Loading...
HomeMy WebLinkAboutD-2540-20 Amends Conditions for Insurance Premiums for Employees Disabled in the Line of DutySponsor: Councilor Finkam 1 ORDINANCE D-2540-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTION 2-42 OF THE CARMEL CITY CODE AS AMENDED Synopsis: Amends the conditions under which the City will pay insurance premiums for employees who are disabled in the line of duty. WHEREAS, the City of Carmel is committed to caring for employees who are disabled in the line of duty and their families; and WHEREAS, access to affordable insurance for these employees during their time of transition and thereafter are subject to factors that may or may not be under their control; and WHEREAS, the current policy provides long-term coverage at the City’s expense, regardless of the of the individual’s ability to find other employment or obtain other coverage; and WHEREAS, the current policy may not be sustainable in the long term; and WHEREAS, the City wishes to deploy its resources in a manner that is both prudent and respectful of the individual needs of each person who is disabled in the line of duty. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 2, Article 3, Division II, § 2-42 (e) through § 2-42 (l) of Carmel City Code Section are amended to read as follows: § 2-42 Health Insurance. (e) Retiree insurance. For full-time employees hired before October 3, 2016: The City shall contribute 50% of the monthly employee-spouse premium for retirees who have 20 years of active service with the City, plus an additional 1% for each additional six months of service, up to a maximum of 75% of the employee only or employee-spouse premium, as applicable, provided that the City's insurance premium contribution shall not exceed $900 per month or $10,800 per year. If the retiree is not married but has dependent children, an equivalent dollar amount will be applied to the employee-child(ren) premium. If the retiree has a spouse, whether or not the spouse is on the City's plan, coverage for other eligible dependents may be continued at the retiree's expense. Coverage will end when the retiree and/or spouse and dependent(s) age DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E Sponsor: Councilor Finkam 2 out of the Plan, or, in the case of a qualified disabled dependent child, when both parents have aged out of the plan. Employees hired on or after October 3, 2016 will not be eligible for this benefit. (f) Insurance for individuals who die in the line of duty. For an employee who dies in the line of duty, the City will contribute 100% of the monthly spouse and dependent (if applicable) medical and dental premiums as long as the wife and dependents are in the plan. The surviving spouse may remain in the plan for the remainder of his or her lifetime, or, when the spouse becomes eligible for Medicare the City may, in its sole discretion, elect to pay for a supplemental insurance plan that offers coverage equal to or better than the City plan. Coverage for other dependents will end when they age out of the plan, or in the case of a qualified disabled dependent child, when the spouse is no longer in the plan. A death must be clearly, directly, substantially and causally related to the employee's official job duties to be deemed "in the line of duty." For a sworn police officer or firefighter, this determination shall be made by the Indiana Public Retirement System (“INPRS”). For civilian employees, this determination shall be made at the sole discretion of the City. (g) Insurance for individuals who suffer from a catastrophic physical personal injury. For a police officer or firefighter who suffers from a catastrophic physical personal injury, the City will contribute 100% of the monthly employee medical and dental premiums until the employee becomes eligible for Medicare. The City will contribute 100% of the spouse and dependent (if applicable) medical and dental premiums until those individuals age out of the plan, or, in the case of a qualified disabled dependent child, when both parents have aged out of the plan. A catastrophic physical personal injury is a permanent and total impairment that is the direct result of a physical injury that: (1) occurs in the line of duty; and (2) permanently prevents the police officer or firefighter from performing any gainful work. The determination that a police officer or firefighter suffers from a catastrophic physical personal injury will be made solely by INPRS. (h) Insurance for other disabled individuals. A disabled individual (a “Medical Retiree”) must qualify for an INPRS disability benefit based on a line-of-duty or duty-based illness or injury before he or she becomes eligible for a City benefit under this section. For qualifying Medical Retirees, the City will contribute to monthly premium payments according to the following schedule: (1) For an initial period of two (2) years from the date of disability the City will pay one hundred percent (100%) of the Medical Retiree’s medical and dental premiums. All percentages in this section include premiums for the Medical Retiree and eligible family members, including spouses and dependents acquired after the disability date. DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E Sponsor: Councilor Finkam 3 (2) No less than two (2) months prior to the two (2) year anniversary of the disability date, the Medical Retiree will meet with a Medical Review Committee (the “Committee”), in person or virtually, to determine the need for additional premium assistance. The Review Committee may end premium contributions after two (2) years or continue them at a fifty percent (50%) or one hundred percent (100%) level for an additional two (2) years. The 50% level will be subject to the same monthly maximum imposed on retirees with twenty (20) or more years of service. (3) No less than two (2) months prior to the four (4) year anniversary of the disability date, the Medical Retiree will again meet with the Committee, in person or virtually, for a final determination. The Review Committee may end premium contributions after four (4) years or continue them at a fifty percent (50%) or one hundred percent (100%) level, which decision will remain valid until the Medical Retiree and his or her family members age out of the Plan, or until INPRS determines the Medical Retiree is no longer disabled. An eligible disabled dependent may remain on the plan as long as at least one parent is on the plan. The 50% level will be subject to the same monthly maximum imposed on retirees with twenty (20) or more years of service. (4) The Committee shall be comprised of nine (9) members and one alternate, as follows: a. two (2) police officers elected from within their ranks, who may not also serve on the Department’s Pension Committee; b. two (2) firefighters elected from within their ranks, who may not also serve on the Department’s Pension Committee; c. one (1) upper level management employee selected by the police and fire chiefs; d. two (2) civilian employees nominated by their directors and selected by the Director of Human Resources; e. one (1) civilian management employee nominated by his or her director and selected by the Director of Human Resources; and f. the Director of Human Resources, who shall chair the Committee. g. An alternate shall be named by the Corporation Counsel, but shall not be a member of the Corporation Counsel’s staff. The alternate shall sit in on all fact-finding meetings and deliberations, but shall not vote unless another committee member is absent, recuses himself or herself or is recused at the Medical Retiree’s request. (5) The Medical Retiree shall be entitled to request any one (1) member of the committee be recused, with or without cause. DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E Sponsor: Councilor Finkam 4 (6) Deliberations may be held in-person or virtually. The committee’s decisions shall be made by a vote requiring a simple majority of members present. In case of a tie, the Director of Human Resources shall make the final determination. (7) The committee’s decisions are final, unless a petition for reconsideration is granted (see (8) below). The committee’s decision shall be communicated to the Medical Retiree in writing by the Director of Human Resources within two (2) weeks after the meeting with the Medical Retiree. (8) Each Committee member shall sign a confidentiality agreement, pledging not to reveal medical, financial or other personal information of the Medical Retiree. Members will be subject to disciplinary action for breaching the agreement. (9) The Committee shall be authorized to consider the Medical Retiree’s medical condition, preparation for different careers, employment status, family status and other relevant factors in reaching a decision. The Committee may end premium contributions without further consideration for a Medical Retiree who refuses to provide information as requested. (10) The Committee’s decision may be invalidated, and premium contributions terminated, at any time it can be shown the Medical Retiree has withheld relevant information or provided incomplete or false information. (11) If benefits are reduced or terminated, the Medical Retiree can petition for reconsideration of the decision if his or her circumstances materially change. The petition shall be made in writing to the Director of Human Resources and shall include a description of the changes that the Medical Retiree believes merit further review. The Director of Human Resources will decide whether to grant a petition for reconsideration and inform the Medical Retiree of the decision in writing. (12) This section (h) applies to Medical Retirees whose final determination is made after July 31, 2020. Those Medical Retirees whose determinations were made on or before July 31, 2020, will continue to receive benefits provided under previous guidelines. (i) Summary only. The benefits described in sections (e) through (h) are a summary only. Complete details regarding insurance benefits for employees who retire or who die or are disabled in the line of duty are set forth in the City of Carmel Guidelines For Payment Of Retiree Insurance Premiums and Guidelines for Payment of Premiums For Individuals Who Die Or Who Are Disabled In The Line Of Duty, as amended from time to time. (j) Coordination of benefits. An employee or family member who qualifies for an employer contribution based on years of service and death or disability shall receive the greater of the benefits described in sections (e) through (h) above for which he or she is eligible. (k) Eligibility. Eligibility for the Plan is determined solely by the provisions of the Plan. Sections (e) through (h) above pertain only to premium contributions and not to Plan eligibility. DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E Sponsor: Councilor Finkam 5 (l) City as sole beneficiary. Benefits under this section will be paid only to the City of Carmel Employee Health Benefit Plan or its successor plan. The only exception shall be if the City purchases a supplemental insurance plan for a survivor who is eligible for Medicare benefits, as described in section (f) above. Section 3. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall be in full force and effect from and after August 1, 2020. [Remainder of page left intentionally blank] DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E Sponsor: Councilor Finkam 6 PASSED by the Common Council of the City of Carmel, Indiana this _____ day of _________________ 2021, by a vote of _________ ayes and ________ nays. COMMON COUNCIL FOR THE CITY OF CARMEL __________________________________ Sue Finkam, President Kevin D. Rider, Vice-President __________________________________ Laura Campbell H. Bruce Kimball __________________________________ Jeff Worrell Anthony Green __________________________________ Adam Aasen Tim Hannon __________________________________ Miles Nelson ATTEST: _________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Prepared by Barbara Lamb, Director of Human Resources DocuSign Envelope ID: 6D0ADD25-3447-448B-BBE0-620506A1B62E February 4:30 February 16th P February 4:00 Not Present 15th P 8 0 16th