HomeMy WebLinkAbout06-79 - Military Leave of Absence & Continuation of BenefitsRESOLUTION NO. 06-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, PROVIDING FOR
TEMPORARY PARTIAL PAY FOR MILITARY LEAVE OF
ABSENCE AND CONTINUATION OF BENEFITS FOR CITY
OF COSTA MESA EMPLOYEES CALLED TO ACTIVE DUTY
WITH THE ARMED FORCES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Costa Mesa currently provides fully paid leave of
absence and continuation of benefits for a maximum of thirty (30) calendar days per
fiscal year to employees who have been in City service for at least one (1) year and
who are ordered to report to active duty; and
WHEREAS, to alleviate financial hardships which employees and their families
may experience as a result of being called to active duty to serve their country during
times of crises, the City Council of the City of Costa Mesa adopted Resolutions No. 01-
75 and 03-43 extending leave with partial pay for eligible employees called to
involuntary active military service; and
WHEREAS, Resolutions No. 01-75 and 03-43 included accrual of retirement
benefits to eligible employees; and
WHEREAS, the California Public Employees Retirement System (CaIPERS)
has informed the City that the provision of accrual of retirement service credit is not
reportable to CaIPERS for retirement calculation purposes based upon the definition
of "compensation" in Government Code § 20630.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COSTA MESA AS FOLLOWS:
1. In addition to the fully paid military leave currently provided by the City of
Costa Mesa, each full time employee of the City who is eligible to receive such paid
leave (an "Eligible Employee") and who has been, or is in the future, called to
involuntary active military service with the Armed Forces of the United States for service
in a military action officially declared by the President and/or Congress of the United
States of America, shall be entitled to leave with partial pay pursuant to the terms of this
resolution for active duty in excess of the period covered by current City paid military
leave provisions up to a maximum of 180 calendar days.
2. Upon submission by the Eligible Employee, of acceptable documentation
that the Eligible Employee has been called to involuntary active military service for more
than 180 calendar days, the City Manager may, in his sole discretion, authorize an
extension of said leave with partial pay for an additional 180 calendar days for a total
period of one year (365 calendar days) (the "First Extension"). Upon expiration of the
First Extension and upon submission by the Eligible Employee of acceptable
documentation, the City Manager, may, in his sole discretion, subsequently authorize
additional extensions of leave not to exceed one year (365 calendar days) per
extension (an "Authorized Extension").
3. The amount of pay each Eligible Employee shall be entitled to receive
from the City for any additional period of military leave shall be the difference between
the gross pay and allowances actually received by the employee from the United States
for such service and the base pay wages that said employee would have received from
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the City of Costa Mesa if he or she had not been called to active military duty, subject to
all required and appropriate deductions and withholdings.
4. The City shall provide continued health and welfare benefits to an Eligible
Employee's dependents, provided that the dependents were covered for such benefits
prior to the Eligible Employee being called to active duty, up to a maximum of 180
calendar days, the First Extension or an Authorized Extension, whichever is greater.
5. Wage or benefits pursuant to this resolution are conditioned upon the
Eligible Employee requesting such payment and providing satisfactory proof and
documentation of eligibility to receive payment in accordance with procedures
established by the Human Resources Division.
6. The City shall provide continued accrual of benefits including vacation,
sick leave and service credit for purposes of merit increases that said Eligible Employee
would have received from the City of Costa Mesa if he or she had not been called to
active military duty, up to a maximum of 180 calendar days, the First Extension or an
Authorized Extension, whichever is greater.
7. The pay and benefits authorized by this resolution shall be available to all
eligible City employees who have been or in the future may be ordered to report to
active duty in times of crisis, conflict or military action officially declared by the President
and/or Congress of the United States of America.
BE IT FURTHER RESOLVED that all provisions of Resolutions No. 01-75 and
03-43 are hereby revoked.
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PASSED, APPROVED, AND ADOPTED this 19th day of September, 2006.
ATTEST:
(::I� ��
Jule Folcik, Ci y Clerk
Allah'P. Mansoor, Mayor
APPROVED AS TO FORM:
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Kimberly all Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing is the original of Resolution No. 06-79 and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day
of September, 2006, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 20th day of September, 2006.
(SEAL)
c � V-� � ��j
JULIE MOLCIK, CI Y CLERK
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