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Item D28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20,2006 Bulk Item: Yes L No Division: Employee Services Staff Contact Person: Teresa Aguiar AGENDA ITEM WORDING: Approval to amend and add language to the Health Plan Document and to attach Retiree Resolution to Amendment as Exhibit A to allow retirees to waive the County's group health insurance benefits. ITEM BACKGROUND: It is and has been the County's practice to allow retirees to waive their group health insurance benefits. This language should be included in the Health Plan Document revision which was approved at the BOCC meeting of September 30, 2006. PREVIOUS RELEVANT BOCC ACTION: At the November 15, 2006 meeting, the BOCC, requested that a two week notice be provided to retirees due to previous direction by the BOCC that there be formal notification of the employees both active and retired whenever issues of retirement benefits are coming up for discussion or action. CONTRACT/AGREEMENT CHANGES: See attached amendment. STAFF RECOMMENDATIONS: Approval to amend the existing Health Plan Document which becomes effective January 1, 2006 to add language of current practice of allowing retirees to waive the County's group health insurance benefits and to add the Retiree Resolution 354-2003 as an exhibit in order to include the resolution in the Plan. TOTAL COST: none BUDGETED: Yes 1L- No COST TO COUNTY: none SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes NOlL Year s M~ageme~ . 11.10.0& , APPROVED BY: County Arty -X- OMB/Purchasin DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 OK'!v~Y ~3~~~E (305) 294-4&41 Office of the Employee Services Division Diredor The Historic Gato Cigar Fadory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 - Fax TO: (-- ,...-..,..- BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 FROM: Board of County Commissioners Teresa E. Aguiar, Director Employee Services DATE: November 19, 2006 SUBJ: Plan Document - additional language Retiree Waiver of group health insurance coverage This item requests approval to add language of current practice into the Employee Health Plan Document which was approved at the BOCC meeting of September 18,2006. This is the sole document used in determining the benefits of eligible covered persons under the Health Insurance Plan. Retiree Resolution #354-2003 allows retirees to retain their group health insurance benefits following their termination of employment, provided they pay a monthly premium. The County's practice is to allow retirees to waive the medical coverage if they do not wish to maintain their group health insurance benefits with Monroe County following their retirement. The inclusion of this language in the Document, which was approved at the BOCC meeting of September 20, 2006, was an oversight and staff has recently been informed by the Consultant that this language must also be included since it is and has always been practice. It is staffs recommendation that you approve the recommendation to incorporate wording into the existing Health Plan Document to allow retirees to waive their group health insurance benefits coverage. This has been the current practice and such language should be included in the Document as policy. If you have any questions, please do not hesitate to contact me at X4458. OK~~ErY ~o~~~~E (305) 294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 - Fax TO: r -.. '.... ..-....--.. , BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 All Active and Retired Employees Constitutional Officers Teresa E. Agui~r, Directo~ /Jr2c ' Employee Services O-y.l FROM: DATE: November 19,2006 SUB]: Plan Document - additional language Retiree Waiver of group health insurance coverage Please be advised that the approval of the amended Employee Health Plan Document to become effective January 1,2007 is scheduled for the December 20,2006 Board of County Commission meeting. As you are aware, the Plan was approved on September 20, 2006. After the approval, staff was made aware by the Benefits Consultant (who assisted in drafting the final document), that the Plan should also reflect past and current practice pursuant to Resolution No. 354-2003. The additional wording in Section 2A - Eligibility will specifically state the following: Retirees: You will only be eligible for retiree coverage under the Plan at the time you retire. If you fail to elect retiree coveraf!e. waive your retiree coverage or let your retiree coverage lapse. yOU will no lonf!er be entitled to coveraf!e under the Plan. To further explain, Retiree Resolution #354-2003 allows retirees to retain their group health insurance benefits following their termination of employment, provided they pay a monthly premium, The County's practice is to allow retirees to waive the medical coverage if they do not wish to maintain their group health insurance benefits with Monroe County following their retirement. Again, please understand that the current practice and procedure will remain the same and there is no change. This additional wording only clarifies what is the current practice. If you have any questions or need further explanation, please do not hesitate to contact me at 305-292-4458. BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~y Meeting Date: November 15. 2006 Bulk Item: Y es ~ No Division: Emplovee Services StatTContact Person: Teresa Aguiar AGENDA ITEM WORDING: Approval to amend and add language to the Health Plan Document and to attach Retiree Resolution to Amendment as Exhibit A to allow retirees to waive the County's group health insurance benefits. ITEM BACKGROUND: It is and has been the County's practice to allow retirees to waive their group health insurance benefits. This language should be included in the Health Plan Document revision which was approved at the BOCC meeting of September 20, 2006. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: See attached amendment. STAFF RECOMMEND A TIONS: Approval to amend the existing Health Plan Document which becomes effective January 1,2006 to add language of current practice of allowing retirees to waive the County's group health insurance benefits and to add the Retiree Resolution 354-2003 as an exhibit in order to include the resolution in the Plan. TOTAL COST: none BUDGETED: Yes -L No COST TO COUNTY: none SOURCE OF FUNDS: nJa REVENUE PRODUCING: Yes_ N02L&1!O TPERMONTH_ Year wtk~D& . ul9 APPROVED BY: County Att0Z OMB ing _ Risk Management full .0- DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 FIRST AMENDMENT TO MONROE COUNTY EMPLOYEE HEALTH PLAN (BOCC approved 9/20/06) WHEREAS, on September 20, 2006, the Board approved the Employee Health Plan (Plan) which will become effective on January 1,2007; and WHEREAS, the Board approved Resolution No. 354-2003 at a Special Meeting held September 10, 2003 concerning retiree eligibility under the Plan, said resolution still being in effect and incorporated herein; and WHEREAS, the Plan approved September 20, 2006 needs clarification in order to accurately reflect past and current practices and to include provisions pursuant to Resolution No. 354-2003; and WHEREAS, the Plan Administrator reserves the right to amend the Plan at any time; and WHEREAS, the Plan states that "Any changes in the Plan Document shall be made by written Amendment; and NOW, THEREFORE, the Plan shall be amended to read as follows: 1. Page 2, Section 2, shall be amended to read as follows: Section 2A - Eligibility You and your Eligible Dependents can be eligible to receive benefits under the Plan after you complete 60 days of continuous service. Active Employees. To be eligible as an active employee, you must be an active full-time employee, who is directly employed in the regular business of and compensated for services by the Employer and regularly works 25 or more hours a week. Retirees. You will only be eligible for retiree coverage under the Plan at the time you retire. If you fail to elect retiree coverage, waive your retiree coverage or let your retiree coverage lapse, you will no longer be entitled to coverage under the Plan. To be eligible as a retiree, you must be a retiree who fits within one of the following categories, and you must pay the following cost: If you fall under one of the following: You pay: Current Retiree Cost equal to HIS* for 10 years servIce Normal retirement under ~121.021(29)F.S. \ from Cost equal to HIS* for 10 years Monroe County & FRS with 10 years full-time service servIce Early retirement under S 121. 021 (30), from Monroe Cost equal to HIS* for 10 years County & FRS with 10 years full-time service AND servIce EITHER age 60, or age and years of service added together total 70 Early retirement under S 121. 021 (30), from Monroe Pay Departmental Rate until you County & FRS with 10 years full-time service, NOT age reach age 60 or satisfY Rule of 60, and age and years of service do not add up to 70 70** Retire from FRS without 10 years full-time service with Pay Departmental Rate Monroe County Employees hired on/after 10/01101 who retire from Pay Departmental Rate Monroe County & FRS with 10 years full-time service Re-enro llment under Monroe County group health Pay Departmental Rate program upon retirement with 10 years full-time service and Monroe County was last FRS employer *HIS stands for "health insurance subsidy" **Rule of70: You satisfY the Rule of70 if your age, combined with the number of years of service you have with Monroe County, totals 70 or more. Note: The 10 years of service requirement is 8 years for elected officials. I Florida Statute 121. 021 (29) "Nonnal retirement date" means the first day of any month following the date the member attains one of the following statuses: (a) Ifa regular class member, the member; I. Completes 6 or more years of creditable service and attains the age of 62; or 2. Completes 30 years of creditable service regardless of age, which may include a maximum of 4 years military service credit as long as such credit is not claimed under any other system. (b) If a Special Risk Class member, the member: I. Completes 6 or more years of creditable service and attains the age of 55; 2. Completes 25 years of creditable service regardless of age; or 3. Completes 25 years of creditable service and attains age 52, which service may include a maximum of4 years of military service credit as long as such credit is not claimed under any other system and the remaining years are in the Special Risk Class. (c) If a Senior Management Service Class member, the member: I. Completes 6 years of creditable service and attains the age 62; or 2. Completes 30 years of any creditable service, regardless of age, which may include a maximum of4 years military service credit as long as such credit is not claimed under any other system. (d) I an Elected Officer's Class member, the member: I. Completes 6 years of creditable service in the Elected Officer's Class and attains age 62; or 2. Completes 30 years of any creditable service, regardless of age, which may include a maximum of 4 years of military service credit as long as such credit is not claimed under any other system. "Normal retirement age" is attained on the "nonnal retirement date". 2 Florida Statute 121.021 (30) "Early retirement date" means the first day of the month following the date a member becomes vested and elects to receive retirement benefits in accordance with this chapter. Such benefits shall be based on average montWy compensation and creditable service as of the member's early retirement date, and the benefit so computed shall be reduced by five-twelfths of I percent for each complete month by which the early retirement date precedes his or her nonnal retirement date as provided in s. 121.091(3). Eligible Dependents. To be eligible as an Eligible Dependent, the individual must be: 1. Your Spouse; 2. Your Surviving Spouse 3. Your Domestic Partner*; or 4. Your Child which terms are defined below. 2 "Spouse" means a person of the opposite sex to whom you are legally married under federal law (and from whom you are not legally separated). "Surviving Spouse" means a person ofthe opposite sex to whom you were legally married under federal law (and from whom you were not legally separated) at the time of your death as a retired Participant. "Domestic Partner" means a person over the age of 18 who has chosen to share his or her life with you in a committed family relationship of mutual caring as long as you and that individual: 1. consider yourselves to be members of one another's immediate family; 2. agree to be jointly responsible for one another's basic living expenses; 3. are not otherwise married or a member of another domestic partnership; 4. are not blood related in a way that would prevent you from being married to one another under the laws of Florida; 5. are each of at least legal age and competency required by Florida law to enter into a marriage or other binding contract; 6. reside at the same residence; and 7. each sign a Declaration of Domestic Partnership available from the Employee Benefits Office. An updated Declaration of Domestic Partnership may be required periodically, but not more frequently than annually. The Employee Benefits Office may also ask for substantiation of the Declaration. *Note: If you enroll a Domestic Partner in the Plan, the cost of those benefits to your Employer will be considered taxable wages to you. You might consider discussing the tax implications of enrolling a Domestic Partner in the Plan with your tax advisor prior to enrolling your Domestic Partner. "Child" means a child (1) who bears one of the following Required relationships to you AND (2) who meets the following Child eligibility requirements: 1. Required Relationship: a. Your natural born child, or b. Your legally adopted child (beginning the moment slhe is placed in your custody for adoption). However, with respect to an adopted newborn, when the child is placed in your residence, slhe will be considered a Child under the Plan from the moment of birth, provided a written agreement to adopt such child has been entered into by you prior to birth c. Any child, who resides in your household in a regular parent-child relationship, if slhe qualifies as your exemption under the Internal Revenue Code; or d. A foster child who resides in your household in a regular parent-child relationship, if slhe qualifies as your exemption under the Internal Revenue Code; or e. A newborn child, up to the age of 18 months, of your covered unmarried dependent Child. 2. Child eligibility requirements: a. The Child is unmarried and has not attained the age of 19; or 3 b. The unmarried Child is a student under the age of 24 (student defined as enrolled in an accredited school on a full or part-time basis earning at least 6 credits per semester); or c. The unmarried Child is at least 24, but under 25, is a student (defined above), and earns less than $3,200 per year; or d. The unmarried Child already covered under the Plan and who is beyond the ages specified above if on the date of attainment s/he is incapable of self-sustaining employment because of mental retardation or physical handicap and is principally dependent on you for support and maintenance*. Proof of such incapacity must be provided to the Employer within 31 days of the Child's birthday, and from time to time thereafter upon the Employer's request. In addition, the Employer may request that the Child submit to examinations from time to time. e. In all cases, the Child must reside with you for more than ~ the year, must provide less than ~ his or her own support, and be named as a dependent on your most recent federal income tax return. If both parents are covered under this Plan for Personal Benefits, then either parent, but not both, may cover a child for Dependent Benefits. No individual can be covered for both Personal and Dependent Benefits. It is your responsibility to notify the Plan if your Child experiences a status change that would affect his or her eligibility under the Plan. *Proof may be required. Exceptions: If your Eligible Dependent is employed and covered under a group plan or plans sponsored by their employer, the day immediately following the date such coverage terminates due to the termination of your Eligible Dependent's employment may also be deemed to be the date you acquired that Eligible Dependent and any other Eligible Dependent who had been covered under that plan. Written proof of loss of coverage must be submitted to the Employee Benefits Office within 31 days 0 f the loss 0 f coverage or else the Eligible Dependent cannot be added until the next Open Enrollment period. 2. Resolution No. 354-2003 which was approved by the Board of County Commissioners at a Special Meeting held September 10, 2003 concerning retiree eligibility under the Plan, also known as the Rule of 70, is herby incorporated into and made a part hereof the Plan by Amendment as Exhibit A. 3. This First Amendment to the Employee Health Plan is effective January I, 2007. THE REMAINDER OF THIS PAGE LEFT INTENTION ALL Y BLANK. 4 4. All other provisions in the Plan shall remain in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the _ day of , 2006. IN WITNESS WHEREOF, this Amendment 1 to the Plan has been duly signed by an authorized representative of the Plan Administrator. Attest: DANNY L. KOLHAGE Clerk of the Court BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Mayor Mario DiGennaro Deputy Clerk 5 Board of County Commissioners RESOLUTION NO. 354 -2003 A RESOLUTION CANCELLING RESOLUTION NO. 154-2003 AND AMENDING RETIREMENT ELIGIBIUTY REQUIREMENTS FOR GROUP HEALTH INSURANCE COVERAGE FOR MONROE COUNTY EMPLOYEES. WHEREAS, group health insurance expenses have been steadily increasing; and WHEREAS, the number of retired County employees continues to increase dramatically each year, and WHEREAS, it is the intent of the Monroe County Board of County Commissioners to allow County employees, including employees of the Constitutional Officers and the Mosquito Control Board, who meet the criteria established in this resolution to retire through the Florida Retirement System and maintain their group health insurance benefits with Monroe County as provided herein; now, therefore, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. A. (i) Employees in FRS Regular and Special Risk Classes with a hire date prior to October I, 200 I, with a minimum of ten (l0) years of full-time service with Monroe County, who retire on, or after, their normal retirement date as described in Sec. 121.021(29), F.S., and who are covered under the group health insurance coverage provided by Monroe County upon retirement, employees in other FRS Classes who complete the number of years of creditable service required by the Florida Statutes to be eligible for a benefit under FRS, who retire on, or after, their normal retirement date under Soc. 121.021(20) F.s., and who are covered under the group health insurance covemge provided by Monroe County upon retirement, including those who have retired or will retire in accordance with these insurance programs, and all other retirees who as of October 1,2001 are participating in the County's group insurance program at no cost, may maintain their group health insurance benefits with Monroe County following their retirement at a cost equal to the Health Insurance Subsidy for 10 years of service, which is currently $50.00 per month. (ii) Employees hired, on or after, October I, 2oot, who meet the requirements of Section 1. A. (i) may maintain their group health insurance benefits with Monroe County following their tennination of employment, provided such retired employees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month commencing with the month following the month in which the employee retires. EXHIBIT A B. (i) Employees with a hire date prior to October 1,2001, with ten (10) years of full-time service with Monroe County who are covered under the group health insurance coverage provided by Monroe County upon retirement and retire at an early retirement date, as described in Sec. 12l.021(30) F.S., may maintain their group health benefits with Monroe County following their early retirement.. provided such early retirees pay to Monroe County a monthly premium in an amount established annually by the Board of County Conunissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month commencing with the month following the month in which the employee retires. Early retirees who pay the premiums described in subsection 1. B. (i) will continue to be covered by Monroe County's group health insurance benefits at a cost to the retirees equal to the Health Insurance Subsidy for 10 years of service, which is currently $50.00 per month upon meeting either of the following requirements: (a) Sixty (60) years of age for Regular Class employees or fifty-five (55) years of age for Special Risk Class; or (b) Qualifications under the Rule of 70 wherein the combined years of Service with Monroe County and the retiree's age equal a total of seventy (70). (ii) Employees with a hire date on or after October I, 2001, who meet the requirements of Section 1. B. (i) above and retire at any early retirement date, may maintain their group health insurance benefits with Monroe County following their early retirement, provided such early retirees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for month following the month in which the employee retires. Notwithstanding anything to the contrary, however, employees with a hire date on or after October 1, 200 I are not eligible for the premium adjustment under Section l. B. (i). C. Employees with at least ten (10) years of full-time service with Monroe County who are covered under the group health insurance coverage provided by Monroe County upon termination of employment and are fully vested under FRS who elect not to retire under FRS upon tennination of employment with Monroe County, may elect to re-enroll under the group health insurance coverage provided by Monroe County upon retirement under FRS, provided that Monroe County was their last FRS employer. Fonner employees electing this option, may maintain their group health insurance benefits with Monroe County following such election, provided such former employees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equa~ but DOt exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month beginning with the first of the month following the month in which the employee elects to re-enroll under the group health insurance coverage provided by Monroe County upon retirement from FRS. Employees electing this option must, notifY Monroe County of their intent to re-enroll in the County's group health insurance program. Employees who re-enroll under the group health insurance coverage pursuant to this paragraph are not eligible for premium adjustments under subsection I. B. (i) of this resolution. D. Employees with less than ten (10) years of full-time service with Monroe County who are covered under the group health insurance coverage provided by Monroe County upon tennination of employment and are fully vested under FRS, upon retirement under FRS in accordance with these provisions, and provided that Monroe County was their last FRS employer, may maintain their group health insurance benefits with Monroe County following their termination of employment, provided such tenninated employees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month beginning with the first of the month following the month in which the employee terminates employment with Monroe County. Employees with less than ten (10) years of full-time service with the County are not eligible for premium adjustments under subsection I. B. (i) of the resolution. Section 2. This resolution shan be effective as of January I, 2004. Section 3. This resolution does not affect any requirement of eligibility with the Florida Retirement System; it affects only eligibility to receive health insurance benefits under the. Monroe County Group Employee Benefit Plan. Section 4. For purposes of this resolution, full-time service shall have the meaning provided in the County's policies and procedures governing detennination of service. For pUlpOses of this resolution, the definition of date of hire is the date an employee first begins work for Monroe County detennined in accordance with the County's procedures governing fringe benefits. Any break in employment of forty-eight (48) hours or more will result in a new date of hire if the employee returns to County service. Section 5. The Monroe County Board of County Commissioners formally reserves the right to any and all future changes and modifications of this resolution, the group insurance contract providing health benefits described herein and/or the required premium contnbutions. ~ .." ~8 - Section 6. The Monroe County Board of County Commissioners cancels Resol o.~~ 2003. St2~. c; 0 ~-<w~ ~r C) g PASSED AND ADOPTED by the Board of County Commissioners ofMomoe Count~ri~at ~ a tA!!pIIt meeting of said Board held on the 101b day of September, 2003. ~~~ ca g spec: 1a1 r. I' tI'I '!" r- I -~ ,: I ..'\ , ~. - (SEAL) . :'~\ Mayor Dixie M. Spehar Mayor Pro Tem Murray E. Nelson Commissioner George Neugent Commissioner Charles .'Sonny" McCoy Commissioner David P. Rice No YI!!R Yes Yes Yes AITEST~Da:tiny L. Kolhage, Clerk Board of County Commissioners of M07,t;ty'J;j.da ~ RNEY Mayor/Chairman