may be due to accrue from the City or any agency thereof. If the head of a particular department has knowledge that the third party is represented by an insurance carrier, a copy of the letter sent to the officer or employee shall also be forwarded to such insurance carrier.
E. Any officer or employee of the City who collects damage from a third person through court action or settlement for time loss from his City service shall pay to the City Treasurer the total amount paid to him by the City (total gross earnings) for such time loss, or the total amount paid him by the City pension and disability fund for such time loss; provided, however, in no event shall such officer or employee be obligated to repay the City any monies in excess of the amount of monies collected from the third person for such time loss from his City service. Until reimbursement is made to the City as required herein, the City shall have a charge against all monies and credit which may accrue or be owing to the officer or employee from the City or any agency thereof. Failure of an officer or employee to make such payment shall be cause for suspension, removal or discharge. Any monies collected by the City Treasurer pursuant to the provisions of this Section shall be properly credited to the fund which has been charged for the sick leave involved. The City Treasurer shall notify the Auditor and the payroll unit involved of any monies received.
F. Upon reimbursement of all or a portion of time loss, sick leave previously charged shall be credited to the officer or employee for future use to the extent such repayment represents gross wages paid. No other adjustments to previous payroll records shall be made.
G. If the leave of absence for sickness or injury includes a period of inpatient hospitalization, the head of the bureau concerned, or the Auditor as to his department, may require as a condition of return to duty a certification from the attending physician that the employee is physically able to perform the normal duties of the position.
4.28.070 Employment While on Sick Leave Prohibited.
A. No officer or employee reported off duty because of illness or injury shall accept or engage in any work or employment without prior written approval of the head of his bureau.
B. Any officer or employee off duty because of illness who accepts or engages in work or employment in violation of Subsection A at any time during such off duty period shall be deemed absent without leave for the whole of such duty period and subject to suspension, removal or discharge. Sick leave benefits paid to an officer or employee for such off duty period, or any part thereof, shall be reimbursed to the City, and there shall be a charge against all monies or credits which may accrue or be owing the officer or employee by the City or any agency thereof until reimbursement is made.
4.28.080 Funds for Payment.
Payment, whether in case of sickness or injury not in the line of duty, shall be from funds appropriated for sick or injury leave. No person shall be engaged as a substitute during a sick or injury leave unless specific funds have been budgeted. Payment for sick or injury leave under this Chapter shall not be allowed when funds are not available or when authority for the employment of the officer or employee shall have been terminated.
4.28.090 Persons not Entitled to Sick Leave Benefits.
(Amended by Ord. No. 162108, effective July 1, 1989.)
A. No person employed as a consultant or expert on a contract basis, or employed temporarily for a season, or for a special period or project authorized by ordinance, or employed on a part-time or intermittent basis and not assigned regularly to a minimum of nine-tenths of the normal work hours in a biweekly pay period, shall accrue sick leave credits.
B. Sick leave credits shall accumulate from the first day of employment. However, such credits shall not be available for any absence on account of illness or injury which occurs during the first 90 days, or in the case of employees not represented in collective bargaining, during the first 30 days, of full-time employment.
C. If a person on a non-service connected disability status receives Fire and Police Disability and Retirement Fund benefits and vacation benefits simultaneously, no additional sick leave credits shall accrue during the period for which vacation benefits are received.
4.28.091 Sick Leave for Job Sharing Employees and Permanent Part-Time Employees.
(Added by Ord. No. 147362; amended by 152193; and 162108, effective July 1, 1989.)
A. Notwithstanding the provisions of Section 4.28.090 relating to assignment to nine-tenths of normal work hours, employees who share a budgeted full-time position and serve a minimum of 40 hours each pay period shall be allowed to accrue sick leave at one-half the full-time rate; permanent part-time employees who serve at least 40 hours but less than 72 hours each pay period shall be allowed to accrue sick leave in accordance with the number of hours served. Such credits shall not be available until after job sharing or permanent part-time continuous service of 520 hours, or in the case of employees not represented in collective bargaining, until after job sharing or permanent part-time continuous service of 173 hours.
B. Unless otherwise provided in 4.48.030, employees who share a budgeted full-time position and serve a minimum of 40 hours per pay period will, after 1,040 hours of continuous service, be eligible for life, dental, vision and health insurance programs. Permanent part-time employees who serve at least 40 hours but less than 72 hours each pay period will be eligible after 1,040 hours of continuous part-time service. The City and the employees will share the cost equally.
4.28.100 Sick Leave Accrual During Injury Leave.
Sick leave credits shall be allowed to accrue to an officer or employee during the first 12 months of continuous absence because of an injury in the line of duty, or as to sworn members of the Bureau of Fire or Bureau of Police, sick leave shall be allowed to accrue during the first 12 months of continuous absence because of an occupational or service connected disability which has been approved by the board of trustees of the Bureau of Fire and Police Disability Retirement Fund, provided no damage action shall be filed against the City by the sworn member of the Bureau of Fire or Bureau of Police.
4.28.110 Counting Sick Leave Credits.
A. The accrual of sick leave credits shall not be allowed to an employee for any extra day or shift worked, nor for any shift off without pay, except as provided in Section 4.28.l00.
B. An employee who is laid off and thereafter reemployed within 5 years is entitled to credit for all sick leave accrued to the date of layoff. Sick leave shall not accrue during the layoff period.
C. An employee who transfers or is promoted to another full time City position on the following work day is entitled to all sick leave accrued to the date of such transfer or promotion.
D. Any employee who is re-employed after resignation, or discharge, or being pensioned, or after a layoff of more than 5 years is not entitled to credit for sick leave that accrued during his prior City service.
4.28.120 Leave While Receiving Disability Benefits.
Unless he resigns or is dismissed from City service, an employee shall be considered on automatic leave of absence during any period for which he is receiving time loss benefits from the State Accident Insurance Fund or benefits from the Fire and Police Disability and Retirement Fund. Leave of absence upon termination of benefits must be obtained under Section 4.24.020.
4.28.130 Payment of Supplement to Employee Covered by Workmen’s Compensation.
A. Any employee whose claim has been accepted by the State Industrial Accident Fund shall be paid by the City as hereinafter provided for absence on account of an on-the-job injury or occupational illness.
B. Each new employee hired after July 1, 1974, shall be credited with 15 days of industrial accident leave. Such leave shall be available solely for absence because of an industrial injury occurring within 2 years from the employee’s date of hire. It shall be payable at the rate outlined in C. below, and used prior to any supplement based on accumulated sick leave credits. For each day that a supplemental payment is made, the industrial leave account (if available) will be reduced 1 day.
C. (Amended by Ord. No. 157339 May l5, l985.) Except as otherwise provided in this Section, the rate of pay authorized by Subsection (a) of this Section shall be equal to the difference between the employee’s daily base rate, exclusive of premiums, and the daily rate paid by Risk Management Bureau for time loss benefits.
Except as provided below, such supplemental pay shall be paid by the City for a period equal to the lesser of:
1. The number of days for which payment is made by Risk Management Bureau; or
2. The number of days of industrial leave plus the number of sick leave days credited to the employee at the time of injury. Such supplemental payment shall be made only after verification by the employee’s timekeeper as to the daily rate of the Risk Management Bureau benefit to the employee. An employee’s industrial accident leave account shall be reduced at the rate of 1 day for each day of supplemental pay allowed. However, no charge shall be made against his sick leave account.
For sworn Fire personnel, such supplement shall be paid by the City for a period equal to the lesser of:
a. The number of days for which payment is made by the Risk Management Bureau; or
b. One calendar year.
D. The employee shall receive the difference between his daily base pay and the amount received from SAIF for a holiday which falls within the period of absence if he is to receive supplemental pay for the work day preceding and following the holiday, and if he would be entitled to the holiday if he were not off duty because of the injury. The employee shall be paid in an amount equal to his base pay under the following conditions:
1. Should eligibility for supplemental injury payments be exhausted before the employee’s return to duty, he may elect to have further absence charged to any accrued vacation or postponed holidays available to him at the time of injury. Such accrued vacation or holiday time shall be paid continuously at the full daily base rate until such credits are exhausted or until the employee returns to duty.
2. Any time loss occurring on the day of an industrial injury shall be recorded and paid as time on duty. If, after return to duty from an industrial injury, there is need for subsequent outpatient medical treatment for such injury, the hours lost from duty shall be recorded and paid as injury leave;
3. If he is eligible for time loss benefits from the State Accident Insurance Fund resulting from a reported injury, but a waiting period is imposed before such benefits begin, he shall be compensated for the entire work days of such waiting period to the extent that there are industrial accident leave or sick leave credits available.
E. If overpayment is made by the City under the provisions of this Subsection, the amount of overpayment shall be taken by the City as a credit against future salary payments to the employee.
4.28.140 No Payment Without Compliance.
(Amended by Ordinance No. 173369, effective May 12, 1999.) No payment or allowance for medical, surgical, hospitalization, ambulance, or other service or material, shall be made without a full compliance with the provisions of this Chapter, and no check shall be delivered without such compliance.
4.28.150 Effect of False Statements.
It is unlawful for any person to make a false statement, or make a statement of fact without knowing it to be true, in connection with any of the matters covered by this Chapter, and if any City officer or employee knowingly makes a false statement, or statement of fact without knowing it to be true, in connection with any of said matters, he or she shall be liable to dismissal from the City’s service.
4.28.160 Use of Sick Leave Credits for Sworn Fire Personnel Covered by the Fire and Police Disability and Retirement Fund and Sworn Police Personnel upon Retirement.
(Amended by Ord. No. 157727; and 162257, effective Aug. 17, 1989.)
A. A sworn fire officer covered by the Fire and Police Disability and Retirement Fund or a sworn police officer on a 40 hour week shift who has accumulated sick leave at the time of retirement shall receive credit in an amount equal to 30 percent of the first 480 hours, 50 percent of the second 480 hours, and credit in an amount equal to 70 percent of all accumulated sick leave in excess of 960 up to a maximum of 2,064. The amount credited shall be calculated at the employee’s pay rate at the time of retirement.
B. A sworn fire officer covered by the Fire and Police Disability and Retirement Fund on a 53 hour week shift who has accumulated sick leave at the time of retirement shall receive credit in an amount equal to 30 percent of the first 636 hours, 50 percent of the second 636 hours, and credit in an amount equal to 70 percent of all accumulated sick leave in excess of 1,272 up to a maximum of 2,735. The amount credited shall be calculated on the employee’s pay rate at the time of retirement.
C. Unless otherwise provided in a labor agreement, sick leave credits accumulated under this Section will be paid in cash at the time of retirement.
D. Payment under this Section will be allowed to an officer who has been absent for a continuous period of 12 months because of an occupational or service connected disability if the Commissioner In Charge, or his designee, finds on the basis of medical evidence that the officer is permanently disabled and is unlikely to return to duty. Payments made under this Section will be based on the pay rate of the employee’s class in effect 1 year following the start of the disability absence. Such payment will exclude credits for sick leave accrued under the provisions of Section 4.28.100. Retroactive payments are authorized to retired police and fire personnel who retired under disability status since June 30, 1970, if they have not yet received payment. Such retroactive payments are limited to the percentage amount and salary provided in the applicable labor contract in effect on the 1 year anniversary of their ceasing active duty.
4.28.170 Payment of Sick Leave Credits to Surviving Dependents of any Bureau of Police Uniformed Personnel of the Rank of Lieutenant and Above and any Bureau of Fire Personnel of the Rank of Battalion Chief and Above Who Die Prior to Retirement.
(Added by Ord. No. 144490; amended by Ord. No. 144754; passed and effective Nov. 23, 1977.) The City will pay a lump sum cash payment equal to 100 percent of unused sick leave to the surviving dependents of any Bureau of Police uniformed personnel of the rank of lieutenant and above and any Bureau of Fire personnel of the rank of Battalion Chief and above who die prior to retirement.
Chapter 4.32
PENSIONS*
Sections:
4.32.010 Conditions Precedent to Granting.
4.32.020 Yearly Report.
4.32.030 Statement Required.
4.32.040 Payment by Check.
4.32.050 Retirement Allowance.
4.32.060 Temporary Supplemental Allowances.
4.32.065 Cost of Living Adjustments for Employees Retired Prior to July 1, 1947.
4.32.070 Conditions on Supplemental Allowances.
4.32.080 Policemen and Firemen Excepted.
4.32.090 Waiver of Certain Conditions.
4.32.010 Conditions Precedent to Granting.
Before any pension is granted by the City to any employee of the City, the City Physician shall report to the Council as to whether or not the applicant is fit to perform the service in which he is regularly engaged, or any other service that the City may assign to him.
4.32.020 Yearly Report.
After a pension has been granted by the City to any employee of the City it shall be the duty of the City Physician to report to the Council at least once every year stating the condition of the pensioner relative to his ability to perform any kind of service for the City. The making and filing of such report shall be a condition precedent to the continuance of such pension. Any pensioner residing without the City shall at least once every year file with the Auditor the certificate of a licensed physician, which certificate shall contain a report stating the physical condition of the pensioner.
4.32.030 Statement Required.
(Amended by Ordinance No. 173369, effective May 12, 1999.) Before the Auditor delivers to the pensioner the initial check due under disability allowance he shall require from the pensioner a statement in writing, and under oath, relinquishing any and all rights that he or she might have, or which might accrue under the Charter of the City or the Civil Service provisions thereof, and releasing and discharging the City, its officers and employees from any and all claims for injury or damage sustained or alleged to have been sustained while employed by the City, and accepting any special conditions that may be specified in the granting of a disability allowance. The Auditor shall also require a witnessed, signed statement in writing, from the pensioner, before the delivery of a check, as to whether or not such pensioner is employed at any gainful employment, and, if so, the amount of compensation being paid.
4.32.040 Payment by Check.
(Amended by Ordinance No. 173369, effective May 12, 1999.) In all cases in which a pension has or shall have been allowed by the Council to any employee of the City, the Mayor and Auditor shall draw checks in favor of any such person upon the filing of the reports, certificate, and statement provided for in this Chapter.
4.32.050 Retirement Allowance.
City employees who retire before July 1, 1947, shall be paid $4 a month for each year of City service, but not less than $50 a month regardless of length of service. In computing length of service, a part of a year less than 6 months shall be disregarded and a part of a year 6 months or more shall be considered a full year. This Section takes precedence over any ordinance provision inconsistent herewith.
4.32.060 Temporary Supplemental Allowances.
(Amended by Ord. No. 134981; passed July 27, effective July 1, 1972.) Persons who receive benefits under this Chapter or under the Public Employees Retirement System (PERS) are eligible for temporary supplemental retirement allowances as follows:
A. A temporary supplemental allowance hereby is authorized in the amount of $2 a month for each year of City service to employees who receive an allowance under Section 4.32.050.
1. In addition, an increased allowance is hereby authorized to each recipient of benefits under this Subsection. This allowance shall be computed at 25 percent of both the monthly base allowance in Section 4.32.050 and the temporary supplemental allowance authorized above. The amount of the total monthly payment shall be rounded to the nearest whole dollar;
2. In addition, payment of a one-time bonus hereby is authorized to each recipient of other benefits under this Subsection for July, 1972. The bonus shall be in the same proportion monthly benefits prior to July 1, 1972, as the annual dividend paid under PERS in December, 1971, was to monthly PERS benefits paid prior to January 1, 1972.
B. A temporary supplemental allowance hereby is authorized in the amount of $2 a month for each year of City service prior to July 1, 1947, for employees who retired under PERS before April 7, 1953, and for whose service the City at any time did not pay a social security contribution. Length of service as determined under PERS, but excluding any period in which the employee served as a public official, shall be used in computing this benefit.
4.32.065 Cost of Living Adjustments for Employees Retired Prior to July 1, 1947.
(Added by Ord. No. 135975; amended by 137674; passed and effective Jan. 3, 1974.) Effective July 1, 1973, any person who retired from City employment prior to July 1, 1947, subject to any City retirement system other than PERS, shall be adjusted annually to reflect the percentage increase or decrease in the cost of living for the previous calendar year. Such increase or decrease shall not exceed 2 percent of any monthly allowance in any year and no allowances shall be adjusted to an amount less than the amount to which the member would be entitled if no cost of living adjustment were authorized. The amount of any cost of living increase or decrease in any year in excess of the maximum annual retirement allowance adjustment of 2 percent shall be accumulated from year to year and shall be included in the computation of increases or decreases in succeeding years. As soon as practicable after January 1 each year, based on the Consumer Price Index (Portland Area - All Items) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Portland, Oregon area, the Auditor of the City of Portland shall determine the percentage increase or decrease in the cost of living for the previous calendar year. Prior to July 1, each year, the allowance which the retired employee is receiving or is entitled to receive on August 1 for the month of July, shall be multiplied by the percentage figure determined and subject to the 2 percent limitations listed above. The retired employee’s allowance for the next 12 months will be adjusted beginning July 1 to the resultant amount.
4.32.070 Conditions on Supplemental Allowances.
A. Monthly temporary supplemental allowances shall not be paid for any part of a retired employee’s total service exceeding 20 years.
B. (Amended by Ord. No. 135921; passed and effective Jan. 25, 1973.) Except for the increased allowances or the one-time bonus payments which became effective on July 1, 1972, and resulted from computations under Section 4.32.060 or a dividend payable under PERS, the amount of a monthly temporary supplemental allowance paid any person shall be reduced so that aggregate monthly benefits, from all sources, for his City service shall not exceed $150.
C. Any allowance paid under this Chapter terminates upon the death of the retired employee and is not payable to his survivors, dependents or beneficiaries. The allowance shall be prorated for the month in which the employee dies.
4.32.080 Policemen and Firemen Excepted.
(Amended by Ord. No. 134940; passed July 20, effective Aug. 21, 1972.) The provisions of this Chapter do not apply to any pensions paid to firemen or policemen from special funds, or to payments authorized by Section 4.32.100.
4.32.090 Waiver of Certain Conditions.
Whenever any person receiving a pension under the provisions of this Chapter shall have attained the age of 65 years, such person shall be relieved from submitting a yearly physical report as required by Section 4.32.020, and shall further be relieved from submitting an employment status statement as required by Section 4.32.030.
4.32.100 Payments to Beneficiaries of Policemen and Firemen.
(Repealed by Ordinance No. 173369, effective May 12, 1999.)
Chapter 4.36
EMPLOYEE REQUIREMENTS
Sections:
4.36.010 Retention of Employees Beyond Age 70.
4.36.020 Bureau of Fire, Emergency Medical Technician Requirements.
4.36.030 Bureau of Police, First Aid Course Requirements.
4.32.040 Cost of Training.
4.36.010 Retention of Employees Beyond Age 70.
(Amended by Ord. No. 146931, and 149027; passed and effective Jan. 16, 1980.) Effective June 13, 1980, each employee of the City who is covered by the Public Employee’s Retirement Act of the State, who desires to remain in the employment of the City beyond the normal retirement age of 70, shall, prior to the date of normal retirement, submit a request in writing to the Commissioner In Charge, or the Auditor, as to his/her department.
If the Commissioner In Charge, or the Auditor, as to his/her department, determines that continued service of the employee would be in the interest of both the City and the public, he/she shall so notify the employee, stating his/her reasons. A copy of such notice shall be sent to the Public Employees Retirement Board and the personnel director for the City of Portland.
The retention of any employee past normal retirement age shall be reviewed annually until the employee reaches the age of 75. Any employee continuing in employment past compulsory retirement age may be retired if the Commissioner In Charge, or the Auditor, as to his/her department, determines and states in writing to the employee, the Board, and the Personnel Director the reason the continued service would not be in the employer’s or public interest. Retirement under this Section is not subject to appeal.
4.36.020 Bureau of Fire, Emergency Medical Technician Requirements.
(New Section substituted by Ord. No. 160238 Nov. 5, 1987.)
A. All sworn members, below the rank of battalion chief, of the Fire Bureau shall complete an Emergency Medical Technician I (EMT I) course, or equivalent.
B. All such members shall thereafter become certified as an EMT I or equivalent and while in the employ of the Fire Bureau shall maintain such certification in a current status in accordance with the Oregon Health Division standards.
C. All sworn Fire Bureau employees who are not certified as EMT I’s, except probationary employees, and employees assigned to Fire Alarm Dispatch, shall complete the EMT I course and obtain EMT I certification on or before October 31, 1988.
D. Persons hereafter entering the sworn employment of the City in the Fire Bureau who have not completed an EMT I course shall be required to do so, or equivalent, within 1 year from completion of their probationary employment.
E. Exceptions to this requirement shall not be allowed except with the express written approval of the Chief of the Bureau of Fire.
4.36.030 Bureau of Police, First Aid Course Requirements.
(New Section substituted by Ord. No. 142731; passed and effective Oct. 28, 1976.) All sworn members of the Bureau of Police of the rank of police officer shall be required to have completed and have a certificate so indicating a first aid course approved by a federal or state agency or the board of police standards and training. All such sworn members presently employed, excepting probationary employees, who do not have a certificate of completion, shall complete such course within 1 year from November 1, 1976. Persons hereinafter entering sworn employment in the Bureau who do not have a certificate of completion shall be required to complete such course within their probationary period. All such members, once certified, shall keep the first aid certification current, meeting the requirements applicable to the approved program.
4.36.040 Cost of Training.
(New Section substituted by Ord. No. 142731; passed and effective Oct. 28, 1976.) The first aid course required by Sections 4.36.020 and 4.36.030 shall be made available without cost to the individuals, and it shall be the duty of the respective bureaus to budget and pay such costs as are necessary to make available the required course of instruction, including the cost of all textbooks required therein.
Chapter 4.40
EMPLOYEE REPRESENTATION
Sections:
4.40.010 Definitions.
4.40.020 Privilege of Representation.
4.40.030 Coercion Prohibited.
4.40.040 Petitions for Recognition.
4.40.050 Report on Petition for Recognition.
4.40.060 Council Hearing on Objections to Report.
4.40.070 Council Hearing on Petition for Recognition.
4.40.080 Recognition of Bargaining Units by Council.
4.40.090 Recognition of Bargaining Agents by Council.
4.40.100 Transmitting Petition to State Board.
4.40.110 Authority of State Board.
4.40.120 Designation of Appropriate Bargaining Units.
4.40.130 Duration of Bargaining Units.
4.40.140 Continuation of Bargaining Agent Recognition.
4.40.150 Suspension of Recognition.
4.40.160 Withdrawal of Recognition.
4.40.170 Petitions for Withdrawal of Recognition.
4.40.180 Cooperation in Administration.
4.40.190 Presentation of Grievances Without Intervention.
4.40.200 Effect of Procedural Errors.
4.40.210 Negotiation on Budget Matters.
4.40.010 Definitions.
As used in this Chapter:
A. “Bargaining agent” means a labor organization recognized by the City Council, or certified by the State Board, as the exclusive representative of all employees in a bargaining unit for purposes of collective bargaining;
B. “Bargaining unit” means a distinct and homogeneous group of City employees recognized by the City Council, or designated by the State Board, as appropriate for representation by a labor organization for the purpose of collective bargaining. The group may include all City employees, City employees in a particular department, bureau or office, or City employees in a particular trade, craft, or occupation, whether for the City as a whole or any part thereof;
C. “City employee” means any full-time employee appointed under Section 11-201 of the Charter and any permanent employee in the classified City service, excluding:
1. Employees in the City Auditor’s office whose assignment includes custody of, or control over, confidential information on City employees,
2. Supervisory personnel having authority, in exercise of their independent judgment, to effectively recommend the employment, transfer, suspension, lay off, promotion, demotion, discharge or assignment of other employees,
3. Employees on a nonpay status on the regular City payroll,
4. Personnel in the offices of the Mayor (including the Budget and Employee Relations Offices), City Commissioners, City Attorney and Civil Service Board;
D. “Collective bargaining” means a process whereby City and bargaining agent representatives meet at reasonable times and confer in good faith to determine employment relations or the negotiation of an agreement or understanding, or any question arising thereunder. The Mayor and the Commissioner or Commissioners whose departments include all or part of the bargaining unit involved, or representatives they designate, shall represent the City in collective bargaining;
E. “Employment relations” includes monetary benefits, hours of employment, vacations, sick leave, grievance procedures and other conditions of employment;
F. “Labor organization” means any organization that includes City employees and has as one of its primary purposes the representation of those employees in their employment relations with the City;
G. “State Board” includes the Bureau of Labor of Oregon, the Commissioner of Labor, the Public Employee Relations Board, the State Conciliation Service, and any ad hoc committee of persons appointed by the Commissioner of Labor or the Public Employee Relations Board who are knowledgeable in labor relations.
4.40.020 Privilege of Representation.
City employees hereby are granted the option and privilege to form, join and be active in labor organizations for the purpose of representation and collective bargaining. The provisions of this Chapter shall be liberally construed to permit the exercise of this option and privilege insofar as consistent with the public interest.
4.40.030 Coercion Prohibited.
It is unlawful for any person to interfere with, intimidate, restrain, coerce or discriminate against a City employee because of the exercise of an option, privilege or right granted by this Chapter or any agreement executed under this Chapter.
4.40.040 Petitions for Recognition.
A labor organization may petition the City Council for recognition as a bargaining agent. The petition shall be filed with the City Auditor and include:
A. The name, address and telephone number of the labor organization and the name, office address and telephone number of the officer authorized by the labor organization to communicate with the City regarding the petition;
B. A description of the proposed or existing bargaining unit which the petitioner seeks to represent;
C. A showing of interest of City employees who represent not less than 30 percent of the City employees in the bargaining unit described in the petition. The showing of interest may be by one or more of the following methods:
1. Signatures of City employees in the petition and a certification attached to the petition, executed by an officer of the labor organization on the day of filing the petition, which reads:
“I, . . . . . . . . (name of officer), the . . . . . . . . . . . . . . . . . . (title of office) of the . . . . . . . . . . . . . . . . . . .(name of labor organization), hereby certify that all signatures of City employees on the attached petition were obtained within 90 days of this date, the . . . . . day of . . . . . . . . . . . . . . . ., 19 . . . . .
. . . . . . . . . . . . . . . .
(signature)
2. Bargaining authorization cards of City employees attached to the petition and a certification on the petition, executed by an officer of the labor organization on the day of filing the petition, which reads:
“I, . . . . . . . . . . . . (name of officer), the . . . . . . . . . . . . . . . .(title of office) of the . . . . . . . . . . . . . . . . . . . . . . . . . . (name of labor organization) hereby certify that the bargaining authority given by labor organization by each of the authorization cards attached to this petition has not been withdrawn as of this date, the . . . . . . . . day of . . . . . . . . . . . . . . . , 19 . . . . . .
. . . . . . . . . . . . . . . . .
(signature)
3. A dues checkoff list prepared by the City Auditor and attached to the petition, bearing the names of City employees who have authorized a payroll deduction of dues to be remitted to the petitioner and a certification, executed by an officer of the labor organization on the day of filing the petition, which reads:
“I, . . . . . . . . . . . . . . . . (name of officer), the . . . . . . . . . . . . . . . . . .(title of office) of the . . . . . . . . . . . . . . . . . . (name of labor organization) hereby certify that each City employee whose name appears on this dues checkoff list is a member of my labor organization as of this date, the . . . . . day of . . . . . . . . . . . . . . , 19 . . . . . . .
. . . . . . . . . . . . . . . . . . .
(signature)
4.40.050 Report on Petition for Recognition.
Upon the filing of a petition for recognition, the City Auditor shall direct the Employee Relations Officer of the City to prepare a report on the petition. The report shall include:
A. The number of City employees in each classification, and the total number of City employees in all classifications, in the described bargaining unit;
B. The number of City employees in each classification, and the total number of City employees in all classifications, in the described bargaining unit who have signed the petition;
C. If the petition proposes a new bargaining unit or the alteration of an existing bargaining unit, a statement of the effect, if any, that the proposal will have upon existing or other proposed or recommended bargaining units;
D. A list, by classifications, bearing the name, place of employment and last known address of each City employee in the described bargaining unit.
The report shall be filed with the City Auditor within 20 days after the petition is filed. At any time before the report is filed, however, a labor organization may amend its petition by filing a written notice with the City Auditor that it is withdrawing from further consideration a segment of the bargaining unit described in the petition. In that event the report shall be filed with the City Auditor within 20 days after the written notice is filed. A copy of the report shall be furnished each City Commissioner, the petitioner, and any other labor organization that has requested it.
4.40.060 Council Hearing on Objections to Report.
If the report of the Employee Relations Officer under Section 4.40.050 states that the petition described all or part of a bargaining unit proposed by another petition for the recognition not finally acted upon by the Council or the State Board, the City Auditor shall schedule on the Council Calendar as a matter to be considered the second Thursday after the report is filed, a hearing on the report and any objections thereto. As a result of this hearing, the Council may modify the report or accept it as filed and may transmit the same to the State Board for determination as provided in this Chapter. Unless modified by the State Board under Section 4.40.110, the numerical figure and list of City employees contained in the report thereafter shall apply to the petition in all proceedings.
4.40.070 Council Hearing on Petition for Recognition.
Upon adoption of a report of the Employee Relations Officer under Section 4.40.060, the City Auditor shall schedule on the Council Calendar, as a matter to be considered the second Thursday following that adoption, a hearing on the petition for recognition. The City Auditor promptly shall give written notice of the hearing to City employees in the bargaining unit described in the petition, either by mail or by posting at their place of employment; to the petitioner; and to any other labor organization that has requested it.
4.40.080 Recognition of Bargaining Units by Council.
In the hearing under Section 4.40.070, if the petition proposes a bargaining unit not theretofore recognized by the Council or designated by the State Board, the Council first shall consider whether the proposed bargaining unit is appropriate. The Council may either recognize the proposed bargaining unit as being appropriate or direct the City Auditor to transmit the matter to the State Board for determination. However, no recognition may be given a proposed bargaining unit under this Section when:
A. An objection to the proposed bargaining unit is made by a City employee in that unit or by an officer of a labor organization that represents 2 or more City employees in that unit, whether the objection is in writing, signed and filed with the City Auditor prior to the hearing or is submitted to the Council orally or in writing at the hearing; or
B. A petition for recognition is filed under Section 4.40.040 by another labor organization and the petition describes a bargaining unit that would include all or part of the proposed bargaining unit being considered by the Council.
4.40.090 Recognition of Bargaining Agents by Council.
In the hearing under Section 4.40.070, if the petition describes an existing bargaining unit, or if the Council has found the proposed bargaining unit to be appropriate under Section 4.40.080, the Council shall consider whether the petitioner should be recognized as bargaining agent for that unit. The Council may either recognize the petitioner as bargaining agent for that unit or direct the City Auditor to transmit the matter to the State Board for determination. However, no recognition of the petitioner as bargaining agent may be given by the Council if:
A. The Council finds evidence that at the time of hearing the petitioner does not represent more than half of the City employees in the bargaining unit; or
B. The Council is recognizing another labor organization as bargaining agent for the same unit; or
C. An intervening petition has been filed by another labor organization seeking recognition as bargaining agent for the same unit. The intervening petition shall comply with the provisions of Section 4.40.040, but shall include a showing of interest of not less than ten percent of the City employees in the bargaining unit.
4.40.100 Transmitting Petition to State Board.
When the City Auditor is directed under Section 4.40.080 or 4.40.090 to transmit to the State Board the matter of a petition for recognition, he shall within 14 days deliver to that Board:
A. The petition for recognition;
B. The report of the Employee Relations Officer on the petition;
C. Any written objection to the petition which was filed or submitted under Section 4.40.080;
D. Any intervening or other petition that describes all or part of the same bargaining unit and the report of the Employee Relations Officer thereon; and
E. A transcript of the Council hearing on the petition.
4.40.110 Authority of State Board.
When the matter of a petition for recognition is transmitted to the State Board under Section 4.40.100, the board is by this Section requested to take one or more of the following actions:
A. Accept or modify any report of the Employee Relations Officer on a petition;
B. Reject a petition if it does not contain a sufficient showing of City employee interest;
C. Subject to the provisions of Section 4.40.120, designate an appropriate bargaining unit or units;
D. Schedule and conduct an election or elections to determine by secret ballot whether a majority of City employees voting desires to be included in any proposed bargaining unit, or desires representation by a petitioner or no representation, and certify the result of any representation election or elections to the Council. In scheduling and conducting elections, the State Board is further requested to follow those rules and procedures which are followed in scheduling and conducting elections at the request of other governmental employers.
4.40.120 Designation of Appropriate Bargaining Units.
A. When the matter of a petition for recognition is transmitted to the State Board under Section 4.40.080, the board is by this Section requested to conduct a hearing on whether a proposed bargaining unit is appropriate. The hearing should be held only after written notice of the date, time and place thereof is given by the Board to the City Auditor, and after that notice has been transmitted by the City Auditor to the Council; to City employees in the bargaining unit described in the petition, either by mail or by posting at their place of employment; to the petitioner or petitioners; and to any other labor organization that has requested it.
B. In determining whether a proposed bargaining unit is appropriate, the State Board may consider evidence presented by any petitioner or other labor organization, by any City employee in a proposed bargaining unit, and by persons authorized to speak on behalf of the Council, as to the community of interest of City employees in a proposed unit, including compensation, similarity of job duties, common supervision and common skills, educational requirements, job location, and bargaining history. In addition, the Board may conduct elections under Section 4.40.110 D to determine the desire of employees in any proposed bargaining unit, and may hear and determine any objections to the report of the Employee Relations Officer relating to a petition for recognition.
4.40.130 Duration of Bargaining Units.
A bargaining unit shall continue to be recognized as such for the purpose of collective bargaining for not less than 1 year and until that unit is modified or rejected in subsequent proceedings under this Chapter. Nothing in this Chapter shall be construed to prevent the Council from creating or abolishing classifications or positions in the City service, except that new classifications with interests or job functions similar to those of a classification in an existing bargaining unit shall be included in that unit.
4.40.140 Continuation of Bargaining Agent Recognition.
A bargaining agent recognized by the Council under Section 4.40.090 or certified by the State Board under Section 4.40.110 shall continue to be recognized for a period of not less than 1 year from the date of recognition. If a petition for recognition has been acted upon under this Chapter and the Council has recognized the petitioner, or the State Board has conducted a representation election, the City Auditor shall not, for a period of 1 year from the date of that recognition or election, accept for filing any other petition describing all or part of the same bargaining unit as in the petition acted upon.
4.40.150 Suspension of Recognition.
Notwithstanding the provisions of Section 4.40.140 recognition of a bargaining agent shall be suspended if, and so long as, the Council finds that the bargaining agent:
A. Fails to represent all City employees in its unit equally, without regard to their membership or activities in the labor organization;
B. Discriminates against any City employee because of age, race, color, creed, national origin, or political affiliation or activity.
4.40.160 Withdrawal of Recognition.
Subject to Section 4.40.140, recognition of a bargaining agent is withdrawn when:
A. Another labor organization subsequently is recognized as bargaining agent for all or part of the same bargaining unit, provided, where the subsequent recognition involves only part of the same bargaining unit, the previously recognized bargaining agent shall continue to represent the remainder of that bargaining unit;
B. A petition for withdrawal of recognition of a bargaining agent is adopted by the Council or the bargaining agent is decertified by the State Board.
4.40.170 Petitions for Withdrawal of Recognition.
A petition for withdrawal of recognition of a bargaining agent shall be considered by the same procedures provided in this Chapter for a petition for recognition of a bargaining agent for an existing bargaining unit. When the petition is for withdrawal of recognition:
A. All references in this Chapter to recognition, certification and representation shall be construed as references to withdrawal of recognition, decertification and no representation, respectively;
B. The petition need not refer to a labor organization as otherwise required under Section 4.40.040 if those signing the petition do not act for or on behalf of a labor organization.
4.40.180 Cooperation in Administration.
A. City officials and supervisors shall, upon request, give assistance to personnel of the City and of the State Board in administering the provisions of this Chapter.
B. Where it is possible without disruption of public service, supervisors shall permit City employees an opportunity to participate at hearings and in elections provided for in this Chapter.
4.40.190 Presentation of Grievances Without Intervention.
An individual City employee or group of City employees shall have the right at any time to present grievances to their supervisor, the person in charge of their office or bureau, or the Commissioner In Charge of their department, and to have those grievances adjusted without intervention of a bargaining agent if:
A. The adjustment is not inconsistent with the terms of any collective bargaining agreement or memorandum of understanding then in effect; and if,
B. The bargaining agent is given an opportunity to participate at the adjustment.
4.40.200 Effect of Procedural Errors.
A. A procedural error in the administration of this Chapter does not invalidate the result of a hearing or election under this Chapter if the error can be corrected without jeopardy to the rights or privileges granted City employees.
B. Failure to give notice to a City employee does not invalidate the result of a hearing or election under this Chapter unless it can be shown that the failure may have affected that result.
4.40.210 Negotiation on Budget Matters.
If, after March 1 of any year, an agreement or understanding has been negotiated between a bargaining agent and the City that includes any benefit to be financed by an appropriation in the City budget for the ensuing fiscal year, and if a new bargaining agent thereafter is recognized or certified to represent all or part of the same unit covered by that agreement or understanding, such a benefit for the ensuing fiscal year shall not be a subject of negotiation with the new bargaining agent.
Chapter 4.44
DEFERRED COMPENSATION
(New Chapter Substituted by Ord. No.
161529, passed Dec. 29, 1988,
effective Jan. 1, 1989.)
Sections:
4.44.010 Definitions.
4.44.020 Purpose.
4.44.030 Administration.
4.44.040 Participation in the Plan.
4.44.050 Compensation Deferral.
4.44.060 Deferred Compensation Accounts.
4.44.070 Payment Options.
4.44.080 Distribution of Benefits Generally.
4.44.090 Benefits Upon Separation from Service; Election Upon Separation from Service.
4.44.100 Distribution Commencing Before Death of Participant.
4.44.110 Distribution Commencing After Death of Participant.
4.44.120 Hardship Payments.
4.44.130 Non-Assignability.
4.44.140 Amendment and Termination.
4.44.150 Plan to Plan Transfers.
4.44.010 Definitions.
(Amended by Ordinance Nos. 168284 and 172901, effective December 2, 1998 .) As used in this Chapter, unless the context otherwise requires:
A. “Account” means the bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant’s Deferred Compensation, including any income, gains or losses attributable to the City’s investment of the Participant’s Deferred Compensation, and further reflecting any distributions to the Participant or the Participant’s Beneficiary and any fees or expense charged against such Participant’s Deferred Compensation.
B. “Beneficiary” means the person(s) designated by the Participant to receive any benefits payable under the plan in the event of the Participant’s death. The term Beneficiary includes the Participant’s estate.
C. “Beneficiary Designation” means a document specifying the Beneficiary/Beneficiaries who is/are to receive any part of the Participant’s Account in the event of the Participant’s death.
D. “Committee” means the Deferred Compensation Advisory Committee;
E. “Compensation” means the total annual remuneration for employment payable by the City that would be included in the Federal gross income of the Participant but for the Participant’s election to participate in the Plan.
F. “Deferred Compensation” means the amount of Compensation otherwise payable to the Participant that the Participant and the City mutually agree shall be deferred in accordance with the provisions of the Plan.
G. “Employee” means an elected official of the City, a full-time City Employee who occupies a permanently budgeted position; job-sharing City Employees, and permanent part-time City Employees as defined in Title 4 of this Code;
H. “lncludable Compensation” means the remuneration for service performed for the City which is currently includable in gross income (such amount will not include any amounts excluded from gross income pursuant to this Chapter);
I. “Normal Retirement Age” means age 70-1/2 or that age selected in writing by a Participant in accordance with this Subsection. A Participant’s Normal Retirement Age determines the period during which a Participant may defer those amounts described in Section 4.44.050 C. Once a Participant has to any extent utilized the “catch up” provisions of Section 4.44.050 C, the Participant’s Normal Retirement Age may not be changed. As an alternative to age 70-1/2, a Participant may, at any time prior to Separation from Service or prior to utilization of the “catch up” provisions of Section 4.44.050 C, designate his or her Normal Retirement Age to be any of the following:
1. Any age which is:
a. Not earlier than the earliest age at which the Participant has the right to retire and receive immediate and unreduced retirement benefits from the pension plan of which the Participant is a member (i.e., the Fire and Police Disability, Retirement and Death Benefit Plan for fire fighters and police officers who are members of that Plan and the Public Employee’s Retirement System (PERS) for all other Participants); and
b. Not later than the date the Participant attains age 70-1/2, or
2. For a Participant who continues in the service of the City after attaining age 70-1/2 not having previously elected an alternate Participant’s Normal Retirement Age pursuant to 1. above, the Normal Retirement Age shall not be later than the Participant’s mandatory retirement age, if any, or the age at which the Participant actually separates from service with the City.
J. “Participant” means any Employee who fulfills the eligibility and enrollment requirements of this Chapter;
K. “Participation Agreement” means an agreement between the City and a Participant, on a form prescribed by the City, that provides for payment to the Participant at a future date for service currently rendered by the Participant to the City;
L. “Plan” means the program established by this Chapter which has as its purposes the deferral of Compensation to Participants and the deferral of income taxation on the Deferred Compensation;
M. “Plan Year” means a calendar year;
N. “Risk Manager” means the City employee that manages the Bureau of Risk Management, which manages all the City’s Employee Benefits Programs.
O. “Separation from Service” means the severance of the Participant’s employment with the City. A Participant shall be deemed to have severed his employment with the City when, in accordance with the established practices of the City, the employment relationship is considered to be terminated.
P. “Unforeseeable Emergency” means severe financial hardship to the Participant resulting from a sudden and unexpected illness or accident of the Participant or of a dependent (as defined in Section l52a of the Internal Revenue Code) of the Participant, loss of the Participant’s property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that will constitute an Unforeseeable Emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such hardship is or may be relieved;
1. Through reimbursement or compensation by insurance or otherwise;
2. By liquidation of the Participant’s assets to the extent the liquidation of such assets would not itself cause severe financial hardship; or
3. By cessation of deferrals under this Chapter.
Examples of what are not considered to be unforeseeable emergencies include the need to send a Participant’s child to college or the desire to purchase a home.
4.44.020 Purpose.
The purpose of this Chapter is to establish a program that has as its purposes the deferral of Compensation to eligible Employees and the deferral of income taxation on the Deferred Compensation.
4.44.030 Administration.
(Amended by Ordinance Nos. 168284, 171493 and 172901, effective December 2, 1998.) This Chapter shall be administered by a Deferred Compensation Advisory Committee (the Committee) with the assistance of the Bureau of Risk Management. The Committee shall consist of the Director of the Office of Finance and Administration or his or her designee, the City Treasurer and the Accounting Manager. The City Treasurer shall serve as Chairperson. The Committee shall study all matters connected with providing a deferred compensation plan on the best basis possible with relation both to the welfare of the Participants and the City. The Committee shall have authority to devise specifications for deferred compensation plans, advertise for responses and bids, and analyze responses. The Risk Manager, or his or her designee, at the direction of the Committee, is authorized to execute all contracts as well as any other documents required to administer the Plan, on behalf of the City. The Committee members may participate in the Plan established herein if otherwise eligible, but shall not be entitled to participate in decisions relating solely to their own participation.
4.44.040 Participation in the Plan.
(Amended by Ordinance Nos. 162108, 165399, 166025, 168284, 169303 and 172901, effective December 2, 1998.)
A. Eligibility. Employees shall be eligible to enroll as Participants in the Plan, as provided in this Section, on the first day of the month following the month in which they will have completed 30 days in a paid status. A Participant who terminates his or her employment with the City and then returns to City employment after the expiration of 12 calendar months following said termination date must comply with the eligibility waiting period applicable to such person upon his or her return before being eligible to participate in the Plan again. A Participant’s right to participate to have his or her salary reduced in connection with the Plan shall cease in the event the Participant takes a leave of absence without pay, but any such Participant may continue full participation in the Plan upon returning to pay status with the City. Participants who request and are granted a hardship withdrawal from their deferred compensation account may not have their salaries reduced under the terms of this Chapter for a period of 6 months following such hardship withdrawal.
B. Enrollment in the Plan. An eligible Employee may become a Participant and defer Compensation not yet earned by executing a written Participation Agreement. Compensation will be deferred for any calendar month only if a Participation Agreement providing for such deferral has been entered into at least 2 weeks before the beginning of such month.
The Participation Agreement shall be on a form provided by the City, which shall include the following:
1. The Participant’s name and Social Security number;
2. The dollar amount of Compensation to be deferred;
3. The investment or deposit preference;
4. Other relevant statements necessary and appropriate for carrying out the purposes of this Chapter.
When an eligible Employee executes a Participation Agreement, a Beneficiary Designation form shall also be completed. A Participant may change the Beneficiary Designation at any time by filing a new Beneficiary Designation with the Bureau of Risk Management, Employee Benefits Office. A change of Beneficiary Designation shall become effective on the date received by the Bureau of Risk Management, Employee Benefits Office.
The City, upon written request of an eligible Employee, will reduce each pay period the salary of the eligible Employee by an amount of money designated by that Employee in the Employee’s Participation Agreement. The City may pay that amount to the financial institution designated in the Employee’s Participation Agreement.
A Participant may modify his or her Participation Agreement as to the amount of Compensation not yet earned to be deferred once per month during each Plan Year and may modify said agreement as to investment or deposit option once per month during each Plan Year. Any modification as to the amount of Compensation to be deferred by a Participant must be made and filed with the Bureau of Risk Management, Employee Benefits Office at least 2 weeks prior to the month in which said modification is to become effective.
A Participant may revoke the Participation Agreement at any time with respect to any pay period by notifying the Bureau of Risk Management, Employee Benefits Office, in writing, at least 2 weeks prior to the date upon which the Participant desires the revocation to be effective.
A Participant who has terminated his or her employment or who has revoked the Participation Agreement may again participate in the Plan, provided that he or she is eligible, by executing a new Participation Agreement.
For purposes of Plan administration, a revocation of a Participation Agreement will be considered a Participation Agreement modification. The most recent Participation Agreement shall be controlling with respect to all accounts, including amounts deferred under prior agreements.
4.44.050 Compensation Deferral.
(Amended by Ordinance Nos. 168284, 170817, 171217, 171493, and 172901, effective December 2, 1998.) The amount of Compensation which may be deferred by a Participant shall be subject to the following limits:
A. The minimum amount deferred shall be $10 per pay period;
B. The maximum amount of Compensation which may be deferred during a plan year shall be the lesser of
1. $7,500 as adjusted for the calendar year to reflect increases in cost-of-living in accordance with sections 457(e)(15) and 415(d) of the Internal Revenue Code.
2. 33-1/3 percent of the Participant’s Includable Compensation.
C. Notwithstanding the language of Subsection B. hereof, during each of a Participant’s last 3 taxable years ending before the Participant attains Normal Retirement Age, the maximum amount deferred shall be the lesser of
1. $15,000, or
2. The sum of the maximum allowed under Subsection B. for the taxable year plus so much of the maximum established for purposes of Subsection B. for taxable years before the taxable year as has not theretofore been used under Subsection B. or this Subsection.
D. Coordination with other plans. If a Participant participates in more than one deferred compensation plan authorized under Section 457 of the Internal Revenue Code (IRC), the maximum deferral under all such plans shall not exceed $7,500, as adjusted by the Secretary of the Treasury (subject to modification by the catch-up limitation described in paragraph C. above), which also shall apply to all IRC Section 457 plans in which the Participant participates. If a Participant participates in a plan described in Section 403 (b), 401 (k), 408 (k) or 501 C (18) of the IRC, amounts deferred by the Participant to such plan(s) and excluded from the Participant’s gross income in any taxable year under such plan(s) shall reduce the limitation described in paragraph B. of this Section and the catch-up limitation described in paragraph C. of this Section.
E. This Plan will be administered in accordance with Section 414(u) of the Internal Revenue Code of 1986, as amended, for employees who return to work after absences from employment due to military service. Accordingly, notwithstanding the provisions of this section limiting the amount of compensation which may be deferred under the Plan, a Participant who is entitled to reemployment pursuant to the terms of the Uniformed Services Employment and Reemployment Act of 1994 (USERRA) may defer an additional amount under the Plan as provided in that Act for the years of his or her service in the uniformed services (as defined in USERRA). Any such deferrals will not be subject to the annual limits on deferrals set forth in this section in the year in which deferred, but will be subject to the limits for the year to which such deferrals relate. This subsection shall apply retroactively to December 12, 1994.
4.44.060 Deferred Compensation Accounts.
(Amended by Ordinance Nos. 171493 and 172901, effective December 2, 1998.)
A. The City shall maintain Accounts and records necessary and appropriate to the efficient administration of this Chapter, and such Accounts and records shall be maintained by the City until a Participant or his or her designated Beneficiaries have received the payment of such amounts as they are entitled to receive under the terms of the applicable Participation Agreement.
B. All amounts of Compensation deferred pursuant to this Chapter, shall be held in a trust, custodial account or contract described in Internal Revenue Code Section 457(g). Any change in the net value of the assets of a Participant invested under the Plan shall result in a commensurate change in the total amount distributable to the Participant or the Beneficiary of the Participant and shall not result in any increase or decrease in the net worth of the City.
1. As to those amounts held in trusts, notwithstanding any contrary provision of the Plan, in accordance with section 457(g) of the Internal Revenue Code, all amounts of compensation deferred pursuant to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held in trust for the exclusive benefit of participants and beneficiaries under the Plan. Any trust under the Plan shall be established pursuant to a written agreement that constitutes a valid trust under the law of the State of Oregon. All amounts of compensation deferred under the Plan shall be transferred to a trust established under the Plan within a period that is not longer than is reasonable for the proper administration of the accounts of participants.
2. As to those amounts held in annuity contracts, notwithstanding any contrary provision of the Plan, including any annuity contract issued under the plan, in accordance with section 457(g) of the Internal Revenue Code, all amounts of compensation deferred pursuant to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held in one or more annuity contracts, as defined in section 401(g) of such Code, issued by an insurance company qualified to do business in the State of Oregon, for the exclusive benefit of participants and beneficiaries under the Plan. For this purpose, the term “annuity contract” does not include a life, health or accident, property, casualty, or liability insurance contract. All amounts of compensation deferred under the Plan shall be transferred to an annuity contract described in section 401(f) of the Internal Revenue Code within a period that is not longer than is reasonable for the proper administration of the accounts of participants.
3. As to those amounts held in custodial accounts, notwithstanding any contrary provision of the Plan, in accordance with section 457(g) of the Internal Revenue Code, all amounts of compensation deferred pursuant to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held in one or more custodial accounts for the exclusive benefit of participants and beneficiaries under the Plan. For purposes of this paragraph, the custodian of any custodial account created pursuant to the Plan must be a bank as described in section 408(n) of the Internal Revenue Code, or a person who meets the nonbank trustee requirements of paragraphs (2)-(6) of section 1.408-2(e) of the Income Tax Regulations relating to the use of nonbank trustees. All amounts of compensation deferred under the Plan shall be transferred to a custodial account described in section 401(f) of the Internal Revenue Code within a period that is not longer than is reasonable for the proper administration of the accounts of participants.
C. When a Participant agrees to participate in the Plan, the Participant may indicate his or her preference with respect to the investment or deposit option to be used in investing or depositing the Participant’s deferred income hereunder, but the Participant’s choice shall not be binding on the City.
4.44.070. Payment Options.
A. Subject to the restrictions on the distribution of benefit payments appearing in Sections 4.44.080, 4.44.090, 4.44.100 and 4.44.110, the options available to a Participant or Beneficiary for distributing the value of the Participant’s Account are
1. Lump Sum
2. Substantially equal monthly, quarterly, semi- annual or annual installments until the Account is exhausted.
3. Substantially equal monthly, quarterly, semi- annual or annual payments for a designated period.
4. Periodic payments for the life of the Participant with continuation of the payments or a percentage of the payments for the lifetime of the Participant’s spouse.
5. Payments equal to payments made by the issuer of a retirement annuity policy acquired by the City.
6. Such other option as the City may, in its sole discretion, provide.
B. A Participant or Beneficiary must select a payment option at least 30 days before the payment of benefits is to commence. In the absence of a timely election of a payment option, benefits shall be paid in substantially equal installments over 10 years, provided that any such distribution shall be subject to the distribution requirements of Sections 4.44.080, 4.44.090, 4.44.100 and 4.44.110.
4.44.080. Distribution of Benefits Generally.
(Amended by Ordinance Nos. 168284, 170817, 171493, 171877 and 172901, effective December 2, 1998.)
A. Distribution of a Participant’s Account to a Participant or a Beneficiary shall be made in accordance with the manner and method of payments selected in the Settlement Agreement, which election may be changed by a Participant or Beneficiary, as appropriate, at any time more than 30 days prior to the commencement of such benefit payments.
B. At the time distribution to a Participant commences, such distribution shall be made in a manner in which the Participant will receive a minimum portion of the amount payable with respect to the Participant during the life expectancy of the Participant (as determined as of the commencement of the distribution). Therefore, distributions to a Participant must be made in accordance with the distribution tables promulgated by the Secretary of the Treasury pursuant to Section 457(d)(2)(B)(I)(I) of the Internal Revenue Code of 1986, as amended.
C. Any distribution payable over a period of one year, whether during life or after death, must be in the form of payments that are made at least annually and do not substantially increase in amount. Furthermore, a minimum amount shall be distributed during each calendar year. The required minimum distribution for each calendar year shall be determined by dividing the Account balance (as determined under Section 1.104(a)(9)-1, Q&A F-5 of the proposed Federal income tax regulations or any successor to such regulations) by the lesser of the applicable life expectancy (as determined under Q&A F-1A(d) of Section 1.104(a)(9)-1 of the proposed Federal income tax regulations or any successor to such regulations) or the applicable divisor (as determined under Q&A-4 of Section 1.104(a)(9)-2 of the proposed Federal income tax regulations or any successor to such regulations).
Notwithstanding the preceding sentence, distribution of a Participant’s Account may be made through an annuity contract that is purchased from an insurance company, with funds from the Participant’s Account. Any annuity contract so purchased must satisfy the applicable minimum distribution requirements of Section 1.401(a)(9)-1 of the proposed Federal income tax regulations (and any successor regulations) and the applicable minimum distribution incidental benefit requirement of Section 1.401(a)(9)-2 of the proposed Federal income tax regulations (and any successor regulations). In the event such an annuity contract is purchased, the amount of the annuity payments shall be determined under the annuity contract.
D. In no event shall the distribution of a Participant’s Account commence earlier than:
1. the calendar year in which the Participant attains age 70-1/2,
2. when the Participant separates from service, or
3. when the Participant is faced with an Unforeseeable Emergency.
E. Distribution of a Participant’s Account to a Participant may commence no later than April 1, of the calendar year following the calendar year in which the Participant attains age 70-1/2 or actually separates from service.
F. All distributions hereunder shall be made in accordance with the regulations under Section 401(a)(9) of the Internal Revenue Code of 1986 (IRC), as amended, including Section 1.401(a)(9)-2 of the Federal income tax regulations and such other provisions as are prescribed by the Commissioner of Internal Revenue. Accordingly, no distribution shall be made under any option that does not satisfy IRC Section 401(a)(9), including Section 401(a)(9)(G).
G. Voluntary In-Service Distribution: Notwithstanding anything in this chapter to the contrary, a Participant who is an active employee of the City shall receive a distribution of the total amount payable to the Participant under the Plan if the following requirements are met:
1. the total amount payable to the Participant under the Plan does not exceed $5,000 (or the dollar limit under section 411(a)(11) of the Internal Revenue Code, if greater),
2. the Participant has not previously received an in-service distribution of the total amount payable to the Participant under the Plan pursuant to Section 4.44.080 G;
3. no amount has been deferred under the Plan with respect to the Participant during the two-year period ending on the date of the in-service distribution; and
4. the Participant elects to receive the distribution.
4.44.090. Benefits Upon Separation from Service; Election Upon Separation from Service.
(Amended by Ordinance Nos. 168284, 170817, and 172901, effective December 2, 1998.)
A. If a Separation from Service occurs prior to attainment of age 70-1/2, distribution of a Participant’s Account shall commence no earlier than sixty-one (61) days and no later than ninety (90) days following such Separation from Service; provided however, a Participant may irrevocably elect, in writing, within the one hundred twenty (120) day period ending sixty (60) days after Separation from Service, to defer the commencement of such payments, or any portion of such payments, to a fixed or determinable date not later than April 1 of the calendar year following the calendar year in which the Participant attains age 70-1/2.
B. Notwithstanding the preceding paragraph, in the case of those Participants who Separated form Service prior to November 1, 1994 and did not irrevocably elect a payment commencement date within 60 days of the date of Separation from Service, the commencement of benefits to such persons shall be delayed until such time as they attain age 70, or in the event that they selected a Normal Retirement Age (NRA), commencement of benefits shall be delayed until such time as they attain the designated NRA.
C. If a Participant has elected, in accordance with the subsection A of this section, to defer the commencement of distributions beyond the first permissible payout date, then the Participant may make an additional election after the first permissible payout date, to further defer the commencement of distributions, provided that the election is filed before distributions actually begin and the later commencement date meets the required distribution commencement date provisions of sections 401(a)(9) and 457(d)(2) of the Internal Revenue Code. A Participant may not make more than one such additional deferral election after the first permissible payout date.
For purposes of the preceding paragraph, the “first permissible payout date” is the earliest date on which the Plan permits payments to begin after separation from service, disregarding payments to a participant who has an unforeseeable emergency, or under the in-service distribution provisions of the Plan.
4.44.100. Distribution Commencing Before Death of Participant.
A. If the Participant should die at any time after distribution of the Participant’s Account has commenced, any amounts not distributed to the Participant shall be distributed to the Participant’s Beneficiary commencing no earlier than 31 days following the Participant’s death and no later than 60 days following the
Participant’s death. Such distribution shall be made according to the manner and method selected by the Participant unless the Beneficiary selects a different manner and method of payment within 30 days of the Participant’s death.
B. Any amount not distributed to the Participant during the Participant’s life will be distributed to the Participant’s Beneficiary at least as rapidly as it would have been distributed to the Participant under the method of distribution being used as of the date of the Participant’s death over a period not to exceed the life of the Beneficiary if the Beneficiary is the Participant’s surviving spouse or 15 years if the Beneficiary is not the Participant’s surviving spouse.
C. If no Beneficiary has been designated by the Participant or if no Beneficiary survives the Participant for a period of 30 days, then the commuted value of any remaining payments shall be distributed to the estate of the Participant in a single lump sum payment. If the designated Beneficiary survives the Participant for a period of 30 days, but does not continue to live for the remaining period during which such payments to the Beneficiary were to be made, then the commuted value of any remaining payments due to such Beneficiary shall be paid to the estate of the Beneficiary in a single lump sum payment.
4.44.110. Distribution Commencing After Death of Participant.
(Amended by Ord. 169303, Sept. 20, 1995.)
A. If the Participant should die at any time before the distribution of Participant’s Account has commenced, the value of the Participant’s Account shall be distributed to the Participant’s Beneficiary commencing no earlier than 61 days following the Participant’s death and no later than 90 days following the Participant’s death. Such distribution shall be made according to the manner and method previously selected by the Participant or, if no previous election by the Participant has been made, in the manner described in Section 4.44.070 B, unless the Beneficiary selects a different manner and method of payment more than 30 days prior to the commencement of such payments.
B. Notwithstanding the foregoing, the Beneficiary may irrevocably elect, within the 60-day period subsequent to the Participant’s death, to defer the beginning of such payments as follows:
1. If the Beneficiary is the Participant’s surviving spouse, the Beneficiary may defer the beginning of such payments to a date not later than the later of (i) December 31 of the calendar year immediately following the calendar year in which the Participant died and (ii) December 31 of the calendar year in which the Participant would have attained age 70-1/2.
2. If the Beneficiary is not the Participant’s surviving spouse, the Beneficiary may defer the beginning of such payments to a date not later than December 31 of the calendar year immediately following the calendar year in which the Participant died. In such case, the Beneficiary may also elect to change the manner and method of distribution if such election is made more than 30 days prior to the date when such distribution is to commence.
C. Any distribution to a Beneficiary under this section must occur over a period not to exceed:
1. the life of the Beneficiary if the Beneficiary is the Participant’s surviving spouse, or
2. a period not in excess of fifteen (15) years, if the Beneficiary is not the Participant’s surviving spouse.
D. If no Beneficiary has been designated by the Participant or if no Beneficiary survives the Participant for a period of 30 days, then the commuted value of the Participant’s Account shall be paid in a single lump sum payment to the estate of the Participant. If the designated Beneficiary survives the Participant for a period of 30 days, but does not continue to live for the remaining period during which payments to the Beneficiary are to be made, then the commuted value of any remaining payments due to such Beneficiary shall be paid to the estate of the Beneficiary in a single lump sum payment.
4.44.120 Hardship Payments.
(Amended by Ordinance Nos. 168284 and 172901, effective December 2, 1998.) A Participant may apply on a form supplied by the City to the Risk Manager, or his or her designee, for payment prior to Separation from Service or Retirement from City employment but such applications may be granted only if the Participant is experiencing an Unforeseeable Emergency which would cause undue hardship if payment were denied. If the Risk Manager, or his or her designee, finds that a Participant is experiencing an Unforeseeable Emergency, he or she may approve an amount reasonably needed to satisfy the unforeseen emergency be made to the Participant. Payment will be made within 90 days of the date of such approval. If the Risk Manager, or his or her designee, denies the application for payment, said denial shall be in writing. A Participant may appeal the decision to the Committee. An appeal must be in writing and received by the Risk Manager within 30 days of the date of denial. The committee shall issue a written decision within 90 days of receipt of the appeal by the Risk Manager. Any decision of the Committee is final.
A person who has commenced receiving installment payments under the Plan may request acceleration of such payments in the event of an Unforeseeable Emergency. However, accelerated payments will be permitted only to the extent that such accelerated payment does not exceed the amount necessary to meet the Unforeseeable Emergency.
4.44.130 Non - Assignability.
(Amended by Ordinance Nos. 168284 and 172901, effective December 2, 1998.) Neither the Participant, nor the Participant’s Beneficiary shall have any right to commute, sell, assign, transfer, or otherwise convey the right to receive any payment which may be due the Participant under the plan, which payments and rights thereto are expressly declared to be nonassignable and nontransferrable. Nor shall any amounts deferred pursuant to this Chapter be subject to attachment, garnishment, or execution or be transferrable by operation of law in the event of bankruptcy or insolvency unless otherwise required by law. The preceding paragraph prohibiting the assignment or alienation of benefits shall not apply to any court decree of annulment or dissolution of marriage or of separation, or the terms of any court order or court approved property settlement agreement incident to any court decree of annulment or dissolution of marriage or of separation which is determined by the Risk Manager or his or her designee satisfy the requirements of ORS 243.507. The Risk Manager or his or her designee shall establish written procedures to determine whether the above described decrees or the property settlement agreements incident to such decrees satisfy ORS 243.507 and to administer distributions under such orders.
4.44.140 Amendment and Termination.
A. The City may terminate the Plan provided for in this Chapter at any time. Upon such termination, the Participants in the Plan will be deemed to have withdrawn from the Plan as of the date of such termination and their full Compensation on a non-deferred basis will be thereupon restored. In the event the City terminates the plan, the value of all Accounts shall be distributed to the Participants or their Beneficiaries in accordance with the method of payment designated in the applicable Participation Agreement.
B. The City may amend the provisions of this Plan at any time, provided, however, that no amendment shall affect the rights of any Participant or Beneficiary to the receipt of benefits accrued under the Plan prior to such amendment.
4.44.150 Plan to Plan Transfers.
(Amended by Ordinance Nos. 169284 and 172566, effective August 12, 1998.)
A. This Plan shall accept for transfer those amounts of compensation previously deferred by a Participant pursuant to another eligible plan of deferred compensation maintained under Section 457 of the Internal Revenue Code of 1986, as amended, by another employer.
B. Notwithstanding any other provisions of this Chapter relative to the commencement of benefits upon separation from service, if a Participant separates from City service and becomes employed by or performs services for another employer which maintains an eligible plan of deferred compensation pursuant to Section 457 of the Internal Revenue Code of 1986, as amended, all or any portion of the Participant’s Account and his or her rights in and to this Plan shall, at the Participant’s election, be transferred directly from this Plan to such other eligible plan, provided such other eligible plan will accept the transferred amount and obligation. The Participant’s election to transfer must be made prior to the date benefits would otherwise become available under the terms of this Plan.
Chapter 4.48
CAFETERIA BENEFIT
(BENEFLEX) PLAN
(Added by Ord. No. l57345 passed and
effective May l6, l985.)
Sections:
4.48.0l0 Purpose.
4.48.020 Definitions.
4.48.030 Eligible Employees.
4.48.040 Enrollment.
4.48.050 Termination, Suspension and Self Payment.
4.48.060 Funding.
4.48.070 Cafeteria Benefit Plan Components.
4.48.080 Term of Coverage.
4.48.100 Procedure for Selecting Benefits.
4.48.105 Default Benefits.
4.48.110 Claims Procedure.
4.48.120 Administrator.
4.48.130 Miscellaneous Provisions.
4.48.010 Purpose.
(Amended by Ord. No. 164839, effective July 1, 1990.) This Chapter, to be known as the City of Portland Cafeteria Benefit (Beneflex) Plan is hereby established effective July 1, 1985. This Chapter is intended to qualify as a cafeteria plan under Section 125 of the Internal Revenue Code of 1954, as amended, and the Internal Revenue Code of 1986, as amended, and is established for the exclusive benefit of participants and their beneficiaries.
4.48.020 Definitions.
(Amended by Ord. No. 161445 and 164839, effective July 1, 1991.) As used in this Chapter:
A. “Administrator” shall mean the Benefits Manager.
B. “Annual enrollment period” shall mean the period immediately preceding the period of benefit coverage designated by the administrator during which an employee may file or amend his or her benefit selection form.
C. “Benefit selection form” shall mean the form promulgated by the administrator by which an eligible employee selects the benefits of his or her choice pursuant to this Chapter.
D. “City” shall mean the City of Portland, Oregon.
E. “Code” shall mean the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder. References to a Code section shall be deemed to be to that section as it now exists and to any successor provision.
F. “Council” shall mean the members of the City Council of the City of Portland, Oregon.
G. “Employee” shall mean an elected official of the City of Portland, a non-represented employee of the City of Portland, a City employee in the bargaining unit represented by the City of Portland Planning and Engineering Employees Association (COPPEEA) or a member of the Bureau of Police in the bargaining unit represented by the Portland Police Commanding Officers Association (PPCOA). The term employee does not include an independent contractor.
H. “Insurer” shall mean an insurance company duly licensed to do business in Oregon.
I. “Participant” shall mean an employee who currently meets the eligibility requirements of Section 4.48.030 of this Chapter and enrolls in the plan.
J. “Plan” shall mean the City of Portland Cafeteria Benefit (Beneflex) Plan as set forth in this Chapter.
K. “Plan year” shall mean the l2 month period beginning July 1 and ending June 30 each year.
L. “Salary reduction agreement” means a written agreement by which a participant elects to reduce his or her compensation or to forego increases in compensation and directs the City to contribute such amounts, on behalf of the participant, toward the cost of selecting or purchasing one or more benefit programs described in Section 4.48.070. Such agreement relates to compensation that has not been actually or constructively received by the participant as of the date of the agreement and, subsequently, does not become currently available.
4.48.030 Eligible Employees.
(Amended by Ord. No. 160261; and 162108, effective July 1, 1989.)
A. Full-time employees shall become eligible to participate in the plan after 6 months of continuous City service, or in the case of employees not represented by collective bargaining, on the first day of the month following 80 hours in a paid status. Permanent part-time employees shall become eligible after 1,040 hours of continuous City service, or in the case of employees not represented in collective bargaining, on the first day of the month following 80 hours in a paid status.
B. For purposes of this Section, a full-time employee is a permanent or temporary employee in a budgeted full-time position who works at least 72 hours in a biweekly payroll period.
C. For purposes of this Section, a permanent part-time employee is an employee with Civil Service status who is regularly scheduled to work at least 40 hours but less than 72 hours in a biweekly payroll period.
D. Credit for work in an unbudgeted position. If a permanent or temporary employee works in a seasonal or other unbudgeted position for a continuous period immediately preceding temporary or permanent appointment to a budgeted position, such time shall be credited toward the completion of the 6 month benefit waiting period stipulated in Section 4.48.030 A.
4.48.040 Enrollment.
An eligible employee may enroll as a participant in the plan by completing and filing a benefit selection form with the administrator. For employees who meet the requirements of Section 4.48.030 on July l, l985, an employee’s eligibility to participate in the plan will commence on that date. For employees who become eligible employees subsequent to July l, l985, participation will commence as of the first day of the month in which the employee satisfies the eligibility requirements of Section 4.48.030. An eligible employee shall participate only if a benefit selection form has been completed and filed with the administrator.
4.48.050 Termination, Suspension and Self Payment.
(Amended by Ord. No. 164839, effective July 1, 1990.) Participation in the plan shall terminate when an individual ceases to be an employee or when it is determined by the administrator that the employee no longer meets the eligibility criteria of Section 4.48.030. In order to requalify for future plan participation, an individual whose participation has been previously terminated must meet the criteria of Section 4.48.030, must make new plan selections and must re-enroll in all benefit programs that are then selected. If a participant ceases to be eligible to participate, but returns to eligible status within the same plan year, his or her previously selected benefits for that plan year will be reinstated. Participation shall be suspended during a layoff, leave of absence or other period of time when no benefit credits have been generated due to nonpay status; provided, however, that coverage under any benefit program in which a participant is enrolled under this Chapter may be maintained during such period by arrangement with and with the approval of the administrator.
4.48.060 Funding.
(Replaced by Ordinance No. 172229, effective May 6, 1998.)
A. The Beneflex plan will be funded through employer contributions by the City and/or salary reduction agreements between the participant and the City. The maximum nonelective contribution by the City for any participant shall be $10,500.00 per plan year. The maximum contribution which the City will make on behalf of a participant through a salary reduction agreement shall be $9,500.00 per plan year. The amount of nonelective contributions which the City will make on behalf of any given participant will be determined annually pursuant to a formula promulgated by the Council or in case of employees represented by COPPEEA or PPCOA the amount stipulated in the applicable collective bargaining agreement. The amount of nonelective contributions which the City will make on behalf of its permanent part time employees shall not exceed 50 percent of the maximum amount it makes on behalf of full time employees. Notwithstanding the preceding sentence, effective October 24, 1991, the amount of nonelective contributions which the City will make on behalf of its permanent part time employees who are not in a collective bargaining unit shall be as follows:
Scheduled Hours Percentage of
Assigned per Week Full-Time Employee
Contribution
20-23 50%
24-27 63%
28-31 75%
32-35 88%
36-40 100%
The percentage of benefits shall be based on the employee’s scheduled hours as of May 1 of each year. Changes to that status will only be made in the event that there is a change in position and/or a change in scheduled hours that will exceed six months.
B. One twenty-sixth of the annual amount required to fund each benefit program selected by the employee shall be credited to the employee’s benefit program accounts each payroll period.
4.48.070 Cafeteria Benefit Plan Components.
(Amended by Ord. No. 158036, 158037, 159200, 164839; and 167875, effective July 1, 1994.)
A. Except as otherwise specified, for the plan year commencing on July 1, 1991 and subsequent plan years, the following benefit programs shall be available on the Beneflex menu of benefits:
1. Group medical and vision benefit program No. 1. The Kaiser Health Plan of Oregon, group medical and hospital service agreement, including Kaiser optical plan, (Plan No. 7722), as amended from time to time.
2. Group medical and vision benefit program No. 2. The City of Portland City select health plan (Plan No. 4400), offered in conjunction with the Vision Care of Oregon, Vision Services Plan, (Plan No. 3309999), as amended from time to time.
3. Group medical and vision program No. 3. The City of Portland CityBasic health plan (Plan No. 4500), offered in conjunction with the Vision Care of Oregon, Vision Service Plan (Plan No. 3309999), as amended from time to time.
4. Group medical and vision benefit program No. 4. The Good Health Plan (Policy No. GHP-028.04 and .02), offered in conjunction with the Vision Care of Oregon, Vision Service Plan (Plan No. 3309999), as amended from time to time.
5. Group dental benefit program No. 1. The Kaiser Foundation Health Plan of Oregon group dental services plan (Policy No. 7722), as amended from time to time.
6. Group dental benefit program No. 2. Oregon Dental Service Plan (Contract No. 1064), as amended from time to time.
7. Group dental benefit program No. 3. Blue Cross Blue Shield of Oregon dental care group practice dental plan (Policy No. 40157), as amended from time to time.
8. Group term life benefit program No. 1. Standard Insurance Company Group Term Life Insurance Plan, Group Policy No. 488980-C ($5,000 term life option), as amended from time to time.
9. Group term life benefit program No. 2. Standard Insurance Company, Group Policy No. 488980-C (one times annual salary term life, up to $50,000 term life option), as amended from time to time.
10. Group term life benefit program No. 3. Standard Insurance Company, Group Policy No. 488980-C ($50,000 term life option), as amended from time to time.
11. Group long-term disability benefit program No. 1. Standard Insurance Company long-term disability insurance, Group Policy No. 488980, as amended from time to time.
12. Dependent Care Assistance Plan.
13. Medical Expense Reimbursement Plan.
14. Cash.
B. A description of each of the benefit programs referred to in (1) through (11) is available by reference to the programs and contracts cited above. A copy of each such program and contract is on file in the administrator’s office and by this reference is incorporated herein.
C. A description of the coverage provided in benefit program (12), Dependent Care Assistance Plan appears in Chapter 4.50 of this Title.
1. A participant may elect to have all or a portion of the nonelective employer contributions specified in Section 4.48.060 (exclusive of the amounts required for the purchase of mandatory life insurance or health insurance coverage) set aside in a expense account to be used to reimburse said participant for dependent care services authorized by Chapter 4.50. Additionally, such expense accounts may be funded pursuant to written salary reduction agreements. However, the total amount which may be set aside by any participant in a dependent care services account shall not exceed $5,000 per plan year ($2,500 in the case of a separate return by a married individual).
2. Participants who select the dependent care assistance plan are ineligible to receive any funds from such plan except as reimbursement for eligible dependent care expenses and shall not receive any portion of the funds which may remain in their accounts after reimbursement for all eligible dependent care expenses has been made. Unused contributions or funds remaining in said accounts at the end of a plan year may not be carried over to a subsequent plan year.
D. A description of the coverage provided in benefit program (13) Medical Expense Reimbursement Plan, appears in Chapter 4.52.
1. A participant may elect to have all or a portion of the nonelective employer contributions specified in Section 4.48.060 (exclusive of the amounts required for the purchases of mandatory life insurance or health insurance coverage) set aside in a expense account to be used to reimburse said participant for the medical expenses authorized by Chapter 4.52. Additionally, such expense accounts may be funded pursuant to written salary reduction agreements. However, the total amount which may be set aside by any participant in the medical expense reimbursement plan set forth in Chapter 4.52 shall not exceed $3,000 per plan year.
2. Participants who select the medical expense reimbursement plan are ineligible to receive any funds from such plan except as reimbursement for eligible medical expenses and shall not receive any portion of the funds which may remain in their accounts after reimbursement for all eligible medical expenses has been made. Unused contributions or funds remaining in said accounts at the end of the plan year may not be carried over to a subsequent plan year.
E. Cash is a residual benefit determined annually by the employee at the time of selection and enrollment. Cash is generated under this plan solely as a result of excess nonelective employer contributions (as defined in Section 4.48.060) over the cost of employee plan benefit selections. Cash elections by an employee shall be treated as a fully taxable benefit. Furthermore, the amount of cash generated by this plan and subsequently redirected to salary may be discounted by an actuarial factor determined by the Council. The actuarial factor shall be communicated to the employees at the beginning of each open enrollment period and shall be based on projections of contingency resources necessary to meet plan expenses for each plan year.
F. All benefit programs mentioned in this Section are optional employee elections except as follows:
1. All full-time participants must select a medical and vision plan from the Beneflex menu unless the employee has previously obtained a written waiver from the administrator. Such waivers shall be made at the discretion of the administrator after review of documentation that the employee has adequate catastrophic medical coverage through another employer benefit plan. It shall be the responsibility of the participant granted such a waiver to immediately notify the administrator upon cessation of any such medical coverage as described in the waiver application.
2. All employees must select a group term life benefit program from the Beneflex menu irrespective of other life insurance coverage or financial resources of the employee.
G. Notwithstanding any other language in this Chapter, participants who select the long term disability insurance plan described in subsection A (11) shall, for all purposes under the Code, be treated as having received cash equal to the amount required to purchase such plan(s) and then purchasing such plan(s) with after-tax dollars.
H. Notwithstanding any other language in this Chapter, participants who purchase any medical, dental, vision or life insurance plan described in this Section and elect coverage for someone other than a spouse or dependent of the participant, as permitted by the medical, dental, vision or life insurance plan purchased, shall, for all purposes under the code, be treated as having received cash equal to the amount required to purchase such coverage and then purchasing such coverage with after-tax dollars.
4.48.080 Term of Coverage.
The period of coverage of each benefit described in Section 4.48.070 shall be equal to the entire length of the plan year for which a participant has selected coverage.
4.48.100 Procedure for Selecting Benefits.
(Amended by Ord. No. 159200 and 164839, effective July 1, 1990.)
A. Participants must select or purchase some or all of the benefit programs described in Section 4.48.070. A participant who fails to make a proper election under this plan shall automatically be deemed to have purchased the applicable default benefits described in Section 4.48.105.
B. Except as provided in C and D of this Section, all selections or purchases of benefit programs under this Chapter shall be made during the annual enrollment period. A participant may also change selections each year during the annual enrollment period by filing a new benefit selection form with the administrator.
C. Employees who are not eligible employees during the annual enrollment period but become eligible employees subsequent to the expiration of the annual enrollment period must select or purchase benefit programs prior to the commencement of the payroll period in which their benefit program coverage commences. The term payroll period means the period of service for which a payment of wages is ordinarily made to an employee. Benefit program coverage for such participants shall be for the remaining portion of the plan year in which the selection was made.
D. After making a selection or purchase of one or more benefit programs, a participant may not revoke that election after the period of coverage has commenced except as provided in the following sentence. A participant may revoke a benefit program election after the period of coverage has commenced and may make a new selection with respect to the remainder of the period of coverage if both the revocation and the new election are made on account of and consistent with a change in family status. Examples of changes in family status for which a benefit election change may be permitted include the marriage or divorce of the participant, the death of the participant’s spouse or a dependent, the birth or adoption of a child of the participant, the termination of employment (or the commencement of employment) of the participant’s spouse, the switching from part-time to full-time employment status or from full-time to part-time status by the participant or the participant’s spouse, the taking of an unpaid leave of absence by the participant or the participant’s spouse, a significant change in the health coverage of the participant or spouse attributable to the spouse’s employment, or the occurrence of any other event that the Administrator determines to be a change in family status under regulations and rulings of the Internal Revenue Service.
E. A participant may not elect a benefit program for any period of time less than a plan year unless the participant becomes eligible to enroll in the plan during a plan year or makes an election on account of and consistent with a change in family status during a plan year.
4.48.105 Default Benefits.
(Amended by Ord. No. 164839, effective July 1, 1991.)
A. For the Plan Year commencing on July 1, 1991, any participant who fails to make a proper election for such plan year, on or before the specified due date, in conformance with the procedures set forth in Section 4.48.100 or prescribed by the administrator, shall be deemed automatically to have selected (a) the same benefit coverages, if any, as were in effect for the participant just prior to the end of the preceding plan year, and (b) an agreement to a reduction in the participant’s compensation for such plan year equal to the participant’s share of the cost during such plan year of such benefit coverage.
B. With respect to the Plan Year commencing on July 1, 1992, and for any subsequent plan year, any participant who fails to make a proper election for such plan year, on or before the specified due date, in conformance with the procedures set forth in Section 4.48.100 or prescribed by the administrator, shall be deemed automatically to have selected the following default benefits. The default benefits for full-time employees shall be those benefits referred to in Section 4.48.070 as group medical and vision benefit program no. 3, group dental benefit program no. 2, and group term life benefit program no. 2. The default benefits for part-time employees shall be group term life benefit program no. 1 ($5,000.00 term life option). If a full-time or part-time participant has any nonelective benefit dollars leftover after these options are selected, the excess will be applied toward coverage under the medical expense reimbursement plan. Participants enrolled in the default benefits plans shall be bound by all terms of insurance and plan provisions applicable to the default benefit policies and plans and Chapter 4.52 (medical expense reimbursement plan).
4.48.110 Claims Procedure.
(Amended by Ord. No. 164839, effective July 1, 1990.)
A. Dependent care assistance and medical care reimbursement plans.
1. Any participant, beneficiary, or his or her duly authorized representative may file a request for reimbursement for dependent care assistance under the dependent care assistance plan or for medical expenses under the medical expense reimbursement plan with the administrator. The request for reimbursement shall be filed on a reimbursement request form(s) designated by the administrator. All reimbursement requests must be accompanied by a written statement from an independent third party that the expense has been incurred, the amount of the expense, and by such other bills, invoices, receipts, cancelled checks or other statements showing the amounts of such expenses, together with any additional documentation which the administrator may request. Additionally, requests for reimbursement under the medical expense reimbursement plan must be accompanied by a statement that the expense is not covered by any other health plan coverage and requests for reimbursement under the dependent care assistance plan must be accompanied by a statement that the expense has not been reimbursed and is not reimbursable under any other dependent care assistance plan. The participant may also be required to produce documentation that the provider, beneficiary and other conditions stipulated in Chapter 4.50 and 4.52, where applicable, are satisfied.
2. Requests for reimbursement should normally be processed within the same month the claim is received provided that such claim is received by the 15th of the month. Where additional information is required to process the claim or where no benefit is payable, a written notice/explanation shall be sent to the claimant within 30 days of claim filing. The eligibility of all claims shall be determined within 60 days of the receipt of proper documentation. The decision of the administrator regarding claim eligibility shall be final.
3. On or before January 31 of each year, the Administrator shall furnish to participants in the dependent care assistance plan, a written statement showing the amounts paid by the City in providing dependent care assistance to such participants during the preceding calendar year.
B. All claims other than claims for reimbursement for medical care or dependent care assistance shall be made directly to the insurer providing coverage.
4.48.120 Administrator.
This Chapter shall be administered by the administrator described in Section 4.48.020 A. The administrator shall have responsibility for the general operation of this Chapter and shall have the power and duty to decide all questions arising in connection with the administration, interpretation and application of this Chapter and shall take all actions and make all decisions that shall be necessary to carry out the provisions of this Chapter, including but not limited to:
A. Determining an employee’s eligibility to participate in the fringe benefit program authorized by this Chapter;
B. Promulgating rules of procedure and keeping records necessary for the proper and efficient administration of this Chapter;
C. Advising the insurers with respect to participating employees and with respect to contributions made on behalf of participating employees pursuant to this Chapter;
D. Furnishing the City Council, participants and insurers with information they may require;
E. Engaging the service of such agents as the administrator may deem advisable to assist in the performance of the administrator’s duties;
F. Consulting with the City Attorney with respect to the meaning or construction of this Chapter and the administrator’s duties thereunder; and
G. Assuming responsibility for all applicable reporting and disclosure requirements, including the filing of any required income tax returns, and engaging the service of agents to assist with reporting and disclosure requirements.
4.48.130 Miscellaneous Provisions.
(Amended by Ord. No. 164603, Aug. 29, 1991.)
A. The City Council may amend this Chapter in any manner at any time provided, however, that no amendment shall reduce or eliminate benefits retroactively. The City Council may terminate this plan, in whole or in part, at any time.
B. Except as otherwise provided by law, the benefits provided hereunder shall not be subject to assignment, anticipation, alienation, attachment, levy or transfer and any attempt to do so shall not be recognized.
C. Participation hereunder shall not grant any participant the right to be retained in the service of the City of Portland or any other right or interest except as specifically stated in this Chapter.
D. This Chapter is intended to qualify as a cafeteria plan within the meaning of Section 125 of the Code. The terms and provisions of this Chapter shall be interpreted and administered consistent with Section 125 of the Code and any regulations or rulings issued thereunder.
E. This Chapter shall be interpreted in accordance with the laws of the State of Oregon, except as provided in D and except to the extent the laws of Oregon are preempted by the laws of the United States of America.
F. The City of Portland does not guarantee benefits payable under any insurance policy or other similar contract described or referred to herein, and any benefits thereunder shall be the exclusive responsibility of the insurer or other entity that is required to provide such benefits under such policy or contract.
G. Those part-time, nonrepresented employees who experience an increase in their 1991-1992 allowance due to the change in nonelective employer contributions on October 24, 1991, as specified in Section 4.48.060 A, will not be allowed to change their current benefit elections (plan choices) unless they have a change in family or work status as defined in City Code Section 4.48.100 D.. Any impact on salary as a result of the changes in nonelective employer contributions occurring on October 24, 1991 will be determined by the combined effect of the new allowance and those benefit elections made before October 24, 1991.
Chapter 4.50
DEPENDENT CARE ASSISTANCE
PLAN
(Added by Ord. No. 157346, passed
and effective May 16, 1985.)
Sections:
4.50.010 Purpose.
4.50.020 Definitions.
4.50.030 Eligibility and Enrollment.
4.50.040 Benefits.
4.50.050 Funding.
4.50.060 Administrator.
4.50.070 Claims Procedure.
4.50.080 Miscellaneous Provisions.
4.50.010 Purpose.
(Amended by Ord. No. 164840, effective July 1, 1990.) The purpose of this Chapter is to reimburse City employees for the cost of dependent care services incurred by such employees. This Chapter is intended to qualify as a plan providing dependent care assistance within the meaning of Section 129(d)(1) of the Internal Revenue Code of 1986, as amended, and it is intended that the amounts reimbursed pursuant to this Chapter be eligible for exclusion from the income of a participant under Section 129(a) of the Internal Revenue Code of 1986, as amended.
4.50.020 Definitions.
(Amended by Ord. No. 159200, 159239, 161445, 164840; and 165585, effective July 1, 1992.) As used in this Chapter, the following terms will have the meaning ascribed to them in this Section.
A. “Administrator” shall mean the Benefits Manager.
B. “City” shall mean the City of Portland, Oregon.
C. “Code” shall mean the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder. References to a Code Section or regulation shall be deemed to be to that Section as it now exists and to any successor provision.
D. “Dependent care services” means household services or care for a qualifying individual, provided that such services and care are required in order to enable a participant to be gainfully employed for any period during which there are one or more qualifying individuals with respect to the participant. The term does not include services provided outside the participant’s household at a camp where the qualifying individual stays overnight.
E. “Dependent” includes any individual who is a dependent within the meaning of Code Section 152 and in the case of a participant who is divorced, legally separated, or separated under a written separation agreement, the term dependent includes a child who meets the dependency test appearing in 26 CFR § 1.44A-1(b)(2) or any successor provision.
F. “Dependent care center” is any facility which;
1. Provides care for more than six individuals (other than individuals who reside at the facility), and;
2. Receives a fee, payment, or grant for providing services for any of such individuals (regardless of whether such facility is operated for profit).
G. “Earned income” shall have the meaning given such term in Code Section 32(c)(2) but shall not include any amounts paid to a participant for dependent care services.
H. “Educational institution” means any college or university maintaining a regular faculty and curriculum and having a regularly enrolled body of students in attendance at the place where its educational activities are carried on.
I. “Participant” means any employee of the City who has satisfied the eligibility and enrollment requirements of Section 4.50.030 of this Chapter.
J. “Plan” means the City Dependent Care Assistance Plan as set forth in this Chapter.
K. “Plan year” shall mean the 12-month period beginning July 1 and ending June 30 each year.
L. “Qualifying individual” means:
1. A dependent of the participant who is under the age of 13 and for whom the participant is entitled to a deduction for a personal exemption under Code Section 151(c); or
M. “Student” means an individual who during each of 5 calendar months during a participant’s taxable year is a full-time student at an educational institution.
N. “Employee” shall mean an elected official of the City of Portland, a non-represented employee of the City of Portland, a City employee in the bargaining unit represented by the City of Portland Planning and Engineering Employees Association (COPPEEA), a member of the Bureau of Police in the bargaining unit represented by the Portland Police Commanding Officers Association (PPCOA), members of the bureau of fire, rescue and Emergency Services in the bargaining unit represented by the Portland Fire Fighters Association and those members of the Bureau of Police in the bargaining unit represented by the Portland Police Association. Effective July 1, 1992, the term employee shall also mean those benefits eligible employees of the Bureau of Emergency Communications in the bargaining unit represented by AFSCME Council 75, Local 189, those benefits eligible employees in the bargaining unit represented by the District Council of Trade Unions and those benefits eligible employees of the Bureau of Parks in the bargaining unit represented by Municipal Employees Local 483, Recreation Instructors. The term employee does not include an independent contractor.
O. “Salary reduction agreement” means a written agreement by which a participant elects to reduce or forego increases in compensation and directs the City of Portland to contribute such amounts on behalf of the participant, to the participant’s dependent care expense account authorized by this Chapter. Such agreement relates to compensation that has not been actually or constructively received by the participant as of the date of the agreement and, subsequently does not become currently available to the participant.
4.50.030 Eligibility and Enrollment.
(Amended by Ord. No. 164840, 165585, and 171218, effective May 28, 1997.)
A. Each employee who is a participant in the cafeteria benefit (Beneflex) plan described in Chapter 4.48 of this Title may become a participant in this plan by completing and filing a Beneflex benefit selection form with the administrator indicating the employee’s desire to participate in the plan or by purchasing the cafeteria plan default benefits provided in Section 4.48.105 of the Cafeteria Plan. Any employee of the Bureau of Fire, Rescue and Emergency Services in the bargaining unit represented by the Portland Fire Fighters Association and, any employee of the Bureau of Police in the bargaining unit represented by the Portland Police Association may become a Participant in this Plan by completing and filing a Beneflex benefit selection form with the Administrator indicating the employee’s desire to participate in the plan. Newly hired City employees in the bargaining unit represented by the City of Portland Planning and Engineering Employees Association and nonrepresented permanent part-time employees who are ineligible to participate in the cafeteria plan due to the 1,040 hour continuous service requirement may become participants in this plan by completing and filing a participation agreement form with the Administrator.
B. Effective July 1, 1992, those “benefits eligible” City employees who are in the bargaining units represented by AFSCME Council 75 Local 189, Municipal Employees Local 483 Recreation Instructors, and the District Council of Trade Unions may become participants in this plan by completing and filing a participation agreement form with the Administrator.
C. An election to receive dependent care assistance shall be irrevocable after the period of coverage has commenced unless the participant experiences a change in family status as provided in the next sentence. A participant may revoke his or her election to participate in the Dependent Care Assistance Plan after the period of coverage has commenced and may make a new selection with respect to the remainder of the period of coverage if both the revocation and the new election are made on account of and consistent with a change in family status. Examples of changes in family status for which a benefit election change may be permitted include the marriage or divorce of the participant, the death of the participant’s spouse or a dependent, the birth or adoption of a child of the participant, the termination of employment (or the commencement of employment) of the participant’s spouse, the switching from part-time to full-time employment status or from full-time to part-time status by the participant or the participant’s spouse, the taking of an unpaid leave of absence by the participant or the participant’s spouse, a significant change in the health coverage of the participant or spouse attributable to the spouse’s employment, or the occurrence of any other event that the Administrator determines to be a change in family status under regulations and rulings of the Internal Revenue Service.
D. For purposes of this Section, a full-time employee is a permanent or temporary employee in a budgeted full-time position who works at least 72 hours in a biweekly payroll period.
E. For purposes of this Section, a permanent part-time employee is an employee appointed from a Civil Service eligible list or appointed to an exempt position who is regularly scheduled to work at least 40 hours but less than 72 hours in a biweekly payroll period.
F. Participation in the plan shall terminate when an individual ceases to be an employee or when it is determined by the administrator that the employee no longer meets the eligibility criteria of this Section. Participation in the plan may thereafter be renewed upon the satisfaction of the requirements of this Section. A Participant who terminates participation prior to the end of a Plan Year shall have the right to submit claims for reimbursement for dependent care services incurred during the remainder of the Plan Year at any time until ninety (90) days following the end of the Plan Year. No reimbursement shall exceed the balance in the Participant’s dependent care account for the Plan Year in which the expenses were incurred.
4.50.040 Benefits.
(Amended by Ord. No. 164840, effective July 1, 1990.)
A. Each participant in this plan shall receive reimbursement for expenses incurred for dependent care services in any taxable year subject to the following conditions:
1. the total amount of reimbursement to a participant for any taxable year shall not exceed:
a. In the case of a participant who is not married at the close of such taxable year the earned income of such participant for such taxable year; or
b. In the case of a participant who is married at the close of such taxable year, the lesser of
(1) the earned income of such participant for such taxable year, or
(2) the earned income of the spouse of such participant for such taxable year. In determining the earned income of a spouse who is a student or incapable of self care, it shall be deemed for each month during which such spouse is a student at an educational institution or is incapable of self care that such spouse has an earned income not less than
(a) $200 if there is one qualifying individual with respect to the participant, or
(b) $400, if there are two or more qualifying individuals with respect to the participant;
c. Notwithstanding paragraph A. or B., whichever is applicable, a participant may not receive more than $5,000 ($2,500 in the case of a separate return by a married participant).
2. Reimbursement will not be paid to a participant for dependent care services provided by an individual for whom a deduction is allowable under Code Section 151 C (relating to personal exemptions for dependents) to a participant or the participant’s spouse.
3. Reimbursement will not be paid to a participant for dependent care services provided by a child of the participant within the meaning of Code Section 151(c)(3) under the age of 19.
4. Services provided outside the participant’s household.
a. A participant shall be reimbursed for the cost of dependent care services provided outside the participant’s household (including services provided at a dependent care center) only if such services are provided for (A) a qualifying individual described in Section 4.50.020 L 1; or (B) any other qualifying individuals who regularly spend at least 8 hours each day in the participant’s household.
b. Notwithstanding the previous sentence, a participant will not receive reimbursement for the cost of dependent care services provided by a dependent care center or any dependent care services provider, unless the dependent care center or dependent care service provider complies with all applicable laws and regulations of the state or unit of local government where such center is located, (e.g., requirements for licensing, if applicable, and building and fire code regulations).
B. The City may elect to pay certain providers of dependent care services directly. Such payments shall be deemed to be reimbursement to the participant.
C. Dependent care service expenses shall be paid for or reimbursed only if the care was provided to or on behalf of a participant during the period a participant is covered by the plan set forth in this Chapter. However, no reimbursement shall be made with respect to a request for reimbursement submitted more than 90 days following the end of the plan year in which expenses are incurred.
D. Dependent care service expenses will be treated as having been incurred when the dependent care service is provided and not when the participant is formally billed, charged for, or pays for the dependent care services.
E. Participants are ineligible to receive any benefits under this Chapter except as reimbursement for eligible dependent care service expenses and shall not receive any funds which may remain in their accounts after reimbursement for all eligible expenses has been made. Any unused funds remaining in said accounts at the end of a plan year may not be carried over to a subsequent plan year, shall not be available to the participant in any other form or manner and the participant shall forfeit all rights with respect to the unused funds.
F. Reimbursement under this plan shall be made only in the event, and to the extent, that reimbursement for amounts expended or payment, for dependent care assistance is not provided for under any other dependent care assistance plan or under any federal or state law. If there is such a policy, plan or law in effect providing for such reimbursement or payment in whole or in part, then to the extent of the coverage under such policy, plan or law no reimbursement shall be made hereunder.
4.50.050 Funding.
(Amended by Ord. No. 164840, effective July 1, 1990.)
A. A participant who participates in the cafeteria plan described in Chapter 4.48, may elect to have all or a portion of the nonelective employer contributions specified in Section 4.48.060 of this Title (exclusive of the amounts required for the purchase of mandatory life insurance or health insurance coverage) set aside in a dependent care expense account to be used to reimburse said Participant for the benefits authorized by this Chapter. Additionally, such expense accounts may be funded pursuant to a written salary reduction agreement referred to in Section 4.48.060. Said expense accounts may also be funded pursuant to a combination of the nonelective employer contributions and salary reduction agreements referred to above.
B. Participants who are ineligible to participate in the cafeteria plan described In Chapter 4.48 will receive no non-elective employer contributions to their dependent care expense accounts and may fund such accounts only pursuant to a salary reduction agreement provided by the administrator. There shall be credited to such a participant’s dependent care expense account for each Plan year, as of each date compensation is paid to the Participant in such Plan Year, an amount equal to the reduction, if any, to be made in such compensation in accordance with the participant’s election and salary reduction agreement.
C. The total amount which may be set aside by any participant in a dependent care expense account shall not exceed $5,000 per plan year ($2,500 in the case of a separate return by a married individual).
4.50.060 Administrator.
A. This Chapter shall be administered by the administrator described in Section 4.50.020 A. The administrator shall have responsibility for the general operation of this Chapter and shall have the power and duty to decide all questions arising in connection with the administration, interpretation and application of this Chapter and shall take all actions and make all decisions that shall be necessary to carry out the provisions of this Chapter, including but not limited to:
1. Determining an employee’s eligibility to participate in the plan authorized by this Chapter;
2. Promulgating rules of procedure and keeping records necessary for the proper and efficient administration of this Chapter;
3. Furnishing the City Council and the participants with information they may require;
4. Engaging the service of such agents as the administrator may deem advisable to assist in the performance of the administrator’s duties;
5. Consulting with the City Attorney with respect to the meaning or construction of this Chapter and the administrator’s duties thereunder; and
6. Assuming responsibility for all applicable reporting and disclosure requirements, including the filing of any required income tax returns, and engaging the service of agents to assist with reporting and disclosure requirements.
B. On or before January 31 of each year, the administrator shall furnish the participants who received reimbursement under this Chapter during the preceding calendar year, a written statement showing the amount of reimbursement they received during the preceding calendar year.
C. Reasonable notification of the availability and terms of the plan authorized by this Chapter shall be provided to all employees of the City by the administrator.
4.50.070 Claims Procedure.
(Amended by Ord. No. 164840, effective July 1, 1990.)
A. Any participant, beneficiary or duly authorized representative of a participant may file a request for reimbursement with the administrator. The request for reimbursement shall be in writing, in the form prescribed by the administrator, and shall contain such information as the administrator shall require, including:
1. The dependent or dependents for whom the dependent care services are to be provided;
2. The nature of the dependent care services performed for the participant, and the amount of reimbursement requested;
3. The relationship, if any, of the person performing the services to the participant;
4. If the dependent care services are being performed by a child of the participant, the age of the child;
5. A statement as to where the dependent care services will be performed;
6. If any of the dependent care services are to be performed outside the participant’s household, a statement as to whether the dependent for whom such services are being performed spends at least 8 hours a day in the participant’s household;
7. If the services are being performed in a dependent care center, a statement that;
a. The dependent care center complies with all applicable laws, regulations and ordinances of the state, county and city where it is located;
b. The dependent care center provides care for more than six individuals (other than individuals residing at the center) and
c. The amount of the fee paid to the dependent care center;
8. If the participant is married a statement of (a) the participant’s spouse’s salary or wages if the spouse is employed, or (b) if the participant’s spouse is not employed, a statement that the spouse is incapable of self care or that the spouse is a full-time student attending an educational institution and the months during which the spouse will attend such institution.
B. All reimbursement requests must be accompanied by a written statement from an independent third party that the expense has been incurred, the amount of the expense and by any bills, invoices, receipts, cancelled checks or other statements showing the expenses incurred, proof of payment by the participant, the provider’s tax identification number, and any additional documentation which the administrator may request. Additionally, such requests must be accompanied by a statement that the expense for which reimbursement is sought has not been reimbursed and is not reimbursable under any other dependent care assistance plan.
C. Requests for reimbursement shall normally be processed within the same month the claim is received provided that such claim is received by the 15th of the month. Where additional information is required to process the claim or where no reimbursement is payable, a written notice/explanation shall be sent to the claimant within 30 days of claim filing. The eligibility of all claims shall be determined by the administrator within 60 days of the receipt by the administrator of proper documentation. The decision of the administrator regarding claim eligibility shall be final.
4.50.080 Miscellaneous Provisions.
A. The City Council may amend this Chapter in any manner at any time provided, however, that no amendment shall reduce or eliminate benefits retroactively. The City Council may terminate this plan, in whole or in part, at any time.
B. Nothing contained in this Chapter shall be deemed to give any participant the right to be retained in the service of the City or to interfere with the right of the City to discharge any participant at any time regardless of the effect which such discharge shall have upon such employee as a participant under this plan.
C. Except as otherwise provided by law, the benefits provided hereunder shall not be subject to assignment, anticipation, alienation, attachment, levy or transfer and any attempt to do so shall not be recognized.
D. This Chapter shall be interpreted in accordance with the laws of the State of Oregon except to the extent that the laws of Oregon are preempted by any federal law.
Chapter 4.52
MEDICAL EXPENSE
REIMBURSEMENT PLAN
(Added by Ord. No. 157347, passed
and effective May 16, 1985.)
Sections:
4.52.010 Purpose.
4.52.020 Definitions.
4.52.030 Eligibility and Enrollment.
4.52.040 Benefits.
4.52.050 Claims Procedure.
4.52.060 Funding.
4.52.070 Administrator.
4.52.080 Miscellaneous.
4.52.010 Purpose.
(Amended by Ord. No. 164841, effective July 1, 1990.) This Chapter is to be known as the City of Portland Medical Expense Reimbursement Plan. The purpose of this Chapter is to reimburse participants for the cost of certain medical care expenses enumerated herein. It is the intention of the City Council that this Chapter qualify as an accident and health plan within the meaning of Section 105 of the Internal Revenue Code of 1986, as amended, and that the benefits payable under this Chapter be eligible for exclusion from the participant’s income under that section.
4.52.020 Definitions.
(Amended by Ord. No. 159200, 159239, 161445, 164841; and 165586, effective July 1, 1992.) As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section:
A. “Administrator” shall mean the Benefits Manager.
B. “City” means the City of Portland, Oregon.
C. “Code” means the Internal Revenue Code of 1986, as amended from time to time. References to a Code section or regulation shall be deemed to be to that section as it now exists and to any successor provision.
D. “Dependent” means a participant’s spouse and any person who is a dependent of the participant within the meaning of Section 152 of the Code.
E. “Employee” shall mean an elected official of the City, a non-represented employee of the City of Portland, a City employee in the bargaining unit represented by the City of Portland Planning and Engineering Employees Association (COPPEEA), a member of the Bureau of Police in the bargaining unit represented by the Portland Police Commanding Officers Association (PPCOA), those members of the Bureau of Fire, Rescue and Emergency Services in the bargaining unit represented by the Portland Fire Fighters Association, and those members of the Bureau of Police in the bargaining unit represented by the Portland Police Association. Effective July 1, 1992, the term employee shall also mean those benefits eligible employees of the Bureau of Emergency Communications in the bargaining unit represented by AFSCME Council 75 Local 189, those benefits eligible City employees in the bargaining unit represented by the District Council of Trade Unions and those benefits eligible employees of the Bureau of Parks in the bargaining unit represented by Municipal Employees Local 483 Recreation Instructors. The term “employee” does not include an independent contractor.
F. “Participant” means any employee of the City who has satisfied the eligibility and enrollment requirements of Section 4.52.030 of this Chapter.
G. “Plan” shall mean the City of Portland Medical Expense Reimbursement Plan as set forth in this Chapter.
H. “Plan year” shall mean the 12-month period beginning July 1 and ending June 30 each year.
I. “Salary reduction agreement” means a written agreement by which a participant elects to reduce or forego increases in compensation and directs the City of Portland to contribute such amounts, on behalf of the participant, to the participant’s dependent care expense account authorized by this chapter. Such agreement relates to compensation that has not been actually or constructively received by the participant as of the date of the agreement and, subsequently does not become currently available to the participant.
4.52.030 Eligibility and Enrollment.
(Amended by Ord. No. 164841; and 165586, effective July 1, 1992.)
A. Each employee who is a participant in the cafeteria benefit (Beneflex) plan described in Chapter 4.48 of this Title may become a participant in this plan by completing and filing a Beneflex benefit selection form with the administrator indicating the employee’s desire to participate in the plan or by purchasing the cafeteria plan default benefits provided in Section 4.48.105 of the Cafeteria Plan. Any employee of the Bureau of Fire, Rescue and Emergency Services in the bargaining unit represented by the Portland Fire Fighters Association and, any employee of the Bureau of Police in the bargaining unit represented by the Portland Police Association may become a Participant in this Plan by completing and filing a Beneflex benefit section form with the Administrator indicating the employee’s desire to participate in the plan. Newly hired City employees in the bargaining unit represented by the City of Portland Planning and Engineering Employees Association and nonrepresented permanent part-time employees who are ineligible to participate in the cafeteria plan due to the 1,040 hour continuous service requirement may become participants in this plan by completing and filing a participation agreement form with the Administrator.
B. Effective July 1, 1992, those “benefits eligible” City employees who are in the bargaining units represented by AFSCME Council 75 Local 189, Municipal Employees Local 483 Recreation Instructors, and the District Council of Trade Unions may become participants in this plan by completing and filing a participation agreement form with the Administrator.
C. An election to receive medical reimbursement under the Plan shall be irrevocable after the period of coverage has commenced unless the participant experiences a change in family status as provided in the next sentence. A participant may revoke his or her election to participate in the Plan after the period of coverage has commenced and may make a new selection with respect to the remainder of the period of coverage if both the revocation and the new election are made on account of and consistent with a change in family status. Examples of changes in family status for which a benefit election change may be permitted include the marriage or divorce of the participant, the death of the participant’s spouse or a dependent, the birth or adoption of a child of the participant, the termination of employment (or commencement of employment) of the participant’s spouse, the switching from part-time to full-time employment status or from full-time to part-time status by the participant or the participant’s spouse, the taking of an unpaid leave of absence by the participant or the participant’s spouse, a significant change in the health coverage of the participant or spouse attributable to the spouse’s employment, or the occurrence of any other event that the Administrator determines to be a change in family status under regulations and rulings of the Internal Revenue Service.
D. For purposes of this Section, a full-time employee is a permanent or temporary employee in a budgeted full-time position who works at least 72 hours in a biweekly payroll period.
E. For purposes of this Section, a permanent part-time employee is an employee appointed from a Civil Service eligible list or appointed to an exempt position who is regularly scheduled to work at least 40 hours but less than 72 hours in a biweekly payroll period.
F. Participation in the plan shall terminate when an individual ceases to be an employee or when it is determined by the administrator that the employee no longer meets the eligibility criteria of this Section. Participation in the plan may thereafter be renewed upon the satisfaction of the requirements of this Section.
G. A participant may receive payments or reimbursements for medical care as defined in Section 213(d) of the Code, but only to the extent that the participant is not reimbursed (or entitled to reimbursement) for the expense through insurance or otherwise. Reimbursement or payment for such expenses incurred in any plan year may be received up to the annual dollar amount specified by the participant in his or her enrollment application, but not exceeding $3,000.
4.52.040 Benefits.
(Amended by Ordinance No. 164841, effective July 1, 1990.)
A. Benefits under this plan shall take the form of reimbursement by the City to a participant for certain expenses defined in this Section which are incurred by a participant for the participant or the participant’s dependents.
B. The following medical care expenses, as defined by Section 213(d) of the Code and the regulations promulgated thereunder, shall be eligible for reimbursement:
1. Health, dental and vision insurance deductibles and co-payments for group insurance through a plan sponsored by the City and/or other employer sponsored group insurance plans that provide coverage to the participant or the participant’s dependents.
2. (Amended by Ordinance No. 159200 effective Dec. 27, 1986.) The cost of outpatient services where such expenses are not covered by insurance.
3. The cost of in-patient hospital care medical services (including the cost of meals, lodging and other incidental hospital expenses) where such expenses were incurred primarily for the prevention or alleviation of a physical or mental defect and where such expenses are not covered by insurance.
4. Dental care, including orthodontia, where not covered by insurance.
5. Vision care, including the cost of vision exam, lenses, frames, contact lenses and prescribed vision training, where not covered by insurance.
6. Prescription drugs where not covered by insurance.
7. The cost of artificial limbs, eyes, teeth and orthopedic braces where not covered by insurance.
C. The medical care expenses described in Subsection B of this Section will be reimbursed only if the following conditions are satisfied:
1. The medical care expenses for which reimbursement is requested must have been incurred during the period for which coverage has been selected by the participant.
2. A participant will be deemed to have incurred a medical care expense when the participant or the participant’s dependents are provided with the medical care that gives rise to such expenses and not when the participant is formally billed, charged or pays for such medical care.
3. Expenses incurred by the participant before the later of the date of enactment of this Chapter or the date a participant elects to participate in this plan will not be reimbursed.
D. A participant shall be entitled to benefits under this plan for expenses incurred in a prior plan year, but no reimbursement shall be made with respect to a request for reimbursement submitted more than 90 days following the end of the plan year in which expenses are incurred.
E. Participants in this plan are ineligible to receive any benefits under this Chapter except as reimbursement for eligible medical care expenses and shall not receive any funds which may be designated for medical care expenses after reimbursement for all eligible medical care expenses has been made. Any unused benefits which may have been designated for medical care expenses may not be carried over to a subsequent plan year, shall not be available to the participant in any other form or manner and the participant shall forfeit all rights with respect to the unused funds.
F. If a participant incurs an obligation for medical care expenses, payments by the City directly to the obligee in discharge of such obligations shall be deemed to be reimbursement of the participant.
4.52.050 Claims Procedure.
(Amended by Ord. No. 164841, effective July 1, 1990.)
A. A participant desiring to receive benefits under this plan shall submit a written request for reimbursement to the administrator. Such request shall include such information as may be required by the administrator, including, but not limited to, a statement of:
1. The amount of reimbursement requested;
2. The purpose of the medical care services for which reimbursement is requested;
3. The name of the person for whom medical care expenses were incurred and, if such person is not the participant requesting reimbursement, the relationship of such person to the participant and that such person is a dependent of such participant;
4. The name of the person, organization or entity to whom the medical care expense was or is to be paid, together with a written statement from such person, organization or entity that the expense has been incurred and the amount of the expense. In addition to this statement, the request for reimbursement should be accompanied by any bills, invoices, receipts, cancelled checks or other statements requested by the administrator to support the request.
5. That the participant has not been reimbursed for the expense by insurance and the expense is not covered by any other health plan coverage.
B. Requests for reimbursement should normally be processed within the same month the claim is received provided that such claim is received by the 15th of the month. When additional information is required to process the claim or where no benefit is payable, a written notice/explanation shall be sent to the claimant within 30 days of the date the claim is filed. The eligibility of all claims shall be determined within 60 days of the receipt of proper documentation. The decision of the administrator regarding claim eligibility shall be final.
4.52.060 Funding.
(Amended by Ord. No. 164841, effective July 1, 1990.)
A. A participant who participates in the cafeteria plan described in Chapter 4.48 may elect to have all or a portion of the nonelective employer contributions specified in Section 4.48.060 of this title (exclusive of the amounts required for the purchase of mandatory life insurance or health insurance coverage) set aside in a medical care expense account to be used to reimburse said participant for the benefits authorized by this Chapter. Additionally, such expense accounts may be funded pursuant to a written salary reduction agreement referred to in Section 4.48.060. Said expense accounts may also be funded pursuant to a combination of the nonelective employer contributions and salary reduction agreements referred to above.
B. Participants who are ineligible to participate in the cafeteria plan described in Chapter 4.48 will receive no non-elective employer contributions to their medical care expense reimbursement accounts and may fund such accounts only pursuant to a salary reduction agreement provided by the administrator. There shall be credited to such a participant’s medical care expense account for each plan year, as of each date compensation is paid to the participant in such plan year, an amount equal to the reduction, if any, to be made in such compensation in accordance with the participants election and salary reduction agreement.
C. The total amount which may be set aside by any participant in a medical care expense account shall not exceed $3,000 per plan year.
D. It is intended that the medical care expense accounts authorized under this chapter be funded solely (1) from the non-elective employer contributions which a participant designates for such account and/or (2) by funds made available pursuant to a salary reduction agreement signed by the participant. However, if, at the time reimbursement is payable to a participant, the eligible expenses exceed the amount of funds available in the participant’s account from such sources, the City of Portland will fund the account in an amount necessary to make up the difference between such available funds and the amount required to reimburse the participant for his or her eligible expenses. The maximum funding to be provided by the City of Portland under this subsection in any plan year shall be $3,000.00 minus the sum of any funds available in the account and the amount of any reimbursement previously received by the participant for expenses incurred during the plan year.
4.52.070 Administrator.
This Chapter shall be administered by the administrator described in Section 4.52.020 A. The administrator shall have responsibility for the general operation of this Chapter and shall have the power and duty to decide all questions arising in connection with the administration, interpretation and application of this Chapter and shall take all actions and make all decisions that shall be necessary to carry out the provisions of this Chapter, including but not limited to:
A. Determining an employee’s eligibility to participate in the plan;
B. Promulgating rules of procedure and keeping records necessary for the proper and efficient administration of this Chapter;
C. Furnishing the City Council and participants with information they may require;
D. Engaging the service of such agents as the administrator may deem advisable to assist in the performance of the administrator’s duties;
E. Consulting with the City Attorney with respect to the meaning or construction of this Chapter and the administrator’s duties thereunder; and
F. Assuming responsibility for all applicable reporting and disclosure requirements including the filing of any required income tax returns and engaging the service of agents to assist with reporting and disclosure requirements.
4.52.080 Miscellaneous.
A. The City Council may amend this Chapter in any manner at any time. The City Council may terminate this plan, in whole or in part, at any time.
B. Nothing contained in this Chapter shall be deemed to give any participant the right to be retained in the service of the City or to interfere with the right of the City to discharge any participant at any time regardless of the effect which such discharge shall have upon such employee as a participant under this plan.
C. Except as otherwise provided by law, the benefits provided hereunder shall not be subject to assignment, anticipation, alienation, attachment, levy or transfer and any attempt to do so shall not be recognized.
D. This Chapter shall be interpreted in accordance with the laws of the State of Oregon except to the extent that the laws of Oregon are preempted by any federal law.