ORDINANCE AMENDMENT TO REVISE PROVISIONS IN THE EXECUTIVE MANAGEMENT AND CONFIDENTIAL EMPLOYEES PERSONNEL AND PROCEDURES MANUAL RELATED TO RETIREMENT BENEFITS OF THOSE PREVIOUSLY COVERED BY LOCAL 530 OR LOCAL 825 COLLECTIVE BARGAINING AGREEMENTS.
WHEREAS, on July 7, 2008, the City of New Haven Board of Aldermen approved an Executive Management and Confidential Employees Personnel and Procedures Manual which sets forth a description of the employee benefit plans offered by the City of New Haven (the “City”) to non bargaining unit employees listed in such manual (the “2008 Manual”), including Executive Management and Confidential Employees who are members of the Police Department (“Police Employees”); and
WHEREAS, the City wishes to update the 2008 Manual to make changes to the benefits offered to Executive Management and Confidential Employees; as set forth in a proposed Executive Management and Confidential Employees Manual submitted by the Chief Administrative Officer to the Board of Aldermen on January 18, 2011 (the “2011 Manual”); and
WHEREAS, the Chief Administrative Officer has requested that the Board of Aldermen first consider a provision in the 2011 Manual which eliminates the “Next Highest Rank Benefit” (as hereinafter defined) to Executive Management and Confidential Employees who are Police Employee before the Board of Aldermen reviews the other provisions of the 2011 Manual; and
WHEREAS, Conn Gen. Stat. § 7-450 provides that a municipality may by ordinance establish and amend any special act concerning pension and other postemployment health and life benefit systems for its employees; and
WHEREAS, Conn. Gen. Stat. § 7-450a(b) provides that no ordinance, resolution or other act altering the pension, retirement, or other postemployment health and life benefit system shall be enacted until the legislative body of the municipality has requested and received a qualified cost estimate from an actuary enrolled by the joint board for the enrollment of actuaries established under Subtitle C of Title II of the Employment Retirement Income Security Act of 1974 (a “Cost Estimate”); and
WHEREAS, the Board of Aldermen has received a Cost Estimate concerning the elimination of the Next Highest Rank Benefit; and
WHEREAS, the Board of Aldermen referred the 2011 Manual to its Finance Committee which held a public hearing on the elimination of the Next Highest Rank Benefit on January 26, 2011 and rendered a report of a favorable recommendation; and
NOW THEREFORE BE IT ORDAINED by the Board of Aldermen of the City of New Haven that Article 15, Section 1(W) of the collective bargaining agreement between the City and New Haven Police Union Local 530 (“Local 530”) and Council 15, AFSCME, AFL-CIO, which provides that the total annual earnings of Police Employees hired in or prior to 1990 who at the time of retirement have a four (4) year average that is not more than the employee’s base salary shall be the equivalent of the annual salary of an employee holding the next higher rank to that held by the retiring employee prior to retirement, or language substantially similar thereto which may be included in any future collective bargaining agreement between the City of New Haven and Local 530 (the “Next Highest Rank Benefit”) shall not apply to the calculation of pension benefits to be paid to Executive Management and Confidential Employees who are Police Employees from the Policemen’s and Firemen’s Pension Plan; and the New Haven Board of Aldermen hereby further ordains that:
The New Haven Board of Aldermen adopts the revised provision in “Executive Management and Confidential Employees Personnel and Procedures Manual” below in place of Article 27, Section A, subsection (3):
“All Sworn Services (Police and Fire) employees who are members of the “P&F Plan” at the time of becoming Confidential Employees or Executive Management Employees may remain as members of the P&F Plan provided that they remain in a Sworn capacity (Police or Fire). Any Confidential Employee who is a Sworn Services Employee hired before July 1, 2011 shall be permitted to become a member of the P&F Plan. The provisions of the pension article of the collective bargaining agreement between the City and New Haven Police Union Local 530 and Council 15, AFSCME, AFL-CIO in effect on the Effective Date (the “Local 530 Agreement”), as such provisions may be amended from time to time and as permitted by law, shall apply to Executive Management and Confidential Employees members of the P&F Plan who are police employees. Notwithstanding the foregoing, Article 15, Section 1(W) of the Local 530 Agreement, which provides that Police employees “hired in or prior to 1990 who at the time of retirement have a four (4) year average that is not more than the employee’s base salary, said employee’s total annual earnings shall be the equivalent of the annual salary of an employee’s holding the next higher rank to that held by the retiring employee prior to retirement,” or language substantially similar thereto which may be included in any future collective bargaining agreement between the City and Local 530 shall not apply to the calculation of pension benefits under the P&F Plan of Executive Management and Confidential Employees who are Police employees. To the extent that the provisions of the 530 Agreement conflict with the provisions of this Manual, including this Article, the provisions of this Manual will control.
“The provisions of the pension article of the collective bargaining agreement between the City and New Haven Fire Union, Local 825 International Association of Fire Fighters, AFL-CIO in effect on the Effective Date (the “Local 825 Agreement”), as such provisions may be amended from time to time and as permitted by law, shall apply to Executive Management and Confidential Employees members of the P&F Plan who are fire fighters. To the extent that the provisions of the 825 Agreement conflict with the provisions of this Manual, including this Article, the provisions of this Manual will control.
“Alternatively, Sworn Services Executive Management and Confidential Employees who are eligible to participate in the P&F Plan may within thirty (30) days of becoming an Executive Management Employee or a Confidential Employee to be enrolled in the DC Plan. If such Executive Management Employee or Confidential Employee chooses to participate in the DC Plan rather than the P&F Plan, then the employee shall not be eligible for benefit payments under the P&F Plan until such time as the employee retires from City service, and time served while a participant in the DC Plan shall not count towards Credited Service for purposes of determining the retirement pension benefit payable to such employee under the P&F Plan. In addition, earnings received during the time of participation in the DC Plan shall not be taken into consideration for purposes of determining the retirement pension benefit payable to such Executive Management Employee or Confidential Employee under the P&F Plan.”