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This an article of the 2000-2003 contract with teachers that are represented by the Alameda Education Association. Here the complete table of contents of the contract.

ARTICLE 12

HEALTH AND WELFARE BENEFITS

Article 12 from the 2003 Contract

12.01 District-Provided Coverage

For the term of this Agreement, the District agrees to contribute monthly towards benefits for all employees and their dependents except for dental, vision, and term life insurance. To December 31, 1998 the cost of dental, vision, and life insurance shall be covered by the District. Effective January 1, 1999 dental, vision, and term life insurance shall be covered by unit members’ elections under the 125 Plan. (see 12.08) Domestic partners and their dependents shall also be covered. For Adult School unit members, the District shall continue to provide dental, vision, and term life coverage. Providers and rates are specified in Appendix D.

Rate increases in medical plans during the life of the Contract shall be covered by the District to the amount of the medical cap. For the period July 1, 2000 to June 30, 2002, the amount of the medical cap is $363. For the period July 1, 2002 to June 30, 2003, the amount of the medical cap shall be increased by the same percentage used for salary increases as of the same date pursuant to paragraph 14.01. If no family medical plan is offered at the medical cap or less, the District may (1) raise its contribution above the medical cap to cover the least expensive family medical plan; (2) cover 50% of any increase above the medical cap to a maximum of $370.00 for the least expensive family medical plan (i.e., a maximum additional contribution of $10.00) with a deduction from the employee's salary of the other 50%; or (3) reopen negotiations. Should the District choose to reopen negotiations, option 2 above (50% pickup) shall be in effect during the negotiations process. Any cost above $370.00, or above the least expensive family medical plan if it is less than $370.00 but more than the medical cap, shall be covered by a deduction from the employee's salary.

The availability of currently offered medical plans is conditioned upon the insurance carriers' continued contracting with the District.

Other benefits shall be covered in full for the life of the contract.

12.02 Retirement Health Plan

12.02.01 Length and Coverage: Each retired employee is entitled to the same medical benefit as a full-time employee, except that he/she shall be entitled to employee-only coverage. The employee will be covered until his/her 65th birthday. He/she may elect to cover his/her spouse at his/her own expense. Providers and rates are specified in Appendix D.

12.02.02 Eligibility: Qualifying employees must be 52 to 65 years of age.

12.03 Tax-Sheltered Annuities

12.03.01 If satisfactory evidence of other medical coverage is produced and an employee so authorizes, the District shall contribute the least expensive single medical rate for early retirees to a tax-sheltered annuity in lieu of providing medical coverage. This benefit shall be available to full- time employees and to part-time employees on a prorated basis. This should be done under a section 125 Plan in accordance with section 12.08.

An employee may participate in the tax-sheltered annuity of his/her choice with the Board providing payroll deduction for this purpose.

12.04 Duration of Benefits

12.04.01 The benefits provided in this Article shall remain in effect during the term of this Agreement.

12.04.02 Should an employee's contract terminate during the school year, he/she shall be entitled to continue coverage under the life, vision, and dental care plans for a period not to exceed six (6) months at his/her own expense. Such employee shall pay the premium for the continued coverage on a quarterly basis.

12.04.03 Should an employee's contract terminate following the last day of the school year and before the commencement of the ensuing school year, he/she shall be entitled to continue under the life, health, vision and dental care plans until October 1, of the ensuing school year at District expense.

12.04.04 Any employee on an unpaid leave under this Agreement shall be entitled to continue coverage under the plans of this Article by paying the premiums on a quarterly basis.

12.04.05 Any employee whose employment terminates during the life of this contract shall be entitled to continuing medical coverage on District plans at his/her own expense in accord with federal law.

12.05 Benefits for a Part-Time Employee

12.05.01 A part-time employee shall have the option of buying into any of the employee benefit plans by paying the premium difference between the ratio of part-time employment and full-time employment, i.e., 60% employee would pay 40% of the premium. In lieu of 12.03.01, the part-time employee may apply that amount to Delta Dental, VSP, and/or life insurance.

12.05.02 Such employee shall become eligible upon the first day of employment.

12.06 Open Enrollment

Open Enrollment which allows for change in fringe benefits coverage will be yearly for a month’s duration announced by the District and the Association.

12.07 Domestic Partners

Employees' domestic partners and their dependents shall be eligible for benefits on the same terms as employees' spouses and their dependents, subject to carrier availability.

12.07.01 Definition

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 may be established between two persons regardless of their gender.

12.07.02 Criteria

12.07.02.01 A domestic partnership shall be established when all the following requirements are met:

a. Both persons have a common residence.

b. Both persons agree to be jointly responsible for each other's basic living expenses incurred during the domestic partnership.

c. Neither person is married nor a member of another domestic partnership.

d. The two persons are not related by blood in a way that would prevent them from being married to each other in this state.

e. Both persons are at least 18 years of age.

f. Both persons are capable of consenting to the domestic partnership.

g. Both persons have filed a Declaration of Domestic Partnership (Appendix I-1 or I-2) with the Alameda Unified School District.

h. It has been at least six months since either of the two parties has filed a Notice of Termination of Domestic Partnership (Appendix I-3 or I-4) with the Alameda Unified School District. This prohibition does not apply if the previous domestic partnership ended because one of the partners died or married.

i. The two parties agree to notify the Alameda Unified School District in writing if there is a change in the circumstances attested to in the Declaration of Domestic Partnership or if the domestic partnership is terminated.

12.07.02.02 A domestic partnership shall terminate when any of the following occurs:

a. One partner gives or sends to the other partner a written notice by certified mail that he or she is terminating the partnership.

b. One of the domestic partners dies.

c. One of the domestic partners marries.

d. The domestic partners no longer have a common residence. A temporary separation resulting from work, education, or health related requirements shall not constitute the cessation of a common residence.

12.07.03 Registration

Two persons desiring to become domestic partners shall file the appropriate Declaration of Domestic Partnership (Appendix I-1 or I-2) with the Alameda Unified School District.

a. Two persons who are either (1) of the same sex or (2) of opposite sexes if one or both persons are over the age of 62 shall complete and file a Declaration of Domestic Partnership with the California Secretary of State on the form prepared by the Secretary of State (Appendix I-1). A copy of this form shall be filed with the Alameda Unified School District.

b. Two persons who are of opposite sexes if both persons are age 62 or under shall complete and file a Declaration of Domestic Partnership on the form prepared by the Alameda Unified School District (Appendix I-2).

12.07.04 Termination

Upon termination of the partnership, the employee shall notify the District by filing the appropriate Notice of Termination of Domestic Partnership (Appendix I-3 or Appendix I-4) with the District.

a. Two persons who are either (1) of the same sex or (2) of opposite sexes if one or both persons are over the age of 62 shall complete and file a Notice of Termination of Domestic Partnership with the California Secretary of State on the form prepared by the Secretary of State (Appendix I-3). A copy of this form shall be filed with the Alameda Unified School District.

b. Two persons who are of opposite sexes if both persons are age 62 or under shall complete and file a Notice of Termination of Domestic Partnership on the form prepared by the Alameda Unified School District (Appendix I-4).

All benefits provided by this section shall cease as of the last day of the month following the receipt of the Notice of Termination of Domestic Partnership. The Notice of Termination of Domestic Partnership must be filed within thirty (30) days of the end of the domestic partnership. If the District suffers any loss as a result of the employee’s failure to file notice, the employee shall be liable to the District for actual loss engendered by the failure to receive notice that the domestic partnership has been terminated.

12.07.05 Application and Terms

In order to receive any benefit provided for by this section, an employee and his or her domestic partner shall complete, have notarized, and file with the District a Declaration of Domestic Partnership as specified. The employee shall also file with the District a signed Statement of Financial Liability indicating that the employee agrees that he or she is may be required to reimburse the District and/or the District’s designated health services plan for any expenditures made by the District and/or the District’s health services plan, for medical claims, processing fees, administrative charges, costs and attorneys fees on behalf of the domestic partner if any of the submitted documentation is found to be incomplete, inaccurate, or fraudulent (Appendix I-5).

Employer-paid health care coverage for the domestic partner and dependents is considered taxable income to the employee unless the domestic partner is a dependent of the employee as that term is defined by Section 152(a) of the Internal Revenue Code. This benefit coverage is subject to federal income tax and must be reported as imputed income on the employee's Form W-2. The District must pay FICA and FUTA taxes on these amounts and ensure adequate withholding.

The non-employee domestic partner does not have rights to continuing coverage under federal law through COBRA or under any state law.

The District shall be indemnified by the employee against any legal action pursued by another party under community property, contract, or family laws.

12.08 125 Plan

Each employee eligible for fringe benefits under this agreement who can show satisfactory evidence of other medical coverage may elect under the District 125 plan to have an amount equal to the least expensive single medical rate for early retirees paid to him/her as a taxable cash benefit, subject to appropriate tax, instead of receiving medical coverage from the District. The employee may also elect to have this taxable cash benefit invested in a tax sheltered annuity of his/her choice, after withholding appropriate Medicare/FICA and other payroll deductions, subject to a monthly administrative fee.

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Article 12 from the 2003 Contract

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Last modified: January 12, 2004

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