(a) There is hereby created and established in the Treasury of the City of Los Angeles a special trust fund to be known as the "Employee Benefits Trust Fund", hereinafter referred to in this chapter as the "Fund".
(b) The purpose of the Fund shall be for the receipt and retention of contributions made by the City and Program participants for the funding of the Civilian Benefits Program.
(c) All interest and other earnings attributable to monies in the Fund shall be credited to the Fund.
(d) Monies deposited in the Fund shall be used to pay for all premiums, cash in lieu of coverage, administrative and operating costs, as approved by the Joint Labor-Management Benefits Committee, incurred in the administration of the Civilian Benefits Program in accordance with established practice; provided however, that no expenditure shall be made from the Fund for any purpose which is contrary to the budget policy of the Joint Labor-Management Benefits Committee, as established by the Mayor and City Council, with respect to the Fund.
(e) The Fund shall be administered and expenditures shall be authorized by the Joint Labor-Management Benefits Committee or its designee.
(f) Monies not expended from the Fund in any fiscal year shall not revert to the Reserve Fund, but shall remain in the Fund.
(g) The Chairperson of the Joint Labor-Management Benefits Committee shall report to the City Council and the Mayor regarding and identifying all receipts into, and all expenditures out of, the Fund, as well as the purposes for which the expenditures were made. Each report shall cover a fiscal year and shall be submitted within 90 days after the close of said fiscal year.
(h) Refunds from the Fund.
(1) Any premium contribution monies returned to the Fund from benefit program service providers contracted under the Civilian Benefits Program or its successor program, hereinafter referred to in this chapter as "Returned Premium Contributions", shall be separately identified and deposited into a separate account of the Fund known as the "Refund Account".
(2) Returned Premium Contributions deposited in the Refund Account shall be used to issue refunds to a Program participant or former Program participant whose premium contributions or portion thereof was returned to the Fund by benefit program service providers contracted under the Civilian Benefits Program or its successor program.
(3) In the event a Program participant or former Program participant described in Subsection (h)(2) is unable to be located by reason of death, the refund shall be made available to such Program participant or former Program participant's estate, heir, assignee or designee.
(4) Except as provided under Subsection (h)(8), Returned Premium Contributions deposited in the Refund Account shall remain in the account and be made available to issue refunds to the persons described in Subsection (h)(2) or (h)(3).
(5) Returned Premium Contributions shall not revert to the Reserve Fund.
(6) Returned Premium Contributions shall accrue interest at the rate accrued by the City until collected by the persons described in Subsection (h)(2) or (h)(3).
(7) Any accrued interest attributable to a Returned Premium Contribution shall be included in any refund issued to the persons described in Subsection (h)(2) or (h)(3).
(8) Any refund, including attributable accrued interest, that remains uncollected within three years from the date made available to a person described in Subsection (h)(2) shall revert to the Fund.
(9) Following the period described in Subsection (h)(8), any refund, including attributable accrued interest, issued to a person described in Subsections (h)(2) and (h)(3) shall be paid from the transfer of such amount from the Fund to the Refund Account.
(10) Returned Premium Contributions deposited in the Refund Account shall not be considered interest or other earnings of the Fund except to the extent described under Subsection (h)(8), as modified by Subsection (h)(9).
(i) Severability. If any provision, clause, sentence, phrase, or portion of this Section 5.495, or the application thereof to any person or circumstance, is held unconstitutional or invalid by any court or tribunal of competent jurisdiction, the remaining provisions, clauses, sentences, phrases, or portions of this Section shall remain in full force and effect, and to this end the provisions, clauses, sentences, phrases, or portions thereof, are severable.
SECTION HISTORY
Chapter and Section Added by Ord. No. 171,416, Eff. 1-2-97.
Amended by: Subsecs. (a), (b), (d) and (h) amended and Subsec. (i) added, Ord. No. 185,623, Eff. 8-1-18.