HomeMy WebLinkAboutR-1995-053 1995-1997 Collective Bargaining Agreement•
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RESOLUTION NO. R-95- 53
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute an Amendment to 1995-1997 Collective Bargaining
Agreement for Yakima Police Patrolmans Association.
WHEREAS, the City of Yakima, hereinafter the "City," and the Yakima Police
Patrolmans Association, hereinafter the "Association," negotiated, bargained for, and
entered into a Collective Bargaining Agreement for the period of January 1, 1995
through December 31, 1997, hereinafter the "CBA", and
WHEREAS, Article 36 of the CBA provides an optional deferred compensation
program for Association members; and
WHEREAS, the City and the Association intended that said deferred
compensation would be considered and included to the extent legally possible for
purposes of LEOFF retirement contributions and pension calculations; and
WHEREAS, the Washington State Department of Retirement Systems has
indicated that, because of the optional nature of said deferred compensation program,
said deferred compensation cannot be considered and included for purposes of LEOFF
retirement contributions and pension calculations; and
WHEREAS, the Washington State Department of Retirement Systems has
indicated that said deferred compensation would be considered and included for
purposes of LEOFF retirement contributions and pension calculations if the deferred
compensation program was made mandatory and not optional, and
WHEREAS, the City and the Association desire to amend the CBA to make the
deferred compensation program mandatory so that the deferred compensation shall
be considered and included in LEOFF retirement contributions and pension
calculations; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the proposed Amendment to 1995-1997 Collective Bargaining
Agreement for Yakima Police Patrolmans Association, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated Amendment to 1995-1997 Collective Bargaining
Agreement for Yakima Police Patrolmans Association.
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ADOPTED BY THE CITY COUNCIL this 28th day of March , 1995
ATTEST
City Clerk
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Mayor
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AMENDMENT TO
1995-1997 COLLECTIVE BARGAINING AGREEMENT
FOR
YAKIMA POLICE PATROLMANS ASSOCIATION
THIS AMENDMENT to the existing Collective Bargaining Agreement is
entered into by and between the CITY OF YAKIMA, Washington, a municipal
corporation, hereinafter the "City," and the YAKIMA POLICE PATROLMANS
ASSOCIATION, hereinafter the "Association."
WHEREAS, the City and the Association negotiated, bargained for, and
entered into a Collective Bargaining Agreement for the period of January 1,
1995 through December 31, 1997, hereinafter the "CBA",
WHEREAS, Article 36 of the CBA provides an optional deferred
compensation program for Association members,
WHEREAS, the City and the Association intended that said deferred
compensation would be considered and included to the extent legally possible
for purposes of LEOFF retirement contributions and pension calculations,
WHEREAS, the Washington State Department of Retirement Systems has
indicated that, because of the optional nature of said deferred compensation
program, said deferred compensation cannot be considered and included for
purposes of LEOFF retirement contributions and pension calculations,
WHEREAS, the Washington State Department of Retirement Systems has
indicated that said deferred compensation would be considered and included
for purposes of LEOFF retirement contributions and pension calculations if the
deferred compensation program was made mandatory and not optional,
WHEREAS, the City and the Association desire to amend the CBA to
make the deferred compensation program mandatory so that the deferred
compensation shall be considered and included in LEOFF retirement
contributions and pension calculations
NOW, THEREFORE, the City and the Association agree to amend Article
36 of the CBA to read in its entirety as follows
Effective January 1, 1995, if the bargaining unit members
contribute 1 0% or 1 5% of their monthly salary to deferred
compensation, then the City will match the employee contribution
with an equal amount of 1 0% or 1 5% maximum of their monthly
salary Effective April 1, 1995, each bargaining unit member shall
be paid, in addition to that employee's monthly salary, deferred
earned compensation each month in an amount equal to 1 5% of
said monthly salary Effective August 1, 1995, each bargaining
unit member shall be paid, in addition to that employee's monthly
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salary, deferred earned compensation each month in an amount
equal to 3 0% of said monthly salary
Said deferred earned compensation is separate pay and is not part
of the base monthly salary schedule codified in Yakima Municipal
Code Pay and Compensation Ordinance, subsection 2 20 110
This provision is subject to the City's deferred compensation rules
and regulations adopted by the City Council and IRS regulations,
and the computation of retirement contributions and pension
benefits shall be governed by applicable state law
THIS AMENDMENT is executed by the parties this ` day of ,
1995
YAKIMA POLICE PATROLMANS CITY OF YAKIMA
ASSOCIATION
By. l -m
Pr dent
By.
By. CJ�cJ1Y��� U ATTEST.
Secretary
James Cline
Attorney for Yakima
Police Patrolmans Association
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Cit Tanager
By.
City Clerk
nke
Managem: t Attorney
for City of akima
CITY CONTRACT N0: LL`�
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. a
For Meeting Of 3/28/95
Consideration of Ordinance amending the Management Group Tax
Deferred Plan provided in City of Yakima Municipal Code Section
2.20.130, and Legislation amending the 1995-1997 Collective
Bargaining Agreement (1995-1997 CBA) Between the City of Yakima
and the Yakima Police Patrolmans Association (YPPA).
SUBMITTED BY: Dick Zais, City Manager
John Hanson, Director of Finance & Budget
Paul T. McMurray, Asst. City Attorney
Sheryl M. Smith, Deputy Personnel Officer
CONTACT PERSON/TELEPHONE: John Hanson/575-6070
Paul T. McMurray/575-6030
SUMMARY EXPLANATION: For almost 20 years the City has provided an optional
deferred compensation plan to management group employees. Recently, this optional
deferred compensation plan was also provided to the members of the YPPA in the 1995-
1997 CBA. The mechanics of the plan are simple. In the event an eligible employee
elects to defer a certain percentage of his/her monthly salary, the City automatically
pays the employee additional deferred earned compensation by a like percentage of
that employee's monthly salary up to a maximum of three percent. Thereafter, most
mandatory deductions/withholdings (including state retirement contributions under
RCW 41.26 or RCW 41.40) are calculated upon the employee's total earned compensation,
including all deferred earned compensation. Likewise, pensions are calculated
utilizing figures that included employees' deferred earned compensation.
(Continued on Page 2)
Resolution X Ordinance X Contract X Other(Specify)
Funding Source r�
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Enact Ordinance and Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance No. 95-18 (amends code)
Resolution No. R-95-53 (amends labor contract)
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AGENDA STATEMENT (Page 2)
Item No.
For Meeting Of
SUMMARY EXPLANATION: (Continued)
The Washington State Department of Retirement Systems (WSDRS) now indicates that,
because of the optional nature of the deferred compensation plan, said deferred earned
compensation cannot be considered and included for purposes of RCW 41.26 (LEOFF)
and RCW 41.40 (PERS) retirement contributions and pension calculations. The
potential result of this interpretation is extensive benefits litigation and an
accounting nightmare. However, the WSDRS agency indicates that the situation would
be resolved and deferred compensation would be includable in retirement contribution
and pension calculations if the deferred compensation plan was mandatory. Thus, the
attached Ordinance and the 1995-1997 Collective Bargaining Agreement Amendment
with the Yakima Police Patrolmans Association are intended to make the deferred
compensation plan mandatory and avoid extensive and costly benefits litigation. The
economic costs of implementing the mandatory deferred compensation plan is already
budgeted for and would be extremely negligible. These are essentially housekeeping
measures.
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