HomeMy WebLinkAboutOC SAN 21-191638700.1 OC SAN 21-19-1
RESOLUTION NO. OC SAN 21-19
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN FOR
THE SUPERVISORY AND PROFESSIONAL MANAGEMENT
GROUP IDENTIFIED THROUGH THE 2020-2021 HRA
REOPENER NEGOTIATIONS
WHEREAS, on August 28, 2019, the Board of Directors (“Directors”) of the Orange
County Sanitation District (OC San) authorized the General Manager to negotiate with the
represented employee organizations to discuss a potential Health Reimbursement
Arrangement (HRA; also referenced as Health Retirement Account in MOU) plan, per the
agreed upon HRA reopener.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives
of the Supervisory and Professional Management Group (referred hereinafter as “Group”)
have met and conferred, in good faith, with the representatives of OC San and have
reached an understanding with regard to certain terms and conditions relative to
employment;
WHEREAS, the parties have agreed to implement an HRA plan reflecting the
parties’ understanding regarding certain terms and conditions as set forth in the OC San
HRA agenda report, which include:
•Health Reimbursement Arrangement: OC San will establish an HRA for all
employees in the Group, per Internal Revenue Guidance Rev. Rul. 2002-41 and
Rev. No. 2002-45.
o All employees of the Group shall be required to contribute uniformly to the
HRA according to the following plan design and may not opt out.
o All mandatory sick leave payouts shall be contributed to the employee’s
HRA according to the provisions in Article 27 – Leave of Absence with Pay,
Sections 27.2.5 and 27.2.11.
o All mandatory vacation payouts shall be contributed to the employee’s HRA
in accordance with Article 27 – Leave of Absence with Pay, Section 27.1.5.
o All mandatory compensatory payouts shall be contributed to the
employee’s HRA in accordance with Article 16 - Holidays, Section 16.1.
o In the event of death while employed at OC San, any compensation as a
result of any accrued and unused sick leave, vacation leave, and
compensatory leave payouts shall be paid to the employee’s designated
beneficiaries.
o In the event of death, the employee’s HRA account and all remaining
monies within the account shall be transferred to the qualified dependent of
record. The qualified dependent of record is a designation defined by IRS
rules rather than an employee-chosen beneficiary. In the event there is no
qualified dependent of record, all assets in the HRA shall be forfeited and
distributed on a non-discriminatory basis to remaining plan participants.
1638700.1 OC SAN 21-19-2
o In the event of termination of employment by OC San, any compensation
as a result of accrued and unused sick leave, vacation leave, and
compensatory leave payouts shall be paid directly to the employee.
o OC San shall pay the administrative costs of the HRA plan up to a
maximum of $30 per year per employee. Employees shall be responsible
for any asset management fees.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The aforementioned HRA plan as outlined herein is hereby approved
and may be implemented upon completing the procurement process for a vendor.
Section 2. The General Manager is authorized to initiate a procurement for an
HRA vendor upon the conclusion of negotiations with all represented and unrepresented
groups and sign a contract with the designated carrier for the approved plans.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
November 17, 2021.
_________________________________
John B. Withers
Board Chair
ATTEST:
__________________________
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
_________________________
Bradley R. Hogin
General Counsel
John B Withers (Nov 18, 2021 10:32 PST)
John B Withers
Kelly Lore (Nov 18, 2021 10:40 PST)
Kelly Lore
1638700.1 OC SAN 21-19-3
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 21-19 was passed
and adopted at a regular meeting of said Board on the 17th day of November 2021, by
the following vote, to wit:
AYES: Brad Avery; Art Brown, Kim Carr, Doug Chaffee, Mark Chirco,
Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew
Nguyen, Kim Nichols, Robert Ooten Glenn Parker, David
Shawver, Jesus Silva, Chad Wanke, John Withers and Chad
Zimmerman.
NOES: None.
ABSTENTIONS: None.
ABSENT: Brooke Jones and Steve Jones
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 17th day of November 2021.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
Kelly Lore (Nov 18, 2021 10:40 PST)
Kelly Lore
OC SAN 21-19
Final Audit Report 2021-11-18
Created:2021-11-18
By:Kelly Lore (klore@ocsan.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAWLO4xF2bJ-nbm8aXyPmzsSHZ4RINibi-
"OC SAN 21-19" History
Document created by Kelly Lore (klore@ocsan.gov)
2021-11-18 - 3:48:18 PM GMT- IP address: 47.176.92.30
Document emailed to Bradley Hogin (bhogin@wss-law.com) for signature
2021-11-18 - 3:49:04 PM GMT
Email viewed by Bradley Hogin (bhogin@wss-law.com)
2021-11-18 - 4:16:15 PM GMT- IP address: 104.28.85.226
Document e-signed by Bradley Hogin (bhogin@wss-law.com)
Signature Date: 2021-11-18 - 6:06:25 PM GMT - Time Source: server- IP address: 68.4.2.218
Document emailed to John B Withers (jwithers@calstrat.com) for signature
2021-11-18 - 6:06:27 PM GMT
Email viewed by John B Withers (jwithers@calstrat.com)
2021-11-18 - 6:31:40 PM GMT- IP address: 13.52.61.199
Document e-signed by John B Withers (jwithers@calstrat.com)
Signature Date: 2021-11-18 - 6:32:13 PM GMT - Time Source: server- IP address: 184.189.202.24
Document emailed to Kelly Lore (klore@ocsan.gov) for signature
2021-11-18 - 6:32:14 PM GMT
Email viewed by Kelly Lore (klore@ocsan.gov)
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Document e-signed by Kelly Lore (klore@ocsan.gov)
Signature Date: 2021-11-18 - 6:40:48 PM GMT - Time Source: server- IP address: 47.176.92.30
Agreement completed.
2021-11-18 - 6:40:48 PM GMT