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Ordinance 2021-4420 ORDINANCE NO. 2021-4420 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 78, ARTICLE II THEREOF, ENTITLED "EMPLOYEE BENEFIT PLANS;" AMENDING SECTION 78-81, "ENTITLED GROUP HEALTH INSURANCE," TO PROVIDE THAT ANY EMPLOYEE WHO ELECTS TO DECLINE PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PLAN FOLLOWING RETIREMENT AFTER THE EFFECTIVE DATE OF THIS ORDINANCE MAY RESUME COVERAGE AND BE ELIGIBLE FOR THE CITY'S CONTRIBUTION TOWARDS THE COST OF COVERAGE IF IT IS DEMONSTRATED THAT THE RETIRED EMPLOYEE HAS MAINTAINED CONTINUOUS COVERAGE UNDER ANOTHER GROUP HEALTH PLAN SINCE THEIR DATE OF RETIREMENT OR SINCE THE DATE ON WHICH THEY LAST OPTED OUT OF THE CITY'S GROUP HEALTH INSURANCE PLAN; REPEALING SECTION 78-82, ENTITLED "HEALTH MAINTENANCE ORGANIZATION;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. WHEREAS, the City provides medical and dental insurance ("the Plan") to its employees and retirants through a self-funded plan that is currently administered by Cigna Health; and WHEREAS, the City contributes toward the cost of retirant health insurance coverage that is determined by the City Commission each year as part of the City budget process, based on available funds as set forth in Code of the City of Miami Beach Sec. 78-81 (for Group Health Insurance Plans) and Sec. 78-82 (for Health Maintenance Organizations); and WHEREAS, offering post-employment health benefits that are partially funded by the City is a recruitment tool that aids in the City's hiring process; and WHEREAS, on March 8, 2006, the Mayor and City Commission adopted Ordinance No. 2006-3505, that made changes to the City's contributions to its Group Health Insurance Plans and to its Health Maintenance Organizations ("HMOs") for retiring employees; and WHEREAS, Ordinance No. 2006-3505 required that an employee who intended to participate in the City's health plan upon retirement, must make a one-time irrevocable written election, prior to termination of City employment, to continue to participate in the City's health plan upon retirement; and WHEREAS, Ordinance No. 2006-3505 was silent on the matter of retired employees who become employed with organizations that provide employer-sponsored healthcare coverage. This meant that when retired employees were provided with an opportunity to enroll in another employer-sponsored healthcare plan, they were only able to do so with an understanding that reenrolling in the City's Plan in the future could only be done at their expense, with no City contribution toward the cost of coverage; and WHEREAS, the proposed changes to Sec. 78-81 (for Group Health Insurance Plans) and Sec. 78-82 (for Health Maintenance Organizations) would allow unclassified employees who retire with the City, to reject retirant health insurance, and thereafter to elect to come back to the City's Plan at a future date and obtain the applicable City funding toward their healthcare coverage. Pursuant to these changes, the returning retirant must demonstrate that there were no gaps in coverage upon their return to the City's Plan; WHEREAS, the Administration engaged the City's healthcare benefits consultant, Gallagher Benefits Services, Inc. ("GBS"), who has prepared a projected financial impact of adopting this proposal and has found that in the short-term and medium term the City can expect to reduce costs and save money for the City, and in the long term, the City can expect to see some increased costs, with the short and medium term savings more than compensating for any long terms costs; WHEREAS, based on the analysis completed by GBS, the Mayor and City Commission have determined that it is in the best interest of the City and its retirants to enact the following amendments to Code Sec. 78-81 (for Group Health Insurance Plans) and Sec. 78-82 (for Health Maintenance Organizations), which will provide retired employees the flexibility to choose the best healthcare plan for themselves and their families as well as to provide the City with the cost savings associated with allowing retirants to opt out of the City's healthcare Plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. DIVISION 3. -CONTRIBUTIONS Sec. 78-81. - Group health insurance. (a) Member. For all employees, Tthe contribution of a member to the costs of the benefits provided for in his/her agreement, shall be a specific amount as determined by the amount of funds available each year and approved by the city commission as part of the annual city budget. (b) City. For employees hired before March 18, 2006, Tthe contribution of the city on behalf of the members to the cost of the benefits provided for in his/her agreement, shall be a specific amount as determined by the amount of funds available each year and approved by the city commission as part of the annual city budget. (c) Medicare pensioners'contributions. For employees hired before March 18, 2006, Tthe contribution of those employees, retirants, pensioners and dependents age 2 65 and over, eligible for Medicare benefits and who are members of the plan, to the costs of the benefits provided for in the plan for those employees, retirants, pensioners and dependeants age 65 and over, eligible for Medicare benefits, shall be a specific amount as determined by the amount of funds available each year and approved by the city commission as part of the annual city budget, plus the same specific amount of the contribution for Medicare benefits, but in no event shall such total contribution exceed the contribution of members of the plan who are not eligible for Medicare benefits and have a similar agreement for individual membership or for a family basis. (d) City's contribution to Medicare pensioners. For employees hired before March 18, 2006, Tthe contribution of the city on behalf of the members of the plan age 65 and over and eligible for Medicare benefits to the costs of the benefits provided for in his/her agreement, shall be a specific amount as determined by the amount of funds available each year and approved by the city commission as part of the annual city budget, plus the same specific amount of contribution for Medicare benefits; but in no event shall the total of such contribution by the city exceed the amount of contribution respectively for any other agreements under the plan which covers members only who are not eligible for Medicare benefits or which covers members and their families, none of whom are eligible for Medicare benefits. (e) Husband and wife or domestic partner members. Whenever a husband and wife or domestic partners are both members of the plan, and either has an agreement with the plan providing for benefits on a family basis, and either is making contributions for the same, the other spouse or domestic partner shall not be required to contribute to the plan. Any members believing they qualify under this provision shall file a notice with the personnel director on a form prescribed by him. Such notice shall be signed by both husband and wife or by both domestic partners and shall indicate from which spouse's or domestic partner's pay contributions are to be deducted. Such notice shall become, effective as of the first pay period following the date of the election, subject to review by the board, which shall disallow any election it finds to be improper. Thereafter contributions shall be made as provided in the notice, but there shall be no refund of any contributions made prior to the effective date of any notice. (f) Election by employees retiring before the effective date of this fOrd. No. 7 to continue participation in group health insurance following retirement. Any employee who retired prior to the €effective on and aftcr the date of this ordinance [Ord. No. 2006 3505] is adoptcd, any cmploycc who intends to participate in the city's group health insurance er=k14449=plan upon retirement must make a one-time, irrevocable written election, prior to termination of city employment, to continue to participate in the city's group health insurance Of 1410 plan upon retirement, in order to be eligible for such continued participation 3 upon retirement. A retiree who timely makes such an election prior to termination of city employment shall be eligible for the applicable city contribution toward that coverage if coverage is maintained uninterrupted. Any employee who elects to continue under the city's health insurance or HMO plan upon retirement in accordance with this subsection (f), but thereafter discontinues or is discontinued from such coverage, may resume coverage only at the employee's expense, with no city contribution toward the cost of such coverage. Notwithstanding—the ratified that provides for such election. (g) Ten year service requirement. Effective on thc date this ordinance [Ord. No. 2006. 3505] is adopted, any employee who previously elected or thereafter elects to participate in the defined contribution retirement system shall be required to have retiree health benefits. Notwithstanding the preceding sentence, employees in bargaining units shall not be required to meet the minimum employment requirement in this subsection (g), unless and until a collective bargaining sentence of this subsection (g), any mayor, membcr of thc city commission, city manager or city attorney who previously elected or thereeaftcr elects to participate years of city employment before becoming eligible for retirec health benefits. (g)Election by employee retiring on or after the effective date of this ordinance to participate in the city's group health insurance following retirement. On and after the effective date of this ordinance fOrd. No. 1, any current or former retirement eligible Unclassified employee or Other classified employee who is not otherwise included in a collective bargaining unit, who participated in the City's defined benefit pension plan or the City's defined contribution pension plan, retiring after the effective date of this ordinance who desires to participate in the city's group health insurance or HMO plan upon or after retirement may make a written election at any time at or after employment termination to participate in the city's group health insurance or-HMO plan. Any retirement eligible Unclassified employee, or Other classified employee who is not otherwise included in a collective bargaining unit, who elects to participate in the city's health insurance or HMO plan upon or after retirement in accordance with this subsection (g), but thereafter discontinues or is discontinued from such coverage, or who elects not to participate in the city's group health insurance or HMO plan upon retirement, but thereafter desires to begin participation, may begin or resume coverage onl at any time after retirement. If the retiree can demonstrate continuous health insurance coverage with no lapses in coverage from the time of retirement until the date that the retiree applies to join or rejoin the city's health insurance plan, the retiree shall be eligible for the applicable city contribution toward that coverage. If the retiree cannot 4 • demonstrate continuous unlapsed health insurance coverage from the date of retirement until the date that the employee applies to join or rejoin the city's health insurance plan, the retiree may loin or reioin the city's plan at the retiree's sole expense. (h) City contribution toward retiree health coverage for employees hired on or after March 18, 2006. For employees hired on or after March 18, 2006 and who are eligible for a city contribution pursuant to subsection (g), and upon receipt of normal retirement benefits from a city retirement plan, they shall also receive a monthly payment toward the cost of continued participation in the city group health insurance or HMO plan in the initial amount of $10.00 per year of creditable service, up to a maximum of$250.00 per month until age 65; and $5.00 per year of creditable service up to a maximum of $125.00 per month thereafter. This benefit shall be paid every month that the retiree participates, without lapse of coverage, in a city group health insurance plan for the lifetime of the retired employee, and shall cease upon a lapse in health insurance coverage or the retired employee's death, whichever comes first. - - - - - - - •- - - - - _ eee e. L z. mm- m (h) if the employee has made an election to continue to participate in the city's group health insurance or HMO plan prior to termination of city employment 1 - - - discontinued from such coverage; and if such employee participates in the defined contribution retircment system the employee must also satisfy the employment requirement in subsection (g), above. Any such eligible employee shall, upon •- _ _ - _ - L., * _ _ - -- •-• •- - - - - •• '.'! _- -- - "- - - - servicc, up to a maximum of$250.00 per month until agc 65; and $5.00 per year of creditable service up to a maximum of $125.00 per month thereafter. This benefit shall be paid during thc lifetime of thc retired employee, and shall cease upon the retired employee's death. Notwithstanding the foregoing, employees in classifications within the AFSCME, GSA and any other bargaining unit excluding the CWA bargaining unit, shall not be eligible for the benefit described in this provides for such benefit. (i) Sec. 78 82. Health maintenance organization (HMO). 5 (a) Mcmbcr. For all employees, Tthc contribution of an HMO member to the costs of commission as part of the annual city budget. (b) City. {1) For employees hired before March 18, 2006, Tthe contribution of the city on behalf of HMO members to the costs of the benefits as provided for in his/her agreement shall be a specific amount as determined by the amount of funds budget came rate on behalf of retirants who elect to continue their agreements and pensioners who elect to become members of the plan. The board shall ascertain administrative costs to the city manager for his review, recommendation and budget (c) Medicare pensioners'contributions. For employees hired before March 18, 2006, 65 and over, eligible for Medicare benefits and who are members of the plan provided for in the agreements of those employees, retirants, pensioners and commission as part of thc annual budget, plus the same specific amount of the basis. (d) City's contribution to Medicare pensioners. For employees hired before March 18, 2006, Tthc contribution of thc city on behalf of the members of the plan age 65 and over and eligible for Medicare benefits to the costs of the benefits provided which covers members only who are not eligible for Medicare benefits or which benefits. 6 with the plan providing for bcncfits on a family basis, and either is making contributions for the samc, thc other spouse or domestic partner she required to contribute to the plan. Any members believing they qualify under this partners and shall indicate from which spouse's or domestic partner's pay contributions are to be deducted. Such notice shall become effective as of the contributions made prior to the effective date of any notice. (f) Election b cm.lo ees retirin• before thc effective datc of this ordinance Ord. No. to continue participation in group health insurance following retirement. Effective on and after the date this [Ord. No. 2006 3505] is adopted, intends to participate in the. city's group health-insurance or HMO plan upon retirement must have made a one time, irrevocable written election, prior to - _ „ a - - --- - - - - to termination of city employment shall be eligible for the applicable city employee who elects to continuc under the city's health insurance or HMO plan upon retirement in accordance with this subsection (f), but thereafter discontinues or is discontinued from such coverage, may resume coverage only at the employee's expense, with no city contribution toward the cost of such the GSA and any other bargaining unit excluding the CWA and AFSCME bargaining units, shall not be required to make the above election unless and (g) Ten year service requirement. Effective on the date this ordinance [Ord. No. 2006 3505] is adopted, any employee who previously elected or thereafter required to have at least ten years of regular, full time city employment before CWA, AFSCME or GSA bargaining units shall not be required to meet the collective bargaining agreement is ratified that provides for such requirement. 7 thereafter elects to participate in the defined contribution retirement system cligiblc for retiree health bcnefits. (g) Election by employees retiring on or after the effective date of this ordinance to participate in the city's group health insurance following retirement. On and after the effective date of this ordinance[Ord. No. 1, any unclassified pension eligible cmploycc or former cmploycc retiring after the effective date of this plan upon or after retirement may make a one time, irrevocable written election at any time at or after employment termination, prior to termination of city employment, to continue to participate in the city's group health insurance or upon _ retirement. Any pension eligible employee who elects to participate in accordance with this subsection (g), but thereafter discontinues or is discontinued from such coverage, or who elects not to participate in the city's group health insurance or HMO plan upon retirement, but thereafter desires to begin participation, may begin or resume coverage only at the employee's continuous health insurance coverage with no lapses in coverage from the time of retirement until the date that the retiree applies to join or rejoin the city's health insurance plan, the employee shall be eligible for the applicable city contribution toward that coverage. If the retiree cannot demonstrate continuous unlapsed heap-insurance coverage from the date of retirement until the date that the cmploycc applies to join or rejoin the city's health insurance plan, the retiree may join or rejoin the city's plan at the retiree's sole expense. the effective date of this ordinance [Ord. No. 2006 3505], except as otherwise provided below, shall be eligible for a city contribution toward the cost of continued health insurance coverage in accordance with this subsection (h). Any such employee shall be eligible for the benefit provided in this subsection (h) if the employee has made an election to continue to participate in the city's • - - - - _ _ - _ _ LI * - - - - - - -- - - - ' . - - _ _ • - - - - - - - - - - - ' - -- • - - - • - - - - -- - - - -- - - --- - discontinued from such coverage; and if such employee participates in the defined contribution retirement system the employee must also satisfy the shall, March 18, 2006 and who arc eligible upon receipt of normal retirement benefits from a city retirement plan, th v shall also receive a monthly payment toward the cost of continued participation in the city group health insurance or •- -- •- I! - - e - - maximum of $250.00 per month until age 65; and $5.00 per year of creditable service up to a maximum of $125.00 per month thereafter. This benefit shall be 8 . .. • - - - bargaining unit, shall not be eligible for the benefit described in this subsection for such benefit. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of ate, 2021. OR This Ordinance shall take effect 10 days after enactment. PASSED AND ADOPTED this /2' day of may , 2021. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk Underline denotes additions S ethreugh denotes deletions 11;1ORP toRATEU *11' 3 0, denotes deletions at Second Reading . 5 APPROVED AS TO (Sponsored by GONGORA) FORM & LANGUAGE &FOR EXECUTION 9 City Attorney Date Ordinances-R5 K MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz,Acting City Attorney DATE: May 12, 2021 2:20 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 78, ARTICLE II THEREOF, ENTITLED "EMPLOYEE BENEFIT PLANS;" AMENDING SECTION 78-81, "ENTITLED GROUP HEALTH INSURANCE," TO PROVIDE THAT ANY EMPLOYEE WHO ELECTS TO DECLINE PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PLAN FOLLOWING RETIREMENT AFTER THE EFFECTIVE DATE OF THIS ORDINANCE MAY RESUME COVERAGE AND BE ELIGIBLE FOR THE CITY'S CONTRIBUTION TOWARDS THE COST OF COVERAGE IF IT IS DEMONSTRATED THAT THE RETIRED EMPLOYEE HAS MAINTAINED CONTINUOUS COVERAGE UNDER ANOTHER GROUP HEALTH PLAN SINCE THEIR DATE OF RETIREMENT OR SINCE THE DATE ON WHICH THEY LAST OPTED OUT OF THE CITY'S GROUP HEALTH INSURANCE PLAN; REPEALING SECTION 78-82, ENTITLED "HEALTH MAINTENANCE ORGANIZATION;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. ANALYSIS See attached memorandum. SUPPORTING SURVEY DATA N/A Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Page 399 of 859 Sponsor Vice-Mayor Michael Gongora ATTACHMENTS: Description ❑ Commission Memorandum ❑ Ordinance Page 400 of 859 DocuSign Envelope ID:CDOCEEEF-64BE-49AD-B1F6-E8A4446C5921 r, 1 f, .. .`.�`, I f) a- FA 3 i. t E OFFICE OF THE CITY ATTORNEY RAFAEL PAZ,ACTING CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER MEMBERS OF THE CITY COMMISSION SECOND READING FROM: RAFAEL A. PAZ,ACTING CITY ATTORNEY DocuSlgned by: KaF tL a. PM, DATE: MAY 12, 2021 4B242F61639E4B0... SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 78, ARTICLE II THEREOF, ENTITLED "EMPLOYEE BENEFIT PLANS;" AMENDING SECTION 78-81, "ENTITLED GROUP HEALTH INSURANCE," TO PROVIDE THAT ANY EMPLOYEE WHO ELECTS TO DECLINE PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PLAN FOLLOWING RETIREMENT AFTER THE EFFECTIVE DATE OF THIS ORDINANCE MAY RESUME COVERAGE AND BE ELIGIBLE FOR THE CITY'S CONTRIBUTION TOWARDS THE COST OF COVERAGE IF IT IS DEMONSTRATED THAT THE RETIRED EMPLOYEE HAS MAINTAINED CONTINUOUS COVERAGE UNDER ANOTHER GROUP HEALTH PLAN SINCE THEIR DATE OF RETIREMENT OR SINCE THE DATE ON WHICH THEY LAST OPTED OUT OF THE CITY'S GROUP HEALTH INSURANCE PLAN; REPEALING SECTION 78-82, ENTITLED "HEALTH MAINTENANCE ORGANIZATION;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. On April 21, 2021, the Mayor and City Commission approved the above-referenced Ordinance, sponsored by Vice Mayor Gongora, on first reading. The proposed Ordinance is submitted for the Mayor and City Commission's consideration on second reading, and is discussed more fully below. BACKGROUND The City provides medical and dental insurance("the Plan")to its employees and retirees through a self-funded plan that is currently administered by Cigna Health. The City contributes toward the cost of retiree health insurance coverage that is determined by the City Commission each year as part of the City budget process, based on available funds. See City Code Secs. 78-81 (group health insurance) and 78-82 (Health Maintenance Organization (HMO)). Some governmental entities are moving away from funding retiree health benefits, especially at the rate equal to those of active employees. However, offering post-employment health benefits that are funded by the City is a recruitment tool that aids in the City's hiring process. The Plan Page 401 of 859 DocuSign Envelope ID:CDOCEEEF-648E-49AD-B1 F6-E8A4446C5921 currently has approximately 2,800 members, including active employees, retirees, and dependents (excluding police and fire). Twenty-seven (27%) percent of the plan members are retirees and their dependents. The City is currently funding approximately 50% of the premium cost for retiree health benefits.' On March 8,2006,the Mayor and City Commission adopted Ordinance No.2006-3505,that made changes to the City's Group Health Insurance Program for retiring employees. The changes adopted in this Ordinance included (1)election to continue participation in group health insurance following retirement; (2) employees who participate in the Defined Contribution Retirement System (401a Plan) must have ten years of full-time City employment to be eligible for retiree health benefits2; and (3)any employee hired on or before the effective date of the Ordinance shall be eligible for a City contribution toward the cost of continued health insurance coverage if the employee has made an election to continue to participate in the City's group health insurance prior to termination of City employment, and has not thereafter discontinued or been discontinued from such coverage. The contribution shall be an initial amount of $10 per year of creditable service, up to a maximum of$250 per month until age 65, and $5 per year of creditable service, up to a maximum of$125 per month thereafter. The 2006 Ordinance requires that an employee who intends to participate in the City's health plan upon retirement, must make a one-time irrevocable written election, prior to termination of City employment, to continue to participate in the City's health plan upon retirement. The Ordinance is silent on the matter of retired employees who become employed with organizations that provide employer-sponsored healthcare coverage. This means that when retired employees are provided with an opportunity to enroll in another employer-sponsored healthcare plan, they are only able to do so with an understanding that reenrolling in the City's Plan in the future could only be done at their expense, with no City contribution toward the cost of coverage. The currently proposed Ordinance would reverse this requirement, and allow City retirees to reject or leave the City's health insurance Plans, but retain the ability to rejoin and receive payment of 1 At First Reading, Deputy City Attorney Rob Rosenwald misspoke in response to a question from Commissioner Arriola, stating that a young employee who was employed by the City for just five years would be entitled to receive 60% of his health insurance payments paid by the City from retirement age until death. While retirees hired before 2006 receive an approximately 50% city contribution toward health insurance, retirees hired after 2006 get a graduated stipend that increases with years of service. So, the five-year employee would only receive a small city contribution of$50 per month toward the cost of City health insurance after retiring. The stipend schedule for the Tier C employees that we currently use is as follows: For employees hired on or after March 18,2006 and who are eligible for a city contribution,they receive a monthly payment toward the cost of continued participation in the city group health insurance in the initial amount of$10.00 per year of creditable service, up to a maximum of$250.00 per month until age 65; and $5.00 per year of creditable service up to a maximum of$125.00 per month thereafter. 2 Employees of the Miami Beach Employees' Retirement Plan shall have at least five (5) years of regular, full-time City employment before becoming eligible for retiree health benefits. 2 Page 402 of 859 DocuSign Envelope ID:CDOCEEEF-64BE-49AD-B1 F6-E8A4446C5921 the City's contribution so long as they can demonstrate unlapsed coverage from another source for the period that they were not insured by the City. On March 26, 2021, the City's Finance and Economic Resiliency Committee discussed the substantive amendments contained in the Ordinance proposed for First Reading, and forwarded it to the City Commission with a positive recommendation for First Reading. The Ordinance was submitted and passed on First Reading by the Mayor and City Commission at the April 21, 2021 City Commission Meeting. It is submitted for second reading today. ANALYSIS The proposed change to Ordinance 2006-3505 would allow employees who retire with the City, reject retiree health insurance, and thereafter are employed with organizations that provide employer-sponsored healthcare coverage,to elect to come back to the City's Plan at a future date and obtain the applicable City funding toward their healthcare coverage. The returning retiree must demonstrate that there were no gaps in coverage upon their return to the City's Plan. If the employee cannot demonstrate continuous unlapsed health insurance coverage since opting out, they can join or rejoin the City Plan but not receive the City contribution toward the premiums. The Administration looked at the group of new retirees for the calendar year of 2020. There was a total of fifty-three (53) vested retirees that began their pension benefit in 2020; however, only 45% of them chose to enroll in the City's healthcare Plan. If we were to implement the proposed change to the Ordinance-the remaining 55% of retirees who declined to enroll in the plan at the outset of their retirement would be eligible to reenroll in the future with the applicable City subsidy only if they are able to provide proof of continuous medical coverage for the entire period of time following their retirement date. It is difficult to determine the actual fiscal impact of this proposed change, mainly because we do not know the reasons why employees who are retirement eligible age choose not to elect the City's Plan. The Administration engaged the City's healthcare benefits consultant, Gallagher Benefits Services, Inc.("GBS"),who has prepared a projected financial impact based on various scenarios. When evaluating the data, GBS determined that currently a vast majority of employees retire prior to age 60. The City has 200 actives between the ages of 55 and 59, but only 78 between 60 and 64. That information supported GBS's decision to use 55 and 58 as the "anchor" years for assumed retirement. The GBS analysis s sown below is the projected impact of allowing retirees to leave the City's health plan at retirement and return later and still receive the City's subsidy. The analysis includes the following key assumptions: 1. Average cost and contributions based on most recent GASB 75 valuation 2. Forty-five (45) eligible retirements per year 3. Annual medical inflation of 5% Assumed Average Aqes Leaving/Returning to Plan Age Leaving 55 58 58 55 Age Returning 65 65 62 62 Distribution 20% 30% 20% 30% 3 Page 403 of 859 DocuSign Envelope ID:CDOCEEEF-648E-49AD-B1 F6-E8A4446C5921 Summary of Assumed Elections at Retirement Decision Class Assumed% Impact to City of Retirees Would have stayed on the plan anyway and still 1 50% None stay on the plan Would have stayed on the plan but now leave 2 20% City saves cost while and return for the subsidy retiree is not on plan Would have left the plan and never come back 3 15% City pays cost of — now come back for subsidy coverage after return to plan Would have left the plan and come back without 4 0% City pays cost of subsidy—now get subsidy subsidy Would have left the plan and never come back 5 15% None and still do not come back Projected Annual Impact to City: Year Estimated Savings/ (Cost)to City 1 $100,476 2 $210,999 3 $332,324 4 $465,254 5 $546,528 6 $634,766 7 $730,462 8 $740,811 9 $750,369 10 $759,031 11 $732,845 12 $702,143 13 $666,539 14 $625,618 15 $578,940 16 $526,029 17 $466,380 18 $399,451 19 $324,664 20 $241,398 21 $148,995 22 $ 46,748 23 ($66,097) 24 ($190,342) 25 ($326,847) 4 Page 404 of 859 DocuSign Envelope ID:CDOCEEEF-64BE-49AD-B1 F6-E8A4446C5921 Caveat: These values are very sensitive to the assumptions used and even small changes in the assumptions will cause material changes in the results. We are confident that the City would see lower costs in early years but take on more expense in later years. Our best estimate is that the early savings will more than offset later expense. Based on the analysis completed by GBS, The Administration is comfortable in making an amendment to the current Ordinance No. 2006-3505. The following changes are recommended which will provide retired employees the flexibility to choose the best healthcare plan for themselves and their families as well as to provide the City with the cost savings associated with allowing retirees to opt out of the City's healthcare Plan: 1. Retired employees will be provided the opportunity to opt out of the City's group health insurance plan and subsequently reenroll at a future date with the City's contribution toward the cost of coverage only after submitting documented proof that demonstrates that they have been continuously enrolled by another group health plan without a lapse in coverage for the duration of time since they opted out. If the employee cannot demonstrate continuous unlapsed health insurance coverage since opting out, they can join or rejoin the City Plan but not receive the City contribution toward the premiums. 2. The above change should only be implemented to Unclassified or "Other' employees who retire on or after the effective date,of the amendment and should remain a subject of collective bargaining for any employees who are a part of a collective bargaining unit. Employees who retired before the effective date of this Ordinance will still be subject to the prior rule, which is now set forth in Sec. 78-81 (f). Additionally, the Administration and the City Attorney's Office have cleaned up language in Code sections 78-81 and 78-82 to remove references to City HMOs, because we currently do not offer any HMO Plan to any employee. We used the term "city group health insurance plan" broadly enough to encompass HMOs if the City should, at some point in the future, again elect to offer an HMO Plan. Consistent with that cleanup, Sec. 78-81 was edited to redact any reference to HMOs,3 and Sec. 78-82, which deals solely with HMO Plans, has been repealed entirely in our draft Ordinance for Second Reading. CONCLUSION The City Attorney's Office and Administration recommends that the City Commission approve the pr+::posed Ordinance amendments on Second Reading. RAP/RR/ym 3 Three references to "HMO Plans" were inadvertently left in the First Reading draft of Sec. 78- 81. Those references have been removed from the proposed amended Ordinance on Second Reading. 5 Page 405 of 859