Common use of POST EMPLOYMENT HEALTH PLAN Clause in Contracts

POST EMPLOYMENT HEALTH PLAN. (a) The City agrees to participate in the Post Employment Health Plan (PEHP), Health Care Insurance Premium Sub-account, for Collectively Bargained Public Employees (Plan) in accordance with the terms and conditions of the Plan’s Participation Agreement, a copy of which has been provided to the City. The Plan Administrator for the Plan shall be mutually agreed upon by the City and the Union and the City agrees to contribute to the Plan as set forth in this Article. (b) Except as provided in subsection (c), upon termination of employment for any reason (which does not include death), one-hundred percent (100%) of the eligible fire fighter’s accumulated sick leave and accrued but unpaid vacation that would have otherwise been paid to the eligible fire fighter had the City not participated in the Plan shall be contributed to the Participant’s Health Care Insurance Premium Reimbursement Sub-account. Those fire fighters who separated from service prior to January 12, 2005 shall not be subject to the Plan. This subsection (b) is further subject to the following restrictions: (1) The City shall deduct any overpayments to the fire fighter or other legal offsets due to the City from the fire fighter prior to making the contribution to the Participant’s Health Care Insurance Premium Reimbursement Sub-account; however, before overpayment deductions and other legal offsets are made from accumulated sick leave and accrued but unpaid vacation, the City will first make the deductions and offsets from other compensable absences of the fire fighter, if any, and then any remaining balance shall be deducted and offset from the accumulated sick leave and accrued but unpaid vacation. (c) Fire fighters who are eligible for fully paid family retiree medical benefits through TRICARE or by their status as a Native American through the Bureau of Indian Affairs medical benefit programs shall not be eligible for or subject to the contribution amount set forth in Section 2(b).

POST EMPLOYMENT HEALTH PLAN. (a) Section 1: The City agrees to participate in the Post Employment Health Plan (PEHP), Health Care Insurance Premium Sub-account, for Collectively Bargained Public Employees (Plan) in accordance with the terms and conditions of the Plan’s Participation Agreement, a copy of which has been provided to the City. The parties hereto hereby designate Nationwide Retirement Solutions (or its successor appointed in accordance with the Plan and Trust documents) to act as Plan Administrator for the Plan shall be mutually agreed upon by the City and the Union and the City agrees to contribute to the Plan as set forth in this Article. (b) Section 2: Except as provided in subsection (c)Section 3, upon termination of employment for any reason (which does not include death)) after having completed 19½ years of service or having reached age 55, one-hundred percent (100%) or qualifying for a disability retirement, a percentage of the eligible fire fighterpolice officer’s accumulated sick leave and accrued but unpaid vacation that would have otherwise been paid to the eligible fire fighter police officer had the City not participated in the Plan shall be contributed to the Participant’s Health Care Insurance Premium Reimbursement Sub-account. Those fire fighters police officers who separated from service prior to January 121, 2005 2006 shall not be subject to the Plan. The Association will notify the City of the contribution percentage of the eligible police officers’ accumulated sick leave by November 15th of the previous year, as provided in Section 4. This subsection (b) section is further subject to the following restrictions: (1a) The City shall deduct any overpayments to the fire fighter police officer or other legal offsets due to the City from the fire fighter police officer prior to making the contribution to the Participant’s Health Care Insurance Premium Reimbursement Sub-account; percentage calculation being made, however, before overpayment deductions and other legal offsets are made from accumulated sick leave and accrued but unpaid vacation, the City will first make the deductions and offsets from other compensable absences of the fire fighterpolice officer, if any, and then any remaining balance shall be deducted and offset from the accumulated sick leave and accrued but unpaid vacation; and (b) The percentage calculation shall be made after the City processes designated deferred compensation contributions or designated roll-overs of the police officer. (c) Fire fighters Section 3: Police officers who are eligible for fully paid family retiree medical benefits through TRICARE TRICARE, any other military program or by their status as a Native American through the Bureau of Indian Affairs medical benefit programs shall not be eligible for or subject to the contribution amount set forth in this Article. Section 2(b)4: Annually, the Association reserves the right to modify the funding formulas of the Plan as set forth in Section 2 pertaining to the amount of accumulated sick leave and accrued but unpaid vacation being contributed to the Plan on behalf of the eligible police officers.

POST EMPLOYMENT HEALTH PLAN. (a) The City agrees to participate in the Post Employment Health Plan (PEHP), Health Care Insurance Premium Sub-account, for Collectively Bargained Public Employees (Plan) in accordance with the terms and conditions of the Plan’s Participation Agreement, a copy of which has been provided to the City. The Plan Administrator for the Plan shall be mutually agreed upon by the City and the Union and the City agrees to contribute to the Plan as set forth in this Article. (b) Except as provided in subsection (c), upon termination of employment for any reason (which does not include death), one-hundred percent (100%) of the eligible fire fighter’s accumulated sick leave and accrued but unpaid vacation that would have otherwise been paid to the eligible fire fighter had the City not participated in the Plan shall be contributed to the Participant’s Health Care Insurance Premium Reimbursement Sub-Sub- account. Those fire fighters who separated from service prior to January 12, 2005 shall not be subject to the Plan. This subsection (b) is further subject to the following restrictions: (1) The City shall deduct any overpayments to the fire fighter or other legal offsets due to the City from the fire fighter prior to making the contribution to the Participant’s Health Care Insurance Premium Reimbursement Sub-account; however, before overpayment deductions and other legal offsets are made from accumulated sick leave and accrued but unpaid vacation, the City will first make the deductions and offsets from other compensable absences of the fire fighter, if any, and then any remaining balance shall be deducted and offset from the accumulated sick leave and accrued but unpaid vacation. (c) Fire fighters who are eligible for fully paid family retiree medical benefits through TRICARE or by their status as a Native American through the Bureau of Indian Affairs medical benefit programs shall not be eligible for or subject to the contribution amount set forth in Section 2(b).

POST EMPLOYMENT HEALTH PLAN. (a) The City agrees to participate in the Post Employment Health Plan (PEHP), Health Care Insurance Premium Sub-account, for Collectively Bargained Public Employees (Plan) in accordance with the terms and conditions of the Plan’s Participation Agreement, a copy of which has been provided to the City. The Plan Administrator for the Plan shall be mutually agreed upon by the City and the Union and the City agrees to contribute to the Plan as set forth in this Article. The parties agree to the creation of a three-person PEHP advisory committee. The committee shall consist of an active firefighter appointed by the Union, a retired firefighter appointed by the Chief, and an appointee of the Denver Office of Human Resources (OHR) as voting members of the committee. The OHR shall provide one non- voting member to act as secretary appointed by the City. The PEHP advisory committee will be responsible for making plan administrative and coverage decisions, including approval of an investment menu, as may be required by the PEHP third-party administrator. Since committee members may not qualify for governmental immunity, the City shall provide adequate fiduciary errors and omissions insurance to the committee members, and any other insurance determined necessary by the Denver Director of Risk Management. (b) Except as provided in subsection (c), upon termination of employment for any reason (which does not include death), one-one hundred percent (100%) of the eligible fire fighter’s accumulated sick leave and accrued but unpaid vacation that would have otherwise been paid to the eligible fire fighter had the City not participated in the Plan shall be contributed to the Participant’s Health Care Insurance Premium Reimbursement Sub-account. Those fire fighters who separated from service prior to January 12, 2005 shall not be subject to the Plan. This subsection (b) is further subject to the following restrictions: (1) The City shall deduct any overpayments to the fire fighter or other legal offsets due to the City from the fire fighter prior to making the contribution to the Participant’s Health Care Insurance Premium Reimbursement Sub-account; however, before overpayment deductions and other legal offsets are made from accumulated sick leave and accrued but unpaid vacation, the City will first make the deductions and offsets from other compensable absences of the fire fighter, if any, and then any remaining balance shall be deducted and offset from the accumulated sick leave and accrued but unpaid vacation. (c) Fire fighters who are eligible for fully paid family retiree medical benefits through TRICARE or by their status as a Native American through the Bureau of Indian Affairs medical benefit programs shall not be eligible for or subject to the contribution amount set forth in Section 2(b).