The district shall provide health and welfare benefits for certificated and classified employees in bargaining units in accordance with state and federal law and subject to negotiated employee agreements.
(cf. 4140/4240 - Bargaining Units)
(cf. 4141/4241 - Collective Bargaining Agreement)
Management, administrative, confidential and supervisory employees shall receive the same benefits as those specified in the collective bargaining agreements for certificated and classified employees.
Retired management, administrative, confidential and supervisory employees hired after December 17, 2007 shall receive the same benefits at retirement as specified in the collective bargaining agreements for certificated and classified employees.
Retired managers, confidential, administrative, and supervisory employees hired prior to December 17, 2007 are offered retirement benefits as follows:
1. The Fallbrook Union Elementary School District will provide retired management employees the same health and insurance benefits being provided other district employees to the extent stipulated under the following rules and regulations:
a. The employee must retire from the Fallbrook Union Elementary School District
b. Must be receiving a retirement from either STRS, PERS or both
c. Not eligible if employee leaves for reasons other than retirement
2. The employee must have served a minimum of at least five years with the Fallbrook Union Elementary School District just prior to retirement.
Premiums
Years of Service w/FUESD Percentage of Premium for Employee
Just Prior to Retirement Only to be Paid
Less than 5 years 0 percent
5 years 25 percent
6 years 30 percent
7 years 35 percent
8 years 40 percent
9 years 45 percent
10 years 50 percent
11 years 55 percent
12 years 60 percent
13 years 65 percent
14 years 70 percent
15 years 75 percent
16 years 80 percent
17 years 85 percent
18 years 90 percent
19 years 95 percent
20 years 100 percent
Amount to be paid by the retired employee:
1. 100 percent of dependent coverage. Applicable percentage of employee premium as determined by the above chart.
2. Retiree shall pay the full amount of this share of the annual premium in advance each year. (Education Code 44965, 44978; Labor Code 1420.2)
For purposes of granting benefits pursuant to state law, a registered domestic partner and his/her child shall have the same rights, protections, and benefits as a spouse and spouse's child. (Family Code 297.5)
The Superintendent or designee shall not use or disclose any medical information the district possesses pertaining to an employee without the employee's authorization obtained in accordance with Civil Code 56.21, except for the purpose of administering and maintaining employee benefit plans and for other purposes specified in law. (Civil Code 56.20)
(cf. 4112.6/4212.6/4312.6 - Personnel Files)
Continuation of Coverage
Retired certificated employees, other employees who would otherwise lose coverage due to a qualifying event specified in law and administrative regulation, and their qualified beneficiaries may continue to participate in the district's group health and welfare benefit plan and dental care benefits in accordance with state and federal law.
To receive continuation coverage, covered employees and their qualified beneficiaries shall pay the premiums, dues, and other charges, including any increases in premiums, dues, and costs incurred by the district in administering this program.
Legal Reference:
EDUCATION CODE
7000-7008 Health and welfare benefits, retired certificated employees
17566 Self-insurance fund
35208 Liability insurance
35214 Liability insurance (self-insurance)
44041-44042 Payroll deductions for collection of premiums
44986 Leave of absence, state disability benefits
45136 Benefits for classified employees
CIVIL CODE
56.10-56.16 Disclosure of information by medical providers
56.20-56.245 Use and disclosure of medical information by employers
FAMILY CODE
297-297.5 Rights, protections and benefits under law; registered domestic partners
GOVERNMENT CODE
22750-22944 Public Employees' Medical and Hospital Care Act
HEALTH AND SAFETY CODE
1366.20-1366.29 Cal-COBRA program, health insurance
1367.08 Disclosure of fees and commissions paid related to health care service plan
1373 Health services plan, coverage for dependent children over 18 who are full-time students
1373.621 Continuation coverage, age 60 or older after five years with district
1374.58 Coverage for registered domestic partners, health service plans and health insurers
INSURANCE CODE
10116.5 Continuation coverage, age 60 or older after five years with district
10128.50-10128.59 Cal-COBRA program, disability insurance
10277-10278 Group and individual health insurance, coverage for dependent children
10604.5 Annual disclosure of fees and commissions paid
12670-12692.5 Conversion coverage
LABOR CODE
2800.2 Notification of conversion and continuation coverage
4856 Health benefits for spouse of peace officer killed in performance of duties
UNEMPLOYMENT INSURANCE CODE
2613 Education program; notice of rights and benefits
UNITED STATES CODE, TITLE 1
7 Definition of marriage, spouse
UNITED STATES CODE, TITLE 26
139C COBRA premium assistance, elimination of subsidy for high-income individuals
4980B COBRA continuation coverage
6432 COBRA premium assistance
6720C COBRA premium assistance, failure to notify health plan of cessation of eligibility
UNITED STATES CODE, TITLE 29
1161-1168 COBRA continuation coverage
UNITED STATES CODE, TITLE 42
CODE OF FEDERAL REGULATIONS, TITLE 26
54.4980B-1-54.4980B-10 COBRA continuation coverage
CODE OF FEDERAL REGULATIONS, TITLE 45
164.500-164.534 Health Insurance Portability and Accountability Act (HIPAA)
Management Resources:
INTERNAL REVENUE SERVICE GUIDANCE
Premium Assistance for COBRA Benefits, Notice 2009-27
WEB SITES
CSBA: http://www.csba.org
California Department of Industrial Relations: http://www.dir.ca.gov
California Employment Development Department: http://www.edd.ca.gov
Internal Revenue Service: http://www.irs.gov
U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services: http://www.cms.hhs.gov
U.S. Department of Labor: http://www.dol.gov
Policy FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT
adopted: September 6, 2011 Fallbrook, California