DIVISION 4
EMPLOYMENT – GENERAL
Chapter
1
Classified Civil Service
2
Salary Standardization for Employees in Classes of Positions Under the Control of the City Council Except Firemen and Policemen
2.5
Classification and Salary Standardization of Attorney Personnel in the Office of City Attorney
3
Salary Standardization for Firefighters and Policemen
4
Payroll and Reimbursements
5
Reimbursement for Certain Expenses Incurred by City Employees
6
Vacations – Leaves of Absence
7
Miscellaneous Provisions
8
Employer – Employee Relations
9
Compensation Plan for Department of Water and Power
10
Retirement Benefits and Conditions of Entitlement (Adopted Under the Authorization of Charter Section 1168)
11
Health and Welfare Programs for Retired Civilian Employees
11.5
Health Insurance and Other Benefits for Fire and Police Pension Plans
12
Salaries of Elected Officials
13
Administrative Determinations
14
Deferred Compensation Plan
15
Implementation of Internal Revenue Code Section 414(h)(2)
16
Pension Savings Plan for Part-time, Seasonal and Temporary Employees
17
Reimbursement of Training Costs
18
Excess Benefit Plan
18.5
Limited Term Retirement Plan
19
Changes to Maintain Tax Qualified Status for the Fire and Police Pension Plans – Tiers 3 and 4
20
Fire and Police Pension Plan – Tier 5
21
Deferred Retirement Option Plan
22
Miscellaneous Fire and Police Pension Plan Provisions
CHAPTER 1
CLASSIFIED CIVIL SERVICE
Article
1
2
3
4
5
6
7
8
9
10
Examinations
Promotions
Status and Seniority
Certification and Appointment
Rules of Board of Civil Service Commissioners
Employees Exempt from Classified Civil Service
Offices and Positions Not Exempt from Classified Civil Service
Removal, Discharge or Suspension
Employee Station During Transfer or Consolidation of Governmental Functions, or Subsequent to Acquisition of Utility
Restoration of Persons Suspended for Lack of Work, Lack of Funds, or Abolishment of Position
ARTICLE 1
EXAMINATIONS
Sec. 4.1. Qualifications.
SECTION HISTORY
Based on Charter Sec. 103.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.2. Veterans Credits.
SECTION HISTORY
Base on Charter, Sec. 104.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.3. Notice.
SECTION HISTORY
Based on Charter, Sec. 105.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.4. Register of Eligibles.
SECTION HISTORY
Based on Charter, Sec. 106.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.5. Prohibited Acts.
SECTION HISTORY
Based on Charter, Sec. 118.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 2
PROMOTIONS
Sec. 4.8. Promotions – Board Rules.
SECTION HISTORY
Based on Charter, Sec. 107.
Amended by: Title and Section, Ord. No. 158,965, Eff. 6-30-84.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 3
STATUS AND SENIORITY
Sec. 4.11. Transfers.
SECTION HISTORY
Based on Charter, Sec. 108.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 4
CERTIFICATION AND APPOINTMENT
Sec. 4.14. Procedures to Be Followed.
SECTION HISTORY
Based on Charter, Sec. 109.
Amended by: Ord. No. 154,252, Eff. 9-11-80; Subsec. (b), Ord. No. 158,965, Eff. 6-30-84.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.15. Notice to Board of the Civil Service Commissioners.
SECTION HISTORY
Based on Chapter, Sec. 113.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.16. Prohibited Acts.
SECTION HISTORY
Based on Charter, Sec 119.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 5
RULES OF BOARD OF CIVIL SERVICE COMMISSIONERS
Sec. 4.19. Leaves, Transfers, Reinstatement, Tenure.
SECTION HISTORY
Based on Charter, Sec. 110.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 6
EMPLOYEES EXEMPT FROM CLASSIFIED CIVIL SERVICE
Sec. 4.22. Applicability.
SECTION HISTORY
Based on Charter, Sec. 111.
Amended by: Ord. No. 139,315. Eff. 10-29-69, showing Charter Sec. 111 as amended at the Primary Nominating Election held 4-1-69, and Eff. 5-2-69; Ord. No. 154,252, Eff. 9-1180.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.23. Inclusion of Previously Exempt Employees.
SECTION HISTORY
Based on Charter Sec. 121.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 7
OFFICES AND POSITIONS NOT EXEMPT FROM CLASSIFIED CIVIL SERVICE
Sec. 4.25. General Managers of Certain Departments.
SECTION HISTORY
Based On Charter, Sec. 111 1/2
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 8
REMOVAL, DISCHARGE OR SUSPENSION
Sec. 4.28. For Cause.
SECTION HISTORY
Based on Charter, Sec. 112.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.29. Claims for Compensation.
SECTION HISTORY
Based on Charter, Sec. 112 1/2.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.30. Violations of Charter.
SECTION HISTORY
Based on Charter, Sec 124.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 9
EMPLOYEE STATION DURING TRANSFER OR CONSOLIDATION OF GOVERNMENTAL FUNCTIONS, OR
SUBSEQUENT TO ACQUISITION OF UTILITY
Sec. 4.33. Inclusion in Classified Civil Service.
SECTION HISTORY
Based on Charter, Sec. 122.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.34. Utilities Acquired by City.
SECTION HISTORY
Based on Charter, Sec. 431.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 10
RESTORATION OF PERSONS SUSPENDED FOR LACK OF WORK, LACK OF FUNDS, OR ABOLISHMENT
OF POSITION
Sec. 4.37. Board of Civil Service Commissioners to Make Rules.
SECTION HISTORY
Based on Charter, Sec. 125.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.38. Fire and Police.
SECTION HISTORY
Based on Charter, Sec. 125 1/2.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
CHAPTER 2
SALARY STANDARDIZATION FOR EMPLOYEES IN CLASSES OF POSITIONS UNDER THE
CONTROL OF THE CITY COUNCIL EXCEPT FIREMEN AND POLICEMEN
Article
1
2
3
4
5
6
7
7.1
8
9
10
11
12
Non-applicability of Chapter Definitions
Classification for Classes of Positions Under the Control of the City Council Except Firemen and Policemen
Compensation Plan
Service Ratings
Applicable Salary Rates Upon Change of Status
Maintenance Allowance
Compensation to Employees Injured in Course of Employment
Reimbursement for Lost or Damaged Property of City Employees
Hours of Work
Legal Holidays and Open and Closed Days for City Offices
Leaves of Absence
Establishment of New Positions and Employment of Personnel
General Provisions
ARTICLE 1
NON-APPLICABILITY OF CHAPTER DEFINITIONS
Section
4.41
Non-applicability of Chapter.
4.42
Definitions of Terms.
4.43
Definitions of Section Headings, Tenses, Gender and Number References.
Sec. 4.41. Non-Applicability of Chapter.
None of the provisions of this chapter shall apply to any person employed in the Fire Department of the City of Los Angeles who has been duly and regularly
appointed under civil service rules and regulations to perform the duties of a regular fireman, or to any person employed in the Police Department of the City of Los
Angeles who has been appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 89,934.
Sec. 4.42. Definitions of Terms.
The words and terms defined in this section shall have the following meanings in this chapter and in any other chapter or ordinance classifying and fixing the
salaries and compensation or authorizing employment of personnel in any department, bureau or office of the City of Los Angeles:
(a)
“Charter” when used alone means the City Charter of the City of Los Angeles.
(b)
“Council” when used alone means the City Council of the City of Los Angeles.
(c)
“City Service” or “Service of the City” means all positions in all departments, bureaus and offices as herein defined, that are subject to control
and regulation by the City Council of the City of Los Angeles.
(d)
“Department” means any department, bureau or office of the government of the City of Los Angeles, except those departments, which under
the Charter, have control of their own definite revenues or funds.
(e)
“Classified Service” means all positions in the City service except those specifically placed in the exempt service as provided in the Charter.
(f)
“Exempt Service” means all positions in the City service not subject to the Civil Service provisions requiring competitive tests of fitness for
appointment and such other provisions, as by their terms, apply specifically to competitive positions alone. All such positions, however, shall be subject to
all the provisions of this chapter insofar as consistent with the Charter.
(g)
“Series” means one or more occupational or family groups having classes of positions with duties substantially similar in nature and character,
such classes being placed in the respective groups to aid in the process of classification, in determining and fixing compensation and in administering the
City classification and compensation plan.
(h)
“Group” means a major subdivision of a series including one or more classes of positions in an associated craft, occupation, profession or
functional activity.
(i)
“Class” or “Class of Positions” means a definitely recognized kind of employment in the City service designed to embrace all positions
sufficiently similar in respect to the duties and responsibilities therefor in which:
(a)
the same requirements as to education, experience, knowledge and ability are demanded of incumbents;
(b)
the same tests of fitness may be used in choosing qualified appointees;
(c)
the same schedule of compensation may be made to apply with equity.
(j)
“Title,” “Class Title” or “Title of Class” means the designation given or name applied by the Board of Civil Service Commissioners to a class
or to each position allocated to a class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the
corresponding general duties statement and the class specification, and it is always to be used and understood in that sense, even though it may previously
have had a broader, narrower or different significance.
(k)
“Position” means any office or place of employment or two or more of such offices or places of employments, the duties of which call for
services to be rendered by one person.
(l)
“Employee” means a person legally occupying a position in the City service.
(m)
“Allocation” means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual
position to an appropriate class.
(n)
“Reallocation” means a reassignment or change in allocation, of an individual position by raising it to a higher class, reducing it to a lower
class, or moving it to another class at the same level on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such
position.
(o)
“Classification Plan” means an orderly arrangement of positions under separate and distinct classes so that each class will contain all those
positions which are sufficiently similar in respect to the duties and responsibilities to meet the requirements of Section 1003 of the Charter, such
Classification Plan being established and maintained by the Board of Civil Service Commissioners as provided in said section of the Charter.
(p)
“Compensation Plan” means the salaries established by ordinance for the several classes of positions recognized in the Classification Plan, so
that all positions of a given class or pay grade will be paid the same salary or according to the same salary range established for the class or pay grade.
(q)
“Compensation” means the salary, wage, allowances, and all other forms of valuable consideration, earned by or paid to any employee by
reason of service in any position, but does not include any allowances for expenses authorized and incurred as incidents to employment.
(r)
“Appointing Authority” means any person or group of persons, including any Board, Commission, General Manager, or other officer having
the power by law or ordinance, to make an appointment to any position in a specified department of the City of Los Angeles.
(s)
“Department Personnel Ordinance” means the ordinance or ordinances passed by the City Council authorizing the employment of a specified
number of personnel in each class and setting up the class codes and titles applicable therefor in the respective departments, bureaus and offices of the City,
such classes, class codes and titles being named and listed in the salary standardization ordinance.
(t)
“Continuous Service” means service without break or interruption during which the employee has been employed by the City. In computing
continuous service for the purpose of this chapter, neither military leaves nor leaves of absence on account of illness, whether with or without pay, shall be
construed as a break or interruption of service. Other absences or suspensions, aggregating in excess of ninety (90) days in any period of twelve (12) months,
including layoffs on account of lack of work, lack of funds, or abolishment of positions, shall be construed as breaking “continuous service.” For purposes
of determining eligibility for military leave with pay as provided in Sections 4.123 and 4.175 of this Code, service in the recognized military service prior to
employment with the City shall be counted as “continuous service”.
(u)
“War Duration Personnel” means any employee filling temporary positions authorized by the Council for a period not to extend beyond the
date on which hostilities in any war shall have cased as fixed either by proclamation of the President of the United States or by concurrent resolution of the
two houses of Congress of The United States and six (6) months thereafter.
(v)
“Military Leave Positions” when used in this chapter and in the department personnel ordinance, means those positions from which any
employees are absent on military leave pursuant to provisions of Section 1023 of the City Charter.
(w)
“Schedule A” when used in this chapter means the Salary Classification Plan for all positions for all departments in City service except
firemen and policemen.
(x)
“FLSA” means the Fair Labor Standards Act;
(y)
“FLSA Non-Exempt Employee” means an employee who is covered by the overtime provisions of the Fail Labor Standards Act;
(z)
“FLSA Exempt or Salaried Employee” means an employee who is not covered by the FLSA overtime provisions as determined by the
General Manager of the Personnel Department;
(aa)
“FLSA Excluded Employees” means an employee who is not subject to any FLSA provisions as determined by the General Manager of the
Personnel Department;
(bb)
“FLSA Overtime” means hours worked in excess of 40 hours in a workweek or in excess of any other standard defined by the FLSA, by a
FLSA Non-Exempt Employee;
(cc)
“Non-FLSA Overtime” means any hours credited towards overtime pursuant to the Los Angeles Administrative Code which is in excess of
FLSA overtime;
(dd)
“Workweek” means a recurring period of seven consecutive days (168 hours);
(ee)
“Hours Worked” means any hours that an employee is required or permitted to be working by the employee's chief administrative officer of
the department or a supervisor delegated the responsibility by such officer;
(ff)
“Compensatory Time Off” means accumulated hours for overtime worked.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Subsec. (s), Ord. 117,872; Subsec. (t), Ord. No. 145,801, Eff. 5-1-74; Subsec. (p), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper.
7-1-00; Subsecs. (x) - (ff) added, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.43. Definitions of Section Headings, Tenses, Gender and Number References.
The words and terms defined in this section shall have the following meanings in this chapter and in any other ordinance classifying and fixing the salaries and
compensation of positions in any department in the City Service.
(a)
Section Headings. Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of any section hereof.
(b)
Tenses. The present tense includes the past and future tenses; and the future, the present.
(c)
Shall and May. “Shall” is mandatory and “May” is permissive.
(d)
Masculine Gender. The masculine gender includes the feminine and neuter.
(e)
Number. The singular number includes the plural, and the plural the singular.
SECTION HISTORY
Based on Ord. No. 89,100.
ARTICLE 2
CLASSIFICATION FOR CLASSES OF POSITIONS UNDER THE CONTROL OF THE CITY COUNCIL EXCEPT
FIREMEN AND POLICEMEN
Section
4.49
4.50
4.51
4.52
4.53
4.55
4.56
4.57
Proposal to Change Allocation and Reallocation of Positions.
Amendment and Maintenance of Classification Plan.
Official Copy of Class Specification in Classification Plan.
Classification of Positions in the Exempt Service.
Allocation and Reallocation of Positions to Classes.
Interpretation of Class Specifications.
Use of Class Titles of Positions.
Declaration of Policy on Adjustments to Classification Plan.
Sec. 4.46. Divisions of City Service.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.47. Exempt and Classified Services.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 89,934.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.48. Classification by Board of Civil Service Commissioners.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.49. Proposal to Change Allocation and Reallocation of Positions.
It shall be the duty of the General Manager of the Personnel Department to bring to the attention of the Board of Civil Service Commissioners
recommendations concerning the allocation or reallocation of any existing position to a different class in the Classification Plan, whenever in his judgment such
allocation or reallocation is necessary to comply with Charter Section 1003. Such reports and recommendations of the said General Manager, submitted for action to
the Board of Civil Service Commissioners, shall be set for public hearing at the conclusion of which the Board of Civil Service Commissioners shall determine what
modifications or amendments, if any, should be made in the Classification Plan. Prior to such hearing a report setting forth the proposed amendments or
modifications of the Classified Plan shall be transmitted to any departments in which positions will be affected if the proposed change be made. No modification or
amendment of the Classification Plan shall be made unless the appointing authority of the department concerned has been given notice and afforded opportunity to
make such recommendations as may be deemed warranted. The hearing herein provided may be set for any regular or special meeting of the Board of Civil Service
Commissioners, provided that the notices herein required to be given shall be given at least ten (10) days prior to the time set for such hearing. At any such hearing
it shall be competent for any employee or group of employees affected by the proposed change to present any protests or recommendations in connection therewith
and the same shall be considered by said Board of Civil Service Commissioners together with any recommendation of any appointing authority. A report setting
forth any amendments or modifications of the Classification Plan which the Board of Civil Service Commissioners proposes to make shall be transmitted to the City
Council and shall thereupon automatically stand referred to the Personnel Committee.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 90,377; Ord. No. 150,582, Eff. 3-24-78, Oper. 4-1-78; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.50. Amendment and Maintenance of Classification Plan.
(a)
Where the City Council after receipt of the request and the reports for which Section 4.131 of this Code provides, takes action to create any new
position or positions to the Board of Civil Service Commissioners shall proceed to classify such position or positions; and in so doing shall consider the report and
recommendations of the General Manager of the Personnel Department, thereafter amending the Classification Plan, if necessary, as a result of the creation of such
positions.
(b)
Whenever any request is made for materially altering the duties required of any position in the Classified Civil Service the same procedure shall be
followed as in the case of establishment of a new position.
(c)
In addition to the reports required by Section 4.131 of this Code the City Council may require such other and additional reports as deemed necessary
from the Director of the Office of Aministrative and Research Services or the General Manager of the Personnel Department, or from any office or department of the
City.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 90,377; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.51. Official Copy of Class Specification in Classification Plan.
(a)
The General Manager of the Personnel Department shall prepare and maintain a written specification for each class of positions and such class
specifications when approved and adopted by the Board of Civil Service Commissioners shall constitute the official specifications of classes in the City service.
Such specifications shall be based on study of the duties and responsibilities of all positions in the City service and after conference with the appointing authorities,
the principal supervisory officials and the employees concerned or their duly accredited representatives. Each class specification shall set forth the title of the class,
a general statement of duties, a statement of distinguishing features of the work, examples of duties of positions in a class, a statement of qualifications necessary
and desirable for efficient performance of the work and such other pertinent information as the Board of Civil Service Commissioners deems appropriate.
(b)
The official copy of the specification for each class of positions shall be maintained in the office of the Board of Civil Service Commissioners and shall
indicate the date of adoption or last revision or amendment or the specification for each class. The official copy of the specifications shall be open to inspection by
the employees and the public under reasonable conditions at all times during business hours. Duplicates of the official copy of any class specification shall be made
available to the Council, to any appointing authority and employee and to persons seeking employment in the City service or to any other persons interested.
(c)
(None.)
(d)
The official copy of the specifications for each class of positions shall be maintained in the office of the Board of Civil Service Commissioners and
shall indicate the date of adoption or last revision or amendment of the specification for each class. The official copy of the specifications shall be open to inspection
by the employees and the public under reasonable conditions at all times during business hours. Duplicates of the official copy of any class specification shall be
made available to the Council, to any appointing authority and employee and to persons seeking employment in the City service or to any other persons interested.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Subsec. (c), repealed by Ord. No. 145,522, Eff. 3-7-74.
Sec. 4.52. Classification of Positions in the Exempt Service.
The provisions under Section 4.49 to 4.56 inclusive of this chapter shall apply to all positions in the Exempt Service.
SECTION HISTORY
Based on Ord. No. 89,100.
Sec. 4.53. Allocation and Reallocation of Positions to Classes.
The allocations of all positions in the departments of the City service as classified by the Board of Civil Service Commissioners under specific classes in the
Classification Plan and as listed in Schedule “C”, are hereby adopted. Schedule “C” naming and listing the positions provided and established by the Council under
class titles in the Classification Plan shall be in the custody of the Board of Civil Service Commissioners and shall be currently maintained by the said Board of
Civil Service Commissioners in accordance with any amendments to the Classification Plan as provided under Section 4.50 of this Code and pursuant to the
provisions of Section 1003 of the Charter, provided that the Council and any appointing authority and any employee or his representative shall be permitted to
consult Schedule “C” during business hours at reasonable length under conditions prescribed by the Board of Civil Service Commissioners.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.54. Notifying Employees of Official Allocation or Reallocation of Position; Protests.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. 90,377.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.55. Interpretation of Class Specifications.
The class specifications are descriptive and explanatory and not restrictive. They are intended to indicate the kinds of positions that should be allocated to the
various classes and shall not be construed as declaring to any extent or in any way what the duties and responsibilities of any position shall be, or as limiting or
modifying the power of any appointing authority to assign duties to, and to direct and control the work of, employees under his supervision, provided that no
employee shall be regularly assigned to a class of position having duties and responsibilities which differ substantially as to kind, character and importance from
those of his class. The use of a particular expression, or illustration as to duties shall not be held to exclude others not mentioned that are of similar kind or quality.
In determining the class to which any position should be allocated, the specification of each class shall be considered in its entirety and in relation to others in
the Classification Plan. Consideration shall be given to the general duties, specific tasks, responsibilities, qualifications desired, and relation to other classes.
The statement of qualifications in the specification for any class, as interpreted herein, constitutes a guide for the establishment of minimum qualifications, if
any, for examination purposes, for the tests to be included in the examinations for the class, and for the evaluation of the qualifications of applicants by the Board of
Civil Service Commissioners.
SECTION HISTORY
Based on Ord. No. 89,100.
Sec. 4.56. Use of Class Titles of Positions.
Pursuant to Section 1003 of the Charter, the title or the appropriate code number of a class to which any position is allocated shall be used to designate the
position in making requests for appropriation of funds for personal services, in the budgets submitted to the Mayor and the City Council, on all payrolls and all other
records and communications of the Board of Civil Service Commissioners, the Controller, the Treasurer and all reports and payrolls providing for the payment of
personal services and dealing with recruitment, promotion, leaves of absence and other personnel activities.
For purposes of internal administration or for any other purpose not involving personnel processes covered by Article X of the Charter, the standard code
designation for each class of position as set out in Schedule “A” may be used where in the judgment of the Board of Civil Service Commissioners and the
Controller such action is necessary or desirable.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.57. Declaration of Policy on Adjustments to Classification Plan.
It is hereby declared to be the policy of the Council that adjustments in personnel authority or salary amendments to reflect changes in the Classification Plan
or changes in pay grades, shall be made only once each fiscal year. In accordance with this policy, any request for adjustments or changes which is forwarded to the
Council pursuant to the provisions of Section 4.49 of this Code shall be reviewed by the Director of the Office of Aministrative and Research Services and
submitted with his recommendations as part of the proposed budget. Emergency requests for adjustments to the Classification Plan, or requests for new positions
pursuant to the provisions of Section 4.131 of this Code, may be submitted and considered at any time, notwithstanding the above provisions of this section.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 103,534; Ord. No. 146,255, Eff. 7-9-74; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 3
COMPENSATION PLAN
Section
4.61
4.61.1
4.62.2
4.65
4.67
4.68
4.72
4.74
4.75
4.83
4.84
4.84.1
Adoption of Classification and Compensation Plan.
[Rate of Compensation for Acting Incumbent to Office of Controller or City Attorney.]
Supervision Differential.
Index to Classes of Salary
Interpretation and Application of Compensation Plan.
Adjustment on Amendment to the Compensation Plan.
Procedure for Adjusted Compensation – Basis for Payment.
Exclusions from Adjusted Compensation.
Adjusted or Additional Compensation.
Equipment Mechanic Apprenticeship Program.
Premium Pay for Persons Possessing Bilingual Skills.
Premium Pay for Persons Possessing Sign Language Skills.
Sec. 4.60. Schematic Compensation Plan for the City Service.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 127,154; Ord. No. 140,559, Eff. 6-19-70, Oper. 7-1-70; Ord. No. 140,617, Eff. 6-29-70; Ord. No. 140,593, Eff. 7-1-70; Ord. No. 147,674, Eff. 9-8-75, Oper.
7-1-75; Subsec. (b), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.61. Adoption of Classification and Compensation Plan.
The following classes of positions are hereby created in the City service and the Code numbers, titles and salaries or salary ranges as hereinafter set forth are
hereby fixed for such classes of positions. Such schedules of classes, together with the codes, titles, salary ranges or salaries shall constitute the salary Classification
Plan for all positions for all departments in said City service and shall be known as Schedule “A”. Wherever in this Code the term Schedule “A” is used, it shall be
deemed to mean and refer to the Schedule “A” in this section.
[NOTE: The MOU and Ordinance numbers referenced below in Schedule “A” set forth the most current salary range or salary for the position indicated.]Class
CodeClCl
SCHEDULE "A"
Class
Code
[Schedule
“A”]
9206
2208
7652
1513-1
1513-2
1585
1223-1
1223-2
1119-1
1119-2
9157A
9157B
1507-2
1590-1
1590-2
1355
9153
9178
9177
9135
1535-1
1535-2
1327
0820
2325-1
2325-2
1951
3774
3781
3781-1
3781-2
3132
1540
3234
7256-1
7256-2
9422-1
9422-2
0845-1
0845-2
3201
1783-1
1783-2
7260-1
7260-2
7260-3
3228-1
3228-2
Class Title
Salary Range: MOU No. or
Ordinance No.
311 Director
MOU 36
A
Academy Trainee
Access Services Analyst
Accountant I
Accountant II
Accounting Aide
Accounting Clerk I
Accounting Clerk II
Accounting Records Supervisor I
Accounting Records Supervisor II
ADA Compliance Officer A
ADA Compliance Officer B
Administrative Aide II
Administrative Analyst I
Administrative Analyst II
Administrative Assistant, Commission for Children, Youth and Their Families
Administrative Coordinator Controller
Administrative Coordinator Mayor
Administrative Deputy Controller
Administrative Hearing Officer
Administrative Intern I
Administrative Intern II
Administrative Secretary
Administrative Trainee (Half-time)
Advance Practice Provider Correctional Care I
Advance Practice Provider Correctional Care II
Agricultural Land Developer
Air Conditioning Mechanic
Air Conditioning Mechanic Supervisor
Air Conditioning Mechanic Supervisor I
Air Conditioning Mechanic Supervisor II
Air Conditioning Technical Advisor
Airport Aide
Airport Assistant Police Chief
Airport Engineer I
Airport Engineer II
Airport Environmental Manager I
Airport Environmental Manager II
Airport Guide I
Airport Guide II
Airport Information Aide
Airport Information Specialist I
Airport Information Specialist II
Airport Manager I
Airport Manager II
Airport Manager III
Airport Police Captain I
Airport Police Captain II
182,202
182,202
MOU 1
MOU 1
MOU 1
MOU 3
MOU 3
MOU 20
MOU 20
182,202
182,202
MOU 1
MOU 61
MOU 61
182,202
182,202
182,202
182,202
MOU 1
MOU 1
MOU 1
182,202
182,202
MOU 10
MOU 10
MOU 21
MOU 2
MOU 13
MOU 13
MOU 13
MOU 13
182,202
182,202
182,202
182,202
MOU 36
MOU 36
MOU 3
MOU 3
MOU 3
MOU 1
MOU 1
MOU 36
MOU 36
MOU 36
MOU 40
MOU 40
3232
3227
3225-1
3225-2
3226
3202
7268-1
7268-2
7268-3
3331
3336-1
3336-2
3336-3
1788-1
1788-2
4310
4313
4308
4311-1
4311-2
4304
4330
1429
2400-1
2400-2
2493-1
2493-2
2419
2423-1
2423-2
2423-3
7925
7926-1
7926-2
7926-3
7926-4
7922
7922H
1191-1
1191-2
2478-1
2478-2
2478-3
2448
2433
2447-1
2447-2
2447-3
2452
2454
2455-1
2455-2
2455-3
4143-1
4143-2
4145
1957
1577
0196
0011
Airport Police Chief
Airport Police Lieutenant
Airport Police Officer I
Airport Police Officer II
Airport Police Sergeant
Airport Safety Officer
Airport Superintendent of Operations I
Airport Superintendent of Operations II
Airport Superintendent of Operations III
Airports Maintenance Superintendent
Airports Maintenance Supervisor I
Airports Maintenance Supervisor II
Airports Maintenance Supervisor III
Airports Public and Community Relations Director I
Airports Public and Community Relations Director II
Animal Care Technician
Animal Care Technician Supervisor
Animal Collection Curator
Animal Control Officer I
Animal Control Officer II
Animal Keeper
Animal License Canvasser
Applications Programmer
Aquarist I
Aquarist II
Aquarium Educator I
Aquarium Educator II
Aquatic Director
Aquatic Facility Manager I
Aquatic Facility Manager II
Aquatic Facility Manager III
Architect
Architectural Associate I
Architectural Associate II
Architectural Associate III
Architectural Associate IV
Architectural Drafting Technician
Architectural Drafting Technician - Harbor
Archivist I
Archivist II
Art Center Director I
Art Center Director II
Art Center Director III
Art Curator
Art Instructor
Art Instructor I
Art Instructor II
Art Instructor III
Art Instructor - As Needed
Arts Associate
Arts Manager I
Arts Manager II
Arts Manager III
Asphalt Plant Operator I
Asphalt Plant Operator II
Asphalt Plant Supervisor
Asset Manager
Assistant Chief Grants Administrator
Assistant Chief Legislative Analyst
Assistant City Administrative Officer
182,202
MOU 39
MOU 30
MOU 30
MOU 39
MOU 30
MOU 1
MOU 1
MOU 1
MOU 36
MOU 12
MOU 12
MOU 12
MOU 36
MOU 36
MOU 4
MOU 12
182,202
MOU 18
MOU 18
MOU 4
MOU 18
MOU 21
182,202
182,202
MOU 8
MOU 8
MOU 20
MOU 20
MOU 20
MOU 20
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 21
MOU 21
MOU 1
MOU 1
MOU 20
MOU 20
MOU 20
MOU 1
MOU 7
MOU 1
MOU 1
MOU 1
MOU 7
MOU 1
MOU 20
MOU 20
MOU 20
MOU 4
MOU 4
MOU 12
MOU 36
MOU 36
182,202
182,202
0553
0547
0220
9232
3808
3684
4219-1
4219-2
7298
7225
7536
4156
0218
9651
7511
9228
9021
3142
9220
0160
9244
9251
9694
9248
9701
9273
7319
9257
9381
9414
9269
9271
9221
1745
9241
9263
0603
4208-1
4208-2
4208-3
4208-4
2418-1
2418-2
9415
1344
1334
3818
3809
9646
3150
1581-2
1581-3
0221
7998
4290
6215
0847
6147
1517-1
Assistant City Attorney
Assistant City Attorney
Assistant City Economic Development Economist
Assistant City Librarian
Assistant Communications Cable Worker
Assistant Communications Electrician
Assistant Deputy Superintendent of Building I
Assistant Deputy Superintendent of Building II
Assistant Director Bureau of Contract Administration
Assistant Director Bureau of Sanitation
Assistant Director Bureau of Street Lighting
Assistant Director Bureau of Street Services
Assistant Director City Economic Development Office
Assistant Director of Finance
Assistant Electrical Tester
Assistant Executive Director, Commission for Children, Youth and Their
Families
Assistant Executive Director, Human Relations Commission
Assistant Gardener
Assistant General Manager Aging
Assistant General Manager Airports
Assistant General Manager Animal Services
Assistant General Manager Community Development
Assistant General Manager Convention Center
Assistant General Manager Cultural Affairs
Assistant General Manager El Pueblo Historical Monument
Assistant General Manager Emergency Preparedness
Assistant General Manager Environmental Affairs
Assistant General Manager General Services Department
Assistant General Manager Information Technology Agency
Assistant General Manager LACERS
Assistant General Manager Los Angeles Fire and Police Pensions
Assistant General Manager Los Angeles Housing Department
Assistant General Manager Neighborhood Empowerment
Assistant General Manager Personnel Department
Assistant General Manager Recreation and Parks
Assistant General Manager Transportation
Assistant Inspector General
Assistant Inspector I
Assistant Inspector II
Assistant Inspector III
Assistant Inspector IV
Assistant Park Services Attendant I
Assistant Park Services Attendant II
Assistant Retirement Plan Manager
Assistant Secretary to Councilmember
Assistant Secretary to Mayor
Assistant Signal Systems Electrician
Assistant Street Lighting Electrician
Assistant Treasurer
Assistant Tree Surgeon
Assistant Youth Employment Specialist II
Assistant Youth Employment Specialist III
Associate City Economic Development Economist
Associate Zoning Administrator
Associate Zoo Curator of Birds
Astronomical Lecturer
Astronomical Observer
Audio Visual Technician
Auditor I
MOU 29
MOU 31
182,202
MOU 36
MOU 14
MOU 2
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 14
182,202
182,202
MOU 4
MOU 36
182,202
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 36
MOU 5
MOU 5
MOU 5
MOU 5
MOU 3
MOU 3
MOU 36
182,202
182,202
MOU 2
MOU 2
MOU 36
MOU 4
182,202
182,202
182,202
MOU 36
MOU 11
MOU 11
MOU 11
MOU 2
MOU 1
1517-2
3704-5
3704-6
3706F
3706G
3706-2
3706M
3707-5
3707-6
3721-5
3721-6
3595-1
3595-2
7560-1
7560-2
3714
3714A
3714-6
3565
Auditor II
Auto Body Builder and Repairer
Auto Body Builder and Repairer
Auto Body Repair Supervisor I
Auto Body Repair Supervisor I
Auto Body Repair Supervisor II
Auto Body Repair Supervisor II
Auto Electrician
Auto Electrician
Auto Painter
Auto Painter
Automotive Dispatcher I
Automotive Dispatcher II
Automotive Engineer I
Automotive Engineer II
Automotive Supervisor
Automotive Supervisor - Airports
Automotive Supervisor
Avionics Specialist
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
1
14
14
12
12
12
12
14
14
14
14
12
12
17
17
12
12
12
2
1759
1764-1
1764-2
1764-3
2397
3725
1203
1485-1
1485-2
1497
3733
3733H
5113-1
5113-1H
5113-2
5113-2H
1491
7244-1
7244-2
3194-1
3194-2
3124
7543-1
7543-2
7542-1
7542-2
7542-3
7542-4
4211
3190
7561-1
7561-2
7557-1
7557-2
7557-3
7557-4
4251
5923
5923A
B
Background Investigation Manager
Background Investigator I
Background Investigator II
Background Investigator III
Banning Residence Museum Director
Battery Technician
Benefits Specialist
Bindery Equipment Operator I
Bindery Equipment Operator II
Bindery Worker
Blacksmith
Blacksmith - Harbor
Boat Captain I
Boat Captain I - Harbor
Boat Captain II
Boat Captain II - Harbor
Book Repairer
Building Civil Engineer I
Building Civil Engineer II
Building Construction and Maintenance General Superintendent I
Building Construction and Maintenance General Superintendent II
Building Construction and Maintenance Superintendent
Building Electrical Engineer I
Building Electrical Engineer II
Building Electrical Engineering Associate I
Building Electrical Engineering Associate II
Building Electrical Engineering Associate III
Building Electrical Engineering Associate IV
Building Inspector
Building Maintenance District Supervisor
Building Mechanical Engineer I
Building Mechanical Engineer II
Building Mechanical Engineering Associate I
Building Mechanical Engineering Associate II
Building Mechanical Engineering Associate III
Building Mechanical Engineering Associate IV
Building Mechanical Inspector
Building Operating Engineer
Building Operating Engineer - Airports
182,202
MOU 1
MOU 1
MOU 1
MOU 20
MOU 14
MOU 20
MOU 14
MOU 14
MOU 14
MOU 14
MOU 14
MOU 4
MOU 4
MOU 4
MOU 4
MOU 14
MOU 17
MOU 17
MOU 36
MOU 36
MOU 36
MOU 17
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 5
MOU 13
MOU 17
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 5
MOU 9
MOU 9
3333-1
3333-2
3338
3588
3589
Building Repairer I
Building Repairer II
Building Repair Supervisor
Bus Operator
Bus Operator Supervisor
MOU14
MOU14
MOU 12
MOU 4
MOU 12
3343
1801-1
1801-2
1801-3
7224
3140
3139
3344
3339
3346
3355
3418
7204
1509-1
1509-2
3353
3354
3351
1803
7833-1
7833-2
1592
1554
0402
3205
7274-1
7274-2
0555
1528-1
1528-2
9151
5927
5927A
1253
0591
1260
1249
1466
7296
7226
3182A
3182-1
3182-2
1180
0302
0736
0740
4229
4289-1
4289-2
0403
9230
2237-1
C
Cabinet Maker
Cable Television Production Manager I
Cable Television Production Manager II
Cable Television Production Manager III
Calligrapher
Camp Manager
Camp Repairer
Carpenter
Carpenter Shop Supervisor
Carpenter Supervisor
Carpentry Technical Advisor
Carpet Layer
Cartographer
Cash Management Officer I
Cash Management Officer II
Cement Finisher
Cement Finisher Supervisor
Cement Finisher Worker
Channel Traffic and Information Coordinator
Chemist I
Chemist II
Chief Accountant Controller
Chief Administrative Analyst
Chief Administrative Assistant to Mayor
Chief Airport Safety Officer
Chief Airports Engineer I
Chief Airports Engineer II
Chief Assistant City Attorney
Chief Auditor Controller I
Chief Auditor Controller II
Chief Benefits Analyst
Chief Building Operating Engineer
Chief Building Operating Engineer - Airports
Chief Clerk
Chief Clerk City Attorney
Chief Clerk Personnel
Chief Clerk Police
Chief Communications Operator
Chief Construction Inspector
Chief Creative Services Division
Chief Custodian Supervisor - Airports
Chief Custodian Supervisor I
Chief Custodian Supervisor II
Chief Demand Auditor
Chief Deputy Controller
Chief Election Assistant
Chief Election Clerk
Chief Electrical Inspector
Chief Environmental Compliance Inspector I
Chief Environmental Compliance Inspector II
Chief Executive Assistant to Mayor
Chief Financial Officer
Chief Forensic Chemist I
MOU 2
182,202
182,202
182,202
MOU 21
MOU 12
MOU 14
MOU 2
MOU 13
MOU 13
MOU 13
MOU 2
MOU 21
182,202
182,202
MOU 2
MOU 13
MOU 14
MOU 21
MOU 8
MOU 8
MOU 36
182,202
182,202
182,202
MOU 36
MOU 36
MOU 32
MOU 36
MOU 36
MOU 36
MOU 9
MOU 9
MOU 20
MOU 20
182,202
MOU 20
MOU 20
MOU 36
MOU 19
MOU 12
MOU 12
MOU 12
MOU 20
MOU 36
182,202
182,202
MOU 36
MOU 19
MOU 19
182,202
MOU 36
MOU 17
2237-2
1579
9286
4250-1
4250-2
3562
9374
4254
4258
1619
9147
9483
9182
7945-1
7945-2
9424
7258-1
7258-2
9180
0407
9200
3165
1968
1741
4239
2384
5154-1
5154-2
0708-1
0708-2
1949-1
1949-2
4269
4260
3187-1
3187-2
0604
4286-1
4286-2
1211-1
1211-2
1512
4275
2360
1189-1
1189-2
7999
2490-1
2490-2
1132
2491-1
2491-2
2492
0713
0714
0559
0567
0568
0569
0570
Chief Forensic Chemist II
Chief Grants Administrator
Chief Harbor Engineer
Chief Heating and Refrigeration Inspector I
Chief Heating and Refrigeration Inspector II
Chief Helicopter Pilot
Chief Information Officer
Chief Inspector
Chief Inspector
Chief Internal Auditor
Chief Investment Officer
Chief Legislative Representative
Chief Management Analyst
Chief of Airport Planning I
Chief of Airport Planning II
Chief of Aviation Technology
Chief of Operations I
Chief of Operations II
Chief of Parking Enforcement Operations
Chief of Staff, Mayor
Chief of Transit Programs
Chief Park Maintenance Supervisor
Chief Park Ranger
Chief Personnel Analyst
Chief Plumbing Inspector
Chief Police Psychologist
Chief Port Pilot I
Chief Port Pilot II
Chief Proctor I
Chief Proctor II
Chief Real Estate Officer I
Chief Real Estate Officer II
Chief Safety Engineer Elevators
Chief Safety Engineer Pressure Vessels
Chief Security Officer I
Chief Security Officer II
Chief Special Investigator
Chief Street Services Investigator I
Chief Street Services Investigator II
Chief Tax Compliance Officer I
Chief Tax Compliance Officer II
Chief Tax Auditor
Chief Transportation Investigator
Chief Veterinarian
Chief Wharfinger I
Chief Wharfinger II
Chief Zoning Administrator
Child Care Associate I
Child Care Associate II
Child Care Coordinator
Child Care Center Director I
Child Care Center Director II
Child Care Program Manager
Choral Accompanist
Choral Conductor
City Attorney Accounting Clerk
City Attorney Administrative Coordinator I
City Attorney Administrative Coordinator II
City Attorney Administrative Coordinator III
City Attorney Administrative Coordinator IV
MOU 17
182,202
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 36
MOU 36
182,202
182,202
MOU 36
MOU 36
MOU 36
MOU 36
MOU 12
MOU 12
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 19
MOU 36
MOU 36
MOU 36
MOU 36
MOU 11
MOU 11
182,202
MOU 11
MOU 11
MOU 36
182,202
182,202
MOU 3
MOU 1
MOU 1
MOU 1
MOU 1
0566
0548
0536
0549
0560
0561
0579
0572
0537
0575
0539
0540
0525
1561-1
1561-2
7944
7941
7237
7237A
7246-1
7246-2
7246-3
7246-4
7232
7232A
1141
0745
1321
1358
2312
2319
9734-1
9734-2
0102
0101-1
0101-2
3800-1
3800-2
3800-3
3802
3686
3689
7610
7607-1
7607-2
7607-3
7607-4
1461-1
1461-2
1461-3
2496
1112
1113
1114
2477
8500
2210
2501-1
2501-2
2501-3
City Attorney Chief Administrative Assistant
City Attorney Chief Investigator
City Attorney Financial Manager
City Attorney Investigator I
City Attorney Investigator II
City Attorney Investigator III
City Attorney Personnel Aide I
City Attorney Personnel Aide II
City Attorney Senior Accountant
City Attorney Senior Personnel Analyst
City Attorney Senior Systems Analyst I
City Attorney Senior Systems Analyst II
City Attorney Systems Analyst II
City Interdepartmental Coordinator I
City Interdepartmental Coordinator II
City Planner
City Planning Associate
Civil Engineer
Civil Engineer - Airports
Civil Engineering Associate I
Civil Engineering Associate II
Civil Engineering Associate III
Civil Engineering Associate IV
Civil Engineering Drafting Technician
Civil Engineering Drafting Technician
Clerk
Clerk Precinct Board
Clerk Stenographer
Clerk Typist
Clinical Assistant
Clinical Coordinator
Commission Executive Assistant I
Commission Executive Assistant II
Commission Hearing Examiner
Commissioner
Commissioner
Communications Cable Supervisor I
Communications Cable Supervisor II
Communications Cable Supervisor III
Communications Cable Worker
Communications Electrician
Communications Electrician Supervisor
Communications Engineer
Communications Engineering Associate I
Communications Engineering Associate II
Communications Engineering Associate III
Communications Engineering Associate IV
Communications Information Representative I
Communications Information Representative II
Communications Information Representative III
Community Affairs Advocate
Community and Administrative Support Worker I
Community and Administrative Support Worker II
Community and Administrative Support Worker III
Community Arts Director
Community Housing Programs Manager
Community Police Aide
Community Program Assistant I
Community Program Assistant II
Community Program Assistant III
MOU 36
MOU 20
MOU 36
MOU 1
MOU 1
MOU 1
182,202
182,202
MOU 20
182,202
MOU 20
MOU 20
MOU 1
MOU 1
MOU 1
MOU 19
MOU 21
MOU 17
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 21
MOU 21
MOU 3
182,202
MOU 3
MOU 3
MOU 10
MOU 17
MOU 1
MOU 1
182,202
182,202
182,202
MOU 12
MOU 12
MOU 12
MOU 14
MOU 2
MOU 13
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 3
MOU 3
MOU 3
MOU 36
MOU 3
MOU 3
MOU 3
182,202
MOU 36
182,202
MOU 1
MOU 1
MOU 1
2500
9053
1660-1
1660-2
1427
1427-1
1427-2
9247
3129
3127-1
3127-2
3341
3543
3541
3541-6
7291
7291A
3758
9168
9165-1
9165-2
7243
7230-1
7230-2
7230-3
7230-4
1628
3330-1
3330-2
3364-1
3364-2
2317-1
2317-2
2317-3
0180
0181
0182
0183
0184
0185
0186
3685
1105-1
1105-2
1105-3
1105-4
3759
2236-1
2236-2
2234-1
2234-2
2234-3
2378
3180
6230
3149
3149A
3149H
3156
3156A
Community Program Director
Community Services Representative
Computer Graphic Artist I
Computer Graphic Artist II
Computer Operator
Computer Operator I
Computer Operator II
Concessions Manager
Construction and Maintenance Superintendent
Construction and Maintenance Supervisor I
Construction and Maintenance Supervisor II
Construction Estimator
Construction Equipment Service Supervisor
Construction Equipment Service Worker
Construction Equipment Service Worker
Construction Inspector
Construction Inspector - Airports
Container Crane Mechanic
Contract Administrator
Contract Compliance Program Manager I
Contract Compliance Program Manager II
Control Systems Engineer
Control Systems Engineering Associate I
Control Systems Engineering Associate II
Control Systems Engineering Associate III
Control Systems Engineering Associate IV
Controller Audit Analyst
Convention Center Building Superintendent I
Convention Center Building Superintendent II
Cook I
Cook II
Correctional Nurse I
Correctional Nurse II
Correctional Nurse III
Council Aide I
Council Aide II
Council Aide III
Council Aide IV
Council Aide V
Council Aide VI
Council Aide VII
Council Phone and Voicemail Technician
Craft Trainee (Building Repair)
Craft Trainee (Communications)
Craft Trainee (Equipment Mechanic)
Craft Trainee (Machinist)
Crane Maintenance Supervisor
Crime and Intelligence Analyst I
Crime and Intelligence Analyst II
Criminalist I
Criminalist II
Criminalist III
Critical Incident Stress Management Program Coordinator
Crossing Guard Curator of Griffith Observatory
Custodial Services Assistant
Custodial Services Assistant - Airports
Custodial Services Assistant - Harbor
Custodian
Custodian - Airports
MOU 20
MOU 1
MOU 21
MOU 21
MOU 21
MOU 21
MOU 21
MOU 36
182,202
MOU 13
MOU 13
MOU 21
MOU 12
MOU 14
MOU 14
MOU 5
MOU 5
MOU 2
MOU 36
MOU 36
MOU 36
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 1
MOU 36
MOU 36
MOU 15
MOU 15
MOU 10
MOU 10
MOU 10
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 2
182,202
182,202
182,202
182,202
MOU 13
MOU 1
MOU 1
MOU 8
MOU 8
MOU 8
MOU 21
MOU 34
182,202
MOU 15
MOU 15
MOU 15
MOU 15
MOU 15
3156H
0701
3176
3176A
Custodian - Harbor
Custodian (non-City facility polling places)
Custodian Supervisor
Custodian Supervisor - Airports
MOU 15
182,202
MOU 12
MOU 12
1470
1137-1
1137-2
1433-1
1433-2
1434
1136-1
1136-2
0835-1
0835-2
5131
5131H
1121-1
1121-2
1121-3
1610
1593-1
1593-2
1593-3
1593-4
0550
0551
0552
0573
0543
0544
0545
0546
9490-1
9490-2
1607
9444
0162
0163
0408
9201-1
9201-2
3211
1806
5865
0217
1768
9302
9304
9306
1606
9259
1194
7625
4266
4321
1608
3535
1568
D
Data Base Architect
Data Control Assistant I
Data Control Assistant II
Data Entry Operator I
Data Entry Operator II
Data Entry Supervisor
Data Processing Technician I
Data Processing Technician II
Day Camp Director I
Day Camp Director II
Deck Hand
Deck Hand - Harbor
Delivery Driver I
Delivery Driver II
Delivery Driver III
Departmental Audit Manager
Departmental Chief Accountant I
Departmental Chief Accountant II
Departmental Chief Accountant III
Departmental Chief Accountant IV
Deputy City Attorney I
Deputy City Attorney II
Deputy City Attorney III
Deputy City Attorney IV
Deputy City Attorney I
Deputy City Attorney II
Deputy City Attorney III
Deputy City Attorney IV
Deputy City Engineer I
Deputy City Engineer II
Deputy Director of Auditing
Deputy Director of Planning
Deputy General Manager Airports/1
Deputy General Manager Airports/2
Deputy Mayor
Deputy Superintendent of Building I
Deputy Superintendent of Building II
Detention Officer
Development and Marketing Director
Diesel Plant Operator
Director City Economic Development Office
Director of Air Service Marketing
Director of Airports Administration
Director of Airports Operations
Director of Airport Safety Services
Director of Auditing
Director of Building Services
Director of Cash Management Services
Director of Communications Services
Director of Enforcement Operations
Director of Field Operations
Director of Financial Analysis and Reporting
Director of Fleet Services
Director of Housing
MOU 21
MOU 3
MOU 3
MOU 3
MOU 3
MOU 20
MOU 21
MOU 21
MOU 7
MOU 7
MOU 4
MOU 4
MOU 3
MOU 3
MOU 3
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 29
MOU 29
MOU 29
MOU 29
MOU 31
MOU 31
MOU 31
MOU 31
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 36
MOU 36
MOU 18
MOU 36
MOU 9
182,202
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
MOU 36
7270-1
7270-2
1858
7974
3722-1
3722-2
9231
3123-1
3123-2
1782-1
1782-2
9233
1488
1857-1
1857-2
3208
1863
9375
4320
6157
1135-1
1135-2
7229
3514
3521
1493-1
1493-2
1493-3
Director of Maintenance Airports I
Director of Maintenance Airports II
Director of Materials Management Services
Director of Materials Testing Services
Director of Police Transportation I
Director of Police Transportation II
Director of Port Administration
Director of Port Construction and Maintenance I
Director of Port Construction and Maintenance II
Director of Port Marketing I
Director of Port Marketing II
Director of Port Operations
Director of Printing Services
Director of Purchasing Services I
Director of Purchasing Services II General Services
Director of Security Services
Director of Supplies
Director of Systems
District Supervisor Animal Regulation
Division Librarian
Documentation Technician I
Documentation Technician II
Drafting Aide
Drawbridge Operator
Drill Rig Operator
Duplicating Machine Operator I Duplicating Machine Operator II
Duplicating Machine Operator III
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
12
36
21
21
21
2
4
3
3
3
0219
2393
2392-1
2392-2
2394
0728
0729
0730
0731
0734
0721
5853
3812
3814
3337
3799
0851
7539
7525-1
7525-2
7525-3
7525-4
7532
7532H
7514
4221
3841
3853
3131
7513
E
Economic Development Economist
El Pueblo Curator
El Pueblo Curator I
El Pueblo Curator II
El Pueblo Historic Museum Director
Election Assistant I
Election Assistant II
Election Assistant III
Election Assistant IV
Election Assistant V
Election Clerk
Electric Pumping Plant Operator
Electrical Conduit Mechanic
Electrical Conduit Supervisor
Electrical Construction Estimator
Electrical Craft Helper
Electrical Craft Helper - Exempt
Electrical Engineer
Electrical Engineering Associate I
Electrical Engineering Associate II
Electrical Engineering Associate III
Electrical Engineering Associate IV
Electrical Engineering Drafting Technician
Electrical Engineering Drafting Technician - Harbor
Electrical Equipment Tester
Electrical Inspector
Electrical Mechanic
Electrical Repairer
Electrical Technical Advisor
Electrical Tester
182,202
182,202
MOU 11
MOU 11
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 9
MOU 2
MOU 12
MOU 21
MOU 2
MOU 2
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 21
MOU 21
MOU 14
MOU 5
MOU 2
MOU 2
MOU 13
MOU 14
3863
0917
3865
3866
3860
3868
3869-1
3869-2
2322
1702
1702-1
1702-2
9486
7212
7217-1
7217-2
7217A
7255-1
7255-2
7255-3
7253-1
7253-2
7253-3
7253-4
7320
4292
7872
7871-1
7871-2
7871-3
7871-4
7310-1
7310-2
7310-3
7304-1
7304-2
2352
4322
3711
3711-5
3711-6
3711H
3525
3525-6
3746
3746-6
4265
3734-1
3734-2
3750
3527
3527H
3527-6
1743
0015
0016
0017
0717-1
0717-2
0717-3
Electrician
Electrician - Exempt
Electrician Supervisor
Elevator Mechanic
Elevator Mechanic Helper
Elevator Mechanic Supervisor
Elevator Repair Supervisor I
Elevator Repair Supervisor II
Emergency Medical Services Educator
Emergency Preparedness Coordinator
Emergency Preparedness Coordinator I
Emergency Preparedness Coordinator II
Engineer of Surveys
Engineering Designer
Engineering Designer I
Engineering Designer II
Engineering Designer - Airports
Engineering Geologist I
Engineering Geologist II
Engineering Geologist III
Engineering Geologist Associate I
Engineering Geologist Associate II
Engineering Geologist Associate III
Engineering Geologist Associate IV
Environmental Affairs Officer
Environmental Compliance Inspector
Environmental Engineer
Environmental Engineering Associate I
Environmental Engineering Associate II
Environmental Engineering Associate III
Environmental Engineering Associate IV
Environmental Specialist I
Environmental Specialist II
Environmental Specialist III
Environmental Supervisor I
Environmental Supervisor II
Equestrian Facilities Supervisor
Equine Keeper
Equipment Mechanic
Equipment Mechanic
Equipment Mechanic
Equipment Mechanic - Harbor
Equipment Operator
Equipment Operator
Equipment Repair Supervisor
Equipment Repair Supervisor
Equipment Safety Investigator
Equipment Specialist I
Equipment Specialist II
Equipment Superintendent
Equipment Supervisor
Equipment Supervisor - Harbor
Equipment Supervisor
Ergonomist
Ethics Officer I
Ethics Officer II
Ethics Officer III
Event Attendant I
Event Attendant II
Event Attendant III
MOU 2
MOU 2
MOU 13
MOU 2
MOU 2
MOU 13
MOU 13
MOU 13
MOU 10
MOU 20
MOU 20
MOU 20
MOU 36
MOU 21
MOU 21
MOU 21
MOU 21
MOU 17
MOU 17
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 17
MOU 21
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 8
MOU 8
MOU 8
MOU 17
MOU 17
MOU 12
MOU 4
MOU 14
MOU 14
MOU 14
MOU 14
MOU 4
MOU 4
MOU 12
MOU 12
MOU 5
MOU 21
MOU 21
MOU 36
MOU 12
MOU 12
MOU 12
MOU 8
182,202
182,202
182,202
MOU 15
MOU 15
MOU 15
3172
9631-1
9631-2
9631-3
3170
3169-1
3169-2
0122
0112
0119
3229-1
3229-2
0124
0121
0128
0131
0132
0133
0134
0135
0136
0137
0138
0139
1117-2
1117-3
9186
0556
0401
9225
9719
2475
9020
0748
0600
9194
0583
0584
9252
0013
1345
2444
Event Attendant
Event Services Coordinator I
Event Services Coordinator II
Event Services Coordinator III
Event Services Manager
Event Supervisor I
Event Supervisor II
Examiner of Elevator Constructors
Examiner of Mechanical Equipment Operators
Examiner of Plumbers and Gasfitters
Examiner of Questioned Documents I
Examiner of Questioned Documents II
Examiner of Registered Deputy Inspectors
Examiner of Steam and Diesel Engineers
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Examining Assistant Civil Service
Executive Administrative Assistant II
Executive Administrative Assistant III
Executive Assistant Airports
Executive Assistant City Attorney Executive Assistant to Mayor
Executive Director Commission on the Status of Women
Executive Director Employee Relations Board
Executive Director Exposition Park Complex
Executive Director Human Relations Commission
Executive Director Office of Public Accountability
Executive Director Police Commission
Executive Director Quality and Productivity Commission
Executive Legal Secretary I
Executive Legal Secretary II
Executive Officer City Clerk
Executive Officer City Ethics Commission
Executive Secretary to Councilmember
Exhibit Preparator
7228
6143
9148
1127
1758-1
1758-2
1758-3
1571-1
1571-2
1552-1
1552-2
1552-3
1552-4
1552-5
1549-1
1549-2
Field Engineering Aide
Film Inspector
Finance Administrative Coordinator
Finance Clerk
Finance Collection Investigator I
Finance Collection Investigator II
Finance Collection Investigator III
Finance Development Officer I
Finance Development Officer II
Finance Specialist I
Finance Specialist II
Finance Specialist III
Finance Specialist IV
Finance Specialist V
Financial Analyst I
Financial Analyst II
MOU 15
MOU 1
MOU 1
MOU 1
MOU 36
MOU 12
MOU 12
182,202
182,202
182,202
MOU 21
MOU 21
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 37
MOU 37
MOU 36
182,202
182,202
MOU 36
182,202
MOU 36
MOU 36
182,202
182,202
182,202
MOU 37
MOU 37
MOU 36
182,202
182,202
MOU 21
F
MOU 21
MOU 3
MOU 20
MOU 3
MOU 1
MOU 1
MOU 1
MOU 21
MOU 21
182,202
182,202
182,202
182,202
182,202
MOU 20
MOU 20
9198-1
9198-2
9198-3
9198-4
9198-5
1557-1
1557-2
1157-1
1157-2
1157-3
9197
2111
7979
7978-1
7978-2
7978-3
7978-4
2379
4240
1504
2233
0805
1555-1
1555-2
3352-1
3352-2
2200-1
2200-2
2200-3
2200-4
Financial Management Specialist I
Financial Management Specialist II
Financial Management Specialist III
Financial Management Specialist IV
Financial Management Specialist V
Financial Manager I
Financial Manager II
Fingerprint Identification Expert I
Fingerprint Identification Expert II
Fingerprint Identification Expert III
Fire Administrator
Fire Department Trainee
Fire Protection Engineer
Fire Protection Engineering Associate I
Fire Protection Engineering Associate II
Fire Protection Engineering Associate III
Fire Protection Engineering Associate IV
Fire Psychologist
Fire Sprinkler Inspector
Fire Student Worker
Firearms Examiner
First Deputy General Manager Harbor
Fiscal Systems Specialist I
Fiscal Systems Specialist II
Floor Finisher I
Floor Finisher II
Forensic Print Specialist I
Forensic Print Specialist II
Forensic Print Specialist III
Forensic Print Specialist IV
182,202
182,202
182,202
182,202
182,202
MOU 36
MOU 36
MOU 3
MOU 3
MOU 3
MOU 36
182,202
182,202
MOU 8
MOU 8
MOU 8
MOU 8
MOU 10
MOU 5
182,202
MOU 21
MOU 36
MOU 20
MOU 20
MOU 14
MOU 14
MOU 21
MOU 21
MOU 21
MOU 21
1544
2440
2442
3538
3531
3531-6
3141
3718
3188-1
3188-2
3198
3183
3185
7211
7213
7214-1
7214-2
7239-1
7239-2
7239-3
3357
2458
2457
2453
2479-1
2479-2
1670-1
1670-2
G
GAAP Compliance Officer
Gallery Attendant (Part Time)
Gallery Attendant
Garage Assistant
Garage Attendant
Garage Attendant
Gardener Caretaker
General Automotive Supervisor
General Services Police Chief I
General Services Police Chief II
General Services Police Lieutenant
General Services Police Officer
General Services Police Sergeant
Geographic Information Systems Chief
Geographic Information Systems Specialist
Geographic Information Systems Supervisor I
Geographic Information Systems Supervisor II
Geotechnical Engineer I
Geotechnical Engineer II
Geotechnical Engineer III
Glazier
Golf Manager
Golf Operation Supervisor
Golf Starter
Golf Starter Supervisor I
Golf Starter Supervisor II
Graphics Designer I
Graphics Designer II
182,202
182,202
MOU 14
MOU 14
MOU 14
MOU 14
MOU 4
MOU 12
MOU 36
MOU 36
MOU 12
MOU 28
MOU 12
MOU 19
MOU 21
MOU 19
MOU 19
MOU 17
MOU 17
MOU 17
MOU 2
MOU 36
182,202
MOU 11
MOU 20
MOU 20
MOU 21
MOU 21
1670-2A
1670-3
7935-1
7935-2
0841
Graphic Designer II - Airports
Graphics Designer III
Graphics Supervisor I
Graphics Supervisor II
Guest Services Representative
MOU 21
MOU 21
MOU 19
MOU 19
182,202
9279-1
9279-2
9224-1
9224-2
9234-1
9234-2
9480
1790
7302
3178
3178A
1328
0563
1326
4245
3743
3743-6
3584
3584-6
3742
3749-1
3749-2
3560
2398
4243
8516-1
8516-2
8504
9207
1742
4130
H
Harbor Engineer I
Harbor Engineer II
Harbor Planning and Economic Analyst I
Harbor Planning and Economic Analyst II
Harbor Planning and Research Director I
Harbor Planning and Research Director II
Harbor Public and Community Relations Director
Harbor Special Events Coordinator
Hazardous Materials Program Manager
Head Custodian Supervisor
Head Custodian Supervisor - Airports
Hearing Officer
Hearing Officer City Attorney
Hearing Reporter
Heating and Refrigeration Inspector
Heavy Duty Equipment Mechanic
Heavy Duty Equipment Mechanic
Heavy Duty Truck Operator
Heavy Duty Truck Operator
Helicopter Mechanic
Helicopter Mechanic Supervisor I
Helicopter Mechanic Supervisor II
Helicopter Pilot
Historic Site Curator
Housing Inspector
Housing Investigator I
Housing Investigator II
Housing Planning and Economic Analyst
Human Relations Advocate
Human Resources Assistant
Hyperion Treatment Plant Manager
MOU 36
MOU 36
MOU 1
MOU 1
MOU 36
MOU 36
MOU 36
MOU 1
MOU 19
MOU 12
MOU 12
182,202
MOU 1
MOU 3
MOU 5
MOU 14
MOU 14
MOU 4
MOU 4
MOU 14
MOU 12
MOU 12
182,202
MOU 1
MOU 5
MOU 1
MOU 1
MOU 1
MOU 1
182,202
MOU 36
1562
1564-1
1564-2
7199-1
7199-2
0605
9191-1
9191-2
2330
1456
1409-1
1409-2
1411-1
1411-2
1411-3
0601
0746
3843
3843A
3844-1
I
Improvement Assessor
Improvement Assessor Supervisor I
Improvement Assessor Supervisor II
Improvement Bond Coordinator I
Improvement Bond Coordinator II
Independent Assessor Fire Commission
Industrial Commercial Finance Officer I
Industrial Commercial Finance Officer II
Industrial Hygienist
Information Services Specialist
Information Systems Manager I
Information Systems Manager II
Information Systems Operations Manager I
Information Systems Operations Manager II
Information Systems Operations Manager III
Inspector General Inspector Precinct Board
Instrument Mechanic
Instrument Mechanic - Airports
Instrument Mechanic Supervisor I
MOU 21
MOU 19
MOU 19
MOU 21
MOU 21
182,202
MOU 21
MOU 21
MOU 17
MOU 21
MOU 36
MOU 36
MOU 19
MOU 19
MOU 19
182,202
182,202
MOU 9
MOU 9
MOU 9
3844-2
3844A
0732
0723
4122
1625-1
1625-2
1625-3
1625-4
0190
9146-1
9146-2
9146-3
3913
Instrument Mechanic Supervisor II
Instrument Mechanic Supervisor - Airports
Intermediate Election Assistant
Intermediate Election Clerk
Intermediate Wastewater Treatment Operator
Internal Auditor I
Internal Auditor II
Internal Auditor III
Internal Auditor IV
Interpreter
Investment Officer I
Investment Officer II
Investment Officer III
Irrigation Specialist
9161A
9161B
9161C
9161D
1583A
1583B
1359A
1359B
0747
2459
Job Developer A
Job Developer B
Job Developer C
Job Developer D
Job Developer Accountant A
Job Developer Accountant B
Job Developer Clerk A
Job Developer Clerk B
Judge Precinct Board
Junior Arts Center Director
3126
3126-6
7854-1
7854-2
7283
7929-1
7929-2
7933-1
7933-2
7933-3
7933-4
3191-1
3191-2
0562
0592
0565
0585
0586
0580
0581
0582
1432-1
1432-2
1418
0191
0192
0193
0194
0195
1182-1
1182-2
9482
Labor Supervisor
Labor Supervisor
Laboratory Technician I
Laboratory Technician II
Land Surveying Assistant
Landscape Architect I
Landscape Architect II
Landscape Architectural Associate I
Landscape Architectural Associate II
Landscape Architectural Associate III
Landscape Architectural Associate IV
Laundry Worker I
Laundry Worker II
Law Clerk
Law Librarian
Legal Assistant
Legal Clerk I
Legal Clerk II
Legal Secretary I
Legal Secretary II
Legal Secretary III
Legal Senior Systems Analyst I
Legal Senior Systems Analyst II
Legal Systems Analyst
Legislative Analyst I
Legislative Analyst II
Legislative Analyst III
Legislative Analyst IV
Legislative Analyst V
Legislative Assistant I
Legislative Assistant II
Legislative Representative
MOU 9
MOU 9
182,202
182,202
MOU 9
MOU 1
MOU 1
MOU 1
MOU 1
182,202
182,202
182,202
182,202
MOU 4
J
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 20
L
MOU 12
MOU 12
MOU 21
MOU 21
MOU 21
MOU 17
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 15
MOU 15
MOU 1
MOU 6
MOU 1
MOU 3
MOU 3
MOU 3
MOU 3
MOU 3
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 1
MOU 1
182,202
9482H
6152-1
6152-2
6152-3
1172-1
1172-2
1140
1140-1
1140-2
2332
2476
3523
0844
3393
4281-1
4281-2
4280-1
4280-2
Legislative Representative - Harbor
Librarian I
Librarian II
Librarian III
Library Assistant I
Library Assistant II
Library Clerical Assistant
Library Clerical Assistant I
Library Clerical Assistant II
Licensed Vocational Nurse
Lifeguard Recruit
Light Equipment Operator
Locker Room Attendant
Locksmith
Lot Cleaning Superintendent I
Lot Cleaning Superintendent II
Lot Cleaning Supervisor I
Lot Cleaning Supervisor II
182,202
MOU 6
MOU 6
MOU 6
MOU 3
MOU 3
MOU 3
MOU 3
MOU 3
MOU 10
182,202
MOU 4
MOU 3
MOU 2
MOU 36
MOU 36
MOU 12
MOU 12
3763
3763-6
3763H
3766
3766-1
3766-2
3766H
1125-1
1125-2
3108
3115
3115-6
3115-9
3112
3112-6
3112-8
1508
9184-1
9186-2
1556
1539
0657
2404
2425-1
2425-2
2402
2403
9437-1
9437-2
9433
9435-1
9435-2
2407
2406
9635
3451
7973-1
7973-2
7967-1
7967-2
M
Machinist
Machinist
Machinist - Harbor
Machinist Supervisor
Machinist Supervisor I
Machinist Supervisor II
Machinist Supervisor - Harbor
Mail Messenger Supervisor I
Mail Messenger Supervisor II
Maintenance Assistant
Maintenance and Construction Helper
Maintenance and Construction Helper
Maintenance and Construction Helper
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Management Aide
Management Analyst I
Management Analyst II
Management Analyst - Systems
Management Assistant
Managing Physician
Marine Aquarium Administrator
Marine Aquarium Curator I
Marine Aquarium Curator II
Marine Aquarium Exhibits Director
Marine Aquarium Program Director
Marine Environmental Manager I
Marine Environmental Manager II
Marine Environmental Supervisor
Marine Environmentalist I
Marine Environmentalist II
Maritime Museum Curator
Maritime Museum Director
Marketing Manager
Masonry Worker
Materials Testing Engineer I
Materials Testing Engineer II
Materials Testing Engineering Associate I
Materials Testing Engineering Associate II
MOU 14
MOU 14
MOU 14
MOU 12
MOU 12
MOU 12
MOU 12
MOU 20
MOU 20
MOU 4
MOU 4
MOU 4
MOU 4
MOU 4
MOU 4
MOU 4
MOU 1
MOU 1
MOU 1
182,202
MOU 1
182,202
MOU 20
MOU 1
MOU 1
MOU 20
MOU 20
MOU 36
MOU 36
MOU 17
MOU 17
MOU 17
MOU 20
MOU 20
MOU 36
MOU 2
MOU 17
MOU 17
MOU 8
MOU 8
7967-3
7967-4
7968-1
7968-2
0141
0142
0143
0144
0145
0146
0147
0148
3342
7554-1
7554-2
7554-3
7554-4
7551
3771
3771-6
0850
3731
3795
3773-1
3773-2
2310
2334
1120
1130-1
1130-2
2338
0115
0117
0105
0114
0113
0126
1109
0107
0104
0103
0111
0109
0020
0108
0106
1111
3413
3585
2401
Materials Testing Engineering Associate III
Materials Testing Engineering Associate IV
Materials Testing Technician I
Materials Testing Technician II
Mayoral Aide I
Mayoral Aide II
Mayoral Aide III
Mayoral Aide IV
Mayoral Aide V
Mayoral Aide VI
Mayoral Aide VII
Mayoral Aide VIII
Mechanical Construction Estimator
Mechanical Engineering Associate I
Mechanical Engineering Associate II
Mechanical Engineering Associate III
Mechanical Engineering Associate IV
Mechanical Engineering Drafting Technician
Mechanical Helper
Mechanical Helper
Mechanical Repairer - Exempt
Mechanical Repair General Supervisor
Mechanical Repairer Supervisor
Mechanical Repairer I
Mechanical Repairer II
Medical Assistant
Medical Director
Medical Records Supervisor
Medical Secretary I
Medical Secretary II
Medical Services Administrator
Member Affordable Housing Commission
Member Airport Zoning Commission
Member Board of Environmental Quality
Member Board of Public Works
Member Board of Zoning Appeals
Member Commission on Disability
Member Cultural Heritage Board
Member Employee Relations Board
Member Energy Conservation Advisory Committee
Member Engineering Geology Advisory Committee
Member Housing Advisory and Appeal Board
Member Medical Advisory Council Member Police Permit Review Panel
Member Productivity Advisory Commission
Member Rent Adjustment Commission
Messenger Clerk
Microfilm Camera Repairer
Motor Sweeper Operator
Museum Guide
9208
0395
2316
2323
Neighborhood Empowerment Analyst
News Secretary
Nurse Manager
Nutritionist
6229-1
6229-2
Observatory Director I
Observatory Director II
MOU 8
MOU 8
MOU 21
MOU 21
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 21
MOU 8
MOU 8
MOU 8
MOU 8
MOU 21
MOU 14
MOU 14
MOU 9
MOU 13
MOU 9
MOU 9
MOU 9
MOU 21
182,202
MOU 20
MOU 3
MOU 3
MOU 36
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 3
MOU 14
MOU 4
MOU 3
N
MOU 1
182,202
MOU 17
MOU 10
O
MOU 36
MOU 36
0848A
0848B
0848C
0848D
6216
6220
6331
2314
2380-1
2380-2
2380-3
3111-1
3111-2
7212-1
7212-2
7212-3
3414
1360
1101
2420-1
2420-2
1779-1
1779-2
0715
Observatory Lecturer
Observatory Lecturer
Observatory Lecturer
Observatory Lecturer
Observatory Program Supervisor
Observatory Mechanic
Observatory Technical Supervisor
Occupational Health Nurse
Occupational Psychologist I
Occupational Psychologist II
Occupational Psychologist III
Occupational Trainee I
Occupational Trainee II
Office Engineering Technician I
Office Engineering Technician II
Office Engineering Technician III
Office Equipment and Machine Repairer
Office Services Assistant
Office Trainee
Open Water Lifeguard
Open Water Lifeguard
Operations and Statistical Research Analyst I
Operations and Statistical Research Analyst II
Orchestra Director
182,202
182,202
182,202
182,202
MOU 8
MOU 14
182,202
MOU 10
MOU 10
MOU 10
MOU 10
182,202
182,202
MOU 21
MOU 21
MOU 21
MOU 14
MOU 3
MOU 3
MOU 18
MOU 18
MOU 8
MOU 8
182,202
3423
3423-2
3426
3426-2
0576
0577
0834
3145
3145-6
3145A
3144
1966
2412-1
2412-2
2426
9264
3530-1
3530-2
9025-1
9025-2
9170-1
9170-2
3738
3757-1
3757-2
3537
9130
1630-1
1630-2
1170-1
1170-2
2449
2443-1
2443-2
P
Painter
Painter II
Painter Supervisor
Painter Supervisor II - Harbor
Paralegal I
Paralegal II
Park Activity Monitor
Park Maintenance Supervisor
Park Maintenance Supervisor
Park Maintenance Supervisor - Airports
Park Management Intern
Park Ranger
Park Services Attendant I
Park Services Attendant II
Park Services Supervisor
Parking Administrator
Parking Attendant I
Parking Attendant II
Parking Enforcement Manager I
Parking Enforcement Manager II
Parking Manager I
Parking Manager II
Parking Meter Technician
Parking Meter Technician Supervisor I
Parking Meter Technician Supervisor II
Parking Services Supervisor
Parking Systems Coordinator
Payroll Analyst I
Payroll Analyst II
Payroll Supervisor I
Payroll Supervisor II
Performing Arts Director
Performing Artist I
Performing Artist II
MOU 2
MOU 2
MOU 13
MOU 13
MOU 1
MOU 1
MOU 3
MOU 12
MOU 12
MOU 12
MOU 4
MOU 18
MOU 3
MOU 3
MOU 20
MOU 36
MOU 15
MOU 15
MOU 36
MOU 36
MOU 12
MOU 12
MOU 14
MOU 12
MOU 12
MOU 12
MOU 20
MOU 1
MOU 1
MOU 20
MOU 20
MOU 20
182,202
182,202
2430-1
2430-2
1731-1
1731-2
1714-1
1714-2
1714-3
1129
1739-1
1739-2
1740
2344-1
2344-2
1793-1
1793-2
1793-3
2473
2309-1
2309-2
0651
0655
2431
3556
3553-1
3553-2
5153
3433
7943-1
7943-2
7939
9236
5851
1107
4118
3453
3456-1
3456-2
6146
3325
3443
0965
3446
3130
4231
9183-1
9183-2
9183-3
1650
3710-1
3710-2
1627-1
1627-2
1627-3
1627-4
2382-1
2382-2
2202
2207-1
2207-2
2207-3
Performing Arts Program Coordinator I
Performing Arts Program Coordinator II
Personnel Analyst I
Personnel Analyst II
Personnel Director I
Personnel Director II
Personnel Director III
Personnel Records Supervisor
Personnel Research Analyst I
Personnel Research Analyst II
Personnel Research Psychologist
Pharmacist I
Pharmacist II
Photographer I
Photographer II
Photographer III
Photography Instructor
Physical Therapist I
Physical Therapist II
Physician I
Physician II
Piano Accompanist
Pile Driver Supervisor
Pile Driver Worker I
Pile Driver Worker II
Pilot Service Manager
Pipefitter
Planning Aide I
Planning Aide II
Planning Assistant
Planning Officer Recreation and Parks
Plant Attendant
Plant Equipment Trainee
Plant Guide
Plasterer
Plasterer Supervisor I
Plasterer Supervisor II
Playback Operator
Playground Equipment Supervisor
Plumber
Plumber - Exempt
Plumber Supervisor
Plumbing and Heating Technical Advisor
Plumbing Inspector
Police Administrator I
Police Administrator II
Police Administrator III
Police Composite Artist
Police Fleet Services Supervisor I
Police Fleet Services Supervisor II
Police Performance Auditor I
Police Performance Auditor II
Police Performance Auditor III
Police Performance Auditor IV
Police Psychologist I
Police Psychologist II
Police Service Assistant
Police Service Representative I
Police Service Representative II
Police Service Representative III
MOU 20
MOU 20
MOU 1
MOU 1
182,202
182,202
182,202
MOU 20
182,202
182,202
182,202
MOU 10
MOU 10
MOU 21
MOU 21
MOU 21
MOU 1
MOU 21
MOU 21
MOU 10
MOU 10
182,202
MOU 13
MOU 2
MOU 2
MOU 36
MOU 2
MOU 21
MOU 21
MOU 21
182,202
MOU 9
MOU 9
MOU 15
MOU 2
MOU 13
MOU 13
MOU 21
182,202
MOU 2
MOU 2
MOU 13
MOU 13
MOU 5
MOU 36
MOU 36
MOU 36
MOU 21
MOU 12
MOU 12
MOU 1
MOU 1
MOU 1
MOU 1
MOU 10
MOU 10
MOU 3
MOU 3
MOU 3
MOU 3
1503
3687-1
3687-2
2383
2240-1
2240-2
2240-3
2240-4
2413
3128
1781
5151-1
5151-2
3224
3223
3221-1
3221-2
3222
0801
3558
1854
1525-1
1525-2
0405
4312
7928
7946
9489
7219
1201
0589
0578
1171
1152-1
1152-2
1336
1458
7297
9653
3215
0735
0727
7875
1158-1
1158-2
3147-1
3147-2
2203
4226
6155-1
6155-2
2424
1794
9134
3210
1786
2464-1
2464-2
3200
1839
Police Student Worker
Police Surveillance Specialist I
Police Surveillance Specialist II
Police Training Administrator
Polygraph Examiner I
Polygraph Examiner II
Polygraph Examiner III
Polygraph Examiner IV
Pool Lifeguard
Port Maintenance Supervisor
Port Marketing Manager
Port Pilot I
Port Pilot II
Port Police Captain
Port Police Lieutenant
Port Police Officer I
Port Police Officer II
Port Police Sergeant
Port Warden
Power Shovel Operator
PRIMA Program Manager
Principal Accountant I
Principal Accountant II
Principal Administrative Coordinator, Mayor
Principal Animal Keeper
Principal Architect
Principal City Planner
Principal Civil Engineer
Principal Civil Engineering Drafting Technician
Principal Clerk
Principal Clerk City Attorney I
Principal Clerk City Attorney II
Principal Clerk Personnel
Principal Clerk Police I
Principal Clerk Police II
Principal Clerk Stenographer
Principal Communications Operator
Principal Construction Inspector
Principal Deputy Controller
Principal Detention Officer
Principal Election Assistant
Principal Election Clerk
Principal Environmental Engineer
Principal Fingerprint Identification Expert I
Principal Fingerprint Identification Expert II
Principal Grounds Maintenance Supervisor I
Principal Grounds Maintenance Supervisor II
Principal Forensic Print Specialist
Principal Inspector
Principal Librarian I
Principal Librarian II
Principal Park Services Attendant
Principal Photographer
Principal Project Coordinator
Principal Property Officer
Principal Public Relations Representative
Principal Recreation Supervisor I
Principal Recreation Supervisor II
Principal Security Officer
Principal Storekeeper 182,202
MOU 2
MOU 13
182,202
MOU 21
MOU 21
MOU 21
MOU 21
MOU 18
182,202
MOU 36
MOU 26
MOU 26
MOU 27
MOU 27
MOU 38
MOU 38
MOU 38
MOU 27
MOU 4
182,202
MOU 20
MOU 20
182,202
MOU 12
MOU 36
MOU 36
MOU 36
MOU 19
MOU 20
MOU 20
MOU 20
MOU 20
MOU 20
MOU 20
MOU 3
MOU 20
MOU 19
MOU 36
MOU 12
182,202
182,202
MOU 36
MOU 19
MOU 19
MOU 36
MOU 36
MOU 19
MOU 19
MOU 16
MOU 16
MOU 20
MOU 19
182,202
MOU 12
MOU 20
MOU 36
MOU 36
MOU 12
MOU 12
1195
1524
1193
9266
1777
1489
1481-1
1481-2
1494-1
1494-2
1496
0704
1868
1859-1
1859-2
1852
1550
1534
1431-1
1431-2
1431-3
1431-4
1431-5
1542
1537
1964-1
1964-2
1964-3
1964-4
3207
2381
1800-1
1800-2
0530
1785-1
1785-2
1864-1
1864-2
Principal Tax Compliance Officer
Principal Tax Auditor
Principal Teller
Principal Transportation Engineer
Principal Workers' Compensation Analyst
Print Shop Trainee
Pre-Press Operator I
Pre-Press Operator II
Printing Press Operator I
Printing Press Operator II
Printing Services Supervisor
Proctor
Procurement Aide
Procurement Analyst I
Procurement Analyst II
Procurement Supervisor
Program Aide
Program Aid - Aging
Programmer Analyst I
Programmer Analyst II
Programmer Analyst III
Programmer Analyst IV
Programmer Analyst V
Project Assistant
Project Coordinator
Property Manager I
Property Manager II
Property Manager III
Property Manager IV
Property Officer
Psychological Assistant
Public Information Director I
Public Information Director II
Public Information Officer City Attorney
Public Relations Specialist I
Public Relations Specialist II
Purchasing Specifications Analyst I
Purchasing Specifications Analyst II
1791
2396
1941-1
1941-2
1960
1960-1
1960-2
1960A
1937
1282
2435
2498A
2498B
2498C
2498D
2469
2465
2434
2499
2467
Radio and Television Programmer
Railroad Museum Director
Real Estate Associate I
Real Estate Associate II
Real Estate Officer
Real Estate Officer I
Real Estate Officer II
Real Estate Officer - Harbor/Airports
Real Estate Trainee
Records Management Officer
Recreation Aide
Recreation Assistant
Recreation Assistant
Recreation Assistant
Recreation Assistant
Recreation Coordinator
Recreation Counselor
Recreation Facility Director
Recreation Instructor
Recreation Services Representative
MOU 20
MOU 20
MOU 20
MOU 36
MOU 20
MOU 14
MOU 14
MOU 14
MOU 14
MOU 14
MOU 12
182,202
MOU 1
MOU 1
MOU 1
MOU 20
MOU 1
MOU 1
MOU 8
MOU 8
MOU 8
MOU 8
MOU 8
MOU 1
MOU 1
MOU 36
MOU 36
MOU 36
MOU 36
MOU 18
MOU 10
MOU 36
MOU 36
182,202
MOU 1
MOU 1
MOU 1
MOU 1
R
182,202
182,202
MOU 21
MOU 21
MOU 21
MOU 21
MOU 21
MOU 21
MOU 21
MOU 36
182,202
MOU 7
MOU 7
MOU 7
MOU 7
MOU 11
182,202
MOU 11
MOU 7
MOU 11
2460
4101
3580-1
3580-2
4100
1569-1
1569-2
1569-3
8502-1
8502-2
0703
0702
2321
1133
3162-1
3162-1A
3162-2
3163-1
3163-2
2421A
2421B
2421C
1203
1620
2485
3473
1645
7982
7980
1530-1
1530-2
1530-3
3476
3478
Recreation Supervisor
Refuse Collection Supervisor
Refuse Collection Truck Operator I
Refuse Collection Truck Operator II
Refuse Field Crew Instructor
Rehabilitation Construction Specialist I
Rehabilitation Construction Specialist II
Rehabilitation Construction Specialist III
Rehabilitation Project Coordinator I
Rehabilitation Project Coordinator II
Relief Animal Care Worker
Relief Animal Regulation Worker
Relief Correctional Nurse Relief Retirement Worker
Reprographics Operator I
Reprographics Operator I - Airports
Reprographics Operator II
Reprographics Supervisor I
Reprographics Supervisor II
Residential Camp Counselor
Residential Camp Counselor
Residential Camp Counselor
Retirement Benefits Specialist
Revenue Manager
Rideshare Program Administrator
Rigger
Risk and Insurance Assistant
Risk Management and Prevention Program Manager
Risk Management and Program Prevention Specialist
Risk Manager I
Risk Manager II
Risk Manager III
Roofer
Roofer Supervisor
MOU 20
MOU 12
MOU 4
MOU 4
MOU 12
MOU 5
MOU 5
MOU 5
MOU 20
MOU 20
MOU 4
182,202
MOU 10
182,202
MOU 3
MOU 3
MOU 3
MOU 20
MOU 20
182,202
182,202
182,202
MOU 20
MOU 36
182,202
MOU 4
MOU 3
MOU 36
MOU 8
MOU 36
MOU 36
MOU 36
MOU 2
MOU 13
1214
1728
1727
4263
4261
1726-1
1726-2
3118
7871-1
7871-2
7871-3
7871-4
4126-1
4126-2
4128-1
4128-2
2409
2408
0807
1116
3199
3181
1523-1
1523-2
S
SMS Payment Clerk
Safety Administrator
Safety Engineer
Safety Engineer Elevators
Safety Engineer Pressure Vessels
Safety Engineering Associate I
Safety Engineering Associate II
Sandblast Operator
Sanitary Engineering Associate I
Sanitary Engineering Associate II
Sanitary Engineering Associate III
Sanitary Engineering Associate IV
Sanitation Solid Resources Manager I
Sanitation Solid Resources Manager II
Sanitation Wastewater Manager I
Sanitation Wastewater Manager II
Seasonal Pool Manager I
Seasonal Pool Manager II
Second Deputy General Manager Harbor Department
Secretary
Security Aide
Security Officer
Senior Accountant I
Senior Accountant II
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
3
36
20
5
5
1
1
4
8
8
8
8
36
36
36
36
18
18
36
3
18
18
20
20
1541-1
1541-2
7257-1
7257-2
3203
3203-9
4316-1
4316-2
4305
7927
7208
0554
1518
3716
3716-6
3566
4213
4253
5925
5925A
3345
7205
7830
7947
9485
7207
1143
1323
1368
1368-3
3638
3691
7614
1467-1
1467-2
1428-1
1428-2
7289
3347
7294
7294A
2241
3157-1
3157-1A
3157-2
1139-1
1139-2
1123
5867
1200
3212
1500
0733
0725
5856
7209
7516
4223
3864
4293
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Administrative Analyst I
Administrative Analyst II
Airport Engineer I
Airport Engineer II
Airport Safety Officer
Airport Safety Officer
Animal Control Officer I
Animal Control Officer II
Animal Keeper
Architect
Architectural Drafting Technician
Assistant City Attorney
Auditor
Automotive Supervisor
Automotive Supervisor
Avionics Specialist
Building Inspector
Building Mechanical Inspector
Building Operating Engineer
Building Operating Engineer - Airports
Carpenter
Cartographer
Chemist
City Planner
Civil Engineer
Civil Engineering Drafting Technician
Clerk
Clerk Stenographer
Clerk Typist
Clerk Typist III
Communications Electrician
Communications Electrician Supervisor
Communications Engineer
Communications Operator I
Communications Operator II
Computer Operator I
Computer Operator II
Construction Engineer
Construction Estimator
Construction Inspector
Construction Inspector - Airports
Crime and Intelligence Analyst
Custodian I
Custodian I - Airports
Custodian II
Data Processing Technician I
Data Processing Technician II
Delivery Driver
Diesel Plant Operator
Deputy Treasurer
Detention Officer
Duplicating Machine Operator
Election Assistant
Election Clerk
Electric Pumping Plant Operator
Electrical Drafting Technician
Electrical Equipment Tester
Electrical Inspector
Electrician
Environmental Compliance Inspector
MOU 33
MOU 33
182,202
182,202
MOU 39
MOU 39
MOU 12
MOU 12
MOU 12
MOU 17
MOU 21
MOU 32
MOU 20
MOU 12
MOU 12
MOU 2
MOU 5
MOU 5
MOU 9
MOU 9
MOU 2
MOU 21
MOU 17
MOU 19
MOU 17
MOU 21
MOU 3
MOU 3
MOU 3
MOU 3
MOU 2
MOU 13
MOU 17
MOU 20
MOU 20
MOU 21
MOU 21
MOU 17
MOU 19
MOU 5
MOU 5
MOU 20
MOU 15
MOU 15
MOU 15
MOU 19
MOU 19
MOU 3
MOU 9
MOU 20
MOU 12
MOU 3
182,202
182,202
MOU 9
MOU 21
MOU 14
MOU 5
MOU 2
MOU 19
3712
3712-5
3712-6
3168
3231
1128-1
1128-2
7981
4242
2201
3533
3143
0593
4247
3745
4244
8517-1
8517-2
8505
2331
9202-1
9202-2
0564
0558
0587
0588
6153
9171-1
9171-2
7210
3772-1
3772-2
3424
3424-2
3146
1967-1
1967-2
2422
3529-1
3529-2
1629
9167-1
9167-2
1795-1
1795-2
3444
4233
2209-1
2209-2
0706
1546
1538
3209
1961
2446-1
2446-2
2466
2468
2427A
2427B
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Senior
Equipment Mechanic
Equipment Mechanic
Equipment Mechanic
Event Attendant
Examiner of Questioned Documents
Finance Clerk I
Finance Clerk II
Fire Protection Engineer
Fire Sprinkler Inspector
Forensic Print Specialist
Garage Attendant
Gardener
Hearing Officer
Heating and Refrigeration Inspector
Heavy Duty Equipment Mechanic
Housing Inspector
Housing Investigator I
Housing Investigator II
Housing Planning and Economic Analyst
Industrial Hygienist
Labor Relations Specialist I
Labor Relations Specialist II
Law Clerk
Legal Assistant
Legal Clerk I
Legal Clerk II
Librarian
Management Analyst I
Management Analyst II
Mechanical Drafting Technician
Mechanical Repairer I
Mechanical Repairer II
Painter
Painter II
Park Maintenance Supervisor
Park Ranger I
Park Ranger II
Park Services Attendant
Parking Attendant I
Parking Attendant II
Payroll Analyst
Personnel Analyst I
Personnel Analyst II
Photographer I
Photographer II
Plumber
Plumbing Inspector
Police Service Representative I
Police Service Representative II
Proctor
Project Assistant
Project Coordinator
Property Officer
Real Estate Officer
Recreation Director I
Recreation Director II
Recreational Counselor
Recreation Services Representative
Residential Camp Counselor
Residential Camp Counselor
MOU 14
MOU 14
MOU 14
MOU 15
MOU 19
MOU 3
MOU 3
182,202
MOU 5
MOU 19
MOU 12
MOU 4
MOU 1
MOU 5
MOU 14
MOU 5
MOU 20
MOU 20
182,202
MOU 17
182,202
182,202
182,202
MOU 20
MOU 3
MOU 3
MOU 16
MOU 20
MOU 20
MOU 21
MOU 9
MOU 9
MOU 2
MOU 2
MOU 36
MOU 12
MOU 12
MOU 20
MOU 12
MOU 12
MOU 20
182,202
182,202
MOU 19
MOU 19
MOU 2
MOU 5
MOU 20
MOU 20
182,202
MOU 1
MOU 20
MOU 12
MOU 19
MOU 11
MOU 11
182,202
182,202
182,202
182,202
2427C
2427D
3477
4264
4262
9636-1
9636-2
7874
3184
3776
1837
1837M
9536
4285-1
4285-2
4285-3
9425
7288
1597-1
1597-2
1519
1357-1
1357-2
1357-3
1192
1947
7282
3429
3831
3218-1
3218-2
3218-3
6405
9262
4273
4124
3174
3174A
0532
1769
0883
3777
3775
7242-1
7242-2
3348
3428
3419
3819
3832
3839-1
3839-2
1543
2385-1
2385-2
2385-3
4102
4108-1
4108-2
0602-1
Senior Residential Camp Counselor
Senior Residential Camp Counselor
Senior Roofer
Senior Safety Engineer Elevators
Senior Safety Engineer Pressure Vessels
Senior Sales Representative I
Senior Sales Representative II
Senior Sanitary Engineer
Senior Security Officer
Senior Sheet Metal Worker
Senior Storekeeper Senior Storekeeper
Senior Street Lighting Engineer
Senior Street Services Investigator I
Senior Street Services Investigator II
Senior Street Services Investigator III
Senior Structural Engineer
Senior Survey Supervisor
Senior Systems Analyst I
Senior Systems Analyst II
Senior Tax Auditor
Senior Tax Renewal Assistant I
Senior Tax Renewal Assistant II
Senior Tax Renewal Assistant III
Senior Teller
Senior Title Examiner
Senior Traffic Checker
Senior Traffic Paint and Sign Supervisor
Senior Traffic Signal Supervisor
Senior Traffic Supervisor I
Senior Traffic Supervisor II
Senior Traffic Supervisor III
Senior Transit Analyst
Senior Transportation Engineer
Senior Transportation Investigator
Senior Wastewater Treatment Operator
Senior Window Cleaner
Senior Window Cleaner - Airports
Senior Witness Service Coordinator
Senior Workers' Compensation Analyst
Service Coordinator
Sheet Metal Supervisor
Sheet Metal Worker
Shift Superintendent Wastewater Treatment I
Shift Superintendent Wastewater Treatment II
Ship Carpenter
Sign Painter
Sign Shop Supervisor
Signal Systems Electrician
Signal Systems Superintendent
Signal Systems Supervisor I
Signal Systems Supervisor II
Single Audit Analyst
Social Worker I
Social Worker II
Social Worker III
Solid Resources Superintendent
Solid Waste Disposal Superintendent I
Solid Waste Disposal Superintendent II
Special Investigator I
182,202
182,202
MOU 2
MOU 5
MOU 5
182,202
182,202
MOU 17
MOU 12
MOU 2
MOU 12
MOU 12
MOU 17
MOU 5
MOU 5
MOU 5
MOU 17
MOU 19
MOU 20
MOU 20
MOU 20
MOU 3
MOU 3
MOU 3
MOU 3
MOU 21
MOU 20
MOU 12
MOU 13
MOU 12
MOU 12
MOU 12
MOU 20
MOU 17
MOU 21
MOU 9
MOU 15
MOU 15
MOU 3
MOU 20
MOU 1
MOU 13
MOU 2
MOU 17
MOU 17
MOU 2
MOU 2
MOU 13
MOU 2
MOU 36
MOU 13
MOU 13
182,202
MOU 1
MOU 1
MOU 1
MOU 12
MOU 12
MOU 12
MOU 1
0602-2
2414
2415
2416
1835-1
1835-2
1835M
1850
1866
3811
3840-1
3840-2
3840-3
7537
7527-1
7527-2
7527-3
7527-4
4160-1
4160-2
4158-1
4158-2
4152-1
4152-2
4150-1
4150-2
4150-3
3160-1
3160-2
4283
7956
7957-1
7957-2
7957-3
7957-4
7921-1
7921-2
7921-3
7203-1
7203-2
7203-3
7203-4
0840-1
0840-2
0840-3
1502
1501
7269-1
7269-2
2472
9237
2319
2235
Special Investigator II
Special Program Assistant I
Special Program Assistant II
Special Program Assistant III
Storekeeper I
Storekeeper II
Storekeeper II
Stores Superintendent
Stores Supervisor
Street Lighting Electrician
Street Lighting Electrician Supervisor I
Street Lighting Electrician Supervisor II
Street Lighting Electrician Supervisor III
Street Lighting Engineer
Street Lighting Engineering Associate I
Street Lighting Engineering Associate II
Street Lighting Engineering Associate III
Street Lighting Engineering Associate IV
Street Services General Superintendent I
Street Services General Superintendent II
Street Services Superintendent I
Street Services Superintendent II
Street Services Supervisor I
Street Services Supervisor II
Street Services Worker I
Street Services Worker II
Street Services Worker III
Street Tree Superintendent I
Street Tree Superintendent II
Street Services Investigator
Structural Engineer
Structural Engineering Associate I
Structural Engineering Associate II
Structural Engineering Associate III
Structural Engineering Associate IV
Student Architect - who has completed one academic year of training in a
school of architecture
Student Architect - who has completed two academic years of training in a
school of architecture
Student Architect - who has completed three academic years of training in a
school of architecture
Student Engineer - who has completed one academic year of training in a
school of engineering
Student Engineer - who has completed two academic years of training in a
school of engineering
Student Engineer - who has completed three academic years of training in a
school of engineering
Student Engineer - who has completed training in a school of engineering, or is
in their senior academic year
Student Librarian I
Student Librarian II
Student Librarian III
Student Professional Worker
Student Worker
Superintendent of Operations I
Superintendent of Operations II
Superintendent of Recreation and Parks Operations
Superintendent Planning and Development
Supervising Occupational Health Nurse
Supervising Criminalist
MOU 1
182,202
MOU 4
MOU 4
MOU 14
MOU 14
MOU 14
MOU 36
MOU 12
MOU 2
MOU 13
MOU 13
MOU 13
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
MOU 36
MOU 36
MOU 36
MOU 36
MOU 12
MOU 12
MOU 4
MOU 4
MOU 4
MOU 36
MOU 36
MOU 5
MOU 17
MOU 8
MOU 8
MOU 8
MOU 8
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
MOU 1
MOU 1
MOU 36
MOU 36
MOU 17
MOU 17
2315
2481-1
2481-2
1865-1
1865-2
7286-1
7286-2
7287
1131-1
1131-2
1599
1596-1
1596-2
1455-1
1455-2
1455-3
Supervising Occupational Health Nurse
Supervising Transportation Planner I
Supervising Transportation Planner II
Supply Services Manager I
Supply Services Manager II
Survey Party Chief I
Survey Party Chief II
Survey Supervisor
Swimming Pool Clerk I
Swimming Pool Clerk II
Systems Aide
Systems Analyst I
Systems Analyst II
Systems Programmer I
Systems Programmer II
Systems Programmer III
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
17
19
19
36
36
21
21
19
3
3
1
1
1
21
21
21
5943
1514-1
1514-2
1173
1179-1
1179-2
1179-3
1356-1
1356-2
1356-3
1356-4
8870
7642
7640
7650-1
7650-2
7650-3
0849
7615
0007
0709
0710-A
0710-B
0710-C
0710-D
2445
3493
3727
3727-6
3732
3732-6
1943
1146
7279
0803
3430-1
3430-2
3430-3
3214-1
3214-2
3214-3
3421-1
T
Tank Farm Operator
Tax Auditor I
Tax Auditor II
Tax Compliance Aide
Tax Compliance Officer I
Tax Compliance Officer II
Tax Compliance Officer III
Tax Renewal Assistant I
Tax Renewal Assistant II
Tax Renewal Assistant III
Tax Renewal Assistant IV
Taxicab Administrator
Telecommunications Planner
Telecommunications Planning and Utilization Officer
Telecommunications Regulatory Officer I
Telecommunications Regulatory Officer II
Telecommunications Regulatory Officer III
Telescope Demonstrator
Television Engineer
Temporary Paramedic
Theater Attendant
Theater Technician A
Theater Technician B
Theater Technician C
Theater Technician D
Therapeutic Recreation Specialist
Tile Setter
Tire Repairer
Tire Repairer
Tire Repair Supervisor
Tire Repair Supervisor
Title Examiner
Title Transfer Coordinator
Traffic Checker
Traffic Manager
Traffic Marking & Sign Superintendent I
Traffic Marking & Sign Superintendent II
Traffic Marking & Sign Superintendent III
Traffic Officer I
Traffic Officer II
Traffic Officer III
Traffic Painter and Sign Poster I
MOU 21
MOU 1
MOU 1
MOU 1
MOU 1
MOU 1
MOU 1
MOU 3
MOU 3
MOU 3
MOU 3
MOU 36
MOU 8
MOU 36
MOU 36
MOU 36
MOU 36
182,202
MOU 21
MOU 23
182,202
182,202
182,202
182,202
182,202
MOU 11
MOU 2
MOU 14
MOU 14
MOU 12
MOU 12
MOU 21
MOU 3
MOU 3
MOU 36
MOU 12
MOU 12
MOU 12
MOU 18
MOU 18
MOU 18
MOU 4
3421-2
3421-3
3219
3821
6401
6402-1
6402-2
6403
6404
6400
1576
7278
7285-1
7285-2
7280-1
7280-2
7280-3
7280-4
4271
2480-1
2480-2
1609-1
1609-2
3114
3151
3117-1
3117-2
3557
3583
3583-6
Traffic Painter and Sign Poster II
Traffic Painter and Sign Poster III
Traffic Records Supervisor
Traffic Signal Supervisor
Transit Aide
Transit Analyst I
Transit Analyst II
Transit Document Control Assistant
Transit Police Dispatcher
Transit Secretary
Transitional Worker
Transportation Engineer
Transportation Engineering Aide I
Transportation Engineering Aide II
Transportation Engineering Associate I
Transportation Engineering Associate II
Transportation Engineering Associate III
Transportation Engineering Associate IV
Transportation Investigator
Transportation Planning Associate I
Transportation Planning Associate II
Treasury Accountant I
Treasury Accountant II
Tree Surgeon
Tree Surgeon Assistant
Tree Surgeon Supervisor I
Tree Surgeon Supervisor II
Truck Crane Oiler
Truck Operator
Truck Operator
3723
3723-5
1681-1
1681-2
1681-3
Upholsterer
Upholsterer
Utility Rates and Policy Specialist I
Utility Rates and Policy Specialist II
Utility Rates and Policy Specialist III
3590
4205
2365-1
2365-2
2365-3
2369
1802
6145-1
6145-2
6149
0716
3113-1
3113-2
2495
0720
Vehicle Maintenance Coordinator
Vehicle Nuisance Inspector
Veterinarian I
Veterinarian II
Veterinarian III
Veterinary Technician
Video Production Coordinator
Video Technician I
Video Technician II
Videotape Librarian
Vocalist
Vocational Worker I
Vocational Worker II
Volunteer Coordinator
Vote by Mail Administrator
1832-1
1832G
1832-2
4125-1
Warehouse and Toolroom Worker I
Warehouse and Toolroom Worker I
Warehouse and Toolroom Worker II
Wastewater Collection Manager I
MOU 4
MOU 4
182,202
MOU 13
MOU 1
MOU 1
MOU 1
MOU 3
MOU 3
MOU 3
Note R
MOU 17
MOU 21
MOU 21
MOU 8
MOU 8
MOU 8
MOU 8
MOU 21
MOU 21
MOU 21
MOU 1
MOU 1
MOU 4
MOU 4
MOU 12
MOU 12
MOU 4
MOU 4
MOU 4
U
MOU 14
MOU 14
182,239
182,239
182,239
V
MOU 14
MOU 5
MOU 10
MOU 10
MOU 10
MOU 21
MOU 21
MOU 21
MOU 21
MOU 21
182,202
MOU 4
MOU 4
MOU 1
182,202
W
MOU
MOU
MOU
MOU
14
14
14
36
4125-2
4113
4110-1
4110-2
7880
5615-1
5615-2
5613
7840-1
7840-2
7840-3
3784-1
3784-2
3784-3
5614-1
5614-2
5617
4121
4123-1
4123-2
4123-3
4127-1
4127-2
4127-3
7856-1
7856-2
7856-3
7857-1
7857-2
7857-3
3912
3912A
3912H
3796
3796-5
3796-6
3796H
3798
3798-1
3798-2
1190-1
1190-2
3173
3173A
3177
3177A
0531
1766-1
1766-2
1775
1774
Wastewater Collection Manager II
Wastewater Collection Supervisor
Wastewater Collection Worker I
Wastewater Collection Worker II
Wastewater Residuals Research Engineer
Wastewater Treatment Electrician I
Wastewater Treatment Electrician II
Wastewater Treatment Electrician Supervisor
Wastewater Treatment Laboratory Manager I
Wastewater Treatment Laboratory Manager II
Wastewater Treatment Laboratory Manager III
Wastewater Treatment Maintenance Manager I
Wastewater Treatment Maintenance Manager II
Wastewater Treatment Maintenance Manager III
Wastewater Treatment Mechanic I
Wastewater Treatment Mechanic II
Wastewater Treatment Mechanic Supervisor
Wastewater Treatment Operator
Wastewater Treatment Operator I
Wastewater Treatment Operator II
Wastewater Treatment Operator III
Wastewater Treatment Plant Manager I
Wastewater Treatment Plant Manager II
Wastewater Treatment Plant Manager III
Water Biologist I
Water Biologist II
Water Biologist III
Water Microbiologist I
Water Microbiologist II
Water Microbiologist III
Water Utility Worker
Water Utility Worker - Airports
Water Utility Worker - Harbor
Welder
Welder
Welder
Welder - Harbor
Welder Supervisor
Welder Supervisor I
Welder Supervisor II
Wharfinger I
Wharfinger II
Window Cleaner
Window Cleaner - Airports
Window Cleaner Supervisor
Window Cleaner Supervisor - Airports
Witness Service Coordinator
Workers' Compensation Administrator I
Workers' Compensation Administrator II
Workers' Compensation Claims Assistant
Workers' Compensation Analyst
2358-1
2358-2
X-ray and Laboratory Technician I
X-ray and Laboratory Technician II
1582-1
1582-2
1582-3
Youth Employment Specialist I
Youth Employment Specialist II
Youth Employment Specialist III
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
36
12
4
4
36
2
2
13
36
36
36
36
36
36
9
9
9
9
9
9
9
36
36
36
8
8
8
8
8
8
4
4
4
14
14
14
14
12
12
12
3
3
15
15
12
12
3
36
36
3
1
X
MOU 21
MOU 21
Y
182,202
182,202
182,202
1582-4
Youth Employment Specialist IV
9501
4297
4300-1
4300-2
4300-3
4276
4277
4302
2367-1
2367-2
2367-3
Zoo
Zoo
Zoo
Zoo
Zoo
Zoo
Zoo
Zoo
Zoo
Zoo
Zoo
182,202
Z
Assistant GM
Curator
Curator of Education I
Curator of Education II
Curator of Education III
Curator of Birds
Curator of Reptiles
Research Director
Veterinarian I
Veterinarian II
Veterinarian III
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
36
11
11
11
11
11
11
8
10
10
10
Any class that appears in Schedule B, Los Angeles Administrative Code Section 4.900.1, shall be deemed to have been adopted for this Schedule and Section.
[Schedule "A" History]
SCHEDULE “A” HISTORY
Amended by: Ord. No. 171,752, Eff. 10-14-97; Ord. No. 171,757, Eff. 10-23-97; Ord. No. 171,766, Eff. 11-6-97; Ord. No. 171,768, Eff. 11-6-97; In Entirety, Ord. No. 171,780, Eff.
11-17-97; Ord. No. 171,782, Eff. 11-14-97; Ord. No. 171,855, Eff. 12-8-97; Ord. No. 171,886, Eff. 1-8-98; Ord. No. 171,895, Eff. 1-21-98; Ord. No. 172,107, Eff. 7-14-98;
Ord. No. 172,151, Eff. 8-19-98: Ord. No. 172,101, Eff. 7-10-98; Ord. No. 172,090, Eff. 7-1-98; Ord. No. 172,246, Eff. 10-22-98; Ord. No. 172,403, Eff. 1-13-99; Ord. No.
172,411, Eff. 1-20-99; Ord. No. 172,461, Eff. 2-22-99; Ord. No. 172,483, Eff. 3-11-99; Ord. No. 172,488, Eff. 3-12-99; Ord. No. 172,519, Eff. 4-2-99; Ord. No. 172,581,
Eff. 5-12-99; Ord. No. 172,777, Eff. 8-25-99; Ord. No. 172,809, Eff. 9-21-99; Ord. No. 172,810, Eff. 9-21-99; Ord. No. 172,811, Eff. 9-21-99; Ord. No. 172,903, Eff. 12-199; Ord. No. 172,962, Eff. 12-27-99; Ord. No. 173,021, Eff. 1-13-00; Ord. No. 173,037, Eff. 1-25-00; Ord. No. 173,038, Eff. 1-25-00; Ord. No. 173,039, Eff. 1-25-00; Ord.
No. 173,040, Eff. 1-25-00; Ord. No. 173,153, Eff. 3-31-00; Ord. No. 173,156, Eff. 4-6-00; Ord. No. 173,185, Eff. 4/19/00; Ord. No. 173,220, Eff. 5-12-00; Ord. No.
173,240, Eff. 5-22-00; Ord. No. 173,347, Eff. 6-13-00; Ord. No. 173,357, Eff. 6-21-00; Ord. No. 173,358, Eff. 6-21-00; Ord. No. 173,441, Eff. 8-16-00; Ord. No. 173,457,
Eff. 8-24-00; Ord. No. 173,461, Eff. 8-25-00; Ord. No. 173,500, Eff. 9-20-00; Ord. No. 173,551, Eff. 10-17-00; Ord. No. 173,552, Eff. 10-17-00; Ord. No. 173,555, Eff. 1017-00; Ord. No. 173,666, Eff. 12-5-00; Ord. No. 173,573, Eff. 11-1-00; Ord. No. 173,578, Eff. 11-2-00; Ord. No. 173,579, Eff. 11-2-00; Ord. No. 173,580, Eff. 11-2-00;
Ord. No. 173,581, Eff. 11-2-00; Ord. No. 173,582, Eff. 11-2-00; Ord. No. 173,683, Eff. 12-20-00; Ord. No. 173,739, Eff. 1-23-01; Ord. No. 173,740, Eff. 1-23-01; Ord. No.
173,745, Eff. 1-23-01; Ord. No. 173,773, Eff. 2-13-01; Ord. No. 173,774, Eff. 2-13-01; Ord. No. 173,783, Eff. 2-26-01. Ord. No. 173,845, Eff. 4-6-01; Ord. No. 173,844,
Eff. 4-6-01; Ord. No. 173,841, Eff. 4-6-01; Ord. No. 173,842, Eff. 4-6-01; Ord. No. 173,856, Eff. 4-10-01; Ord. No. 173,965, Eff. 5-22-01; Ord. No. 173,966, Eff. 5-22-01;
Ord. No. 173,843, Eff. 4-6-01; Ord. No. 174,074, Eff. 7-12-01; Ord. No. 174,215, Eff. 9-4-01; Ord. No. 174,505, Eff. 4-19-02; Ord. No. 174,608, Eff. 6-3-02, Oper. 7-1-01;
Ord. No. 174,650, Eff. 6-25-02; Ord. No. 174,661, Eff. 8-9-02; Ord. No. 174,834, Eff. 10–2-02; Ord. No. 174,835, Eff. 10-2-02; Ord. No. 174,980, Eff. 11-27-02; In Entirety,
Ord. No. 175,048, Eff. 1-23-03; Ord. No. 175,157, Eff. 4-17-03; Ord. No. 175,158, Eff. 4-17-03; Ord. No. 175,159, Eff. 4-17-03; Ord. No. 175,157, Eff. 4-17-03; Ord. No.
175,158, Eff. 4-17-03; Ord. No. 175,159, Eff. 4-17-03; Ord. No. 175,311, Eff. 7-5-03; Ord. No. 175,338, Eff. 7-13-03; Ord. No. 175,388, Eff. 8-15-03; Ord. No. 175,427,
Eff. 8-29-03; Ord. No. 175,479, Eff. 10-13-03; Ord. No. 175,480, Eff. 10-13-03; Ord. No. 175,571, Eff. 10-25-03; Ord. No. 175,640, Eff. 11-29-03; Ord. No. 175,806, Eff. 36-04; Ord. No. 175,807, Eff. 3-12-04; Ord. No. 175,950, Eff. 5-15-04; Ord. No. 176,118, Eff. 7-31-04; Ord. No. 176,128, Eff. 8-13-04; Ord. No. 176,162, Eff. 8-29-04; Ord.
No. 176,163, Eff. 8-29-04; Ord. No. 176,283, Eff. 12-25-04, Oper. 9-22-04; Ord. No. 176,298, Eff. 12-2-04; Ord. No. 176,299, Eff. 12-2-04; Ord. No. 176,314, Eff. 12-1304; Ord. No. 176,315, Eff. 12-13-04; Ord. No. 176,316, Eff. 12-13-04; Ord. No. 176,366, Eff. 1-9-05; Ord. No. 176,367, Eff. 1-9-05; Ord. No. 176,494, Eff. 3-14-05; In
Entirety, Ord. No. 176,952, Eff. 10-2-05, Oper. 1-1-07; Ord. No. 177,472, Eff. 4-28-06; Ord. No. 177,559, Eff. 6-3-06; Ord. No. 177,646, Eff. 7-8-06; Ord. No. 177,664, Eff.
7-13-06; Ord. No. 177,665, Eff. 7-13-06; Ord. No. 177,666, Eff. 7-13-06; Ord. No. 177,708, Eff. 8-1-06; Ord. No. 177,763, Eff. 8-20-06; Ord. 177,870, Eff. 9-8-06; Ord. No.
178,116, Eff. 12-11-06; Ord. No. 178,161, Eff. 1-13-07; Ord. No. 178,162, Eff. 1-13-07; Ord. No. 178,176, Eff. 1-13-07; Ord. No. 178,383, Eff. 2-22-07; Ord. No. 178,588,
Eff. 4-20-07; Ord. No. 178,589, Eff. 4-20-07; Ord. No. 178,591, Eff. 4-20-07; Ord. No. 178,814, Eff. 6-3-07; Ord. No. 178,984, Eff. 7-26-07; Ord. No. 178,986, Eff. 7-2607; Ord. No. 179,109, Eff. 8-23-07; Ord. No. 179,110, Eff. 8-23-07; Ord. No. 179,212, Eff. 10-3-07; Ord. No. 179,323, Eff. 10-31-07; Ord. No. 179,495, Eff. 1-7-08; In
Entirety, Ord. No. 179,994, Eff. 7-11-08, Oper. 7-1-08; Ord. No. 180,006, Eff. 7-14-08; Ord. No. 180,119, Eff. 8-12-08; Ord. No. 180,213, Eff. 10-7-08; Ord. No. 180,214,
Eff. 10-7-08; Ord. No. 180,323, Eff. 11-12-08; Ord. No. 180,334, Eff. 11-14-08; Ord. No. 180,603, Eff. 3-24-09; Ord. No. 180,742, Eff. 6-16-09; Ord. No. 180,845, Eff. 824-09, Oper. 7-1-09; In Entirety, Ord. No. 181,779, Eff. 7-19-11, Oper. 1-1-13; Ord. No. 181,911, Eff. 10-25-11, Oper. 10-25-11; Ord. No. 181,954, Eff. 12-6-11, Oper. 126-11; Ord. No. 182,032, Eff. 2-3-12, Oper. 2-3-12; In Entirety, Ord. No. 182,202, Eff. 8-10-12, Oper. 7-1-13*; Ord. No. 182,239, Eff. 8-29-12.
* Editor’s note: See Ord. No. 182,202 for provisions operative on 7-1-12 and 1-1-13.
MOU (Memorandum of Understanding)
Salaries for classes of positions indicated as MOU (*) are fixed by various Memoranda of Understanding between the City and recognized employee
organizations. The Memoranda of Understanding for the representation units are set forth in the following index:
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
1
2
3
4
5
6
7
8
9
10
11
Administrative
Building Trades Rank and File
Clerical and Support Services
Equipment Operation and Labor
Inspectors
Librarian
Recreation Assistant
Professional Engineering and Scientific
Plant Equipment Operation and Repair
Professional Medical Services
Recreational
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
12
13
14
15
16
17
18
19
20
21
26
27
29
30
31
32
34
35
36
37
38
39
40
61
Supervisory Blue Collar
Supervisory Building Trades
Service and Crafts
Service Employees
Supervisory Librarian
Supervisory Professional Engineering and Scientific
Safety/Security
Supervisory Technical
Supervisory Administrative
Technical
Port Pilots
Port of Los Angeles Command Officers
City Attorneys
Airport Peace Officers
Confidential Attorneys
Management Attorneys
Crossing Guards
Hiring Hall Daily Rated Building Trades
Management Employees
Executive Administrative Assistants
Harbor Peace Officers
Supervisory Airport Peace Officers
Airport Police Command Officers
Senior Administrative Analysts and Administrative Analysts
Employees covered by the Los Angeles Administrative Code may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201
et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required thereunder and
any additional benefits set forth herein if compatible with the FLSA.
Whenever a class code number used herein designates a class title which is inconsistent with the class title used in any Memorandum of Understanding or any
Department Personnel Ordinance for any office, bureau or department, the class code number shall be deemed to identify the class for all purposes.
MOU HISTORY
Amended by: In Entirety, Ord. No. 171,780, Eff. 11-17-97; In Entirety, Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 176,952, Eff. 10-2-05; In Entirety, Ord. No. 179,994,
Eff. 7-11-08; In Entirety, Ord. No. 181,779, Eff. 7-19-11; In Entirety, Ord. No. 182,202, Eff. 8-10-12, Oper. 7-1-13*.
* Editor’s note: See Ord. No. 182,202 for provisions operative on 7-1-12 and 1-1-13.
[General Managers]
GENERAL
MANAGERS
Code No.
9296
9359
0010
9255
9497
9235
7236
9265
4159
9650
9445
9226
9720
9339
0161
9998
9245
Classification
Chief Legislative Analyst
Chief of Police
City Administrative Officer
City Clerk
City Engineer
City Librarian
Director Bureau of Sanitation
Director Bureau of Street Lighting
Director Bureau of Street Services
Director of Finance
Director of Planning
Executive Director Commission on Children,
Youth & Families
Executive Director Department of Disability
Fire Chief
General Manager Airports
General Manager and Chief Engineer Water
and Power
General Manager Animal Services
Salary Range
Number
M12
M12
M12
M9
M11
M9
M11
M8
M9
M10
M11
Ordinance
Number
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
M7
182,202
M7
M11
M12
182,202
182,202
182,202
M13
*
M8
182,202
9250
9695
9696
9218
9245
9430
9254
9222
9256
9700
9272
9289
9380
9150
9270
9267
9295
9243
9500
0202
9205
9645
General Manager Community Development
General Manager Convention Center
General Manager Cultural Affairs
General Manager Department of Aging
General Manager Department of Animal
Services
General Manager Department of
Environmental Affairs
General Manager Department of General
Services
General Manager Department of
Neighborhood Empowerment
General Manager Department of
Transportation
General Manager El Pueblo Historical
Monument
General Manager Emergency Management
Department
General Manager Harbor Department
General Manager Information Technology
Agency
General Manager LACERS
General Manager Los Angeles Housing
Department
General Manager Pensions
General Manager Personnel Department
General Manager Recreation and Parks
General Manager Zoo Department
Inspector of Public Works
Superintendent of Building
Treasurer
[General Managers' Salary Schedule]
M-13
M-12
M-11
M-10
M-9
M-8
M-7
M-6
M9
M8
M8
M7
182,202
182,202
182,202
182,202
M8
182,202
M8
182,202
M9
182,202
M8
182,202
M11
182,202
M7
182,202
M7
182,202
M12
182,202
M10
182,202
M9
182,202
M9
182,202
M9
M10
M11
M11
M8
M11
M8
182,202
182,202
182,202
182,202
182,202
182,202
182,202
Salary Range No.
Ordinance Number
182,202
182,202
182,202
182,202
182,202
182,202
182,202
182,202
* Salary set in accordance with Charter Section 508(f).
The Controller and City Administrative Officer are authorized to modify any General Manager's salary due to Merit Pay Plan salary adjustments.
GENERAL MANAGERS' SCHEDULE HISTORY
Amended by: Ord. No. 171,748, Eff. 10-9-97, Oper. 10-1-97; In Entirety, Ord. No. 171,780, Eff. 11-17-97; Ord. No. 171,856, Eff. 12-18-97; Ord. No. 172,772, Eff. 8-23-99, Oper. 624-99; Ord. No. 172,904, Eff. 12-7-99; Ord. No. 173,438, Eff. 8-15-00, Oper. 7-1-00; Ord. No. 173,456, Eff. 8-24-00, Oper. 7-1-00; Ord. No. 173,582, Eff. 11-2-00; Ord.
No. 174,661, Eff. 8-9-02; In Entirety, Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 176,952, Eff. 10-2-05, Oper. 1-1-07; Ord. No. 177,761, Eff. 8-10-06; Ord. No.
178,589, Eff. 4-20-07; Ord. No. 179,421, Eff. 1-19-08; In Entirety, Ord. No. 179,994, Eff. 7-11-08, Oper. 7-1-08; Ord. No. 180,323, Eff. 11-12-08; Ord. No. 180,845, Eff. 824-09, Oper. 7-1-09; In Entirety, Ord. No. 181,779, Eff. 7-19-11, Oper. 1-1-13; In Entirety, Ord. No. 182,202, Eff. 8-10-12, Oper. 7-1-13*.
* Editor’s note: See Ord. No. 182,202 for provisions operative on 7-1-12 and 1-1-13.
[Salary Notes of Schedule "A"]
SALARY NOTES OF SCHEDULE “A”
Where applicable, and where authorized for the particular class of position by ordinance or resolution, employees may earn premium pay under more than one
of the following notes at one time. Where this occurs premiums shall be paid cumulatively adding together the (1) number of schedules to be paid under each note
above the schedule or (2) the number of premium schedules to be paid under each note above the schedule or (2) the number of premium levels above the
appropriate step rate of the salary range prescribed for the class. Whenever the work program of a department requires the assignment of duties to an employee, the
nature of which qualifies him to receive adjusted compensation or pay, the Office of Administrative and Research Services may, upon review of the request of the
appointing authority and by notification to the Controller, authorize payment of adjusted compensation in accordance with these Notes and Section 4.72(b) and (c),
and 4.74 of this Code provided such assignment is on a program and for a purpose previously authorized by Mayor and Council, and provided that in no event shall
such authorization extend beyond the end of the final year in which such authority is granted. The premium for any person employed in a class, the salary for which
is fixed at flat bi-weekly rate, and who is entitled to receive the adjusted compensation in accordance with the provisions of this paragraph, shall be computed by
adding to the regular salary payments which he would otherwise receive, an amount equal to five and one half percent of each note.
NOTE E. (None)
NOTE G. (None)
NOTE H. A person employed in this class of position when required to perform duties more than 50% of his time in any one day consisting of working on a
ladder, scaffolding, a hydraulic lift platform, or working from a scaffold or other device that is suspended by ropes or cables; or operating compressed air spray
apparatus to spray emulsified asphalt or weed control chemicals from a moving vehicle or to spray paint, or using a steam cleaning apparatus employing a heavyduty caustic soda as a detergent; or performing duties in a deep sewer over eight feet in depth consisting of timbering, shoring, tunneling, pipe laying and
concreting, shall receive for each day, salary at (1) the corresponding step of the second schedule higher than the schedule prescribed for this class, or (2) the second
premium level rate above the appropriate step of the salary range prescribed for this class.
NOTE J. (None)
NOTE K. (None)
NOTE N. A person employed in this class of position, when required to work more than 50% of his time, on any one day between the hours of 5:00 P.M. and
8:00 A.M., shall receive for each such day worked, salary at (1) the corresponding step of the second salary schedule higher than the schedule prescribed for this
class, or (2) the second premium level rate above the appropriate step of the salary range prescribed for this class.
NOTE R. TRANSITIONAL WORKER Whenever an employee is transferred pursuant to Charter Section 1014 to the class of Transitional Worker, Code
1576, that employee shall receive the salary of the position from which the employee transferred, plus the uniform allowance applicable to the class for which the
employee is being trained, from the date of appointment to the class of Transitional Worker to the date the employee completes the temporary training time which
is not to exceed a maximum of five years.
NOTE 2. A person entering into employment in this class, whether by original appointment, promotion, demotion, transfer, displacement, certification from
reserve list, or by any other means shall receive salary at the second step of the salary schedule or salary range prescribed for the class, and such person shall
thereafter be entitled to future step advancements pursuant to Section 4.70 of this Code; provided, however, if any such person would be entitled to a salary higher
than such second step by virtue of any other section of this ordinance providing for salary adjustment following appointment, promotion, demotion, transfer,
displacement, certification from a reserve list, or other position change, such other section shall determine his salary and anniversary date.
NOTE 3. A person entering into employment in the class, whether by original appointment, promotion, demotion, transfer, displacement, certification from a
reserve list, or by any other means shall receive salary at the third step of the schedule or salary range prescribed for the class, and such person shall thereafter be
entitled to future step advances pursuant to Section 4.70 of this Code: provided, however, if such person would be entitled to a salary higher than such third step by
virtue of any other section of this ordinance providing for a salary adjustment following appointment, promotion, demotion, transfer, displacement, certification
from a reserve list, or other position change, such other section shall determine his salary and anniversary date.
NOTE 4. A person entering into employment in this class, whether by original appointment, promotion, demotion, transfer, displacement, certification from a
reserve list, or by any other means shall receive salary at the fourth step of the schedule or salary range prescribed for the class, and such person shall thereafter be
entitled to future step advancement pursuant to Section 4.70 of this Code: provided, however, if any such person would be entitled to a salary higher than such
fourth step by virtue of any other section of this Code providing for a salary adjustment following appointment, promotion, demotion, transfer, displacement,
certification from a reserve list or other position change, such other section shall determine his salary and anniversary date.
NOTE 5. A person entering into employment in this class, whether by original appointment, promotion, demotion, transfer, displacement, certification from a
reserve list, or by any other means shall receive salary at the fifth step of the schedule or range prescribed for this class, and such person shall thereafter be entitled
to future step advancements pursuant to Section 4.70 of this Code: provided, however, if any such person would be entitled to a salary higher than fifth step by
virtue of any other section of this Code providing for a salary adjustment following appointment, promotion, demotion, transfer, displacement, certification from a
reserve list, or other position change, such other section shall determine his salary and anniversary date.
NOTE V. Employees in the class of Vocational Worker, Code 3113, shall receive all tools, safety equipment and materials that are necessary to perform the
duties of the position they occupy, and that would be provided to regular incumbents in the position, notwithstanding unit designation. In addition, Vocational
Workers shall receive any uniform allowance(s) and/or bonus compensation arising out of their assignment and equal to that which regular incumbents in the status
class would receive.
Except as specified above, nothing herein shall provide compensation or benefits to Vocational Workers that accrue to regular incumbents based on their
appointment to the status class and/or representation in the bargaining unit that includes the status class.
ALTERNATIVE PAY GRADES. (None)
SALARY NOTES APPLICABLE TO THE AIRPORTS DEPARTMENT.
NOTE 3. (None)
NOTE 4. (None)
NOTE 5.
(a)
Notwithstanding any other provisions of this Code to the contrary, employees in the class of Chief Airport Safety Officer, Code 3205, shall
receive a Uniform Allowance only in accordance with that provided in the Supervisory Blue Collar Unit.
(b)
Notwithstanding any other provisions of this Code to the contrary, employees in the class of Chief Airport Safety Officer, Code 3205, shall be
paid a salary in accordance with that provided in the Airport Police Command Officers Unit, at the pay of Airport Police Captain I.
NOTE 6. (None)
NOTE 7. The Airport Police Chief, Code 3232, and Airport Assistant Police Chief, Code 3234, will receive a bonus of three percent of regular hourly pay for
possession of a relevant four-year college/university degree and a bonus of one percent of regular hourly pay for possession of a relevant college/university Master's
degree. The effective date for each bonus is the beginning of the payroll period next succeeding the date the employee presents his/her adequate proof of the
college/university degree and/or transcripts to the appointing authority.
NOTE 8. Notwithstanding any other provisions of this Code to the contrary, employees in the classes of Airport Police Chief, Code 3232, and Airport
Assistant Police Chief, Code 3234, shall receive a Continuing Education Bonus in accordance with that provided in Article 57 of the Management Employees Unit. Proof of qualifying for the Continuing Education Bonus must be submitted to the General Manager Department of Airports or the General Manager's designee.
SALARY NOTES APPLICABLE TO THE CITY CLERK ELECTIONS DIVISION.
NOTE 1. In order to staff critical election-related assignments, the City Clerk is authorized to employ persons who are regularly employed in any City
Department. The City Clerk shall compensate the employees, in the positions listed by the Clerk as critical to election operations, at rates equal to those specified
for their regular Civil Service classifications including overtime, if applicable.
NOTE 2. In order to staff critical election-related assignments, the City Clerk is authorized to employ Election Assistants in the following assignments and
pay them the stipend indicated in lieu of the salary listed in Schedule "A" of LAAC 4.61.
Title
a.
b.
c.
d.
Stipend
Emergency Inspector Reservists
Troubleshooter
Emergency Clerk Reservists
Emergency Translators
$300/day
$300/day
$215/day
$100/day.
NOTE 3. In order to facilitate poll worker training, timely set up of polling places and communications with field staff on election days, the City Clerk is
authorized to pay Precinct Board Inspectors and Precinct Board Clerks the stipends shown below in addition to the salary listed in Schedule "A" of the LAAC 4.61:
a.
b.
c.
d.
e.
f.
g.
h.
Use of personal cell phone for election-day duties(day of election only)
$5/day
Use of personal cell phone in election-related duties (Supply Pick-Up Day only)
Bilingual bonus
$25/day
Supply Pickup (Custodial responsibilities)
$25/precinct
Pre-election training (If attend training and work on election day)
$25/session
Transportation of Precinct Ballot Readers
$25/precinct
Excessive Travel (Paid for emergency travel to poll locations away from a
worker's local assignment poll)
$25
Custodian (non-City facility)
$12/facility
$5/day
NOTE 4. Whenever a room or space is rented for use as a polling place and suitable furniture, light and heat are provided, the rental paid shall be the sum of
$50.00 per assigned precinct for each election.
SALARY NOTE APPLICABLE TO THE CITY ETHICS COMMISSION.
Sections 4.90 and 4.91 of the Los Angeles Administrative Code shall not apply to the position of Executive Officer, City Ethics Commission. Initial
appointment to the position of Executive Officer, City Ethics Commission shall be at the lowest step in the salary range for the position unless the City Ethics
Commission recommends and the City Council approves appointment at a specified higher step in the range.
SALARY NOTES APPLICABLE TO THE HARBOR DEPARTMENT.
NOTE 1. (None)
NOTE 2. (None)
NOTE 3. (None)
NOTE 4. (None)
NOTE 5. (None)
NOTE 6. (None)
NOTE 8. The salary range fixed for the class Assistant Harbor Traffic Manager, Code 1781, shall be deemed to include compensation for whatever time is
required for the performance of the job duties. The General Manager Harbor Department may provide for time off at the rate of one hour off for each hour worked in
excess of 40 hours per week, provided that time off not taken in one year or prior to leaving the Harbor Department shall be deemed as waived and lost.
NOTE 9. Whenever an employee in the class Chief Port Pilot, Code 5154, is required to return to duty following the termination of his/her work shift and
departure from the work location, such employee shall receive compensation in accordance with that provided in the Port Pilot Unit, at the overtime pay of Port
Pilot II, fifth step.
NOTE 11. (None)
NOTE 12. (None)
SALARY NOTES APPLICABLE TO THE LIBRARY DEPARTMENT.
NOTE 2. (None)
NOTE 3. For the purpose of determining “N” rate eligibility only, any dinner period taken after 5:00 p.m. shall be deemed to be time worked after 5:00 p.m.
NOTE 4. Temporary Supervision Differential - The Board of Library Commissioners may authorize payment of a non-represented employee at the second
premium level above the appropriate step of the salary range for the employee’s classification when said employee is temporarily assigned to be in charge of a unit
when the regular supervisor is absent, or the position is vacant, subject to the following conditions:
(a)
The absence of the supervisor or the vacancy is for at least five weeks;
(b)
The length of the absence has been verified; and
(c)
The effective date of the salary premium will begin on the commencement of the fifth week of the absence or vacancy and continue until the
return of the regular supervisor or the appointment of a new supervisor.
NOTE 5. Salary for Exempt Employees - Employees exempted from the civil service provisions of the City Charter because they work half-time or less shall
be paid on a flat hourly basis, with the hourly rate to be that corresponding to the first step of the salary range in effect for the classification in which the employee
is employed.
NOTE 6. Salaries for Intermittent Substitutes - Employees hired as Intermittent Substitutes shall be paid at the first step of the salary range in effect for the
classification in which they are employed. Regular employees changing to Intermittent Substitute status shall continue to be paid at the same rate at which they
were last paid while a regular employee.
SALARY NOTES APPLICABLE TO THE RECREATION AND PARKS DEPARTMENT.
NOTE 1. Employees of the Department of Recreation and Parks in the classification of Camp Counselor (Code 2421) and Senior Camp Counselor (Code
2427), when so assigned, shall receive salary at the flat rate prescribed in Schedule “A” of Section 4.61 of the Los Angeles Administrative Code. The salary rate
shall constitute full compensation for each half-day or day worked, and overtime would not be applicable notwithstanding provisions of Section 4.114 of the Code.
NOTE 3. (None)
SALARY FIXING FOR DAILY RATE EXEMPT POSITIONS.
Employees occupying positions set forth in Schedule D herein are represented in collective bargaining representation units for which contracts are negotiated
between various independent contractors or associations and various labor unions. Representation of positions listed in Schedule D herein is not pursuant to the
provisions of Section 4.800 et seq. of this Code.
Employees occupying positions set forth in Schedule D herein are civil service exempt daily rate workers.
The salary rates established by the collective bargaining agreements negotiated between the respective construction contractors or associations and their
respective labor unions for employee occupying positions in the classes set forth in Schedule D, are hereby determined to be an ascertainment of the prevailing
wage for each position in each instance. The rates of compensation for the employees occupying positions in Schedule D as specified in the Item numbers set forth
therein, shall be fixed in accordance with the specific agreements applicable to such classes as set forth therein.
The Director of the Office of Administrative and Research Services shall, from time to time, amend the wage rates and other times of salary appearing on such
Item numbers to conform to the rates of compensation negotiated in the applicable labor agreements and such rates shall constitute the prevailing wage in each
instance and authority is hereby established to pay such rates of compensation so established.
Employees occupying exempt positions set forth in Schedule D shall not be covered by any of the provisions of this Code unless their coverage is specifically
provided.
SECTION HISTORY: NOTES OF SCHEDULE “A”
Notes 2 and 3, amended by Ord. No. 109,435;
Notes H, J, K, and N, amended by Ord. No. 127,154;
Note H, amended by: Ord. No. 138,864, Eff. 7-18-69; Ord. No. 140,204, Eff. 4-17-70;
Notes 4 and 5, added by Ord. No. 140,610, Eff. 6-28-70, Oper. 7-1-70;
1st Para. Notes-Schedule “A” added by Ord. No. 141,542, Eff. 2-24-71;
Note K amended by Ord. No. 141,865, Eff. 4-29-71;
1st Para., Notes-Schedule “A” amended by Ord. No. 145,850, Eff. 5-1-74.
2nd Para., Note 5, repealed by Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76;
1st Para., Notes G, H, J, K, N, 2, 3, 4, 5, amended by Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76;
Note P, added by Ord. No. 149,072, Eff. 12-16-76.
Note Q, added by Ord. No. 150,272, Eff. 1-13-77, Oper. 7-1-77.
Note Q, amended by Ord. No. 152,543, Eff. 7-3-79, Oper. 7-1-79.
Note R, added by Ord. No. 152,922. Eff. 9-25-79. Oper. 7-1-79.
Note R, amended by Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83.
Note R, amended by Ord. No. 162,273, Eff. 4-29-87.
Note E, added by Ord. No. 162,764, Eff. 9-4-87, Oper. 7-1-85.
Note R, amended by Ord. No. 171,604, Eff. 5-22-97.
Note V, added by Ord. No. 173,066, Eff. 2-9-00.
Notes J and K, repealed by Ord. No. 176,297, Eff. 12-2-04.
ALTERNATIVE PAY GRADES
Added by: Ord. No. 144,850, Eff. 6-21-73, Oper. 7-1-13.
Para (5), added by Ord. No. 148,023, Eff. 1-26-76, Oper. 7-1-75.
Para. (5), amended by Ord. No. 148,670, Eff. 8-10-76.
Subsec. (1), adds Notes F and C, Ord. No. 157,071, Eff. 9-15-82. Oper. 7-1-82.
Subsec. (2), adds Notes L and M. Ord. No. 157,071, Eff. 9-15-82. Oper. 7-1-82.
Subsec. (3), adds Notes S and T, Ord. No. 157,071, Eff. 9-15-82. Oper. 7-1-82.
Subsec. (4), adds Notes W and X, Ord. No. 157,071, Eff. 9-15-82, Oper. 7-1-82.
Subsec. (5), amended by Ord. No. 157,181, Eff. 10-21-82, Oper. 7-1-82.
Repealed by Ord. No. 176,297, Eff. 12-2-04.
SALARY FIXING FOR DAILY RATE EXEMPT POSITIONS
Added by: Ord. No. 151,532, Eff. 10-2-78.
SCHEDULE D, SALARY FIXING FOR DAILY RATE EXEMPT POSITIONS
Repealed by: Ord. No. 161,856, Eff. 8-13-86, Oper. 4-14-86.
SALARY NOTES APPLICABLE TO CITY CLERK ELECTIONS DIVISION
Added by: Ord. No. 178,117, Eff. 12-11-06.
Notes 3 and 4, amended by Ord. No. 182,208, Eff. 8-10-12.
SALARY NOTE APPLICABLE TO CITY ETHICS COMMISSION
Added by: Ord. No. 161,131, Eff. 8-16-90.
SALARY NOTES APPLICABLE TO VARIOUS DEPARTMENTS
AIRPORTS
Added by: Ord. No. 150,272, Eff. 11-13-77, Oper. 7-1-77.
Note 6, repealed by Ord. No 152,230, Eff. 4-23-79, Oper. 7-1-78.
Note 5, amended and Note 6 added by Ord. No. 157,169, Eff. 10-19-82, Oper. 7-1-82.
Note 5, amended by Ord. No. 157,181, Eff. 10-21-82, Oper. 7-1-82.
Note 5, amended by Ord. No. 158,640, Eff. 1-4-84, Oper. 7-1-83, 1-1-84, 7-1-84.
Note 7, added by Ord. No. 158,640, Eff. 1-24-84, Oper. 7-1-83.
Notes 4 and 5, repealed by Ord. No. 159,175, Eff. 7-23-84, Oper. 7-1-84,
Note 6, renumbered Note 4, Note 7(a) (b) renumbered Note 5(a), (b), Ord. No. 160,569, Eff. 1-23-86, Oper. 7-1-85.
Note 5(a), amended by Ord. No. 164,196, Eff. 11-30-88,Oper. 7-1-88.
Note 6, added by Ord. No. 164,491, Eff. 2-27-89, Oper. 7-1-88.
Note 1, repealed by Ord. No. 165,019, Eff. 7-14-89, Oper. 7-1-89.
Note 2, repealed by Ord. No. 165,019, Eff. 7-14-89, Oper. 7-1-89.
Note 5(a), amended by Ord. No. 165,019, Eff. 7-14-89, Oper. 7-1-89.
Note 5(a), amended by Ord. No. 176,297, Eff. 12-2-04.
Notes 4 and 6, repealed by Ord. No. 176,297, Eff. 12-2-04.
Note 7, added by Ord. No. 177,472, Eff. 4-28-06.
Note 7, amended and Note 8 added by Ord. No. 178,383, Eff. 2-22-07.
Note 5(b), added by Ord. No. 178,588, Eff. 4-20-07.
HARBOR
Added by: Ord. No. 150,272, Eff. 11-3-77, Oper. 7-1-77.
Note 3, amended by Ord. No. 150,868, Eff. 5-17-78, Oper. 7-1-77.
Note 3, amended by Ord. No. 152,230. Eff. 4-23-79, Oper. 7-1-78.
Notes 7 and 8, added by Ord. No. 152,230, Eff. 4-23-79. Oper. 7-1-78.
Note 3, amended by Ord. No. 152,543, Eff. 7-3-79, Oper. 7-1-79.
Note 6, repealed by Ord. No. 152,543, Eff. 7-3-79, Oper. 7-1-79.
Note 3, amended by Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80.
Note 9, added by Ord. No. 155,339, Eff. 6-9-81.
Note 3, amended by Ord. No. 155,667, Eff. 7-31-81, Oper. 7-1-81.
Notes 2, 3, 9, amended by Ord. No. 157,169, Eff. 10-19-82, Oper. 7-1-82.
Note 3, amended by Ord. No. 157,181, Eff. 10-21-82, Oper. 7-1-82.
Note 10, added by Ord. No. 158,877, Eff. 6-29-83. Oper. 1-9-83.
Note 3, amended by Ord. No. 158,640, Eff. 1-24-84, Oper. 7-1-83,1-1-84.
Notes 9, 10, amended by Ord. No. 158,640, Eff. 1-24-84, Oper. 7-1-83, 1-1-84, 7-1-84.
Note 11, added by Ord. No. 158,640, Eff. 1-24-84, Oper. 7-1-83.
Note 12, added by Ord. No. 158,961, Eff. 5-22-84, Oper. 7-1-83.
Note 3, repealed by Ord. No. 159,175, Eff. 7-23-84, Oper. 7-1-84.
Notes 5, 6, 7, 8, added by Ord. No. 159,573, Eff. 12-21-84. Note 8 operative 7-1-84.
Note 12, renumbered Note 3, Note 10 amended by Ord. No. 160,569, Eff. 1-23-86, Oper. 7-1-85, 7-1-86.
Note 11(a), (b), renumbered Note 6(a), (b), New Note 11 added. Ord. No. 160,669, Eff. 1-23-86, Oper. 7-1-85.
Note 10, amended by Ord. No. 163,818, Eff. 7-19-88, Oper 7-1-87.
Note 12, amended by Ord. No. 163,818, Eff. 7-19-88, Oper. 7-1-87.
Note 7, repealed by Ord. No. 164,908, Eff. 6-5-89, Oper, 7-1-89.
Note 10, repealed by Ord. No. 164,908, Eff. 6-5-89, Oper. 7-1-89.
Note 12, repealed by Ord. No. 165,019, Eff. 7-14-89, Oper. 7-1-89.
Note 6(a), amended by Ord. No. 167,183, Eff. 8-23-91, Oper. 7-1-91.
Note 3, deleted by Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94.
Note 6, amended by Ord. No. 170,618, Eff. 7-20-95, Oper. 7-20-95.
Note 9, amended by Ord. No. 171,658, Eff. 7-17-97, Oper. 7-1-93.
Note 1, Ord. No. 173,359, Eff. 6-21-00.
Note 2, Ord. No. 173,359, Eff. 6-21-00.
Note 3, Ord. No. 173,359, Eff. 6-21-00.
Note 12, added by Ord. No. 175,048, Eff. 1-23-03.
Notes 1, 2, 3, 6 and 12, repealed by Ord. No. 176,748, Eff. 6-23-05.
LIBRARY
Added by: Ord. No. 150,272, Eff. 11-3-77.
Note 6, amended by: Ord. No. 167,285, Eff. 10-1-91.
Note 1, deleted by Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94.
Note 2, repealed by Ord. No. 176,297, Eff. 12-2-04.
PENSIONS
Added by Ord. No. 160,272, Eff. 11-3-77, Oper. 7-1-77.
Notes 1 and 2, amended by Ord. No. 152,543. Eff. 7-3-79, Oper. 7-1-79.
Notes 1 and 2, amended by Ord. No. 153,230, Eff. 4-23-79, Oper. 7-1-78.
Notes 1 and 2, repealed by Ord. No. 154,343. Eff. 7-1-80, Oper. 7-1-80.
RECREATION AND PARKS
Added by: Ord. No. 150,272, Eff. 11-3-77, Oper. 7-1-77.
Note 7, added by Ord. No. 154,161, Eff. 7-3-80.
Amended to read in entirety, Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80.
Note 4, Added by Ord. No. 155,667, Eff. 7-31-81, Oper. 7-1-81.
Amended to read by Ord. No. 157,169, Eff. 10-19-82. Oper. 7-1-82.
Note 3, added by Ord. No. 158,877, Eff. 6-29-83, Oper. 7-1-82.
Note 4, added by Ord. No. 158,840, Eff. 4-5-84, Oper. 1-1-84, 7-1-84.
Note 9, added by Ord. No. 161,176, Eff. 4-30-86.
Note 9, amended by Ord. No. 161,668, Eff. 9-29-86, Oper. 7-1-85.
Note 9, renumbered Note 10, Ord. No. 162,961, Eff. 11-20-87, Oper. 7-1-87.
Notes 5, 6, 7, 8, repealed by Ord. No. 164,170, Eff. 11-11-88, Oper. 7-1-87.
Note 3, amended by Ord. No. 164196, Eff. 11-30-88, Oper. 7-1-88.
Notes 2, 4, and 10 deleted by Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94.
References to City Administrative Office(r) in Sec. 4.61 Amended by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.61.1. [Rate of Compensation for Acting Incumbent to Office of Controller or City Attorney.]
Any employee who is appointed to serve as acting incumbent to the Office of Controller or City Attorney, who at the time of vacancy within the office he/she
will assume, receives a higher rate of compensation than that established for the elected official of that office, shall continue to receive the higher rate of
compensation while serving as acting incumbent.
SECTION HISTORY
Added by Ord. No. 153,532, Eff. 3-25-80.
Sec. 4.61.2. Confidential Clerical Unit Benefits.
SECTION HISTORY
Added by Ord. No. 159,810, Eff. 5-15-85, Oper. 5-26-85.
Amended by: Ord. No. 167,296, Eff. 10-2-91, Oper. 7-1-90.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.62. Salary Adjustment for Classes of Machinist Foreman and Automotive Foreman and Senior Automotive Foreman.
SECTION HISTORY
Based on Ord. No. 89100.
Amended by: Subsec. (a), Para. 1., Subsec. (b), Ord. No. 130,095; Para. 2, Subsec. (b), Ord. No. 122,358; Para. 1., Subsec. (b), Ord. No. 145,850, Eff. 5-1-74; Ord. No. 148,563,
Eff. 7-12-76, Oper. 7-4-76.
Repealed by Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.62.2. Supervision Differential.
Notwithstanding any other provision of this chapter, a bonafide supervisory employee in a class which has its compensation fixed by salary schedule or range
number, shall be paid at a rate at least (1) two schedules higher than the rate of the highest paid subordinate under his charge whose compensation is fixed by salary
schedule number, or (2) at the appropriate step of the range with a first step rate equivalent to the second premium level rate above the first step rate of the
subordinate class. For the purposes of this section, “bona fide supervisory employee” means a full-time, regularly assigned supervisor with full administrative and
technical authority to assign, review and approve work of his subordinates. The rates to be compared in determining the supervision differential shall be the
maximum salary rates of the schedules or ranges prescribed for the authorized and allocated classes of the bona fide supervisor and the subordinate, excluding any
premiums, bonuses, or working condition differentials. The Director of the Office of Administrative and Research Services shall investigate all employment
situations described by this section and shall notify the Controller whenever a supervision differential shall be paid pursuant to this section.
For purposes of this section a bona fide supervisory employee shall not include either the manager of any department, bureau, or office of the City or his chief
assistant In those cases where the civil service class title of the chief assistant is not designative of his assignment the Director of the Office of Administrative and
Research Services may consider working titles and tables of organization in determining whether an employee is a chief assistant
SECTION HISTORY
Added by: Ord. No. 140,865, Eff. 9-8-70.
Amended by: Ord. No. 142,238 adding second para., Eff. 7-15-71; Ord. No. 148,563, Eff. 7-12-76, Eff. 7-4-76; Ord. No. 149,119, Eff. 1-3-77; Ord. No. 173,308, Eff. 6-30-00, Oper.
7-1-00.
Sec. 4.63. Annual Salary Survey – Declaration of Policy on Salary Adjustments.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 95,983; Ord. No. 127,154; Ord. No. 139,167, Eff. 8-22-69; Ord. No. 140,199, Eff. 5-4-70; Ord. No. 140,559, Eff. 6-19-70, Oper. 7-1-70; Ord. No. 142,305,
Eff. 8-4-71; Ord. No. 144,638, Eff. 4-25-73; Ord. No. 145,774, Eff. 4-10-74; Ord. No. 146,276, Eff. 7-22-74; Ord. No. 146,277, Eff. 7-22-74; Ord. No. 147,002, Eff. 4-3-75;
Ord. No. 151,200, Eff. 7-3-78; In entirety, Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.64. Adoption of Prevailing Salary Ranges in Compensation Plan.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 117,872; Ord, No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.65. Index to Classes of Salary
Schedule “A” lists and names the classes and salary ranges applicable to the respective classes of positions in the City service compensated on a five-step
compensation basis together with a class code and salary range number for each class of position. The Arabic numbers appearing in the column headings of “Class
Code” and “Salary Range Number” indicate the designated class code and salary range number which is keyed to the base and prevailing salary ranges as set
forth under Section 4.64 of this Code. The applicable salary range number for any class of position compensated on a five-step compensation basis is shown in
Schedule “A”.
Where the applicable rate or rates of compensation provided for a position or positions of any class are to be changed by an amending ordinance, an
amendment to Schedule “A,” changing the class code and the salary range number, shall change such rate or rates of compensation.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 117,872; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76.
Sec. 4.66. Rates of Compensation for Temporary Positions.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.67. Interpretation and Application of Compensation Plan.
The salary range for the respective classes of positions are set out in Schedule “A”, with such amendments as may be adopted by the Council from time to
time, shall have the force and effect and shall be interpreted and applied as follows:
(a)
The salaries or rates of compensation prescribed are fixed on the basis of full-time service in full-time positions. Where any position provided
for in the department personnel ordinance is by appropriate language specified or in any way indicated as being for less than full-time service, the rate of
compensation provided for such position shall be proportionately reduced in the computation of the rate of compensation payable for part-time service in
accordance with the part-time specification for any such position;
(b)
The rates of pay prescribed shall be deemed to include pay in every form except pay for use of equipment supplied by the employee or
reimbursement for necessary expenses authorized and incurred incident to the employment. When allowances are provided in addition to cash payments,
such as full or part maintenance, consisting of one or more meals, lodging or living quarters, laundry, medical care or treatment, domestic or other personal
services, or provisions, for the employee or the employee and his family, such compensation in kind shall be treated as part payment and shall be reported
and deducted from the cash payable on the departmental payrolls, in the event of the value of the allowance as established in Section 4.101 of this Code or as
set out in the department personnel ordinance.
(c)
The Director of the Office of Administrative and Research Services is hereby directed to maintain an official record of the distinguishing duties
and responsibilities of positions in cases where the Council has established two or more pay grades within a single class, and to periodically review the
duties and responsibilities of such positions and report thereon to the City Council with recommendations, if any, for any changes in authority or
compensation in order to assure that the existing ranges of compensation within such classes are commensurate with such duties and responsibilities. It is the
responsibility of the appointing authority together with the Personnel Department and with the approval of the Director of the Office of Administrative and
Research Services to establish administrative procedures consistent with merit principles for the assignment of persons to such salary grades.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 140,865 adding Subsec. (c), Eff. 9-8-70; Subsec. (a) and (c), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.68. Adjustment on Amendment to the Compensation Plan.
(a)
Subject to the provisions contained in this Code, the five-step salary ranges set out in this Code shall be applicable to all positions in the City service,
except those positions wherein the rate of compensation is provided for on a basis other than the five-step salary range plan, and each employee in the City service
shall be paid the salary or compensation for services rendered in behalf of the City in accordance with the salary range prescribed for class of position to which his
position is allocated as set forth in Schedule “C”, which schedule names and allocates all positions authorized by the City Council under the standard class titles in
the Classification Plan, as provided under Section 4.53 of this Code.
(b)
Whenever the salary range prescribed for any class of position is changed by the Council, the salary rates of incumbents in such class of position at the
time of taking effect of the new salary range shall be adjusted to the corresponding step rate in said new salary range and such incumbents shall retain their
respective anniversary dates; provided, however, that in the event any such incumbent who, immediately prior to the time of taking effect of such new salary range,
was receiving compensation in his position at a rate higher than the maximum salary rate of the salary range prescribed for the class to which his position is
allocated, said incumbent shall receive salary at the next higher rate in the applicable salary range and if there is no higher rate in said new range he shall be
continued at his existing rate and his position shall be designated in the departmental personnel ordinance for the department in which he is employed by adding the
letter “Y” to the Code number applicable to the class of position filled by such employee.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 117,872; Subsec. (a) and (b), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,665, Eff. 7-23-81.
Subsec. (C) Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.72. Procedure for Adjusted Compensation – Basis for Payment.
(a)
The adjusted compensation which is fixed in the Notes of Schedule “A” may be authorized by either of the following procedures:
(1)
Specific provision therefor may be made in the department personnel ordinance of the department, office or bureau affected by showing a
capital G, H, J, K, N, P, or U, as the case may be, immediately following the Code number of the position for which such adjusted compensation is to be
authorized; or
(2)
The City Council may by order or resolution authorize adjusted compensation in any department, office or bureau by designating the position for
which such adjusted compensation are authorized by Code, title, or normal salary range number, together with a capital G, H, J, K, N, P, or U, as the case
may be, following such salary range designation; provided, that in no event shall such authorization extend beyond the end of the first fiscal year in which
such authority is granted. Such order or resolution shall, before it becomes effective, be presented to the Mayor for his approval and for his signature if he
approves it; if not, he shall endorse thereon the date of presentation to him, and shall return it to the Council with his objections in writing. The Council, at
its first meeting after the return of such authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases
require the votes of two-thirds of the whole Council to pass such authorization over the veto of the Mayor. If any such authorization shall be returned to the
Council by the Mayor, with his objections in writing within ten (10) days after it shall have been presented to him, it shall become effective and be valid as
if the Mayor had approved and signed it.
(b)
All adjusted compensation as authorized by Notes H, J, N, P, and U shall be paid upon a daily basis, that is, paid only for each day in which the
employee spends over 50 percent (50%) of the time performing the duties prescribed by the notes. It shall be the responsibility of the Administrative head of each
department to certify on the payroll that the employee actually qualified for the premium rate on such daily basis, and the number of days in each payroll period that
the employee so qualified.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 128,854; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Subpart (1) & (2) of Subsec. (a), Ord. No. 149,505, Eff. 4-25-77; Subsec (b), Ord. No. 149,505, Eff.
4-25-77; In entirety by Ord. No. 154,608, Eff. 10-31-80, Oper. 8-28-80.
Sec. 4.73. Salary Adjustments for Incumbents of Certain Classes.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 109,435.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.74. Exclusions From Adjusted Compensation.
The adjusted compensation provided by Notes H, K and N shall be subject to the limitations herein specified: it being the intent of this section that certain
classes should be excluded from the application of said notes for the reason that the provisions of said notes are inherent in the duties of said excluded classes:
(a)
At no time shall the adjusted compensation provided by Note H be applicable in a position in any of the following classes:
(1)
Bricklayer, Code 3324, except in cases where an employee in the class is performing duties more than fifty percent (50%) of his time in
any one day in a deep sewer over eight (8) feet in depth involving timbering, shoring, tunneling, pipe laying and concreting.
(2)
Painter, Code 3423, and Painter Working Foreman, Code 3424, except in cases where an employee in any one of said classes performs
duties more than fifty percent (50%) of his time in any one (1) day working on a scaffold or other device that is suspended by ropes or cables, or
operating compressed air spraying apparatus to spray paint.
(3)
Carpenter, Code 3344, except in cases where an employee in the class is performing duties more than fifty percent (50%) of his time in
any one (1) day in a deep sewer over eight (8) feet in depth involving timbering, shoring, tunneling, pipe laying and concreting, or working from a
scaffold or other device that is suspended by ropes or cables.
(4)
Electrical Repairman, Code 3853, Electrician, Code 3863, and Electrician Working Foreman, Code 3864, except in cases where an
employee in any one of said classes performs duties more than fifty percent (50%) of his time in any one (1) day working from a scaffold or other
device that is suspended by ropes or cables at a height greater than sixty (60) feet from the ground.
CLASSES NOT SUBJECT TO NOTE H
Title
Code
(5) Plasterer
3453
(6) Auto Painter
3721
(7) Alarm, Signal and Telephone Electrician
(8) Communications Lineman
3681
(9) Communications Electrician
(10) Telephone Cableman
3678
3685
3803
(11) Assistant Street Lighting Electrician
(12) Traffic Signal Electrician
(13) Elevator Mechanic
3809
3819
3866
(14) Safety Engineer Pressure Vessels
(15) Safety Engineer Elevators
(b)
4261
4263
At no time shall the adjusted compensation provided by Note K be applicable to a position in any of the following classes:
CLASSES NOT SUBJECT TO NOTE K
Title
Code
(1) Veterinarian
2365
(2) Building Maintenance Foreman
3338
(3) Assistant Mechanical Superintendent Sewage Treatment
(4) Mechanical Superintendent Sewage Treatment
(5) Refuse Collection Foreman
4101
(6) Refuse Collection Superintendent
4104
(7) Sewer Maintenance Working Foreman
(8) Sewer Maintenance Foreman
4111
4113
(9) Sewer Maintenance General Foreman
(10) Sewage Plant Operator
4114
4121
(11) Intermediate Sewage Plant Operator
(12) Senior Sewage Plant Operator
4122
4124
(13) Chief Sewage Treatment Plant Operator
4125
(14) Assistant Sewer Maintenance Superintendent
(15) Sewer Maintenance Superintendent
(16) Industrial Waste Inspector
4310
(19) Animal Control Officer
4133
4292
(17) Senior Industrial Waste Inspector
(18) Kennelman
3783
4311
4293
4131
3782
(20) Assistant Director Bureau of Sanitation
7225
(21) Shift Superintendent Sewage Treatment
7242
(22) Director Bureau of Sanitation
(23) Chemist
7336
7833
(24) Chief Chemist
7835
(25) Laboratory Director Sewage Treatment
(26) Laboratory Assistant
(27) Water Biologist
7851
7853
(28) X-Ray and Laboratory Technologist
(29) Zoo Veterinarian
(32) Animal Keeper
2358
2367
(30) Veterinary Assistant
(31) Zoo Curator
7838
2369
4297
4304
(33) Senior Animal Keeper
(34) Principal Animal Keeper
4305
4312
(c)
At no time shall the adjusted compensation provided by Note N be applicable to a position in a class represented by a bargaining unit whose
Memorandum of Understanding does not specifically provide for a shift differential.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 101,142; Subsec (a), Ord. No. 140,204, Eff. 4-17-70; First para., Subsec. (c) added, Ord. No. 142,190, Eff. 7-1-71; Ord. No. 143,600, Eff. 6-29-72, Oper. 7-172; Subdiv. 4, Subsec. (a), Ord. No. 145,850, Eff. 5-1-74; Subsec (a), (5) and (6) added, Ord. No. 146,920, Eff. 1-31-76; Subsec. (b), (28)-(34) added, Ord. No. 150,272, Eff.
1-13-77, Oper. 7-1-77; Subsec. (c), Ord. No. 182,206, Eff. 8-10-12.
Sec. 4.75. Adjusted or Additional Compensation.
Notwithstanding any other provision of this Code, or any department personnel ordinance, or other ordinance, the provisions of this section shall control
payment of adjusted or additional compensation, sometimes referred to as premium pay, during vacation time and holidays and shall control the basis for
computation of sick leave pay and compensation for overtime.
(a)
Any employee who is regularly assigned to hours of work or duties required to qualify such employee to receive adjusted compensation
pursuant to Notes H, J, K, N, P, or U of Schedule “A”, and Section 4.72 of this Code, or pursuant to a specific provision contained in any department
personnel ordinance which authorizes additional or premium pay under specified working conditions or hours, shall be entitled to receive such adjusted
compensation during his absence from work while on vacation, a holiday, sick leave or other authorized absence with pay including any time off for
overtime.
(b)
For the purpose of computing cash compensation for overtime, an employee’s regular salary shall include any adjusted or additional
compensation pursuant to said notes of Schedule “A” or pursuant to any specific provisions in a department personnel ordinance which authorizes
additional or adjusted compensation, provided, however, that the hours of work or duties required qualifies such employees to receive adjusted or additional
compensation during the overtime worked.
(c)
As used in this section the term “regularly assigned” shall mean those employees who are certified to the Controller by the administrative head
of such department as being qualified and assigned to perform the particular duties described in the appropriate note to Schedule “A.” Such certification to
be made at the time of such assignment and to remain in effect until changed by said Administrative head.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 127,975; Subsec. (a), Ord. No. 149,072, Eff. 12-16-76; Subsec. (a), Ord. No. 154,608, Eff. 10-31-80, Oper. 8-28-80.
Sec. 4.77. Salary Adjustments for Incumbents of Certain Intermediate Classes.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Subsec. (a), Ord. No. 127,154; Subsec. (a), & (c), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.78. Salary For Systems Aide Class.
SECTION HISTORY
Added by Ord. No. 170,864, Eff. 1-22-96, Oper. 7-1-95.
Repealed by Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.82. Salary of Retired Persons Employed by City Under Charter, Section 1164.
SECTION HISTORY
Added by: Ord. No. 138,701, Eff. 5-19-69.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.83. Equipment Mechanic Apprenticeship Program.
(a)
Selection of Eligible Employees. Employees in the classes of Garage Attendant, Code 3534; Construction Equipment Serviceman, Code 3541, and
Mechanical Helper, Code 3771, whose eligibility has been determined in accordance with procedures established under the provisions of Division 4, Chapter 7,
Article 6 of this Code, may be designated by their appointing authority to participate in a state approved Equipment Mechanic Apprenticeship Program.
(b)
Equipment Mechanic Apprentice Salaries. Employees so designated shall receive the salaries hereinafter set forth. The salary rates are to be as fixed
in this article. Employees shall receive said salaries while assigned to the Equipment Mechanic Apprenticeship Program in lieu of the regular salaries fixed in
Schedule “A” of Section 4.61 for their respective classes. If an employee prior to being assigned to the Equipment Mechanic Apprenticeship Program is receiving
salary, exclusive of any premium or adjusted compensation, greater than the rate herein prescribed the existing rate shall be continued. Said salaries shall be in the
percentage of the rate ap proved by the City Council for the class Equipment Mechanic, Code 3711-5 as follows:
First Year:
Second Year:
Third Year:
85%
90%
95%
(c)
Additional Adjusted Compensation. Employees assigned to the Equipment Mechanic Apprenticeship Program shall receive, in addition to the above
salary, adjusted compensation as provided in Notes “K” and “N” in cases where employees are performing the duties and working the hours prescribed in said
notes; and those employees shall receive a salary adjustment of 8.25% while performing the duties described in Section 4.61 ALTERNATIVE PAY GRADE 6.
(d)
Advancement in Salaries. Employees assigned to the Equipment Mechanic Apprenticeship Program shall normally enter the formal stage of such
program at the first year salary rate and progress to the second year’s salary rate after the completion of one year from date of entry into the program and advance to
the third salary rate after the completion of two years from such date of entry. The Apprenticeship Committee established under the provisions of Division 4,
Chapter 7, Article 6 of this Code to administer the program may recommend to the appointing authority in writing for entry of an employee into the program at
higher than the first year rate and may recommend an employee to advance to the next rate prior to the completion of one year. Recommendations shall be based on
the individual employee’s experience and his progress under the program.
All recommendations hereinabove referred to shall be approved by the Apprenticeship Committee and forwarded to the Director of the Office of
Administrative and Research Services, who shall certify to the Controller those instances where an employee may enter the program above the first year rate or
advance to the next higher rate prior to the completion of one year.
Authorization for the third year rate will expire no later than six months after the completion of the employee’s third year in the program.
SECTION HISTORY
Added by: Ord No. 141,722, Eff. 3-23-71.
Amended by: Subsec. (b), Ord No. 142190, Eff. 7-1-71; Subsec. (b), Ord No. 143,600, Eff. 6-29-72, Oper. 7-1-72; Subsec. (b), Ord No. 144,850, Eff. 6-21-73, Oper. 7-1-73; Subsec.
(b), Ord No. 146,255, Eff. 7-9-74; Subsec. (b), Ord No. 147,728, Eff. 9-26-75, Oper. 7-1-75; Subsec. (b), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Subsec. (c), Ord. No.
149,324, Eff. 3-1-77, Oper. 8-10-76; Ord. No. 150,272, Eff. 11-3-77, Oper. 7-1-77; Subsecs. (b) and (c), Ord. No. 152,230, Eff. 4-23-79, Oper. 7-1-78; Ord. No. 173,308,
Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.84. Premium Pay for Persons Possessing Bilingual Skills.
(a)
Whenever the administrative head of any department, bureau or office determines that it is necessary or desirable that a position be filled by a person
able to converse fluently in a language other than English, or speak, write and interpret a language other than English, he or she shall transmit to the Controller a
written statement approving payment of a bilingual premium, as provided by this section, to the person occupying such a position and possessing such bilingual
skills.
(b)
After authorizing payment of a bilingual premium, the administrative head of the department shall certify to the Controller the name of any person
eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the employee has qualified under its standards of fluency and
proficiency for said language.
(c)
Persons in classifications compensated by a five-step salary plan who are employed in such positions and certified as being qualified by the Personnel
Department shall receive a bilingual premium of (1) one salary schedule, or (2) one premium level rate for duties requiring that they converse fluently in a language
other than English, or of (1) two salary schedules, or (2) two premium level rates for duties requiring that they interpret another language other than English, in
addition to conversing fluently in that language. Persons in classifications not compensated by a five-step salary plan who are employed in such positions and
certified as being qualified by the Personnel Department shall receive a bilingual premium of 2 3/4 percent of their salary or wages for duties requiring that they
converse fluently in a language other than English, or of 5 1/2 percent of their salary or wages for duties requiring that they interpret and write a language other than
English, in addition to conversing fluently in that language.
(d)
Persons employed in non-represented classifications who have been approved for bilingual premium pay in accordance with subsections (a) and (b)
above, shall receive a non-pension based bilingual bonus of $25 per pay period for either writing (including reading and interpreting) or conversing fluently in a
language other than English, or $50 per pay period for writing (including reading and interpreting) in addition to conversing fluently in a language other than
English. Eligible non-represented employees shall receive no more than one bilingual bonus per pay period.
SECTION HISTORY
Added by: Ord. No. 144,850, Eff. 4-4-73.
Amended by: Subsec. (c), Ord. No. 145,929, Eff. 5-14-74, Oper. 5-26-74; Subsec. (c), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; In Entirety, Ord. No. 154,910, Eff. 4-2-81;
Subsec. (c), Ord. No. 155,160, Eff. 6-19-81; Subsecs. (a), (b), (c), Ord. No. 158,612, Eff. 2-17-84; Subsec. (d) Deleted, Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96;
Subsec. (d) Added, Ord. No. 181,137, Eff. 4-2-10.
Sec. 4.84.1. Premium Pay for Persons Possessing Sign Language Skills.
(a)
Whenever a City department desires to have an employee certified as proficient in American Sign Language (ASL) as necessary to provide City
services to the deaf community, the administrative head of that department shall transmit a written request to the Personnel Department to certify the employee as
qualified to communicate fluently in ASL. The Personnel Department shall certify to the Controller, and to the appointing authority, that the employee has been
certified and is eligible for sign language bonus pay as provided in subsections (b) and (c) below.
(b)
Unless provided otherwise in a Memorandum of Understanding, certified employees who are required to utilize sign language skills in the
performance of their job duties shall be compensated at the rate of $5.00 per day for each business day they are required to utilize their skills, not to exceed $50 biweekly.
(c)
Prior to an eligible employee receiving sign language bonus pay for each business day on which his/her sign language skills were utilized, the
employee's appointing authority or designated representative shall certify to the Controller that the eligible employee utilized sign language communication skills in
performance of his/her duties as requested by the City on each such business day.
SECTION HISTORY
Added by Ord. No. 149,325, Eff. 3-2-77.
Amended by: Subsec. (d), Ord. No. 159,572, Eff. 12-21-84; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 181,786, Eff. 7-19-11.
ARTICLE 4
SERVICE RATINGS
Sec. 4.85. Service Rating Standards and Systems.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 181,787, Eff. 7-19-11.
Sec. 4.86. Organization for Service Ratings.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 181,787, Eff. 7-19-11.
Sec. 4.87. Department Personnel Committees.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 89,934; In Entirety, Ord. No. 158,480, Eff. 12-29-83.
Repealed by Ord. No. 181,787, Eff. 7-19-11.
ARTICLE 5
APPLICABLE SALARY RATES UPON CHANGE OF STATUS
Section
4.90
4.91
4.91.1
4.92
4.93
4.95
4.99
Salary Step Placement on Initial Appointment to City Service.
Salary Step Placement on Assignment to a Different Position in City Service.
Applicable Salary Rates upon Return to a Class Following a Charter Section 1014 Transfer.
Salary Step Advancement.
Return from Layoff or Separation from City Service.
Salary Adjustment Following a Concurrent Change of Position and Salary Range.
Effective Dates of Change of Status.
Sec. 4.90. Salary Step Placement on Initial Appointment to City Service.
(a)
Initial appointment to any position in City service shall be at the lowest step in the salary range for the position.
(b)
Notwithstanding Subsection (a) above, the chief administrative officer of each department or office or, in the Department of Public Works, the chief
administrative officer of each bureau, may authorize the appointment of a person to a step above the lowest step in the salary range where the chief administrative
officer finds that:
(1)
The department, office or bureau is unable to recruit sufficient persons who have the needed experience, abilities or training for the position, or
who are willing to work nonstandard hours or who are willing to work in certain locations, or
(2)
The person to be appointed has experience and skills that exceed those of other candidates available for the position and such experience and
skills are required, and
(3)
The advanced step hiring is applied to a limited number of difficult-to-fill positions in the department, office or bureau.
(c)
Persons who are employees of other jurisdictions or entities whose functions are consolidated into the City and who enter City service by action of the
Board of Civil Service Commissioners pursuant to the provisions of Charter Section 1021 shall be credited with their length of service in the position held at the
time of the consolidation for purposes of salary step placement and salary step advancement.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 94,904; Subsecs. (a), (b), (c), Ord. No. 142,103, Eff. 7-1-71; Subsecs. (a), b), (c), (d), (e)(1), (2), Ord. No. 143,593, Eff. 7-12-72; Subsec. (e)(1) Ord. No.
144,308, Eff. 1-23-73; Subdiv. (2) of Subsec. (e), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, *Ord. No. 155,181, Eff. 5-4-81; Subsec. (b), Ord. No.
172,760, Eff. 8-18-99, Oper. 8-18-99; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
* The provisions of this ordinance shall be effective upon its publication except that each Appointing Authority is hereby authorized to adjust the step placement of any employee who
was appointed, transferred, promoted or demoted on or after June 1, 1979 in accordance with the revised Sections 4.90, 4.91, 4.92, 4.93, 4.901, 4.902, 4.903 or 4.904 where
such employee would receive a higher salary step placement than that which was provided by the former code sections.
Sec. 4.91. Salary Step Placement on Assignment to a Different Position in City Service.
(a)
Whenever an employee is assigned or appointed from a position to another position, the following step placement procedures shall apply:
(1)
If the top step rate of the salary range for the new position is higher than the top step rate of the salary range for the former position, the
employee shall be placed on the lowest step within the salary range for the new position which provides at least a five (5) percent increase over the rate
received in the former position. Any regularly assigned bonus or premium compensation amounts shall be included in calculating the step rate for the former
position and added to the new salary after determining the appropriate salary step rate for the new position.
a.
Effective July 1, 2005, employees in the classification of Deputy City Attorney II who are advanced to the classification of Deputy City
Attorney III, in accordance with Article 9B.1 or Article 9B.2 of Memorandum of Understanding Nos. 29 and 31, shall be placed on the first step of
Deputy City Attorney III that results in an increase in salary over their current step of Deputy City Attorney II, even if it is less than a five (5)
percent increase.
(2)
If the top step rate of the salary range for the new position is the same as the top step rate of the salary range for the former position, the
employee shall retain the same salary step from his former position.
(3)
If the top step rate of the salary range for the new position is lower than the top step rate of the salary range for the former position, the
employee shall receive the lower of:
a.
The top step rate of the salary range for the new position, or
b.
The step rate in the salary range for the new position which is the same as the employee’s step rate in the prior class; if no step rate in the
range is the same, the next higher level rate in the new salary range shall apply until the employee’s next anniversary date.
c.
Any regularly assigned bonus or premium amounts shall be included in calculating the step rate for the former position and added to the
new salary after determining the appropriate step rate for the new position.
(4)
(5)
(b)
In no case shall an employee be placed lower than the lowest step rate or higher than the top step rate of the salary range for the new position.
When an employee returns to a higher level position, the employee may be restored to the former step and step anniversary date.
Salary Rate Comparisons.
(1)
All salary rate comparisons shall be made in the hourly or biweekly amounts for the step rates in the salary range.
(2)
Flat rate salary amounts shall be considered to be the top step of the salary range for the position.
(3)
In determining the step placement for an employee assigned or appointed from a position in the Department of Water and Power to a position
in any other City department, salary rate comparisons shall be made using the actual salary of the Department of Water and Power employee in accordance
with applicable provisions of this section. The availability of higher pay levels for the employee’s classification shall not be considered in the salary step
determination. The Controller may request the assistance of the Director of the Office of Administrative and Research Services in making such comparisons
and determinations.
(c)
Concurrent Step Advancement and Position Change. Employees who would be entitled to receive a step advancement on the same date as they are
appointed or assigned to a new position on a different salary range shall be deemed to have received the step advancement prior to the appointment or assignment
to the new position.
(d)
Bonus – Premium Compensation Assignment. Assignment to or from a position with a regularly assigned bonus or premium rate within the same
class and pay grade does not change the employee’s step placement or step advancement anniversary date.
(e)
Change in Classification by the Civil Service Commission. Whenever a position is reclassified and an employee is found “legally employed” or if
an employee is found to be “not legally employed” by action of the Board of Civil Service Commissioners, such employee shall retain the salary step and
anniversary date of the former classification.
(f)
Retroactive Salary Adjustments. Step adjustments will be recomputed, if necessary, pursuant to the provisions for any retroactive salary ordinance
(for non-represented employees) or Council-approved MOU (for represented employees).
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 102505, Ord. No. 142,103, Eff. 6-1-471, Oper. 7-1-71; Ord. No. 143,593, Eff. 7-12-72; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord.
No. 155,181, Eff. 5-4-81; Subsec. (a)(1) and (d), adds (a)(5) Ord. No. 157,221, Eff. 11-3-82; Subdiv. (a)(1), (a)(4), (a)(5), Subsec. (e), amended; Subdiv (3)(c) Subsec. (f),
added, Ord. No. 159,659, Eff. 2-15-85; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. (a)(1)a. added, Ord. No. 176,576, Eff. 4-16-05; Subsec. (f), Ord. No. 177,103,
Eff. 12-18-05.
Sec. 4.91.1. Applicable Salary Rates Upon Return to A Class Following a Charter Section 1014 Transfer.
Whenever an employee is placed on leave from his position to accept a transfer pursuant to Charter Section 1014, he shall upon return from the leave be
placed at the step in the current salary schedule or range for the position that he held prior to the leave or retain his present salary rate, whichever is higher,
provided that his salary rate upon return shall not exceed the rate for the fifth step in the schedule or range for the position he held prior to the leave. He shall retain
the anniversary date for the position held by him prior to the return from leave.
SECTION HISTORY
Added by Ord. No. 144,154, Eff. 12-14-72.
Amended by: Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.92. Salary Step Advancement.
(a)
The first salary step advancement for an employee who has been initially appointed to City service or who has been appointed or assigned to a position
on a higher salary range shall take place one year from the date of the appointment or assignment at the beginning of the payroll period following completion of
2080 regular paid hours, unless provided otherwise in a Memorandum of Understanding. This date shall become the employee's step advancement date, except
under the circumstances set forth in Subsection (c).
(b)
Each subsequent step advancement shall occur after one additional year of service at the beginning of the payroll period following the completion of
2080 additional regular paid hours, except under the circumstances set forth in Subsection (c), until the top step has been reached.
(c)
Uncompensated absences of 128 hours or less during the 1040 hour qualifying period and during each subsequent 2080 hour annual period shall not
extend the step advancement date. The step advancement date shall be extended one hour for each hour of aggregated uncompensated absence in excess of 128
hours. Employees who are injured on duty and are compensated in accordance with Division IV of the Labor Code of the State of California and Article 7 of
Division 4 of this Code shall not have their step advancement date changed due to their workers' compensation status.
(d)
Consecutive appointments to positions with the same top step salary rate in the 12 months following the appointment or assignment shall be treated as
one appointment or assignment for step advancement purposes, unless provided otherwise in a Memorandum of Understanding.
(e)
position.
(f)
An employee who is appointed to a new position on the same or lower salary range shall retain the step advancement date established for the former
Provisions applicable to part-time and intermittent employees:
(1)
The initial salary step advancement for a part-time employee (half-time or more but less than full-time) in a position compensated on salary
range shall be in the payroll period following the completion of 1040 hours and 12 months of service, unless provided otherwise in a Memorandum of
Understanding. Each subsequent step advancement shall be in the payroll period following the completion of 1040 additional hours and one additional year
of service. Hours of service in excess of those required for step advancement in a time period shall be carried forward for credit in the next time period.
(2)
Intermittent employees or part-time employees exempted from Civil Service provisions by Charter Section 1001 shall be paid a rate
corresponding to the entering step in the salary range for the classification in which the employee is employed. Full-time or half-time employees changing
to intermittent status in the same Civil Service class shall continue to be paid at the same rate as which they were last paid while a full/half-time employee. Employees who, on the effective date of this Section, are being compensated on a step in a salary range higher than that prescribed by this Section shall
receive salary at their existing rate until that rate meets or exceeds the rate prescribed by this Section.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 90,286; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,181, Eff. 5-4-81; Subdiv. (a)(3), Subsec. (c), Subsec. (d), amended;
Subsec. (b) added, Ord. No. 159,659, Eff. 2-15-85; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 181,784,
Eff. 7-19-11.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date).
Sec. 4.93. Return from Layoff or Separation from City Service.
(a)
When an employee returns to a position in a classification in accordance with Charter Section 1015, the employee shall be placed on the same step in
the salary range for the position that was occupied prior to the layoff; and the anniversary date for such employee shall be the date of completion of an aggregate of
one year service at the salary step. If any other section of this Code provides a higher salary rate than is provided by this section, that other section of the Code shall
govern the employee’s step placement.
(b)
When a former City employee is reinstated after a separation from City service to serve on active duty in the Armed Forces of the United States, the
employee shall be placed on the step in the salary range for the new position as though no separation from City service had occurred and the employee shall retain
his/her former anniversary date.
(c)
If any employee returns to City service within three years of the date of separation from City service, the appointing authority may authorize placement
of the employee on the step in the salary range for the position in accordance with this section as though the employee had not been separated from City service, but
no step advancement credit will be given for the time of the separation. In such cases, the employee’s step advancement anniversary date shall be date of completion
of the aggregate number of months required for step advancement at the time of separation from City service.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 102,505; Ord. No. 139,493, Eff. 11-10-69; Ord. No. 143,110, Eff. 2-29-72; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,181,
Eff. 5-4-81; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.95. Salary Adjustment Following a Concurrent Change of Position and Salary Range.
Whenever an employee is promoted, demoted, transferred, or displaced from one position to another, and such change of position is effective on the same day
as the effective day of any change in the salary range of the position the employee is leaving, the change of position shall, for the sole purpose of determining the
rate of salary to be thereafter paid to such employee in his new position, be deemed to have occurred on the day before the effective date of the salary range change.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 116,844; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76.
Sec. 4.98. Cumulation of Service in One Class of Positions.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.99. Effective Dates of Change of Status.
Any change of status which results in the transfer of an employee from one department, office or bureau to another department, office or bureau for which a
separate payroll is prepared, shall occur and be effective only upon the date of the first day of the ensuing pay period.
SECTION HISTORY
Added by: Ord. No. 141,335, Eff. 1-17-71.
ARTICLE 6
MAINTENANCE ALLOWANCE
Sec. 4.101. Maintenance Provisions and Incidental Allowances.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 116,844; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 7
COMPENSATION TO EMPLOYEES INJURED IN COURSE OF EMPLOYMENT
Section
4.104
Workers’ Compensation for Illness or Injury Sustained in Course of Employment.
Sec. 4.104. Workers’ Compensation for Illness or Injury Sustained in Course of Employment.
(a)
Any employee in the City service who sustains illness or injury proximately caused by, arising out of and in the course of his/her employment shall
receive, from the date the employee is certified off duty for temporary total disability as a result of such illness or injury by either a physician or surgeon duly
authorized under Subsection (d) of this section to administer treatment therefor or by the General Manager of the Personnel Department, an amount equal to (1) the
employee’s regular biweekly, take-home pay at the time of incurring the disability condition (operative July 1, 1994 for non-represented employees and operative as
specified by Council-approved ordinance implementing each MOU for those represented employees who have negotiated the take-home pay formula) or (2) 90
percent of his/her regular salary at the salary rate at the time of incurring the disability condition (operative July 1, 1994 for those represented employees who have
not negotiated the take-home pay formula), as workers’ compensation in satisfaction of the obligation of the City of Los Angeles under Division IV of the Labor
Code of the State of California and not as salary or wages for services rendered. For purposes of subsection (a)(1), take-home pay shall be defined as an employee’s
biweekly gross salary rate less the mandatory deductions for Federal and State income tax withholding and employee retirement contributions. The employee will
be able to make adjustments in his/her voluntary deductions while on temporary disability leave but will not be able to change the amount normally deducted for
State and Federal income taxes, unless the employee has changed those deductions to those which he/she is legally entitled to take within ten (10) days of the
commencement of any disability leave, or within ten (10) days of any change in dependents.
Any employee of the City who sustains an illness or injury caused by, arising out of, and in the course and scope of his/her employment and who is certified
by the General Manager of the Personnel Department in reliance on competent medical information, to be temporarily partially disabled may, with the approval of
his/her appointing authority, work half-time, as that term is defined in Section 4.110(a). Employees, while working half-time, shall receive compensation for the
hours worked at their regular rate of pay and shall receive compensation for the remaining hours of a regular work week as Workers’ Compensation in satisfaction
of the City’s obligation under Division IV of the California Labor Code, as provided by this section.
The payment of such amount shall continue until said physician or surgeon or General Manager of the Personnel Department certifies that such employee is no
longer temporarily disabled or that he/she is able to return to work full time; provided, however, that in no event shall any employee receive payment at the rate
specified in this subsection for a longer period than one year in the aggregate for any one illness or injury.
(b)
The Controller is authorized to deduct from the above mentioned workers’ compensation payments the following:
1.
All deductions pursuant to the written authorization of the employee unless and until such authorization shall be canceled in writing by the
employee.
2.
An amount which would normally be withheld from the employee’s regular salary as provided by Section 1162 of the Charter as his/her
contribution to the Retirement Fund. It is intended that this deduction be made in order that service credit for retirement purposes under Charter Sections
1150 et seq. may continue to accrue to any member of the City Employees’ Retirement System during the period in which payments are made to such
member under this section.
3.
An amount which would normally be withheld from the employee’s regular salary as provided by Section 4.1603(a) of the Los Angeles
Administrative Code as the employee’s contribution to the Pension Savings Plan for Part-time, Seasonal and Temporary Employees.
The total amount of such deductions shall not exceed the difference between the amount payable to such employee under this section and the benefits to which
he/she would be entitled under Division IV of the Labor Code. In case not all deductions can be made because of the provisions of this subsection, the Controller
shall notify the employee in writing immediately to prevent possible loss of individual benefits.
(c)
All money paid under this section shall be paid from the applicable salary account of the appropriate departmental fund; except that any payment,
pursuant to Subsection (f) of this section, to a member of the City Employees’ Retirement System after such member is retired shall be made from the Workmen’s
Compensation Claims Account of the Personnel Department.
(d)
It shall be the exclusive duty of the General Manager of the Personnel Department to secure all necessary medical and hospital care for employees
coming within Subsection (a) of this section and decide upon the medical and factual record contained in the Personnel Department’s file, the following:
1.
All medical issues and factual conflicts pertaining thereto;
2.
All questions relating to the employees’ rights to the benefits provided in this section.
(e)
If at any time an employee, or a dependent wife, child, or parent of an employee, or any other person shall be granted or shall make claim for any
benefit, compensation or award under Division IV of the Labor Code of the State of California or any general law providing for compensation or indemnity for
illness or injury or death arising out of employment, then and in that event all payments made pursuant to the provisions of Subdivision (a) of this section shall be
construed to be and shall be payments of such benefit, compensation or award, and all payments made under the provisions of this section shall be applied first to
the payment of such benefit, compensation or award and only the balance remaining, if any, shall be applied as payment under this section.
(f)
Any member of the City Employees’ Retirement System who is retired from City service under the provisions of Charter Sections 1150 et seq. during
the period in which he/she is entitled to payments under the provisions of this section, shall, from and after the effective date of such retirement, be compensated
under this section to the extent of the difference between the retirement benefits and (1) his/her take-home pay as defined in subsection (a) (for non-represented
employees and those represented employees who have negotiated the take-home pay formula) or (2) 90% of his/her regular salary (for those represented employees
who have not negotiated the take-home pay formula); provided that in no event shall the payments under this section be less than the benefits to which he/she would
be entitled under Division IV of the Labor Code.
(g)
Any employee who on and after the effective date of this amending ordinance, is entitled to receive compensation for temporary disability under
Subdivision (a) of this section for an injury which occurred prior to the effective date of this amending ordinance shall, from and after said effective date, be
compensated at the rate provided for in this section the same as if this section, as amended, had been in effect when his injury occurred.
(h)
It shall be the duty of the General Manager of the Personnel Department to investigate the safety and personnel management aspects of working
conditions resulting in illness and injury arising in the course of employment; to confer with and to make recommendations to the administrative head of any
department, office or bureau concerned relative to any corrective action he deems necessary or advisable. Said General Manager of the Personnel Department shall
transmit a periodic report of the Manager’s investigations and recommendations for further action on personnel and safety matters to the Personnel Committee of
the Council. Each office, board, department and employee of the City shall render all possible assistance to said General Manager, who may utilize the services of
operating department personnel in carrying out the Manager’s investigation under the provisions of this section.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 130,264; Subsec. (a), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 150,582, Eff. 3-24-78, Oper. 4-1-78; Subsec. (h), Ord. No. 164,741, Eff. 5-2789, Oper. 7-1-89. Subsec. (a), Ord. No. 167,709, Eff. 4-13-92; Sec. Title and Subsecs. (a) and (g), Ord. No. 167,709, Eff. 4-13-92; Subsecs. (a) and (b), Ord. No. 170,101,
Eff. 11-17-94, Oper. 7-1-94;Para. 1 of Subsecs. (a) and (f) amended, Ord. No. 170,864, Eff. 1-22-96, Oper. 7-1-94; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.104.1. Workers’ Compensation Benefits for Illness or Injury Sustained in Course of Employment – Paramedic.
SECTION HISTORY
Added by: Ord. No. 163,814, Eff. 7-19-88.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 7.1
REIMBURSEMENT FOR LOST OR DAMAGED PROPERTY OF CITY EMPLOYEES
Section
4.106.1
4.106.2
4.106.3
4.106.4
4.106.5
4.106.6
4.106.7
4.106.8
4.106.9
4.106.10
4.106.11
4.106.12
4.106.13
4.106.14
4.106.15
Employee Reimbursement for Lost or Damaged Property.
Reimbursement for Tools.
“City Employee” Defined.
“Property” Defined.
Reimbursement When Denied.
Reimbursement How Calculated.
Application for Reimbursement.
Endorsement of Application for Reimbursement.
Denial of Application for Reimbursement.
Approval of Application for Reimbursement.
Reimbursement Terms – Title Transfer.
Reimbursement Terms - Rights Transfer.
Reimbursement - Rules and Regulations.
Applications under Oath or Affirmation.
Validity of this Article.
Sec. 4.106.1. Employee Reimbursement for Lost or Damaged Property.
If property or prostheses of a city employee, normally carried or worn by him in the course of his duties, including eyeglasses, hearing aids, dentures, watches
and articles of clothing, are lost, stolen, damaged or destroyed in the performance of his duties, other than by normal deterioration through passage of time, the city
will reimburse such employee for the loss incurred subject to the conditions and limitations set forth in this article.
SECTION HISTORY
Added by: Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 160,620, Eff. 2-13-86.
Sec. 4.106.2. Reimbursement for Tools.
If tools of a city employee, required by the nature of his employment to be furnished at the employee’s own expense, are damaged or destroyed by fire or are
stolen or disappear mysteriously while such employee is engaged in the performance of his duties either on or off city premises, or while such tools, though not in
use in the performance of the employee’s duties, are on city premises with the consent of the employee’s supervisor, the city will reimburse such employee for the
loss incurred, subject to the conditions and limitations provided in this article.
SECTION HISTORY
Added by: Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.3. “City Employee” Defined.
The term “city employee”, as used in this article, means any person who holds a city office or position, whether compensated or not. Moreover, the provisions
of this article shall not apply to employees of the Department of Water and Power, Department of Airports and the Harbor Department.
SECTION HISTORY
Added by: Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.4. “Property” Defined.
The term “property” as used in this article does not include tools.
SECTION HISTORY
Added by: Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.5. Reimbursement When Denied.
No reimbursement shall be given:
(a)
For losses incurred prior to the effective date of this article, or any amendment hereto, except where a claim for such loss was timely filed prior
to such date.
(b)
For property or prosthesis damaged or destroyed due to the fault of the employee.
(c)
For tools lost due to the fault of the employee.
(d)
For damage, destruction or loss of jewelry (other than watches as provided in Section 4.106.1).
(e)
For damage or destruction of vehicles, except where the Council determines that reimbursement, in whole or in part, is appropriate under all the
circumstances.
(f)
None.
(g)
To the extent to which the employee may be entitled to reimbursement from any other source.
(h)
If the employee does not file the proper application for reimbursement within the proper time and in all other respects comply with the
conditions of this article.
(i)
If the employee’s claim is denied pursuant to the provisions of this article.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 152,551, Eff 8-12-79; Subsec. (b), repealed, Subsecs. (c) - (f) re-lettered (b) - (e), Ord. No. 160,620, Eff. 2-13-86.
Sec. 4.106.6. Reimbursement How Calculated.
If a city employee is entitled to reimbursement under this article, the amount of reimbursement shall be calculated by subtracting the sum of five dollars and
any other amount he may be entitled to receive as reimbursement from other sources, if any, from the lesser of the following:
(a)
The cost of repair of the property, prostheses, or tools.
(b)
The cost of replacement of the property, prostheses or tools.
(c)
The market value of the property or tools, other than prostheses, hearing aids, or glasses, immediately prior to loss or damage.
SECTION HISTORY
Added by: Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.7. Application for Reimbursement.
A city employee requesting reimbursement under the provisions of this article shall file his verified application for reimbursement with the head of his
department unless he is a department head himself or a city officer, in which case he shall file such verified application with the Director of the Office of
Administration and Research Services. The city employee shall file such application within five working days after he becomes aware or should have become aware
of the damage, destruction or loss of the property, prostheses or tool, unless prevented by disability, act of God, or other good reason, and the person or persons
responsible for approving the application so find. If the application is filed more than five working days after the damage, destruction or loss of the property,
prostheses or tool, because the applicant was not aware of such damage, destruction or loss he shall state in the application the facts explaining why he was not so
aware. Whenever an application is filed under this article, the damaged property, prostheses or tool shall accompany the application for reimbursement, if possible.
If not possible the application shall so state, and why. The department head or his authorized representative or, in the case of department heads or city officers, the
Director of the Office of Administration and Research Services shall either retain the damaged property, prostheses or tool until the application is finally determined
or return it to the applicant, in which case the applicant shall retain the damaged property, prostheses or tool until the application is finally determined.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.106.8. Endorsement of Application for Reimbursement.
The department head or, where applicable, the Director of the Office of Administration and Research Services, shall indicate his approval or disapproval of the
application by placing thereon his endorsement, in an appropriate manner and shall forward the application to the Purchasing Agent. If the department head or the
Director of the Office of Administration and Research Services finds that the employee is not entitled to any reimbursement, he shall so notify the employee in
writing and such denial shall be final and not subject to review.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.106.9. Denial of Application for Reimbursement.
If the application for reimbursement is approved by the department head, or the Director of the Office of Administration and Research Services, it shall be
forwarded to the Purchasing Agent, who shall determine the cost of repair, cost of replacement, or market value of the item, as the case may be, and state such cost
value on the application. If he finds that such cost for repair, cost of replacement or market value (whichever is applicable) does not exceed the sum of five dollars,
plus the amount of reimbursement which the applicant shall be entitled to receive from other sources, if any, he shall deny the application and so notify the
applicant in writing on the application which shall be returned to the applicant. Such denial shall be final and not subject to review.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.106.10. Approval of Application for Reimbursement.
If the application for reimbursement is approved by the Purchasing Agent, the claim shall be returned to the applicable department where the department head
or other appropriate city officer shall be authorized to draw demands directly upon a fund under his control which shall be established for the purpose of payment of
reimbursement under this article.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.11. Reimbursement Terms – Title Transfer.
If the application is based on the market value or cost of replacement, as the case may be, and not on the cost of repair, and if the damaged property, prostheses
or tool has sufficient salvage value to make sale as, or use as, salvage by the City practical, the applicant shall be required, as a condition of the allowance of the
application and before approval of such application, to deliver and transfer title of such damaged article, prostheses or tool to the City.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.12. Reimbursement Terms - Rights Transfer.
By filing an application pursuant to this article, the applicant agrees to subrogate to the City any right which he may have to reimbursement from others for the
damage, loss or destruction of the property, prostheses or tool which is the subject of the application, to the extent of the reimbursement paid to him by the City,
unless such right of reimbursement from others was taken into account in computing the award to be paid hereunder pursuant to Section 4.106.6 of this article.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Sec. 4.106.13. Reimbursement - Rules and Regulations.
The Director of the Office of Administration and Research Services may establish rules and regulations for the implementation of this article.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.106.14. Applications Under Oath or Affirmation.
Applications filed pursuant to the provisions of this article shall be made under oath or affirmation subject to penalty of perjury.
SECTION HISTORY
Added by Sec. 140,180, Eff. 5-15-70.
Sec. 4.106.15. Validity of This Article.
It is the intent of the City Council to provide reimbursement hereunder only if there is compliance with all conditions of this article, therefore, it should be held
that any exception, limitation or condition of this article is invalid, then in that event, the entire article shall be of no effect.
SECTION HISTORY
Added by Ord. No. 140,180, Eff. 5-15-70.
ARTICLE 8
HOURS OF WORK
Section
4.108
4.110
4.110.1
4.111
4.111.1
4.112
4.113
4.113.1
Hours of Work – FLSA Non-exempt Employees.
Part-time Employment.
Compensated Personal Time Off Benefits for Intermittent Employees.
Payment of Salary During Jury Service.
Payment of Salary When Subpoenaed as a Witness.
Schedule Changes for Personal Business.
Overtime – FLSA Non-exempt Employees.
Increments of time reporting.
4.114
4.114.5
4.115
4.116
4.117
4.118
Salaried – FLSA Exempt Employees.
Certain FLSA Exempt and All FLSA Excluded Employees.
Payment for Overtime – Transfer and Termination.
Payment of Overtime on Death of Employee.
Reduced Work Schedule.
Time Off to Donate Blood or Bone Marrow.
Sec. 4.108. Hours of Work – FLSA Non-exempt Employees.
Employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end
on any day of the week and any time of the day. A minimum of 8 hours of actual attendance on duty shall constitute a day’s work and a minimum of 40 hours shall
constitute a week’s work for every full-time employee including authorized holidays and compensated absences. With the exception of employees assigned a
reduced work schedule in accordance with Section 4.117, any employee who works fewer than these required hours per week shall be considered part-time, as
defined in Section 4.110. Employees may be assigned to work Saturdays, Sundays or holidays.
(a)
Alternative Work Schedules – Employees may be assigned to work schedules of five eight hour days (5/40), four ten hour days (4/10) in a single
workweek, eight nine hour days and one eight hour day within a two week period (9/80) or other schedules at the discretion of the appointing authority. Regardless
of schedule, employees shall not be assigned to work more than 40 hours during a workweek. Employees assigned to a (9/80) schedule shall have a designated
regular day off, which shall remain fixed, unless permanently reassigned.
(b)
Changes to Work Schedules – Employees may be required to adjust their work schedules (change days off or working hours, except on the same day
of the week as their regular 9/80 day off) within the same FLSA workweek. Temporary changes to the designated 9/80 day off at the request of the employee’s
appointing authority or the employee is prohibited unless it is intended for the employee to work additional hours (overtime) with the exception of during holiday
weeks as provided for in Section 4.119(G).
(c)
Rest Periods – The administrative head of any department may permit employees to take brief rest periods during any working day at such times and
of such duration as to not adversely affect the operation of the department and promote efficiency, provided that such rest period shall not be taken during the first
or last hour of the working day. The taking of rest periods is a privilege and not a right and any rest period not taken at the time permitted shall be deemed waived
and not accumulated or carried over from one day to any subsequent day, or compensated for in any form.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 99,790; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.109. Staggered Schedules for Saturdays.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.110. Part-time Employment.
Except as otherwise provided in Section 4.117 of this Code and in any Memoranda of Understanding or Departmental Personnel Ordinances to the contrary, a
work schedule of less than the number of hours of full-time employment shall be considered part-time employment.
The following categories of part-time employment are hereby defined:
(a)
Half-time: Half-time employees are employees regularly assigned to a work schedule of half-time (1040 hours) or more in any service year,
but less than full-time. Compensation shall be prorated on the basis of the total number of hours scheduled to be worked in relationship to the total number
of hours required for full-time employment in the class of position. Benefits for such half-time employees provided in this Code shall apply to these
employees on a prorated basis.
(b)
Intermittent: Intermittent employees are employees assigned to a regular or on-call work schedule of less than half of the available working
time (less than 1040 hours ) in any service year. Employees who are compensated by the session and employees who hold more than one intermittent
position concurrently, regardless of total number of hours scheduled, shall be considered intermittent employees. Compensation as established in Schedule
“A” herein shall be considered full remuneration for intermittent employees defined by this section, except for compensated personal time off benefits as
provided in Section 4.110.1 of this Code.
Any employee, either full-time or half-time, shall be eligible to receive benefits from only one employing department at any one time.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 117,872; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; In Entirety, Ord. No. 165,482, Eff. 2-1-90; Subsec. (b), Ord. No. 172,359, Eff. 1-4-99; Penultimate
Para. Deleted, Ord. No. 181,785, Eff. 7-19-11.
Sec. 4.110.1. Compensated Personal Time Off Benefits for Intermittent Employees.
Intermittent non-representative employees shall be eligible to accrue compensated time off (CPTO) at a rate of 2.75 minutes for every hour compensated. Employees must complete a period of six consecutive months of City service and must have been compensated for at least 500 hours before qualifying to use the
CPTO. This benefit may be used in no less than one-hour increments for the following:
1.
Sick leave;
2.
Personal business, subject to approval of the supervisor;
3.
Holidays assigned off. When a holiday falls on an employee’s assigned schedule and the employee is not required to work on that holiday, an
employee may request to use CPTO. If the qualifying employees choose not to use CPTO for the holiday, the employees may be allowed, subject to the
approval of the supervisor, to adjust their work schedules and make up the time in full not later than the next succeeding payroll period.
CPTO may be accumulated for up to a maximum of 48 hours. Any time accumulated in excess of such amount shall be deemed waived and lost.
There shall be no payment of any form for unused personal time upon separation from City service for any reason.
Employees who hold more than one intermittent position concurrently shall be eligible to accrue CPTO in only one position.
Intermittent and half-time employees must request permission from their primary employing department to hold more than one position concurrently. Employees must designate a primary employing department in writing with their primary and secondary employing departments and with the Controller’s Office. Temporary Elections workers are exempt from this requirement. If an employee fails to designate a primary employing department the Controller’s Office will
designate the first department to hire the employee as the primary employing department. Employees may change their designated primary department during Open
Enrollment period of October 1-31. If an employee changes departments outside the Open Enrollment period, the Controller’s Office will designate the first
department to hire the employee as the primary employing department, unless the employee notifies the Controller’s Office otherwise within 30 calendar days of the
effective date of the change. Employees who hold concurrent positions shall request permission to continue to do so within 60 days of the adoption of this MOU by
City Council.
Employees who are receiving benefits as a full-time or half-time employee in another department or capacity, or are a retired member of LACERS shall not be
eligible to receive compensated personal time off benefits as an intermittent employee.
Employees who are paid per diem or by the session shall not be eligible to accrue CPTO.
SECTION HISTORY
Added by Ord. No. 172,359, Eff. 1-4-99.
Amended by: In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.111. Payment of Salary During Jury Service.
Any officer, full-time or half-time employee as defined by Section 4.110(a) of this Code who is duly summoned to attend any court for the purpose of
performing jury service or has been nominated and selected to serve on a Grand Jury shall, for those days during which jury service is actually performed and those
days necessary to qualify for jury service, receive his or her regular salary; provided, however, that any jury attendance fees received by any officer or employee of
the City who receives regular salary pursuant to this section, except for those fees received for jury service performed on a regular day off or a holiday, shall be paid
to the City and deposited in the General Fund. A prorated portion of jury service fees received by a half-time employee shall be paid to the City when those fees are
received for jury service performed on days for which the employee is scheduled to work a portion of a day. The absence of any officer or employee for the purpose
of performing jury service shall be deemed to be an authorized absence with pay within the meaning of Section 4.75 of this Code. The absence of an intermittent
employee for the purpose of performing jury service shall be deemed to be an authorized absence without pay.
Employees summoned for jury service are not authorized to waive jury attendance fees and will be expected to remit the appropriate fees to the City upon
completion of service.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 131,394; Ord. No. 137,255; Ord. No. 140,475, Eff. 7-18-70; Ord. No. 141,127, Eff. 10-19-70; Ord. No. 148,797, Eff. 9-17-76; In Entirety, Ord. No. 165,022, Eff. 7-14-89; In Entirety, Ord. No, 165,482, Eff. 2-1-90; Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.111.1. Payment of Salary When Subpoenaed as a Witness.
Any officer or employee of the City who is served with a subpoena by a court of competent jurisdiction or an administrative body to appear as a witness during
his or her scheduled working period, unless he or she is a party to the litigation or an expert witness, shall be granted pay in the amount of the difference between
the employee’s regular earnings and the witness fee. The absence of any officer or employee for the purpose of serving as a witness during his or her scheduled
working period shall be deemed an authorized absence with pay within the meaning of Section 4.75 of this Code with pay calculated pursuant to this article.
A court of competent jurisdiction is defined as a court within the county in which the employee resides. If the place of appearance is outside the county of
residence, it must be within 150 miles of the employees residence.
SECTION HISTORY
Added by Ord. No. 165,022, Eff. 7-14-89.
Amended by: Second paragraph added, Ord. No. 177,103, Eff. 12-18-05.
Sec. 4.111.3. Payment of Salary When Subpoenaed as a Witness.
SECTION HISTORY
Added by Ord. No. 167,291, Eff. 11-2-91, Oper. 10-2-91.
Repealed by Ord. No. 177,103, Eff. 12-18-05.
Sec. 4.112. Schedule Changes for Personal Business.
Management may allow an employee time off with pay, not to exceed eight hours in any one payroll period for personal business (except for changes on the
9/80 day off or the split day) provided that such time off so allowed shall either be made up in full within the same workweek that the time is taken or charged
against the employee’s accrued and unused vacation or overtime bank on an hourly basis. Employees on a FLSA 7(b) work period shall either make up this time in
full within the same pay period that the time is taken (as long as hours worked do not exceed 56 hours in a workweek or 12 hours in a day) or charged against the
employee’s accrued and unused vacation or overtime bank on an hourly basis.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 131,781; Ord. No. 166,710, Eff. 3-1-91, Oper. 7-11-90; In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.113. Overtime – FLSA Non-exempt Employees.
(a)
Authority for Overtime – Compensation for overtime shall be for all hours worked in excess of 40 hours actually worked in a workweek. No
employee shall work overtime without prior authorization of the chief administrative officer of the department or a supervisor delegated the responsibility by such
officer. All hours worked by FLSA non-exempt employees shall be recorded on their time sheet. FLSA non-exempt employees may not work outside of scheduled
working hours, or during unpaid meal periods, without the prior approval of a supervisor consistent with department policy. Failure to secure prior approval may
result in discipline. Working and not recording time is similarly prohibited.
(b)
Rate of Compensation for Overtime – Overtime compensation for employees who are employed in a class or pay grade (if the class has multiple pay
grades) with a fifth step regular biweekly rate, without bonuses, at or below the fifth step regular biweekly rate for the class of Senior Administrative Analyst I shall
be in time off at the rate of one and one-half (1½) hours for each hour of overtime worked or in cash at one and one-half (1½) times the employee’s regular rate of
pay. The method of overtime compensation shall be at the discretion of the employee’s appointing authority.
(c)
Compensatory Time Off – Employees may, subject to the discretion of the appointing authority, be permitted to accumulate up to 80 hours of
compensatory time off (CTO). Appointing authorities may allow employees to accumulate in excess of 80 hours for a temporary period of time not to exceed an
additional fiscal year.
If an employee does not schedule and take CTO prior to the end of the fiscal year in which the overtime was worked, the employee’s appointing authority
may: require employees to use CTO hours prior to the end of the fiscal year; require employees to use such time in lieu of vacation (unless the mandatory use of
CTO would result in the loss of vacation accumulation) or other leave time; or authorize cash payment. In the event sufficient funds are not available to provide
cash compensation for all or a portion of the CTO hours, the employee’s appointing authority may extend the time limit for a period not to exceed an additional
fiscal year.
In accordance with FLSA, no employee shall lose CTO. Employees shall be permitted to take CTO for overtime worked upon request unless granting of such
time would “unduly disrupt” the operations of the City department. This standard does not apply to non-FLSA overtime (i.e. overtime earned pursuant to this
Section that does not meet the FLSA definition of overtime).
Under no circumstances shall compensatory time off (CTO) in excess of 240 hours be accumulated.
(d)
Record Keeping – Departments shall furnish the Controller with a detailed record of all overtime worked and accumulated. The Controller shall
maintain for each department and employee a record of all overtime paid and accumulated time remaining to be taken off.
SECTION HISTORY
Based on Ord, No. 89,100.
Amended by: Ord. No. 96,561; Ord. No. 120,628; Ord. No. 140,475, Eff. 7-18-70; Ord. No. 141,335, Eff. 12-17-70; Ord. No. 144,498 Eff. 3-19-73; Ord. No. 144,499, Eff. 3-19-73;
Ord. No. 151,926, Eff. 2-1-79; Ord. No. 157,893, Eff. 7-30-83; Ord. No. 158,946, Eff. 5-18-84; Ord. No.. 165,022, Eff 7-14-89; Ord. No. 166,708, Eff. 3-1-91; Ord. No.
170,864, Eff. 1-22-96, Oper. 1-22-96; Ord. No. 172,713, Eff. 8-21-99; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsec. (a), Ord. No. 181,137, Eff. 4-2-10.
Sec. 4.113.1. Increments of time reporting.
Hours worked shall be accounted for in increments of six (6) minutes. Overtime shall be earned, credited and paid or taken off (compensatory time off) in
increments of six (6) minutes. No overtime credit shall be allowed for a period of less than six (6) minutes.
SECTION HISTORY
Added by Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.114. Salaried – FLSA Exempt Employees.
(a)
Salaried Employees – Employees who qualify for exemption from the Fair Labor Standards Act (FLSA) overtime provisions based upon duties and
who are assigned to a class or pay grade, if the class has multiple pay grades, with a fifth step biweekly rate, without bonuses, above the fifth step regular biweekly
rate for the class of Senior Administrative Analyst I shall be treated as salaried employees as defined by the FLSA. Salaried employees will be paid the
predetermined salary for each biweekly pay period and shall not receive overtime compensation. Salaried employees shall not be subject to any deductions from
salary or any leave banks for any authorized absence from work for less than a full workday when these absences are occasional partial-day absences from work that
are authorized by the appropriate supervisor designated by management. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work
schedule for purposes of Family/Medical Leave) are subject to deductions from salary or leave banks. Salaried employees shall not be subject to disciplinary
suspension for periods of less than a workweek (salaried employees can only be suspended in increments of a full FLSA workweek) unless based on violations of a
safety rule of major significance or misconduct.
(b)
Work Schedules – Salaried employees may be assigned 5/40, 4/10, 9/80 or other schedules at the discretion of their appointing authority. Notwithstanding any Los Angeles Administrative Code provision or other City department rules and regulations to the contrary, these employees shall not be
required to record specific hours of work for compensation purposes, although hours may be recorded for other purposes.
(c)
Accumulated Compensatory Time Off – Salaried employees with accumulated compensatory time off earned prior to becoming salaried shall be
subject to the provisions of subsection 4.113(c).
(d)
Additional Time Off – The appointing authority of each City department may grant time off for hours worked due to unusual circumstances. Such
time off shall not be on an hour for hour basis for any additional hours worked.
(e)
Compensation for Emergencies and Unusual Occurrences – In lieu of time off, the appointing authority may, with the approval of the Mayor, grant
additional compensation to non-represented employees when an employee(s) is assigned by Management to work additional hours outside of an employee’s regular
work schedule, in increments of a full day (8) hours, in unusual situations (e.g. earthquake, flood, sewage spills, emergency construction response, etc.). Compensation for each additional day shall be an amount equivalent to 4.6% of the monthly rate of the employee’s appropriate step rate, as indicated in the
appropriate salary appendix.
SECTION HISTORY
Former Section Based on Ord. No. 89,100.
Former Section Repealed by Ord. No. 173,791, Eff. 3-2-01.
New Section Added by Ord. No. 175,048, Eff. 1-23-03.
Amended by: Subsec. (a), Ord. No. 179,996, Eff. 7-11-08.
Editor’s Note: Section 21 of Ordinance No. 175,048, effective 1-23-03, purported to amend Section 4.114 of this Code in its entirety. Section 4.114 was repealed, however, before Ordinance
No. 175,048 became effective. The section is set out above as if Section 21 of Ordinance No. 175,048 had the effect of enacting a new Section 4.114.
Sec. 4.114.5. Certain FLSA Exempt and All FLSA Excluded Employees.
City General Managers, Bureau Heads, Elected Officials and all FLSA excluded employees shall not be entitled to overtime compensation in any form. FLSA
excluded employees shall not be subject to any deductions from salary or leave banks for any authorized absence from work for less than a full work day when the
absences are occasional, partial-day absences from work. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work schedule for
purposes of Family/ Medical Leave) are subject to deductions from salary or leave banks.
SECTION HISTORY
Added by Ord. No. 175,048, Eff. 1-23-03.
Amended by: Ord. No. 179,997, Eff. 7-11-08.
Sec. 4.115. Payment for Overtime – Transfer and Termination.
Whenever a non-exempt or salaried employee transfers from one department, office or bureau to another department, office or bureau, all accumulated
overtime shall be compensated for in cash at the employee’s regular rate of pay on the employee’s last working day prior to the effective date of the transfer or if
higher, an average of the employee’s regular rate of pay over his/her last three years.
Whenever an employee resigns, retires or is discharged, all accumulated overtime shall be compensated for in cash at the employee’s regular rate of pay current
at the date of payment or if higher, an average of the employee’s regular rate of pay over his/her last three years.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 91,540; Ord. No. 144,499, Eff. 3-19-73; In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.116. Payment of Overtime on Death of Employee.
In the case of the death of an active employee, all accumulated overtime shall be compensated in cash at the employee’s regular rate of pay at the time of death
or if higher, an average of the employee’s regular rate of pay over his/her last three years. Payment may be made to: 1) the surviving spouse; 2) to dependent
children in the event of no surviving spouse; or 3) to dependent parents in the event there shall be no surviving spouse or dependent children.
SECTION HISTORY
Former Section Based on Ord. No. 89,100.
Former Section Repealed by Ord. No. 173,791, Eff. 3-2-01.
New Section Added by Ord. No. 175,048, Eff. 1-23-03.
Editor's Note: Section 24 of Ordinance No. 175,048, effective 1-23-03, purported to amend Section 4.116 of this Code in its entirety. Section 4.116 was repealed, however, before Ordinance
No. 175,048 became effective. The section is set out above as if Section 24 of Ordinance No. 175,048 had the effect of enacting a new Section 4.116.
Sec. 4.117. Reduced Work Schedule.
Notwithstanding Section 4.108(a) of the Los Angeles Administrative Code:
(a)
Whenever a full-time employee voluntarily reduces the number of his/her biweekly regular hours from 80 to a number not less than 72 at the
request and/or with the permission of his/her department, office or bureau; or
(b)
Whenever the appointing authority, in order to meet the varying needs of the different City agencies, reduces the number of a full-time
employee's biweekly regular hours to a different number of hours as may be established by the appointing authority pursuant to the City's adoption of a
resolution declaring a fiscal emergency;
an employee whose biweekly regular hours are reduced as authorized in this section shall be credited with all the rights and benefits as though he/she worked 80
hours in the payroll period. Compensation received under the circumstances herein provided shall be considered full compensation for all employees participating
in such hour reduction.
SECTION HISTORY
Added by: Ord. No. 157,826, Eff. 7-25-83.
Amended by: In Entirety, Ord. No. 175,048, Eff. 1-23-03; Ord. No. 180,696, Eff. 5-21-09.
Sec. 4.118. Time Off to Donate Blood or Bone Marrow.
Each department, office and bureau shall be responsible for administering time off for its employees who choose to donate blood or bone marrow. Depending
on the operating needs of the department, office or bureau, appointing authorities may permit an employee to take time off with pay to donate blood or bone
marrow as specified under the provisions of this section.
(a)
Blood Donation – Employees may take time off with pay to donate blood up to one hour to donate at a work site donation drive and up to two
hours to donate at a non-work site location during a 12 month period.
(b)
Bone Marrow Donation – Employees may take time off with pay to donate bone marrow up to 40 hours during a 12 month period.
(c)
A 12 month period shall begin on the first day of leave for each individual taking leave. The succeeding 12 month period will begin the first
day of the leave taken under this provision of this section after completion of the previous 12 month period.
(d)
Employees who request time off to donate blood pursuant to Subsection (a) must submit verification from the American Red Cross or other
recognized donation organization that they have donated or that their donation was deferred by the organization.
(e)
Employees requesting a leave of absence pursuant to Subsection (b), shall provide written verification to management that (1) he or she is a
bone marrow donor and (2) that there is a medical necessity for the bone marrow donation and absence from work.
SECTION HISTORY
Added by Ord. No. 171,027, Eff 4-25-96; Ord. No. 171,027 Repealed by Ord. No. 175,849, Eff. 3-25-04.
Amended by: In Entirety, Ord. No. 175,849, Eff. 3-25-04.
ARTICLE 9
LEGAL HOLIDAYS AND OPEN AND CLOSED DAYS FOR CITY OFFICES
Section
4.119
4.120
4.121
Legal Holidays for Employees.
Unpaid Holidays for Non-Represented Employees.
Time off for Religious Observances.
Sec. 4.119. Legal Holidays for Employees.
(a)
Notwithstanding any provisions of the LAAC that may conflict, the following days shall be treated as holidays:
1.
New Year's Day (January 1).
2.
Martin Luther King's Birthday (the third Monday in January).
3.
Washington's Birthday (the third Monday in February).
4.
Cesar E. Chavez' Birthday (the last Monday in March).
5.
Memorial Day (the last Monday in May).
6.
Independence Day (July 4).
7.
Labor Day (the first Monday in September).
8.
Columbus Day (the second Monday in October).
9.
Veterans Day (November 11).
10.
Thanksgiving Day (the fourth Thursday in November).
11.
The Friday after Thanksgiving Day.
12.
Christmas Day (December 25).
13.
Any day or portion thereof declared to be a holiday by proclamation of the Mayor and the concurrence of the City Council by resolution.
14.
One unspecified holiday.
(b)
When any holiday from 1 through 12 above falls on a Sunday, it shall be observed on the following Monday.
(c)
When any holiday from 1 through 12 above falls on a Saturday, it shall be observed on the preceding Friday.
(d)
Any holiday declared by proclamation of the Mayor shall not be deemed to advance the last scheduled working day before a holiday for purposes of
computing any additional time off.
(e)
Whenever a holiday from 1. through 14. above occurs during an employee's regularly scheduled workweek, eight (8) hours of paid leave for that
holiday shall not be counted for the purpose of computing overtime pay for work performed after forty (40) hours.
(f)
An employee shall be entitled to compensation for the appropriate number of hours of paid leave for holidays from 1. through 13. above if the employee
worked his/her assigned shift immediately before and after the holiday, or prior to such holiday Management has authorized the employee to take paid time off (such
as sick leave or vacation) in lieu of the requirement to work said shifts.
(g)
Whenever a holiday falls on an employee’s 9/80 regular day off or modified day off, the employee shall take an alternate day off within the same
calendar week as the holiday.
(h)
An FLSA non-exempt employee who works on any holiday above will be compensated at the rate of time and one-half (1½) for each hour worked, in
addition to his/her regular compensation for the day, provided, however, that the employee has (1) worked his/her assigned shift immediately before and his/her
assigned shift immediately after the holiday, or (2) prior to such holiday Management has authorized the employee to take paid leave time off in lieu of the
requirement to work said shifts. Any employee who fails to meet these requirements will be paid at the rate of one hour for each hour worked. Employees shall not
receive both overtime and holiday premium pay for same hours.
(i)
FLSA non-exempt employees working in excess of eight (8) hours on any holiday listed from 1. through 13. above shall be paid at the appropriate
holiday pay rate for his/her class. Employees shall not receive both overtime and holiday premium pay for the same hours.
(j)
For each holiday listed above which results in time off with pay for employees working a Monday through Friday work week, employees who are
scheduled to work other than the Monday through Friday work week shall be entitled to such day off with pay or shall be compensated in accordance with all
pertinent provisions ((b) through (i) above). If such holiday falls on an employee’s scheduled day off, an alternative day off in lieu shall be scheduled within the
same calendar week as the holiday.
(k)
The additional compensation for work performed on a holiday as provided herein shall not apply to employees whose regular rate of pay includes
compensation for working on a holiday.
(l)
Management shall have the sole authority and responsibility to determine whether the compensation for any holidays worked shall be in cash or CTO.
(m)
The unspecified holiday shall be taken in accordance with the following requirements:
1.
The holiday must be taken in one full normal working day increment of eight (8) hours during the calendar year in which it is credited or it will
be forfeited. The request for such time off, if timely submitted by the employee, will be promptly approved by Management subject to the operating needs of
the employee’s department, office or bureau. If an unforeseen operating requirement prevents the employee from taking such previously approved holiday,
Management will reschedule the holiday so that it may be taken on some other reasonably satisfactory date within the calendar year.
2.
Any break in service (i.e., resignation, discharge, retirement) prior to taking the holiday shall forfeit any right thereto.
3.
The holiday shall not be utilized to extend the date of any layoff.
4.
No employee shall be entitled to an unspecified holiday until he/she has completed six months of satisfactory service and has completed 500
hours of compensated time.
5.
No employee shall receive more than one unspecified holiday each calendar year. Thus, (a) an employee transferring from the Department of
Water and Power (DWP) to any other City department, office or bureau will not receive an unspecified holiday after taking such holiday prior to leaving
DWP, and (b) employees who resign or are terminated and then rehired during the same calendar year, will not receive an additional unspecified holiday
when rehired.
(n)
1.
a.
A half-time employee, as defined by Section 4.110(a) of the LAAC, shall qualify for and receive the same holiday benefits as a full-time
employee, including unspecified holidays except as noted in (n)1.b. below; provided, however, that pay for such holiday shall be prorated on the basis
of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment in the class of
position.
b.
Half-time employees must complete a period of six consecutive months of service and must have been compensated for at least 500 hours
before qualifying for the unspecified holiday. Half-time employees who transfer to full-time or full-time employees who transfer to half-time are
entitled to either a full unspecified holiday (8 hours) or a prorated unspecified holiday depending on their status at the time the holiday is taken. A
full-time or half-time employee who transfers to intermittent without having taken any unspecified holiday shall not be entitled to such holiday while
in intermittent status.
2.
Intermittent employees, as defined by Section 4.110(b) of the LAAC, shall not be entitled to holiday benefits. An intermittent employee who
becomes full-time or half-time and who has not previously qualified for the unspecified holiday benefit as a full or half-time employee shall be required to
qualify by completing six consecutive months of service in the full-time or half-time status and to have been compensated for at least 500 hours. Upon
completion of said qualifying period, a half-time employee will be allowed prorated benefits as described herein.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 89,934; Ord. No. 131,185; Ord. No. 141,413, Eff. 1-30-71; Ord. No. 142,605, Eff. 12-20-71; Ord. No. 146,024, Eff. 7-8-74; Ord. No. 150,272, Eff. 11-3-77,
Oper. 7-1-77; Ord. No. 152,230, Eff. 4-23-79, Oper. 7-1-78; In Entirety, Ord. No. 153,413, Eff. 3-10-80, Oper. 3-1-80; Ord. No. 158,644, Eff. 1-24-84, Oper. 1-24-84; Ord.
No. 160,569, Eff. 1-23-86, Oper. 7-1-85; Ord. No. 165,482, Eff. 2-1-90; Ord. No. 166,075, Eff. 7-20-90; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsecs. (a), (e), (f)
and (i), Ord. No. 181,789, Eff. 7-19-11.
Sec. 4.120. Unpaid Holidays for Non-Represented Employees.
(a)
Full-Time Employees – During Fiscal Year 2011-12 (July 1, 2011 through June 30, 2012), all full-time, non-represented employees shall take thirtytwo (32) hours of unpaid holiday time off during said fiscal year.
(b)
Half-Time Employees – During Fiscal Year 2011-12 (July 1, 2011 through June 30, 2012), all half-time, non-represented employees shall take sixteen
(16) hours of unpaid holiday time off during said fiscal year.
(c)
The provisions in (a) and (b) above shall apply to individuals employed in all non-represented classifications (including General Manager) regardless
of employing department or office, funding source, Fair Labor Standards Act status, or civil service status.
(d)
The unpaid holiday hours provided for in (a) and (b), above, shall be taken in no less than one-hour increments.
(e)
The unpaid holiday hours provided for in (a) and (b), above, may be substituted on an hour-for-hour basis for approved unpaid leave (e.g., Leave
Without Pay while on Family and Medical Leave).
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 93,646; Ord. No. 108,436; Ord. No. 100,940.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Added by Ord. No. 181,950, Eff. 12-1-11, Oper. 12-1-11.
Amended by: In Entirety, Ord. No. 182,205, Eff. 8-10-12.
Sec. 4.121. Time Off for Religious Observances.
Any City employee shall at his request be allowed time off for observance of religious holidays unless his absence substantially interferes with the performance
of essential City services, such time off to be charged to accrued vacation or accumulated overtime, if available, or to time off without pay, providing, however, that
the employing department may allow such time to be made up by rescheduling of the employee’s hours of work.
SECTION HISTORY
Added by: Ord. No. 152,497, Eff. 7-26-79.
ARTICLE 10
LEAVES OF ABSENCE
Section
4.123
4.125
4.126
4.126.2
4.127
4.127.1
4.128
4.129
Military Leave with Pay.
Source of Payment and Authority for Issuance of Terms for Sick Leave Allowances.
Allowance for Sick Leave.
Allowance for Leave for Pregnancy.
Allowance for Leave for Illness in Family.
Allowances for Leave Because of Family Deaths.
Method of Reporting Sick Leave.
Family and Medical Leave - Non-represented Employees.
Sec. 4.123. Military Leave with Pay.
(a)
Every employee of the City who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to the provisions of the
Military and Veterans Code of the State of California, shall, before he is paid his salary or compensation during such leave, or any part thereof, as provided in said
Code, furnish to his appointing authority two certified copies of his orders, one (1) copy to be filed in the department in which he is employed and the other with
the Controller, or in lieu thereof, he shall furnish to such appointing authority upon forms provided by the Controller certified evidence of his entry into active
service in the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such
armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such employee into active
service in such armed forces and of the actual performance by him of ordered military duty during all or any part of such leave.
(b)
In determining whether an employee has been in the service of the City for a period of not less than one year immediately prior to the date on which the
absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required, provided, however, that service in any department having
control of his own funds shall be counted in making such determination.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 100,535.
Sec. 4.125. Source of Payment and Authority for Issuance of Terms for Sick Leave Allowances.
(a)
Payments made for sick leave allowances pursuant to this article shall be made from moneys appropriated for the payment of the salary for the position
held by the employee. Such position shall be considered filled for the duration of the illness, and no other person shall be employed in the position during the
absence of such employee on account of such illness provided that sick leave pay allowance granted under the provisions of this article to the incumbent of any
position shall not be operative during any period in which funds are not available through specific appropriation for the payment of the salary or wage of such
position, and such sick leave with pay as may have been granted shall be automatically terminated upon the termination of the authority for employment in such
position.
(b)
All demands on payrolls authorizing compensation for sick leave allowances shall show that they are drawn, and the amounts therein set forth are paid
pursuant to the provisions of this article.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 131,641.
Sec. 4.126. Allowance for Sick Leave.
(a)
Every full-time civilian employee of the City shall be entitled to sick leave with pay as provided herein, if the employee is compelled to be absent from
work on account of any illness or injury other than that caused by or arising from the employee's own moral turpitude. Such sick leave shall be allowed as follows:
1.
Employees entering City service must complete a period of six consecutive months of service and must complete 1040 compensated hours before
qualifying for sick leave. The qualifying date shall be extended one hour for each hour of uncompensated absence. At the completion of the qualifying
period, such employees shall accrue one day of sick leave and shall accrue one additional day at the end of each subsequent month worked until January 1,
following completion of the six month period. Such accrual will be on the first day of the pay period in which the employee's anniversary date falls. Beginning January 1, following completion of the qualifying period, such employees shall accrue sick leave as provided for in Paragraph 2.
2.
Beginning January 1, 1998, employees shall be allowed 96 hours leave at full pay and 40 hours leave at 75% of full pay each calendar year plus
the hours of sick leave accrued and accumulated as provided herein. Employees hired prior to January 1, 1998, who were previously allowed to accrue 40
hours of leave at 50% of full pay each calendar year shall have any unused balance of such sick leave frozen with no further credits or withdrawal permitted.
3.
Notwithstanding the provisions of this section, employees in representation units shall be governed by the provisions of the Memorandum of
Understanding for their representation units. Changes in employees' rates of sick leave accrual resulting from changes in their representation unit, shall be
adjusted on the January 1 following such change.
4.
Half-time employees, as defined by Section 4.110(a) of this Code, must complete a period of six consecutive months of service, and must have
been compensated for at least 500 hours before qualifying for sick leave. Upon completion of the qualifying period, a half-time employee will be allowed
sick leave prorated on the basis of total number of hours scheduled in relationship to the total number of hours required for full-time employment. Intermittent employees, as defined by Section 4.110(b) of this Code, shall not be entitled to accrue or use sick leave benefits.
When a full-time or half-time employee becomes an intermittent employee, all accrued and accumulated sick leave for which he/she has been credited
shall remain credited to the employee but frozen in the amounts so accrued and accumulated without increase or decrease because of the change in work
schedule. Such benefits may only be used if the employee becomes a half-time or full-time employee.
An intermittent employee who becomes a full-time or half-time employee, who has not previously qualified for sick leave benefits as a full or half-time
employee, shall be required to complete the six month qualifying period and be required to have been compensated for at least 500 hours in accordance with
the above provisions.
5.
Notwithstanding the provisions above, employees who have completed at least six months of service in the Department of Water and Power and
who subsequently transfer or are appointed to a class in another City department shall be provided with the equivalent number of 100% sick time hours
available to the employee at the date of such transfer from the Department of Water and Power up to a maximum of 80 hours of 100% sick time. In
addition, the employees will accrue eight hours of 100% sick time each month until the next following January 1, at which time the employees will accrue
sick leave as provided for in Paragraph 2.
(b)
Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next
to a maximum of 800 hours, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which, if added to an employee's
accumulated sick leave at full pay, will exceed 800 hours, shall, as soon as practicable after the end of each calendar year, be compensated for by cash payment of
50% of the salary rate current at the date of payment.
If an employee retires from the service of the City or, if an employee who is eligible to retire on or after July 1, 1996, dies prior to retirement, any balance of
accumulated sick leave at full pay up to a maximum of 800 hours remaining unused at the time of retirement or death shall be compensated to the employee or, in
the event of the death of the employee, to his/her legal beneficiaries, by cash payment of 50% of the employee's salary rate on the date of retirement or death. Effective January 1, 1997, if an employee retires from the service of the City or if an employee who is eligible to retire on or after July 1, 1996, dies prior to
retirement, any balance of accumulated sick leave at 50% of full pay remaining unused at the date of retirement or death shall be compensated by cash payment at
25% of the employee's salary rate current at retirement or death.
The appointing authority shall authorize cash payment to the legal beneficiaries of any City employee who is killed during the performance of job-related
duties for the balance of the employee's accumulated full-pay sick leave at 100% of the employee's salary rate on the date of his/her death.
In no instance shall an employee or his/her beneficiaries be compensated more than once for accumulated full pay sick leave and 50% sick leave upon
retirement and/or death of the employee.
(c)
Any unused balance of sick leave at 75% of full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to
the next to a maximum of 800 hours at 75% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost.
(d)
Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of 16 hours in any one
calendar year but in not less than one-half hour increments at any one time, which shall be included in the allowance of sick leave at full pay under this section for
the purpose of securing preventive medical, dental, optical or other like treatment or examination for the employee and for members of the employee's immediate
family.
(e)
No sick leave at partial pay shall be used by any employee unless and until all sick leave with full pay to which such employee is entitled shall have
been used.
(f)
Payment for sick leave at full pay for any period of three consecutive working days or less may be allowed upon approval of the appointing authority. No payment, however, for sick leave allowance in excess of three consecutive working days shall be made until a doctor's certificate or other suitable and
satisfactory proof showing the fact of the illness and the necessity for the absence, together with such other satisfactory proof of the probity of the claim as may be
required has been received, accepted and approved by his appointing authority and reported to the Controller. The appointing authority may require a doctor's
certificate or proof of illness at any time.
(g)
As used in this section and in Section 4.127 of this Code, the term "calendar year" shall mean the 12-month period from January 1 to December 31.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 135,969; Subsec. (g), Subsec. (h) added, Ord. No. 131,641; Subsec. (b), Ord. No. 138,460, Eff. 4-7-69; Subsecs. (a), (b), (c), Ord. No. 140,780, Eff. 7-31-70;
Subsec. (a), Subsec (i) added, Ord. No. 149,129, Eff. 12-30-76; Subpart 6. added, Ord. No. 150,680, Eff. 4-10-78, Oper. 1-1-78; Subsec. (a), Subdiv. 5., Ord. No. 165,482,
Eff. 2-1-90; Subsec. (d), Ord. No. 166,075, Eff. 7-20-90; Subsec. (b), last two sentences at end of second para., Ord. No. 170,794, Eff. 12-19-95;Subsec. (b), second para.
amended, Ord. No. 170,967, Eff. 3-27-96; Subsecs. (a), (b), (c), (d), and (e), Ord. No. 171,417, Eff. 12-28-96; Subsec. (b), Para. 2, Ord. No. 171,527, Eff. 2-26-97; Subsec.
(b) and (c), Ord. No. 171,780, Eff. 11-17-97, Oper. 1-1-97; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; Subsec. (b), third para. amended, Ord. No. 176,699, Eff. 6-10-05; In
Entirety, Ord. No. 181,781, Eff. 7-19-11.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date).
Sec. 4.126.2. Allowance for Leave for Pregnancy.
Every full-time and half-time employee in any Department of the City shall be entitled to use sick leave accrued pursuant to this section if that employee is
unable to work on account of her pregnancy, childbirth or related medical conditions.
SECTION HISTORY
Added by Ord. No. 152,274, Eff. 4-27-79, Oper. 4-29-79.
Amended by: In Entirety, Ord. No. 165,482, Eff. 2-1-90.
Sec. 4.127. Allowance for Leave for Illness in Family.
(a)
Any employee who is absent from work by reason of the illness or injury of a member of his/her immediate family and who has accrued sick leave at
full pay shall, upon approval of the appointing authority or the agent thereof designated to determine such matter, be allowed leave of absence with full pay for not
to exceed in the aggregate twelve working days in any one calendar year, provided such employee shall furnish a satisfactory doctor’s certificate or other suitable
and satisfactory proof showing the nature and extent of the injury or illness to justify such absence. “Immediate family” shall include the father, father-in-law,
mother, mother-in-law, brother, sister, spouse, child, foster child, grandparents, grandchildren, step-parents, step children of any employee of the City, the domestic
partner of an employee, a household member (any person residing in the immediate household of the employee at the time of the illness or injury), and the
following relatives of an employee’s domestic partner: child, grandchild, mother and father. Any non-represented employee who claims a domestic partner for
purposes of the provisions of this subsection shall complete a confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall
be signed by the City employee and the domestic partner, declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required
to secure family illness benefits arising from the illness or injury of a household member. By extending to an employee the specific benefits defined in this
subsection, the City does not intend to confer or to imply any other unspecified benefits to such employee, or to the employee’s domestic partner, or to the
employee’s household members, or to any other person.
(b)
Any non-represented employee shall be allowed leave of absence with full pay for up to an aggregate of twelve (12) working days in any one calendar
year for the provisions of (a) hereinabove, or for the purpose of adopting a child.
(c)
The aggregate number of days of absence for which pay may be allowed under this section shall be included in the number of days for which sick leave
with full pay is allowed under Section 4.126 of this Code.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 123,623; Ord. No. 137,896; Ord. No. 140,780, Eff. 7-31-70; Ord. No. 155,667, Eff. 7-31-81, Oper. 7-1-81; In Entirety, Ord. No. 165,312, Eff. 1-6-90, Oper.
12-4-89; Ord. No. 168,238, Eff. 10-17-92, Oper. 9-16-92: In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94;Subsec. (a), first sentence, Ord. No. 170,864, Eff. 1-2296, Oper. 1-22-96; Subsec. (a), Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97.
Sec. 4.127.1. Allowances for Leave because of Family Deaths.
(a)
Except as otherwise provided by Memorandum of Understanding and implemented by the City Council, in addition to all other sick leave allowed
under this article, any employee who is absent from work by reason of the death of a member of his/her immediate family shall, upon the approval of the appointing
authority or the agent thereof designated to determine such matters, be allowed leave of absence with full pay for a maximum of three working days for each
occurrence of a death in the employee’s immediate family. Such employee shall furnish a death certificate or other satisfactory proof of the death to justify the
absence. “Immediate family” shall include the father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparents, grandchildren, stepparents, step-children, foster parents, foster children, a domestic partner, any relative who resided in the employee’s household, a household member (any person
residing in the immediate household of the employee at the time of death), and the following relatives of an employee’s domestic partner: child, grandchild, mother,
father. For the purpose of this section, simultaneous, multiple family deaths will be considered as one occurrence.
(b)
Any non-represented employee who claims a domestic partner for purposes of the provisions of Subsection (a) hereinabove, shall complete a
confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner,
declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required to secure bereavement leave benefits arising from the
death of a household member (any person residing in the immediate household of the employee at the time of death). By extending to an employee the specific
benefits defined by this subsection, the City does not intend to confer or to imply any other unspecified benefits to such employee, or to the employee’s domestic
partner, or to the employee’s household member, or to any other person.
(c)
Intermittent employees, as defined by Section 4.110(b) of this Code, shall not be entitled to compensated leave because of family deaths.
(d)
In addition to the bereavement leave granted under this section, upon approval of the appointing authority, any employee who has accrued unused sick
leave at full pay shall be allowed sick leave with full pay not to exceed two working days per occurrence for the purpose of bereavement leave if it is necessary for
the employee to travel a minimum of 1,500 miles one way, as calculated by the Automobile Association of America (AAA). Employees requesting the use of sick
leave under this provision shall furnish satisfactory proof to the appointing authority of the distance traveled. Use of sick leave hours for bereavement leave shall
not be counted as sick leave in any department Sick Leave Use Monitoring Program.
(e)
Commencing July 1, 2012, non-represented employees shall be entitled to use the bereavement leave granted under this section up until 370 calendar
days from the date of the death of the qualifying immediate family member. Bereavement leave not used prior to 370 calendar days from the date of said death
shall be deemed waived and lost.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 137,896; Ord. No.140,780, Eff. 7-31-70; Ord. No. 153,343, Eff. 7-1-80, Oper. 7-1-80; Ord. No. 165,482, Eff. 2-1-90; Ord. No. 168,238, Eff. 10-17-92, Oper.
9-16-92; In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Subsec. (d), Ord. No. 175,048, Eff. 1-23-03; Subsec. (e) added, Ord. No. 182,210, Eff. 8-10-12.
Sec. 4.128. Method of Reporting Sick Leave.
All sick leave allowances under this article shall, for the purposes of payroll reporting, be charged in no less than one-half hour increments.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 123,283; Ord. No. 181,781, Eff. 7-19-11.
Sec. 4.129. Family and Medical Leave - Non-Represented Employees.
(a)
Authorization for Leave.
1.
Up to four (4) months (nine (9) pay periods) of family or medical leave shall be provided for the purpose of childbirth, adoption, foster care of a
child, or serious health condition of an immediate family member (as defined in Section 4.127), upon the request of the employee, or designation by
Management in accordance with applicable Federal or State law, notwithstanding any other provisions in the Los Angeles Administrative Code to the
contrary.
2.
An employee may take leave under the provisions of this section if he/she has a serious health condition that makes him/her unable to perform
the functions of his/her position.
3.
Leave under the provisions of this section shall be limited to four (4) months (nine (9) pay periods) during a twelve (12) month period,
regardless of the number of incidents. A 12- month period shall begin on the first day of leave for each individual taking such leave. The succeeding 12month period will begin the first day of leave taken under the provisions of this section after completion of the previous 12-month period.
Exception: Under the provisions of this section, a pregnant employee may be eligible for up to four months (nine pay periods) for childbirth
disability and up to an additional four months (nine pay periods) for purposes of bonding. See Subsection (d) of this section.
(b)
Definitions.
1.
Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in this State.
2.
Domestic partner means a named domestic partner in a confidential affidavit declaring the existence of said domestic partner and signed by the
City employee, which is on file in the Employee Benefits Office, Personnel Department.
3.
Parent means a biological, step, adoptive or foster parent, an individual who stands or stood in loco parentis to an employee, or a legal guardian.
This term does not include parents “in law.”
4.
Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward or child of a person standing in loco parentis, who is either
under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability.
5.
Persons who are in loco parentis include those with day-to-day responsibilities to care for or financially support a child; or in the case of a
parent of an employee, that person who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not
necessary.
(c)
Eligibility.
1.
The provisions of this section shall apply to all non-represented employees in all City departments who have been employed by the City for at
least 12 months and who have worked at least 1,040 hours during the 12 months immediately preceding the beginning of the leave.
Exception: In accordance with Pregnancy Disability Leave under the California Fair Employment Housing Act (FEHA), on the first day of
employment with the City, pregnant employees are eligible for up to four months (nine pay periods) of leave if disabled due to pregnancy.
2.
Parents (including those who are domestic partners) who both work for the City may take leave under the provisions of this section at the same
time to care for a new child by birth or adoption, or foster care of a child. However, the aggregate period of time to which both are entitled is limited to the
time allowed for only one employee.
Spouses or domestic partners who both work for the City may take leave under the provisions of this section at the same time to take care of a sick
parent. However, the aggregate period of time to which both are entitled is limited to the time allowed for only one employee.
Each employee must notify his/her employing department at the time the leave is requested of the name and department of the second family member
who is requesting leave for the same incident. Such notification must include the starting and ending dates of the time period for which each employee is
requesting leave.
The time limitations described above does not apply to leave taken by one spouse or one domestic partner to care for the other who is seriously ill, or to
care for a child with a serious health condition.
(d)
Conditions.
1.
Pregnancy – The start of a leave for a pregnant employee shall start at the beginning of the period of disability that a health care provider
certifies as necessary. Leave for the non-disability portion of childbirth may be taken before or after delivery.
In accordance with Pregnancy Disability Leave (PDL) under the California FEHA, pregnant employees who are disabled due to pregnancy, childbirth,
or related medical conditions are eligible for up to four months (nine pay periods) of leave with medical certification certifying the employee is unable to
work due to a pregnancy-related condition. PDL under the FEHA may be taken before or after the birth of a child, which shall run concurrently with
pregnancy leave under the federal Family and Medical Leave Act of 1993, and must be concluded within one year of the child's birth.
Employees (either parent) are also eligible for family leave (bonding) under the California Family Rights Act (CFRA), which shall be limited to four
months (nine pay periods) and must be concluded within one year of the child's birth or adoption. Whereas bonding leave for the pregnant employee may be
taken before or after delivery, bonding leave for the non-pregnant employee shall be taken on or after the anticipated delivery or placement date of the child,
except as may be necessary under Subsection (d)2. "Adoption". (The administration of this leave shall be in accordance with Subsections (c)2. and (d)7. of
this Section.)
2.
Adoption – The start of a family leave for adoption shall begin on a date reasonably close to the date the child is placed in the custody of the
employee. Leave for adoption or foster care of a child may also be granted prior to placement if an absence from work is required.
3.
Family Illness – The start of a family leave for a serious health condition of a family member shall begin on the date requested by the employee
or designated by Management.
4.
Employee’s Own Illness – The start of a leave for the employee’s own serious health condition shall begin on the date requested by the
employee or designated by Management.
5.
A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves any period of:
A.
Incapacity or treatment connected with in-patient care in a hospital, hospice, or residential medical care facility; or
B.
Incapacity requiring an absence of greater than three days involving continuing treatment by or under the supervision of a health care
provider; or
C.
Incapacity (or treatment therefrom) due to a chronic serious health condition; or
D.
Incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or
E.
Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for
a condition that likely would result in incapacity or more than three consecutive days if left untreated; or
F.
Any period of incapacity due to pregnancy or for prenatal care.
6.
Workers’ Compensation / IOD – An employee receiving Workers’ Compensation benefits (either IOD or the rate provided in Division IV of
the California Labor Code) who meets the eligibility requirements in Subdivision 1. of Subsection (c) of this section shall automatically be considered to be
on family and medical leave, effective the first day of the employee's absence.
7.
Continuous / Intermittent Leave – All leave granted under this section shall normally be for a continuous period of time for each incident. An
employee shall be permitted to take intermittent leave or work on a reduced schedule to take care of a family member with a serious health condition or for
his/her own serious health condition when it is medically necessary. Management may require the employee to transfer temporarily to an available
alternative position with equivalent compensation for which the employee is qualified that accommodates recurring periods of leave better than the
employee’s regular position. Employees who elect a part-time schedule shall receive prorated compensated time off benefits in accordance with Section
4.110 of this Code during the duration of their part-time schedule.
In accordance with the California Family Rights Act (CFRA), leave for the birth, adoption or foster care placement of a child of an employee
(“bonding” leave) does not have to be taken in one continuous period of time. Under CFRA, the basic minimum duration of bonding leave is two weeks,
and on any two occasions an employee is entitled to this bonding leave for a time period of not less than one day but less than two weeks’ duration. Any
other form of intermittent leave, or work on a reduced schedule, for the purpose of bonding leave shall only be permitted at the discretion of Management. Bonding leave must be concluded within one year of the birth or placement of the child.
8.
If any employee requires another leave for a separate incident under the provisions of this section during the same 12-month period, a new
request must be submitted.
9.
A personal leave beyond the four month (nine pay periods) of leave provided in this section may be requested, subject to the approval of the
appointing authority and, if required, the Personnel Department, as provided under other City leave provisions.
10.
Management has the right to request and verify the certification of a serious health condition by a health care provider for a leave under the
provisions of this section. Management shall allow the employee at least 15 calendar days to obtain the medical certification.
11.
(e)
Upon return from family or medical leave, an employee shall be returned to his/her original job or to an equivalent job.
Notice Requirements.
1.
Employee. When an employee requests family or medical leave, he/she must state the reason for the requested leave (e.g., childbirth, to care for
an immediate family member with a serious health condition, etc.). When the necessity for a leave is foreseeable, the employee must provide at least 30
days’ notice. However, if the leave must begin in less than 30 days, the employee must provide as much advance notice as is practicable.
2.
Management. In response to an employee's request for family or medical leave, Management shall indicate whether or not the employee is
eligible for such leave, if such leave will be counted against the employee's annual family or medical leave entitlement, and any requirement for the
employee to furnish medical certification. Management shall notify an employee if it designates leave, paid or unpaid, taken by an employee as family or
medical leave-qualifying, regardless of whether or not the employee initiates a request to take family or medical leave.
(f)
Applicable Time Off. Employees who are granted leave in accordance with this section shall take time off in the following order:
1.
Childbirth (Mother).
A.
Accrued sick leave (100% and 75%) or vacation for the entire period of disability that a health care provider certifies is necessary
(including prenatal care or the mother’s inability to work prior to the birth), may be taken at the employee’s discretion.
B.
For the non-disability portion of childbirth leave (before delivery or after (“bonding”)), accrued vacation available at the start of the leave
shall be used prior to the use of time under C., D., E. and F. below.
C.
Accrued 100% sick leave. The use of sick leave under this Subsection is at the employee’s discretion.
D.
Accrued 75% sick leave, following use of all 100% sick leave. The use of sick leave under this Subsection is at the employee’s
discretion.
E.
Unpaid leave.
F.
Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick
leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal
Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual
family and medical leave entitlement.
2.
Childbirth (includes father or domestic partner), Adoption, Foster Care, or Family Illness.
A.
Annual family illness sick leave up to twelve (12) days may be used at the employee’s discretion. Such leave may be taken before or
after the vacation described in B. below.
B.
Accrued vacation shall be taken. Such time must be used prior to the use of time under C., D., E. and F. below.
C.
Accrued 100% sick leave. The use of sick leave under this Subsection is at the employee’s discretion.
D.
Accrued 75% sick leave, following use of all 100% sick leave. The use of sick leave under this Subsection is at the employee’s
discretion.
E.
Unpaid leave.
F.
Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick
leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal
Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual
family and medical leave entitlement.
3.
Personal Medical Leave.
A.
below.
Accrued 100% sick leave may be used at the employee’s discretion. Such leave may be taken before or after the vacation described in C.
B.
Accrued 75% sick leave may be used following use of all 100% sick leave at the employee’s discretion. Such leave may be taken before
or after the vacation described in C. below.
C.
Accrued vacation time.
D.
Unpaid leave.
E.
Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick
leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal
Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual
family and medical leave entitlement.
(g)
Sick Leave Rate of Pay. Payment for sick leave usage under (f)1., 2., and 3. shall be at the regular accrued rate of 100% or 75% as appropriate.
(h)
Monitoring. Department management shall maintain such records as are required to monitor the usage of leave as defined in this section.
The provisions and administration of this section shall be in compliance with the Family and Medical Leave Act of 1993, the California Family Rights Act of
1993, and the Pregnancy Disability Leave provisions of the California Fair Employment and Housing Act.
SECTION HISTORY
Added by Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89.
Amended by: Ord. No. 167,428, Eff. 12-6-91, Oper. 12-1-91; In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; In
Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsecs. (a)3., (c)1., (d) and (e)2., Ord. No. 179,998, Eff. 7-11-08, Oper. 7-1-07; Subsecs. (b)5., (d)1., (d)5., (e)2., (f)1.F., (f)2.B.,
(f)2.F. and (f)3.E., Ord. No. 181,788, Eff. 7-19-11; Subsec. (b)5., Ord. No. 182,203, Eff. 8-10-12.
ARTICLE 11
ESTABLISHMENT OF NEW POSITIONS AND EMPLOYMENT OF PERSONNEL
Section
4.131
4.132
4.133
Requests for New Positions.
Authority to Fill Vacated Positions.
Employment of Personnel by Council Resolution, Subject to Veto Power of Mayor.
Sec. 4.131. Requests for New Positions.
(a)
Requests for creation of new or additional positions shall be directed in triplicate by the appointing authority to the City Council. Such requests shall
describe the position or positions desired, including the duties, responsibilities and pay range considered appropriate; and shall fully justify the necessity therefor.
(b)
Such request shall be filed with the City Clerk and shall thereupon automatically stand referred to the Personnel Committee of the City Council. Upon
such filing, the Clerk shall transmit the request to the Director of the Office of Administrative and Research Services and a copy thereof to the General Manager of
the Personnel Department. The Director of the Office of Administrative and Research Services shall make a report and recommendation thereon to the Personnel
Committee for the guidance of the Council, such recommendation to include, but not be limited to, the findings of the Director of the Office of Administrative and
Research Services as to the necessity for such position or positions. Whenever the report of the Director of the Office of Administrative and Research Services
recommends the creation of any new or additional position in the classified civil service, he shall transmit to the City Council concurrently with his report a report
from the General Manager of the Personnel Department to the City Council indicating what changes, if any, in the classification plan will be required and what
recommendations with reference thereto the said General Manager proposes to make to the Board of Civil Service Commissioners in case such recommended
position or positions are created.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 90,377; Subsec. (a), (b), Ord. No. 148,663, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 150,582, Eff. 3-24-78, Oper. 4-1-78; Subsec. (b), Ord. No. 164,741, Eff. 527-89, Oper. 7-1-89; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.132. Authority to Fill Vacated Positions.
No positions vacated by the retirement, death, resignation, discharge, transfer or any other means, of any person employed in any of the classifications enacted
by this Code, shall be filled unless specific authorization therefor is first granted by the City Council. All requests for such authorization shall be made directly to
the City Council.
The Board of Civil Service Commissioners shall not certify or approve the name of any successor to fill such vacancy nor shall the City Controller approve any
payroll which contains the name of any employee whose appointment does not conform to the provisions of this section.
The provisions of this section shall not apply to any officers of the City as defined by the Charter.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 96,925.
Sec. 4.133. Employment of Personnel by Council Resolution, Subject to Veto Power of Mayor.
Whenever requested by the appointing authority of any department, or upon its own motion, the Council by order or resolution may grant authority for:
(a)
The employment of personnel in cases where no department personnel authority exists provided that the class of position in which such
employment is to be made is contained in Schedule “A”; provided, however, that any such order or resolution may, by its terms be made to take effect at the
beginning of the next ensuing fiscal year from its adoption, but in no event shall such order or resolution be effective for any purpose beyond the end of this
said ensuing fiscal year.
(b)
The filling of any position in conformity with the provisions of any department personnel ordinance or any amendment thereto pending the
effective date of such ordinance or amendment, provided that such position is included in one of the classes of positions contained in Schedule “A”.
Such employment authorization shall, before it becomes effective, be presented to the Mayor for his approval for his signature if he approves it; if not, he shall
endorse thereon the date of presentation to him, and return it to the Council with his objections in writing. The Council, at its first meeting after the return of such
employment authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases require the votes of two-thirds of
the whole Council to pass such employment authorization over the veto of the Mayor. If any such employment authorization shall not be returned to the Council by
the Mayor with his objections in writing within ten (10) days after it shall have been presented to him, it shall become effective and be valid as if the Mayor had
approved and signed it.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 99,929.
ARTICLE 12
GENERAL PROVISIONS
Section
4.136
Regular Payrolls on Bi-weekly Basis.
Sec. 4.136. Regular Payrolls on Bi-Weekly Basis.
All salaries and wages herein provided shall be paid bi-weekly unless otherwise provided by ordinance; provided that employees who may be hired on
occasional or emergency work shall be entitled to receive their salaries or wages on the completion of the work for which they were hired.
The monthly equivalent of the bi-weekly rate shall be computed by dividing the biweekly rate by eighty (80) and multiplying the quotient thus obtained by one
hundred and seventy-four (174).
The bi-weekly rate for annual rates fixed in Schedule “A” of this Chapter shall be computed by dividing the prescribed annual rate by two thousand and eightyeight (2,088) and multiplying the quotient thus obtained by eighty (80).
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 107,434; Ord. No. 140,559, Eff. 6-19-70, Oper. 7-1-70; Ord. No. 140,865, Eff. 9-8-70.
Sec. 4.137. Declaration of Policy on Apprenticeship Training.
SECTION HISTORY
Based on Ord. No. 89,100.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 13
EMPLOYMENT OF CIVILIAN AMBULANCE EMPLOYEES BY THE FIRE DEPARTMENT
Sec. 4.138. Civilian Ambulance Employee Defined.
SECTION HISTORY
Amended by: Ord. No. 149,511, Eff. 4-15-77; Ord. No. 157,169, Eff. 10-19-82, Oper. 7-1-82.
Deleted by Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96.
Sec. 4.138.1. Regular Hours of Work.
SECTION HISTORY
Added by Ord. No. 144,472, Eff. 3-12-73.
Deleted by Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96.
Sec. 4.138.2. Overtime.
SECTION HISTORY
Added by Ord. No. 144,472, Eff. 3-12-73.
Amended by: 2nd Para., Subsec. (e) added by Ord. No. 151,925, Eff. 2-1-79; Subsec. (e), Ord. No. 153,218, Eff. 1-12-80.
Deleted by Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96.
CHAPTER 2.5
CLASSIFICATION AND SALARY STANDARDIZATION OF ATTORNEY PERSONNEL IN THE
OFFICE OF THE CITY ATTORNEY
Article
1
2
General Provisions
Classification and Compensation Plan
ARTICLE 1
GENERAL PROVISIONS
Sec. 4.139.1. Purpose of Plan.
SECTION HISTORY
Added by Ord. No. 147,758, Eff. 10-10-75.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.139.2. Designation of Deputies.
SECTION HISTORY
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 2
CLASSIFICATION AND COMPENSATION PLAN
Sec. 4.139.7. Establishment of Classes.
SECTION HISTORY
Added by Ord. No. 147,758, Eff. 10-10-75.
Amended by: Ord. No. 154,219, Eff. 7-25-80.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
CHAPTER 3
SALARY STANDARDIZATION FOR FIREFIGHTERS AND POLICEMEN
Article
1
2
3
4
5
6
7
8
9
Definitions
Reports on Proposed Amendment of Classification Plan
Official Copy of Class Specifications in Classification Plan
Classification and Compensation Plan for the Fire Department and Police Department
Hours of Work, Overtime
Vacations, Leaves
Certificate of Service
Board of Rights
General Provisions
ARTICLE 1
DEFINITIONS
Sec. 4.140. Definitions of Terms.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Subsec. (h), Ord. No. 117,873, Ord. No. 117873, Eff. 7-1-61; Subsec. (f), (h), (l), (m) and (n), Ord. No. 140,820, Eff. 8-21-70, Oper. 1-1-71; Subsecs. (f), (h), (i), (m),
(n), (o), repeals Ord. No. 140,820, Ord. No. 141,416, Eff. 12-20-70, Oper. 1-1-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.141. Definitions of Section Headings, Tenses, Gender, and Number References.
SECTION HISTORY
Based on Ord. No. 89,935.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.142. Adoption of Classification Plan.
SECTION HISTORY
Based on No. 89,935.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 2
REPORTS ON PROPOSED AMENDMENT OF CLASSIFICATION PLAN
Section
4.145
4.146
4.147
4.148
Responsibility of Board of Civil Service Commissioners.
Proposals to Change Allocation and Reallocation of Positions.
Reports of Necessity for Change in Existing Positions or for Additional Positions.
Amendment and Maintenance of Classification Plan.
Sec. 4.145. Responsibility of Board of Civil Service Commissioners.
(a)
Whenever one or more new positions are to be established, or whenever, because of any change in organization or method, a significant change in the
duties or responsibilities of any existing position is to be made which requires the amendment of the classification plan, such revision and amendment of the
classification plan shall be made in the manner as provided under Section 1003 of the Charter.
(b)
Whenever the appointing authority proposes that a new position be created or that a significant change be made in the duties and responsibilities of an
existing position, such appointing authority shall forthwith report the significant facts to the Board of Civil Service Commissioners in the manner prescribed by said
Board. Thereupon, the General Manager of the Personnel Department shall make a study of the duties and responsibilities of any such position and of the
qualifications required for filling the same, and of the relationship of such positions to other classes of positions in the classification plan, and shall report to said
Board of Civil Service Commissioners his recommendations involving any amendment or change in the classification plan. Said Board of Civil Service
Commissioners shall thereupon determine what changes, if any, in the classification plan will be required as a result of the proposal of such appointing authority,
either by changing the title of any existing class, or by establishing a new class, or by dividing, combining, altering, or abolishing any existing class in the
classification plan. Said Board of Civil Service Commissioners shall then transmit its findings and recommendations to the City Council and shall transmit a copy
thereof concurrently to the Director of the Office of Administrative and Research Services.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.146. Proposals to Change Allocation and Reallocation of Positions.
The General Manager of the Personnel Department, upon written request of any appointing authority or of any member, or upon his own initiative, after
consultation with the department concerned, may recommend the allocation of any existing position to a different class in the classification plan, either because of a
previous error in allocation, or because of a significant change in the duties and responsibilities, or because of the creation of a new class to which such position
may more appropriately be allocated, or because of the abolishment or combination of any existing positions, or may recommend any change in the existing classes,
necessary to maintain the classification plan in conformity with the provisions of Section 1003 of the Charter. The report and recommendation of said General
Manager shall be submitted for action to the Board of Civil Service Commissioners which shall hold a public hearing thereon and shall determine what
modifications or amendments, if any, should be made in the classification plan. Any meeting of said Board of Civil Service Commissioners shall constitute a public
hearing for the purpose of amendment of the classification plan. No modification or amendment of the classification plan will be made unless the appointing
authority of the department concerned is given opportunity to make such recommendations as he may deem warranted. A report setting forth any amendments or
modifications of the classification plan which the Board of Civil Service Commissioners proposes to make shall be transmitted to the City Council and a copy
thereof shall be transmitted concurrently to the Director of the Office of Administrative and Research Services.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.147. Reports of Necessity for Change in Existing Positions or for Additional Positions.
Upon receipt by the Director of the Office of Administrative and Research Services of a copy of the report from the Board of Civil Service Commissioners
pursuant to Sections 4.145 and 4.146 of this Code, he shall forthwith make such investigation as is required under the provisions of the Charter and shall transmit to
the City Council his report and recommendation on the necessity for any change in existing positions or for the addition of new positions in the department covered
in said report from the Board of Civil Service Commissioners.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.148. Amendment and Maintenance of Classification Plan.
(a)
The City Council, upon receipt of the reports and recommendations of the Board of Civil Service Commissioners and the Director of the Office of
Administrative and Research Services, shall first determine whether any new positions shall be created, whether the duties of any existing positions shall be
changed, whether any existing positions shall be eliminated, and whether any changes shall be made in salary schedules for any class or classes. After action by the
Council in respect to any of the foregoing matters, the Classification Plan will forthwith be amended by dividing, combining, altering, or abolishing any class, by
creating a new class, or by changing the title of any class in accordance with the action of the Board of Civil Service Commissioners, pursuant to Section 1003 of
the Charter; provided, that no new class will be established unless the duties and responsibilities of positions in such class are found to be substantially different
from the duties and responsibilities of any other existing class.
(b)
Any action leading to amendment of the Classification Plan may be initiated by the Council, the Board of Civil Service Commissioners, the Board or
the Chief Administrative Officer of the Fire Department or Police Department, or by any supervisory official or member of such department by written request to be
transmitted to the Board of Civil Service Commissioners.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 3
OFFICIAL COPY OF CLASS SPECIFICATIONS IN CLASSIFICATION PLAN
Section
4.151
4.152
4.153
4.154
Preparation and Maintenance.
Allocation and Reallocation of Positions to Classes.
Notifying Members of Official Allocation and Re-allocation of Positions.
Use of Class Titles of Positions.
Sec. 4.151. Preparation and Maintenance.
(a)
The General Manager of the Personnel Department shall prepare and maintain a written specification for each class of position in the Police Department
and Fire Department, and such class specifications, when approved and adopted by the Board of Civil Service Commissioners, shall constitute the official
specifications of classes in said departments. Such specifications shall be based on study of the duties and responsibilities of all positions set forth in this Code, and
after conferences with the appointing authorities, the principal supervisory officials, and the members concerned or their duly accredited representatives. Each class
specification shall set forth the title of the class, a general statement of duties, a statement of distinguishing features of the work, examples of duties of positions in a
class, a statement of qualifications necessary and desirable for efficient performance of the work, and such other pertinent information as the Board of Civil Service
Commissioners deems appropriate.
(b)
The General Manager of the Personnel Department is authorized to substitute for the “examples of duties of positions in a class” in each class
specification the detailed descriptions of the duties of the pay grade or pay grades in the class which are maintained by the Director of the Office of Administrative
and Research Services.
(c)
The official copy of the specifications for each class of positions shall be maintained in the office of the Board of Civil Service Commissioners, and
shall indicate the date of adoption or last revision or amendment of the specification for each class. The official copy of the specifications shall be open to inspection
by the members and the public under reasonable conditions at all times during business hours. Duplicates of the official copy of any class specification shall be
made available to the Council, to any appointing authority or members, and to persons seeking employment in the Fire Department or Police Department of the
City, or to any other person interested.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Subsecs. (b), (c), Ord. No. 140,820, Eff. 8-21-70, Oper. 1-1-71; Subsecs. (b), (c), repeals Ord. No. 140,820, Ord. No. 141,416, Eff. 12-30-70, Oper. 1-1-71; Ord. No.
173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.152. Allocation and Reallocation of Positions to Classes.
The allocation of all positions in the Fire Department and Police Department of the City of Los Angeles, as classified by the Board of Civil Service
Commissioners under specific classes in the Classification Plan, with appropriate class titles, and as listed in a schedule to be known as Schedule “C” are hereby
adopted. Schedule “C” shall be in the custody of the Board of Civil Service Commissioners and shall be currently maintained by the said Board of Civil Service
Commissioners in accordance with any amendments to the Classification Plan as provided under Section 4.148 of this Code and pursuant to the provisions of
Section 1003 of the Charter; provided that the Council and the appointing authority and any member of the department or his representative shall be permitted to
consult Schedule “C” during business hours at reasonable length under conditions prescribed by the Board of Civil Service Commissioners.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.153. Notifying Members of Official Allocation and Re-allocation of Positions.
The appointing authority of the Fire Department or Police Department of the City of Los Angeles shall notify any member in his department in writing of any
reallocation of the position he holds. Any member of the Fire Department or Police Department of the City of Los Angeles shall have the right at any time to
request the review of any alleged error, inequity, or inconsistency in the allocation or reallocation of his position. Such request shall be in writing and shall be
addressed to the appointing authority for transmission, with comments and recommendations, to the Board of Civil Service Commissioners. Upon receipt of any
such written request, the said Board of Civil Service Commissioners shall refer it to the General Manager of the Personnel Department, who shall forthwith make a
study of the duties and other factual information in the statement and shall submit his report and recommendation to the said Board of Civil Service Commissioners
for action in the manner set out under Section 4.146 of this Code. The Board of Civil Service Commissioners, at least five (5) days in advance of the public hearing
provided for in said Section 4.146, shall give to any member who submits such written request a notice in writing of the time and place of such hearing.
SECTION HISTORY
Based on Ord. No. 89,935.
Sec. 4.154. Use of Class Titles of Positions.
Pursuant to Section 1003 of the Charter, the title or the appropriate Code number of a class to which any position is allocated shall be used to designate the
position in making requests for appropriation of funds or personal services, in the budgets submitted to the Mayor and the Council, on all payrolls and all other
records and communications of the Board of Civil Service Commissioners, the Controller, the Treasurer, and all reports and payrolls providing for the payment of
personal services and dealing with recruitment, promotion, leaves of absence, and other personnel activities.
For purposes of internal administration, or for any other purpose not involving personnel processes covered by Charter Sections 1000 et seq. of the Charter the
Code designation for each class of position as set out in Section 4.158 of this chapter may be used where, in the judgment of the Board of Civil Service
Commissioners and the Controller, such action is necessary or desirable.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 4
CLASSIFICATION AND COMPENSATION PLAN FOR THE FIRE DEPARTMENT AND POLICE DEPARTMENT
Section
4.158
4.159
4.161
4.162
4.163
4.164
4.165
4.166
Adoption of Classification and Compensation Plans.
Salary Administration.
Longevity Pay.
Salary Adjustments on Amendment to the Compensation Plan.
Salary Rate Following Discharge, Resignation and Consolidation of Municipalities.
Applicable Salary Rate Following Return from Service in Armed Forces.
Service Rating System and Standards.
Temporary Police Officer Appointment Bonuses.
Sec. 4.157. Council Has Fixed Salaries.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 141,416, Eff. 12-30-70, Oper. 1-1-71; Ord. No. 147,607, Eff. 8-20-75, adds Table 1; Ord. No. 147,684, Eff. 9-17-75, amends Ord. No. 147,607 by adding
Effective date 7-1-75 for Table 1; Ord. No. 147,743, Eff. 10-2-75. Oper. 7-1-75, amends Schedules 25 and 26, Table 1; Table 1 amended by Ord. No. 148,592, Eff. 7-16-76,
Oper. 7-1-76; Ord. No. 148,953, Eff. 11-2-76, Oper. 7-4-76, amends Schedules 25 and 26, Table 1; Table 1, by Ord. No. 150,223, Eff. 11-8-77. Oper. 7-1-76; Table 1, by
Ord. No. 150,291, Eff. 11-8-77, Oper. 7-1-77; Table 1, by Ord. No. 150,425, Eff. 12-19-77, Oper. 7-1-77; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.158. Adoption of Classification and Compensation Plans.
(a)
The following classes of positions and pay grades thereof are hereby created in the Fire and Police Departments, and the code numbers, titles and
schedules as hereinafter set forth are hereby established for such classes of positions and pay grades thereof. The schedules refer to the ranges of salaries set forth
in Table 1 of this article. Each member of the Fire and Police Departments shall be entitled to receive the rate of compensation prescribed for the class in which the
member’s position is allocated and the pay grade which the member is assigned.
(b)
Police Department
SALARY CLASSIFICATION AND COMPENSATION SCHEDULE –
POLICE DEPARTMENT
Class Code
2214-1
2214-2
2214-3
2217
2223-1
2223-2
2223-3
2227-1
2227-2
2232-1
2232-2
2244-1
2244-2
2244-3
2251
2262-1
2262-2
2213-1
2213-2
2213-3
2225
2231
2243
2250
*
**
***
(c)
Class Title and Pay Grade
Police Officer I
Police Officer II
Police Officer III
Police Specialist
Police Detective I
Police Detective II
Police Detective III
Police Sergeant I
Police Sergeant II
Police Lieutenant I*
Police Lieutenant II*
Police Captain I**
Police Captain II**
Police Captain III
Police Commander***
Police Deputy Chief I
Police Deputy Chief II
Transit Police Officer I
Transit Police Officer II
Transit Police Officer III
Transit Police Sergeant
Transit Police Lieutenant
Transit Police Captain
Transit Police Commander
Salary Schedule
MOU(*24)
MOU(*24)
MOU(*24)
Section 4.158(f)
MOU(*24)
MOU(*24)
MOU(*24)
MOU(*24)
MOU(*24)
MOU(*24)
MOU(*24)
MOU(*25)
MOU(*25)
MOU(*25)
MOU(*25)
MOU(*25)
MOU(*25)
Section 4.158(g)(1)
Section 4.158(g)(1)
Section 4.158(g)(1)
Section 4.158(g)(2)
Section 4.158(g)(3)
Section 4.158(g)(4)
Section 4.158(g)(5)
These pay grades include the Class of Detective Lieutenant, Code 3506;
These pay grades include the class of Assistant Detective Captain, Class 3507;
This class includes the class of Inspector of Detectives, Code 3507 1/2
Fire Department
SALARY CLASSIFICATION AND COMPENSATION SCHEDULE –
FIRE DEPARTMENT
Class Code
2112-1
2112-2
2121
2131
2128-1
2128-2
2142-1
2142-2
5125
Class Title and Pay Grade
Firefighter I
Firefighter II
Apparatus Operator
Engineer of Fire Department
Fire Inspector I
Fire Inspector II
Fire Captain I
Fire Captain II
Fireboat Mate
Salary Schedule
MOU(*23)
MOU(*23)
MOU(*23)
MOU(*23)
MOU(*23)
MOU(*23)
MOU(*27)
MOU(*27)
MOU(*23)
5127
0007
Fireboat Pilot
Temporary Paramedic
(d)
MOU(*23)
173,588
Fire Department
SALARY CLASSIFICATION AND COMPENSATION SCHEDULE –
FIRE DEPARTMENT CHIEF OFFICERS
Class Code
2152
2166
2176
Class Title and Pay Grade
Fire Battalion Chief
Fire Assistant Chief
Fire Assistant Chief
Salary Schedule
MOU(*22)
MOU(*22)
MOU(*22)
Police Department
POLICE DEPARTMENT CHIEF OFFICERS
(Operative 7-1-83)
Code
2262-1
2262-2
Title
Police Deputy Chief I
Police Deputy Chief II
Salary Schedule
18 21
Salary Range No.
3228
3803
(Operative 1-1-84)
Code
2262-1
2262-2
Title
Police Deputy Chief I
Police Deputy Chief II
Salary Schedule
18
21
Salary Range No.
3303
3880
(Operative 7-1-84)
Code
2262-1
2262-2
Title
Police Deputy Chief I
Police Deputy Chief II
Salary Schedule
18
21
Salary Range No.
3469
4074
Note: The consecutive steps 1 through 5 of the salary ranges shown above shall be the consecutive steps 3 through 7 for the purposes of Section 4.159 of this
Code.
(e)
Salaries for classes of positions indicated as MOU (*) are fixed by separate ordinances implementing the various Memoranda of Understanding between
the City and recognized employee organizations. The Memoranda of Understanding for the representation units are set forth in the following index:
MOU(*22) Fire Chief Officers
MOU (* 23) Firefighters and Fire Captains
MOU(*24) Police Officers Lieutenant and Below
MOU(*25) Police Officers Captain and Above
(f)
Police Department
Police Specialist, Code 2217
Employees in the class of Police Specialist, Code 2217, shall receive the same salary, uniform field assignment incentive, if qualified, and all
benefits afforded to the class of Police Officer I, Code 2214-1 and Police Officer II, Code 2214-2, as contained in MOU No. 24.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 114,096; Subsec. (b), Ord. No. 132,519; Subsecs. (b), (c), Ord. No. 138,851, Eff. 7-1-69; Subsec. (b), Ord. No. 138,994, Eff. 7-14-69; Subsec. (j) added Ord.
No. 139,681, Eff. 12-9-69; Subsecs. (b), (c), Ord. No. 139,900, Eff. 2-3-70; Subsec. (b), Ord. No. 139,959, Eff. 3-2-70; Subsecs. (b), (c), Ord. No. 140,656, Eff. 7-2-70;
Subsec. (c), Ord. No. 140,686, Eff. 7-13-70; Subsec. (h), Ord. No. 140,689, Eff. 7-15-70; Subsecs. (a), (b), (c), (e), Ord. No. 140,820, Eff. 8-21-70, Oper. 1-1-71; Subsecs.
(a), (b), (c), repeals Ord. No. 140,820, Ord. No. 141,416 Eff. 12-30-70, Oper. 1-1-71; Subsec. (c), Ord. No. 142,615, Eff. 11-17-71; Subsec. (b), Ord. No. 144,877, Eff. 6-2573; Subsec. (c), (n), Ord. No. 144,895, Eff. 6-29-73; Subsec. (b), Ord. No. 144,895 Eff. 6-29-73; Oper. 7-1-73; Subsec. (c), (f), Ord. No. 144,920, Eff. 7-5-73; Subsec. (c),
adds Subsec. (d), Ord. No 146,380, Eff. 7-1-74, Oper. 7-1-74; Subsecs. (b), (d), Ord. No. 146,401, Eff. 7-31-74, Oper. 7-1-74; Subsec. (b) and (c), Ord. No 148,692, Eff. 716-76, Oper. 7-1-76; Subsec. (d) Police, Ord. No 152,230, Eff. 4-23-79, Oper. 7-1-78; Subsec. (b), (c), (d), adds (e), Ord. No 152,345, Eff. 5-16-79; Subsec. (d), Ord. No
152,543, Eff. 7-3-79, Oper. 7-1-79; Subsec. (d) Ord. No 154,343, Eff. 7-1-80, Oper. 7-1-80; Subsec. (d), Ord. No 155,677, Eff. 7-31-81, Oper. 7-1-81; Subsec. (d) Police
Dept., Ord. No 155,169, Eff. 10-19-82, Oper. 7-1-82; Subsec. (d), Police Dept., Ord. No 157,211, Eff. 11-2-82 Oper. 1-1-83; Subsec. (d), Police Dept., Ord. No 158,640, Eff.
1-24-84, Oper. 7-1-83 1-1-84, 7-1-84; Subsec. (b), Police Dept., Amended by Ord. No 162,062, Eff. 3-10-87, Oper. 7-1-85; Subsecs (a), (b) and adds (f), Ord. No. 169,092,
Eff. 10-19-93; Subsec. (f), Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94;MOU (*23) and MOU (*27) repealed, MOU(*23) added, Ord. No. 170,864, Eff. 1-22-96, Oper. 122-96; Subsecs. (b) and (g), Ord. No. 171,747, Eff. 10-9-97; Ord. No. 173,588, Eff. 11-6-00; Subsec. (g) repealed, Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.159. Salary Administration.
(a)
Salary upon Initial Appointment and Salary Progression. Initial appointment in the police or fire services shall be at the first step of Schedule 1
except as hereinafter provided.
(1)
Any person initially appointed to any position in the class of Firefighter or Police Officer, who has completed 60 semester units (or 90 quarter
units) of credit from an accredited college or university pertinent to the occupation involved, upon recommendation of the appointing authority and approval
of the General Manager of the Personnel Department, shall receive salary at the second step of the salary range for Schedule 1 in the appropriate MOU.
(2)
Any person initially appointed to any position in the class of Police Officer who has obtained a pertinent bachelor’s degree from an accredited
college or university, upon recommendation of the Chief of Police and approval of the General Manager of the Personnel Department, shall receive salary at
the third step of the salary range for Schedule 1 in MOU No. 24.
(3)
Any person initially appointed to any position in the classes of Firefighter or Police Officer, who has had acceptable service in the fire or police
department of another public agency, or who is reappointed to said classes and has had previous acceptable service as a member of the Police or Fire
Departments, shall receive a salary at a step rate of Schedule 1 determined in accordance with the foregoing paragraphs plus one step for each two years of
such service, but not higher than the fourth step of Schedule 1. In addition, any person initially appointed to any position in the class of Police Officer, who
has had active military service resulting in honorable discharge, shall receive a salary at a step rate of Schedule 1 determined in accordance with the
foregoing paragraphs plus one step for each two years of that service, but not higher than the fourth step of Schedule 1. To be acceptable, such service must
be approved by the General Manager of the Personnel Department.
(4)
Every Firefighter or Police Officer who completes six months or more service shall, at the beginning of the pay period immediately following
such completion, be advanced in pay to the next higher step in the range for Schedule 1. Thereafter advancements in salary shall be made automatically step
by step after each year of aggregate active service in the class and pay grade in which the member is employed to the maximum step rate within the salary
schedule prescribed for his/her class and pay grade, subject to the provisions of Subsection (e) of this section.
(5)
Except as provided in Subdivision (4) of this subsection, advancement in the salary rate of a member shall be made automatically after one year
of aggregate active service at each step rate until he/she receives salary at the maximum step rate within the salary schedule prescribed for his/her class and
pay grade, subject to the provisions of Subsections (e) and (f) of this section.
(6)
The salary upon initial appointment and salary progression for the class of Police Specialist shall be the same as Police Officer set forth above. In exceptional cases, upon request from the Chief of Police, the Director of the Office of Administrative and Research Services may approve advance step
hiring upon demonstrated need and qualifications of the individual.
(b)
Salary Advancement upon Promotion or Assignment to Higher Pay Grade. Any member of the Police or Fire Departments promoted to a higher
class or assigned to a higher pay grade within the class to which he/she was appointed shall be advanced to the lowest rate of the salary schedule for the higher
class or pay grade, or the rate of compensation next higher to that received by him/her prior to such promotion, whichever is the greater. If the member is entitled
to a step advance pursuant to Subdivision (5) of Subsection (a) of this section on the same day as such promotion or assignment, the step advancement shall be
considered to have occurred prior to such promotion or assignment. Provided, however, that if such person prior to promotion or assignment is receiving special or
hazard pay as provided in Subsection (g) of this section, his/her salary rate prior to promotion or assignment shall be deemed to be the rate which he/she would be
receiving in the absence of such salary premium.
(c)
Salary Rate upon Assignment to a Lower Job Class. Any member of the Police or Fire Departments reassigned to a lower pay grade within the
class of position to which he/she was appointed shall receive the same compensation received by him/her prior to such reassignment, or be compensated at the top
step of the schedule for the lowest pay grade, whichever is lower.
(d)
Salary Rate upon Lateral Transfer. Whenever any member of the Fire Department or Police Department is appointed to or displaces in a position in
the same department in a different class and pay grade having the same salary schedule he/she shall be entitled to receive in the position to which he/she is
appointed or in which he/she displaces, the same rate of compensation that he/she was receiving prior to such appointment or displacement less special hazard and
longevity pay, unless he/she is entitled to receive such pay by applicable provision of this article in his/her new position.
Any member in the class of Police Specialist who successfully completes 18 months of service in that class, shall then be moved into the class of Police Officer
under Charter Section 1014. Upon appointment to the class of Police Officer, such member shall be placed in the same step as occupied in the previous class.
(e)
Merit Pay Step in Schedules 1 through 10. Receipt of salary at the maximum or at the fifth step in Schedules 1 through 10 is a privilege to be
earned and retained on the basis of merit, and not a right. No member of the Fire Department or Police Department in a position compensated at Schedules 1
through 10 may receive salary at the fifth step [including advancement pursuant to Section 4.159 (a) (4)] until the Chief Administrative Officer of his department, or
the person designated by the officer, certifies to the Controller that the member has completed the required period of service in his class and further certifies either:
(1) that he finds the member’s standard of service to be satisfactory; or (2) that three departmental deputy chiefs, sitting as a board of review, finds his standard of
service to be satisfactory. Any such designation shall be made in writing to the Controller. A member being compensated at the fifth step shall receive an initial
salary increase on promotion or assignment to a higher pay grade without the necessity for further certification. If at any time the standard of service of a member
who is receiving salary at the fifth step is unsatisfactory as confirmed by three departmental deputy chiefs, sitting as a board of review, the Chief Administrative
Officer of his department may so certify to the Controller, and in that event the salary of such member shall revert from the fifth step to the fourth step and he shall
not again be advanced to the fifth step unless and until the Chief Administrative Officer certifies that, in his opinion, or in the opinion of three deputy chiefs, sitting
as a board of review, such member has achieved a satisfactory standard of service. Whenever the Chief Administrative Officer finds that a member’s standard of
service is unsatisfactory and for that reason the member is denied advancement to the fifth step, or is faced with reversion to the fourth step, such finding must be
confirmed by three departmental deputy chiefs, sitting as a board of review.
The Chief Administrative Officer of the department may, in his discretion and without concurrence of three departmental deputy chiefs, certify that a member’s
standard of service is satisfactory, but he may not certify that a member’s standard of service is unsatisfactory without the concurrence of the three departmental
deputy chiefs.
(f)
Merit Pay Steps in Schedules 11 through 24. Receipt of salary at the fifth, sixth, and seventh steps in Schedules 11 through 24 is a privilege to be
earned and retained on the basis of merit and not a right. No member of the Fire Department or Police Department in a position compensated at Schedules 11
through 24 may receive salary above the fourth step until the Chief Administrative Officer of his department certifies to the Controller that the member has
completed services at that level as ascertained by an approved evaluation procedure, and for that minimum period as is required by the following table:
TABLE 11
(Repealed by Ord. No. 174,415, Eff. 2-5-02)
(g)
Special Salary Provisions.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 132,519; Ord. No. 138,851, Eff. 7-1-69; Ord. No. 139,900, Eff. 2-3-70; Ord. No. 140,656, Eff. 7-30-70; Ord. No. 141,416, Eff. 12-30-70, Oper. 1-1-71;
Subsecs. (e), (f), Ord. No. 141,435, Eff. 1-7-71; Subsec. (g), Ord. No. 141,932, Eff. 5-10-71; Subsec. (g), Ord. No. 142,490, Eff. 10-15-71; Subsec. (g), Ord. No. 142,817,
Eff. 12-16-71; Subsec. (f), Ord. No. 142,860, Eff. 12-31-71; Subsec. (g), Ord. No. 143,380, Eff. 5-18-72; Subdiv. (3) added to Subsec. (g), Ord. No. 143,600, Eff. 6-29-72,
Oper. 7-1-72; Subsec. (g), Ord. No. 144,347 Eff. 2-12-73; Subsec. (g), Ord. No. 144,024, Eff. 10-26-72; Subsec. (g) amended by Ord. No. 145,182, Eff. 10-17-73; Subsec.
(g), amended by Ord. No. 145,779, Eff. 4-10-74; Subsec. (g) amended by Ord. No. 145,928, Eff. 5-13-74; Subsec. (g), Subdiv. (1), Part A and Part B amended by Ord. No.
147,611, Eff. 8-20-75; Subsec. (f) last para. Ord. No. 148,210, Eff. 4-9-76; Subsec. (g) Subdiv. (1), Part A, Subpart (f) added by Ord. No. 149,272, Eff. 2-4-77; Subsec. (e),
Ord. No. 153,943, Eff. 6-18-80; Subsec. (b) adds sentence, Ord. No. 155,363, Eff. 7-10-81, Oper. 1-1-80; Subsecs. (g)(2)B(d), (g)(2)B(e), Ord. No. 155,732, Eff. 9-14-81,
Oper. 7-1-79; Subsec. (a)(3), Ord. No. 155,930, Eff. 11-15-81; Subsec. (h), added, Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83; Subsec. (i), added, Ord. No. 159,659, Eff. 215-85, Subsecs. (a), (b), (c) and (d) by Ord. No. 169,092, Eff. 10-19-93; Subsec. (d), second para. added, Ord. No. 169,092, Eff. 10-19-93; Ord. No. 173,308, Eff. 6-30-00,
Oper. 7-1-00; Subsecs. (g)(2) to (g)(3)(i) repealed by Ord. No. 173,512, Eff. 9-26-00, Oper. 7-1-00; Subsec. (g)(1) repealed in entirety by Ord. No. 174,362, Eff. 12-13-01;
Subsecs. (b) and (f), Ord. No. 174,415, Eff. 2-5-02; Subsec. (a)(3), second sentence added, Ord. No. 178,552, Eff. 4-6-07.
Sec. 4.161. Longevity Pay.
Any member of the Fire Department or Police Department who is employed as a Policeman, Policewoman or Fireman, regardless of pay grade, shall be
eligible for longevity pay based upon the aggregate number of years he has served as a member of his department. For the purpose of computing such aggregate
service, any member shall be deemed to have been in the service of the Fire Department or Police Department during any period of disability retirement under
Charter Sections 1310, 1312, or 1412. Such longevity pay shall be made subject to the following conditions:
1.
Upon the certification to the Controller by the Chief Administrative Officer of the Fire Department or the Police Department that a member has
completed the prescribed number of aggregate years of service as a member of his department and that such member’s standard of service is satisfactory,
such member shall receive compensation in addition to the regular salary prescribed for his class and pay grade to be computed as follows:
(a)
Upon completion of ten and until the completion of 15 years of aggregate service, an amount equal to one-half step above the maximum
rate fixed in Section 4.158(b) for Policeman II, as calculated by the Director of the Office of Administrative and Research Services.
(b)
Upon completion of 15 and until completion of 20 years of aggregate service, an amount equal to one step above the maximum rate
fixed by Section 4.158(b) for Policeman II, as calculated by the Director of the Office of Administrative and Research Services.
(c)
After the completion of 20 years of aggregate service, an amount equal to one and one-half steps above the maximum rate fixed in
Section 4.158(b) for Policeman II, as calculated by the Director of the Office of Administrative and Research Services.
2.
It is the intent of the Council in enacting this section that the longevity pay herein provided for shall be construed and deemed to be a privilege
earned by merit and not a right, and it at any time any member’s service is unsatisfactory, the Chief Administrative Officer of the Fire Department or the
Police Department shall so certify to the Controller and upon such certification the payment of longevity pay for such member shall thereupon cease until
such time as the Chief Administrative Officer or his department again certifies that such member has achieved a satisfactory standard of service.
3.
No member of the Fire Department or the Police Department employed in any other class other than Policeman, Policewoman, or Fireman shall
be eligible to receive longevity pay.
4.
All longevity payments herein provided shall be effective at the beginning of the pay period following a member’s completion of the prescribed
number of years of aggregate service.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 108,494; Ord. No. 132,519; Subdivs. (a), (b), (c), Subsec. 1., Ord. No. 138,851, Eff. 7-1-69; Subdivs. (a), (b), (c), Subsec. 1., Ord. No. 139,900, Eff. 2-3-70;
Ord. No. 140,565, Eff. 6-30-70; Subdivs. (a), (b), (c), Subsec. 1, Ord. No. 140,656, Eff. 7-3-70; Ord. No. 140,820, Eff. 8-21-70, Oper. 1-1-71; Ord. No. 141,416 repeals Ord.
No. 140,820, Eff. 12-30-70, Eff. 1-1-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.162. Salary Adjustments on Amendment to the Compensation Plan.
Whenever the schedule prescribed for any class of positions, or for one of the pay grades thereof, is changed by the Council, the salary rates of incumbents in
such class of positions, or pay grades thereof, at the time of taking effect of the new schedule, shall be adjusted to the corresponding step in the range for said new
schedule, and such incumbents shall retain their respective anniversary dates; provided, however, that in the event any such incumbent who, immediately prior to the
time of taking effect of such new schedule was receiving compensation in his position at a rate higher than the corresponding rate of the salary range for the
schedule prescribed for the class or pay grade to which his position is allocated, said incumbent shall receive salary at the next higher rate in the applicable salary
range and if there is no higher rate in said range, he shall be continued at this existing rate and his position shall be designated in the departmental personnel
ordinance for the department in which he is employed by adding the letter “Y” to the Code number applicable to the class of positions filled by such employee.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Subsec. (a), Ord. No. 140,820, Eff. 8-21-70, Oper. 1-1-71; Subsec. (a), Ord. No. 140,820, repealed, Ord. No. 141,416 ,Eff. 12-30-70, Oper. 1-1-71.
Sec. 4.163. Salary Rate Following Discharge, Resignation and Consolidation of Municipalities.
(a)
Whenever any member of the Fire Department shall have resigned or shall have been discharged from the employ of his department and is thereafter
re-employed therein, he shall, upon re-employment, be considered as a new member, and shall receive the compensation fixed by Section 4.159 of this Code for
initial appointment, provided, however, that the provisions of this subsection with respect to re-employment after discharge shall not apply to a member who is
removed and thereafter reinstated pursuant to the provisions of Section 1060 or 1070 of the Charter.
(b)
Whenever, any person shall have entered the employ of the Fire Department or Police Department of the City of Los Angeles pursuant to the
provisions of Section 1021 of the Charter by reason of the consolidation of any municipality with said City, the classification of the position filled by such person
shall be determined by the Board of Civil Service Commissioners in the same manner as other positions are classified in accordance with the provisions of Section
1003 of the Charter, and such person shall be credited for the length of time he shall have served in the employ of such municipality in the position held at the time
of consolidation and shall be eligible to receive compensation on the basis of the length of service in such position in said municipality.
(c)
Whenever any former member of the Los Angeles Police Department who resigned in good standing at the Civil Service rank of Sergeant or Detective,
or any other Civil Service rank below Sergeant or Detective, and who returns to service after having passed all requirements to return to sworn service, shall be
placed at the following salary step:
LAST CIVIL
SERVICE CLASS
HELD
Police Officer II
Police Officer III and
III + I
Sergeant I and
Sergeant II
Detective I and
Detective II
SALARY
Any step of the range as determined by the Chief of Police,
but no lower than the step at time of his or her resignation.
Top step of Police Officer II
(Returns as Police Officer II).
Top step of Police Officer II
(Returns as Police II).
Top step of Police Officer II
(Returns as Police Officer II).
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 140,820, Eff. 8-21-70, Oper. 1-1-71; Ord. No. 141,416, Eff. 12-30-70, Oper. 1-1-71, repeals Ord. No. 140,820; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-100; Subsec. (a) amended, (c) added, Ord. No. 174,742, Eff. 8-9-02.
Sec. 4.164. Applicable Salary Rate Following Return From Service in Armed Forces.
All members whose compensation is conditioned upon aggregate time of service in his department, who left the service of the Fire Department or Police
Department to enter into active service in the armed forces of the United States, and all persons who, while on leave of absence from their respective department to
serve in the Women’s Army Auxiliary Corps, authorized and created by Act of Congress (Public Law 554, 77th Congress. Chapter 316, H.R. 6293, approved May
14, 1942) entered into active service in the armed forces of the United States, and return to active service in either of such departments, shall be entitled to receive
salary at the step rates to which such persons would have been eligible had they continued in active service in their respective department.
SECTION HISTORY
Based on Ord. No. 89,935.
Sec. 4.165. Service Rating System and Standards.
The Board of Civil Service Commissioners shall after consultation with the appointing authorities and other supervisory officials and members of the Fire
Department and Police Department, establish by rule a service rating system and standards of performance for each class of position in said departments, and shall
maintain records of performance and efficiency according to such service rating system based upon such standards. Such rules shall provide for a rating process and
shall also prescribe the extent to which such rating shall be open to inspection by the affected members and the appointing authorities. The standards of
performance so established as bases of service ratings shall have reference to the quality and quantity of work done, the manner in which the service is rendered, the
faithfulness of employees to their duties, and such other objective factors and characteristics as, in the opinion of the Board of Civil Service Commissioners, will
measure the value of the members to the said departments.
SECTION HISTORY
Based on Ord. No. 89,935.
Sec. 4.166. Temporary Police Officer Appointment Bonuses.
Subject to all of the conditions set forth in this section, and beginning on the Operative Date of this section, the Los Angeles Police Department is authorized to
provide a one-time bonus (Appointment Bonus) to eligible members of the Department. This bonus is not salary for pension purposes. Upon certification to the
Controller by the Chief Administrative Officer of the Los Angeles Police Department that the member meets the eligibility requirements, the bonus shall be made in
one or two payments as authorized below:
(a)
Payment upon completion of Police Officer Academy Training: Subject to the conditions listed in subsection (c) below,
1.
Any person initially appointed to any position in the class of Police Officer (Code 2214) who graduates from the Police Academy on or
after the operative date of this section, but no later than October 31, 2008, shall receive a lump sum payment of $2,500 upon graduation from the
Police Academy.
2.
Any person initially appointed to any position in the class of Police Specialist (Code 2217) who graduates from the Police Academy on or
after the Operative Date of this section, but no later than March 31, 2009, shall receive a lump sum payment of $5,000 upon graduation from the
Police Academy.
3.
Any former member of the Los Angeles Police Department who prior to October 1, 2007, resigned in good standing at or below the Civil
Service rank of Sergeant or Detective, and who in that prior service satisfactorily completed Academy training and probation, who returns to service
and who completes Police Academy training on or after the Operative Date of this section, but no later than March 31, 2009, and receives
compensation pursuant to Los Angeles Administrative Code Section 4.163, shall receive a lump sum payment of $5,000 upon completion of Police
Academy training.
(b)
Payment upon completion of probation: Subject to the conditions listed in Subsection (c) below,
1.
Any person initially appointed to any position in the class of Police Officer (Code 2214) who graduates from the Police Academy on or
after the operative date of this section, but no later than October 31, 2008, shall receive a lump sum payment of $2,500 upon completion of the
probationary period for the class and promotion and appointment to the classification of Police Officer II (2214-2).
2.
Any person initially appointed to any position in the class of Police Specialist (Code 2217) who graduates from the Police Academy on or
after the Operative Date of this section, but no later than March 31, 2009, shall receive a lump sum payment of $5,000 upon completion of the
probationary period for the class and promotion and appointment to the classification of Police Officer II (2214-2).
3.
Any former member of the Los Angeles Police Department who prior to October 1, 2007, resigned in good standing at or below the Civil
Service rank of Sergeant or Detective, and who in that prior service satisfactorily completed Academy training and probation, who returns to service
and who completes Police Academy training on or after the Operative Date of this section, but no later than March 31, 2009, and receives
compensation pursuant to Los Angeles Administrative Code Section 4.163, shall receive a lump sum payment of $5,000 upon completion of six
consecutive months of service with a minimum performance rating of "meets standards". The qualifying six months of consecutive service must be
completed within 24 months of completing Academy training and being assigned to a field position.
4.
Any person initially appointed to any position in the class of Police Officer (Code 2214) who graduates from the Police Academy prior to
the Operative Date of this section and whose probationary period for the class is completed with promotion and appointment to the classification of
Police Officer II (2214-2) on or after July 1, 2008, but no later than March 31, 2009, shall receive a lump sum payment of $5,000 upon completion of
the probationary period for the class and promotion to the classification of Police Officer II (2214-2), but shall receive no payment under subsection
(a) or paragraphs 1. through 3. of subsection (b) of this section.
5.
Any person initially appointed to any position in the class of Police Specialist (Code 2217) who graduates from the Police Academy prior
to the Operative Date of this section and whose probationary period for the class is completed with promotion and appointment to the classification
of Police Officer II (2214-2) on or after July 1, 2008, but no later than March 31, 2009, shall receive a lump sum payment of $10,000 upon
completion of the probationary period for the class and promotion to the classification of Police Officer II (2214-2), but shall receive no payment
under subsection (a) or paragraphs 1. through 3. of subsection (b) of this section.
6.
Any former member of the Los Angeles Police Department who: (i) prior to October 1, 2007, resigned in good standing at or below the
Civil Service rank of Sergeant or Detective and who in that prior service satisfactorily completed Academy training and probation, (ii) returns to
service and completes Police Academy training prior to the Operative Date of this section, (iii) receives compensation pursuant to Los Angeles
Administrative Code Section 4.163, and (iv) completes six consecutive months of service with a minimum performance rating of "meets standards"
on or after July 1, 2008, but within 24 months of completing Academy training and being assigned to a field position, but no later than March 31,
2009, shall receive a lump sum payment of $10,000 upon completion of those six consecutive months of service with a minimum performance rating
of "meets standards", but shall receive no payment under subsection (a) or paragraphs 1. through 3. of subsection (b) of this section.
(c)
Conditions for payment under this section:
1.
In addition to the requirements set forth in Subsections (a) and (b), above, the member must sign an agreement that indicates the
payment(s) shall be reimbursed pursuant to Subsection (d) of this section if the member leaves the Police Department voluntarily or involuntarily
before the end of 60 consecutive months from the date of graduating from the Police Academy.
2.
Eligibility for receipt of payments under this section is forfeited if, prior to meeting all eligibility requirements, the member voluntarily
terminates, is involuntarily terminated, or accepts a transfer or appointment to another classification in the City that is not eligible to receive
payments under this section.
3.
Paid or unpaid leaves of absence from work for a period of more than seven consecutive work days shall extend the time for eligibility for
the payment under subsection (b) of this section by the total number of days of leave.
4.
Under no circumstances shall any member receive more than one Appointment Bonus under the provisions of this section, nor shall any
member receive payment under the provisions of this section if he or she has received a similar bonus from any other City agency or department. Any member who receives a partial payment and has a break in service shall not be eligible for a second payment of the Appointment Bonus. For all
purposes under this section, a payment under subsection (a) and a payment under paragraphs 1. through 3. of subsection (b) shall constitute one
Appointment Bonus.
5.
Under no circumstances shall any member who is recalled or reactivated to active duty pursuant to Charter Section 1410(a) or (b), or Los
Angeles Administrative Code Sections 4.2200 or 4.2026(e) or (f) receive compensation under this section.
6.
Eligibility for, and the obligation to make, payments under Paragraphs 2. and 3. of Subsection (a) and Paragraphs 2. and 3. of Subsection
(b) is limited and is subject to the availability of funds budgeted for that express purpose.
(d)
Repayment of Appointment Bonus payments: The amount of the Appointment Bonus shall be repaid if the member leaves the Police
Department voluntarily or involuntarily before the end of 60 consecutive months after graduating from the Police Academy. The amount shall be repaid in
full if the member leaves within six months, and thereafter the amount to be repaid shall be prorated based on the number of full consecutive months of the
sixty completed prior to separation. The agreement signed pursuant to paragraph 1. of subsection (c) shall provide that repayments shall be recouped to the
extent possible from vacation payments due the member at the time of separation from the City. Any additional amount owed shall be repaid by the member
in a manner agreed to by the City and the member.
Notwithstanding the foregoing, the City Administrative Officer may waive this repayment provision for employees whose separations are unavoidable
due to extraordinary circumstances. (e)
The provisions of this section shall not become operative, and no obligations or rights to payments of Appointment Bonuses shall arise, prior to
the date on which the City Council accepts donations from private donors, individuals or entities, totaling at least One Million Dollars. That date shall be the
Operative Date of this section. If the condition contained in the first sentence of this subsection (e) is not satisfied by June 30, 2008, this section shall be
deemed repealed as of that date and shall have no force or effect.
SECTION HISTORY
Added by Ord. No. 179,342, Eff. 12-3-07.
Amended by: Subsecs. (a)1. and (b)1. amended and Subsec. (c)6. added, Ord. No. 179,869, Eff. 5-19-08.
ARTICLE 5
HOURS OF WORK, OVERTIME
Section
4.169
4.170
Overtime.
Premium Pay for Members Possessing Bilingual Skills.
Sec. 4.168. Regular Hours of Work.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Subsec. (c), Ord. No. 128,485; Subdiv. (1), Subsec. (a), Ord. No. 137,042; Subdiv. (2), Subsec. (u), Ord. No. 137,490; Subsec. (b), Ord. No. 137,490; Subsec. (a),
Subdiv. (1), adds second para., Ord. No. 140,487, Eff. 6-2-70; Subsec. (a), Subdiv. (1), first para., Ord. No. 140,780, Eff. 7-31-70; Subsec. (b), Subdiv. (1), adds third para.,
Ord. No. 144, 073, Eff. 11-10-72; Subsec. (b), Subdiv. (1), first para., Ord. No. 146,399, Eff. 7-31-74.
Repealed by Ord. No. 176,297, Eff. 12-2-04.
Sec. 4.169. Overtime.
(a)
(None)
(b)
(None)
(c)
(None)
(d)
(None)
(e)
(None)
(f)
(None)
(g)
Records of Overtime. Each department shall furnish the Controller a detailed record of overtime which is worked or compensated for in time off. The
record shall include the name of the employee, the class, the dates and hours of overtime worked and the dates and hours when overtime is taken off. The Controller
shall maintain for each department the balance of time remaining to be taken off.
(h)
Certificate of Authorization. The payroll upon which any payment for overtime is shown as provided herein shall be accompanied by a certificate
executed by the general manager wherein such overtime was worked, which certificate shall show the authority therefor and the fact that such overtime was ordered
in the best interest of the city.
(i)
Termination of Employment. Whenever an employee resigns, retires, or is discharged from the department in which he is employed he shall be paid
in cash for all overtime compensation due him.
(j)
Payment for Overtime on Death of an Employee. In case of death of an employee, who, at the time of his death, has overtime credits due him,
payment for such overtime credits shall be made in the same manner prescribed by Section 4.173 of this chapter.
(k)
Effect of Overtime for Pension Purposes. For the purposes of Sections 1300 et seq. and of Sections 1400 et seq. of the City Charter, a member’s
credit for overtime work shall be reduced:
1.
By any period of time off with pay which he shall have taken for any such overtime work; and
2.
By any period of time which the Board of Pension Commissioners, for any such overtime work for which he shall have received a cash
payment, shall have credited as part of his years of aggregate service pursuant to the provisions of Section 1326 of the City Charter or as part of his years of
service pursuant to the provisions of Section 1432 of the City Charter.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Subsec. (c), Ord. No. 135,557; Subsecs. (b) – (e), Ord. No. 137,042; Subsec. (a), first para., Ord. No. 138,460, Eff. 4-7-69; Subsecs. (a), (e), Ord. No. 140,820, Eff. 821-70, Oper. 1-1-71; Subsecs. (e), (g), Ord. No. 141,335, Eff. 12-17-70; Subsecs. (a), (e), repeals Ord. No. 140,820, Ord. No. 141,416, Eff. 12-30-70, Oper. 1-1-71; Subsec.
(e), Ord. No. 141,999, Eff. 5-7-71; Subsec. (e), Ord. No. 142,032, Eff. 6-21-71; Subsec. (c), Ord. No. 144,073, Eff. 11-10-72; Subsec. (f), second unnumbered para. added,
Ord. No. 151,927, Eff. 2-1-79; Subsec. (f), Ord. No. 153,219, Eff. 1-12-80; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsecs. (a) through (f) repealed, Ord. No.
176,297, Eff. 12-2-04.
Sec. 4.170. Premium Pay for Members Possessing Bilingual Skills.
(a)
Whenever the chief administrative officer of the Fire Department or the Police Department determines that it is necessary or desirable that a position be
filled by a person that is able to converse fluently in a language other than English, or speak, write and interpret a language other than English, he shall transmit to
the Controller a written statement approving payment of a bilingual premium as provided by this section, to the member occupying such a position and possessing
such bilingual skills.
(b)
After authorizing payment of a bilingual premium, the chief administrative officer of the Fire Department or the Police Department shall certify to the
Controller the name of any member eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the employee has qualified
under its standards of fluency and proficiency for said language.
(c)
Members employed in such positions and certified as being qualified by the Personnel Department shall receive as special pay a bilingual premium of 2
3/4 percent of their salary or wages for duties requiring that they converse fluently in a language other than English, or one salary schedule for duties requiring that
they interpret and write a language other than English, in addition to conversing fluently in that language.
(d)
After authorization for the payment of a bilingual premium has been obtained, the chief administrative officer of the Fire Department or Police
Department shall certify to the Controller the name of any member eligible for a bilingual premium and the Personnel Department shall certify to the Controller that
the member has qualified under its standards of fluency and proficiency for said language.
SECTION HISTORY
Added by Ord. No. 144,850, Eff. 4-4-73.
Amended by: Ord. No. 145,929, Eff. 5-14-74, Oper. 5-26-74; In Entirety, Ord. No. 155,161, Eff. 6-7-81; Subsec. (a), (b), (c), Ord. No. 158,612, Eff. 2-17-84; Ord. No. 173,308, Eff.
6-30-00, Oper. 7-1-00.
ARTICLE 6
VACATIONS, LEAVES
Section
4.174
4.175
4.176
4.176.1
4.177
Cash Payment – Certain Military Leaves.
Military Leave with Pay.
Allowance of Sick Leave with Pay for Illness or Injury Not Sustained in Course of Employment Accumulation.
Allowance for Leave for Pregnancy
Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties.
Sec. 4.172. Vacation Leave With Pay.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 106,560; Subsec. (d) added Ord. No. 138,460, Eff. 4-7-69; Subsec. (b), Ord. No. 140,689, Eff. 7-15-70; Subsec. (e), added, Ord. No. 141,335, Eff. 12-17-70;
Subsecs. (c) and (d), Ord. No. 143,444, Eff. 6-20-72; Subsecs. (a), (b), (e), (f), Ord. No. 146,826, Eff. 12-30-74; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.173. Cash Payment upon Separation.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 93,221; Ord. No. 143,444, Eff. 6-20-72.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.174. Cash Payment – Certain Military Leaves.
In the event any member of the Fire Department or Police Department after the completion of his initial year of service, is granted a military leave under the
provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but
unused vacation, including vacation time accrued during the proportionate part of the year in which such leave is granted, may be made to such member at the
salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such member shall furnish to his appointing
authority two (2) certified copies of his orders, one to be filed in the department in which he is employed and the other with the Controller, or in lieu thereof, he
shall furnish to such appointing authority upon forms provided by the Controller certified evidence of his entry into active service in the armed forces of the United
States and the date thereof; provided, however, that presentation of the proof required under Section 4.175 may be deemed proof under this section for the same
military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any
time to require such additional evidence as is satisfactory to him of the entry of such member into active service in such armed forces.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 100,537.
Sec. 4.175. Military Leave with Pay.
(a)
Every member of the Fire Department or Police Department who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant
to the provisions of the Military and Veterans Code of the State of California shall, before he is paid his salary or compensation during such leave, or any part
thereof, as provided in said Code, furnish to his appointing authority two (2) certified copies of his orders, and one (1) copy to be filed in the department in which
he is employed and the other with the Controller, or in lieu hereof, he shall furnish to such appointing authority upon form provided by the Controller certified
evidence of his entry into active service of the armed forces of the United States and the date thereof. Any certification required by this section may be made by any
commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of
such member into active service in such armed forces and of the actual performance by him of ordered military duty during all or any part of such leave.
(b)
In determining whether a member has been in the service of the City for a period of not less than one year immediately prior to the date on which the
absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required; provided, however, that service in any department having
control of its own funds shall be counted in making such determination.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by Ord. No. 100,637.
Sec. 4.176. Allowance of Sick Leave with Pay for Illness or Injury not Sustained in Course of Employment Accumulation.
(a)
Every member of the Fire Department or Police Department shall be entitled to sick leave with full pay as herein provided if he is compelled to be
absent from his work on account of any illness or injury other than that caused by or arising from his own moral turpitude, or sustained in the course of or arising
out of and proximately caused by his duties as a city employee. Such sick leave shall be allowed as follows:
Commencing December 27, 1970, during the calendar in which he is appointed and during such subsequent calendar year, he shall be allowed not to
exceed 12 working days’ leave at full pay, five working days at 75% of full pay, and five working days at 50% of full pay, plus the days of sick leave
accrued and accumulated in the manner set forth hereinbelow. As used in this section and in Section 4.178 of this Code, the term “calendar year” shall
mean the period commencing on the first day of the payroll period during which January 1st occurs and ending on the day immediately preceding the first
day of the payroll period during which the next succeeding January 1st occurs.
The allowance of sick leave in this section provided for shall accrue and accumulate in the manner specified herein while the member is absent on military
leave.
(b)
Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next
to a maximum of 100 working days, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which if added to a
member’s accumulated sick leave at full pay, will exceed 100 working days, shall, as soon as practicable after the end of each calendar year be compensated for by
cash payment of 50% of the salary rate current at the date of payment.
If a member of the Fire Department retires from the service of the City or, if a member of the Fire Department who is eligible to retire on or after July 1, 1996
dies prior to retirement, any balance of accumulated sick leave at full pay remaining unused at the time of retirement or death shall be compensated to the member
or, in the event of the death of the member, to his/her legal beneficiaries, by cash payment of 50% of the member’s salary rate on the date of retirement or death.
The City Council may, by resolution, authorize cash payment to the legal beneficiaries of any member of the Fire Department, who on or after January 1, 1990, is
killed during the performance of job- related duties, for the balance of the member’s accumulated full-pay sick leave at 100% of the member’s salary rate on the
date of his/her death. In no instance shall a member or his/her beneficiaries be compensated more than once for accumulated sick leave upon retirement and/or death
of the member.
If a member of the Police Department becomes separated from the service of his department by reasons of retirement or death, any balance of accumulated sick
leave at full pay remaining unused at the time of separation shall be compensated to the member or in the event of separation due to the death of the member, to his
estate, by cash payment of 50% of the employee’s salary rate current at such date of separation. In no instance will an employee or his estate be compensated more
than once for accumulated full pay sick leave upon retirement or upon the death of the member. The City Council may, by resolution, authorize cash payment to the
legal beneficiaries of a member of the Police Department who, on or after January 1, 1990, suffered or suffers a duty-related death, for the balance of the member’s
accumulated full-pay sick leave at 100% of the member’s salary rate on the date of his/her death. In no instance shall a member or his/her beneficiaries be
compensated more than once for accumulated sick leave upon retirement, death, or death in the performance of duties of the member.
If a member becomes separated from the service of either the Fire Department or the Police Department by reason of resignation and is thereafter employed by
either department within seven days after the effective date of said resignation, the unused balance of all sick leave, accrued and accumulated in the department
from which the member resigned, as of the effective date of such resignation, shall be restored.
If a member of the Fire Department or Police Department was, within seven days prior to becoming a member, an employee of any department of the City,
including an employee member of the Fire Department or Police Department, the unused balance of all sick leave accrued and accumulated in the department from
which the member resigned, as of the effective date of such resignation, shall be restored.
(c)
Any unused balance of sick leave at 75% of full pay at the end of any calendar year and any unused balance of sick leave at 50% of full pay at the end
of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days at 75% pay and 100 working
days at 50% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost.
(d)
In all cases where such member is compelled to be absent from duty on account of such illness or injury, he shall report the same as soon as practicable
to his appointing authority, and to the Medical Services Division of the Personnel Department. The appointing authority of a member receiving any benefits under
this section may, in his discretion and at such time as he deems necessary, require such member to be examined by the Medical Services Division of the Personnel
Department, which shall report its findings to said appointing authority.
(e)
Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of eight hours in any one
calendar year, but not less than one hour at any one time, which shall be included in the allowance of sick leave at full pay under this section for the purpose of
securing preventative medical, dental, optical or other like treatment or examination.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 137,490; Ord. No. 138,460, Eff. 4-7-69; Ord. No. 139,809, Eff. 12-23-69; Subsecs. (a) – (e), repeals (f), Ord. No. 140,780, Eff. 7-31-70; Subsec. (b), Ord. No.
143,444, Eff. 6-20-72; Subsec. (b), Ord. No. 145,773, Eff. 4-10-74; Subsec. (b), Ord. No. 146,400, Eff. 7-31-74; Subsec. (b), sentences at end of second and third paras., Ord.
No. 170,794, Eff. 12-19-95; Subsec. (b), second and third para., Ord. No. 170,967, Eff. 3-27-96; Subsec. (b), Para. 2, Ord. No. 171,527, Eff. 2-26-97.
Sec. 4.176.1. Allowance for Leave for Pregnancy
Every member of the Fire Department or Police Department shall be entitled to use sick leave accrued pursuant to this article if that member is unable to work
on account of her pregnancy, childbirth or related medical conditions.
SECTION HISTORY
Added by Ord. No. 152,274, Eff. 4-27-79, Oper. 4-29-79.
Sec. 4.177. Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties.
(a)
Any member of the Fire Department or Police Department who is temporarily disabled by reason of illness or injury proximately caused by, arising out
of, and in the course and scope of his employment, shall receive as temporary disability compensation (Division IV of the Labor Code of the State of California) an
amount equal to his base salary less the sum that would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514, or
1614, as applicable, if he were actively performing his duties. Provided, however, that in no event shall any member of the Fire Department or Police Department
receive any temporary disability compensation pursuant to this subsection after he has been granted a pension, or for a period longer than one (1) year. In the event
that the member is temporarily disabled and prevented by such temporary disability from returning to duty at the expiration of one (1) year, and said member has
not been granted a pension prior to that time, he shall then receive temporary disability compensation at the rate provided in Division IV of the Labor Code of the
State of California.
(b)
Any member of the Fire Department or Police Department who is disabled by reason of illness or injury proximately caused by, arising out of, and in
the course and scope of his employment, and a physician designated by the Personnel Department has certified that the member is permanently disabled and that the
member is not fit by reason of the disability for any type of available duty, he shall receive as disability compensation (Division IV of the Labor Code of the State
of California) an amount equal to his base salary less the sum, which would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections
1324, 1420, 1514 or 1614, as applicable, if he were actively performing his duties. Provided, however, that in no event shall any member of the Fire Department or
Police Department receive any disability compensation pursuant to this subsection after he has been granted a pension nor shall any member receive any temporary
disability compensation pursuant to Subsection (a) of this section plus disability compensation pursuant to this subsection or any combination thereof for a period
longer than one (1) year. Further provided, that no disability compensation shall be paid pursuant to this subsection unless a written application for a disability
pension is filed with the Department of Pensions as soon as practicable after the Fire Department or Police Department is notified that the condition of the disabled
member has been declared permanent and stationary.
(c)
All issues and conflicts, including issuance of medical fact, which may arise by the application of this section, shall be resolved by the General
Manager of the Personnel Department.
(d)
The employing department shall make the initial determination as to proximate cause of injury or illness, worker’s compensation benefits shall be
administered in accordance with the provisions of Division IV of the Labor Code by the General Manager of the Personnel Department, any dispute concerning the
proximate cause of injury or illness shall be resolved in accordance with the advice of the City Attorney. The benefits of this section shall be administered in
accordance with decisions of the Worker’s Compensation Appeals Board.
(e)
Upon the operative date of this Subsection, employees in the classification of Chief Paramedic, Code 2300, shall be considered members of the Fire
Department eligible for the benefits provided under this section.
SECTION HISTORY
Based on ord. No. 89,935.
Amended by: Ord. No. 99,770; Ord. No. 138,534, Eff. 4-25-69; Ord. No. 140,848, Eff. 8-31-70; Subsec. (e) repealed, Ord. No. 147,646, Eff. 9-11-75; In Entirety, Ord. No. 158,352,
Eff. 9-23-83, Oper. 1-28-80; Subsec. (e) added, Ord No. 168,262, Eff. 10-5-92, Oper. 10-18-92; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; First Sentence of Subsec. (a)
and First Sentence of Subsec. (b), Ord. No. 179,186, Eff. 9-25-07.
Sec. 4.178. Allowance of Leave with Pay for Illness in Family.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 140,780, Eff. 7-31-70.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.179. Allowances for Leave Because of Family Deaths.
SECTION HISTORY
Added by Ord. No. 140,780, Eff. 7-31-70.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 7
CERTIFICATE OF SERVICE
Sec. 4.181. Definition of “Member”.
SECTION HISTORY
Based on Ord. No. 67,778.
Amended by: Ord. No. 95,021.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.182. Issuance of Certificate.
SECTION HISTORY
Based on Ord. No. 67,778.
Amended by: Ord. No. 95,021; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.183. Computation of Service.
SECTION HISTORY
Based on Ord. No. 67,778.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 8
BOARD OF RIGHTS
Sec. 4.186. Fire and Police Department.
SECTION HISTORY
Based on Charter, Secs. 135 and 202.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 9
GENERAL PROVISIONS
Section
4.189
Employment of Personnel by Council Resolution Subject to Veto Power of Mayor.
Sec. 4.189. Employment of Personnel by Council Resolution Subject to Veto Power of Mayor.
Whenever requested by the appointing authority of the Fire Department or Police Department, the Council, by order or resolution, may grant authority for:
(a)
The employment of personnel in cases where no department personnel authority exists provided that the class of position in which such
employment is to be made is contained in Section 4.158 of this chapter, provided, however that any such order or resolution may, by its terms be made to
take effect at the beginning of the next ensuing fiscal year from its adoption, but in no event shall such order or resolution be effective for any purpose
beyond the end of this said ensuing fiscal year.
(b)
The filling of any position in conformity with the provisions of any department personnel ordinance or any amendment thereto pending the
effective date of such ordinance or amendment, provided that such position is included in one of the classes of positions contained in Section 4.158 of this
chapter.
Such employment authorization shall, before it becomes effective, be presented to the Mayor for his approval and for his signature if he approves it; if not, he
shall endorse thereon the date of presentation to him and shall return it to the Council with his objections in writing. The Council, at its first meeting after the return
of such employment authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases require the votes of twothirds (2/3rds) of the whole Council to pass such employment authorization over the veto of the Mayor. If any such employment authorization shall not be returned
to the Council by the Mayor with his objections in writing within ten (10) days after it shall have been presented to him, it shall become effective and be valid, as if
the Mayor had approved and signed it.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Subsec. (a), Ord. No. 105,931.
Sec. 4.190. Regular Payrolls on Bi-Weekly Basis.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 137,490.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.191. Applicability of Chapter.
SECTION HISTORY
Based on Ord. No. 89,935.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 10
(Former Art. 10, Ch. 3, Div. 4, Renumbered and Relocated Ch. 11.5, Art. 10, Div. 4,
by Ord. No. 154,536, Eff. 11-30-80.)
CHAPTER 4
PAYROLL AND REIMBURSEMENTS*
*Titles of Chapter 4 and Article 1 amended by Ord. No. 141,335, Eff. 12-17-70.
Article
1
2
3
4
5
6
7
8
Preparation, Certification and Approval of Payroll Reimbursements
Voluntary Payroll Deductions in General
Deductions for U.S. Savings Bonds
Execution of Judgment
Deductions for Employee Parking Fees
Deductions for Child and Spousal Support
Deductions for Vanpool Fares
Deductions for Golden State ScholarShare College Savings Trust
ARTICLE 1
PREPARATION, CERTIFICATION AND APPROVAL OF PAYROLL REIMBURSEMENTS*
*Titles of Chapter 4 and Article 1 amended by Ord. No. 141,335, Eff. 12-17-70.
Section
4.196
4.197
4.198
4.200
Procedure for the Preparation of Payroll and Reimbursements.
True Copy to Be Filed with Treasurer.
Preparation of Checks.
Non-applicability of Article.
Sec. 4.194. Certification of Payroll.
SECTION HISTORY
Based on 1925 Charter, Sec. 120.
Amended by: Ord. No. 141,335, Eff. 12-17-70.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.195. Forms to Be Prescribed.
SECTION HISTORY
Based on Ord. No. 88,707.
Amended by: Ord. No. 141,336, Eff. 1-17-71.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.196. Procedure for the Preparation of Payroll and Reimbursements.
The procedure for the preparation, certification, authentication and approval of such pay and reimbursement rolls shall be as follows:
(a)
After the end of each pay period the Controller shall furnish to each department, office or bureau payroll and reimbursement work sheets upon
which shall be indicated, as shown on existing records on file in the Controller’s office, the names and employee numbers of all persons employed or
authorized to be reimbursed in such department, office or bureau, the respective codes or positions under which such persons are employed, and the salary or
wage rates of each employee specified thereon, together with other designations, symbols or notations, required by law or as may be required by the
Controller.
(b)
The officer or employee authorized by the charter to expend the funds of a department, office or bureau shall cause to be made on such work
sheets any changes or adjustments necessary for current payroll and reimbursement purposes, and after such changes or adjustments, if any, are made, such
officer or employee shall certify to the accuracy of such work sheets; provided, however, that such officer or employee may by written designation, authorize
an employee in the same department, office or bureau to make such certification, in which event a notice thereof giving the name and signature of the
employee so designated and authorized, shall be filed with the Controller. The work sheets so certified shall be returned to the Controller for his verification
and auditing.
(c)
From such work sheets so certified, as hereinbefore provided, final pay and reimbursement rolls shall be prepared in the office of the Controller
extending the amount of earnings and entering thereon all mandatory and other authorized deductions and reimbursement amounts for each person whose
name appears thereon. The Controller will show on a certification and approval form the amounts to be charged for payroll and reimbursements to the
departmental funds and accounts.
(d)
Thereafter such pay and reimbursement rolls shall be submitted to the respective departments, offices or bureaus for official certification,
authentication and approval in the manner and by the persons, as provided for in the charter or other provisions of law. The officer or employee authorized
by the charter or other provisions of law to expend the funds of any department, office, or bureau shall authorize the transfer of such funds to the General
Payroll and Reimbursement Fund in an amount not to exceed that shown on the certification and approval form in Section 4.196(c).
(e)
Each such pay and reimbursement roll so certified, authenticated and approved shall be returned to the Controller who shall submit the same to
the Board of Civil Service Commissioners for its certification, pursuant to Charter Section 1020, and upon such certification by said Board, each such payroll
shall be filed with the Controller who shall audit, certify and approve the same in the manner provided by the charter.
SECTION HISTORY
Based on Ord. No. 88,707.
Amended by: Ord. No. 107,432; Ord. No. 141,335, Eff. 1-17-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.197. True Copy to Be Filed with Treasurer.
The Controller, prior to the issuance of any check supported by the payroll and reimbursement demand approved by him, shall place on file with the office of
the Treasurer a properly authenticated Internal Transfer Voucher stating the amounts charged to the respective departmental funds and accounts and credited to the
“General Payroll and Reimbursement Fund.” The Controller shall certify that there are on file in his office properly authenticated documents authorizing him to
transfer the amounts shown on the Internal Transfer Voucher. The payroll and reimbursement demand number shall be shown on the Internal Transfer Voucher.
SECTION HISTORY
Based on Ord. No. 88,707.
Amended by: Ord. No. 92,471; Ord. No. 141,335, Eff. 1-17-71.
Sec. 4.198. Preparation of Checks.
A check for the amount due each person as well as checks representing mandatory deductions and other deductions authorized by officers and employees, as
shown and entered on such pay and reimbursement rolls, together with a statement showing the earnings and itemized deductions and reimbursements, which
statement shall accompany each individual pay check, shall be prepared in the office of the Controller who shall endorse his approval on all checks supported by the
payroll and reimbursement demand.
SECTION HISTORY
Based on Ord. No. 88,707.
Amended by: Ord. No. 141,335, Eff. 1-17-71.
Sec. 4.200. Non-Applicability of Article.
The provisions of this article shall not apply to the Department of Water and Power.
SECTION HISTORY
Based on Ord. No. 88,707.
Amended by: Ord. No. 141,335, Eff. 1-17-71.
ARTICLE 2
VOLUNTARY PAYROLL DEDUCTIONS IN GENERAL
Section
4.203
4.203.1
4.204
4.206
Authorization for Certain Deductions.
Deductions for Charitable Contributions.
Organizations’ Authorization to the Controller to Make Deductions.
Effect of Payment.
Sec. 4.203. Authorization for Certain Deductions.
(a)
It is hereby found and determined that the hereinafter named organizations include in their membership or plans of insurance either City employees
and/or annuitants. The term “annuitants” is hereby defined for purposes of Articles 2 and 3 hereof as a person receiving a pension pursuant to Part 3 of Article XI
or is a former System Member under the provisions of Part 1 or Article XI of said charter and that all of said organizations perform services either conducive to
the betterment of working conditions of City employees, or to the benefit of retired City employees and their survivors and, as such are calculated to promote
greater efficiency in City service. Said organizations shall be included in one of the following three general categories:
(1)
recognized employee organizations which are bargaining representatives under current Memorandum of Understanding agreements with the
City covering wages, hours and other terms and conditions of employment;
(2)
other organizations with a minimum membership of 250 active or retired City employees having at least 100 active or retired City employees
maintaining enrollment in payroll dues deduction; and
(3)
nonprofit umbrella charitable organizations approved by the Police Department and serving local charities or organizations providing human,
health or educational services.
Subject to any limitations contained in any memorandum of understanding or ordinance implementing a memorandum of understanding, any employee or
annuitant may authorize the payment by deduction of premiums, fees, dues, assessments or contributions to any or all of the following organizations, provided
however, that nothing in this section shall affect the selection of voluntary deductions by active or retired members or annuitants of the Department of Water and
Power.
Deductions previously taken by the Controller from allowances by annuitants who are receiving a pension pursuant to Tiers 1 or 2 of Part 3 of Article XI as
well as those who were former System Members of Part 1 of Article XI thereof, are hereby ratified and are deemed to be in full force and effect.
Recognized Employee Organizations (Unions)
(1)
All City Employees Association, Local 3090, AFSCME, AFL-CIO
(2)
American Federation of State, County & Municipal Employees, Local 901 AFL-CIO
(3)
American Federation of State, County & Municipal Employees, AFL-CIO, Local 2626
(4)
California Teamsters Public, Professional and Medical Employees Union, Local 911
(5)
Engineers and Architects Association
(6)
International Organization of Masters, Mates & Pilots
(7)
International Union Operating Engineers, Local Union 501, AFL-CIO
(8)
Los Angeles Airport Peace Officers’ Association
(9)
Los Angeles City Attorneys Association
(10)
Los Angeles City Employees Union Local 347, AFL-CIO
(11)
Los Angeles City Fire Department Chief Officers Association
(12)
Los Angeles City Professional Medical Employees ACEA, Local 2006, AFSCME
(13)
Los Angeles City Supervisors & Superintendents Association, Laborers' International Union of North America, Local 777, AFL-CIO and/or its
Political Action Committee (PAC)
(14)
Los Angeles County Building and Construction Trades Council
(15)
Los Angeles Police Command Officers Association
(16)
Los Angeles Police Protective League
(17)
Los Angeles Port Police Association
(18)
Los Angeles Professional Managers’ Unit
(19)
Municipal Construction Inspectors Association, Inc., (MCIA)
(20)
United Firefighters of Los Angeles City, Local 112, IAFF, AFL-CIO
Non-Union Employee Organizations
(1)
All City Employees Benefits Service Association
(2)
American Legion Post 381
(3)
Los Angeles City Employees Association
(4)
Los Angeles Paramedics Relief Association
(5)
Los Angeles Retired Fire and Police Association
(6)
Affirmative Action Association for Women
(7)
Los Angeles City Employees Asian American Association
(8)
Los Angeles City Employees Chicano Association
(9)
Los Angeles Association of Black Personnel, Inc.
(10)
Los Angeles Firefighters Association
(11)
Latin American Law Enforcement Association
(12)
Oscar J. Bryant Foundation
(13)
Police Historical Society
(14)
Stentorians
(15)
Firefighters Federal Credit Union
(16)
Los Angeles Federal Credit Union
(17)
Los Angeles Department of Water and Power Credit Union
(18)
Police Federal Credit Union
(19)
Los Angeles Women Police Officers’ Association
(20)
Los Angeles Police Relief Association.
(21)
Los Angeles Fire Relief Association.
(22)
Law Enforcement Association of Asian Pacifics.
(23)
Los Angeles Fire Department Historical Society.
(24)
Los Angeles Police Department Memorial Foundation
(25)
African American Firefighter Museum
(26)
Desert Refuge for Peace Officers Program
(27)
Los Angeles Police Department Jeopardy Program
(28)
Western Law Center for Disability Rights Program
(29)
Los Angeles Retired Fire and Police Association Political Action Committee
(30)
Gang Alternatives Program
(31)
William H. Parker Foundation
(32)
Los Angeles Police Foundation
(33)
Los Angeles Filipino Association of City Employees' (LAFACE)
(34)
American Diabetes Association (ADA)
(35)
California Association of Professional Firefighters (CAPF) long-term care and long-term disability programs.
(36)
Los Angeles City Supervisors & Superintendents Association, Laborers' International Union of North America, Local 777, AFL-CIO and/or its
Union-sponsored benefits.
(37)
City of Hope.
Non-union employee organizations shall file with the City Clerk within sixty (60) calendar days after the organization’s fiscal year, an annual financial report
including a balance sheet and an operating statement certified as to its accuracy by a certified public accountant or an independent financial officer.
(b)
The authorization for such deduction shall be in such form as the Controller may determine, shall be signed by the employee or annuitant, as the case
may be, and delivered to the Controller and thereafter and until revoked or cancelled by such employee or annuitant, shall be effective as of the end of each
respective pay period. Checks in the amounts due to the respective organizations, representing the amount deducted from such employees or annuitants paychecks,
shall be prepared and issued to such organizations by the Controller after the close of each respective pay period.
Provided, however, that when the administration of a charitable deduction plan conducted by an organization authorized to receive payroll deductions pursuant
to Subsection (a) of this section is transferred from one organization to another, the Controller may transfer the payroll deduction from one organization to another
and thereafter transmit checks in the amounts due pursuant to this subsection, without additional written authorization of each participating donor as set forth
herein. The Controller may make such transfer if the Controller has on file the written requests for such transfer from both the organization undertaking the
administration of the charitable deduction plan and the organization relinquishing administration of the plan, and provided further that each employee participating
in the plan is notified not less than sixty (60) days in advance of such transfer, in writing by the Controller, that such transfer of administration has been jointly
requested. The notice of change of administration shall further provide that if the employee - donor desires to continue said employees’s present authorized
deduction, subject to transfer of administration as jointly requested by the organizations named in the notice, the employee need not return the form, and that in such
event the transfer shall be made without further notice or authorization on a date indicated on the notice. Each employee participating in the charitable deduction
plan shall be permitted to cancel the payroll deduction for the benefit of said plan by the return of such form as the Controller may determine, signed by said
employee donor.
Prior to the effective date of any transfer of the administration of a charitable donation plan pursuant to this subsection, the organization to which such transfer
is made shall have executed and delivered to the Controller and the City Clerk an Indemnification Agreement, to be approved by the City Attorney, which holds
harmless and indemnifies the City of Los Angeles for all claims or damages arising out of the transfer of administration of the plan.
(c)
The Controller shall charge and collect from the organizations in Subsection (a) of this section a fee of nine cents ($0.090) for each deduction included
in a check issued pursuant to Subsection (b) of this section, provided, however, that no fee shall be charged or collected for employee benefit programs administered by the City Personnel Department in accordance with Section 4.303 of the Los Angeles Administrative Code and further provided that no fee shall be
charged or collected for deductions made for Fire United Way, ACE Plan and Police Charity Plan.
(d)
Payroll deductions for charitable organizations shall be authorized only for nonprofit umbrella charitable organizations which serve local charities and
organizations and have been approved by the Police Department pursuant to Section 4.203.1(a). An “umbrella organization” is defined as an organization that has
current working agreements with at least 15 nonprofit charitable organizations which provide support for local charitable programs. Fund raising activities by City
employees or others for such approved charitable organizations may be authorized by an appointing authority, however, such activities shall not interfere with an
employee’s regularly established City duties and responsibilities.
No manager, supervisor, or other person shall engage in or permit others to engage in solicitation activities of a coercive nature. Any instance of coercive
activities regarding such solicitations shall be reported to the City of Los Angeles Social Service Department for investigation and appropriate action.
SECTION HISTORY
Based on Ord. No. 77,738.
Amended by: Ord. No. 127,330; Ord. No. 91,962; Ord. No. 101,341; Ord. No. 129,913; Ord. 102,530; Ord. No. 102,181; Ord. No. 107,602; Ord. No. 109,236; Ord. No. 109,715;
Ord. No. 110,216; Ord. No. 110,217; Ord. No. 113,468; Ord. No. 114,266; Ord. No. 114,542; Ord. No. 115,706; Ord. No. 114,846; Ord. No. 142,659, Eff. 11-27-71, Oper.
1-1-72; Ord. No. 143,389, Eff. 6-19-72; Ord. No. 144,181, Eff. 1-29-73; Ord. 144,543, Eff. 4-23-73; Ord. No. 144,546, Eff. 5-3-73; Ord. No. 144,622, Eff. 5-14-73; Ord. No.
146,032, Eff. 7-11-74; Ord. No. 146,790, Eff. 1-17-75, Oper. 1-1-75; Ord. No. 146,835, Eff. 12-23-74, Oper. 1-1-75; Ord. No. 147,177, Eff. 6-8-75; Ord. No. 148,045, Eff.
3-5-76; Ord. No. 148,686, Eff. 8-19-76; Ord. No. 148,884, Eff. 10-14-76; Ord. No. 149,617, Eff. 5-17-77; Ord. No. 150,432, Eff. 1-22-78; Ord. No. 150,432;Ord. No.
150,497, Eff. 2-18-78; Ord. No. 150,806, Eff. 6-5-78; Ord. No. 150,886, Eff. 7-2-78; Ord. No. 151,194, Eff. 8-12-78; Ord. No. 152,684, Eff. 8-27-79; Ord. 153,454, Eff. 4-380; Ord. No. 155,199, Eff. 6-20-81; Ord. No. 155,867, 11-9-81, Oper. 7-1-81; Ord. No. 155,931, Eff. 11-15-81; Ord. No. 157,203, Eff. 12-11-82; Ord. No. 159,163, Eff. 813-84; Ord. No. 160,490, Eff. 12-16-85; Ord. No. 163,241, Eff. 3-21-88; Ord. No. 167,575, Eff. 3-14-92; Ord. No. 168,346, Eff. 12-28-92, In Entirety, Ord. No. 169,016, Eff.
9-30-93; Subsec. (a), Ord. No. 169,901, Eff. 7-30-94; Subsec. (a) (Non-Union) (20) and (21) added, Ord. No. 169,998, Eff. 8-24-94; Subsec. (a) (Non-Union) (22) added,
Ord. No. 170,710, Eff. 11-3-95; Subsec. (a) (Non-Union) (23) added, Ord. No. 172,764, Eff. 9-19-99; Subsec. (a) (Non-Union) (23), Ord. No. 172,812, Eff. 10-25-99;
Subsec. (a) (Non-Union) (24) added, Ord. No. 173,024, Eff. 2-13-00; Ord. No. 173,283, Eff. 6-26-00, Oper. 7-1-00; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Ord. No.
173,380, Eff. 8-6-00; Subsec. (a) (Non-Union) (26) added, Ord. No. 175,193, Eff. 6-16-03; Subsec. (a) (Non-Union) (27) added, Ord. No. 175,243, Eff. 7-14-03; Subsec. (a)
(Non-Union) (28) added, Ord. No. 175,589, Eff. 12-6-03; Subsec. (a) (Union) (13) amended, Ord. No. 175,862, Eff. 5-3-04, Oper. 3-12-04; Subsec. (a) (Non-Union) (29)
added, Ord. No. 175,864, Eff. 5-3-04; Subsec. (a) (Non-Union) (32) added, Ord. No. 176,426, Eff. 3-5-05; Subsec. (a) (Non-Union) (30) added, Ord. No. 176,432, Eff. 3-505; Subsec. (a) (Non-Union) (31) added, Ord. No. 176,444, Eff. 3-9-05; Subsec. (a) (Non-Union) (34) added, Ord. No. 176,521, Eff. 4-19-05; Subsec. (a) (Non-Union) (33)
added, Ord. No. 176,522, Eff. 4-19-05; Subsec. (a) (Non-Union) (35) added, Ord. No. 176,523, Eff. 4-19-05; Subsec. (a) (Non-Union) (36) added, Ord. No. 176,922, Eff. 101-05; Subsec. (a) (Non-Union) (37) added, Ord. No. 178,939, Eff. 8-11-07.
Sec. 4.203.1. Deductions for Charitable Contributions.
(a)
Any employee may authorize the payment, by payroll deductions, of contributions to charitable organizations approved by the Police Department. The
Department shall have the authority, pursuant to this article, to authorize such payroll deductions and to promulgate and administer rules to implement payroll
deductions for charitable organizations. Such rules shall be submitted to and approved by the City Council. The number of voluntary deductions which a single
employee may authorize under authority of both this section and Section 4.203 of this Code shall not exceed the total of 15.
(b)
The authorization for such deductions shall be in such form as the Controller may determine, shall be signed by the employee and delivered to the
Controller and thereafter, and until revoked or cancelled by such employee, or by the Police Department for cause as defined in its rules to implement payroll
deductions for umbrella charitable organizations, shall be effective as of the end of each payroll period. Checks in the amount due to the named organization,
representing the amounts deducted from employees’ pay checks, shall be prepared and issued to such organization by the Controller after the close of each payroll
period.
(c)
No fee shall be charged or collected for voluntary payroll deductions made for the charitable organizations approved by the Police Department.
SECTION HISTORY
Added by Ord. No. 144,153, Eff. 1-14-73.
Amended by: Ord. No. 146,032, Eff. 7-11-74; Ord. No. 146946, Eff. 3-22-75; Ord. No. 147068, Eff. 5-12-75; Ord. No. 159,811, Eff. 6-16-85; Ord. No. 160,475, Eff. 12-1-85; Ord.
No. 162,274, Eff. 5-31-87; Ord. No. 162,391, Eff. 12-13-87; Ord. No. 163,241, Eff. 3-21-88; Ord. No. 163,388, Eff. 4-10-88; Ord. No. 163,682, Eff. 7-10-88; Ord. No.
163,995, Eff. 10-8-88; Ord. No. 164,543, Eff. 4-22-89; Ord. No. 168,346, Eff. 12-28-92; Ord. No. 168,645, Eff. 4-15-93, In Entirety, Ord. No. 169,016, Eff. 9-30-93; Ord.
No. 173,283, Eff. 6-26-00, Oper. 7-1-00; Subsec. (a), Ord. No. 173,410, Eff. 8-27-00.
Sec. 4.204. Organizations’ Authorization to the Controller to Make Deductions.
The organizations enumerated in Sections 4.203(a) and 4.203.1 hereof are hereby authorized and directed to notify the Controller to make or cause to be made
deductions from the salary or allowance of any employee or annuitant.
SECTION HISTORY
Based on Ord. No. 77,738.
Amended by: Ord. No. 144,543, Eff. 5-3-73.
Sec. 4.205. Duties of the Controller.
SECTION HISTORY
Based on Ord. No. 77,738.
Amended by: Ord. No. 144,540, Eff. 5-3-73.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.206. Effect of Payment.
The payment to any employee of a pay check or demand or the payment to any annuitant of a retirement check equal to the difference between the salary
earned or retirement allowance due and (a) deductions made pursuant to any written request accepted by the Controller, whether under the terms of this article or
otherwise and (b) any deduction made pursuant to law, shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the
services rendered by such employee during the period covered by such pay checks or demand or for the payment of the total retirement allowance due during the
period for which such retirement check is paid.
SECTION HISTORY
Based on Ord. No. 77,738.
Amended by: Ord. No. 90,475; Ord. No. 144,546, Eff. 5-3-73.
ARTICLE 3
DEDUCTIONS FOR U.S. SAVINGS BONDS
Section
4.209
4.210
4.211
4.212
4.213
4.214
Authorization for Deduction.
Duties of Controller.
Effect of Payment.
Trust Fund.
Termination of Employee or Death of an Annuitant.
Termination of Employee.
Sec. 4.209. Authorization for Deduction.
Any officer or employee of the City of Los Angeles, as well as an annuitant as heretofore defined in Section 4.203(a) hereof, may authorize the purchase, by
the City Treasurer, from trust funds derived through voluntary deductions of United States Savings Bonds or similar United States obligations, on behalf of and to
the credit and for the issuance to such officer, employee, or annuitant.
The authorization for such deduction shall be in such form as the City Controller may determine, shall be signed by the officer, employee, or annuitant, and
delivered to the City Controller and, thereafter, and until revoked or cancelled by such officer, employee or annuitant, shall be effective as to each and every pay
period. Each pay period upon which any deductions are made as authorized herein shall be accompanied by a check or demand upon the General
Payroll/Reimbursement Fund or the Retirement or Pension Fund against which such payroll, retirement or pension roll is issued in favor of the “Employees’
Savings Bonds Trust Fund” hereinafter established by this article.
SECTION HISTORY
Based on Ord. No. 85,979.
Amended by: Ord. No. 144,546, Eff. 5-3-73.
Sec. 4.210. Duties of Controller.
The Controller shall perform such duties as may be necessary in the handling of such deductions and shall perform any allied clerical work pertaining thereto.
He shall deliver to the City Treasurer the checks or demands drawn in favor of said trust fund as provided in Section 4.209 hereof.
SECTION HISTORY
Based on Ord. No. 85,979.
Amended by: Ord. No. 144,546, Eff. 5-3-73.
Sec. 4.211. Effect of Payment.
The payment to any officer or employee of a payroll check or demand or the payment to an annuitant of a retirement check equal to the difference between the
salary earned or the retirement allowance due and the deductions made pursuant to this article, shall constitute a full and complete discharge and acquittance of all
claims and demands whatever for the services rendered by such employee during the period covered by such payroll check or demand or for the payment of the total
retirement allowance due such annuitant during the period for which such retirement check is paid.
SECTION HISTORY
Based on Ord. No. 85,979.
Amended by: Ord. No. 144,546, Eff. 5-3-73.
Sec. 4.212. Trust Fund.
That a trust to be designated as “Employees’ Savings Bond Trust Fund” is hereby created and established and the City Treasurer shall administer the same in
accordance with the provisions hereof. It shall be his duty to receive all separate amounts deducted from payrolls, pension or retirement rolls, as herein provided
and place the same in the trust fund hereby established. The Controller shall keep separate accounts showing the amounts which accumulate in the name and to the
credit of each officer, employee, or annuitant authorizing such deduction. Whenever there shall accumulate to the credit of any such officer, employee or annuitant
an amount of money in their respective accounts sufficient for the purchase of a United States Savings Bond or Bonds or similar United States obligations, as
authorized by such officer, employee or annuitant, the Controller shall forthwith notify the City Treasurer of such fact and the City Treasurer shall forthwith
purchase and issue to such officer, employee or annuitant, or to their duly authorized representative, a bond or bonds, or other United States obligations so
purchased by him in their behalf. Before delivering any of the bonds so purchased the City Treasurer shall require each such officer, employee or annuitant, or their
duly authorized representatives, to execute proper instruments evidencing the issuance and delivery of such bonds or similar United States obligations.
In the event of the termination of service or employment or the occurrence of any other conditions provided for in Section 4.213 hereof, the Controller shall
furnish the City Treasurer with the amount then standing to the credit of the annuitant, or the officer or employee whose service or employment is being terminated.
SECTION HISTORY
Based on Ord. No. 85,979.
Amended by: Ord. No. 144,546, Eff. 5-3-73.
Sec. 4.213. Termination of Employee or Death of an Annuitant.
In the event that any officer’s or employee’s term of service or employment with the city terminates or the occurrence of the demise of an annuitant before the
amount of his authorized deductions has accumulated in his account to an amount sufficient to purchase the bond or bonds, or in the event any such deduction is
revoked or cancelled, a demand shall be drawn upon such fund for the amount then standing to the credit of said officer, employee, or annuitant to be delivered to
him or the executor or administrator of the estate of such deceased person, or to any other person legally authorized to receive property due said decedent, upon the
closing of said account.
SECTION HISTORY
Based on Ord. No. 85,979.
Amended by Ord. No. 116,527; Ord. No. 144,546, Eff. 5-3-73.
Sec. 4.214. Termination of Employee.
In the event that any officer’s or employee’s term of service or employment with the city terminates before the amount of his authorized deductions has
accumulated in his account to an amount sufficient to purchase the bond or bonds, or in the event any such payroll deduction is revoked or cancelled, a demand
shall be drawn upon such fund for the amount then standing to the credit of said officer or employee to be delivered to him upon the closing of said account.
SECTION HISTORY
Based on Ord. No. 85,979.
ARTICLE 4
EXECUTION OF JUDGMENT
Sec. 4.217. Section 682.3 – Code of Civil Procedure.
SECTION HISTORY
Based on Ord. No. 81,523.
Amended by: Ord. 149,347, Eff. 3-1-77.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 5
DEDUCTIONS FOR EMPLOYEE PARKING FEES
Section
4.218
[No Title.]
Sec. 4.218.
(a)
Authorization. Any employee who is assigned a parking space by the Personnel Department may, if required to pay a parking fee therefor, authorize
the payment of said fee by payroll deduction, provided that the number of voluntary payroll deductions by said employee shall not exceed ten. The authorization for
such deduction shall be in such form as the City Controller may determine, shall be signed by the employee and delivered to the City Controller and, thereafter,
until revoked or cancelled by such employee, shall be effective as of the end of each respective payroll period.
(b)
Refund. In the event the deduction taken applies in whole or in part to a month subsequent to the month in which an employee terminates the use of
an assigned parking space, the employee is entitled to a refund of that portion of the deduction applying to such subsequent month.
(c)
Effect of Payment. The payment to any employee of a paycheck or demand equal to the difference between the salary earned and deductions made
pursuant to this article shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee
during the period covered by such payroll check or demand.
(d)
Duties of the Controller.
(1)
The Controller shall perform such duties as may be necessary in the collection of such deductions, shall advise the Personnel Department as to
the names of those employees who have authorized such deduction, and shall pay such amounts to the Personnel Department.
(2)
The Controller shall neither charge nor collect any fee for services performed hereunder.
SECTION HISTORY
Added by Ord. No. 146,894, Eff. 2-23-76.
Amended by: Ord. No. 151,322, Eff. 9-9-78, Oper. 7-1-78; Subsecs. (a) and (d), Ord. No. 152,427, Eff. 6-29-79; Subsec. (a), (d), Ord. No. 167,373, Eff. 12-6-91.
ARTICLE 6
DEDUCTIONS FOR CHILD AND SPOUSAL SUPPORT
Section
4.219
[No Title.]
Sec. 4.219.
(a)
Authorization for Deduction. Any employee of the City of Los Angeles may authorize the payment of child support and/or spousal support by payroll
deduction, provided that the number of voluntary payroll deductions by the employee shall not exceed 15. The authorization for such deduction(s) shall be in such
form as the Controller may determine, signed by the employee, delivered to the Controller and effective thereafter as of the end of each respective payroll period,
until revoked or canceled by the employee.
(b)
Duties of Controller. The Controller shall perform such duties as may be necessary in the processing of such deductions and shall perform any
attendant clerical work pertaining thereto. The Controller shall neither charge nor collect any fee for services performed under this article.
SECTION HISTORY
Added by Ord. No. 163,306, Eff. 3-27-88.
Amended by: Article 6 Title and Section, In Entirety, Ord. No. 169,315, Eff. 2-5-94; Subsec. (a), Ord. No. 170,061, Eff. 11-17-94.
ARTICLE 7
DEDUCTIONS FOR VANPOOL FARES
Section
4.219.1
[No Title.]
Sec. 4.219.1.
(a)
Authorization. Any employee of the City of Los Angeles who is a passenger on a City Employee Rideshare Program vanpool vehicle may, if required
to pay vanpool fares therefor, authorize the payment of said vanpool fares by payroll deduction, provided that the number of voluntary payroll deductions by said
employee shall not exceed ten. The authorization for such deduction shall be in such form as the City Controller may determine, shall be signed by the employee
and delivered to the City Controller and, thereafter, until revoked or cancelled by such employee, shall be effective as of the end of each respective payroll period.
(b)
Refund. In the event the deduction taken applies in whole or in part to a month subsequent to the month in which an employee withdraws from a
vanpool, or in which an employee’s vanpool is terminated, the employee is entitled to a refund of that portion of the deduction applying to such subsequent month,
provided that the employee has complied with the provisions of the Passenger Agreement contained in the City’s Vanpool Program Manual.
(c)
Effect of Payment. The payment to any employee of a paycheck or demand equal to the difference between the salary earned and deductions made
pursuant to this article shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee
during the period covered by such payroll check or demand.
(d)
Duties of the Controller. The Controller shall perform such duties as may be necessary in the processing of such deductions, shall advise the
Personnel Department as to the names of those employees who have authorized such deductions, and shall pay such amounts to the Personnel Department for
deposit into the City Employee Rideshare Fund. The Controller shall neither charge nor collect any fee for services performed under this article.
SECTION HISTORY
Added by Ord. No. 167,050, Eff. 7-27-91.
ARTICLE 8
DEDUCTIONS FOR GOLDEN STATE SCHOLARSHARE COLLEGE SAVINGS TRUST
Section
4.219.2
4.219.3
4.219.4
Authorization for Deduction.
Duties of Controller.
Effect of Payment.
Sec. 4.219.2. Authorization for Deduction.
Any employee of the City of Los Angeles may authorize the contribution, by payroll deduction, into the various tax-deferred investment options of the Golden
State ScholarShare College Savings Trust, on behalf of a designated beneficiary to provide for qualified higher education expenses.
The authorization for such deduction shall be in a form the City Controller may determine, shall be signed by the employee and delivered to the City
Controller and thereafter, until revoked or cancelled by such employee, shall be effective as of the end of each payroll period. Each pay period upon which any
deductions are made as authorized in this article shall be accompanied by a check or demand upon the General Payroll/Reimbursement Fund against which the
payroll is issued in favor of the “Golden State ScholarShare Trust” established by this article.
SECTION HISTORY
Added by Ord. No. 175,580, Eff. 11-29-03.
Sec. 4.219.3. Duties of Controller.
The Controller shall perform such duties necessary in the handling of these deductions and shall perform any attendant clerical work. The Controller shall
deliver to the City Treasurer the checks or demands drawn in favor of said trust as provided in Section 4.219.2. The Controller shall charge and collect from
participating employees a fee of $0.50 for each deduction taken pursuant to this article.
SECTION HISTORY
Added by Ord. No. 175,580, Eff. 11-29-03.
Sec. 4.219.4. Effect of Payment.
The payment to any employee of a paycheck or demand equal to the difference between the salary earned and deductions made pursuant to this article shall
constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by the employee during the period covered by
the payroll check or demand.
SECTION HISTORY
Added by Ord. No. 175,580, Eff. 11-29-03.
CHAPTER 5
REIMBURSEMENT FOR CERTAIN EXPENSES INCURRED BY CITY EMPLOYEES
Article
1
2
3
4
Payment for Travel of Certain Employees from Their Homes to Temporary Job Location and from Job-to-Job Locations
Use of Privately Owned Automobiles on City Business and Reimbursement Therefor
Reimbursement of Vehicle Parking Fees and Telephone Charges
Policy for Travel Expenses, Non-travel Expenses and Elected Officials’ Contingency Account Expenditures
ARTICLE 1
PAYMENT FOR TRAVEL OF CERTAIN EMPLOYEES FROM THEIR HOMES TO TEMPORARY JOB
LOCATION AND FROM JOB-TO-JOB LOCATIONS*
*Title of Article 1 amended by Ord. No. 141,335, Eff. 12-17-70.
Section
4.220
4.221
4.221.1
4.222
4.222.1
4.222.2
4.223
4.224
4.225
4.226
Definitions.
Authority for Travel Compensation.
Job-to-Job Compensation.
Rate of Payment.
Job-to-Job Reimbursement.
Maximum Reimbursement.
Travel Between Home and Headquarters.
Temporary Assignment Becoming Permanent.
Applicability of Article.
Forms Required.
Sec. 4.220. Definitions.
The words and terms defined in this section shall have the following meaning as used in this article:
(a)
“Temporary Assignment” shall mean a work assignment to a location other than headquarters lasting for a period of 30 days or less.
(b)
“Headquarters” shall mean those places and assignment to which an officer or employee is required to report for instructions such as the City
Hall or any of its branches, various departmental or divisional yards, plants or stations or similar places of assignment.
(c)
“Department” shall mean any department, bureau or office of the government of the City of Los Angeles, except those departments which,
under the charter, have control of their own definite revenues or funds.
(d)
“Job-to-Job” shall mean the change within a work day from one work assignment location to another requiring travel.
(e)
A “split shift” shall mean a day’s work consisting of nonconsecutive hours, of two or more working periods, separated by a period of time in
excess of two hours, exclusive of meal periods or rest periods.
SECTION HISTORY
Based on Ord. No. 122,317.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Subsec. (e), added by Ord. No. 157,181, Eff. 10-21-82, Oper. 7-1-82.
Sec. 4.221. Authority for Travel Compensation.
Whenever the Board or officer in charge and in control of any department shall determine that it is for the best interest of the city and will promote the proper
and efficient conduct of public work to require that any officer or employee of such department report directly from his home to a place of temporary assignment of
work in the morning and return directly to his home from a temporary assignment of work in the evening, such officer or employee shall be compensated for travel
in the manner hereinafter prescribed. Authority for such compensation shall be obtained in the following manner:
(a)
Said Board or officer shall be responsible for the administration of payment for travel of qualifying employees from their homes to temporary
job locations and return, under the provisions of this article, subject to review by the Director of the Office of Administrative and Research Services.
(b)
The Director of the Office of Administrative and Research Services shall prescribe the procedure for such review and shall file with the
Controller an approved list of all authorities for travel compensation as a basis for payment under this article.
SECTION HISTORY
Based on Ord. No. 122,137.
Amended by: Ord. No. 129,801; Ord. No. 141,335, Eff. 1-17-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.221.1. Job-to-Job Compensation.
Whenever the Board or officer in charge and in control of any department shall determine that it is for the best interest of the city and will promote the proper
and efficient conduct of public work to require that any officer or employee of such department report from job-to-job, such officer or employee shall be
compensated for travel as provided in Section 4.222.1. Authority for such compensation shall be obtained as provided in Section 4.221(a) and (b).
SECTION HISTORY
Added by Ord. No. 141,335, Eff. 1-17-71.
Sec. 4.222. Rate of Payment.
Any officer or employee so required to travel directly between his home and place of temporary assignment as provided in Section 4.221 of this Code shall
receive payment at the rate of one dollar and twenty cents ($1.20) for each day that such travel occurs.
SECTION HISTORY
Based on Ord. No. 122,137.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No. 141,591, Eff. 4-3-71; Ord. No. 146,047, Eff. 6-13-74, Oper. 6-9-74; Ord, No. 153,070, Eff. 11-29-79.
Sec. 4.222.1. Job-to-Job Reimbursement.
Any officer or employee required to travel from “job-to-job” shall receive payment at the rate of one dollar and twenty cents ($1.20) for each day that such
travel occurs.
SECTION HISTORY
Added by Ord. No. 141,335, Eff. 1-17-71.
Amended by: Ord. No. 153,070, Eff. 11-29-79.
Sec. 4.222.2. Maximum Reimbursement.
Any officer or employee who qualifies for reimbursement under the provisions of both Section 4.222 and Section 4.222.1 shall be entitled to receive a
maximum of $1.75 per day for each day so qualified.
SECTION HISTORY
Added by Ord. No. 153,709, Eff. 6-13-80.
Sec. 4.223. Travel between Home and Headquarters.
No officer or employee of the City shall be compensated for travel between his/her home and headquarters except as provided in Section 85.05 of the Los
Angeles Municipal Code.
SECTION HISTORY
Based on Ord. No. 122,137.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No.165,929, Eff.6-5-90.
Sec. 4.224. Temporary Assignment Becoming Permanent.
If any officer or employee who is eligible for payment for travel under the provisions of this article continues to report directly from his home to a temporary
assignment for more than 30 days, such assignment shall be deemed thereafter to be permanent and no further payment for travel shall be allowed to him while he is
working on such assignment.
SECTION HISTORY
Based on Ord. No. 122,137.
Sec. 4.225. Applicability of Article.
The provisions of this article shall apply to temporary and job-to-job assignments of work on any day during the week, including Saturdays, Sundays and
holidays, regardless of what hour an officer or employee is required to report for work. No payment under this article shall be made to any person who uses a cityowned vehicle or who is reimbursed for transportation expenses under Article 2 of this chapter for travel between his home and a temporary assignment.
SECTION HISTORY
Based on Ord. No. 122,137.
Amended by: Ord. No. 141,335, Eff. 1-17-71.
Sec. 4.226. Forms Required.
The Director of the Office of Administrative and Research Services with the approval of the Controller shall prescribe the report or other forms to be used as a
basis for payment under this article.
SECTION HISTORY
Based on Ord. No. 122,137.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 2
USE OF PRIVATELY OWNED AUTOMOBILES ON CITY BUSINESS AND REIMBURSEMENT THEREFOR
Section
4.229
4.230
4.231
4.232
4.233
4.234
4.235
4.236
Authority for Use.
Reimbursement
Guarantee.
Insurance Required.
Use Regulations.
Speedometers.
Reports.
Automobile Allowance - General Managers and Elected Officials.
Sec. 4.229. Authority for Use.
Whenever the Board or officer in charge and control of any department of this city shall determine that the proper and efficient performance of the duties of
any officer or employee of such department or office requires that such officer or employee be permitted to use therein an automobile owned by him, or under his
possession, or under his control, such officer or employee may be authorized to use said automobile in city service in the following manner:
(a)
Said Board or officer shall be responsible for the administration of the use of privately-owned automobiles under the provisions of this article,
subject to review by the Director of the Office of Administrative and Research Services.
(b)
The City Administrative Officer shall prescribe the procedure for such review.
SECTION HISTORY
Based on Ord. No. 86,626.
Amended by: Ord. No. 129,802; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. (b), Ord. No. 179,994, Eff. 7-11-08.
Sec. 4.230. Reimbursement
Each officer or employee who is authorized to use his/her own vehicle in the performance of his/her duties shall be reimbursed for transportation expenses for
all miles travelled in any bi-weekly period, in addition to any and all salaries and other compensation otherwise provided for by law. The cents-per-mile
reimbursement rate shall be in accordance to an amount equal to the annual standard car mileage allowance as determined by the Internal Revenue Service. The
Director of the Office of Administrative and Research Services shall certify to the Controller appropriate changes, if required, to become effective the beginning of
the pay period in which January 1 falls.
SECTION HISTORY
Based on Ord. No. 86,626.
Amended by: Ord. No. 135,637; Ord. No. 141,335, Eff.
Oper. 12-5-76; Ord. No. 150,272, Eff. 11-3-77;
Ord. No. 155,667, Eff. 7-31-81, Oper. 6-26-81;
170,864, Eff. 1-22-96, Oper. 1-22-96; Ord. No.
1-17-71; Ord. No. 142,726, Eff. 1-7-72; Ord. No. 146,047, Eff. 6-13-74, Oper. 6-9-74; Ord. No. 149,011, Eff. 11-30-76,
Ord. No. 150,868, Eff. 5-17-78, Oper. 5-21-78; Ord. No. 152,765, Eff. 9-15-79; Ord. No. 153,070, Eff. 11-29-79; In Entirety,
In Entirety, Ord. No. 166,959, Eff. 5-16-91; In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; In Entirety, Ord. No.
173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.231. Guarantee.
Each officer or employee qualifying for reimbursement under this article shall be guaranteed, each pay period, mileage reimbursement equal to the number of
days in the pay period for which the officer or employee receives reimbursement under the provisions of Section 4.230 of this article, times ten miles.
SECTION HISTORY
Based on Ord. No. 86,626.
Amended by: Ord. No. 110,039; Ord. No. 141,335, Eff. 1-17-71; In Entirety, Ord. No. 164,881, Eff. 5-26-89.
Sec. 4.232. Insurance Required.
No such authority shall be granted for the use of any privately owned vehicle for purposes within the scope and course of public duties unless the officer or
employee to whom such authority is granted shall have first obtained, and maintains throughout the period of such use in full force and effect, a satisfactory policy
of public liability insurance covering the full use and operation of the vehicle in question. The limits of liability on any such policy shall not be less than $25,000 in
the case of injury to or death of one person, and $50,000 in the case of injury to or death of more than one person, and in the case of property damage, not less than
$5,000 in any one accident. The cost of such insurance policy shall be borne by the officer or employee authorized hereunder to use the vehicle. Evidence of
insurance in the form of a Certificate of Insurance (original signed copy), or other documentation acceptable to the City Attorney, shall be submitted to the
appointing authority of the employing department.
SECTION HISTORY
Based on Ord. No. 86,626.
Amended by: In Entirety, Ord. No. 164,881, Eff. 5-26-89.
Sec. 4.233. Use Regulations.
In addition to any rule and regulation, not in conflict herewith, that may be established by any board or officer to govern the use of privately owned vehicles in
the course of public duties, the following regulations shall apply generally to such use:
a.
Each officer and employee required to make intermittent trips originating and terminating in the City Hall shall use the pool car service of the
City Hall Garage whenever reasonably and practically possible.
b.
Each officer and employee who reports to his headquarters at the beginning and at the end of his scheduled hours of work shall be reimbursed
for all mileage traveled on city business from his headquarters at the beginning of work until he reaches headquarters at the end of work. No such officer or
employee shall be reimbursed for mileage traveled between his home and headquarters or between his headquarters and home.
c.
Each officer and employee who reports to his headquarters at the beginning of his scheduled hours of work and returns directly to his home from
his last field job shall be reimbursed for all mileage traveled on city business from his headquarters at the beginning of the work schedule until he reaches
his last field job and shall also be reimbursed for any mileage traveled between his last field job and home which is in excess of the mileage from his
headquarters and home. No such officer or employee shall be reimbursed for mileage traveled between his home and headquarters.
d.
Each officer and employee who reports directly to a field job at the beginning of his scheduled hours of work and reports to his headquarters
from his last job shall be reimbursed for all mileage traveled on city business from his first field job at the beginning of the work schedule to his
headquarters at the end of the work schedule and shall also be reimbursed for any mileage traveled between his home and his first field job at the beginning
of the work schedule which is in excess of the mileage from his home to headquarters. No such officer or employee shall be reimbursed for mileage traveled
between his headquarters and home.
e.
Each officer and employee who reports directly to a field job at the beginning of his scheduled hours of work and returns directly to his home
from a field job at the end of the work schedule shall be reimbursed for all mileage traveled on city business from his field job to his last field job and shall
also be reimbursed for any mileage traveled from his home to his first field job which is in excess of the mileage from his home to headquarters, and for
any mileage traveled between his last field job and home which is in excess of the mileage from his headquarters to home.
f.
For each officer and employee for whom reimbursement for mileage traveled on city business is authorized, the administrative head of the
department, bureau or office shall assign a permanent headquarters for use in calculating the home-to-headquarters mileage deduction. The term
“headquarters” as used above applied to those places of assignment to which the employee is required to report for instructions, such as in City Hall,
Branch City Halls, various departmental or divisional yards, plants and stations and similar places of assignment.
(1)
Should the work of an employee be such that he is not required to report to such a place for instructions, a headquarters near his area of
assignment shall be designated by the administrative head for purposes of this subsection.
(2)
Should the work assignment of an employee be of a special nature, requiring unusual knowledge or skill, and if location of this job
assignment is significantly more distant from his home than his normal work assignment; a headquarters which is the normal distance from the
employee’s home may be designated by the administrative head during the period of special assignment.
g.
The term “job” as used above applies to those places of assignment to which the employee is occasionally required to report for the purpose of
inspections, investigations, supervision, or work.
h.
In the event of a temporary change of headquarters, for a period of 30 days or less, the new location shall be classified as a “job” assignment;
provided, however, that if the employee continues to report at the new headquarters for more than 30 days that location shall be considered thereafter as the
permanent headquarters of the employee. This subsection shall not apply to a change of headquarters during a period of special assignment to Subdivision
(2) of Subsection f of this section.
i.
Any officer or employee who, in case of an emergency caused by unforeseen circumstances affecting the health, safety and welfare of the City or
its inhabitants, is required to report at a time other than during the employee’s normal working hours to the employee’s headquarters or directly to a field
job and who returns therefrom to the employee’s home, shall be reimbursed for all mileage traveled on City business from the employee’s home until the
employee returns to the employee’s home.
j.
Any officer or employee who is required to report to work more than once during any scheduled workday shall be reimbursed for all mileage
traveled on City business from the employee’s home until the employee returns to the employee’s home for all trips in excess of one round trip.
SECTION HISTORY
Based on Ord. No. 86,626.
Amended by: Ord. No. 130,281; Ord. No. 141,427, Eff. 2-18-71; Ord. No. 157,181, Eff. 10-21-82, Oper. 7-1-82; Subsec. (i), Subsec. (j) added, Ord. No. 158,945, Eff. 5-18-84, Oper.
1-1-84.
Sec. 4.234. Speedometers.
Each employee who is authorized to use his privately-owned car in city service shall be required to maintain the speedometer of his car in working order at all
times. Failure to report speedometer readings as required by the regular mileage report form shall be cause for the disallowance of any reimbursement for mileage
traveled during the particular period involved.
SECTION HISTORY
Based on Ord. No. 86,626.
Sec. 4.235. Reports.
The Controller is hereby instructed to devise a combination daily work report and mileage report form upon which each employee will record the speedometer
readings and trip itinerary as well as the work performed, and such data will constitute the basis upon which reimbursement shall be made for the use of his
automobile.
SECTION HISTORY
Based on Ord. No. 86,626.
Sec. 4.236. Automobile Allowance - General Managers and Elected Officials.
A general manager, as defined in Section 4.321, or an elected official who elects to use his/her own vehicle on a regular basis in the performance of his/her
duties, in lieu of an assigned City vehicle, shall receive an allowance of $500.00 per month. General managers and elected officials who receive an allowance in
accordance with this section shall not be subject to the reimbursement and use regulations contained in Sections 4.230 - 4.231 and Sections 4.233 - 4.235. However,
they shall be subject to the insurance requirements of Section 4.232. Evidence of insurance shall be submitted to the Controller prior to initial receipt of the
allowance and upon each renewal of the policy.
SECTION HISTORY
Added by Ord. No. 171,270, Eff. 9-10-96. (See Sec. 5 of this Ordinance No. 171,270 regarding operative date.)
ARTICLE 3
REIMBURSEMENT OF VEHICLE PARKING FEES AND TELEPHONE CHARGES*
* NOTE: Title of Article 3 amended by Ord. No. 141,335, Eff. 1-17-71.
Section
4.238
4.238.1
4.239
4.240
4.241
Determination That Reimbursement Should Be Allowed.
Telephone Reimbursements.
Administration of Reimbursements.
Statement of Authorization.
Definitions.
Sec. 4.238. Determination That Reimbursement Should Be Allowed.
Whenever the Board or officer in charge and control of any department of this City shall determine that the proper and efficient performance of the duties of
any officer or employee of the department or office requires that such officer or employee be permitted to park the vehicle used by him in the performance of his
duties in a place where a charge is made for such parking, such officer or employee may be reimbursed for the actual cost of such parking fee or charge under any
of the following conditions:
(a)
Reimbursement may be authorized to any officer or employee who is eligible for travel compensation pursuant to the provisions of Article 1 of
this chapter.
(b)
Reimbursement may be made to any officer or employee who is eligible for mileage reimbursement pursuant to the provisions of Article 2 of
this chapter.
(c)
his duties.
Reimbursement may be authorized to any officer or employee who is authorized to use an automobile owned by the City in the performance of
SECTION HISTORY
Based on Ord. No. 133,161, Eff. 10-6-66.
Amended by: Ord. No. 141,335, Eff. 1-17-71.
Sec. 4.238.1. Telephone Reimbursements.
Whenever the Board or officer in charge and in control of any department shall determine that it is for the best interest of the city, and will promote the proper
and efficient conduct of public work, he may authorize any officer or employee of such department to be reimbursed for the actual cost of telephone calls on city
business under the same conditions as set forth in Section 4.238(a), (b) and (c).
SECTION HISTORY
Added by Ord. No. 141,335, Eff. 1-17-71.
Sec. 4.239. Administration of Reimbursements.
The administrative head of any office or department in which the officer or employee seeking reimbursement under the section is employed shall be
responsible for the administration of any reimbursement authorized under the provisions of this article subject to review by the Director of the Office of
Administrative and Research Services.
SECTION HISTORY
Based on Ord. No. 133,161, Eff. 10-6-66.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.240. Statement of Authorization.
The Director of the Office of Administrative and Research Services shall file with the Controller a statement of all reimbursement authorities as a basis for
payment under this article.
SECTION HISTORY
Based on Ord. No. 133,161, Eff. 10-6-66.
Amended by Ord. No. 141,335, Eff. 1-17-71; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.241. Definitions.
Department shall mean any department, bureau or office of the government of the City of Los Angeles, except those departments which, under the Charter,
have control of their own definite revenues or funds.
SECTION HISTORY
Based on Ord. No. 133,161, Eff. 10-6-66.
Amended by: Ord. No. 141,335, Eff. 1-17-71.
ARTICLE 4
POLICY FOR TRAVEL EXPENSES, NON-TRAVEL EXPENSES AND ELECTED OFFICIALS’ CONTINGENCY
ACCOUNT EXPENDITURES
Section
4.242.1
4.242.2
4.242.3
4.242.4
4.242.5
4.242.6
4.242.7
4.242.75
4.242.8
4.242.9
Scope.
Definitions.
Allowable Travel Costs.
Non-reimbursable Travel Costs.
Expenses Not Involving Travel Exclusive of Contingent Expenses.
Contingency Expense.
Documentation of Expenses.
Documentation of Purpose and Benefit of Travel.
Advances and Reimbursements of Funds.
Required Approval.
Sec. 4.242.1. Scope.
The purpose of this article is to establish City policy relative to:
(1)
allowable costs for travel and for non-travel related expenses for all City employees and elected officials and,
(2)
reimbursable expenses for elected officials’ contingency accounts. This article applies to all costs incurred under the stated categories
notwithstanding the source of funds and supersedes all existing provisions governing expenditures for these purposes.
SECTION HISTORY
Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff. 4-6-78.
Sec. 4.242.2. Definitions.
The words and terms defined in this section shall have the following meanings in this article:
(a)
“Department” means any department, bureau, agency, body, office, or Board of the City of Los Angeles.
(b)
“Department head” means the general manager, Board, body, or elected or appointed officer having control and management of any
department. In the case of the City Council, each member of the Council shall be considered as the Department head for his or her staff, and the President of
the Council or his or her designated representative shall be considered the Department head for all other Council employees.
(c)
“Employee” means any officer or employee of the City other than an elected official.
(d)
“Elected official” means the Mayor, each member of the City Council, the City Controller or the City Attorney.
(e)
“Convention” means a regularly recurring or special conference or meeting of the membership of a professional, technical, fraternal or any
other type of organization the subject matter of which conference or meeting only broadly relates to City operations.
(f)
“Travel costs” include all transportation costs, registration or attendance fees, subsistence costs and other costs reasonably and necessarily
incurred which are paid for by the City or which are paid for by the employee or elected official subject to reimbursement by the City when an employee or
elected official is required to travel outside the geographic boundaries of Los Angeles County on official City business.
(g)
“Non-travel costs” include all transportation costs, registration or attendance fees, subsistence costs and other costs reasonably and necessarily
incurred which are paid for by the City or which are paid for by the employee or elected official subject to reimbursement by the City when an employee or
elected official is conducting official City business within the geographic boundaries of Los Angeles County.
(h)
To constitute “official City business”, the activities of an employee or elected official of the City of Los Angeles shall demonstrate:
1.
A valid City interest to be served or gained thereby; or
2.
Relevance to the City operations or the individual’s role in such operations; or
3.
4.
The promotion or development of City programs, methods or administration; or
Compliance with instructions or authorization of the Mayor or the City Council.
SECTION HISTORY
Art. 4, Chap. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff. 4-6-78.
Sec. 4.242.3. Allowable Travel Costs.
It is expected in each instance that an employee or elected official will only incur expenses that a reasonable and prudent person would incur if traveling on
personal business. It is also expected that before an employee or elected official incurs expenses due consideration be given to such factors as suitability,
convenience, and the nature of the business involved. The following costs are allowable where in conformity with Charter requirements, when employees and
elected officials travel on official City business:
(a)
Transportation Expenses.
1.
Except in the case of official necessity, air travel expenses are allowable only for the lowest regular fare available for regularly scheduled
airlines for the date and time selected. Claims for reimbursement of higher fare or extra charges for transportation by scheduled airlines are allowable
only if certified by the Department head that he or she has reviewed and concurs with the facts constituting the official necessity.
2.
In the case of travel by modes of transportation other than regularly scheduled airlines, transportation costs shall be the regular fare for the
mode of transportation chosen. In the instance of the use of private automobile, mileage shall be in accordance with mileage provisions of Division 4,
Chapter 5, Article 2 of the Administrative Code. In all instances where a mode of transportation other than regularly scheduled airlines is chosen, the
Department head shall authorize such alternate mode of transportation in advance and the allowable cost shall be the actual cost of the alternate mode
of transportation or the cost allowable under Subsection (a)1, whichever is less.
(b)
Meals and Lodging. In the selection of restaurants and hotel rooms, it is expected that individuals will seek moderately priced establishments
of acceptable quality.
1.
An employee or elected official must consider transportation costs, time and other relevant factors in selecting the most economical and
practical accommodations. This section is not intended to preclude an employee or elected official from staying in a hotel where the meeting or
convention to be attended is held.
2.
Expenses incurred by an employee or elected official for food and beverage served at meals, scheduled receptions or other functions
necessary for the conduct of City business are allowable to a maximum of three meals a day. In order for such expenses to be allowable for persons
other than the employee or elected official, the Department head must certify that such expenditures were for a public purpose and necessary for the
conduct of City business. All employees and elected officials of the City must specify the name(s) and organization(s) of the person(s) hosted and the
nature of the City business discussed.
(c)
Ground Transportation. The least expensive and most practical form of public transportation shall be used, taking into consideration such
factors as time, availability, and personal safety or health.
(d)
Automobile Rental. Such expenses are allowable if traveling by car is less expensive or more appropriate for the efficient conduct of City
business than by taxi or bus.
(e)
Laundry Service. Such expenses are allowable if the duration of the trip, traveling conditions, or some other special circumstances dictate.
(f)
City Business Telephone Calls.
(g)
Personal Telephone Calls. Such expenses are allowable as follows:
One call to the employee’s or elected official’s immediate family in the locale of the residence of the employee or elected official, if travel is in
excess of three (3) days, and one such call for each successive three (3) days thereafter.
(h)
Gratuities. Such expenses, not exceeding 15%, are allowable where reasonable and customary.
(i)
Registration, Seminar or Meeting Fees Where Required.
(j)
Other Expenses. Expenses not specifically set forth in other subsections of this section that are incurred by an employee or an elected official
are allowable where deemed necessary in the conduct of City business; provided that such expenses have been reviewed and certified by the Department
head as reasonable and proper and incurred in pursuit of City business. Wherever the type of expenditure is not specifically listed in this section, the
employee or elected official should be prepared to absorb the cost as a personal expenditure in the event that such expense is not certified by the Department
head.
SECTION HISTORY
Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord No. 150,608, Eff. 4-6-78.
Sec. 4.242.4. Non-Reimbursable Travel Costs.
Expenditures which are incurred by an employee or elected official that are of a purely personal nature will not be reimbursed by the City.
(a)
vehicle);
Auto repairs, replacement or towage to personal vehicle when such use has been authorized (see established City procedures for repair to City
(b)
Flight insurance;
(c)
Personal telephone calls (except those specified in Section 4.242.3 (g) of this article);
(d)
Expenses for persons other than the employee or elected official, except as specified in Section 4.242.3 (b) 2.
SECTION HISTORY
Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff. 4-6-78.
Sec. 4.242.5. Expenses Not Involving Travel Exclusive of Contingent Expenses.
Employees or elected officials may be authorized to incur expenses within Los Angeles County provided they are incurred in the conduct of City business.
Conditions and approval of such expenses shall be in accord with the provisions of Section 4.242.3, and with applicable Charter requirements.
SECTION HISTORY
Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff. 4-6-78.
Amended by: Renumbered due to typo error by Ord. No. 150,957, Eff. 6-13-78, Oper. 4-17-78.
Sec. 4.242.6. Contingency Expense.
Contingency items are those expenses incurred by elected officials of the City of Los Angeles that would not be incurred by them if they were not an elected
official. Each expenditure shall be itemized indicating the date, purpose and amount of expenditure. All such expenses shall be certified as being for City public
purposes and incurred in the performance of the duties of the elected official. Conditions and approval of such expenses shall be in accord with the provisions of
Section 4.242.3, and with applicable Charter requirements.
SECTION HISTORY
Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No 150,608, Eff. 4-6-78.
Sec. 4.242.7. Documentation of Expenses.
All expenses claimed shall be listed on separate forms provided and used for required documentation of travel expense, non-travel related expenses, and
contingency expenses.
Completed travel expense forms shall be forwarded to the Controller within thirty (30) days of the conclusion of the trip. Non-travel related expenses and
contingency expense forms shall be submitted at least on a quarterly basis to coincide with the fiscal year.
The Department head shall certify that all expenditures were incurred in pursuit of City business. Falsification of such certification shall be grounds for
appropriate disciplinary action and such other sanctions provided by law.
Receipts shall be provided for transportation costs incurred under Section 4.242.3(a), lodging, and for any single item of expenditure in excess of $25.00.
Receipts for expenditures under $25.00 should be presented when available.
SECTION HISTORY
Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608. Eff. 4-6-78; Title, Ord. No. 169,134, Eff. 12-22-94.
Sec. 4.242.75. Documentation of Purpose and Benefit of Travel.
(a)
Any employee who travels or who attends a convention, the costs of either of which are paid in full or in part by the City, shall, within 30 days of
completion of the travel or convention, submit a report to his or her appointing authority summarizing the nature and purpose of the travel or convention and
describing the significant information gained and/or the benefits which will accrue to the City as a result.
(b)
An elected official shall not be subject to this requirement.
SECTION HISTORY
Added by Ord. No. 169,134, Eff. 12-22-94.
Sec. 4.242.8. Advances and Reimbursements of Funds.
Travel, non-travel and contingency expenses shall be subject to budget limitations for these items. Contingency expenses shall be on a reimbursable basis only.
The Controller shall advance, when in conformity with applicable Charter requirements, the amount of funds requested for these purposes upon certification by the
Department head that they will be incurred for City business. Requests for an advance for funds shall be submitted to the Controller, where feasible, at least ten (10)
days in advance of the beginning of the planned expenditure of funds and such request shall include the persons traveling, period covered, and the destination. In
addition, the request should state the purpose of the trip, the nature of the City business to be conducted on the trip, and the proposed total estimated expenditure.
Documentation of actual expenses incurred shall be submitted to the Controller in conformance with Section 4.242.7.
SECTION HISTORY
Art. 4, Ch. 5, Div. 1, repealed and re-enacted by Ord. No. 150,608. Eff. 1-6-78.
Sec. 4.242.9. Required Approval.
(a)
Advance Council approval shall be needed for foreign travel (except to Canada or Mexico) involving more than one City commissioner. A request for
such foreign travel shall be filed with the City Clerk for placement on the next available Council agenda.
(b)
All non-elected City officials and all other City employees shall notify the Mayor, the Chair of the Intergovernmental Relations Committee and the
Chief Legislative Analyst prior to any travel on City business to Sacramento or to Washington D.C.
SECTION HISTORY
Added by Ord. No. 169,134, Eff. 12-22-94.
Amended by: Subsec. (b) Amended, Subsec. (c) Repealed, Ord. No. 173,492, Eff. 10-10-00.
CHAPTER 6
VACATIONS – LEAVES OF ABSENCE
Article
1
Vacations
ARTICLE 1
VACATIONS
Section
4.244
4.245
4.245.1
4.246
4.247
4.248
4.249
4.250
4.251
4.252
4.253
4.254
4.255
4.256
Definitions.
Monthly Vacation Credit – Length of Vacation.
Length of Vacation – Non-represented Executive and Managerial Positions.
Deductible Absences.
Computation of Years of Service.
Cash Payment upon Separation from the Service.
Cash Payment upon Granting of Military Leave Other than Temporary Military Leave.
Time for Granting Vacations.
Layoff – Inclement Weather.
Vacations for Employees Engaged in Part-time Work.
Legal Holidays.
Accumulation of Vacations.
Adjustment of Vacation on Effective Date of Ordinance.
Non-applicability of Article.
Sec. 4.244. Definitions.
The words and terms defined in this section shall have the following meanings as used in this Article.
(a)
"City Service" or "Service with the City" means employment in any position with the City of Los Angeles, or any of its departments, bureaus
or offices, including any department having control of its own funds.
(b)
"Employee" means any person employed in City service, except those excluded by Section 4.256 of this Article, and includes officers of the
City.
(c)
"Service year" means each period of twelve (12) consecutive months and 2080 regular paid hours (non-overtime) of employment following an
employee's entrance or re-entrance into service with the City including any of its departments, or between any two anniversaries of such entrance or reentrance.
(d)
"Year of Service" means an aggregate period of twelve (12) months and 2,080 regular paid hours (non-overtime) for which an employee has
earned vacation credit, subject to deductions for absences as provided in Section 4.246 of this Article.
(e)
"Qualifying year" for a full time employee means the first period of twelve (12) consecutive months and 2,080 regular paid hours (nonovertime) of service for the City, after entrance or re-entrance into City service, subject to deductions for absences as provided in Section 4.246 of this
Article.
(f)
"Full Pay" means the amount of pay an employee would receive for the period during which the employee is away on vacation, if the
employee worked the days and hours prescribed for the position. Overtime pay shall not be included in such determination.
(g)
A half-time employee's qualifying year means the first period of twelve (12) consecutive months of service during which the employee was
compensated for at least 1,000 hours.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Subsec. (e), Ord. No. 119,319; Subsec. (e), Ord. No. 144,206, Eff. 1-10-73; Subsec. (b), Ord. No. 149,524, Eff. 4-22-77; Subsec. (e)1A., Ord. No. 157,222, Eff. 11-382; Subsec. (g), Ord. No. 165,482, Eff. 2-1-90; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; In Entirety, Ord. No. 181,780, Eff. 7-19-11; Subsec. (c), Ord. No. 182,204, Eff.
8-10-12.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date).
Sec. 4.245. Monthly Vacation Credit - Length of Vacation.
Each employee, excluding general managers, as defined in Section 4.321, and non-represented assistant general managers, who has completed his/her
qualifying year shall be entitled to the following number of vacation days with full pay, based on the number of years of City service completed, accrued and
credited at the rates indicated, subject to deductions for absences as provided in Section 4.246:
Years of Service Completed
1
5
13
14
15
16
17
18
19
25
Number of
Vacation Days
11
17
18
19
20
21
22
23
24
25
Monthly Accrual Rate
In Hours/Minutes
7.20
11.20
11.20
11.20
11.20
11.20
14.40
14.40
16.00
16.40
SECTION HISTORY
Based on Ord, No. 90,365.
Amended by: Ord. No. 129,656; Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-30; In Entirety, Ord. No 165,210, Eff. 9-21-89, Oper. 8-21-89; In Entirety, Ord. No. 170,101, Eff. 11-1794, Oper. 7-1-94; In Entirety, Ord. No. 170,864, Eff. 1-22-96, Oper. 7-1-94; In Entirety, Ord. No. 171,270, Eff. 9-10-96; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; In
Entirety, Ord. No. 172,175*, Eff. 8-28-98; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Ord. No. 176,952, Eff. 10-2-05, Oper. 7-1-05.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Hence, this section has been restored to appear as it did prior to adoption of Ord.
172,175 and any subsequent amendments thereto. An amending, clarifying ordinance is forthcoming.
Sec. 4.245.1. Length of Vacation - Non-Represented Executive and Managerial Positions.
(a)
General Managers, as defined in Section 4.321 of this Code, persons who receive an initial appointment to a non-represented position in the
Department of Water and Power exempted from Civil Service under Section 1001(a)(4)(9) and 1001(c) of the City Charter, and employees in the following nonrepresented classes and pay grades shall be entitled to vacation in accordance with Subsection (b) below:
Class Code
Class Title
0196
Assistant Chief Legislative Analyst
0011
Assistant City Administrative Officer
0160
Assistant General Manager Airports
9269
Assistant General Manager Los Angeles Fire and Police Pensions
1745
Assistant General Manager Personnel Department
1554
Chief Administrative Analyst
0403
Chief Executive Assistant to Mayor
1579
Chief Grants Administrator
9483
Chief Legislative Representative
0407
Chief of Staff, Mayor
1741
Chief Personnel Analyst
0408
Deputy Mayor
0017
Ethics Officer III
0556
Executive Assistant City Attorney
9720
Executive Director Department on Disability
0600
Executive Director Police Commission
0013
Executive Officer City Ethics Commission
1552-5
Finance Specialist V
9198-5
Financial Management Specialist V
0605
0601
0195
2334
1854
1714-3
0657
1620
Independent Assessor Fire Commission
Inspector General
Legislative Analyst V
Medical Director
PRIMA Program Manager
Personnel Director III
Physician III
Revenue Manager
(b)
Persons employed in the non-represented classes listed in Subsection (a) shall be entitled to the following number of vacation days with full pay
accrued and credited at the rates indicated, subject to deduction for absences as provided in Section 4.246 of the Los Angeles Administrative Code:
Years of Service Completed
Upon permanent appointment, with less than 15 years of job-related
work experience, as certified by the Personnel Department
Upon permanent appointment, with 15 or more years of job-related
work experience as certified by the Personnel Department
1 year in a class identified in Subsection (a)
2 years in a class identified in Subsection (a)
3 years in a class identified in Subsection (a)
4 years in a class identified in Subsection (a)
5 years in a class identified in Subsection (a)
Number of
Vacation
Hours
120
160
168
176
184
192
200
(c)
Employees who currently have or will receive a permanent appointment to a class listed in Subsection (a) who are accruing vacation at a higher rate
than the rate provided for by Subsection (b) shall continue to accrue at the higher rate.
(d)
Employees who currently have or will receive a permanent appointment to a class listed in Subsection (a) who are accruing vacation at a lower rate
than provided by Subsection (b) shall have their vacation accruals adjusted to be in conformance with Subsection (b). Such employees shall be credited with
additional vacation equal to the difference between the lower annual rate and the appropriate annual rate provided for in Subsection (b), in addition to accruing at
the higher monthly rate.
(e)
Persons who receive an initial appointment to the City in one of the classes listed in Subsection (a) shall receive the total number of vacation hours
provided for in Subsection (b), effective on the date of appointment. Monthly accrual for these employees shall be effective on the one-year vacation anniversary
date.
(f)
Persons who separate from City service prior to completing their initial year of City service will receive cash payment for any unused vacation hours
proportionate to the number of months worked in that service year. Employees must work the entire month in order for the month to be included in the calculation.
SECTION HISTORY
Added by Ord. No. 146,826, Eff. 12-30-74.
Deleted by Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96.
Reenacted by Ord. No. 171,270, Eff. 9-10-96. Amended by: In Entirety, Ord. No. 172,175*, Eff. 8-28-98; Title and Sec., Ord. No. 172,791, Eff. 9-3-99, Oper. 6-1-99; Subsec. a., Ord. No. 175,048, Eff. 1-23-03; Subsec. a., Ord.
No. 175,311, Eff. 7-5-03; Subsec. f. added, Ord. No. 176,518, Eff. 3-9-05; Subsec. a., Ord. No. 176,952, Eff. 10-2-05, Oper. 7-1-05; Subsec. a., Ord. No. 177,666, Eff. 7-1306; Ord. No. 178,161, Eff. 1-13-07; Ord. No. 178,176, Eff. 1-13-07; Subsec. a., Ord. No. 178,589, Eff. 4-20-07; Subsec. a., Ord. No. 178,814, Eff. 6-3-07; Subsec. a., Ord.
No. 178,986, Eff. 7-26-07; Ord. No. 179,994, Eff. 7-11-08; Ord. No. 180,006, Eff. 7-14-08; Ord. No. 180,334, Eff. 11-14-08; Subsec. a., Ord. No. 180,742, Eff. 6-16-09;
Subsec. a., Ord. No. 180,845, Eff. 8-24-09, Oper. 7-1-09; In Entirety, Ord. No. 181,782, Eff. 7-19-11.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date).
Sec. 4.246. Deductible Absences.
In computing the accrual of monthly vacation credits, as provided herein, deduction shall be made for:
1.
All absences without leave.
2.
That portion of absences in excess of:
(a)
An aggregate of 240 hours in any one service year, on leave for reasons personal to the employee.
(b)
An aggregate of 720 hours sick leave in any one service year.
(c)
An aggregate of 720 hours cumulating all absences on sick leave and all absences personal to the employee in any one service year.
3.
All uncompensated absences in excess of 360 hours of uncompensated time off during any one service year.
4.
All periods during any service year in which an employee is an intermittent employee as defined by Section 4.110(b) of this Code.
Provided, that no period of absence on leave with pay for the performance of ordered military duty shall be considered an absence for the purpose of this
Article.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 165,482 Eff. 2-1-90; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; In Entirety, Ord. No. 181,780, Eff. 7-19-11.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date).
Sec. 4.247. Computation of Years of Service.
(a)
In computing years of service under Section 4.245, each employee shall be credited with the qualifying year as the first year of service, and with each
subsequent year of service, since the occurrence of the latest of any one of the following events:
1.
Original entrance into City service.
2.
Re-entrance into City service after a layoff for lack of work, lack of funds, or abolishment of position, for a period extending beyond the date on
which the employee's name is removed from the reserve list under the provisions of Charter Section 1015.
3.
Re-entrance into City service after a suspension for cause in excess of six (6) months.
4.
Re-entrance into City service more than six (6) months after resignation from such service.
5.
Re-entrance into City service after discharge for cause.
(b)
For the purpose of computing years of service under this Section, vacation credits shall be deemed to have accrued during any period of military
service performed by an employee, the same as if such employee had remained in active City service, if the employee was entitled to reinstatement as a City
employee after such military service, and was in fact so reinstated.
(c)
Any employee who becomes, or heretofore became, a member of the classified service of the City under Charter Section 1021 shall be credited for
vacation purposes with years of employment by the municipality or district referred to in Section 1021, the same as if such employee had been in the service of the
City during the employee's employment by such municipality or district.
(d)
Any person who is or has been employed in the Fire Department of the City of Los Angeles as a sworn firefighter or any person who is or has been
employed in the Police Department as a sworn police officer, who resigns or has resigned from his position to accept an appointment to a position in a class in City
service other than the class of firefighter or police officer and who is not eligible for a pension under the provisions of Charter Sections 1300 et seq., 1400 et seq. or
1500 et seq., shall be credited for vacation purposes with the years of employment in the Fire Department or Police Department in the same manner as if such
person had been subject to the provisions of this Article during employment as a member of the Fire Department or Police Department.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 119,829; Subsec. (c) Repealed by Ord No. 155,667, Eff. 7-31-81, Oper. 7-1-81; Subsec. (e), Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83; In Entirely, Ord.
No. 172,175*, Eff. 8-28-98; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 181,783, Eff. 7-19-11.
* Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date).
Sec. 4.248. Cash Payment Upon Separation from the Service.
In the event any employee, after the completion of his qualifying year of service, becomes separated from the service of the city by reason of resignation,
discharge, retirement or death, or for any other reason, cash payment of a sum equal to all accrued, but unused, vacation, including vacation, for the proportionate
part of the service year in which the separation takes place, shall be made at the salary rate current at the date of said separation to the employee, his estate or any
person legally entitled to such payment under any law of this State; provided, however, that in the case of officers of the city, or any department thereof, who serve
for a term fixed by the Charter, or any other law, such vacation must be taken before the day on which such officer ceases to hold such office, and, after termination
of such term in any manner, he shall not be entitled to vacation time, or any compensation in lieu thereof.
Notwithstanding the above provisions, the Department of Water and Power may make a cash payment to a permanently disabled employee of a sum equal to
all accrued, but unused vacation, including vacation for the applicable, proportionate part of the service year in which the employee in that Department is
determined to be permanently and totally disabled and eligible for disability benefits pursuant to provisions of the Department of Water and Power Employees’
Retirement, Disability and Death Benefit Plan. Said payment shall be made upon the request of the disabled employee. Payment shall be made at the salary rate
current at the date the employee is determined to be permanently and totally disabled and eligible to receive disability benefits. Payment may be made to an
employee who was determined to be permanently and totally disabled prior to the effective date of this Section upon request of the disabled employee. Payment may
be made in the same manner to any employee of the Department of Water and Power who is absent from work for a continuous twelve month period due to an
industrial injury. The salary rate used shall be that rate in effect on the first date of the continuous absence. Payment may be made to an employee who was absent
due to an industrial injury for twelve or more consecutive months prior to the effective date of this section upon request of the employee.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 147,176, Eff. 5-8-75; Ord. No. 152,342, Eff. 6-16-79.
Sec. 4.249. Cash Payment upon Granting of Military Leave Other Than Temporary Military Leave.
In the event any employee, after the completion of his qualifying year of service, is granted a military leave under the provisions of the Military and Veterans
Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation time, including vacation time
accrued during the proportionate part of the service year in which such leave is granted, may be made to such employee at the salary rate current at the date of the
commencement of such leave. Before any payment as herein provided is made, such employee shall furnish to the head of his department two (2) certified copies of
his orders, one copy to be filed in the department in which he is employed and the other with the Controller, or in lieu thereof he shall furnish to such appointing
authority upon forms provided by the Controller certified evidence of his entry into the armed forces of the United States and the date thereof: provided, however,
that presentation of the proof required under Section 4.123 of this Code may be deemed proof under this section for the same military leave. Any certification
required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional
evidence as is satisfactory to him of the entry of such employee into active service in such armed forces.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 100,536.
Sec. 4.250. Time for Granting Vacations.
(a)
Each officer or Board or other appointing authority shall assign vacations and may establish and maintain a vacation schedule for each year, giving due
regard in each case to the request of the employee, subject, however, to the right of such appointing authority to plan work under his, or its, control and to approve
and assign vacations when the employee can be reasonably spared; provided, that when such appointing authority notwithstanding an employee’s request, has failed
or refused to assign a vacation prior to the time necessary to prevent expiration of any unused portion of accrued vacation credit, such employee may absent himself
without penalty so as to avoid losing any vacation credit. Upon the approval of such appointing authority, any accrued and credited vacation time computed
pursuant to Section 4.245 may be taken in increments of less than a full vacation, but not less than one (1) day, except for the reasons set forth in Section 4.112 of
this Code.
(b)
Each department, office or bureau shall furnish the Controller a detailed record of vacation taken. The record shall include the name of the employee,
the class, and the number of days or hours and the dates when vacation is taken. The Controller shall maintain for each department, office or bureau the balance of
vacation remaining to be taken.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No. 146,826 adds Subsec. (c), 12-30-74; Ord. No. 148,209, Eff. 4-9-76; Subsec. (c) Deleted, Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.251. Layoff – Inclement Weather.
Except in the first service year any employee laid off for less than fifteen (15) consecutive days, or precluded from working by inclement weather which
prevents normal performance of duty followed by re-employment by the city, shall be considered to be on leave without pay for such period. This applies only for
the purpose of determining vacation rights.
SECTION HISTORY
Based on Ord. No. 90,365.
Sec. 4.252. Vacations for Employees Engaged in Part-time Work.
(a)
A half-time employee, as defined by Section 4.110(a) of this Code, is entitled to the same vacation benefits as a full-time employee; provided,
however, that pay for such vacation shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours
required for full-time employment in the class of position.
(b)
When a half-time employee becomes a full-time employee or when a full-time employee becomes a half-time employee and such employee is not
otherwise disqualified, all accrued and accumulated vacation time for which he/she has been credited up to the date of such change of work schedule shall remain
credited to the employee in the amounts so accrued and accumulated without increase or decrease because of the change of work schedule. When a full-time or halftime employee becomes an intermittent employee all accrued and accumulated vacation time for which the employee has been credited as of the date of the change
of status shall, at the option of the employee, either be:
(1)
compensated in cash, in a lump sum, or
(2)
frozen without increase or decrease to be made available if the employee becomes full-time or half-time; provided, however, an employee who
has elected to freeze the accruals may request a lump sum cash payment at a subsequent date.
If a full-time or half-time employee becomes an intermittent employee prior to completing a qualifying year, and returns to full-time or half-time status
without break in service, all time previously served as a full or half-time employee shall be credited toward the qualifying year. Time served as an intermittent
employee shall not be credited toward such qualifying year.
(c)
Intermittent employees as defined by Section 4.110(b) of this Code shall not be entitled to accrue or use vacation benefits, except, however, any
employee who prior to the effective date of this ordinance had qualified for vacation benefits shall be entitled to continue to accrue and use such benefits, as long as
such employee does not have a break in service.
SECTION HISTORY
Based on Ord. 90,365.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Title and Section, Ord. No. 165,482, Eff. 2-1-90.
Sec. 4.253. Legal Holidays.
When a legal holiday falls on a regular working day within a vacation period, the legal holiday shall not be included in the computation of such vacation, but
the employee shall be granted additional day’s vacation with full pay equal to the number of such holidays.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83.
Sec. 4.254. Accumulation of Vacations.
Upon the approval of the appointing power any employee may be permitted to accumulate vacations for not to exceed two (2) annual vacation periods, and all
accumulated in excess of such amount shall be deemed waived and lost.
SECTION HISTORY
Based on Ord. No. 90,365.
Sec. 4.255. Adjustment of Vacation on Effective Date of Ordinance.
Upon July 1, 1965, each employee of the City shall be credited with the number of his years of service computed, under this article, as amended, and shall
retain his vacation credits which have accrued prior to such date, and for each of the twelve (12) months preceding July 1, 1965, each such employee shall be
credited with that portion of the vacation credits under Section 4.245 hereof, in excess of those credits already accrued as to such period to which he shall have been
entitled had the provisions of Section 4.245 been in effect during such preceding twelve (12) months. Other than as provided in this section, no additional vacation
credit shall accrue or be credited for periods of service of any employee prior to July 1, 1965.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 129,656.
Sec. 4.256. Non-Applicability of Article.
Except as provided in Subsection (e) of Section 4.247, and Subsection (d) of Section 4.172, none of the provisions of this article shall apply to any person
employed in the Fire Department of the City of Los Angeles who has been duly and regularly appointed under civil service rules and regulations to perform the
duties of a regular fireman, or to any person employed in the Police Department of the City of Los Angeles who has been appointed under civil service rules and
regulations and sworn in as provided by law to perform the duties of a regular police officer.
None of the provisions of this article shall apply to persons who are workmen, mechanics or craftsmen (including foremen) employed exclusively as such on
the construction of public works, improvements or buildings who occupy positions exempt from the provisions of Article X of the Charter of the City of Los
Angeles pursuant to Section 1001 thereof and on account of whom the City makes contributions to any union, person or entity which provides vacation benefits for
said person equivalent to not less than two weeks of vacation with full pay for each year of service completed by said person. As to such workmen, mechanics or
craftsmen on account of whom the City makes contributions to any union, person or entity which provides vacation benefit of less than two weeks the City shall
provide additional vacation benefits to insure that said persons receive benefits which, when combined with such other benefits, total not less than two weeks of
vacation with full pay for each year of service completed by said person.
SECTION HISTORY
Based on Ord. No. 90,356.
Amended by: Ord. No. 138,084; Ord. No. 138,460, Eff. 4-7-69; Para. 2 added by Ord. No. 149,523, Eff. 4-22-77; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Article
1
2
3
4
5
6
7
8
9
9.5
10
11
Officers
Wages and Salaries – General
Performance Security
Suggestion Award Program
Administration of Employee Benefit Programs
Training and Tuition Reimbursement Programs for City Employees
Compensation and Merit Pay Plan for General Managers
Temporary Loan of Employees Among City Departments, Offices or Bureaus
Non-discrimination in Employment
Investigation of Complaints of Discrimination and Sexual Harassment Against City Officials
Employment of Chief Administrative Officers
Rights of Employees Who Contact or Are Contacted by the Inspector General of the Police Commission
ARTICLE 1
OFFICERS
Sec. 4.276. The Term “Officer.”
SECTION HISTORY
Based on Ord. No. 114,957.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.277. Officers of the City.
SECTION HISTORY
Based on Charter, Sec. 5.
Repealed by Ord. No. 172,845, Eff. 11-4-99, Oper. 7-1-00.
Sec. 4.278. Elected Offices – Vacancies.
SECTION HISTORY
Added by Ord. No. 156,354, Eff. 4-2-82.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 2
WAGES AND SALARIES – GENERAL
Sec. 4.279. Prevailing Wage.
SECTION HISTORY
Based on Charter, Sec. 425.
Amended by: Ord. No. 154,252, Eff. 9-11-80; First unnumbered para. repealed, Ord. No. 158,965, Eff. 6-30-84.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.280. Duties of Council.
SECTION HISTORY
Based on Charter, Sec. 33.
Amended by: Ord. No. 150,582, Eff. 3-24-78, Oper. 4-1-78.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.281. Council to Fix Salaries.
SECTION HISTORY
Based on Charter, Sec. 66.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.282. Fixed Salaries.
SECTION HISTORY
Based on Charter, Sec. 67.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.283. Retention of Fees.
SECTION HISTORY
Based on Charter, Sec. 68.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.286. Elected Officers Salaries.
SECTION HISTORY
Based on Charter, Sec. 65.6.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 3
PERFORMANCE SECURITY
Section
4.288
4.288.1
4.288.2
4.288.3
4.289
Performance Security Required.
Other Performance Security.
Term of Performance Security.
Types of Performance Security and Premiums.
Report to Council.
4.290
4.291
Approval and Filing of Performance Security.
Liability on Performance Security.
Sec. 4.288. Performance Security Required.
(a)
Performance security shall be required for:
The City Controller in the amount of $500,000.00;
The Director of Finance in the amount of $500,000.00;
The City Treasurer in the amount of $500,000.00; and
The Purchasing Agent in the amount of $500,000.00.
(b)
No performance security shall be required of the Mayor or members of the Council.
SECTION HISTORY
Based on Ord. No. 68,253.
Amended by: Ord. No. 88,135; Title and section, Ord. No. 166,858, Eff. 5-6-91; Ord. No. 173,303, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.288.1. Other Performance Security.
Performance security may be acquired for other officers and employees of the City of Los Angeles in a form and amount determined by the Director of the
Office of Administrative and Research Services and approved by the City Controller. The determination to acquire performance security shall be accompanied by written findings showing the following has been accomplished:
(a)
The availability and cost of a blanket performance security for all city officers and employees have been investigated.
(b)
An analysis has been made as to whether the specific positions for which performance security is being acquired have access to large amounts
of money or have a high potential for loss of money or property in the event of fraud or dishonest acts. Particular attention should be made to positions in the
offices of the City Controller, City Treasurer, Office of Finance, Purchasing Agent and the Police Department.
(c)
At least three (3) insurers shall have been contacted to ascertain the availability and cost of performance security.
(d)
An analysis shall have been made of the cost of performance security showing that the cost is compatible with the benefit to the City.
SECTION HISTORY
Added by: Ord. No. 166,858, Eff. 5-6-91.
Amended by: Ord. No. 173,303, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.288.2. Term of Performance Security.
The bond of the City Controller shall commence on his or her taking office and continue through the term of office. The respective bonds of the Director of
Finance, Treasurer and Purchasing Agent shall commence on his or her taking office and continue for so long as he or she remains in office, provided that this
performance security may be for the term of one (1) year and shall be renewed or replaced each year thereafter. All other performances security shall be for the
term of one (1) year or longer.
SECTION HISTORY
Added by: Ord. No. 166,858, Eff. 5-6-91.
Amended by: Ord. No. 173,303, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.288.3. Types of Performance Security and Premiums.
Performance security required by Section 4.288 shall be in the form of a faithful performance bond.
Performance security authorized under Section 4.288.1 may be in the form of a faithful performance bond, an honesty bond or similar insurance which is
commercially available.
Self insurance may be used as a portion of or in lieu of performance security if:
(a)
performance security cannot be secured from an insurer or
(b)
the cost of performance security is excessive for the risk involved, as documented in a written analysis by the Director of the Office of
Administrative and Research Services and approved by the City Controller.
Premiums for performance security shall be paid by the City from the General City Purpose account.
SECTION HISTORY
Added by: Ord. No. 166,858, Eff. 5-6-91.
Amended by: Ord. No. 173,303, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.289. Report to Council.
The Director of the Office of Administrative and Research Services, with the concurrence of the City Controller, shall report to the City Council whenever
performance security required pursuant to Section 4.288(a) is commercially unavailable or the cost is not compatible with the benefit to the City, necessitating the
need for the City to either partially or fully self insure the required performance security.
SECTION HISTORY
Based on Ord. No. 68,253.
Amended by: Ord. No. 88,135; Ord. No. 149,965, Eff. 8–22–77; Title and section, Ord. No. 166,858, Eff. 5-6-91; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.290. Approval and Filing of Performance Security.
All performance security shall be approved by the City Attorney as to form, and shall be filed with and remain in the keeping of the City Clerk. It shall be the
duty of the Director of the Office of Administrative and Research Services, with the approval of the Controller, to make recommendations to the Council
concerning any changes or action necessary in the City’s interest in relation to any performance security.
SECTION HISTORY
Based on Charter, Sec. 69.
Amended by: Title and section, Ord. No. 166,858, Eff. 5-6-91; Ord. No. 173,303, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.291. Liability on Performance Security.
In all cases where there is performance security for an officer or employee of the City, there shall be no personal liability upon, or any right to recover against
his or her superior officer or employee, or any other officer or employee of the City, nor shall there be any liability or right of recovery upon the performance
security of his or her superior officer, or of any other officer or employee, for any defalcation by said employee. Liability and right of recovery shall be solely upon
and against the official or employee and his or her performance security unless his or her superior officer or employee or any other officer or employee is a party to
the wrongful act or has conspired with the officer or employee, causing directly or indirectly any loss.
SECTION HISTORY
Based on Charter, Sec. 69.1.
Amended by: Title and section, Ord. No. 166,858, Eff. 5-6-91.
ARTICLE 4
SUGGESTION AWARD PROGRAM
Section
4.294
4.295
4.296
4.297
4.298
4.299
4.300
Purposes.
Approved Suggestion Plans.
Duties of the General Manager, Personnel.
Suggestion Defined.
Eligible Employees.
Certificate of Commendation.
Monetary Awards.
Sec. 4.294. Purposes.
There is hereby established a city-wide Suggestion Award Program to encourage employees to submit suggestions for the improvement of city services, or for
the reduction of the cost thereof, and to provide for suitable awards for such suggestions. The Suggestion Award Program shall be comprised of the approved
suggestion plans of the eligible participating departments. These plans shall be coordinated by the various departments with advice and assistance from the General
Manager of the Personnel Department.
SECTION HISTORY
Based on Ord. No. 126,506.
Amended by: Ord. No. 167,906, Eff. 6-13-92
Sec. 4.295. Approved Suggestion Plans.
Before the employees of a department may participate in the Suggestion Award Program, the department must adopt a suggestion plan and obtain approval for
such plan from the General Manager of the Personnel Department. All suggestion plans shall provide for the establishment of a board, or, where appropriate, the
designation of an individual to receive, process and evaluate suggestions made by employees of the department. If a suggestion involves more than one department,
the board or individual shall forward the suggestion to the other appropriate department(s) for evaluation. Suggestions which are not eligible for a cash award but
which are deemed worthy of recognition may be recognized by a certificate of commendation issued by the department.
SECTION HISTORY
Based on Ord. No. 126,506.
Amended by: Ord. No. 167,906, Eff. 6-13-92
Sec. 4.296. Duties of the General Manager, Personnel.
The General Manager of the Personnel Department shall develop standards and rules to administer the Suggestion Award Program and shall assist the
departments in establishing and conducting their individual suggestion plans.
SECTION HISTORY
Based on Ord. No. 126,506.
Amended by: Ord. No. 167,906, Eff. 6-13-92
Sec. 4.297. Suggestion Defined.
(a)
A suggestion is a constructive proposal which makes possible the reduction, elimination or avoidance of the expenditure of public funds, or which
results in improvement in the operation of a City department.
(b)
article.
(c)
All suggestions which accomplish or tend to accomplish any of the following objectives shall be considered suggestions within the meaning of this
1.
The saving of time, labor, space, material or supplies;
2.
The improvement of service to the public;
3.
The improvement of methods and procedures resulting in increased output or efficiency, or both;
4.
The improvement of safety conditions;
5.
The improvement of tools and equipment;
6.
The elimination of unnecessary procedures, records and forms.
The following suggestions are not eligible for awards under the Suggestion Award Program:
1.
Suggestions which call attention to a problem but do not suggest a solution;
2.
Suggestions dealing with terms and conditions of employment;
3.
Suggestions which are within the scope of the normal job responsibilities of the suggester;
4.
Suggestions which are not original with the suggester, or which are submitted for another employee who would be ineligible because the
suggestions would be within the scope of his or her normal responsibilities;
5.
Suggestions which are essentially duplicative of suggestions submitted within the preceding 24 month period;
6.
Suggestions which were not submitted to the department’s suggestion programs on the required form within two years of the date of
implementation of the suggestion.
SECTION HISTORY
Based on Ord. No. 126,506.
Amended by: Para. 6., not eligible for Awards added, Ord. No. 164,893, Eff. 7-2-89; Ord. No. 167,906, Eff. 6-13-92.
Sec. 4.298. Eligible Employees.
All employees of any department, which has adopted a suggestion plan under the provisions of this article, shall be eligible for awards, except:
1.
Department, Bureau and Division Managers;
2.
Employees of the Director of the Office of Administrative and Research Services;
3.
Employees of the Chief Legislative Analyst;
4.
Employees whose principal duties and responsibilities consist of research or development, or the analysis of methods and procedures of a
department for the purpose of determining what improvements can be made therein;
5.
Employees administering the Suggestion Award Program or departmental suggestion plans.
SECTION HISTORY
Based on Ord. No. 126,506.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.299. Certificate of Commendation.
Each suggestion which is adopted by a department but which is not eligible for a monetary award may carry with it an award of Certificate of Commendation
as provided under Section 4.295 of this article.
SECTION HISTORY
Based on Ord. No. 126,506.
Sec. 4.300. Monetary Awards.
(a)
A monetary award of 25% of the estimated first year net savings, up to a maximum of $50,000.00, shall be given for any suggestion with an estimated
net savings of $100.00 or more in the first year. There shall be no monetary award for suggestions with an estimated net savings of less than $100.00 in the first
year.
(b)
A “$100.00 monetary award” may be granted if the departmental suggestion committee and the department head find that implementation of a
suggestion would result in a significant, although monetarily immeasurable, improvement in methods, services, safety or employee morale. The “$100.00
monetary award” shall be a sum of money which, after deducting applicable taxes, leaves a net cash remainder of $100.00 to be paid to the suggester.
(c)
For purposes of this article, estimated net savings in the first year is defined as the savings directly attributable to the suggestion during the first year
that the suggestion is in effect, less the estimated first year costs, amortized, if appropriate, of placing the suggestion into effect.
SECTION HISTORY
Based on Ord. No. 126,506.
Amended by: Ord. No. 140,460, Eff. 7-12-70; Ord. No. 141,459, Eff. 2-22-71; Ord. No 154,690, Eff. 1-9-81; In Entirety, Ord No. 164,893, Eff. 7-2-89; Ord. No. 167,906, Eff. 6-1392.
ARTICLE 5
ADMINISTRATION OF EMPLOYEE BENEFIT PROGRAMS
(Art. 5 Title, Amended by Ord. No. 165,469, Eff. 2-25-90.)
Section
4.302
4.303
4.304
4.305
4.306
4.306.1
4.306.2
4.306.3
4.306.4
4.307
4.307.1
4.307.2
4.307.4
4.307.5
4.308
4.310
Non-discrimination in Employment Benefits (Charter § 1024).
Joint Labor-Management Benefits Committee and Personnel Department Responsible For Programs.
Call for Proposals – Negotiation.
Requirements of Plans for Benefits to Which the City Is Not a Party.
Authorization to Expend Funds.
Authorization to Expend Funds – Fire Department.
Authorization to Expend Funds – Police Department.
City Contribution for Dental Plan Costs.
Continuation of Dental Plan Premium Subsidy During Family or Medical Leave– Non-represented Employees.
City Contributions to Health Plan Costs.
Continuation of Health Plan Premium Subsidy During Family or Medical Leave– Non-represented Employees.
City Contribution to Employee Assistance Program.
Life Insurance for Non-represented Executive and Managerial Positions.
Benefits Determinations for Sworn General Managers.
Officers and Employees of Departments Having Control of Their Own Funds.
Reimbursement to Specified Employees of Moneys Paid as Premiums for Part B (Medical Insurance) Medicare Coverage.
Sec. 4.302. Non-discrimination in Employment Benefits (Charter § 1024).
(a)
The City of Los Angeles shall not discriminate in the provision of any employee benefit between employees with spouses and employees with
domestic partners.
(b)
Except with respect to retirement-based benefits, any employee who claims a domestic partner for the purpose of the provision of any benefit provided
by the City shall complete a confidential affidavit to be filed with the Employee Benefits Office, Personnel Department, which shall be signed by the City employee
and the domestic partner declaring the existence of a domestic partnership between them. Any employee who claims a domestic partner for the purpose of the
provision of any retirement-based benefit provided by any of the City’s retirement systems shall complete a similar affidavit and file it with the appropriate
department.
SECTION HISTORY
Added by Ord. No. 172,941, Eff. 1-21-00, Oper. 7-1-00.
Sec. 4.303. Joint Labor-Management Benefits Committee and Personnel Department Responsible For Programs.
The City’s Joint Labor-Management Benefits Committee shall recommend and the Personnel Department shall maintain and administer, on behalf of the City
of Los Angeles, suitable employee benefit programs, as authorized by the City Council, for officers and employees of the City of Los Angeles who are eligible for
benefits through membership in either the Los Angeles City Employees’ Retirement Systems (LACERS), provided for in Sections 1150 - 1170 of the Charter of the
City of Los Angeles, or the Fire and Police Pension System, provided for in Sections 1200 - 1630 thereof.
Notwithstanding any other provisions of this Code, members of the Safety Members Pension System, provided for in Sections 1500 - 1630 of the City Charter,
shall be entitled to a health insurance subsidy while undergoing training.
SECTION HISTORY
Based on Ord. No. 131,678.
Amended by: Ord. No. 135,227, Ord. No. 150,071, Eff. 8-31-77; Ord, No. 153,053, Eff. 11-24-79; In Entirety, Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83; In Entirety, Ord. No.
165,469, Eff. 2-25-90; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Sec. 4.304. Call for Proposals – Negotiation.
The Personnel Department shall call for proposals and negotiate on the basis of the lowest and best proposals for suitable employee benefit programs, pursuant
to Section 4.303 of this article, and execute on behalf of the City of Los Angeles such contracts as are necessary for carrying out the employee benefit programs.
SECTION HISTORY
Based on Ord, No. 131,678.
Amended by: Ord. No. 135,227; In Entirety, Ord. No. 165,469, Eff. 2-25-90.
Sec. 4.305. Requirements of Plans for Benefits to Which the City is Not a Party.
The Personnel Department shall also approve plans for such benefits to which the City is not a party if the same meets the following requirements.
(a)
The plan is contracted for or operated by an organization whose membership is exclusively or largely employees of the City, and whose purpose
includes the provision of benefits to City Employees.
(b)
The plan is one which was available through the employee organization to employee members on July 1, 1960, or it is clearly a successor to
such a plan.
(c)
Premiums are payable by payroll deduction and were payable to the plan or the predecessor plan by payroll deduction on July 1,1960;
(d)
The plan offers a reasonable value of medical and hospital benefits for the premiums schedule;
(e)
No profit accrues to the sponsoring organization through the operation of the plan.
SECTION HISTORY
Based on Ord. No. 131,678.
Amended by: Ord. No. 135,227.
Sec. 4.306. Authorization to Expend Funds.
From funds appropriated for the purpose, the Personnel Department is hereby authorized to expend toward a portion or all of the costs of any benefit program
which the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections 4.303.
4.304, and 4.305 of this article the sum specified in Section 4.307 or the cost to the officer or employee for himself and dependants, if any, whichever is less for
each officer or employee of the City of Los Angeles, as specified in Sections 4.303, 4.304 and 4.305 hereof, except as provided in Section 4.306.1 of this article for
sworn members of the Fire Department and Section 4.306.2 of this article for sworn members of the Police Department. Payment may be made by the Department of
Personnel directly to the persons, firms, associations or corporations furnishing such benefits, or at the discretion of the Personnel Department to sponsoring groups,
associations, organizations, or corporations who have contracted for or provide such benefits. Such payment may be made by the Controller as part of any salary
payroll deduction when so authorized by the Personnel Department.
SECTION HISTORY
Based on Ord. No. 131,678.
Amended by: Ord. No. 137,466; Ord. No. 138,673, Eff. 5-21-69; Ord. No. 140,308, Eff. 4-24-70; Ord. No. 142,735, Eff. 12-22-71, Oper. 4-1-72; Ord. No. 145,054, Eff. 8-31-73;
Ord. No. 146,382, Eff. 8-29-74, Oper. 7-7-74, Ord. No. 146,398, Eff. 8-31-74; Ord. No. 146,659, Eff. 10-24-74, Oper. 7-7-74; Ord. No. 147,604, Eff. 8-20-75; Ord. No.
148,590, Eff. 7-16-76.
Sec. 4.306.1. Authorization to Expend Funds – Fire Department.
Notwithstanding any other provision of this article, the Personnel Department is authorized to expend funds on behalf of any member of the Fire Department as
defined in Section 4.181, toward a portion of all of the cost of a health insurance program for the member and the member’s dependent or dependents, if any. Such
expenditures are authorized for any health insurance program the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles
or approve pursuant to the authority of Sections 4.303, 4.304 and 4.305 of this article. The Personnel Department is authorized to expend the sum specified in
Section 4.307 or the cost to the member for himself and dependents, if any, whichever is less. Payments may be made as provided by Section 4.306.
SECTION HISTORY
Added by Ord. No. 146,398, Eff. 7-29-74.
Amended by: Ord. No. 147,605, Eff. 8-20-75; Ord. No. 148,590, Eff. 7-16-76.
Sec. 4.306.2. Authorization to Expend Funds – Police Department.
Notwithstanding any other provision of this article, the Personnel Department is authorized to expend funds on behalf of any member of the Police Department
as defined in Section 4.181, toward a portion or all of the cost of health insurance program for the member and the member’s dependent or dependents, if any. Such
expenditures are authorized for any health insurance program the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles
or approve pursuant to the authority of Sections 4.303, 4.304 and 4.305 of this article. The Personnel Department is authorized to expend the sum specified in
Section 4.307 or the cost to the member for himself and dependents, if any, whichever is less. Payments may be made as provided by Section 4.306.
SECTION HISTORY
Added by Ord. No. 146,397, Eff 7-31-74.
Amended by: Ord. No. 147,606, Eff. 8-20-75; Ord. No. 148,590, Eff. 7-16-76.
Sec. 4.306.3. City Contribution for Dental Plan Costs.
(a)
The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of a dental benefit program for each full-time
unrepresented officer or employee of the City of Los Angeles including unrepresented sworn members of the Police and Fire Departments; provided, however, that
non-represented sworn members of the Los Angeles Police Department may elect, in lieu of the City-sponsored dental plan, to have contributed by the City on their
behalf the monthly sum necessary to cover the cost of the dental plan sponsored by the Los Angeles Police Protective League or the Los Angeles Police Relief
Association Dental Plan in an amount not to exceed that provided for the City-sponsored plan.
(b)
The Personnel Department is authorized to expend for each half-time employee following the effective date of this subsection, a monthly sum
equivalent to one half of the employee only coverage of the most expensive plan under the City-sponsored Dental Program.
A half-time employee, who prior to the effective date of this subsection, was receiving the full employee only subsidy shall continue to receive the full
employee only subsidy as long as such employee does not have a break in service.
SECTION HISTORY
Added by Ord. No. 148,193, Eff. 4-1-76, Oper. 4-1-76.
Amended by: Ord. No. 150,272, Eff. 11-3-77, Oper. 10-1-77; Title and entire section, Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80; In Entirety, Ord. No. 165,482, Eff. 2-1-90.
Sec. 4.306.4. Continuation of Dental Plan Premium Subsidy During Family or Medical Leave– Non- Represented Employees.
For non-represented employees on a Family or Medical Leave pursuant to the provisions of Section 4.129 of this Code, the Personnel Department is hereby
authorized to expend the monthly premium subsidy necessary to cover the cost of continuing the dental plan benefit for non-represented employees of the City who
are enrolled in a City dental plan prior to the beginning of the leave. Employees shall be eligible for the continuation of the monthly premium subsidy while on a
Family or Medical Leave in accordance with Section 4.129; however, for any unpaid portion of a Family or Medical Leave, the dental plan subsidy shall be
continued for a maximum of four months (nine pay periods.)
SECTION HISTORY
Added by Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89.
Amended by: In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Section Title and Section In Entirety, Ord. No. 179,999,
Eff. 7-11-08, Oper. 7-1-07.
Sec. 4.307. City Contributions to Health Plan Costs.
(a)
Represented Employees. The amount of City contribution to health plan costs for employees in representation units shall be in accordance with the
various Memoranda of Understanding approved and implemented by the City Council.
(b)
Non-Represented Full-Time Employees. The City shall contribute for each full-time employee who is a member of the Los Angeles City Employees'
Retirement System (LACERS) a monthly subsidy equal to the cost of his/her City-sponsored medical plan, as determined by the Personnel Department in
accordance with Section 4.303, not to exceed the Kaiser family rate ("maximum monthly health care subsidy"). Adjustments in this monthly subsidy shall be
effective the beginning of the pay period in which the Kaiser yearly premium rate change is implemented. The amount of the adjusted subsidy shall be certified by
the General Manager Personnel Department to the Controller.
Effective January 1, 2013, non-represented, full-time employees shall pay five percent (5%) of their monthly medical plan premium on a biweekly basis when
the amount of their monthly premium for the City-sponsored medical plan in which they are enrolled is equal to or less than the amount of the City's maximum
monthly health care subsidy.
Effective January 1, 2013, in the event that non-represented, full-time employees are enrolled in a City-sponsored medical plan that has a monthly premium
that exceeds the City's maximum monthly subsidy, then such employees shall pay on a biweekly basis the total of the difference between the cost of their monthly
medical plan premium and the City's maximum monthly health care subsidy, plus five percent (5%) of the City's maximum monthly health care subsidy.
The amount of the City's contribution which is applied toward the coverage of the dependents of an employee enrolled in both Part A and Part B of Medicare
shall not exceed that amount which may be applied toward the coverage of the dependents of an employee not enrolled in both Part A and Part B of Medicare and
covered by the same health, medical or hospital benefit program.
The amounts provided for the City's health insurance contribution shall be applied first to the employee's health insurance coverage with any balance applied
toward the coverage of the employee's dependents under the same plan.
(c)
Non-Represented Half-Time Employees. The City shall contribute for each half-time employee (as defined by Section 4.110 of this Code) a monthly
subsidy, not to exceed the Kaiser employee-only rate, toward the cost of his/her City-sponsored medical plan. Adjustments in this monthly subsidy shall be
effective at the beginning of the pay period in which the Kaiser Permanente yearly premium rate change is implemented.
Effective January 1, 2013, half-time employees who are members of LACERS and are enrolled in a City-sponsored medical plan shall pay five percent (5%) of
the monthly Kaiser employee-only rate on a biweekly basis, when the cost of their medical plan is at or below the amount of the Kaiser employee-only rate. When
the cost of their medical plan is greater than the Kaiser employee-only rate, then such employees shall pay on a biweekly basis the total of the difference between
the cost of their monthly medical plan premium and the Kaiser employee-only rate, plus five percent (5%) of the Kaiser employee-only rate.
A half-time employee who, prior to January 23, 1990, was receiving the same subsidy as full-time employees, shall continue to receive that subsidy and shall
be eligible to receive any adjustments provided in subsection (b), as long as such employee does not have a break in service. In addition, such employees shall
contribute five percent (5%) toward the cost of their health care premium as described above for full-time employees.
The City will apply the subsidy first to the employee's coverage. Any remaining balance will be applied toward the coverage of the employee's dependents
under the plan.
Employees who transfer from full-time to half-time under the provisions of Section 4.129, Family and Medical Leave, shall continue to receive the same
subsidy as full-time employees and be subject to the required employee contribution toward the cost of their health care premium as described in this section. (d)
2013 Plan Year - Anthem Blue Cross Full-Network HMO Option. Notwithstanding subsections (b) and (c) above, which pertain to monthly
medical plan subsidies and employee premium costs for non-represented full-time and half-time employees, respectively, each employee who chooses the Anthem
Blue Cross Full-Network HMO option for the 2013 plan year shall be required to pay the difference between the monthly subsidy paid by the City for the Anthem
Blue Cross Select-Network HMO and the Anthem Blue Cross Full-Network premium for the coverage level selected, as calculated by the Personnel Department.
The employee premium costs provided under this subsection shall be in addition to any percentage of the healthcare premium paid by the employee in
accordance with subsections (b) and (c) above.
SECTION HISTORY
Based on Ord. No. 13,678.
Amended by: Ord. No. 137,446; Ord. No. 138,673, Eff. 5-21-69; Ord. No. 140,308, Eff. 4-24-70; Ord. No. 142,735, Eff. 12-22-72, Oper. 4-1-72; Ord. No. 145,054, Eff. 8-31-73;
Ord. No. 146,274, Eff. 7-10-74, Oper. 7-7-74; Ord. No. 146,396, Eff. 7-31-74, Oper. 7-7-74 except for Police and Fire Depts. which are Oper 7-21-74; Ord. No. 147,603,
Eff. 8-20-75; Ord. No. 147,672, Eff. 9-8-75; Ord. No. 148,785, Eff. 9-6-76, Oper. 8-14-76; Ord. No. 148,588, Eff. 7-16-76, Oper. 8-14-76; Ord. No. 148,785, Eff. 9-6-76,
Oper. 8-28-76; Ord. No. 148,785, Eff. 9-6-76, Oper. 8-28-76; Ord. No. 150,272, Eff. 11-3-77, Oper. 10-22-77; Ord. No. 150,272, Eff. 11-3-77, Oper. 11-4-78; Ord. No.
150,764, Eff. 5-26-78, Oper. 10-8-78; Ord. No. 152,543, Eff. 7-3-79, Oper. 7-15-79; Ord. No. 154,343, Eff. 7-1-80, Oper. 7-1-80; Ord. No. 155,667, Eff. 7-31-81, Oper. 7-181; In Entirety, Ord. No. 158,643, Eff. 2-24-84, Oper. 1-1-84; In Entirety, Ord. No. 165,482, Eff. 2-1-90; In Entirely, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94;
Subsecs. (b) and (c), Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Subsecs. (b) and (c), Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 182,211, Eff. 8-10-12;
Subsec. (d) Added, Ord. No. 182,320, Eff. 11-29-12.
Sec. 4.307.1. Continuation of Health Plan Premium Subsidy During Family or Medical Leave– Non-Represented Employees.
For non-represented employees on a Family or Medical Leave pursuant to the provisions of Section 4.129 of this Code, the Personnel Department is hereby
authorized to expend the monthly premium subsidy necessary to cover the cost of continuing the health plan benefit for non-represented employees of the City who
are enrolled in a City health plan prior to the beginning of the leave. Employees shall be eligible for the continuation of the monthly premium subsidy while on a
Family or Medical Leave in accordance with Section 4.129; however, for any unpaid portion of a Family or Medical Leave, the health plan subsidy shall be
continued for a maximum of four months (nine pay periods), except while an employee is on a Pregnancy Disability Leave absence (up to four months) then the
City's health plan subsidy shall be continued for her pregnancy health coverage in compliance with the provisions of SB 299 and AB 592 enacted in 2011.
SECTION HISTORY
Added by Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89.
Amended by: In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Section Title and Section In Entirety, Ord. No. 179,999,
Eff. 7-11-08, Oper. 7-1-07; Last Sentence, Ord. No. 182,211, Eff. 8-10-12.
Sec. 4.307.2. City Contribution to Employee Assistance Program.
The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of an Employee Assistance Program approved by the
Personnel Department for each unrepresented employee of the City of Los Angeles (excluding employees of the Department of Water and Power) who is a member
of the City Employees’ Retirement System.
SECTION HISTORY
Added by Ord. No. 167,301, Eff. 11-2-91, Oper. 7-1-91.
Sec. 4.307.3. Health and Dental Care Benefits for Domestic Partners of Non-represented Employees and Their Dependents.
SECTION HISTORY
Added by Ord. No. 169,373, Eff. 4-2-94, Oper. 3-2-94.
Repealed by Ord. No. 172,941, Eff. 1-21-00, Oper. 7-1-00.
Sec. 4.307.4. Life Insurance for Non-Represented Executive and Managerial Positions.
The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of a life insurance policy, approved by the Personnel
Department, for each General Manager, as defined in Section 4.321. Persons employed in classes listed in Section 4.245.1, excluding General Managers, shall
receive flexible benefit credits in the amount of $16.00 biweekly, effective January 1, 2000 for the purpose of purchasing life insurance or other benefits provided
under the City’s flexible benefits plan. The amount of the biweekly flexible benefit credits shall be adjusted on an annual basis by the percentage adjustment in the
supplemental life insurance premiums for the plan provided under the City’s flexible benefits plan.
SECTION HISTORY
Added by Ord. No. 171,270, Eff. 9-10-96. (See Sec. 5 of this Ordinance No. 171,270 regarding operative date.)
Amended by: Title and Sec., Ord. No. 172,791, Eff. 9-3-99, Oper. 1-1-00.
Sec. 4.307.5. Benefits Determinations for Sworn General Managers.
In those instances where the benefits offered to sworn and civilian employees are not the same, the Director of the Office of Administrative and Research
Services is authorized to determine the appropriate benefits for the Chief of Police and the Chief Engineer Fire Department.
SECTION HISTORY
Added by Ord. No. 172,248, Eff. 10-22-98.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.308. Officers and Employees of Departments Having Control of Their Own Funds.
In the case of officers and employees in departments having control of their own funds, no payments shall be made by the City of Los Angeles as provided in
Sections 4.203(a)(27) and 4.307 hereof unless the department makes available for expenditure by the Department of Personnel the amount needed by the City of Los
Angeles to defray the City’s costs for officers or employees in such department as provided in Section 4.203(a)(27) and 4.307 thereof.
SECTION HISTORY
Based on Ord. No. 131,678.
Amended by: Ord. No. 135,227.
Sec. 4.310. Reimbursement to Specified Employees of Moneys Paid As Premiums for Part B (Medical Insurance) Medicare Coverage.
Reimbursement from currently appropriated funds for the City health insurance subsidy may be made to any active City employee 65 or more years of age,
who is enrolled in and covered by Parts A and B of Medicare, of the amount of any money paid by such employee as premium for Part B coverage (Medical
Insurance) for an insured or covered period beginning on or after April 1, 1973, when sufficient proof of the employee’s enrollment and coverage and of the
premium’s payment has been made as required by the Personnel Department. The Controller shall, upon request of the Personnel Department and receipt of its
written certification that said proof has been duly made, effectuate such reimbursement.
SECTION HISTORY
Added by Ord. No. 144,707, Eff. 6-17-73.
ARTICLE 6
TRAINING AND TUITION REIMBURSEMENT PROGRAMS FOR CITY EMPLOYEES
Section
4.311
4.312
Establishment of the Program.
Responsibility for the Program.
4.313
4.314
4.315
4.316
Rules, Regulations and Standards.
Specialized Training Courses and Agreements.
Reimbursement for Tuition.
Cooperation by City Departments.
Sec. 4.311. Establishment of the Program.
There is hereby established an employee training and development program for all classes of officers and employees of the City of Los Angeles.
SECTION HISTORY
Based on Ord. No. 131,755.
Amended by: Ord. No. 134,983, Ord. No. 143,615, Eff. 8-19-72.
Sec. 4.312. Responsibility for the Program.
a.
Duty of General Manger Personnel Department and Director of the Office of Administrative and Research Services. The General Manager
Personnel Department, with the cooperation of the Director of the Office of Administrative and Research Services and the heads of all departments (except Harbor,
Airports and Water and Power), is hereby directed to maintain a general training and development program for all employees, a management development program
for executives, middle level management and staff personnel, and other programs to train and improve the performance of City employees. Development and
training may take the form of formalized training courses on employee time, either fee or under tuition reimbursement, seminars and workshops on City time, Citysponsored or provided courses on City time, rotation or exchange programs, special assignments, supervisory coaching and counseling, apprentice and work study
programs, or any other appropriate method.
b.
Annual Review of Program. To maintain such programs, the Personnel Department shall, with the cooperation of each department head, annually
review the existing programs and revise and update them as required. Programs shall include the following features.
1.
General Employee Development and Training. Specific proposals on an individual and group basis to improve performance, identify
promotional opportunities, and enhance the opportunities for promotion of non-management employees to management and other higher level jobs.
2.
Management Development and Training. Identification of the key management jobs in the department, and
(a)
Identification of the sources of qualified replacements, individually and organizationally;
(b)
Specific individual proposals for improving the performance of incumbents and for broadening the experience and increasing the
potential of replacements;
(c)
Identification of incumbents who are performing in an outstanding competent manner, with evidence of such competence, and proposals
for recognition of such competence.
c.
Implementation of the Program.
1.
Developing a Departmental Program. Representatives of the Personnel Department shall meet periodically with the departmental training
committee or individual designated as training coordinator, shall review the development needs of employees of the department as related to organizational
objectives, and shall draft a plan for the implementation of a training and development program to satisfy these needs.
d.
Records and Reports. Each departmental training committee or coordinator shall annually on September 1, report through its normal channels to the
Personnel Department on the employee training and developmental programs held during the preceding fiscal year. Progress will be reviewed by the General
Manager Personnel Department and the Director of the Office of Administrative and Research Services. The General Manager Personnel Department shall report to
the Mayor and the City Council annually on January 1 on the progress of all departments as of June 30 each year.
SECTION HISTORY
Based on Ord. No. 131,755.
Amended by: Ord. No. 134,983; Ord. No. 143,615, Eff. 8-19-72; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.313. Rules, Regulations and Standards.
a.
The Director of the Office of Administrative and Research Services and the General Manager Personnel Department are hereby authorized and shall be
responsible for the establishment of rules, regulations and standards in order to carry out the provisions of this article.
b.
The Director of the Office of Administrative and Research Services and the General Manager Personnel Department shall assist the managers of all
departments in the establishment of departmental training committees or the appointment of departmental training coordinators.
SECTION HISTORY
Based on Ord. No. 131,755.
Amended by: Ord. No. 143,615, Eff. 8-19-72; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.314. Specialized Training Courses and Agreements.
a.
The appointing authority of any department is hereby authorized to assign any employee of his department to take a specialized training course provided
that such appointing authority determines that such a course is of direct value to the City and relevant to the employee’s duties and will provide special knowledge
and skills that cannot be provided through available in service training programs, and provided further that such specialized training course is first approved by the
Director of the Office of Administrative and Research Services and the General Manager Personnel Department.
b.
The Director of the Office of Administrative and Research Services and the General Manager Personnel Department may by rule prescribe the conditions
under which an employee may be required to repay the City for the cost of any tuition for which he was reimbursed or for the cost of any other training, institute or
seminar on or off City time which was prepaid by the City, provided such payment by the City exceeds $300, if the employee fails to remain in the City service a
reasonable length of time after completion of such training, to be determined by the appointment authority, but not to exceed three years. When an employee is
required to repay the cost of tuition or training, he shall sign an agreement which appointing authorities are hereby authorized to execute, and which shall be
substantially in the form set forth below. Such agreement shall not be deemed a contract of employment between the City and the employee executing the same.
The standard form of such agreement shall be as follows:
SPECIALIZED TRAINING AGREEMENT
THIS AGREEMENT made and entered into this ___day of ____________, 19____, by andbetween the CITY OF LOS ANGELES, a municipal
corporation, hereinafter referred to as CITY, and ___________________ a City employee, hereinafter referred to as EMPLOYEE.
WITNESSETH:
WHEREAS, training is needed for certain personnel in the , (Department of Bureau) and the training of said personnel in (Type of
Training) will promote efficiency and economy in City government, and
WHEREAS, Specialized Training or a course involving Tuition Reimbursement costing in excess of $300 pursuant to the provisions of Los Angeles
Administrative Code Section 4.314 is available through (Organization Offering Training) which will provide the necessary skills and
abilities to said employees in the field of_________________________________and
WHEREAS, (Employee Name) has been assigned to take a Specialized Training Course, or is eligible for Tuition
Reimbursement for a course costing in excess of $300 pursuant to the provisions of Los Angeles Administrative Code Section 4.314, and
WHEREAS, the necessary funds have been provided for this purpose,
NOW, THEREFORE, the parties hereto agree as follows:
1.
City agrees to pay for a Specialized Training Course or to provide Tuition Reimbursement for a course costing in excess of $300 conducted by
_____________________________.
2.
Employee shall be paid his normal salary for his job classification while taking the Specialized Training Course herein referred to upon the basis
of an eight (8) hour day, forty (40) hour week, without any compensation for overtime or other adjusted compensation or premium pay based upon time
spent in taking such Specialized Training Course.
If Employee is taking a course for which Tuition Reimbursement in excess of $300 has been approved in accordance with the provisions of Los
Angeles Administrative Code Section 4.314, and which course is taken outside of the employee’s regular hours of employment, no compensation shall be
allowed for time spent in taking such course.
Such Specialized Training Course, or the course approved for tuition reimbursement, shall consist of (Insert appropriate course description).
3.
Employee agrees to reimburse the City for all money advanced by the City for Employee’s Specialized Training Course or for money received as
reimbursement for tuition upon leaving City service.
Nothing contained herein shall be construed as requiring or obligating Employee to remain in City service; however, if Employee does remain in the
employ of the City after completion of his Specialized Training Course or after receiving tuition reimbursement for a course costing in excess of $300 his
obligation to reimburse the City for the cost of his Specialized Training Course or tuition reimbursement shall be reduced by _____% for each month
Employee remains with the City.
4.
If Employee leaves City service because of death, prolonged illness, mental defects, disability or similar eventualities beyond the control of
Employee, or because of termination for cause, or because of retirement, said obligation to reimburse the City shall be deemed satisfied and Employee shall
make no payments to City.
5.
This agreement shall not be deemed to be or construed a contract of employment between the parties hereto.
IN WITNESS WHEREOF, the CITY OF LOS ANGELES has caused this agreement to be executed on its behalf by its duly authorized officers and
EMPLOYEE has executed the same the day and year first above written.
CITY OF LOS ANGELES,
By
City Employee
ATTEST:
City Clerk
SECTION HISTORY
Based on Ord. No. 131,755.
Amended by: Ord. No. 143,615, Eff. 8-19-72; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.315. Reimbursement for Tuition.
Reimbursement for tuition may be made to any employee who has requested training and for whom such training has been authorized under rules, regulations
and standards established by the Director of the Office of Administrative and Research Services and the General Manager of the Personnel Department. No
reimbursement shall be made to any person who has become separated from City service or to any person who is eligible for reimbursement for such training by any
other governmental agency, organization or association.
SECTION HISTORY
Based on Ord. No. 131,755.
Amended by: Ord. No. 143,615, Eff. 8-19-72; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.316. Cooperation by City Departments.
Every officer, board or department of the City shall render all possible assistance to the General Manager Personnel Department and the Director of the Office
of Administrative and Research Services in carrying out the provisions of this article.
SECTION HISTORY
Based on Ord. No. 131,755.
Amended by: Ord. No. 143,615, Eff. 8-19-72; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 7
COMPENSATION AND MERIT PAY PLAN FOR GENERAL MANAGERS
Section
4.321
4.322
General Manager Positions.
Salary Rate for Chief Administrative Officers upon Appointment.
Sec. 4.320. Objective.
SECTION HISTORY
Based on Ord. No. 138,417.
Added by Ord. No. 138,924, Eff. 7-25-69.
Amended by: Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Art. 7, Ch. 7, Div.4, Secs. 4.320 through 4.325, repealed by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86; Art. 7, Ch. 7,
Div.4, added by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86; Art. 7, Ch. 7, Div. 4, amended by adding Secs. 4.320 through 4.324 by Ord. No. 162,704, Eff. 9-14-87, Oper.
7-1-87; In Entirety by Ord. No. 170,695, Eff. 10-19-95, Oper. 10-19-95.
Repealed by Ord. No. 173,423, Eff. 8-3-00.
Sec. 4.321. General Manager Positions.
The following positions are identified as General Manager positions:
Class Title
Class Code
Chief Legislative Analyst
9296
Chief of Police
9359
City Administrative Officer
0010
City Clerk
9255
City Engineer
9497
City Librarian
9235
Director Bureau of Sanitation
7236
Director Bureau of Street Lighting
9265
Director Bureau of Street Services
4159
Director of Finance
9650
Director of Planning
9445
Director of Public Works
9242
Executive Director Department on Disability
9720
Fire Chief
9339
General Manager Airports
0161
General Manager and Chief Engineer Water and Power
9998
General Manager Animal Services
9245
General Manager Community Development
9250
General Manager Cultural Affairs
9696
General Manager Department of Aging
9218
General Manager Department of Neighborhood Empowerment
9222
General Manager Department of Transportation
9256
General Manager El Pueblo Historical Monument
9700
General Manager Emergency Management Department
9272
General Manager General Services Department
9254
General Manager Harbor Department
9289
General Manager Information Technology Agency
9380
General Manager Los Angeles City Employees' Retirement System
9150
General Manager Los Angeles Fire and Police Pensions
9267
General Manager Los Angeles Housing Department
9270
General Manager Convention Center
9695
General Manager Personnel Department
9295
General Manager Recreation and Parks
9243
General Manager Zoo Department
9500
Inspector of Public Works
0202
Superintendent of Building
9205
Treasurer
9645
SECTION HISTORY
Based on Ord. No. 138,417.
Added by Ord. No. 138,924, Eff. 7-26-69.
Amended by: Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Art. 7, Ch. 7, Div. 4, Secs. 4.320 through 4.325, repealed by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86. Art. 7, Ch. 7,
Div. 4, added by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86. Art. 7, Ch. 7, Div. 4, amended by adding Secs. 4.320 through 4.324, by Ord. No. 162,704, Eff. 9-14-87, Oper.
7-1-87; New title, Ord. No. 165,305, Eff, 11-28-89; Ord. No. 166,008, Eff. 7-2-90; Ord. No. 170,215, Eff. 2-9-95, Oper. 1-9-95; Ord. No. 170,600, Eff. 8-11-95; In Entirety
by Ord. No. 170,695, Eff. 10-19-95, Oper. 10-19-95; Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96; Ord. No. 171,263, Eff. 10-4-96; Ord. No. 171,549, Eff. 4-9-97; Ord.
No. 171,635, Eff. 6-26-97, Oper. 7-27-97; Ord. No. 172,772, Eff. 8-23-99, Oper. 6-24-99; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,423, Eff. 8-3-00.
Added by Ord. No. 181,782, Eff. 7-19-11.
Sec. 4.322. Salary Rate for Chief Administrative Officers Upon Appointment.
(a)
The methods for appointment, evaluation and adjustment of compensation for chief administrative officers shall be in accordance with Charter Section
508 and the guidelines established by the City Council as required therein.
The provisions of this Article shall apply to the following chief administrative officers:
Chief Legislative Analyst
Chief of Police
City Administrative Officer
City Clerk
City Engineer
City Librarian
Director, Bureau of Sanitation
Director, Bureau of Street Lighting
Director, Bureau of Street Services
Director of Finance
Director of Planning
Director of Public Works
Executive Director Department on Disability
Fire Chief
General Manager Airports
General Manager and Chief Engineer Water and Power
General Manager Animal Services
General Manager Community Development
General Manager Cultural Affairs
General Manager Department of Aging
General Manager Department of General Services
General Manager Department of Neighborhood Empowerment
General Manager Department of Transportation
General Manager El Pueblo Historical Monument
General Manager Emergency Management Department
General Manager Harbor Department
General Manager Information Technology Agency
General Manager Los Angeles City Employees' Retirement System
General Manager Los Angeles Fire and Police Pensions
General Manager Los Angeles Housing Department
General Manager Convention Center
General Manager Personnel Department
General Manager Recreation and Parks Department
General Manager Zoo Department
Inspector of Public Works
Superintendent of Buildings
Treasurer
(b)
Upon the regular appointment of a person to a position of chief administrative officer, the Mayor shall recommend a proposed bi-weekly salary rate that
falls within the salary range for the position to which the person is being appointed. The recommendation shall be referred to the Executive Employee Relations
Committee of the City Council for its review. The Committee may adopt the Mayor’s recommendation and forward it to the City Council for action or the
Committee may make a new and different recommendation on salary and forward that recommendation to the City Council for action.
(c)
Notwithstanding Sections 4.90 and 4.91 of this Code, a person who receives a temporary appointment as a chief administrative officer pursuant to
Charter Section 508(c) or a person designated under the provisions of Charter Section 210 to serve as the acting incumbent in the office of the Treasurer, the City
Clerk or the City Administrative Officer, shall receive a salary at a bi-weekly rate that is either fifteen percent higher than the salary of the position's highest paid
subordinate or is equal to the bi-weekly rate of the prior incumbent, whichever is less. The City Administrative Officer shall calculate the appointment or
designation salary rate and notify the Controller of that rate. The Mayor may recommend a salary rate that is different from that provided for in this subdivision. Such recommendation shall be subject to the approval procedure provided in Subsection (b) of this section.
(d)
In no case shall the appointment or designation salary rate be lower than the salary range minimum or higher than the salary range maximum.
SECTION HISTORY
Based on Ord. No. 138,417.
Added by Ord. No. 138,924, Eff. 7-25-69.
Amended by: Art. 7, Ch. 7, Div.4, Secs. 4.320 through 4.325, repealed by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86; Art. 7, Ch. 7, Div. 4 added, Ord. No. 162,091, Eff. 3-26-87,
Oper. 7-1-86; Art. 7, Ch. 7, Div. 4, Secs. 4.320 through 4.324, Ord. No. 162,704, Eff. 9-14-87, Oper. 7-1-87; Subsec. (c), Subdiv. 2., Ord. No. 164,900, Eff. 6-1-89; Ord. No.
166,077, Eff. 7-20-90; Subsec. (d), Ord. No. 167,358, Eff. 10-28-91; Subsec. (d), Subdiv. (1), Ord. No. 167,510, Eff. 12-26-91; In Entirety by Ord. No. 170,695, Eff. 10-1995, Oper. 10-19-95; Subsec. (b), Ord. No. 171,491, Eff. 1-29-97; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsecs. (a), (c), (d), and (e), Repealed and Subsec. (a), (b),
(c) and (d) Amended by Ord. No. 173,423, Eff. 8-3-00; Subsec. (a), Ord. No. 179,994, Eff. 7-11-08; Subsecs. (a) and (c), Ord. No. 181,782, Eff. 7-19-11.
Sec. 4.323. Evaluation Procedure
SECTION HISTORY
Based on Ord. No. 138,417.
Added by Ord. No. 138,924, Eff. 7-25-69.
Amended by: Art. 7, Ch. 7, Div.4, Secs. 4.320 through 4.325, repealed by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86; Art. 7, Ch. 7, Div.4, added by Ord. No. 162,091, Eff. 3-2687, Oper. 7-1-86; Art. 7, Ch. 7, Div. 4, adds Secs. 4.320 through 4.324, by Ord. No. 162,704, Eff. 9-14-87, Oper. 7-1-87; Subsecs. (c), (e), (f), Ord. No. 164,900, Eff. 6-1-89;
Ord. No. 166,077, Eff. 7-20-90; Subsec. (f), Ord. No. 170,215, Eff. 2-9-95, Oper. 1-9-95; In Entirety by Ord. No. 170,695, Eff. 10-19-95, Oper. 10-19-95.
Repealed by Ord. No. 173,423, Eff. 8-3-00.
Sec. 4.323.5. Transition to 24-Month Rating Cycles
SECTION HISTORY
Added by Ord. No. 166,077, Eff. 7-20-90, Oper. 7-1-90.
Deleted by, Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96.
Repealed by Ord. No. 173,423, Eff. 8-3-00.
Sec. 4.324. Outside Employment, Hours of Work, and Absences from Duty of General Managers.
SECTION HISTORY
Based on Ord. No. 138,417.
Added by Ord. No. 138,924, Eff. 7-25-69.
Amended by: Art. 7, Ch. 7, Div.4, Secs. 4.320 through 4.325, repealed, by Ord. No. 162,091, Eff. 3-26-87, Oper. 7-1-86; Art. 7, Ch. 7, Div.4, added by Ord. No. 162,091, Eff. 3-2687, Oper. 7-1-86; Art. 7, Ch. 7, Div. 4, adds Secs. 4.320 through 4.324 by Ord. No. 162,704, Eff. 9-14-87, Oper. 7-1-87.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
ARTICLE 8
TEMPORARY LOAN OF EMPLOYEES AMONG CITY DEPARTMENTS, OFFICES OR BUREAUS
Section
4.340
4.341
4.342
4.343
Conditions of Assignment of Employees to Other Departments, Offices or Bureaus.
Payroll Status of Loaned Employees.
Non-applicability of Article upon Charter Powers of Chief Administrative Officer or Board.
Reports Required upon Loan of Employees.
Sec. 4.340. Conditions of Assignment of Employees to Other Departments, Offices or Bureaus.
If, due to an unanticipated occurrence of short duration, a department, office or bureau cannot properly discharge its duties and responsibilities with those
employees authorized for it, and if there is not sufficient time or if it is not practicable to obtain additional employment authority and the necessary funds therefor,
the appointing authority of any other office, bureau or department may, upon request of the appointing authority of the department, office or bureau requiring
additional employees, temporarily assign employees under his control to such department, office or bureau for a period not to exceed 14 calendar days. Such
temporary assignment shall in all cases be within the scope of work which may properly be assigned to a civil service employee of the class occupied by the
employee so assigned.
SECTION HISTORY
Added by Ord. No. 141,637, Eff. 3-25-71.
Sec. 4.341. Payroll Status of Loaned Employees.
Employees loaned under authority of this article shall remain on the payroll of the lending department, office or bureau for the period of the loan, but shall
conform to the hours and rules of the department, office or bureau to which they are loaned.
SECTION HISTORY
Added by Ord. No. 141,637, Eff. 3-25-71.
Sec. 4.342. Non-applicability of Article Upon Charter Powers of Chief Administrative Officer or Board.
None of the provisions of this article shall limit or restrict the power of the Director of the Office of Administrative and Research Services or board of any
department to issue instructions to their respective employees or to assign employees to other departments for training or other purposes for the benefit of the
assigning department. Nor shall the provisions of this article limit or restrict the powers of the Mayor to transfer personnel under the provisions of Charter Section
233.
SECTION HISTORY
Added by Ord. No. 141,637, Eff. 3-25-71.
Amended by: In Entirety, Ord. No. 173,023, Eff. 2-13-00, Oper. 7-1-00; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.343. Reports Required upon Loan of Employees.
Each department, office or bureau who lends any of its employees pursuant to this article shall file a report each month with the Director of the Office of
Administrative and Research Services stating the name of the employee loaned, the employee’s classification, the date and place of assignment or transfer and the
duration of the loan.
SECTION HISTORY
Added by Ord. No. 141,637, Eff. 3-25-71.
Amended by: Ord. No. 152,752, Eff. 9-10-79; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
ARTICLE 9
NON-DISCRIMINATION IN EMPLOYMENT
Section
4.400
4.401
4.402
4.403
4.404
4.404.1
4.404.2
[No Title.]
[No Title.]
[No Title.]
[No Title.]
[No Title.]
[No Title.]
[No Title.]
Sec. 4.400.
The City is dedicated to the goal of equal employment opportunity based on merit system principles, free of discrimination or harassment on the basis of race,
color, national origin, ancestry, religion/creed, sex, disability, age, medical conditions (cancer), marital status, sexual orientation, retaliation for filing a claim of
discrimination, or being afflicted or perceived as afflicted with Acquired Immune Deficiency Syndrome (AIDS) or the Human Immunovirus (HIV). The
responsibilities of all City employees to ensure that the City provides an environment free of discrimination and harassment on these or any other non-work-related
basis are set out in the City’s policies.
SECTION HISTORY
Added by Ord. No. 161,907, Eff. 2-22-87.
Amended by: Ord. No. 164,741, Eff. 5-27-89; Oper. 7-1-89.
Article and Section Repealed by Ord. No. 165,617, Eff. 4-21-90.
Article re-added and Section added by Ord. No. 170,391, Eff. 3-24-95.
Sec. 4.401.
All City departments shall comply with applicable federal and state anti-discrimination laws and with the City’s anti-discrimination laws (including, but not
limited to Chapter IV, Article 12 of the Los Angeles Municipal Code) and the City’s policies and directives regarding discrimination and harassment in letter and in
spirit. To that end, City departments are charged with:
(a)
making decisions on employee selection, assignment, training, promotion, transfer, and discipline on work-related merit system principles;
(b)
ensuring that all employees are familiar with the City’s policies and directives through orientation and training;
(c)
establishing an internal discrimination and harassment complaint procedure which employees who believe they have a valid complaint may use
in seeking timely, appropriate redress, and publicizing that procedure adequately;
(d)
providing prompt remediation and training when necessary; and
(e)
taking prompt and appropriate disciplinary action to punish noncompliance, including supervisory failure to ensure that City work environments
are free from discrimination and harassment by other City employees or by patrons of City services and departments.
SECTION HISTORY
Added by Ord. No. 170,391, Eff. 3-24-95.
Amended by: 1st Unnumbered Para., Ord. No. 173,004, Eff. 2-3-00, Oper. 7-1-00.
Sec. 4.402.
All City departments shall designate one or more staff members as Equal Employment Opportunity counselors and shall ensure that such staff are thoroughly
trained in the City’s policies and directives, as well as provided more general training in equal employment opportunity and affirmative action principles, so that
they may effectively receive complaints of discrimination, counsel employees, investigate complaints, and carry out related responsibilities intended to foster
nondiscrimination and eliminate harassment in the City’s workplaces.
SECTION HISTORY
Added by Ord. No. 170,391, Eff. 3-24-95.
Sec. 4.403.
The City Personnel Department shall foster the City’s nondiscrimination policy and ensure that it is adhered to in those functions which fall under its purview,
including the recruitment, testing, screening, training, and position classification of applicants and employees.
SECTION HISTORY
Added by Ord. No. 170,391, Eff. 3-24-95.
Sec. 4.404.
The Personnel Department will promote a discrimination-free work environment by:
(a)
providing training and assistance in the matters covered by the Article to City departments;
(b)
adopting disciplinary policies which punish non-compliance;
(c)
disseminating information on the City’s nondiscrimination, harassment-free work environment by all practicable means;
(d)
investigating complaints of discrimination or harassment promptly and fully; and
(e)
Mayor.
designating members of its staff to serve as special counselors for certain kinds of discrimination, as directed by the City Council and the
SECTION HISTORY
Added by Ord. No. 170,391, Eff. 3-24-95.
Sec. 4.404.1.
(a)
The policy of the City of Los Angeles has been, and will continue to be, to promote and maintain an environment free from sexual orientation
discrimination. Discrimination and harassment on the basis of sexual orientation is illegal, as well as harmful to those in work environments affected by offensive,
intolerant and hostile behaviors. Sexual orientation discrimination inhibits optimal performance, demeans esteem, creates contention and diminishes productivity. The City is committed to ensuring merit based human resource management decisions that value high performance, public service excellence and inclusion; and
therefore reiterates its policy of equal employment opportunity and non discrimination.
(1)
Sexual orientation refers to whether a person is romantically or sexually attracted to other adults of a different sex (as is true for those who are
heterosexual), the same sex (as is true for those who are lesbian or gay) or both (as is true for those who are bisexual). Discrimination is prohibited on the
basis of one's actual or perceived sexual orientation, so that even if one's actual sexual orientation is misperceived by a wrongdoer, the wrongdoer can still be
liable for sexual orientation discrimination.
(b)
In 1979, the City of Los Angeles adopted Ordinance No. 152,458, Municipal Code Section 49.70, which established and defined the City's intent to
promote and maintain a working environment free from discrimination on the basis of sexual orientation. Specifically, the ordinance protects gays, lesbians,
bisexuals, and heterosexuals from discrimination in employment, housing, business establishments, City facilities and services, and education. Additionally,
effective January 1, 2000, sexual orientation was included in the State Fair Employment and Housing Act as one of the bases on which complaints of employment
discrimination can be filed.
(c)
Discrimination by any City employee in any City employment practice on the basis of an individual's sexual orientation (or perceived sexual
orientation) is unacceptable and will not be tolerated. No City officer or employee shall consider an applicant's or employee's known or perceived sexual orientation
in any pre-employment or employment action or decision, including but not limited to background checking, testing, hiring, assigning, training, transferring,
upgrading, promoting, compensating, disciplining and discharging. Nor shall any City officer or employee classify or otherwise treat a City employee differently
because of the employee's known or perceived sexual orientation. City policy shall prohibit, as a form of discrimination, the creation of or contribution to a hostile,
intimidating, threatening, offensive or abusive work environment on the basis of an individual's known or perceived sexual orientation. This includes written,
spoken, graphic or demonstrative derogatory terms, slurs, comments, gestures, ridicule, threats, rumors, or jokes with respect to an individual's known or perceived
sexual orientation.
(d)
Further, it is City policy that prompt and appropriate action be taken to deter and punish sexual orientation discrimination and harassment. Therefore,
it shall be the responsibility of each Department manager to take all steps reasonably necessary to remedy violations and prevent future violations of this Section,
including taking appropriate disciplinary action, to ensure and maintain a working environment free from sexual orientation discrimination and harassment.
(e)
Additionally, all reported allegations of sexual orientation discrimination will promptly be fully documented and promptly, adequately and completely
investigated.
(f)
City policy prohibits retaliation by the City or any department or employee based on reporting a claim of discrimination on the basis of sexual
orientation or for supporting such a complaint (as a witness or otherwise) or for opposing such discrimination. Therefore, no City employee may intimidate,
penalize, or take action against an individual for filing a complaint of discrimination on the basis of sexual orientation nor engaging in any other protected activity.
(g)
Employees who believe that this policy has been violated may and are strongly encouraged to report policy violation(s) by contacting either: the EEO
Counselor of his/ her Department; the City's Sexual Orientation Counselor in the Personnel Department; or, the Personnel Department's Office of Discrimination
Complaint Resolution.
(1)
Investigations will be conducted in accordance with the Sexual Orientation Discrimination Complaint Procedure and/or Citywide Discrimination
Complaint Procedure.
(2)
To the maximum extent allowed by law, but limited by its duty to conduct a prompt and thorough investigation and the practical consequences
thereof, the City will provide confidentiality with respect to the filing and investigation of complaints of discrimination based upon sexual orientation.
(h)
The Mayor is ultimately responsible, through respective department management, for the management and administrative control of departmental
activities and will continue to foster a positive and productive working environment for all employees and vigorously enforce all Federal, State and City equal
employment opportunity and non discrimination laws, directives and policies. The Personnel Department shall continue to be the lead agency for equal employment
opportunity policy and complaint resolution, specifically as it relates to monitoring policy compliance and investigating and resolving complaints of discrimination. The Personnel Department will also provide additional guidance to departments for compliance with this policy and other non discrimination laws, policies and
procedures and recommended training.
SECTION HISTORY
Added by Ord. No. 180,189, Eff. 10-26-08.
Sec. 4.404.2.
(a)
The policy of the City requires that prompt and appropriate action be taken to deter and punish sexual orientation discrimination. Therefore, persons
believing that they are victims of sexual orientation discrimination are strongly encouraged to report any and all incidents.
(b)
An employee making a sexual orientation discrimination complaint can choose to file the complaint with the employee's department EEO Counselor,
the City's Sexual Orientation Counselor, the City's Civil Service Commission, and/or with an external non-discrimination enforcement agency. Complaints filed
about pre-employment or employment actions or actions directly related to Personnel Department functions should be directed to the City's Sexual Orientation
Counselor, and/or to an external, non-discrimination enforcement agency.
(c)
Complaints filed internal to the City must be filed within one (1) year from the date of the last act alleged to be discrimination. Otherwise, the
complaint may be considered untimely.
(d)
Although complaints must be prepared and filed on an employee's own time, department managers and supervisors should allow the employee filing
the complaint and all other employees who are interviewed as part of the investigation to be interviewed while on city time when requested by staff conducting the
discrimination investigation. A person filing a sexual orientation discrimination complaint shall have the right of representation by any designated person or
organization.
(e)
Information concerning the City's non-discrimination policies, complaint procedures and filing options, as well as filing deadlines, will be provided by
the City's Sexual Orientation Counselor or the City's Civil Service Commission upon request.
(f)
An individual who files a compliant with the California Department of Fair Employment and Housing ("DFEH") shall not lose any rights he or she has
to pursue redress under the City's internal complaint procedures. A DFEH filing shall not terminate or have any other negative impact on the City's investigation or
processing of a parallel complaint filed with any City entity. Individuals who file complaints with the DFEH are encouraged to also file with the City, so the City
has the opportunity to investigate the complaint, correct the situation, and offer an acceptable remedy to the complainant. Even where an internal complaint is not
filed, the City shall conduct its own investigation upon learning of a complaint to an outside agency in an effort to prevent further occurrences or complaints.
(g)
An employee who perceives comments, gestures or actions which offend against another employee's sexual orientation made by an employee or
supervisor should immediately and clearly communicate to that person that such behavior is offensive.
(h)
An employee involved in a discrimination complaint as either the complainant, the accused, or as a witness, has the following rights and
responsibilities:
(1)
The complaining employee should immediately report the sexual orientation discrimination complaint to her or his supervisor, or to the
department's EEO Counselor, or to the City's Sexual Orientation Counselor in the Personnel Department's Office of Discrimination Complaint Resolution.
(2)
The employee has the right to a confidential conference with the person to whom the sexual orientation complaint is made. Additionally, the
complainant has the right of representation by any designated person or organization, e.g., a union representative, an attorney, or another individual of the
complainant's choice.
(3)
If an employee chooses to initiate a complaint of sexual orientation discrimination, the employee's department EEO Counselor or the City's
Sexual Orientation Counselor should make preliminary efforts to resolve the complaint. If it is not resolved, an investigation will be conducted.
(4)
All investigations, whether conducted by the department EEO Counselor or the City's Sexual Orientation Counselor, will be handled with
discretion, sensitivity and due concern for the dignity of those involved, and will be conducted consistent with the procedures indicated in this document. As
in any discrimination complaint investigation, information will be kept confidential to the maximum extent allowed by law.
(5)
Anyone who is alleged to have committed acts of sexual orientation discrimination will be contacted during the investigation and allowed to
make a statement. Any person accused or alleged to have committed acts of discrimination or harassment has the right to representation by a union
representative or an attorney.
(6)
Any employee who witnesses an incident of sexual orientation discrimination or harassment shall cooperate in any investigation. Any employee
who fails or refuses to cooperate or to be truthful shall be subject to disciplinary action, up to and including termination from City employment.
(7)
Employees are entitled to a timely resolution of all complaints.
(i)
Each City department General Manager must designate an EEO Counselor and ensure that all department employees are made aware of
the name and phone number of the designated Counselor. All department EEO Counselors who may receive a complaint of discrimination or
harassment based on sexual orientation shall receive specialized training in the law and on the City's policies and procedures governing sexual
orientation discrimination and harassment and the handling of discrimination and harassment complaints; personnel complaint documentation,
investigation and reporting; interviewing skills and techniques; and federal, state and City resources available to assist those concerned about such
discrimination or harassment. Handling a complaint of sexual orientation discrimination or harassment according to the responsibilities outlined
below shall be considered a primary duty assignment. The EEO Counselor shall not be constrained in conducting a proper investigation by any City
employee, manager or supervisor. Each department EEO Counselor has the following responsibilities with regard to a sexual orientation complaint:
(1)
The Counselor shall initiate an inquiry into the alleged sexual orientation harassment or discrimination. The Department EEO
Counselor may not refuse to accept or investigate a complaint that alleges sexual orientation discrimination or harassment.
(2)
The Counselor shall meet with the complaining employee at the employee's earliest convenience. The Counselor shall fully
inform the employee about the City's sexual orientation policies and discrimination complaint procedures and shall answer questions that the
employee may have regarding the City's policies and procedures. The Counselor shall provide the complainant with relevant referral and
resource information, including a general statement that there are time limitations for filing a complaint with an outside agency.
(3)
The Counselor shall listen to the employee's complaint and discuss the complaint with discretion, sensitivity and due concern for
the dignity of those involved. The Counselor shall ask the complaining employee what remedy he or she seeks, including whether the
complainant seeks a temporary or permanent transfer for the alleged offender or for him or herself.
(4)
The Counselor shall fully record and document the complaint, including the complainant's proposed resolution to the alleged
violation(s). The Counselor shall document all informal resolution efforts.
(5)
The Counselor shall notify the City's Sexual Orientation Counselor of the complaint.
(6)
The Counselor shall conduct a complete and timely investigation into the complaint, including conducting interviews with all
non-cumulative witnesses and others who may be involved. The investigation will be conducted consistent with the procedures included in
this section.
(7)
The Counselor shall immediately notify the City Sexual Orientation Counselor in writing if any City Department, manager,
supervisor or employee fails to cooperate fully during the investigation.
(8)
The Counselor will communicate to the complainant in writing the status of the investigation at least once every two months.
(9)
Upon completion of the investigation, the Counselor shall prepare a report of the results of the investigation. The Counselor shall
inform complainants if disciplinary action is taken against the accused employee, although not the specific nature of the action. No
information provided to the complaining employee shall compromise any confidentiality or privacy protection afforded to the accused
employee under the law or City policy. The Sexual Orientation Counselor should contact the Office of the City Attorney if there are
questions in this area.
(10)
If the employee is not satisfied with the way the sexual orientation discrimination complaint has been resolved, the Counselor
shall fully inform the employee of his or her additional rights under the law. These rights include appealing, filing a complaint under the
Citywide Discrimination Complaint Procedure, filing a complaint with the Civil Service Commission, and filing a complaint with the State
Department of Fair Employment and Housing (DFEH) and/or in court.
(j)
Prior to any employee assuming any of the above duties as the City Sexual Orientation Counselor, the employee must have received training in the law
and the City's policies and procedures governing discrimination and harassment and the handling of discrimination and harassment complaints; personnel complaint
documentation, investigation, and reporting; interviewing skills and techniques; and federal, California, and City of Los Angeles resources available to assist those
concerned about such discrimination or harassment. This training must be sufficient to enable the City Sexual Orientation Counselor competently to perform all of
the duties required to handle issues related to sexual orientation discrimination and harassment on a Citywide basis, including training and providing guidance to
department EEO Counselors. Prior to or shortly after assuming the above duties, the Sexual Orientation Counselor shall seek out and obtain specialized training in
the law governing sexual orientation discrimination and harassment and handling complaints thereof. The City's Sexual Orientation Counselor has all of the duties
and responsibilities of a department EEO Counselor, as well as the following additional responsibilities:
(1)
Issue Personnel Department Discrimination Complaint Report numbers.
(2)
Accept, investigate and complete any sexual orientation discrimination or harassment complaint that is referred from a department EEO
Counselor.
(3)
Maintain custody of completed sexual orientation discrimination and harassment complaint investigations.
(4)
Maintain a copy of each completed sexual orientation discrimination or harassment complaint investigation report in secure storage in City filing
facilities for no less than five years.
(5)
Advise EEO Counselors on sexual orientation complaint intake and investigation.
(6)
Ensure that the posting notification containing the name and phone number of the City Sexual Orientation Counselor is maintained, accurate
and conspicuous in all City Department Offices, and promptly compile a written report for the Personnel Department General Manager and the City Board
of Civil Service Commissioners of any locations where postings have been removed.
(k)
The City also has a Sexual Orientation Coordinator, which position is situated in the City's Personnel Department. The Sexual Orientation
Coordinator's areas of responsibility include training and policy and procedure development for the City on issues related to sexual orientation. The Sexual
Orientation Coordinator, in cooperation with the Sexual Orientation Counselor, shall provide training to department EEO Counselors on conducting sexual
orientation complaint investigations.
(l)
It is the responsibility of City Management to take necessary steps to prevent sexual orientation discrimination, and when a complaint is made, has been
investigated, and found to exist, to remedy any sexual orientation discrimination that is discovered.
(m)
It is the responsibility of the Personnel Department to ensure that the operating departments are in compliance with the Sexual Orientation
Discrimination Complaint Procedures, and to monitor said compliance on an ongoing basis.
SECTION HISTORY
Added by Ord. No. 180,189, Eff. 10-26-08.
ARTICLE 9.5
INVESTIGATION OF COMPLAINTS OF DISCRIMINATION AND SEXUAL HARASSMENT AGAINST CITY
OFFICIALS
Section
4.405
4.406
4.407
4.408
4.409
4.410
4.411
Findings and Statement of Policy.
Special Committee on Investigative Oversight.
The Independent Investigator.
Role of the City Council.
Role of the Personnel Department.
Role of the City Attorney.
Confidentiality.
Sec. 4.405. Findings and Statement of Policy.
Currently, procedures are in place throughout City government for the investigation of complaints of discrimination and sexual harassment brought against City
employees. These procedures include, among other things, both informal and formal investigative procedures, depending on the circumstances. With respect to the
City’s elected officials, however, a process is in place, but it goes no further than the informal stage. Thus, no procedure now exists within City government for the
formal investigation of such complaints against the City’s top elected officials.
The public properly should expect that the City will thoroughly and fairly investigate all complaints of discrimination and harassment against the City’s
officials, irrespective of the station of the person against whom the complaint is directed. The procedure established by this Ordinance will redress the current
imbalance and afford the citizens of the City the assurance that like the employees they direct, if circumstances warrant, the City’s top elected officials will be
subjected to a full investigation of the discrimination and harassment complaints against them.
The procedure herein created also will serve the City well in dealing with potential or actual litigation arising out of the complaints in question. It is hoped
that the very existence of this process will assist in resolving complaints without the necessity of litigation. This is one of the rationales for the long-standing
investigative procedure applicable to City employees that is administered by the Civil Service Commission. If litigation should result nonetheless, in having the
results of an investigation, the City will be better equipped to assess the merits of the case and otherwise to deal with the demands put upon City government
thereby, such as, deciding whether the official in question is entitled to a defense at City expense. Beyond this, the information learned from an investigation may
make it possible to rectify problems where they do exist and prevent the injury of others.
The procedure bifurcates responsibility between a Special Committee on Investigative Oversight and the City Council. The Committee will perform the
important function of gatekeeper at the point where the launching of a formal investigation by an independent investigator is a possibility. While the Committee
will not perform the investigation, the decision to begin one is itself significant. Once such a decision is made, the Committee will be charged thereafter with
ensuring that the investigation is thorough and complete, but will go no further. All else will be the province of the City Council. Findings, conclusions, and
remedial actions, if any, all will emanate from the Council and the Council alone. This allocation of responsibility in the procedure draws upon the structure of Los
Angeles City government as set forth in the City Charter. The final authority in these matters will be the Council. Being composed of members elected by district,
the Council as a body rightly can speak for the City in these important matters.
SECTION HISTORY
Article and Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00; Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.406. Special Committee on Investigative Oversight.
(a)
There is hereby created a Special Committee on Investigative Oversight. It shall consist of two former judges, one male and one female, two law
school professors, one male and one female, each with expertise in the area of employment law, and one member of the American Arbitration Association.
(b)
The members of the Special Committee shall be chosen from a list of appropriately qualified individuals which shall be developed, maintained and
periodically updated by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the
full Council.
(c)
Members of the Special Committee shall be paid a stipend for their service on the Committee from an account established and maintained in the office
of the Director of the Office of Administrative and Research Services.
(d)
The concurring vote of at least three members is required for the Special Committee to take action.
(e)
The Special Committee shall be convened by the President of the City Council or the Mayor when notified by the Personnel Department that a
discrimination or sexual harassment complaint against an elected official has been received. The members of the Special Committee shall be chosen by the
Personnel Department by lot from those individuals who were on the list prior to a complaint being received and who are currently available to serve.
(f)
The Special Committee shall have the following powers and duties:
1.
to refer the complaint to the Personnel Department for informal resolution efforts, if appropriate;
2.
to determine if there is sufficient cause for an investigation;
3.
to authorize an investigation by an independent investigator into the complaint of discrimination or sexual harassment;
4.
to review the results of the investigation to determine if further investigation is warranted; to refer the matter back to the investigator if further
investigation is warranted; and/or to forward the completed investigation to the full Council for appropriate action;
5.
to make rules as necessary to carry out the powers and duties of the Committee.
SECTION HISTORY
Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.407. The Independent Investigator.
(a)
When the Special Committee authorizes an investigation into a complaint of discrimination or sexual harassment against an elected official, an
independent investigator will be selected from a list of prominent and respected citizens who are not employed by the City. The individuals on the list should have
expertise in the fields of employment law, law enforcement, government or other, related, fields. The list shall be developed, maintained and periodically updated
by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the full Council.
(b)
When a matter is referred to an independent investigator, the Personnel Department shall select an investigator by lot from those who were on the list
prior to the complaint being received and who are currently available to accept the assignment The independent investigator will then select his or her own staff to
assist with the investigation.
(c)
The independent investigator will be responsible for conducting the investigation. He or she shall have access to any City employee who may provide
relevant information, including the complainant and the accused and any witnesses provided by them. The investigator shall also have access to City resources and
documents as required to conduct the investigation. Should necessary access be denied, the investigator shall report back to the Special Committee for further
instructions.
(d)
The independent investigator shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations,
take evidence and order by subpoena the production of documents, records or other materials relevant to the investigation.
(e)
At the completion of the investigation, the independent investigator shall submit to the Special Committee a comprehensive report containing an
investigative summary of the evidence received, an analysis of the evidence, factual findings, a conclusion and recommendations regarding resolution of the
complaint.
(f)
Each fiscal year, there shall be included in the Contract Services Account of the budget of the Personnel Department funds to support any independent
investigator authorized by this Section.
SECTION HISTORY
Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.408. Role of the City Council.
The City Council shall have the following powers and duties with respect to its role in handling complaints of discrimination or sexual harassment against
elected officials:
(a)
to review and adopt the list of individuals for appointment to the Special Committee on Investigative Oversight as provided in Sec. 4.406 above;
(b)
to review and adopt the list of independent investigators as provided in Sec. 4.407 above;
(c)
to review the report of the independent investigator upon its being forwarded by the Special Committee to the Council for action;
(d)
to hear presentations from the individuals involved, if appropriate, and to make findings on the claims of discrimination or sexual harassment;
(e)
to make referrals of issues arising out of the investigation to appropriate Council Committees for their consideration;
(f)
to report to the appropriate local, state or federal authorities any substantial evidence of a violation of law regarding the performance of duties
by a public officer or employee.
SECTION HISTORY
Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.409. Role of the Personnel Department.
The General Manager of the Personnel Department shall have the following duties with respect to the Department’s role in handling complaints of
discrimination or sexual harassment against elected officials:
(a)
to maintain and periodically update, in conjunction with the Chief Legislative Analyst and the City Attorney, a list of individuals, as described
in Sec. 4.406 above, who may be chosen to act as members of the Special Committee on Investigative Oversight, and submit this list to Council for
adoption;
(b)
to choose, by lot, the members of the Special Committee when such Committee is to be convened, as provided in Sec. 4.406 above.
(c)
to maintain and periodically update, in conjunction with the Chief Legislative Analyst and the City Attorney, a list of impartial individuals, as
described in Sec. 4.407 above, who may be chosen to act as independent investigators, and submit this list to Council for adoption;
(d)
to choose, by lot, the person to serve as an independent investigator, as provided in Sec. 4.407 above.
(e)
to administer any contracts necessary to implement an independent investigation authorized by the Special Committee;
(f)
to provide staff to serve as liaison to the independent investigator, if requested;
(g)
to provide necessary on-site assistance and coordination between the staff of the independent investigator and the City.
SECTION HISTORY
Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.410. Role of the City Attorney.
The City Attorney shall have the following duties with respect to his or her role in handling complaints of discrimination or sexual harassment against elected
officials:
(a)
to maintain and periodically update, in conjunction with the Personnel Department and the Chief Legislative Analyst, a list of individuals, as
described in Sec. 4.406 above, who may be chosen to act as members of the Special Committee on Investigative Oversight.
(b)
to maintain and periodically update, in conjunction with the Personnel Department and the Chief Legislative Analyst, a list of impartial
individuals, as described in Sec. 4.407 above, who may be chosen to act as independent investigators.
(c)
to provide legal services to the Special Committee;
(d)
to provide legal services to the City Council with respect to any matter brought before it under this Ordinance.
SECTION HISTORY
Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.411. Confidentiality.
(a)
All investigations conducted under this Ordinance shall be conducted with highest degree of confidentiality legally permissible.
(b)
Records of the investigation shall be maintained as personnel records.
(c)
Meetings of the Special Committee or the full Council to consider allegations of discrimination or sexual harassment against an elected official or
investigations thereof may be held in closed session, as otherwise provided by law.
(d)
It is the intent of this Ordinance that Special Committee members, the independent investigator, staff and all involved parties, including the accused
elected official and his or her representatives and the complainant and his or her representatives, shall not disclose to any person whatever any information
regarding the fact or nature of the complaint(s), the investigation or any related information unless such disclosure is authorized by the Special Committee.
SECTION HISTORY
Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.
ARTICLE 10
EMPLOYMENT OF CHIEF ADMINISTRATIVE OFFICERS
Sec. 4.500. [No Section Title]
SECTION HISTORY
Article and Section Added by Ord. No. 170,696, Eff. 9-18-95.
Amended by: Subsec. (e), last sentence, new last sentence added, Ord. No. 171,032, Eff. 5-3-96.
Repealed by Ord. No. 173,423, Eff. 8-3-00.
ARTICLE 11
RIGHTS OF EMPLOYEES WHO CONTACT OR ARE CONTACTED BY THE INSPECTOR GENERAL OF THE
POLICE COMMISSION
Section
4.600
4.601
4.602
The Need to Protect Employees Who Contact or Who Are Contacted by the Inspector General.
Retaliation Prohibited.
Confidentiality of Information Obtained by the Inspector General.
Sec. 4.600. The Need to Protect Employees Who Contact or Who are Contacted by the Inspector General.
Under the City Charter the Inspector General, acting under the ultimate authority of the Board of Police Commissioners, oversees the police disciplinary
process. Equipped with investigative authority, the Inspector General requires information from complainants and witnesses to operate effectively.
Employees should be free to contact the Inspector General or respond to queries from the Inspector General without having to fear that their employment might
be adversely affected. The fact of such contact should be regarded as entirely irrelevant event in that regard. Retaliation against employees by adverse employment
action or harassment represents both unfair and unacceptable treatment of employees and undermines the effectiveness of oversight efforts of the Inspector General
by threatening the continued flow of information.
Similarly, protection of the identity of persons who file complaints with the Inspector General and of witnesses contacted by the Inspector General may be
necessary to assure the Inspector General’s effectiveness. While the law may in some instances require disclosure of identity and in others the Board of Police
Commissioners may determine that disclosure is required for law enforcement or other purposes, every effort should otherwise be undertaken to protect the
confidentiality of complainants and witnesses.
The Police Department has a policy forbidding retaliation for reporting misconduct, testifying or supporting a complainant, advising a complainant, assisting or
participating in related investigations and proceedings, or taking other protected actions. The Department maintains that such policy fully applies to retaliation for
contacts with the Inspector General, and this ordinance references the current policy and future revisions.
SECTION HISTORY
Article and Section Added by Ord. No. 172,466, Eff. 3-28-99.
Sec. 4.601. Retaliation Prohibited.
No employee shall retaliate against any person for having contacted or having been contacted by the Inspector General. The proscribed retaliation shall include,
but not be limited to, causing an employee to suffer an adverse employment action or to be subjected to harassment. No employee shall assist another person
engaged in retaliation. “Adverse employment action” shall include, but not be limited to, discipline (formal or informal), reduction in compensation, denial of
advancement, change of assignment, or transfer to another work location. “Harassment” shall consist of other unwarranted treatment whether committed by a
superior or a co-employee.
Police Department employees are expected to comply with policies adopted by the Board of Police Commissioners or the Chief of Police that forbid retaliation
in connection with contacts with the Inspector General including, but not limited to, Special Order No. 8 issued July 31, 1997 — which details the prohibited
conduct, sets forth supervisorial responsibilities, and requires the reporting of retaliation as a form of misconduct — and any subsequent revisions of that policy.
Taking action against an employee that is justified on the merits does not constitute retaliation forbidden by this provision. Because the fact that an employee
is in contact with the Inspector General should be regarded as entirely irrelevant to the employee’s status or how the employee should be treated, just as the
employee should not suffer retaliation as a result, so such contact should not be seen as providing immunity to an employee from performing his or her obligations
under the law or as an employee.
SECTION HISTORY
Section Added by Ord. No. 172,466, Eff. 3-28-99.
Sec. 4.602. Confidentiality of Information Obtained by the Inspector General.
Except as may be required by law or those with authority over the Inspector General under Charter Section 573, information relating to complaints received by
and investigations conducted by the Inspector General shall be regarded as confidential.
SECTION HISTORY
Section Added by Ord. No. 172,466, Eff. 3-28-99.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
CHAPTER 8
EMPLOYER - EMPLOYEE RELATIONS
Section
4.800
4.801
4.810
4.811
4.820
4.822
4.830
4.840
4.845
4.850
4.855
4.857
4.859
4.860
4.865
4.870
4.875
4.880
4.890
Statement of Purpose.
Definition of Terms.
Employee Relations Board.
Advisory Management Council.
Qualifications of Employee Organizations.
Formal Recognition of Employee Organizations.
Meeting and Conferring and Consulting.
Resolution of Impasses in Meeting and Conferring.
Paid Time off for Representatives of Recognized Employee Organizations.
Advance Notice to Employee Organizations.
Availability of Data.
Employee Rights.
City Management Rights.
Unfair Employee Relations Practices.
Grievance Procedure for Recognized Employee Organizations.
Organization for Relationships with Employee Organizations.
Applicability.
Construction.
Separability.
Sec. 4.800. Statement of Purpose.
It is the purpose of this chapter to establish policies and procedures for the administration of employer-employee relations in city government, the formal
recognition of employee organizations and the resolution of disputes regarding wages, hours and other terms and conditions of employment.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Sec. 4.801. Definition of Terms.
The words and terms defined in this section shall have the following meanings in this chapter. Any term not defined herein which is defined in the MeyersMilias-Brown Act shall have the meaning set forth therein.
Board – The Employee Relations Board established by this chapter.
City – The City of Los Angeles.
Confidential Employee – An employee who is privy to information leading to decisions of City management affecting employee relations.
Consult or Consultation – To communicate orally or in writing for the purpose of presenting or obtaining views or advising of intended actions.
Day – A calendar day.
Determining Body or Official – The body or official who has final authority to make a decision on matters under discussion within the scope of
representation.
Employee Relations – The relationship between the City and its employees and their organizations, or when used in a general sense the relationship
between management and employees or employee organizations.
Employee Representation Unit – A group of employees constituting an appropriate unit as provided by this chapter.
Fact-Finding – Identification of the major issues in a particular dispute; reviewing the positions of the parties; and the investigation and reporting of the
facts by one or more impartial fact-finders; and, when directed by the Board, the making of recommendations for settlement.
Grievance – Any dispute concerning the interpretation or application of a written memorandum of understanding or of departmental rules and
regulations governing personnel practices or working conditions. An impasse in meeting and conferring upon the terms of a proposed memorandum of
understanding is not a grievance.
For employees in the representation unit Police Officers, Lieutenant and below, excluded from the definition of grievance set forth above and excluded
from the scope of the grievance process are disputes concerning discipline and disputes concerning transfers, promotions, promotional examinations, or
probationary employee terminations – whether or not such matters involve discipline.
Impasse – A deadlock, after a reasonable period of time, in the meet and confer process between the City’s management representatives and
representatives of recognized employee organizations on matters concerning which they are required to meet and confer in good faith or over the scope of
matters upon which they are required to meet and confer.
Joint Council – Two or more qualified employee organizations which have joined together for the purpose of seeking certification as a recognized
employee organization for an employee representation unit.
Management Employees – An employee having significant responsibilities for formulating or administering City or Departmental policies and
programs.
Management Representative – A person designated by a determining body or official, to carry out the responsibilities specified for a management
representative under this chapter.
Mediation – Efforts by an impartial party or parties to assist as intermediaries through interpretation, suggestion and advice, in reconciling disputes
regarding wages, hours and other terms and conditions of employment between the City’s management representatives and representatives of recognized
employee organizations.
Meet and Confer in Good Faith (or Meet and Confer) – The mutual obligation of the city’s management representatives and representatives of
recognized employee organizations personally to meet and confer within a reasonable period of time in order to exchange freely information, opinions, and
proposals, and to endeavor to reach agreement on matters within the scope of representation.
Memorandum of Understanding – A written memorandum, jointly prepared by the parties incorporating matters on which agreement is reached
through meeting and conferring between the City’s management representatives and representatives of a recognized employee organization. The
memorandum shall be presented to the appropriate determining body or official of the City for determination and implementation.
Professional Employee – An employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course
of instruction, including, but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical
and biological scientists.
Qualified Employee Organization – An organization which includes employees of the City, which has as one of its primary purposes representing
such employees in their relations with the City, and which has complied with the conditions specified in Section 4.820 of this Code.
Recognized Employee Organization – A qualified employee organization or joint council of qualified organizations which has been certified by the
Board as the majority representative of employees in an appropriate employee representation unit in accordance with the provisions of Section 4.822 of this
Code.
Such certified majority representative shall be the exclusive representative of the employees in the unit, subject to the right of an employee to represent
himself as provided in Section 4.857 of this Code.
Regular Employee – An employee who is appointed to a full-time or part-time permanent position.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 144,210, Eff. 2-10-73; Ord. No. 151,272, Eff. 9-2-78. Second para. added to Grievance definition, Ord. No. 161,882, Eff. 3-17-87.
Sec. 4.810. Employee Relations Board.
a.
Establishment and General Functions. There is hereby established the Los Angeles City Employee Relations Board consisting of five members,
whose terms shall be five years, appointed by the Mayor and confirmed by the City Council, to perform the functions hereinafter set forth.
Each member shall hold office until his successor is appointed and confirmed. If a vacancy occurs during a term, the appointee to said vacancy shall hold
office for the remainder of the term and until his successor is appointed and confirmed.
b.
Qualifications of Members. The members of the Board shall have broad experience in the field of employee relations and shall possess the impartiality
necessary to protect the public interest including the interests of the City and its employees.
c.
Appointment and Removal of Board Members. Board members shall be appointed and may be removed in accordance with the provisions of
Charter Section 502.
d.
Organization and Meetings of the Board. The Board shall meet regularly at least once each month and shall meet at other times upon call of the
chairman. Three members shall constitute a quorum and the votes of a majority of the Board members are required for action. Annually, at the Board’s July
meeting, the members of the Board shall elect a chairman.
e.
(Repealed)
f.
Powers and Duties of Board. The Board shall have the following powers and duties:
(1)
To determine employee representation units upon the request of qualified employee organizations and determine any dispute concerning the
relationship of employees in new or deleted classes to representation units.
(2)
To arrange with the City Clerk or other appropriate agency for elections among employees of an established representation unit to select the
recognized employee organization for the unit and to certify the organization determined to be the majority representative.
(3)
To determine contested matters involving elections, certification or decertification of recognized employee organizations.
(4)
To investigate and determine the validity of charges of unfair employee relations practices, to make findings, and to issue orders to cease and
desist which are not in conflict with other provisions of law.
(5)
To establish and maintain a list of mediators and other impartial third parties for use as provided for in this chapter.
(6)
To conduct investigations and hold public hearings on all matters relating to the composition of representation units and unfair employee
relations practices. Each member of the Board shall have the power to administer oaths and affirmations in any such investigation or public hearing before
the Board. The Board shall have the power and authority to examine witnesses under oath. The Board may compel the attendance of witnesses and the
production of evidence before it by subpoena to be issued in the name of the City of Los Angeles and to be attested to by the City Clerk. The City Clerk
shall, upon the demand of the chairman of the Board, issue the subpoena in the name of the City and attest the same with the seal of the City, and shall in
such subpoena direct and require the attendance of the witness and production of evidence before the Board at the time and place specified therein. The
Chief of Police shall cause all such subpoenas to be served upon the person named therein.
(7)
To determine issues affecting the recognition status of employee organizations involved in a merger, amalgamation, or transfer of jurisdiction
between two or more qualified employee organizations.
(8)
To select one of its members to act as a hearing examiner pursuant to the provisions of this Code. To appoint nonmember hearing officers to
hear unfair employee practice charges. Nonmember hearing officers shall be compensated for each day of hearing and each day required to prepare a report
and recommendations to be submitted to the Board, a daily rate equal to the rate allowed for arbitrators, mediators and fact finders, reference being made to
the total daily compensation presently divided by the City and the affected employee organization.
(9)
Following notice and hearing, to adopt reasonable rules and procedures, consistent with the provisions of this chapter and other laws, and
which are necessary in the performance of the duties and powers specified in this chapter.
(10)
To appoint an employee to fill the position of Executive Director, and to appoint employees to fill other positions authorized for the Board by
the City Council.
(11)
To act upon requests for mediation or fact finding in connection with the resolution of impasses as provided in this chapter.
(12)
To perform such other duties as may be necessary to carry out the Board’s responsibilities under the provisions of this chapter.
g.
Facilities, Supplies and Equipment. The City Council shall provide compensation, appropriate office facilities and necessary supplies and equipment
for the Board and its staff.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 149,241, Eff. 2-11-77; Ord. No. 151,272, Eff. 9-2-78; Subdiv. (1), Subsec. c, Subdiv. (10), Subsec. f, Ord. No. 155,932, Eff. 11-15-81; Subsec. (e), Repealed
by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. (c), Ord. No. 173,365, Eff. 7-29-00.
Sec. 4.811. Advisory Management Council.
There is hereby created an Advisory Management Council. The Advisory Management Council shall provide for representation by department managers in
personnel management and employee relations with policy-making processes and shall advise and assist the Director of the Office of Administrative and Research
Services, the General Manager of the Personnel Department and the managers of operation departments in the development of personnel management and employee
relations policies. The Advisory Management Council shall consist of the Director of the Office of Administrative and Research Services, the General Manager of
the Personnel Department, a representative appointed by the City Council, a representative of the Mayor, and not more than nine General Managers who shall be
appointed by the Mayor, subject to confirmation by the City Council. The Director of the Office of Administrative and Research Services shall serve as chairman of
said Council. Members shall serve at the pleasure of the appointing authority.
SECTION HISTORY
Added by Ord. No. 151,272, Eff. 9-2-78.
Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.820. Qualifications of Employee Organizations.
a.
Each employee organization desiring qualification to represent City employees in accordance with this chapter shall file a statement with the City Clerk
containing the following:
(1)
The name and address of the organization.
(2)
The objectives of the organization and its charter and/or constitution and/or bylaws.
(3)
The names and titles of its officers.
(4)
The names of employees or persons authorized to represent their organization, and whether they are authorized to speak for the organization on
all subjects, provided that this list may be supplemented from time to time. This requirement shall not prevent the appearance at the request of an employee
or employee organization of an attorney-at-law or an independent consultant in any matter or proceedings.
(5)
A statement that membership in such organization is not denied because of race, religious creed, color, sex, national origin or ancestry.
b.
The City Clerk shall register each employee organization which complies with the requirements of this section and shall maintain a list of such qualified
organizations for use in carrying out the provisions of this chapter.
c.
Qualified employee organizations shall promptly notify the City Clerk of any changes in the items specified in Subsection a of this section occurring
subsequent to the time of original filing.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 144,210, Eff. 2-10-73.
Sec. 4.822. Formal Recognition of Employee Organizations.
a.
Criteria for Determination of Appropriate Employee Representation Units. The Board shall consider the following and other relevant factors in
determining the appropriateness of representation units:
(1)
The community of interests of employees.
(2)
The history of employee representation in the unit, among other employees of the City and in similar employment.
(3)
The effect of the unit on the efficient operation of the City and sound employee relations.
(4)
The extent to which employees have common skills, working conditions, job duties or similar education requirements.
(5)
The effect on the City’s classification structure of dividing a single classification among two or more units.
(6)
The right of professional employees to be represented separately from nonprofessional employees.
(7)
Management or confidential employees shall not be included in the same unit with other employees.
b.
Petition for Certification as Majority Representative. A qualified employee organization or joint council of qualified organizations desiring
certification as the recognized employee organization of a proposed representation unit. shall file with the Board a petition in a form prescribed by the Board
containing the information specified below. The Board shall immediately post a notice in a place in its office which is open to the public that the petition has been
filed.
(1)
A statement specifying all of the class titles of the positions in the proposed representation unit and the departments and bureaus in which such
positions are located.
(2)
Written proof satisfactory to the Board dated within a period prescribed by the Board that the organization represents at least 30 percent of the
regular employees in the proposed unit.
(3)
A request that the Board certify the organization as the recognized employee organization representing a majority of the regular employees in
the proposed representation unit.
c.
Processing Requests for Certification. Petitions for certification shall be processed as provided below. It is the intent of this chapter that all
proceedings and actions in connection therewith be conducted and taken as expeditiously as possible.
(1)
Upon receipt of a petition for certification as the recognized employee organization for a proposed representation unit, the Board shall review
the information submitted for compliance with the requirements specified in Subsection b of this section. In investigating the appropriateness of proposed
representation units, the Board shall obtain and consider the reports and recommendations of the Personnel Department which shall take into consideration
the views of all concerned departments and officers, and the effect on the City. Affected qualified employee organizations may submit their views
concerning the proposed units, which views shall also be considered by the Board.
(2)
Formal recognition shall be determined by election.
(3)
Qualified employee organizations and joint councils, other than the petitioning organization or joint council, may intervene to seek
consideration as the majority representative in a representation proceeding. In order to be eligible for consideration as an intervening organization, a
qualified employee organization, or joint council must present within a period specified by the Board written proof satisfactory to the Board dated within a
period specified by the Board that it represents at least 10 percent of the employees in the proposed unit. The Board shall then hold a hearing and determine
the appropriate unit in accordance with the considerations prescribed in Subsection a of this section. The Board shall at the same time the unit is determined,
determine the organizations which shall appear on the ballot, if an election is required, and notify the employee organizations and the departments
concerned.
(4)
After the representation unit has been finally determined, the Board shall, if an election is required, arrange for a secret ballot election to be
conducted by the City Clerk or other agency designated by the Board. The choice of “no organization” shall also be included on the ballot. Regular
employees in the unit shall be entitled to vote in such. election if they were employed during a period of time, specified by the Board, immediately prior to
the pay period within which the election is held. Those employees shall be included who did not work during such period because of illness, vacation or
authorized leave of absence. An employee organization or joint council shall be certified by the Board as the majority representative following an election or
runoff election if such organization has received the vote of a numerical majority of the employees voting in the unit in which the election is held (i.e. in
excess of 50 percent of the valid votes of all employees voting).
(5)
In an election involving three or more choices, where none of the choices received a majority of the votes in accordance with Paragraph (4)
above, a runoff election shall be conducted between the two choices receiving the largest number of votes.
(6)
At least six months shall elapse following an election without a majority representative being chosen before a petition for certification may be
filed covering the same group of employees.
d.
Notification of Election Results and Certification. The City Clerk or other agency conducting the election shall transmit the election results to the
Board, and the Board shall notify affected employee organizations and departments of the election results and of its certification of the employee organization, if
any, winning the election.
e.
Duration of Certification. When an employee organization or joint council have been certified as the majority representative of an appropriate unit,
certification shall remain in effect for one year from the date thereof, and thereafter, until the organization is decertified as provided in Subsection f of this section.
f.
Decertification.
(1)
When a petition for decertification alleging that a certified employee organization or joint council is no longer the majority representative of
employees in an appropriate representation unit may be filed with the Board by an individual employee, a group of employees or their representatives, a
qualified employee organization or a joint council of qualified employee organizations.
(2)
The petition may be filed at any time after completion of the certified employee organization’s first year of certification. Provided, however, that
the Board may prescribe additional restrictions on the time of filing a petition during the terms, if any, of approved memorandum of understanding entered
into by such organization.
(3)
The petition shall be in a form prescribed by the Board and shall include written proof satisfactory to the Board dated within a period specified
by the Board that at least 30 percent of the employees in the unit do not desire to be represented by the currently certified employee organization. The
petition may be accompanied by a petition for certification.
(4)
If the Board determines that petition requirements have been met, it shall arrange for an election which shall be held in accordance with the
election provisions of Subsection c(4) of this section, to determine whether the currently certified organization shall be decertified. Such organization shall
be decertified if so determined through the election process.
(5)
A decertification election may be held concurrently with a representation election where the Board considers it appropriate to do so.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Subsec. c(2), c(4), Ord. No. 151,272, Eff. 9-2-78.
Sec. 4.830. Meeting and Conferring and Consulting.
a.
Meeting and Conferring.
(1)
The scope of meeting and conferring in good faith between management representatives and representatives of recognized employee
organizations includes, but is not limited to wages, hours, and other terms and conditions of employment within the employee representation unit.
(2)
Meeting and conferring shall not be required on any matter preempted or specifically provided for by Federal or State law or the City Charter,
nor shall meeting and conferring be required on the exercise of Employee Rights or City Management Rights as defined in Section 4.857 and 4.859 of this
Code. Rules and regulations adopted pursuant to Government Code Sections 3504.5 and 3507 and Rules of the Employee Relations Board and proposed
amendment thereto are excluded from the scope of meeting and conferring but are subject to consultation as provided below.
(3)
Requests for meeting and conferring by recognized employee organizations on matters requiring major budgetary financing shall be submitted
to the management representative of the City Council in time for adequate discussion, consideration and action in connection with the budget.
(4)
Meetings on those matters which affect employees generally may be held jointly with representatives of recognized employee organizations
representing all of the affected employees.
b.
Consultation.
(1)
The scope of consultation between management representatives and representatives of affected qualified employee organizations includes
employee relations matters that are specifically excluded from or otherwise not subject to the meet and confer process.
(2)
relations.
Every reasonable effort shall be made to have such consultations prior to effecting basic changes in any rule or procedure affecting employee
(3)
Requests for consultation shall be directed to the management representative of the determining body or official having jurisdiction over the
matter to be discussed.
(4)
In those instances where the Board has certified a qualified employee organization as the recognized employee organization for a particular
representation unit, representatives of other qualified organizations having members in that unit shall not have the right to consult on employee relations
matters on behalf of employees in said unit.
c.
Referral of Requests. Requests on matters within the scope of representation submitted to the City Council shall stand automatically referred to the
management representative of the Council for review and processing pursuant to the provisions of this chapter.
d.
Management and Confidential Employees. Management and confidential employees as defined in Section 4.801 of this Code shall be designated by
departments in consultation with the Personnel Department. Management and confidential employees shall not represent any employee organization which
represents other employees on matters within the scope of representation. In the event a dispute arises with a qualified employee organization over such designations
the matter may be appealed to the Board for determination.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 144,210, Eff. 2-10-73.
Sec. 4.840. Resolution of Impasses in Meeting and Conferring.
a.
Processing of Impasses Involving Proposed Changes to the Los Angeles City Charter.
(1)
If after a reasonable period of time the management representative and representatives of a recognized employee organization reach an impasse,
declared by any party, on any matter subject to the meet and confer process requiring an addition to, deletion from, or amendment of any provision of the
Los Angeles City Charter, the meet and confer process shall be deemed to have been completed. The impasse shall then be presented to the City Council for
final determination.
(2)
The Board shall have no jurisdiction over any impasse failing fully under the provisions of this subsection or over that portion of any multiple
issue impasse for which this subsection applies.
b.
Processing of Impasses Not Involving Proposed Changes to the Los Angeles City Charter.
(1)
If after a reasonable period of time the management representative and representatives of a recognized employee organization reach an impasse
on any matter not requiring an addition to, deletion from, or amendment of any provision of the Los Angeles City Charter, either party or parties may request
the assistance of the Board in resolving the impasse.
(2)
If the Board finds that the parties have not devoted sufficient time or effort to resolving the impasse, it may deny the request and return the
matter to the parties for further consideration.
(3)
If the Board concludes that in fact an impasse exists on matters not subject to the provisions of Subsection a, above, it may appoint one or more
mediators or fact-finders to assist the parties.
(4)
Fact-finding shall be limited to those issues originally referred for dispute settlement as determined by the Board.
Fact-finding proceedings shall be private. The fact-finding report shall be filed with the Board. The Board shall, within five calendar days, transmit
copies thereof to the parties and may, in its discretion, make the report public.
(5)
The Board shall adopt time limits and other restrictions on the fact-finding process substantially in accordance with the recommendations of the
fact-finder in Impasse No. 110. A copy of the fact-finder’s recommendations in Impasse No. 110 is on file at the offices of the Employee Relations Board.
c.
Cost of Impasse Resolution Procedures. The expense of mediation or fact-finding procedures shall be payable one-half by the City and one-half by
the recognized employee organization. The City shall furnish meeting space when required for such proceedings.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Subsecs. a and b, Ord. No. 161,787, Eff. 1-9-87.
Sec. 4.845. Paid Time Off for Representatives of Recognized Employee Organizations.
Reasonable time off without loss of pay shall be granted to employees serving as authorized representatives of recognized employee organizations when
formally meeting and conferring during regular working hours with City management representatives on matters within the scope of representation. The number of
employees granted such time off shall be based on a ratio of one for each 100 employees in the employee representation unit, provided that the number shall not be
less than two, nor more than seven, or other such number as mutually agreed upon by the parties. Only those employees whose active participation in the conduct of
such meetings is necessary shall be authorized paid time off.
SECTION HISTORY
Added by Ord. No. 141,257, Eff. 3-5-71.
Amended by: Ord. No. 151,272, Eff. 9-2-78.
Sec. 4.850. Advance Notice to Employee Organizations.
a.
A determining body or official shall give reasonable advance written notice to each qualified employee organization affected, of any ordinance, rule,
resolution or regulation within its jurisdiction directly relating to matters within the scope of representation proposed to be adopted by the determining body or
official and shall give such organization an opportunity to consult with the determining body or official, subject to the restrictions on the right to consultation
contained in Section 4.830b(4).
b.
In cases of emergency, when such an ordinance, rule, resolution or regulation must be adopted immediately without prior notice to qualified employee
organizations effected, notice shall be given by the appropriate determining body or official, and an opportunity to consult shall be given to each organization
subject to the restrictions on the right to consultation contained in Section 4.830(b) at the earliest practical time following the adoption of such ordinance, rule,
resolution or regulation.
c.
The provisions of Subsections a and b shall not apply to any ordinance, rule, resolution or regulation prepared or adopted pursuant to a Memorandum of
Understanding.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 144,210, Eff. 2-10-73.
Sec. 4.855. Availability of Data.
a.
The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the
public records of the City, subject to the limitations and conditions set forth elsewhere in the Los Angeles Administrative Code and in the California Public Records
Act.
b.
Such information shall be made available during regular office hours in accordance with the City’s rules and procedures.
c.
Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data
collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose
the source.
d.
Upon the setting of an election by the Board, the Personnel Department shall, upon request of a qualified organization approved for inclusion on the
ballot, furnish a list of the names and departments of employees in the representation unit. The list shall be made available a reasonable time in advance of the
election.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Sec. 4.857. Employee Rights.
Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing pursuant to the
provisions of this chapter for the purpose of representation on matters of employee relations, other than those excluded herein. City employees also shall have the
right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment
relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Sec. 4.859. City Management Rights.
Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are
specified by law. In order to fulfill this responsibility it is the exclusive right of City management to determine the mission of its constituent departments, offices
and boards, set standards of services to be offered to the public and exercise control and discretion over the City organization and operations. It is also the exclusive
right of City management to take disciplinary action for proper cause, relieve City employees from duty because of lack of work or other legitimate reasons and
determine the methods, means and personnel by which the City’s operations are to be conducted and to take any necessary actions to maintain uninterrupted service
to the community and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees or their representatives
from consulting or raising grievances about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of
employment; provided, however, that employees in the representation unit Police Officers, Lieutenant and Below or their representatives may not raise such
grievances.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Last line section para., Ord. No. 161,882, Eff. 3-17-87.
Sec. 4.860. Unfair Employee Relations Practices.
a.
It shall be an unfair employee relations practice for management:
(1)
To interfere with, restrain, discourage, or coerce employees in the exercise of their rights granted in this chapter;
(2)
To attempt to dominate or control any employee organization;
(3)
To refuse to meet and confer in good faith at reasonable times, places and frequencies with representatives of recognized employee
organizations or to refuse to consult upon request with qualified employee organizations on matters which are properly within the scope of representation,
where no recognized employee organization exits.
(4)
To fail or refuse to cooperate in impasse procedures invoked under the provisions of this chapter.
(5)
To discriminate against any employee because of race, religion, color, sex, national origin, ancestry, age, disability, marital status or sexual
orientation with regard to terms and conditions of employment except as required by law or where based on a bona fide occupational qualification.
b.
It shall be an unfair employee relations practice for employees, employee organizations or their representatives:
(1)
To interfere with, restrain or coerce employees on the exercise of their rights granted in this charter.
(2)
To discriminate against any employee because of race, religious creed, color, sex, national origin, or ancestry of any person with regard to the
terms and conditions of membership in an employee organization.
(3)
Additionally, it shall be an unfair employee relations practice for a certified employee organization to refuse to meet and confer in good faith at
reasonable times, places and frequencies with City management representatives on matters which are properly within the scope of representation, to fail or
refuse to cooperate in impasse procedures invoked under the provisions of this chapter, or for the Los Angeles Police Protective League to intentionally fail
or refuse to comply with any provisions of a memorandum of understanding reached by the parties. Should the Los Angeles Police Protective League be
abolished, this provision shall apply to any board or organization created to assume its functions as the recognized employee organization.
c.
Claims of unfair employee relations practices under this section may be made by employee representatives, an individual employee or a group of
employees, or by a management representative. Such claims shall be processed by the Board in accordance with its rules.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 144,210, Eff. 2-10-73; Para. (5), Ord. No. 173,004, Eff. 2-3-00, Oper. 7-1-00; Subsec. (b)(3), Ord. No. 173,513, Eff. 9-26-00.
Sec. 4.865. Grievance Procedure for Recognized Employee Organizations.
a.
The management representative principally responsible for meeting and conferring with a recognized employee organization shall meet and confer with
the representatives of such employee organization to develop a grievance procedure for employees in the representation unit, to be incorporated into any
memorandum of understanding reached by the parties. Such grievance procedure shall apply to all grievances, as defined in Section 4.801 of this Code, shall provide
for arbitration of all grievances not resolved in the grievance procedure, and shall conform to the following standards:
(1)
Provision shall be made for discussion of the grievance first with the employee’s immediate supervisor on an informal basis;
(2)
Provision shall be made for the filing of a formal grievance in writing, and for the processing of the unresolved grievance through not more than
four, nor less than two, levels of review with written notice of the results of each such review to the employee and to his representative, if any;
(3)
An employee may be represented by a representative of the employee’s choice in the informal discussion with the employee’s immediate
supervisor, in all formal review levels, and in arbitration; provided, however, that such representative may not be an employee or officer of another qualified
organization except with the written consent of the organization granted exclusive representation.
(4)
If the grievance is not resolved in the grievance procedure either party may submit the grievance to arbitration by written notice to the other
party of its desire to arbitrate. Following such notice the parties shall meet for the purpose of selecting an arbitrator from a list of seven arbitrators to be
furnished to the parties by the Board. In selecting the arbitrator from said list, the parties shall alternately strike names from the list until one name remains.
The arbitrator remaining shall hear the case. In the event he is unable to hear the case, the parties shall obtain a new list of seven arbitrators and shall select a
new arbitrator in the manner set forth above. With respect to grievances involving the Departments of Airports, Harbor, Water and Power, Library,
Recreation and Parks, Pensions and City Employees’ Retirement System the decision of the arbitrator shall be advisory only.
With respect to grievances involving all other City departments, the decision of the arbitrator shall be final and binding on the parties;
(5)
All expenses of arbitration, including the arbitrator’s fee shall be shared equally by the parties.
b.
The Board shall maintain a list of neutral professional arbitrators and shall, upon request of any party, furnish to the parties to the dispute a list of seven
arbitrators for selection of an arbitrator to arbitrate an unresolved grievance, as set forth above.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Subsec. (a), Ord. No. 144,462, Eff. 3-1-73; Subsec. a(3), Ord. No. 151,272, Eff. 9-2-78.
Sec. 4.870. Organization for Relationships with Employee Organizations.
a.
Designation of Management Representative.
(1)
The Director of the Office of Administrative and Research Services, or the employee authorized by him to act in such capacity, is hereby
designated as the City’s management representative in formal relationships with representatives of recognized employee organizations on matters which are
properly within the scope of representation on which the City Council is the determining body.
(2)
The chief administrative officer of each City department or office, or the employee authorized by him to act in such capacity, is hereby
designated as the City’s management representative in formal relationships with representatives of recognized employee organizations on matters which are
properly within the scope of representation and on which the head of the department or office is the determining body or official.
b.
Responsibilities of Management Representatives.
It shall be the responsibility of the City’s management representatives to:
(1)
Personally, or through duly authorized representatives, meet and confer in good faith and endeavor to reach agreement with representatives of
recognized employee organizations.
(2)
Review the progress of meeting and conferring with the determining body or official to receive advice and instructions.
(3)
Jointly, with representatives of recognized employee organizations, prepare and sign written memorandums of understanding incorporating all
matters agreed on through meeting and conferring in good faith.
(4)
Present the memorandums of understanding to the determining body or official for determination.
(5)
If, after a reasonable period of time, agreement is not reached, review the matter with the determining body or official to determine what further
action should be taken.
c.
Approval of Memorandum of Understanding.
(1)
Memorandums of understanding on matters concerning which the City Council is the determining body shall become effective when approved
by the City Council. Where an ordinance is required to effectuate the Memorandum, it shall become effective upon the effective date of the ordinance.
(2)
Memorandums of understanding on matters concerning which the head of a department or office is the determining body or official shall
become effective when approved by such body or official.
d.
Coordination of Employee Relations.
(1)
The Director of the Office of Administrative and Research Services shall:
(a)
Keep the Mayor and City Council informed regarding the status of employee relations activities in the City.
(b)
Establish a unit in his office to provide advice and technical staff assistance to department and office heads and management
representatives in meeting and conferring with representatives of recognized employee organizations, preparing memorandums of understanding,
dealing with impasses, carrying out other duties concerning the employee relations program, and to assure reasonable uniformity among departments
in all aspects of the City’s employee relations program.
(c)
Maintain a central clearing house of information for departments on recognized employee organizations, status of discussions in
progress, agreements reached and other information relating to the operation of the employee relations program.
(d)
Monitor and evaluate the employee relations program and recommend appropriate revisions to policy, procedures and rules to
determining bodies or officials.
(e)
Maintain liaison with and, upon request, provide assistance to the employee relations staffs of departments having control of their own
funds in carrying out his coordinating responsibilities.
(f)
units.
Provide reports and recommendations to the Personnel Department concerning the appropriateness of proposed employee representation
(g)
Issue bulletins from time to time, after consulting with affected employee bargaining units, interpreting Memorandum of Understanding
provisions, where a literal interpretation of the language may not reflect the intent of the parties or where the language does not clearly outline
procedures to be used in certain isolated circumstances. The Controller and other City departments may further request clarification of Memorandum
of Understanding provisions from the Director of the Office of Administrative and Research Services where there is an indication that the provisions
are not being uniformly interpreted through the City. Such interpretive bulletins shall be reviewed and approved by a representative of the City
Attorney and by the Personnel Committee of the City Council prior to their issuance.
(2)
The General Manager Personnel Department shall:
(a)
On those issues and elements of the employee relations program involving Personnel Department responsibilities, provide reports and
recommendations to the Board and provide advice and assistance to department heads and management representatives. Keep the Mayor and City
Council and other officials advised of such matters.
(b)
Issue guidelines for departmental working rules.
(c)
Coordinate the views of concerned departments on the appropriateness of proposed representation units and provide reports and
recommendations thereon to the Board.
(d)
Maintain liaison with and provide assistance to the employee relations staff of departments having control of their own funds on those
issues involving Personnel Department responsibilities.
(e)
Provide training to assist operating departments in the handling of employee relations in accordance with Administrative Code Sections
4.311 through 4.316.
(3)
The management representative of each determining body or official shall:
(a)
units.
Provide advice and recommendations to the Personnel Department concerning the appropriateness of proposed employee representation
(b)
Provide in accordance with the provisions of Administrative Code Sections 4.311 through 4.316, and in cooperation with the Personnel
Department, training for departmental management and supervisory, personnel in the handling of employee relations.
(c)
Notify the Director of the Office of Administrative and Research Services of the status of employee relations activities; such as,
grievances, claims of unfair employee relations practices, and of requests to meet and confer in good faith.
(d)
e.
Notify the Personnel Department of the status of all employee relations activities involving Personnel Department responsibilities.
Executive Employee Relations Committee.
(1)
There is hereby established an Executive Employee Relations Committee consisting of the Mayor, the President and President Pro-Tem of the
City Council, the Chairperson of the Personnel Committee of the City Council or a member thereof to be designated by the Chairperson, and the Chairperson
of the Budget and Finance Committee.
(2)
The Committee shall meet at the call of the Mayor until it has selected a chairperson, after which it shall meet at the call of the chairperson.
Such meetings shall be in closed session except when otherwise prohibited by law. Any member of the Council may attend any meeting of the Committee.
(3)
It shall be the duty of the Committee to meet no later than April 1 of each year with the City’s management representative to give advice and
instructions with respect to the City’s bargaining position in the meet and confer process.
(4)
The Committee shall also advise the Council with respect to salaries set by ordinance.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Subsec. e, added, Ord. No. 150,940, Eff. 7-2-78; Para. (g), Subdiv. (1), Subsec. d., added by Ord. No. 150,964, Eff. 7-8-78; Subdiv. (2), Subsec. e, Ord. No. 161,892,
Eff 2-16-87; Subsec. d., Subdiv. (g), Subsec. e., Subdiv. (1), Ord. No. 164,741, Eff. 5-27-89, Oper. 7-1-89; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.875. Applicability.
This chapter shall apply to all departments offices and bureaus of the City.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 141,934 amends Ord. No. 141,527, Eff. 5-30-71; Ord. No. 144,462, Eff. 3-1-73.
Sec. 4.880. Construction.
a.
Charter.
Nothing in this chapter shall be construed to deny any person or employee the rights granted by Federal and State laws and the provisions of the City
b.
The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by
this chapter.
c.
the City.
d.
The enactment of this chapter shall not be construed as making the provisions of Section 923 of the California Labor Code applicable to employees of
The provisions of this chapter are not intended to conflict with provisions of the Meyers-Milias-Brown Act.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Sec. 4.890. Separability.
If any provision of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remainder of this chapter. The Council of this City hereby declares that it would have adopted this chapter and each provision
thereof irrespective of the fact that any one or more provisions be declared invalid or unconstitutional.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
CHAPTER 9
COMPENSATION PLAN FOR DEPARTMENT OF WATER AND POWER
(Title added by Ord. No. 150,957, Eff. 6-13-78, Oper. 4-17-78.)
Section
4.900.1
4.901
4.902
4.903
4.903.1
4.904
4.908
Adoption of the Compensation Plan for Department of Water and Power.
Step Placement upon Initial Appointment.
Salary Step Placement on Assignment to a Different Position in City Service.
Salary Step Adjustment.
Salary Step Placement for Non-represented Exempt Positions.
Return from Layoff or Separation from City Service.
Overtime Compensation.
Sec. 4.900.1. Adoption of the Compensation Plan for Department of Water and Power.
The following Compensation Plan for classes of positions in the Department of Water and Power is hereby established and the Code numbers, titles, duties
and description record numbers, position grades and salaries or salary ranges as hereinafter set forth are hereby fixed for such classes of position unless otherwise
provided for by ordinance implementing a Memorandum or Understanding. Such schedule of classes, together with the codes, titles, duties and description record
numbers, position grades and salaries or salary ranges shall constitute the Compensation Plan for all positions in the Department of Water and Power and shall be
known as Schedule “B”. Whenever in this Code the term Schedule “B” is used, it shall be deemed to mean and refer to the Schedule “B” in this section.
Whenever in Schedule “B” a class has a salary range indicated, such salary range shall be as established in accordance with Section 4.60 of this Code.
Whenever in Schedule “B” a class of employees is found in a representation unit, the appropriate Memorandum of Understanding number is referenced instead
of the salary range. Whenever in Schedule “B” a class of employees is found in both a representation unit and is also employed in daily-rated positions, both
Schedule G (daily-rated) and the appropriate Memorandum of Understanding number are referenced instead of the appropriate salary ranges.
[NOTE: The MOU or Ordinance number referenced below in Schedule “B” sets forth the most current salary range or salary for the position indicated.]
SCHEDULE
“B”
Code No.
Title
Salary Range No. or
Ordinance No.
Accountant
Accounting Aide
Administrative Intern (3 yrs. college)
Administrative Intern (4 yrs. college)
Affirmative Action Officer
Air Conditioning Mechanic
Air Conditioning Mechanic Supervisor
Applications Programmer
Apprentice Electrical Repairer
Apprentice Machinist
Apprentice Metal Trades
Aqueduct and Reservoir Keeper
Aqueduct and Reservoir Supervisor
Architect
Architectural Assistant
Architectural Associate
Architectural Drafting Technician
Assistant Automotive Superintendent
Assistant Communications Cable Worker
Assistant Communications Electrician
Assistant Computer Operator
Assistant Director Information Systems
Assistant Electrical Tester
Assistant Engineering Geologist
Assistant General Manager - Power
MOU 41
MOU 41
177,709
177,709
179,995
MOU 47
MOU 51
MOU 54
MOU 47
MOU 47
MOU 47
MOU 50
MOU 51
MOU 53
MOU 48
MOU 48
MOU 54
MOU 46
MOU 47
MOU 47
MOU 54
MOU 46
MOU 47
MOU 48
182,207
A
1513
1585
1535
1535
1760
3774
3781
1429
3850
3764
3789
5813
5816
7925
7923
7924
7922
3715
3808
3684
1405
9377
7511
7253
9805
9905
0151-1
0151-2
0151-3
9415
1860
6147
9759
3704
3706
3707
3721
3595
7560
3714
Assistant General Manager - Water
Assistant General Manager Water and
Power I
Assistant General Manager Water and
Power II
Assistant General Manager Water and
Power III
Assistant Retirement Plan Manager
Assistant Utility Buyer
Audiovisual Assistant
Auditor Water and Power
Auto Body Builder and Repairer
Auto Body Repair Supervisor
Auto Electrician
Auto Painter
Automotive Dispatcher
Automotive Engineer
Automotive Supervisor
182,207
Battery Technician Supervisor
Battery Technician
Bindery Worker
Bindery Equipment Operator
Blacksmith
Boilermaker Supervisor
Building Maintenance Superintendent
Building Repair Supervisor
Building Repairer
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
Cabinet Maker
Carpenter
Carpenter Shop Supervisor
Carpenter Supervisor
Cashier Water and Power
Cement Finisher
Cement Finisher Supervisor
Cement Finisher Worker
Chemist
Chief Clerk Accounting
Chief Electric Plant Operator
Chief Load Dispatcher
Chief of Drafting Operations
Chief Real Estate Officer
Chief Safety Engineer Pressure Vessels
Chief Security Officer
Chief Telephone Operator
Civil Engineer
Civil Engineer Assistant
Civil Engineer Associate
Civil Engineering Drafting Technician
Claims Agent
Clerk
Clerk Stenographer
Clerk Typist
Commercial Executive
Commercial Field Representative
Commercial Field Supervisor
Commercial Manager
MOU 47
MOU 47/Sch. G
MOU 51
MOU 51
177,709
MOU 47/Sch. G
MOU 51/Sch. G
MOU 47
MOU 48
MOU 46
MOU 46
MOU 46
MOU 46
MOU 46
MOU 54
MOU 51
MOU 52
MOU 53
MOU 48
MOU 48
MOU 54
MOU 46
MOU 42
MOU 42
MOU 42
MOU 46
MOU 47
MOU 52
MOU 46
182,207
182,207
182,207
MOU 46
MOU 41
MOU 47
182,207
MOU 47
MOU 51
MOU 47
MOU 47
MOU 51
MOU 53
MOU 51
B
3726
3725
1497
1485
3733
3737
3179
3338
3333
51
47
47
47
47
47/Sch. G
46
51
47
C
3343
3344
3339
3346
9669
3353
3354
3351
7833
1254
5237
5238
7271
1949
4260
3187
1466
7237
7240
7235
7232
1767
1141
1321
1358
9156
1600
1603
1259
1213
0101-2
3800
3802
3686
3689
1461
3503
1427
3127
3129
0901
0902
0905
0904
0909
0908
0911
0913
0912
0916
0915
0918
0994
0995
0996
0930
0931
0920
3543
3541
0919
3341
0921
0941
7291
0933
0932
0940
0951
0950
0943
0944
0954
0953
0957
0959
0958
0963
0962
0965
0966
0922
0968
0969
Commercial Service Supervisor
Commissioner
Communications Cable Supervisor
Communications Cable Worker
Communications Electrician
Communications Electrician Supervisor
Communications Operator
Compressor Operator
Computer Operator
Construction and Maintenance Supervisor
Construction and Maintenance
Superintendent
Construction Asbestos Supervisor
Construction Asbestos Worker
Construction Boilermaker Supervisor
Construction Boilermaker
Construction Bricklayer Supervisor
Construction Bricklayer
Construction Cabinet Maker
Construction Carpenter Supervisor
Construction Carpenter
Construction Cement Finisher Supervisor
Construction Cement Finisher
Construction Compressor Operator
Construction Electrical Helper
Construction Electrical Mechanic
Construction Electrical Mechanic
Supervisor
Construction Equipment Erection
Supervisor
Construction Equipment Erector
Construction Equipment Operator
Construction Equipment Service
Supervisor
Construction Equipment Service Worker
Construction Equipment Supervisor
Construction Estimator
Construction Heavy Duty Truck Operator
Construction Helper
Construction Inspector
Construction Ironworker Supervisor
Construction Ironworker
Construction Labor Supervisor
Construction Lather Supervisor
Construction Lather
Construction Mechanical Helper
Construction Miner
Construction Painter Supervisor
Construction Painter
Construction Pipefitter Apprentice
Construction Pipefitter Supervisor
Construction Pipefitter
Construction Plasterer Supervisor
Construction Plasterer
Construction Plumber - Exempt
Construction Plumber Supervisor
Construction Power Shovel Operator
Construction Protective Coating
Supervisor
Construction Protective Coating Worker
MOU 52
182,207
MOU 51
MOU 47
MOU 47
MOU 51
MOU 42
MOU 47/Sch. G
MOU 54
MOU 51/Sch. G
MOU 46
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
MOU 51
MOU 47
Sch. F
177,709
Sch. F
Sch. F
177,709
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
0960
0961
0934
0935
0936
0973
0972
0923
0945
0976
0975
0928
0927
0937
0978
0992
0993
0924
0925
0980
0979
3363
3156
3176
1230
D
1137
1433
1434
1136
1134
1121
9558-1
9558-2
9376
1857
3208
1671
1135
7229
3415
1493
Construction Refrigeration Fitter
Construction Refrigeration Fitter
Supervisor
Construction Reinforcing Steel Supervisor
Construction Reinforcing Steel Worker
Construction Rigger
Construction Roofer Supervisor
Construction Roofer
Construction Sandblast Operator
Construction Security Officer
Construction Sheet Metal Supervisor
Construction Sheet Metal Worker
Construction Sprinkler Fitter Supervisor
Construction Sprinkler Fitter
Construction Structural Steel Shop
Worker
Construction Structural Welder
Construction Tower Line Mechanic
Construction Tower Line Mechanic
Supervisor
Construction Truck Crane Oiler
Construction Truck Operator
Construction Welder Supervisor
Construction Welder
Cook Housekeeper
Custodial Services Attendant
Custodian Supervisor
Customer Service Representative
Sch. F
Data Control Assistant
Data Entry Operator
Data Entry Supervisor
Data Processing Technician
Data Processing Technician Trainee
Delivery Driver
Director of Human Resources I
Director of Human Resources II
Director of Information Services
Director of Purchasing Services
Director of Security Services
Display Worker
Documentation Technician
Drafting Aide
Duplicating and Mailing Equipment
Repairer
Duplicating Machine Operator
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
EDP Trainee
Electric Distribution Mechanic
Electric Distribution Mechanic Supervisor
Electric Distribution Mechanic Trainee
Electric Meter Setter
Electric Plant Superintendent
Electric Pumping Plant Operator
Electric Service Representative
Electric Station Operator
Electric Trouble Dispatcher
Electrical Craft Helper
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
Sch. F
MOU 47
MOU 47
MOU 51
MOU 42
42
42
42
42
42
42
46
46
46
46
46
47
54
54
MOU 47
MOU 47
E
1402
3878
3873
3870
3822
5264
5853
7520
5224
3828
3799
54
47
51
47
47
46
50
47
47
47
47/Sch. G
7539
7533
7535
7532
3841
3835
3855
3853
3827
3825
7513
3863
3866
3860
7217
7255
7530
7304
7305
7320
3711
3525
3746
3536
3734-1
3734-2
3527
0360-1
0360-2
Electrical Engineer
Electrical Engineering Assistant
Electrical Engineer Associate
Electrical Engineering Drafting Tech
Electrical Mechanic
Electrical Mechanic Supervisor
Electrical Repair Supervisor
Electrical Repairer
Electrical Service Supervisor
Electrical Service Worker
Electrical Tester
Electrician
Elevator Mechanic
Elevator Mechanic Helper
Engineering Designer
Engineering Geologist
Engineering Specialist
Environmental Supervisor
Environmental Associate
Environmental Affairs Officer
Equipment Mechanic
Equipment Operator
Equipment Repair Supervisor
Equipment Service Supervisor
Equipment Specialist I
Equipment Specialist II
Equipment Supervisor
Executive Assistant to General Manager
DWP I
Executive Assistant to General Manager
DWP II
MOU 53
MOU 48
MOU 48
MOU 54
MOU 47/Sch. G
MOU 51/Sch. G
MOU 51
MOU 47
MOU 51
MOU 47
MOU 47
MOU 47
MOU 47
MOU 47
MOU 54
MOU 48
177,709
MOU 53
MOU 48
MOU 53
MOU 47
MOU 47/Sch. G
MOU 51
MOU 51
MOU 54
MOU 54
Sch. G
Field Engineering Aide
Fleet Services Manager
MOU 54
MOU 46
Garage Attendant
Gardener Caretaker
General Automotive Supervisor
General Electrical Mechanic Supervisor
General Electrical Repair Supervisor
General Mechanical Repair Supervisor
General Services Manager
Graphics Designer
Graphics Supervisor
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
47
47
46
46
46
46
46
54
56
Head Custodian Supervisor
Heavy Duty Equipment Mechanic
Heavy Duty Truck Operator
Hydrographer
MOU
MOU
MOU
MOU
51
47
47/Sch. G
54
Industrial Chemist
Industrial Graphics Supervisor
Industrial Hygienist
Information Services Specialist
Information Systems Manager
Information Systems Operations Manager
MOU
MOU
MOU
MOU
MOU
MOU
53
46
53
54
46
56
182,207
182,207
F
7228
9103
G
3531
3141
3718
3838
3858
3778
9601
1670
7935
H
3178
3743
3584
7263
I
7834
1490
2330
1456
1409
1411
3843
3844
3846
3842
9145
3474
3475
Instrument Mechanic
Instrument Mechanic Supervisor
Instrument Repair Supervisor
Instrument Repairer
Investment Officer
Ironworker
Ironworker Supervisor
MOU 50
MOU 51
MOU 51
MOU 47
MOU 46
MOU 47/Sch. G
Sch. G
Labor Supervisor
Laboratory Technician
Land Surveying Assistant
Law Clerk
Legislative Representative
Light Equipment Operator
Line Maintenance Assistant
Load Dispatcher
Locksmith
MOU 51/Sch. G
MOU 54
MOU 54
177,709
182,207
MOU 47
MOU 47
MOU 44
MOU 47
Machinist
Machinist Supervisor
Maintenance and Construction Helper
Maintenance Laborer
Management Analyst
Management Aide
Management Assistant
Managing Water Utility Engineer
Masonry Worker
Materials Testing Engineer
Materials Testing Engineering Assistant
Materials Testing Engineering Associate
Materials Testing Technician
Mechanical Engineer
Mechanical Engineering Assistant
Mechanical Engineering Associate
Mechanical Engineering Drafting
Technician
Mechanical Helper
Mechanical Repair General Supervisor
Mechanical Repairer
Medical Director
Messenger Clerk
Meter Reader
Millwright
Millwright Supervisor
Miner
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
Occupational Health Nurse
Occupation Trainee I
Occupation Trainee II
Office Engineering Technician
Office Equipment and Machine Repairer
Office Equipment Repair Supervisor
Office Trainee
Operations and Statistical Research
Analyst
MOU 48
177,709
177,709
MOU 54
MOU 47
MOU 51
MOU 42
L
3126
7854
7283
0562
9482
3523
3882
5233
3393
M
3763
3766
3115
3112
9184
1508
1539
9406
3451
7973
7971
7972
7968
7558
7553
7555
7551
3771
3731
3773
2334
1111
1611
3760
3762
3404
O
2314
3111-1
3111-2
7212
3414
3416
1101
1779
P
47/Sch. G
51/Sch. G
47/Sch. G
47
41
41
41
46
47
53
48
48
54
53
48
48
MOU 54
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
47/Sch.
51
47
46
42
47
47/Sch.
51/Sch.
47/Sch.
MOU 48
G
G
G
G
3423
3423
3426
3145
1735
1793
0651
0655
0657
3433
3438
3453
3443
3446
9453
3558
7545
7219
1171
1336
1202
3830
7531
3147
7550
1786
1457
3200
1839
1458
1589
9102
1777
1483
1431
1964
3465
3463
1784
1785
5858
9679
Painter I
Painter II
Painter Supervisor
Park Maintenance Supervisor
Personnel Analyst
Photographer
Physician I
Physician II
Physician III
Pipefitter
Pipefitter Supervisor
Plasterer
Plumber
Plumber Supervisor
Power Engineering Manager
Power Shovel Operator
Power Utility Engineering Associate
Principal Civil Engineering Drafting
Technician
Principal Clerk Personnel
Principal Clerk Stenographer
Principal Clerk Utility
Principal Electric Trouble Dispatcher
Principal Electrical Engineering Drafting
Technician
Principal Grounds Maintenance
Supervisor
Principal Mechanical Engineering
Drafting Technician
Principal Public Relations Representative
Principal Radio Operator
Principal Security Officer
Principal Storekeeper
Principal Telephone Operator
Principal Utility Accountant
Principal Utility Management Assistant
Principal Workers Compensation Analyst
Printing Services Supervisor
Programmer Analyst
Property Manager
Protective Coating Supervisor
Protective Coating Worker
Public Information Specialist
Public Relations Specialist
Pumping Plant Supervisor
Purchasing Agent
MOU 47
Sch. G
MOU 51/Sch.
MOU 51
**
MOU 54
182,207
182,207
182,207
MOU 47/Sch.
MOU 51/Sch.
MOU 47
MOU 47/Sch.
Sch. G
MOU 46
MOU 47/Sch.
MOU 48
Radio Operator
Radiologic Technologist
Range and Wildlife Management
Specialist
Rates Manager
Real Estate Associate
Real Estate Officer
Real Estate Trainee
Records Management Officer
Reinforcing Steel Supervisor
Reinforcing Steel Worker
Relief Retirement Worker
MOU 47
MOU 54
G
G
G
G
G
MOU 56
MOU
MOU
MOU
MOU
52
52
52
51
MOU 56
MOU 51
MOU 56
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
46
51
51
46
52
46
46
46
52
48
46
51
47
52
41
51
46
R
1454
2353
7862
5601
1941
1960
1937
1282
3485
3483
1133
MOU 48
MOU 46
MOU 54
MOU 54
MOU 54
177,709
Sch. G
MOU 47/Sch. G
177,709
3162
3163
3473
1530
3476
Reprographics Operator
Reprographics Supervisor
Rigger
Risk Manager
Roofer
MOU
MOU
MOU
MOU
MOU
47
52
47/Sch. G
46
47
Safety Engineer
Safety Engineer Pressure Vessels
Safety Engineering Associate
Sandblast Operator
Sanitary Engineer
Sanitary Engineering Assistant
Sanitary Engineering Associate
Seasonal Meter Reader
Secretary Legal
Secretary Water and Power Commission
Security Officer
Senior Architect
Senior Architectural Drafting Technician
Senior Automotive Supervisor
Senior Battery Repairer
Senior Civil Engineering Drafting
Technician
Senior Claims Representative
Senior Clerk
Senior Clerk Stenographer
Senior Clerk Typist
Senior Customer Field Representative
Senior Communications Cable Worker
Senior Communications Electrician
Senior Communications Electrician
Supervisor
Senior Communications Electrician
Supervisor
Senior Communications Operator
Senior Computer Operator
Senior Construction Boilermaker
Senior Construction Inspector
Senior Construction Painter
Senior Custodial Services Attendant
Senior Data Processing Technician
Senior Display Worker
Senior Duplicating Machine Operator
Senior Electric Pumping Plant Operator
Senior Electric Service Representative
Senior Electric Trouble Dispatcher
Senior Electrical Engineering Drafting
Technician
Senior Electrical Mechanic
Senior Electrical Mechanic Supervisor
Senior Electrical Repair Supervisor
Senior Electrical Tester
Senior Electrician
Senior Equipment Mechanic
Senior Gardener
Senior Heavy Duty Equipment Mechanic
Senior Hydrographer
Senior Industrial Hygienist
Senior Load Dispatcher
MOU 52
MOU 54
MOU 41
MOU 47
MOU 53
MOU 48
MOU 48
177,709
MOU 42
182,207
MOU 49/Sch. G
MOU 46
MOU 54
MOU 51
MOU 47
S
1727
4261
1726
3118
7872
7866
7870
1613
1924
9739
3181
7927
7208
3716
3724
7207
1770
1143
1323
1368
1602
3801
3638
3690
3691
1467
1428
0906
7294
0955
3157
1139
1672
1500
5856
7521
3829
7209
3834
3836
3856
7515
3864
3712
3143
3745
7264
2331
5235
MOU 54
MOU
MOU
MOU
MOU
MOU
MOU
MOU
41
42
42
42
47
47
47
MOU 46
MOU 46
MOU 42
MOU 54
Sch. F
MOU 47
Sch. F
MOU 47
MOU 52
MOU 51
MOU 47
MOU 51
MOU 51
MOU 51
MOU 54
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
47
51/Sch. G
51
47
51
47
47
47
56
46
44
3768
1845
3125
7210
3424
3146
1795
3444
7529
1961
4262
3184
1837
7288
1597-1
1597-2
1463
1192
1947
3587
3815
1521
1862
9101
3753
3134
1769
3777
3775
3780
3428
9185
5622
5630
3786
5625
5624
5650
1835
1850
1866
7956
7953-1
3793
3794
3791
7203-1
7203-2
7203-3
7203-4
1502
1505
1505-1
1505-2
1501
Senior Machinist Supervisor
Senior Materials Expediter
Senior Mechanical Construction
Supervisor
Senior Mechanical Engineering Drafting
Technician
Senior Painter
Senior Park Maintenance Supervisor
Senior Photographer
Senior Plumber
Senior Radio Interference Inspector
Senior Real Estate Officer
Senior Safety Engineer Pressure Vessels
Senior Security Officer
Senior Storekeeper
Senior Survey Supervisor
Senior Systems Analyst I
Senior Systems Analyst II
Senior Telephone Operator
Senior Teller
Senior Title Examiner
Senior Truck and Equipment Dispatcher
Senior Underground Distribution
Construction Supervisor
Senior Utility Accountant
Senior Utility Buyer
Senior Utility Management Assistant
Senior Utility Marketing Representative
Senior Wood & Metal Shops Supervisor
Senior Workers Compensation Analyst
Sheet Metal Supervisor
Sheet Metal Worker
Shops Superintendent
Sign Painter
Staff Assistant to General Manager Water
and Power
Steam Plant Assistant
Steam Plant Maintenance Mechanic
Steam Plant Maintenance Supervisor
Steam Plant Operating Supervisor
Steam Plant Operator
Steam Plant Superintendent
Storekeeper
Stores Superintendent
Stores Supervisor
Structural Engineer
Structural Engineering Associate I
Structural Steel Fabricator
Structural Steel Fabricator Supervisor
Structural Welder Student Engineer I - 1 year Eng. Educ.
Student Engineer II - 2 years Eng. Educ.
Student Engineer III - 3 years Eng. Educ.
Student Engineer IV - Senior Engineering
Student
Student Professional Worker
Student Trainee Worker
Student Trainee Worker I
Student Trainee Worker II
Student Worker
MOU 51
MOU 51
MOU 51
MOU 54
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
47
51
56
47
51
56
54
51
51
46
56
56 42
42
54
51
MOU 46
MOU 41
MOU 52
MOU 46/55
173,240
MOU 51
MOU 52
MOU 51/Sch. G
MOU 47/Sch. G
MOU 46
MOU 47
MOU 46
MOU 50
MOU 50
MOU 51
MOU 51
MOU 50
MOU 46
MOU 47
MOU 46
MOU 46
MOU 53
MOU 48
MOU 47/Sch. G
MOU 51
MOU 47/Sch. G
177,709
177,709
177,709
177,709
177,709
177,709
181,938
181,938
177,709
3790
2315
1697
7286
7287
1455
1596-1
1596-2
Superintendent Electrical Station
Maintenance
Supervising Occupational Health Nurse
Supervising Water Service Representative
Survey Party Chief
Survey Supervisor
Systems Programmer
Systems Analyst I
Systems Analyst II
MOU 46
MOU
MOU
MOU
MOU
MOU
MOU
MOU
53
56
54
53
54
41
41
T
5943
5940
3732
3727
1943
3891
3893
1159
1744
1576
Tank Farm Operator
Tank Farm Supervisor
Tire Repair Supervisor
Tire Repairer
Title Examiner
Tower Line Mechanic
Tower Line Mechanic Supervisor
Traffic Agent
Training Director
Transitional Worker
Transmission and Distribution District
Supervisor
Transmission and Distribution
Superintendent
Tree Surgeon Assistant
Tree Surgeon
Tree Surgeon Supervisor
Truck and Equipment Dispatcher
Truck Crane Oiler Truck Operator
Typewriter Repairer
3875
3874
3151
3114
3117
3586
3557
3583
3412
MOU 50
MOU 51
MOU 51
MOU 47
MOU 54
MOU 47/Sch. G
MOU 51/Sch. G
MOU 42
MOU 46
182,207/Note R
MOU 46
MOU 46
MOU
MOU
MOU
MOU
MOU
MOU
MOU
47
47
51
51
47/Sch. G
47/Sch. G
47
U
Underground Distribution Construction
Mechanic
Underground Distribution Construction
Supervisor
Upholsterer
Utilities Service Investigator
Utility Accountant
Utility Buyer
Utility Conservation Manager
Utility Marketing Representative I
Utility Marketing Representative II
Utility Marketing Representative III
Utility Marketing Representative IV
Utility Pre-Craft Trainee
Utility Public Relations Director
3812
3814
3723
1631
1511
1861
3754
3755
3755
3755
3755
1110
9528
MOU 47
MOU 51
MOU 47
MOU 46
MOU 41
MOU 41
MOU 46
MOU 54
MOU 54
MOU 54
MOU 54
181,327
MOU 46
V
3335
Venetian Blind Repairer
MOU 47
Warehouse and Toolroom Worker
Water Biologist
Water Microbiologist
Water Quality Laboratory Manager
Water Service Representative
Water Service Supervisor
MOU
MOU
MOU
MOU
MOU
MOU
W
1832
7856
7857
7835
1693
3930
47
48
48
53
54
51
3931
5885
5887
5854
5857
3980
3976
3912
7248
3984
3987
3796
3798
3496
3173
1775
1774
Water Service Worker
Water Treatment Operator
Water Treatment Supervisor
Water Utility Operator
Water Utility Operator Supervisor
Water Utility Superintendent
Water Utility Supervisor
Water Utility Worker
Waterworks Engineer
Waterworks Mechanic
Waterworks Mechanic Supervisor
Welder
Welder Supervisor
Well Driller
Window Cleaner
Workers’ Compensation Aide
Workers Compensation Analyst
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
47
50
51
50
51
46
51
47
53
47
51
47/Sch. G
51
47
47
41
41
**Based on Consumer Price Index (CPI) as modified by Ordinance No. 171,657.
All salary range numbers shown refer to the salary ranges established in accordance with Section 4.60 of the Los Angeles Administrative Code.
Any class that appears in Schedule "A", Los Angeles Administrative Code Section 4.61, shall be deemed to have been adopted for this Schedule and Section.
The following Duties Description Record Numbers (DDR No.), adopted by the Board of Water and Power Commission, identify the salary levels to be paid
within the respective classes listed in this Schedule.
Code
No.
DDR
No.
Title
1535 ADMINISTRATIVE INTERN
II Industrial Relations Intern (4 years college)
II Administrative Intern II (Graduate)
Administrative Intern (4 years college)
Administrative Intern (4 years college)
10
91
93
94
17124
01505
15008
15126
1760 AFFIRMATIVE ACTION OFFICER
Director Equal Opportunity & Affirmative Action
Director Equal Opportunity & Affirmative Action
02
91
17122
17100
0151
II
II
I
02
91
91
09904
01904
05125
9759 AUDITOR WATER AND POWER
Auditor
Auditor
20
91
01503
01503
9669 CASHIER
Department Cashier
Department Cashier
23
91
15030
96012
60
94
07503
07503
9805
9905
ASSISTANT GENERAL MANAGER
Assistant General Manager & Chief Engineer
Assistant General Manager & Chief Engineer
Assistant General Manager & Chief Engineer
CHIEF ELECTRICAL ENGINEER & ASSISTANT
MANAGER
Chief Electrical Engineer & Assistant Manager
Chief Electrical Engineer & Assistant Manager
CHIEF ENGINEER WATERWORKS & ASSISTANT
MANAGER
Chief Engineer of Waterworks & Assistant Manager
Chief Engineer of Waterworks & Assistant Manager
30
93
07203
07203
3341 CONSTRUCTION ESTIMATOR
Building Estimator
94
33100
7291 CONSTRUCTION INSPECTOR
Construction Inspector
94
72140
7530 ENGINEERING SPECIALIST
Engineering Specialist
Engineering Specialist
Engineering Specialist
Engineering Specialist
Engineering Specialist
Engineering Specialist
34
45
62
82
93
94
87501
87500
87001
87501
87002
87501
7310 ENVIRONMENTAL SPECIALIST
“A”
“B”
93
93
73003
73003
3734 EQUIPMENT SPECIALIST
I Equipment Specialist
I Equipment Specialist
93
93
37300
37201
02
02
91
91
09907
09910
00003
03300
GENERAL MANAGER & CHIEF ENGINEER WATER &
POWER
General Manager & Chief Engineer
02
General Manager & Chief Engineer
91
99002
99002
3208 DIRECTOR OF SECURITY SERVICES
Director of Security Services
0360
II
II
I
II
9998
EXECUTIVE ASSISTANT TO THE GENERAL
MANAGER
Executive Assistant to the General Manager
Executive Assistant to the General Manager
Manager of Administration
Executive Assistant to the General Manager
0562 LAW CLERK
Student Legal Assistant
Student Legal Assistant
19
19
01103
19108
9482 LEGISLATIVE REPRESENTATIVE
Legislative Representative
Legislative Representative
02
91
17112
94112
3111
II
II
I
I
II
II
II
II
II
II
II
25
45
45
42
82
91
93
94
91
93
94
01120
01800
81800
81801
03106
01110
01800
03106
01802
01802
01802
OCCUPATIONAL TRAINEE
Occupational Trainee - CETA III
Occupational Trainee - CETA III
Manpower Trainee
Manpower Trainee
Occupational Trainee - CETA III
Occupational Trainee - CETA III
Occupational Trainee - CETA III
Occupational Trainee - CETA III
Occupational Trainee II
Occupational Trainee II
Occupational Trainee II
1735 PERSONNEL ANALYST
Equal Employment & Opportunity
Representative
Personnel Analyst
02
91
17121
17121
0651 PHYSICIAN I
Staff Surgeon
Staff Industrial Surgeon
Industrial Surgeon
Physician
10
10
10
91
02303
02304
02305
02303
0655 PHYSICIAN II
Physician II
Industrial Physician II
91
91
02306
02304
0657 PHYSICIAN III
Physician III
Industrial Physician III
91
91
02307
02305
1282 RECORDS MANAGEMENT OFFICER Records Manager
Records Manager
22
91
91001
12201
1133 RELIEF RETIREMENT WORKER
Relief Retirement Worker
Relief Retirement Worker
Relief Retirement Worker (Part-Time)
05
91
91
01101
01101
01102
9149 RETIREMENT PLAN MANAGER
Administrator Water & Power Retirement Plan
Administrator Water & Power Retirement Plan
05
91
00001
91001
1613 SEASONAL METER READER
Meter Reader Vacation Relief
Meter Reader Vacation Relief
25
91
01600
01600
9739 SECRETARY WATER AND POWER COMMISSION
Secretary Water & Power Commission
Secretary Water & Power Commission
01
91
97105
97105
7203
I
I
I
I
II
II
II
II
III
III
III
III
IV
IV
IV
IV
93
93
94
94
93
94
93
94
93
94
94
93
93
94
93
94
83761
72760
83761
72760
72762
72762
83763
83763
83765
83765
72764
72764
83767
83767
72766
72766
STUDENT ENGINEER
Student Engineer Part-Time
Student Engineer
Student Engineer-Part-Time
Student Engineer
Student Engineer
Student Engineer
Student Engineer-Part-Time
Student Engineer-Part-Time
Student Engineer-Part-Time
Student Engineer Part-Time
Student Engineer
Student Engineer
Student Engineer-Part-Time
Student Engineer-Part-Time
Student Engineer
Student Engineer
1502 STUDENT PROFESSIONAL WORKER
Student Professional
Student Professional
Student Professional
Student Professional
Student Professional
Student Professional
Worker
Worker
Worker-Part-Time
Worker
Worker-Part-Time
Worker
22
91
93
93
94
94
01501
01501
01501
15006
01501
15122
1505 STUDENT TRAINEE WORKER
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
Student Trainee Worker
02
23
38
42
45
45
82
82
93
93
93
01501
01501
01501
01501
01500
01501
01501
01502
01502
01503
01506
1501 STUDENT WORKER
Student Worker-Part-Time
Student Worker
Student Worker
Student Worker
Student Worker-Part-Time
Student Worker
Student Worker-Part-Time
Student Worker
34
34
66
91
93
93
94
94
01503
01504
01502
01504
01504
15004
01504
15119
1576 TRANSITIONAL WORKER
Transitional Worker - M.I.S.
Transitional Worker - Water
Transitional Worker - Power
91
93
94
01804
01804
01804
MOU (MEMORANDUM OF UNDERSTANDING)
Salaries for classes of positions indicated as MOU are fixed by separate ordinances implementing the various Memoranda of Understanding between the City
and recognized employee organizations. The Memoranda of Understanding for the representation units are set forth in the following index:
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
MOU
41
42
44
46
47
48
49
50
51
52
53
54
55
56
DWP Administrative
DWP Clerical
DWP Load Dispatchers
DWP Management
DWP Operating, Maintenance and Service
DWP Professional
DWP Security
DWP Steam Plant and Water Supply
DWP Supervisory Blue Collar
DWP Supervisory Clerical and Administrative
DWP Supervisory Professional
DWP Technical
DWP Confidential Management Representatives
DWP Supervisory Technical and Business Administration
Employees covered by the Los Angeles Administrative Code may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201
et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required thereunder and
any additional benefits set forth herein if compatible with the FLSA.
SCHEDULE “B” HISTORY
Amended by: Ord. No. 171,757, Eff. 10-23-97; Ord. No. 171,767, Eff. 11-6-97; Ord No. 171,768, Eff. 11-6-97; In Entirety, Ord. No. 171,781, Eff. 11-17-97; Ord. No. 172,235, Eff.
10-16-98; Ord. No. 172,247, Eff. 10-22-98; Ord. No. 172,462, Eff. 2-22-99; Ord. No. 173,131, Eff. 3-15-00; Ord. No. 173, 185, Eff. 4-19-00; Ord. No. 173,240, Eff. 5-2200; Ord. No. 173,459, Eff. 8-25-00; Ord. No. 175,049, Eff. 1-23-03; Ord. No. 176,517, Eff. 3-9-05; Ord. No. 176,953, Eff. 9-26-05, Oper. 1-1-07; Ord. No. 177,709, Eff. 81-06; Ord. No. 179,995, Eff. 7-11-08, Oper. 7-1-08*; Ord. No. 181,327, Eff. 10-8-10; Ord. No. 181,938, Eff. 11-25-11, Oper. 11-25-11; Ord. No. 182,129, Eff. 5-21-12; Ord.
No. 182,207, Eff. 8-10-12, Oper. 7-1-13**; Ord. No. 182,209, Eff. 8-10-12.
* Editor's note: See Ord. No. 179,995 for provisions operative prior to 7-1-08.
** Editor's note: See Ord. No. 182,207 for provisions operative prior to 7-1-13.
SALARY NOTES APPLICABLE TO SCHEDULE “B”
NOTE 1. DAILY RATE CONSTRUCTION POSITIONS
All positions in the civil service exempt classes designated as Construction Intermittent and indicated herein as “Schedule F” shall be compensated according
to Resolution 686, adopted by the Board of Water and Power Commissioners on May 5,1977.
The persons in the civil service classes listed in Schedule G who are employed on an intermittent basis and paid a daily rate shall be compensated according to
Resolution 685, adopted by the Board of Water and Power Commissioners on May 5,1977.
SALARY FIXING FOR DAILY RATE CONSTRUCTION POSITIONS
Employees occupying positions set forth in Schedule F herein are represented in collective bargaining representation units for which contracts are negotiated
between various independent contractors or associations and various labor unions. Representation of positions listed in Schedule F herein is not pursuant to the
provisions of Section 4.800 et. seq. of this Code.
Employees occupying positions set forth in Schedule F herein are civil service exempt daily–rated construction workers. Employees occupying positions set
forth in Schedule G herein are civil service employees who are employed on an as needed basis and paid a daily rate based solely upon the rates established in
agreements between the respective construction contractors and the building trades Council.
The salary rates established by the collective bargaining agreements negotiated between the respective construction contractors or associations and the
respective labor unions for employees occupying positions and DDR numbers set forth in Schedules F and G are hereby determined to be an ascertainment of the
prevailing wage for each position in each instance. The rates of compensation for the employees occupying positions listed in Schedules F and G as specified in the
Item numbers set forth therein and pertaining to the duties and description record numbers (DDRs) shown opposite shall be fixed in accordance with the specific
agreements applicable to such classes as set forth therein.
The Director of the Office of Administrative and Research Services shall from time to time amend the wage rates and other items of salary appearing on such
Item numbers and DDRs to conform to the rates of compensation negotiated in the applicable labor agreements and such rates shall constitute the prevailing wage
in each instance and authority is hereby established to pay such rates of compensation so established.
Employees in the Construction Intermittent positions set forth in Schedule F and Schedule G shall not be covered by any of the provisions of this Code unless
their coverage is specifically provided.
SCHEDULE “F”
Agreement between Southern California Chapter Western Insulation Contractors Association and Local No. 5, International Association of Heat and Frost
Insulators and Asbestos Workers:
Code Class Title
Item
No.
0902
2
0901
0901
Construction Asbestos Worker
Construction Asbestos
Supervisor
Construction Asbestos
Supervisor
1
169
DDR
No.
7249002
7249001
7249000
Working Title
Asbestos Installer
Asbestos Foreman
Asbestos General
Foreman
Articles of Agreement between the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers and Signatory Contractors:
Item
DDR
Code Class Title
No.
0904
Construction Boilermaker
6
0979
Construction Welder
4
0906
0905
0905
Senior Construction
Boilermaker
Construction Boilermaker
Supervisor
Construction Boilermaker
Supervisor
No.
7249011
7249012
7249014
7249013
7249016
5
8
142
Working Title
Boilermaker
Boilermaker Welder
Assistant Boilermaker
Foreman
Boilermaker Foreman
Boilermaker General
Foreman
Agreement by and between the Executive Council of the California Conference of Mason Contractor Associations, Inc. and Bricklayers, Stone & Marble
Masons Union Local No. 2:
Code Class Title
0908 Construction Bricklayer
0909 Construction Bricklayer Supervisor
Item No.
9
10
DDR No.
72-49027
72-49026
Working Title
Bricklayer
Bricklayer Foreman
Brick Tenders Agreement The Southern California District Council of Laborers and its affiliated Local Unions and Signatory Contractors:
Code
0941
Class Title
Construction Helper
Item No.
11
DDR No.
72-49028
Working Title
Bricktender
Master Labor Agreement between Southern California General Contractors and United Brotherhood of Carpenters & Jointers of America:
Code Class Title
Item
No.
0943
Construction Mechanical Helper 152
0912
Construction Carpenter
13
0912
Construction Carpenter
18
0912
Construction Carpenter
16
0911
Construction Cabinet Maker
14
0931
Construction Equipment Erector
20
0913
Construction Carpenter Supervisor 12
0913
Construction Carpenter Supervisor 15
0913
Construction Carpenter Supervisor 17
0930
0930
Construction Equipment Erection
Supervisor
Construction Equipment Erection
Supervisor
19
143
DDR
No.
7249110
7249052
7249057
7249055
7249053
7249053
7249051
7249054
7249056
7249058
7249063
Working Title
Millwright Apprentice
Carpenter
Carpenter (Pile Capper)
Saw Filer and Power Saw
Operator
Cabinet Maker
Millwright
Carpenter Foreman
Carpenter Shop Foreman
Carpenter Foreman (Pile
Capper)
Machinery Erector
Foreman
Millwright General
Foreman
Labor Agreement between Nevada Chapter Associated General Contractors, Southern Nevada Home Builders Association, Inc., Las Vegas Builders Exchange,
and United Brotherhood of Carpenters and Joiners of America, AFL-CIO Local Union Nos. 1780, 1827, 1417, 2375:
Code
0912
0913
Class Title
Construction Carpenter
Construction Carpenter Supervisor
Item No.
109
108
DDR No.
72-49062
72-49061
Working Title
Carpenter
Carpenter Foreman
Master Labor Agreement between Southern California General Contractors and Operative Plasterers and Cement Masons International Association of the
United States and Canada
Code Class Title
Item
No.
0915
Construction Cement Finisher
23
0915
Construction Cement Finisher
24
0916
Construction Cement Finisher
Supervisor
22
DDR
No.
7249077
7249078
7249076
Working Title
Cement Mason
Cement Finishing Machine
Operator
Cement Mason Foreman
Labor Agreement between Nevada Chapter, Associated General Contractors of America, Inc., Southern Nevada Home Builders, Inc., Las Vegas Builders
Exchange and Operative Plasterers and Cement Masons International Association Local 797:
Code Class Title
Item
No.
0915
Construction Cement Finisher
111
0915
Construction Cement Finisher
112
0916
Construction Cement Finisher
Supervisor
110
DDR
No.
7249080
7249081
7249079
Working Title
Cement Mason
Cement Finishing Machine
Operator
Cement Mason Foreman
Agreement between Iron Workers Employers, State of California and Portion of Nevada and District Council of Iron Workers of the State of California and
Vicinity:
Code Class Title
Construction Reinforcing Steel
0935
Worker
Item
No.
28
0936
Construction Rigger
29
0932
Construction Ironworker
30
0937
Construction Structural Steel
Shop Worker
31
0978
Construction Structural Welder
32
0934
0933
Construction Reinforcing Steel
Supervisor
Construction Ironworker
Supervisor
27
25
DDR
No.
7249094
7249095
7249096
7249097
7249098
7249093
7249091
Working Title
Reinforcing Ironworker
Ironworker Rigger
Structural Ironworker
Steel Shop Worker
Ironworker Welder
Reinforcing Iron-worker
Foreman
Structural Iron-worker
Foreman
Southern California Master Labor Agreement between The Associated General Contractors of California, Inc., The Building Industry Association of California,
Inc., The Engineering and Grading Contractor’s Association, Inc., The Underground Engineering Contractor’s Association and The Southern California District
Council of Laborers Affiliated with The Laborer’s International Union of North America, AFL-CIO:
Code Class Title
Item
No.
DDR
No.
Working Title
0941
Construction Helper
38
0941
Construction Helper
41
0941
Construction Helper
36
0941
Construction Helper
37
0923
0945
0944
0940
0940
Construction Sandblast
Operator
Construction Security
Officer
7249121
7249124
7249119
7249120
7249118
7249122
7249117
7249116
7249123
35
39
Construction Miner
34
Construction Labor
Supervisor
Construction Labor
Supervisor 33
40
Laborer
Laborer (Non-Metallic Pipe
Laying)
Sandblast Pot Tender
Operator and Tender (Tools)
Sandblast Nozzleman
Watchman
Powderman
Labor Foreman
Pipe Laying Foreman (NonMetallic)
Labor Agreement between Nevada Chapter, Associated General Contractors of America, Inc., Southern Nevada Home Builders, Inc., Las Vegas Builders’
Exchange and Laborers’ International Union of North America, Local Union No. 872:
Code Class Title
Item
No.
0941
Construction Helper
122
0941
Construction Helper
121
0941
Construction Helper
125
0945
Construction Security Officer
123
0923
Construction Sandblast
Operator
120
0944
Construction Miner
119
0940
Construction Labor Supervisor 124
0940
Construction Labor Supervisor 118
DDR
No.
7249129
7249128
7249132
7249130
7249127
7249126
7249131
7249125
Working Title
Laborer
Operator and Tender
(Tools)
Laborer
Watchman
Sandblast Nozzleman
Powderman
Pipe Laying Foreman
Labor Foreman
Articles of Agreement between Lathing and Metal Furring Contractors Association of California, Inc., and the Wood, Wire and Metal Lathers Local Union No.
42, AFL-CIO:
Code Class Title
Item
No.
0950
Construction Lather
43
0951
Construction Lather
Supervisor
42
DDR
No.
7249142
7249141
Working Title
Furring Metal Lather
Furring Metal Lather
Foreman
The Master Labor Agreement between Southern California General Contractors Association (Except for San Diego County) or the Nevada Chapter of
Associated General Contractors of America, Inc., and the International Union of Operating Engineers, Local Union No. 12:
Code Class Title
Item
No.
DDR
No.
Working Title
0941
Construction Helper
44
0941
Construction Helper
46
0918
0924
0920
0920
0920
0920
0920
0920
0920
0922
0922
0922
0922
0919
0919
0919
0919
Construction Compressor
Operator
Construction Truck
Crane Oiler
Construction Equipment
Operator
Construction Equipment
Operator
Construction Equipment
Operator
Construction Equipment
Operator
Construction Equipment
Operator
Construction Equipment
Operator
Construction Equipment
Operator
Construction Power
Shovel Operator
Construction Power
Shovel Operator
Construction Power
Shovel Operator
Construction Power
Shovel Operator
Construction Equipment
Supervisor
Construction Equipment
Supervisor
Construction Equipment
Supervisor
Construction Equipment
Supervisor
45
57
52
53
47
48
49
50
51
56
134
135
61
55
136
137
62
7249151
7249153
7249152
7249164
7249159
7249160
7249154
7249155
7249156
7249157
7249158
7249163
7249174
7249175
7249169
7249162
7249176
7249177
7249168
Concrete Mixer Operator (Skip Type)
Pump Operator
Compressor & Pump Plant Operator
Truck Crane Helper
Tractor Operator
Motor Patrol Operator
Elevator Hoist Operator
Equipment Operator
Gantry Crane Operator
Tugger Operator
Power Hoist Operator
Power Shovel Operator
Power Shovel Operator (25-100 Ton)
Power Shovel Operator (Over 100
Ton)
Crane Operator (Tower Crane)
Operating Equipment Foreman
Operating Equipment Foreman (25100 Ton Equip.)
Operating Equipment Foreman (Over
100 Ton Equip)
Operating Equipment Foreman
(Tower Crane)
Los Angeles County Painters and Decorators Joint Committee Agreement:
Code Class Title
Item
No.
0953
Construction Painter
68
0953
Construction Painter
65
0953
Construction Painter
72
0953
Construction Painter
73
0954
0954
0954
Construction Painter
Supervisor
Construction Painter
Supervisor
Construction Painter
Supervisor
66
69
63
DDR
No.
7249196
7249193
7249200
7249201
7249194
7249197
7249191
Working Title
Painter (Brush)
Painter (Spray or Sandblast)
Painter (Steel)
Painter (Steeplejack)
Painter Foreman (Brush)
Painter Foreman (Steel)
Painter Foreman (Spray or
Sandblast)
Independent Industrial and General Pipefitting Agreement:
Item
No.
Code Class Title
Construction Pipefitter
0957
Apprentice
151
0958
Construction Pipefitter
74
0979
Construction Welder
78
0980
Construction Welder Supervisor
77
0959
0959
Construction Pipefitter
Supervisor
Construction Pipefitter
Supervisor
75
76
DDR
No.
7249221
7249216
7249220
7249219
7249217
7249218
Working Title
Apprentice Pipefitter
Pipefitter
Pipe Welder
Pipe Welder Foreman
Pipefitter Foreman
Pipefitter General
Foreman
Labor Agreement covering the Jurisdiction of Local Unions of Los Angeles and Orange Counties between the Contracting Plasterer’s Association of Southern
California, Inc., and Local Nos. 2, 489, 393, 739 and 838 of the O.P. & C.M.I.A.:
Code
0962
0963
Class Title
Construction Plasterer
Construction Plasterer
Item No.
79
80
DDR No.
72-49236
72-49237
Working Title
Plasterer
Plasterer Foreman
Plaster Tenders Agreement between Contracting Plasterers Association of Southern California District Council of Laborers and its Affiliated Locals:
Code
0941
Class Title
Construction Helper
Item No.
81
DDR No.
72-49238
Working Title
Plaster Tender
Southern California Pipe Trades Agreement between The Plumbing – Heating and Piping Independent Contractors and the Southern California Pipe Trades
District Council No. 16 of The United Association:
Code
0965
0966
Class Title
Plumber
Construction Plumber Supervisor
Item No.
83
82
DDR No.
72-49252
72-49251
Working Title
Plumber
Plumber Foreman
Master Agreement – Air Conditioning and Refrigeration Industry, Los Angeles and Orange Counties between Air Conditioning and Refrigeration Contractors
of Southern California. Inc., and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Air Conditioning and Refrigeration
Fitters Division Local No. 250, AFL-CIO:
Code Class Title
Item
No.
0960
Construction Refrigeration Fitter
100
0960
Construction Refrigeration Fitter
101
0961
0961
Construction Refrigeration Fitter
Supervisor
Construction Refrigeration Fitter
Supervisor
102
103
DDR
No.
7249331
7249332
7249333
7249334
Working Title
Refrigeration
Fitter
Fitter
Foreman
Fitter Foreman
Inside Wireman’s Agreement between Local No. 11 International Brotherhood of Electrical Workers AFL-CIO and Los Angeles County Chapter of National
Electrical Contractors’ Association
Code Class Title
Construction Electrical
0994
Helper
Construction Electrical
0995
Mechanic Construction Electrical
0996
Mechanic Supervisor
Item
No.
DDR
No.
7249424
7249423
7249422
168
167
166
Working Title
Electrical Mech. Helper – Const.
(Intermittent)
Electrical Mech. – Construction
(Intermittent)
Electrical Mech. Supervisor –
Const. (Intermittent)
Collective Bargaining Agreement by and between Union Roofing Contractors Association, Inc., Roofing Contractors Association of Southern California, Inc.,
Roofing Contractors Association of Orange County, Inc., and Others, and Locals Nos. 36, 72, 220 of the United Slate, Tile and Composition Roofers Damp and
Waterproof Workers Association:
Code Class Title
Item
No.
0972
Construction Roofer
85
0972
Construction Roofer
89
0973
Construction Roofer Supervisor
170
0969
0969
Construction Protective Coating
Worker
Construction Protective Coating
Worker
87
91
0973
Construction Roofer Supervisor
84
0968
Construction Protective Coating
Supervisor
90
DDR
No.
7249267
7249271
7249265
7249629
7249273
7249266
7249272
Working Title
Roofer (Kettleman)
Dampproofer and Roofer
Roofer Sub-Supervisor
Protective Coating Worker
Protective Coating Working
Foreman
Roofer Foreman
Protective Coating Foreman
Union Agreement between Local Union No. 108, Sheet Metal Workers International Association, Sheet Metal and Air Conditioning Contractors National
Association Los Angeles Chapter, Heating, Air Conditioning and Sheet Metal Contractors Association, Inc:
Code Class Title
Construction Sheet Metal
0975
Worker
Construction Sheet Metal
0976
Supervisor
Construction Sheet Metal
0976
Supervisor
Item
No.
93
92
94
DDR
No.
7249302
7249301
7249303
Working Title
Sheet Metal Worker
Sheet Metal Foreman
Sheet Metal General
Foreman
Southern California Pipe Trades Agreement between Independent Automatic Sprinkler and Fire Control Contractors and Sprinkler Fitters Local Union No. 709
of the United Association of Journeymen ,and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO:
Code Class Title
Item
No.
0927
Construction Sprinkler Fitter
149
0928
Construction Sprinkler Fitter
Supervisor
150
DDR
No.
7249408
7249409
Working Title
Sprinkler Fitter
Sprinkler Fitter
Foreman
Master Labor Agreement between Southern California General Contractors and Teamster Joint Council No. 42, Teamster Local Union No. 87:
Code Class Title
Item
No.
0925
96
0921
0921
Construction Truck Operator
Construction Heavy Duty Truck
Operator
Construction Heavy Duty Truck
Operator
97
98
DDR
No.
7249312
7249313
7249314
Working Title
Truck Driver (2-Axle)
Heavy Duty Truck Driver
(3-Axle)
Truck Driver (4-Axle or
More)
Painters and Decorators Joint Committee Master Agreement between Brotherhood of Painters and Allied Trades, Local 159 and the Painting and Decorating
Contractors of America, Southern Nevada Chapter, Las Vegas, Nevada.
Code Class Title
Item
No.
0953
Construction Painter
126
0953
Construction Painter
131
0953
Construction Painter
128
0954
0954
0954
Construction Painter
Supervisor
Construction Painter
Supervisor
Construction Painter
Supervisor
127
129
130
DDR
No.
7249202
7249207
7249204
7249203
7249205
7249206
Working Title
Painter (Brush)
Painter (Steel)
Painter (Steel or Sandblast)
Painter Foreman (Brush)
Painter Foreman (Steel)
Painter Foreman (Spray or
Sandblast)
Labor Agreement between Associated Plumbing and Air Conditioning Contractors of Nevada, Inc., and United Association of Journeymen and Apprentices of
the Plumbing and Pipe Fitting Industry of the United State and Canada, Local Union No. 525, Las Vegas, Nevada.
Code
0965
0966
Class Title
Plumber-Exempt
Construction Plumber Supervisor
Item No.
133
132
DDR No.
72-49254
72-49253
Working Title
Plumber
Plumber Foreman
Labor Agreement between Nevada Chapter Associated General Contractors of America, Inc., Southern Nevada Home Builders’ Exchange, Inc., Las Vegas
Builder’s Exchange and Teamsters Local No. 631 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.
Code
0925
0921
0921
0921
Class Title
Construction Truck Operator
Construction Heavy Duty Truck Operator
Construction Heavy Duty Truck Operator
Construction Heavy Duty Truck Operator
Item No.
141
140
139
138
DDR No.
72-49319
72-49318
72-49317
72-49316
Working Title
Truck Driver
Truck Driver
Truck Driver
Truck Driver
Agreement between Western Line Constructors Chapter N.E.C.A. and Locals 47 and 1245, International Brotherhood of Electrical Workers, AFL-CIO:
Code
0389
0387
Class Title
Construction Electric Distribution
Mechanic Supervisor
Construction Electric Distribution
Mechanic Trainee
Item DDR
No. No.
Working Title
94Line Mechanic/ Splicer
172
49003 Supervisor (Intermittent)
Apprentice Line
94173
Mechanic/Splicer
49002
(Intermittent)
0388
Construction Electric Distribution
Mechanic
174
0994
Construction Electrical Helper
158
0994
Construction Electrical Helper
171
0994
Construction Electrical
161
Construction Tower Line
Mechanic
Construction Tower Line
Mechanic
Construction Tower Line
Mechanic Supervisor
Construction Tower Line
Mechanic Supervisor
0992
0992
0993
0993
*0390
156
159
157
160
Construction Transmission and
Distribution District Supervisor
175
Construction Towerline Mechanic
Supervisor
Construction Towerline Mechanic
*0993
Supervisor
*0993
164
165
9449001
7249416
9449000
7249419
7249411
7249417
7249415
7249418
Line Mechanic/Splicer
(Intermittent)
Tower Line Mechanic
Helper
Line Helper (Intermittent)
Tower Line Mechanic
Helper (M)
Tower Line Mechanic
Tower Line Mechanic (M)
Tower Line Mechanic
Foreman
Tower Line Mechanic
Foreman (M)
Line Mechanic/Splicer
94General Supervisor
49004
(Intermittent)
72Towerline General Foreman
49420
72Towerline General Foreman
49421 (M)
Orange Belt Painters and Decorators Joint Agreement (San Bernardino):
Code
Class Title
**0953 Construction Painter
Construction Painter
**0954
Supervisor
Item
No.
162
DDR
No.
Working Title
72-49208 Painter (Spray)
163
72-49209 Painter Foreman (Spray)
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-4-78.
Amended by: Ord. No. 151,327, Eff. 8-11-78; Ord. No. 152,231, Eff. 4-23-79, Oper. 7-1-78; Ord. No. 152,343, Eff. 5-16-79; Ord. No.152,544, Eff. 7-3-79, Oper. 7-1-79; Ord. No.
153,511, Eff. 3-19-80; Ord. No. 154,342, Eff. 6-30-80, Oper. 6-30-80; Ord. No. 156,023, Eff. 11-16-81; Ord. No. 157,827, Eff. 6-24-83; Ord. No. 167,283, Eff. 9-30-91;
Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
*
Salaries operative 10-25-79.
**
Salaries operative 6-1-79.
SCHEDULE G
Articles of Agreement between the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers and Signatory Contractors:
Code
3796
3835
3737
Class Title
Welder
Boilermaker
Boilermaker Supervisor
DDR No.
72-47080
72-47121
72-47123
Working Title
Boilermaker Welder
Boilermaker
Boilermaker Foreman
Agreement by and between the Bricklayers, Stone & Marble Masons Union Local No. 2 and the Executive Council of the California Conference of Mason
Contractor Associations, Inc.:
Code
3324
3326
Class Title
Bricklayer
Bricklayer Supervisor
DDR No.
72-43092
72-43151
Working Title
Bricklayer
Bricklayer Foreman
Bricktenders Agreement between the Southern California District Council of Laborers and its affiliated Local Union and Signatory Contractors:
Code
3115
Class Title
Maintenance & Construction Helper
DDR No.
72-43083
Working Title
Bricktender
Master Labor Agreement between United Brotherhood of Carpenters and Joiners of America and Southern California General Contractors:
Code Class Title
3344
Carpenter
3344
Carpenter
3344
Carpenter
3760
Equipment Erector
3346
Carpenter Supervisor
3346
Carpenter Supervisor
3346
Carpenter Supervisor
3762
3762
Equipment Erection
Supervisor
Equipment Erection
Supervisor
DDR
No.
7243109
7243110
7243145
7247124
7243130
7243144
7243146
7247126
7247131
Working Title
Saw Filer and Power Saw
Operator
Carpenter
Carpenter – Pile – Capper
Millwright
Carpenter Foreman
Carpenter Shop Foreman
Carpenter Foreman – Pile
Capper
Millwright Foreman
Millwright General Foreman
Master Labor Agreement between Southern California General Contractors and Operative Plasterers and Cement Masons International Association of the
United States and Canada:
Code Class Title
3353
Cement Finisher
3353
Cement Finisher
3354
Cement Finishing
Supervisor
DDR
No.
7243112
7243113
7247119
Working Title
Cement Finishing Machine
Operator
Cement Mason
Cement Mason Foreman
Inside Wireman’s Agreement between Local No. 11 International Brotherhood of Electrical Workers AFL-CIO of Los Angeles County California and Los
Angeles County Chapter of National Electrical Contractors Association:
Code Class Title
3799
Electrical Craft Helper
3799
Electrical Craft Helper
3833
Electrical Mechanic
3835
Electric Mechanic Supervisor
DDR
No.
7248040
7248076
7248039
72-
Working Title
Electric Mechanic Helper
Apprentice Electric Mechanic
Electric Mechanic
Electric Mechanic Foreman
3836
3127
3127
Senior Electric Mechanic
Supervisor
Construction and
Maintenance Supervisor
Construction and
Maintenance Supervisor
48038
7248037
7241045
724104
Electric Mechanic General
Foreman
Construction & Maintenance
Foreman Construction & Maintenance
General Foreman
Agreement between the Iron Workers Employers State of California and Portion of Nevada and District Council of Iron Workers of the State of California and
Vicinity:
Code
3474
3483
3791
3793
3475
3485
Class Title
Ironworker
Reinforcing Steel Worker
Structural Welder
Structural Steel Shop
Worker
Iron Worker Supervisor
DDR
No.
72-44313
72-44160
72-47081
Working Title
Structural Ironworker
Reinforcing Ironworker
Ironworker Welder
72-47075 Steel Shop Worker
72-44262 Structural Ironworker Foreman
Reinforcing Ironworker
Reinforcing Steel Supervisor 72-44320
Foreman
Southern California Master Labor Agreement between the Associated General Contractors of California, Inc., The Building Industry Association of California.
Inc., The Engineering and Grading Contractors Association, Inc., The Underground Engineering Contractors Association, and the Southern California District
Council of Laborers Affiliated with the Labors International Union of North America, AFL CIO:
Code Class Title
Maintenance &
3115
Construction Helper
Maintenance &
3115
Construction Helper
Maintenance &
3115
Construction Helper
Maintenance &
3115
Construction Helper 3181
Security Officer
3404
Miner
3126
Labor Supervisor
3126
Labor Supervisor
DDR
No.
7241048
7241047
7241070
7241073
7241049
7244271
7241046
7241069
Working Title
Construction Laborer
Operator & Tender – Tools
Construction Laborer – Non-Metallic
Pipe-Laying
Sandblast Pot Tender
Watchman
Powderman
Labor Foreman
Labor Foreman – Non-Metallic Pipe
Laying
Associated Machinery Erectors and Contractors of California, Inc. and the Grand Lodge of the International Association of Machinists and Aerospace Workers:
Code
3771
3763
3766
Class Title
Mechanical Helper
Machinist
Machinist Supervisor
DDR No.
72-47077
72-47076
72-47127
Working Title
Machinist Helper
Machinist
Machinist Foreman
Master Labor Agreement Between Southern California General Contractors Associations (Except San Diego County) And the International Union of Operating
Engineers Local No. 12:
Code Class Title
Maintenance &
3115
Construction Helper
Maintenance &
3115
Construction Helper
3503
Compressor Operator
3557
Truck Crane Oiler
3525
Equipment Operator
3525
Equipment Operator
3525
Equipment Operator
3525
Equipment Operator
3525
Equipment Operator
3525
Equipment Operator
3525
Equipment Operator
3558
Power Shovel Operator
3558
Power Shovel Operator
3558
Power Shovel Operator
3527
Equipment Supervisor
3527
Equipment Supervisor
3527
Equipment Supervisor
3527
Equipment Supervisor
DDR
No.
7245176
7245117
7245179
7245185
7245185
7245178
7245177
7245174
7245173
7245175
7245131
7245184
7245193
7245194
7245191
7245180
7245195
7245196
7245192
Working Title
Pump Operator
Concrete Mixer Operator – Skip Type
Compressor and Pump Plant Operator
Truck Crane Helper
Equipment Operator
Motor Patrol Operator
Tractor Operator
Tugger Operator
Gantry Crane Operator
Power Hoist Operator
Elevator Hoist Operator
Power Shovel Operator
Power Shovel Operator (25-100 Ton)
Power Shovel Operator (Over 100 Ton)
Crane Operator – Tower Crane
Operating Equipment Foreman
Operating Equipment Foreman (25-100
Ton Equipment)
Operating Equipment Foreman (Over
100 Ton Equipment)
Operating Equipment Foreman – Tower
Crane
Los Angeles County Painters and Decorators Joint Committee Agreement:
Code Class Title
3423
Painter II
3423
Painter II
3423
Painter II
3423
Painter II
3426
Painter Supervisor
3426
Painter Supervisor
3426
Painter Supervisor
DDR
No.
7244277
7244369
7244273
7244371
7244336
7244338
7244340
Working Title
Painter – Brush
Painter – Steel
Painter – (Spray or Sandblast )
Painter – Steeplejack
Painter Foreman – Brush
Painter Foreman – Steel
Painter Foreman – Spray or
Sandblast
3425
Senior Painter
Supervisor
7244366
Senior Painter Foreman
Independent Industrial and General Pipefitting Agreement:
Code
3433
3796
3436
3437
Class Title
Pipefitter
Welder
Pipefitter Supervisor
Senior Pipefitter Supervisor
DDR No.
72-44373
72-47079
72-44372
72-44374
Working Title
Pipefitter
Pipe Welder
Pipefitter Foreman
Pipefitter General Foreman
Plaster Tenders Agreement between Contracting Plasterers Association of Southern California, Inc., and The Southern California District Council of Laborers
and its affiliated Locals:
Code
3115
Class Title
Maintenance & Construction Helper
DDR No.
72-44211
Working Title
Plasterer Tender
Southern California Pipe Trades Agreement between the Plumbing – Heating and Piping Independent Contractors and the Southern California Pipe Trades
District Council No. 16 of the United Association:
Code
3443
3446
Class Title
Plumber
Plumber Supervisor
DDR No.
72-44267
72-44352
Working Title
Plumber
Plumber Foreman
Union Agreement between Local Union No. 108 Sheetmetal Workers’ International Association, Sheetmetal and Air Conditioning Contractors National
Association Los Angeles Chapter and Heating, Air Conditioning and Sheetmetal Contractors Association, Inc.:
Code
3775
3777
Class Title
Sheetmetal Worker
Sheetmetal Supervisor
DDR No.
72-47078
72-47129
Working Title
Sheetmetal Worker
Sheetmetal Foreman
Master Labor Agreement between Southern California General Contractors and Teamster Joint Council No. 42 and the Teamsters Local Unit No. 87:
Code
3583
3584
3584
Class Title
Truck Operator
Heavy Duty Truck Operator
Heavy Duty Truck Operator
DDR No.
72-45132
72-45188
72-45189
Working Title
Truck Driver – 2 Axle
Heavy Duty Truck – 3 Axle
Truck Driver – 4 Axle or More
Agreement between Western Line Constructors Chapter of N.E.C.A. and Local No. 47 and Local No. 1245 AFL-CIO, International Brotherhood of Electrical
Workers:
Code Class Title
Maintenance & Construction
3115
Helper
3891
3893
Tower Line Mechanic
Tower Line Mechanic
Supervisor
Tower Line Mechanic
DDR
No.
7248020
7248068
7248018
72-
Working Title
Tower Line Mechanic
Helper
Tower Line Mechanic
Tower Line Mechanic
Foreman
Tower Line General
3893
Supervisor
48036
Foreman
SECTION HISTORY
Amended by: Ord No. 152,231, Eff. 4-23-79, Oper. 7-1-78; Ord. No. 152,544, Eff. 7-3-79, Oper. 7-1-79; Ord. No. 154,362, Eff. 6-30-80, Oper. 6-30-80.
NOTE 2. NIGHT WORK BONUS.
Each employee, except a cumulative-hour employee, who is regularly scheduled to start his/her normal workday at or after 2:00 P.M. but before 9:00 P.M.
shall receive, in addition to other compensation, adjusted compensation of thirty-five cents (35¢) for each straight time hour worked during any such normal work
day.
Each employee, except a cumulative-hour employee, who is regularly scheduled to start his/her normal workday at or after 9:00 P.M. but before 4:00 A.M.
shall receive in addition to other compensation, adjusted compensation of fifty cents (50¢) for each straight time hour worked during any such normal workday.
Each employee, except a cumulative-hour employee, who is regularly scheduled to start his/her normal workday at or after 2:00 P.M. but before 4:00 A.M.
shall not be entitled to receive a pay differential during any absences from work.
Each employee, except a cumulative-hour employee, will receive a shift differential at the rate of one and one-half (1-1/2) times the shift differential provided
for in the first two paragraphs of this note for each hour of overtime worked immediately preceding or immediately following their regularly scheduled shift unless
the employee is being paid at the double-time rate for overtime worked immediately preceding or immediately following those normal workdays, in which instance
said employee shall receive shift differentials at two (2) times the normal shift differential as set forth in the first two paragraphs of this note.
NOTE 3. REMOTE WORK LOCATION BONUS.
Employees of the Power Operating and Maintenance Division in the classes Chief Electric Plant Operator, Code 5237, and Principal Clerk Power, Code 1211,
whose permanent reporting location is the Castaic Power Plant, shall receive additional compensation of $10 per day for each day worked at that location.
NOTE 4. CALL BACK
When an employee is notified while off duty to report for work at a time which is outside of the employee’s normal work schedule, and the employee is
released in less than two (2) hours (including time allowed for travel), the employee shall be credited with a minimum of two (2) hour of work. Employees who are
compensated for overtime in accordance with Section 4.908 who are notified between 12 Midnight and 6:00 A.M. and directed to report immediately for work
(other than for scheduled overtime) shall receive a minimum of two (2) hours at the double time rate. Additional calls received within the two – hour minimum
period shall not establish an additional minimum period of double time. Hours worked after the two hour minimum shall continue to be paid at the double-time rate
until the start of the employee’s regularly scheduled hour. Should the two – hour minimum overlap into an employee’ regularly scheduled work hours, the straighttime pay for the regularly schedule hours shall commence after the close of the two–hour minimum period.
NOTE 5. WATER MICROBIOLOGIST
One person in the class of Water Microbiologist, Code 7857, assigned to DDR No. 52-78149, when regularly assigned to present testimony on water quality
issues before Congressional and Legislative Committees and Regulatory Bodies; when serving as Department representative and liaison to National, State and local
groups, task forces and inter-agency water quality committees; and when functioning as Department spokesperson to the news media, environmental groups and the
public on water quality issues, shall receive salary at the fourth premium level rate above the appropriate step rate in the salary range prescribed for the class.
NOTE 6. EXECUTIVE ASSISTANT TO GENERAL MANAGER DWP II.
One person employed in the class of Executive Assistant to General Manager DWP II, Code 0360, who is regularly assigned to the position of Assistant Chief
– External and Organizational Services Systems, shall be compensated in accordance with the salary range fixed for Duties Description Record Number 94-07501.
NOTE R. REHABILITATION TRAINEE.
Whenever an employee who has suffered an on-the-job disabling injury, is transferred pursuant to Charter Section 108 to the class of Rehabilitation Trainee,
Code 1576, that employee shall receive the salary of the DDR or position from which the employee transferred up to a maximum of five years from the date of
appointment to the class of Rehabilitation Trainee.
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-4-77; Note 5, Ord. No. 162,035, Eff. 3-2-87; Note 6, Ord. No. 166,014, Eff. 7-5-90, Oper. 7-1-88.
Amended by: Ord. No. 152,231, Eff. 4-23-79, Oper. 7-1-78; Ord. No. 152,544, Eff. 7-3-79, Oper. 7-1-79; Note 2, Note 3 added, Note R, by Ord. No. 154,342, Eff. 6-30-80, Oper. 630-80; Note 5, Ord. No. 162,962, Eff 11-20-87, Oper. 7-1-87; Note R, Ord. No. 162,962, Eff. 11-20-87, Oper. 7-1-87.
Sec. 4.900.2. Implementation of Compensation Plan for Department of Water and Power Employees.
Upon adoption of the Compensation Plan for employees in the Department of Water and Power by the City Council, each employee, unless otherwise provided
for in a Memorandum of Understanding, shall retain the step in the range which was held prior to the action of the City Council except that a step advancement
which would have been applicable in accordance with Department of Water and Power Working Rule 3.7 shall be made prior to any change in the salary rates or
range if the actions are concurrent.
Should the number of steps in the salary range prescribed for a position level in a class of positions be changed by action of the City Council, each employee’s
step placement on the revised salary range shall be determined by placing such employee the same number of steps below the top step as the employee occupied on
the former salary range except that no employee shall be placed below the bottom step of the revised range. In all such cases the salary anniversary date for step
advancement for each such employee shall remain the same.
Should the City Council adopt a revised salary range for a position level in a class of positions, and if the application of the provisions of this section would
result in a decrease in salary for an employee, such employee shall retain the former rate of pay until the employee’s next following anniversary date for step
advancement at which time the employee shall advance to the next higher step in the adopted salary range.
For the purpose of administering these provisions, each employee shall have as a present “anniversary date” the date of the beginning of the payroll period in
which the employee received the last step increase or the first day of the payroll period established by Department of Water and Power Working Rule 3.7 for salary
step advancement if such employee was promoted, displaced or demoted within six months prior to the implementation of these provisions.
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-4-77.
Sec. 4.901. Step Placement Upon Initial Appointment.
(a)
Initial appointment to any position shall be at the lowest step in the salary range for the position.
(b)
Notwithstanding Subsection (a) above, the General Manager may authorize the appointment of a person to a step above the lowest step in the salary
range where the General Manager finds that:
(1)
The Department or System is unable to recruit sufficient persons who have the needed experience, abilities or training for the position, or who
are willing to work nonstandard hours or who are willing to work in certain locations, or
(2)
The person to be appointed has experience and skills that exceed those of other candidates available for the position and such experience and
skills are required, and
(3)
The advanced step hiring is applied to a limited number of difficult-to-fill positions in the Department.
(c)
Persons who are employees of other jurisdictions or entities whose functions are consolidated into the City and who enter City service by action of the
Board of Civil Service Commissioners pursuant to the provisions of Charter Section 1021 shall be credited with their length of service in the position held at the
time of the consolidation for salary step placement and salary step advancement purposes.
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-4-77.
Amended by: Ord. No. 152,231, Eff. 4-23-79, Oper. 7-1-78; 3rd and 5th paragraphs, Ord. No. 152,544, Eff. 4-23-79, Oper. 7-1-78; Title and Section, Ord. No. 155,181, Eff. 5-4-81;
Subsec. (b), Ord. No. 172,760, Eff. 8-18-99, Oper. 8-18-99; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.902. Salary Step Placement on Assignment to a Different Position in City service.
(a)
Whenever an employee is assigned or appointed from a position to another position, the following step placement procedures shall apply:
(1)
If the top step rate of the salary range for the new position is higher than the top step rate of the salary range for the former position, the
employee shall be placed on the lowest step within the salary range for the new position which provides at least a five (5) percent increase over the rate
received in the former position including any regularly assigned bonus or premium compensation amounts in either the former position or in the new
position.
(2)
If the top step rate of the salary range for the new position is the same as the top step rate of the salary range for the former position the
employee shall retain the salary step from the former position.
(3)
If the top step rate of the salary range for the new position is lower than the top step rate of the salary range for the former position, the
employee shall receive the lower of:
a.
The top step rate of the salary range for the new position, or
b.
The step rate in the salary range for the new position which is the same as the employee’s step rate in the prior class; if no step rate in the
range is the same, the net higher level rate in the new salary range shall apply until the employee’s next anniversary date.
(4)
In no case shall an employee receive a salary that is lower than the lowest step rate of the salary range for the new position, or higher than the
top step rate, including regularly assigned bonus amounts, of the salary range for the new position.
(5)
(b)
When an employee returns to a higher level position the employee shall be restored to the former step and step anniversary date.
Salary Rate Comparisons.
(1)
All salary rate comparisons shall be made in the hourly or bi-weekly amounts for the step rates in the salary range.
(2)
Flat rate salary amounts shall be considered to be the top step of the salary range for the position.
(3)
Any regularly assigned bonus or premium amounts shall be included in the top step rates of the salary ranges before the top step rates of the
former and new positions are compared.
(4)
In determining the step placement for an employee assigned or appointed to a position in the Department of Water and Power from a position
in any other City department, salary rate comparisons shall be made using the employee’s actual salary in accordance with applicable provisions of this
section. The availability of higher pay levels for the employee’s classification shall not be considered in the salary step determination.
(c)
Concurrent Step Advancement and Position Change. Employees who would be entitled to receive a step advancement on the same date as they are
appointed or assigned to a new position on a different salary range shall be deemed to have received the step advancement prior to the appointment or assignment
to the new position.
(d)
Bonus/Premium Compensation Assignment. Assignment to or from a position with a regularly assigned bonus or premium rate within the same
class and pay grade does not change the employee’s step placement or step advancement anniversary date.
(e)
Change in Classification by the Civil Service Commission. Whenever a position is reclassified and an employee is found “legally employed” or
“not illegally employed” by action of the Board of Civil Service Commissioners, such employee shall retain the salary step and anniversary date from the former
classification.
(f)
Retroactive Salary Ordinances. Step adjustments will be recomputed, if necessary, pursuant to the provisions of any retroactive salary ordinance.
SECTION HISTORY
Added by Ord No. 150,778, Eff. 4-17-78, Oper. 7-4-77.
Amended by: 1st and 3rd unnumbered paragraphs, Ord. No. 152,544, Eff. 4-23-79, Oper. 7-1-78; Title and Section, Ord. No. 155,181, Eff. 5-4-81; Subsec. (a)(1) and (d), adds (a)(5),
Ord. No. 157,221, Eff. 11-3-82; Subsec. (f) added, Ord. No. 159,659, Eff. 2-15-85.
Sec. 4.903. Salary Step Adjustment.
(a)
The first salary step advancement for an employee who has been initially appointed to City service or who has been appointed or assigned to a position
on a higher salary range shall take place in the payroll period which includes the date six months from the date of the appointment or assignment.
(1)
Consecutive appointments to positions with the same top step salary rate in the six months following the appointment or assignment shall be
treated as one appointment or assignment for step advancement purposes.
(2)
Absences from duty without pay during the six months following initial appointment or in the twelve months between step advancements shall
cause the date of the salary step advancement and the anniversary date to be moved forward one working day for each working day of such absences
beginning with the sixteenth working day of such absences. Employees who are injured on duty are compensated in accordance with Division IV of the
Labor Code of the State of California and Article 7 of Division 4 of this Code shall not have their first step increase or anniversary date change.
(3)
The date six months from the date of appointment shall be the employee’s anniversary date except under circumstances provided for in
Subsection (a) (2).
(b)
An employee who is appointed to a new position on the same or lower salary range shall retain the step advancement anniversary date established for
the former position.
(c)
Each employee shall advance to the next higher step in the salary range in the payroll period which includes the employee’s anniversary date until the
top step of the salary range is reached.
(d)
Provisions applicable to part-time and intermittent employees:
(1)
The initial salary step advancement for a part-time employee (half-time or more but less than full-time) in a position compensated on salary
range shall be in the payroll period following completion of 520 hours and six months of service. Each subsequent step advancement shall be in the payroll
period following the completion of 1040 additional hours and one additional year of service. Hours of service in excess of those required for step
advancement in a time period shall be carried forward for credit in the next time period.
(2)
Intermittent employees or part-time employees exempted from Civil Service provisions by Charter Section 1001 shall be paid a rate
corresponding to the entering step in the salary range for the classification in which the employee is employed. Full-time or half-time employees changing
to intermittent status in the same Civil Service class shall continue to be paid at the same rate as which they were last paid while a full/half-time employee.
Employees who, on the effective date of this section, are being compensated on a step in a salary range higher than that prescribed by this section shall
receive salary at their existing rate until that rate meets or exceeds the rate prescribed by this section.
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-4-77.
Amended by: 2nd unnumbered paragraph, Ord. No. 152,544, Eff. 4-23-79, Oper. 7-1-78; Title and Section, Ord. No. 155,181, Eff. 5-4-81; In Entirety, Ord. No. 159,659, Eff. 2-15-85;
Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.903.1. Salary Step Placement for Non-Represented Exempt Positions.
The General Manager of the Department of Water and Power may employ or retain any person in a non-represented exempt position at any step within the
salary range prescribed for said position that is determined by the General Manager to be commensurate with and based on the extent, responsibility and importance
of the work and the experience and ability of the employee.
SECTION HISTORY
Added by Ord. No. 172,234, Eff. 10-16-98, Oper. 9-1-97.
Sec. 4.904. Return from Layoff or Separation from City Service.
(a)
When an employee returns to a position in a classification in accordance with Charter Section 1015, the employee shall be placed on the same step in
the salary range for the position that was occupied prior to the layoff; and the anniversary date for such employee shall be the date of completion of an aggregate of
one year of service at that salary step. If any other section of this Code provides a higher salary rate than is provided by this section, that other section of the Code
shall govern the employee’s step placement.
(b)
When a former employee is reinstated after a separation from service to serve on active duty in the Armed Forces of the United States, the employee
shall be placed on the step in the salary range for the new position as though no separation from City service had occurred and the employee shall retain his/her
former anniversary date.
(c)
If any employee returns to City service within three years of the date of separation from city service, the appointing authority may authorize a
placement of the employee on the top step in the salary range for the position in accordance with this section as though the employee had not been separated from
city service, but no step advancement credit will be given for the time of separation. In such cases, the employee’s step advancement anniversary date shall be date
of completion of the aggregate number of months required for step advancement at the time of separation from city service.
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-14-77.
Amended by: Title and Section, Ord. No. 155,181, Eff. 5-4-81; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.908. Overtime Compensation.
Except as otherwise expressly provided by the Board of Water and Power Commissioners and approved by the City Council, or otherwise provided for by
ordinance implementing an approved Memorandum of Understanding, employees in classes and levels listed in Schedule “B” shall be compensated for authorized
overtime as follows:
(1)
Employees in classes for which the maximum salary is equal to or less than the maximum salary rate for the class Cashier, Water and Power,
Code 9669, shall be paid at the rate of one and one half-hours for each hour worked. Overtime worked on Sundays, holidays or their equivalents shall be
paid at the double time rate in addition to the regular compensation for the holiday. Each hour worked after sixteen continuous hours on duty have been
worked shall be at the double time rate.
(2)
Employees on salary ranges for which the maximum rate is above that for the class Cashier Water and Power, Code 9669, and equal to or less
than the maximum rate for the class Secretary Water and Power Commission, Code 9739, shall receive compensation at the rate of one and one-half hours
for each overtime hour worked. Employees may request compensation in cash or time off subject to approval of the General Manager.
(3)
(a)
Except as provided in Subsection (b) below, employees on salary ranges above the range for the class of Secretary Water and Power
Commission, Code 9739, shall receive compensation at the rate of one hour for each overtime hour worked. Employees may request compensation in
cash or time off subject to approval of the General Manager, and restrictions adopted by the Board of Water and Power Commissioners in Board
Resolution 89-321, adopted June 22, 1989, or as subsequently amended.
(b)
Notwithstanding the provisions of Subsection (a) above, the pay fixed for employees on salary ranges at or above the range for the class
of Executive Assistant to General Manager DWP I, Code 0360, shall be deemed to provide full compensation for all hours worked.
(4)
The General Manager shall establish limits on the maximum amount of overtime off that can be accumulated in Paragraphs (2) and (3) above.
(5)
Notwithstanding the provisions of this section or any other ordinance to the contrary, whenever an employee in a class listed in Schedule B is
required to remain on duty or on the Department of Water and Power’s premises, in order to maintain Department operations during a work stoppage by
other employees, the employee shall be considered to be on duty during all such hours and shall be paid or allowed to accumulate time-off at the rate of
time-and-one-half as directed by the General Manager. If this section or any other ordinance provides greater overtime compensation, the employee may be
compensated under those provisions.
SECTION HISTORY
Added by Ord. No. 150,778, Eff. 4-17-78, Oper. 7-4-77.
Amended by: Ord. No. 152,544, Eff. 4-23-79, Oper. 7-1-78; Para. 5 added by Ord. No. 154,342, Eff. 6-30-80, Oper. 6-30-80; Ord. No. 165,871 Eff. 5-23-90; Para. (3), Ord. No.
170,063, Eff. 10-17-94.
CHAPTER 10
RETIREMENT BENEFITS AND CONDITIONS OF ENTITLEMENT
(ADOPTED UNDER THE AUTHORIZATION OF CHARTER SECTION 1168)
(Title Amended by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.)
Section
4.1000
4.1001
4.1002
4.1002.1
4.1003
4.1004
4.1010
4.1015
4.1019
4.1020
4.1021
4.1022
4.1024
4.1031.1
4.1031.2
4.1031.3
4.1033
4.1040
4.1040.1
4.1040.3
4.1041
4.1044
4.1044.3
4.1044.4
4.1044.5
4.1045
4.1046
4.1047
4.1048
4.1050
Statement of Purpose.
Definition of Terms.
Members of the System.
Establishment of Tier 2.
Board of Administration Determinations.
Unclaimed Benefits Revert to the Retirement Fund.
Final Compensation.
Waiver of Benefits.
Operative Dates of Certain Sections of this Chapter.
Service Retirement Allowance
Entitlement to Receive Beta Formula Service Credit.
Beta Formula for the Calculation of Service Retirement Allowances.
Service Credit for Accrued Vacation Time in Case of Death; Service Credit to Relate Back to the Date a Member Entered City Service.
Prior Defrayal of Certain Members' Contributions.
Contribution Rate for Members.
Larger Annuity Program.
Early Retirement Incentive Program.
Cost of Living Adjustment.
Discretionary Cost of Living Adjustments.
Ad Hoc Cost of Living Adjustment for Retirees Who Retired Prior to June 30, 1984.
Definitions.
Continuance to Surviving Spouse
Surviving Spouse’s Election to Receive the Continuance to Surviving Spouse Benefit Where Member Failed to Make the Election.
Survivorship Benefits Available to Domestic Partners.
Continuance to Designated Beneficiary.
Application to Change Optional Retirement Allowance.
Cost of Living Increases.
Rule-Making Powers of the Board of Administration.
Operative Date of Sections 4.1042 Through 4.1047.
Construction of the Provisions of this Chapter.
4.1051
4.1051.1
4.1052
4.1052.1
4.1052.2
4.1053
4.1053.1
4.1054
4.1055
4.1055.1
4.1055.2
4.1056.2
4.1057
4.1058
4.1058.1
4.1059
4.1060
4.1061
4.1062
4.1063
4.1064
4.1064.1
4.1065
4.1066
4.1066.1
4.1066.2
4.1066.3
4.1066.4
4.1066.5
4.1066.6
4.1067
Back Contributions for past Periods of City Service and Redeposit of Formerly Withdrawn Accumulated Contributions.
Rights of Former Members.
Past Service Credit Toward Entitlements under Family Death Benefit Insurance Plan.
Buy Back of Periods of Uncompensated Leave from City Service.
Government Service Buy Back Program.
Optional Retirement Allowance.
Election of Annuity with No Payment Due on Death of Last Survivor.
Duty Related and Non-duty Related Deaths Creating Entitlement to Survivorship Benefits.
Disability Retirement.
Loan Program for Applicants for Disability Retirement.
Back Contributions for Periods of City Employment While Disability Pension Applications Were Pending and No Entitlement Existed to Receive
Credit for City Service – Six Months’ Limitation.
Computation of Allowance in Case of Early Retirement; Full Formula Retirement after 30 Years of Service and Attainment of Age 55.
Survivor’s Right to Designate the Beneficiary of Unused Accumulated Contributions and Accrued but Unpaid Allowances.
Medical Examinations of Disability Retirement Applicants.
Requirements Concerning Proof of Disability in Case a Member Dies Subsequent to His or Her Application but Before Reports from Three Physicians
Can Be Obtained.
Accumulated Contributions May Be Refunded to Certain Employees.
Benefits for Employees upon Their Change of Membership from the Water and Power Employees’ Retirement Plan to Membership in the Los Angeles
City Employees’ Retirement System and for Members Who Change Membership from the Los Angeles City Employees’ Retirement System to the
Water and Power Employees’ Retirement Plan.
Compliance with Certain Internal Revenue Code Provisions.
Payments upon Death.
Family Death Benefit Insurance Plan.
Direct Rollovers.
Trustee-to-Trustee Transfers to LACERS.
Reciprocal Benefits with the Public Employees’ Retirement System.
Separate Account Option under Court Orders Dividing Community Property If Legal Separation or Dissolution Occurs Prior to the Member’s
Retirement.
Definitions.
Benefits Available to Nonmember Awarded a Separate Account.
Calculation of Member’s Service Retirement Allowance.
Calculation of Member’s Disability Retirement Allowance.
Buy Back of Funds Allocated to Nonmember.
Duties and Responsibilities of the Board of Administration.
Former Spouse Option to Receive an Annuity for Life.
Sec. 4.1000. Statement of Purpose.
It is the purpose of this chapter to establish retirement benefits for members of the Los Angeles City Employees’ Retirement System and for other beneficiaries
as defined in Section 1152 of the City Charter and Section 4.1002 of this chapter, to modify such benefits and to change conditions of entitlement thereto by
ordinance as authorized in Section 1168 of the City Charter.
It is also the purpose of this chapter to demonstrate the intent of the City of Los Angeles, through its governing bodies, to promote the improvement of
personnel management and employer-employee relations by enacting from time to time, such ordinances as may legally be adopted under the authority of Section
1168 of the City Charter whenever Memorandums of Understanding and other agreements, duly executed by all parties thereto and approved by the City Council,
require by their terms presentation to the City Council of ordinances changing retirement benefits or conditions of entitlement thereto.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 1-2-75.
Amended by: First and Second Paras., Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1001. Definition of Terms.
All words or terms used in this chapter and Chapter 11 not specifically and expressly otherwise defined in any section thereof, shall be defined in accordance
with the definitions contained in Section 1152 of the City Charter, Section 4.801 of the Los Angeles Administrative Code and Section 3501 of the California
Government Code, or shall have the following meaning, if not elsewhere defined:
"Accumulated Contributions": Shall mean the total of the amounts paid into the Retirement Fund by the member and any interest credited to the
member's account.
“Annuity”: Shall mean payments for life derived from the accumulated contributions of a member as provided in this chapter.
“Beta Formula”: Shall mean the service retirement formula established in Section 4.1022 of this chapter.
“Beta Formula Service”: Shall mean those periods of City service to which the Beta Formula shall be applicable pursuant to Section 4.1021 of this
chapter.
“City Service” or “Service”: Shall mean only those periods during which a member received compensation from the City as an employee or during
which the employee not only received Workmen’s Compensation benefits (Div. IV, Labor Code) for temporary disability on account of any injury or illness
arising out of and in the course of employment with the City but for which the employee also made contributions to the fund as provided in Charter Section
1162.
“City Service Credit” or “Service Credit”: Shall mean the time component of the formula used by Los Angeles City Employees’ Retirement System
for purposes of calculating benefits pursuant to applicable Los Angeles Administrative Code and Board Rule provisions.
“Compensation Earnable”: Shall mean the full salary, wage or compensation established for any position or office in the City service for the
particular period involved in any calculation required.
“Continuous Service”: Shall mean uninterrupted City service except that discontinuance of such service of a member for any cause whatever, followed
by re-entrance into the City service within three years from the date of such discontinuance, shall not be considered as a break in the continuity of service.
“Dependent Parent”: Shall mean only a person whom the Board of Administration, upon investigation and after a hearing in the matter, shall find is
the parent of a member to or for whom the member, during the last year of his service, contributed at least one-half (1/2) the necessary living expenses.
“Employee”: Shall mean every person in the employ or service of the City of Los Angeles in any capacity or rank whatever at a regular salary, wage or
compensation, and regardless of whether the position held by any such person is classified as an office or employment.
"Larger Annuity": Shall mean the annuity funded entirely by the member as provided in Section 4.1031.3 of this Chapter.
"Member": Shall mean an employee of the City of Los Angeles who meets the membership requirements contained in Section 4.1002 of this Chapter. Notwithstanding the foregoing, a person who qualifies for reciprocity under Section 4.1065 and is no longer employed by the City may be considered to be a
member, but only to the limited extent necessary to comply with the reciprocity provisions contained in Section 4.1065 of this Chapter. A retired member
who is receiving a monthly benefit from the Retirement System shall not be considered a member for purposes of this Chapter and, if re-employed as
authorized in Charter Section 1164, shall continue to be a retired member.
“Regular Interest”: Shall mean interest credited to the individual account of each member as provided in Charter Section 1162(b).
“Reserve Basis”: A system which provides for the accumulation and maintenance of a fund which will at all times be equal to the difference between
the present value of the obligations assumed and the present value of the money to be received for paying such obligations, where such present values are
estimated in accordance with accepted actuarial methods and on the basis of an assumed rate of interest and the mathematical probabilities of the occurrence
of such contingencies as affect both the payment of the assumed obligations and the receipt of money with which they are to be paid.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: In Entirety, Ord. No. 165,622, Eff. 4-22-90; Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Ord. No. 174,365, Eff. 12-14-01; Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1002. Members of the System.
(a)
Every employee shall become a member of the Retirement System on the first day of employment in a position with the City in which he or she is not
excluded from membership pursuant to the provisions of Subsection (b) of this Section. A City employee shall cease to be a member upon termination of
employment. A City employee shall also cease to be a member if a change in his or her employment results in an exclusion from membership pursuant to the
provisions of Subsection (b) of this Section or if his or her membership has been terminated pursuant to the provisions of Section 4.1059 of this Chapter. A former
member who re-enters City employment or whose City employment changes, shall again become a member of the Retirement System on the first day of City
service in a position with the City in which he or she is not excluded from membership pursuant to the provisions of Subsection (b) of this Section or Charter
Section 1164.
(b)
The following employees shall not be members of said Retirement System:
(1)
Persons employed by the Board of Education or School District.
(2)
Persons serving on any Board of Commissioners whose compensation consists of attendance fees per meeting attended.
(3)
Members of the Fire and Police Pension Plans and members of the Water and Power Employees’ Retirement Plan, provided, however, that this
exclusion shall not operate during any period of City service in which any such person is employed in any capacity which renders that person ineligible for
current membership in said Plans. Nothing in this chapter shall be construed to prevent any person entitled to the payment of any benefit on account of
service as a member of the Plans herein mentioned, from receiving payment on account of any benefit to which such person is entitled as a member of this
Retirement System; provided, nevertheless, that no payment shall be made under provisions of this chapter, for or on account of any period of service for
which such person is entitled to receive or is receiving any benefit, under the Fire and Police Pension Plans or the Water and Power Employees’ Retirement
Plan.
(4)
Inmates of City institutions who are allowed compensation for such services as they are able to perform.
(5)
Persons in City institutions principally for the purpose of receiving training but who receive compensation.
(6)
Persons employed under contract for a definite period or for the performance of a particular special service.
(7)
Persons employed only on call or for seasonal work.
(8)
Any person employed on an intermittent, temporary, or part-time basis, unless the person is a member at the time he or she commences to serve
on such a basis; or unless the appointing authority certifies to the Board of Administration that the person’s employment is regular and continuous and will
probably extend for at least one year and require service for at least one-half the time required of employees in the same group or class of service on a fulltime basis.
(9)
Any officer of the City elected for a fixed term who files a written declaration of his or her desire not to become a member of the System within
90 days next following the last day of the calendar month during which the first deduction on account of member contributions to the Retirement Fund is
taken. When the declaration is filed, any contributions already taken attributable to the fixed term to which he or she was just elected, including interest
thereon, shall be transferred to the officer's account with the Limited Term Retirement Plan and said officer shall have no right to benefits from the System
for any periods for which such contributions were taken. Provided that any officer who has filed such declaration may revoke it in writing and, upon filing
the revocation with the Board of Administration, shall become a member of the System. In addition to persons elected for a fixed term as an officer of the
City, any person appointed to fill a vacancy in an elected office for a fixed term, whether for the full remainder of such term or any portion thereof, may
choose not to become a member of the System as provided in this paragraph and shall be considered an elected official of the City for purposes of
participation in the Limited Term Retirement Plan.
Notwithstanding the foregoing, whenever any retired member of the System is elected as an officer of the City, he or she shall not re-enter membership
in the System, but shall instead become a participant in the Limited Term Retirement Plan, during which time he or she shall continue to receive benefits as
a retired member of the System.
(10)
Any person undergoing training who will become a member of the Fire and Police Pension Plan upon completion of training.
(c)
Notwithstanding the provisions of Subsections (a) and (b) of this Section, certain employees shall remain members of the Retirement System pursuant
to the provisions of this Subsection.
The Department of General Services is an Outside Agency as defined in Charter Section 1202(h). Members employed by the Department of General Services
as sworn peace officer personnel, whose positions may be transferred to the Los Angeles Police Department (LAPD) pursuant to a merger of police services
authorized by the City Council shall, at the time of the transfer, become Transferring Employees as defined in Charter Section 1202(i) and for purposes of this
Subsection. The purpose of this Subsection is to provide these Transferring Employees with the benefits provided by the Retirement System, in lieu of the benefits
provided by the Fire and Police Pension Plan, pursuant to the authority provided in Charter Section 1216(b)(1).
Transferring Employees shall remain members of the Retirement System for so long as they continue in employment with the LAPD in any sworn position,
except as otherwise provided in the following paragraph. In addition to continuing to be members during any period(s) of academy training required in connection
with positions held at the time of the transfer, Transferring Employees shall continue to be members of the Retirement System during any period(s) of academy
training required to qualify for employment in any other sworn position with the LAPD, provided that they have not opted out of membership as provided in the
following paragraph.
In the event that a Transferring Employee decides to transfer to a position with the LAPD that is not a sworn position transferred from the Department of
General Services, such Transferring Employee may elect to opt out of membership in the Retirement System. In order to opt out of membership in the Retirement
System, a member shall file a written opt out election form with the Retirement System, which election shall become effective on the date the Transferring
Employee changes classifications and becomes eligible for membership in the Fire and Police Pension Plan or the Pension Savings Plan established in Chapter 16,
Division 4 of this Code, as applicable. The Retirement System shall establish the period during which an opt out election form must be filed, which period shall be
at least seven days in length and shall end not later than the day before the date the member is scheduled to change classifications; failure to file an opt out election
form within the period established by the Retirement System shall constitute an irrevocable election not to opt out of membership in the Retirement System. A
member shall have seven days from the date an opt out election form is filed to revoke his or her election, after which the election shall be irrevocable. Once an
election has become irrevocable, it shall not be revoked for any reason by anyone, including the Board, except in the following circumstance: If a Transferring
Employee who has opted out and changed classifications should for any reason subsequently revert to a position that was transferred from the Department of
General Services, he or she shall be reinstated to membership in the Retirement System. The provisions of this paragraph allowing a member, under specified
conditions, to opt out of membership shall expire two years from the effective date of this Subsection, although a member who timely files an opt out form prior to
expiration of the two-year period shall be allowed to opt out even if his or her classification changes after expiration of the two-year period. The Board shall not
have any authority to waive or extend any time limitation set forth in this paragraph.
Transferring Employees shall not become members of the Fire and Police Pension Plan except as provided in the preceding paragraph. In the event that a
Transferring Employee should terminate employment and thus cease to be a member of the Retirement System, his or her status as a Transferring Employee shall
terminate and shall not be reinstated in the event he or she should again enter City employment.
SECTION HISTORY
Added by Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00.
Amended by: Subsecs. (a) and (b)(9), Ord. No. 174,820, Eff. 9-25-02; Last Sentence of Second Para. of Subsec. (a) amended and Subsec. (b)(10) added, Ord. No. 177,214, Eff. 1-406; Subsecs. (a), (b)(8), (b)(9) and (b)(10), Ord. No. 182,196, Eff. 8-8-12; Subsec. (c) Added, Ord. No. 182,336, Eff. 12-13-12.
Sec. 4.1002.1. Establishment of Tier 2.
All employees who become members of the Retirement System on or after July 1, 2013, shall become members of Tier 2, except as provided otherwise in
Subsection (a) below. The benefits and conditions of entitlement for members belonging to Tier 2 shall differ, as provided in this Section and in Chapter 11 of
Division 4, from the benefits and conditions of entitlement for employees whose membership in LACERS began prior to July 1, 2013 (who shall be referred to as
members of Tier 1 for purposes of this Chapter and Chapter 11 of Division 4 of this Code). There shall be no exception to Tier 2 membership based upon Section
4.1065, and Tier 2 members entitled to reciprocity under Section 4.1065 shall contribute at the rate provided in Tier 2, which is not related to age at entry. All
citations herein are to provisions in this Chapter unless noted otherwise.
(a)
Exceptions to Tier 2 Membership.
(1)
Former Members with Contributions on Deposit. A former member who returns to membership in the Retirement System on or after July 1,
2013, shall return to membership in Tier 1 if he or she has pre-July 1, 2013, contributions that remain on deposit with the Retirement Fund on the date he or
she re-enters City service. All former members who return to membership on or after July 1, 2013, without having pre-July 1, 2013, contributions on deposit
shall become Tier 2 members. In the event a former member's pre-July 1, 2013, contributions have been forfeited to the Retirement Fund, he or she shall
return to membership in Tier 1 provided that he or she is relieved from such forfeiture and said funds are returned to his or her individual account. Former
members may not qualify for the exception provided in this paragraph by making back contributions or re-deposits of contributions after re-entry into City
service.
(2)
Tier 1 Disability Retirees Returned to Employment. A Tier 1 disability retiree who is returned to City employment on or after July 1, 2013,
as provided in Subsections 4.1055(b) or (d), shall return to membership in Tier 1.
(3)
Reciprocal Retirement Benefit Arrangement. If an employee of the City's Department of Water and Power (DWP) participates in the
reciprocal retirement benefit arrangement established in Section 4.1060, he or she shall become a member of Tier 1 upon becoming a member of the
Retirement System, rather than Tier 2, provided that his or her employment with the DWP commenced prior to July 1, 2013, and there is no break in service
of more than seven calendar days, as provided in Section 4.1060(2). This exception shall not apply if the member elects not to participate in the reciprocal
retirement benefits arrangement, as provided in Subsection 4.1060(5).
(4)
Limited Term Retirement Plan. An elected official who was a member of the Limited Term Retirement Plan (LTRP) on June 30, 2013, and
subsequently becomes a member of the Retirement System shall become a member of Tier 1, rather than Tier 2, provided that his or her service as an elected
official was continuous from June 30, 2013, until the date he or she became a member of the Retirement System and all of the funds in his or her individual
account with the LTRP are transferred to his or her member account with the Retirement System pursuant to the provisions of Section 4.1051(a)(3)(1).
(b)
Back Contributions and Re-Deposits of Contributions. Tier 2 members may make back contributions as provided in Section 4.1051(a). If back
contributions are paid for a period of employment prior to July 1, 2013, the contribution rate used in the payment calculation shall be the rate that the person would
have paid if he or she had been a member of Tier 1 at that time. Tier 2 members may re-deposit previously withdrawn accumulated contributions as provided in
Section 4.1051(b). Neither making back contributions nor re-depositing previously withdrawn contributions shall allow a member to establish an earlier
membership date for purposes of excluding him or her from membership in Tier 2.
(c)
Tier 2 Contributions. A member who belongs to Tier 2 shall contribute by salary deduction to the Retirement Fund at an actuarially determined rate
sufficient to fund 75% of normal costs and 50% of any unfunded liability for Tier 2. The member contribution is paid solely for the purpose of providing benefits
for the member and, unlike Tier 1, does not include a survivor contribution.
The initial contribution rate for the first four years of Tier 2 shall be 10% of the compensation earnable for each member. The Board shall establish the Tier 2
member contribution rate every three years thereafter, with the first such determination to be effective July 1, 2017, for the following three years. The Board shall
establish the member contribution rate as a percentage of compensation earnable for each member and the rate established shall be actuarially determined to be
sufficient to fund 75% of normal costs and 50% of any unfunded liability for Tier 2. The City contribution shall be determined annually by the Board in a
percentage that, when combined with the member contribution, is sufficient to fully meet the actuarial funding requirements.
For purposes of this Section:
-
member contributions shall be credited to each member's individual account and no portion of a member's contribution shall be paid into the 401(h)
account; -
member contributions are subject to the provisions of Charter Section 1162, including the right to be credited with interest; -
compensation earnable shall consist of base salary and shall not include any bonuses or premium pay;
-
normal costs and unfunded liability shall include costs associated with funding the Retirement Fund's 401(h) account for purposes of establishing the
member contribution rate except that, if for any reason the determination of the member contribution rate at the time of an adjustment results in a
member contribution rate that exceeds the amount necessary to fund 100% of normal costs and unfunded liability excluding all costs associated with
funding the 401(h) account, then the member's contribution rate shall be reduced accordingly to assure that no part of a member contribution is used
to fund the 401(h) account since, if member contributions were paid into the 401(h) account, these contributions would become non-refundable and
could not be paid on a pre-tax basis pursuant to Chapter 15 of this Code;
-
the unfunded liability used to determine rate adjustments shall be based upon the average of the last three years' amortization payments toward the
unfunded liability for Tier 2 as determined by the Board's actuary;
-
the normal costs used to determine rate adjustments shall be based upon the average of the last three years' normal costs for Tier 2 as determined by the
Board's actuary.
The provisions of Section 4.1031.2 shall not apply to members of Tier 2 unless a member is making back contributions for a period of City employment prior
to July 1, 2013.
Notwithstanding the provisions of this section, the City Council shall have the discretionary right to adopt an ordinance to temporarily reduce the member
contribution rate for a period not to exceed three years. Members of Tier 2 shall not obtain any vested right to a lower contribution rate on account of any such
reduction. Further, the Council explicitly retains the right to amend this Code by ordinance to delete this provision. Any ordinance adopted pursuant to this
paragraph shall be adopted in the same manner as provided in Charter Section 1168.
(d)
Final Compensation. The provisions regarding final compensation contained in Section 4.1010 shall apply to Tier 2 members except that:
(1)
Compensation which is to be included in final compensation for all Tier 2 purposes shall be limited to base salary and shall not include any
bonuses or premium pay.
(2)
Final compensation for all Tier 2 purposes shall be calculated as an average of the monthly compensation paid during the member's last 36
months of service or any other 36 consecutive months of service which the member shall designate. Any references in this Chapter to a 12-month period
related to final compensation shall be deemed to refer to 36 months for Tier 2 members. Since employees are paid on a bi-weekly basis, rather than a
monthly basis, the Board shall adopt appropriate rules to convert a member's bi-weekly compensation into an amount that represents the member's
equivalent compensation for the 36 month period that is to be used to determine final compensation pursuant to this provision. If for any reason final
compensation must be computed for any member who has completed less than 36 months of continuous service, the salary for the missing months shall be at
the rate for the first month of service to arrive at the compensation earnable; this exception shall not apply if a member has any period of continuous service
of 36 months or more for which he or she will receive service credit. (e)
Service Retirement for Employees.
(1)
Normal Retirement. A Tier 2 member with ten or more years of continuous City service shall be eligible to retire after reaching age 65 with a
retirement factor of 2%. A Tier 2 member shall be eligible to retire at age 70 or older, regardless of length of City service, with a retirement factor of 2%.
(2)
Early Retirement. A Tier 2 member with ten or more years of continuous City service shall be eligible to retire after reaching age 55 with the
following retirement factor based upon his or her age:
Age
55.00
55.25
55.50
55.75
56.00
56.25
56.50
56.75
57.00
57.25
57.50
57.75
Retirement Factor
0.7700%
0.7880%
0.8050%
0.8230%
0.8400%
0.8600%
0.8800%
0.9000%
0.9200%
0.9430%
0.9650%
0.9880%
58.00
58.25
58.50
58.75
59.00
59.25
59.50
59.75
60.00
60.25
60.50
60.75
61.00
61.25
61.50
61.75
62.00
62.25
62.50
62.75
63.00
63.25
63.50
63.75
64.00
64.25
64.50
64.75
1.0100%
1.0350%
1.0600%
1.0850%
1.1100%
1.1380%
1.1650%
1.1930%
1.2200%
1.2500%
1.2800%
1.3100%
1.3400%
1.3750%
1.4100%
1.4450%
1.4800%
1.5180%
1.5550%
1.5930%
1.6300%
1.6750%
1.7200%
1.7650%
1.8100%
1.8580%
1.9050%
1.9530%
(3)
A Tier 2 member who is eligible for normal or early retirement may file a service retirement application with the Board of Administration
specifying a retirement date. The application shall be filed not less than thirty or more than sixty days prior to the requested retirement date.
In the event a member has been notified by the City that he or she will be laid off, the application may be filed less than thirty days in advance and shall
be accepted provided it is filed with the Board while the member is still employed, specifies a retirement date prior to the member's termination, and shall
not be effective earlier than the date on which it is filed.
The thirty day advance filing requirement shall not apply if the City has adopted a Resolution of Fiscal Emergency that is in effect and the Mayor has
notified the System in writing that the City's fiscal condition warrants a waiver of the advance filing requirement for a 90 day period from the date of such
notification, provided that the application shall not be effective earlier than the date on which it is filed. So long as the Resolution of Fiscal Emergency
remains in effect, the Mayor may extend a waiver of the advance filing requirement in successive periods of 90 days each by written notification from the
Mayor to the System.
(f)
Service Retirement for Terminated Employees (Deferred Retirement). A Tier 2 member who terminates City employment other than by retirement
may leave his or her contributions in the Retirement Fund. Such former member's individual account shall be credited with regular interest in the same manner as
applies to a member's individual account. In order to become eligible for a deferred service retirement from Tier 2, a former member whose contributions remain in
the Retirement Fund must have:
(1)
Five years of continuous City service, be age 55 or older, and ten years must have elapsed since he or she first became a member; or
(2)
Five years of continuous City service and be age 70 or older; or
(3)
Been a part-time employee, be age 55 or older, and ten years must have elapsed since he or she first became a member; or
(4)
Been a part-time employee and be age 70 or older.
A former member of Tier 2 who is eligible for a deferred service retirement must notify the Retirement System in writing when he or she wants to retire and
shall then be retired with the retirement factor attributable to his or her age as provided in Subsection (e)(2)(A)-(J), if age 55 through 64, or with a retirement factor
of 2% if age 65 or older, provided that the date of his or her retirement may not be earlier than the date that the written notification is received by the System.
(g)
Service Retirement Allowance. Members of Tier 2 shall not qualify for a Beta Formula retirement, but shall receive a Tier 2 Formula retirement
when retired on a service retirement allowance. The service retirement allowance for a person who is eligible to retire under either Subsection (e) or (f) herein shall
be determined pursuant to the following Tier 2 Formula: retirement factor (multiplied by) City service credit (multiplied by) final compensation (equals) service
retirement allowance.
Each service retirement allowance shall be allocated between the following two components:
(1)
An annuity which shall be the actuarial equivalent of the retiree's accumulated contributions at the time of retirement (excluding any additional
contributions paid to provide a larger annuity at the time of retirement), calculated in accordance with approved actuarial methods as of the date of
retirement; and
(2)
A pension, in the amount of the remaining balance, payable to the retiree on account of his or her service. However, if the Tier 2 member who is retiring had previously been on disability retirement, his or her retirement allowance shall be reduced by an amount
equal to the annuity which the total of the disability annuity payments made to him or her would have provided had they still been part of his or her accumulated
contributions at the time of his or her service retirement unless, upon returning to service from disability retirement, a member elected, as provided by Board rule, to
make additional contributions in order to restore part or all of his or her annuity.
In no event shall any Tier 2 retirement allowance exceed 75% of final compensation, except where the allowance is based solely upon the annuity component
funded by the retiree's accumulated contributions and thus does not include a pension component. Further, all Internal Revenue Code limitations set forth in
Section 4.1010 shall be applicable to benefits payable under Tier 2. In addition, Tier 2 members shall not be entitled to the payment of benefits to the extent such
benefits are reduced by the limitations on benefits imposed by Section 415 of the Internal Revenue Code. Notwithstanding the provisions of Section 4.1800 of this
Code, Tier 2 members shall not be eligible to participate in the Excess Benefit Plan established in Section 4.1800.
The 75% of final compensation limitation upon the retirement allowance set forth above, which is subject to one exception as noted, shall apply to the
member's retirement allowance prior to any adjustments that may be required as a result of the purchase of an additional annuity, the provision for a continuance to
a survivor, or any other election authorized in this Chapter.
(h)
Disability Retirement. A Tier 2 member shall be eligible for disability retirement benefits as provided in Section 4.1055. A Tier 2 member who is
retired due to disability and is subsequently returned to city employment, as provided in Subsection (b) or (c) of Section 4.1055, shall return to membership in Tier
2.
(i)
Cost of Living Adjustments. A Tier 2 member who is retired for disability or service shall be eligible for annual cost of living adjustments after his or
her retirement date. A survivor of a Tier 2 retiree shall be eligible for annual cost of living adjustments after the date of the retiree's death if he or she is receiving a
monthly benefit from the System. A survivor of a Tier 2 member who died prior to retirement shall be eligible for annual cost of living adjustments after the date
of the member's death if he or she is receiving a monthly benefit from the System other than those provided in Section 4.1062(a)(2) or Section 4.1063. Cost of
living adjustments for Tier 2 benefits shall be determined in the same manner as provided in Section 4.1040 except that annual adjustments shall not exceed 2% and
cost of living adjustments in excess of 2% shall not be carried over to another year.
The Board shall adopt rules to allow a member of Tier 2 to purchase additional COLA coverage, not to exceed an additional 1% per year, provided that the
member shall pay the full actuarial cost for this additional benefit. If a retiree has purchased an additional annuity, the additional COLA coverage shall not apply to
the additional annuity unless the member has paid the full actuarial cost to extend the additional COLA coverage to include the additional annuity benefit.
(j)
Death Benefits. Members of Tier 2 do not pay a survivor contribution for the purpose of providing benefits to a surviving spouse or domestic partner. The provisions in Chapter 10 providing for the payment of benefits upon the death of a member, former member, or retiree shall not apply to Tier 2 except as
provided otherwise in this section.
The only benefits payable from the Retirement Fund upon the death of a Tier 2 retiree shall be the benefits provided in Subsections (b) and (c) of Section
4.1062 unless the retiree elected at the time of retirement to take a reduced allowance in order to provide for a continuance pursuant to the provisions of either
Section 4.1044.5 or Section 4.1053. With regard to the benefit provided in Section 4.1062(c), since the purpose of this benefit is to provide a funeral allowance for
the deceased retiree, the payment of this benefit from Tier 2 shall be made to only one person whom the retiree may designate to receive this payment for its
intended purposes, provided that the Retirement System shall have no responsibility to assure that this payment is used for that purpose. If the decedent has no
beneficiary designated to receive the funeral allowance, the funeral allowance for a Tier 2 retiree shall be paid to the surviving spouse of such decedent or, if none,
to the executor or administrator of the estate of the decedent or to any other person or legal entity legally authorized to receive money due said decedent.
The only benefits payable from the Retirement Fund upon the death of a Tier 2 member prior to retirement shall be the benefits provided in Subsection (a) of
Section 4.1062 unless the Tier 2 member was a participant in the Family Death Benefit Insurance Plan (FDBIP) at the time of his or her death. FDBIP benefits
shall be paid as authorized in Section 4.1063 in addition to any benefits that are payable pursuant to Section 4.1062(a)(1) and (2), but if any person elects to receive
an optional retirement allowance as provided in Section 4.1062(a)(3), then no FDBIP benefits shall be paid.
The only benefits payable from the Retirement Fund upon the death of a former member of Tier 2 whose contributions remain on deposit in the Fund at the
time of his or her death shall be a refund of his or her accumulated contributions. The accumulated contributions shall be paid in the manner specified in Section
4.1062(a)(1). For purposes of this section, former member shall be defined as provided in Section 4.1051.1(c). A former member who has established reciprocity
with another retirement system shall be limited to the rights provided in this paragraph if he or she dies prior to retirement.
(k)
Purchase of Service. Members of Tier 2 may buy back credit for periods of uncompensated leave from City service under Section 4.1052.1.
Members of Tier 2 may purchase service credit under Section 4.1052.2 with the following limitations and modifications:
(1)
(2)
follows:
Purchase of service credit shall be limited to a total of four years.
The cost to purchase service credit shall not be determined under the provisions set forth in Section 4.1052.2, but shall be determined as
The member's contribution rate shall be combined with the "City Contribution Rate" (as defined below) to establish the total percent of the
member's compensation, at the time of purchase, that is to be paid for the total length of the period of service credit (not to exceed four years) that
the member agrees to purchase. Compensation as used in this Subsection shall refer to the member's compensation earnable, as defined in
Subsection (c) herein, at the time of purchase.
As an example, assuming the member's compensation at the time of purchase is $100,000 per year, the member's contribution rate is 10%, the
City Contribution Rate is 20%, and the period of service credit to be purchased is two years, the cost would be determined as follows:
The 10% member contribution rate plus the 20% City Contribution Rate results in a total contribution rate of 30%. Thus, to purchase
two years of service credit would cost the member a total of $60,000 (30% of the member's $100,000 compensation for each year of service
purchased).
The "City Contribution Rate" shall be the average annual percent of payroll contributed by the City to the Retirement Fund (excluding
contributions allocated to fund the 401(h) account) for Tier 2 based upon the City's payments for the seven years prior to the time of purchase. For
the first seven years commencing January 1, 2013, this rate shall be computed upon the City's average annual percentage of payroll contributions to
Tier 2, with the rate for any missing year(s) based upon the average of the annual rate(s) for the prior year(s).
(3)
A written purchase agreement shall be entered into with the member. Payment may be made either as a lump sum or by payroll deduction on a
post-tax basis. Should the member elect to purchase service credit through payroll deduction, annual interest at a rate determined by the Board and set at the
commencement of the agreement shall be charged. The Board may establish a minimum biweekly payroll deduction and rules regarding the rollover of
funds to pay for purchases.
(4)
Purchased service credit shall only count for purposes of calculating the member's service retirement allowance. Purchased service credit shall
not count toward establishing the minimum ten years of continuous service required to qualify for retirement under Subsection (e), the minimum five years
of continuous service required to qualify for retirement under Subsection (f), or the minimum ten years of continuous service required to qualify for disability
retirement. Further, purchased service credit shall not count as service or service credit for purpose of qualifying for any benefits provided in Chapter 11 of
Division 4 of this Code.
(5)
In the event that the member dies prior to retirement, the funds paid for this purchase shall be considered to be a part of the member's
accumulated contributions and shall be refunded accordingly, with interest thereon computed at the rate applicable to regular member contributions.
(6)
Because purchased service credit does not count towards disability benefits, at the time of his or her disability retirement the member may elect either to receive a refund of the funds paid for this purchase, including interest thereon, or to apply these funds to purchase a larger annuity.
(7)
In the event part or all of the purchased service credit at the time of retirement would cause the member's service retirement allowance to exceed
75% of final compensation, the purchase cost attributable to any excess service credit that may not be used in the retirement formula, including interest
thereon, shall be refunded or may be applied by the member to purchase a larger annuity if doing so does not cause the retirement allowance to exceed any
federal limitations that may apply.
(8)
The Board shall have the full authority granted in Subsection 4.1052.2(j) to administer the provisions of Section 4.1052.2 as amended herein.
SECTION HISTORY
Added by Ord. No. 182,296, Eff. 11-12-12.
Sec. 4.1003. Board of Administration Determinations.
If it shall be impracticable for the Board to determine from the records the length of service, the compensation, either final or earnable, or the age of any
member, the said Board may estimate, for all purposes of this chapter, such length of service, compensation, or age. It shall determine and fix the amount of service
rendered which shall be the equivalent of a year of service, provided that not more than one year of service shall be credited for all services rendered during any one
year. In all cases where compensation of any member consists, in part, of payment for the use of equipment owned and operated by such member personally, the
Board of Administration shall fix and determine, for all purposes of this chapter, a compensation for the personal service of such member, which shall be in keeping
with the salary or wage paid by said City for comparable service, and the compensation so fixed by the Board shall be the basis, and the only basis, for the
calculation of the contributions of such member and any and all benefits provided for in this chapter. Each member shall file with said Board such information
affecting his or her status as a member of said Retirement System, as said Board may require, and the administrative head of each department of the City
government shall furnish to said Board such information relative to any member, and the member’s status, as it may request.
SECTION HISTORY
Added by Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00.
Sec. 4.1004. Unclaimed Benefits Revert to the Retirement Fund.
Any benefit payable from the Retirement System that is not claimed shall revert to the Retirement Fund. Unless there is a different claim period specified
elsewhere in this Chapter, benefits payable from the Retirement System must be claimed within one year. If the person entitled to a benefit is a minor, the period in
which to claim the benefit shall be tolled until he or she attains age 18.
In the event that a beneficiary is entitled to a benefit from the Retirement System but payment cannot be made for any reason, such as the beneficiary's failure
to cooperate, where the beneficiary's whereabouts is unknown or where a beneficiary has failed to cash an outstanding check within such reasonable time period as
established by Board rule, and the Retirement System has followed Internal Revenue Service procedures to locate the beneficiary, the funds due to the beneficiary
shall be forfeited to the Retirement Fund provided that a beneficiary shall be relieved from such forfeiture upon receipt of a request from him or her, or anyone
authorized to act on his or her behalf.
SECTION HISTORY
Added by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1010. Final Compensation.
Wherever the phrase “Final Compensation” is used in this chapter, it shall, unless a different meaning is clearly indicated by the context, have the following
meaning:
The final compensation of every member, on or after the operative date of this section, shall be calculated upon an annual compensation earnable of the
member during his or her last twelve (12) months of service or during any other twelve (12) consecutive months of service which he or she shall designate.
Compensation which is to be included in Final Compensation shall be limited to base salary and regularly assigned bonuses or premium pay. Payments of money to be included in the calculation of Final Compensation are limited, prior to July 1, 2000, to payments designated as salary by an
ordinance of the City or, effective July 1, 2000, to payments designated as salary by an ordinance of the City or a memorandum of understanding; all other
payments of money not so designated shall not be included in the calculation of Final Compensation. Compensation which shall not be included in the
calculation of Final Compensation shall include, but not be limited to, overtime, daily and other non-regularly assigned bonuses, reimbursements, car
allowances, uniform allowances, payments in lieu of benefits or cash-out of benefits and other forms of compensation.
With respect to an employee who begins membership in the Los Angeles City Employees’ Retirement System after June 30, 1996, compensation taken
into account in any Plan year may not exceed the annual compensation limits established under Internal Revenue Code Section 401(a)(17), as adjusted for
increases in the cost of living in accordance with Internal Revenue Code Section 401(a)(17)(B).
SECTION HISTORY
Added by Ord. No. 144,470, Eff. 3-28-73.
Amended by: Third Para. added by Ord. No. 171,145, Eff. 8-1-96; In Entirety, Ord. No. 172,808, Eff. 9-20-99; First, Second and Fourth Paras., Ord. No. 173,237, Eff. 6-19-00, Oper.
7-1-00; Fourth Para., Ord. No. 174,820, Eff. 9-25-02; Second Para., Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1015. Waiver of Benefits.
Each beneficiary, as defined in Charter Section 1152, shall have the right, at any time, to waive payment of the whole or any portion of any benefit whatsoever
or of any increase in the amount of any benefit which is or shall become payable to him or her pursuant to any provision of this chapter and may waive payment
thereof forever or for a definite or indefinite period of time. Any such waiver shall be in writing, shall be filed with the Board of Administration and shall be
effective as of the first day of the month following the month in which it shall be filed. Each beneficiary who shall make and file such a waiver shall have the right,
at any time, to cancel the same. Any such cancellation shall be in writing, shall be filed with the Board of Administration and shall be effective as of the first day of
the month following the month in which it shall be filed. Any such waiver shall constitute a complete release, discharge and acquittance of the City of Los Angeles
and the Board of Administration from any and all liability to pay any amount or amounts of any benefits which shall be waived by any such beneficiary.
SECTION HISTORY
Added by Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00.
Sec. 4.1019. Operative Dates of Certain Sections of This Chapter.
Sections 4.1021, 4.1022, 4.1023, 4.1031, 4.1031.1 and 4.1056.1 of this chapter shall become operative on the first day of the payroll period during which the
ordinance adopting said sections becomes effective.
SECTION HISTORY
Added by Ord. No. 147,686. Eff. 9-12-75.
Sec. 4.1019.1. Members of the System.
SECTION HISTORY
Added by Ord. No. 166,930, Eff. 6-10-91.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1020. Service Retirement Allowance
(a)
A member who has reached the age of seventy (70) years or more, regardless of length of City service, shall be retired upon filing with the Board of
Administration his or her written application therefor designating therein the date upon which such retirement shall be effective, which date shall be not less than
thirty (30) nor more than sixty (60) days from and after the filing of such application. Any member who shall have completed ten (10) or more years of continuous
service shall be retired at any time after attaining age sixty (60), upon said member filing with the Board of Administration a written application therefor
designating therein the date upon which such retirement shall be effective, which date shall be not less than thirty (30) nor more than sixty (60) days from and after
the filing of such application; provided, that any member who has completed the minimum number of years of service entitling him or her to retire, as herein set
forth, and who has attained age fifty-five (55) or has completed thirty (30) or more years of service regardless of age, may elect to retire and be paid a retirement
allowance which shall be equal to the amount which shall remain after the full retirement allowance which would be payable to the member if he or she had then
attained age sixty (60) shall have been reduced by reference to the sections in this chapter providing for the Computation of Allowances in Case of Early
Retirement. Application for such earlier retirement shall be made in the same manner as that hereinabove provided for regular service retirement.
Any person whose membership has heretofore been terminated or any member whose membership may hereafter be terminated prior to completing five years
of continuous service may have his or her accumulated contributions refunded as provided in Section 4.1051.1 of this chapter.
Any person whose membership has heretofore been terminated or any member whose membership may hereafter be terminated, for any reason, after the
member has completed five or more years of continuous service, may have his or her accumulated contributions refunded as provided in Section 4.1051.1 or may
leave his or her accumulated contributions in the Retirement Fund and thereafter be paid a retirement allowance, based upon his or her accumulated contributions
and his or her service as of the date his or her membership was terminated, upon notifying the Retirement System in writing that he or she wants to retire, provided
that the date of retirement may not be earlier than the date the written notification is received by the Retirement System and that he or she qualifies for retirement
under one of the deferred retirement provisions set forth below:
(1)
Full retirement. He or she may apply to retire with a retirement allowance calculated in accordance with the provisions of Subsection (b) of
this section either at any time after attaining age 60, provided at least ten years have elapsed since he or she first became a member, or at any time after
attaining age 70.
(2)
Early retirement. At any time after attaining age 55, he or she may retire with a retirement allowance equal to the amount which shall remain
after the full retirement allowance which would be payable to the person if he or she then had attained age 60 shall have been reduced as provided in Section
4.1056.2 of this Chapter, provided either that at least ten years have elapsed since he or she first became a member or that he or she has at least ten years of
continuous service.
However, any person who has been a member while employed for any period of time as a part-time employee, whose membership terminates for any reason on
or after October 18, 1992 and who has less than five years of continuous service, may leave his or her accumulated contributions in the Retirement Fund and elect
to retire by notifying the Retirement System, as provided above, and qualifying for retirement under one of the aforesaid deferred retirement provisions provided at
least ten years must have elapsed since he or she first became a member.
The foregoing provisions shall not operate so as to increase or decrease the retirement allowance of any person retired prior to December 5, 1996.
(b)
Computation of service retirement allowances. Anyone retired on account of service pursuant to this Section shall receive a retirement allowance
calculated as provided in Section 4.1022 of this Chapter.
(c)
A member who is eligible to retire pursuant to the first paragraph of subsection (a) herein, may file for retirement less than thirty days in advance,
provided that the application shall not be effective earlier than the date on which it is filed, in either of the following situations:
(1)
Whenever a member has received a layoff notice; or
(2)
For a period of 90 days following the effective date of this Subsection. The right of members to file to retire as provided in this subsection (c)
paragraph (2) may be extended in successive periods of 90 days each by written notification from the Mayor to LACERS, so long as the Resolution of Fiscal
Emergency adopted by the City Council on May 18, 2009 (Council File No. 09-0600-S8) and currently in effect continues in effect, as amended or revised
from time to time, and the Mayor determines that the City's fiscal condition so warrants.
The provisions of this subsection shall not apply to anyone who is retiring under Section 4.1033, the Early Retirement Incentive Program.
SECTION HISTORY
Added by Ord. No. 144,470, Eff. 3-28-73;
Amended by: Ord. No. 148,239, Eff. 4-19-76; Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Subsec. (c) Added, Ord. No. 181,130, Eff. 3-29-10; Subsecs. (a) and (b), Ord. No.
182,196, Eff. 8-8-12.
Sec. 4.1020.1. Service Retirement; Modification of Provisions Governing Members 70 Years of Age or Older.
SECTION HISTORY
Added by Ord. No. 162,346, Eff. 6-6-87.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1021. Entitlement to Receive Beta Formula Service Credit.
Members of the Los Angeles City Employees' Retirement System shall be entitled to Beta Formula Service Credit for all City service.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: Ord. No. 148,778, Eff. 9-14-76, Ord. No. 169,049, Eff. 10-18-93; Subsecs. (a), (b), (c) and (d), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Title and Section In
Entirety, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1022. Beta Formula for the Calculation of Service Retirement Allowances.
(a)
Any person or member who retires pursuant to the provisions of Section 4.1020 and is entitled to Beta Formula Service shall receive a retirement
allowance calculated pursuant to the following Beta Formula: 2.16 percent (.0216) of his or her Final Compensation, calculated as of the date of retirement,
multiplied by the number of years and parts thereof of his or her Beta Formula Service Credit, subject to applicable adjustments as provided below. Each retirement
allowance as so calculated shall be allocated between the following two components: an annuity which shall be the actuarial equivalent of his or her accumulated
contributions at the time of retirement (excluding any additional contributions paid to provide a larger annuity at the time of retirement), calculated in accordance
with approved actuarial methods as of the date of retirement; and a pension, in the amount of the remaining balance, payable to the retiree on account of his or her
service.
The retirement allowance as so calculated shall be subject to the following adjustments, if applicable:
(1)
For early retirement, the adjustment provided in Section 4.1056.2 of this Chapter.
(2)
If he or she had been on disability retirement, the retiree's service retirement allowance shall be reduced by an amount equal to the annuity
which the total of the disability annuity payments made to him or her would have provided had they still been part of his or her accumulated contributions at
the time of retirement.
(3)
If he or she received any minimum distribution required by the Internal Revenue Code, the retiree's service retirement allowance shall be subject
to adjustment as provided in rules to be adopted by the Board of Administration.
(4)
He or she may be entitled to a minimum pension of 50% of the amount determined pursuant to the aforesaid Beta Formula. (The annuity
portion of the retirement allowance shall not be changed as a result of the testing required in this provision.) This testing uses the retiree's Beta Formula
entitlement and the pension and annuity entitlement amounts, as calculated above, provided that such shall be adjusted, if applicable, to: (i) exclude Beta
Formula Service Credit purchased under Sections 4.1052.1 and 4.1052.2 and the annuity calculation shall likewise exclude accumulated contributions
attributable to these purchases; and (ii) the annuity calculation, for members who made back contributions under either Section 4.1051(a)(2) or Section
4.1051(a)(3), shall exclude accumulated contributions in the person's account which are attributable to matching contributions paid by the City in the prior
plan. The purpose of this testing is to determine if, absent such purchases or matching City contributions, the pension would have required an increase to
provide a minimum pension of 50% of the amount of the retiree's Beta Formula entitlement. If such test determines that an adjustment is in order, the
pension portion of his or her retirement allowance shall be increased by the same amount as the increase that the test determined would be necessary to
provide a minimum pension of 50% and the total retirement allowance payable shall be increased accordingly (with the annuity portion remaining
unchanged).
(b)
Service retirement allowances granted pursuant to Subsection (a) of this section may never exceed a member’s “Final Compensation.”
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: Subsec. (a), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Subsec. (b) repealed, Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Subsec. (b) added, Ord. No. 175,767,
Eff. 2-9-04; Subsec. (a), Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1023. Computation of Allowances Based on Service Credit Under Section 4.1020 and Section 4.1022 of This Chapter.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: Para. (2), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1024. Service Credit for Accrued Vacation Time in Case of Death; Service Credit to Relate Back to the Date a Member Entered City Service.
(a)
Service Credit for Accrued Vacation Time in Case of Death. Whenever a member of the Los Angeles City Employees’ Retirement System shall
die while in City service, leaving a survivor who would be eligible to receive the benefits provided in Section 4.1062(a)(3) of this chapter if the deceased member
had been eligible, at the time of his or her death, to retire on a service pension if such member’s vacation time accrued immediately preceding the day of death
pursuant to Article 1, Chapter 6, Division 4 of the Los Angeles Administrative Code or any applicable memorandum of understanding would have been added to his
or her years of service, the accrued vacation time of the deceased member or any necessary portion thereof shall be added to such member’s total years of service. The benefit herein created shall be available at the option of the eligible survivor of the deceased member.
Accrued vacation time of a deceased former member may only be utilized for purposes of establishing eligibility to the survivorship benefits to which this
subsection refers and may not be used to create or affect other retirement rights provided in the City Charter or the Los Angeles Administrative Code.
(b)
Members Service Credit to Relate Back to the Date a Member Entered City Service. A member of the Los Angeles City Employees’ Retirement
System shall be entitled, at the time of death or retirement, to receive credit for his or her years of service from the dates such member entered employment by the
City of Los Angeles in a capacity that would entitle him or her to membership in the Los Angeles City Employees’ Retirement System.
SECTION HISTORY
Added by Ord. No. 156,392, Eff. 4-2-82.
Amended by: Subsecs. (a) and (b), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1029. Elimination of the Requirement That Members of the City Employees’ Retirement System Contribute an Amount Sufficient to Provide a
Specific Annuity.
SECTION HISTORY
Added by Ord. No. 153,827, Eff. 6-16-80.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1030. Rate of Contribution of the City Employees’ Retirement System to the Retirement Fund.
SECTION HISTORY
Added by Ord. No. 144,470, Eff. 3-28-73.
Amended by: Ord. No. 153,827, Eff. 6-16-80; Subsecs. (a) and (b), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1031. Rate of Contribution of Members of the Los Angeles City Employees’ Retirement System Entitled to the Beta Formula Provided in Subsection
(a) of Section 4.1022.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: Ord. No. 153,827, Eff. 6-16-80; Subsec. (a), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Subsec. (b) repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00;
Subsec. (b) added, Ord. No. 174,820, Eff. 9-25-02.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1031.1. Prior Defrayal of Certain Members' Contributions.
(a)
Prior to the adoption of Section 4.1033, the former terms of this Section allowed certain members to have their age-based contributions to the
Retirement System reduced by a defrayal in which the City or the member's employing department paid contributions sufficient to equal the amount by which the
employee contributions were reduced, subject to certain discounts.
(b)
The defrayal of contributions that was previously authorized under this Section required the City Council and the boards of commissioners of those
departments controlling their own funds to provide necessary funding therefor.
(c)
When a member's contributions have been reduced by defrayal under the former terms of this Section, the following conditions shall continue to apply:
(1)
Funds paid or otherwise made available to the Retirement Fund pursuant to the former provisions of this Section shall not be credited to the
members' individual accounts nor shall such funds be refundable to any member, former member or beneficiary of a former member; and such funds shall
not be included in the calculation of any annuity representing the actuarial equivalent of accumulated contributions wherever the provisions of this Code
require such calculation.
(2)
Amounts defrayed by the City and paid or otherwise made available to the Retirement Fund shall not be returned to any funds of the City from
which they were appropriated except to adjust for incorrect payments.
(3)
Defrayal of employee contributions by the City shall not apply to or affect the amount of a member's liability for back contributions, Family
Death Benefit Insurance Plan contributions, additional contributions towards a Larger Annuity, or redeposits of formerly withdrawn contributions, provided
however, that redeposits of a member's contributions, withdrawn during or after any period of City service for which the City of Los Angeles defrayed any
portion of the member's contributions, shall not include the amounts so defrayed. If a member's liability for back contributions involves any period in which
the member would have been obligated, under former Section 4.1030 or 4.1031, to make age-based contributions, the member's liability for back
contributions shall be computed based upon the applicable provisions of former Sections 4.1030 or 4.1031.
(4)
Any amounts of employees' contributions defrayed by the City shall not be includable in the determination of "Compensation Earnable" or
"Final Compensation".
(d)
Pursuant to the provisions of Section 4.1033(a)(9)(ii), the defrayal of contributions for members that was previously authorized in this Section
terminated on November 7, 2009, and all members whose contributions were previously being defrayed under this Section, beginning November 8, 2009, shall
contribute by salary deduction to the Retirement Fund at the appropriate rate as provided in Section 4.1031.2 of this Chapter.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: Subsec. (a), Subsec. (c) Paras. (1), (2) and (5), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Title and Section In Entirety, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1031.2. Contribution Rate for Members.
(a)
Beginning November 8, 2009, all members of the Los Angeles City Employees' Retirement System (Retirement System) shall contribute by salary
deduction to the Retirement Fund at the rate of 6% of the member's compensation earnable, of which 0.5% shall be the survivor contribution portion.
(b)
Pursuant to the provisions of Section 4.1033(a)(9) of this Code, commencing on July 1, 2011, and ending on June 30, 2026 or when the ERIP Cost
Obligation is fully paid, whichever comes first, in lieu of contributing as provided in Subsection (a) above, all members of the Retirement System shall contribute
by salary deduction to the Retirement Fund at the rate of 7% of the amount of the member's compensation earnable, of which 0.5% shall be the survivor contribution
portion.
(c)
In addition to the contributions required pursuant to Subsection (a) or (b) herein, as applicable, certain members shall make additional contributions to
the Retirement Fund as provided herein. In consideration for such additional contributions, these members shall receive the benefit set forth in Section 4.1103.4 of
this Code. The City Administrative Officer shall notify the Retirement System and the Controller of the specific Memoranda of Understanding (MOUs) which
require members to contribute as provided herein and shall also provide the Retirement System and Controller with the names of all members who are nonrepresented employees, including elected officials. Because the benefit conferred by Section 4.1103.4 of this Code is a vested benefit, a member who is employed
in a position requiring the payment of additional contributions to the Retirement Fund as provided in this Subsection shall continue to make additional contributions
to the Retirement Fund for so long as he or she is a member, notwithstanding that he or she may subsequently transfer to a position that does not require the
payment of the additional contributions.
1.
Members subject to specific MOUs shall contribute by salary deduction to the Retirement Fund an additional two percent (2%) of the member's
compensation earnable retroactive to April 24, 2011, and ongoing; further, such members shall contribute by salary deduction to the Retirement Fund an
additional two percent (2%) of the member's compensation earnable commencing on July 1, 2011, and ongoing, for a total additional contribution of four
percent (4%) effective July 1, 2011, and ongoing.
2.
Members subject to other specific MOUs shall contribute by salary deduction to the Retirement Fund an additional four percent (4%) of the
member's compensation earnable retroactive to July 1, 2011, and ongoing.
3.
Members who are subject to other specific MOUs and members who are non-represented employees, including elected officials, shall contribute
by salary deduction to the Retirement Fund an additional two percent (2%) of the member's compensation earnable retroactive to July 1, 2011, and ongoing;
further such members shall contribute by salary deduction to the Retirement Fund an additional two percent (2%) of the member's compensation earnable
commencing on January 1, 2013, and ongoing, for a total additional contribution of four percent (4%) effective January 1, 2013, and ongoing.
(d)
All contributions paid pursuant to this Section shall be deposited in each member's individual account as provided in Charter Section 1162. The City
shall pick up all employee contributions payable by salary deduction pursuant to this Section as provided in Sections 4.1500 through 4.1504 of this Code.
SECTION HISTORY
Added by Ord. No. 157,226, Eff. 12-10-82, Oper. 1-1-83.
Amended by: Subsec (a) First and Second Paras., Subsecs. (b) and (c), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; Title and Section in Entirety, Ord. No. 181,734, Eff. 6-8-11;
Subsec. (c), Ord. No. 181,892, Eff. 10-11-11.
Sec. 4.1031.3. Larger Annuity Program.
The Board of Administration shall, by rule, provide for the making of additional contributions to provide a larger annuity benefit at the time of retirement. A
member shall not be permitted to make such additional contributions, however, if doing so would cause his or her benefits to exceed the Internal Revenue Code
limitations referenced in Section 4.1061 of this Chapter. All larger annuity benefits funded by the making of additional contributions, as authorized in this Section,
shall be determined by the actuary to be cost-neutral.
Solely for the purpose of making additional contributions to provide a larger annuity benefit at the time of retirement, the Board of Administration may accept,
subject to any limitations imposed by federal law, a direct rollover distribution of funds from the City of Los Angeles 457 Deferred Compensation Plan after the
date of the member's retirement provided that: the member's application to purchase a larger annuity benefit is received prior to the effective date of the member's
retirement, the member prior to his or her retirement shall have provided the Deferred Compensation Plan with the written authorization that is required for funds to
be transferred to LACERS immediately after his or her retirement, the rollover is completed as soon as administratively feasible, and the larger annuity benefit is
not payable to the member until after the funds have been received. The Board of Administration shall have the authority to adopt all rules necessary to administer
the larger annuity program within the constraints established in this Subsection, including the authority to establish a deadline for the receipt of the rollover funds,
after which the member's application shall be deemed denied.
SECTION HISTORY
Added by Ord. No. 174,820, Eff. 9-25-02.
Amended by: In Entirety, Ord. No. 175,092, Eff. 2-20-03; Title and Section In Entirety, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1032. Crediting of Interest on Members’ Contributions in the Retirement Fund.
SECTION HISTORY
Added by Ord. No. 151,860, Eff. 2-23-79, Oper. 3-1-79.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1032.1. Monthly Crediting of Interest on Members’ Contributions in the Retirement Fund.
SECTION HISTORY
Added by Ord. No. 171,410, Eff. 12-23-96.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1033. Early Retirement Incentive Program.
(a)
Wherever "ERIP" is used in this chapter, it shall refer to the Early Retirement Incentive Program. Subject to the provisions and limitations set forth
herein, an active City employee who is a member of the Los Angeles City Employees' Retirement System (LACERS) may be retired from the service of the City
with the ERIP benefits set forth herein, provided that the LACERS member meets all of the requirements set forth herein to be eligible for retiring under the ERIP,
and provided that his or her completed ERIP Election Form is received in the City Administrative Officer (CAO)'s office within the 45-day ERIP window period
defined herein (ERIP Eligible Filers). Also subject to the provisions and limitations set forth herein, a City retiree who was an active LACERS member may
receive the ERIP benefits set forth herein, provided that he or she retired on or after June 26, 2009, but prior to the ERIP Beginning Date defined herein, and he or
she meets all of the requirements set forth herein to be eligible to receive the ERIP benefits as contemplated in the June 26, 2009, Council motion (Council File 091320) ("Grandfathered Participant", further defined below in Section 4.1033(a)(4)(i)). The 45-day ERIP window period shall begin on this ordinance's effective
date (ERIP Beginning Date) and end on the 45th day thereafter unless that 45th day falls on a weekend or a City holiday, in which case it shall end on the next day
that is not a weekend or a City holiday (ERIP Ending Date). The ERIP Ending Date shall be included in the ERIP window period, so that the CAO's office shall
continue to receive completed ERIP Election Forms until close of business on the ERIP Ending Date. The CAO's office shall establish the rules and procedures for
receiving a completed ERIP Election Form, including what constitutes a completed ERIP Election Form and what constitutes the date and time the form was
received by the CAO's office. In order for the ERIP to meet its goal of assisting with the City's financial situation while minimizing the impact on City services, the
following provisions and limitations shall apply to the ERIP:
(1)
Only LACERS members currently in an employed status with the City on the ERIP Beginning Date shall be eligible to submit an ERIP
Election Form. LACERS members in a terminated status shall not be eligible to submit an ERIP Election Form. Former City employees, including but not
limited to deferred vested former City employees, shall not be eligible to submit an ERIP Election Form. In addition, only persons belonging to at least one
of the five ERIP "Groups" listed below in Sections 4.1033(b)(1) - (5) as of the ERIP Beginning Date shall be eligible to submit an ERIP Election Form. A
person belonging to one of the ERIP Groups as of the ERIP Beginning Date may possibly change ERIP Groups prior to his or her effective date of
retirement. However, a person who does not belong to any ERIP Group as of the ERIP Beginning Date shall not be eligible to submit an ERIP Election
Form. Grandfathered Participants may be eligible to receive the ERIP benefits, but they need not submit an ERIP Election Form and their retirements are
not considered retirements under the ERIP.
(2)
A LACERS member eligible under Los Angeles Administrative Code Section 4.1052.2 (Government Service Buyback or GSB) to purchase
time due to service in another government agency shall be allowed to include the purchased time in the determination of ERIP eligibility. For the purchased
time to be included in the determination of ERIP eligibility, the LACERS member must follow the existing GSB purchasing policies, and the member must
have completed the GSB purchase by the end of the City pay period that includes the ERIP Beginning Date. For reciprocal service under Los Angeles
Administrative Code Section 4.1065 to be included in the determination of ERIP eligibility, the reciprocal time must be certified by the reciprocating system
and the certification must be received by LACERS prior to the ERIP Beginning Date. Once so established, the LACERS member shall be entitled to use
this reciprocal service in order to qualify for ERIP even if reciprocity is subsequently broken, such as by the member's inability to retire concurrently from
the reciprocating system. When a person elects to submit an ERIP Election Form and retire under the ERIP, the person shall assume all risks that result
from this election, including but not limited to the loss of the right to use his or her final compensation as determined by LACERS for purposes of
computing final compensation earnable with the reciprocal system in the event that he or she is not able to retire concurrently under both systems. Time
purchased under Los Angeles Administrative Code Section 4.1052.1 (Public Service Buyback or PSB) shall not be included in the determination of ERIP
eligibility.
(3)
Certain City employee classifications are excluded from the ERIP (Excluded Classifications). Certain other City employee classifications have
an ERIP limitation number, meaning that the total number of a classification's ERIP Eligible Filers actually retiring under the ERIP, plus the number of that
classification's Grandfathered Participants actually receiving the ERIP benefits, shall be limited in number (Limited Classification). The CAO shall make
known these Excluded Classifications, Limited Classifications, and the Limited Classifications' ERIP limitation numbers.
(i)
In the event that a Limited Classification's number of ERIP Eligible Filers and Grandfathered Participants exceeds the limitation number,
the earliest initial date of LACERS membership (Initial LACERS Membership Date) shall be used to determine which ERIP Eligible Filers shall be
allowed to retire under the ERIP and which Grandfathered Participants shall receive the ERIP benefits. The person with the earliest Initial LACERS
Membership Date shall receive priority. If there is a tie in the earliest Initial LACERS Membership Date between two or more persons of the same
Limited Classification, then the one with the longer time of employment in the Limited Classification at issue shall prevail. If there is also a tie in the
time of employment in the Limited Classification at issue, then the one whose completed ERIP Election Form was first received by the CAO's office
prevails. A Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be deemed to have received) a completed ERIP
Election Form when the retirement application resulting in his or her retirement was first filed with LACERS.
(ii)
If a Limited Classification's ERIP limitation number is reached, an ERIP waiting list shall be created for that Limited Classification. ERIP Eligible Filers on a Limited Classification's ERIP waiting list may be allowed to retire under the ERIP, and/or Grandfathered Participants on a
Limited Classification's ERIP waiting list may be allowed to receive the ERIP benefits, if and to the extent that ERIP Eligible Filers with earlier
Initial LACERS Membership Dates in the Limited Classification rescind their ERIP Election Forms, and/or the Limited Classification's ERIP
limitation rate is increased. A Limited Classification's ERIP waiting list shall be ordered pursuant to the same Initial LACERS Membership Date
priority and tiebreakers referenced above in Section 4.1033(a)(3)(i). A Grandfathered Participant shall be deemed to have submitted (and the CAO's
office shall be deemed to have received) a completed ERIP Election Form when the retirement application resulting in his or her retirement was first
filed with LACERS. After the 45-day ERIP window period has expired, the CAO's office shall notify any ERIP Eligible Filers on a Limited
Classification's waiting list who will not be allowed to retire under the ERIP. After the 45-day ERIP window period has expired, any LACERS
member may elect to retire pursuant to standard, non-ERIP LACERS procedures and provisions. After the 45-day ERIP window period has expired,
the CAO's office shall notify any Grandfathered Participants on a Limited Classification's waiting list who will not be allowed to receive the ERIP
benefits.
(4)
The ERIP shall have a limit of 2,400 persons, meaning that the total number of ERIP Eligible Filers actually retiring under the ERIP, plus the
number of Grandfathered Participants actually receiving the ERIP benefits, shall be limited to 2,400. In the event that the total number of ERIP Eligible
Filers and Grandfathered Participants exceeds 2,400, a first-come-first-served basis (ordered pursuant to the date and time the ERIP Election Form was
received by the CAO's office) shall be used to determine which ERIP Eligible Filers shall be allowed to retire under the ERIP and which Grandfathered
Participants shall be allowed to receive the ERIP benefits. A Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be
deemed to have received) a completed ERIP Election Form when the retirement application resulting in his or her retirement was first filed with LACERS. Also in the event that the total number of ERIP Eligible Filers and Grandfathered Participants exceeds 2,400, a general ERIP waiting list shall be created. ERIP Eligible Filers on the general ERIP waiting list may be allowed to retire under the ERIP if and to the extent that earlier ERIP Eligible Filers rescind
their ERIP Election Forms, and/or if City Council and the Office of the Mayor approve an increase of the 2,400 ERIP limit. (If there are any Grandfathered
Participants on the general ERIP waiting list, it means that the 2,400 ERIP limit was reached within the number of Grandfathered Participants alone. A
Grandfathered Participant on the general ERIP waiting list may be allowed to receive the ERIP benefits if and to the extent that City Council and the Office
of the Mayor approve an increase of the 2,400 ERIP limit.) This general ERIP waiting list shall be separate from the waiting lists for the various Limited
Classifications set forth above in Section 4.1033(a)(3)(ii). The CAO's office shall establish the rules and procedures for accepting ERIP Eligible Filers and
Grandfathered Participants from the general ERIP waiting list and/or a Limited Classification's waiting list, and how the waiting lists shall operate in
conjunction with each other. After the 45-day ERIP window period has expired, the CAO's office shall notify any ERIP Eligible Filers on a general ERIP
waiting list who will not be allowed to retire under the ERIP. After the 45-day ERIP window period has expired, any LACERS member may elect to retire
pursuant to standard, non-ERIP LACERS procedures and provisions. After the 45-day ERIP window period has expired, the CAO's office shall notify any
Grandfathered Participants on the general ERIP waiting list who will not be allowed to receive the ERIP benefits.
(i)
A "Grandfathered Participant" is an ERIP-eligible City retiree whose effective date of retirement is on or after June 26, 2009, but before
the ERIP Beginning Date. As contemplated in the June 26, 2009, Council motion (Council File 09-1320), a Grandfathered Participant determined to
be allowed to receive the ERIP benefits shall receive such applicable benefits. A Grandfathered Participant need not submit an ERIP Election Form
to the CAO's office within the 45-day ERIP window period. Rather, to the extent a Grandfathered Participant is determined to be allowed to receive
the ERIP benefits, the Grandfathered Participant shall automatically receive the applicable ERIP benefits for his or her ERIP "Group" (see Section
4.1033(b) below). The date to be used for the purpose of determining the proper ERIP Group for a Grandfathered Participant shall be his or her last
day on the City payroll. (A City retiree who retired on or after June 26, 2009, but before the ERIP Beginning Date, who did not belong to any ERIP
Group as of his or her last day on the City payroll is not a Grandfathered Participant and shall not be eligible to receive the ERIP benefits.) A
Grandfathered Participant shall receive priority over ERIP Eligible Filers with regards to being within the general 2,400 ERIP limit, in that a
Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be deemed to have received) a completed ERIP Election
Form when the retirement application resulting in his or her retirement was first filed with LACERS. A Grandfathered Participant receiving the
ERIP benefits shall count towards the 2,400 ERIP limit. However, a Grandfathered Participant in a Limited Classification shall not be guaranteed to
receive the ERIP benefits. A Grandfathered Participant who, as of his or her last day on the City payroll, was in a classification determined to be a
Limited Classification, shall not receive priority over ERIP Eligible Filers with regards to being within that Limited Classification's ERIP limitation
number. Rather, the ERIP Eligible Filers and the Grandfathered Participants to be allowed within that Limited Classification's ERIP limitation shall
be determined by the Initial LACERS Membership Date priority, tiebreakers, and waiting lists as set forth above in Section 4.1033(a)(3)(i) - (ii).
(5)
An ERIP Eligible Filer may rescind his or her ERIP Election Form by delivering, to the CAO's office, a completed ERIP Rescission Form (as
promulgated by the CAO's office) within seven (7) calendar days of delivery, to the ERIP Eligible Filer's address on file with LACERS, of notification that
his or her ERIP Election Form has been approved. The ERIP Election Form may not be rescinded after the seven (7) calendar days have passed.
(6)
To minimize the impact on City services, an ERIP Eligible Filer may not select his or her effective date of retirement under the ERIP. While
Management may take the person's preferences into account, Management shall determine the effective date of retirement for a person retiring under the
ERIP.
(i)
The portion of Los Angeles Administrative Code Section 4.1020(a) stating that a person's effective date of retirement shall be not less
than 30 nor more than 60 days from and after the filing of the person's LACERS retirement application shall not apply to persons retiring under the
ERIP.
(ii)
Management's decision as to a person's effective date of retirement under the ERIP shall be final and binding, regardless of whether the
ERIP Eligible Filer agrees with Management's decision. The ERIP Eligible Filer may be required to retire as soon as administratively possible, or
may be required to continue working for the City for an extended period of time. The CAO may promulgate rules that Management shall follow
regarding the effective dates of retirement for ERIP Eligible Filers.
(7)
During the 45-day ERIP window period, LACERS shall not accept a non-ERIP retirement application from a person eligible for the ERIP,
defined as a person who, as of the ERIP Beginning Date, belongs to at least one of the five ERIP Groups listed below in Sections 4.1033(b)(1) - (5). After
the 45-day ERIP window period has expired, any LACERS member may elect to retire pursuant to standard, non-ERIP LACERS procedures and
provisions.
(i)
All applications for non-ERIP LACERS retirements submitted by persons eligible for the ERIP, and still pending as of the beginning of
the 45-day ERIP window period, shall be held in abeyance for the duration of the 45-day ERIP window period. Such ERIP-eligible persons may
elect to submit an ERIP Election Form, or, alternatively, they may wait until after the 45-day ERIP window period has expired, at which point their
non-ERIP retirement applications shall continue to be processed. Such ERIP-eligible persons who elect to submit an ERIP Election Form shall not
receive priority with respect to being within the 2,400 person ERIP limit, and shall not receive priority with respect to being within a Limited
Classification's ERIP limitation number.
(8)
Accumulated Sick and Vacation Time is not payable to persons retiring under the ERIP, and such persons shall not be entitled to a payment of
Accumulated Sick and Vacation Time upon retirement. In addition to the ERIP benefits set forth below in Section 4.1033(b), which include the Separation
Payments in Sections 4.1033(b)(4)(i) and 4.1033(b)(6), persons retiring under the ERIP shall receive a severance payment in the amount of what would be
the person's Accumulated Sick and Vacation Time payment if the person were retiring pursuant to standard, non-ERIP retirement policies and procedures
(Severance Payment). This Severance Payment and the applicable Separation Payment as set forth below in Sections 4.1033(b)(4)(i) and 4.1033(b)(6) shall
be paid over two separate calendar years, with the City selecting the payment dates. This Severance Payment and the applicable Separation Payment as set
forth below in Sections 4.1033(b)(4)(i) and 4.1033(b)(6) shall constitute, and be administered as, a Bona Fide Separation Pay Plan under Internal Revenue
Code Section 457(e)(11) because (A) these payments are payable only to a person who has submitted an ERIP Election Form during the 45-day ERIP
window period and who actually has a severance from employment pursuant to the ERIP; (B) the amount payable does not exceed two times the person's
annual rate of pay (taking into account only pay that does not exceed the maximum amount that may be taken into account under a qualified plan pursuant to
Internal Revenue Code 401(a)(17) for the year in which the person has his or her severance from employment); and (C) the payments shall be completed by
the end of the second calendar year following the calendar year in which the employee separates from City service. Any tax liabilities arising from any
Severance Payments and/or Separation Payments shall be the sole responsibility of the person(s) receiving the payments.
(i)
A Grandfathered Participant's retirement is not considered a retirement under the ERIP, even if he or she receives the ERIP benefits. Therefore, the above provisions pertaining to Accumulated Sick and Vacation Time and the Severance Payment do not apply to Grandfathered
Participants who receive the ERIP benefits. Instead, a Grandfathered Participant who receives the ERIP benefits either has already received, or shall
receive, his or her Accumulated Sick and Vacation Time payment, if any, pursuant to standard, non-ERIP retirement policies and procedures. Payment of Accumulated Sick and Vacation Time to such a Grandfathered Participant is not a retirement benefit. A Grandfathered Participant who
receives the ERIP benefits shall not receive the Severance Payment, but shall receive the applicable Separation Payment as set forth below in
Sections 4.1033(b)(4)(i) and 4.1033(b)(6). The applicable Separation Payment shall be paid over two separate calendar years (with the City selecting
the payment dates), and shall constitute, and be administered as, a Bona Fide Separation Pay Plan under Internal Revenue Code Section 457(e)(11). Any tax liabilities arising from any Accumulated Sick and Vacation Time payments and/or Separation Payments shall be the sole responsibility of
the person(s) receiving the payments.
(ii)
The Severance Payment shall be paid by the City, and the cost of the Severance Payment shall remain a cost of the City. The
Separation Payment shall also be paid by the City. However, the cost of the Separation Payment shall be an obligation of the LACERS members,
and shall be recouped by the City through the provisions set forth below in Section 4.1033(a)(9)(i) - (iii).
(iii)
Neither the Severance Payment nor the Separation Payment shall be considered a retirement benefit.
(9)
The ERIP actuarial cost, as determined by the LACERS actuary, and the total cost of the Separation Payments shall, together, be known as the
"ERIP Cost Obligation". The ERIP Cost Obligation shall be an obligation of the LACERS members. The LACERS actuary has determined the preliminary
ERIP Cost Obligation to be $271 million, as presented in the actuarial report dated September 25, 2009, based on a projection of 2,229 ERIP Eligible Filers
actually retiring and Grandfathered Participants actually receiving the ERIP benefits.
(i)
LACERS members' payment of the ERIP Cost Obligation shall commence on July 1, 2011, and end on June 30, 2026, or when the ERIP
Cost Obligation is fully paid, whichever comes first. The payment shall consist of a 1% increase in the LACERS active employee retirement
contribution rate of 6% (of which 0.5% is the survivor contribution portion), so that the total LACERS active employee retirement contribution rate
shall be 7% for all LACERS members. After all ERIP Eligible Filers actually retiring under the ERIP have retired, the LACERS actuary shall recalculate the ERIP Cost Obligation based on the number of ERIP Eligible Filers actually retiring and Grandfathered Participants actually receiving
the ERIP benefits, using the same methodology used to determine the preliminary ERIP Cost Obligation. However, the City reserves the right to
increase the LACERS active employee contribution rate for new City hires, in accordance with all applicable laws and practices.
(ii)
The LACERS active employee retirement contribution rate for LACERS members hired prior to 1983 (Defrayal Group) shall be
adjusted to 6% (of which 0.5% is the survivor contribution portion) upon this ordinance's effective date. Commensurate with Section 4.1033(a)(9)(i)
above, employees in the Defrayal Group shall have their retirement contribution increased from 6% to 7% on July 1, 2011. All savings from the
elimination of defrayal shall be credited towards the payment of the ERIP Cost Obligation.
(iii)
Once the City has recouped the ERIP Cost Obligation, the LACERS active employee retirement contribution rate shall be adjusted to
6% (of which 0.5% is the survivor contribution portion) for all City employees who were LACERS members as of the ERIP Beginning Date
(including those in the Defrayal Group). However, the City reserves the right to increase the LACERS active employee retirement contribution rate
for new City hires, in accordance with all applicable laws and practices.
(10)
In order for the ERIP to meet its goal of assisting with the City's financial situation, the City intends to limit the backfilling of positions
vacated due to retirements under the ERIP. Therefore, to the extent allowed under the City Charter, the Los Angeles Administrative Code, and any other
applicable law: From July 1, 2009, to June 30, 2024, approval of both City Council and the Office of the Mayor shall be necessary prior to backfilling a
position vacated due to retirements under the ERIP. The total number of City positions vacated due to retirements under the ERIP shall not be backfilled by
more than 7% in the City fiscal year 2010, nor by more than 6% in each of the City fiscal years 2011 through 2024. These backfill rates may be exceeded
only if the cumulative prior years' actual backfill rate was less than the maximum cumulative rate allowed, pursuant to the Maximum Backfill Rates table
below. For example, if the City backfills only 5% in fiscal year 2010, then the City's allowed backfill rate in a future year may be increased.
MAXIMUM
BACKFILL RATES
FISCAL YEAR
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
BACKFILL
IN ONE
YEAR
7%
6%
6%
6%
6%
6%
6%
6%
6%
6%
CUMULATIVE
7%
13%
19%
25%
31%
37%
43%
49%
55%
61%
2020
2021
2022
2023
2024
6%
6%
6%
6%
6%
67%
73%
79%
85%
91%
(11)
The ERIP shall not affect the existing LACERS requirement that, in order for a LACERS member to leave a continuance to a spouse or
domestic partner, the marriage must have occurred, or the proper domestic partnership document(s) must have been filed with LACERS or with the State of
California, at least one year prior to the LACERS member's effective date of retirement.
(12)
Persons retiring under the ERIP shall be eligible to be employed by the City under the conditions set forth in City Charter Section 1164. However, persons retiring under the ERIP shall not be allowed to enter into a personal services contract with the City prior to July 1, 2011, unless the
personal services contract is approved by City Council and the Office of the Mayor.
(b)
Persons retiring pursuant to the ERIP shall receive benefits pursuant to the following terms. (For purposes of the ERIP, "Service" and "Service Credit"
shall have the same meanings as those terms are defined in Los Angeles Administrative Code Section 4.1001.)
(1)
"Group 1" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date,
would be eligible for an unreduced or standard retirement with less than 33 years of Service.
(i)
Each Group 1 member retiring under the ERIP shall receive 3 additional full-time years of Service and 3 additional full-time years of
Service Credit.
(2)
"Group 2" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date,
have a minimum of 33 years of Service but have not reached 55 years of age.
(i)
Each Group 2 member retiring under the ERIP shall receive the additional amount of age credit necessary to be eligible for an unreduced
or standard retirement. In addition, each Group 2 member retiring under the ERIP shall receive 3 additional full-time years of Service and 3
additional full-time years of Service Credit.
(3)
"Group 3" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date,
have less than 33 years of Service and who are within 5 years of the age credit and/or Service necessary to be eligible for an unreduced or standard
retirement. To be a member of Group 3, the amount of time that a LACERS member is lacking in age credit to be eligible for an unreduced or standard
retirement, plus the amount of time that the member is lacking in Service to be eligible for an unreduced or standard retirement, must, in sum, not exceed 5
full-time years.
(i)
Each Group 3 member retiring under the ERIP shall receive between a minimum of 3 full-time years and a maximum of 5 full-time
years of additional age credit and/or both Service and Service Credit in order to be eligible for an unreduced or standard retirement. Between 3 fulltime years and 5 full-time years, fractional years shall be calculated and prorated in determining the amount of additional age credit and/or both
Service and Service Credit to be received.
(ii)
Each Group 3 member retiring and receiving credit under the ERIP shall be provided with a written breakdown of the amount of age
credit, and both Service and Service Credit.
(4)
"Group 4" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date,
have a minimum of 33 years of Service and have reached a minimum of 55 years of age.
(i)
Each Group 4 member retiring under the ERIP shall receive a Separation Payment of $1,000.00 for each year of Service. The Separation
Payment for a fractional year shall be prorated. This Separation Payment shall not be considered a retirement benefit. This Separation Payment shall
be paid by the City, which shall recoup the cost of the Separation Payment from the LACERS members as set forth above in Sections 4.1033(a)(9)(i)
- (iii).
(ii)
Any time purchased under Los Angeles Administrative Code Section 4.1052.2 (GSB) shall not be included in the calculation of the
Separation Payment for Group 4 members. Any reciprocal time under Los Angeles Administrative Code Section 4.1065 shall not be included in the
calculation of the Separation Payment for Group 4 members. Any time purchased under Los Angeles Administrative Code Section 4.1052.1 (PSB)
shall not be included in the calculation of the Separation Payment for Group 4 members.
(5)
"Group 5" LACERS members: This group consists of all full-time and part-time LACERS members whose first day of City employment
was on or before December 31, 1982; whose retirement contribution rate is less than 6%; and who, as of the ERIP Beginning Date, are not within 5 years of
the age and/or Service necessary to be eligible for an unreduced or standard retirement.
(i)
Each Group 5 member retiring under the ERIP shall receive 5 additional full-time years of Service and 5 additional full-time years of
Service Credit towards an early or reduced retirement.
(ii)
The ERIP does not affect the retirement benefit reduction factors that apply to early or reduced retirements.
(6)
Members of Groups 1, 2, 3, and 5 retiring under the ERIP shall each receive a Separation Payment of $15,000.00. This Separation Payment
shall not be considered a retirement benefit. This Separation Payment shall be paid by the City, which shall recoup the cost of the Separation Payment from
the LACERS members as set forth above in Sections 4.1033(a)(9)(i) - (iii).
(c)
The following provisions and limitations shall apply to the ERIP benefits set forth above in Section 4.1033(b):
(1)
Any additional age credit provided under the ERIP shall be applied towards the 55-year minimum age requirement for LACERS retiree health
subsidies. Any applicable additional Service and/or Service Credit provided under the ERIP shall count toward the retiree health subsidy formula. ERIP
Group 5 members are not guaranteed eligibility for any LACERS retiree health subsidies.
(2)
A person retiring under the ERIP whose applicable ERIP Group changes between the ERIP Beginning Date and the person's effective date of
retirement shall select the Group to which the person wishes to belong (that is, either the person's applicable Group as of the ERIP Beginning Date, or the
person's applicable Group as of his or her effective date of retirement).
(3)
A person retiring under the ERIP who belongs to a certain ERIP Group due to the purchase of GSB time may attempt to change his or her
Group by requesting a refund of the GSB time purchased, provided that the request for refund is consistent with existing GSB program policies. To change
Groups in this manner, the request for refund must be approved by LACERS prior to the person's effective date of retirement.
(4)
A person's ERIP service retirement allowance may never exceed his or her Final Compensation as defined in Los Angeles Administrative Code
Section 4.1010. This provision is intended to comport with Los Angeles Administrative Code Section 4.1022(b).
(5)
A person eligible under the GSB program to purchase time due to service in another government agency shall be allowed to apply the
purchased time towards additional Service Credit under an ERIP retirement. For the purchased GSB time to be applied towards additional Service Credit,
the person must follow the existing GSB purchasing policies, and must have completed the GSB purchase prior to his or her effective date of retirement. This section is not meant to supersede or otherwise affect Section 4.1033(b)(4)(ii) above, which provides that any time purchased under the GSB program
shall not be included in the calculation of the Separation Payment for Group 4 members.
(6)
The ERIP does not extend any deadlines for purchasing Service Credit under any Service Credit purchase programs, including GSB, PSB, Back
Contributions, and Re-deposits. All such purchases must be paid off prior to the LACERS member's effective date of retirement.
(7)
If person is approved by the CAO's office for retirement under the ERIP, but the person dies prior to his or her effective date of retirement, the
person's eligible spouse, as defined in Los Angeles Administrative Code Section 4.1044(a), or qualified domestic partner, as defined in Los Angeles
Administrative Code Section 4.1044.4, if any, shall be entitled to survivorship benefits as if the person retired under the ERIP with a 100% continuance to
his or her survivor.
(8)
Any benefit payable pursuant to the ERIP is subject to the requirements and limitations applicable to benefits payable from a qualified
governmental pension plan under Internal Revenue Code (Code) Sections 401(a) and 414(d), and the regulations and guidance issued under those Code
Sections. Therefore, any ERIP benefits may be adjusted, as necessary, to maintain the tax qualified status of LACERS.
(9)
To work toward the ERIP being cost-neutral to the City, an "ERIP 1% Reduction" shall apply to all ERIP Eligible Filers actually retiring under
the ERIP and all Grandfathered Participants actually receiving the ERIP benefits (with the exception of ERIP Group 4 members, as noted below). The ERIP
1% Reduction means that, for each ERIP Eligible Filer actually retiring under the ERIP and each Grandfathered Participant actually receiving the ERIP
benefits, his or her entire retirement allowance, including the ERIP benefits, shall be reduced by 1%. The formula for calculating such a person's actual
retirement allowance shall be: The person's full retirement allowance, including ERIP benefits (that is, the person's full retirement allowance, including the
ERIP benefits, before the ERIP 1% Reduction) multiplied by 0.99. For example, for Groups 1, 2, and 3, the person's actual retirement allowance shall be:
[Final Compensation x Service Credit x Retirement Factor of 0.0216] x 0.99
For Group 5, the person's actual retirement allowance shall be:
[Final Compensation x Service Credit x Retirement Factor of 0.0216] x [Reduction Factor] x 0.99. The Reduction Factor is the standard LACERS Early
Retirement Reduction Factor.
The ERIP 1% Reduction shall not apply to members of ERIP Group 4.
(d)
the ERIP.
Unless otherwise specified, the provisions in the City Charter and the Los Angeles Administrative Code pertaining to LACERS shall not be affected by
(e)
It is the intent of the City and the LACERS Unions that the ERIP be envisioned as cost-neutral to the City. The increase in the employee retirement
contribution rate and the elimination of defrayal (Sections 4.1033(a)(9)(i) - (ii) above), along with the ERIP 1% Reduction (Section 4.1033(c)(9) above), are
mechanisms designed for working toward cost-neutrality.
(f)
If the government of the United States or a final court of competent jurisdiction determines that one or more provisions of this chapter pertaining to the
ERIP are unlawful or invalid, the remaining provisions shall remain in full force and effect.
SECTION HISTORY
Added by Ord. No. 180,926, Eff. 11-2-09.
Sec. 4.1040. Cost of Living Adjustment.
(a)
The provisions of this section shall not be applicable to any benefit payable pursuant to the provisions of Section 4.1063 or 4.1062(a)(2) of this
chapter. The provisions of this section, however, shall be applicable to each other benefit payable in monthly installments pursuant to any other provisions of this
chapter, but the application thereof to any such benefit shall not reduce the amount to be paid on or subsequent to July 1st of any year to an amount less than that
payable immediately prior to July 1st of said year.
(b)
The Board of Administration, not later than the 1st day of May of each year, shall determine with respect to the Federal Bureau of Labor Statistics
Consumer Price Index for the Los Angeles area (“the C.P.I.”) the percentage of increase or decrease, if any, in the C.P.I. for the whole of the first next preceding
calendar year from the C.P.I. for the whole of the second next preceding calendar year and shall round any such percentage increase or decrease to the nearest onetenth (1/10) of one percent (1%).
(c)
The Board, whenever it shall have determined that there had been an increase or decrease in the C.P.I., shall increase or decrease the amount of each
such benefit as hereunder provided, subject, however, to the limitations contained in Subsection (a) of this section:
(1)
Effective the 1st day of July of each year, beginning with the year 1974, the Board of Administration, with respect to each eligible benefit
which became payable prior to the applicable 1st day of July, shall increase or decrease the amount thereof payable immediately prior to the applicable 1st
day of July by one twelfth (1/12) of the percentage of increase or decrease in the C.P.I. as determined by it pursuant to Subsection (b) of this section, for
each whole month that such benefit was payable during the year commencing the 1st day of July next preceding the applicable 1st day of July and ending
the 30th day of June next preceding the applicable 1st day of July, providing that any increase or decrease in the amount of any such benefit shall not
exceed one-twelfth (1/12) of three percent (3%) thereof for each whole month that it was payable during the year.
(2)
If the percentage of increase or decrease in the C.P.I. in any calendar year, as determined by the Board of Administration, were to exceed three
percent (3%), as compared with the C.P.I. in the preceding year, the percentage of increase or decrease in the C.P.I. in excess of three percent (3%) shall be
accumulated and carried over and added to or subtracted from the percentage of increase or decrease in the C.P.I. in the next succeeding calendar year, and
such procedure shall be complied with from year to year, except that for those years prior to 1974 in which the cost of living adjustment was capped at 2%,
the percentage of increase or decrease of the C.P.I. which was in excess of two percent (2%), rather than three percent (3%), shall be accumulated and
carried over as provided herein. The foregoing provisions of this paragraph are to be complied with as to any person whose benefit was continued upon the
death of a retired member if the benefit of such person and the benefit of such member, together, were paid for the whole year commencing the 1st day of
July next preceding the applicable 1st day of July, and ending the 30th day of June next preceding the applicable 1st day of July, but said provisions are not
to be complied with as to any person whose benefit was not paid for said whole year.
(d)
The amount of any benefit which shall be continued to any survivor upon the death of a retired member subsequent to July 1, 1967, shall be in the
same ratio to the amount of the benefit which such member shall have been receiving as of the date of his or her death as the amount of the benefit which originally
would have been continued to such survivor shall bear to the amount of the benefit which originally was payable to such member.
(e)
If it were to be impossible or impracticable for the Board to cause all necessary calculations to be made in time for it to include any increases or
decreases in the amounts of benefits, as hereinabove provided, in the demands drawn in payment of such benefits for the month of July in any year, then the board
shall have the power and authority, when such calculations shall have been made, to increase or decrease the amounts of the demands drawn in payment of such
benefits for any month subsequent to the month of July so as to include any increases or decreases in such benefits which shall have accumulated from and after the
1st day of July.
SECTION HISTORY
Added by Ord. No. 144,470, Eff. 3-28-73.
Amended by: Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00.
Sec. 4.1040.1. Discretionary Cost of Living Adjustments.
(a)
There is hereby created and established a policy whereby the City Council shall periodically review the matter of the cost of living adjustments for
certain beneficiaries who receive retirement benefits from the Los Angeles City Employees’ Retirement System. The review shall be made to ascertain the impact
of increases in the Consumer Price Index upon retirement benefits and the adequacy of the annual cost of living adjustments provided in Section 4.1040 of the Los
Angeles Administrative Code.
Should the City Council find and determine that annual cost of living adjustments are inadequate in light of the movement of the Consumer Price Index, the
City Council may grant additional but discretionary cost of living adjustments as hereinafter provided.
(b)
The first of the reviews provided in Subsection (a) hereof shall be made during the fiscal year 1981 – 1982 and annually thereafter until the City
Council has provided a first discretionary adjustment pursuant to this section. Thereafter, the City Council shall make periodic reviews in intervals not to exceed
three (3) years from the date of the completion of the last review or from the effective date of the last discretionary cost of living adjustments whichever shall be the
later.
(c)
Should it be the finding of the City Council that discretionary cost of living adjustments would be in order, any such adjustments would be subject to
the following limitations:
(1)
The first discretionary adjustment may be granted at any time. Thereafter, discretionary adjustments may not be provided more frequently than
once every three (3) years, counting from the date the last discretionary adjustments became effective.
(2)
Discretionary adjustments shall not exceed one-half (1/2) of the difference between the percentage of the annual increases in the cost of living,
as determined pursuant to the provisions of Section 1040(b) herein, for each of the preceding three (3) years and the annual adjustments made pursuant to
Section 4.1040(c) of the Los Angeles Administrative Code. Discretionary adjustments shall be allocated to each of the three (3) years for which an
adjustment is made. Should discretionary cost of living adjustments be granted during the fiscal year 1981 – 1982, the applicable annual increase in the
Consumer Price Index shall be the one upon which the Board of Administration of the Los Angeles City Employees’ Retirement System has based those
annual cost of living adjustments which became effective July 1,1981.
(3)
Any discretionary cost of living adjustments provided pursuant to the provisions of this section shall be subject to the following further
limitation: If a benefit became payable on or after July 1 immediately preceding the effective date of such adjustments, it shall not be so adjusted; and any
benefit which shall become payable at a time within a three (3) year period between discretionary cost of living adjustments (but prior to the immediately
preceding July 1), shall be prorated according to the annual increase on a monthly basis to the number of completed months for which the benefit was
received.
(4)
Discretionary cost of living adjustments may be granted only by ordinances adopted in accordance with the provisions of Section 1168 of the
City Charter.
(5)
All adjustments provided in this subsection are to be applied prospectively only and shall not be understood to permit retroactive adjustments
of benefits.
(d)
Discretionary cost of living adjustments shall only be applied to monthly benefits not otherwise excluded from cost of living adjustments under the
provisions of Section 4.1040 of this chapter.
(e)
It shall be the duty of the Director of the Office of Administrative and Research Services to prepare appropriate reports and recommendations to enable
the City Council to make findings as to the adequacy of the annual cost of living adjustments.
SECTION HISTORY
Added by Ord. No. 155,158, Eff. 5-31-81.
Amended by: Subsec. (a), Subsec. (c) Paras. (2) and (4), Subsecs. (d) and (e), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1040.2. Cost of Living Adjustments – Limitations.
SECTION HISTORY
Added by Ord. No. 158,965, Eff. 6-30-84.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1040.3. Ad Hoc Cost of Living Adjustment For Retirees Who Retired Prior to June 30, 1984.
(a)
All persons who retired prior to June 30, 1984 or their eligible spouses who are receiving a monthly retirement benefit subject to a cost of living bank
shall have added to their retirement benefit beginning February 1, 2002, an amount equal to the excess of their cost of living bank above 25.3%. The purpose of this
ad hoc adjustment is to reduce all cost of living banks to no more than 25.3%.
(b)
The provisions of this section shall not be applicable to benefits payable pursuant to Sections 4.1062(a)(2) and 4.1063 as those benefits are not subject
to a cost of living bank.
The provisions of this section, however shall be applicable to each other benefit payable in monthly installments subject to a cost of living bank pursuant to
any other provisions of this chapter.
SECTION HISTORY
Added by Ord. No. 174,419, Eff. 2-5-02, Oper. 2-1-02.
Sec. 4.1041. Definitions.
For the purposes of Sections 4.1044 through 4.1048 inclusive, the following phrases shall have the meaning ascribed to them in this section.
“Retirement Allowance” or “Allowance” shall mean an allowance granted under this chapter, except for those allowances granted pursuant to
Sections 4.1062(a)(2) and 4.1063 of this chapter, together with all subsequent adjustments thereto as of the day preceding the operative date of this section.
“Cost of Living Amount” shall mean that portion of a retirement allowance, as the day preceding the operative date of this section, resulting from
adjustments made pursuant to Section 4.1040 of this Code.
“Base Amount” shall mean that portion of a retirement allowance resulting if cost of living amount is deducted therefrom.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Amended by: Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1042. Modification of Certain Service and Survivorship Retirement Benefits.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1043. Modification of Certain Disability, Retirement Allowances.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Repealed by Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1044. Continuance to Surviving Spouse
(a)
For purposes of this section, the following words and phrases are defined as follows:
“Eligible Member” shall mean present members of the System and all persons who enter or re-enter membership subsequent to the operative date of
this section, provided that no credit shall be allowed under the provisions of this section for service rendered prior to July 1, 1965 unless said member shall
both
(1)
elect in writing and file with the Board of Administration an application to participate in the benefit established in this section and
(2)
pay survivor contributions in an amount equal to all the contributions which he or she would have made had he or she elected said
benefit on July 1, 1965, together with all regular interest which, had he or she so made the same, would have been credited thereon prior to the date
of such payment. The mode of paying such back contributions in a lump sum or on an installment basis shall be as decided by the Board of
Administration and set forth in their rules.
“Eligible Spouse” shall mean the surviving spouse of a retired eligible member to whom such member is married at time of retirement and has been so
married for at least one-year prior thereto.
“Unmodified Allowance” shall mean the total monthly retirement allowance payable to the member as of the date of retirement, calculated in
accordance with the provisions of sections 4.1020 of this chapter, in the case of service retirement, and 4.1055 of this chapter, in the case of disability
retirement.
“Joint and Survivor Cash Refund Annuity” shall mean an annuity which shall be the actuarial equivalent of the eligible member’s total accumulated
contributions providing for equal monthly payments during the lifetime of such member and the eligible spouse with payment of any unused contributions,
as defined in Section 4.1062(b) of this chapter, upon the death of the last survivor as provided in that section, calculated in accordance with approved
actuarial methods as of the date of retirement.
(b)
Every eligible member shall contribute by salary deduction at the rate of contribution established elsewhere in this chapter on account of the benefit
provided by this section. Said contributions shall be known and designated as “Survivor Contributions” and are in addition to the member’s “Normal
Contributions” as elsewhere established in this chapter, except as otherwise provided in Section 4.1031.2 of this chapter.
(c)
Upon the retirement of an eligible member having an eligible spouse, other than one selecting one of the options available under Section 4.1053 of this
chapter, the annuity portion of such member’s retirement allowance shall be calculated as a joint and survivor cash refund annuity and the amount of pension
payable during such member’s lifetime shall be the excess of the member’s unmodified retirement allowance over such joint and survivor cash refund annuity.
Upon the death of such eligible member survived by such eligible spouse, there shall be continued to such spouse a retirement allowance which shall consist of
(1)
the joint and survivor cash refund annuity paid during the member’s lifetime and
(2)
a pension amount payable during the lifetime of such spouse which shall be the excess of one-half of the unmodified allowance over said joint
and survivor cash refund annuity.
(d)
Upon the retirement of an eligible member having no eligible spouse at time of retirement, the annuity portion of such member’s retirement allowance
shall be calculated on the basis of his or her normal accumulated contributions as opposed to the sum of the Normal Contributions and the Survivor Contributions
taken pursuant to the provisions of this section. The excess of such member’s total accumulated contributions over the normal accumulated contributions at time of
retirement shall be paid to such member, or at his or her option, considered as additional contributions made to provide a larger annuity benefit.
(e)
A retired former member of the System who retired prior to July 1, 1965, pursuant to the provisions of former Charter Sections 508 or 510, and who
has an eligible spouse as defined herein, may elect, in writing to provide for a continuance of his or her retirement allowance to said surviving spouse, which
election shall be filed with the Board of Administration. In the event such retired former member, eligible to make the election herein provided, should die
subsequent to the effective date of this section, but prior to having made such election, his or her surviving eligible spouse shall have the right to so elect in his or
her stead and shall thereafter receive the continuance to spouse benefit as hereinafter provided.
Upon the death of a retired member who elected to provide for a continuance to his or her surviving spouse, as provided in the preceding paragraph, there shall
be continued to such spouse an allowance which shall consist of:
(1)
An annuity equal to the amount of the annuity which was payable to the retired member during his or her lifetime by virtue of his or her
Normal Contributions; and
(2)
A pension amount payable during the lifetime of such spouse which shall be the difference between one-half (1/2) of the member's base amount
excluding from said base amount any portion payable by virtue of additional contributions paid towards a larger annuity, and the amount of said annuity.
(3)
A cost of living equal to one-half (1/2) the cost of living amount payable to the deceased member at the time of his or her death, after
excluding therefrom any portion of said cost of living amount payable by virtue of additional contributions paid towards a larger annuity.
(f)
Any former member who terminated prior to July 1, 1965 and who elected the benefit of a “vested right” pension but has not made application for
such pension, may make the election described in Subsection (e) above at the time such former member files his or her application for service retirement if at such
time he or she has an eligible spouse as defined in this section. Upon the death of such retired member who elected to provide for a continuance to his or her
surviving spouse as provided herein, there shall be continued to such eligible spouse an allowance which shall be based upon the components set forth in
Paragraphs (1), (2) and (3) of Subsection (e) of this section.
(g)
Upon the death of both the retired member and his or her eligible spouse where an election has been made pursuant to either Subsection (e) or (f) of
this section, any unused contributions and accrued retirement allowance shall be paid as provided in Section 4.1062(b) of this chapter.
(h)
Upon the death of an eligible member before retirement leaving a spouse who is eligible for and elects to take the survivor allowance provided under
the provisions of Subsection 4.1062(a)(3) of this chapter, the annuity portion of the allowance to be paid under that subsection shall be calculated on the basis of the
member’s normal accumulated contributions as opposed to the sum of the Normal Contributions and the Survivor Contributions taken pursuant to the provisions of
this section. The excess of the deceased member’s total accumulated contributions over the normal accumulated contributions at the time of death shall be paid to
the surviving spouse, or at the option of such spouse, considered as additional contributions made to provide a larger annuity benefit.
SECTION HISTORY
Added by Ord. No. 154,804, Eff. 5-10-74
Amended by: In Entirety, Ord. No. 154,363, Eff. 10-17-80; Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Subsec. (h) added, Ord. No. 175,767, Eff. 2-9-04; Subsec. (e), Ord. No.
182,196, Eff. 8-8-12.
Sec. 4.1044.3. Surviving Spouse’s Election to Receive the Continuance to Surviving Spouse Benefit Where Member Failed to make the Election.
The surviving spouse of a deceased retired former member of the Los Angeles City Employees’ Retirement System is hereby given the right to make an
election to participate in the Continuance to Surviving Spouse benefit provided in Section 4.1044 of this chapter if such deceased retired former member did not
during his or her lifetime make the election to participate in said benefit; provided, however, that such surviving spouse must qualify as an “Eligible Spouse” as
said term is defined in Section 4.1044(a) of this chapter.
The surviving spouse’s election shall be in writing on such forms as the Board of Administration may prescribe and must be accompanied by the amount of
“Survivor Contributions”, as said term is defined in Section 4.1044(d) of this chapter, which the deceased retired former member would have contributed by
salary deduction during the entire period of membership in the Los Angeles City Employees’ Retirement System during or for which he or she would have been
eligible to participate in the benefit provided in Section 4.1044(b) of this chapter.
The benefit herein provided shall entitle a surviving spouse eligible to make an election to receive an allowance calculated as of the time immediately
following the deceased retired former member’s death, but such allowance shall become payable only as of the first day of the month following the exercise of the
election and receipt by the Los Angeles City Employees’ Retirement System of the required survivor contributions. There is to be no retroactive entitlement to
benefits under the provisions of this section.
SECTION HISTORY
Added by Ord. No. 157,472, Eff. 3-27-83.
Amended by: Paras. (1), (2) and (3), Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1044.4 Survivorship Benefits Available to Domestic Partners.
(a)
A domestic partner of a member whose domestic partnership has been established as provided in Subsection (b) herein shall be entitled to the following
benefits, subject to any limits imposed by federal law:
(1)
the benefits available to an eligible spouse under Section 4.1044 of this chapter, provided that at the time of the member's retirement their
Declaration of Domestic Partnership has been on file with the Board for at least one year and further provided that the domestic partner is either the domestic
partner or spouse of the member at the time of the member's death. A domestic partner who qualifies for benefits under this provision is entitled to the same
rights that are made available to an eligible spouse under Section 4.1053 of this Chapter.
(2)
the benefits available to an Eligible Survivor under Section 4.1054 of this Chapter.
(3)
the benefits available to a surviving spouse under Section 4.1062(a)(2) of this Chapter.
(4)
election.
the benefits available to a surviving spouse under Section 4.1062(a)(3) of this Chapter, provided that the person otherwise qualifies to make this
(5)
the benefits available to a widow or widower under Section 4.1063 of this Chapter, provided that where a remarriage renders a widow or
widower ineligible for benefits, a marriage shall likewise render a domestic partner ineligible for benefits.
(6)
the same rights given to a spouse to complete redeposits or purchases of service if the member dies before retirement.
An Affidavit of Domestic Partnership filed prior to July 1, 2000 with the Board shall be treated for all purposes of this Section as being the same as a
Declaration of Domestic Partnership filed pursuant to Paragraph (b) herein.
Where a Declaration of Domestic Partnership is required to be on file with the Board for at least one year, the Board may establish an earlier filing date than
the actual date of filing with the plan upon sufficient proof that the parties have an earlier established domestic partnership with the Personnel Department.
Should a member die prior to filing a Declaration of Domestic Partnership with the Board, but: 1) have a current domestic partner based upon an earlier
established domestic partnership with the Personnel Department, and 2) have a beneficiary designation on file with the Board that designates that domestic partner
as the beneficiary entitled to receive all of the member's contributions, then such domestic partner shall be entitled to receive the same benefits that he or she would
have received had their domestic partnership been filed with the Board, as provided in Subsection (b) herein, on the date that the parties established their domestic
partnership with the Personnel Department.
(b)
Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. A
domestic partnership shall be established for purposes of this section when both partners file a Declaration of Domestic Partnership with the Board of
Administration of the Los Angeles City Employees’ Retirement System, provided all the following requirements are met:
(1)
Both persons have a common residence as defined in Family Code Section 297.
(2)
Both persons agree to be jointly responsible for each other’s basic living expenses incurred during the domestic partnership.
(3)
Neither person is married or a member of another domestic partnership.
(4)
The two persons are not related by blood in a way that would prevent them from being married to each other in this State.
(5)
Both persons are at least 18 years of age.
(c)
(6)
Both persons may be of the same sex or the opposite sex.
(7)
Both persons are capable of consenting to the domestic partnership.
Once a domestic partnership is established as provided above, this domestic partnership shall be terminated when any of the following occurs:
(1)
One partner gives, or sends by certified mail, to the other partner a written notice that he or she is terminating the partnership.
(2)
One of the domestic partners dies.
(3)
One of the domestic partners marries.
(4)
The domestic partners no longer have a common residence.
This provision applies to all domestic partnerships, whether created by a Declaration of Domestic Partnership or by an Affidavit of Domestic Partnership.
(d)
Upon termination of a domestic partnership, at least one of the former partners shall file a Notice of Termination of Domestic Partnership with the
Board, provided that failure to file such notice shall not prevent the termination of the domestic partnership. This provision shall apply both to partnerships
established on or after July 1, 2000 by the filing of a Declaration of Domestic Partnership and to partnerships established prior to July 1, 2000 by the filing of an
Affidavit of Domestic Partnership.
(e)
No member who has established a domestic partnership, by filing either an Affidavit of Domestic Partnership or a Declaration of Domestic Partnership
with the Board, may file a new Declaration of Domestic Partnership until at least six months after the date that a Notice of Termination of Domestic Partnership was
filed with the Board as provided herein. This prohibition does not apply if the previous domestic partnership ended because one of the partners died or married.
(f)
Effective January 1, 2005, to the extent required by state law, domestic partners registered with the State of California or two persons of the same sex
whose legal union, other than a marriage, has been validly formed in another jurisdiction and is substantially equivalent to a state registered domestic partnership
shall be treated the same as spouses for purposes of all provisions of the Los Angeles City Employees' Retirement System set forth in the Charter and the Los
Angeles Administrative Code, except as otherwise required by federal law. For purposes of the provisions of Chapter 10 herein, any reference to the date of a
marriage shall be deemed to refer to the date of registration of a domestic partnership with the State or the date of a legal union in another jurisdiction, as
applicable.
SECTION HISTORY
Added by Ord. No. 171,305, Eff. 10-2-96.
Amended by: Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Subsecs. (a) and (b)(1) amended and Subsec. (f) added, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1044.5. Continuance to Designated Beneficiary.
A member who does not have either an eligible spouse, as defined in Section 4.1044(a), or a domestic partner who qualifies for the benefits available to an
eligible spouse under Section 4.1044.4(a)(1), may make an irrevocable election at the time of retirement, in writing, to provide for a continuance of his or her
retirement allowance to one designated beneficiary. The member shall take an actuarial reduction of his or her retirement allowance to pay for the continuance to a
designated beneficiary. The member shall specify any whole percentage not to exceed 100% as the portion of the retirement allowance to be paid as an allowance
to the beneficiary, subject to any limits imposed by federal law. The allowance payable to the beneficiary shall commence the day following the member's date of
death and shall terminate upon the death of the beneficiary.
The beneficiary’s continuance shall be subject to all cost-of-living and discretionary increases.
A beneficiary under this section shall not be entitled to any disability retirement allowance, any basic death benefit, any special death benefit, any monthly
allowance for survivors of a member or retired person, any insurance benefit or subsidy, or retired member lump-sum death benefit.
The Board of Administration of the Los Angeles City Employees’ Retirement System shall adopt rules to administer this continuance and shall formulate the
benefits in such a way that no additional actuarial liability is incurred either by the System or by the City.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: First and Forth Paras., Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00; First Para., Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1045. Application to Change Optional Retirement Allowance.
(a)
Any retired former member of the Los Angeles City Employees’ Retirement System who retired prior to July 1, 1965, and who selected one of the
optional allowances provided in Section 4.1053 of this chapter, upon written application filed with the Board of Administrators shall be entitled to receive the
allowance he or she would have been eligible to receive under the provisions of Sections 4.1020 or 4.1055 herein, had he or she not made such election pursuant to
Section 4.1053. Any adjustment made pursuant to this section shall be effected by modifying the pension portion of the allowance.
Any retired former member whose service terminated prior to July 1, 1965 and who retired prior to May 4, 1975 pursuant to former Charter Section 508 B and
who elected an optional allowance pursuant to former Charter Section 509 shall, upon the filing of an election with the Board of Administration, be granted the
benefits hereinabove described. Such election must be made in writing to the Board of Administration within ninety days of the effective date of this subsection as
amended.
Any such retired former member making application as provided in this subsection who has an eligible spouse as defined in Section 4.1044(a) shall be deemed
thereby to have exercised the election provided in Section 4.1044(e) of this Code.
(b)
Any surviving spouse receiving a continuance of a retired member’s allowance as provided in Section 4.1053, may elect to receive in lieu of such
allowance, the continuance to spouse benefits provided by Section 4.1044 hereof.
(c)
Any election or written application made pursuant to this section shall be irrevocable and not subject to the provisions of Waiver of Benefits as
provided in Section 4.1015 herein.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Amended by: Subsec. (a) by Ord. No. 148,239, Eff. 4-19-76; Subsec. (a) First, Second and Third Paras., Subsecs. (b) and (c), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1046. Cost of Living Increases.
For the benefits increased pursuant to an application to change an optional allowance as provided in Section 4.1045 hereof, the ratio between the base amount
and the cost of living amount shall be maintained by increasing the cost of living proportionately.
All adjustments to the cost of living amount made by this section and Section 4.1044(e) shall be subject to future adjustments as provided in Section 4.1040
hereof.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Amended by: First and Third Paras., Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1047. Rule-Making Powers of the Board of Administration.
Except as otherwise expressly provided, wherever the provisions of this chapter call for an “election”, “application” or “option” or other act to be performed
by any person receiving or entitled to receive benefits pursuant to this chapter, it shall be within the power of the Board of Administration of the Los Angeles City
Employees’ Retirement System to establish all necessary rules with respect to the time, manner and operative date of such act.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1048. Operative Date of Sections 4.1042 Through 4.1047.*
Notwithstanding the effective date of the provisions of Sections 4.1041 through 4.1047 of this chapter, and with the exceptions described in Paragraph (e) of
Section 4.1044 of this chapter, the operative date or dates for the implementation of the provisions of said Sections 4.1041 through 4.1047 of this chapter shall be
established by the Board of Administration of the Los Angeles City Employees’ Retirement System.
SECTION HISTORY
Added by Ord. No. 145,804, Eff. 5-10-74.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
*Operative dates established for the following sections by the Board of Administration, City Employees’ Retirement System, per Resolution No.178, 5-14-74:
Sec. 4.1042
6-1-74
Sec. 4.1043
6-1-74
Sec. 4.1044
5-14-74
Sec. 4.1045
7-1-74.
Sec. 4.1050. Construction of the Provisions of this Chapter.
The term “Operative date” as used in this chapter shall mean the “effective date”, unless a different date is specified by any ordinance adopted pursuant to
the provisions of Section 1168 of the Charter.
SECTION HISTORY
Added by Ord. No. 144,470, Eff. 3-28-73.
Amended by: First and Second Paras., Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1051. Back Contributions for Past Periods of City Service and Redeposit of Formerly Withdrawn Accumulated Contributions.
(a)
(1)
Every person who is a member and who was a City employee during any period or periods in which he or she was regularly employed, on a
full-time basis or on a part-time basis, but was not a member, and thus not contributing to the Retirement Fund, shall have the option to designate all or any
portion of such employment for which he or she may receive retirement credit, provided, however, that the member is not receiving and is not entitled to
receive for that period of City employment any benefit from any other pension or retirement system including, but not limited to, the Fire and Police
Pension Plan, the Water and Power Employees' Retirement Plan, the Limited Term Retirement Plan, the Pension Savings Plan for Part-time, Seasonal and
Temporary Employees, and any union plan. Such option shall be exercised in writing, filed with the Board of Administration, designating the period of City
employment for which the member desires to receive retirement credit, and must be accompanied by a single payment of back contributions or by an
agreement to pay such back contributions in installments.
The back contributions to be paid shall be in an amount equal to all of the contributions which he or she would have made to the Fund had he or she
been a member during such period, together with all regular interest which, had he or she so made the same, would have been credited thereon prior to the
date of such payment; provided, however, that in the case of such installment payment thereof, the same shall be made pursuant to the rules which shall be
adopted by the Board of Administration establishing minimum amounts to be paid and the period of time within which they must be paid and, furthermore,
providing the rate of interest which shall be paid upon the unpaid balance of the same. Every member who makes up back contributions, as hereinabove
provided, shall be allowed credit for the period of City employment designated in the declaration filed by him or her with the Board of Administration, the
same as though he or she had been a member during such period. Any such member shall be allowed at any time to make a single payment equal to the
then present value of all of the unpaid installments in such manner as shall be determined by the Board. Should the member fail to make all of the payments
required of him or her under the provisions of this Section, he or she shall be allowed retirement credit, counter-calendarwise, for the same portion of such
designated period as the amount made up by him or her is of such full amount, and provided further, that should he or she cease to be a member by reason of
his or her death, retirement credit shall be allowed for the whole period designated by him or her if his or her surviving spouse exercises the option which,
under such circumstances, hereby is given to any surviving spouse to make a single payment equal to the then present value of all of the unpaid installments
in such manner as may be determined by the Board. The written option hereinabove referred to shall be filed with the Board of Administration.
For purposes of determining whether a member is not receiving and is not entitled to receive for a prior period of City employment any benefit from a
non-City pension or retirement system, such as a union plan, the Board shall adopt rules regarding the proof that a member must provide to establish a right
to make back contributions for such prior period of City employment since, for a non-City system, such information is not directly available to the
Retirement System.
(2)
Notwithstanding the provisions of Section 4.1051(a)(1), every person who is a member on the effective date of this subsection or who shall
become a member subsequent thereto may receive retirement credit for any period or periods in which he or she was a participant in the Pension Savings
Plan for Part-time, Seasonal and Temporary Employees provided for in Chapter 16. Such option shall be exercised in writing, filed with and subject to rules
promulgated by the Board of Administration as provided for in Subsection (1) above. The amount of back contributions to be paid shall be the total of the
following:
(i)
an amount equal to all of the contributions which he or she would have made to the Fund had he or she been a member during such
period together with all regular interest which would have been credited thereon by the Board of Administration prior to the date of such payment;
and
(ii)
the full amount of all contributions made to the Pension Savings Plan by the City on behalf of the member during such period or
periods, plus all interest credited to those contributions by the Pension Savings Plan.
(3)
Notwithstanding the provisions of Sections 4.1051(a)(1) and 4.1850(g), every person who is a member on the effective date of this subsection or
who shall thereafter become a member may receive service credit for any period or periods in which he or she was a participant in the Limited Term
Retirement Plan by making back contributions, which shall be paid in one of the following manners:
(i)
all of the Participant’s interest in his or her individual account with the Limited Term Retirement Plan, based upon contributions made
both by the Participant and by the City and any gains or losses thereon, shall be transferred from the Limited Term Retirement Fund to the LACERS
Retirement Fund for credit to the member’s LACERS account and, upon receipt, shall constitute full payment for the buy back, or
(ii)
where the member’s entire account balance in his or her former individual account with the Limited Term Retirement Plan, based upon
contributions made both by the participant and by the City and any gains or losses thereon, is directly rolled-over from the Limited Term Retirement
Plan to another eligible retirement plan prior to January 1, 2003, provided thse funds have been segregated and not co-mingled with any other funds,
the trustee-to-trustee transfer of the total balance from that eligible retirement plan to the LACERS Retirement Fund for credit to the member’s
LACERS account shall constitute full payment for the buy back, or (iii)
in all other cases in which the member’s Limited Term Retirement Plan account balance has been distributed, the amount of back
contributions to be paid shall be in the amount of the entire lump sum distribution, whether received by the member or by any other person, together
with all regular interest which would have been credited thereon by the Board of Administration subsequent to the date the lump sum was distributed
had he or she been a member during that period. This option shall be exercised in writing, filed with and subject to rules to be promulgated by the Board of Administration. The service credit
purchased pursuant to this subsection shall count as continuous service credit for all LACERS benefits, the same as if the person had been a member during
the entire period of time for which service credit is given.
(4)
The Board of Administration shall, by rule, provide for the making up of contributions that a member failed to make for any period during
which the member received Workers' Compensation benefits (Div. IV, Labor Code) for temporary disability on account of any injury or illness arising out of
and in the course of the member's employment with the City, together with an amount equal to the regular interest that would have been credited had the
member made the contribution.
(5)
Notwithstanding the provisions of Paragraphs (1), (2), and (3), a member shall not be allowed to make back contributions to purchase
retirement credit under this Subsection if the period of time being purchased constitutes "unqualified service" which the member is prohibited from
purchasing under federal law. The Board shall adopt such rules as are necessary to comply with federal law and may authorize payment methods that
comport with federal requirements.
(b)
Any person who has heretofore or member who may hereafter become separated from the service of the City and who did receive or shall hereafter
receive his or her accumulated contributions and who either heretofore re-entered City service and as a result of such re-entry again became a member or should
hereafter re-enter City service and as a result of such re-entry again become a member, shall have the option to re-deposit with the Los Angeles City Employees’
Retirement Fund the amount previously withdrawn together with regular interest, irrespective of any time period that may have elapsed since such separation. Such
option shall be filed in writing with the Board of Administration. The amount of the contributions to be re-deposited shall be the sum of the amount of accumulated
contributions withdrawn plus all of the regular interest which would have been credited thereon had said accumulated contributions remained on deposit in the fund
to the date the member re-deposits such contributions either by a single lump sum payment or executes an agreement to pay such re-deposit in installments. In the
case of installment payments, the Board of Administration shall establish the minimum amounts to be paid, the period of time therefor, the rate of interest which
shall be paid on the unpaid balance of the same and all other rules the Board may deem necessary for the carrying out of the provisions of this section. Any such
member shall be allowed, at any time, to make a single payment equal to the then present value of all of the unpaid installments in such manner as shall be
determined by the Board. Every member who makes a re-deposit as hereinabove provided shall be allowed retirement credit for the period of service for which the
re-deposit is made, provided however, that the member is not receiving and is not entitled to receive retirement credit for such period of service from any other
pension or retirement system of the City of Los Angeles. Should the member fail to complete payment of the re-deposit, credit shall be allowed countercalendarwise from the same portion of such designated period as the amount made up by the member is of such full amount, and provided further, that should he or
she cease to be a member by reason of his or her death, retirement credit shall be allowed for the whole period for which the re-deposit is being made if his or her
surviving spouse exercises the option which, under such circumstances, hereby is given to any surviving spouse to make a single payment equal to the then present
value of all of the unpaid installments in such manner as shall be determined by the Board.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 6-4-75.
Amended by: Subsecs. (a) and (b), Ord. No. 148,289, Eff. 4-19-76; Ord. No. 150,436, Eff. 2-9-78; In entirety, Ord. No. 151,861, Eff. 2-24-79; Title and Section, Ord. No. 154,363,
Eff. 10-17-80; Subsec. (a) renumbered as Subsec. (a)(1), Subsec. (a)(2) added, Ord. No. 172,808, Eff. 9-20-99; Subsecs. (a)(1) and (b), Ord. No. 173,237, Eff. 6-19-00, Oper.
7-1-00; Subsecs. (a)(1) and (b) amended, Subsec. (a)(3) added, Ord. No. 174,820, Eff. 9-25-02; Second to Last Sentence of Subsec. (a)(1), Ord. No. 177,214, Eff. 1-4-06;
Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1051.1. Rights of Former Members.
(a)
A former member shall be paid his or her accumulated contributions upon written demand made to the Board of Administration. Contributions,
however, shall not be refunded to a former member who is employed in any capacity by the City unless such a refund is permitted under federal law. After a
former member's contributions have been refunded, he or she shall have no right to any benefits provided by the Retirement System.
(b)
A former member may permit his or her accumulated contributions to remain in the fund. A former member whose contributions remain on deposit
and who qualifies for deferred service retirement may apply to retire as provided in Section 4.1020 of this Chapter. If such former member fails to file a written
retirement application prior to attaining age 70 1/2, the Retirement System, pursuant to rules to be adopted by the Board of Administration, shall make such
mandatory minimum distributions as are required by the Internal Revenue Code.
If a former member does not have sufficient years of continuous service so as to be entitled to a deferred service retirement and fails to request a refund of
contributions pursuant to Subsection (a) above within ten years from the date his or her membership terminated or from the date he or she was last employed by the
City, whichever occurs later, the former member's accumulated contributions shall be forfeited to the Retirement Fund, provided that he or she: (1) shall be
relieved from such forfeiture upon returning to membership in the System, at which time said funds shall be returned to his or her individual account pursuant to
rules to be adopted by the Board of Administration, or (2) shall be relieved from such forfeiture upon the making of a valid claim therefore determined at the sole
discretion of the Board of Administration. If any such former member attains age 70 1/2 with contributions still on deposit in his or her account, the Retirement
System, pursuant to rules to be adopted by the Board of Administration, shall make such mandatory minimum distributions as are required by the Internal Revenue
Code.
If mandatory minimum distributions cannot be paid to a former member for any reason, such as the person's failure to cooperate or where the person's
whereabouts is unknown and the Retirement System has followed Internal Revenue Service procedures to locate him or her, then such funds shall be forfeited to the
Retirement Fund, provided that he or she shall be relieved from such forfeiture upon the making of a valid claim therefor, determined at the sole discretion of the
Board of Administration.
In the event that a former member whose contributions or other benefits have been forfeited pursuant to this subsection is deceased, any person or entity who
would be entitled to the payment of the former member's funds upon his or her death may make a claim for relief from forfeiture on the deceased's behalf.
(c)
For purposes of this Section: former member shall include both a City employee who ceases to be a member upon separating from City service and a
City employee who continues to be employed by the City, but ceases to be a member of the Retirement System; former member shall not include a retired member
who is receiving any retirement allowance provided in this Chapter.
SECTION HISTORY
Added by Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00.
Amended by: Title and Section In Entirety, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1052. Past Service Credit Toward Entitlements Under Family Death Benefit Insurance Plan.
(a)
Every person who is a member of the Retirement System on the effective date of this section, or who shall thereafter enter or re-enter membership
therein, shall be entitled to receive Death Benefit Plan Service for purposes of entitlement to benefits as provided in Section 4.1063 of this chapter for those periods
subsequent to July 1, 1965 for which he or she is entitled to retirement service credit, or for which he or she is making back contributions or re-deposits as
authorized for such retirement service credit, but for which he or she is not, as of the effective date of this section, entitled to Death Benefit Plan Service by
complying with the following conditions:
(1)
He or she shall file with the Board of Administration a written election to receive all such Death Benefit Plan Service as he or she shall be
entitled to, not to exceed 120 months, and
(2)
He or she shall make back contributions together with regular interest thereon in a lump sum or in installments by payroll deductions in such
manner as the Board of Administration may determine, and provided that no such credits may be given for any periods of City service rendered prior to July
1, 1965.
(b)
Should the member die prior to having complied with the conditions set forth in Paragraph (a) hereof, the surviving widow, widower or guardian of the
member’s minor child or children is hereby given the option to make a single payment equal to the then present value of all amounts due under the deceased
member’s election, in such manner as may be determined by the Board and thereby become entitled to the benefits in Section 4.1063 herein.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-75.
Amended by: Subsecs. (a) & (b) by Ord. No. 148,239, Eff. 4-19-76; Title and Section, Ord. No. 154,363, Eff. 10-17-80; Subsec. (a) First Para. and Subsec. (b), Ord. No. 173, 237,
Eff. 6-19-00, Oper. 7-1-00; Subsec. (a)(2), Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1052.1. Buy Back of Periods of Uncompensated Leave from City Service.
(a)
Definitions. For the purpose of this Section, the following words and phrases shall have the meaning ascribed to them in this Subsection unless a
different meaning is clearly indicated by the context:
"Leave of Absence" shall mean an approved uncompensated leave of absence from City service, excluding any period of absence due to disciplinary
suspension.
"Buy Back" shall mean purchase by a member of retirement credit for periods of eligible leaves of absence from City service.
"Government Service Buy Back Program" shall mean the method for the buy back of retirement credit set forth in Section 4.1052.2.
(b)
Eligibility. Every person who is a member on the effective date of this section or who shall become a member subsequent thereto shall be eligible to
buy back credit for periods of uncompensated leave of absence from City service.
(c)
Application of Buy Back Credit. A member electing to buy back periods of leave of absence from City service may apply buy back credit to increase
service retirement benefit credit. Buy back credit shall not be used to meet minimum qualification for service retirement, disability retirement or vested retirement
or to qualify for the Family Death Benefit Insurance Plan; or to qualify for or increase health and dental insurance premium subsidies.
(d)
Effect of Benefit Increases. Effective with respect to members on the active payroll on or after the effective date of this section, if retirement benefits
should be increased by City Council action pursuant to Section 1168 of the City Charter, such increased benefits shall be applicable to service credits purchased
pursuant to this section.
(e)
Minimum Periods of Purchase. A member electing to buy back credit for periods of uncompensated leave of absence shall file with the Board of
Administration a written application identifying the time periods for which credit is to be purchased. A member may buy back credit for one or more periods of
uncompensated leave, except, however, a minimum of six months of leave in the aggregate shall be purchased. Total buy back credit purchased shall not exceed
the member's actual City service at the time the buy back is concluded.
(f)
Agreement with the City Employees’ Retirement System - Buy Back Methods. A member electing to buy back credit described herein shall enter
into a written agreement with the Los Angeles City Employees’ Retirement System. Such agreement shall provide that the member contribute an amount equal to
the present value of the liability incurred by the System in crediting the service based upon actuarial assumptions in effect at the time the agreement is entered into
or amended and the projected retirement date contained in the agreement. Such agreement shall identify the method of payment of the additional contributions
required to fund the purchased credit, which may be a specific dollar payment or percent of salary obligation. If a member elects to make the required contribution
by a specific dollar payment, the payment may be made in a lump sum or in biweekly installments through payroll deduction over a period not to exceed five
years. If the member elects to enter into a percent of salary obligation, the member shall agree to make the contributions as a percent of salary through payroll
deduction over a period extending from the date of the agreement with the Los Angeles City Employees’ Retirement System to a projected retirement date included
in the agreement.
(g)
Termination or Completion of Agreement. A member who has entered into a buy back agreement shall complete all contributions prior to the
effective date of retirement in order to receive agreed upon buy back credit. If all contributions have not been completed and the member elects to retire, the
member may receive prorated buy back credit for that portion of the service which has been purchased by contributions already made and forfeit the remainder of
credit covered by the agreement or may make a lump sum payment sufficient to complete the total payment covered by the agreement. In the event the member
elects to retire at a later date than the age specified in the agreement after completing all payments, no adjustments shall be made in the buy back credit or the cost
of such credit. A member, who elects to terminate an after-tax agreement prior to its completion or at the time of retirement, shall forfeit buy back credit and may
elect to receive a cash refund of the buy back contributions and interest payable upon the earlier of death, termination of employment or retirement.
(h)
Plan Member’s Death. In the event of the death of a member who has entered into a buy back agreement, the surviving eligible beneficiary of the
member may elect a refund of the buy back contributions and interest thereon, or elect to apply the credit or a portion thereof to the calculation of the benefits for
which the survivor qualifies without the addition of buy back service credit or elect to complete the terms of the agreement with a lump sum payment of the
remaining amount owed.
(i)
Administration. The administration of this section shall be under the exclusive management and control of the Board of Administration. Said Board
shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the
provisions of this ordinance. The Board of Administration shall have the right to construe this section, to interpret any provision thereof, to make rules and
regulations relating to this section, and to determine any factual questions arising in connection with this section’s operation after such investigation or hearing as
the Board may deem appropriate. Any decision made by the Board under the provisions of this section shall be conclusive and binding on all parties concerned.
(j)
Subsection (j) is hereby repealed.
SECTION HISTORY
Added by Ord. No. 164,362, Eff. 3-2-89.
Amended by: In Entirety, Ord. No. 171,487, Eff. 1-24-97; Subsecs. (d), (e) and (f), Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00; Title and Subsecs. (a), (b), (c), (e), (f) and (g),
Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1052.2. Government Service Buy Back Program.
(a)
Definitions. For the purpose of this section, the following words and phrases shall have the meaning ascribed to them in this subsection unless a
different meaning is clearly indicated by the context:
“Buy Back” shall mean purchase by a member of retirement credit for periods of eligible service with other governmental entities or purchase by a
member of retirement credit for uncompensated maternity leave.
“Effective Date” shall mean the effective date of the ordinance adopting this section.
“Full-time Service” shall mean a minimum of six months of uninterrupted service with an eligible governmental entity, excluding part-time service.
“Governmental Entity” shall mean the United States Government including its territories, any agency of the United States Government, the United
States Postal Service and any branch of the United States military service; any State or political subdivision thereof; any local government or special district
within any State in the United States; and shall exclude non-governmental agencies supported by government contracts or grants and any prior service with
the City of Los Angeles.
“Prior Plan” shall mean a retirement plan of a governmental entity in which the member was a participant during full-time service.
Uncompensated Maternity Leave shall mean a leave of absence from City Service taken for maternity reasons without pay, provided that such leave
shall be a minimum of one month and a maximum of twelve months with respect to any one pregnancy.
(b)
Eligibility. Every person who is a member on the effective date of this section or who shall become a member subsequent thereto shall be eligible to
buy back credit for periods of full-time service with other governmental entities and to buy back credit for periods of Uncompensated Maternity Leave. Notwithstanding the foregoing:
(1)
Members may not buy back credit for periods of service for which they are currently eligible or will become eligible to receive a retirement
benefit from a Prior Plan. For purposes of the previous sentence, a member shall be treated as eligible for such benefit from a Prior Plan even if the member
will not receive such benefit solely due to the member’s withdrawal of member contributions and interest from the Prior Plan, unless such withdrawal
occurred prior to the later of the member’s date of hire by the City or December 20, 1996 or unless the member deposits the amount of such withdrawal as
the buy back purchase price, in accordance with Subsection (e)(2) hereof, within 90 days of such withdrawal. In addition, a member shall be treated as
eligible for such benefit from a prior plan if the member received at any time a distribution from the prior plan in excess of member contributions and
interest with respect to such period of service. The Board may extend the 90 day period if required for compliance with Section 415 of the Internal Revenue
Code. In the event that prior to the attainment of the minimum age and service for a service retirement under LACERS, the member becomes eligible to
receive currently or in the future a retirement benefit from the prior plan with respect to such period of service, the corresponding buy back credit shall be
canceled and the member shall receive a refund of the payments made under Subsection (e) with respect to such buy back credit, with interest, payable upon
the earlier of death, termination of employment, or retirement from City Service.
(2)
Members are not allowed to buy back credit for periods of service from a governmental entity which provides reciprocal benefits with LACERS
and for which that member would be entitled to those reciprocal benefits. For purposes of the previous sentence, a member shall be treated as entitled to
reciprocal benefits even if the member will not receive such benefits solely due to the member’s withdrawal of member contributions and interest from the
Prior Plan, unless such withdrawal occurred prior to the later of the member’s date of hire by the City or December 20, 1996.
(3)
Only a member performing “City Service” as defined in Section 4.1001 shall be eligible to execute a buy back agreement.
(4)
For purposes of this section, the date of a withdrawal shall be deemed to be the date of receipt of the proceeds of the withdrawal by the member
or other designated recipient.
(5)
Uncompensated Maternity Leave. Only a member who was on an active employment status immediately before and after taking a leave of
absence for maternity reasons without pay shall be eligible to buy back credit for such leave of absence.
(c)
Application of Buy Back Credit. The service credit purchased under this section shall be treated the same as service credit under LACERS except
that it shall not be taken into account for establishing the minimum five year service requirement for service retirement, disability retirement or vested retirement.
(d)
Minimum Periods of Purchase. A member electing to buy back credit for previous service with other governmental entities or for periods of
Uncompensated Maternity Leave, shall file with the Board of Administration a written application identifying the time periods and agencies for which credit is to
be purchased, and shall submit proof acceptable to the Board of Administration establishing the fact of such other service with another governmental entity or such
uncompensated maternity leave. Buy back credit for one or more periods of full-time service with another governmental entity prior to entrance or re-entrance into
the Los Angeles City Employees’ Retirement System may be purchased, except, however, such purchase shall be limited to not less than six months of
uninterrupted service from a single entity. The six month minimum requirement does not apply to the Uncompensated Maternity Leave.
(e)
Agreement with the Los Angeles City Employees’ Retirement System - Buy Back Methods. A member electing to buy back credit described
herein shall enter into a written agreement with the Los Angeles City Employees’ Retirement System. Such agreement shall specify the amount to be paid for the
purchase of this service credit.
(1)
The amount to be paid pursuant to the buy back agreement shall equal (A) the member’s contribution rate after any City defrayal, (B) times the
member’s annual salary rate at the time the agreement is entered into, and (C) times the number of full and partial years of service to be purchased. Partial
years of service shall be rounded down to the full month. Such agreement shall identify the method of payment of the additional contributions required to
fund the purchased credit, which will be a specific dollar payment.
(2)
Notwithstanding Paragraph (1), if the member had made employee contributions and left his or her contributions on deposit with the
government entity for which full-time service is being purchased until after the later of the member's date of hire by the City or December 20, 1996, the buy
back purchase price will be the amount of the member contributions and interest on deposit in the member's account with that government entity. For the
purpose of purchasing service credit, the Los Angeles City Employees’ Retirement System may either receive (A) eligible rollover distributions, as defined
in Section 401(a)(31) of the Internal Revenue Code, (B) rollover contributions, as defined in Section 408(d)(3) of the Internal Revenue Code or (C) direct
cash contributions, the timing of which shall be governed by Subsection (b)(1) herein. The Board of Administration shall prescribe such rules and forms as
are necessary to determine when proposed contributions hereunder qualify as rollover contributions.
(f)
Method of Purchase.
(1)
The member may elect to pay on an after-tax basis in a lump sum or in biweekly installments through payroll deduction, subject to any
applicable Internal Revenue Code restrictions.
(2)
The member may elect to pay via rollovers of pre-tax and/or after-tax funds pursuant to Section 401(a)(31) or Section 408(d)(3) of the Internal
Revenue Code.
(3)
Should the member elect to purchase the buy back service credit through payroll deduction, annual interest at a rate determined by the Board
and set at the commencement of the agreement shall be charged. The minimum biweekly payroll deduction shall be $25.00.
(g)
Execution of the Agreement. A member entering into a buy back agreement shall complete all contributions prior to the effective date of retirement
in order to receive agreed upon buy back credit. In the event the member elects to retire prior to completion of the buy back agreement, the member may receive
prorated buy back credit for that portion of the service with other governmental entities or uncompensated maternity leave which have been purchased by
contributions already made and forfeit the remainder of credit covered by the agreement; or, the member may make a lump sum payment sufficient to complete the
total payment covered by the agreement. Additionally, a member who elects to terminate an after-tax agreement prior to its completion, or at the time of retirement,
may elect to receive a cash refund of the buy back contributions and interest payable upon the earlier of death, termination of employment or retirement or prorated
buy back credit.
(h)
Plan Member’s Death. In the event of the death of a member who has entered into a buy back agreement, the surviving eligible beneficiary of the
member may elect a refund of the buy back contributions and interest thereon, elect to apply the credit or a portion thereof to the calculation of the benefits for
which the survivor qualifies without the addition of buy back service credit or elect to complete the terms of the agreement with a lump sum payment of the
remaining amount owed.
(i)
Benefit Adjustment. The annuity attributable to contributions made pursuant to this Section, as well as the service purchased with such contributions,
shall not be utilized in the calculation to determine whether a retirement allowance is to be increased to provide a minimum pension of 50% pursuant to the
provisions of Section 4.1022(a)(4).
(j)
Administration. The administration of this section shall be under the exclusive management and control of the Board of Administration. Said Board
shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the
provisions of this ordinance. The Board of Administration shall have the right to construe this section, to interpret any provision thereof, to make rules and
regulations relating to this section, and to determine any factual questions arising in connection with this section’s operation after such investigation or hearing as
the Board may deem appropriate. Any decision made by the Board under the provisions of this section shall be conclusive and binding on all parties concerned.
(k)
El Pueblo Employees. Notwithstanding the above, persons who were employed by El Pueblo de Los Angeles State Historic Monument between May
17, 1977 and June 30, 1995 and who became members of LACERS on July 1, 1995, may purchase service credit for their employment with the El Pueblo between
May 17, 1977 and June 30, 1995. The service credit purchased under this section for employment at El Pueblo shall be treated as same as service credit under
LACERS including vesting, disability retirement and minimum qualification for service retirement.
SECTION HISTORY
Added by Ord. No. 171,487, Eff. 1-24-97.
Amended by: Subsecs. (a), (b), (b)(5), (d), (g) and (k), Ord. No. 172,808, Eff. 9-20-99; Subsecs. (b)(1), (2) and (3), (c), (d), (e), (i), and (k), Ord. No. 173, 237, Eff. 6-19-00, Oper.
7-1-00; Subsec. (b)(1), Ord. No. 175,767, Eff. 2-9-04; Title and Subsecs. (a), (b), (e), (f) and (i), Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1053. Optional Retirement Allowance.
(a)
At any time before the first payment of a retirement allowance on account of any voluntary, compulsory or disability retirement, the person or member
to be retired, or retired, as the case may be, may elect to receive in lieu of his retirement allowance as provided in Sections 4.1020, 4.1002.1(g) or 4.1055 of this
chapter the actuarial equivalent at that time of such retirement allowance, in accordance with any of the following:
(1)
An optional retirement allowance payable throughout the balance of his or her life, with the provision that upon his or her death such optional
retirement allowance shall be continued through the life of and paid to the member’s surviving spouse; or to his or her minor children, in the event there be
no surviving spouse; or to his or her dependent parents, in the event there be no surviving spouse or minor children; provided that, in the case of a minor
child, the same shall terminate with the monthly payment next preceding the date on which said child attains the age of eighteen (18) years; or
(2)
An optional allowance payable throughout the balance of his or her life, with the provision that upon his or her death one-half (1/2) of such
optional retirement allowance shall be continued through the life of and paid: to the member’s surviving spouse; or to his or her minor children, in the event
there be no surviving spouse; or to his or her dependent parents, in the event there be no surviving spouse or minor children; provided that, in the case of a
minor child, the same shall terminate with the monthly payment next preceding the date on which said child attains the age of eighteen (18) years; or
(3)
Any other optional retirement allowance which the member may elect to receive and which shall be authorized by the Board of Administration;
provided, however, that should any provision be made therein for the payment of any benefit after the death of the member, such benefit shall be payable to
only those persons mentioned in (1) and (2) hereof and shall terminate, in the case of a minor child, with the monthly payment next preceding the date on
which said child attains the age of eighteen (18) years.
(b)
The amount of any optional retirement allowance granted pursuant to this section shall be so calculated that the liability of the system at the date of
retirement under the optional retirement allowance shall be equal to the liability of the system at the same date under the retirement allowance provided in Sections
4.1020, 4.1002.1(g) or 4.1055 of this chapter, including in each case the liability for continuance to surviving spouse provided in Section 4.1044 of this chapter. For
the purpose of this section, the liability of the system is defined as the present value, in accordance with tables adopted by the Board, of the retirement allowance or
optional retirement allowance calculated by approved actuarial methods, giving due weight to the average probabilities of survivorship of all parties involved in the
allowance, or optional allowance, to the limitation of payments to age eighteen in the case of a minor child, and to the requirement for refund of unused
contributions after the death of the member or beneficiary as provided for in Section 4.1062(b) of this chapter.
(c)
Any member selecting one of the options available under this section who has an eligible spouse as defined in Section 4.1044 of this chapter shall have
the annuity portion of such member’s retirement allowance calculated on the basis of the sum of the normal contributions and survivor contributions taken pursuant
to the provisions of Section 4.1044 of this chapter and no refund shall be made for the excess of such member’s total accumulated contributions over the normal
contributions.
(d)
No optional allowance shall be granted under the provisions of this Section that exceed any limitations imposed by federal law.
(e)
A member at retirement may elect to provide a continuance for an ineligible spouse or an unqualified domestic partner pursuant to the provisions of
Section 4.1044.5. A member at retirement may not opt to provide an optional retirement allowance under Section 4.1053 for any spouse or domestic partner for
whom the member could elect to provide a continuance under Section 4.1044.5.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-75.
Amended by: Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Subsecs. (d) and (e) added, Ord. No. 182,196, Eff. 8-8-12; Subsecs. (a) and (b), Ord. No. 182,296, Eff. 11-12-12.
Sec. 4.1053.1. Election of Annuity With No Payment Due On Death of Last Survivor.
Any member or the survivor of a deceased member who is eligible for a retirement allowance under the provisions of this chapter may, in lieu of the annuity
payment calculated on the basis of the refund of unused contributions, elect to receive an annuity payable only during the life or lives of the persons covered by the
option with no payment due upon the death of the last survivor on account of unused contributions. In all other respects, the provisions of Section 4.1053(b) of this
chapter with respect to the liability of the System under the option being equal to the liability of the System under the member’s unmodified retirement allowance
shall be applicable.
SECTION HISTORY
Added by Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00.
Sec. 4.1054. Duty Related and Non-Duty Related Deaths Creating Entitlement to Survivorship Benefits.
(a)
Definitions. As used in this section, the following words and phrases shall have the meaning ascribed to them in this paragraph unless a different
meaning is clearly indicated by the context:
“Duty Related Death” shall mean the death of a member caused by illness or injury, either of which arose out of the performance of his or her duties
as an employee of the City of Los Angeles.
“Non-Duty Related Death” shall mean a member’s death which occurred due to illness or injury not arising out of the member’s performance of his
or her duties as an employee of the City of Los Angeles.
"Eligible Surviving Spouse" shall mean the person who was married to the member at the time of the member's death and who is entitled to be paid,
against the claims or demands of any and all other persons thereto, the full amount of such member's accumulated contributions.
"Eligible Surviving Domestic Partner" shall mean the person who was the domestic partner of a member, as defined in Section 4.1044.4, at the time
of the member's death and who is entitled to be paid, against the claims or demands of any and all other persons thereto, the full amount of such member's
accumulated contributions.
"Eligible Survivor" shall refer to a person who is either an Eligible Surviving Spouse or Eligible Surviving Domestic Partner, as defined in this
Subsection.
(b)
If a member, who at the time of Duty Related Death was not eligible for a disability retirement allowance pursuant to the provisions of Section
4.1053(a) and Section 4.1055 of this chapter, leaves an eligible survivor, the latter may elect to receive a monthly allowance equal to the disability retirement
allowance benefit the member would have received, as provided in Section 4.1055 of this chapter, had he or she completed five years of continuous service and had
he or she been eligible for a disability retirement and had retired under a disability retirement on the day preceding the date of death and elected to receive the
benefit as computed under the provisions of Section 4.1053(a). In the event the member had completed less than twelve (12) months of service, the salary for the
missing months shall be at the rate for the first month of service to arrive at the compensation earnable.
(c)
If, at the time of Duty Related Death or Non-Duty Related Death, a member would have been eligible to receive a disability retirement allowance
pursuant to Section 4.1055 and leaves an eligible survivor, the latter may elect to receive a monthly allowance equal to the amount the deceased member would
have been entitled to if he or she had been so retired on the day preceding his or her death and elected to provide a continuing benefit under the provisions of
Section 4.1053(a).
(d)
The one hundred percent (100%) disability survivorship allowance hereinabove provided in Subsections (b) and (c) of this section shall consist of an
annuity based upon the Eligible Survivor's age and the member’s accumulated contributions, calculated in accordance with approved actuarial methods,
supplemented by a pension to equal the remainder of the allowance so computed.
(e)
If an eligible survivor elects to receive the one hundred percent (100%) disability survivorship allowance hereinabove provided in Subsections (b) and
(c) of this section, such eligible survivor shall thereby, upon the effective date of the allowance provided in this section, have no rights under the provisions of
Section 4.1062 of this chapter, provided however, that said Eligible Survivor shall receive the benefits provided under the Family Death Benefit Insurance Plan,
established in Section 4.1063 herein if said Eligible Survivor would otherwise have been entitled thereto.
(f)
If a member or former member, whose contributions are on deposit at the time of his or her death, had completed five or more years of continuous
service with the City, notwithstanding the provisions of Section 4.1020(a), the Eligible Survivor shall have the option of waiting until such time as the member
would have been entitled to elect a service retirement allowance and shall then receive an allowance equal to that which the member would have received had the
member retired under the provisions of Section 4.1053(a) on the day first eligible to receive such benefit. An Eligible Survivor who opts to wait and to receive the
allowance provided herein shall no rights under the provisions of Sections 4.1062. However, if he or she would otherwise have been entitled to the benefits
provided under the Family Death Benefit Insurance Plan, an Eligible Spouse who exercises the option provided in this Subsection shall receive the benefits
provided in Section 4.1063, but only until such time as the optional benefit provided in this Subsection shall become payable, at which time his or her entitlement
to benefits under Section 4.1063 shall cease.
(g)
The election by an eligible survivor under the provisions of this section constitutes and includes a complete waiver of any right he or she may otherwise
have to a refund of contributions made pursuant to the provisions of Section 4.1044(h) herein.
(h)
The Board of Administration, with respect to the determination of whether death of a member was attributable to Duty Related causes or Non-Duty
Related causes, shall have the power to make such determination based upon such evidence as may be presented to it.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-75.
Amended by: Subsec. (a), Ord. No. 148,239, Eff. 4-19-76; Ord. No. 171,305, Eff. 10-2-96; Subsecs. (b), (c), (e), (f) and (g), Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00; Ord. No.
182,196, Eff. 8-8-12.
Sec. 4.1055. Disability Retirement.
(a)
Applications for Disability Retirement. A written application for disability retirement may be made at any time within, but not exceeding, one year
after the discontinuance of the service of an employee or the termination of any duly authorized sick leave with pay, provided such incapacity has been continuous
from the discontinuance of such service. Eligibility requirements differ, depending upon the member's tier, as follows:
(1)
Members of Tier 1. Any member who has five or more years of continuous service and who has become physically or mentally incapacitated
and who is incapable, as a result thereof, of performing his or her duties, may be retired upon written application of such member, or of any person acting in
his or her behalf, or of the head of the department in which such member is employed.
Any member retired on account of disability shall receive a disability retirement allowance which shall consist of:
An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement calculated in
accordance with approved actuarial methods as of the date of retirement; and
A pension which shall be in such an amount that the same, when added to that portion of his or her annuity not derived from additional
contributions paid to provide a larger annuity at the time of retirement, shall be a sum which shall be equal to one-seventieth (1/70) of his or her
final compensation, as defined in Section 4.1010, calculated as of the date of retirement, multiplied by the years of service of such member.
If the sum resulting from this calculation should be an amount which represents less than one-third of the member's final compensation, in that case the
disability retirement allowance shall be one-third of his or her final compensation.
(2)
Members of Tier 2. Any member who has ten or more years of continuous service and who has become physically or mentally incapacitated
and who is incapable, as a result thereof, of performing his or her duties, may be retired upon written application of such member, or of any person acting in
his or her behalf, or of the head of the department in which such member is employed.
Any member retired on account of disability shall receive a disability retirement allowance which shall consist of:
An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement calculated in
accordance with approved actuarial methods as of the date of retirement; and
A pension which shall be in such an amount that the same, when added to that portion of his or her annuity not derived from additional
contributions paid to provide a larger annuity at the time of retirement, shall be a sum which shall be equal to one-ninetieth (1/90) of his or her final
compensation, as defined in Section 4.1002.1(d), calculated as of the date of retirement, multiplied by the City service credit of such member.
(b)
The Board of Administration may, from time to time in its discretion, require any beneficiary under the age of sixty (60) years who shall have been
retired because of disability to submit to medical examination by three regularly licensed practicing physicians selected by the Board. Upon the basis of such
examination and other proper evidence, said Board shall determine whether such beneficiary is still incapacitated for service in the position held by the beneficiary
at the time of his or her retirement. If the Board shall determine that such beneficiary is not so incapacitated, he or she shall be restored to duty in the position held
by him or her at the time of said retirement order, and upon his or her return to active service his or her retirement allowance shall be canceled.
(c)
The failure, neglect, or refusal of any beneficiary, to submit to such medical examination as the Board may order pursuant to Subsection (b) hereof, or
to return to active service pursuant to said subsection, within such reasonable time as the Board may determine, shall be sufficient cause for cancellation of such
retirement allowance, in the discretion of the Board, in which event the only right that he or she shall have as a former member pursuant to Section 4.1051.1 of this
Chapter is to receive a refund of his or her accumulated contributions, less any payments made on account of the annuity provided herein. If the Board should
determine pursuant to Subsection (b) that a beneficiary is no longer incapacitated, but the beneficiary cannot be restored to duty in the position held by him or her at
the time of retirement due to the beneficiary's termination or resignation, the Board shall cancel his or her retirement allowance and, as a former member, he or she
shall have the rights set forth in Section 4.1051.1 of this Chapter, provided that, in the event he or she requests a refund of contributions, the accumulated
contributions shall be reduced by any payments made on account of the annuity provided herein.
(d)
Any person heretofore or hereafter retired for disability by the Board, even though incapable of performing the duties of the position from which he or
she has been or shall be retired, may be re-employed in a different vacant position if the Board of Civil Service Commissioners were to find that he or she is
capable of performing the duties of such position, provided, however, that such person may be so re-employed only with the consent of the appointing authority for
such position and the written consent of such person. The Board of Civil Service Commissioners shall adopt rules and regulations to effectuate the purpose of the
foregoing provisions. Upon the re-employment of such person, his or her disability retirement allowance shall cease and, should he or she be eligible for
membership in the Retirement System, he or she shall again become a member of the Retirement System.
(e)
Any beneficiary who re-enters the service of the City, as provided in Subsection (b) or (d) herein, and again becomes a member of the Retirement
System, shall immediately upon such re-entry become a member of the tier of the Retirement System from which he or she was retired and shall make contributions
accordingly. The balance, if any, of his or her accumulated contributions, after deducting the annuity payments made to him or her on account of a disability
retirement allowance, shall be credited to the individual account of such member with the Retirement System, regardless of whether he or she becomes a member of
the Retirement System or of another City retirement system upon re-employment. He or she shall receive credit for services rendered prior to the date of his or her
retirement in the same manner as though he or she had never been retired for disability, but the payment of a disability pension shall not constitute compensation
from the City entitling him or her to service for the period it was paid. If otherwise eligible, a member may purchase eligible service with another governmental
entity for employment during periods in which he or she received a disability allowance. Members of Tier 2 may elect to make contributions, on a post-tax basis, in
order to replace some or all of the contributions used to fund the annuity portion of his or her disability pension so as to reduce or eliminate the reduction that would
otherwise occur to his or her service retirement allowance pursuant to the provisions of Section 4.1002.1(g). The Board shall adopt rules to allow Tier 2 members
to make contributions for this purpose.
(f)
The Board of Administration shall have the power to hear and determine all matters pertaining to the granting or termination of any retirement
allowance provided for in this section, and the determination of the Board shall be final and conclusive.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-78.
Amended by: Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Ord. No. 182,196, Eff. 8-8-12; Subsecs. (a) and (e), Ord. No. 182,296, Eff. 11-12-12.
Sec. 4.1055.1. Loan Program for Applicants for Disability Retirement.
The Board of Administration shall by rule establish a loan program for members who have made application for disability retirement or upon whose behalf an
application has been made in accordance with the provisions of this chapter, provided that the loan program shall be in compliance with the provisions of Internal
Revenue Code Section 72(p). The loan program shall further provide that in no event shall the amount of funds loaned to any member exceed the amount of
contributions and interest in the member’s LACERS account and that once a Board determination is made granting or denying a member’s disability application, no
further funds shall be lent to the member in connection with that application. Loan repayments will be suspended under this program as permitted under Section
414(u)(4) of the Internal Revenue Code.
SECTION HISTORY
Added by Ord. No. 149,161, Eff. 1-17-76.
Amended by: Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; In Entirety, Ord. No. 174,820, Eff. 9-25-02; In Entirety, Ord. No. 175,767, Eff. 2-9-04; Last Para. deleted, Ord. No.
182,196, Eff. 8-8-12.
Sec. 4.1055.2. Back Contributions for Periods of City Employment While Disability Pension Applications Were Pending and No Entitlement Existed to
Receive Credit for City Service – Six Months’ Limitation.
Any member of the Los Angeles City Employees’ Retirement System who has, at any time, filed an application for the benefit of a disability retirement, which
application was thereafter denied by the Board of Administration upon a finding by said Board that the applicant had not become physically or mentally
incapacitated so as to be incapable of performing his or her duties, shall have the right to designate up to six months of the period while such application was
pending for purposes of acquiring credit towards City Service as defined in Section 4.1001, subject to the following conditions:
1.
The designated period does not already entitle the member to service credit.
2.
The maximum period to be designated is six months or the actual period of time while the application for disability retirement was pending,
whichever was less.
3.
If a member has applied more than once for disability retirement, the cumulative total period to be designated may not exceed six months or the
time elapsed while applications were processed, whichever is less.
4.
The right granted by said section shall be exercised in writing, filed with the Board of Administration, designating the period of City Service for
which the member desires to receive retirement credit, and must be accompanied by a single payment of back contributions or by an irrevocable agreement
to pay such back contributions in installments. The back contributions to be paid shall be in an amount equal to all of the contributions which he or she
would have made to the Fund had he or she been making contributions during such period, based upon such person’s Compensation Earnable before the
discontinuance of his or her service, together with all regular interest which, had he or she so made the same, would have been credited thereon prior to the
date of such payment; provided, however, that in the case of such installment payments thereof, the same shall be made pursuant to rules which shall be
adopted by the Board of Administration establishing minimum amounts to be paid and the period of time therefor and providing the rate of interest which
shall also be paid upon the unpaid balance of the same. Every member who makes up back contributions,as hereinabove provided, shall be allowed credit for
the period of City Service designated in the declaration filed by him or her with the Board of Administration; provided, however, that should he or she, for
any reason, cease to be a member before making up the full amount thereof, he or she shall be allowed retirement credit, counter-calendarwise, for the same
portion of such designated period as the amount made up by him or her is of such full amount, and provided further, that should he or she cease to be a
member by reason of his or her death, retirement credit shall be allowed for the whole period designated by him or her if his or her surviving spouse were to
exercise the option which, under such circumstances, hereby is given to any surviving spouse to make a single payment of all of the unpaid installments with
accrued interest thereon.
SECTION HISTORY
Added by Ord. No. 154,050, Eff. 8-2-80.
Amended by: First Para. and Para. (4), Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00; Para. (4), Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1056. Computation of Allowances in Case of Early Retirement.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-75.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1056.1. Computation of Allowances in Case of Early Retirement; Full Formula Retirement After 30 Years of Service and Attainment of Age 55.
SECTION HISTORY
Added by Ord. No. 147,686, Eff. 9-12-75.
Amended by: Title and section, Ord. No. 157,226, Eff. 12-10-82, Oper. 1-1-83.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1056.2. Computation of Allowance in Case of Early Retirement; Full Formula Retirement After 30 Years of Service and Attainment of Age 55.
(a)
Except as otherwise provided in Subsection (b) of this section, service retirement allowances computed as provided in Section 4.1022 of this chapter
shall, in case of early retirement, be modified by multiplying them by the factor set forth in the table below corresponding to a member’s age taken to the completed
quarter year.
EARLY RETIREMENT REDUCTION FACTORS FOR 2.16 PERCENT FORMULA
45
45 1/4
0.6250
0.6325
45 1/2
45 3/4
46
46 1/4
46 1/2
46 3/4
47
47 1/4
47 1/2
47 3/4
48
48 1/4
48 1/2
48 3/4
49
49 1/4
49 1/2
49 3/4
50
50 1/4
50 1/2
50 3/4
51
51 1/4
51 1/2
51 3/4
52
52 1/4
52 1/2
52 3/4
53
53 1/4
53 1/2
53 3/4
54
54 1/4
54 1/2
54 3/4
55
55 1/4
55 1/2
55 3/4
56
56 1/4
56 1/2
56 3/4
57
57 1/4
57 1/2
57 3/4
58
58 1/4
58 1/2
58 3/4
59
59 1/4
59 1/2
59 3/4
60 and over
0.6400
0.6475
0.6550
0.6625
0.6700
0.6775
0.6850
0.6925
0.7000
0.7075
0.7150
0.7225
0.7300
0.7375
0.7450
0.7525
0.7600
0.7675
0.7750
0.7825
0.7900
0.7975
0.8050
0.8125
0.8200
0.8275
0.8350
0.8425
0.8500
0.8575
0.8650
0.8725
0.8800
0.8875
0.8950
0.9025
0.9100
0.9175
0.9250
0.92875
0.93250
0.93625
0.94000
0.94375
0.94750
0.95125
0.95500
0.95875
0.96250
0.96625
0.97000
0.97375
0.97750
0.98125
0.98500
0.98875
0.99250
0.99625
1.00
Service retirement allowances of members retiring after attaining age sixty (60) are not subject to reductions.
(b)
Any member who has completed thirty (30) or more years of service and has attained the age of fifty-five (55) may elect to retire and be paid a
retirement allowance which would be payable to such member had he or she attained age sixty (60) at the time of such retirement without any reduction of said
allowance as otherwise provided in Subsection (a) of this section.
SECTION HISTORY
Added by Ord. No. 171,305, Eff. 10-2-96.
Amended by: Subsec. (c), Ord. No. 172,808, Eff. 9-20-99; Subsec. (c), Ord No. 174,820, Eff. 9-25-02; Ord. 182,196, Eff. 8-8-12.
Sec. 4.1057. Survivor’s Right to Designate the Beneficiary of Unused Accumulated Contributions and Accrued but Unpaid Allowances.
The spouse or domestic partner who is receiving an allowance as a result of the death of a deceased member, referred to as the survivor for purposes of this
Section, may file a beneficiary designation with the Board of Administration naming a beneficiary or beneficiaries for any accrued but unpaid allowance payable
upon the survivor's death and, subject to the limitations set forth below, for the deceased member's unused accumulated contributions.
Upon the survivor's death, any accrued but unpaid allowance shall be paid in the following order: to the survivor's designated beneficiaries; if none, to the
children of the survivor; if no children, to the parents of the survivor; if no parents, to the executor or administrator of the estate of the survivor or to any other
person or legal entity legally entitled to collect money due to the survivor. Should the survivor leave no one legally entitled to collect any accrued allowance, it
shall be paid in the following order: to the deceased member's children or, if none, to the deceased member's parents, or if none, to the executor or administrator of
the estate of the member or to any other person or legal entity legally entitled to collect money due to the deceased member.
If the deceased member has failed to designate a beneficiary for the unused accumulated contributions or if the beneficiaries so designated by the deceased
member have all predeceased the survivor, then upon the death of the survivor, the Board of Administration shall pay the unused accumulated contributions pursuant
to the survivor's beneficiary designation on file with the Board; in the event the survivor has no beneficiary designation on file or the named beneficiaries have all
predeceased the survivor, then the unused accumulated contributions shall be paid in the following order: to the deceased member's children or, if none, to the
deceased member's parents, or, if none, to the executor or administrator of the estate of the survivor or to any other person or legal entity legally entitled to collect
money due to the deceased survivor.
SECTION HISTORY
Added by Ord. No. 117,053, Eff. 5-4-78.
Amended by: Ord. No. 148,239, Eff. 4-19-76; Title and Section, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1058. Medical examinations of Disability Retirement Applicants.
Whenever the Board of Administration shall have before it for consideration or decision an application for disability retirement pursuant to the provisions of
Section 4.1055, the Board shall cause such member to be examined by and a written report thereon rendered by at least three regularly licensed, practicing
physicians selected by said Board and shall hear such other evidence relating to such disability of such member as may be presented to said Board. If the member
is terminally ill, the Board shall cause said member to be examined by only one regularly licensed, practicing physician selected by the Board. If, upon considering
the report of such physician(s) and such other evidence as shall have been presented to it, said Board finds that said member has become physically or mentally
incapacitated and is incapable, as a result thereof, of performing his duties and if said Board finds that such disability was not due to intemperance or the willful
misconduct of such member, he shall be retired as of the date of the discontinuance of his service on account of such disability or termination of sick leave with pay.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-75.
Amended by: Ord. No. 171,410, Eff. 12-23-96; Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1058.1. Requirements Concerning Proof of Disability in Case a Member Dies Subsequent to His or Her Application but Before Reports from Three
Physicians can be Obtained.
Whenever the Board of Administration shall have before it for consideration or decision an application for disability retirement pursuant to the provisions of
Section 4.1055 by a member who died while he or she was waiting for the disability application to be processed and prior to reports of examination being obtained
from three or more physicians selected by the Board, a disability retirement may be granted on the basis of fewer than three medical reports or no such reports
subject to the following provisions:
The Board must find:
(a)
That the applicant was physically or mentally incapacitated since the discontinuance of service and incapable of performing the duties of his or
her position; and
(b)
That the disabling condition(s) and death of the applicant were not due to the applicant’s intemperance or willful misconduct.
It shall be within the power of the Board to adopt all necessary rules to implement the provisions of this section including but not limited to rules regarding the
type and quantity of evidence required to make a determination as required under the provisions of the last preceding paragraph of this section.
In the event that an applicant's disability retirement is granted by the Board after his or her death, whether pursuant to the provisions of this Section or based
upon three or more reports that were obtained from physicians selected by the Board, and he or she leaves a survivor eligible for a continuance of his or her
disability retirement allowance as provided in Section 4.1044, the retirement allowance payable to such deceased member shall be reduced so as to provide for a
100% disability survivorship allowance as if such deceased applicant had elected to provide a continuing benefit under the provisions of Section 4.1053(a).
SECTION HISTORY
Added by Ord. No. 151,860, Eff. 2-23-79.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00; Last Para. added, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1058.2. Past Service Credit for Former Members of the Fire and Police Pension Plans, Tiers 1 and 2, who Transferred Pursuant to Charter Section
1014 and Certain Provisions of Former Section 108 of the City Charter.
SECTION HISTORY
Added by Ord. No. 154,877, Eff. 2-26-81.
Amended by: Sec. Title, First Para., Subsecs. (a), (b), (c), (d), (e), (f), (g) and (h), Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1059. Accumulated Contributions May Be Refunded to Certain Employees.
Any member whose employment status changes in such manner that he or she would be ineligible for membership pursuant to the provisions of Section
4.1002(8) if not already a member, may file a written application, together with proof of status change, with the Board of Administration requesting that his or her
membership in the Retirement System be terminated. Provided that he or she provides sufficient proof of status change, the Retirement System shall approve the
request. If such request is approved, the former member shall become a member of the Pension Savings Plan for Part-time, Seasonal and Temporary Employees
established in Chapter 16 of this Code, provided that he or she otherwise qualifies to participate in such plan. Unless federal law permits a withdrawal of
contributions, the former member's accumulated contributions shall remain in the fund so long as he or she continues to be employed, in any capacity, by the City.
SECTION HISTORY
Added by Ord. No. 147,053, Eff. 5-4-75.
Amended by: Title and Section, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1059.1. Immediate Vesting Of Retirement Benefits For Part-Time Employees Who Are Members Of The Los Angeles City Employees’ Retirement
System.
SECTION HISTORY
Added by Ord. No. 169,048, Eff. 10-18-93.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1060. Benefits for Employees Upon Their Change of Membership from the Water and Power Employees’ Retirement Plan to Membership in the
Los Angeles City Employees’ Retirement System and for Members Who Change Membership from the Los Angeles City Employees’ Retirement
System to the Water and Power Employees’ Retirement Plan.
(1)
Definitions. For the purpose of Section 4.1060 of the Los Angeles Administrative Code, the Los Angeles City Employees’ Retirement System will be
referred to as “the LACERS” and the Water and Power Employees’ Retirement Plan as “the WPERP”. Members of the Los Angeles City Employees’
Retirement System will be referred to as “System Members” and the members of the Water and Power Employees’ Retirement Plan will be referred to as “Plan
Members”.
“City Service” or “Service” shall mean only those periods during which a member received compensation from the City as an employee and for which the
member made contributions to either the LACERS or the WPERP.
With respect to all other terms used in this section the definitions contained in Chapter 10 of the Los Angeles Administrative Code shall be applicable unless a
different meaning is clearly indicated by the context.
(2)
Membership in the LACERS. A plan member shall become a system member immediately upon changing employment from the Department of
Water and Power to such other office, class, or position established by the City of Los Angeles as would make him or her eligible for membership in the LACERS,
provided, however, that there is no break in service of more than seven calendar days. If there is a break in service of more than seven calendar days, the former
plan member shall become a system member on the date that his or her entrance into such employment with the City of Los Angeles makes him or her eligible to
become a system member.
Membership shall entitle the system member to all benefits for retirement, disability and death for which he or she would qualify based upon his or her total
service in both the LACERS and the WPERP.
(3)
Contributions of System Members who Transfer from the Department of Water and Power. A plan member who becomes a system member
shall contribute to LACERS at the applicable rate provided in Section 4.1031.2.
(4)
(This subsection has been deleted as obsolete because LACERS contributions are no longer based on entry age.)
(5)
Election not to Participate in the Reciprocal Retirement Benefits Arrangement. A system member may, at any time prior to the expiration of a
seven (7) month period following a change of employment from the Department of Water and Power, elect in writing as prescribed by the Board of Administration
of the LACERS to commence membership with the LACERS as if such member had no previous City service if (a) the member withdraws his or her contributions
from the WPERP or (b) leaves his or her contributions on deposit with the WPERP in order to qualify for a deferred retirement allowance from WPERP in the
future.
(6)
Transfer of Members’ Accumulated Contributions and Service Credit Between WPERP and LACERS. Subject to the provisions of Subsection
(12) of this section a member’s accumulated contributions in the WPERP will be transferred from the WPERP to the LACERS in accordance with necessary
administrative procedures to be developed between the WPERP Board of Administration and the LACERS Board of Administration, unless the system member has
made one of the elections provided in Subsection (5) of this section.
In the case of a system member who becomes a plan member by virtue of his or her change of employment to the Department of Water and Power and who
has not made an election pursuant to the terms of the WPERP, the LACERS upon an appropriate demand for such transfer by the WPERP shall pay to the WPERP
the former system member’s accumulated contributions to the LACERS.
(7)
Treatment of Uncompleted Service Purchases. System members who, at the time of their transfer to membership in the LACERS, have commenced
making service purchases with the WPERP for service but have not completed payment of the obligation undertaken by them, may complete the payment thereof
with the LACERS at the same rate that was to be payable by them pursuant to the arrangements with WPERP to make such service purchase.
(8)
Continuous Service. Continuous service to determine a system member’s eligibility for service or disability retirement shall include City service as
defined in this section and not as defined in Section 4.1001, provided however, that the system member has not exercised one of the elections provided in
Subsection (5) of this section.
(9)
Family Death Benefit Insurance Plan. The phrase “Death Benefit Plan Service” as used in Section 4.1063 shall in the case of a plan member who
transfers to the LACERS include such City service as a plan member for which the system member has made back contributions in accordance with the
requirements set forth in Section 4.1052 of the Los Angeles Administrative Code.
A system member in order to be eligible to make back contributions, must not have exercised one of the elections provided in Subsection (5) of this section.
The mode of paying such back contributions in a lump sum or on an installment basis shall be decided by the Board of Administration of the LACERS which
Board shall, within a reasonable time after the effective date of this section, adopt appropriate rules for the implementation of the provisions of this subsection.
(10)
Prohibition Against Dual Benefits. Benefits provided to system members as a result of the enactment of this section shall not be in addition to
benefits provided by the WPERP on account of the occurrence or non-occurrence of any contingency or event which would under the provisions of the WPERP
generate entitlement to a benefit or benefits.
(11)
Application of this Section to Current System Members; Waiver by LACERS of Funds from WPERP and the General Fund. A system
member, on the effective date of this section, who has been a member of the WPERP prior to his membership in LACERS and who has not transferred or
withdrawn his accumulated contributions from WPERP, shall be entitled to the benefits herein described upon making application for such benefits as provided
herein, provided however, that no funds shall be provided by WPERP or the General Fund of the City in excess of a member’s accumulated contributions.
(14)
Reciprocity of Benefit Provisions and Conditions Affecting this Section. It is the intent and purpose of this section to provide or help to provide
portability between the LACERS and the WPERP. The achievement of complete portability of benefits is dependent upon appropriate action by the governing body
of the WPERP. Should the implementation of any provisions of this section be possible only if some specific action is taken by the WPERP, then and as to such
provisions only, the effect of this section shall be suspended until appropriate action has been taken by the WPERP.
SECTION HISTORY
Added by Ord. No. 153,294, Eff. 2-15-80,
Amended by: Paras. (12) and (13) repealed, Ord. No. 168,732, Eff. 5-31-93; Sec. Title, Subsecs. (1), (2), (3), (4), (5), (6), (7), (8), (9), (11) and (14), Ord. No. 173, 237, Eff. 6-1900, Oper. 7-1-00; Subsecs. (2), (3), (4), (5), (7), (8) and (9), Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1061. Compliance with Certain Internal Revenue Code Provisions.
(a)
Notwithstanding any other provisions of this chapter, the benefits payable to any person who becomes a plan member on or after January 1, 1990, shall
be subject to the limitations set forth in Section 415 of the Internal Revenue Code. Effective for limitation years beginning on or after January 1, 2001, for purposes
of applying the limitations of Section 415 of the Internal Revenue Code, compensation paid or made available during the limitation year shall include any amounts
that are not includable in the gross income of the member by reason of Section 132(f)(4) of the Internal Revenue Code.
For the purpose of applying the limitations of Section 415(e) of the Internal Revenue Code, the portion of the LACERS that constitutes a defined benefit plan
shall be the portion subject to reduction in the event that Section 415(e) requires reduction of benefit or contributions.
(b)
The benefits payable to any person who became a plan member prior to January 1, 1990, shall be subject to the greater of the following:
(1)
The limitations set forth in Section 415 of the Internal Revenue Code; or
(2)
The accrued benefit of the member (determined without regard to any amendment made after October 14, 1987, as provided in Section
415(b)(10)(A) of the Internal Revenue Code.
(c)
If compliance with the provisions of Internal Revenue Code Section 415 and related sections would result in a lower level of retirement benefits for
members on or after January 1, 1990 than for members prior to that date, then the Council shall provide, by ordinance, an alternative means of maintaining for such
members the level of benefits in effect for members as of December 31, 1989.
(d)
If any of the limitations of Section 415 of the Internal Revenue Code should be repealed, the provisions of this section shall be deemed repealed to the
same extent.
(e)
Nothing contained in this section shall limit the City Council from modifying benefits to the extent such modifications are permissible by City Charter
and applicable State and Federal law.
(f)
Notwithstanding any provision of this plan to the contrary, effective December 12, 1994, contributions, benefits, and service credit with respect to
qualified military service while an employee will be provided in accordance with Section 414(u) of the Internal Revenue Code.
SECTION HISTORY
Added by Ord. No. 165,334 Eff. 1-15-90.
Amended by: Subsec. (a) Unnumbered Para. added by Ord. No. 171,487, Eff. 1-24-97; Subsec. (a), Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00; Subsec. (a) amended, Subsec. (f)
added, Ord. No. 175,767, Eff. 2-9-04.
Sec. 4.1062. Payments Upon Death.
(a)
Upon the death of any member before retirement:
(1)
The member’s accumulated contributions shall be paid to such person or legal entity as the member shall have nominated by written designation
duly executed and filed with the Board of Administration or, if there be no such written designation of beneficiary, then to the surviving spouse of such
deceased member, or to the member’s children in the event there be no surviving spouse, or to the member’s parents in the event there be no surviving
spouse or children. In the event there be no written designation of beneficiary, surviving spouse, children or parents, then said accumulated contributions
shall be paid to the executor or administrator of the estate of such deceased member, or to any other person or legal entity legally authorized to collect
money due the decedent.
(2)
In the event such member shall have had at least one year of City service for which the member is entitled to receive retirement credit, then a
limited pension shall be paid as provided herein. The limited pension shall be paid in equal monthly payments of one-half of the average monthly
compensation earnable of such member during the member's last year of service. For each year of service, not to exceed six years, two monthly payments
shall be paid, not to exceed a total of 12 monthly payments for six or more years of service. Such limited pension shall be paid to the surviving spouse or
domestic partner of such deceased member or to the minor children of such member, in the event there shall be no surviving spouse or domestic partner. The payment to a minor child shall continue beyond the month the child reaches age 18 if the child was a minor on the date of the member's death. In the
event there be no surviving spouse or domestic partner or minor children, the limited pension shall be paid to the dependent parents of such member. However, no limited pension shall be paid in the event the Board of Administration, upon investigation and after a hearing in the matter, finds that the death
of such member was due to or resulted from the intemperance or the willful conduct of such member. In the event any such beneficiary should die before
receiving the full amount of such limited pension, the same shall be continued to the persons who, in the order hereinabove set forth, qualify as beneficiaries
thereof as of the date of death of such deceased beneficiary and who, within sixty (60) days after such date make demand for payment thereof; provided,
however, that in the event no such demand is made within such time, the said limited pension shall conclusively be deemed to have been terminated as of
such date of death.
(3)
In the event such member was eligible to retire pursuant to the provisions of Section 4.1020 or 4.1002.1(e) of this Chapter and that the person or
persons entitled to be paid such limited pension is or are the same person or persons entitled to be paid, against the claims or demands of any and all other
persons thereto, the full amount of such member’s accumulated contributions, then such person or persons may, by a written instrument duly executed,
acknowledged and filed with the Board of Administration, waive payment of such limited pension and such accumulated contributions and elect to be paid,
in lieu thereof, the optional retirement allowance which would have been paid to such member throughout his or her life and continued, upon his or her
death, throughout the life or lives of such person or persons as his or her designated survivor or survivors, had the member, as of the day preceding his or her
death, been retired pursuant to the provisions of Section 4.1053(a)(1) of this chapter and designated such person or persons as his or her survivor or
survivors. The duly appointed, qualified and acting guardian of the estate of a minor child or an incompetent shall make such waiver and election on behalf
of such minor child or incompetent. In no event shall the benefits of this subdivision be payable to any person after the allowance of a limited pension
pursuant to the provisions of Subdivision (2) of this subsection nor shall the limited pension be payable to any person after the allowance of the benefits of
this section. If a spouse or domestic partner of a Tier 1 member makes the election authorized herein, the provisions of Section 4.1044(h) of this Chapter
shall apply.
(b)
Upon the death of a member after retirement, or, upon the death of all of the member’s survivors to whom a retirement allowance was paid, the unused
contributions and any accrued but unpaid retirement allowance shall be paid in the same manner as that provided in Subdivision (1) of Subsection (a) of this section
for the payment of the accumulated contributions of a member who dies before retirement, provided, however, that the member or any survivors shall not have
received a retirement allowance pursuant to which no refund of contributions is payable upon the death of the member or his or her last survivor, in which case no
contributions shall be refundable. For the purpose of this subsection, the phrase “unused contributions” shall be the remainder, if any, of the accumulated
contributions of such deceased member after deducting the total of all amounts paid on account of any annuity to such member and to his or her survivor or
survivors, provided that there shall be no unused contributions in the event that the member or any survivors received a retirement allowance pursuant to which no
refund of contributions is payable upon the death of the member or his or her last survivor.
(c)
Upon the death of every member after retirement provided that such death occurred on or after October 2, 1996, the sum of $2500 shall be paid to such
person or legal entity as the member shall have nominated by written designation duly executed and filed with the Board of Administration or to the surviving
spouse of such deceased member, in the event no such designation is filed, or to his or her child or children, in the event there be no designated beneficiary or
surviving spouse, provided that such payment shall be made only after satisfactory evidence has been presented to the Board showing that the expense of burial of
such deceased member has been paid or that the obligation to pay therefor has been assumed by a person or persons or an organization legally capable of contracting
such obligation. The fact of burial, as evidenced by a certified copy of the death certificate, shall be sufficient evidence of compliance with the requirements stated
in the foregoing sentence.
In the event there be no designated beneficiary, surviving spouse or child or children, or in the event the requirements herein stated with respect to the expense
of burial of such member have not been complied with within such time as said Board in its discretion may determine, then the payment of the amount specified in
this subsection shall be paid to the executor or administrator of the estate of such deceased member or to any other person or legal entity legally authorized to
receive money due said decedent.
(d)
The right to payment of the member's accumulated contributions upon the member's death before retirement, as provided in Subsection (a) herein, and
the right to payment of the member's unused contributions, as provided in Subsection (b) herein, upon the later of the death of the retired member or the retired
member's survivor to whom an allowance was paid, is a vested property right of the person(s) entitled to such payment, provided, however, that should the
person(s) entitled thereto fail to claim this benefit within ten years from the date of such death, the funds shall revert to the Retirement Fund, unless and until, the
Board of Administration receives a valid belated claim for payment determined at the sole discretion of the Board of Administration. Any death benefit payable
shall be subject to mandatory minimum distribution as required by the Internal Revenue Code provided that the funds that are required to be distributed shall revert
to the Retirement Fund if the person(s) entitled to the funds refuses to cooperate in electing to be paid such funds or cannot be located and the Retirement System
has followed Internal Revenue Service procedures to locate such person(s).
SECTION HISTORY
Added by Ord. No. 171,305, Eff. 10-2-96.
Amended by: Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Subsecs. (a)(2) and (a)(3) amended and Subsec. (d) added, Ord. No. 182,196, Eff. 8-8-12; Subsec. (a)(3), Ord. No.
182,296, Eff. 11-12-12.
Sec. 4.1063. Family Death Benefit Insurance Plan.
For the protection of the families of members who die before retirement, the following death benefit plan is hereby established:
(a)
"Family Death Benefit Insurance Plan" shall mean the death benefit plan established in this Section for the protection of the families of
members who die before retirement. For purposes of this Section "Plan" shall refer to the Family Death Benefit Insurance Plan.
"Family Death Benefit Plan Member" shall include only a member of the Retirement System who elects to participate in the coverage provided by
this Section. Such election shall be made in writing and may be filed with the Board of Administration at any time after the completion of 18 months of
service.
A Family Death Benefit Plan Member may cancel participation in the Plan by filing written notice with the Board of Administration of such
cancellation and, from and after the first day of the calendar month next succeeding such filing, no contributions on account of the Plan shall be taken. No
benefit shall thereafter be paid under the provisions of Subsection (b) of this Section for service rendered prior to such cancellation nor shall such former
participant be again eligible to participate in the Plan until he or she has completed 18 or more months of service subsequent to the date of such cancellation.
"Death Benefit Plan Service" shall include only months of service as a contributing Family Death Benefit Plan Member.
"Survivor" for purposes of this Section only, shall mean the surviving spouse or surviving domestic partner of the member and shall not include any
other person(s) who survives the member.
Benefits payable under this Section are subject to earning limitations and, accordingly, may be subject to reduction. Benefits to certain recipients may
also be terminable in the event of the person's marriage. Every person receiving payments under the provisions of this Section therefore shall make such
reports relative to employment, earnings, and marital status as the Board may determine, and failure to furnish any such report within the time and in the
manner specified by said Board shall be cause for the suspension or cancellation of any further payments as said Board may in its discretion determine.
No payments shall be made under this Section on account of the death of a member in which the optional survivorship allowance provided by Section
4.1062(a)(3) of this Chapter is selected. In the event that the optional survivorship allowance provided by Section 4.1054(f) of this Chapter is selected when
the member dies, benefits may be temporarily paid under this Section provided that all benefits payable pursuant to this Section shall terminate on the day
before the effective date that payments begin pursuant to the provisions of Section 4.1054(f).
(b)
Upon the death of a Family Death Benefit Plan Member who has completed at least 18 months of Death Benefit Plan Service:
(1)
The Survivor of such member, having the care and custody of such member's child or children under the age of 16, shall receive a
monthly allowance as provided in Subsection (d) until such time as he or she shall marry.
(2)
The Survivor, natural parent or adoptive parent of a member's child or children under the age of 18, having care and custody of such
child, shall receive a monthly allowance as provided in Subsection (d).
(3)
In the event there are surviving children under the age of 18 who are not in the care or custody of the member's Survivor, or in the care
of custody of the child's natural or adoptive parent, there shall be paid to the legally appointed guardian of estate of the member's child or children a
monthly allowance as provided in Subsection (d).
The allowance payable to a Survivor under Paragraph (1) of this Subsection shall be paid only so long as such person remains unmarried and has a
child or children under the age of 16 in his or her care and custody on whose account an allowance is payable under this Subsection.
The phrase "child or children under the age of 18" shall include, in addition to a child who has not attained his or her 18th birthday as of the date of
the member's death, any child who, before reaching the age of 22, has become unable to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be expected to result in death, or to be of long continued and indefinite duration. The
allowance payable on account of every child shall cease when such child reach the age of 18 unless such child was, or has become, disabled as in this
paragraph provided, in which case payments on account of such a disabled child shall be continued for the duration of the disability. The Board of
Administration shall have the power to hear and determine all matters pertaining to the degree and the duration of any child's disability and the determination
of said Board shall be final and conclusive.
(c)
Upon the death of a Family Death Benefit Plan Member, who has at least 120 months of Death Benefit Plan Service:
(1)
If there be a Survivor or children of such member eligible to receive payments under Subsection (b), such payments shall be made as
therein provided;
(2)
Upon reaching age 60, the Survivor of such member, if he or she has not married since the member's death and is not entitled to a
Survivor's payment under Subsection (b), shall be paid a monthly pension as provided in Subsection (e).
(3)
Upon reaching age 50, the Survivor of such member who is found to unable to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment which can be expected to result in death, or to be of long continued and indefinite
duration, if he or she has not married since the member's death and is not entitled to a Survivor's payment under Subsection (b), shall be entitled to
receive the benefit provided in Subsection (e) with such actuarial adjustment as provided by Board rule. The Board of Administration shall have the
power to hear and determine all matters pertaining to the degree and the duration of any Survivor's disability and the determination of said Board
shall be final and conclusive.
(4)
In the event the member is not survived by a Survivor or children, but is survived by a parent or parents who during the last year of the
member's service had received at least 1/2 of their necessary living expenses from such member, there shall be paid to each such parent a monthly
pension as provided in Subsection (f); provided, however, that such payments shall not begin before the parent has reached age 62 and no payment
shall be made to a parent who has married subsequent to the member's death. In order to qualify for this benefit, the parent(s), regardless of their age
at the time of the member's death, must within a period of six months following the member's death file a claim with the Board of Administration for
such benefit and establish to the satisfaction of said Board the fact of dependency as provided herein. Failure for any reason to file such claim within
the time herein specified shall forever bar the right of such parent or parents to assert a claim to such benefits.
(d)
Effective December 16, 1996 and ongoing, the monthly allowance to be paid pursuant to Subsection (b) shall be as follows:
Survivor with one child
-$1,875.00
Survivor with two children
-$2,186.90
No survivor:
1 child
-$937.50
2 children
-$1,875.00
3 children
-$2,186.90
(e)
Effective December 16, 1996 and ongoing, the monthly allowance payable to a Survivor pursuant to Subsection (c) shall be as follows:
For payments beginning at age 60
For payments beginning at age 61
For payments beginning at age 62
For payments beginning at age 63
For payments beginning at age 64
For payments beginning at age 65 or older
(f)
follows:
-$613.04
-$661.93
-$710.78
-$759.66
-$808.52
-$857.40
Effective December 16, 1996 and ongoing, the monthly allowance payable to a dependent parent(s) pursuant to Subsection (c) shall be as
For one dependent parent
For two dependent parents
-$1,031.25
-$1,875.00
(g)
Full power and authority is hereby vested in the Board of Administration to make such changes in the conditions set forth in Subsections (b)
and (c) of this section governing entitlement to and continued payment of the benefits therein provided, as will from time to time, make such conditions
comparable to and in substantial accordance with the conditions governing the respective Survivor Benefits under the Old-Age, Survivors and Disability
Insurance (OASDI) Program.
In addition, the Board shall establish an earnings test and provide for a reduction in the payments to be made under this section, which test and
reduction in payments shall be in substantial accordance with the earnings test and reduced payments on account of earning established under the OASDI
Program.
It is the intent, meaning, and purpose of this Subsection to provide a means whereby entitlement to and continuance of benefit payments to the
surviving children, Survivor, or parents of a deceased Family Death Benefit Plan Member shall be in substantial accordance with the conditions governing
entitlement to and continuance of the comparable Survivor Benefits under the OASDI Program. The rights granted to Family Death Benefit Plan Members
under this Section shall be cumulative in the event that benefits become payable to children whose parents were both Family Death Benefit Plan Members
at the time of their respective deaths.
(h)
Full power and authority is hereby vested in the Board of Administration to make such changes in the conditions set forth in Subsection (b) of
this section governing entitlement to and continued payment of the benefits therein provided, as will, from time to time, make such conditions comparable to
and in substantial accordance with the conditions governing the respective Survivor Benefits under the OASDI Program.
In addition, the Board shall establish an earnings test and provide for a reduction in the payments to be made under this section which test and
reduction in payments shall be in substantial accordance with the earnings test and reduced payments on account of earnings established under the OASDI
Program.
It is the intent, meaning, and purpose of this subsection to provide a means whereby entitlement to and continuance of benefit payments to the
surviving children, widow, widower, or parents of a deceased Family Plan Member shall be in substantial accordance with the conditions governing
entitlement to and continuance of the comparable Survivor Benefits under the OASDI Program.
It shall be the duty of every person receiving payments under the provisions of this section to make such reports relative to employment, earnings, and
marital status as the Board of Administration may determine, and failure to furnish any such report within the time and in the manner specified by said
Board shall be cause for the suspension or cancellation of any further payments as said Board may in its discretion determine.
SECTION HISTORY
Added by Ord. No. 171,395, Eff. 12-16-96.
Amended by: Ord. No. 173,349, Eff. 7-17-00, Oper. 7-1-00; Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1064. Direct Rollovers.
(a)
This section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the Los Angeles City Employees’ Retirement
System to the contrary that would otherwise limit a distributee’s election under this part, the “distributee” of an “eligible rollover distribution” may elect to have
any portion of an eligible rollover distribution that is equal to at least $200 paid directly to an “eligible retirement plan” specified by the distributee in a “direct
rollover.”
(b)
Definitions.
“Eligible rollover distribution”: An eligible rollover distributions is any distribution of all or any portion of the balance to the credit of the
distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal period payments made
for the life of the distributee or the joint lives of the distributee and the distributee’s designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is
not includable in gross income; and any other distribution(s) that is reasonably expected to total less than $200 during a year. On or after January 1, 2002, a
portion of a distribution that is not includable in gross income, but that otherwise qualifies as an eligible rollover distribution, is an eligible distribution
provided that the eligible retirement plan designated to receive such portion of a distribution is an individual retirement account described in Section 408(a)
of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code or a qualified defined contribution
plan described in Section 401(a) or 403(a) of the Internal Revenue Code that agrees to separately account for amounts so transferred, including separately
accounting for the portion of such distribution, which is includable in gross income and the portion of such distribution, which is not so includable. “Eligible retirement plan”: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code,
an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal
Revenue Code or a qualified plan described in Section 401(a) of the Internal Revenue Code that accepts a distributee’s eligible rollover distribution. On or
after January 1, 2002, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code, maintained by an employer
described in Section 457(e)(1)(A) of the Internal Revenue Code, and annuity contract described in Section 403(b) of the Internal Revenue Code, are also
eligible retirement plans. However, prior to January 1, 2002, in the case of an eligible rollover distribution to the surviving spouse or other designated
beneficiary, an eligible retirement plan is an individual retirement account or individual retirement plan annuity only. “Distributee”: A distributee means an employee, former employee, spouse or former spouse of an employee or former employee eligible for a rollover
distribution.
“Direct rollover”: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. SECTION HISTORY
Added by Ord. No. 171,487, Eff. 1-24-97.
Amended by: Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00; In Entirety, Ord. No. 174,820, Eff. 9-25-02.
Sec. 4.1064.1. Trustee-to-Trustee Transfers to LACERS.
The Board of Administration may, notwithstanding any restrictions upon the method of such payment specified elsewhere, provide by rule that any member
eligible to: (1)
make up back contributions,
(2)
re-deposit contributions, (3)
buy back service credit, (4)
make up contributions for periods during which Workers’ Compensation was received, (5)
make additional contributions to purchase a larger annuity provided it is determined cost-neutral by the actuary or (6)
make any other payment in order to receive an increased benefit, may make full or partial payment for these purposes by a direct trustee-totrustee transfer of funds from any eligible retirement plan (as defined in Section 402(c)(8)(B) of the Internal Revenue Code) as permitted under current
federal and state law or under these laws as amended in the future. Should this transfer constitute a partial payment, any additional payment received in a
lump sum shall together with the amount transferred directly be considered one payment for purposes of this Chapter.
SECTION HISTORY
Added by Ord. No. 174,820, Eff. 9-25-02.
Amended by: In Entirety, Ord. No. 175,092, Eff. 2-20-03.
Sec. 4.1065. Reciprocal Benefits with the Public Employees’ Retirement System.
(a)
Uniform Reciprocal Provisions. The purpose of these reciprocal provisions is to extend to the members of other public agency retirement systems
(hereinafter “reciprocal system”) which adopt similar reciprocal provisions into their retirement ordinances or plans pursuant to Sections 20351, 20353, 31840.2
and 45310.5 of the Government Code, and who by contract agree to extend the benefits thereof to the Los Angeles City Employees Retirement System (hereinafter
“this system”), the following rights in this system, provided such member enters into employment under this system or the reciprocal system within six months of
terminating his or her employment under such other or this system:
(1)
Notwithstanding any provisions of this plan or a reciprocal system plan in the matter of vesting, a member whose movement between systems
occurs as herein specified shall have the right to elect to leave his or her accumulated contributions on deposit irrespective of the amount of such
contributions or the length of service credited to him or her.
(2)
The age of entry for a person entering this system for purposes of fixing member contribution rates from a reciprocal system shall be his or her
age at entry into such reciprocal system.
(3)
The average monthly salary during any period of service as a member of a reciprocal system shall be considered compensation earnable by a
member of this system for purposes of computing final compensation for such member, provided he or she retires concurrently under both systems and is
credited with such period of service under the reciprocal system at the time of retirement.
(4)
Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under this system, shall also
include service rendered as an officer or employee of a reciprocal system if the salary for such service constitutes compensation earnable by a member of this
system.
(5)
A member shall be retired for disability and receive a retirement allowance based on the service credited to him or her at the time of retirement
during any period in which he or she receives a disability retirement allowance under a reciprocal system; provided, that such allowance shall not exceed an
amount which when added to the allowance paid under the reciprocal system equals the allowance which would be paid for a non-industrial disability if all
the member’s service had been credited under the reciprocal system; and provided further, that such allowance shall in no event be less than an annuity
which is the actuarial equivalent of the member’s contributions, whether or not the disability is for industrial reasons.
(6)
The death benefit for a member who dies from non-industrial causes as a member of a reciprocal system shall not exceed an amount which
when added to the death benefit paid for such member under the reciprocal system equals the maximum death benefit payable under that system; provided,
however, that such death benefit shall be at least the amount of the accumulated contributions; and, provided further, that if death is caused by industrial
injury or disease in the reciprocal system the death benefit shall be the amount of the member’s accumulated contributions.
(7)
The governing body of this system shall on the request of a reciprocal system supply information and data necessary for administration of such
system as it is affected by membership in and service credited under this system.
(8)
Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the Public Employees’
Retirement System - 1937 Act County Employees’ Retirement reciprocal provisions upon which they are based.
(9)
These provisions shall apply only to a member whose termination and entry into employment resulting in a change in membership from this
system to such other system or from such other system to this system occurred after such acceptance by the board or after the effective date specified in the
agreement; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have
applied had the termination and entry into employment occurred after such acceptance or determination by a system’s governing board.
(10)
Rights under this System shall be modified as necessary to conform to amendments to the Public Employees’ Retirement Law or the County
Employees’ Retirement Law of 1937 as provided in Section 20353, Government Code.
SECTION HISTORY
Added by Ord. No. 171,656, Eff. 7-14-97.
Amended by: Subsec. (a), Ord. No. 173,237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1066. Separate Account Option under Court Orders Dividing Community Property If Legal Separation or Dissolution Occurs Prior to the
Member’s Retirement.
When a court of competent jurisdiction orders the division of community property prior to the member’s date of retirement, the court may order that the
accumulated contributions plus regular interest and service credit attributable to periods of service during the marriage be divided into two separate and distinct
accounts in the name of the member and the nonmember, respectively. Any service credit or accumulated contributions that are not explicitly awarded by the court
order shall be deemed the separate property of the member, in which the nonmember shall have no further interest.
The nonmember who is awarded a separate account under this Section shall be required to make an irrevocable written election to either receive a refund of
contributions or a separate account allowance, provided he or she must be eligible for the option that is elected. If said election is not timely made, the nonmember
shall be deemed to have chosen a refund of contributions.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: Second Para., Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1066.1. Definitions.
"Nonmember" as used in this Section means the spouse or former spouse of a member who, as a result of petitioning the court for the division of community
property, has been awarded a separate account reflecting specific credited service and accumulated contributions. Spouse and former spouse, as those terms are
used in this Section, shall also include any person, such as a state registered domestic partner, who is required to be treated the same as a spouse pursuant to the
provisions of Subsection (f) of Section 4.1044.4 and who has been awarded a community property interest in the member's benefits as specified herein.
“Separate Account Allowance” as used in this section means the monthly amount remitted to a nonmember based on the division of community property, by
a court of competent jurisdiction, into a separate account reflecting specific credited service and accumulated contributions, actuarially reduced to provide an
annuity for life.
“Final monthly average compensation”, for a nonmember only, is the monthly average of the member’s highest consecutive twelve months of salary at the
time of separation.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: First Para., Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1066.2. Benefits Available to Nonmember Awarded a Separate Account.
(a)
Refunds of Contributions.
(1)
A nonmember who is awarded a separate account shall have the right to a refund of the accumulated contributions plus regular interest in the
separate account of the nonmember. A nonmember who elects a refund of contributions is deemed to have permanently waived all rights in this system and
all rights to any future retirement benefits pertaining to the service credit, accumulated contributions or both when the refund becomes effective. The
nonmember may not cancel a refund once it has become effective nor may the nonmember redeposit a refund once it has been paid.
(2)
If at the time of separation the member does not have five (5) years of service credit in the System, the nonmember who has been awarded a
separate account shall only receive a refund of the accumulated contributions and regular interest placed in the nonmember’s account.
(3)
A nonmember who has elected a refund of contributions or whose only separate account right is to a refund of contributions shall not have
interest credited to the contributions in his or her separate account after the date of the member's retirement or death, whichever occurs first. The
nonmember's right to receive a refund of all the contributions in his or her account on such date is a vested property right, provided, however, that should
the nonmember fail to request a refund within ten (10) years from the date of the member's death or retirement, as applicable, said contributions shall be
removed from the nonmember's separate account and shall revert to the Retirement Fund, unless and until the Board of Administration receives a valid
belated refund request, determined at the sole discretion of the Board of Administration, which shall be granted. If the nonmember attains age 70 1/2 with
contributions still on deposit in his or her separate account, his or her contributions shall be subject to mandatory distribution as required by the Internal
Revenue Code, provided that, if such person cannot be located and paid such mandatory distribution and the Retirement System has followed Internal
Revenue Service procedures to locate the beneficiary, such funds shall revert to the Retirement Fund as provided above unless and until the Board of
Administration receives a valid belated refund request, determined at the sole discretion of the Board of Administration, which shall be granted.
(b)
Separate Account Allowance.
(1)
A nonmember who is awarded a separate account shall have the right to a Separate Account Allowance paid monthly for life unless the
nonmember has elected to receive or has received a refund of contributions. The Separate Account Allowance shall terminate upon the death of the
nonmember.
(2)
A nonmember shall be entitled to receive a Separate Account Allowance if both of the following conditions are met:
(i)
On the date of separation the member had five (5) years of service credit in the System; and
(ii)
The member was eligible to receive a service retirement allowance on the date that the separate account allowance begins.
(3)
The amount of the Separate Account Allowance shall be based on the service retirement formula in effect on the date of separation applicable to
the service credited to the nonmember by the employer and the effective date of the nonmember’s Separate Account Allowance, actuarially reduced to
provide an annuity for life. The Separate Account Allowance shall be subject to all cost-of-living and discretionary increases.
(4)
The Separate Account Allowance shall consist of a pension and a life annuity, the latter of which shall be derived from the nonmember’s
accumulated contributions.
(c)
Election of Nonmember Benefits. The nonmember may make an irrevocable election, in writing, to receive the benefit provided under this Section as
either a refund of contributions or a Separate Account Allowance at any time after the entry of the court order and before the member's retirement or death,
whichever occurs first. A nonmember who elects a refund of contributions may request a refund of contributions at the time the election is made or any time
thereafter. A nonmember who elects a Separate Account Allowance may request the allowance to begin at the time the election is made or at any time thereafter so
long as the conditions set forth in Subsection 4.1066.2(b) have been met by the date the monthly allowance is to begin.
The nonmember shall be deemed to have elected a refund of contributions if an irrevocable written election is not made either prior to the member's retirement
or death, whichever occurs first, or within such period following the retirement or death as provided by Board rule. The Board of Administration shall adopt rules
establishing a limited period following the member's retirement or death, as applicable, in which a nonmember who has not yet made an election may be allowed to
make an irrevocable written election. If within the period established by Board rule the nonmember elects to take a separate account allowance, the allowance shall
begin on the day prior to the member's retirement or death, as applicable, so long as the conditions set forth in Subsection 4.1066.2(b) have been met by that date.
(d)
Benefits not Granted to Nonmember. A nonmember whose dissolution is final shall not be entitled to any disability retirement allowance, any basic
death benefit, any special death benefit, any monthly allowance for survivors of a member or retired person, any insurance benefit, medical or dental subsidy, or
retired member lump-sum death benefit. No survivor continuance allowance shall be payable to a survivor of a nonmember.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: Subsec. (a)(3) added and Subsecs. (b)(2) and (c) amended, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1066.3. Calculation of Member’s Service Retirement Allowance.
A member whose retirement is divided under the provisions set forth above shall receive a monthly retirement allowance based on all service credit and his or
her final compensation at the date of retirement as provided under the provisions of this Chapter, subject to reduction by the value of the separate account
determined as follows:
(a)
If the separate account was paid as a refund of contributions, the service credit and contributions awarded to the nonmember shall not be
included in the calculation of the member's retirement allowance except to the extent that the member has re-deposited funds as provided in Section
4.1066.5(a) of this Chapter.
(b)
If the nonmember elected to receive a Separate Account Allowance, the service credit and contributions awarded to the nonmember shall not be
included in the calculation of the member's retirement allowance except to the extent that the member has paid to purchase service credit as provided in
Section 4.1066.5(b) of this Chapter.
(c)
If the nonmember has not elected to receive either a refund of contributions or a Separate Account Allowance prior to the member's retirement,
the service credit and contributions awarded to the nonmember shall not be included in the calculation of the member's retirement allowance.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1066.4. Calculation of Member’s Disability Retirement Allowance.
Members whose retirement is divided under the provisions set forth above shall receive a monthly disability retirement allowance as provided for in Section
4.1055 except that the portion of accumulated contributions credited to the nonmember will be treated as missed deductions in the member account.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1066.5. Buy Back of Funds Allocated to Nonmember.
(a)
If a nonmember receives a refund of contributions and interest, the member may redeposit these funds together with any accumulated interest these
funds would have earned if the refund had not occurred to the System subject to rules adopted by the Board of Administration, and receive full credit for the period
of time represented by these funds.
(b)
If a nonmember elects to receive a Separate Account Allowance, the member may purchase service credit not to exceed the years of service credited
to the nonmember. The purchase of this service credit shall be the full actuarial cost and subject to rules adopted by the Board of Administration.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Sec. 4.1066.6. Duties and Responsibilities of the Board of Administration.
The Board of Administration of the Los Angeles City Employees’ Retirement System shall adopt rules to administer separate accounts ordered by a court of
competent jurisdiction and shall formulate benefits applicable to these separate accounts in such a way that no additional actuarial liability is incurred either by the
System or by the City.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: Ord. No. 173, 237, Eff. 6-19-00, Oper. 7-1-00.
Sec. 4.1067. Former Spouse Option to Receive an Annuity for Life.
When a court of competent jurisdiction does not order a separate account as specified in Section 4.1066, but instead awards the former spouse a portion of the
retirement benefits payable to the member and to the member's surviving spouse or domestic partner (survivor), if any, the former spouse, in lieu of receiving his or
her portion of the benefits payable based upon the lifetime of the member and/or survivor, may instead make an irrevocable election to convert his or her interest in
such retirement benefits into an actuarially equivalent life annuity payable for the lifetime of the former spouse. If the member has not yet retired, the former spouse
must make this irrevocable election to receive a life annuity in writing prior to receiving payment of his or her community property portion of the retirement
allowance. If the member has already retired, the election must be made at the time the former spouse requests direct payment of his or her community property
portion of the retirement allowance. If this irrevocable election is not made prior to the applicable times specified herein, the former spouse will be deemed to have
waived the right to elect to receive a life annuity. Former spouse, as used in this Section, shall also include any person, such as a state registered domestic partner,
who is required to be treated the same as a spouse pursuant to the provisions of Subsection (f) of Section 4.1044.4 and whose legal relationship has been terminated
by a court order that provides for a division of the parties' community property interest in the member's benefits.
SECTION HISTORY
Added by Ord. No. 171,885, Eff. 1-8-98.
Amended by: Ord. No. 182,196, Eff. 8-8-12.
CHAPTER 11
HEALTH AND WELFARE PROGRAMS FOR RETIRED CIVILIAN EMPLOYEES
(Title Amended by Ord. No. 182,196, Eff. 8-8-12.)
Article
1
2
3
4
5
6
7
8
Purpose and Administration of Retired Employee Health and Welfare Programs
Authorized Health and Welfare Programs
Medical Plan Premium Subsidy
Medicare Part B Premium Reimbursement Program
Dental Plan Premium Subsidy
Medical Premium Reimbursement Program
Survivor Medical Plan Premium Subsidy
Retiree Health Insurance Reciprocal Subsidy Credit Program (LACERS and LACERA)
ARTICLE 1
PURPOSE AND ADMINISTRATION OF RETIRED EMPLOYEE HEALTH AND WELFARE PROGRAMS
(Title Amended by Ord. No. 182,196, Eff. 8-8-12.)
Section
4.1100
4.1100.1
4.1101
4.1101.1
Purpose of Programs.
Funding of Programs.
Administration.
Definition of Health Service Credit.
Sec. 4.1100. Purpose of Programs.
It is the purpose of this Chapter to establish Los Angeles City Employees’ Retirement System (“LACERS”) health and welfare programs, as authorized by the
City Council, for employees who are retired pursuant to the provisions of Division 4, Chapter 10 of the Administrative Code and their eligible dependents.
SECTION HISTORY
Added by Ord. No. 145,067, Eff. 10-8-73.
Amended by: Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; Chapter and Section In Entirety, Ord. No. 174,365, Eff. 12-14-01; Title, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1100.1. Funding of Programs.
The health and welfare programs authorized in this Chapter, including all administrative costs, shall be funded solely from the 401(h) account within the Los
Angeles City Employees' Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles.
SECTION HISTORY
Added by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1101. Administration.
The health and welfare programs established in this Chapter shall be administered by the Board of Administration of the Los Angeles City Employees'
Retirement System (Board). In furtherance thereof, the Board shall contract for suitable plans as authorized in Article 2 of this Chapter to be made available to
former employees retired pursuant to the provisions of Division 4, Chapter 10 of the Administrative Code, and shall have the power to adopt such rules as it deems
necessary to administer the health and welfare programs.
SECTION HISTORY
Added by Ord. No. 145,067, Eff. 10-8-73.
Amended by: Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,365, Eff. 12-14-01; Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1101.1. Definition of Health Service Credit.
For purposes of this Chapter, Health Service Credit shall include any service credit authorized in Chapter 10 of Division 4 of this Code which may be taken
into consideration for purposes of qualifying for benefits provided in this Chapter, but shall exclude any buy back of service under Section 4.1052.1 or any other
provision that prohibits purchased service or service credit from being used to qualify for benefits provided in this Chapter. Provided, however, that employees
whose service credit is based on periods of part-time and less than full-time employment and who became members of the Los Angeles City Employees' Retirement
System prior to April 23, 1990, shall receive full, rather than pro-rated, Health Service Credit for periods of service for which their service credit is pro-rated due to
being less than full-time.
SECTION HISTORY
Added by Ord. No. 182,196, Eff. 8-8-12.
ARTICLE 2
AUTHORIZED HEALTH AND WELFARE PROGRAMS
Section
4.1102
4.1102.3
Establishment of Programs.
Discretionary Medical Plan and Dental Plan Benefit Changes.
Sec. 4.1102. Establishment of Programs.
The following health and welfare programs are established herein:
(a)
A Medical Plan Program which the Board is to administer in accordance with the provisions of Section 4.1101 and Article 3 of this Chapter.
(b)
A Medicare Part B Premium Reimbursement Program which the Board is to administer in accordance with the provisions of Section 4.1101
and Article 4 of this Chapter.
(c)
A Dental Plan Program which the Board is to administer in accordance with the provisions of Section 4.1101 and Article 5 of this Chapter.
(d)
A Medical Premium Reimbursement Program which the Board is to administer in accordance with the provisions of Section 4.1101 and Article
6 of this Chapter.
(e)
A Survivor Medical Plan Premium Subsidy Program which the Board is to administer in accordance with the provisions of Section 4.1101 and
Article 7 of this Chapter.
(f)
A Health Insurance Reciprocal Subsidy Credit Program which the Board is to administer in accordance with the provisions of Section 4.1101
and Article 8 of this Chapter.
SECTION HISTORY
Added by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1102.1 Establishment of Medical Plan Program.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1102.2 Establishment of Dental Plan Program.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1102.3 Discretionary Medical Plan and Dental Plan Benefit Changes.
The Board may make discretionary Medical Plan and Dental Plan benefit changes as long as these involve cost increases of no more than one-half of one
percent in total annual premium cost. The Board may make changes greater than the above level as long as the changes are submitted to the City Council for
review. Any increases that are not acted upon by the Council within 30 days after receipt by the City Clerk of the report to Council for consideration of the increase
are deemed approved. Should the Council reject the increase approved by the Board, the Council shall determine the amount, if any, by which the total annual
premium cost shall be increased and shall adopt such change by resolution.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Amended by: Title and Section, Ord. No. 182,196, Eff. 8-8-12.
ARTICLE 3
MEDICAL PLAN PREMIUM SUBSIDY
Section
4.1103
4.1103.1
4.1103.2
4.1103.3
4.1103.4
Medical Plan Premium Subsidy.
Maximum Medical Plan Premium Subsidy.
Eligibility for a Retired Employee Medical Plan Premium Subsidy.
Verification of Medical Plan Coverage.
Vested Right to Maximum Medical Plan Premium Subsidy Increases.
Sec. 4.1103. Medical Plan Premium Subsidy.
In order for a medical plan premium subsidy to be provided for a retired employee as hereinafter provided, the retiree must be enrolled in plan(s) administered
by the Board as part of the Medical Plan Program.
The medical plan premium subsidy and administrative costs will be provided solely from the 401(h) account within the Los Angeles City Employee's
Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles, upon the conditions hereafter set forth in order to lessen or defray part or all
of the cost of such medical plan(s) to such eligible employee, as hereinafter defined.
SECTION HISTORY
Added by Ord. No. 145,067, Eff. 10-8-73.
Amended by: Subsec. (c), Ord. No. 157,226, Eff. 12-10-82, Oper. 1-1-83; In Entirety, Ord. No. 165,622, Eff. 4-22-90; Subsec. (g), Added by Ord. No. 171,305, Eff. 10-2-96;
Subsecs. (d) and (e), Ord. No. 171,743, Eff. 10-1-97; Subsecs. (a), (b), (c) and (f), Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,365, Eff. 12-1401; Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1103.1. Maximum Medical Plan Premium Subsidy.
(a)
For Tier 1 Retirees. The maximum monthly medical plan premium subsidy is $1,190 for retired employees who are retired from Tier 1. Beginning
July 1, 2011, the Board, in its discretion, may change by resolution the maximum monthly amount of the medical plan premium subsidy provided to Tier 1 members
retired on or before June 30, 2011, so long as any increase:
(1)
Does not exceed the dollar increase in the Kaiser two-party non-Medicare Part A and B premium; and
(2)
The average percentage increase for the first year of the increase and the preceding two years does not exceed the average assumed actuarial
medical trend rates for the same period.
Any change made by the Board that exceeds the limits set forth in (a)(1) or (a)(2) herein must be submitted for Council review accompanied by an actuarial
report. Any increases that are not acted upon by the Council within 30 days after receipt of the report to Council for consideration of the increase are deemed
approved. Should the Council reject the subsidy set by the Board, the Council shall determine the amount, if any, by which the subsidy shall be increased and shall
adopt such change by resolution.
No increases in the maximum monthly medical plan premium subsidy shall be provided to Tier 1 members retired on or after July 1, 2011. Notwithstanding all
of the forgoing, increases in the monthly medical premium subsidy provided to retired Tier 1 members subject to Section 4.1103.4 shall be governed by the
provisions of that Section, regardless of the date of retirement.
(b)
For Tier 2 Retirees. The maximum monthly medical plan premium subsidy is $596 for retired employees who are retired from Tier 2. The Board
shall, by resolution, adjust the maximum monthly amount of the medical plan premium subsidy provided to these retirees to maintain a monthly amount equal to the
single-party premium for the lowest cost standard plan, as defined by the Board, available to participants without Medicare Parts A and B.
SECTION HISTORY
Added by Ord. No. 159,915, Eff. 7-5-85.
Amended by: In Entirety, Ord. No. 165,622, Eff. 4-22-90; Subsecs. (a), (b), (d), (e), Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,365, Eff. 12-14-01;
Subsec. (a), Ord. No. 181,746, Eff. 6-20-11; In Entirety, Ord. No. 182,296, Eff. 11-12-12.
Sec. 4.1103.2. Eligibility for a Retired Employee Medical Plan Premium Subsidy.
Upon written application by an eligible retired employee and verification that the applicant is and remains enrolled, to the extent of the retiree's entitlement, in
Part B or Part A and Part B of Medicare, the following medical plan premium subsidy shall be paid:
(a)
Those retired employees who are receiving a service retirement allowance or a disability retirement allowance, who do not qualify for benefits
under Part A of Medicare, who have at least ten years of Health Service Credit and who are age fifty-five years or older, shall have paid to their approved
medical plan carrier on their behalf the following amount:
Basic Monthly Subsidy: For ten years of Health Service Credit, 40% of the maximum monthly medical plan premium subsidy amount
established pursuant to the provisions of Section 4.1103.1 or Section 4.1103.4, as applicable.
Additional Monthly Subsidy. For more than ten years of Health Service Credit:
- For Tier 1 retirees, add 4% of the maximum monthly medical plan premium subsidy to the Basic Monthly Subsidy for each whole year
of Health Service Credit in excess of ten years.
- For Tier 2 retirees, add 3% of the maximum monthly medical plan premium subsidy to the Basic Monthly Subsidy for each whole year
of Health Service Credit in excess of ten years.
Maximum Monthly Subsidy. No retired employee shall have paid to his or her medical plan carrier an amount exceeding the maximum
monthly amount established pursuant to Section 4.1103.1 or Section 4.1103.4, as applicable, or receive an amount in excess of the premium of the
plan in which they are enrolled.
Dependent Monthly Subsidy.
- For Tier 1 retirees, the monthly medical plan premium subsidy shall be applied first to the retiree's medical plan coverage with any
balance applied toward the coverage of the retiree's dependent(s).
- For Tier 2 retirees, none of the subsidy may be applied toward coverage for dependents of Tier 2 retirees.
(b)
For both Tier 1 and Tier 2 Retirees: Those retired employees with at least ten years of Health Service Credit who are receiving an allowance
pursuant to Chapter 10 of the Los Angeles Administrative Code and who qualify for benefits under Part A and Part B of Medicare, shall have paid to the
medical plan carrier providing them with a plan supplemental to Medicare coverage the following amount: For ten years but less than fifteen years of
Health Service Credit, 75% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the retired
employee is enrolled. For fifteen years or more but less than twenty years of Health Service Credit, 90% of the single-party monthly premium of the
approved medical plan supplemental to Medicare coverage in which the retired employee is enrolled. For twenty or more years of Health Service Credit,
100% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the retired employee is enrolled.
For Tier 1 retirees, the amount of the medical plan premium subsidy which is applied toward the coverage of dependents of a retiree enrolled in both
Part A and Part B of Medicare shall not exceed that amount which may be applied toward the coverage of the dependent(s) of a Tier 1 retiree not enrolled in
both Medicare Part A and Part B of Medicare and covered by the same medical plan and with the same years of Health Service Credit.
For Tier 2 retirees, none of the subsidy may be applied toward coverage for dependents of Tier 2 retirees.
Effective July 1, 2011, no increases in the amounts paid to the medical plan carriers under this Subsection (b) shall be provided on behalf of Tier 1
members retired on or after July 1, 2011, or their dependents. Notwithstanding all of the foregoing, increases in the amounts paid to medical plan carriers
provided on behalf of retired Tier 1 members subject to Section 4.1103.4 shall be governed by the provisions of this Subsection (b) regardless of the date of
retirement.
(c)
The Board may require retirees to enroll in and assign to LACERS any coverage that is provided by Medicare in order to qualify to receive the
subsidy provided in this Section.
(d)
In no event shall the subsidy provided in this Section, when added to any other medical plan subsidy provided by the Department of Water and
Power or the Fire and Police Pension Plan, exceed the maximum amount established in Section 4.1103.1 or in Section 4.1103.4, as applicable.
SECTION HISTORY
Added by Ord. No. 170,748, Eff. 12-3-95, Oper. 12-3-95.
Amended by: Subsecs. (c) and (e), Ord. No. 171,743, Eff. 10-1-97; Subsecs. (a), (b) and (c), Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,365, Eff. 12-1401; Subsecs. (a), (b) and (d), Ord. No. 181,734, Eff. 6-8-11; Last Para. of Subsec. (c) Added, Ord. No. 181,746, Eff. 6-20-11; Title and Section, Ord. No. 182,196, Eff. 8-812; Title and Section, Ord. No. 182,296, Eff. 11-12-12.
Sec. 4.1103.3. Verification of Medical Plan Coverage.
Retired employees who are receiving a medical plan premium subsidy payable to their medical plan carrier pursuant to the provisions of this Chapter may be
required from time to time to provide evidence satisfactory to the Board that their medical plan coverage or Medicare or other federal or state funded medical plan
is in full force and effect.
SECTION HISTORY
Added by Ord. No. 171,305, Eff. 10-2-96.
Amended by: Subsec. (e), Ord. No. 171,854, Eff. 12-18-97; In Entirety, Ord. No. 174,365, Eff. 12-14-01.
Sec. 4.1103.4. Vested Right to Maximum Medical Plan Premium Subsidy Increases.
Notwithstanding the provisions of Section 4.1103.1, any member who at any time made an additional contribution to the Retirement Fund as provided in
Section 4.1031.2(c) of this Code shall obtain a vested right to, and the Board by resolution shall set, the increase in the maximum medical plan subsidy provided to
such members at an amount not less than the dollar increase in the Kaiser two-party non-Medicare Part A and Part B premium.
SECTION HISTORY
Added by Ord. No. 181,734, Eff. 6-8-11.
Amended by: Ord. No. 182,196, Eff. 8-8-12.
ARTICLE 4
MEDICARE PART B PREMIUM REIMBURSEMENT PROGRAM
(Title Amended by Ord. No. 182,196, Eff. 8-8-12.)
Section
4.1104
4.1104.1
Reimbursement for Medicare Part B Premium.
Verification of Eligibility for Medicare Part B Premium Reimbursement.
Sec. 4.1104. Reimbursement for Medicare Part B Premium.
In order to participate in the Medicare Part B Premium Reimbursement Program, a retired employee must be eligible to receive a medical plan premium
subsidy, enrolled in Medicare Parts A and B, and must be either enrolled in a medical plan supplemental to Medicare administered by the Board or be participant in
the Medical Premium Reimbursement Program. Only retired employees may participate in this program.
The Medicare Part B reimbursement and administrative costs will be provided solely from the 401(h) account within the Los Angeles City Employee's
Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles, upon the conditions hereafter set forth in order to reimburse the cost of
Medicare Part B to such eligible employee, as hereafter defined. Medicare Part B premium reimbursement shall be limited to the Medicare Part B basic premium
(Medical Insurance). No reimbursement shall be paid for Medicare Part B costs that exceed the basic premium.
SECTION HISTORY
Added by Ord. No. 145,067, Eff. 10-8-73.
Amended by: In Entirety, Ord. No. 174,365, Eff. 12-14-01; Title and Section, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1104.1. Verification of Eligibility for Medicare Part B Premium Reimbursement.
Premium reimbursement shall be paid to a retiree who qualifies to participate in this program when sufficient proof of the retiree's Medicare Part A and Part B
enrollment, coverage, and premium payment has been made as required by the Board.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Amended by: Title and Section, Ord. No. 182,196, Eff. 8-8-12.
ARTICLE 5
DENTAL PLAN PREMIUM SUBSIDY
Section
4.1105
4.1105.1
4.1105.2
Dental Plan Premium Subsidy.
Maximum Dental Plan Premium Subsidy.
Eligibility for a Retired Employee Dental Plan Premium Subsidy.
Sec. 4.1105. Dental Plan Premium Subsidy.
In order for a dental plan premium subsidy to be provided for a retired employee as hereafter provided, the retiree must be enrolled in a dental plan
administered by the Board as part of the Dental Plan Program.
The dental plan premium subsidy and administrative costs will be provided solely from the 401(h) account within the Los Angeles City Employee's Retirement
Fund established by Section 1154 of the Charter of the City of Los Angeles, upon the conditions hereafter set forth in order to lessen or defray part or all of the cost
of such dental plan to such eligible employee, as hereafter defined.
SECTION HISTORY
Added by Ord. No. 145,067, Eff. 10-8-73.
Amended by: Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,365, Eff. 12-14-01; Title and Section, Ord. No. 182,196, Eff. 8-8-12.
Sec. 4.1105.1. Maximum Dental Plan Premium Subsidy.
The maximum subsidy shall be the amount provided by the Council for active employees. The Board, in its discretion, may by resolution, increase or decrease
the monthly amount of dental subsidy to reflect changes in the subsidy provided by the City for active employees, or to offset any increases or decreases in the level
of benefits or the cost thereof, as the result of changes in existing benefits or the addition of newly created benefits by federal or state funded programs.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Sec. 4.1105.2. Eligibility for a Retired Employee Dental Plan Premium Subsidy.
(a)
Those retired employees who are receiving a service retirement allowance or a disability retirement allowance, and who have at least ten years of
Health Service Credit as members of the Los Angeles City Employees' Retirement System and who are age fifty-five years or older, shall have paid to their
approved dental plan carrier on their behalf the following amount:
Basic Monthly Subsidy: For ten years of Health Service Credit, 40% of the maximum monthly dental plan premium subsidy amount established
pursuant to the provisions of Section 4.1105.1.
Additional Monthly Subsidy. For more than ten years of Health Service Credit:
- For Tier 1 retirees, add 4% of the maximum monthly dental plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health
Service Credit in excess of ten years.
- For Tier 2 retirees, add 3% of the maximum monthly dental plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health
Service Credit in excess of ten years.
Maximum Monthly Subsidy. No retired employee shall have paid to his or her dental plan carrier an amount exceeding the maximum monthly
amount established pursuant to Section 4.1105.1 or receive an amount in excess of the premium of the plan in which they are enrolled.
Dependent Monthly Subsidy. There is no dental plan premium subsidy for dependents.
(b)
In no event shall the subsidy provided in this Section, when added to any other dental plan subsidy provided by the Department of Water and Power or
the Fire and Police Pension Plan, exceed the maximum subsidy established in Section 4.1105.1.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Amended by: Ord. No. 182,196, Eff. 8-8-12; Subsec. (a), Ord. No. 182,296, Eff. 11-12-12.
ARTICLE 6
MEDICAL PREMIUM REIMBURSEMENT PROGRAM
(Title Amended by Ord. No. 182,196, Eff. 8-8-12.)
Section
4.1106
Medical Premium Reimbursement Program.
Sec. 4.1106. Medical Premium Reimbursement Program.
(a)
Upon written application and verification, as required by the Board, those retired employees who are receiving an allowance pursuant to Chapter 10 of
Division 4 of this Code and who have at least ten years of Health Service Credit, are age fifty-five years or older, and reside more than three months of the year:
(1)
outside the state of California; or
(2)
in the state of California, but not within a LACERS administered HMO medical plan zip code service area,
and are enrolled in a federally qualified HMO or a state regulated health insurance plan, shall be eligible for the medical plan premium reimbursement, as follows:
1.
Not Enrolled in Medicare Part A and Part B.
A.
Basic Monthly Reimbursement: For ten years of Health Service Credit, 40% of the maximum monthly medical plan premium
reimbursement amount established pursuant to the provisions of Subsection (b) herein.
B.
Additional Monthly Reimbursement: For more than ten years of Health Service Credit:
- For Tier 1 retirees, add 4% of the maximum monthly medical plan premium reimbursement amount to the Basic Monthly
Reimbursement for each whole year of Health Service Credit in excess of ten years.
- For Tier 2 retirees, add 3% of the maximum monthly medical plan premium reimbursement amount to the Basic Monthly
Reimbursement for each whole year of Health Service Credit in excess of ten years.
Maximum Monthly Subsidy. The amount paid shall not exceed the maximum monthly medical plan premium reimbursement established
pursuant to the provisions of Subsection (b) herein or the amount of the plan premium being reimbursed.
Dependent Reimbursement. For Tier 1 retirees, the monthly medical plan premium reimbursement shall be applied first to the retiree's
medical plan coverage with any balance applied toward the coverage of the retiree's dependent(s) under the same medical plan. Premium
reimbursement may not be applied toward coverage for dependents of Tier 2 retirees.
2.
Enrolled in Medicare Part A and Part B. For ten years or more, but less than 15 years of Health Service Credit, 75% of the monthly medical
plan premium reimbursement amount established pursuant to the provisions of Subsection (c) herein. For 15 years or more but less than 20 years of Health
Service Credit, 90% of the monthly medical plan premium reimbursement amount established pursuant to the provisions of Subsection (c) herein. For 20 or
more years of Health Service Credit, 100% of the monthly medical plan premium reimbursement amount established pursuant to the provisions of
Subsection (c) herein.
The Board shall establish the reimbursement policy for dependents of Tier 1 members, but there shall be no reimbursement for dependents of Tier 2
members.
(b)
The Board shall set the maximum medical plan premium reimbursement for non-Medicare eligible retirees in the same manner as in Section 4.1103.1
or Section 4.1103.4, as applicable, of this Chapter.
(c)
Effective January 1, 2011, the maximum monthly medical plan premium reimbursement for retirees enrolled in Parts A and B of Medicare shall be
$480.41. The Board, in its discretion, may by resolution increase the monthly amount of medical plan premium reimbursement of retirees enrolled in Parts A and B
of Medicare, provided that the amount of the maximum monthly medical plan premium reimbursement shall not exceed 100% of the single-party monthly premium
of the highest cost approved medical plan supplemental to Medicare coverage provided by LACERS.
Effective July 1, 2011, no increases in the maximum reimbursement amount paid to retired members of Tier 1 under this Subsection (c) shall be provided to
members of Tier 1 who retired on or after July 1, 2011. Notwithstanding all of the foregoing, increases in the reimbursement amount provided to retired Tier 1
members subject to Section 4.1103.4 shall be governed by the provisions of this Subsection (c) regardless of the date of the member's retirement.
(d)
In no event shall the reimbursement provided in this section, when added to any other medical plan subsidy provided by the Department of Water and
Power or the Fire and Police Pension Plan, exceed the maximum amount established in Subsection (b) herein.
(e)
Any person who is eligible to receive the survivor medical plan premium subsidy provided in Section 4.1107 of this Chapter, but who lives outside the
state of California or in the state of California, but not within a LACERS administered HMO medical plan zip code service area, may qualify for the medical
premium reimbursement program provided in this section except that the amount of reimbursement shall not exceed the amount that he or she would have received
as a medical plan premium subsidy under Section 4.1107.
SECTION HISTORY
Added by Ord. No. 145,067, Eff. 10-8-73.
Amended by: In Entirety, Ord. No. 174,365, Eff. 12-14-01; Subsec. (a), Ord. No. 175,224, Eff. 5-22-03; Subsec. (c), Ord. No. 181,734, Eff. 6-8-11; Last Para. of Subsec. (d) Added,
Ord. No. 181,746, Eff. 6-20-11; Title and Section, Ord. No. 182,196, Eff. 8-8-12; Subsecs. (a), (b) and (c), Ord. No. 182,296, Eff. 11-12-12.
ARTICLE 7
SURVIVOR MEDICAL PLAN PREMIUM SUBSIDY
(Title Amended by Ord. No. 182,196, Eff. 8-8-12.)
Section
4.1107
Survivor Medical Plan Premium Subsidy.
Sec. 4.1107. Survivor Medical Plan Premium Subsidy.
The survivor medical plan premium subsidy authorized in this Section shall only be provided to the survivors of Tier 1 members or retirees, on the terms set
forth herein, and shall not be provided to the survivors of Tier 2 members or retirees.
(a)
A survivor medical plan premium subsidy shall be provided to the following survivors ("eligible survivors"):
A surviving spouse who is receiving a monthly benefit as either an eligible spouse under Section 4.1044 of this Code, an eligible surviving spouse under
Section 4.1054 of this Code, or a surviving spouse who elected to receive the benefit provided in Subsection 4.1062(a)(3) of this Code, shall become eligible for the
medical plan premium subsidy provided in this section either on the date of the deceased's death, if the deceased was eligible for a medical plan premium subsidy at
that time, or on the date the deceased would have become eligible for a medical plan premium subsidy had he or she not died, based upon the deceased's Health
Service Credit.
A surviving domestic partner who is receiving a monthly benefit pursuant to Subsection 4.1044.4(a)(1) or 4.1044(a)(2) of this Code or who elected to receive
the monthly benefit provided in Subsection 4.1062(a)(3) of this Code, shall become eligible for the medical plan premium subsidy provided in this section either on
the date of the deceased's death, if the deceased was eligible for a medical plan premium subsidy at that time, or on the date the deceased would have become
eligible for a medical plan premium subsidy had he or she not died, based upon the deceased's Health Service Credit.
Provided, however, that a surviving spouse or domestic partner who would not have been eligible for a survivor benefit except for an election made by a retiree
to provide a continuance benefit funded solely by a reduction in his or her retirement allowance, shall not be eligible for the survivor benefit provided in this
section.
In order to receive the medical plan premium subsidy provided in this Section, the eligible survivor must be enrolled in a medical plan administered by the
Board.
(b)
The survivor medical plan premium subsidy for an eligible survivor who does not qualify for benefits under Part A of Medicare Part A shall be:
Basic Monthly Subsidy. For ten years of the member's Health Service Credit, 40% of the maximum monthly medical plan premium subsidy amount
established in this subsection.
Additional Monthly Subsidy. For more than ten years of the member's Health Service Credit, add 4% of the maximum monthly medical plan
premium subsidy to the Basic Monthly Subsidy for each whole year of Health Service Credit in excess of ten years.
Maximum Monthly Subsidy. The maximum monthly medical plan premium subsidy shall be the single-party premium for the lowest cost plan
available to participants without Medicare Parts A and B.
(c)
The survivor medical plan premium subsidy for an eligible survivor who qualifies for benefits under Part A and Part B of Medicare shall be:
For ten years but less than 15 years of the member's Health Service Credit, 75% of the single-party monthly premium of the approved medical plan
supplemental to Medicare coverage in which the eligible survivor is enrolled.
For 15 years but less than 20 years of the member's Health Service Credit, 90% of the single-party monthly premium of the approved medical plan
supplemental to Medicare coverage in which the eligible survivor is enrolled.
For 20 or more years of the member's Health Service Credit, 100% of the single-party monthly premium of the approved medical plan supplemental to
Medicare coverage in which the eligible survivor is enrolled.
(d)
An eligible survivor who is age 65 or older must enroll in Medicare as required by the Board in order to receive the subsidy authorized in this Section. (e)
This benefit was enacted effective December 14, 2001, and shall not be paid for any period prior to that time.
(f)
Effective July 1, 2011, no increases in the amounts paid to the medical plan carriers under Subsections (b) and (c) of this Section shall be provided on
behalf of survivors of members retired on or after July 1, 2011, or on behalf of survivors of members who die on or after July 1, 2011, prior to retirement. Notwithstanding all of the foregoing, increases in the amounts paid on behalf of survivors of members subject to Section 4.1103.4 shall be governed by the
provisions of Subsection (b) and (c) of this Section, as applicable, regardless of the date of the member's retirement or death.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Amended by: Subsec. (f) Added, Ord. No. 181,746, Eff. 6-20-11; Title and Section, Ord. No. 182,196, Eff. 8-8-12; First Para. Added, Ord. No. 182,296, Eff. 11-12-12.
Sec. 4.1107.1. Domestic Partner Eligibility for Medical Plan Premium Subsidy.
SECTION HISTORY
Added by Ord. No. 174,365, Eff. 12-14-01.
Repealed by Ord. No. 182,196, Eff. 8-8-12.
ARTICLE 8
RETIREE HEALTH INSURANCE RECIPROCAL SUBSIDY CREDIT PROGRAM (LACERS AND LACERA)
Section
4.1108
Reciprocal Subsidy Credit Program.
Sec. 4.1108. Reciprocal Subsidy Credit Program.
(a)
The City of Los Angeles (CITY) and County of Los Angeles (COUNTY) have agreed to enter into an "Agreement For Retiree Health Insurance
Reciprocal Subsidy Credit for County General and City Civilian Retirement Members" (Agreement) that is subject to amendment or termination as specified in the
Agreement. The Agreement provides a reciprocal health insurance subsidy credit for retiree health insurance for certain retirees of the Los Angeles City Employees'
Retirement System (LACERS) and the Los Angeles County Employees Retirement Association (LACERA). Accordingly, the following provisions, substantially as
contained in the Agreement, are incorporated in the CITY's Reciprocal Subsidy Credit Program;
(1)
COUNTY agrees that all general members of LACERA who retire from COUNTY service on or after the effective date of the Agreement may
receive reciprocal health insurance subsidy credit for eligible retirement service with the CITY in calculating the amount of the COUNTY contribution
toward the premium for the COUNTY health insurance program for retired general members (or their eligible dependents or survivors) administered by
LACERA pursuant to an agreement between COUNTY and LACERA dated April 20, 1982, as amended, provided such LACERA general members:
(A)
were previously employed by CITY;
(B)
were members of LACERS;
(C)
receive full or limited reciprocal retirement benefits as defined below in (E)(i) and (ii) of this subdivision through agreement with the
California Public Employees' Retirement System (PERS) from LACERA based on such prior CITY employment,
(D)
meet the requirements set forth in subdivisions (3) through (5) below, and
(E)
for purposes of this subdivision:
(i)
"full reciprocal retirement benefits" applies to persons who transferred within six months from the CITY to the COUNTY on or
after July 14, 1997;
(ii)
"limited reciprocal retirement benefits" applies to persons who transferred within six months from the CITY to the COUNTY
prior to July 14, 1997; and
(iii)
"eligible retirement service" with the CITY shall be limited to service otherwise recognized by the CITY under the CITY's
retiree health insurance subsidy credit program.
(2)
CITY agrees that all members of LACERS who retire from CITY service on or after the effective date of the Agreement may receive reciprocal
health insurance subsidy credit for eligible retirement service with the COUNTY in calculating the amount of the CITY contribution toward the premium for
the CITY health insurance program for retired members (or their eligible dependents or survivors) administered by LACERS, provided such LACERS
members:
(A)
were previously employed by COUNTY;
(B)
were general members of LACERA;
(C)
receive full or limited reciprocal retirement benefits as defined below in (E)(i) and (ii) of this subdivision through agreement with PERS
from LACERS based on such prior COUNTY employment,
(D)
meet the requirements set forth in subdivisions (3) through (5) below; and
(E)
for purposes of this subdivision:
(i)
"full reciprocal retirement benefits" applies to persons who transferred within six months from the COUNTY to the CITY on or
after July 14, 1997;
(ii)
"limited reciprocal retirement benefits" applies to persons who transferred within six months from the COUNTY to the CITY
prior to July 14, 1997; and (iii)
"eligible retirement service" with the COUNTY shall be limited to service otherwise recognized by the COUNTY under the
COUNTY'S retiree health insurance subsidy credit program.
(3)
The Agreement shall apply to each COUNTY and CITY retiree who is eligible for reciprocal health insurance subsidy credit for retiree health
insurance under the Agreement if, at the time of retirement, such retiree has eligible retirement service with the CITY and eligible retirement service with the
COUNTY that, in the aggregate, totals at least ten (10) years.
(4)
A retiree receiving reciprocal health insurance subsidy credit for retiree health insurance under the Agreement must elect the health insurance
program of the party (COUNTY or CITY) with which the retiree has the most eligible retirement service. The retiree may, instead, elect to receive health
insurance benefits from LACERA if the retiree has a minimum of eight (8) years of uncombined eligible retirement service with the COUNTY or from
LACERS if the retiree has a minimum of eight (8) years of uncombined eligible retirement service with the CITY. The retiree's election shall be irrevocable
and is binding upon the retiree's eligible dependents or survivor.
(5)
An eligible survivor of a deceased active member shall be entitled to elect to receive reciprocal health insurance subsidy credit for retiree health
insurance under the Agreement at such time as the member would have become eligible to receive reciprocal health insurance subsidy credit for retiree
health insurance under the Agreement.
(6)
Each COUNTY or CITY retiree or eligible survivor of a retiree or deceased active member retains the right to elect health insurance benefits
otherwise provided by LACERA or LACERS in lieu of electing reciprocal health insurance subsidy credit for retiree health insurance under the Agreement. Such election shall be irrevocable.
(7)
In no event shall a COUNTY or CITY retiree (or his or her eligible dependents or survivor) be entitled to participate in both COUNTY and
CITY health insurance programs provided by LACERA or LACERS based on the provisions of the Agreement, or to receive duplicate health insurance
subsidy credit for service recognized by the COUNTY or CITY. Nothing in the Agreement shall be construed to confer benefits to any person who does not
qualify for health insurance provided by LACERA or LACERS.
(8)
The Agreement shall not extend reciprocal health insurance subsidy credit for retiree health insurance to safety members of LACERA or to
members of any CITY retirement systems other than LACERS.
(9)
The provisions of the Agreement shall be applicable commencing the later of:
(A)
the date the Agreement is executed; (B)
the date the retiree meets the conditions set forth in the Agreement; or (C)
the date the retiree or eligible survivor of a deceased active member makes application to LACERA for the reciprocal health insurance
subsidy credit for retiree health insurance provided for in the Agreement, or to LACERS for the reciprocal health insurance subsidy credit for retiree
health insurance provided for in the Agreement.
(10)
In no event shall the Agreement be construed to require any expenditure on the part of COUNTY or CITY for any period prior to the date a
retiring employee or eligible survivor of a deceased active member makes application to LACERA or LACERS for the reciprocal health insurance subsidy
credit for retiree health insurance provided for in the Agreement.
(11)
The COUNTY and CITY agree that the cost of reciprocal health insurance subsidy credit for retiree health insurance provided for in the
Agreement will be reassessed at least every five (5) years. The cost of these valuations will be borne equally by the COUNTY and CITY. The Agreement
may be amended at any time upon mutual consent of the COUNTY and CITY to maintain a de minimis cost to both COUNTY and CITY. (12)
The Agreement may be terminated by either the COUNTY or CITY, in its sole discretion, at any time upon serving the other party with
written notification. The effective date of termination shall be one year from the date of the termination letter.
(13)
In the event of amendment or termination of the Agreement, each retiree or eligible survivor currently receiving reciprocal health insurance
subsidy credit for retiree health insurance under the Agreement as of the date of such amendment or termination will continue to receive the same subsidy
credit in calculating the amount of the COUNTY or CITY contribution toward the retiree's or eligible survivor's health insurance premium.
(14)
In the event of amendment or termination of the Agreement, COUNTY or CITY employees in active service as of the date of such amendment
or termination shall be eligible upon retirement to receive reciprocal health insurance subsidy credit for retiree health insurance under the Agreement as
provided as of the earliest date of membership in either LACERA or LACERS, provided that:
(A)
such employee has eligible retirement service with COUNTY and with CITY as of the date the program is amended or terminated, and
(B)
such employee meets all other requirements of the Agreement, or of the Agreement as amended, as of the date the employee retires.
(b)
The Board of Administration of the Los Angeles City Employees' Retirement System shall administer the Reciprocal Subsidy Credit Program for the
CITY and shall make any changes to the Reciprocal Subsidy Credit Program that are necessitated due to Los Angeles City Council approved amendments or
termination of the Agreement between the CITY and the COUNTY.
SECTION HISTORY
Added by Ord. No. 176,350, Eff. 12-27-04.
CHAPTER 11.5
HEALTH INSURANCE AND OTHER BENEFITS FOR FIRE AND POLICE PENSION PLANS
(Title Amended by Ord. No. 173,028, Eff. 1-17-00;
Reference to Article 10 Deleted and Chapter Amended by Ord. No. 179,538, Eff. 3-2-08.)
Section
4.1151
4.1152
4.1153
4.1154
4.1154.1
4.1154.2
4.1154.3
4.1154.4
4.1155
4.1157
4.1161
4.1162
4.1163
4.1164
4.1166
4.1167
Purpose of the Program.
Administration.
Subsidies to Be Provided for Approved Plans Only.
Eligibility for a Health Insurance Premium Subsidy.
Health Insurance Premium Subsidy Program for Members of the Police Officers, Lieutenant and below Representation Unit.
Health Insurance Premium Subsidy Program for Members of the Police Officers. Captain and above Representation Unit.
Health Insurance Premium Subsidy Program for Members of the Firefighters and Fire Captains Representation Unit.
Health Insurance Premium Subsidy Program for Members of the Fire Chief Officers Representation Unit.
Verification of Health Insurance Coverage.
Director of the Office of Administrative and Research Services to Review Health Insurance Program.
Surviving Spouse’s and Domestic Partner’s Eligibility for Health Insurance Premium Subsidy.
Additional Subsidy for Reimbursement of Medicare Part B Basic Premium.
Eligibility for Reimbursement of Health Insurance Premiums to Eligible Retired Members, Their Qualified Surviving Spouses or Qualified Domestic
Partners.
Dental Insurance Premium Subsidy for Retired Members.
2011 Medical Plan Premium Subsidy and Reimbursement Freeze.
Election to Make Voluntary Additional Contributions in Exchange for Vested Rights to Increases in Subsidies or Reimbursements for Retiree Health
Benefits.
Sec. 4.1150. Definitions.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80.
Amended by: Ord. No. 172,040, Eff. 7-3-98; Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00.
Deleted by Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1151. Purpose of the Program.
It is the purpose of this Chapter to provide a program whereby retired members or beneficiaries, if eligible, pursuant to the terms and conditions hereinafter set
forth in this Chapter, shall have subsidy payments made on their behalf for such benefit program or programs specified in Sections 1330, 1428, 1518, 1618 or 1718
of the Charter or Section 4.2018 of the Administrative Code as may be authorized by the Council by ordinance, subject to such conditions of entitlement as may be
set forth in such ordinance in accordance with the provisions and limitations of Sections 1330, 1428, 1518, 1618 or 1718 of the Charter or Section 4.2018 of the
Administrative Code.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80.
Amended by: Ord. No. 172,040, Eff. 7-3-98; Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; Ord. No. 176,731, Eff. 6-21-05; Ord. No. 179,538, Eff. 3-2-08; Ord. No. 181,770, Eff. 78-11.
Sec. 4.1152. Administration.
Any program established by this chapter shall be administered by the Board of Fire and Police Pension Commissioners (hereinafter referred to as “the
Board”). In furtherance thereof, the Board shall provide suitable health, medical, hospital or other plans as may be authorized by ordinance and shall have the
power to adopt such rules as it deems necessary to administer the program.
Notwithstanding the foregoing provisions, the Board may in its discretion, and subject to the approval of the City Council and the Mayor, authorize the
Personnel Department to administer any program, in which case such authorization may include the power to negotiate and establish health, medical and hospital
plan or plans, provided, however, that the Board shall retain the power to sign necessary service agreements or to execute contracts, and, provided further that the
Board shall reimburse the General Fund of the City of Los Angeles for all necessary expenses incurred by the Personnel Department in the administration of such
program.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80.
Amended by: Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1153. Subsidies to be Provided for Approved Plans Only.
In order that a subsidy be paid on behalf of a beneficiary as hereinafter provided, said beneficiary must be enrolled in a plan approved by the Board or by the
Personnel Department if so authorized by the Board.
The cost of any subsidy hereunder provided and the Board's administrative costs connected therewith shall be provided solely by the Fire and Police Pension
Plan, as provided in Sections 1320, 1416, 1510, 1610 and 1710 of the Charter and Section 4.2010 of the Administrative Code.
SECTION HISTORY
Added by Ord No. 140,714, Eff. 3-21-75.
Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80.
Amended by: Last unnumbered para, Ord. No. 172,040, Eff. 7-3-98; Second Para., Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; Second Para., Ord. No. 176,731, Eff. 6-21-05;
Second Para., Ord. No. 181,770, Eff. 7-8-11.
Sec. 4.1154. Eligibility for a Health Insurance Premium Subsidy.
Upon written application by eligible retired members not qualified for Medicare or upon written application by eligible retired members and verification that
the applicant is and remains enrolled, to the extent of his or her entitlement, in federally-funded Part A or Part B or Part A and Part B of Medicare, the following
monthly health subsidy amounts shall be paid:
(a)
Those retired members retired pursuant to the provisions of Section 1304 or Section 1408 of the Charter respectively, who are receiving a
service pension in accordance with the terms of either one of said Sections 1304 or 1408 and who are age sixty (60) years or older, shall have paid to their
approved health insurance carrier on their behalf the following amount:
Basic Monthly Subsidy: For twenty (20) "years of service" as said term is defined in Section 1406(m) of the Charter, 80% of the maximum
monthly health subsidy amount as established in Subsection (e) of this section, subject to the limitation hereinafter set forth in this section.
Additional Monthly Subsidy: For more than twenty (20) years of service, add to the Basic Monthly Subsidy 4% of the maximum monthly
health subsidy for each whole year of service in excess of twenty (20) years.
Maximum Monthly Subsidy: No eligible retired member shall have paid to his or her health insurance carrier an amount exceeding the
maximum monthly amount established pursuant to Subsection (e) of this section.
(b)
Those eligible retired members who do not qualify for benefits under Part A of the federally-funded Medicare program shall have paid to their
health insurance carrier on their behalf 4% of the maximum monthly subsidy for each whole year of service as hereinabove defined, not to exceed the
maximum monthly subsidy set forth in Subsection (a) of this section.
(c)
Those eligible members described in Subsection (a) of this section or those retired under the provisions of Sections 1310, 1312, 1412(a),
1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704, 1706(a), or 1706(b) of the Charter or Sections 4.2004, 4.2006(a), or 4.2006(b) of the
Administrative Code with a minimum of ten (10) Years of Service and who qualify for benefits under federally-funded Part A of Medicare, shall have paid
to the approved health insurance carrier providing them with a plan supplemental to Medicare coverage the following amount:
For ten (10) but less than fifteen (15) years of service, 75% of the qualifying monthly premium of the approved health insurance plan
supplemental to Medicare coverage in which the retired member is enrolled.
For fifteen (15) or more but less than twenty (20) years of service, 90% of the qualifying monthly premium of the approved health insurance
plan supplemental to Medicare coverage in which the retired member is enrolled.
For twenty (20) or more years of service, 100% of the qualifying monthly premium of the approved health insurance plan supplemental to
Medicare coverage in which the retired member is enrolled.
The qualifying monthly premium for eligible retired members, as used in this Subsection (c) shall mean the monthly premium of the member's
approved plan. However, if the monthly premium exceeds the highest monthly premium of an approved plan supplemental to Part A of Medicare available
to retired members of the Los Angeles City Employees' Retirement System then the premium for the latter shall be the qualifying monthly premium.
(d)
Those members retired under the provisions of Sections 1310, 1312, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704,
1706(a) or 1706(b) of the Charter or Sections 4.2004, 4.2006(a) or 4.2006(b) of the Administrative Code and receiving a pension under the terms of any of
those sections and who are age sixty (60) years or older, shall have paid to their approved health insurance carrier on their behalf the following amount:
Basic Monthly Subsidy: For ten (10) Years of Service as said term is defined in Sections 1406(m), 1502(m), 1602(m), and 1702(p) of the
Charter and Section 4.2002(m) of the Administrative Code, 40% of the maximum monthly health subsidy amount as established in Subsection (e) of
this Section, subject to the limitations hereinafter set forth in this Section.
Additional Monthly Subsidy: For more than ten (10) Years of Service, add to the Basic Monthly Subsidy 4% of the maximum monthly health
subsidy for each whole year of service in excess of ten (10) years.
Maximum Monthly Subsidy: No eligible retired member under the provisions of this Subsection (d) of this Section shall have paid to his or
her health insurance carrier an amount exceeding the maximum monthly amount established pursuant to Subsection (e) of this Section.
(e)
The maximum monthly subsidy towards the health insurance premium, effective July 1, 2005, but paid from the June 2005 payroll, is fixed at
$735.38 per month for all retired Plan members. The Board is authorized to make discretionary changes, on an annual basis beginning in 2006, to the
maximum monthly subsidy, so long as no increase exceeds the lesser of a 7% increase or the actuarial assumed rate for medical inflation for pre-65 health
benefits established by the Board for the applicable fiscal year.
Any change made by the Board that exceeds this limitation must be submitted for Council review accompanied by an actuarial report. Any increase
that is not acted upon by the Council within 45 days after receipt of the report to Council for consideration of the increase shall be deemed approved. Should
the Council reject the subsidy set by the Board, the Council shall determine the amount, if any, by which the subsidy shall be increased and shall adopt this
increase by resolution.
Notwithstanding the authority given to the Board in this subsection, the Council retains the right to establish, by ordinance, the maximum monthly
subsidy either if the Board fails to act timely to grant an increase or if the Council desires to approve an increase in excess of the amount authorized by the
Board.
The maximum monthly subsidy shall be reduced by the amount of any subsidy a retired Plan member receives from any other City source.
(f)
"System Members" or "Plan Members" as defined in Sections 1406(c), 1502(c), 1602(c) or 1702(d) of the Charter or Section 4.2002(c) of the
Administrative Code who retire on or after July 1, 1998 shall be eligible for the monthly health subsidy amounts and other benefits provided for in
Subsections (a) through (e) above at age fifty-five (55) rather than age sixty (60) if all other conditions of eligibility prescribed in those subsections are met.
(g)
Those members retired under the provisions of Section 1706(a) of the Charter with less than ten (10) years of service and who are age fifty-five
(55) years or older shall have paid to their approved health insurance carrier on their behalf the following amount:
(1)
For retirees not eligible for Medicare or enrolled in Medicare Part B only, 40% of the maximum monthly health subsidy amount as
established in Subsection (e) of this Section or 40% of the single-party cost of the retiree's plan, whichever is lower; or
(2)
For retirees enrolled in Medicare Parts A and B, 75% of the qualifying monthly premium that would be paid under Subsection (c) herein
for an eligible retiree with ten (10) years of service or 75% of the single-party cost of the retiree's plan, whichever is lower.
Retirees eligible for a subsidy from any other source shall not be eligible for the subsidy provided in this subsection. Further, no survivor subsidy shall
be paid under Section 4.1161 based upon eligibility for the subsidy provided in this Subsection.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Amended by: Subsec. (c), Ord. No. 147,952, Eff. 12-26-75; Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80; In Entirety and Subsec. (f) added, Ord. No. 172,040, Eff.
7-3-98; Subsecs. (a), (c), (d), (e) and (f), Last Para.of Section, Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 176,731, Eff. 6-21-05; Subsec. (e), Ord.
No. 177630, Eff. 6-19-06; Subsecs. (c), (d) and (f) amended and Subsec. (g) added, Ord. No. 181,770, Eff. 7-8-11.
[SUPPLEMENTAL REFERENCES]
For Paragraph (a) re Identification of Members. See also Charter, Sec. 523.
For Paragraph (a) re Basic Subsidy. See also Charter, Sec. 521(t).
For Paragraphs (c) and (d) re Other Eligible Members. See also Charter, Secs. 531(a) and 531(b).
For Paragraph (d) re Basic Subsidy. See also Charter, Sec. 521(t).
For Paragraph (e) re Maximum Subsidy. See also Charter, Secs. 521(g) and 523 re applicability to Safety Members Pension Plan Members.
SECTION HISTORY
Supplemental References Added by Ord. No. 158,965, Eff. 6-30-84.
Sec. 4.1154.1. Health Insurance Premium Subsidy Program for Members of the Police Officers, Lieutenant and Below Representation Unit.
(a)
Commencing upon the first day of the month following the effective date of this section, members of the Police Officers, Lieutenant and Below
Representation Unit who have retired after July 1, 1988, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a
health insurance premium subsidy, based upon such member’s years of service, age and the pension plan to which they belonged prior to their retirement, in
accordance with the schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section:
Years of Service
20 – 24
25 – 29
30 and over
Pension Plan
City Charter Article
17
City Charter Article
18
City Charter Article
35
(b)
Amount of Monthly
Subsidy
$ 75.00
150.00
225.00
Age of Eligibility
58
58
55
Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member.
(c)
A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall
become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted
any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided.
(d)
The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section 4.1152 of
the Los Angeles Administrative Code.
(e)
There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first
day of the month following the effective date of this section subject to all of the terms and conditions hereof.
(f)
Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Director of the Office of
Administrative and Research Services and the Los Angeles Police Protective League as part of the meet and confer process and any change made through any other
process shall not be recognized by the City.
(g)
Entitlement to the subsidies provided by this section shall be subject to the condition that eligibility to any payments shall be made dependent upon
retirement at a rank no higher than that of Lieutenant of Police.
(h)
Commencing the first day of the month following the effective date of this subsection, all members of the Police Officers, Lieutenant and Below
Representation Unit who retire after July 1, 1994, pursuant to provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a), shall be
eligible for the health subsidy provided pursuant to Subsection (a) beginning at age 55.
(i)
Commencing July 1, 1996, the subsidies provided pursuant to Subsection (a) shall be increased according to the following schedule for all members of
the Police Officers, Lieutenant and Below Representation Unit who retire after July 1, 1996.
Years of
Service
Amount of Monthly
Subsidy
20-24
25-29
30 & over
(j)
1, 1998.
$150.00
225.00
300.00
The provisions of this section shall not apply to members of the Police Officers, Lieutenant and Below Representation Unit who retire on or after July
SECTION HISTORY
Added by Ord. No. 164,851, Eff. 6-19-89.
Amended by: Subsecs. (h) and (i) added, Ord. No. 170,092, Eff. 12-8-94; Subsec. (j) added, Ord. No. 172,040, Eff. 7-3-98; Subsecs. (a), (c), (f) and (h), Ord. No. 173,272, Eff. 6-2500, Oper. 7-1-00.
Sec. 4.1154.2. Health Insurance Premium Subsidy Program for Members of the Police Officers. Captain and Above Representation Unit.
(a)
Commencing upon the first day of the month following the effective date of this section, members of the Police Officers, Captain and Above
Representation Unit who retire after July 1, 1989, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health
insurance premium subsidy, based upon such member’s years of service, age and the pension plan to which they belonged prior to their retirement, in accordance
with the schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section:
Years of Service
20 – 24
25 – 29
30 and over
Pension Plan
City Charter
Article 17
City Charter
Article 18
City Charter
Article 35
(b)
Amount of Monthly
Subsidy
$ 75.00
150.00
225.00
Age of Eligibility
58
58
55
Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member.
(c)
A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall
become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted
any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided.
(d)
The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section 4.1152 of
the Los Angeles Administrative Code.
(e)
There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first
day of the month following the effective date of this section subject to all of the terms and conditions hereof.
(f)
Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Office of Administrative and
Research Services and the Los Angeles Police Command Officers Association as part of the meet and confer process and any change made through any other
process shall not be recognized by the City.
(g)
Commencing the first day of the month following the effective date of this subsection, all members of the Police Officers, Captain and Above
Representation Unit who retire after July 1, 1994, pursuant to the provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a) shall be
eligible for the health subsidy provided pursuant to subsection (a) beginning at age 55.
(h)
Commencing July 1, 1996, the subsidies provided pursuant to subsection (a) shall be increased according to the following schedule for all members of
the Police Officers, Captain and Above Representation Unit who retire after July 1, 1996.
Years of
Service
20-24
25-29
30 & over
(i)
Amount of Monthly
Subsidy
$150.00
225.00
300.00
The provisions of this section shall not apply to members of the Police Officers, Captains and Above Representation Unit who retire on or after July 1,
1998.
SECTION HISTORY
Added by Ord. No, 165,333, Eff. 1-14-90.
Amended by: Subsecs. (g) and (h) added, Ord. No. 170,418, Eff. 4-16-95; Subsec. (i) added, Ord. No. 172,040, Eff. 7-3-98; Subsecs. (a), (c), (f) and (g), Ord. No. 173,272, Eff. 625-00, Oper. 7-1-00.
Sec. 4.1154.3. Health Insurance Premium Subsidy Program for Members of the Firefighters and Fire Captains Representation Unit.
(a)
Commencing upon the first day of the month following the effective date of this section, members of the Firefighters and Fire Captains Representation
Unit who retire after July 1, 1989, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health insurance
premium subsidy, based upon such member’s years of service, age and the pension plan to which they belonged prior to their retirement, in, accordance with the
schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section:
Years of Service
20 – 24
25 – 29
30 and over
Pension Plan
City Charter
Article 17
City Charter
Article 18
City Charter
Article 35
(b)
Amount of Monthly
Subsidy
$ 75.00
150.00
225.00
Age of Eligibility
58
58
55
Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member.
(c)
A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall
become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted
any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided.
(d)
The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section 4.1152 of
the Los Angeles Administrative Code.
(e)
There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first
day of the month following the effective date of this section subject to all of the terms and conditions hereof.
(f)
Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Office of Administrative and
Research Services and the United Firefighters Los Angeles City (UFLAC) as part of the meet and confer process and any change made through any other process
shall not be recognized by the City.
(g)
Commencing the first day of the month following the effective date of this subsection all members of the Firefighters and Fire Captains Representation
Unit who retire after January 1, 1994, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall be eligible for the health
subsidy provided pursuant to Subsection (a), beginning at age 55.
(h)
Commencing the first day of the month following the effective date of this subsection, all members of the Firefighters and Fire Captains Representation
Unit who retire pursuant to the provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a) shall be eligible for the health subsidy
provided pursuant to Subsection (a).
(i)
Commencing July 1, 1996, the subsidies provided pursuant to Subsection (a) shall be increased according to the following schedule for all members of
the Firefighters and Fire Captains Representation Unit who retire after July 1, 1996.
Years of
Service
20-24
25-29
30 & over
(j)
Amount of Monthly
Subsidy
$150.00
225.00
300.00
The provisions of this section shall not apply to members of the Firefighters and Fire Captains Representation Unit who retire on or after July 1, 1998.
SECTION HISTORY
Added by Ord. No. 165,296, Eff. 12-21-89.
Amended by: Subsec. (g) added, Ord. No. 169,328, Eff 2-28-94; Subsecs. (h) and (i) added, Ord. No. 170,091, Eff. 12-8-94; Subsec. (j) added, Ord. No. 172,040, Eff. 7-3-98;
Subsecs. (a), (c), (f), (g) and (h), Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00.
Sec. 4.1154.4. Health Insurance Premium Subsidy Program for Members of the Fire Chief Officers Representation Unit.
(a)
Commencing upon the first day of the month following the effective date of this section, members of the Fire Chief Officers Representation Unit who
retire after July 1, 1989, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health insurance premium
subsidy, based upon such members years of service, age and the pension plan to which they belonged prior to their retirement, in accordance with the schedule
hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section:
Years of Service
20 – 24
25 – 29
30 and over
Pension Plan
City Charter
Article 17
City Charter
Article 18
City Charter
Article 35
(b)
Amount of Monthly
Subsidy
$ 75.00
150.00
225.00
Age of Eligibility
58
58
55
Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member.
(c)
A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall
become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted
any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided.
(d)
The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section 4.1152 of
the Los Angeles Administrative Code.
(e)
There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first
day of the month following the effective date of this section subject to all of the terms and conditions hereof.
(f)
Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Office of Administrative and
Research Services and the Los Angeles City Fire Department Chief Officer’s Association as part of the meet and confer process and any change made through any
other process shall not be recognized by the City.
(g)
Commencing the first day of the month following the effective date of this subsection, all members of the Fire Chief Officers Representation Unit who
retire pursuant to the provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a) shall be eligible for the health subsidy provided
pursuant to Subsection (a) beginning at age 55.
(h)
Commencing July 1, 1996, the subsidies provided pursuant to Subsection (a) shall be increased according to the following schedule for all members of
the Fire Chief Officers Representation Unit who retire after July 1, 1996.
Years of
Service
20-24
25-29
30 & over
(i)
Amount of Monthly
Subsidy
$150.00
225.00
300.00
The provisions of this section shall not apply to members of the Fire Chief Officers Representation Unit who retire on or after July 1, 1998.
SECTION HISTORY
Added by Ord. No. 165,488, Eff. 3-5-90.
Amended by: Subsecs. (g) and (h) added, Ord. No. 170,160, Eff. 1-16-95; Subsec. (i) added, Ord. No. 172,040, Eff. 7-3-98; Subsecs. (a), (c), (f) and (g), Ord. No. 173,272, Eff. 6-2500, Oper. 7-1-00.
Sec. 4.1154.5. Health Insurance Premium Subsidy Program for Members of the Emergency Medical Services Representation Unit.
SECTION HISTORY
Added by Ord. No. 167,138, Eff. 9-5-91;Subsecs. (a), (c) and (f), Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
Sec. 4.1155. Verification of Health Insurance Coverage.
Eligible retired members who are receiving a health insurance subsidy payable to their health insurance carrier pursuant to the provisions of this chapter, may
be required from time to time to provide evidence satisfactory to the Board that their health insurance coverage or Medicare or other federal or state funded health
insurance plan is in full force and effect.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80; Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1156. Applicability of Chapter.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80.
Deleted by Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1157. Director of the Office of Administrative and Research Services to Review Health Insurance Program.
The Director of the Office of Administrative and Research Services shall periodically review the Health Insurance Program established by this chapter and
shall recommend such changes in said program to the Board as he deems appropriate.
SECTION HISTORY
Added by Ord. No. 147,014, Eff. 3-21-75.
Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80; Title and Sec., Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00.
Sec. 4.1158. Operative Date of Health Insurance Program.
SECTION HISTORY
Added by Ord.No. 147,014, Eff. 3-21-75.
Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff. 11-30-80.
Deleted by Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1159. Establishment and Termination of Domestic Partnerships.
SECTION HISTORY
Added by Ord. No. 173,028, Eff. 1-17-00.
Amended by: Sec. Number, Ord. No. 173,136, Eff. 3-24-00; Subsec. (a)(1), Ord. No. 176,731, Eff. 6-21-05.
Renumbered as Sec. 4.2204 by Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1160. Survivorship Benefits for Qualified Surviving Domestic Partners.
SECTION HISTORY
Added by Ord. No. 173,028, Eff. 1-17-00.
Amended by: Sec. Number, Ord. No. 173,136, Eff. 3-24-00; Subsec. (a), Ord. No. 176,731, Eff. 6-21-05; Subsec. (e) added, Ord. No. 177,900, Eff. 9-28-06.
Renumbered as Sec. 4.2206 by Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1161. Surviving Spouse’s and Domestic Partner’s Eligibility for Health Insurance Premium Subsidy.
(a)
Effective January 1, 2000, a qualified surviving spouse or qualified surviving domestic partner of a deceased member of the Fire and Police Pension
Plans shall be entitled to a health insurance subsidy if, at the time of the member’s death, the member was retired and receiving a health subsidy. Effective January
1, 2000, if a member dies after retirement, but prior to receiving a health subsidy, or if the member dies prior to retirement, then the qualified surviving spouse or
qualified surviving domestic partner shall be eligible to receive a health insurance subsidy upon the date when the member would have attained age 55, or on
January 1, 2000, whichever occurs later, provided the member had a minimum of 10 years of service in the retirement system. Notwithstanding the foregoing, a
qualified surviving spouse or qualified surviving domestic partner of a deceased Tier 6 Plan Member retired under the provisions of 1706(a) with less than ten (10)
years of service shall not be eligible for a health insurance subsidy.
(b)
The maximum health subsidy payment available for a qualified surviving spouse or qualified surviving domestic partner shall not exceed the Los
Angeles City Employees’ Retirement System (LACERS) Kaiser single-party premium for retired members without Part A and B of Medicare nor may such subsidy
payment be in excess of any amounts allowed active members of the Fire and Police Pension Plans.
(c)
The health subsidy provided to a qualified surviving spouse or qualified surviving domestic partner who does not qualify for Part A of Medicare shall
be 4% of the maximum survivor subsidy for each year of the retired member’s service, up to 100% of the maximum survivor subsidy.
(d)
follows:
The health subsidy provided to a qualified surviving spouse or qualified surviving domestic partner with both Parts A and B of Medicare shall be as
(1)
For ten (10) to fourteen (14) years of service by the member, 75% of the qualifying monthly premium. (2)
For fifteen (15) to nineteen (19) years of service by the member, 90% of the qualifying monthly premium.
(3)
For twenty (20) or more years of service by the member, 100% of the qualifying monthly premium.
(e)
The qualifying monthly premium for qualified surviving spouses and qualified surviving domestic partners, as used in Subsection (d), shall mean the
single party monthly premium of the qualified surviving spouse or qualified surviving domestic partner’s approved plan. However, if the monthly premium exceeds
the highest single party monthly premium of Medicare A & B plans available to retired members of LACERS, then the premium for the latter shall be the
qualifying monthly premium.
(f)
A qualified surviving spouse or qualified surviving domestic partner who receives a health subsidy pursuant to Subsection (d) above shall also receive a
subsidy for reimbursement of the Medicare Part B basic premium on the terms set forth in Section 4.1162 of this chapter.
(g)
As a prerequisite to receiving the health subsidy, a qualified surviving spouse or qualified surviving domestic partner must enroll in Medicare to the
full extent of their entitlement at the earliest date of eligibility.
(h)
A qualified surviving spouse or qualified surviving domestic partner who is also entitled to a health subsidy pursuant to the provisions for active death
health benefits from any Memorandum of Understanding (MOU) shall not be entitled to the health subsidy provided herein for as long as they shall receive that
other health subsidy.
(i)
The health subsidy provided in this section shall only be used to pay the single party premium cost for approved health insurance plans. Any unused
subsidy amount can not be received as cash compensation.
(j)
This health insurance subsidy will also be provided to current qualified surviving spouses of deceased members who are receiving monthly survivorship
benefits on the effective date of this section.
(k)
For purposes of this section, the term “qualified surviving spouse” shall also include an eligible widow as defined in the Charter provisions dealing
with the Fire and Police Pension Plans.
SECTION HISTORY
Added by Ord. No. 173,028, Eff. 1-17-00.
Amended by: Sec. Number, Ord. No. 173,136, Eff. 3-24-00; Subsec. (f), Ord. No. 179,538, Eff. 3-2-08; Last Sentence of Subsec. (a) added, Ord. No. 181,770, Eff. 7-8-11.
Sec. 4.1162. Additional Subsidy for Reimbursement of Medicare Part B Basic Premium.
In addition to any other subsidies to which a beneficiary may be entitled under this chapter, a subsidy may be paid to reimburse eligible beneficiaries for the
Medicare Part B basic premium, provided that no reimbursement shall be paid for any premium in excess of the basic amount due to charges for income-related
monthly adjustment amounts or for any other reason, such as delays in applying for coverage or late fees.
In order to be eligible for Medicare Part B reimbursement, a retired member, a qualified surviving spouse, or a qualified surviving domestic partner, must be: (1)
enrolled in Medicare Parts A and B; and
(2)
eligible to receive either a health insurance subsidy or a health insurance premium reimbursement from the Fire and Police Pension Plan.
The Medicare Part B reimbursement subsidy and administrative costs will be provided solely by the Fire and Police Pension Plan, as provided in Sections
1320, 1416, 1510, 1610 and 1710 of the Charter and Section 4.2010 of the Administrative Code. Reimbursement shall not be paid until sufficient proof of the
eligible beneficiary's enrollment, coverage, and premium payment has been made as required by the Board.
SECTION HISTORY
Added by Ord. 173,275, Eff. 6-25-00, Oper. 7-1-00; new Sec. and Title, Ord. No. 179,538, Eff. 3-2-08.
Former Sec. 4.1162 renumbered as Sec. 4.2210 by Ord. No. 179,538, Eff. 3-2-08.
Amended by: Last Para., Ord. No. 181,770, Eff. 7-8-11.
Sec. 4.1163. Eligibility for Reimbursement of Health Insurance Premiums to Eligible Retired Members, Their Qualified Surviving Spouses or Qualified
Domestic Partners.
(a)
Effective January 1, 2001, upon written application and verification as required by the Department of Fire and Police Pensions and subject to the rules
and regulations promulgated by the Board of Fire and Police Pension Commissioners, retired members, their qualified surviving spouses or qualified domestic
partners are eligible to receive a health insurance premium reimbursement if all of the following conditions are met:
(1)
Medicare;
the eligible member or his or her qualified surviving spouse or qualified domestic partner is enrolled to the extent of his or her entitlement in
(2)
the eligible member or his or her qualified surviving spouse or qualified domestic partner is receiving an allowance pursuant to any benefit tier
of the Fire and Police Pension System;
(3)
the eligible member or his or her qualified surviving spouse or qualified domestic partner is the primary subscriber;
(4)
the eligible member or his or her qualified surviving spouse or qualified domestic partner resides more than three (3) months of the year, as
identified by the address on file with the Department of Fire and Police Pensions, outside of a Department of Fire and Police Pensions’ approved health
maintenance organization’s (“HMO”) authorized zip code service area;
(5)
the eligible member or his or her qualified surviving spouse or qualified domestic partner is eligible to receive a Fire and Police Pension Plan
health subsidy pursuant to the provisions of this Code or any applicable Memorandum of Understanding; and
(6)
the eligible member or his or her qualified surviving spouse or qualified domestic partner is not enrolled in a Department of Fire and Police
Pensions approved medical plan.
(b)
(c)
The maximum reimbursement available to eligible retired members cannot exceed the lower of:
(1)
Any subsidy available to eligible retired members pursuant to this Administrative Code or any applicable Memorandum of Understanding, or
(2)
The cost of the health plan the eligible retired members are enrolled in and for which they are seeking reimbursement.
The maximum reimbursement available to qualified surviving spouses or qualified surviving domestic partners cannot exceed the lower of:
(1)
Any subsidy available to qualified surviving spouses or qualified surviving domestic partners pursuant to this Administrative Code or any
applicable Memorandum of Understanding, or
(2)
The single-party cost of the health plan that the qualified surviving spouses or qualified domestic partners are enrolled in and for which they are
seeking reimbursement.
(d)
In no event shall the health insurance reimbursement provided in this Section, when added to any health insurance subsidy paid from the funds of the
Department of Water and Power and/or the Los Angeles City Employees' Retirement System (LACERS) exceed the maximum subsidy available pursuant to the
provisions of this Administrative Code.
SECTION HISTORY
Added by Ord. No. 174,369, Eff. 12-19-01.
Amended by: Subsecs. (b) and (c) amended and Subsec. (d) added, Ord. No. 176,731, Eff. 6-21-05.
Sec. 4.1164. Dental Insurance Premium Subsidy for Retired Members.
(a)
Those members who were retired pursuant to Charter Sections 1304, 1310, 1312, 1408, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a),
1606(b), 1704, 1706(a) or 1706(b), or Administrative Code Sections 4.2004, 4.2006(a) or 4.2006(b), and who have at least ten (10) Years of Service, including those
years for which they acquired additional retirement service credits from said Plan, and who are age fifty-five (55) years or older, shall have paid to their approved
dental insurance carrier on their behalf a monthly subsidy consisting of 4% of the maximum monthly dental subsidy for each whole year of service as defined in
their applicable Tier. In no case shall a retired member have paid to his or her dental insurance carrier an amount exceeding the maximum monthly amount
established pursuant to paragraph (b) of this Section.
(b)
The maximum monthly subsidy shall be the lower of the Los Angeles City Employees' Retirement System (LACERS) maximum subsidy or any
amount allowed active members of any Fire and Police Plan Tier.
(c)
In no event shall the subsidy provided in this section, when added to any other dental subsidy paid from the funds of the Department of Water & Power
and/or LACERS exceed the maximum subsidy available pursuant to the provisions of this Administrative Code.
(d)
As provided under Charter Sections 1330(d), 1428(d), 1518(d), 1618(d) and 1718(d) and Administrative Code Section 4.2018(d), the Board of Fire and
Police Pension Commissioners shall administer the subsidy program established herein, shall have the authority to contract for suitable programs to be made
available to retired members, and shall have the power to adopt rules necessary to administer the programs.
(e)
Entitlement for the subsidy provided herein shall commence with the premiums due for the month of January 2002. There shall be no retroactive
entitlement to the dental insurance premium subsidies provided in this section prior to this commencement date.
SECTION HISTORY
Added by Ord. No. 174,368, Eff. 12-19-01.
Amended by: Subsec. (b), Ord. No. 176,731, Eff. 6-21-05; Subsecs. (a) and (d), Ord. No. 181,770, Eff. 7-8-11.
Sec. 4.1165. Reactivation of Surviving Spouse Benefits.
SECTION HISTORY
Added by Ord. No. 174,612, Eff. 6-6-02.
Renumbered as Sec. 4.2208 by Ord. No. 179,538, Eff. 3-2-08.
Sec. 4.1166. 2011 Medical Plan Premium Subsidy and Reimbursement Freeze.
(a)
The maximum monthly subsidies and reimbursements paid toward any health insurance premiums provided pursuant to Chapter 11.5 of Division 4 of
the Los Angeles Administrative Code shall be frozen at the rate in effect as of July 1, 2011.
(b)
The freeze established in Subsection (a) above shall apply to the following persons:
1.
Employees who retire on or after July 15, 2011;
2.
Employees who enter the Deferred Retirement Option Plan (DROP) on or after July 15, 2011;
3.
Employees who opt not to make a contribution for vesting increases in the Maximum Medical Subsidy as allowed by an applicable written
agreement between the City and the employee's union.
(c)
The freeze established by this Section may be revisited periodically by the City Council, with appropriate discussions with the affected labor
organizations, to determine whether, in the Council's discretion, the freeze may be lifted or adjusted in light of improving economic conditions, or other factors.
(d)
The freeze established in Subsection (a) above shall not apply to the following persons:
1.
Employees who irrevocably opt to make voluntary Additional Contributions in exchange for vested rights to increases in subsidies or
reimbursements for retiree health benefits as provided in Section 4.1167 of this Chapter.
2.
Employees who retire on service connected disability pensions and their survivors who are eligible for health benefits.
3.
Survivors receiving service-connected death benefits who are eligible for health benefits.
4.
Members of Tier 3 and Tier 5 who separated from City service prior to July 15, 2011, and were eligible for a deferred retirement at the time of
separation, based on years of service.
(e)
The freeze established in Subsection (a) above shall not apply to any subsidy for reimbursement of Medicare Part B basic premium or any dental
insurance premium subsidy.
SECTION HISTORY
Added by Ord. No. 181,814, Eff. 7-29-11.
Amended by: Subsec. (b) amended and Subsecs. (d) and (e) added, Ord. No. 181,893, Eff. 10-11-11.
Sec. 4.1167. Election to Make Voluntary Additional Contributions in Exchange for Vested Rights to Increases in Subsidies or Reimbursements for
Retiree Health Benefits.
A member who is not represented by an employee union, or who is represented by an employee union which has entered into a written agreement with the
City to provide for the election specified herein, may irrevocably elect to make voluntary additional contributions (Additional Contributions) to his or her tier of the
Fire and Police Pension Plan by salary deduction at the rate of 2% of his or her regular bi-weekly base salary (as distinguished from pay actually received) in order
to support the City's ability to fund retiree health benefits. These Additional Contributions shall be deposited into each such member's individual contribution
account and shall be treated for any and all purposes the same as the member's regular contributions to the Fire and Police Pension Plan. These Additional
Contributions shall be paid by the member on a post-tax basis unless and until the Internal Revenue Service rules that such contributions may be tax-deferred
through a reduction in wages pursuant to the provisions of Sections 4.1505 through 4.1509 of this Code.
Once a member irrevocably elects to make these Additional Contributions, he or she shall continue to make such Additional Contributions until he or she has
done one of the following, whichever is earliest, at which time his or her obligation to make further Additional Contributions shall terminate: (i) made such
Additional Contributions for 25 years, or (ii) retired under the provisions of Sections 1408, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704,
1706(a), or 1706(b) of the Charter or Sections 4.2004, 4.2006(a), or 4.2006(b) of the Los Angeles Administrative Code, or (iii) terminated participation in the City's
Deferred Retirement Option Plan (DROP) pursuant to Section 4.2105 of the Los Angeles Administrative Code. In consideration for such Additional Contributions
being made for the period specified above, each such member and his or her survivors shall have a vested right to receive the retiree health benefits that were
provided in this Chapter on July 1, 2011, and to receive the maximum amount of annual increases in subsidies or reimbursements for retiree health benefits in all
subsequent years thereafter as authorized in this Chapter on June 30, 2011, provided that all conditions of eligibility prescribed in this Chapter are satisfied. The
freeze established in Section 4.1166(a) of this Chapter shall not apply to these members and their survivors.
The right to make the irrevocable election provided in this Section 4.1167 shall be limited to a 45-day opt-in period, except as required by applicable law or as
otherwise provided below. In order to make such irrevocable election, a member must file with the Department of Fire and Police Pensions (LAFPP) an election
form prescribed by the LAFPP. Based upon input from the Office of the City Administrative Officer (CAO), the LAFPP shall establish the 45-day period during
which members' election forms may be accepted. If a member does not file the election form within the 45-day period, the member is assumed to have irrevocably
elected to not make the Additional Contributions and the freeze established in Section 4.1166 of this Chapter shall apply to the member and his or her survivors.
The CAO shall establish a Dispute Resolution Committee (DRC) to review member requests to make an election after the 45-day period. The LAFPP shall
have no authority to decide whether or not to accept late election forms after the close of the 45-day period (a late election form) and shall refer members to the
DRC for that purpose. The DRC may approve a member's request to irrevocably elect to make the Additional Contributions only if the DRC determines that the
member did not timely elect to make the Additional Contributions due to a personal hardship that occurred outside of the opt-in period. The DRC's decision to
approve or deny a member's request shall be final and conclusive. If the DRC approves the member's request, the CAO shall so advise the LAFPP in writing,
whereupon the LAFPP shall accept the member's late election form. The Additional Contributions shall commence after the DRC's approval of the late election
form, and the LAFPP shall be authorized to collect back contributions as determined by the DRC in its sole discretion and communicated in writing to the LAFPP
by the CAO. The DRC is not authorized to allow a member to revoke the member's irrevocable election.
The City Council, on a Motion that is adopted by a two-thirds majority, may authorize the LAFPP to conduct additional opt-in periods during which members
shall have the right to make the irrevocable election provided in this Section.
SECTION HISTORY
Added by Ord. No. 181,893, Eff. 10-11-11.
CHAPTER 12
SALARIES OF ELECTED OFFICIALS
Sec. 4.1200. Official Salaries Authority.
SECTION HISTORY
Based on Charter, Sec. 65.6.
Amended by: Ord. No. 154,252, Eff. 9-11-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1201. Salaries for 1979-80 Fiscal Year.
SECTION HISTORY
Added by Ord. No. 148,100, Eff. 3-26-76, Oper. 7-1-75.
Amended by: Ord. No. 149,947, Eff. 8-13-77, Oper. 7-1-77; Ord. No. 150,449, Eff. 1-23-78; Ord. No. 152,515, Eff. 8-5-79, Oper. 7-1-79.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1202. Salaries for 1980-81 Fiscal Year.
SECTION HISTORY
Added by Ord. No. 148,100, Eff. 3-26-76, Oper. 7-1-75.
Amended by: Ord. No. 149,947, Eff. 8-13-77, Oper. 7-1-77; Ord. No. 150,449, Eff. 1-23-78; Ord. No. 152,515, Eff. 8-5-79, Oper. 7-1-80.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1203. Salaries.
SECTION HISTORY
Added by Ord. No. 155,516, Eff. 7-30-81, Oper. 7-1-81.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1204. Salaries.
SECTION HISTORY
Added by Ord. No. 158,647, Eff. 2-24-84.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1205. Salaries.
SECTION HISTORY
Added by Ord. No. 159,926, Eff. 7-11-85. Oper. 7-1-85.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1206. Salaries.
SECTION HISTORY
Added by Ord. No.162,521, Eff. 7-31-87.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Sec. 4.1207. Salaries.
SECTION HISTORY
Added by Ord. No. 164,967, Eff. 6-29-89, Oper. 7-1-89.
Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
CHAPTER 13
ADMINISTRATIVE DETERMINATIONS
Section
4.1301
Applicability of Section 1094.6 of the Code of Civil Procedure to Certain Adjudicatory Administrative Decisions of the City.
Sec. 4.1301. Applicability of Section 1094.6 of The Code of Civil Procedure to Certain Adjudicatory Administrative Decisions of the City.
The provisions of Section 1094.6 of the Code of Civil Procedure of the State of California shall be applicable in the City of Los Angeles to decisions by the
City or by any officer. employee, board, commission or other agency of the City. As used in this section, “decision” means an adjudicatory administrative decision
made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an
application for any retirement benefit or allowance.
SECTION HISTORY
Added by Ord. No. 152,079, Eff. 4-22-79.
CHAPTER 14
DEFERRED COMPENSATION PLAN
Section
4.1400
4.1401
4.1402
4.1403
4.1404
4.1405
4.1406
4.1407
4.1408
4.1409
4.1410
4.1411
Deferred Compensation Plan.
Definitions.
Participation in the Plan.
Deferral of Compensation.
Investment Fund and Trust.
Investment Accounts.
Distribution of Benefits.
Administration of the Plan.
Rights of Participants.
Amendment and Termination.
Miscellaneous.
[No Title.]
Sec. 4.1400. Deferred Compensation Plan.
The name of this plan is the City of Los Angeles Deferred Compensation Plan (the “Plan”). It is the primary purpose of the Plan to attract and hold personnel
by permitting all officers and Employees of the City to enter into agreements with the City which will provide for deferral of payment of a portion of their
compensation until death, disability, retirement, termination of employment, or other events as provided herein, in accordance with the applicable provisions of
Section 457 of the Internal Revenue Code of 1986, as amended (26 U.S.C Section 1 et seq.). The Plan shall be considered an Employee benefit plan or savings plan
for purposes of California Civil Code Section 5106(b) as amended from time to time, or its successor sections. The City of Los Angeles Board of Deferred
Compensation Administration shall prepare and adopt a Plan Document which together with the provisions of this Chapter shall be the governing document for the
Plan. The Plan Document and any amendments thereto shall be consistent with the provisions of this Chapter. The provisions of this Chapter shall be controlling. Any conflicts or inconsistencies between the provisions of the Plan and this Chapter shall be resolved in favor of the provisions of this Chapter.
SECTION HISTORY
Added by Ord. No. 154,806, Eff. 2-13-81.
Amended by: In Entirety, Ord. No. 174,407, Eff. 2-28-02, Oper. 1-1-02.
Sec. 4.1401. Definitions.
(a)
“Employer” or “City” means all offices, bureaus, and departments of the City of Los Angeles and includes therein departments which have control of
their own definite revenues.
(b)
“Employee” means any full-time employee or officer of the City or any member of one of the City’s retirement or pension plans, excluding the
Pension Savings Plan, who performs services for the City.
(c)
“Participant” means any employee who has fulfilled the requirements of enrollment in the Plan.
(d)
“Beneficiary” means any person, trust, corporation, or firm, or any combination thereof, designated by a participant to receive benefits under the Plan.
(e)
“Participation Agreement” means the agreement filed by an employee with the Administrator(s) in which the Employee elects to become a
Participant in the Plan.
(f)
“Compensation” means all wages or salaries to be paid to an Employee for services rendered including any amounts of Deferred Compensation that
may be credited to the Participant’s Account. Compensation shall be taken into account at its present value and its amount shall be determined without regard to
any community property laws.
(g)
“Deferred Compensation” means that portion of an Employee’s compensation which said Employee has elected to defer in accordance with the
provisions of this Deferred Compensation Plan, subject to the following limitations:
(1)
The maximum amount that may be deferred under the Plan for the taxable year of a Participant shall not exceed the lesser of (1) $11,000 for the
taxable year 2002, $12,000 for the taxable year 2003, $13,000 for the taxable year 2004, $14,000 for the taxable year 2005, and $15,000 for the taxable year
2006, and as adjusted for the cost-of-living in accordance with Internal Revenue Code Section 457 (e) (15) for taxable years beginning after December 31,
2006, or (2) any other applicable limitation established under the Internal Revenue Code related to the participant’s compensation or includible
compensation.
(2)
Provided, however, that for one or more of a Participant’s last three taxable years ending prior to either a Participant’s Normal or Deferred
Retirement Date, the maximum amount that may be deferred under the Plan shall be the lesser of (1) twice the dollar amount of the applicable dollar limit for
that taxable year as defined under (1) above, or (2) the sum of (i) the limitation in (1) above for the taxable year and (ii) the limitation under (1) above for
any taxable year or years which began after December 31, 1982, and in which the participant was eligible to participate in the Plan less the amount of
Compensation deferred under the Plan for any such prior taxable year or years. A Participant may only utilize this Subsection (2) once, whether under this
Plan or any other Eligible Deferred Compensation Plan.
(3)
Individuals who are age 50 or over prior to the end of a taxable year are eligible for an additional elective deferral which shall not exceed the
lesser of $1,000 for the taxable year 2002, $2,000 for the taxable year 2003, $3,000 for the taxable year 2004, $4,000 for the taxable year 2005, and $5,000
for the taxable year 2006, and as adjusted for the cost-of-living in accordance with Internal Revenue Code Section 414(v)(2) for taxable years beginning after
December 31, 2006, or (2) the excess (if any) of (a) the Participant’s compensation (as defined in Section 415(c)(3) for the year), over (b) any other elective
deferral of the Participant for such year which are made without regard to this subsection.
(h)
“Includible Compensation” means compensation as determined under Internal Revenue Code Section 457(e)(i).
(i)
“Administrator” means the duly authorized designee contracted for that purpose to act as the employer’s agent. The Board may elect to contract with
one or more Administrator(s).
(j)
“Board” means the Board of Deferred Compensation Administration established by the City and operating according to the provisions of Section
4.1407. The Board is responsible for administration of the Plan.
(k)
“Normal Retirement Date” refers to an age which is no later than age 70½ and no earlier than the earliest age at which a Participant has the right to
retire under the Employer’s basic pension plan, without consent of the Employer, and to receive immediate retirement benefits without actuarial or similar
reduction.
(l)
“Deferred Retirement Date” means the date beyond the Normal Retirement Date specified in (k) which is designated by the participant. Such date
shall not exceed the date on which the participant incurs a termination of employment.
(m)
(n)
“Eligible Deferred Compensation Plan” has the meaning given it by Internal Revenue Code Section 457 and the regulations thereunder.
“Investment Account” or “Account” means the account established for a Participant by the Board or the Administrator pursuant to Section 4.1405.
SECTION HISTORY
Added by Ord. No. 154,806, Eff. 2-13-81.
Amended by: Subsecs. (a), (b), (c), (e), (g), and (i) amended, Subsecs. (k), (l), and (m) added, Ord. No. 158,396, Eff. 11-14-83; Subsec. (j), Ord. No. 170,512, Eff. 6-10-95; Subsec.
(g)(1), Ord. No. 172,105, Eff. 7-14-98; Subsecs. (b), (e), (f), (g), (h), (i), (j), (k) and (m) amended, Subsec. (n) added, Ord. No. 174,407, Eff. 2-28-02, Oper. 1-1-02.
Sec. 4.1402. Participation in the Plan.
(a)
The Plan Document established by the Board shall provide the requirements for participation in the Plan.
(b)
A participant may transfer to this Plan amounts previously deferred under another Eligible Section 457 Deferred Compensation Plan. A participant
may transfer to this Plan amounts in other eligible plans if provided for under the Plan Document and if authorized by Section 457 of the Internal Revenue Code
and the Regulations promulgated thereunder. The Plan Document established by the Board shall define the requirements and eligibility for transfers into the Plan.
SECTION HISTORY
Added by Ord. No. 154,806, Eff. 2-13-81.
Amended by: In Entirety, Ord. No. 158,396, Eff. 11-14-83; Subsec. (g), Ord. No. 162,923, Eff. 12-13-87; Subsecs. (f) and (g), Ord. No. 170,511, Eff. 6-10-95; In Entirety, Ord. No.
174,407, Eff. 2-28-02, Oper. 1-1-02.
Sec. 4.1403. Deferral of Compensation.
During each payroll period in which the Employee has elected to defer compensation under a Participation Agreement, the City Controller and Department of
Water and Power Payroll shall defer payment of such part of the Employee’s Compensation as is specified by the Employee in the Participation Agreement.
SECTION HISTORY
Added by Ord. No. 154,806, Eff. 2-13-81.
Amended by: In Entirety, Ord. No. 158,396, Eff. 11-14-83; Subsec. (g), Ord. No. 162,923, Eff. 12-13-87; In Entirety, Ord. No. 174,407, Eff. 2-28-02, Oper. 1-1-02.
Sec. 4.1404. Investment Fund and Trust.
The Employer shall establish a separate fund to hold all assets and income of the Plan, including amounts, assets and income held in custodial accounts or
annuity contracts described in Internal Revenue Code Section 401(f). Such fund shall be held in trust for the exclusive benefit of Participants and their Beneficiaries
in accordance with the terms and conditions of the Plan, and for defraying reasonable expenses of administration of the Plan. With respect to custodial accounts or
annuity contracts described in Internal Revenue Code Section 401(f), the contract documents and all other pertinent documents therefor shall clearly state that the
amounts, assets and income subject thereto are so held. Neither the existence of the Plan, nor of the trust nor of the fund shall entitle any Participant, Beneficiary or
other person to a claim or lien against the assets of the Plan or the trust. The Participants and their Beneficiaries shall have only the right to receive the benefits
payable under the Plan as provided in this chapter.
SECTION HISTORY
Added by Ord. No. 154,806, Eff. 2-13-81.
Amended by: In Entirety, Ord. No. 159,849, Eff. 6-22-85; In Entirety, Ord. No. 172,105, Eff. 7-14-98; In Entirety, Ord. No. 174,407, Eff. 2-28-02, Oper. 1-1-02.
Sec. 4.1405. Investment Accounts.
The City (acting through the Administrators), shall cause to be established for each Participant a book account (the “Investment Account”). The City shall
cause to have credited to each account amounts equal to the Compensa