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Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431, or with any part thereof, shall be superseded by the contents of Charter Sections 12.200 through 12.203 or A8.420 through A8.431. Charter Sections 12.200 through 12.203 or A8.420 through A8.431 shall be interpreted to be consistent with all federal and state laws, rules and regulations. If any of the words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431. If any words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Charter Sections 12.200 through 12.203 or A8.420 through A8.431 which can be given effect. Charter Sections 12.200 through 12.203 or A8.420 through A8.431 shall be broadly construed to achieve their stated purpose.
(Added by Proposition C, Approved 11/8/2011)
There is hereby created a Retiree Health Care Trust Fund (RHCTF) for the purpose described in Section 12.204. Subject to the disbursement limitations set forth in Section A8.432(d) below, the Retiree Health Care Trust Fund Board (Board) shall have exclusive authority and control over the administration of the RHCTF, investments of trust assets, and disbursements from the trust in accordance with the provisions of this Charter.
(a) Employees Who Commenced Employment on or After January 10, 2009
Active officers and employees of the City and County and of other Participating Employers who Commenced Employment on or after January 10, 2009, shall contribute their respective Employer's Normal Cost to the RHCTF. The annual active officer and employee RHCTF contribution rate for each Employer shall be that Employer's Normal Cost, as determined by that Employer's respective Governmental Accounting Standards Board (GASB) Actuary, computed as a percentage of compensation not to exceed 2% of pre-tax compensation for each officer and employee. Each Employer's GASB Actuary shall determine that Employer's respective Normal Cost on a biannual basis.
The City and County and Participating Employers shall each contribute 1% of compensation for officers and employees who Commenced Employment on or after January 10, 2009. Once an Employer's GASB Actuary has determined that an Employer's sub-trust is Fully Funded, and that the Employer is subject to no Unfunded Actuarial Accrued Liability, that Employer's 1% RHCTF contribution shall cease. Thereafter, that Employer and its active officers and employees who Commenced Employment on or after January 10, 2009, shall instead each contribute 50% of the Normal Cost, as determined by that Employer's GASB Actuary, except that the contribution rate for officers and employees shall not exceed 2% of pre-tax compensation. In the event that the contribution rates set forth above do not cover the entire Normal Cost, the Employer shall contribute the balance into the RHCTF.
(b) Employees Who Commenced Employment on or Before January 9, 2009
Notwithstanding any other provision of Charter Sections A8.409 through A8.409-9, and A8.590-1 through A8.590-9, starting July 1, 2016, all active officers and employees of the City and County and Participating Employers who Commenced Employment on or before January 9, 2009, shall contribute 0.25% of pre-tax compensation into the RHCTF. Starting on July 1 of each subsequent year, all active officers and employees of the City and County and Participating Employers, who Commenced Employment on or before January 9, 2009, shall contribute an additional 0.25% of pre-tax compensation up to a maximum of 1%. Notwithstanding the foregoing, the contributions for officers and employees who Commenced Employment on or before January 9, 2009, shall not exceed their Employer's Normal Cost as determined by each Employer's respective General Accounting Standards Board (GASB) Actuary on a bi-annual basis.
Starting July 1, 2016, the Employers shall contribute 0.25% of compensation into the RHCTF for each officer and employee who Commenced Employment on or before January 9, 2009. Starting on July 1 of each subsequent year, the Employers shall contribute an additional 0.25% of compensation, up to a maximum of 1%, for each officer and employee who Commenced Employment on or before January 9, 2009.
Once an Employer's GASB Actuary has determined that an Employer's sub-trust is Fully Funded, and that the Employer is subject to no Unfunded Actuarial Accrued Liability, that Employer's 1% contribution shall cease. Thereafter, that Employer and its active officers and employees who Commenced Employment on or before January 9, 2009, shall instead each contribute 50% of the Normal Cost as determined by that Employer's GASB Actuary, except that the contribution rate for officers and employees shall not exceed 1% of pre-tax compensation. In the event that the contribution rates set forth above do not cover the entire Normal Cost, the Employer shall contribute the balance into the RHCTF.
(c) Segregation of Retiree Health Care Trust Fund Assets
The Board shall segregate RHCTF contributions from the City and County, and its officers and employees, and from each Participating Employer, and its officers and employees, into separate sub-trusts for each Employer. The Board may authorize expenditures from each Employer sub-trust only to defray the respective Employer's obligations to pay for its retiree health care costs under Section A8.428, and to pay for the respective Employer's share of administrative expenses. The Board may pool sub-trust funds for investment purposes only.
(d) Disbursement of Retiree Health Care Trust Fund Assets
(1) In order to ensure a long-term and sustainable funding source to defray the cost of the City's obligation to pay for health coverage for retired persons and their survivors entitled to health coverage under Section A8.428, the Board may authorize disbursements from the City's sub-trust, other than disbursements to defray the reasonable expenses of administering the RHCTF, only during periods when the City's GASB Actuary has determined that the City's sub-trust is Fully Funded. When the City's sub-trust is Fully Funded, the Board may disburse sub-trust assets to defray the cost of the City's obligation to pay for health coverage for its retired persons and their survivors entitled to health care coverage under Section A8.428. The Board shall determine the amount and frequency of such disbursements in consultation with the City's GASB Actuary.
(2) Notwithstanding Section A8.432(d)(1) above, and in order to stabilize City contributions during the transition period until the City's sub-trust is Fully Funded, when the Controller projects that total City retiree health care costs for the upcoming fiscal year will exceed ten percent (10%) of City payroll costs, and upon the recommendation of the Controller, after consultation with the City's GASB Actuary, to the Board that it make disbursements from the City's sub-trust to defray the City's retiree health care obligations under Section A8.428, and subject to approval by the Mayor and by resolution of the Board of Supervisors, the Board may authorize stabilization disbursements but only to the extent necessary to limit the City's retiree health care costs to ten percent (10%) of City payroll costs. Stabilization disbursements may not exceed ten percent (10%) of the audited prior year City sub-trust balance. For the purposes of this Section A8.432(d)(2), total City retiree health care costs shall include the City's employer contributions into the RHCTF under Section A8.432 and the City's retiree health care premium contributions under Section A8.428.
(3) Upon a recommendation of the Controller, after consultation with the City's GASB Actuary, approval of the Mayor, and approval of the Board of Supervisors by a two-thirds vote, the Board may adopt disbursement limitations different from the limitations set forth in Sections A8.432(d)(1) and A8.432(d)(2) above. The Mayor, the Board of Supervisors and the Board may approve or reject, but not alter, the Controller's recommended changes to the disbursement limitations set forth in Sections A8.432(d)(1) and A8.432(d)(2) above. Such recommended changes must effectively balance the City's goal of attaining and maintaining a Fully Funded trust with the City's overall financial obligations.
(4) For Participating Employers other than the City and County of San Francisco, the Board may not make any disbursements from a Participating Employer's sub-trust until the Participating Employer's governing body, after consultation with the Participating Employer's GASB Actuary, has recommended to the Board by a two-thirds vote, and the Board has approved, disbursement limitations that effectively balance the Participating Employer's goal of attaining and maintaining a Fully-Funded trust against the Participating Employer's overall financial obligations.
(e) Additional Contributions to the Retiree Health Care Trust Fund
As set forth in A8.409-7 and A8.590-8, nothing in this section shall prevent the City and County of San Francisco and a recognized employee organization from agreeing to, or an arbitration panel formed pursuant to A8.409-4 or A8.590-5 from awarding, an adjustment in employee contributions into the RHCTF that results in contributions greater than the contributions required under A8.432 for any and all City employees. In no event shall the City and County of San Francisco and a recognized employee organization agree to, or an arbitration panel formed pursuant to A8.409-4 or A8.590-5 award, any reduction in contributions below the minimum level of contributions required under A8.432.
(f) Definitions
"Actuarial Accrued Liability" as used in this section, means "Actuarial Accrued Liability" as that term is defined under GASB No. 45 as may be amended from time to time.
"Commenced Employment on" as used in this section, shall refer to the time an employee starts employment with the City and County, or with a Participating Employer, for the first time, or the time an employee starts employment with the City and County, or with a Participating Employer, on a subsequent occasion after a prior separation from employment with the City and County or any Participating Employer, whichever date is later. For purposes of this Section A8.432, an employee of the City and County who was employed by the former Redevelopment Agency of the City and County of San Francisco (the "Redevelopment Agency") or the Successor Agency to the Redevelopment Agency of the City and County of San Francisco (the "Successor Agency"), and started working for the City and County before March 1, 2015 without a break in service shall be deemed to have commenced employment with the City and County on the date the employee commenced employment with the Redevelopment Agency or the Successor Agency, except that any such former employee of the Redevelopment Agency or the Successor Agency who subsequently separates from employment with the City and County and returns as an employee of the City and County or a Participating Employer at a later date (the "Return Date") shall be deemed to have commenced employment on the Return Date.
"Employer" and "Employers" as used in this section means the City and County and the Participating Employers.
"Fully Funded" as used in this section means that an Employer's GASB Actuary has determined that the market value of assets in a sub-trust equals or exceeds the Employer's Actuarial Accrued Liability.
"GASB Actuary" and "GASB Actuaries" as used in this section means the actuarial firms hired by the Employers to provide estimates of each Employers' respective total liability and annual required contribution for post retirement health benefits under GASB No. 45.
"GASB No. 45" as used in this section means Statement No. 45 of the Governmental Accounting Standards Board, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions as may be amended from time to time.
"Health coverage" as used in this section, means the health benefits or health insurance provided by the health service system for retirees, survivors and dependents under Section A8.428.
"Normal Cost" as used in this section, means each Employer's normal cost under GASB No. 45 as determined by each Employer's GASB Actuary.
"Participating Employers" as used in this section and Sections A8.432-1, A8.510 and 12.204, shall include the Superior Court of California, County of San Francisco, San Francisco Unified School District and the San Francisco Community College District, following a resolution by their respective governing boards to participate in the Retiree Health Care Trust Fund.
(g) Severability
The contents of Charter Sections 12.204 or A8.432 shall supersede any Section or part of any Section in this Charter, insofar as such Section or part should conflict with the provisions of Charter Sections 12.204 or A8.432, or with any part thereof. Charter Sections 12.204 or A8.432 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Charter Sections 12.204 or A8.432 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Charter Sections 12.204 or A8.432. If any words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.204 or A8.432 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Charter Sections 12.204 or A8.432 which can be given effect. Charter Sections 12.204 or A8.432 shall be broadly construed to achieve their stated purpose.
Notwithstanding Charter Section A8.432, the Board of Supervisors shall adopt, by a majority vote, such ordinances as are necessary to create and administer the Retiree Health Care Trust Fund, and such further ordinances as may be necessary to establish and maintain the purpose described in Sections 12.204 and A8.432.
(Amended by Proposition B, Approved 6/3/2008; Proposition D, Approved 6/8/2010; Proposition C, Approved 11/8/2011; Proposition A, Approved 11/5/2013; Proposition D, Approved 11/4/2014)
Beginning on July 1, 2011, in each year when the contribution to the Retirement System required under Section A8.510 is less than the Retirement System employer normal cost rate; (1) the City and County shall deposit the difference into the Retiree Health Care Trust Fund; and (2) the Participating Employers shall deposit the difference into the Retiree Health Care Trust Fund only upon resolution by their respective governing boards.
(Added by Proposition D, Approved 6/8/2010)
(a) Every person employed in the City and County service shall be allowed a vacation with pay annually, as long as he continues in his employment, as follows:
(1) After one year's continuous service, 10 working days.
(2) After five years' continuous service, 15 working days.
(3) After 15 years' continuous service, 20 working days.
(b) Employees may elect not to take their entire vacation in any one year and in such event may accumulate the days allowable and not taken for use at some future time, provided, however, that no employee may accumulate unused vacation allowance in excess of 30 working days regardless of length of service.
(c) In computing vacation pay, no employee shall be considered to work more than five days each week. Vacation pay for employees working less than a five-day week shall be computed proportionately.
(d) If a holiday occurs during such employee's vacation, and the employee would as a matter of law have been entitled to said day as a regular day off, such holiday shall not be considered a day of vacation chargeable to the employee's vacation allowance.
(e) The time when vacations are to be taken shall be at the convenience of the principal executive, with due regard for seniority.
(f) An employee with one year or more of service who ceases to be employed by the City and County and who has neither received nor waived his current annual vacation allowance shall receive a pro-rata payment for all service performed since January 1 of the calendar year in which he ceases to be employed, together with an amount equivalent to any accumulated vacation allowances due him.
(g) The Board of Supervisors shall enact any and all ordinances necessary to administer, interpret and regulate the provisions of Subsections (a) through (f) of this section.
(h) Every employee of the City and County of San Francisco whose rate of compensation is fixed pursuant to the provisions of Sections 8.403 and 8.404 of this Charter shall be entitled to receive an annual vacation at the time, with the pay and of the duration specified in this section and no section of the Charter nor any provision of any collective bargaining agreement nor any street railway or bus wage schedule shall be construed in any manner or for any purpose to increase, reduce or otherwise affect the time or duration of, or pay for, vacations provided by this section nor shall any employee be deemed to have any vacation rights other than or in excess of the vacation rights specified in this section.
(i) The vacation rights granted by this section, or contained in any collective bargaining agreements, or in any street railway or bus wage schedules, as any of said terms are referred to in Sections 8.403 and 8.404 of this Charter, shall in no way increase, reduce or otherwise affect or be deemed to affect the wage or pay rate or schedule determinations made pursuant to the provisions of said Sections 8.403 and 8.404.
(a) Employees of the City and County of San Francisco may transfer their vested vacation allowance credits to other employees of the City and County of San Francisco who have been determined to be catastrophically ill by the employee's head of department, in accord with the definition of catastrophic illness to be provided by the Health Commission, and who have exhausted their vacation allowance, sick leave and compensatory time off, provided that such transfer may be made only in compliance with the terms and conditions established by the Board of Supervisors.
By ordinance, the Board of Supervisors may extend such vacation credit transfer rights to City employees for use as family leave to care for catastrophically-ill spouses, domestic partners or other dependents as defined in the Internal Revenue Code (26 U.S.C. sec. 152), as amended from time to time.
(b) The Board of Supervisors is hereby empowered to enact any and all ordinances necessary to administer, interpret and regulate the provisions of this section.
(Amended November 1999)
Persons employed as platform men or bus operators in the operating department of the municipal railway system shall be subject to the following conditions of employment: The basic hours of labor shall be eight hours, to be completed within 10 consecutive hours, and there shall be two days off, consecutive where practicable, in each week. All labor performed in excess of eight hours in any one day, or after a spread of 10 consecutive hours in any one day, or five days in any one week, shall be paid for at the rate of time and one-half.
Conductors and motormen may be assigned to duty as bus operators and while assigned to such duty they shall receive the compensation fixed for such service. Such assignment shall be governed by seniority of service, subject to a qualifying test by the railroad management as to competency and to state laws as to qualifications and licensing.
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