DIVISION 4 EMPLOYMENT GENERAL

Transcription

1 DIVISION 4 EMPLOYMENT GENERAL Chapter 1 Classified Civil Service 2 Salary Standardization for Employees in Classes of Positions Under the Control of the City Council Except Firemen and Policemen 2.5 Classification and Salary Standardization of Attorney Personnel in the Office of City Attorney 3 Salary Standardization for Firefighters and Policemen 4 Payroll and Reimbursements 5 Reimbursement for Certain Expenses Incurred by City Employees 6 Vacations Leaves of Absence 7 Miscellaneous Provisions 8 Employer Employee Relations 9 Compensation Plan for Department of Water and Power 10 Retirement Benefits and Conditions of Entitlement (Adopted Under the Authorization of Charter Section 1168) 11 Health and Welfare Programs for Retired Civilian Employees 11.5 Health Insurance and Other Benefits for Fire and Police Pension Plans 12 Salaries of Elected Officials 13 Administrative Determinations 14 Deferred Compensation Plan 15 Implementation of Internal Revenue Code Section 414(h)(2) 16 Pension Savings Plan for Part-time, Seasonal and Temporary Employees 17 Reimbursement of Training Costs 18 Excess Benefit Plan 18.5 Limited Term Retirement Plan 19 Changes to Maintain Tax Qualified Status for the Fire and Police Pension Plans Tiers 3 and 4 20 Fire and Police Pension Plan Tier 5 21 Deferred Retirement Option Plan 22 Miscellaneous Fire and Police Pension Plan Provisions CHAPTER 1 CLASSIFIED CIVIL SERVICE

2 Article 1 Examinations 2 Promotions 3 Status and Seniority 4 Certification and Appointment 5 Rules of Board of Civil Service Commissioners 6 Employees Exempt from Classified Civil Service 7 Offices and Positions Not Exempt from Classified Civil Service 8 Removal, Discharge or Suspension 9 Employee Station During Transfer or Consolidation of Governmental Functions, or Subsequent to Acquisition of Utility 10 Restoration of Persons Suspended for Lack of Work, Lack of Funds, or Abolishment of Position ARTICLE 1 EXAMINATIONS Sec Qualifications. Based on Charter Sec Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Veterans Credits. Base on Charter, Sec Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Notice. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper Sec Register of Eligibles. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper Sec Prohibited Acts. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 2 PROMOTIONS Sec Promotions Board Rules.

3 Based on Charter, Sec Amended by: Title and Section, Ord. No. 158,965, Eff Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 3 STATUS AND SENIORITY Sec Transfers. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 4 CERTIFICATION AND APPOINTMENT Sec Procedures to Be Followed. Based on Charter, Sec Amended by: Ord. No. 154,252, Eff ; Subsec. (b), Ord. No. 158,965, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Notice to Board of the Civil Service Commissioners. Based on Chapter, Sec Repealed by Ord. No. 173,308, Eff , Oper Sec Prohibited Acts. Based on Charter, Sec 119. Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 5 RULES OF BOARD OF CIVIL SERVICE COMMISSIONERS Sec Leaves, Transfers, Reinstatement, Tenure. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 6 EMPLOYEES EXEMPT FROM CLASSIFIED CIVIL SERVICE

4 Sec Applicability. Based on Charter, Sec Amended by: Ord. No. 139,315. Eff , showing Charter Sec. 111 as amended at the Primary Nominating Election held , and Eff ; Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Inclusion of Previously Exempt Employees. Based on Charter Sec Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 7 OFFICES AND POSITIONS NOT EXEMPT FROM CLASSIFIED CIVIL SERVICE Sec General Managers of Certain Departments. Based On Charter, Sec /2 Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 8 REMOVAL, DISCHARGE OR SUSPENSION Sec For Cause. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper Sec Claims for Compensation. Based on Charter, Sec /2. Repealed by Ord. No. 173,308, Eff , Oper Sec Violations of Charter. Based on Charter, Sec 124. Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 9 EMPLOYEE STATION DURING TRANSFER OR CONSOLIDATION OF GOVERNMENTAL FUNCTIONS, OR SUBSEQUENT TO ACQUISITION OF UTILITY

5 Sec Inclusion in Classified Civil Service. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper Sec Utilities Acquired by City. Based on Charter, Sec Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 10 RESTORATION OF PERSONS SUSPENDED FOR LACK OF WORK, LACK OF FUNDS, OR ABOLISHMENT OF POSITION Sec Board of Civil Service Commissioners to Make Rules. Based on Charter, Sec Repealed by Ord. No. 173,308, Eff , Oper Sec Fire and Police. Based on Charter, Sec /2. Repealed by Ord. No. 173,308, Eff , Oper CHAPTER 2 SALARY STANDARDIZATION FOR EMPLOYEES IN CLASSES OF POSITIONS UNDER THE CONTROL OF THE CITY COUNCIL EXCEPT FIREMEN AND POLICEMEN Article 1 Non-applicability of Chapter Definitions 2 Classification for Classes of Positions Under the Control of the City Council Except Firemen and Policemen 3 Compensation Plan 4 Service Ratings 5 Applicable Salary Rates Upon Change of Status 6 Maintenance Allowance 7 Compensation to Employees Injured in Course of Employment 7.1 Reimbursement for Lost or Damaged Property of City Employees 8 Hours of Work 9 Legal Holidays and Open and Closed Days for City Offices 10 Leaves of Absence 11 Establishment of New Positions and Employment of Personnel 12 General Provisions ARTICLE 1

6 NON-APPLICABILITY OF CHAPTER DEFINITIONS Section 4.41 Non-applicability of Chapter Definitions of Terms Definitions of Section Headings, Tenses, Gender and Number References. Sec Non-Applicability of Chapter. None of the provisions of this chapter shall apply to any person employed in the Fire Department of the City of Los Angeles who has been duly and regularly appointed under civil service rules and regulations to perform the duties of a regular fireman, or to any person employed in the Police Department of the City of Los Angeles who has been appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer. Based on Ord. No. 89,100. Amended by: Ord. No. 89,934. Sec Definitions of Terms. The words and terms defined in this section shall have the following meanings in this chapter and in any other chapter or ordinance classifying and fixing the salaries and compensation or authorizing employment of personnel in any department, bureau or office of the City of Los Angeles: (a) (b) Charter when used alone means the City Charter of the City of Los Angeles. Council when used alone means the City Council of the City of Los Angeles. (c) City Service or Service of the City means all positions in all departments, bureaus and offices as herein defined, that are subject to control and regulation by the City Council of the City of Los Angeles. (d) Department means any department, bureau or office of the government of the City of Los Angeles, except those departments, which under the Charter, have control of their own definite revenues or funds. (e) Classified Service means all positions in the City service except those specifically placed in the exempt service as provided in the Charter. (f) Exempt Service means all positions in the City service not subject to the Civil Service provisions requiring competitive tests of fitness for appointment and such other provisions, as by their terms, apply specifically to competitive positions alone. All such positions, however, shall be subject to all the provisions of this chapter insofar as consistent with the Charter. (g) Series means one or more occupational or family groups having classes of positions with duties substantially similar in nature and character, such classes being placed in the respective groups to aid in the process of classification, in determining and fixing compensation and in administering the City classification and compensation plan. (h) Group means a major subdivision of a series including one or more classes of positions in an associated craft, occupation, profession or functional activity. (i) Class or Class of Positions means a definitely recognized kind of employment in the City service designed to embrace all positions sufficiently similar in respect to the duties and responsibilities therefor in which: (a) (b) (c) the same requirements as to education, experience, knowledge and ability are demanded of incumbents; the same tests of fitness may be used in choosing qualified appointees; the same schedule of compensation may be made to apply with equity. (j) Title, Class Title or Title of Class means the designation given or name applied by the Board of Civil Service Commissioners to a class or to each position allocated to a class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the corresponding general duties statement and the class specification, and it is always to be used and understood in that sense, even though it may previously have had a broader, narrower or different significance. (k) Position means any office or place of employment or two or more of such offices or places of employments, the duties of which call for

7 services to be rendered by one person. (l) Employee means a person legally occupying a position in the City service. (m) Allocation means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class. (n) Reallocation means a reassignment or change in allocation, of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same level on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. (o) Classification Plan means an orderly arrangement of positions under separate and distinct classes so that each class will contain all those positions which are sufficiently similar in respect to the duties and responsibilities to meet the requirements of Section 1003 of the Charter, such Classification Plan being established and maintained by the Board of Civil Service Commissioners as provided in said section of the Charter. (p) Compensation Plan means the salaries established by ordinance for the several classes of positions recognized in the Classification Plan, so that all positions of a given class or pay grade will be paid the same salary or according to the same salary range established for the class or pay grade. (q) Compensation means the salary, wage, allowances, and all other forms of valuable consideration, earned by or paid to any employee by reason of service in any position, but does not include any allowances for expenses authorized and incurred as incidents to employment. (r) Appointing Authority means any person or group of persons, including any Board, Commission, General Manager, or other officer having the power by law or ordinance, to make an appointment to any position in a specified department of the City of Los Angeles. (s) Department Personnel Ordinance means the ordinance or ordinances passed by the City Council authorizing the employment of a specified number of personnel in each class and setting up the class codes and titles applicable therefor in the respective departments, bureaus and offices of the City, such classes, class codes and titles being named and listed in the salary standardization ordinance. (t) Continuous Service means service without break or interruption during which the employee has been employed by the City. In computing continuous service for the purpose of this chapter, neither military leaves nor leaves of absence on account of illness, whether with or without pay, shall be construed as a break or interruption of service. Other absences or suspensions, aggregating in excess of ninety (90) days in any period of twelve (12) months, including layoffs on account of lack of work, lack of funds, or abolishment of positions, shall be construed as breaking continuous service. For purposes of determining eligibility for military leave with pay as provided in Sections and of this Code, service in the recognized military service prior to employment with the City shall be counted as continuous service. (u) War Duration Personnel means any employee filling temporary positions authorized by the Council for a period not to extend beyond the date on which hostilities in any war shall have cased as fixed either by proclamation of the President of the United States or by concurrent resolution of the two houses of Congress of The United States and six (6) months thereafter. (v) Military Leave Positions when used in this chapter and in the department personnel ordinance, means those positions from which any employees are absent on military leave pursuant to provisions of Section 1023 of the City Charter. (w) Schedule A when used in this chapter means the Salary Classification Plan for all positions for all departments in City service except firemen and policemen. (x) (y) FLSA means the Fair Labor Standards Act; FLSA Non-Exempt Employee means an employee who is covered by the overtime provisions of the Fail Labor Standards Act; (z) FLSA Exempt or Salaried Employee means an employee who is not covered by the FLSA overtime provisions as determined by the General Manager of the Personnel Department; (aa) FLSA Excluded Employees means an employee who is not subject to any FLSA provisions as determined by the General Manager of the Personnel Department; (bb) FLSA Overtime means hours worked in excess of 40 hours in a workweek or in excess of any other standard defined by the FLSA, by a FLSA Non-Exempt Employee; (cc) Non-FLSA Overtime means any hours credited towards overtime pursuant to the Los Angeles Administrative Code which is in excess of FLSA overtime; (dd) (ee) Workweek means a recurring period of seven consecutive days (168 hours); Hours Worked means any hours that an employee is required or permitted to be working by the employee's chief administrative officer of

8 the department or a supervisor delegated the responsibility by such officer; (ff) Compensatory Time Off means accumulated hours for overtime worked. Based on Ord. No. 89,100. Amended by: Subsec. (s), Ord. 117,872; Subsec. (t), Ord. No. 145,801, Eff ; Subsec. (p), Ord. No. 148,563, Eff , Oper ; Ord. No. 173,308, Eff , Oper ; Subsecs. (x) - (ff) added, Ord. No. 175,048, Eff Sec Definitions of Section Headings, Tenses, Gender and Number References. The words and terms defined in this section shall have the following meanings in this chapter and in any other ordinance classifying and fixing the salaries and compensation of positions in any department in the City Service. (a) Section Headings. Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (b) (c) (d) (e) Tenses. The present tense includes the past and future tenses; and the future, the present. Shall and May. Shall is mandatory and May is permissive. Masculine Gender. The masculine gender includes the feminine and neuter. Number. The singular number includes the plural, and the plural the singular. Based on Ord. No. 89,100. ARTICLE 2 CLASSIFICATION FOR CLASSES OF POSITIONS UNDER THE CONTROL OF THE CITY COUNCIL EXCEPT FIREMEN AND POLICEMEN Section 4.49 Proposal to Change Allocation and Reallocation of Positions Amendment and Maintenance of Classification Plan Official Copy of Class Specification in Classification Plan Classification of Positions in the Exempt Service Allocation and Reallocation of Positions to Classes Interpretation of Class Specifications Use of Class Titles of Positions Declaration of Policy on Adjustments to Classification Plan. Sec Divisions of City Service. Based on Ord. No. 89,100. Repealed by Ord. No. 173,791, Eff Sec Exempt and Classified Services. Based on Ord. No. 89,100. Amended by: Ord. No. 89,934. Repealed by Ord. No. 173,791, Eff

9 Sec Classification by Board of Civil Service Commissioners. Based on Ord. No. 89,100. Amended by: Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Proposal to Change Allocation and Reallocation of Positions. It shall be the duty of the General Manager of the Personnel Department to bring to the attention of the Board of Civil Service Commissioners recommendations concerning the allocation or reallocation of any existing position to a different class in the Classification Plan, whenever in his judgment such allocation or reallocation is necessary to comply with Charter Section Such reports and recommendations of the said General Manager, submitted for action to the Board of Civil Service Commissioners, shall be set for public hearing at the conclusion of which the Board of Civil Service Commissioners shall determine what modifications or amendments, if any, should be made in the Classification Plan. Prior to such hearing a report setting forth the proposed amendments or modifications of the Classified Plan shall be transmitted to any departments in which positions will be affected if the proposed change be made. No modification or amendment of the Classification Plan shall be made unless the appointing authority of the department concerned has been given notice and afforded opportunity to make such recommendations as may be deemed warranted. The hearing herein provided may be set for any regular or special meeting of the Board of Civil Service Commissioners, provided that the notices herein required to be given shall be given at least ten (10) days prior to the time set for such hearing. At any such hearing it shall be competent for any employee or group of employees affected by the proposed change to present any protests or recommendations in connection therewith and the same shall be considered by said Board of Civil Service Commissioners together with any recommendation of any appointing authority. A report setting forth any amendments or modifications of the Classification Plan which the Board of Civil Service Commissioners proposes to make shall be transmitted to the City Council and shall thereupon automatically stand referred to the Personnel Committee. Based on Ord. No. 89,100. Amended by: Ord. No. 90,377; Ord. No. 150,582, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Amendment and Maintenance of Classification Plan. (a) Where the City Council after receipt of the request and the reports for which Section of this Code provides, takes action to create any new position or positions to the Board of Civil Service Commissioners shall proceed to classify such position or positions; and in so doing shall consider the report and recommendations of the General Manager of the Personnel Department, thereafter amending the Classification Plan, if necessary, as a result of the creation of such positions. (b) Whenever any request is made for materially altering the duties required of any position in the Classified Civil Service the same procedure shall be followed as in the case of establishment of a new position. (c) In addition to the reports required by Section of this Code the City Council may require such other and additional reports as deemed necessary from the Director of the Office of Aministrative and Research Services or the General Manager of the Personnel Department, or from any office or department of the City. Based on Ord. No. 89,100. Amended by: Ord. No. 90,377; Ord. No. 173,308, Eff , Oper Sec Official Copy of Class Specification in Classification Plan. (a) The General Manager of the Personnel Department shall prepare and maintain a written specification for each class of positions and such class specifications when approved and adopted by the Board of Civil Service Commissioners shall constitute the official specifications of classes in the City service. Such specifications shall be based on study of the duties and responsibilities of all positions in the City service and after conference with the appointing authorities, the principal supervisory officials and the employees concerned or their duly accredited representatives. Each class specification shall set forth the title of the class, a general statement of duties, a statement of distinguishing features of the work, examples of duties of positions in a class, a statement of qualifications necessary and desirable for efficient performance of the work and such other pertinent information as the Board of Civil Service Commissioners deems appropriate. (b) The official copy of the specification for each class of positions shall be maintained in the office of the Board of Civil Service Commissioners and shall indicate the date of adoption or last revision or amendment or the specification for each class. The official copy of the specifications shall be open to inspection by the employees and the public under reasonable conditions at all times during business hours. Duplicates of the official copy of any class specification shall be made available to the Council, to any appointing authority and employee and to persons seeking employment in the City service or to any other persons interested.

10 (c) (None.) (d) The official copy of the specifications for each class of positions shall be maintained in the office of the Board of Civil Service Commissioners and shall indicate the date of adoption or last revision or amendment of the specification for each class. The official copy of the specifications shall be open to inspection by the employees and the public under reasonable conditions at all times during business hours. Duplicates of the official copy of any class specification shall be made available to the Council, to any appointing authority and employee and to persons seeking employment in the City service or to any other persons interested. Based on Ord. No. 89,100. Amended by: Subsec. (c), repealed by Ord. No. 145,522, Eff Sec Classification of Positions in the Exempt Service. The provisions under Section 4.49 to 4.56 inclusive of this chapter shall apply to all positions in the Exempt Service. Based on Ord. No. 89,100. Sec Allocation and Reallocation of Positions to Classes. The allocations of all positions in the departments of the City service as classified by the Board of Civil Service Commissioners under specific classes in the Classification Plan and as listed in Schedule C, are hereby adopted. Schedule C naming and listing the positions provided and established by the Council under class titles in the Classification Plan shall be in the custody of the Board of Civil Service Commissioners and shall be currently maintained by the said Board of Civil Service Commissioners in accordance with any amendments to the Classification Plan as provided under Section 4.50 of this Code and pursuant to the provisions of Section 1003 of the Charter, provided that the Council and any appointing authority and any employee or his representative shall be permitted to consult Schedule C during business hours at reasonable length under conditions prescribed by the Board of Civil Service Commissioners. Based on Ord. No. 89,100. Amended by: Ord. No. 173,308, Eff , Oper Sec Notifying Employees of Official Allocation or Reallocation of Position; Protests. Based on Ord. No. 89,100. Amended by: Ord. 90,377. Repealed by Ord. No. 173,791, Eff Sec Interpretation of Class Specifications. The class specifications are descriptive and explanatory and not restrictive. They are intended to indicate the kinds of positions that should be allocated to the various classes and shall not be construed as declaring to any extent or in any way what the duties and responsibilities of any position shall be, or as limiting or modifying the power of any appointing authority to assign duties to, and to direct and control the work of, employees under his supervision, provided that no employee shall be regularly assigned to a class of position having duties and responsibilities which differ substantially as to kind, character and importance from those of his class. The use of a particular expression, or illustration as to duties shall not be held to exclude others not mentioned that are of similar kind or quality. In determining the class to which any position should be allocated, the specification of each class shall be considered in its entirety and in relation to others in the Classification Plan. Consideration shall be given to the general duties, specific tasks, responsibilities, qualifications desired, and relation to other classes. The statement of qualifications in the specification for any class, as interpreted herein, constitutes a guide for the establishment of minimum qualifications, if any, for examination purposes, for the tests to be included in the examinations for the class, and for the evaluation of the qualifications of applicants by the Board of Civil Service Commissioners. Based on Ord. No. 89,100. Sec Use of Class Titles of Positions.

11 Pursuant to Section 1003 of the Charter, the title or the appropriate code number of a class to which any position is allocated shall be used to designate the position in making requests for appropriation of funds for personal services, in the budgets submitted to the Mayor and the City Council, on all payrolls and all other records and communications of the Board of Civil Service Commissioners, the Controller, the Treasurer and all reports and payrolls providing for the payment of personal services and dealing with recruitment, promotion, leaves of absence and other personnel activities. For purposes of internal administration or for any other purpose not involving personnel processes covered by Article X of the Charter, the standard code designation for each class of position as set out in Schedule A may be used where in the judgment of the Board of Civil Service Commissioners and the Controller such action is necessary or desirable. Based on Ord. No. 89,100. Amended by: Ord. No. 173,308, Eff , Oper Sec Declaration of Policy on Adjustments to Classification Plan. It is hereby declared to be the policy of the Council that adjustments in personnel authority or salary amendments to reflect changes in the Classification Plan or changes in pay grades, shall be made only once each fiscal year. In accordance with this policy, any request for adjustments or changes which is forwarded to the Council pursuant to the provisions of Section 4.49 of this Code shall be reviewed by the Director of the Office of Aministrative and Research Services and submitted with his recommendations as part of the proposed budget. Emergency requests for adjustments to the Classification Plan, or requests for new positions pursuant to the provisions of Section of this Code, may be submitted and considered at any time, notwithstanding the above provisions of this section. Based on Ord. No. 89,100. Amended by: Ord. No. 103,534; Ord. No. 146,255, Eff ; Ord. No. 173,308, Eff , Oper ARTICLE 3 COMPENSATION PLAN Section 4.61 Adoption of Classification and Compensation Plan [Rate of Compensation for Acting Incumbent to Office of Controller or City Attorney.] Supervision Differential Index to Classes of Salary 4.67 Interpretation and Application of Compensation Plan Adjustment on Amendment to the Compensation Plan Procedure for Adjusted Compensation Basis for Payment Exclusions from Adjusted Compensation Adjusted or Additional Compensation Equipment Mechanic Apprenticeship Program Premium Pay for Persons Possessing Bilingual Skills Premium Pay for Persons Possessing Sign Language Skills. Sec Schematic Compensation Plan for the City Service. Based on Ord. No. 89,100. Amended by: Ord. No. 127,154; Ord. No. 140,559, Eff , Oper ; Ord. No. 140,617, Eff ; Ord. No. 140,593, Eff ; Ord. No. 147,674, Eff , Oper ; Subsec. (b), Ord. No. 148,563, Eff , Oper ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Adoption of Classification and Compensation Plan. The following classes of positions are hereby created in the City service and the Code numbers, titles and salaries or salary ranges as hereinafter set forth are hereby fixed for such classes of positions. Such schedules of classes, together with the codes, titles, salary ranges or salaries shall constitute the salary Classification Plan for all positions for all departments in said City service and shall be known as Schedule A. Wherever in this Code the term Schedule A is used, it shall be deemed to mean and refer to the Schedule A in this section.

12 [NOTE: The MOU and Ordinance numbers referenced below in Schedule A set forth the most current salary range or salary for the position indicated.]class CodeClCl SCHEDULE "A" Class Salary Range: MOU No. or Class Title Code Ordinance No. [Schedule A ] Director MOU 36 A 2208 Academy Trainee 182, Access Services Analyst 182, Accountant I MOU Accountant II MOU Accounting Aide MOU Accounting Clerk I MOU Accounting Clerk II MOU Accounting Records Supervisor I MOU Accounting Records Supervisor II MOU A ADA Compliance Officer A 182, B ADA Compliance Officer B 182, Administrative Aide II MOU Administrative Analyst I MOU Administrative Analyst II MOU Administrative Assistant, Commission for Children, Youth and Their Families 182, Administrative Coordinator Controller 182, Administrative Coordinator Mayor 182, Administrative Deputy Controller 182, Administrative Hearing Officer MOU Administrative Intern I MOU Administrative Intern II MOU Administrative Secretary 182, Administrative Trainee (Half-time) 182, Advance Practice Provider Correctional Care I MOU Advance Practice Provider Correctional Care II MOU Agricultural Land Developer MOU Air Conditioning Mechanic MOU Air Conditioning Mechanic Supervisor MOU Air Conditioning Mechanic Supervisor I MOU Air Conditioning Mechanic Supervisor II MOU Air Conditioning Technical Advisor MOU Airport Aide 182, Airport Assistant Police Chief 182, Airport Engineer I 182, Airport Engineer II 182, Airport Environmental Manager I MOU Airport Environmental Manager II MOU Airport Guide I MOU Airport Guide II MOU Airport Information Aide MOU Airport Information Specialist I MOU Airport Information Specialist II MOU Airport Manager I MOU Airport Manager II MOU Airport Manager III MOU Airport Police Captain I MOU Airport Police Captain II MOU 40

13 3232 Airport Police Chief 182, Airport Police Lieutenant MOU Airport Police Officer I MOU Airport Police Officer II MOU Airport Police Sergeant MOU Airport Safety Officer MOU Airport Superintendent of Operations I MOU Airport Superintendent of Operations II MOU Airport Superintendent of Operations III MOU Airports Maintenance Superintendent MOU Airports Maintenance Supervisor I MOU Airports Maintenance Supervisor II MOU Airports Maintenance Supervisor III MOU Airports Public and Community Relations Director I MOU Airports Public and Community Relations Director II MOU Animal Care Technician MOU Animal Care Technician Supervisor MOU Animal Collection Curator 182, Animal Control Officer I MOU Animal Control Officer II MOU Animal Keeper MOU Animal License Canvasser MOU Applications Programmer MOU Aquarist I 182, Aquarist II 182, Aquarium Educator I MOU Aquarium Educator II MOU Aquatic Director MOU Aquatic Facility Manager I MOU Aquatic Facility Manager II MOU Aquatic Facility Manager III MOU Architect MOU Architectural Associate I MOU Architectural Associate II MOU Architectural Associate III MOU Architectural Associate IV MOU Architectural Drafting Technician MOU H Architectural Drafting Technician - Harbor MOU Archivist I MOU Archivist II MOU Art Center Director I MOU Art Center Director II MOU Art Center Director III MOU Art Curator MOU Art Instructor MOU Art Instructor I MOU Art Instructor II MOU Art Instructor III MOU Art Instructor - As Needed MOU Arts Associate MOU Arts Manager I MOU Arts Manager II MOU Arts Manager III MOU Asphalt Plant Operator I MOU Asphalt Plant Operator II MOU Asphalt Plant Supervisor MOU Asset Manager MOU Assistant Chief Grants Administrator MOU Assistant Chief Legislative Analyst 182, Assistant City Administrative Officer 182,202

14 0553 Assistant City Attorney MOU Assistant City Attorney MOU Assistant City Economic Development Economist 182, Assistant City Librarian MOU Assistant Communications Cable Worker MOU Assistant Communications Electrician MOU Assistant Deputy Superintendent of Building I MOU Assistant Deputy Superintendent of Building II MOU Assistant Director Bureau of Contract Administration MOU Assistant Director Bureau of Sanitation MOU Assistant Director Bureau of Street Lighting MOU Assistant Director Bureau of Street Services MOU Assistant Director City Economic Development Office 182, Assistant Director of Finance MOU Assistant Electrical Tester MOU Assistant Executive Director, Commission for Children, Youth and Their Families 182, Assistant Executive Director, Human Relations Commission 182, Assistant Gardener MOU Assistant General Manager Aging MOU Assistant General Manager Airports 182, Assistant General Manager Animal Services MOU Assistant General Manager Community Development MOU Assistant General Manager Convention Center MOU Assistant General Manager Cultural Affairs MOU Assistant General Manager El Pueblo Historical Monument MOU Assistant General Manager Emergency Preparedness MOU Assistant General Manager Environmental Affairs 182, Assistant General Manager General Services Department MOU Assistant General Manager Information Technology Agency MOU Assistant General Manager LACERS MOU Assistant General Manager Los Angeles Fire and Police Pensions 182, Assistant General Manager Los Angeles Housing Department MOU Assistant General Manager Neighborhood Empowerment MOU Assistant General Manager Personnel Department 182, Assistant General Manager Recreation and Parks MOU Assistant General Manager Transportation MOU Assistant Inspector General MOU Assistant Inspector I MOU Assistant Inspector II MOU Assistant Inspector III MOU Assistant Inspector IV MOU Assistant Park Services Attendant I MOU Assistant Park Services Attendant II MOU Assistant Retirement Plan Manager MOU Assistant Secretary to Councilmember 182, Assistant Secretary to Mayor 182, Assistant Signal Systems Electrician MOU Assistant Street Lighting Electrician MOU Assistant Treasurer MOU Assistant Tree Surgeon MOU Assistant Youth Employment Specialist II 182, Assistant Youth Employment Specialist III 182, Associate City Economic Development Economist 182, Associate Zoning Administrator MOU Associate Zoo Curator of Birds MOU Astronomical Lecturer MOU Astronomical Observer MOU Audio Visual Technician MOU Auditor I MOU 1

15 Auditor II MOU Auto Body Builder and Repairer MOU Auto Body Builder and Repairer MOU F Auto Body Repair Supervisor I MOU G Auto Body Repair Supervisor I MOU Auto Body Repair Supervisor II MOU M Auto Body Repair Supervisor II MOU Auto Electrician MOU Auto Electrician MOU Auto Painter MOU Auto Painter MOU Automotive Dispatcher I MOU Automotive Dispatcher II MOU Automotive Engineer I MOU Automotive Engineer II MOU Automotive Supervisor MOU A Automotive Supervisor - Airports MOU Automotive Supervisor MOU Avionics Specialist MOU 2 B 1759 Background Investigation Manager 182, Background Investigator I MOU Background Investigator II MOU Background Investigator III MOU Banning Residence Museum Director MOU Battery Technician MOU Benefits Specialist MOU Bindery Equipment Operator I MOU Bindery Equipment Operator II MOU Bindery Worker MOU Blacksmith MOU H Blacksmith - Harbor MOU Boat Captain I MOU H Boat Captain I - Harbor MOU Boat Captain II MOU H Boat Captain II - Harbor MOU Book Repairer MOU Building Civil Engineer I MOU Building Civil Engineer II MOU Building Construction and Maintenance General Superintendent I MOU Building Construction and Maintenance General Superintendent II MOU Building Construction and Maintenance Superintendent MOU Building Electrical Engineer I MOU Building Electrical Engineer II MOU Building Electrical Engineering Associate I MOU Building Electrical Engineering Associate II MOU Building Electrical Engineering Associate III MOU Building Electrical Engineering Associate IV MOU Building Inspector MOU Building Maintenance District Supervisor MOU Building Mechanical Engineer I MOU Building Mechanical Engineer II MOU Building Mechanical Engineering Associate I MOU Building Mechanical Engineering Associate II MOU Building Mechanical Engineering Associate III MOU Building Mechanical Engineering Associate IV MOU Building Mechanical Inspector MOU Building Operating Engineer MOU A Building Operating Engineer - Airports MOU 9

16 Building Repairer I MOU Building Repairer II MOU Building Repair Supervisor MOU Bus Operator MOU Bus Operator Supervisor MOU 12 C 3343 Cabinet Maker MOU Cable Television Production Manager I 182, Cable Television Production Manager II 182, Cable Television Production Manager III 182, Calligrapher MOU Camp Manager MOU Camp Repairer MOU Carpenter MOU Carpenter Shop Supervisor MOU Carpenter Supervisor MOU Carpentry Technical Advisor MOU Carpet Layer MOU Cartographer MOU Cash Management Officer I 182, Cash Management Officer II 182, Cement Finisher MOU Cement Finisher Supervisor MOU Cement Finisher Worker MOU Channel Traffic and Information Coordinator MOU Chemist I MOU Chemist II MOU Chief Accountant Controller MOU Chief Administrative Analyst 182, Chief Administrative Assistant to Mayor 182, Chief Airport Safety Officer 182, Chief Airports Engineer I MOU Chief Airports Engineer II MOU Chief Assistant City Attorney MOU Chief Auditor Controller I MOU Chief Auditor Controller II MOU Chief Benefits Analyst MOU Chief Building Operating Engineer MOU A Chief Building Operating Engineer - Airports MOU Chief Clerk MOU Chief Clerk City Attorney MOU Chief Clerk Personnel 182, Chief Clerk Police MOU Chief Communications Operator MOU Chief Construction Inspector MOU Chief Creative Services Division MOU A Chief Custodian Supervisor - Airports MOU Chief Custodian Supervisor I MOU Chief Custodian Supervisor II MOU Chief Demand Auditor MOU Chief Deputy Controller MOU Chief Election Assistant 182, Chief Election Clerk 182, Chief Electrical Inspector MOU Chief Environmental Compliance Inspector I MOU Chief Environmental Compliance Inspector II MOU Chief Executive Assistant to Mayor 182, Chief Financial Officer MOU Chief Forensic Chemist I MOU 17

17 Chief Forensic Chemist II MOU Chief Grants Administrator 182, Chief Harbor Engineer MOU Chief Heating and Refrigeration Inspector I MOU Chief Heating and Refrigeration Inspector II MOU Chief Helicopter Pilot 182, Chief Information Officer MOU Chief Inspector MOU Chief Inspector MOU Chief Internal Auditor MOU Chief Investment Officer MOU Chief Legislative Representative 182, Chief Management Analyst MOU Chief of Airport Planning I MOU Chief of Airport Planning II MOU Chief of Aviation Technology MOU Chief of Operations I MOU Chief of Operations II MOU Chief of Parking Enforcement Operations MOU Chief of Staff, Mayor 182, Chief of Transit Programs MOU Chief Park Maintenance Supervisor MOU Chief Park Ranger MOU Chief Personnel Analyst 182, Chief Plumbing Inspector MOU Chief Police Psychologist MOU Chief Port Pilot I MOU Chief Port Pilot II MOU Chief Proctor I 182, Chief Proctor II 182, Chief Real Estate Officer I MOU Chief Real Estate Officer II MOU Chief Safety Engineer Elevators MOU Chief Safety Engineer Pressure Vessels MOU Chief Security Officer I MOU Chief Security Officer II MOU Chief Special Investigator MOU Chief Street Services Investigator I MOU Chief Street Services Investigator II MOU Chief Tax Compliance Officer I MOU Chief Tax Compliance Officer II MOU Chief Tax Auditor 182, Chief Transportation Investigator MOU Chief Veterinarian MOU Chief Wharfinger I MOU Chief Wharfinger II MOU Chief Zoning Administrator MOU Child Care Associate I MOU Child Care Associate II MOU Child Care Coordinator 182, Child Care Center Director I MOU Child Care Center Director II MOU Child Care Program Manager MOU Choral Accompanist 182, Choral Conductor 182, City Attorney Accounting Clerk MOU City Attorney Administrative Coordinator I MOU City Attorney Administrative Coordinator II MOU City Attorney Administrative Coordinator III MOU City Attorney Administrative Coordinator IV MOU 1

18 0566 City Attorney Chief Administrative Assistant MOU City Attorney Chief Investigator MOU City Attorney Financial Manager MOU City Attorney Investigator I MOU City Attorney Investigator II MOU City Attorney Investigator III MOU City Attorney Personnel Aide I 182, City Attorney Personnel Aide II 182, City Attorney Senior Accountant MOU City Attorney Senior Personnel Analyst 182, City Attorney Senior Systems Analyst I MOU City Attorney Senior Systems Analyst II MOU City Attorney Systems Analyst II MOU City Interdepartmental Coordinator I MOU City Interdepartmental Coordinator II MOU City Planner MOU City Planning Associate MOU Civil Engineer MOU A Civil Engineer - Airports MOU Civil Engineering Associate I MOU Civil Engineering Associate II MOU Civil Engineering Associate III MOU Civil Engineering Associate IV MOU Civil Engineering Drafting Technician MOU A Civil Engineering Drafting Technician MOU Clerk MOU Clerk Precinct Board 182, Clerk Stenographer MOU Clerk Typist MOU Clinical Assistant MOU Clinical Coordinator MOU Commission Executive Assistant I MOU Commission Executive Assistant II MOU Commission Hearing Examiner 182, Commissioner 182, Commissioner 182, Communications Cable Supervisor I MOU Communications Cable Supervisor II MOU Communications Cable Supervisor III MOU Communications Cable Worker MOU Communications Electrician MOU Communications Electrician Supervisor MOU Communications Engineer MOU Communications Engineering Associate I MOU Communications Engineering Associate II MOU Communications Engineering Associate III MOU Communications Engineering Associate IV MOU Communications Information Representative I MOU Communications Information Representative II MOU Communications Information Representative III MOU Community Affairs Advocate MOU Community and Administrative Support Worker I MOU Community and Administrative Support Worker II MOU Community and Administrative Support Worker III MOU Community Arts Director 182, Community Housing Programs Manager MOU Community Police Aide 182, Community Program Assistant I MOU Community Program Assistant II MOU Community Program Assistant III MOU 1

19 2500 Community Program Director MOU Community Services Representative MOU Computer Graphic Artist I MOU Computer Graphic Artist II MOU Computer Operator MOU Computer Operator I MOU Computer Operator II MOU Concessions Manager MOU Construction and Maintenance Superintendent 182, Construction and Maintenance Supervisor I MOU Construction and Maintenance Supervisor II MOU Construction Estimator MOU Construction Equipment Service Supervisor MOU Construction Equipment Service Worker MOU Construction Equipment Service Worker MOU Construction Inspector MOU A Construction Inspector - Airports MOU Container Crane Mechanic MOU Contract Administrator MOU Contract Compliance Program Manager I MOU Contract Compliance Program Manager II MOU Control Systems Engineer MOU Control Systems Engineering Associate I MOU Control Systems Engineering Associate II MOU Control Systems Engineering Associate III MOU Control Systems Engineering Associate IV MOU Controller Audit Analyst MOU Convention Center Building Superintendent I MOU Convention Center Building Superintendent II MOU Cook I MOU Cook II MOU Correctional Nurse I MOU Correctional Nurse II MOU Correctional Nurse III MOU Council Aide I 182, Council Aide II 182, Council Aide III 182, Council Aide IV 182, Council Aide V 182, Council Aide VI 182, Council Aide VII 182, Council Phone and Voic Technician MOU Craft Trainee (Building Repair) 182, Craft Trainee (Communications) 182, Craft Trainee (Equipment Mechanic) 182, Craft Trainee (Machinist) 182, Crane Maintenance Supervisor MOU Crime and Intelligence Analyst I MOU Crime and Intelligence Analyst II MOU Criminalist I MOU Criminalist II MOU Criminalist III MOU Critical Incident Stress Management Program Coordinator MOU Crossing Guard MOU Curator of Griffith Observatory 182, Custodial Services Assistant MOU A Custodial Services Assistant - Airports MOU H Custodial Services Assistant - Harbor MOU Custodian MOU A Custodian - Airports MOU 15

20 3156H Custodian - Harbor MOU Custodian (non-city facility polling places) 182, Custodian Supervisor MOU A Custodian Supervisor - Airports MOU 12 D 1470 Data Base Architect MOU Data Control Assistant I MOU Data Control Assistant II MOU Data Entry Operator I MOU Data Entry Operator II MOU Data Entry Supervisor MOU Data Processing Technician I MOU Data Processing Technician II MOU Day Camp Director I MOU Day Camp Director II MOU Deck Hand MOU H Deck Hand - Harbor MOU Delivery Driver I MOU Delivery Driver II MOU Delivery Driver III MOU Departmental Audit Manager MOU Departmental Chief Accountant I MOU Departmental Chief Accountant II MOU Departmental Chief Accountant III MOU Departmental Chief Accountant IV MOU Deputy City Attorney I MOU Deputy City Attorney II MOU Deputy City Attorney III MOU Deputy City Attorney IV MOU Deputy City Attorney I MOU Deputy City Attorney II MOU Deputy City Attorney III MOU Deputy City Attorney IV MOU Deputy City Engineer I MOU Deputy City Engineer II MOU Deputy Director of Auditing MOU Deputy Director of Planning MOU Deputy General Manager Airports/1 MOU Deputy General Manager Airports/2 MOU Deputy Mayor 182, Deputy Superintendent of Building I MOU Deputy Superintendent of Building II MOU Detention Officer MOU Development and Marketing Director MOU Diesel Plant Operator MOU Director City Economic Development Office 182, Director of Air Service Marketing MOU Director of Airports Administration MOU Director of Airports Operations MOU Director of Airport Safety Services MOU Director of Auditing MOU Director of Building Services MOU Director of Cash Management Services MOU Director of Communications Services MOU Director of Enforcement Operations MOU Director of Field Operations MOU Director of Financial Analysis and Reporting MOU Director of Fleet Services MOU Director of Housing MOU 36

21 Director of Maintenance Airports I MOU Director of Maintenance Airports II MOU Director of Materials Management Services MOU Director of Materials Testing Services MOU Director of Police Transportation I MOU Director of Police Transportation II MOU Director of Port Administration MOU Director of Port Construction and Maintenance I MOU Director of Port Construction and Maintenance II MOU Director of Port Marketing I MOU Director of Port Marketing II MOU Director of Port Operations MOU Director of Printing Services MOU Director of Purchasing Services I MOU Director of Purchasing Services II General Services MOU Director of Security Services MOU Director of Supplies MOU Director of Systems MOU District Supervisor Animal Regulation MOU Division Librarian MOU Documentation Technician I MOU Documentation Technician II MOU Drafting Aide MOU Drawbridge Operator MOU Drill Rig Operator MOU Duplicating Machine Operator I MOU Duplicating Machine Operator II MOU Duplicating Machine Operator III MOU 3 E 0219 Economic Development Economist 182, El Pueblo Curator 182, El Pueblo Curator I MOU El Pueblo Curator II MOU El Pueblo Historic Museum Director 182, Election Assistant I 182, Election Assistant II 182, Election Assistant III 182, Election Assistant IV 182, Election Assistant V 182, Election Clerk 182, Electric Pumping Plant Operator MOU Electrical Conduit Mechanic MOU Electrical Conduit Supervisor MOU Electrical Construction Estimator MOU Electrical Craft Helper MOU Electrical Craft Helper - Exempt MOU Electrical Engineer MOU Electrical Engineering Associate I MOU Electrical Engineering Associate II MOU Electrical Engineering Associate III MOU Electrical Engineering Associate IV MOU Electrical Engineering Drafting Technician MOU H Electrical Engineering Drafting Technician - Harbor MOU Electrical Equipment Tester MOU Electrical Inspector MOU Electrical Mechanic MOU Electrical Repairer MOU Electrical Technical Advisor MOU Electrical Tester MOU 14

22 3863 Electrician MOU Electrician - Exempt MOU Electrician Supervisor MOU Elevator Mechanic MOU Elevator Mechanic Helper MOU Elevator Mechanic Supervisor MOU Elevator Repair Supervisor I MOU Elevator Repair Supervisor II MOU Emergency Medical Services Educator MOU Emergency Preparedness Coordinator MOU Emergency Preparedness Coordinator I MOU Emergency Preparedness Coordinator II MOU Engineer of Surveys MOU Engineering Designer MOU Engineering Designer I MOU Engineering Designer II MOU A Engineering Designer - Airports MOU Engineering Geologist I MOU Engineering Geologist II MOU Engineering Geologist III MOU Engineering Geologist Associate I MOU Engineering Geologist Associate II MOU Engineering Geologist Associate III MOU Engineering Geologist Associate IV MOU Environmental Affairs Officer MOU Environmental Compliance Inspector MOU Environmental Engineer MOU Environmental Engineering Associate I MOU Environmental Engineering Associate II MOU Environmental Engineering Associate III MOU Environmental Engineering Associate IV MOU Environmental Specialist I MOU Environmental Specialist II MOU Environmental Specialist III MOU Environmental Supervisor I MOU Environmental Supervisor II MOU Equestrian Facilities Supervisor MOU Equine Keeper MOU Equipment Mechanic MOU Equipment Mechanic MOU Equipment Mechanic MOU H Equipment Mechanic - Harbor MOU Equipment Operator MOU Equipment Operator MOU Equipment Repair Supervisor MOU Equipment Repair Supervisor MOU Equipment Safety Investigator MOU Equipment Specialist I MOU Equipment Specialist II MOU Equipment Superintendent MOU Equipment Supervisor MOU H Equipment Supervisor - Harbor MOU Equipment Supervisor MOU Ergonomist MOU Ethics Officer I 182, Ethics Officer II 182, Ethics Officer III 182, Event Attendant I MOU Event Attendant II MOU Event Attendant III MOU 15

23 3172 Event Attendant MOU Event Services Coordinator I MOU Event Services Coordinator II MOU Event Services Coordinator III MOU Event Services Manager MOU Event Supervisor I MOU Event Supervisor II MOU Examiner of Elevator Constructors 182, Examiner of Mechanical Equipment Operators 182, Examiner of Plumbers and Gasfitters 182, Examiner of Questioned Documents I MOU Examiner of Questioned Documents II MOU Examiner of Registered Deputy Inspectors 182, Examiner of Steam and Diesel Engineers 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Examining Assistant Civil Service 182, Executive Administrative Assistant II MOU Executive Administrative Assistant III MOU Executive Assistant Airports MOU Executive Assistant City Attorney 182, Executive Assistant to Mayor 182, Executive Director Commission on the Status of Women MOU Executive Director Employee Relations Board 182, Executive Director Exposition Park Complex MOU Executive Director Human Relations Commission MOU Executive Director Office of Public Accountability 182, Executive Director Police Commission 182, Executive Director Quality and Productivity Commission 182, Executive Legal Secretary I MOU Executive Legal Secretary II MOU Executive Officer City Clerk MOU Executive Officer City Ethics Commission 182, Executive Secretary to Councilmember 182, Exhibit Preparator MOU 21 F 7228 Field Engineering Aide MOU Film Inspector MOU Finance Administrative Coordinator MOU Finance Clerk MOU Finance Collection Investigator I MOU Finance Collection Investigator II MOU Finance Collection Investigator III MOU Finance Development Officer I MOU Finance Development Officer II MOU Finance Specialist I 182, Finance Specialist II 182, Finance Specialist III 182, Finance Specialist IV 182, Finance Specialist V 182, Financial Analyst I MOU Financial Analyst II MOU 20

24 Financial Management Specialist I 182, Financial Management Specialist II 182, Financial Management Specialist III 182, Financial Management Specialist IV 182, Financial Management Specialist V 182, Financial Manager I MOU Financial Manager II MOU Fingerprint Identification Expert I MOU Fingerprint Identification Expert II MOU Fingerprint Identification Expert III MOU Fire Administrator MOU Fire Department Trainee 182, Fire Protection Engineer 182, Fire Protection Engineering Associate I MOU Fire Protection Engineering Associate II MOU Fire Protection Engineering Associate III MOU Fire Protection Engineering Associate IV MOU Fire Psychologist MOU Fire Sprinkler Inspector MOU Fire Student Worker 182, Firearms Examiner MOU First Deputy General Manager Harbor MOU Fiscal Systems Specialist I MOU Fiscal Systems Specialist II MOU Floor Finisher I MOU Floor Finisher II MOU Forensic Print Specialist I MOU Forensic Print Specialist II MOU Forensic Print Specialist III MOU Forensic Print Specialist IV MOU 21 G 1544 GAAP Compliance Officer 182, Gallery Attendant (Part Time) 182, Gallery Attendant MOU Garage Assistant MOU Garage Attendant MOU Garage Attendant MOU Gardener Caretaker MOU General Automotive Supervisor MOU General Services Police Chief I MOU General Services Police Chief II MOU General Services Police Lieutenant MOU General Services Police Officer MOU General Services Police Sergeant MOU Geographic Information Systems Chief MOU Geographic Information Systems Specialist MOU Geographic Information Systems Supervisor I MOU Geographic Information Systems Supervisor II MOU Geotechnical Engineer I MOU Geotechnical Engineer II MOU Geotechnical Engineer III MOU Glazier MOU Golf Manager MOU Golf Operation Supervisor 182, Golf Starter MOU Golf Starter Supervisor I MOU Golf Starter Supervisor II MOU Graphics Designer I MOU Graphics Designer II MOU 21

25 1670-2A Graphic Designer II - Airports MOU Graphics Designer III MOU Graphics Supervisor I MOU Graphics Supervisor II MOU Guest Services Representative 182,202 H Harbor Engineer I MOU Harbor Engineer II MOU Harbor Planning and Economic Analyst I MOU Harbor Planning and Economic Analyst II MOU Harbor Planning and Research Director I MOU Harbor Planning and Research Director II MOU Harbor Public and Community Relations Director MOU Harbor Special Events Coordinator MOU Hazardous Materials Program Manager MOU Head Custodian Supervisor MOU A Head Custodian Supervisor - Airports MOU Hearing Officer 182, Hearing Officer City Attorney MOU Hearing Reporter MOU Heating and Refrigeration Inspector MOU Heavy Duty Equipment Mechanic MOU Heavy Duty Equipment Mechanic MOU Heavy Duty Truck Operator MOU Heavy Duty Truck Operator MOU Helicopter Mechanic MOU Helicopter Mechanic Supervisor I MOU Helicopter Mechanic Supervisor II MOU Helicopter Pilot 182, Historic Site Curator MOU Housing Inspector MOU Housing Investigator I MOU Housing Investigator II MOU Housing Planning and Economic Analyst MOU Human Relations Advocate MOU Human Resources Assistant 182, Hyperion Treatment Plant Manager MOU 36 I 1562 Improvement Assessor MOU Improvement Assessor Supervisor I MOU Improvement Assessor Supervisor II MOU Improvement Bond Coordinator I MOU Improvement Bond Coordinator II MOU Independent Assessor Fire Commission 182, Industrial Commercial Finance Officer I MOU Industrial Commercial Finance Officer II MOU Industrial Hygienist MOU Information Services Specialist MOU Information Systems Manager I MOU Information Systems Manager II MOU Information Systems Operations Manager I MOU Information Systems Operations Manager II MOU Information Systems Operations Manager III MOU Inspector General 182, Inspector Precinct Board 182, Instrument Mechanic MOU A Instrument Mechanic - Airports MOU Instrument Mechanic Supervisor I MOU 9

26 Instrument Mechanic Supervisor II MOU A Instrument Mechanic Supervisor - Airports MOU Intermediate Election Assistant 182, Intermediate Election Clerk 182, Intermediate Wastewater Treatment Operator MOU Internal Auditor I MOU Internal Auditor II MOU Internal Auditor III MOU Internal Auditor IV MOU Interpreter 182, Investment Officer I 182, Investment Officer II 182, Investment Officer III 182, Irrigation Specialist MOU 4 J 9161A Job Developer A 182, B Job Developer B 182, C Job Developer C 182, D Job Developer D 182, A Job Developer Accountant A 182, B Job Developer Accountant B 182, A Job Developer Clerk A 182, B Job Developer Clerk B 182, Judge Precinct Board 182, Junior Arts Center Director MOU 20 L 3126 Labor Supervisor MOU Labor Supervisor MOU Laboratory Technician I MOU Laboratory Technician II MOU Land Surveying Assistant MOU Landscape Architect I MOU Landscape Architect II MOU Landscape Architectural Associate I MOU Landscape Architectural Associate II MOU Landscape Architectural Associate III MOU Landscape Architectural Associate IV MOU Laundry Worker I MOU Laundry Worker II MOU Law Clerk MOU Law Librarian MOU Legal Assistant MOU Legal Clerk I MOU Legal Clerk II MOU Legal Secretary I MOU Legal Secretary II MOU Legal Secretary III MOU Legal Senior Systems Analyst I 182, Legal Senior Systems Analyst II 182, Legal Systems Analyst 182, Legislative Analyst I 182, Legislative Analyst II 182, Legislative Analyst III 182, Legislative Analyst IV 182, Legislative Analyst V 182, Legislative Assistant I MOU Legislative Assistant II MOU Legislative Representative 182,202

27 9482H Legislative Representative - Harbor 182, Librarian I MOU Librarian II MOU Librarian III MOU Library Assistant I MOU Library Assistant II MOU Library Clerical Assistant MOU Library Clerical Assistant I MOU Library Clerical Assistant II MOU Licensed Vocational Nurse MOU Lifeguard Recruit 182, Light Equipment Operator MOU Locker Room Attendant MOU Locksmith MOU Lot Cleaning Superintendent I MOU Lot Cleaning Superintendent II MOU Lot Cleaning Supervisor I MOU Lot Cleaning Supervisor II MOU 12 M 3763 Machinist MOU Machinist MOU H Machinist - Harbor MOU Machinist Supervisor MOU Machinist Supervisor I MOU Machinist Supervisor II MOU H Machinist Supervisor - Harbor MOU Mail Messenger Supervisor I MOU Mail Messenger Supervisor II MOU Maintenance Assistant MOU Maintenance and Construction Helper MOU Maintenance and Construction Helper MOU Maintenance and Construction Helper MOU Maintenance Laborer MOU Maintenance Laborer MOU Maintenance Laborer MOU Management Aide MOU Management Analyst I MOU Management Analyst II MOU Management Analyst - Systems 182, Management Assistant MOU Managing Physician 182, Marine Aquarium Administrator MOU Marine Aquarium Curator I MOU Marine Aquarium Curator II MOU Marine Aquarium Exhibits Director MOU Marine Aquarium Program Director MOU Marine Environmental Manager I MOU Marine Environmental Manager II MOU Marine Environmental Supervisor MOU Marine Environmentalist I MOU Marine Environmentalist II MOU Maritime Museum Curator MOU Maritime Museum Director MOU Marketing Manager MOU Masonry Worker MOU Materials Testing Engineer I MOU Materials Testing Engineer II MOU Materials Testing Engineering Associate I MOU Materials Testing Engineering Associate II MOU 8

28 Materials Testing Engineering Associate III MOU Materials Testing Engineering Associate IV MOU Materials Testing Technician I MOU Materials Testing Technician II MOU Mayoral Aide I 182, Mayoral Aide II 182, Mayoral Aide III 182, Mayoral Aide IV 182, Mayoral Aide V 182, Mayoral Aide VI 182, Mayoral Aide VII 182, Mayoral Aide VIII 182, Mechanical Construction Estimator MOU Mechanical Engineering Associate I MOU Mechanical Engineering Associate II MOU Mechanical Engineering Associate III MOU Mechanical Engineering Associate IV MOU Mechanical Engineering Drafting Technician MOU Mechanical Helper MOU Mechanical Helper MOU Mechanical Repairer - Exempt MOU Mechanical Repair General Supervisor MOU Mechanical Repairer Supervisor MOU Mechanical Repairer I MOU Mechanical Repairer II MOU Medical Assistant MOU Medical Director 182, Medical Records Supervisor MOU Medical Secretary I MOU Medical Secretary II MOU Medical Services Administrator MOU Member Affordable Housing Commission 182, Member Airport Zoning Commission 182, Member Board of Environmental Quality 182, Member Board of Public Works 182, Member Board of Zoning Appeals 182, Member Commission on Disability 182, Member Cultural Heritage Board 182, Member Employee Relations Board 182, Member Energy Conservation Advisory Committee 182, Member Engineering Geology Advisory Committee 182, Member Housing Advisory and Appeal Board 182, Member Medical Advisory Council 182, Member Police Permit Review Panel 182, Member Productivity Advisory Commission 182, Member Rent Adjustment Commission 182, Messenger Clerk MOU Microfilm Camera Repairer MOU Motor Sweeper Operator MOU Museum Guide MOU 3 N 9208 Neighborhood Empowerment Analyst MOU News Secretary 182, Nurse Manager MOU Nutritionist MOU 10 O Observatory Director I MOU Observatory Director II MOU 36

29 0848A Observatory Lecturer 182, B Observatory Lecturer 182, C Observatory Lecturer 182, D Observatory Lecturer 182, Observatory Program Supervisor MOU Observatory Mechanic MOU Observatory Technical Supervisor 182, Occupational Health Nurse MOU Occupational Psychologist I MOU Occupational Psychologist II MOU Occupational Psychologist III MOU Occupational Trainee I 182, Occupational Trainee II 182, Office Engineering Technician I MOU Office Engineering Technician II MOU Office Engineering Technician III MOU Office Equipment and Machine Repairer MOU Office Services Assistant MOU Office Trainee MOU Open Water Lifeguard MOU Open Water Lifeguard MOU Operations and Statistical Research Analyst I MOU Operations and Statistical Research Analyst II MOU Orchestra Director 182,202 P 3423 Painter MOU Painter II MOU Painter Supervisor MOU Painter Supervisor II - Harbor MOU Paralegal I MOU Paralegal II MOU Park Activity Monitor MOU Park Maintenance Supervisor MOU Park Maintenance Supervisor MOU A Park Maintenance Supervisor - Airports MOU Park Management Intern MOU Park Ranger MOU Park Services Attendant I MOU Park Services Attendant II MOU Park Services Supervisor MOU Parking Administrator MOU Parking Attendant I MOU Parking Attendant II MOU Parking Enforcement Manager I MOU Parking Enforcement Manager II MOU Parking Manager I MOU Parking Manager II MOU Parking Meter Technician MOU Parking Meter Technician Supervisor I MOU Parking Meter Technician Supervisor II MOU Parking Services Supervisor MOU Parking Systems Coordinator MOU Payroll Analyst I MOU Payroll Analyst II MOU Payroll Supervisor I MOU Payroll Supervisor II MOU Performing Arts Director MOU Performing Artist I 182, Performing Artist II 182,202

30 Performing Arts Program Coordinator I MOU Performing Arts Program Coordinator II MOU Personnel Analyst I MOU Personnel Analyst II MOU Personnel Director I 182, Personnel Director II 182, Personnel Director III 182, Personnel Records Supervisor MOU Personnel Research Analyst I 182, Personnel Research Analyst II 182, Personnel Research Psychologist 182, Pharmacist I MOU Pharmacist II MOU Photographer I MOU Photographer II MOU Photographer III MOU Photography Instructor MOU Physical Therapist I MOU Physical Therapist II MOU Physician I MOU Physician II MOU Piano Accompanist 182, Pile Driver Supervisor MOU Pile Driver Worker I MOU Pile Driver Worker II MOU Pilot Service Manager MOU Pipefitter MOU Planning Aide I MOU Planning Aide II MOU Planning Assistant MOU Planning Officer Recreation and Parks 182, Plant Attendant MOU Plant Equipment Trainee MOU Plant Guide MOU Plasterer MOU Plasterer Supervisor I MOU Plasterer Supervisor II MOU Playback Operator MOU Playground Equipment Supervisor 182, Plumber MOU Plumber - Exempt MOU Plumber Supervisor MOU Plumbing and Heating Technical Advisor MOU Plumbing Inspector MOU Police Administrator I MOU Police Administrator II MOU Police Administrator III MOU Police Composite Artist MOU Police Fleet Services Supervisor I MOU Police Fleet Services Supervisor II MOU Police Performance Auditor I MOU Police Performance Auditor II MOU Police Performance Auditor III MOU Police Performance Auditor IV MOU Police Psychologist I MOU Police Psychologist II MOU Police Service Assistant MOU Police Service Representative I MOU Police Service Representative II MOU Police Service Representative III MOU 3

31 1503 Police Student Worker 182, Police Surveillance Specialist I MOU Police Surveillance Specialist II MOU Police Training Administrator 182, Polygraph Examiner I MOU Polygraph Examiner II MOU Polygraph Examiner III MOU Polygraph Examiner IV MOU Pool Lifeguard MOU Port Maintenance Supervisor 182, Port Marketing Manager MOU Port Pilot I MOU Port Pilot II MOU Port Police Captain MOU Port Police Lieutenant MOU Port Police Officer I MOU Port Police Officer II MOU Port Police Sergeant MOU Port Warden MOU Power Shovel Operator MOU PRIMA Program Manager 182, Principal Accountant I MOU Principal Accountant II MOU Principal Administrative Coordinator, Mayor 182, Principal Animal Keeper MOU Principal Architect MOU Principal City Planner MOU Principal Civil Engineer MOU Principal Civil Engineering Drafting Technician MOU Principal Clerk MOU Principal Clerk City Attorney I MOU Principal Clerk City Attorney II MOU Principal Clerk Personnel MOU Principal Clerk Police I MOU Principal Clerk Police II MOU Principal Clerk Stenographer MOU Principal Communications Operator MOU Principal Construction Inspector MOU Principal Deputy Controller MOU Principal Detention Officer MOU Principal Election Assistant 182, Principal Election Clerk 182, Principal Environmental Engineer MOU Principal Fingerprint Identification Expert I MOU Principal Fingerprint Identification Expert II MOU Principal Grounds Maintenance Supervisor I MOU Principal Grounds Maintenance Supervisor II MOU Principal Forensic Print Specialist MOU Principal Inspector MOU Principal Librarian I MOU Principal Librarian II MOU Principal Park Services Attendant MOU Principal Photographer MOU Principal Project Coordinator 182, Principal Property Officer MOU Principal Public Relations Representative MOU Principal Recreation Supervisor I MOU Principal Recreation Supervisor II MOU Principal Security Officer MOU Principal Storekeeper MOU 12

32 1195 Principal Tax Compliance Officer MOU Principal Tax Auditor MOU Principal Teller MOU Principal Transportation Engineer MOU Principal Workers' Compensation Analyst MOU Print Shop Trainee MOU Pre-Press Operator I MOU Pre-Press Operator II MOU Printing Press Operator I MOU Printing Press Operator II MOU Printing Services Supervisor MOU Proctor 182, Procurement Aide MOU Procurement Analyst I MOU Procurement Analyst II MOU Procurement Supervisor MOU Program Aide MOU Program Aid - Aging MOU Programmer Analyst I MOU Programmer Analyst II MOU Programmer Analyst III MOU Programmer Analyst IV MOU Programmer Analyst V MOU Project Assistant MOU Project Coordinator MOU Property Manager I MOU Property Manager II MOU Property Manager III MOU Property Manager IV MOU Property Officer MOU Psychological Assistant MOU Public Information Director I MOU Public Information Director II MOU Public Information Officer City Attorney 182, Public Relations Specialist I MOU Public Relations Specialist II MOU Purchasing Specifications Analyst I MOU Purchasing Specifications Analyst II MOU 1 R 1791 Radio and Television Programmer 182, Railroad Museum Director 182, Real Estate Associate I MOU Real Estate Associate II MOU Real Estate Officer MOU Real Estate Officer I MOU Real Estate Officer II MOU A Real Estate Officer - Harbor/Airports MOU Real Estate Trainee MOU Records Management Officer MOU Recreation Aide 182, A Recreation Assistant MOU B Recreation Assistant MOU C Recreation Assistant MOU D Recreation Assistant MOU Recreation Coordinator MOU Recreation Counselor 182, Recreation Facility Director MOU Recreation Instructor MOU Recreation Services Representative MOU 11

33 2460 Recreation Supervisor MOU Refuse Collection Supervisor MOU Refuse Collection Truck Operator I MOU Refuse Collection Truck Operator II MOU Refuse Field Crew Instructor MOU Rehabilitation Construction Specialist I MOU Rehabilitation Construction Specialist II MOU Rehabilitation Construction Specialist III MOU Rehabilitation Project Coordinator I MOU Rehabilitation Project Coordinator II MOU Relief Animal Care Worker MOU Relief Animal Regulation Worker 182, Relief Correctional Nurse MOU Relief Retirement Worker 182, Reprographics Operator I MOU A Reprographics Operator I - Airports MOU Reprographics Operator II MOU Reprographics Supervisor I MOU Reprographics Supervisor II MOU A Residential Camp Counselor 182, B Residential Camp Counselor 182, C Residential Camp Counselor 182, Retirement Benefits Specialist MOU Revenue Manager MOU Rideshare Program Administrator 182, Rigger MOU Risk and Insurance Assistant MOU Risk Management and Prevention Program Manager MOU Risk Management and Program Prevention Specialist MOU Risk Manager I MOU Risk Manager II MOU Risk Manager III MOU Roofer MOU Roofer Supervisor MOU 13 S 1214 SMS Payment Clerk MOU Safety Administrator MOU Safety Engineer MOU Safety Engineer Elevators MOU Safety Engineer Pressure Vessels MOU Safety Engineering Associate I MOU Safety Engineering Associate II MOU Sandblast Operator MOU Sanitary Engineering Associate I MOU Sanitary Engineering Associate II MOU Sanitary Engineering Associate III MOU Sanitary Engineering Associate IV MOU Sanitation Solid Resources Manager I MOU Sanitation Solid Resources Manager II MOU Sanitation Wastewater Manager I MOU Sanitation Wastewater Manager II MOU Seasonal Pool Manager I MOU Seasonal Pool Manager II MOU Second Deputy General Manager Harbor Department MOU Secretary MOU Security Aide MOU Security Officer MOU Senior Accountant I MOU Senior Accountant II MOU 20

34 Senior Administrative Analyst I MOU Senior Administrative Analyst II MOU Senior Airport Engineer I 182, Senior Airport Engineer II 182, Senior Airport Safety Officer MOU Senior Airport Safety Officer MOU Senior Animal Control Officer I MOU Senior Animal Control Officer II MOU Senior Animal Keeper MOU Senior Architect MOU Senior Architectural Drafting Technician MOU Senior Assistant City Attorney MOU Senior Auditor MOU Senior Automotive Supervisor MOU Senior Automotive Supervisor MOU Senior Avionics Specialist MOU Senior Building Inspector MOU Senior Building Mechanical Inspector MOU Senior Building Operating Engineer MOU A Senior Building Operating Engineer - Airports MOU Senior Carpenter MOU Senior Cartographer MOU Senior Chemist MOU Senior City Planner MOU Senior Civil Engineer MOU Senior Civil Engineering Drafting Technician MOU Senior Clerk MOU Senior Clerk Stenographer MOU Senior Clerk Typist MOU Senior Clerk Typist III MOU Senior Communications Electrician MOU Senior Communications Electrician Supervisor MOU Senior Communications Engineer MOU Senior Communications Operator I MOU Senior Communications Operator II MOU Senior Computer Operator I MOU Senior Computer Operator II MOU Senior Construction Engineer MOU Senior Construction Estimator MOU Senior Construction Inspector MOU A Senior Construction Inspector - Airports MOU Senior Crime and Intelligence Analyst MOU Senior Custodian I MOU A Senior Custodian I - Airports MOU Senior Custodian II MOU Senior Data Processing Technician I MOU Senior Data Processing Technician II MOU Senior Delivery Driver MOU Senior Diesel Plant Operator MOU Senior Deputy Treasurer MOU Senior Detention Officer MOU Senior Duplicating Machine Operator MOU Senior Election Assistant 182, Senior Election Clerk 182, Senior Electric Pumping Plant Operator MOU Senior Electrical Drafting Technician MOU Senior Electrical Equipment Tester MOU Senior Electrical Inspector MOU Senior Electrician MOU Senior Environmental Compliance Inspector MOU 19

35 3712 Senior Equipment Mechanic MOU Senior Equipment Mechanic MOU Senior Equipment Mechanic MOU Senior Event Attendant MOU Senior Examiner of Questioned Documents MOU Senior Finance Clerk I MOU Senior Finance Clerk II MOU Senior Fire Protection Engineer 182, Senior Fire Sprinkler Inspector MOU Senior Forensic Print Specialist MOU Senior Garage Attendant MOU Senior Gardener MOU Senior Hearing Officer MOU Senior Heating and Refrigeration Inspector MOU Senior Heavy Duty Equipment Mechanic MOU Senior Housing Inspector MOU Senior Housing Investigator I MOU Senior Housing Investigator II MOU Senior Housing Planning and Economic Analyst 182, Senior Industrial Hygienist MOU Senior Labor Relations Specialist I 182, Senior Labor Relations Specialist II 182, Senior Law Clerk 182, Senior Legal Assistant MOU Senior Legal Clerk I MOU Senior Legal Clerk II MOU Senior Librarian MOU Senior Management Analyst I MOU Senior Management Analyst II MOU Senior Mechanical Drafting Technician MOU Senior Mechanical Repairer I MOU Senior Mechanical Repairer II MOU Senior Painter MOU Senior Painter II MOU Senior Park Maintenance Supervisor MOU Senior Park Ranger I MOU Senior Park Ranger II MOU Senior Park Services Attendant MOU Senior Parking Attendant I MOU Senior Parking Attendant II MOU Senior Payroll Analyst MOU Senior Personnel Analyst I 182, Senior Personnel Analyst II 182, Senior Photographer I MOU Senior Photographer II MOU Senior Plumber MOU Senior Plumbing Inspector MOU Senior Police Service Representative I MOU Senior Police Service Representative II MOU Senior Proctor 182, Senior Project Assistant MOU Senior Project Coordinator MOU Senior Property Officer MOU Senior Real Estate Officer MOU Senior Recreation Director I MOU Senior Recreation Director II MOU Senior Recreational Counselor 182, Senior Recreation Services Representative 182, A Senior Residential Camp Counselor 182, B Senior Residential Camp Counselor 182,202

36 2427C Senior Residential Camp Counselor 182, D Senior Residential Camp Counselor 182, Senior Roofer MOU Senior Safety Engineer Elevators MOU Senior Safety Engineer Pressure Vessels MOU Senior Sales Representative I 182, Senior Sales Representative II 182, Senior Sanitary Engineer MOU Senior Security Officer MOU Senior Sheet Metal Worker MOU Senior Storekeeper MOU M Senior Storekeeper MOU Senior Street Lighting Engineer MOU Senior Street Services Investigator I MOU Senior Street Services Investigator II MOU Senior Street Services Investigator III MOU Senior Structural Engineer MOU Senior Survey Supervisor MOU Senior Systems Analyst I MOU Senior Systems Analyst II MOU Senior Tax Auditor MOU Senior Tax Renewal Assistant I MOU Senior Tax Renewal Assistant II MOU Senior Tax Renewal Assistant III MOU Senior Teller MOU Senior Title Examiner MOU Senior Traffic Checker MOU Senior Traffic Paint and Sign Supervisor MOU Senior Traffic Signal Supervisor MOU Senior Traffic Supervisor I MOU Senior Traffic Supervisor II MOU Senior Traffic Supervisor III MOU Senior Transit Analyst MOU Senior Transportation Engineer MOU Senior Transportation Investigator MOU Senior Wastewater Treatment Operator MOU Senior Window Cleaner MOU A Senior Window Cleaner - Airports MOU Senior Witness Service Coordinator MOU Senior Workers' Compensation Analyst MOU Service Coordinator MOU Sheet Metal Supervisor MOU Sheet Metal Worker MOU Shift Superintendent Wastewater Treatment I MOU Shift Superintendent Wastewater Treatment II MOU Ship Carpenter MOU Sign Painter MOU Sign Shop Supervisor MOU Signal Systems Electrician MOU Signal Systems Superintendent MOU Signal Systems Supervisor I MOU Signal Systems Supervisor II MOU Single Audit Analyst 182, Social Worker I MOU Social Worker II MOU Social Worker III MOU Solid Resources Superintendent MOU Solid Waste Disposal Superintendent I MOU Solid Waste Disposal Superintendent II MOU Special Investigator I MOU 1

37 Special Investigator II MOU Special Program Assistant I 182, Special Program Assistant II MOU Special Program Assistant III MOU Storekeeper I MOU Storekeeper II MOU M Storekeeper II MOU Stores Superintendent MOU Stores Supervisor MOU Street Lighting Electrician MOU Street Lighting Electrician Supervisor I MOU Street Lighting Electrician Supervisor II MOU Street Lighting Electrician Supervisor III MOU Street Lighting Engineer MOU Street Lighting Engineering Associate I MOU Street Lighting Engineering Associate II MOU Street Lighting Engineering Associate III MOU Street Lighting Engineering Associate IV MOU Street Services General Superintendent I MOU Street Services General Superintendent II MOU Street Services Superintendent I MOU Street Services Superintendent II MOU Street Services Supervisor I MOU Street Services Supervisor II MOU Street Services Worker I MOU Street Services Worker II MOU Street Services Worker III MOU Street Tree Superintendent I MOU Street Tree Superintendent II MOU Street Services Investigator MOU Structural Engineer MOU Structural Engineering Associate I MOU Structural Engineering Associate II MOU Structural Engineering Associate III MOU Structural Engineering Associate IV MOU Student Architect - who has completed one academic year of training in a school of architecture 182, Student Architect - who has completed two academic years of training in a school of architecture 182, Student Architect - who has completed three academic years of training in a school of architecture 182, Student Engineer - who has completed one academic year of training in a school of engineering 182, Student Engineer - who has completed two academic years of training in a school of engineering 182, Student Engineer - who has completed three academic years of training in a school of engineering 182, Student Engineer - who has completed training in a school of engineering, or is in their senior academic year 182, Student Librarian I 182, Student Librarian II 182, Student Librarian III 182, Student Professional Worker 182, Student Worker 182, Superintendent of Operations I MOU Superintendent of Operations II MOU Superintendent of Recreation and Parks Operations MOU Superintendent Planning and Development MOU Supervising Occupational Health Nurse MOU Supervising Criminalist MOU 17

38 2315 Supervising Occupational Health Nurse MOU Supervising Transportation Planner I MOU Supervising Transportation Planner II MOU Supply Services Manager I MOU Supply Services Manager II MOU Survey Party Chief I MOU Survey Party Chief II MOU Survey Supervisor MOU Swimming Pool Clerk I MOU Swimming Pool Clerk II MOU Systems Aide MOU Systems Analyst I MOU Systems Analyst II MOU Systems Programmer I MOU Systems Programmer II MOU Systems Programmer III MOU 21 T 5943 Tank Farm Operator MOU Tax Auditor I MOU Tax Auditor II MOU Tax Compliance Aide MOU Tax Compliance Officer I MOU Tax Compliance Officer II MOU Tax Compliance Officer III MOU Tax Renewal Assistant I MOU Tax Renewal Assistant II MOU Tax Renewal Assistant III MOU Tax Renewal Assistant IV MOU Taxicab Administrator MOU Telecommunications Planner MOU Telecommunications Planning and Utilization Officer MOU Telecommunications Regulatory Officer I MOU Telecommunications Regulatory Officer II MOU Telecommunications Regulatory Officer III MOU Telescope Demonstrator 182, Television Engineer MOU Temporary Paramedic MOU Theater Attendant 182, A Theater Technician A 182, B Theater Technician B 182, C Theater Technician C 182, D Theater Technician D 182, Therapeutic Recreation Specialist MOU Tile Setter MOU Tire Repairer MOU Tire Repairer MOU Tire Repair Supervisor MOU Tire Repair Supervisor MOU Title Examiner MOU Title Transfer Coordinator MOU Traffic Checker MOU Traffic Manager MOU Traffic Marking & Sign Superintendent I MOU Traffic Marking & Sign Superintendent II MOU Traffic Marking & Sign Superintendent III MOU Traffic Officer I MOU Traffic Officer II MOU Traffic Officer III MOU Traffic Painter and Sign Poster I MOU 4

39 Traffic Painter and Sign Poster II MOU Traffic Painter and Sign Poster III MOU Traffic Records Supervisor 182, Traffic Signal Supervisor MOU Transit Aide MOU Transit Analyst I MOU Transit Analyst II MOU Transit Document Control Assistant MOU Transit Police Dispatcher MOU Transit Secretary MOU Transitional Worker Note R 7278 Transportation Engineer MOU Transportation Engineering Aide I MOU Transportation Engineering Aide II MOU Transportation Engineering Associate I MOU Transportation Engineering Associate II MOU Transportation Engineering Associate III MOU Transportation Engineering Associate IV MOU Transportation Investigator MOU Transportation Planning Associate I MOU Transportation Planning Associate II MOU Treasury Accountant I MOU Treasury Accountant II MOU Tree Surgeon MOU Tree Surgeon Assistant MOU Tree Surgeon Supervisor I MOU Tree Surgeon Supervisor II MOU Truck Crane Oiler MOU Truck Operator MOU Truck Operator MOU 4 U 3723 Upholsterer MOU Upholsterer MOU Utility Rates and Policy Specialist I 182, Utility Rates and Policy Specialist II 182, Utility Rates and Policy Specialist III 182,239 V 3590 Vehicle Maintenance Coordinator MOU Vehicle Nuisance Inspector MOU Veterinarian I MOU Veterinarian II MOU Veterinarian III MOU Veterinary Technician MOU Video Production Coordinator MOU Video Technician I MOU Video Technician II MOU Videotape Librarian MOU Vocalist 182, Vocational Worker I MOU Vocational Worker II MOU Volunteer Coordinator MOU Vote by Mail Administrator 182,202 W Warehouse and Toolroom Worker I MOU G Warehouse and Toolroom Worker I MOU Warehouse and Toolroom Worker II MOU Wastewater Collection Manager I MOU 36

40 Wastewater Collection Manager II MOU Wastewater Collection Supervisor MOU Wastewater Collection Worker I MOU Wastewater Collection Worker II MOU Wastewater Residuals Research Engineer MOU Wastewater Treatment Electrician I MOU Wastewater Treatment Electrician II MOU Wastewater Treatment Electrician Supervisor MOU Wastewater Treatment Laboratory Manager I MOU Wastewater Treatment Laboratory Manager II MOU Wastewater Treatment Laboratory Manager III MOU Wastewater Treatment Maintenance Manager I MOU Wastewater Treatment Maintenance Manager II MOU Wastewater Treatment Maintenance Manager III MOU Wastewater Treatment Mechanic I MOU Wastewater Treatment Mechanic II MOU Wastewater Treatment Mechanic Supervisor MOU Wastewater Treatment Operator MOU Wastewater Treatment Operator I MOU Wastewater Treatment Operator II MOU Wastewater Treatment Operator III MOU Wastewater Treatment Plant Manager I MOU Wastewater Treatment Plant Manager II MOU Wastewater Treatment Plant Manager III MOU Water Biologist I MOU Water Biologist II MOU Water Biologist III MOU Water Microbiologist I MOU Water Microbiologist II MOU Water Microbiologist III MOU Water Utility Worker MOU A Water Utility Worker - Airports MOU H Water Utility Worker - Harbor MOU Welder MOU Welder MOU Welder MOU H Welder - Harbor MOU Welder Supervisor MOU Welder Supervisor I MOU Welder Supervisor II MOU Wharfinger I MOU Wharfinger II MOU Window Cleaner MOU A Window Cleaner - Airports MOU Window Cleaner Supervisor MOU A Window Cleaner Supervisor - Airports MOU Witness Service Coordinator MOU Workers' Compensation Administrator I MOU Workers' Compensation Administrator II MOU Workers' Compensation Claims Assistant MOU Workers' Compensation Analyst MOU 1 X X-ray and Laboratory Technician I MOU X-ray and Laboratory Technician II MOU 21 Y Youth Employment Specialist I 182, Youth Employment Specialist II 182, Youth Employment Specialist III 182,202

41 Youth Employment Specialist IV 182,202 Z 9501 Zoo Assistant GM MOU Zoo Curator MOU Zoo Curator of Education I MOU Zoo Curator of Education II MOU Zoo Curator of Education III MOU Zoo Curator of Birds MOU Zoo Curator of Reptiles MOU Zoo Research Director MOU Zoo Veterinarian I MOU Zoo Veterinarian II MOU Zoo Veterinarian III MOU 10 Any class that appears in Schedule B, Los Angeles Administrative Code Section , shall be deemed to have been adopted for this Schedule and Section. [Schedule "A" History] SCHEDULE A HISTORY Amended by: Ord. No. 171,752, Eff ; Ord. No. 171,757, Eff ; Ord. No. 171,766, Eff ; Ord. No. 171,768, Eff ; In Entirety, Ord. No. 171,780, Eff ; Ord. No. 171,782, Eff ; Ord. No. 171,855, Eff ; Ord. No. 171,886, Eff ; Ord. No. 171,895, Eff ; Ord. No. 172,107, Eff ; Ord. No. 172,151, Eff : Ord. No. 172,101, Eff ; Ord. No. 172,090, Eff ; Ord. No. 172,246, Eff ; Ord. No. 172,403, Eff ; Ord. No. 172,411, Eff ; Ord. No. 172,461, Eff ; Ord. No. 172,483, Eff ; Ord. No. 172,488, Eff ; Ord. No. 172,519, Eff ; Ord. No. 172,581, Eff ; Ord. No. 172,777, Eff ; Ord. No. 172,809, Eff ; Ord. No. 172,810, Eff ; Ord. No. 172,811, Eff ; Ord. No. 172,903, Eff ; Ord. No. 172,962, Eff ; Ord. No. 173,021, Eff ; Ord. No. 173,037, Eff ; Ord. No. 173,038, Eff ; Ord. No. 173,039, Eff ; Ord. No. 173,040, Eff ; Ord. No. 173,153, Eff ; Ord. No. 173,156, Eff ; Ord. No. 173,185, Eff. 4/19/00; Ord. No. 173,220, Eff ; Ord. No. 173,240, Eff ; Ord. No. 173,347, Eff ; Ord. No. 173,357, Eff ; Ord. No. 173,358, Eff ; Ord. No. 173,441, Eff ; Ord. No. 173,457, Eff ; Ord. No. 173,461, Eff ; Ord. No. 173,500, Eff ; Ord. No. 173,551, Eff ; Ord. No. 173,552, Eff ; Ord. No. 173,555, Eff ; Ord. No. 173,666, Eff ; Ord. No. 173,573, Eff ; Ord. No. 173,578, Eff ; Ord. No. 173,579, Eff ; Ord. No. 173,580, Eff ; Ord. No. 173,581, Eff ; Ord. No. 173,582, Eff ; Ord. No. 173,683, Eff ; Ord. No. 173,739, Eff ; Ord. No. 173,740, Eff ; Ord. No. 173,745, Eff ; Ord. No. 173,773, Eff ; Ord. No. 173,774, Eff ; Ord. No. 173,783, Eff Ord. No. 173,845, Eff ; Ord. No. 173,844, Eff ; Ord. No. 173,841, Eff ; Ord. No. 173,842, Eff ; Ord. No. 173,856, Eff ; Ord. No. 173,965, Eff ; Ord. No. 173,966, Eff ; Ord. No. 173,843, Eff ; Ord. No. 174,074, Eff ; Ord. No. 174,215, Eff ; Ord. No. 174,505, Eff ; Ord. No. 174,608, Eff , Oper ; Ord. No. 174,650, Eff ; Ord. No. 174,661, Eff ; Ord. No. 174,834, Eff ; Ord. No. 174,835, Eff ; Ord. No. 174,980, Eff ; In Entirety, Ord. No. 175,048, Eff ; Ord. No. 175,157, Eff ; Ord. No. 175,158, Eff ; Ord. No. 175,159, Eff ; Ord. No. 175,157, Eff ; Ord. No. 175,158, Eff ; Ord. No. 175,159, Eff ; Ord. No. 175,311, Eff ; Ord. No. 175,338, Eff ; Ord. No. 175,388, Eff ; Ord. No. 175,427, Eff ; Ord. No. 175,479, Eff ; Ord. No. 175,480, Eff ; Ord. No. 175,571, Eff ; Ord. No. 175,640, Eff ; Ord. No. 175,806, Eff ; Ord. No. 175,807, Eff ; Ord. No. 175,950, Eff ; Ord. No. 176,118, Eff ; Ord. No. 176,128, Eff ; Ord. No. 176,162, Eff ; Ord. No. 176,163, Eff ; Ord. No. 176,283, Eff , Oper ; Ord. No. 176,298, Eff ; Ord. No. 176,299, Eff ; Ord. No. 176,314, Eff ; Ord. No. 176,315, Eff ; Ord. No. 176,316, Eff ; Ord. No. 176,366, Eff ; Ord. No. 176,367, Eff ; Ord. No. 176,494, Eff ; In Entirety, Ord. No. 176,952, Eff , Oper ; Ord. No. 177,472, Eff ; Ord. No. 177,559, Eff ; Ord. No. 177,646, Eff ; Ord. No. 177,664, Eff ; Ord. No. 177,665, Eff ; Ord. No. 177,666, Eff ; Ord. No. 177,708, Eff ; Ord. No. 177,763, Eff ; Ord. 177,870, Eff ; Ord. No. 178,116, Eff ; Ord. No. 178,161, Eff ; Ord. No. 178,162, Eff ; Ord. No. 178,176, Eff ; Ord. No. 178,383, Eff ; Ord. No. 178,588, Eff ; Ord. No. 178,589, Eff ; Ord. No. 178,591, Eff ; Ord. No. 178,814, Eff ; Ord. No. 178,984, Eff ; Ord. No. 178,986, Eff ; Ord. No. 179,109, Eff ; Ord. No. 179,110, Eff ; Ord. No. 179,212, Eff ; Ord. No. 179,323, Eff ; Ord. No. 179,495, Eff ; In Entirety, Ord. No. 179,994, Eff , Oper ; Ord. No. 180,006, Eff ; Ord. No. 180,119, Eff ; Ord. No. 180,213, Eff ; Ord. No. 180,214, Eff ; Ord. No. 180,323, Eff ; Ord. No. 180,334, Eff ; Ord. No. 180,603, Eff ; Ord. No. 180,742, Eff ; Ord. No. 180,845, Eff , Oper ; In Entirety, Ord. No. 181,779, Eff , Oper ; Ord. No. 181,911, Eff , Oper ; Ord. No. 181,954, Eff , Oper ; Ord. No. 182,032, Eff , Oper ; In Entirety, Ord. No. 182,202, Eff , Oper *; Ord. No. 182,239, Eff * Editor s note: See Ord. No. 182,202 for provisions operative on and MOU (Memorandum of Understanding) Salaries for classes of positions indicated as MOU (*) are fixed by various Memoranda of Understanding between the City and recognized employee organizations. The Memoranda of Understanding for the representation units are set forth in the following index: MOU 1 MOU 2 MOU 3 MOU 4 MOU 5 MOU 6 MOU 7 MOU 8 MOU 9 MOU 10 MOU 11 Administrative Building Trades Rank and File Clerical and Support Services Equipment Operation and Labor Inspectors Librarian Recreation Assistant Professional Engineering and Scientific Plant Equipment Operation and Repair Professional Medical Services Recreational

42 MOU 12 MOU 13 MOU 14 MOU 15 MOU 16 MOU 17 MOU 18 MOU 19 MOU 20 MOU 21 MOU 26 MOU 27 MOU 29 MOU 30 MOU 31 MOU 32 MOU 34 MOU 35 MOU 36 MOU 37 MOU 38 MOU 39 MOU 40 MOU 61 Supervisory Blue Collar Supervisory Building Trades Service and Crafts Service Employees Supervisory Librarian Supervisory Professional Engineering and Scientific Safety/Security Supervisory Technical Supervisory Administrative Technical Port Pilots Port of Los Angeles Command Officers City Attorneys Airport Peace Officers Confidential Attorneys Management Attorneys Crossing Guards Hiring Hall Daily Rated Building Trades Management Employees Executive Administrative Assistants Harbor Peace Officers Supervisory Airport Peace Officers Airport Police Command Officers Senior Administrative Analysts and Administrative Analysts Employees covered by the Los Angeles Administrative Code may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201 et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required thereunder and any additional benefits set forth herein if compatible with the FLSA. Whenever a class code number used herein designates a class title which is inconsistent with the class title used in any Memorandum of Understanding or any Department Personnel Ordinance for any office, bureau or department, the class code number shall be deemed to identify the class for all purposes. MOU HISTORY Amended by: In Entirety, Ord. No. 171,780, Eff ; In Entirety, Ord. No. 175,048, Eff ; In Entirety, Ord. No. 176,952, Eff ; In Entirety, Ord. No. 179,994, Eff ; In Entirety, Ord. No. 181,779, Eff ; In Entirety, Ord. No. 182,202, Eff , Oper *. * Editor s note: See Ord. No. 182,202 for provisions operative on and [General Managers] GENERAL MANAGERS Code No. Classification Salary Range Number Ordinance Number 9296 Chief Legislative Analyst M12 182, Chief of Police M12 182, City Administrative Officer M12 182, City Clerk M9 182, City Engineer M11 182, City Librarian M9 182, Director Bureau of Sanitation M11 182, Director Bureau of Street Lighting M8 182, Director Bureau of Street Services M9 182, Director of Finance M10 182, Director of Planning M11 182, Executive Director Commission on Children, Youth & Families M7 182, Executive Director Department of Disability M7 182, Fire Chief M11 182, General Manager Airports M12 182, General Manager and Chief Engineer Water and Power M13 * 9245 General Manager Animal Services M8 182,202

43 9250 General Manager Community Development M9 182, General Manager Convention Center M8 182, General Manager Cultural Affairs M8 182, General Manager Department of Aging M7 182, General Manager Department of Animal Services M8 182, General Manager Department of Environmental Affairs M8 182, General Manager Department of General Services M9 182, General Manager Department of Neighborhood Empowerment M8 182, General Manager Department of Transportation M11 182, General Manager El Pueblo Historical Monument M7 182, General Manager Emergency Management Department M7 182, General Manager Harbor Department M12 182, General Manager Information Technology Agency M10 182, General Manager LACERS M9 182, General Manager Los Angeles Housing Department M9 182, General Manager Pensions M9 182, General Manager Personnel Department M10 182, General Manager Recreation and Parks M11 182, General Manager Zoo Department M11 182, Inspector of Public Works M8 182, Superintendent of Building M11 182, Treasurer M8 182,202 [General Managers' Salary Schedule] Salary Range No. Ordinance Number M ,202 M ,202 M ,202 M ,202 M-9 182,202 M-8 182,202 M-7 182,202 M-6 182,202 * Salary set in accordance with Charter Section 508(f). The Controller and City Administrative Officer are authorized to modify any General Manager's salary due to Merit Pay Plan salary adjustments. GENERAL MANAGERS' SCHEDULE HISTORY Amended by: Ord. No. 171,748, Eff , Oper ; In Entirety, Ord. No. 171,780, Eff ; Ord. No. 171,856, Eff ; Ord. No. 172,772, Eff , Oper ; Ord. No. 172,904, Eff ; Ord. No. 173,438, Eff , Oper ; Ord. No. 173,456, Eff , Oper ; Ord. No. 173,582, Eff ; Ord. No. 174,661, Eff ; In Entirety, Ord. No. 175,048, Eff ; In Entirety, Ord. No. 176,952, Eff , Oper ; Ord. No. 177,761, Eff ; Ord. No. 178,589, Eff ; Ord. No. 179,421, Eff ; In Entirety, Ord. No. 179,994, Eff , Oper ; Ord. No. 180,323, Eff ; Ord. No. 180,845, Eff , Oper ; In Entirety, Ord. No. 181,779, Eff , Oper ; In Entirety, Ord. No. 182,202, Eff , Oper *. * Editor s note: See Ord. No. 182,202 for provisions operative on and [Salary Notes of Schedule "A"] SALARY NOTES OF SCHEDULE A Where applicable, and where authorized for the particular class of position by ordinance or resolution, employees may earn premium pay under more than one of the following notes at one time. Where this occurs premiums shall be paid cumulatively adding together the (1) number of schedules to be paid under each note above the schedule or (2) the number of premium schedules to be paid under each note above the schedule or (2) the number of premium levels above the appropriate step rate of the salary range prescribed for the class. Whenever the work program of a department requires the assignment of duties to an employee, the nature of which qualifies him to receive adjusted compensation or pay, the Office of Administrative and Research Services may, upon review of the request of the

44 appointing authority and by notification to the Controller, authorize payment of adjusted compensation in accordance with these Notes and Section 4.72(b) and (c), and 4.74 of this Code provided such assignment is on a program and for a purpose previously authorized by Mayor and Council, and provided that in no event shall such authorization extend beyond the end of the final year in which such authority is granted. The premium for any person employed in a class, the salary for which is fixed at flat bi-weekly rate, and who is entitled to receive the adjusted compensation in accordance with the provisions of this paragraph, shall be computed by adding to the regular salary payments which he would otherwise receive, an amount equal to five and one half percent of each note. NOTE E. (None) NOTE G. (None) NOTE H. A person employed in this class of position when required to perform duties more than 50% of his time in any one day consisting of working on a ladder, scaffolding, a hydraulic lift platform, or working from a scaffold or other device that is suspended by ropes or cables; or operating compressed air spray apparatus to spray emulsified asphalt or weed control chemicals from a moving vehicle or to spray paint, or using a steam cleaning apparatus employing a heavyduty caustic soda as a detergent; or performing duties in a deep sewer over eight feet in depth consisting of timbering, shoring, tunneling, pipe laying and concreting, shall receive for each day, salary at (1) the corresponding step of the second schedule higher than the schedule prescribed for this class, or (2) the second premium level rate above the appropriate step of the salary range prescribed for this class. NOTE J. (None) NOTE K. (None) NOTE N. A person employed in this class of position, when required to work more than 50% of his time, on any one day between the hours of 5:00 P.M. and 8:00 A.M., shall receive for each such day worked, salary at (1) the corresponding step of the second salary schedule higher than the schedule prescribed for this class, or (2) the second premium level rate above the appropriate step of the salary range prescribed for this class. NOTE R. TRANSITIONAL WORKER Whenever an employee is transferred pursuant to Charter Section 1014 to the class of Transitional Worker, Code 1576, that employee shall receive the salary of the position from which the employee transferred, plus the uniform allowance applicable to the class for which the employee is being trained, from the date of appointment to the class of Transitional Worker to the date the employee completes the temporary training time which is not to exceed a maximum of five years. NOTE 2. A person entering into employment in this class, whether by original appointment, promotion, demotion, transfer, displacement, certification from reserve list, or by any other means shall receive salary at the second step of the salary schedule or salary range prescribed for the class, and such person shall thereafter be entitled to future step advancements pursuant to Section 4.70 of this Code; provided, however, if any such person would be entitled to a salary higher than such second step by virtue of any other section of this ordinance providing for salary adjustment following appointment, promotion, demotion, transfer, displacement, certification from a reserve list, or other position change, such other section shall determine his salary and anniversary date. NOTE 3. A person entering into employment in the class, whether by original appointment, promotion, demotion, transfer, displacement, certification from a reserve list, or by any other means shall receive salary at the third step of the schedule or salary range prescribed for the class, and such person shall thereafter be entitled to future step advances pursuant to Section 4.70 of this Code: provided, however, if such person would be entitled to a salary higher than such third step by virtue of any other section of this ordinance providing for a salary adjustment following appointment, promotion, demotion, transfer, displacement, certification from a reserve list, or other position change, such other section shall determine his salary and anniversary date. NOTE 4. A person entering into employment in this class, whether by original appointment, promotion, demotion, transfer, displacement, certification from a reserve list, or by any other means shall receive salary at the fourth step of the schedule or salary range prescribed for the class, and such person shall thereafter be entitled to future step advancement pursuant to Section 4.70 of this Code: provided, however, if any such person would be entitled to a salary higher than such fourth step by virtue of any other section of this Code providing for a salary adjustment following appointment, promotion, demotion, transfer, displacement, certification from a reserve list or other position change, such other section shall determine his salary and anniversary date. NOTE 5. A person entering into employment in this class, whether by original appointment, promotion, demotion, transfer, displacement, certification from a reserve list, or by any other means shall receive salary at the fifth step of the schedule or range prescribed for this class, and such person shall thereafter be entitled to future step advancements pursuant to Section 4.70 of this Code: provided, however, if any such person would be entitled to a salary higher than fifth step by virtue of any other section of this Code providing for a salary adjustment following appointment, promotion, demotion, transfer, displacement, certification from a reserve list, or other position change, such other section shall determine his salary and anniversary date. NOTE V. Employees in the class of Vocational Worker, Code 3113, shall receive all tools, safety equipment and materials that are necessary to perform the duties of the position they occupy, and that would be provided to regular incumbents in the position, notwithstanding unit designation. In addition, Vocational Workers shall receive any uniform allowance(s) and/or bonus compensation arising out of their assignment and equal to that which regular incumbents in the status class would receive. Except as specified above, nothing herein shall provide compensation or benefits to Vocational Workers that accrue to regular incumbents based on their appointment to the status class and/or representation in the bargaining unit that includes the status class. ALTERNATIVE PAY GRADES. (None)

45 SALARY NOTES APPLICABLE TO THE AIRPORTS DEPARTMENT. NOTE 3. (None) NOTE 4. (None) NOTE 5. (a) Notwithstanding any other provisions of this Code to the contrary, employees in the class of Chief Airport Safety Officer, Code 3205, shall receive a Uniform Allowance only in accordance with that provided in the Supervisory Blue Collar Unit. (b) Notwithstanding any other provisions of this Code to the contrary, employees in the class of Chief Airport Safety Officer, Code 3205, shall be paid a salary in accordance with that provided in the Airport Police Command Officers Unit, at the pay of Airport Police Captain I. NOTE 6. (None) NOTE 7. The Airport Police Chief, Code 3232, and Airport Assistant Police Chief, Code 3234, will receive a bonus of three percent of regular hourly pay for possession of a relevant four-year college/university degree and a bonus of one percent of regular hourly pay for possession of a relevant college/university Master's degree. The effective date for each bonus is the beginning of the payroll period next succeeding the date the employee presents his/her adequate proof of the college/university degree and/or transcripts to the appointing authority. NOTE 8. Notwithstanding any other provisions of this Code to the contrary, employees in the classes of Airport Police Chief, Code 3232, and Airport Assistant Police Chief, Code 3234, shall receive a Continuing Education Bonus in accordance with that provided in Article 57 of the Management Employees Unit. Proof of qualifying for the Continuing Education Bonus must be submitted to the General Manager Department of Airports or the General Manager's designee. SALARY NOTES APPLICABLE TO THE CITY CLERK ELECTIONS DIVISION. NOTE 1. In order to staff critical election-related assignments, the City Clerk is authorized to employ persons who are regularly employed in any City Department. The City Clerk shall compensate the employees, in the positions listed by the Clerk as critical to election operations, at rates equal to those specified for their regular Civil Service classifications including overtime, if applicable. NOTE 2. In order to staff critical election-related assignments, the City Clerk is authorized to employ Election Assistants in the following assignments and pay them the stipend indicated in lieu of the salary listed in Schedule "A" of LAAC Title Stipend a. Emergency Inspector Reservists $300/day b. Troubleshooter $300/day c. Emergency Clerk Reservists $215/day d. Emergency Translators $100/day. NOTE 3. In order to facilitate poll worker training, timely set up of polling places and communications with field staff on election days, the City Clerk is authorized to pay Precinct Board Inspectors and Precinct Board Clerks the stipends shown below in addition to the salary listed in Schedule "A" of the LAAC 4.61: a. Use of personal cell phone for election-day duties(day of election only) $5/day b. Use of personal cell phone in election-related duties (Supply Pick-Up Day only) $5/day c. Bilingual bonus $25/day d. Supply Pickup (Custodial responsibilities) $25/precinct e. Pre-election training (If attend training and work on election day) $25/session f. Transportation of Precinct Ballot Readers $25/precinct g. Excessive Travel (Paid for emergency travel to poll locations away from a worker's local assignment poll) $25 h. Custodian (non-city facility) $12/facility NOTE 4. Whenever a room or space is rented for use as a polling place and suitable furniture, light and heat are provided, the rental paid shall be the sum of $50.00 per assigned precinct for each election. SALARY NOTE APPLICABLE TO THE CITY ETHICS COMMISSION. Sections 4.90 and 4.91 of the Los Angeles Administrative Code shall not apply to the position of Executive Officer, City Ethics Commission. Initial appointment to the position of Executive Officer, City Ethics Commission shall be at the lowest step in the salary range for the position unless the City Ethics Commission recommends and the City Council approves appointment at a specified higher step in the range. SALARY NOTES APPLICABLE TO THE HARBOR DEPARTMENT.

46 NOTE 1. (None) NOTE 2. (None) NOTE 3. (None) NOTE 4. (None) NOTE 5. (None) NOTE 6. (None) NOTE 8. The salary range fixed for the class Assistant Harbor Traffic Manager, Code 1781, shall be deemed to include compensation for whatever time is required for the performance of the job duties. The General Manager Harbor Department may provide for time off at the rate of one hour off for each hour worked in excess of 40 hours per week, provided that time off not taken in one year or prior to leaving the Harbor Department shall be deemed as waived and lost. NOTE 9. Whenever an employee in the class Chief Port Pilot, Code 5154, is required to return to duty following the termination of his/her work shift and departure from the work location, such employee shall receive compensation in accordance with that provided in the Port Pilot Unit, at the overtime pay of Port Pilot II, fifth step. NOTE 11. (None) NOTE 12. (None) SALARY NOTES APPLICABLE TO THE LIBRARY DEPARTMENT. NOTE 2. (None) NOTE 3. For the purpose of determining N rate eligibility only, any dinner period taken after 5:00 p.m. shall be deemed to be time worked after 5:00 p.m. NOTE 4. Temporary Supervision Differential - The Board of Library Commissioners may authorize payment of a non-represented employee at the second premium level above the appropriate step of the salary range for the employee s classification when said employee is temporarily assigned to be in charge of a unit when the regular supervisor is absent, or the position is vacant, subject to the following conditions: (a) (b) The absence of the supervisor or the vacancy is for at least five weeks; The length of the absence has been verified; and (c) The effective date of the salary premium will begin on the commencement of the fifth week of the absence or vacancy and continue until the return of the regular supervisor or the appointment of a new supervisor. NOTE 5. Salary for Exempt Employees - Employees exempted from the civil service provisions of the City Charter because they work half-time or less shall be paid on a flat hourly basis, with the hourly rate to be that corresponding to the first step of the salary range in effect for the classification in which the employee is employed. NOTE 6. Salaries for Intermittent Substitutes - Employees hired as Intermittent Substitutes shall be paid at the first step of the salary range in effect for the classification in which they are employed. Regular employees changing to Intermittent Substitute status shall continue to be paid at the same rate at which they were last paid while a regular employee. SALARY NOTES APPLICABLE TO THE RECREATION AND PARKS DEPARTMENT. NOTE 1. Employees of the Department of Recreation and Parks in the classification of Camp Counselor (Code 2421) and Senior Camp Counselor (Code 2427), when so assigned, shall receive salary at the flat rate prescribed in Schedule A of Section 4.61 of the Los Angeles Administrative Code. The salary rate shall constitute full compensation for each half-day or day worked, and overtime would not be applicable notwithstanding provisions of Section of the Code. NOTE 3. (None) SALARY FIXING FOR DAILY RATE EXEMPT POSITIONS. Employees occupying positions set forth in Schedule D herein are represented in collective bargaining representation units for which contracts are negotiated between various independent contractors or associations and various labor unions. Representation of positions listed in Schedule D herein is not pursuant to the provisions of Section et seq. of this Code. Employees occupying positions set forth in Schedule D herein are civil service exempt daily rate workers.

47 The salary rates established by the collective bargaining agreements negotiated between the respective construction contractors or associations and their respective labor unions for employee occupying positions in the classes set forth in Schedule D, are hereby determined to be an ascertainment of the prevailing wage for each position in each instance. The rates of compensation for the employees occupying positions in Schedule D as specified in the Item numbers set forth therein, shall be fixed in accordance with the specific agreements applicable to such classes as set forth therein. The Director of the Office of Administrative and Research Services shall, from time to time, amend the wage rates and other times of salary appearing on such Item numbers to conform to the rates of compensation negotiated in the applicable labor agreements and such rates shall constitute the prevailing wage in each instance and authority is hereby established to pay such rates of compensation so established. Employees occupying exempt positions set forth in Schedule D shall not be covered by any of the provisions of this Code unless their coverage is specifically provided. : NOTES OF SCHEDULE A Notes 2 and 3, amended by Ord. No. 109,435; Notes H, J, K, and N, amended by Ord. No. 127,154; Note H, amended by: Ord. No. 138,864, Eff ; Ord. No. 140,204, Eff ; Notes 4 and 5, added by Ord. No. 140,610, Eff , Oper ; 1st Para. Notes-Schedule A added by Ord. No. 141,542, Eff ; Note K amended by Ord. No. 141,865, Eff ; 1st Para., Notes-Schedule A amended by Ord. No. 145,850, Eff nd Para., Note 5, repealed by Ord. No. 148,563, Eff , Oper ; 1st Para., Notes G, H, J, K, N, 2, 3, 4, 5, amended by Ord. No. 148,563, Eff , Oper ; Note P, added by Ord. No. 149,072, Eff Note Q, added by Ord. No. 150,272, Eff , Oper Note Q, amended by Ord. No. 152,543, Eff , Oper Note R, added by Ord. No. 152,922. Eff Oper Note R, amended by Ord. No. 158,352, Eff , Oper Note R, amended by Ord. No. 162,273, Eff Note E, added by Ord. No. 162,764, Eff , Oper Note R, amended by Ord. No. 171,604, Eff Note V, added by Ord. No. 173,066, Eff Notes J and K, repealed by Ord. No. 176,297, Eff ALTERNATIVE PAY GRADES Added by: Ord. No. 144,850, Eff , Oper Para (5), added by Ord. No. 148,023, Eff , Oper Para. (5), amended by Ord. No. 148,670, Eff Subsec. (1), adds Notes F and C, Ord. No. 157,071, Eff Oper Subsec. (2), adds Notes L and M. Ord. No. 157,071, Eff Oper Subsec. (3), adds Notes S and T, Ord. No. 157,071, Eff Oper Subsec. (4), adds Notes W and X, Ord. No. 157,071, Eff , Oper Subsec. (5), amended by Ord. No. 157,181, Eff , Oper Repealed by Ord. No. 176,297, Eff SALARY FIXING FOR DAILY RATE EXEMPT POSITIONS Added by: Ord. No. 151,532, Eff SCHEDULE D, SALARY FIXING FOR DAILY RATE EXEMPT POSITIONS Repealed by: Ord. No. 161,856, Eff , Oper SALARY NOTES APPLICABLE TO CITY CLERK ELECTIONS DIVISION Added by: Ord. No. 178,117, Eff Notes 3 and 4, amended by Ord. No. 182,208, Eff SALARY NOTE APPLICABLE TO CITY ETHICS COMMISSION Added by: Ord. No. 161,131, Eff SALARY NOTES APPLICABLE TO VARIOUS DEPARTMENTS AIRPORTS Added by: Ord. No. 150,272, Eff , Oper Note 6, repealed by Ord. No 152,230, Eff , Oper Note 5, amended and Note 6 added by Ord. No. 157,169, Eff , Oper Note 5, amended by Ord. No. 157,181, Eff , Oper Note 5, amended by Ord. No. 158,640, Eff , Oper , , Note 7, added by Ord. No. 158,640, Eff , Oper Notes 4 and 5, repealed by Ord. No. 159,175, Eff , Oper , Note 6, renumbered Note 4, Note 7(a) (b) renumbered Note 5(a), (b), Ord. No. 160,569, Eff , Oper Note 5(a), amended by Ord. No. 164,196, Eff ,Oper Note 6, added by Ord. No. 164,491, Eff , Oper Note 1, repealed by Ord. No. 165,019, Eff , Oper Note 2, repealed by Ord. No. 165,019, Eff , Oper Note 5(a), amended by Ord. No. 165,019, Eff , Oper Note 5(a), amended by Ord. No. 176,297, Eff Notes 4 and 6, repealed by Ord. No. 176,297, Eff Note 7, added by Ord. No. 177,472, Eff Note 7, amended and Note 8 added by Ord. No. 178,383, Eff

48 Note 5(b), added by Ord. No. 178,588, Eff HARBOR Added by: Ord. No. 150,272, Eff , Oper Note 3, amended by Ord. No. 150,868, Eff , Oper Note 3, amended by Ord. No. 152,230. Eff , Oper Notes 7 and 8, added by Ord. No. 152,230, Eff Oper Note 3, amended by Ord. No. 152,543, Eff , Oper Note 6, repealed by Ord. No. 152,543, Eff , Oper Note 3, amended by Ord. No. 154,343, Eff , Oper Note 9, added by Ord. No. 155,339, Eff Note 3, amended by Ord. No. 155,667, Eff , Oper Notes 2, 3, 9, amended by Ord. No. 157,169, Eff , Oper Note 3, amended by Ord. No. 157,181, Eff , Oper Note 10, added by Ord. No. 158,877, Eff Oper Note 3, amended by Ord. No. 158,640, Eff , Oper , Notes 9, 10, amended by Ord. No. 158,640, Eff , Oper , , Note 11, added by Ord. No. 158,640, Eff , Oper Note 12, added by Ord. No. 158,961, Eff , Oper Note 3, repealed by Ord. No. 159,175, Eff , Oper Notes 5, 6, 7, 8, added by Ord. No. 159,573, Eff Note 8 operative Note 12, renumbered Note 3, Note 10 amended by Ord. No. 160,569, Eff , Oper , Note 11(a), (b), renumbered Note 6(a), (b), New Note 11 added. Ord. No. 160,669, Eff , Oper Note 10, amended by Ord. No. 163,818, Eff , Oper Note 12, amended by Ord. No. 163,818, Eff , Oper Note 7, repealed by Ord. No. 164,908, Eff , Oper, Note 10, repealed by Ord. No. 164,908, Eff , Oper Note 12, repealed by Ord. No. 165,019, Eff , Oper Note 6(a), amended by Ord. No. 167,183, Eff , Oper Note 3, deleted by Ord. No. 170,101, Eff , Oper Note 6, amended by Ord. No. 170,618, Eff , Oper Note 9, amended by Ord. No. 171,658, Eff , Oper Note 1, Ord. No. 173,359, Eff Note 2, Ord. No. 173,359, Eff Note 3, Ord. No. 173,359, Eff Note 12, added by Ord. No. 175,048, Eff Notes 1, 2, 3, 6 and 12, repealed by Ord. No. 176,748, Eff LIBRARY Added by: Ord. No. 150,272, Eff Note 6, amended by: Ord. No. 167,285, Eff Note 1, deleted by Ord. No. 170,101, Eff , Oper Note 2, repealed by Ord. No. 176,297, Eff PENSIONS Added by Ord. No. 160,272, Eff , Oper Notes 1 and 2, amended by Ord. No. 152,543. Eff , Oper Notes 1 and 2, amended by Ord. No. 153,230, Eff , Oper Notes 1 and 2, repealed by Ord. No. 154,343. Eff , Oper RECREATION AND PARKS Added by: Ord. No. 150,272, Eff , Oper Note 7, added by Ord. No. 154,161, Eff Amended to read in entirety, Ord. No. 154,343, Eff , Oper Note 4, Added by Ord. No. 155,667, Eff , Oper Amended to read by Ord. No. 157,169, Eff Oper Note 3, added by Ord. No. 158,877, Eff , Oper Note 4, added by Ord. No. 158,840, Eff , Oper , Note 9, added by Ord. No. 161,176, Eff Note 9, amended by Ord. No. 161,668, Eff , Oper Note 9, renumbered Note 10, Ord. No. 162,961, Eff , Oper Notes 5, 6, 7, 8, repealed by Ord. No. 164,170, Eff , Oper Note 3, amended by Ord. No , Eff , Oper Notes 2, 4, and 10 deleted by Ord. No. 170,101, Eff , Oper References to City Administrative Office(r) in Sec Amended by Ord. No. 173,308, Eff , Oper Sec [Rate of Compensation for Acting Incumbent to Office of Controller or City Attorney.] Any employee who is appointed to serve as acting incumbent to the Office of Controller or City Attorney, who at the time of vacancy within the office he/she will assume, receives a higher rate of compensation than that established for the elected official of that office, shall continue to receive the higher rate of compensation while serving as acting incumbent. Added by Ord. No. 153,532, Eff Sec Confidential Clerical Unit Benefits.

49 Added by Ord. No. 159,810, Eff , Oper Amended by: Ord. No. 167,296, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Salary Adjustment for Classes of Machinist Foreman and Automotive Foreman and Senior Automotive Foreman. Based on Ord. No Amended by: Subsec. (a), Para. 1., Subsec. (b), Ord. No. 130,095; Para. 2, Subsec. (b), Ord. No. 122,358; Para. 1., Subsec. (b), Ord. No. 145,850, Eff ; Ord. No. 148,563, Eff , Oper Repealed by Ord. No. 176,297, Eff Sec Supervision Differential. Notwithstanding any other provision of this chapter, a bonafide supervisory employee in a class which has its compensation fixed by salary schedule or range number, shall be paid at a rate at least (1) two schedules higher than the rate of the highest paid subordinate under his charge whose compensation is fixed by salary schedule number, or (2) at the appropriate step of the range with a first step rate equivalent to the second premium level rate above the first step rate of the subordinate class. For the purposes of this section, bona fide supervisory employee means a full-time, regularly assigned supervisor with full administrative and technical authority to assign, review and approve work of his subordinates. The rates to be compared in determining the supervision differential shall be the maximum salary rates of the schedules or ranges prescribed for the authorized and allocated classes of the bona fide supervisor and the subordinate, excluding any premiums, bonuses, or working condition differentials. The Director of the Office of Administrative and Research Services shall investigate all employment situations described by this section and shall notify the Controller whenever a supervision differential shall be paid pursuant to this section. For purposes of this section a bona fide supervisory employee shall not include either the manager of any department, bureau, or office of the City or his chief assistant In those cases where the civil service class title of the chief assistant is not designative of his assignment the Director of the Office of Administrative and Research Services may consider working titles and tables of organization in determining whether an employee is a chief assistant Added by: Ord. No. 140,865, Eff Amended by: Ord. No. 142,238 adding second para., Eff ; Ord. No. 148,563, Eff , Eff ; Ord. No. 149,119, Eff ; Ord. No. 173,308, Eff , Oper Sec Annual Salary Survey Declaration of Policy on Salary Adjustments. Based on Ord. No. 89,100. Amended by: Ord. No. 95,983; Ord. No. 127,154; Ord. No. 139,167, Eff ; Ord. No. 140,199, Eff ; Ord. No. 140,559, Eff , Oper ; Ord. No. 142,305, Eff ; Ord. No. 144,638, Eff ; Ord. No. 145,774, Eff ; Ord. No. 146,276, Eff ; Ord. No. 146,277, Eff ; Ord. No. 147,002, Eff ; Ord. No. 151,200, Eff ; In entirety, Ord. No. 154,343, Eff , Oper ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Adoption of Prevailing Salary Ranges in Compensation Plan. Based on Ord. No. 89,100. Amended by: Ord. No. 117,872; Ord, No. 148,563, Eff , Oper ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Index to Classes of Salary Schedule A lists and names the classes and salary ranges applicable to the respective classes of positions in the City service compensated on a five-step compensation basis together with a class code and salary range number for each class of position. The Arabic numbers appearing in the column headings of Class Code and Salary Range Number indicate the designated class code and salary range number which is keyed to the base and prevailing salary ranges as set forth under Section 4.64 of this Code. The applicable salary range number for any class of position compensated on a five-step compensation basis is shown in Schedule A. Where the applicable rate or rates of compensation provided for a position or positions of any class are to be changed by an amending ordinance, an amendment to Schedule A, changing the class code and the salary range number, shall change such rate or rates of compensation.

50 Based on Ord. No. 89,100. Amended by: Ord. No. 117,872; Ord. No. 148,563, Eff , Oper Sec Rates of Compensation for Temporary Positions. Based on Ord. No. 89,100. Repealed by Ord. No. 173,791, Eff Sec Interpretation and Application of Compensation Plan. The salary range for the respective classes of positions are set out in Schedule A, with such amendments as may be adopted by the Council from time to time, shall have the force and effect and shall be interpreted and applied as follows: (a) The salaries or rates of compensation prescribed are fixed on the basis of full-time service in full-time positions. Where any position provided for in the department personnel ordinance is by appropriate language specified or in any way indicated as being for less than full-time service, the rate of compensation provided for such position shall be proportionately reduced in the computation of the rate of compensation payable for part-time service in accordance with the part-time specification for any such position; (b) The rates of pay prescribed shall be deemed to include pay in every form except pay for use of equipment supplied by the employee or reimbursement for necessary expenses authorized and incurred incident to the employment. When allowances are provided in addition to cash payments, such as full or part maintenance, consisting of one or more meals, lodging or living quarters, laundry, medical care or treatment, domestic or other personal services, or provisions, for the employee or the employee and his family, such compensation in kind shall be treated as part payment and shall be reported and deducted from the cash payable on the departmental payrolls, in the event of the value of the allowance as established in Section of this Code or as set out in the department personnel ordinance. (c) The Director of the Office of Administrative and Research Services is hereby directed to maintain an official record of the distinguishing duties and responsibilities of positions in cases where the Council has established two or more pay grades within a single class, and to periodically review the duties and responsibilities of such positions and report thereon to the City Council with recommendations, if any, for any changes in authority or compensation in order to assure that the existing ranges of compensation within such classes are commensurate with such duties and responsibilities. It is the responsibility of the appointing authority together with the Personnel Department and with the approval of the Director of the Office of Administrative and Research Services to establish administrative procedures consistent with merit principles for the assignment of persons to such salary grades. Based on Ord. No. 89,100. Amended by: Ord. No. 140,865 adding Subsec. (c), Eff ; Subsec. (a) and (c), Ord. No. 148,563, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Adjustment on Amendment to the Compensation Plan. (a) Subject to the provisions contained in this Code, the five-step salary ranges set out in this Code shall be applicable to all positions in the City service, except those positions wherein the rate of compensation is provided for on a basis other than the five-step salary range plan, and each employee in the City service shall be paid the salary or compensation for services rendered in behalf of the City in accordance with the salary range prescribed for class of position to which his position is allocated as set forth in Schedule C, which schedule names and allocates all positions authorized by the City Council under the standard class titles in the Classification Plan, as provided under Section 4.53 of this Code. (b) Whenever the salary range prescribed for any class of position is changed by the Council, the salary rates of incumbents in such class of position at the time of taking effect of the new salary range shall be adjusted to the corresponding step rate in said new salary range and such incumbents shall retain their respective anniversary dates; provided, however, that in the event any such incumbent who, immediately prior to the time of taking effect of such new salary range, was receiving compensation in his position at a rate higher than the maximum salary rate of the salary range prescribed for the class to which his position is allocated, said incumbent shall receive salary at the next higher rate in the applicable salary range and if there is no higher rate in said new range he shall be continued at his existing rate and his position shall be designated in the departmental personnel ordinance for the department in which he is employed by adding the letter Y to the Code number applicable to the class of position filled by such employee. Based on Ord. No. 89,100. Amended by: Ord. No. 117,872; Subsec. (a) and (b), Ord. No. 148,563, Eff , Oper ; Title and Section, Ord. No. 155,665, Eff Subsec. (C) Repealed by Ord. No. 173,791, Eff Sec Procedure for Adjusted Compensation Basis for Payment.

51 (a) The adjusted compensation which is fixed in the Notes of Schedule A may be authorized by either of the following procedures: (1) Specific provision therefor may be made in the department personnel ordinance of the department, office or bureau affected by showing a capital G, H, J, K, N, P, or U, as the case may be, immediately following the Code number of the position for which such adjusted compensation is to be authorized; or (2) The City Council may by order or resolution authorize adjusted compensation in any department, office or bureau by designating the position for which such adjusted compensation are authorized by Code, title, or normal salary range number, together with a capital G, H, J, K, N, P, or U, as the case may be, following such salary range designation; provided, that in no event shall such authorization extend beyond the end of the first fiscal year in which such authority is granted. Such order or resolution shall, before it becomes effective, be presented to the Mayor for his approval and for his signature if he approves it; if not, he shall endorse thereon the date of presentation to him, and shall return it to the Council with his objections in writing. The Council, at its first meeting after the return of such authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases require the votes of two-thirds of the whole Council to pass such authorization over the veto of the Mayor. If any such authorization shall be returned to the Council by the Mayor, with his objections in writing within ten (10) days after it shall have been presented to him, it shall become effective and be valid as if the Mayor had approved and signed it. (b) All adjusted compensation as authorized by Notes H, J, N, P, and U shall be paid upon a daily basis, that is, paid only for each day in which the employee spends over 50 percent (50%) of the time performing the duties prescribed by the notes. It shall be the responsibility of the Administrative head of each department to certify on the payroll that the employee actually qualified for the premium rate on such daily basis, and the number of days in each payroll period that the employee so qualified. Based on Ord. No. 89,100. Amended by: Ord. No. 128,854; Ord. No. 148,563, Eff , Oper ; Subpart (1) & (2) of Subsec. (a), Ord. No. 149,505, Eff ; Subsec (b), Ord. No. 149,505, Eff ; In entirety by Ord. No. 154,608, Eff , Oper Sec Salary Adjustments for Incumbents of Certain Classes. Based on Ord. No. 89,100. Amended by: Ord. No. 109,435. Repealed by Ord. No. 173,791, Eff Sec Exclusions From Adjusted Compensation. The adjusted compensation provided by Notes H, K and N shall be subject to the limitations herein specified: it being the intent of this section that certain classes should be excluded from the application of said notes for the reason that the provisions of said notes are inherent in the duties of said excluded classes: (a) At no time shall the adjusted compensation provided by Note H be applicable in a position in any of the following classes: (1) Bricklayer, Code 3324, except in cases where an employee in the class is performing duties more than fifty percent (50%) of his time in any one day in a deep sewer over eight (8) feet in depth involving timbering, shoring, tunneling, pipe laying and concreting. (2) Painter, Code 3423, and Painter Working Foreman, Code 3424, except in cases where an employee in any one of said classes performs duties more than fifty percent (50%) of his time in any one (1) day working on a scaffold or other device that is suspended by ropes or cables, or operating compressed air spraying apparatus to spray paint. (3) Carpenter, Code 3344, except in cases where an employee in the class is performing duties more than fifty percent (50%) of his time in any one (1) day in a deep sewer over eight (8) feet in depth involving timbering, shoring, tunneling, pipe laying and concreting, or working from a scaffold or other device that is suspended by ropes or cables. (4) Electrical Repairman, Code 3853, Electrician, Code 3863, and Electrician Working Foreman, Code 3864, except in cases where an employee in any one of said classes performs duties more than fifty percent (50%) of his time in any one (1) day working from a scaffold or other device that is suspended by ropes or cables at a height greater than sixty (60) feet from the ground. CLASSES NOT SUBJECT TO NOTE H Title Code (5) Plasterer 3453

52 (6) Auto Painter 3721 (7) Alarm, Signal and Telephone Electrician 3678 (8) Communications Lineman 3681 (9) Communications Electrician 3685 (10) Telephone Cableman 3803 (11) Assistant Street Lighting Electrician 3809 (12) Traffic Signal Electrician 3819 (13) Elevator Mechanic 3866 (14) Safety Engineer Pressure Vessels 4261 (15) Safety Engineer Elevators 4263 (b) At no time shall the adjusted compensation provided by Note K be applicable to a position in any of the following classes: CLASSES NOT SUBJECT TO NOTE K Title Code (1) Veterinarian 2365 (2) Building Maintenance Foreman 3338 (3) Assistant Mechanical Superintendent Sewage Treatment 3782 (4) Mechanical Superintendent Sewage Treatment 3783 (5) Refuse Collection Foreman 4101 (6) Refuse Collection Superintendent 4104 (7) Sewer Maintenance Working Foreman 4111 (8) Sewer Maintenance Foreman 4113 (9) Sewer Maintenance General Foreman 4114 (10) Sewage Plant Operator 4121 (11) Intermediate Sewage Plant Operator 4122 (12) Senior Sewage Plant Operator 4124 (13) Chief Sewage Treatment Plant Operator 4125 (14) Assistant Sewer Maintenance Superintendent 4131 (15) Sewer Maintenance Superintendent 4133 (16) Industrial Waste Inspector 4292 (17) Senior Industrial Waste Inspector 4293 (18) Kennelman 4310 (19) Animal Control Officer 4311

53 (20) Assistant Director Bureau of Sanitation 7225 (21) Shift Superintendent Sewage Treatment 7242 (22) Director Bureau of Sanitation 7336 (23) Chemist 7833 (24) Chief Chemist 7835 (25) Laboratory Director Sewage Treatment 7838 (26) Laboratory Assistant 7851 (27) Water Biologist 7853 (28) X-Ray and Laboratory Technologist 2358 (29) Zoo Veterinarian 2367 (30) Veterinary Assistant 2369 (31) Zoo Curator 4297 (32) Animal Keeper 4304 (33) Senior Animal Keeper 4305 (34) Principal Animal Keeper 4312 (c) At no time shall the adjusted compensation provided by Note N be applicable to a position in a class represented by a bargaining unit whose Memorandum of Understanding does not specifically provide for a shift differential. Based on Ord. No. 89,100. Amended by: Ord. No. 101,142; Subsec (a), Ord. No. 140,204, Eff ; First para., Subsec. (c) added, Ord. No. 142,190, Eff ; Ord. No. 143,600, Eff , Oper ; Subdiv. 4, Subsec. (a), Ord. No. 145,850, Eff ; Subsec (a), (5) and (6) added, Ord. No. 146,920, Eff ; Subsec. (b), (28)-(34) added, Ord. No. 150,272, Eff , Oper ; Subsec. (c), Ord. No. 182,206, Eff Sec Adjusted or Additional Compensation. Notwithstanding any other provision of this Code, or any department personnel ordinance, or other ordinance, the provisions of this section shall control payment of adjusted or additional compensation, sometimes referred to as premium pay, during vacation time and holidays and shall control the basis for computation of sick leave pay and compensation for overtime. (a) Any employee who is regularly assigned to hours of work or duties required to qualify such employee to receive adjusted compensation pursuant to Notes H, J, K, N, P, or U of Schedule A, and Section 4.72 of this Code, or pursuant to a specific provision contained in any department personnel ordinance which authorizes additional or premium pay under specified working conditions or hours, shall be entitled to receive such adjusted compensation during his absence from work while on vacation, a holiday, sick leave or other authorized absence with pay including any time off for overtime. (b) For the purpose of computing cash compensation for overtime, an employee s regular salary shall include any adjusted or additional compensation pursuant to said notes of Schedule A or pursuant to any specific provisions in a department personnel ordinance which authorizes additional or adjusted compensation, provided, however, that the hours of work or duties required qualifies such employees to receive adjusted or additional compensation during the overtime worked. (c) As used in this section the term regularly assigned shall mean those employees who are certified to the Controller by the administrative head of such department as being qualified and assigned to perform the particular duties described in the appropriate note to Schedule A. Such certification to be made at the time of such assignment and to remain in effect until changed by said Administrative head. Based on Ord. No. 89,100. Amended by: Ord. No. 127,975; Subsec. (a), Ord. No. 149,072, Eff ; Subsec. (a), Ord. No. 154,608, Eff , Oper

54 Sec Salary Adjustments for Incumbents of Certain Intermediate Classes. Based on Ord. No. 89,100. Amended by: Subsec. (a), Ord. No. 127,154; Subsec. (a), & (c), Ord. No. 148,563, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Salary For Systems Aide Class. Added by Ord. No. 170,864, Eff , Oper Repealed by Ord. No. 176,297, Eff Sec Salary of Retired Persons Employed by City Under Charter, Section Added by: Ord. No. 138,701, Eff Amended by: Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,308, Eff , Oper Sec Equipment Mechanic Apprenticeship Program. (a) Selection of Eligible Employees. Employees in the classes of Garage Attendant, Code 3534; Construction Equipment Serviceman, Code 3541, and Mechanical Helper, Code 3771, whose eligibility has been determined in accordance with procedures established under the provisions of Division 4, Chapter 7, Article 6 of this Code, may be designated by their appointing authority to participate in a state approved Equipment Mechanic Apprenticeship Program. (b) Equipment Mechanic Apprentice Salaries. Employees so designated shall receive the salaries hereinafter set forth. The salary rates are to be as fixed in this article. Employees shall receive said salaries while assigned to the Equipment Mechanic Apprenticeship Program in lieu of the regular salaries fixed in Schedule A of Section 4.61 for their respective classes. If an employee prior to being assigned to the Equipment Mechanic Apprenticeship Program is receiving salary, exclusive of any premium or adjusted compensation, greater than the rate herein prescribed the existing rate shall be continued. Said salaries shall be in the percentage of the rate ap proved by the City Council for the class Equipment Mechanic, Code as follows: First Year: 85% Second Year: 90% Third Year: 95% (c) Additional Adjusted Compensation. Employees assigned to the Equipment Mechanic Apprenticeship Program shall receive, in addition to the above salary, adjusted compensation as provided in Notes K and N in cases where employees are performing the duties and working the hours prescribed in said notes; and those employees shall receive a salary adjustment of 8.25% while performing the duties described in Section 4.61 ALTERNATIVE PAY GRADE 6. (d) Advancement in Salaries. Employees assigned to the Equipment Mechanic Apprenticeship Program shall normally enter the formal stage of such program at the first year salary rate and progress to the second year s salary rate after the completion of one year from date of entry into the program and advance to the third salary rate after the completion of two years from such date of entry. The Apprenticeship Committee established under the provisions of Division 4, Chapter 7, Article 6 of this Code to administer the program may recommend to the appointing authority in writing for entry of an employee into the program at higher than the first year rate and may recommend an employee to advance to the next rate prior to the completion of one year. Recommendations shall be based on the individual employee s experience and his progress under the program. All recommendations hereinabove referred to shall be approved by the Apprenticeship Committee and forwarded to the Director of the Office of Administrative and Research Services, who shall certify to the Controller those instances where an employee may enter the program above the first year rate or advance to the next higher rate prior to the completion of one year. Authorization for the third year rate will expire no later than six months after the completion of the employee s third year in the program. Added by: Ord No. 141,722, Eff Amended by: Subsec. (b), Ord No , Eff ; Subsec. (b), Ord No. 143,600, Eff , Oper ; Subsec. (b), Ord No. 144,850, Eff , Oper ; Subsec. (b), Ord No. 146,255, Eff ; Subsec. (b), Ord No. 147,728, Eff , Oper ; Subsec. (b), Ord. No. 148,563, Eff , Oper ; Subsec. (c), Ord. No.

55 149,324, Eff , Oper ; Ord. No. 150,272, Eff , Oper ; Subsecs. (b) and (c), Ord. No. 152,230, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Premium Pay for Persons Possessing Bilingual Skills. (a) Whenever the administrative head of any department, bureau or office determines that it is necessary or desirable that a position be filled by a person able to converse fluently in a language other than English, or speak, write and interpret a language other than English, he or she shall transmit to the Controller a written statement approving payment of a bilingual premium, as provided by this section, to the person occupying such a position and possessing such bilingual skills. (b) After authorizing payment of a bilingual premium, the administrative head of the department shall certify to the Controller the name of any person eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the employee has qualified under its standards of fluency and proficiency for said language. (c) Persons in classifications compensated by a five-step salary plan who are employed in such positions and certified as being qualified by the Personnel Department shall receive a bilingual premium of (1) one salary schedule, or (2) one premium level rate for duties requiring that they converse fluently in a language other than English, or of (1) two salary schedules, or (2) two premium level rates for duties requiring that they interpret another language other than English, in addition to conversing fluently in that language. Persons in classifications not compensated by a five-step salary plan who are employed in such positions and certified as being qualified by the Personnel Department shall receive a bilingual premium of 2 3/4 percent of their salary or wages for duties requiring that they converse fluently in a language other than English, or of 5 1/2 percent of their salary or wages for duties requiring that they interpret and write a language other than English, in addition to conversing fluently in that language. (d) Persons employed in non-represented classifications who have been approved for bilingual premium pay in accordance with subsections (a) and (b) above, shall receive a non-pension based bilingual bonus of $25 per pay period for either writing (including reading and interpreting) or conversing fluently in a language other than English, or $50 per pay period for writing (including reading and interpreting) in addition to conversing fluently in a language other than English. Eligible non-represented employees shall receive no more than one bilingual bonus per pay period. Added by: Ord. No. 144,850, Eff Amended by: Subsec. (c), Ord. No. 145,929, Eff , Oper ; Subsec. (c), Ord. No. 148,563, Eff , Oper ; In Entirety, Ord. No. 154,910, Eff ; Subsec. (c), Ord. No. 155,160, Eff ; Subsecs. (a), (b), (c), Ord. No. 158,612, Eff ; Subsec. (d) Deleted, Ord. No. 170,864, Eff , Oper ; Subsec. (d) Added, Ord. No. 181,137, Eff Sec Premium Pay for Persons Possessing Sign Language Skills. (a) Whenever a City department desires to have an employee certified as proficient in American Sign Language (ASL) as necessary to provide City services to the deaf community, the administrative head of that department shall transmit a written request to the Personnel Department to certify the employee as qualified to communicate fluently in ASL. The Personnel Department shall certify to the Controller, and to the appointing authority, that the employee has been certified and is eligible for sign language bonus pay as provided in subsections (b) and (c) below. (b) Unless provided otherwise in a Memorandum of Understanding, certified employees who are required to utilize sign language skills in the performance of their job duties shall be compensated at the rate of $5.00 per day for each business day they are required to utilize their skills, not to exceed $50 biweekly. (c) Prior to an eligible employee receiving sign language bonus pay for each business day on which his/her sign language skills were utilized, the employee's appointing authority or designated representative shall certify to the Controller that the eligible employee utilized sign language communication skills in performance of his/her duties as requested by the City on each such business day. Added by Ord. No. 149,325, Eff Amended by: Subsec. (d), Ord. No. 159,572, Eff ; Ord. No. 173,308, Eff , Oper ; In Entirety, Ord. No. 181,786, Eff ARTICLE 4 SERVICE RATINGS Sec Service Rating Standards and Systems.

56 Based on Ord. No. 89,100. Repealed by Ord. No. 181,787, Eff Sec Organization for Service Ratings. Based on Ord. No. 89,100. Repealed by Ord. No. 181,787, Eff Sec Department Personnel Committees. Based on Ord. No. 89,100. Amended by: Ord. No. 89,934; In Entirety, Ord. No. 158,480, Eff Repealed by Ord. No. 181,787, Eff ARTICLE 5 APPLICABLE SALARY RATES UPON CHANGE OF STATUS Section 4.90 Salary Step Placement on Initial Appointment to City Service Salary Step Placement on Assignment to a Different Position in City Service Applicable Salary Rates upon Return to a Class Following a Charter Section 1014 Transfer Salary Step Advancement Return from Layoff or Separation from City Service Salary Adjustment Following a Concurrent Change of Position and Salary Range Effective Dates of Change of Status. Sec Salary Step Placement on Initial Appointment to City Service. (a) Initial appointment to any position in City service shall be at the lowest step in the salary range for the position. (b) Notwithstanding Subsection (a) above, the chief administrative officer of each department or office or, in the Department of Public Works, the chief administrative officer of each bureau, may authorize the appointment of a person to a step above the lowest step in the salary range where the chief administrative officer finds that: (1) The department, office or bureau is unable to recruit sufficient persons who have the needed experience, abilities or training for the position, or who are willing to work nonstandard hours or who are willing to work in certain locations, or (2) The person to be appointed has experience and skills that exceed those of other candidates available for the position and such experience and skills are required, and (3) The advanced step hiring is applied to a limited number of difficult-to-fill positions in the department, office or bureau. (c) Persons who are employees of other jurisdictions or entities whose functions are consolidated into the City and who enter City service by action of the Board of Civil Service Commissioners pursuant to the provisions of Charter Section 1021 shall be credited with their length of service in the position held at the time of the consolidation for purposes of salary step placement and salary step advancement. Based on Ord. No. 89,100. Amended by: Ord. No. 94,904; Subsecs. (a), (b), (c), Ord. No. 142,103, Eff ; Subsecs. (a), b), (c), (d), (e)(1), (2), Ord. No. 143,593, Eff ; Subsec. (e)(1) Ord. No. 144,308, Eff ; Subdiv. (2) of Subsec. (e), Ord. No. 148,563, Eff , Oper ; Title and Section, *Ord. No. 155,181, Eff ; Subsec. (b), Ord. No. 172,760, Eff , Oper ; Ord. No. 173,308, Eff , Oper * The provisions of this ordinance shall be effective upon its publication except that each Appointing Authority is hereby authorized to adjust the step placement of any employee who was appointed, transferred, promoted or demoted on or after June 1, 1979 in accordance with the revised Sections 4.90, 4.91, 4.92, 4.93, 4.901, 4.902, or where such employee would receive a higher salary step placement than that which was provided by the former code sections.

57 Sec Salary Step Placement on Assignment to a Different Position in City Service. (a) Whenever an employee is assigned or appointed from a position to another position, the following step placement procedures shall apply: (1) If the top step rate of the salary range for the new position is higher than the top step rate of the salary range for the former position, the employee shall be placed on the lowest step within the salary range for the new position which provides at least a five (5) percent increase over the rate received in the former position. Any regularly assigned bonus or premium compensation amounts shall be included in calculating the step rate for the former position and added to the new salary after determining the appropriate salary step rate for the new position. a. Effective July 1, 2005, employees in the classification of Deputy City Attorney II who are advanced to the classification of Deputy City Attorney III, in accordance with Article 9B.1 or Article 9B.2 of Memorandum of Understanding Nos. 29 and 31, shall be placed on the first step of Deputy City Attorney III that results in an increase in salary over their current step of Deputy City Attorney II, even if it is less than a five (5) percent increase. (2) If the top step rate of the salary range for the new position is the same as the top step rate of the salary range for the former position, the employee shall retain the same salary step from his former position. (3) If the top step rate of the salary range for the new position is lower than the top step rate of the salary range for the former position, the employee shall receive the lower of: a. The top step rate of the salary range for the new position, or b. The step rate in the salary range for the new position which is the same as the employee s step rate in the prior class; if no step rate in the range is the same, the next higher level rate in the new salary range shall apply until the employee s next anniversary date. c. Any regularly assigned bonus or premium amounts shall be included in calculating the step rate for the former position and added to the new salary after determining the appropriate step rate for the new position. (4) In no case shall an employee be placed lower than the lowest step rate or higher than the top step rate of the salary range for the new position. (5) When an employee returns to a higher level position, the employee may be restored to the former step and step anniversary date. (b) Salary Rate Comparisons. (1) All salary rate comparisons shall be made in the hourly or biweekly amounts for the step rates in the salary range. (2) Flat rate salary amounts shall be considered to be the top step of the salary range for the position. (3) In determining the step placement for an employee assigned or appointed from a position in the Department of Water and Power to a position in any other City department, salary rate comparisons shall be made using the actual salary of the Department of Water and Power employee in accordance with applicable provisions of this section. The availability of higher pay levels for the employee s classification shall not be considered in the salary step determination. The Controller may request the assistance of the Director of the Office of Administrative and Research Services in making such comparisons and determinations. (c) Concurrent Step Advancement and Position Change. Employees who would be entitled to receive a step advancement on the same date as they are appointed or assigned to a new position on a different salary range shall be deemed to have received the step advancement prior to the appointment or assignment to the new position. (d) Bonus Premium Compensation Assignment. Assignment to or from a position with a regularly assigned bonus or premium rate within the same class and pay grade does not change the employee s step placement or step advancement anniversary date. (e) Change in Classification by the Civil Service Commission. Whenever a position is reclassified and an employee is found legally employed or if an employee is found to be not legally employed by action of the Board of Civil Service Commissioners, such employee shall retain the salary step and anniversary date of the former classification. (f) Retroactive Salary Adjustments. Step adjustments will be recomputed, if necessary, pursuant to the provisions for any retroactive salary ordinance (for non-represented employees) or Council-approved MOU (for represented employees). Based on Ord. No. 89,100. Amended by: Ord. No , Ord. No. 142,103, Eff , Oper ; Ord. No. 143,593, Eff ; Ord. No. 148,563, Eff , Oper ; Title and Section, Ord. No. 155,181, Eff ; Subsec. (a)(1) and (d), adds (a)(5) Ord. No. 157,221, Eff ; Subdiv. (a)(1), (a)(4), (a)(5), Subsec. (e), amended; Subdiv (3)(c) Subsec. (f), added, Ord. No. 159,659, Eff ; Ord. No. 173,308, Eff , Oper ; Subsec. (a)(1)a. added, Ord. No. 176,576, Eff ; Subsec. (f), Ord. No. 177,103, Eff

58 Sec Applicable Salary Rates Upon Return to A Class Following a Charter Section 1014 Transfer. Whenever an employee is placed on leave from his position to accept a transfer pursuant to Charter Section 1014, he shall upon return from the leave be placed at the step in the current salary schedule or range for the position that he held prior to the leave or retain his present salary rate, whichever is higher, provided that his salary rate upon return shall not exceed the rate for the fifth step in the schedule or range for the position he held prior to the leave. He shall retain the anniversary date for the position held by him prior to the return from leave. Added by Ord. No. 144,154, Eff Amended by: Ord. No. 148,563, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Salary Step Advancement. (a) The first salary step advancement for an employee who has been initially appointed to City service or who has been appointed or assigned to a position on a higher salary range shall take place one year from the date of the appointment or assignment at the beginning of the payroll period following completion of 2080 regular paid hours, unless provided otherwise in a Memorandum of Understanding. This date shall become the employee's step advancement date, except under the circumstances set forth in Subsection (c). (b) Each subsequent step advancement shall occur after one additional year of service at the beginning of the payroll period following the completion of 2080 additional regular paid hours, except under the circumstances set forth in Subsection (c), until the top step has been reached. (c) Uncompensated absences of 128 hours or less during the 1040 hour qualifying period and during each subsequent 2080 hour annual period shall not extend the step advancement date. The step advancement date shall be extended one hour for each hour of aggregated uncompensated absence in excess of 128 hours. Employees who are injured on duty and are compensated in accordance with Division IV of the Labor Code of the State of California and Article 7 of Division 4 of this Code shall not have their step advancement date changed due to their workers' compensation status. (d) Consecutive appointments to positions with the same top step salary rate in the 12 months following the appointment or assignment shall be treated as one appointment or assignment for step advancement purposes, unless provided otherwise in a Memorandum of Understanding. (e) position. (f) An employee who is appointed to a new position on the same or lower salary range shall retain the step advancement date established for the former Provisions applicable to part-time and intermittent employees: (1) The initial salary step advancement for a part-time employee (half-time or more but less than full-time) in a position compensated on salary range shall be in the payroll period following the completion of 1040 hours and 12 months of service, unless provided otherwise in a Memorandum of Understanding. Each subsequent step advancement shall be in the payroll period following the completion of 1040 additional hours and one additional year of service. Hours of service in excess of those required for step advancement in a time period shall be carried forward for credit in the next time period. (2) Intermittent employees or part-time employees exempted from Civil Service provisions by Charter Section 1001 shall be paid a rate corresponding to the entering step in the salary range for the classification in which the employee is employed. Full-time or half-time employees changing to intermittent status in the same Civil Service class shall continue to be paid at the same rate as which they were last paid while a full/half-time employee. Employees who, on the effective date of this Section, are being compensated on a step in a salary range higher than that prescribed by this Section shall receive salary at their existing rate until that rate meets or exceeds the rate prescribed by this Section. Based on Ord. No. 89,100. Amended by: Ord. No. 90,286; Ord. No. 148,563, Eff , Oper ; Title and Section, Ord. No. 155,181, Eff ; Subdiv. (a)(3), Subsec. (c), Subsec. (d), amended; Subsec. (b) added, Ord. No. 159,659, Eff ; In Entirety, Ord. No. 172,175*, Eff ; Ord. No. 173,308, Eff , Oper ; In Entirety, Ord. No. 181,784, Eff * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Sec Return from Layoff or Separation from City Service. (a) When an employee returns to a position in a classification in accordance with Charter Section 1015, the employee shall be placed on the same step in the salary range for the position that was occupied prior to the layoff; and the anniversary date for such employee shall be the date of completion of an aggregate of one year service at the salary step. If any other section of this Code provides a higher salary rate than is provided by this section, that other section of the Code shall govern the employee s step placement. (b) When a former City employee is reinstated after a separation from City service to serve on active duty in the Armed Forces of the United States, the employee shall be placed on the step in the salary range for the new position as though no separation from City service had occurred and the employee shall retain

59 his/her former anniversary date. (c) If any employee returns to City service within three years of the date of separation from City service, the appointing authority may authorize placement of the employee on the step in the salary range for the position in accordance with this section as though the employee had not been separated from City service, but no step advancement credit will be given for the time of the separation. In such cases, the employee s step advancement anniversary date shall be date of completion of the aggregate number of months required for step advancement at the time of separation from City service. Based on Ord. No. 89,100. Amended by: Ord. No. 102,505; Ord. No. 139,493, Eff ; Ord. No. 143,110, Eff ; Ord. No. 148,563, Eff , Oper ; Title and Section, Ord. No. 155,181, Eff ; Ord. No. 173,308, Eff , Oper Sec Salary Adjustment Following a Concurrent Change of Position and Salary Range. Whenever an employee is promoted, demoted, transferred, or displaced from one position to another, and such change of position is effective on the same day as the effective day of any change in the salary range of the position the employee is leaving, the change of position shall, for the sole purpose of determining the rate of salary to be thereafter paid to such employee in his new position, be deemed to have occurred on the day before the effective date of the salary range change. Based on Ord. No. 89,100. Amended by: Ord. No. 116,844; Ord. No. 148,563, Eff , Oper Sec Cumulation of Service in One Class of Positions. Based on Ord. No. 89,100. Repealed by Ord. No. 173,791, Eff Sec Effective Dates of Change of Status. Any change of status which results in the transfer of an employee from one department, office or bureau to another department, office or bureau for which a separate payroll is prepared, shall occur and be effective only upon the date of the first day of the ensuing pay period. Added by: Ord. No. 141,335, Eff ARTICLE 6 MAINTENANCE ALLOWANCE Sec Maintenance Provisions and Incidental Allowances. Based on Ord. No. 89,100. Amended by: Ord. No. 116,844; Ord. No. 148,563, Eff , Oper Repealed by Ord. No. 173,791, Eff ARTICLE 7 COMPENSATION TO EMPLOYEES INJURED IN COURSE OF EMPLOYMENT Section Workers Compensation for Illness or Injury Sustained in Course of Employment.

60 Sec Workers Compensation for Illness or Injury Sustained in Course of Employment. (a) Any employee in the City service who sustains illness or injury proximately caused by, arising out of and in the course of his/her employment shall receive, from the date the employee is certified off duty for temporary total disability as a result of such illness or injury by either a physician or surgeon duly authorized under Subsection (d) of this section to administer treatment therefor or by the General Manager of the Personnel Department, an amount equal to (1) the employee s regular biweekly, take-home pay at the time of incurring the disability condition (operative July 1, 1994 for non-represented employees and operative as specified by Council-approved ordinance implementing each MOU for those represented employees who have negotiated the take-home pay formula) or (2) 90 percent of his/her regular salary at the salary rate at the time of incurring the disability condition (operative July 1, 1994 for those represented employees who have not negotiated the take-home pay formula), as workers compensation in satisfaction of the obligation of the City of Los Angeles under Division IV of the Labor Code of the State of California and not as salary or wages for services rendered. For purposes of subsection (a)(1), take-home pay shall be defined as an employee s biweekly gross salary rate less the mandatory deductions for Federal and State income tax withholding and employee retirement contributions. The employee will be able to make adjustments in his/her voluntary deductions while on temporary disability leave but will not be able to change the amount normally deducted for State and Federal income taxes, unless the employee has changed those deductions to those which he/she is legally entitled to take within ten (10) days of the commencement of any disability leave, or within ten (10) days of any change in dependents. Any employee of the City who sustains an illness or injury caused by, arising out of, and in the course and scope of his/her employment and who is certified by the General Manager of the Personnel Department in reliance on competent medical information, to be temporarily partially disabled may, with the approval of his/her appointing authority, work half-time, as that term is defined in Section 4.110(a). Employees, while working half-time, shall receive compensation for the hours worked at their regular rate of pay and shall receive compensation for the remaining hours of a regular work week as Workers Compensation in satisfaction of the City s obligation under Division IV of the California Labor Code, as provided by this section. The payment of such amount shall continue until said physician or surgeon or General Manager of the Personnel Department certifies that such employee is no longer temporarily disabled or that he/she is able to return to work full time; provided, however, that in no event shall any employee receive payment at the rate specified in this subsection for a longer period than one year in the aggregate for any one illness or injury. (b) The Controller is authorized to deduct from the above mentioned workers compensation payments the following: 1. All deductions pursuant to the written authorization of the employee unless and until such authorization shall be canceled in writing by the employee. 2. An amount which would normally be withheld from the employee s regular salary as provided by Section 1162 of the Charter as his/her contribution to the Retirement Fund. It is intended that this deduction be made in order that service credit for retirement purposes under Charter Sections 1150 et seq. may continue to accrue to any member of the City Employees Retirement System during the period in which payments are made to such member under this section. 3. An amount which would normally be withheld from the employee s regular salary as provided by Section (a) of the Los Angeles Administrative Code as the employee s contribution to the Pension Savings Plan for Part-time, Seasonal and Temporary Employees. The total amount of such deductions shall not exceed the difference between the amount payable to such employee under this section and the benefits to which he/she would be entitled under Division IV of the Labor Code. In case not all deductions can be made because of the provisions of this subsection, the Controller shall notify the employee in writing immediately to prevent possible loss of individual benefits. (c) All money paid under this section shall be paid from the applicable salary account of the appropriate departmental fund; except that any payment, pursuant to Subsection (f) of this section, to a member of the City Employees Retirement System after such member is retired shall be made from the Workmen s Compensation Claims Account of the Personnel Department. (d) It shall be the exclusive duty of the General Manager of the Personnel Department to secure all necessary medical and hospital care for employees coming within Subsection (a) of this section and decide upon the medical and factual record contained in the Personnel Department s file, the following: 1. All medical issues and factual conflicts pertaining thereto; 2. All questions relating to the employees rights to the benefits provided in this section. (e) If at any time an employee, or a dependent wife, child, or parent of an employee, or any other person shall be granted or shall make claim for any benefit, compensation or award under Division IV of the Labor Code of the State of California or any general law providing for compensation or indemnity for illness or injury or death arising out of employment, then and in that event all payments made pursuant to the provisions of Subdivision (a) of this section shall be construed to be and shall be payments of such benefit, compensation or award, and all payments made under the provisions of this section shall be applied first to the payment of such benefit, compensation or award and only the balance remaining, if any, shall be applied as payment under this section. (f) Any member of the City Employees Retirement System who is retired from City service under the provisions of Charter Sections 1150 et seq. during the period in which he/she is entitled to payments under the provisions of this section, shall, from and after the effective date of such retirement, be compensated under this section to the extent of the difference between the retirement benefits and (1) his/her take-home pay as defined in subsection (a) (for non-represented employees and those represented employees who have negotiated the take-home pay formula) or (2) 90% of his/her regular salary (for those represented employees who have not negotiated the take-home pay formula); provided that in no event shall the payments under this section be less than the benefits to which he/she would

61 be entitled under Division IV of the Labor Code. (g) Any employee who on and after the effective date of this amending ordinance, is entitled to receive compensation for temporary disability under Subdivision (a) of this section for an injury which occurred prior to the effective date of this amending ordinance shall, from and after said effective date, be compensated at the rate provided for in this section the same as if this section, as amended, had been in effect when his injury occurred. (h) It shall be the duty of the General Manager of the Personnel Department to investigate the safety and personnel management aspects of working conditions resulting in illness and injury arising in the course of employment; to confer with and to make recommendations to the administrative head of any department, office or bureau concerned relative to any corrective action he deems necessary or advisable. Said General Manager of the Personnel Department shall transmit a periodic report of the Manager s investigations and recommendations for further action on personnel and safety matters to the Personnel Committee of the Council. Each office, board, department and employee of the City shall render all possible assistance to said General Manager, who may utilize the services of operating department personnel in carrying out the Manager s investigation under the provisions of this section. Based on Ord. No. 89,100. Amended by: Ord. No. 130,264; Subsec. (a), Ord. No. 148,563, Eff , Oper ; Ord. No. 150,582, Eff , Oper ; Subsec. (h), Ord. No. 164,741, Eff , Oper Subsec. (a), Ord. No. 167,709, Eff ; Sec. Title and Subsecs. (a) and (g), Ord. No. 167,709, Eff ; Subsecs. (a) and (b), Ord. No. 170,101, Eff , Oper ;Para. 1 of Subsecs. (a) and (f) amended, Ord. No. 170,864, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Workers Compensation Benefits for Illness or Injury Sustained in Course of Employment Paramedic. Added by: Ord. No. 163,814, Eff Amended by: Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff ARTICLE 7.1 REIMBURSEMENT FOR LOST OR DAMAGED PROPERTY OF CITY EMPLOYEES Section Employee Reimbursement for Lost or Damaged Property Reimbursement for Tools City Employee Defined Property Defined Reimbursement When Denied Reimbursement How Calculated Application for Reimbursement Endorsement of Application for Reimbursement Denial of Application for Reimbursement Approval of Application for Reimbursement Reimbursement Terms Title Transfer Reimbursement Terms - Rights Transfer Reimbursement - Rules and Regulations Applications under Oath or Affirmation Validity of this Article. Sec Employee Reimbursement for Lost or Damaged Property. If property or prostheses of a city employee, normally carried or worn by him in the course of his duties, including eyeglasses, hearing aids, dentures, watches and articles of clothing, are lost, stolen, damaged or destroyed in the performance of his duties, other than by normal deterioration through passage of time, the city will reimburse such employee for the loss incurred subject to the conditions and limitations set forth in this article. Added by: Ord. No. 140,180, Eff Amended by: Ord. No. 160,620, Eff Sec Reimbursement for Tools.

62 If tools of a city employee, required by the nature of his employment to be furnished at the employee s own expense, are damaged or destroyed by fire or are stolen or disappear mysteriously while such employee is engaged in the performance of his duties either on or off city premises, or while such tools, though not in use in the performance of the employee s duties, are on city premises with the consent of the employee s supervisor, the city will reimburse such employee for the loss incurred, subject to the conditions and limitations provided in this article. Added by: Ord. No. 140,180, Eff Sec City Employee Defined. The term city employee, as used in this article, means any person who holds a city office or position, whether compensated or not. Moreover, the provisions of this article shall not apply to employees of the Department of Water and Power, Department of Airports and the Harbor Department. Added by: Ord. No. 140,180, Eff Sec Property Defined. The term property as used in this article does not include tools. Added by: Ord. No. 140,180, Eff Sec Reimbursement When Denied. No reimbursement shall be given: (a) For losses incurred prior to the effective date of this article, or any amendment hereto, except where a claim for such loss was timely filed prior to such date. (b) (c) For property or prosthesis damaged or destroyed due to the fault of the employee. For tools lost due to the fault of the employee. (d) For damage, destruction or loss of jewelry (other than watches as provided in Section ). (e) For damage or destruction of vehicles, except where the Council determines that reimbursement, in whole or in part, is appropriate under all the circumstances. (f) (g) None. To the extent to which the employee may be entitled to reimbursement from any other source. (h) If the employee does not file the proper application for reimbursement within the proper time and in all other respects comply with the conditions of this article. (i) If the employee s claim is denied pursuant to the provisions of this article. Added by Ord. No. 140,180, Eff Amended by: Ord. No. 152,551, Eff ; Subsec. (b), repealed, Subsecs. (c) - (f) re-lettered (b) - (e), Ord. No. 160,620, Eff Sec Reimbursement How Calculated. If a city employee is entitled to reimbursement under this article, the amount of reimbursement shall be calculated by subtracting the sum of five dollars and any other amount he may be entitled to receive as reimbursement from other sources, if any, from the lesser of the following:

63 (a) The cost of repair of the property, prostheses, or tools. (b) (c) The cost of replacement of the property, prostheses or tools. The market value of the property or tools, other than prostheses, hearing aids, or glasses, immediately prior to loss or damage. Added by: Ord. No. 140,180, Eff Sec Application for Reimbursement. A city employee requesting reimbursement under the provisions of this article shall file his verified application for reimbursement with the head of his department unless he is a department head himself or a city officer, in which case he shall file such verified application with the Director of the Office of Administration and Research Services. The city employee shall file such application within five working days after he becomes aware or should have become aware of the damage, destruction or loss of the property, prostheses or tool, unless prevented by disability, act of God, or other good reason, and the person or persons responsible for approving the application so find. If the application is filed more than five working days after the damage, destruction or loss of the property, prostheses or tool, because the applicant was not aware of such damage, destruction or loss he shall state in the application the facts explaining why he was not so aware. Whenever an application is filed under this article, the damaged property, prostheses or tool shall accompany the application for reimbursement, if possible. If not possible the application shall so state, and why. The department head or his authorized representative or, in the case of department heads or city officers, the Director of the Office of Administration and Research Services shall either retain the damaged property, prostheses or tool until the application is finally determined or return it to the applicant, in which case the applicant shall retain the damaged property, prostheses or tool until the application is finally determined. Added by Ord. No. 140,180, Eff Amended by: Ord. No. 173,308, Eff , Oper Sec Endorsement of Application for Reimbursement. The department head or, where applicable, the Director of the Office of Administration and Research Services, shall indicate his approval or disapproval of the application by placing thereon his endorsement, in an appropriate manner and shall forward the application to the Purchasing Agent. If the department head or the Director of the Office of Administration and Research Services finds that the employee is not entitled to any reimbursement, he shall so notify the employee in writing and such denial shall be final and not subject to review. Added by Ord. No. 140,180, Eff Amended by: Ord. No. 173,308, Eff , Oper Sec Denial of Application for Reimbursement. If the application for reimbursement is approved by the department head, or the Director of the Office of Administration and Research Services, it shall be forwarded to the Purchasing Agent, who shall determine the cost of repair, cost of replacement, or market value of the item, as the case may be, and state such cost value on the application. If he finds that such cost for repair, cost of replacement or market value (whichever is applicable) does not exceed the sum of five dollars, plus the amount of reimbursement which the applicant shall be entitled to receive from other sources, if any, he shall deny the application and so notify the applicant in writing on the application which shall be returned to the applicant. Such denial shall be final and not subject to review. Added by Ord. No. 140,180, Eff Amended by: Ord. No. 173,308, Eff , Oper Sec Approval of Application for Reimbursement. If the application for reimbursement is approved by the Purchasing Agent, the claim shall be returned to the applicable department where the department head or other appropriate city officer shall be authorized to draw demands directly upon a fund under his control which shall be established for the purpose of payment of reimbursement under this article. Added by Ord. No. 140,180, Eff

64 Sec Reimbursement Terms Title Transfer. If the application is based on the market value or cost of replacement, as the case may be, and not on the cost of repair, and if the damaged property, prostheses or tool has sufficient salvage value to make sale as, or use as, salvage by the City practical, the applicant shall be required, as a condition of the allowance of the application and before approval of such application, to deliver and transfer title of such damaged article, prostheses or tool to the City. Added by Ord. No. 140,180, Eff Sec Reimbursement Terms - Rights Transfer. By filing an application pursuant to this article, the applicant agrees to subrogate to the City any right which he may have to reimbursement from others for the damage, loss or destruction of the property, prostheses or tool which is the subject of the application, to the extent of the reimbursement paid to him by the City, unless such right of reimbursement from others was taken into account in computing the award to be paid hereunder pursuant to Section of this article. Added by Ord. No. 140,180, Eff Sec Reimbursement - Rules and Regulations. The Director of the Office of Administration and Research Services may establish rules and regulations for the implementation of this article. Added by Ord. No. 140,180, Eff Amended by: Ord. No. 173,308, Eff , Oper Sec Applications Under Oath or Affirmation. Applications filed pursuant to the provisions of this article shall be made under oath or affirmation subject to penalty of perjury. Added by Sec. 140,180, Eff Sec Validity of This Article. It is the intent of the City Council to provide reimbursement hereunder only if there is compliance with all conditions of this article, therefore, it should be held that any exception, limitation or condition of this article is invalid, then in that event, the entire article shall be of no effect. Added by Ord. No. 140,180, Eff ARTICLE 8 HOURS OF WORK Section Hours of Work FLSA Non-exempt Employees Part-time Employment Compensated Personal Time Off Benefits for Intermittent Employees Payment of Salary During Jury Service Payment of Salary When Subpoenaed as a Witness Schedule Changes for Personal Business Overtime FLSA Non-exempt Employees Increments of time reporting.

65 4.114 Salaried FLSA Exempt Employees Certain FLSA Exempt and All FLSA Excluded Employees Payment for Overtime Transfer and Termination Payment of Overtime on Death of Employee Reduced Work Schedule Time Off to Donate Blood or Bone Marrow. Sec Hours of Work FLSA Non-exempt Employees. Employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and any time of the day. A minimum of 8 hours of actual attendance on duty shall constitute a day s work and a minimum of 40 hours shall constitute a week s work for every full-time employee including authorized holidays and compensated absences. With the exception of employees assigned a reduced work schedule in accordance with Section 4.117, any employee who works fewer than these required hours per week shall be considered part-time, as defined in Section Employees may be assigned to work Saturdays, Sundays or holidays. (a) Alternative Work Schedules Employees may be assigned to work schedules of five eight hour days (5/40), four ten hour days (4/10) in a single workweek, eight nine hour days and one eight hour day within a two week period (9/80) or other schedules at the discretion of the appointing authority. Regardless of schedule, employees shall not be assigned to work more than 40 hours during a workweek. Employees assigned to a (9/80) schedule shall have a designated regular day off, which shall remain fixed, unless permanently reassigned. (b) Changes to Work Schedules Employees may be required to adjust their work schedules (change days off or working hours, except on the same day of the week as their regular 9/80 day off) within the same FLSA workweek. Temporary changes to the designated 9/80 day off at the request of the employee s appointing authority or the employee is prohibited unless it is intended for the employee to work additional hours (overtime) with the exception of during holiday weeks as provided for in Section 4.119(G). (c) Rest Periods The administrative head of any department may permit employees to take brief rest periods during any working day at such times and of such duration as to not adversely affect the operation of the department and promote efficiency, provided that such rest period shall not be taken during the first or last hour of the working day. The taking of rest periods is a privilege and not a right and any rest period not taken at the time permitted shall be deemed waived and not accumulated or carried over from one day to any subsequent day, or compensated for in any form. Based on Ord. No. 89,100. Amended by: Ord. No. 99,790; Ord. No. 173,308, Eff , Oper ; In Entirety, Ord. No. 175,048, Eff Sec Staggered Schedules for Saturdays. Based on Ord. No. 89,100. Repealed by Ord. No. 173,791, Eff Sec Part-time Employment. Except as otherwise provided in Section of this Code and in any Memoranda of Understanding or Departmental Personnel Ordinances to the contrary, a work schedule of less than the number of hours of full-time employment shall be considered part-time employment. The following categories of part-time employment are hereby defined: (a) Half-time: Half-time employees are employees regularly assigned to a work schedule of half-time (1040 hours) or more in any service year, but less than full-time. Compensation shall be prorated on the basis of the total number of hours scheduled to be worked in relationship to the total number of hours required for full-time employment in the class of position. Benefits for such half-time employees provided in this Code shall apply to these employees on a prorated basis. (b) Intermittent: Intermittent employees are employees assigned to a regular or on-call work schedule of less than half of the available working time (less than 1040 hours ) in any service year. Employees who are compensated by the session and employees who hold more than one intermittent position concurrently, regardless of total number of hours scheduled, shall be considered intermittent employees. Compensation as established in Schedule A herein shall be considered full remuneration for intermittent employees defined by this section, except for compensated personal time off benefits as provided in Section of this Code. Any employee, either full-time or half-time, shall be eligible to receive benefits from only one employing department at any one time.

66 Based on Ord. No. 89,100. Amended by: Ord. No. 117,872; Ord. No. 148,563, Eff , Oper ; In Entirety, Ord. No. 165,482, Eff ; Subsec. (b), Ord. No. 172,359, Eff ; Penultimate Para. Deleted, Ord. No. 181,785, Eff Sec Compensated Personal Time Off Benefits for Intermittent Employees. Intermittent non-representative employees shall be eligible to accrue compensated time off (CPTO) at a rate of 2.75 minutes for every hour compensated. Employees must complete a period of six consecutive months of City service and must have been compensated for at least 500 hours before qualifying to use the CPTO. This benefit may be used in no less than one-hour increments for the following: 1. Sick leave; 2. Personal business, subject to approval of the supervisor; 3. Holidays assigned off. When a holiday falls on an employee s assigned schedule and the employee is not required to work on that holiday, an employee may request to use CPTO. If the qualifying employees choose not to use CPTO for the holiday, the employees may be allowed, subject to the approval of the supervisor, to adjust their work schedules and make up the time in full not later than the next succeeding payroll period. CPTO may be accumulated for up to a maximum of 48 hours. Any time accumulated in excess of such amount shall be deemed waived and lost. There shall be no payment of any form for unused personal time upon separation from City service for any reason. Employees who hold more than one intermittent position concurrently shall be eligible to accrue CPTO in only one position. Intermittent and half-time employees must request permission from their primary employing department to hold more than one position concurrently. Employees must designate a primary employing department in writing with their primary and secondary employing departments and with the Controller s Office. Temporary Elections workers are exempt from this requirement. If an employee fails to designate a primary employing department the Controller s Office will designate the first department to hire the employee as the primary employing department. Employees may change their designated primary department during Open Enrollment period of October If an employee changes departments outside the Open Enrollment period, the Controller s Office will designate the first department to hire the employee as the primary employing department, unless the employee notifies the Controller s Office otherwise within 30 calendar days of the effective date of the change. Employees who hold concurrent positions shall request permission to continue to do so within 60 days of the adoption of this MOU by City Council. Employees who are receiving benefits as a full-time or half-time employee in another department or capacity, or are a retired member of LACERS shall not be eligible to receive compensated personal time off benefits as an intermittent employee. Employees who are paid per diem or by the session shall not be eligible to accrue CPTO. Added by Ord. No. 172,359, Eff Amended by: In Entirety, Ord. No. 175,048, Eff Sec Payment of Salary During Jury Service. Any officer, full-time or half-time employee as defined by Section 4.110(a) of this Code who is duly summoned to attend any court for the purpose of performing jury service or has been nominated and selected to serve on a Grand Jury shall, for those days during which jury service is actually performed and those days necessary to qualify for jury service, receive his or her regular salary; provided, however, that any jury attendance fees received by any officer or employee of the City who receives regular salary pursuant to this section, except for those fees received for jury service performed on a regular day off or a holiday, shall be paid to the City and deposited in the General Fund. A prorated portion of jury service fees received by a half-time employee shall be paid to the City when those fees are received for jury service performed on days for which the employee is scheduled to work a portion of a day. The absence of any officer or employee for the purpose of performing jury service shall be deemed to be an authorized absence with pay within the meaning of Section 4.75 of this Code. The absence of an intermittent employee for the purpose of performing jury service shall be deemed to be an authorized absence without pay. Employees summoned for jury service are not authorized to waive jury attendance fees and will be expected to remit the appropriate fees to the City upon completion of service. Based on Ord. No. 89,100. Amended by: Ord. No. 131,394; Ord. No. 137,255; Ord. No. 140,475, Eff ; Ord. No. 141,127, Eff ; Ord. No. 148,797, Eff ; In Entirety, Ord. No. 165,022, Eff ; In Entirety, Ord. No, 165,482, Eff ; Ord. No. 175,048, Eff

67 Sec Payment of Salary When Subpoenaed as a Witness. Any officer or employee of the City who is served with a subpoena by a court of competent jurisdiction or an administrative body to appear as a witness during his or her scheduled working period, unless he or she is a party to the litigation or an expert witness, shall be granted pay in the amount of the difference between the employee s regular earnings and the witness fee. The absence of any officer or employee for the purpose of serving as a witness during his or her scheduled working period shall be deemed an authorized absence with pay within the meaning of Section 4.75 of this Code with pay calculated pursuant to this article. A court of competent jurisdiction is defined as a court within the county in which the employee resides. If the place of appearance is outside the county of residence, it must be within 150 miles of the employees residence. Added by Ord. No. 165,022, Eff Amended by: Second paragraph added, Ord. No. 177,103, Eff Sec Payment of Salary When Subpoenaed as a Witness. Added by Ord. No. 167,291, Eff , Oper Repealed by Ord. No. 177,103, Eff Sec Schedule Changes for Personal Business. Management may allow an employee time off with pay, not to exceed eight hours in any one payroll period for personal business (except for changes on the 9/80 day off or the split day) provided that such time off so allowed shall either be made up in full within the same workweek that the time is taken or charged against the employee s accrued and unused vacation or overtime bank on an hourly basis. Employees on a FLSA 7(b) work period shall either make up this time in full within the same pay period that the time is taken (as long as hours worked do not exceed 56 hours in a workweek or 12 hours in a day) or charged against the employee s accrued and unused vacation or overtime bank on an hourly basis. Based on Ord. No. 89,100. Amended by: Ord. No. 131,781; Ord. No. 166,710, Eff , Oper ; In Entirety, Ord. No. 175,048, Eff Sec Overtime FLSA Non-exempt Employees. (a) Authority for Overtime Compensation for overtime shall be for all hours worked in excess of 40 hours actually worked in a workweek. No employee shall work overtime without prior authorization of the chief administrative officer of the department or a supervisor delegated the responsibility by such officer. All hours worked by FLSA non-exempt employees shall be recorded on their time sheet. FLSA non-exempt employees may not work outside of scheduled working hours, or during unpaid meal periods, without the prior approval of a supervisor consistent with department policy. Failure to secure prior approval may result in discipline. Working and not recording time is similarly prohibited. (b) Rate of Compensation for Overtime Overtime compensation for employees who are employed in a class or pay grade (if the class has multiple pay grades) with a fifth step regular biweekly rate, without bonuses, at or below the fifth step regular biweekly rate for the class of Senior Administrative Analyst I shall be in time off at the rate of one and one-half (1½) hours for each hour of overtime worked or in cash at one and one-half (1½) times the employee s regular rate of pay. The method of overtime compensation shall be at the discretion of the employee s appointing authority. (c) Compensatory Time Off Employees may, subject to the discretion of the appointing authority, be permitted to accumulate up to 80 hours of compensatory time off (CTO). Appointing authorities may allow employees to accumulate in excess of 80 hours for a temporary period of time not to exceed an additional fiscal year. If an employee does not schedule and take CTO prior to the end of the fiscal year in which the overtime was worked, the employee s appointing authority may: require employees to use CTO hours prior to the end of the fiscal year; require employees to use such time in lieu of vacation (unless the mandatory use of CTO would result in the loss of vacation accumulation) or other leave time; or authorize cash payment. In the event sufficient funds are not available to provide cash compensation for all or a portion of the CTO hours, the employee s appointing authority may extend the time limit for a period not to exceed an additional fiscal year. In accordance with FLSA, no employee shall lose CTO. Employees shall be permitted to take CTO for overtime worked upon request unless granting of such time would unduly disrupt the operations of the City department. This standard does not apply to non-flsa overtime (i.e. overtime earned pursuant to this Section that does not meet the FLSA definition of overtime).

68 Under no circumstances shall compensatory time off (CTO) in excess of 240 hours be accumulated. (d) Record Keeping Departments shall furnish the Controller with a detailed record of all overtime worked and accumulated. The Controller shall maintain for each department and employee a record of all overtime paid and accumulated time remaining to be taken off. Based on Ord, No. 89,100. Amended by: Ord. No. 96,561; Ord. No. 120,628; Ord. No. 140,475, Eff ; Ord. No. 141,335, Eff ; Ord. No. 144,498 Eff ; Ord. No. 144,499, Eff ; Ord. No. 151,926, Eff ; Ord. No. 157,893, Eff ; Ord. No. 158,946, Eff ; Ord. No.. 165,022, Eff ; Ord. No. 166,708, Eff ; Ord. No. 170,864, Eff , Oper ; Ord. No. 172,713, Eff ; In Entirety, Ord. No. 175,048, Eff ; Subsec. (a), Ord. No. 181,137, Eff Sec Increments of time reporting. Hours worked shall be accounted for in increments of six (6) minutes. Overtime shall be earned, credited and paid or taken off (compensatory time off) in increments of six (6) minutes. No overtime credit shall be allowed for a period of less than six (6) minutes. Added by Ord. No. 176,297, Eff Sec Salaried FLSA Exempt Employees. (a) Salaried Employees Employees who qualify for exemption from the Fair Labor Standards Act (FLSA) overtime provisions based upon duties and who are assigned to a class or pay grade, if the class has multiple pay grades, with a fifth step biweekly rate, without bonuses, above the fifth step regular biweekly rate for the class of Senior Administrative Analyst I shall be treated as salaried employees as defined by the FLSA. Salaried employees will be paid the predetermined salary for each biweekly pay period and shall not receive overtime compensation. Salaried employees shall not be subject to any deductions from salary or any leave banks for any authorized absence from work for less than a full workday when these absences are occasional partial-day absences from work that are authorized by the appropriate supervisor designated by management. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work schedule for purposes of Family/Medical Leave) are subject to deductions from salary or leave banks. Salaried employees shall not be subject to disciplinary suspension for periods of less than a workweek (salaried employees can only be suspended in increments of a full FLSA workweek) unless based on violations of a safety rule of major significance or misconduct. (b) Work Schedules Salaried employees may be assigned 5/40, 4/10, 9/80 or other schedules at the discretion of their appointing authority. Notwithstanding any Los Angeles Administrative Code provision or other City department rules and regulations to the contrary, these employees shall not be required to record specific hours of work for compensation purposes, although hours may be recorded for other purposes. (c) Accumulated Compensatory Time Off Salaried employees with accumulated compensatory time off earned prior to becoming salaried shall be subject to the provisions of subsection 4.113(c). (d) Additional Time Off The appointing authority of each City department may grant time off for hours worked due to unusual circumstances. Such time off shall not be on an hour for hour basis for any additional hours worked. (e) Compensation for Emergencies and Unusual Occurrences In lieu of time off, the appointing authority may, with the approval of the Mayor, grant additional compensation to non-represented employees when an employee(s) is assigned by Management to work additional hours outside of an employee s regular work schedule, in increments of a full day (8) hours, in unusual situations (e.g. earthquake, flood, sewage spills, emergency construction response, etc.). Compensation for each additional day shall be an amount equivalent to 4.6% of the monthly rate of the employee s appropriate step rate, as indicated in the appropriate salary appendix. Former Section Based on Ord. No. 89,100. Former Section Repealed by Ord. No. 173,791, Eff New Section Added by Ord. No. 175,048, Eff Amended by: Subsec. (a), Ord. No. 179,996, Eff Editor s Note: Section 21 of Ordinance No. 175,048, effective , purported to amend Section of this Code in its entirety. Section was repealed, however, before Ordinance No. 175,048 became effective. The section is set out above as if Section 21 of Ordinance No. 175,048 had the effect of enacting a new Section Sec Certain FLSA Exempt and All FLSA Excluded Employees. City General Managers, Bureau Heads, Elected Officials and all FLSA excluded employees shall not be entitled to overtime compensation in any form. FLSA excluded employees shall not be subject to any deductions from salary or leave banks for any authorized absence from work for less than a full work day when the

69 absences are occasional, partial-day absences from work. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work schedule for purposes of Family/ Medical Leave) are subject to deductions from salary or leave banks. Added by Ord. No. 175,048, Eff Amended by: Ord. No. 179,997, Eff Sec Payment for Overtime Transfer and Termination. Whenever a non-exempt or salaried employee transfers from one department, office or bureau to another department, office or bureau, all accumulated overtime shall be compensated for in cash at the employee s regular rate of pay on the employee s last working day prior to the effective date of the transfer or if higher, an average of the employee s regular rate of pay over his/her last three years. Whenever an employee resigns, retires or is discharged, all accumulated overtime shall be compensated for in cash at the employee s regular rate of pay current at the date of payment or if higher, an average of the employee s regular rate of pay over his/her last three years. Based on Ord. No. 89,100. Amended by: Ord. No. 91,540; Ord. No. 144,499, Eff ; In Entirety, Ord. No. 175,048, Eff Sec Payment of Overtime on Death of Employee. In the case of the death of an active employee, all accumulated overtime shall be compensated in cash at the employee s regular rate of pay at the time of death or if higher, an average of the employee s regular rate of pay over his/her last three years. Payment may be made to: 1) the surviving spouse; 2) to dependent children in the event of no surviving spouse; or 3) to dependent parents in the event there shall be no surviving spouse or dependent children. Former Section Based on Ord. No. 89,100. Former Section Repealed by Ord. No. 173,791, Eff New Section Added by Ord. No. 175,048, Eff Editor's Note: Section 24 of Ordinance No. 175,048, effective , purported to amend Section of this Code in its entirety. Section was repealed, however, before Ordinance No. 175,048 became effective. The section is set out above as if Section 24 of Ordinance No. 175,048 had the effect of enacting a new Section Sec Reduced Work Schedule. Notwithstanding Section 4.108(a) of the Los Angeles Administrative Code: (a) Whenever a full-time employee voluntarily reduces the number of his/her biweekly regular hours from 80 to a number not less than 72 at the request and/or with the permission of his/her department, office or bureau; or (b) Whenever the appointing authority, in order to meet the varying needs of the different City agencies, reduces the number of a full-time employee's biweekly regular hours to a different number of hours as may be established by the appointing authority pursuant to the City's adoption of a resolution declaring a fiscal emergency; an employee whose biweekly regular hours are reduced as authorized in this section shall be credited with all the rights and benefits as though he/she worked 80 hours in the payroll period. Compensation received under the circumstances herein provided shall be considered full compensation for all employees participating in such hour reduction. Added by: Ord. No. 157,826, Eff Amended by: In Entirety, Ord. No. 175,048, Eff ; Ord. No. 180,696, Eff Sec Time Off to Donate Blood or Bone Marrow. Each department, office and bureau shall be responsible for administering time off for its employees who choose to donate blood or bone marrow. Depending on the operating needs of the department, office or bureau, appointing authorities may permit an employee to take time off with pay to donate blood or bone marrow as specified under the provisions of this section. (a) Blood Donation Employees may take time off with pay to donate blood up to one hour to donate at a work site donation drive and up to two hours to donate at a non-work site location during a 12 month period.

70 (b) Bone Marrow Donation Employees may take time off with pay to donate bone marrow up to 40 hours during a 12 month period. (c) A 12 month period shall begin on the first day of leave for each individual taking leave. The succeeding 12 month period will begin the first day of the leave taken under this provision of this section after completion of the previous 12 month period. (d) Employees who request time off to donate blood pursuant to Subsection (a) must submit verification from the American Red Cross or other recognized donation organization that they have donated or that their donation was deferred by the organization. (e) Employees requesting a leave of absence pursuant to Subsection (b), shall provide written verification to management that (1) he or she is a bone marrow donor and (2) that there is a medical necessity for the bone marrow donation and absence from work. Added by Ord. No. 171,027, Eff ; Ord. No. 171,027 Repealed by Ord. No. 175,849, Eff Amended by: In Entirety, Ord. No. 175,849, Eff ARTICLE 9 LEGAL HOLIDAYS AND OPEN AND CLOSED DAYS FOR CITY OFFICES Section Legal Holidays for Employees Unpaid Holidays for Non-Represented Employees Time off for Religious Observances. Sec Legal Holidays for Employees. (a) Notwithstanding any provisions of the LAAC that may conflict, the following days shall be treated as holidays: 1. New Year's Day (January 1). 2. Martin Luther King's Birthday (the third Monday in January). 3. Washington's Birthday (the third Monday in February). 4. Cesar E. Chavez' Birthday (the last Monday in March). 5. Memorial Day (the last Monday in May). 6. Independence Day (July 4). 7. Labor Day (the first Monday in September). 8. Columbus Day (the second Monday in October). 9. Veterans Day (November 11). 10. Thanksgiving Day (the fourth Thursday in November). 11. The Friday after Thanksgiving Day. 12. Christmas Day (December 25). 13. Any day or portion thereof declared to be a holiday by proclamation of the Mayor and the concurrence of the City Council by resolution. 14. One unspecified holiday. (b) (c) When any holiday from 1 through 12 above falls on a Sunday, it shall be observed on the following Monday. When any holiday from 1 through 12 above falls on a Saturday, it shall be observed on the preceding Friday.

71 (d) Any holiday declared by proclamation of the Mayor shall not be deemed to advance the last scheduled working day before a holiday for purposes of computing any additional time off. (e) Whenever a holiday from 1. through 14. above occurs during an employee's regularly scheduled workweek, eight (8) hours of paid leave for that holiday shall not be counted for the purpose of computing overtime pay for work performed after forty (40) hours. (f) An employee shall be entitled to compensation for the appropriate number of hours of paid leave for holidays from 1. through 13. above if the employee worked his/her assigned shift immediately before and after the holiday, or prior to such holiday Management has authorized the employee to take paid time off (such as sick leave or vacation) in lieu of the requirement to work said shifts. (g) Whenever a holiday falls on an employee s 9/80 regular day off or modified day off, the employee shall take an alternate day off within the same calendar week as the holiday. (h) An FLSA non-exempt employee who works on any holiday above will be compensated at the rate of time and one-half (1½) for each hour worked, in addition to his/her regular compensation for the day, provided, however, that the employee has (1) worked his/her assigned shift immediately before and his/her assigned shift immediately after the holiday, or (2) prior to such holiday Management has authorized the employee to take paid leave time off in lieu of the requirement to work said shifts. Any employee who fails to meet these requirements will be paid at the rate of one hour for each hour worked. Employees shall not receive both overtime and holiday premium pay for same hours. (i) FLSA non-exempt employees working in excess of eight (8) hours on any holiday listed from 1. through 13. above shall be paid at the appropriate holiday pay rate for his/her class. Employees shall not receive both overtime and holiday premium pay for the same hours. (j) For each holiday listed above which results in time off with pay for employees working a Monday through Friday work week, employees who are scheduled to work other than the Monday through Friday work week shall be entitled to such day off with pay or shall be compensated in accordance with all pertinent provisions ((b) through (i) above). If such holiday falls on an employee s scheduled day off, an alternative day off in lieu shall be scheduled within the same calendar week as the holiday. (k) The additional compensation for work performed on a holiday as provided herein shall not apply to employees whose regular rate of pay includes compensation for working on a holiday. (l) (m) Management shall have the sole authority and responsibility to determine whether the compensation for any holidays worked shall be in cash or CTO. The unspecified holiday shall be taken in accordance with the following requirements: 1. The holiday must be taken in one full normal working day increment of eight (8) hours during the calendar year in which it is credited or it will be forfeited. The request for such time off, if timely submitted by the employee, will be promptly approved by Management subject to the operating needs of the employee s department, office or bureau. If an unforeseen operating requirement prevents the employee from taking such previously approved holiday, Management will reschedule the holiday so that it may be taken on some other reasonably satisfactory date within the calendar year. 2. Any break in service (i.e., resignation, discharge, retirement) prior to taking the holiday shall forfeit any right thereto. 3. The holiday shall not be utilized to extend the date of any layoff. 4. No employee shall be entitled to an unspecified holiday until he/she has completed six months of satisfactory service and has completed 500 hours of compensated time. 5. No employee shall receive more than one unspecified holiday each calendar year. Thus, (a) an employee transferring from the Department of Water and Power (DWP) to any other City department, office or bureau will not receive an unspecified holiday after taking such holiday prior to leaving DWP, and (b) employees who resign or are terminated and then rehired during the same calendar year, will not receive an additional unspecified holiday when rehired. (n) 1. a. A half-time employee, as defined by Section 4.110(a) of the LAAC, shall qualify for and receive the same holiday benefits as a full-time employee, including unspecified holidays except as noted in (n)1.b. below; provided, however, that pay for such holiday shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment in the class of position. b. Half-time employees must complete a period of six consecutive months of service and must have been compensated for at least 500 hours before qualifying for the unspecified holiday. Half-time employees who transfer to full-time or full-time employees who transfer to half-time are entitled to either a full unspecified holiday (8 hours) or a prorated unspecified holiday depending on their status at the time the holiday is taken. A full-time or half-time employee who transfers to intermittent without having taken any unspecified holiday shall not be entitled to such holiday while in intermittent status. 2. Intermittent employees, as defined by Section 4.110(b) of the LAAC, shall not be entitled to holiday benefits. An intermittent employee who becomes full-time or half-time and who has not previously qualified for the unspecified holiday benefit as a full or half-time employee shall be required to

72 qualify by completing six consecutive months of service in the full-time or half-time status and to have been compensated for at least 500 hours. Upon completion of said qualifying period, a half-time employee will be allowed prorated benefits as described herein. Based on Ord. No. 89,100. Amended by: Ord. No. 89,934; Ord. No. 131,185; Ord. No. 141,413, Eff ; Ord. No. 142,605, Eff ; Ord. No. 146,024, Eff ; Ord. No. 150,272, Eff , Oper ; Ord. No. 152,230, Eff , Oper ; In Entirety, Ord. No. 153,413, Eff , Oper ; Ord. No. 158,644, Eff , Oper ; Ord. No. 160,569, Eff , Oper ; Ord. No. 165,482, Eff ; Ord. No. 166,075, Eff ; In Entirety, Ord. No. 175,048, Eff ; Subsecs. (a), (e), (f) and (i), Ord. No. 181,789, Eff Sec Unpaid Holidays for Non-Represented Employees. (a) Full-Time Employees During Fiscal Year (July 1, 2011 through June 30, 2012), all full-time, non-represented employees shall take thirtytwo (32) hours of unpaid holiday time off during said fiscal year. (b) Half-Time Employees During Fiscal Year (July 1, 2011 through June 30, 2012), all half-time, non-represented employees shall take sixteen (16) hours of unpaid holiday time off during said fiscal year. (c) The provisions in (a) and (b) above shall apply to individuals employed in all non-represented classifications (including General Manager) regardless of employing department or office, funding source, Fair Labor Standards Act status, or civil service status. (d) The unpaid holiday hours provided for in (a) and (b), above, shall be taken in no less than one-hour increments. (e) The unpaid holiday hours provided for in (a) and (b), above, may be substituted on an hour-for-hour basis for approved unpaid leave (e.g., Leave Without Pay while on Family and Medical Leave). Based on Ord. No. 89,100. Amended by: Ord. No. 93,646; Ord. No. 108,436; Ord. No. 100,940. Repealed by Ord. No. 173,791, Eff Added by Ord. No. 181,950, Eff , Oper Amended by: In Entirety, Ord. No. 182,205, Eff Sec Time Off for Religious Observances. Any City employee shall at his request be allowed time off for observance of religious holidays unless his absence substantially interferes with the performance of essential City services, such time off to be charged to accrued vacation or accumulated overtime, if available, or to time off without pay, providing, however, that the employing department may allow such time to be made up by rescheduling of the employee s hours of work. Added by: Ord. No. 152,497, Eff ARTICLE 10 LEAVES OF ABSENCE Section Military Leave with Pay Source of Payment and Authority for Issuance of Terms for Sick Leave Allowances Allowance for Sick Leave Allowance for Leave for Pregnancy Allowance for Leave for Illness in Family Allowances for Leave Because of Family Deaths Method of Reporting Sick Leave Family and Medical Leave - Non-represented Employees. Sec Military Leave with Pay. (a) Every employee of the City who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to the provisions of the

73 Military and Veterans Code of the State of California, shall, before he is paid his salary or compensation during such leave, or any part thereof, as provided in said Code, furnish to his appointing authority two certified copies of his orders, one (1) copy to be filed in the department in which he is employed and the other with the Controller, or in lieu thereof, he shall furnish to such appointing authority upon forms provided by the Controller certified evidence of his entry into active service in the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such employee into active service in such armed forces and of the actual performance by him of ordered military duty during all or any part of such leave. (b) In determining whether an employee has been in the service of the City for a period of not less than one year immediately prior to the date on which the absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required, provided, however, that service in any department having control of his own funds shall be counted in making such determination. Based on Ord. No. 89,100. Amended by: Ord. No. 100,535. Sec Source of Payment and Authority for Issuance of Terms for Sick Leave Allowances. (a) Payments made for sick leave allowances pursuant to this article shall be made from moneys appropriated for the payment of the salary for the position held by the employee. Such position shall be considered filled for the duration of the illness, and no other person shall be employed in the position during the absence of such employee on account of such illness provided that sick leave pay allowance granted under the provisions of this article to the incumbent of any position shall not be operative during any period in which funds are not available through specific appropriation for the payment of the salary or wage of such position, and such sick leave with pay as may have been granted shall be automatically terminated upon the termination of the authority for employment in such position. (b) All demands on payrolls authorizing compensation for sick leave allowances shall show that they are drawn, and the amounts therein set forth are paid pursuant to the provisions of this article. Based on Ord. No. 89,100. Amended by: Ord. No. 131,641. Sec Allowance for Sick Leave. (a) Every full-time civilian employee of the City shall be entitled to sick leave with pay as provided herein, if the employee is compelled to be absent from work on account of any illness or injury other than that caused by or arising from the employee's own moral turpitude. Such sick leave shall be allowed as follows: 1. Employees entering City service must complete a period of six consecutive months of service and must complete 1040 compensated hours before qualifying for sick leave. The qualifying date shall be extended one hour for each hour of uncompensated absence. At the completion of the qualifying period, such employees shall accrue one day of sick leave and shall accrue one additional day at the end of each subsequent month worked until January 1, following completion of the six month period. Such accrual will be on the first day of the pay period in which the employee's anniversary date falls. Beginning January 1, following completion of the qualifying period, such employees shall accrue sick leave as provided for in Paragraph Beginning January 1, 1998, employees shall be allowed 96 hours leave at full pay and 40 hours leave at 75% of full pay each calendar year plus the hours of sick leave accrued and accumulated as provided herein. Employees hired prior to January 1, 1998, who were previously allowed to accrue 40 hours of leave at 50% of full pay each calendar year shall have any unused balance of such sick leave frozen with no further credits or withdrawal permitted. 3. Notwithstanding the provisions of this section, employees in representation units shall be governed by the provisions of the Memorandum of Understanding for their representation units. Changes in employees' rates of sick leave accrual resulting from changes in their representation unit, shall be adjusted on the January 1 following such change. 4. Half-time employees, as defined by Section 4.110(a) of this Code, must complete a period of six consecutive months of service, and must have been compensated for at least 500 hours before qualifying for sick leave. Upon completion of the qualifying period, a half-time employee will be allowed sick leave prorated on the basis of total number of hours scheduled in relationship to the total number of hours required for full-time employment. Intermittent employees, as defined by Section 4.110(b) of this Code, shall not be entitled to accrue or use sick leave benefits. When a full-time or half-time employee becomes an intermittent employee, all accrued and accumulated sick leave for which he/she has been credited shall remain credited to the employee but frozen in the amounts so accrued and accumulated without increase or decrease because of the change in work schedule. Such benefits may only be used if the employee becomes a half-time or full-time employee. An intermittent employee who becomes a full-time or half-time employee, who has not previously qualified for sick leave benefits as a full or half-time employee, shall be required to complete the six month qualifying period and be required to have been compensated for at least 500 hours in accordance with

74 the above provisions. 5. Notwithstanding the provisions above, employees who have completed at least six months of service in the Department of Water and Power and who subsequently transfer or are appointed to a class in another City department shall be provided with the equivalent number of 100% sick time hours available to the employee at the date of such transfer from the Department of Water and Power up to a maximum of 80 hours of 100% sick time. In addition, the employees will accrue eight hours of 100% sick time each month until the next following January 1, at which time the employees will accrue sick leave as provided for in Paragraph 2. (b) Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 800 hours, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which, if added to an employee's accumulated sick leave at full pay, will exceed 800 hours, shall, as soon as practicable after the end of each calendar year, be compensated for by cash payment of 50% of the salary rate current at the date of payment. If an employee retires from the service of the City or, if an employee who is eligible to retire on or after July 1, 1996, dies prior to retirement, any balance of accumulated sick leave at full pay up to a maximum of 800 hours remaining unused at the time of retirement or death shall be compensated to the employee or, in the event of the death of the employee, to his/her legal beneficiaries, by cash payment of 50% of the employee's salary rate on the date of retirement or death. Effective January 1, 1997, if an employee retires from the service of the City or if an employee who is eligible to retire on or after July 1, 1996, dies prior to retirement, any balance of accumulated sick leave at 50% of full pay remaining unused at the date of retirement or death shall be compensated by cash payment at 25% of the employee's salary rate current at retirement or death. The appointing authority shall authorize cash payment to the legal beneficiaries of any City employee who is killed during the performance of job-related duties for the balance of the employee's accumulated full-pay sick leave at 100% of the employee's salary rate on the date of his/her death. In no instance shall an employee or his/her beneficiaries be compensated more than once for accumulated full pay sick leave and 50% sick leave upon retirement and/or death of the employee. (c) Any unused balance of sick leave at 75% of full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 800 hours at 75% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost. (d) Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of 16 hours in any one calendar year but in not less than one-half hour increments at any one time, which shall be included in the allowance of sick leave at full pay under this section for the purpose of securing preventive medical, dental, optical or other like treatment or examination for the employee and for members of the employee's immediate family. (e) been used. No sick leave at partial pay shall be used by any employee unless and until all sick leave with full pay to which such employee is entitled shall have (f) Payment for sick leave at full pay for any period of three consecutive working days or less may be allowed upon approval of the appointing authority. No payment, however, for sick leave allowance in excess of three consecutive working days shall be made until a doctor's certificate or other suitable and satisfactory proof showing the fact of the illness and the necessity for the absence, together with such other satisfactory proof of the probity of the claim as may be required has been received, accepted and approved by his appointing authority and reported to the Controller. The appointing authority may require a doctor's certificate or proof of illness at any time. (g) As used in this section and in Section of this Code, the term "calendar year" shall mean the 12-month period from January 1 to December 31. Based on Ord. No. 89,100. Amended by: Ord. No. 135,969; Subsec. (g), Subsec. (h) added, Ord. No. 131,641; Subsec. (b), Ord. No. 138,460, Eff ; Subsecs. (a), (b), (c), Ord. No. 140,780, Eff ; Subsec. (a), Subsec (i) added, Ord. No. 149,129, Eff ; Subpart 6. added, Ord. No. 150,680, Eff , Oper ; Subsec. (a), Subdiv. 5., Ord. No. 165,482, Eff ; Subsec. (d), Ord. No. 166,075, Eff ; Subsec. (b), last two sentences at end of second para., Ord. No. 170,794, Eff ;Subsec. (b), second para. amended, Ord. No. 170,967, Eff ; Subsecs. (a), (b), (c), (d), and (e), Ord. No. 171,417, Eff ; Subsec. (b), Para. 2, Ord. No. 171,527, Eff ; Subsec. (b) and (c), Ord. No. 171,780, Eff , Oper ; In Entirety, Ord. No. 172,175*, Eff ; Subsec. (b), third para. amended, Ord. No. 176,699, Eff ; In Entirety, Ord. No. 181,781, Eff * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Sec Allowance for Leave for Pregnancy. Every full-time and half-time employee in any Department of the City shall be entitled to use sick leave accrued pursuant to this section if that employee is unable to work on account of her pregnancy, childbirth or related medical conditions. Added by Ord. No. 152,274, Eff , Oper Amended by: In Entirety, Ord. No. 165,482, Eff

75 Sec Allowance for Leave for Illness in Family. (a) Any employee who is absent from work by reason of the illness or injury of a member of his/her immediate family and who has accrued sick leave at full pay shall, upon approval of the appointing authority or the agent thereof designated to determine such matter, be allowed leave of absence with full pay for not to exceed in the aggregate twelve working days in any one calendar year, provided such employee shall furnish a satisfactory doctor s certificate or other suitable and satisfactory proof showing the nature and extent of the injury or illness to justify such absence. Immediate family shall include the father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, foster child, grandparents, grandchildren, step-parents, step children of any employee of the City, the domestic partner of an employee, a household member (any person residing in the immediate household of the employee at the time of the illness or injury), and the following relatives of an employee s domestic partner: child, grandchild, mother and father. Any non-represented employee who claims a domestic partner for purposes of the provisions of this subsection shall complete a confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner, declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required to secure family illness benefits arising from the illness or injury of a household member. By extending to an employee the specific benefits defined in this subsection, the City does not intend to confer or to imply any other unspecified benefits to such employee, or to the employee s domestic partner, or to the employee s household members, or to any other person. (b) Any non-represented employee shall be allowed leave of absence with full pay for up to an aggregate of twelve (12) working days in any one calendar year for the provisions of (a) hereinabove, or for the purpose of adopting a child. (c) The aggregate number of days of absence for which pay may be allowed under this section shall be included in the number of days for which sick leave with full pay is allowed under Section of this Code. Based on Ord. No. 89,100. Amended by: Ord. No. 123,623; Ord. No. 137,896; Ord. No. 140,780, Eff ; Ord. No. 155,667, Eff , Oper ; In Entirety, Ord. No. 165,312, Eff , Oper ; Ord. No. 168,238, Eff , Oper : In Entirety, Ord. No. 170,101, Eff , Oper ;Subsec. (a), first sentence, Ord. No. 170,864, Eff , Oper ; Subsec. (a), Ord. No. 171,780, Eff , Oper Sec Allowances for Leave because of Family Deaths. (a) Except as otherwise provided by Memorandum of Understanding and implemented by the City Council, in addition to all other sick leave allowed under this article, any employee who is absent from work by reason of the death of a member of his/her immediate family shall, upon the approval of the appointing authority or the agent thereof designated to determine such matters, be allowed leave of absence with full pay for a maximum of three working days for each occurrence of a death in the employee s immediate family. Such employee shall furnish a death certificate or other satisfactory proof of the death to justify the absence. Immediate family shall include the father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparents, grandchildren, stepparents, step-children, foster parents, foster children, a domestic partner, any relative who resided in the employee s household, a household member (any person residing in the immediate household of the employee at the time of death), and the following relatives of an employee s domestic partner: child, grandchild, mother, father. For the purpose of this section, simultaneous, multiple family deaths will be considered as one occurrence. (b) Any non-represented employee who claims a domestic partner for purposes of the provisions of Subsection (a) hereinabove, shall complete a confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner, declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required to secure bereavement leave benefits arising from the death of a household member (any person residing in the immediate household of the employee at the time of death). By extending to an employee the specific benefits defined by this subsection, the City does not intend to confer or to imply any other unspecified benefits to such employee, or to the employee s domestic partner, or to the employee s household member, or to any other person. (c) Intermittent employees, as defined by Section 4.110(b) of this Code, shall not be entitled to compensated leave because of family deaths. (d) In addition to the bereavement leave granted under this section, upon approval of the appointing authority, any employee who has accrued unused sick leave at full pay shall be allowed sick leave with full pay not to exceed two working days per occurrence for the purpose of bereavement leave if it is necessary for the employee to travel a minimum of 1,500 miles one way, as calculated by the Automobile Association of America (AAA). Employees requesting the use of sick leave under this provision shall furnish satisfactory proof to the appointing authority of the distance traveled. Use of sick leave hours for bereavement leave shall not be counted as sick leave in any department Sick Leave Use Monitoring Program. (e) Commencing July 1, 2012, non-represented employees shall be entitled to use the bereavement leave granted under this section up until 370 calendar days from the date of the death of the qualifying immediate family member. Bereavement leave not used prior to 370 calendar days from the date of said death shall be deemed waived and lost. Based on Ord. No. 89,100. Amended by: Ord. No. 137,896; Ord. No.140,780, Eff ; Ord. No. 153,343, Eff , Oper ; Ord. No. 165,482, Eff ; Ord. No. 168,238, Eff , Oper ; In Entirety, Ord. No. 170,101, Eff , Oper ; Subsec. (d), Ord. No. 175,048, Eff ; Subsec. (e) added, Ord. No. 182,210, Eff

76 Sec Method of Reporting Sick Leave. All sick leave allowances under this article shall, for the purposes of payroll reporting, be charged in no less than one-half hour increments. Based on Ord. No. 89,100. Amended by: Ord. No. 123,283; Ord. No. 181,781, Eff Sec Family and Medical Leave - Non-Represented Employees. (a) Authorization for Leave. 1. Up to four (4) months (nine (9) pay periods) of family or medical leave shall be provided for the purpose of childbirth, adoption, foster care of a child, or serious health condition of an immediate family member (as defined in Section 4.127), upon the request of the employee, or designation by Management in accordance with applicable Federal or State law, notwithstanding any other provisions in the Los Angeles Administrative Code to the contrary. 2. An employee may take leave under the provisions of this section if he/she has a serious health condition that makes him/her unable to perform the functions of his/her position. 3. Leave under the provisions of this section shall be limited to four (4) months (nine (9) pay periods) during a twelve (12) month period, regardless of the number of incidents. A 12- month period shall begin on the first day of leave for each individual taking such leave. The succeeding 12- month period will begin the first day of leave taken under the provisions of this section after completion of the previous 12-month period. Exception: Under the provisions of this section, a pregnant employee may be eligible for up to four months (nine pay periods) for childbirth disability and up to an additional four months (nine pay periods) for purposes of bonding. See Subsection (d) of this section. (b) Definitions. 1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in this State. 2. Domestic partner means a named domestic partner in a confidential affidavit declaring the existence of said domestic partner and signed by the City employee, which is on file in the Employee Benefits Office, Personnel Department. 3. Parent means a biological, step, adoptive or foster parent, an individual who stands or stood in loco parentis to an employee, or a legal guardian. This term does not include parents in law. 4. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward or child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability. 5. Persons who are in loco parentis include those with day-to-day responsibilities to care for or financially support a child; or in the case of a parent of an employee, that person who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. (c) Eligibility. 1. The provisions of this section shall apply to all non-represented employees in all City departments who have been employed by the City for at least 12 months and who have worked at least 1,040 hours during the 12 months immediately preceding the beginning of the leave. Exception: In accordance with Pregnancy Disability Leave under the California Fair Employment Housing Act (FEHA), on the first day of employment with the City, pregnant employees are eligible for up to four months (nine pay periods) of leave if disabled due to pregnancy. 2. Parents (including those who are domestic partners) who both work for the City may take leave under the provisions of this section at the same time to care for a new child by birth or adoption, or foster care of a child. However, the aggregate period of time to which both are entitled is limited to the time allowed for only one employee. Spouses or domestic partners who both work for the City may take leave under the provisions of this section at the same time to take care of a sick parent. However, the aggregate period of time to which both are entitled is limited to the time allowed for only one employee. Each employee must notify his/her employing department at the time the leave is requested of the name and department of the second family member who is requesting leave for the same incident. Such notification must include the starting and ending dates of the time period for which each employee is

77 requesting leave. The time limitations described above does not apply to leave taken by one spouse or one domestic partner to care for the other who is seriously ill, or to care for a child with a serious health condition. (d) Conditions. 1. Pregnancy The start of a leave for a pregnant employee shall start at the beginning of the period of disability that a health care provider certifies as necessary. Leave for the non-disability portion of childbirth may be taken before or after delivery. In accordance with Pregnancy Disability Leave (PDL) under the California FEHA, pregnant employees who are disabled due to pregnancy, childbirth, or related medical conditions are eligible for up to four months (nine pay periods) of leave with medical certification certifying the employee is unable to work due to a pregnancy-related condition. PDL under the FEHA may be taken before or after the birth of a child, which shall run concurrently with pregnancy leave under the federal Family and Medical Leave Act of 1993, and must be concluded within one year of the child's birth. Employees (either parent) are also eligible for family leave (bonding) under the California Family Rights Act (CFRA), which shall be limited to four months (nine pay periods) and must be concluded within one year of the child's birth or adoption. Whereas bonding leave for the pregnant employee may be taken before or after delivery, bonding leave for the non-pregnant employee shall be taken on or after the anticipated delivery or placement date of the child, except as may be necessary under Subsection (d)2. "Adoption". (The administration of this leave shall be in accordance with Subsections (c)2. and (d)7. of this Section.) 2. Adoption The start of a family leave for adoption shall begin on a date reasonably close to the date the child is placed in the custody of the employee. Leave for adoption or foster care of a child may also be granted prior to placement if an absence from work is required. 3. Family Illness The start of a family leave for a serious health condition of a family member shall begin on the date requested by the employee or designated by Management. 4. Employee s Own Illness The start of a leave for the employee s own serious health condition shall begin on the date requested by the employee or designated by Management. 5. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves any period of: A. Incapacity or treatment connected with in-patient care in a hospital, hospice, or residential medical care facility; or B. Incapacity requiring an absence of greater than three days involving continuing treatment by or under the supervision of a health care provider; or C. Incapacity (or treatment therefrom) due to a chronic serious health condition; or D. Incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or E. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity or more than three consecutive days if left untreated; or F. Any period of incapacity due to pregnancy or for prenatal care. 6. Workers Compensation / IOD An employee receiving Workers Compensation benefits (either IOD or the rate provided in Division IV of the California Labor Code) who meets the eligibility requirements in Subdivision 1. of Subsection (c) of this section shall automatically be considered to be on family and medical leave, effective the first day of the employee's absence. 7. Continuous / Intermittent Leave All leave granted under this section shall normally be for a continuous period of time for each incident. An employee shall be permitted to take intermittent leave or work on a reduced schedule to take care of a family member with a serious health condition or for his/her own serious health condition when it is medically necessary. Management may require the employee to transfer temporarily to an available alternative position with equivalent compensation for which the employee is qualified that accommodates recurring periods of leave better than the employee s regular position. Employees who elect a part-time schedule shall receive prorated compensated time off benefits in accordance with Section of this Code during the duration of their part-time schedule. In accordance with the California Family Rights Act (CFRA), leave for the birth, adoption or foster care placement of a child of an employee ( bonding leave) does not have to be taken in one continuous period of time. Under CFRA, the basic minimum duration of bonding leave is two weeks, and on any two occasions an employee is entitled to this bonding leave for a time period of not less than one day but less than two weeks duration. Any other form of intermittent leave, or work on a reduced schedule, for the purpose of bonding leave shall only be permitted at the discretion of Management. Bonding leave must be concluded within one year of the birth or placement of the child. 8. If any employee requires another leave for a separate incident under the provisions of this section during the same 12-month period, a new

78 request must be submitted. 9. A personal leave beyond the four month (nine pay periods) of leave provided in this section may be requested, subject to the approval of the appointing authority and, if required, the Personnel Department, as provided under other City leave provisions. 10. Management has the right to request and verify the certification of a serious health condition by a health care provider for a leave under the provisions of this section. Management shall allow the employee at least 15 calendar days to obtain the medical certification. 11. Upon return from family or medical leave, an employee shall be returned to his/her original job or to an equivalent job. (e) Notice Requirements. 1. Employee. When an employee requests family or medical leave, he/she must state the reason for the requested leave (e.g., childbirth, to care for an immediate family member with a serious health condition, etc.). When the necessity for a leave is foreseeable, the employee must provide at least 30 days notice. However, if the leave must begin in less than 30 days, the employee must provide as much advance notice as is practicable. 2. Management. In response to an employee's request for family or medical leave, Management shall indicate whether or not the employee is eligible for such leave, if such leave will be counted against the employee's annual family or medical leave entitlement, and any requirement for the employee to furnish medical certification. Management shall notify an employee if it designates leave, paid or unpaid, taken by an employee as family or medical leave-qualifying, regardless of whether or not the employee initiates a request to take family or medical leave. (f) Applicable Time Off. Employees who are granted leave in accordance with this section shall take time off in the following order: 1. Childbirth (Mother). A. Accrued sick leave (100% and 75%) or vacation for the entire period of disability that a health care provider certifies is necessary (including prenatal care or the mother s inability to work prior to the birth), may be taken at the employee s discretion. B. For the non-disability portion of childbirth leave (before delivery or after ( bonding )), accrued vacation available at the start of the leave shall be used prior to the use of time under C., D., E. and F. below. C. Accrued 100% sick leave. The use of sick leave under this Subsection is at the employee s discretion. D. Accrued 75% sick leave, following use of all 100% sick leave. The use of sick leave under this Subsection is at the employee s discretion. E. Unpaid leave. F. Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual family and medical leave entitlement. 2. Childbirth (includes father or domestic partner), Adoption, Foster Care, or Family Illness. A. Annual family illness sick leave up to twelve (12) days may be used at the employee s discretion. Such leave may be taken before or after the vacation described in B. below. B. Accrued vacation shall be taken. Such time must be used prior to the use of time under C., D., E. and F. below. C. Accrued 100% sick leave. The use of sick leave under this Subsection is at the employee s discretion. D. Accrued 75% sick leave, following use of all 100% sick leave. The use of sick leave under this Subsection is at the employee s discretion. E. Unpaid leave. F. Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual family and medical leave entitlement. 3. Personal Medical Leave.

79 A. Accrued 100% sick leave may be used at the employee s discretion. Such leave may be taken before or after the vacation described in C. below. B. Accrued 75% sick leave may be used following use of all 100% sick leave at the employee s discretion. Such leave may be taken before or after the vacation described in C. below. C. Accrued vacation time. D. Unpaid leave. E. Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual family and medical leave entitlement. (g) (h) Sick Leave Rate of Pay. Payment for sick leave usage under (f)1., 2., and 3. shall be at the regular accrued rate of 100% or 75% as appropriate. Monitoring. Department management shall maintain such records as are required to monitor the usage of leave as defined in this section. The provisions and administration of this section shall be in compliance with the Family and Medical Leave Act of 1993, the California Family Rights Act of 1993, and the Pregnancy Disability Leave provisions of the California Fair Employment and Housing Act. Added by Ord. No. 165,312, Eff , Oper Amended by: Ord. No. 167,428, Eff , Oper ; In Entirety, Ord. No. 170,101, Eff , Oper ; Ord. No. 171,780, Eff , Oper ; In Entirety, Ord. No. 175,048, Eff ; Subsecs. (a)3., (c)1., (d) and (e)2., Ord. No. 179,998, Eff , Oper ; Subsecs. (b)5., (d)1., (d)5., (e)2., (f)1.f., (f)2.b., (f)2.f. and (f)3.e., Ord. No. 181,788, Eff ; Subsec. (b)5., Ord. No. 182,203, Eff ARTICLE 11 ESTABLISHMENT OF NEW POSITIONS AND EMPLOYMENT OF PERSONNEL Section Requests for New Positions Authority to Fill Vacated Positions Employment of Personnel by Council Resolution, Subject to Veto Power of Mayor. Sec Requests for New Positions. (a) Requests for creation of new or additional positions shall be directed in triplicate by the appointing authority to the City Council. Such requests shall describe the position or positions desired, including the duties, responsibilities and pay range considered appropriate; and shall fully justify the necessity therefor. (b) Such request shall be filed with the City Clerk and shall thereupon automatically stand referred to the Personnel Committee of the City Council. Upon such filing, the Clerk shall transmit the request to the Director of the Office of Administrative and Research Services and a copy thereof to the General Manager of the Personnel Department. The Director of the Office of Administrative and Research Services shall make a report and recommendation thereon to the Personnel Committee for the guidance of the Council, such recommendation to include, but not be limited to, the findings of the Director of the Office of Administrative and Research Services as to the necessity for such position or positions. Whenever the report of the Director of the Office of Administrative and Research Services recommends the creation of any new or additional position in the classified civil service, he shall transmit to the City Council concurrently with his report a report from the General Manager of the Personnel Department to the City Council indicating what changes, if any, in the classification plan will be required and what recommendations with reference thereto the said General Manager proposes to make to the Board of Civil Service Commissioners in case such recommended position or positions are created. Based on Ord. No. 89,100. Amended by: Ord. No. 90,377; Subsec. (a), (b), Ord. No. 148,663, Eff , Oper ; Ord. No. 150,582, Eff , Oper ; Subsec. (b), Ord. No. 164,741, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Authority to Fill Vacated Positions.

80 No positions vacated by the retirement, death, resignation, discharge, transfer or any other means, of any person employed in any of the classifications enacted by this Code, shall be filled unless specific authorization therefor is first granted by the City Council. All requests for such authorization shall be made directly to the City Council. The Board of Civil Service Commissioners shall not certify or approve the name of any successor to fill such vacancy nor shall the City Controller approve any payroll which contains the name of any employee whose appointment does not conform to the provisions of this section. The provisions of this section shall not apply to any officers of the City as defined by the Charter. Based on Ord. No. 89,100. Amended by: Ord. No. 96,925. Sec Employment of Personnel by Council Resolution, Subject to Veto Power of Mayor. Whenever requested by the appointing authority of any department, or upon its own motion, the Council by order or resolution may grant authority for: (a) The employment of personnel in cases where no department personnel authority exists provided that the class of position in which such employment is to be made is contained in Schedule A ; provided, however, that any such order or resolution may, by its terms be made to take effect at the beginning of the next ensuing fiscal year from its adoption, but in no event shall such order or resolution be effective for any purpose beyond the end of this said ensuing fiscal year. (b) The filling of any position in conformity with the provisions of any department personnel ordinance or any amendment thereto pending the effective date of such ordinance or amendment, provided that such position is included in one of the classes of positions contained in Schedule A. Such employment authorization shall, before it becomes effective, be presented to the Mayor for his approval for his signature if he approves it; if not, he shall endorse thereon the date of presentation to him, and return it to the Council with his objections in writing. The Council, at its first meeting after the return of such employment authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases require the votes of two-thirds of the whole Council to pass such employment authorization over the veto of the Mayor. If any such employment authorization shall not be returned to the Council by the Mayor with his objections in writing within ten (10) days after it shall have been presented to him, it shall become effective and be valid as if the Mayor had approved and signed it. Based on Ord. No. 89,100. Amended by: Ord. No. 99,929. ARTICLE 12 GENERAL PROVISIONS Section Regular Payrolls on Bi-weekly Basis. Sec Regular Payrolls on Bi-Weekly Basis. All salaries and wages herein provided shall be paid bi-weekly unless otherwise provided by ordinance; provided that employees who may be hired on occasional or emergency work shall be entitled to receive their salaries or wages on the completion of the work for which they were hired. The monthly equivalent of the bi-weekly rate shall be computed by dividing the biweekly rate by eighty (80) and multiplying the quotient thus obtained by one hundred and seventy-four (174). The bi-weekly rate for annual rates fixed in Schedule A of this Chapter shall be computed by dividing the prescribed annual rate by two thousand and eightyeight (2,088) and multiplying the quotient thus obtained by eighty (80). Based on Ord. No. 89,100. Amended by: Ord. No. 107,434; Ord. No. 140,559, Eff , Oper ; Ord. No. 140,865, Eff

81 Sec Declaration of Policy on Apprenticeship Training. Based on Ord. No. 89,100. Repealed by Ord. No. 173,791, Eff ARTICLE 13 EMPLOYMENT OF CIVILIAN AMBULANCE EMPLOYEES BY THE FIRE DEPARTMENT Sec Civilian Ambulance Employee Defined. Amended by: Ord. No. 149,511, Eff ; Ord. No. 157,169, Eff , Oper Deleted by Ord. No. 170,864, Eff , Oper Sec Regular Hours of Work. Added by Ord. No. 144,472, Eff Deleted by Ord. No. 170,864, Eff , Oper Sec Overtime. Added by Ord. No. 144,472, Eff Amended by: 2nd Para., Subsec. (e) added by Ord. No. 151,925, Eff ; Subsec. (e), Ord. No. 153,218, Eff Deleted by Ord. No. 170,864, Eff , Oper CHAPTER 2.5 CLASSIFICATION AND SALARY STANDARDIZATION OF ATTORNEY PERSONNEL IN THE OFFICE OF THE CITY ATTORNEY Article 1 General Provisions 2 Classification and Compensation Plan ARTICLE 1 GENERAL PROVISIONS Sec Purpose of Plan. Added by Ord. No. 147,758, Eff Repealed by Ord. No. 173,791, Eff Sec Designation of Deputies.

82 Repealed by Ord. No. 173,791, Eff ARTICLE 2 CLASSIFICATION AND COMPENSATION PLAN Sec Establishment of Classes. Added by Ord. No. 147,758, Eff Amended by: Ord. No. 154,219, Eff Repealed by Ord. No. 173,791, Eff CHAPTER 3 SALARY STANDARDIZATION FOR FIREFIGHTERS AND POLICEMEN Article 1 Definitions 2 Reports on Proposed Amendment of Classification Plan 3 Official Copy of Class Specifications in Classification Plan 4 Classification and Compensation Plan for the Fire Department and Police Department 5 Hours of Work, Overtime 6 Vacations, Leaves 7 Certificate of Service 8 Board of Rights 9 General Provisions Sec Definitions of Terms. ARTICLE 1 DEFINITIONS Based on Ord. No. 89,935. Amended by: Subsec. (h), Ord. No. 117,873, Ord. No , Eff ; Subsec. (f), (h), (l), (m) and (n), Ord. No. 140,820, Eff , Oper ; Subsecs. (f), (h), (i), (m), (n), (o), repeals Ord. No. 140,820, Ord. No. 141,416, Eff , Oper ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Definitions of Section Headings, Tenses, Gender, and Number References. Based on Ord. No. 89,935. Repealed by Ord. No. 173,791, Eff Sec Adoption of Classification Plan. Based on No. 89,935. Repealed by Ord. No. 173,791, Eff

83 ARTICLE 2 REPORTS ON PROPOSED AMENDMENT OF CLASSIFICATION PLAN Section Responsibility of Board of Civil Service Commissioners Proposals to Change Allocation and Reallocation of Positions Reports of Necessity for Change in Existing Positions or for Additional Positions Amendment and Maintenance of Classification Plan. Sec Responsibility of Board of Civil Service Commissioners. (a) Whenever one or more new positions are to be established, or whenever, because of any change in organization or method, a significant change in the duties or responsibilities of any existing position is to be made which requires the amendment of the classification plan, such revision and amendment of the classification plan shall be made in the manner as provided under Section 1003 of the Charter. (b) Whenever the appointing authority proposes that a new position be created or that a significant change be made in the duties and responsibilities of an existing position, such appointing authority shall forthwith report the significant facts to the Board of Civil Service Commissioners in the manner prescribed by said Board. Thereupon, the General Manager of the Personnel Department shall make a study of the duties and responsibilities of any such position and of the qualifications required for filling the same, and of the relationship of such positions to other classes of positions in the classification plan, and shall report to said Board of Civil Service Commissioners his recommendations involving any amendment or change in the classification plan. Said Board of Civil Service Commissioners shall thereupon determine what changes, if any, in the classification plan will be required as a result of the proposal of such appointing authority, either by changing the title of any existing class, or by establishing a new class, or by dividing, combining, altering, or abolishing any existing class in the classification plan. Said Board of Civil Service Commissioners shall then transmit its findings and recommendations to the City Council and shall transmit a copy thereof concurrently to the Director of the Office of Administrative and Research Services. Based on Ord. No. 89,935. Amended by: Ord. No. 173,308, Eff , Oper Sec Proposals to Change Allocation and Reallocation of Positions. The General Manager of the Personnel Department, upon written request of any appointing authority or of any member, or upon his own initiative, after consultation with the department concerned, may recommend the allocation of any existing position to a different class in the classification plan, either because of a previous error in allocation, or because of a significant change in the duties and responsibilities, or because of the creation of a new class to which such position may more appropriately be allocated, or because of the abolishment or combination of any existing positions, or may recommend any change in the existing classes, necessary to maintain the classification plan in conformity with the provisions of Section 1003 of the Charter. The report and recommendation of said General Manager shall be submitted for action to the Board of Civil Service Commissioners which shall hold a public hearing thereon and shall determine what modifications or amendments, if any, should be made in the classification plan. Any meeting of said Board of Civil Service Commissioners shall constitute a public hearing for the purpose of amendment of the classification plan. No modification or amendment of the classification plan will be made unless the appointing authority of the department concerned is given opportunity to make such recommendations as he may deem warranted. A report setting forth any amendments or modifications of the classification plan which the Board of Civil Service Commissioners proposes to make shall be transmitted to the City Council and a copy thereof shall be transmitted concurrently to the Director of the Office of Administrative and Research Services. Based on Ord. No. 89,935. Amended by: Ord. No. 173,308, Eff , Oper Sec Reports of Necessity for Change in Existing Positions or for Additional Positions. Upon receipt by the Director of the Office of Administrative and Research Services of a copy of the report from the Board of Civil Service Commissioners pursuant to Sections and of this Code, he shall forthwith make such investigation as is required under the provisions of the Charter and shall transmit to the City Council his report and recommendation on the necessity for any change in existing positions or for the addition of new positions in the department covered in said report from the Board of Civil Service Commissioners. Based on Ord. No. 89,935. Amended by: Ord. No. 173,308, Eff , Oper

84 Sec Amendment and Maintenance of Classification Plan. (a) The City Council, upon receipt of the reports and recommendations of the Board of Civil Service Commissioners and the Director of the Office of Administrative and Research Services, shall first determine whether any new positions shall be created, whether the duties of any existing positions shall be changed, whether any existing positions shall be eliminated, and whether any changes shall be made in salary schedules for any class or classes. After action by the Council in respect to any of the foregoing matters, the Classification Plan will forthwith be amended by dividing, combining, altering, or abolishing any class, by creating a new class, or by changing the title of any class in accordance with the action of the Board of Civil Service Commissioners, pursuant to Section 1003 of the Charter; provided, that no new class will be established unless the duties and responsibilities of positions in such class are found to be substantially different from the duties and responsibilities of any other existing class. (b) Any action leading to amendment of the Classification Plan may be initiated by the Council, the Board of Civil Service Commissioners, the Board or the Chief Administrative Officer of the Fire Department or Police Department, or by any supervisory official or member of such department by written request to be transmitted to the Board of Civil Service Commissioners. Based on Ord. No. 89,935. Amended by: Ord. No. 173,308, Eff , Oper ARTICLE 3 OFFICIAL COPY OF CLASS SPECIFICATIONS IN CLASSIFICATION PLAN Section Preparation and Maintenance Allocation and Reallocation of Positions to Classes Notifying Members of Official Allocation and Re-allocation of Positions Use of Class Titles of Positions. Sec Preparation and Maintenance. (a) The General Manager of the Personnel Department shall prepare and maintain a written specification for each class of position in the Police Department and Fire Department, and such class specifications, when approved and adopted by the Board of Civil Service Commissioners, shall constitute the official specifications of classes in said departments. Such specifications shall be based on study of the duties and responsibilities of all positions set forth in this Code, and after conferences with the appointing authorities, the principal supervisory officials, and the members concerned or their duly accredited representatives. Each class specification shall set forth the title of the class, a general statement of duties, a statement of distinguishing features of the work, examples of duties of positions in a class, a statement of qualifications necessary and desirable for efficient performance of the work, and such other pertinent information as the Board of Civil Service Commissioners deems appropriate. (b) The General Manager of the Personnel Department is authorized to substitute for the examples of duties of positions in a class in each class specification the detailed descriptions of the duties of the pay grade or pay grades in the class which are maintained by the Director of the Office of Administrative and Research Services. (c) The official copy of the specifications for each class of positions shall be maintained in the office of the Board of Civil Service Commissioners, and shall indicate the date of adoption or last revision or amendment of the specification for each class. The official copy of the specifications shall be open to inspection by the members and the public under reasonable conditions at all times during business hours. Duplicates of the official copy of any class specification shall be made available to the Council, to any appointing authority or members, and to persons seeking employment in the Fire Department or Police Department of the City, or to any other person interested. Based on Ord. No. 89,935. Amended by: Subsecs. (b), (c), Ord. No. 140,820, Eff , Oper ; Subsecs. (b), (c), repeals Ord. No. 140,820, Ord. No. 141,416, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Allocation and Reallocation of Positions to Classes. The allocation of all positions in the Fire Department and Police Department of the City of Los Angeles, as classified by the Board of Civil Service Commissioners under specific classes in the Classification Plan, with appropriate class titles, and as listed in a schedule to be known as Schedule C are hereby

85 adopted. Schedule C shall be in the custody of the Board of Civil Service Commissioners and shall be currently maintained by the said Board of Civil Service Commissioners in accordance with any amendments to the Classification Plan as provided under Section of this Code and pursuant to the provisions of Section 1003 of the Charter; provided that the Council and the appointing authority and any member of the department or his representative shall be permitted to consult Schedule C during business hours at reasonable length under conditions prescribed by the Board of Civil Service Commissioners. Based on Ord. No. 89,935. Amended by: Ord. No. 173,308, Eff , Oper Sec Notifying Members of Official Allocation and Re-allocation of Positions. The appointing authority of the Fire Department or Police Department of the City of Los Angeles shall notify any member in his department in writing of any reallocation of the position he holds. Any member of the Fire Department or Police Department of the City of Los Angeles shall have the right at any time to request the review of any alleged error, inequity, or inconsistency in the allocation or reallocation of his position. Such request shall be in writing and shall be addressed to the appointing authority for transmission, with comments and recommendations, to the Board of Civil Service Commissioners. Upon receipt of any such written request, the said Board of Civil Service Commissioners shall refer it to the General Manager of the Personnel Department, who shall forthwith make a study of the duties and other factual information in the statement and shall submit his report and recommendation to the said Board of Civil Service Commissioners for action in the manner set out under Section of this Code. The Board of Civil Service Commissioners, at least five (5) days in advance of the public hearing provided for in said Section 4.146, shall give to any member who submits such written request a notice in writing of the time and place of such hearing. Based on Ord. No. 89,935. Sec Use of Class Titles of Positions. Pursuant to Section 1003 of the Charter, the title or the appropriate Code number of a class to which any position is allocated shall be used to designate the position in making requests for appropriation of funds or personal services, in the budgets submitted to the Mayor and the Council, on all payrolls and all other records and communications of the Board of Civil Service Commissioners, the Controller, the Treasurer, and all reports and payrolls providing for the payment of personal services and dealing with recruitment, promotion, leaves of absence, and other personnel activities. For purposes of internal administration, or for any other purpose not involving personnel processes covered by Charter Sections 1000 et seq. of the Charter the Code designation for each class of position as set out in Section of this chapter may be used where, in the judgment of the Board of Civil Service Commissioners and the Controller, such action is necessary or desirable. Based on Ord. No. 89,935. Amended by: Ord. No. 173,308, Eff , Oper ARTICLE 4 CLASSIFICATION AND COMPENSATION PLAN FOR THE FIRE DEPARTMENT AND POLICE DEPARTMENT Section Adoption of Classification and Compensation Plans Salary Administration Longevity Pay Salary Adjustments on Amendment to the Compensation Plan Salary Rate Following Discharge, Resignation and Consolidation of Municipalities Applicable Salary Rate Following Return from Service in Armed Forces Service Rating System and Standards Temporary Police Officer Appointment Bonuses. Sec Council Has Fixed Salaries. Based on Ord. No. 89,935. Amended by: Ord. No. 141,416, Eff , Oper ; Ord. No. 147,607, Eff , adds Table 1; Ord. No. 147,684, Eff , amends Ord. No. 147,607 by adding

86 Effective date for Table 1; Ord. No. 147,743, Eff Oper , amends Schedules 25 and 26, Table 1; Table 1 amended by Ord. No. 148,592, Eff , Oper ; Ord. No. 148,953, Eff , Oper , amends Schedules 25 and 26, Table 1; Table 1, by Ord. No. 150,223, Eff Oper ; Table 1, by Ord. No. 150,291, Eff , Oper ; Table 1, by Ord. No. 150,425, Eff , Oper ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Adoption of Classification and Compensation Plans. (a) The following classes of positions and pay grades thereof are hereby created in the Fire and Police Departments, and the code numbers, titles and schedules as hereinafter set forth are hereby established for such classes of positions and pay grades thereof. The schedules refer to the ranges of salaries set forth in Table 1 of this article. Each member of the Fire and Police Departments shall be entitled to receive the rate of compensation prescribed for the class in which the member s position is allocated and the pay grade which the member is assigned. (b) Police Department Class Code Class Title and Pay Grade Salary Schedule Police Officer I MOU(*24) Police Officer II MOU(*24) Police Officer III MOU(*24) 2217 Police Specialist Section 4.158(f) Police Detective I MOU(*24) Police Detective II MOU(*24) Police Detective III MOU(*24) Police Sergeant I MOU(*24) Police Sergeant II MOU(*24) Police Lieutenant I* MOU(*24) Police Lieutenant II* MOU(*24) Police Captain I** MOU(*25) Police Captain II** MOU(*25) Police Captain III MOU(*25) 2251 Police Commander*** MOU(*25) Police Deputy Chief I MOU(*25) Police Deputy Chief II MOU(*25) Transit Police Officer I Section 4.158(g)(1) Transit Police Officer II Section 4.158(g)(1) Transit Police Officer III Section 4.158(g)(1) 2225 Transit Police Sergeant Section 4.158(g)(2) 2231 Transit Police Lieutenant Section 4.158(g)(3) 2243 Transit Police Captain Section 4.158(g)(4) 2250 Transit Police Commander Section 4.158(g)(5) SALARY CLASSIFICATION AND COMPENSATION SCHEDULE POLICE DEPARTMENT * These pay grades include the Class of Detective Lieutenant, Code 3506; ** These pay grades include the class of Assistant Detective Captain, Class 3507; *** This class includes the class of Inspector of Detectives, Code /2 (c) Fire Department Class Code Class Title and Pay Grade Salary Schedule Firefighter I MOU(*23) Firefighter II MOU(*23) 2121 Apparatus Operator MOU(*23) 2131 Engineer of Fire Department MOU(*23) Fire Inspector I MOU(*23) Fire Inspector II MOU(*23) Fire Captain I MOU(*27) Fire Captain II MOU(*27) 5125 Fireboat Mate MOU(*23) SALARY CLASSIFICATION AND COMPENSATION SCHEDULE FIRE DEPARTMENT

87 5127 Fireboat Pilot MOU(*23) 0007 Temporary Paramedic 173,588 (d) Fire Department SALARY CLASSIFICATION AND COMPENSATION SCHEDULE FIRE DEPARTMENT CHIEF OFFICERS Class Code Class Title and Pay Grade Salary Schedule 2152 Fire Battalion Chief MOU(*22) 2166 Fire Assistant Chief MOU(*22) 2176 Fire Assistant Chief MOU(*22) Police Department POLICE DEPARTMENT CHIEF OFFICERS (Operative ) Code Title Salary Schedule Salary Range No Police Deputy Chief I Police Deputy Chief II (Operative ) Code Title Salary Schedule Salary Range No Police Deputy Chief I Police Deputy Chief II (Operative ) Code Title Salary Schedule Salary Range No Police Deputy Chief I Police Deputy Chief II Note: The consecutive steps 1 through 5 of the salary ranges shown above shall be the consecutive steps 3 through 7 for the purposes of Section of this Code. (e) Salaries for classes of positions indicated as MOU (*) are fixed by separate ordinances implementing the various Memoranda of Understanding between the City and recognized employee organizations. The Memoranda of Understanding for the representation units are set forth in the following index: MOU(*22) Fire Chief Officers MOU (* 23) Firefighters and Fire Captains MOU(*24) Police Officers Lieutenant and Below MOU(*25) Police Officers Captain and Above (f) Police Department Police Specialist, Code 2217 Employees in the class of Police Specialist, Code 2217, shall receive the same salary, uniform field assignment incentive, if qualified, and all benefits afforded to the class of Police Officer I, Code and Police Officer II, Code , as contained in MOU No. 24. Based on Ord. No. 89,935. Amended by: Ord. No. 114,096; Subsec. (b), Ord. No. 132,519; Subsecs. (b), (c), Ord. No. 138,851, Eff ; Subsec. (b), Ord. No. 138,994, Eff ; Subsec. (j) added Ord. No. 139,681, Eff ; Subsecs. (b), (c), Ord. No. 139,900, Eff ; Subsec. (b), Ord. No. 139,959, Eff ; Subsecs. (b), (c), Ord. No. 140,656, Eff ;

88 Subsec. (c), Ord. No. 140,686, Eff ; Subsec. (h), Ord. No. 140,689, Eff ; Subsecs. (a), (b), (c), (e), Ord. No. 140,820, Eff , Oper ; Subsecs. (a), (b), (c), repeals Ord. No. 140,820, Ord. No. 141,416 Eff , Oper ; Subsec. (c), Ord. No. 142,615, Eff ; Subsec. (b), Ord. No. 144,877, Eff ; Subsec. (c), (n), Ord. No. 144,895, Eff ; Subsec. (b), Ord. No. 144,895 Eff ; Oper ; Subsec. (c), (f), Ord. No. 144,920, Eff ; Subsec. (c), adds Subsec. (d), Ord. No 146,380, Eff , Oper ; Subsecs. (b), (d), Ord. No. 146,401, Eff , Oper ; Subsec. (b) and (c), Ord. No 148,692, Eff , Oper ; Subsec. (d) Police, Ord. No 152,230, Eff , Oper ; Subsec. (b), (c), (d), adds (e), Ord. No 152,345, Eff ; Subsec. (d), Ord. No 152,543, Eff , Oper ; Subsec. (d) Ord. No 154,343, Eff , Oper ; Subsec. (d), Ord. No 155,677, Eff , Oper ; Subsec. (d) Police Dept., Ord. No 155,169, Eff , Oper ; Subsec. (d), Police Dept., Ord. No 157,211, Eff Oper ; Subsec. (d), Police Dept., Ord. No 158,640, Eff , Oper , ; Subsec. (b), Police Dept., Amended by Ord. No 162,062, Eff , Oper ; Subsecs (a), (b) and adds (f), Ord. No. 169,092, Eff ; Subsec. (f), Ord. No. 170,101, Eff , Oper ;MOU (*23) and MOU (*27) repealed, MOU(*23) added, Ord. No. 170,864, Eff , Oper ; Subsecs. (b) and (g), Ord. No. 171,747, Eff ; Ord. No. 173,588, Eff ; Subsec. (g) repealed, Ord. No. 176,297, Eff Sec Salary Administration. (a) Salary upon Initial Appointment and Salary Progression. Initial appointment in the police or fire services shall be at the first step of Schedule 1 except as hereinafter provided. (1) Any person initially appointed to any position in the class of Firefighter or Police Officer, who has completed 60 semester units (or 90 quarter units) of credit from an accredited college or university pertinent to the occupation involved, upon recommendation of the appointing authority and approval of the General Manager of the Personnel Department, shall receive salary at the second step of the salary range for Schedule 1 in the appropriate MOU. (2) Any person initially appointed to any position in the class of Police Officer who has obtained a pertinent bachelor s degree from an accredited college or university, upon recommendation of the Chief of Police and approval of the General Manager of the Personnel Department, shall receive salary at the third step of the salary range for Schedule 1 in MOU No. 24. (3) Any person initially appointed to any position in the classes of Firefighter or Police Officer, who has had acceptable service in the fire or police department of another public agency, or who is reappointed to said classes and has had previous acceptable service as a member of the Police or Fire Departments, shall receive a salary at a step rate of Schedule 1 determined in accordance with the foregoing paragraphs plus one step for each two years of such service, but not higher than the fourth step of Schedule 1. In addition, any person initially appointed to any position in the class of Police Officer, who has had active military service resulting in honorable discharge, shall receive a salary at a step rate of Schedule 1 determined in accordance with the foregoing paragraphs plus one step for each two years of that service, but not higher than the fourth step of Schedule 1. To be acceptable, such service must be approved by the General Manager of the Personnel Department. (4) Every Firefighter or Police Officer who completes six months or more service shall, at the beginning of the pay period immediately following such completion, be advanced in pay to the next higher step in the range for Schedule 1. Thereafter advancements in salary shall be made automatically step by step after each year of aggregate active service in the class and pay grade in which the member is employed to the maximum step rate within the salary schedule prescribed for his/her class and pay grade, subject to the provisions of Subsection (e) of this section. (5) Except as provided in Subdivision (4) of this subsection, advancement in the salary rate of a member shall be made automatically after one year of aggregate active service at each step rate until he/she receives salary at the maximum step rate within the salary schedule prescribed for his/her class and pay grade, subject to the provisions of Subsections (e) and (f) of this section. (6) The salary upon initial appointment and salary progression for the class of Police Specialist shall be the same as Police Officer set forth above. In exceptional cases, upon request from the Chief of Police, the Director of the Office of Administrative and Research Services may approve advance step hiring upon demonstrated need and qualifications of the individual. (b) Salary Advancement upon Promotion or Assignment to Higher Pay Grade. Any member of the Police or Fire Departments promoted to a higher class or assigned to a higher pay grade within the class to which he/she was appointed shall be advanced to the lowest rate of the salary schedule for the higher class or pay grade, or the rate of compensation next higher to that received by him/her prior to such promotion, whichever is the greater. If the member is entitled to a step advance pursuant to Subdivision (5) of Subsection (a) of this section on the same day as such promotion or assignment, the step advancement shall be considered to have occurred prior to such promotion or assignment. Provided, however, that if such person prior to promotion or assignment is receiving special or hazard pay as provided in Subsection (g) of this section, his/her salary rate prior to promotion or assignment shall be deemed to be the rate which he/she would be receiving in the absence of such salary premium. (c) Salary Rate upon Assignment to a Lower Job Class. Any member of the Police or Fire Departments reassigned to a lower pay grade within the class of position to which he/she was appointed shall receive the same compensation received by him/her prior to such reassignment, or be compensated at the top step of the schedule for the lowest pay grade, whichever is lower. (d) Salary Rate upon Lateral Transfer. Whenever any member of the Fire Department or Police Department is appointed to or displaces in a position in the same department in a different class and pay grade having the same salary schedule he/she shall be entitled to receive in the position to which he/she is appointed or in which he/she displaces, the same rate of compensation that he/she was receiving prior to such appointment or displacement less special hazard and longevity pay, unless he/she is entitled to receive such pay by applicable provision of this article in his/her new position. Any member in the class of Police Specialist who successfully completes 18 months of service in that class, shall then be moved into the class of Police Officer under Charter Section Upon appointment to the class of Police Officer, such member shall be placed in the same step as occupied in the previous class.

89 (e) Merit Pay Step in Schedules 1 through 10. Receipt of salary at the maximum or at the fifth step in Schedules 1 through 10 is a privilege to be earned and retained on the basis of merit, and not a right. No member of the Fire Department or Police Department in a position compensated at Schedules 1 through 10 may receive salary at the fifth step [including advancement pursuant to Section (a) (4)] until the Chief Administrative Officer of his department, or the person designated by the officer, certifies to the Controller that the member has completed the required period of service in his class and further certifies either: (1) that he finds the member s standard of service to be satisfactory; or (2) that three departmental deputy chiefs, sitting as a board of review, finds his standard of service to be satisfactory. Any such designation shall be made in writing to the Controller. A member being compensated at the fifth step shall receive an initial salary increase on promotion or assignment to a higher pay grade without the necessity for further certification. If at any time the standard of service of a member who is receiving salary at the fifth step is unsatisfactory as confirmed by three departmental deputy chiefs, sitting as a board of review, the Chief Administrative Officer of his department may so certify to the Controller, and in that event the salary of such member shall revert from the fifth step to the fourth step and he shall not again be advanced to the fifth step unless and until the Chief Administrative Officer certifies that, in his opinion, or in the opinion of three deputy chiefs, sitting as a board of review, such member has achieved a satisfactory standard of service. Whenever the Chief Administrative Officer finds that a member s standard of service is unsatisfactory and for that reason the member is denied advancement to the fifth step, or is faced with reversion to the fourth step, such finding must be confirmed by three departmental deputy chiefs, sitting as a board of review. The Chief Administrative Officer of the department may, in his discretion and without concurrence of three departmental deputy chiefs, certify that a member s standard of service is satisfactory, but he may not certify that a member s standard of service is unsatisfactory without the concurrence of the three departmental deputy chiefs. (f) Merit Pay Steps in Schedules 11 through 24. Receipt of salary at the fifth, sixth, and seventh steps in Schedules 11 through 24 is a privilege to be earned and retained on the basis of merit and not a right. No member of the Fire Department or Police Department in a position compensated at Schedules 11 through 24 may receive salary above the fourth step until the Chief Administrative Officer of his department certifies to the Controller that the member has completed services at that level as ascertained by an approved evaluation procedure, and for that minimum period as is required by the following table: TABLE 11 (Repealed by Ord. No. 174,415, Eff ) (g) Special Salary Provisions. Based on Ord. No. 89,935. Amended by: Ord. No. 132,519; Ord. No. 138,851, Eff ; Ord. No. 139,900, Eff ; Ord. No. 140,656, Eff ; Ord. No. 141,416, Eff , Oper ; Subsecs. (e), (f), Ord. No. 141,435, Eff ; Subsec. (g), Ord. No. 141,932, Eff ; Subsec. (g), Ord. No. 142,490, Eff ; Subsec. (g), Ord. No. 142,817, Eff ; Subsec. (f), Ord. No. 142,860, Eff ; Subsec. (g), Ord. No. 143,380, Eff ; Subdiv. (3) added to Subsec. (g), Ord. No. 143,600, Eff , Oper ; Subsec. (g), Ord. No. 144,347 Eff ; Subsec. (g), Ord. No. 144,024, Eff ; Subsec. (g) amended by Ord. No. 145,182, Eff ; Subsec. (g), amended by Ord. No. 145,779, Eff ; Subsec. (g) amended by Ord. No. 145,928, Eff ; Subsec. (g), Subdiv. (1), Part A and Part B amended by Ord. No. 147,611, Eff ; Subsec. (f) last para. Ord. No. 148,210, Eff ; Subsec. (g) Subdiv. (1), Part A, Subpart (f) added by Ord. No. 149,272, Eff ; Subsec. (e), Ord. No. 153,943, Eff ; Subsec. (b) adds sentence, Ord. No. 155,363, Eff , Oper ; Subsecs. (g)(2)b(d), (g)(2)b(e), Ord. No. 155,732, Eff , Oper ; Subsec. (a)(3), Ord. No. 155,930, Eff ; Subsec. (h), added, Ord. No. 158,352, Eff , Oper ; Subsec. (i), added, Ord. No. 159,659, Eff , Subsecs. (a), (b), (c) and (d) by Ord. No. 169,092, Eff ; Subsec. (d), second para. added, Ord. No. 169,092, Eff ; Ord. No. 173,308, Eff , Oper ; Subsecs. (g)(2) to (g)(3)(i) repealed by Ord. No. 173,512, Eff , Oper ; Subsec. (g)(1) repealed in entirety by Ord. No. 174,362, Eff ; Subsecs. (b) and (f), Ord. No. 174,415, Eff ; Subsec. (a)(3), second sentence added, Ord. No. 178,552, Eff Sec Longevity Pay. Any member of the Fire Department or Police Department who is employed as a Policeman, Policewoman or Fireman, regardless of pay grade, shall be eligible for longevity pay based upon the aggregate number of years he has served as a member of his department. For the purpose of computing such aggregate service, any member shall be deemed to have been in the service of the Fire Department or Police Department during any period of disability retirement under Charter Sections 1310, 1312, or Such longevity pay shall be made subject to the following conditions: 1. Upon the certification to the Controller by the Chief Administrative Officer of the Fire Department or the Police Department that a member has completed the prescribed number of aggregate years of service as a member of his department and that such member s standard of service is satisfactory, such member shall receive compensation in addition to the regular salary prescribed for his class and pay grade to be computed as follows: (a) Upon completion of ten and until the completion of 15 years of aggregate service, an amount equal to one-half step above the maximum rate fixed in Section 4.158(b) for Policeman II, as calculated by the Director of the Office of Administrative and Research Services. (b) Upon completion of 15 and until completion of 20 years of aggregate service, an amount equal to one step above the maximum rate fixed by Section 4.158(b) for Policeman II, as calculated by the Director of the Office of Administrative and Research Services. (c) After the completion of 20 years of aggregate service, an amount equal to one and one-half steps above the maximum rate fixed in Section 4.158(b) for Policeman II, as calculated by the Director of the Office of Administrative and Research Services. 2. It is the intent of the Council in enacting this section that the longevity pay herein provided for shall be construed and deemed to be a privilege earned by merit and not a right, and it at any time any member s service is unsatisfactory, the Chief Administrative Officer of the Fire Department or the Police Department shall so certify to the Controller and upon such certification the payment of longevity pay for such member shall thereupon cease until

90 such time as the Chief Administrative Officer or his department again certifies that such member has achieved a satisfactory standard of service. 3. No member of the Fire Department or the Police Department employed in any other class other than Policeman, Policewoman, or Fireman shall be eligible to receive longevity pay. 4. All longevity payments herein provided shall be effective at the beginning of the pay period following a member s completion of the prescribed number of years of aggregate service. Based on Ord. No. 89,935. Amended by: Ord. No. 108,494; Ord. No. 132,519; Subdivs. (a), (b), (c), Subsec. 1., Ord. No. 138,851, Eff ; Subdivs. (a), (b), (c), Subsec. 1., Ord. No. 139,900, Eff ; Ord. No. 140,565, Eff ; Subdivs. (a), (b), (c), Subsec. 1, Ord. No. 140,656, Eff ; Ord. No. 140,820, Eff , Oper ; Ord. No. 141,416 repeals Ord. No. 140,820, Eff , Eff ; Ord. No. 173,308, Eff , Oper Sec Salary Adjustments on Amendment to the Compensation Plan. Whenever the schedule prescribed for any class of positions, or for one of the pay grades thereof, is changed by the Council, the salary rates of incumbents in such class of positions, or pay grades thereof, at the time of taking effect of the new schedule, shall be adjusted to the corresponding step in the range for said new schedule, and such incumbents shall retain their respective anniversary dates; provided, however, that in the event any such incumbent who, immediately prior to the time of taking effect of such new schedule was receiving compensation in his position at a rate higher than the corresponding rate of the salary range for the schedule prescribed for the class or pay grade to which his position is allocated, said incumbent shall receive salary at the next higher rate in the applicable salary range and if there is no higher rate in said range, he shall be continued at this existing rate and his position shall be designated in the departmental personnel ordinance for the department in which he is employed by adding the letter Y to the Code number applicable to the class of positions filled by such employee. Based on Ord. No. 89,935. Amended by: Subsec. (a), Ord. No. 140,820, Eff , Oper ; Subsec. (a), Ord. No. 140,820, repealed, Ord. No. 141,416,Eff , Oper Sec Salary Rate Following Discharge, Resignation and Consolidation of Municipalities. (a) Whenever any member of the Fire Department shall have resigned or shall have been discharged from the employ of his department and is thereafter re-employed therein, he shall, upon re-employment, be considered as a new member, and shall receive the compensation fixed by Section of this Code for initial appointment, provided, however, that the provisions of this subsection with respect to re-employment after discharge shall not apply to a member who is removed and thereafter reinstated pursuant to the provisions of Section 1060 or 1070 of the Charter. (b) Whenever, any person shall have entered the employ of the Fire Department or Police Department of the City of Los Angeles pursuant to the provisions of Section 1021 of the Charter by reason of the consolidation of any municipality with said City, the classification of the position filled by such person shall be determined by the Board of Civil Service Commissioners in the same manner as other positions are classified in accordance with the provisions of Section 1003 of the Charter, and such person shall be credited for the length of time he shall have served in the employ of such municipality in the position held at the time of consolidation and shall be eligible to receive compensation on the basis of the length of service in such position in said municipality. (c) Whenever any former member of the Los Angeles Police Department who resigned in good standing at the Civil Service rank of Sergeant or Detective, or any other Civil Service rank below Sergeant or Detective, and who returns to service after having passed all requirements to return to sworn service, shall be placed at the following salary step: LAST CIVIL SERVICE CLASS HELD Police Officer II Police Officer III and III + I Sergeant I and Sergeant II Detective I and Detective II SALARY Any step of the range as determined by the Chief of Police, but no lower than the step at time of his or her resignation. Top step of Police Officer II (Returns as Police Officer II). Top step of Police Officer II (Returns as Police II). Top step of Police Officer II (Returns as Police Officer II). Based on Ord. No. 89,935. Amended by: Ord. No. 140,820, Eff , Oper ; Ord. No. 141,416, Eff , Oper , repeals Ord. No. 140,820; Ord. No. 173,308, Eff , Oper ; Subsec. (a) amended, (c) added, Ord. No. 174,742, Eff

91 Sec Applicable Salary Rate Following Return From Service in Armed Forces. All members whose compensation is conditioned upon aggregate time of service in his department, who left the service of the Fire Department or Police Department to enter into active service in the armed forces of the United States, and all persons who, while on leave of absence from their respective department to serve in the Women s Army Auxiliary Corps, authorized and created by Act of Congress (Public Law 554, 77th Congress. Chapter 316, H.R. 6293, approved May 14, 1942) entered into active service in the armed forces of the United States, and return to active service in either of such departments, shall be entitled to receive salary at the step rates to which such persons would have been eligible had they continued in active service in their respective department. Based on Ord. No. 89,935. Sec Service Rating System and Standards. The Board of Civil Service Commissioners shall after consultation with the appointing authorities and other supervisory officials and members of the Fire Department and Police Department, establish by rule a service rating system and standards of performance for each class of position in said departments, and shall maintain records of performance and efficiency according to such service rating system based upon such standards. Such rules shall provide for a rating process and shall also prescribe the extent to which such rating shall be open to inspection by the affected members and the appointing authorities. The standards of performance so established as bases of service ratings shall have reference to the quality and quantity of work done, the manner in which the service is rendered, the faithfulness of employees to their duties, and such other objective factors and characteristics as, in the opinion of the Board of Civil Service Commissioners, will measure the value of the members to the said departments. Based on Ord. No. 89,935. Sec Temporary Police Officer Appointment Bonuses. Subject to all of the conditions set forth in this section, and beginning on the Operative Date of this section, the Los Angeles Police Department is authorized to provide a one-time bonus (Appointment Bonus) to eligible members of the Department. This bonus is not salary for pension purposes. Upon certification to the Controller by the Chief Administrative Officer of the Los Angeles Police Department that the member meets the eligibility requirements, the bonus shall be made in one or two payments as authorized below: (a) Payment upon completion of Police Officer Academy Training: Subject to the conditions listed in subsection (c) below, 1. Any person initially appointed to any position in the class of Police Officer (Code 2214) who graduates from the Police Academy on or after the operative date of this section, but no later than October 31, 2008, shall receive a lump sum payment of $2,500 upon graduation from the Police Academy. 2. Any person initially appointed to any position in the class of Police Specialist (Code 2217) who graduates from the Police Academy on or after the Operative Date of this section, but no later than March 31, 2009, shall receive a lump sum payment of $5,000 upon graduation from the Police Academy. 3. Any former member of the Los Angeles Police Department who prior to October 1, 2007, resigned in good standing at or below the Civil Service rank of Sergeant or Detective, and who in that prior service satisfactorily completed Academy training and probation, who returns to service and who completes Police Academy training on or after the Operative Date of this section, but no later than March 31, 2009, and receives compensation pursuant to Los Angeles Administrative Code Section 4.163, shall receive a lump sum payment of $5,000 upon completion of Police Academy training. (b) Payment upon completion of probation: Subject to the conditions listed in Subsection (c) below, 1. Any person initially appointed to any position in the class of Police Officer (Code 2214) who graduates from the Police Academy on or after the operative date of this section, but no later than October 31, 2008, shall receive a lump sum payment of $2,500 upon completion of the probationary period for the class and promotion and appointment to the classification of Police Officer II (2214-2). 2. Any person initially appointed to any position in the class of Police Specialist (Code 2217) who graduates from the Police Academy on or after the Operative Date of this section, but no later than March 31, 2009, shall receive a lump sum payment of $5,000 upon completion of the probationary period for the class and promotion and appointment to the classification of Police Officer II (2214-2). 3. Any former member of the Los Angeles Police Department who prior to October 1, 2007, resigned in good standing at or below the Civil Service rank of Sergeant or Detective, and who in that prior service satisfactorily completed Academy training and probation, who returns to service

92 and who completes Police Academy training on or after the Operative Date of this section, but no later than March 31, 2009, and receives compensation pursuant to Los Angeles Administrative Code Section 4.163, shall receive a lump sum payment of $5,000 upon completion of six consecutive months of service with a minimum performance rating of "meets standards". The qualifying six months of consecutive service must be completed within 24 months of completing Academy training and being assigned to a field position. 4. Any person initially appointed to any position in the class of Police Officer (Code 2214) who graduates from the Police Academy prior to the Operative Date of this section and whose probationary period for the class is completed with promotion and appointment to the classification of Police Officer II (2214-2) on or after July 1, 2008, but no later than March 31, 2009, shall receive a lump sum payment of $5,000 upon completion of the probationary period for the class and promotion to the classification of Police Officer II (2214-2), but shall receive no payment under subsection (a) or paragraphs 1. through 3. of subsection (b) of this section. 5. Any person initially appointed to any position in the class of Police Specialist (Code 2217) who graduates from the Police Academy prior to the Operative Date of this section and whose probationary period for the class is completed with promotion and appointment to the classification of Police Officer II (2214-2) on or after July 1, 2008, but no later than March 31, 2009, shall receive a lump sum payment of $10,000 upon completion of the probationary period for the class and promotion to the classification of Police Officer II (2214-2), but shall receive no payment under subsection (a) or paragraphs 1. through 3. of subsection (b) of this section. 6. Any former member of the Los Angeles Police Department who: (i) prior to October 1, 2007, resigned in good standing at or below the Civil Service rank of Sergeant or Detective and who in that prior service satisfactorily completed Academy training and probation, (ii) returns to service and completes Police Academy training prior to the Operative Date of this section, (iii) receives compensation pursuant to Los Angeles Administrative Code Section 4.163, and (iv) completes six consecutive months of service with a minimum performance rating of "meets standards" on or after July 1, 2008, but within 24 months of completing Academy training and being assigned to a field position, but no later than March 31, 2009, shall receive a lump sum payment of $10,000 upon completion of those six consecutive months of service with a minimum performance rating of "meets standards", but shall receive no payment under subsection (a) or paragraphs 1. through 3. of subsection (b) of this section. (c) Conditions for payment under this section: 1. In addition to the requirements set forth in Subsections (a) and (b), above, the member must sign an agreement that indicates the payment(s) shall be reimbursed pursuant to Subsection (d) of this section if the member leaves the Police Department voluntarily or involuntarily before the end of 60 consecutive months from the date of graduating from the Police Academy. 2. Eligibility for receipt of payments under this section is forfeited if, prior to meeting all eligibility requirements, the member voluntarily terminates, is involuntarily terminated, or accepts a transfer or appointment to another classification in the City that is not eligible to receive payments under this section. 3. Paid or unpaid leaves of absence from work for a period of more than seven consecutive work days shall extend the time for eligibility for the payment under subsection (b) of this section by the total number of days of leave. 4. Under no circumstances shall any member receive more than one Appointment Bonus under the provisions of this section, nor shall any member receive payment under the provisions of this section if he or she has received a similar bonus from any other City agency or department. Any member who receives a partial payment and has a break in service shall not be eligible for a second payment of the Appointment Bonus. For all purposes under this section, a payment under subsection (a) and a payment under paragraphs 1. through 3. of subsection (b) shall constitute one Appointment Bonus. 5. Under no circumstances shall any member who is recalled or reactivated to active duty pursuant to Charter Section 1410(a) or (b), or Los Angeles Administrative Code Sections or (e) or (f) receive compensation under this section. 6. Eligibility for, and the obligation to make, payments under Paragraphs 2. and 3. of Subsection (a) and Paragraphs 2. and 3. of Subsection (b) is limited and is subject to the availability of funds budgeted for that express purpose. (d) Repayment of Appointment Bonus payments: The amount of the Appointment Bonus shall be repaid if the member leaves the Police Department voluntarily or involuntarily before the end of 60 consecutive months after graduating from the Police Academy. The amount shall be repaid in full if the member leaves within six months, and thereafter the amount to be repaid shall be prorated based on the number of full consecutive months of the sixty completed prior to separation. The agreement signed pursuant to paragraph 1. of subsection (c) shall provide that repayments shall be recouped to the extent possible from vacation payments due the member at the time of separation from the City. Any additional amount owed shall be repaid by the member in a manner agreed to by the City and the member. Notwithstanding the foregoing, the City Administrative Officer may waive this repayment provision for employees whose separations are unavoidable due to extraordinary circumstances. (e) The provisions of this section shall not become operative, and no obligations or rights to payments of Appointment Bonuses shall arise, prior to the date on which the City Council accepts donations from private donors, individuals or entities, totaling at least One Million Dollars. That date shall be the Operative Date of this section. If the condition contained in the first sentence of this subsection (e) is not satisfied by June 30, 2008, this section shall be deemed repealed as of that date and shall have no force or effect.

93 Added by Ord. No. 179,342, Eff Amended by: Subsecs. (a)1. and (b)1. amended and Subsec. (c)6. added, Ord. No. 179,869, Eff ARTICLE 5 HOURS OF WORK, OVERTIME Section Overtime Premium Pay for Members Possessing Bilingual Skills. Sec Regular Hours of Work. Based on Ord. No. 89,935. Amended by: Subsec. (c), Ord. No. 128,485; Subdiv. (1), Subsec. (a), Ord. No. 137,042; Subdiv. (2), Subsec. (u), Ord. No. 137,490; Subsec. (b), Ord. No. 137,490; Subsec. (a), Subdiv. (1), adds second para., Ord. No. 140,487, Eff ; Subsec. (a), Subdiv. (1), first para., Ord. No. 140,780, Eff ; Subsec. (b), Subdiv. (1), adds third para., Ord. No. 144, 073, Eff ; Subsec. (b), Subdiv. (1), first para., Ord. No. 146,399, Eff Repealed by Ord. No. 176,297, Eff Sec Overtime. (a) (b) (c) (d) (e) (f) (None) (None) (None) (None) (None) (None) (g) Records of Overtime. Each department shall furnish the Controller a detailed record of overtime which is worked or compensated for in time off. The record shall include the name of the employee, the class, the dates and hours of overtime worked and the dates and hours when overtime is taken off. The Controller shall maintain for each department the balance of time remaining to be taken off. (h) Certificate of Authorization. The payroll upon which any payment for overtime is shown as provided herein shall be accompanied by a certificate executed by the general manager wherein such overtime was worked, which certificate shall show the authority therefor and the fact that such overtime was ordered in the best interest of the city. (i) Termination of Employment. Whenever an employee resigns, retires, or is discharged from the department in which he is employed he shall be paid in cash for all overtime compensation due him. (j) Payment for Overtime on Death of an Employee. In case of death of an employee, who, at the time of his death, has overtime credits due him, payment for such overtime credits shall be made in the same manner prescribed by Section of this chapter. (k) Effect of Overtime for Pension Purposes. For the purposes of Sections 1300 et seq. and of Sections 1400 et seq. of the City Charter, a member s credit for overtime work shall be reduced: 1. By any period of time off with pay which he shall have taken for any such overtime work; and 2. By any period of time which the Board of Pension Commissioners, for any such overtime work for which he shall have received a cash payment, shall have credited as part of his years of aggregate service pursuant to the provisions of Section 1326 of the City Charter or as part of his years of service pursuant to the provisions of Section 1432 of the City Charter.

94 Based on Ord. No. 89,935. Amended by: Subsec. (c), Ord. No. 135,557; Subsecs. (b) (e), Ord. No. 137,042; Subsec. (a), first para., Ord. No. 138,460, Eff ; Subsecs. (a), (e), Ord. No. 140,820, Eff , Oper ; Subsecs. (e), (g), Ord. No. 141,335, Eff ; Subsecs. (a), (e), repeals Ord. No. 140,820, Ord. No. 141,416, Eff , Oper ; Subsec. (e), Ord. No. 141,999, Eff ; Subsec. (e), Ord. No. 142,032, Eff ; Subsec. (c), Ord. No. 144,073, Eff ; Subsec. (f), second unnumbered para. added, Ord. No. 151,927, Eff ; Subsec. (f), Ord. No. 153,219, Eff ; Ord. No. 173,308, Eff , Oper ; Subsecs. (a) through (f) repealed, Ord. No. 176,297, Eff Sec Premium Pay for Members Possessing Bilingual Skills. (a) Whenever the chief administrative officer of the Fire Department or the Police Department determines that it is necessary or desirable that a position be filled by a person that is able to converse fluently in a language other than English, or speak, write and interpret a language other than English, he shall transmit to the Controller a written statement approving payment of a bilingual premium as provided by this section, to the member occupying such a position and possessing such bilingual skills. (b) After authorizing payment of a bilingual premium, the chief administrative officer of the Fire Department or the Police Department shall certify to the Controller the name of any member eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the employee has qualified under its standards of fluency and proficiency for said language. (c) Members employed in such positions and certified as being qualified by the Personnel Department shall receive as special pay a bilingual premium of 2 3/4 percent of their salary or wages for duties requiring that they converse fluently in a language other than English, or one salary schedule for duties requiring that they interpret and write a language other than English, in addition to conversing fluently in that language. (d) After authorization for the payment of a bilingual premium has been obtained, the chief administrative officer of the Fire Department or Police Department shall certify to the Controller the name of any member eligible for a bilingual premium and the Personnel Department shall certify to the Controller that the member has qualified under its standards of fluency and proficiency for said language. Added by Ord. No. 144,850, Eff Amended by: Ord. No. 145,929, Eff , Oper ; In Entirety, Ord. No. 155,161, Eff ; Subsec. (a), (b), (c), Ord. No. 158,612, Eff ; Ord. No. 173,308, Eff , Oper ARTICLE 6 VACATIONS, LEAVES Section Cash Payment Certain Military Leaves Military Leave with Pay Allowance of Sick Leave with Pay for Illness or Injury Not Sustained in Course of Employment Accumulation Allowance for Leave for Pregnancy Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties. Sec Vacation Leave With Pay. Based on Ord. No. 89,935. Amended by: Ord. No. 106,560; Subsec. (d) added Ord. No. 138,460, Eff ; Subsec. (b), Ord. No. 140,689, Eff ; Subsec. (e), added, Ord. No. 141,335, Eff ; Subsecs. (c) and (d), Ord. No. 143,444, Eff ; Subsecs. (a), (b), (e), (f), Ord. No. 146,826, Eff ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Cash Payment upon Separation. Based on Ord. No. 89,935. Amended by: Ord. No. 93,221; Ord. No. 143,444, Eff Repealed by Ord. No. 173,791, Eff Sec Cash Payment Certain Military Leaves.

95 In the event any member of the Fire Department or Police Department after the completion of his initial year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation, including vacation time accrued during the proportionate part of the year in which such leave is granted, may be made to such member at the salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such member shall furnish to his appointing authority two (2) certified copies of his orders, one to be filed in the department in which he is employed and the other with the Controller, or in lieu thereof, he shall furnish to such appointing authority upon forms provided by the Controller certified evidence of his entry into active service in the armed forces of the United States and the date thereof; provided, however, that presentation of the proof required under Section may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such member into active service in such armed forces. Based on Ord. No. 89,935. Amended by: Ord. No. 100,537. Sec Military Leave with Pay. (a) Every member of the Fire Department or Police Department who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to the provisions of the Military and Veterans Code of the State of California shall, before he is paid his salary or compensation during such leave, or any part thereof, as provided in said Code, furnish to his appointing authority two (2) certified copies of his orders, and one (1) copy to be filed in the department in which he is employed and the other with the Controller, or in lieu hereof, he shall furnish to such appointing authority upon form provided by the Controller certified evidence of his entry into active service of the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such member into active service in such armed forces and of the actual performance by him of ordered military duty during all or any part of such leave. (b) In determining whether a member has been in the service of the City for a period of not less than one year immediately prior to the date on which the absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required; provided, however, that service in any department having control of its own funds shall be counted in making such determination. Based on Ord. No. 89,935. Amended by Ord. No. 100,637. Sec Allowance of Sick Leave with Pay for Illness or Injury not Sustained in Course of Employment Accumulation. (a) Every member of the Fire Department or Police Department shall be entitled to sick leave with full pay as herein provided if he is compelled to be absent from his work on account of any illness or injury other than that caused by or arising from his own moral turpitude, or sustained in the course of or arising out of and proximately caused by his duties as a city employee. Such sick leave shall be allowed as follows: Commencing December 27, 1970, during the calendar in which he is appointed and during such subsequent calendar year, he shall be allowed not to exceed 12 working days leave at full pay, five working days at 75% of full pay, and five working days at 50% of full pay, plus the days of sick leave accrued and accumulated in the manner set forth hereinbelow. As used in this section and in Section of this Code, the term calendar year shall mean the period commencing on the first day of the payroll period during which January 1st occurs and ending on the day immediately preceding the first day of the payroll period during which the next succeeding January 1st occurs. The allowance of sick leave in this section provided for shall accrue and accumulate in the manner specified herein while the member is absent on military leave. (b) Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which if added to a member s accumulated sick leave at full pay, will exceed 100 working days, shall, as soon as practicable after the end of each calendar year be compensated for by cash payment of 50% of the salary rate current at the date of payment. If a member of the Fire Department retires from the service of the City or, if a member of the Fire Department who is eligible to retire on or after July 1, 1996 dies prior to retirement, any balance of accumulated sick leave at full pay remaining unused at the time of retirement or death shall be compensated to the member or, in the event of the death of the member, to his/her legal beneficiaries, by cash payment of 50% of the member s salary rate on the date of retirement or death. The City Council may, by resolution, authorize cash payment to the legal beneficiaries of any member of the Fire Department, who on or after January 1, 1990, is killed during the performance of job- related duties, for the balance of the member s accumulated full-pay sick leave at 100% of the member s salary rate on the date of his/her death. In no instance shall a member or his/her beneficiaries be compensated more than once for accumulated sick leave upon retirement and/or death of the member.

96 If a member of the Police Department becomes separated from the service of his department by reasons of retirement or death, any balance of accumulated sick leave at full pay remaining unused at the time of separation shall be compensated to the member or in the event of separation due to the death of the member, to his estate, by cash payment of 50% of the employee s salary rate current at such date of separation. In no instance will an employee or his estate be compensated more than once for accumulated full pay sick leave upon retirement or upon the death of the member. The City Council may, by resolution, authorize cash payment to the legal beneficiaries of a member of the Police Department who, on or after January 1, 1990, suffered or suffers a duty-related death, for the balance of the member s accumulated full-pay sick leave at 100% of the member s salary rate on the date of his/her death. In no instance shall a member or his/her beneficiaries be compensated more than once for accumulated sick leave upon retirement, death, or death in the performance of duties of the member. If a member becomes separated from the service of either the Fire Department or the Police Department by reason of resignation and is thereafter employed by either department within seven days after the effective date of said resignation, the unused balance of all sick leave, accrued and accumulated in the department from which the member resigned, as of the effective date of such resignation, shall be restored. If a member of the Fire Department or Police Department was, within seven days prior to becoming a member, an employee of any department of the City, including an employee member of the Fire Department or Police Department, the unused balance of all sick leave accrued and accumulated in the department from which the member resigned, as of the effective date of such resignation, shall be restored. (c) Any unused balance of sick leave at 75% of full pay at the end of any calendar year and any unused balance of sick leave at 50% of full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days at 75% pay and 100 working days at 50% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost. (d) In all cases where such member is compelled to be absent from duty on account of such illness or injury, he shall report the same as soon as practicable to his appointing authority, and to the Medical Services Division of the Personnel Department. The appointing authority of a member receiving any benefits under this section may, in his discretion and at such time as he deems necessary, require such member to be examined by the Medical Services Division of the Personnel Department, which shall report its findings to said appointing authority. (e) Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of eight hours in any one calendar year, but not less than one hour at any one time, which shall be included in the allowance of sick leave at full pay under this section for the purpose of securing preventative medical, dental, optical or other like treatment or examination. Based on Ord. No. 89,935. Amended by: Ord. No. 137,490; Ord. No. 138,460, Eff ; Ord. No. 139,809, Eff ; Subsecs. (a) (e), repeals (f), Ord. No. 140,780, Eff ; Subsec. (b), Ord. No. 143,444, Eff ; Subsec. (b), Ord. No. 145,773, Eff ; Subsec. (b), Ord. No. 146,400, Eff ; Subsec. (b), sentences at end of second and third paras., Ord. No. 170,794, Eff ; Subsec. (b), second and third para., Ord. No. 170,967, Eff ; Subsec. (b), Para. 2, Ord. No. 171,527, Eff Sec Allowance for Leave for Pregnancy Every member of the Fire Department or Police Department shall be entitled to use sick leave accrued pursuant to this article if that member is unable to work on account of her pregnancy, childbirth or related medical conditions. Added by Ord. No. 152,274, Eff , Oper Sec Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties. (a) Any member of the Fire Department or Police Department who is temporarily disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of his employment, shall receive as temporary disability compensation (Division IV of the Labor Code of the State of California) an amount equal to his base salary less the sum that would be deducted therefrom pursuant to Section of this Code or Charter Sections 1324, 1420, 1514, or 1614, as applicable, if he were actively performing his duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any temporary disability compensation pursuant to this subsection after he has been granted a pension, or for a period longer than one (1) year. In the event that the member is temporarily disabled and prevented by such temporary disability from returning to duty at the expiration of one (1) year, and said member has not been granted a pension prior to that time, he shall then receive temporary disability compensation at the rate provided in Division IV of the Labor Code of the State of California. (b) Any member of the Fire Department or Police Department who is disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of his employment, and a physician designated by the Personnel Department has certified that the member is permanently disabled and that the member is not fit by reason of the disability for any type of available duty, he shall receive as disability compensation (Division IV of the Labor Code of the State of California) an amount equal to his base salary less the sum, which would be deducted therefrom pursuant to Section of this Code or Charter Sections 1324, 1420, 1514 or 1614, as applicable, if he were actively performing his duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any disability compensation pursuant to this subsection after he has been granted a pension nor shall any member receive any temporary disability compensation pursuant to Subsection (a) of this section plus disability compensation pursuant to this subsection or any combination thereof for a period

97 longer than one (1) year. Further provided, that no disability compensation shall be paid pursuant to this subsection unless a written application for a disability pension is filed with the Department of Pensions as soon as practicable after the Fire Department or Police Department is notified that the condition of the disabled member has been declared permanent and stationary. (c) All issues and conflicts, including issuance of medical fact, which may arise by the application of this section, shall be resolved by the General Manager of the Personnel Department. (d) The employing department shall make the initial determination as to proximate cause of injury or illness, worker s compensation benefits shall be administered in accordance with the provisions of Division IV of the Labor Code by the General Manager of the Personnel Department, any dispute concerning the proximate cause of injury or illness shall be resolved in accordance with the advice of the City Attorney. The benefits of this section shall be administered in accordance with decisions of the Worker s Compensation Appeals Board. (e) Upon the operative date of this Subsection, employees in the classification of Chief Paramedic, Code 2300, shall be considered members of the Fire Department eligible for the benefits provided under this section. Based on ord. No. 89,935. Amended by: Ord. No. 99,770; Ord. No. 138,534, Eff ; Ord. No. 140,848, Eff ; Subsec. (e) repealed, Ord. No. 147,646, Eff ; In Entirety, Ord. No. 158,352, Eff , Oper ; Subsec. (e) added, Ord No. 168,262, Eff , Oper ; Ord. No. 173,308, Eff , Oper ; First Sentence of Subsec. (a) and First Sentence of Subsec. (b), Ord. No. 179,186, Eff Sec Allowance of Leave with Pay for Illness in Family. Based on Ord. No. 89,935. Amended by: Ord. No. 140,780, Eff Repealed by Ord. No. 173,791, Eff Sec Allowances for Leave Because of Family Deaths. Added by Ord. No. 140,780, Eff Repealed by Ord. No. 173,791, Eff ARTICLE 7 CERTIFICATE OF SERVICE Sec Definition of Member. Based on Ord. No. 67,778. Amended by: Ord. No. 95,021. Repealed by Ord. No. 173,791, Eff Sec Issuance of Certificate. Based on Ord. No. 67,778. Amended by: Ord. No. 95,021; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Computation of Service. Based on Ord. No. 67,778. Amended by: Ord. No. 173,308, Eff , Oper

98 Repealed by Ord. No. 173,791, Eff ARTICLE 8 BOARD OF RIGHTS Sec Fire and Police Department. Based on Charter, Secs. 135 and 202. Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 9 GENERAL PROVISIONS Section Employment of Personnel by Council Resolution Subject to Veto Power of Mayor. Sec Employment of Personnel by Council Resolution Subject to Veto Power of Mayor. Whenever requested by the appointing authority of the Fire Department or Police Department, the Council, by order or resolution, may grant authority for: (a) The employment of personnel in cases where no department personnel authority exists provided that the class of position in which such employment is to be made is contained in Section of this chapter, provided, however that any such order or resolution may, by its terms be made to take effect at the beginning of the next ensuing fiscal year from its adoption, but in no event shall such order or resolution be effective for any purpose beyond the end of this said ensuing fiscal year. (b) The filling of any position in conformity with the provisions of any department personnel ordinance or any amendment thereto pending the effective date of such ordinance or amendment, provided that such position is included in one of the classes of positions contained in Section of this chapter. Such employment authorization shall, before it becomes effective, be presented to the Mayor for his approval and for his signature if he approves it; if not, he shall endorse thereon the date of presentation to him and shall return it to the Council with his objections in writing. The Council, at its first meeting after the return of such employment authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases require the votes of twothirds (2/3rds) of the whole Council to pass such employment authorization over the veto of the Mayor. If any such employment authorization shall not be returned to the Council by the Mayor with his objections in writing within ten (10) days after it shall have been presented to him, it shall become effective and be valid, as if the Mayor had approved and signed it. Based on Ord. No. 89,935. Amended by: Subsec. (a), Ord. No. 105,931. Sec Regular Payrolls on Bi-Weekly Basis. Based on Ord. No. 89,935. Amended by: Ord. No. 137,490. Repealed by Ord. No. 173,791, Eff Sec Applicability of Chapter. Based on Ord. No. 89,935. Repealed by Ord. No. 173,791, Eff

99 ARTICLE 10 (Former Art. 10, Ch. 3, Div. 4, Renumbered and Relocated Ch. 11.5, Art. 10, Div. 4, by Ord. No. 154,536, Eff ) CHAPTER 4 PAYROLL AND REIMBURSEMENTS* *Titles of Chapter 4 and Article 1 amended by Ord. No. 141,335, Eff Article 1 Preparation, Certification and Approval of Payroll Reimbursements 2 Voluntary Payroll Deductions in General 3 Deductions for U.S. Savings Bonds 4 Execution of Judgment 5 Deductions for Employee Parking Fees 6 Deductions for Child and Spousal Support 7 Deductions for Vanpool Fares 8 Deductions for Golden State ScholarShare College Savings Trust ARTICLE 1 PREPARATION, CERTIFICATION AND APPROVAL OF PAYROLL REIMBURSEMENTS* *Titles of Chapter 4 and Article 1 amended by Ord. No. 141,335, Eff Section Procedure for the Preparation of Payroll and Reimbursements True Copy to Be Filed with Treasurer Preparation of Checks Non-applicability of Article. Sec Certification of Payroll. Based on 1925 Charter, Sec Amended by: Ord. No. 141,335, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Forms to Be Prescribed. Based on Ord. No. 88,707. Amended by: Ord. No. 141,336, Eff Repealed by Ord. No. 173,791, Eff Sec Procedure for the Preparation of Payroll and Reimbursements. The procedure for the preparation, certification, authentication and approval of such pay and reimbursement rolls shall be as follows: (a) After the end of each pay period the Controller shall furnish to each department, office or bureau payroll and reimbursement work sheets upon which shall be indicated, as shown on existing records on file in the Controller s office, the names and employee numbers of all persons employed or

100 authorized to be reimbursed in such department, office or bureau, the respective codes or positions under which such persons are employed, and the salary or wage rates of each employee specified thereon, together with other designations, symbols or notations, required by law or as may be required by the Controller. (b) The officer or employee authorized by the charter to expend the funds of a department, office or bureau shall cause to be made on such work sheets any changes or adjustments necessary for current payroll and reimbursement purposes, and after such changes or adjustments, if any, are made, such officer or employee shall certify to the accuracy of such work sheets; provided, however, that such officer or employee may by written designation, authorize an employee in the same department, office or bureau to make such certification, in which event a notice thereof giving the name and signature of the employee so designated and authorized, shall be filed with the Controller. The work sheets so certified shall be returned to the Controller for his verification and auditing. (c) From such work sheets so certified, as hereinbefore provided, final pay and reimbursement rolls shall be prepared in the office of the Controller extending the amount of earnings and entering thereon all mandatory and other authorized deductions and reimbursement amounts for each person whose name appears thereon. The Controller will show on a certification and approval form the amounts to be charged for payroll and reimbursements to the departmental funds and accounts. (d) Thereafter such pay and reimbursement rolls shall be submitted to the respective departments, offices or bureaus for official certification, authentication and approval in the manner and by the persons, as provided for in the charter or other provisions of law. The officer or employee authorized by the charter or other provisions of law to expend the funds of any department, office, or bureau shall authorize the transfer of such funds to the General Payroll and Reimbursement Fund in an amount not to exceed that shown on the certification and approval form in Section 4.196(c). (e) Each such pay and reimbursement roll so certified, authenticated and approved shall be returned to the Controller who shall submit the same to the Board of Civil Service Commissioners for its certification, pursuant to Charter Section 1020, and upon such certification by said Board, each such payroll shall be filed with the Controller who shall audit, certify and approve the same in the manner provided by the charter. Based on Ord. No. 88,707. Amended by: Ord. No. 107,432; Ord. No. 141,335, Eff ; Ord. No. 173,308, Eff , Oper Sec True Copy to Be Filed with Treasurer. The Controller, prior to the issuance of any check supported by the payroll and reimbursement demand approved by him, shall place on file with the office of the Treasurer a properly authenticated Internal Transfer Voucher stating the amounts charged to the respective departmental funds and accounts and credited to the General Payroll and Reimbursement Fund. The Controller shall certify that there are on file in his office properly authenticated documents authorizing him to transfer the amounts shown on the Internal Transfer Voucher. The payroll and reimbursement demand number shall be shown on the Internal Transfer Voucher. Based on Ord. No. 88,707. Amended by: Ord. No. 92,471; Ord. No. 141,335, Eff Sec Preparation of Checks. A check for the amount due each person as well as checks representing mandatory deductions and other deductions authorized by officers and employees, as shown and entered on such pay and reimbursement rolls, together with a statement showing the earnings and itemized deductions and reimbursements, which statement shall accompany each individual pay check, shall be prepared in the office of the Controller who shall endorse his approval on all checks supported by the payroll and reimbursement demand. Based on Ord. No. 88,707. Amended by: Ord. No. 141,335, Eff Sec Non-Applicability of Article. The provisions of this article shall not apply to the Department of Water and Power. Based on Ord. No. 88,707. Amended by: Ord. No. 141,335, Eff

101 ARTICLE 2 VOLUNTARY PAYROLL DEDUCTIONS IN GENERAL Section Authorization for Certain Deductions Deductions for Charitable Contributions Organizations Authorization to the Controller to Make Deductions Effect of Payment. Sec Authorization for Certain Deductions. (a) It is hereby found and determined that the hereinafter named organizations include in their membership or plans of insurance either City employees and/or annuitants. The term annuitants is hereby defined for purposes of Articles 2 and 3 hereof as a person receiving a pension pursuant to Part 3 of Article XI or is a former System Member under the provisions of Part 1 or Article XI of said charter and that all of said organizations perform services either conducive to the betterment of working conditions of City employees, or to the benefit of retired City employees and their survivors and, as such are calculated to promote greater efficiency in City service. Said organizations shall be included in one of the following three general categories: (1) recognized employee organizations which are bargaining representatives under current Memorandum of Understanding agreements with the City covering wages, hours and other terms and conditions of employment; (2) other organizations with a minimum membership of 250 active or retired City employees having at least 100 active or retired City employees maintaining enrollment in payroll dues deduction; and (3) nonprofit umbrella charitable organizations approved by the Police Department and serving local charities or organizations providing human, health or educational services. Subject to any limitations contained in any memorandum of understanding or ordinance implementing a memorandum of understanding, any employee or annuitant may authorize the payment by deduction of premiums, fees, dues, assessments or contributions to any or all of the following organizations, provided however, that nothing in this section shall affect the selection of voluntary deductions by active or retired members or annuitants of the Department of Water and Power. Deductions previously taken by the Controller from allowances by annuitants who are receiving a pension pursuant to Tiers 1 or 2 of Part 3 of Article XI as well as those who were former System Members of Part 1 of Article XI thereof, are hereby ratified and are deemed to be in full force and effect. Recognized Employee Organizations (Unions) (1) All City Employees Association, Local 3090, AFSCME, AFL-CIO (2) American Federation of State, County & Municipal Employees, Local 901 AFL-CIO (3) American Federation of State, County & Municipal Employees, AFL-CIO, Local 2626 (4) California Teamsters Public, Professional and Medical Employees Union, Local 911 (5) Engineers and Architects Association (6) International Organization of Masters, Mates & Pilots (7) International Union Operating Engineers, Local Union 501, AFL-CIO (8) Los Angeles Airport Peace Officers Association (9) Los Angeles City Attorneys Association (10) Los Angeles City Employees Union Local 347, AFL-CIO (11) Los Angeles City Fire Department Chief Officers Association (12) Los Angeles City Professional Medical Employees ACEA, Local 2006, AFSCME

102 (13) Los Angeles City Supervisors & Superintendents Association, Laborers' International Union of North America, Local 777, AFL-CIO and/or its Political Action Committee (PAC) (14) Los Angeles County Building and Construction Trades Council (15) Los Angeles Police Command Officers Association (16) Los Angeles Police Protective League (17) Los Angeles Port Police Association (18) Los Angeles Professional Managers Unit (19) Municipal Construction Inspectors Association, Inc., (MCIA) (20) United Firefighters of Los Angeles City, Local 112, IAFF, AFL-CIO Non-Union Employee Organizations (1) All City Employees Benefits Service Association (2) American Legion Post 381 (3) Los Angeles City Employees Association (4) Los Angeles Paramedics Relief Association (5) Los Angeles Retired Fire and Police Association (6) Affirmative Action Association for Women (7) Los Angeles City Employees Asian American Association (8) Los Angeles City Employees Chicano Association (9) Los Angeles Association of Black Personnel, Inc. (10) Los Angeles Firefighters Association (11) Latin American Law Enforcement Association (12) Oscar J. Bryant Foundation (13) Police Historical Society (14) Stentorians (15) Firefighters Federal Credit Union (16) Los Angeles Federal Credit Union (17) Los Angeles Department of Water and Power Credit Union (18) Police Federal Credit Union (19) Los Angeles Women Police Officers Association (20) Los Angeles Police Relief Association. (21) Los Angeles Fire Relief Association. (22) Law Enforcement Association of Asian Pacifics. (23) Los Angeles Fire Department Historical Society.

103 (24) Los Angeles Police Department Memorial Foundation (25) African American Firefighter Museum (26) Desert Refuge for Peace Officers Program (27) Los Angeles Police Department Jeopardy Program (28) Western Law Center for Disability Rights Program (29) Los Angeles Retired Fire and Police Association Political Action Committee (30) Gang Alternatives Program (31) William H. Parker Foundation (32) Los Angeles Police Foundation (33) Los Angeles Filipino Association of City Employees' (LAFACE) (34) American Diabetes Association (ADA) (35) California Association of Professional Firefighters (CAPF) long-term care and long-term disability programs. (36) Los Angeles City Supervisors & Superintendents Association, Laborers' International Union of North America, Local 777, AFL-CIO and/or its Union-sponsored benefits. (37) City of Hope. Non-union employee organizations shall file with the City Clerk within sixty (60) calendar days after the organization s fiscal year, an annual financial report including a balance sheet and an operating statement certified as to its accuracy by a certified public accountant or an independent financial officer. (b) The authorization for such deduction shall be in such form as the Controller may determine, shall be signed by the employee or annuitant, as the case may be, and delivered to the Controller and thereafter and until revoked or cancelled by such employee or annuitant, shall be effective as of the end of each respective pay period. Checks in the amounts due to the respective organizations, representing the amount deducted from such employees or annuitants paychecks, shall be prepared and issued to such organizations by the Controller after the close of each respective pay period. Provided, however, that when the administration of a charitable deduction plan conducted by an organization authorized to receive payroll deductions pursuant to Subsection (a) of this section is transferred from one organization to another, the Controller may transfer the payroll deduction from one organization to another and thereafter transmit checks in the amounts due pursuant to this subsection, without additional written authorization of each participating donor as set forth herein. The Controller may make such transfer if the Controller has on file the written requests for such transfer from both the organization undertaking the administration of the charitable deduction plan and the organization relinquishing administration of the plan, and provided further that each employee participating in the plan is notified not less than sixty (60) days in advance of such transfer, in writing by the Controller, that such transfer of administration has been jointly requested. The notice of change of administration shall further provide that if the employee - donor desires to continue said employees s present authorized deduction, subject to transfer of administration as jointly requested by the organizations named in the notice, the employee need not return the form, and that in such event the transfer shall be made without further notice or authorization on a date indicated on the notice. Each employee participating in the charitable deduction plan shall be permitted to cancel the payroll deduction for the benefit of said plan by the return of such form as the Controller may determine, signed by said employee donor. Prior to the effective date of any transfer of the administration of a charitable donation plan pursuant to this subsection, the organization to which such transfer is made shall have executed and delivered to the Controller and the City Clerk an Indemnification Agreement, to be approved by the City Attorney, which holds harmless and indemnifies the City of Los Angeles for all claims or damages arising out of the transfer of administration of the plan. (c) The Controller shall charge and collect from the organizations in Subsection (a) of this section a fee of nine cents ($0.090) for each deduction included in a check issued pursuant to Subsection (b) of this section, provided, however, that no fee shall be charged or collected for employee benefit programs administered by the City Personnel Department in accordance with Section of the Los Angeles Administrative Code and further provided that no fee shall be charged or collected for deductions made for Fire United Way, ACE Plan and Police Charity Plan. (d) Payroll deductions for charitable organizations shall be authorized only for nonprofit umbrella charitable organizations which serve local charities and organizations and have been approved by the Police Department pursuant to Section (a). An umbrella organization is defined as an organization that has current working agreements with at least 15 nonprofit charitable organizations which provide support for local charitable programs. Fund raising activities by City employees or others for such approved charitable organizations may be authorized by an appointing authority, however, such activities shall not interfere with an employee s regularly established City duties and responsibilities.

104 No manager, supervisor, or other person shall engage in or permit others to engage in solicitation activities of a coercive nature. Any instance of coercive activities regarding such solicitations shall be reported to the City of Los Angeles Social Service Department for investigation and appropriate action. Based on Ord. No. 77,738. Amended by: Ord. No. 127,330; Ord. No. 91,962; Ord. No. 101,341; Ord. No. 129,913; Ord. 102,530; Ord. No. 102,181; Ord. No. 107,602; Ord. No. 109,236; Ord. No. 109,715; Ord. No. 110,216; Ord. No. 110,217; Ord. No. 113,468; Ord. No. 114,266; Ord. No. 114,542; Ord. No. 115,706; Ord. No. 114,846; Ord. No. 142,659, Eff , Oper ; Ord. No. 143,389, Eff ; Ord. No. 144,181, Eff ; Ord. 144,543, Eff ; Ord. No. 144,546, Eff ; Ord. No. 144,622, Eff ; Ord. No. 146,032, Eff ; Ord. No. 146,790, Eff , Oper ; Ord. No. 146,835, Eff , Oper ; Ord. No. 147,177, Eff ; Ord. No. 148,045, Eff ; Ord. No. 148,686, Eff ; Ord. No. 148,884, Eff ; Ord. No. 149,617, Eff ; Ord. No. 150,432, Eff ; Ord. No. 150,432;Ord. No. 150,497, Eff ; Ord. No. 150,806, Eff ; Ord. No. 150,886, Eff ; Ord. No. 151,194, Eff ; Ord. No. 152,684, Eff ; Ord. 153,454, Eff ; Ord. No. 155,199, Eff ; Ord. No. 155,867, , Oper ; Ord. No. 155,931, Eff ; Ord. No. 157,203, Eff ; Ord. No. 159,163, Eff ; Ord. No. 160,490, Eff ; Ord. No. 163,241, Eff ; Ord. No. 167,575, Eff ; Ord. No. 168,346, Eff , In Entirety, Ord. No. 169,016, Eff ; Subsec. (a), Ord. No. 169,901, Eff ; Subsec. (a) (Non-Union) (20) and (21) added, Ord. No. 169,998, Eff ; Subsec. (a) (Non-Union) (22) added, Ord. No. 170,710, Eff ; Subsec. (a) (Non-Union) (23) added, Ord. No. 172,764, Eff ; Subsec. (a) (Non-Union) (23), Ord. No. 172,812, Eff ; Subsec. (a) (Non-Union) (24) added, Ord. No. 173,024, Eff ; Ord. No. 173,283, Eff , Oper ; Ord. No. 173,308, Eff , Oper ; Ord. No. 173,380, Eff ; Subsec. (a) (Non-Union) (26) added, Ord. No. 175,193, Eff ; Subsec. (a) (Non-Union) (27) added, Ord. No. 175,243, Eff ; Subsec. (a) (Non-Union) (28) added, Ord. No. 175,589, Eff ; Subsec. (a) (Union) (13) amended, Ord. No. 175,862, Eff , Oper ; Subsec. (a) (Non-Union) (29) added, Ord. No. 175,864, Eff ; Subsec. (a) (Non-Union) (32) added, Ord. No. 176,426, Eff ; Subsec. (a) (Non-Union) (30) added, Ord. No. 176,432, Eff ; Subsec. (a) (Non-Union) (31) added, Ord. No. 176,444, Eff ; Subsec. (a) (Non-Union) (34) added, Ord. No. 176,521, Eff ; Subsec. (a) (Non-Union) (33) added, Ord. No. 176,522, Eff ; Subsec. (a) (Non-Union) (35) added, Ord. No. 176,523, Eff ; Subsec. (a) (Non-Union) (36) added, Ord. No. 176,922, Eff ; Subsec. (a) (Non-Union) (37) added, Ord. No. 178,939, Eff Sec Deductions for Charitable Contributions. (a) Any employee may authorize the payment, by payroll deductions, of contributions to charitable organizations approved by the Police Department. The Department shall have the authority, pursuant to this article, to authorize such payroll deductions and to promulgate and administer rules to implement payroll deductions for charitable organizations. Such rules shall be submitted to and approved by the City Council. The number of voluntary deductions which a single employee may authorize under authority of both this section and Section of this Code shall not exceed the total of 15. (b) The authorization for such deductions shall be in such form as the Controller may determine, shall be signed by the employee and delivered to the Controller and thereafter, and until revoked or cancelled by such employee, or by the Police Department for cause as defined in its rules to implement payroll deductions for umbrella charitable organizations, shall be effective as of the end of each payroll period. Checks in the amount due to the named organization, representing the amounts deducted from employees pay checks, shall be prepared and issued to such organization by the Controller after the close of each payroll period. (c) No fee shall be charged or collected for voluntary payroll deductions made for the charitable organizations approved by the Police Department. Added by Ord. No. 144,153, Eff Amended by: Ord. No. 146,032, Eff ; Ord. No , Eff ; Ord. No , Eff ; Ord. No. 159,811, Eff ; Ord. No. 160,475, Eff ; Ord. No. 162,274, Eff ; Ord. No. 162,391, Eff ; Ord. No. 163,241, Eff ; Ord. No. 163,388, Eff ; Ord. No. 163,682, Eff ; Ord. No. 163,995, Eff ; Ord. No. 164,543, Eff ; Ord. No. 168,346, Eff ; Ord. No. 168,645, Eff , In Entirety, Ord. No. 169,016, Eff ; Ord. No. 173,283, Eff , Oper ; Subsec. (a), Ord. No. 173,410, Eff Sec Organizations Authorization to the Controller to Make Deductions. The organizations enumerated in Sections 4.203(a) and hereof are hereby authorized and directed to notify the Controller to make or cause to be made deductions from the salary or allowance of any employee or annuitant. Based on Ord. No. 77,738. Amended by: Ord. No. 144,543, Eff Sec Duties of the Controller. Based on Ord. No. 77,738. Amended by: Ord. No. 144,540, Eff Repealed by Ord. No. 173,791, Eff Sec Effect of Payment.

105 The payment to any employee of a pay check or demand or the payment to any annuitant of a retirement check equal to the difference between the salary earned or retirement allowance due and (a) deductions made pursuant to any written request accepted by the Controller, whether under the terms of this article or otherwise and (b) any deduction made pursuant to law, shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee during the period covered by such pay checks or demand or for the payment of the total retirement allowance due during the period for which such retirement check is paid. Based on Ord. No. 77,738. Amended by: Ord. No. 90,475; Ord. No. 144,546, Eff ARTICLE 3 DEDUCTIONS FOR U.S. SAVINGS BONDS Section Authorization for Deduction Duties of Controller Effect of Payment Trust Fund Termination of Employee or Death of an Annuitant Termination of Employee. Sec Authorization for Deduction. Any officer or employee of the City of Los Angeles, as well as an annuitant as heretofore defined in Section 4.203(a) hereof, may authorize the purchase, by the City Treasurer, from trust funds derived through voluntary deductions of United States Savings Bonds or similar United States obligations, on behalf of and to the credit and for the issuance to such officer, employee, or annuitant. The authorization for such deduction shall be in such form as the City Controller may determine, shall be signed by the officer, employee, or annuitant, and delivered to the City Controller and, thereafter, and until revoked or cancelled by such officer, employee or annuitant, shall be effective as to each and every pay period. Each pay period upon which any deductions are made as authorized herein shall be accompanied by a check or demand upon the General Payroll/Reimbursement Fund or the Retirement or Pension Fund against which such payroll, retirement or pension roll is issued in favor of the Employees Savings Bonds Trust Fund hereinafter established by this article. Based on Ord. No. 85,979. Amended by: Ord. No. 144,546, Eff Sec Duties of Controller. The Controller shall perform such duties as may be necessary in the handling of such deductions and shall perform any allied clerical work pertaining thereto. He shall deliver to the City Treasurer the checks or demands drawn in favor of said trust fund as provided in Section hereof. Based on Ord. No. 85,979. Amended by: Ord. No. 144,546, Eff Sec Effect of Payment. The payment to any officer or employee of a payroll check or demand or the payment to an annuitant of a retirement check equal to the difference between the salary earned or the retirement allowance due and the deductions made pursuant to this article, shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee during the period covered by such payroll check or demand or for the payment of the total retirement allowance due such annuitant during the period for which such retirement check is paid. Based on Ord. No. 85,979. Amended by: Ord. No. 144,546, Eff

106 Sec Trust Fund. That a trust to be designated as Employees Savings Bond Trust Fund is hereby created and established and the City Treasurer shall administer the same in accordance with the provisions hereof. It shall be his duty to receive all separate amounts deducted from payrolls, pension or retirement rolls, as herein provided and place the same in the trust fund hereby established. The Controller shall keep separate accounts showing the amounts which accumulate in the name and to the credit of each officer, employee, or annuitant authorizing such deduction. Whenever there shall accumulate to the credit of any such officer, employee or annuitant an amount of money in their respective accounts sufficient for the purchase of a United States Savings Bond or Bonds or similar United States obligations, as authorized by such officer, employee or annuitant, the Controller shall forthwith notify the City Treasurer of such fact and the City Treasurer shall forthwith purchase and issue to such officer, employee or annuitant, or to their duly authorized representative, a bond or bonds, or other United States obligations so purchased by him in their behalf. Before delivering any of the bonds so purchased the City Treasurer shall require each such officer, employee or annuitant, or their duly authorized representatives, to execute proper instruments evidencing the issuance and delivery of such bonds or similar United States obligations. In the event of the termination of service or employment or the occurrence of any other conditions provided for in Section hereof, the Controller shall furnish the City Treasurer with the amount then standing to the credit of the annuitant, or the officer or employee whose service or employment is being terminated. Based on Ord. No. 85,979. Amended by: Ord. No. 144,546, Eff Sec Termination of Employee or Death of an Annuitant. In the event that any officer s or employee s term of service or employment with the city terminates or the occurrence of the demise of an annuitant before the amount of his authorized deductions has accumulated in his account to an amount sufficient to purchase the bond or bonds, or in the event any such deduction is revoked or cancelled, a demand shall be drawn upon such fund for the amount then standing to the credit of said officer, employee, or annuitant to be delivered to him or the executor or administrator of the estate of such deceased person, or to any other person legally authorized to receive property due said decedent, upon the closing of said account. Based on Ord. No. 85,979. Amended by Ord. No. 116,527; Ord. No. 144,546, Eff Sec Termination of Employee. In the event that any officer s or employee s term of service or employment with the city terminates before the amount of his authorized deductions has accumulated in his account to an amount sufficient to purchase the bond or bonds, or in the event any such payroll deduction is revoked or cancelled, a demand shall be drawn upon such fund for the amount then standing to the credit of said officer or employee to be delivered to him upon the closing of said account. Based on Ord. No. 85,979. ARTICLE 4 EXECUTION OF JUDGMENT Sec Section Code of Civil Procedure. Based on Ord. No. 81,523. Amended by: Ord. 149,347, Eff Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 5 DEDUCTIONS FOR EMPLOYEE PARKING FEES

107 Section [No Title.] Sec (a) Authorization. Any employee who is assigned a parking space by the Personnel Department may, if required to pay a parking fee therefor, authorize the payment of said fee by payroll deduction, provided that the number of voluntary payroll deductions by said employee shall not exceed ten. The authorization for such deduction shall be in such form as the City Controller may determine, shall be signed by the employee and delivered to the City Controller and, thereafter, until revoked or cancelled by such employee, shall be effective as of the end of each respective payroll period. (b) Refund. In the event the deduction taken applies in whole or in part to a month subsequent to the month in which an employee terminates the use of an assigned parking space, the employee is entitled to a refund of that portion of the deduction applying to such subsequent month. (c) Effect of Payment. The payment to any employee of a paycheck or demand equal to the difference between the salary earned and deductions made pursuant to this article shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee during the period covered by such payroll check or demand. (d) Duties of the Controller. (1) The Controller shall perform such duties as may be necessary in the collection of such deductions, shall advise the Personnel Department as to the names of those employees who have authorized such deduction, and shall pay such amounts to the Personnel Department. (2) The Controller shall neither charge nor collect any fee for services performed hereunder. Added by Ord. No. 146,894, Eff Amended by: Ord. No. 151,322, Eff , Oper ; Subsecs. (a) and (d), Ord. No. 152,427, Eff ; Subsec. (a), (d), Ord. No. 167,373, Eff ARTICLE 6 DEDUCTIONS FOR CHILD AND SPOUSAL SUPPORT Section [No Title.] Sec (a) Authorization for Deduction. Any employee of the City of Los Angeles may authorize the payment of child support and/or spousal support by payroll deduction, provided that the number of voluntary payroll deductions by the employee shall not exceed 15. The authorization for such deduction(s) shall be in such form as the Controller may determine, signed by the employee, delivered to the Controller and effective thereafter as of the end of each respective payroll period, until revoked or canceled by the employee. (b) Duties of Controller. The Controller shall perform such duties as may be necessary in the processing of such deductions and shall perform any attendant clerical work pertaining thereto. The Controller shall neither charge nor collect any fee for services performed under this article. Added by Ord. No. 163,306, Eff Amended by: Article 6 Title and Section, In Entirety, Ord. No. 169,315, Eff ; Subsec. (a), Ord. No. 170,061, Eff ARTICLE 7 DEDUCTIONS FOR VANPOOL FARES Section [No Title.]

108 Sec (a) Authorization. Any employee of the City of Los Angeles who is a passenger on a City Employee Rideshare Program vanpool vehicle may, if required to pay vanpool fares therefor, authorize the payment of said vanpool fares by payroll deduction, provided that the number of voluntary payroll deductions by said employee shall not exceed ten. The authorization for such deduction shall be in such form as the City Controller may determine, shall be signed by the employee and delivered to the City Controller and, thereafter, until revoked or cancelled by such employee, shall be effective as of the end of each respective payroll period. (b) Refund. In the event the deduction taken applies in whole or in part to a month subsequent to the month in which an employee withdraws from a vanpool, or in which an employee s vanpool is terminated, the employee is entitled to a refund of that portion of the deduction applying to such subsequent month, provided that the employee has complied with the provisions of the Passenger Agreement contained in the City s Vanpool Program Manual. (c) Effect of Payment. The payment to any employee of a paycheck or demand equal to the difference between the salary earned and deductions made pursuant to this article shall constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee during the period covered by such payroll check or demand. (d) Duties of the Controller. The Controller shall perform such duties as may be necessary in the processing of such deductions, shall advise the Personnel Department as to the names of those employees who have authorized such deductions, and shall pay such amounts to the Personnel Department for deposit into the City Employee Rideshare Fund. The Controller shall neither charge nor collect any fee for services performed under this article. Added by Ord. No. 167,050, Eff ARTICLE 8 DEDUCTIONS FOR GOLDEN STATE SCHOLARSHARE COLLEGE SAVINGS TRUST Section Authorization for Deduction Duties of Controller Effect of Payment. Sec Authorization for Deduction. Any employee of the City of Los Angeles may authorize the contribution, by payroll deduction, into the various tax-deferred investment options of the Golden State ScholarShare College Savings Trust, on behalf of a designated beneficiary to provide for qualified higher education expenses. The authorization for such deduction shall be in a form the City Controller may determine, shall be signed by the employee and delivered to the City Controller and thereafter, until revoked or cancelled by such employee, shall be effective as of the end of each payroll period. Each pay period upon which any deductions are made as authorized in this article shall be accompanied by a check or demand upon the General Payroll/Reimbursement Fund against which the payroll is issued in favor of the Golden State ScholarShare Trust established by this article. Added by Ord. No. 175,580, Eff Sec Duties of Controller. The Controller shall perform such duties necessary in the handling of these deductions and shall perform any attendant clerical work. The Controller shall deliver to the City Treasurer the checks or demands drawn in favor of said trust as provided in Section The Controller shall charge and collect from participating employees a fee of $0.50 for each deduction taken pursuant to this article. Added by Ord. No. 175,580, Eff Sec Effect of Payment. The payment to any employee of a paycheck or demand equal to the difference between the salary earned and deductions made pursuant to this article shall

109 constitute a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by the employee during the period covered by the payroll check or demand. Added by Ord. No. 175,580, Eff CHAPTER 5 REIMBURSEMENT FOR CERTAIN EXPENSES INCURRED BY CITY EMPLOYEES Article 1 Payment for Travel of Certain Employees from Their Homes to Temporary Job Location and from Job-to-Job Locations 2 Use of Privately Owned Automobiles on City Business and Reimbursement Therefor 3 Reimbursement of Vehicle Parking Fees and Telephone Charges 4 Policy for Travel Expenses, Non-travel Expenses and Elected Officials Contingency Account Expenditures ARTICLE 1 PAYMENT FOR TRAVEL OF CERTAIN EMPLOYEES FROM THEIR HOMES TO TEMPORARY JOB LOCATION AND FROM JOB-TO-JOB LOCATIONS* *Title of Article 1 amended by Ord. No. 141,335, Eff Section Definitions Authority for Travel Compensation Job-to-Job Compensation Rate of Payment Job-to-Job Reimbursement Maximum Reimbursement Travel Between Home and Headquarters Temporary Assignment Becoming Permanent Applicability of Article Forms Required. Sec Definitions. The words and terms defined in this section shall have the following meaning as used in this article: (a) Temporary Assignment shall mean a work assignment to a location other than headquarters lasting for a period of 30 days or less. (b) Headquarters shall mean those places and assignment to which an officer or employee is required to report for instructions such as the City Hall or any of its branches, various departmental or divisional yards, plants or stations or similar places of assignment. (c) Department shall mean any department, bureau or office of the government of the City of Los Angeles, except those departments which, under the charter, have control of their own definite revenues or funds. (d) Job-to-Job shall mean the change within a work day from one work assignment location to another requiring travel. (e) A split shift shall mean a day s work consisting of nonconsecutive hours, of two or more working periods, separated by a period of time in excess of two hours, exclusive of meal periods or rest periods. Based on Ord. No. 122,317. Amended by: Ord. No. 141,335, Eff ; Subsec. (e), added by Ord. No. 157,181, Eff , Oper

110 Sec Authority for Travel Compensation. Whenever the Board or officer in charge and in control of any department shall determine that it is for the best interest of the city and will promote the proper and efficient conduct of public work to require that any officer or employee of such department report directly from his home to a place of temporary assignment of work in the morning and return directly to his home from a temporary assignment of work in the evening, such officer or employee shall be compensated for travel in the manner hereinafter prescribed. Authority for such compensation shall be obtained in the following manner: (a) Said Board or officer shall be responsible for the administration of payment for travel of qualifying employees from their homes to temporary job locations and return, under the provisions of this article, subject to review by the Director of the Office of Administrative and Research Services. (b) The Director of the Office of Administrative and Research Services shall prescribe the procedure for such review and shall file with the Controller an approved list of all authorities for travel compensation as a basis for payment under this article. Based on Ord. No. 122,137. Amended by: Ord. No. 129,801; Ord. No. 141,335, Eff ; Ord. No. 173,308, Eff , Oper Sec Job-to-Job Compensation. Whenever the Board or officer in charge and in control of any department shall determine that it is for the best interest of the city and will promote the proper and efficient conduct of public work to require that any officer or employee of such department report from job-to-job, such officer or employee shall be compensated for travel as provided in Section Authority for such compensation shall be obtained as provided in Section 4.221(a) and (b). Added by Ord. No. 141,335, Eff Sec Rate of Payment. Any officer or employee so required to travel directly between his home and place of temporary assignment as provided in Section of this Code shall receive payment at the rate of one dollar and twenty cents ($1.20) for each day that such travel occurs. Based on Ord. No. 122,137. Amended by: Ord. No. 141,335, Eff ; Ord. No. 141,591, Eff ; Ord. No. 146,047, Eff , Oper ; Ord, No. 153,070, Eff Sec Job-to-Job Reimbursement. Any officer or employee required to travel from job-to-job shall receive payment at the rate of one dollar and twenty cents ($1.20) for each day that such travel occurs. Added by Ord. No. 141,335, Eff Amended by: Ord. No. 153,070, Eff Sec Maximum Reimbursement. Any officer or employee who qualifies for reimbursement under the provisions of both Section and Section shall be entitled to receive a maximum of $1.75 per day for each day so qualified. Added by Ord. No. 153,709, Eff Sec Travel between Home and Headquarters. No officer or employee of the City shall be compensated for travel between his/her home and headquarters except as provided in Section of the Los Angeles Municipal Code.

111 Based on Ord. No. 122,137. Amended by: Ord. No. 141,335, Eff ; Ord. No.165,929, Eff Sec Temporary Assignment Becoming Permanent. If any officer or employee who is eligible for payment for travel under the provisions of this article continues to report directly from his home to a temporary assignment for more than 30 days, such assignment shall be deemed thereafter to be permanent and no further payment for travel shall be allowed to him while he is working on such assignment. Based on Ord. No. 122,137. Sec Applicability of Article. The provisions of this article shall apply to temporary and job-to-job assignments of work on any day during the week, including Saturdays, Sundays and holidays, regardless of what hour an officer or employee is required to report for work. No payment under this article shall be made to any person who uses a cityowned vehicle or who is reimbursed for transportation expenses under Article 2 of this chapter for travel between his home and a temporary assignment. Based on Ord. No. 122,137. Amended by: Ord. No. 141,335, Eff Sec Forms Required. The Director of the Office of Administrative and Research Services with the approval of the Controller shall prescribe the report or other forms to be used as a basis for payment under this article. Based on Ord. No. 122,137. Amended by: Ord. No. 141,335, Eff ; Ord. No. 173,308, Eff , Oper ARTICLE 2 USE OF PRIVATELY OWNED AUTOMOBILES ON CITY BUSINESS AND REIMBURSEMENT THEREFOR Section Authority for Use Reimbursement Guarantee Insurance Required Use Regulations Speedometers Reports Automobile Allowance - General Managers and Elected Officials. Sec Authority for Use. Whenever the Board or officer in charge and control of any department of this city shall determine that the proper and efficient performance of the duties of any officer or employee of such department or office requires that such officer or employee be permitted to use therein an automobile owned by him, or under his possession, or under his control, such officer or employee may be authorized to use said automobile in city service in the following manner: (a) Said Board or officer shall be responsible for the administration of the use of privately-owned automobiles under the provisions of this article, subject to review by the Director of the Office of Administrative and Research Services.

112 (b) The City Administrative Officer shall prescribe the procedure for such review. Based on Ord. No. 86,626. Amended by: Ord. No. 129,802; Ord. No. 173,308, Eff , Oper ; Subsec. (b), Ord. No. 179,994, Eff Sec Reimbursement Each officer or employee who is authorized to use his/her own vehicle in the performance of his/her duties shall be reimbursed for transportation expenses for all miles travelled in any bi-weekly period, in addition to any and all salaries and other compensation otherwise provided for by law. The cents-per-mile reimbursement rate shall be in accordance to an amount equal to the annual standard car mileage allowance as determined by the Internal Revenue Service. The Director of the Office of Administrative and Research Services shall certify to the Controller appropriate changes, if required, to become effective the beginning of the pay period in which January 1 falls. Based on Ord. No. 86,626. Amended by: Ord. No. 135,637; Ord. No. 141,335, Eff ; Ord. No. 142,726, Eff ; Ord. No. 146,047, Eff , Oper ; Ord. No. 149,011, Eff , Oper ; Ord. No. 150,272, Eff ; Ord. No. 150,868, Eff , Oper ; Ord. No. 152,765, Eff ; Ord. No. 153,070, Eff ; In Entirety, Ord. No. 155,667, Eff , Oper ; In Entirety, Ord. No. 166,959, Eff ; In Entirety, Ord. No. 170,101, Eff , Oper ; In Entirety, Ord. No. 170,864, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Guarantee. Each officer or employee qualifying for reimbursement under this article shall be guaranteed, each pay period, mileage reimbursement equal to the number of days in the pay period for which the officer or employee receives reimbursement under the provisions of Section of this article, times ten miles. Based on Ord. No. 86,626. Amended by: Ord. No. 110,039; Ord. No. 141,335, Eff ; In Entirety, Ord. No. 164,881, Eff Sec Insurance Required. No such authority shall be granted for the use of any privately owned vehicle for purposes within the scope and course of public duties unless the officer or employee to whom such authority is granted shall have first obtained, and maintains throughout the period of such use in full force and effect, a satisfactory policy of public liability insurance covering the full use and operation of the vehicle in question. The limits of liability on any such policy shall not be less than $25,000 in the case of injury to or death of one person, and $50,000 in the case of injury to or death of more than one person, and in the case of property damage, not less than $5,000 in any one accident. The cost of such insurance policy shall be borne by the officer or employee authorized hereunder to use the vehicle. Evidence of insurance in the form of a Certificate of Insurance (original signed copy), or other documentation acceptable to the City Attorney, shall be submitted to the appointing authority of the employing department. Based on Ord. No. 86,626. Amended by: In Entirety, Ord. No. 164,881, Eff Sec Use Regulations. In addition to any rule and regulation, not in conflict herewith, that may be established by any board or officer to govern the use of privately owned vehicles in the course of public duties, the following regulations shall apply generally to such use: a. Each officer and employee required to make intermittent trips originating and terminating in the City Hall shall use the pool car service of the City Hall Garage whenever reasonably and practically possible. b. Each officer and employee who reports to his headquarters at the beginning and at the end of his scheduled hours of work shall be reimbursed for all mileage traveled on city business from his headquarters at the beginning of work until he reaches headquarters at the end of work. No such officer or employee shall be reimbursed for mileage traveled between his home and headquarters or between his headquarters and home. c. Each officer and employee who reports to his headquarters at the beginning of his scheduled hours of work and returns directly to his home from his last field job shall be reimbursed for all mileage traveled on city business from his headquarters at the beginning of the work schedule until he reaches his last field job and shall also be reimbursed for any mileage traveled between his last field job and home which is in excess of the mileage from his headquarters and home. No such officer or employee shall be reimbursed for mileage traveled between his home and headquarters.

113 d. Each officer and employee who reports directly to a field job at the beginning of his scheduled hours of work and reports to his headquarters from his last job shall be reimbursed for all mileage traveled on city business from his first field job at the beginning of the work schedule to his headquarters at the end of the work schedule and shall also be reimbursed for any mileage traveled between his home and his first field job at the beginning of the work schedule which is in excess of the mileage from his home to headquarters. No such officer or employee shall be reimbursed for mileage traveled between his headquarters and home. e. Each officer and employee who reports directly to a field job at the beginning of his scheduled hours of work and returns directly to his home from a field job at the end of the work schedule shall be reimbursed for all mileage traveled on city business from his field job to his last field job and shall also be reimbursed for any mileage traveled from his home to his first field job which is in excess of the mileage from his home to headquarters, and for any mileage traveled between his last field job and home which is in excess of the mileage from his headquarters to home. f. For each officer and employee for whom reimbursement for mileage traveled on city business is authorized, the administrative head of the department, bureau or office shall assign a permanent headquarters for use in calculating the home-to-headquarters mileage deduction. The term headquarters as used above applied to those places of assignment to which the employee is required to report for instructions, such as in City Hall, Branch City Halls, various departmental or divisional yards, plants and stations and similar places of assignment. (1) Should the work of an employee be such that he is not required to report to such a place for instructions, a headquarters near his area of assignment shall be designated by the administrative head for purposes of this subsection. (2) Should the work assignment of an employee be of a special nature, requiring unusual knowledge or skill, and if location of this job assignment is significantly more distant from his home than his normal work assignment; a headquarters which is the normal distance from the employee s home may be designated by the administrative head during the period of special assignment. g. The term job as used above applies to those places of assignment to which the employee is occasionally required to report for the purpose of inspections, investigations, supervision, or work. h. In the event of a temporary change of headquarters, for a period of 30 days or less, the new location shall be classified as a job assignment; provided, however, that if the employee continues to report at the new headquarters for more than 30 days that location shall be considered thereafter as the permanent headquarters of the employee. This subsection shall not apply to a change of headquarters during a period of special assignment to Subdivision (2) of Subsection f of this section. i. Any officer or employee who, in case of an emergency caused by unforeseen circumstances affecting the health, safety and welfare of the City or its inhabitants, is required to report at a time other than during the employee s normal working hours to the employee s headquarters or directly to a field job and who returns therefrom to the employee s home, shall be reimbursed for all mileage traveled on City business from the employee s home until the employee returns to the employee s home. j. Any officer or employee who is required to report to work more than once during any scheduled workday shall be reimbursed for all mileage traveled on City business from the employee s home until the employee returns to the employee s home for all trips in excess of one round trip. Based on Ord. No. 86,626. Amended by: Ord. No. 130,281; Ord. No. 141,427, Eff ; Ord. No. 157,181, Eff , Oper ; Subsec. (i), Subsec. (j) added, Ord. No. 158,945, Eff , Oper Sec Speedometers. Each employee who is authorized to use his privately-owned car in city service shall be required to maintain the speedometer of his car in working order at all times. Failure to report speedometer readings as required by the regular mileage report form shall be cause for the disallowance of any reimbursement for mileage traveled during the particular period involved. Based on Ord. No. 86,626. Sec Reports. The Controller is hereby instructed to devise a combination daily work report and mileage report form upon which each employee will record the speedometer readings and trip itinerary as well as the work performed, and such data will constitute the basis upon which reimbursement shall be made for the use of his automobile.

114 Based on Ord. No. 86,626. Sec Automobile Allowance - General Managers and Elected Officials. A general manager, as defined in Section 4.321, or an elected official who elects to use his/her own vehicle on a regular basis in the performance of his/her duties, in lieu of an assigned City vehicle, shall receive an allowance of $ per month. General managers and elected officials who receive an allowance in accordance with this section shall not be subject to the reimbursement and use regulations contained in Sections and Sections However, they shall be subject to the insurance requirements of Section Evidence of insurance shall be submitted to the Controller prior to initial receipt of the allowance and upon each renewal of the policy. Added by Ord. No. 171,270, Eff (See Sec. 5 of this Ordinance No. 171,270 regarding operative date.) ARTICLE 3 REIMBURSEMENT OF VEHICLE PARKING FEES AND TELEPHONE CHARGES* * NOTE: Title of Article 3 amended by Ord. No. 141,335, Eff Section Determination That Reimbursement Should Be Allowed Telephone Reimbursements Administration of Reimbursements Statement of Authorization Definitions. Sec Determination That Reimbursement Should Be Allowed. Whenever the Board or officer in charge and control of any department of this City shall determine that the proper and efficient performance of the duties of any officer or employee of the department or office requires that such officer or employee be permitted to park the vehicle used by him in the performance of his duties in a place where a charge is made for such parking, such officer or employee may be reimbursed for the actual cost of such parking fee or charge under any of the following conditions: (a) Reimbursement may be authorized to any officer or employee who is eligible for travel compensation pursuant to the provisions of Article 1 of this chapter. (b) Reimbursement may be made to any officer or employee who is eligible for mileage reimbursement pursuant to the provisions of Article 2 of this chapter. (c) his duties. Reimbursement may be authorized to any officer or employee who is authorized to use an automobile owned by the City in the performance of Based on Ord. No. 133,161, Eff Amended by: Ord. No. 141,335, Eff Sec Telephone Reimbursements. Whenever the Board or officer in charge and in control of any department shall determine that it is for the best interest of the city, and will promote the proper and efficient conduct of public work, he may authorize any officer or employee of such department to be reimbursed for the actual cost of telephone calls on city business under the same conditions as set forth in Section 4.238(a), (b) and (c). Added by Ord. No. 141,335, Eff

115 Sec Administration of Reimbursements. The administrative head of any office or department in which the officer or employee seeking reimbursement under the section is employed shall be responsible for the administration of any reimbursement authorized under the provisions of this article subject to review by the Director of the Office of Administrative and Research Services. Based on Ord. No. 133,161, Eff Amended by: Ord. No. 141,335, Eff ; Ord. No. 173,308, Eff , Oper Sec Statement of Authorization. The Director of the Office of Administrative and Research Services shall file with the Controller a statement of all reimbursement authorities as a basis for payment under this article. Based on Ord. No. 133,161, Eff Amended by Ord. No. 141,335, Eff ; Ord. No. 173,308, Eff , Oper Sec Definitions. Department shall mean any department, bureau or office of the government of the City of Los Angeles, except those departments which, under the Charter, have control of their own definite revenues or funds. Based on Ord. No. 133,161, Eff Amended by: Ord. No. 141,335, Eff ARTICLE 4 POLICY FOR TRAVEL EXPENSES, NON-TRAVEL EXPENSES AND ELECTED OFFICIALS CONTINGENCY ACCOUNT EXPENDITURES Section Scope Definitions Allowable Travel Costs Non-reimbursable Travel Costs Expenses Not Involving Travel Exclusive of Contingent Expenses Contingency Expense Documentation of Expenses Documentation of Purpose and Benefit of Travel Advances and Reimbursements of Funds Required Approval. Sec Scope. The purpose of this article is to establish City policy relative to: (1) allowable costs for travel and for non-travel related expenses for all City employees and elected officials and, (2) reimbursable expenses for elected officials contingency accounts. This article applies to all costs incurred under the stated categories notwithstanding the source of funds and supersedes all existing provisions governing expenditures for these purposes. Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff

116 Sec Definitions. The words and terms defined in this section shall have the following meanings in this article: (a) Department means any department, bureau, agency, body, office, or Board of the City of Los Angeles. (b) Department head means the general manager, Board, body, or elected or appointed officer having control and management of any department. In the case of the City Council, each member of the Council shall be considered as the Department head for his or her staff, and the President of the Council or his or her designated representative shall be considered the Department head for all other Council employees. (c) (d) Employee means any officer or employee of the City other than an elected official. Elected official means the Mayor, each member of the City Council, the City Controller or the City Attorney. (e) Convention means a regularly recurring or special conference or meeting of the membership of a professional, technical, fraternal or any other type of organization the subject matter of which conference or meeting only broadly relates to City operations. (f) Travel costs include all transportation costs, registration or attendance fees, subsistence costs and other costs reasonably and necessarily incurred which are paid for by the City or which are paid for by the employee or elected official subject to reimbursement by the City when an employee or elected official is required to travel outside the geographic boundaries of Los Angeles County on official City business. (g) Non-travel costs include all transportation costs, registration or attendance fees, subsistence costs and other costs reasonably and necessarily incurred which are paid for by the City or which are paid for by the employee or elected official subject to reimbursement by the City when an employee or elected official is conducting official City business within the geographic boundaries of Los Angeles County. (h) To constitute official City business, the activities of an employee or elected official of the City of Los Angeles shall demonstrate: 1. A valid City interest to be served or gained thereby; or 2. Relevance to the City operations or the individual s role in such operations; or 3. The promotion or development of City programs, methods or administration; or 4. Compliance with instructions or authorization of the Mayor or the City Council. Art. 4, Chap. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff Sec Allowable Travel Costs. It is expected in each instance that an employee or elected official will only incur expenses that a reasonable and prudent person would incur if traveling on personal business. It is also expected that before an employee or elected official incurs expenses due consideration be given to such factors as suitability, convenience, and the nature of the business involved. The following costs are allowable where in conformity with Charter requirements, when employees and elected officials travel on official City business: (a) Transportation Expenses. 1. Except in the case of official necessity, air travel expenses are allowable only for the lowest regular fare available for regularly scheduled airlines for the date and time selected. Claims for reimbursement of higher fare or extra charges for transportation by scheduled airlines are allowable only if certified by the Department head that he or she has reviewed and concurs with the facts constituting the official necessity. 2. In the case of travel by modes of transportation other than regularly scheduled airlines, transportation costs shall be the regular fare for the mode of transportation chosen. In the instance of the use of private automobile, mileage shall be in accordance with mileage provisions of Division 4, Chapter 5, Article 2 of the Administrative Code. In all instances where a mode of transportation other than regularly scheduled airlines is chosen, the Department head shall authorize such alternate mode of transportation in advance and the allowable cost shall be the actual cost of the alternate mode of transportation or the cost allowable under Subsection (a)1, whichever is less. (b) Meals and Lodging. In the selection of restaurants and hotel rooms, it is expected that individuals will seek moderately priced establishments of acceptable quality. 1. An employee or elected official must consider transportation costs, time and other relevant factors in selecting the most economical and practical accommodations. This section is not intended to preclude an employee or elected official from staying in a hotel where the meeting or

117 convention to be attended is held. 2. Expenses incurred by an employee or elected official for food and beverage served at meals, scheduled receptions or other functions necessary for the conduct of City business are allowable to a maximum of three meals a day. In order for such expenses to be allowable for persons other than the employee or elected official, the Department head must certify that such expenditures were for a public purpose and necessary for the conduct of City business. All employees and elected officials of the City must specify the name(s) and organization(s) of the person(s) hosted and the nature of the City business discussed. (c) Ground Transportation. The least expensive and most practical form of public transportation shall be used, taking into consideration such factors as time, availability, and personal safety or health. (d) Automobile Rental. Such expenses are allowable if traveling by car is less expensive or more appropriate for the efficient conduct of City business than by taxi or bus. (e) (f) (g) Laundry Service. Such expenses are allowable if the duration of the trip, traveling conditions, or some other special circumstances dictate. City Business Telephone Calls. Personal Telephone Calls. Such expenses are allowable as follows: One call to the employee s or elected official s immediate family in the locale of the residence of the employee or elected official, if travel is in excess of three (3) days, and one such call for each successive three (3) days thereafter. (h) (i) Gratuities. Such expenses, not exceeding 15%, are allowable where reasonable and customary. Registration, Seminar or Meeting Fees Where Required. (j) Other Expenses. Expenses not specifically set forth in other subsections of this section that are incurred by an employee or an elected official are allowable where deemed necessary in the conduct of City business; provided that such expenses have been reviewed and certified by the Department head as reasonable and proper and incurred in pursuit of City business. Wherever the type of expenditure is not specifically listed in this section, the employee or elected official should be prepared to absorb the cost as a personal expenditure in the event that such expense is not certified by the Department head. Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord No. 150,608, Eff Sec Non-Reimbursable Travel Costs. Expenditures which are incurred by an employee or elected official that are of a purely personal nature will not be reimbursed by the City. (a) vehicle); (b) (c) Auto repairs, replacement or towage to personal vehicle when such use has been authorized (see established City procedures for repair to City Flight insurance; Personal telephone calls (except those specified in Section (g) of this article); (d) Expenses for persons other than the employee or elected official, except as specified in Section (b) 2. Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff Sec Expenses Not Involving Travel Exclusive of Contingent Expenses. Employees or elected officials may be authorized to incur expenses within Los Angeles County provided they are incurred in the conduct of City business. Conditions and approval of such expenses shall be in accord with the provisions of Section , and with applicable Charter requirements. Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608, Eff Amended by: Renumbered due to typo error by Ord. No. 150,957, Eff , Oper

118 Sec Contingency Expense. Contingency items are those expenses incurred by elected officials of the City of Los Angeles that would not be incurred by them if they were not an elected official. Each expenditure shall be itemized indicating the date, purpose and amount of expenditure. All such expenses shall be certified as being for City public purposes and incurred in the performance of the duties of the elected official. Conditions and approval of such expenses shall be in accord with the provisions of Section , and with applicable Charter requirements. Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No 150,608, Eff Sec Documentation of Expenses. All expenses claimed shall be listed on separate forms provided and used for required documentation of travel expense, non-travel related expenses, and contingency expenses. Completed travel expense forms shall be forwarded to the Controller within thirty (30) days of the conclusion of the trip. Non-travel related expenses and contingency expense forms shall be submitted at least on a quarterly basis to coincide with the fiscal year. The Department head shall certify that all expenditures were incurred in pursuit of City business. Falsification of such certification shall be grounds for appropriate disciplinary action and such other sanctions provided by law. Receipts shall be provided for transportation costs incurred under Section (a), lodging, and for any single item of expenditure in excess of $ Receipts for expenditures under $25.00 should be presented when available. Art. 4, Ch. 5, Div. 4, repealed and re-enacted by Ord. No. 150,608. Eff ; Title, Ord. No. 169,134, Eff Sec Documentation of Purpose and Benefit of Travel. (a) Any employee who travels or who attends a convention, the costs of either of which are paid in full or in part by the City, shall, within 30 days of completion of the travel or convention, submit a report to his or her appointing authority summarizing the nature and purpose of the travel or convention and describing the significant information gained and/or the benefits which will accrue to the City as a result. (b) An elected official shall not be subject to this requirement. Added by Ord. No. 169,134, Eff Sec Advances and Reimbursements of Funds. Travel, non-travel and contingency expenses shall be subject to budget limitations for these items. Contingency expenses shall be on a reimbursable basis only. The Controller shall advance, when in conformity with applicable Charter requirements, the amount of funds requested for these purposes upon certification by the Department head that they will be incurred for City business. Requests for an advance for funds shall be submitted to the Controller, where feasible, at least ten (10) days in advance of the beginning of the planned expenditure of funds and such request shall include the persons traveling, period covered, and the destination. In addition, the request should state the purpose of the trip, the nature of the City business to be conducted on the trip, and the proposed total estimated expenditure. Documentation of actual expenses incurred shall be submitted to the Controller in conformance with Section Art. 4, Ch. 5, Div. 1, repealed and re-enacted by Ord. No. 150,608. Eff Sec Required Approval. (a) Advance Council approval shall be needed for foreign travel (except to Canada or Mexico) involving more than one City commissioner. A request for such foreign travel shall be filed with the City Clerk for placement on the next available Council agenda. (b) All non-elected City officials and all other City employees shall notify the Mayor, the Chair of the Intergovernmental Relations Committee and the

119 Chief Legislative Analyst prior to any travel on City business to Sacramento or to Washington D.C. Added by Ord. No. 169,134, Eff Amended by: Subsec. (b) Amended, Subsec. (c) Repealed, Ord. No. 173,492, Eff CHAPTER 6 VACATIONS LEAVES OF ABSENCE Article 1 Vacations ARTICLE 1 VACATIONS Section Definitions Monthly Vacation Credit Length of Vacation Length of Vacation Non-represented Executive and Managerial Positions Deductible Absences Computation of Years of Service Cash Payment upon Separation from the Service Cash Payment upon Granting of Military Leave Other than Temporary Military Leave Time for Granting Vacations Layoff Inclement Weather Vacations for Employees Engaged in Part-time Work Legal Holidays Accumulation of Vacations Adjustment of Vacation on Effective Date of Ordinance Non-applicability of Article. Sec Definitions. The words and terms defined in this section shall have the following meanings as used in this Article. (a) "City Service" or "Service with the City" means employment in any position with the City of Los Angeles, or any of its departments, bureaus or offices, including any department having control of its own funds. (b) City. "Employee" means any person employed in City service, except those excluded by Section of this Article, and includes officers of the (c) "Service year" means each period of twelve (12) consecutive months and 2080 regular paid hours (non-overtime) of employment following an employee's entrance or re-entrance into service with the City including any of its departments, or between any two anniversaries of such entrance or reentrance. (d) "Year of Service" means an aggregate period of twelve (12) months and 2,080 regular paid hours (non-overtime) for which an employee has earned vacation credit, subject to deductions for absences as provided in Section of this Article. (e) "Qualifying year" for a full time employee means the first period of twelve (12) consecutive months and 2,080 regular paid hours (nonovertime) of service for the City, after entrance or re-entrance into City service, subject to deductions for absences as provided in Section of this Article. (f) "Full Pay" means the amount of pay an employee would receive for the period during which the employee is away on vacation, if the employee worked the days and hours prescribed for the position. Overtime pay shall not be included in such determination.

120 (g) A half-time employee's qualifying year means the first period of twelve (12) consecutive months of service during which the employee was compensated for at least 1,000 hours. Based on Ord. No. 90,365. Amended by: Subsec. (e), Ord. No. 119,319; Subsec. (e), Ord. No. 144,206, Eff ; Subsec. (b), Ord. No. 149,524, Eff ; Subsec. (e)1a., Ord. No. 157,222, Eff ; Subsec. (g), Ord. No. 165,482, Eff ; In Entirety, Ord. No. 172,175*, Eff ; In Entirety, Ord. No. 181,780, Eff ; Subsec. (c), Ord. No. 182,204, Eff * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Sec Monthly Vacation Credit - Length of Vacation. Each employee, excluding general managers, as defined in Section 4.321, and non-represented assistant general managers, who has completed his/her qualifying year shall be entitled to the following number of vacation days with full pay, based on the number of years of City service completed, accrued and credited at the rates indicated, subject to deductions for absences as provided in Section 4.246: Years of Service Completed Number of Vacation Days Monthly Accrual Rate In Hours/Minutes Based on Ord, No. 90,365. Amended by: Ord. No. 129,656; Ord. No. 154,343, Eff , Oper ; In Entirety, Ord. No 165,210, Eff , Oper ; In Entirety, Ord. No. 170,101, Eff , Oper ; In Entirety, Ord. No. 170,864, Eff , Oper ; In Entirety, Ord. No. 171,270, Eff ; Ord. No. 171,780, Eff , Oper ; In Entirety, Ord. No. 172,175*, Eff ; In Entirety, Ord. No. 175,048, Eff ; Ord. No. 176,952, Eff , Oper * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Hence, this section has been restored to appear as it did prior to adoption of Ord. 172,175 and any subsequent amendments thereto. An amending, clarifying ordinance is forthcoming. Sec Length of Vacation - Non-Represented Executive and Managerial Positions. (a) General Managers, as defined in Section of this Code, persons who receive an initial appointment to a non-represented position in the Department of Water and Power exempted from Civil Service under Section 1001(a)(4)(9) and 1001(c) of the City Charter, and employees in the following nonrepresented classes and pay grades shall be entitled to vacation in accordance with Subsection (b) below: Class Code Class Title 0196 Assistant Chief Legislative Analyst 0011 Assistant City Administrative Officer 0160 Assistant General Manager Airports 9269 Assistant General Manager Los Angeles Fire and Police Pensions 1745 Assistant General Manager Personnel Department 1554 Chief Administrative Analyst 0403 Chief Executive Assistant to Mayor 1579 Chief Grants Administrator 9483 Chief Legislative Representative 0407 Chief of Staff, Mayor 1741 Chief Personnel Analyst 0408 Deputy Mayor 0017 Ethics Officer III 0556 Executive Assistant City Attorney 9720 Executive Director Department on Disability 0600 Executive Director Police Commission 0013 Executive Officer City Ethics Commission Finance Specialist V Financial Management Specialist V

121 0605 Independent Assessor Fire Commission 0601 Inspector General 0195 Legislative Analyst V 2334 Medical Director 1854 PRIMA Program Manager Personnel Director III 0657 Physician III 1620 Revenue Manager (b) Persons employed in the non-represented classes listed in Subsection (a) shall be entitled to the following number of vacation days with full pay accrued and credited at the rates indicated, subject to deduction for absences as provided in Section of the Los Angeles Administrative Code: Number of Vacation Years of Service Completed Hours Upon permanent appointment, with less than 15 years of job-related 120 work experience, as certified by the Personnel Department Upon permanent appointment, with 15 or more years of job-related 160 work experience as certified by the Personnel Department 1 year in a class identified in Subsection (a) years in a class identified in Subsection (a) years in a class identified in Subsection (a) years in a class identified in Subsection (a) years in a class identified in Subsection (a) 200 (c) Employees who currently have or will receive a permanent appointment to a class listed in Subsection (a) who are accruing vacation at a higher rate than the rate provided for by Subsection (b) shall continue to accrue at the higher rate. (d) Employees who currently have or will receive a permanent appointment to a class listed in Subsection (a) who are accruing vacation at a lower rate than provided by Subsection (b) shall have their vacation accruals adjusted to be in conformance with Subsection (b). Such employees shall be credited with additional vacation equal to the difference between the lower annual rate and the appropriate annual rate provided for in Subsection (b), in addition to accruing at the higher monthly rate. (e) Persons who receive an initial appointment to the City in one of the classes listed in Subsection (a) shall receive the total number of vacation hours provided for in Subsection (b), effective on the date of appointment. Monthly accrual for these employees shall be effective on the one-year vacation anniversary date. (f) Persons who separate from City service prior to completing their initial year of City service will receive cash payment for any unused vacation hours proportionate to the number of months worked in that service year. Employees must work the entire month in order for the month to be included in the calculation. Added by Ord. No. 146,826, Eff Deleted by Ord. No. 170,864, Eff , Oper Reenacted by Ord. No. 171,270, Eff Amended by: In Entirety, Ord. No. 172,175*, Eff ; Title and Sec., Ord. No. 172,791, Eff , Oper ; Subsec. a., Ord. No. 175,048, Eff ; Subsec. a., Ord. No. 175,311, Eff ; Subsec. f. added, Ord. No. 176,518, Eff ; Subsec. a., Ord. No. 176,952, Eff , Oper ; Subsec. a., Ord. No. 177,666, Eff ; Ord. No. 178,161, Eff ; Ord. No. 178,176, Eff ; Subsec. a., Ord. No. 178,589, Eff ; Subsec. a., Ord. No. 178,814, Eff ; Subsec. a., Ord. No. 178,986, Eff ; Ord. No. 179,994, Eff ; Ord. No. 180,006, Eff ; Ord. No. 180,334, Eff ; Subsec. a., Ord. No. 180,742, Eff ; Subsec. a., Ord. No. 180,845, Eff , Oper ; In Entirety, Ord. No. 181,782, Eff * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Sec Deductible Absences. In computing the accrual of monthly vacation credits, as provided herein, deduction shall be made for: 1. All absences without leave. 2. That portion of absences in excess of: (a) (b) (c) An aggregate of 240 hours in any one service year, on leave for reasons personal to the employee. An aggregate of 720 hours sick leave in any one service year. An aggregate of 720 hours cumulating all absences on sick leave and all absences personal to the employee in any one service year.

122 3. All uncompensated absences in excess of 360 hours of uncompensated time off during any one service year. 4. All periods during any service year in which an employee is an intermittent employee as defined by Section 4.110(b) of this Code. Provided, that no period of absence on leave with pay for the performance of ordered military duty shall be considered an absence for the purpose of this Article. Based on Ord. No. 90,365. Amended by: Ord. No. 165,482 Eff ; In Entirety, Ord. No. 172,175*, Eff ; In Entirety, Ord. No. 181,780, Eff * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Sec Computation of Years of Service. (a) In computing years of service under Section 4.245, each employee shall be credited with the qualifying year as the first year of service, and with each subsequent year of service, since the occurrence of the latest of any one of the following events: 1. Original entrance into City service. 2. Re-entrance into City service after a layoff for lack of work, lack of funds, or abolishment of position, for a period extending beyond the date on which the employee's name is removed from the reserve list under the provisions of Charter Section Re-entrance into City service after a suspension for cause in excess of six (6) months. 4. Re-entrance into City service more than six (6) months after resignation from such service. 5. Re-entrance into City service after discharge for cause. (b) For the purpose of computing years of service under this Section, vacation credits shall be deemed to have accrued during any period of military service performed by an employee, the same as if such employee had remained in active City service, if the employee was entitled to reinstatement as a City employee after such military service, and was in fact so reinstated. (c) Any employee who becomes, or heretofore became, a member of the classified service of the City under Charter Section 1021 shall be credited for vacation purposes with years of employment by the municipality or district referred to in Section 1021, the same as if such employee had been in the service of the City during the employee's employment by such municipality or district. (d) Any person who is or has been employed in the Fire Department of the City of Los Angeles as a sworn firefighter or any person who is or has been employed in the Police Department as a sworn police officer, who resigns or has resigned from his position to accept an appointment to a position in a class in City service other than the class of firefighter or police officer and who is not eligible for a pension under the provisions of Charter Sections 1300 et seq., 1400 et seq. or 1500 et seq., shall be credited for vacation purposes with the years of employment in the Fire Department or Police Department in the same manner as if such person had been subject to the provisions of this Article during employment as a member of the Fire Department or Police Department. Based on Ord. No. 90,365. Amended by: Ord. No. 119,829; Subsec. (c) Repealed by Ord No. 155,667, Eff , Oper ; Subsec. (e), Ord. No. 158,352, Eff , Oper ; In Entirely, Ord. No. 172,175*, Eff ; Ord. No. 173,308, Eff , Oper ; In Entirety, Ord. No. 181,783, Eff * Editor's note: The provisions of Ord. 172,175 never took effect (see Sec. 8 re operative date). Sec Cash Payment Upon Separation from the Service. In the event any employee, after the completion of his qualifying year of service, becomes separated from the service of the city by reason of resignation, discharge, retirement or death, or for any other reason, cash payment of a sum equal to all accrued, but unused, vacation, including vacation, for the proportionate part of the service year in which the separation takes place, shall be made at the salary rate current at the date of said separation to the employee, his estate or any person legally entitled to such payment under any law of this State; provided, however, that in the case of officers of the city, or any department thereof, who serve for a term fixed by the Charter, or any other law, such vacation must be taken before the day on which such officer ceases to hold such office, and, after termination of such term in any manner, he shall not be entitled to vacation time, or any compensation in lieu thereof. Notwithstanding the above provisions, the Department of Water and Power may make a cash payment to a permanently disabled employee of a sum equal to all accrued, but unused vacation, including vacation for the applicable, proportionate part of the service year in which the employee in that Department is determined to be permanently and totally disabled and eligible for disability benefits pursuant to provisions of the Department of Water and Power Employees Retirement, Disability and Death Benefit Plan. Said payment shall be made upon the request of the disabled employee. Payment shall be made at the salary rate

123 current at the date the employee is determined to be permanently and totally disabled and eligible to receive disability benefits. Payment may be made to an employee who was determined to be permanently and totally disabled prior to the effective date of this Section upon request of the disabled employee. Payment may be made in the same manner to any employee of the Department of Water and Power who is absent from work for a continuous twelve month period due to an industrial injury. The salary rate used shall be that rate in effect on the first date of the continuous absence. Payment may be made to an employee who was absent due to an industrial injury for twelve or more consecutive months prior to the effective date of this section upon request of the employee. Based on Ord. No. 90,365. Amended by: Ord. No. 147,176, Eff ; Ord. No. 152,342, Eff Sec Cash Payment upon Granting of Military Leave Other Than Temporary Military Leave. In the event any employee, after the completion of his qualifying year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation time, including vacation time accrued during the proportionate part of the service year in which such leave is granted, may be made to such employee at the salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such employee shall furnish to the head of his department two (2) certified copies of his orders, one copy to be filed in the department in which he is employed and the other with the Controller, or in lieu thereof he shall furnish to such appointing authority upon forms provided by the Controller certified evidence of his entry into the armed forces of the United States and the date thereof: provided, however, that presentation of the proof required under Section of this Code may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to him of the entry of such employee into active service in such armed forces. Based on Ord. No. 90,365. Amended by: Ord. No. 100,536. Sec Time for Granting Vacations. (a) Each officer or Board or other appointing authority shall assign vacations and may establish and maintain a vacation schedule for each year, giving due regard in each case to the request of the employee, subject, however, to the right of such appointing authority to plan work under his, or its, control and to approve and assign vacations when the employee can be reasonably spared; provided, that when such appointing authority notwithstanding an employee s request, has failed or refused to assign a vacation prior to the time necessary to prevent expiration of any unused portion of accrued vacation credit, such employee may absent himself without penalty so as to avoid losing any vacation credit. Upon the approval of such appointing authority, any accrued and credited vacation time computed pursuant to Section may be taken in increments of less than a full vacation, but not less than one (1) day, except for the reasons set forth in Section of this Code. (b) Each department, office or bureau shall furnish the Controller a detailed record of vacation taken. The record shall include the name of the employee, the class, and the number of days or hours and the dates when vacation is taken. The Controller shall maintain for each department, office or bureau the balance of vacation remaining to be taken. Based on Ord. No. 90,365. Amended by: Ord. No. 141,335, Eff ; Ord. No. 146,826 adds Subsec. (c), ; Ord. No. 148,209, Eff ; Subsec. (c) Deleted, Ord. No. 173,791, Eff Sec Layoff Inclement Weather. Except in the first service year any employee laid off for less than fifteen (15) consecutive days, or precluded from working by inclement weather which prevents normal performance of duty followed by re-employment by the city, shall be considered to be on leave without pay for such period. This applies only for the purpose of determining vacation rights. Based on Ord. No. 90,365. Sec Vacations for Employees Engaged in Part-time Work. (a) A half-time employee, as defined by Section 4.110(a) of this Code, is entitled to the same vacation benefits as a full-time employee; provided, however, that pay for such vacation shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment in the class of position.

124 (b) When a half-time employee becomes a full-time employee or when a full-time employee becomes a half-time employee and such employee is not otherwise disqualified, all accrued and accumulated vacation time for which he/she has been credited up to the date of such change of work schedule shall remain credited to the employee in the amounts so accrued and accumulated without increase or decrease because of the change of work schedule. When a full-time or halftime employee becomes an intermittent employee all accrued and accumulated vacation time for which the employee has been credited as of the date of the change of status shall, at the option of the employee, either be: (1) compensated in cash, in a lump sum, or (2) frozen without increase or decrease to be made available if the employee becomes full-time or half-time; provided, however, an employee who has elected to freeze the accruals may request a lump sum cash payment at a subsequent date. If a full-time or half-time employee becomes an intermittent employee prior to completing a qualifying year, and returns to full-time or half-time status without break in service, all time previously served as a full or half-time employee shall be credited toward the qualifying year. Time served as an intermittent employee shall not be credited toward such qualifying year. (c) Intermittent employees as defined by Section 4.110(b) of this Code shall not be entitled to accrue or use vacation benefits, except, however, any employee who prior to the effective date of this ordinance had qualified for vacation benefits shall be entitled to continue to accrue and use such benefits, as long as such employee does not have a break in service. Based on Ord. 90,365. Amended by: Ord. No. 141,335, Eff ; Title and Section, Ord. No. 165,482, Eff Sec Legal Holidays. When a legal holiday falls on a regular working day within a vacation period, the legal holiday shall not be included in the computation of such vacation, but the employee shall be granted additional day s vacation with full pay equal to the number of such holidays. Based on Ord. No. 90,365. Amended by: Ord. No. 158,352, Eff , Oper Sec Accumulation of Vacations. Upon the approval of the appointing power any employee may be permitted to accumulate vacations for not to exceed two (2) annual vacation periods, and all accumulated in excess of such amount shall be deemed waived and lost. Based on Ord. No. 90,365. Sec Adjustment of Vacation on Effective Date of Ordinance. Upon July 1, 1965, each employee of the City shall be credited with the number of his years of service computed, under this article, as amended, and shall retain his vacation credits which have accrued prior to such date, and for each of the twelve (12) months preceding July 1, 1965, each such employee shall be credited with that portion of the vacation credits under Section hereof, in excess of those credits already accrued as to such period to which he shall have been entitled had the provisions of Section been in effect during such preceding twelve (12) months. Other than as provided in this section, no additional vacation credit shall accrue or be credited for periods of service of any employee prior to July 1, Based on Ord. No. 90,365. Amended by: Ord. No. 129,656. Sec Non-Applicability of Article. Except as provided in Subsection (e) of Section 4.247, and Subsection (d) of Section 4.172, none of the provisions of this article shall apply to any person employed in the Fire Department of the City of Los Angeles who has been duly and regularly appointed under civil service rules and regulations to perform the duties of a regular fireman, or to any person employed in the Police Department of the City of Los Angeles who has been appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer.

125 None of the provisions of this article shall apply to persons who are workmen, mechanics or craftsmen (including foremen) employed exclusively as such on the construction of public works, improvements or buildings who occupy positions exempt from the provisions of Article X of the Charter of the City of Los Angeles pursuant to Section 1001 thereof and on account of whom the City makes contributions to any union, person or entity which provides vacation benefits for said person equivalent to not less than two weeks of vacation with full pay for each year of service completed by said person. As to such workmen, mechanics or craftsmen on account of whom the City makes contributions to any union, person or entity which provides vacation benefit of less than two weeks the City shall provide additional vacation benefits to insure that said persons receive benefits which, when combined with such other benefits, total not less than two weeks of vacation with full pay for each year of service completed by said person. Based on Ord. No. 90,356. Amended by: Ord. No. 138,084; Ord. No. 138,460, Eff ; Para. 2 added by Ord. No. 149,523, Eff ; Ord. No. 173,308, Eff , Oper CHAPTER 7 MISCELLANEOUS PROVISIONS Article 1 Officers 2 Wages and Salaries General 3 Performance Security 4 Suggestion Award Program 5 Administration of Employee Benefit Programs 6 Training and Tuition Reimbursement Programs for City Employees 7 Compensation and Merit Pay Plan for General Managers 8 Temporary Loan of Employees Among City Departments, Offices or Bureaus 9 Non-discrimination in Employment 9.5 Investigation of Complaints of Discrimination and Sexual Harassment Against City Officials 10 Employment of Chief Administrative Officers 11 Rights of Employees Who Contact or Are Contacted by the Inspector General of the Police Commission ARTICLE 1 OFFICERS Sec The Term Officer. Based on Ord. No. 114,957. Amended by: Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Officers of the City. Based on Charter, Sec. 5. Repealed by Ord. No. 172,845, Eff , Oper Sec Elected Offices Vacancies. Added by Ord. No. 156,354, Eff Repealed by Ord. No. 173,308, Eff , Oper

126 ARTICLE 2 WAGES AND SALARIES GENERAL Sec Prevailing Wage. Based on Charter, Sec Amended by: Ord. No. 154,252, Eff ; First unnumbered para. repealed, Ord. No. 158,965, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Duties of Council. Based on Charter, Sec. 33. Amended by: Ord. No. 150,582, Eff , Oper Repealed by Ord. No. 173,308, Eff , Oper Sec Council to Fix Salaries. Based on Charter, Sec. 66. Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Fixed Salaries. Based on Charter, Sec. 67. Repealed by Ord. No. 173,308, Eff , Oper Sec Retention of Fees. Based on Charter, Sec. 68. Repealed by Ord. No. 173,308, Eff , Oper Sec Elected Officers Salaries. Based on Charter, Sec Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper ARTICLE 3 PERFORMANCE SECURITY Section Performance Security Required Other Performance Security Term of Performance Security Types of Performance Security and Premiums Report to Council.

127 4.290 Approval and Filing of Performance Security Liability on Performance Security. Sec Performance Security Required. (a) Performance security shall be required for: The City Controller in the amount of $500,000.00; The Director of Finance in the amount of $500,000.00; The City Treasurer in the amount of $500,000.00; and The Purchasing Agent in the amount of $500, (b) No performance security shall be required of the Mayor or members of the Council. Based on Ord. No. 68,253. Amended by: Ord. No. 88,135; Title and section, Ord. No. 166,858, Eff ; Ord. No. 173,303, Eff , Oper Sec Other Performance Security. Performance security may be acquired for other officers and employees of the City of Los Angeles in a form and amount determined by the Director of the Office of Administrative and Research Services and approved by the City Controller. The determination to acquire performance security shall be accompanied by written findings showing the following has been accomplished: (a) The availability and cost of a blanket performance security for all city officers and employees have been investigated. (b) An analysis has been made as to whether the specific positions for which performance security is being acquired have access to large amounts of money or have a high potential for loss of money or property in the event of fraud or dishonest acts. Particular attention should be made to positions in the offices of the City Controller, City Treasurer, Office of Finance, Purchasing Agent and the Police Department. (c) (d) At least three (3) insurers shall have been contacted to ascertain the availability and cost of performance security. An analysis shall have been made of the cost of performance security showing that the cost is compatible with the benefit to the City. Added by: Ord. No. 166,858, Eff Amended by: Ord. No. 173,303, Eff , Oper Sec Term of Performance Security. The bond of the City Controller shall commence on his or her taking office and continue through the term of office. The respective bonds of the Director of Finance, Treasurer and Purchasing Agent shall commence on his or her taking office and continue for so long as he or she remains in office, provided that this performance security may be for the term of one (1) year and shall be renewed or replaced each year thereafter. All other performances security shall be for the term of one (1) year or longer. Added by: Ord. No. 166,858, Eff Amended by: Ord. No. 173,303, Eff , Oper Sec Types of Performance Security and Premiums. Performance security required by Section shall be in the form of a faithful performance bond. Performance security authorized under Section may be in the form of a faithful performance bond, an honesty bond or similar insurance which is commercially available.

128 Self insurance may be used as a portion of or in lieu of performance security if: (a) performance security cannot be secured from an insurer or (b) the cost of performance security is excessive for the risk involved, as documented in a written analysis by the Director of the Office of Administrative and Research Services and approved by the City Controller. Premiums for performance security shall be paid by the City from the General City Purpose account. Added by: Ord. No. 166,858, Eff Amended by: Ord. No. 173,303, Eff , Oper Sec Report to Council. The Director of the Office of Administrative and Research Services, with the concurrence of the City Controller, shall report to the City Council whenever performance security required pursuant to Section 4.288(a) is commercially unavailable or the cost is not compatible with the benefit to the City, necessitating the need for the City to either partially or fully self insure the required performance security. Based on Ord. No. 68,253. Amended by: Ord. No. 88,135; Ord. No. 149,965, Eff ; Title and section, Ord. No. 166,858, Eff ; Ord. No. 173,308, Eff , Oper Sec Approval and Filing of Performance Security. All performance security shall be approved by the City Attorney as to form, and shall be filed with and remain in the keeping of the City Clerk. It shall be the duty of the Director of the Office of Administrative and Research Services, with the approval of the Controller, to make recommendations to the Council concerning any changes or action necessary in the City s interest in relation to any performance security. Based on Charter, Sec. 69. Amended by: Title and section, Ord. No. 166,858, Eff ; Ord. No. 173,303, Eff , Oper Sec Liability on Performance Security. In all cases where there is performance security for an officer or employee of the City, there shall be no personal liability upon, or any right to recover against his or her superior officer or employee, or any other officer or employee of the City, nor shall there be any liability or right of recovery upon the performance security of his or her superior officer, or of any other officer or employee, for any defalcation by said employee. Liability and right of recovery shall be solely upon and against the official or employee and his or her performance security unless his or her superior officer or employee or any other officer or employee is a party to the wrongful act or has conspired with the officer or employee, causing directly or indirectly any loss. Based on Charter, Sec Amended by: Title and section, Ord. No. 166,858, Eff ARTICLE 4 SUGGESTION AWARD PROGRAM Section Purposes Approved Suggestion Plans Duties of the General Manager, Personnel Suggestion Defined Eligible Employees Certificate of Commendation Monetary Awards.

129 Sec Purposes. There is hereby established a city-wide Suggestion Award Program to encourage employees to submit suggestions for the improvement of city services, or for the reduction of the cost thereof, and to provide for suitable awards for such suggestions. The Suggestion Award Program shall be comprised of the approved suggestion plans of the eligible participating departments. These plans shall be coordinated by the various departments with advice and assistance from the General Manager of the Personnel Department. Based on Ord. No. 126,506. Amended by: Ord. No. 167,906, Eff Sec Approved Suggestion Plans. Before the employees of a department may participate in the Suggestion Award Program, the department must adopt a suggestion plan and obtain approval for such plan from the General Manager of the Personnel Department. All suggestion plans shall provide for the establishment of a board, or, where appropriate, the designation of an individual to receive, process and evaluate suggestions made by employees of the department. If a suggestion involves more than one department, the board or individual shall forward the suggestion to the other appropriate department(s) for evaluation. Suggestions which are not eligible for a cash award but which are deemed worthy of recognition may be recognized by a certificate of commendation issued by the department. Based on Ord. No. 126,506. Amended by: Ord. No. 167,906, Eff Sec Duties of the General Manager, Personnel. The General Manager of the Personnel Department shall develop standards and rules to administer the Suggestion Award Program and shall assist the departments in establishing and conducting their individual suggestion plans. Based on Ord. No. 126,506. Amended by: Ord. No. 167,906, Eff Sec Suggestion Defined. (a) A suggestion is a constructive proposal which makes possible the reduction, elimination or avoidance of the expenditure of public funds, or which results in improvement in the operation of a City department. (b) article. All suggestions which accomplish or tend to accomplish any of the following objectives shall be considered suggestions within the meaning of this 1. The saving of time, labor, space, material or supplies; 2. The improvement of service to the public; 3. The improvement of methods and procedures resulting in increased output or efficiency, or both; 4. The improvement of safety conditions; 5. The improvement of tools and equipment; 6. The elimination of unnecessary procedures, records and forms. (c) The following suggestions are not eligible for awards under the Suggestion Award Program: 1. Suggestions which call attention to a problem but do not suggest a solution; 2. Suggestions dealing with terms and conditions of employment;

130 3. Suggestions which are within the scope of the normal job responsibilities of the suggester; 4. Suggestions which are not original with the suggester, or which are submitted for another employee who would be ineligible because the suggestions would be within the scope of his or her normal responsibilities; 5. Suggestions which are essentially duplicative of suggestions submitted within the preceding 24 month period; 6. Suggestions which were not submitted to the department s suggestion programs on the required form within two years of the date of implementation of the suggestion. Based on Ord. No. 126,506. Amended by: Para. 6., not eligible for Awards added, Ord. No. 164,893, Eff ; Ord. No. 167,906, Eff Sec Eligible Employees. All employees of any department, which has adopted a suggestion plan under the provisions of this article, shall be eligible for awards, except: 1. Department, Bureau and Division Managers; 2. Employees of the Director of the Office of Administrative and Research Services; 3. Employees of the Chief Legislative Analyst; 4. Employees whose principal duties and responsibilities consist of research or development, or the analysis of methods and procedures of a department for the purpose of determining what improvements can be made therein; 5. Employees administering the Suggestion Award Program or departmental suggestion plans. Based on Ord. No. 126,506. Amended by: Ord. No. 173,308, Eff , Oper Sec Certificate of Commendation. Each suggestion which is adopted by a department but which is not eligible for a monetary award may carry with it an award of Certificate of Commendation as provided under Section of this article. Based on Ord. No. 126,506. Sec Monetary Awards. (a) A monetary award of 25% of the estimated first year net savings, up to a maximum of $50,000.00, shall be given for any suggestion with an estimated net savings of $ or more in the first year. There shall be no monetary award for suggestions with an estimated net savings of less than $ in the first year. (b) A $ monetary award may be granted if the departmental suggestion committee and the department head find that implementation of a suggestion would result in a significant, although monetarily immeasurable, improvement in methods, services, safety or employee morale. The $ monetary award shall be a sum of money which, after deducting applicable taxes, leaves a net cash remainder of $ to be paid to the suggester. (c) For purposes of this article, estimated net savings in the first year is defined as the savings directly attributable to the suggestion during the first year that the suggestion is in effect, less the estimated first year costs, amortized, if appropriate, of placing the suggestion into effect. Based on Ord. No. 126,506. Amended by: Ord. No. 140,460, Eff ; Ord. No. 141,459, Eff ; Ord. No 154,690, Eff ; In Entirety, Ord No. 164,893, Eff ; Ord. No. 167,906, Eff

131 ARTICLE 5 ADMINISTRATION OF EMPLOYEE BENEFIT PROGRAMS (Art. 5 Title, Amended by Ord. No. 165,469, Eff ) Section Non-discrimination in Employment Benefits (Charter 1024) Joint Labor-Management Benefits Committee and Personnel Department Responsible For Programs Call for Proposals Negotiation Requirements of Plans for Benefits to Which the City Is Not a Party Authorization to Expend Funds Authorization to Expend Funds Fire Department Authorization to Expend Funds Police Department City Contribution for Dental Plan Costs Continuation of Dental Plan Premium Subsidy During Family or Medical Leave Non-represented Employees City Contributions to Health Plan Costs Continuation of Health Plan Premium Subsidy During Family or Medical Leave Non-represented Employees City Contribution to Employee Assistance Program Life Insurance for Non-represented Executive and Managerial Positions Benefits Determinations for Sworn General Managers Officers and Employees of Departments Having Control of Their Own Funds Reimbursement to Specified Employees of Moneys Paid as Premiums for Part B (Medical Insurance) Medicare Coverage. Sec Non-discrimination in Employment Benefits (Charter 1024). (a) The City of Los Angeles shall not discriminate in the provision of any employee benefit between employees with spouses and employees with domestic partners. (b) Except with respect to retirement-based benefits, any employee who claims a domestic partner for the purpose of the provision of any benefit provided by the City shall complete a confidential affidavit to be filed with the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner declaring the existence of a domestic partnership between them. Any employee who claims a domestic partner for the purpose of the provision of any retirement-based benefit provided by any of the City s retirement systems shall complete a similar affidavit and file it with the appropriate department. Added by Ord. No. 172,941, Eff , Oper Sec Joint Labor-Management Benefits Committee and Personnel Department Responsible For Programs. The City s Joint Labor-Management Benefits Committee shall recommend and the Personnel Department shall maintain and administer, on behalf of the City of Los Angeles, suitable employee benefit programs, as authorized by the City Council, for officers and employees of the City of Los Angeles who are eligible for benefits through membership in either the Los Angeles City Employees Retirement Systems (LACERS), provided for in Sections of the Charter of the City of Los Angeles, or the Fire and Police Pension System, provided for in Sections thereof. Notwithstanding any other provisions of this Code, members of the Safety Members Pension System, provided for in Sections of the City Charter, shall be entitled to a health insurance subsidy while undergoing training. Based on Ord. No. 131,678. Amended by: Ord. No. 135,227, Ord. No. 150,071, Eff ; Ord, No. 153,053, Eff ; In Entirety, Ord. No. 158,352, Eff , Oper ; In Entirety, Ord. No. 165,469, Eff ; Ord. No. 173,308, Eff , Oper ; In Entirety, Ord. No. 175,048, Eff Sec Call for Proposals Negotiation. The Personnel Department shall call for proposals and negotiate on the basis of the lowest and best proposals for suitable employee benefit programs, pursuant to Section of this article, and execute on behalf of the City of Los Angeles such contracts as are necessary for carrying out the employee benefit programs.

132 Based on Ord, No. 131,678. Amended by: Ord. No. 135,227; In Entirety, Ord. No. 165,469, Eff Sec Requirements of Plans for Benefits to Which the City is Not a Party. The Personnel Department shall also approve plans for such benefits to which the City is not a party if the same meets the following requirements. (a) The plan is contracted for or operated by an organization whose membership is exclusively or largely employees of the City, and whose purpose includes the provision of benefits to City Employees. (b) The plan is one which was available through the employee organization to employee members on July 1, 1960, or it is clearly a successor to such a plan. (c) Premiums are payable by payroll deduction and were payable to the plan or the predecessor plan by payroll deduction on July 1,1960; (d) (e) The plan offers a reasonable value of medical and hospital benefits for the premiums schedule; No profit accrues to the sponsoring organization through the operation of the plan. Based on Ord. No. 131,678. Amended by: Ord. No. 135,227. Sec Authorization to Expend Funds. From funds appropriated for the purpose, the Personnel Department is hereby authorized to expend toward a portion or all of the costs of any benefit program which the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections , and of this article the sum specified in Section or the cost to the officer or employee for himself and dependants, if any, whichever is less for each officer or employee of the City of Los Angeles, as specified in Sections 4.303, and hereof, except as provided in Section of this article for sworn members of the Fire Department and Section of this article for sworn members of the Police Department. Payment may be made by the Department of Personnel directly to the persons, firms, associations or corporations furnishing such benefits, or at the discretion of the Personnel Department to sponsoring groups, associations, organizations, or corporations who have contracted for or provide such benefits. Such payment may be made by the Controller as part of any salary payroll deduction when so authorized by the Personnel Department. Based on Ord. No. 131,678. Amended by: Ord. No. 137,466; Ord. No. 138,673, Eff ; Ord. No. 140,308, Eff ; Ord. No. 142,735, Eff , Oper ; Ord. No. 145,054, Eff ; Ord. No. 146,382, Eff , Oper , Ord. No. 146,398, Eff ; Ord. No. 146,659, Eff , Oper ; Ord. No. 147,604, Eff ; Ord. No. 148,590, Eff Sec Authorization to Expend Funds Fire Department. Notwithstanding any other provision of this article, the Personnel Department is authorized to expend funds on behalf of any member of the Fire Department as defined in Section 4.181, toward a portion of all of the cost of a health insurance program for the member and the member s dependent or dependents, if any. Such expenditures are authorized for any health insurance program the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections 4.303, and of this article. The Personnel Department is authorized to expend the sum specified in Section or the cost to the member for himself and dependents, if any, whichever is less. Payments may be made as provided by Section Added by Ord. No. 146,398, Eff Amended by: Ord. No. 147,605, Eff ; Ord. No. 148,590, Eff Sec Authorization to Expend Funds Police Department. Notwithstanding any other provision of this article, the Personnel Department is authorized to expend funds on behalf of any member of the Police Department as defined in Section 4.181, toward a portion or all of the cost of health insurance program for the member and the member s dependent or dependents, if any. Such expenditures are authorized for any health insurance program the Personnel Department is authorized to contract for or accept on behalf of the City of Los Angeles or approve pursuant to the authority of Sections 4.303, and of this article. The Personnel Department is authorized to expend the sum specified in Section or the cost to the member for himself and dependents, if any, whichever is less. Payments may be made as provided by Section

133 Added by Ord. No. 146,397, Eff Amended by: Ord. No. 147,606, Eff ; Ord. No. 148,590, Eff Sec City Contribution for Dental Plan Costs. (a) The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of a dental benefit program for each full-time unrepresented officer or employee of the City of Los Angeles including unrepresented sworn members of the Police and Fire Departments; provided, however, that non-represented sworn members of the Los Angeles Police Department may elect, in lieu of the City-sponsored dental plan, to have contributed by the City on their behalf the monthly sum necessary to cover the cost of the dental plan sponsored by the Los Angeles Police Protective League or the Los Angeles Police Relief Association Dental Plan in an amount not to exceed that provided for the City-sponsored plan. (b) The Personnel Department is authorized to expend for each half-time employee following the effective date of this subsection, a monthly sum equivalent to one half of the employee only coverage of the most expensive plan under the City-sponsored Dental Program. A half-time employee, who prior to the effective date of this subsection, was receiving the full employee only subsidy shall continue to receive the full employee only subsidy as long as such employee does not have a break in service. Added by Ord. No. 148,193, Eff , Oper Amended by: Ord. No. 150,272, Eff , Oper ; Title and entire section, Ord. No. 154,343, Eff , Oper ; In Entirety, Ord. No. 165,482, Eff Sec Continuation of Dental Plan Premium Subsidy During Family or Medical Leave Non- Represented Employees. For non-represented employees on a Family or Medical Leave pursuant to the provisions of Section of this Code, the Personnel Department is hereby authorized to expend the monthly premium subsidy necessary to cover the cost of continuing the dental plan benefit for non-represented employees of the City who are enrolled in a City dental plan prior to the beginning of the leave. Employees shall be eligible for the continuation of the monthly premium subsidy while on a Family or Medical Leave in accordance with Section 4.129; however, for any unpaid portion of a Family or Medical Leave, the dental plan subsidy shall be continued for a maximum of four months (nine pay periods.) Added by Ord. No. 165,312, Eff , Oper Amended by: In Entirety, Ord. No. 170,101, Eff , Oper ; Ord. No. 171,780, Eff , Oper ; Section Title and Section In Entirety, Ord. No. 179,999, Eff , Oper Sec City Contributions to Health Plan Costs. (a) Represented Employees. The amount of City contribution to health plan costs for employees in representation units shall be in accordance with the various Memoranda of Understanding approved and implemented by the City Council. (b) Non-Represented Full-Time Employees. The City shall contribute for each full-time employee who is a member of the Los Angeles City Employees' Retirement System (LACERS) a monthly subsidy equal to the cost of his/her City-sponsored medical plan, as determined by the Personnel Department in accordance with Section 4.303, not to exceed the Kaiser family rate ("maximum monthly health care subsidy"). Adjustments in this monthly subsidy shall be effective the beginning of the pay period in which the Kaiser yearly premium rate change is implemented. The amount of the adjusted subsidy shall be certified by the General Manager Personnel Department to the Controller. Effective January 1, 2013, non-represented, full-time employees shall pay five percent (5%) of their monthly medical plan premium on a biweekly basis when the amount of their monthly premium for the City-sponsored medical plan in which they are enrolled is equal to or less than the amount of the City's maximum monthly health care subsidy. Effective January 1, 2013, in the event that non-represented, full-time employees are enrolled in a City-sponsored medical plan that has a monthly premium that exceeds the City's maximum monthly subsidy, then such employees shall pay on a biweekly basis the total of the difference between the cost of their monthly medical plan premium and the City's maximum monthly health care subsidy, plus five percent (5%) of the City's maximum monthly health care subsidy. The amount of the City's contribution which is applied toward the coverage of the dependents of an employee enrolled in both Part A and Part B of Medicare shall not exceed that amount which may be applied toward the coverage of the dependents of an employee not enrolled in both Part A and Part B of Medicare and covered by the same health, medical or hospital benefit program. The amounts provided for the City's health insurance contribution shall be applied first to the employee's health insurance coverage with any balance applied

134 toward the coverage of the employee's dependents under the same plan. (c) Non-Represented Half-Time Employees. The City shall contribute for each half-time employee (as defined by Section of this Code) a monthly subsidy, not to exceed the Kaiser employee-only rate, toward the cost of his/her City-sponsored medical plan. Adjustments in this monthly subsidy shall be effective at the beginning of the pay period in which the Kaiser Permanente yearly premium rate change is implemented. Effective January 1, 2013, half-time employees who are members of LACERS and are enrolled in a City-sponsored medical plan shall pay five percent (5%) of the monthly Kaiser employee-only rate on a biweekly basis, when the cost of their medical plan is at or below the amount of the Kaiser employee-only rate. When the cost of their medical plan is greater than the Kaiser employee-only rate, then such employees shall pay on a biweekly basis the total of the difference between the cost of their monthly medical plan premium and the Kaiser employee-only rate, plus five percent (5%) of the Kaiser employee-only rate. A half-time employee who, prior to January 23, 1990, was receiving the same subsidy as full-time employees, shall continue to receive that subsidy and shall be eligible to receive any adjustments provided in subsection (b), as long as such employee does not have a break in service. In addition, such employees shall contribute five percent (5%) toward the cost of their health care premium as described above for full-time employees. The City will apply the subsidy first to the employee's coverage. Any remaining balance will be applied toward the coverage of the employee's dependents under the plan. Employees who transfer from full-time to half-time under the provisions of Section 4.129, Family and Medical Leave, shall continue to receive the same subsidy as full-time employees and be subject to the required employee contribution toward the cost of their health care premium as described in this section. (d) 2013 Plan Year - Anthem Blue Cross Full-Network HMO Option. Notwithstanding subsections (b) and (c) above, which pertain to monthly medical plan subsidies and employee premium costs for non-represented full-time and half-time employees, respectively, each employee who chooses the Anthem Blue Cross Full-Network HMO option for the 2013 plan year shall be required to pay the difference between the monthly subsidy paid by the City for the Anthem Blue Cross Select-Network HMO and the Anthem Blue Cross Full-Network premium for the coverage level selected, as calculated by the Personnel Department. The employee premium costs provided under this subsection shall be in addition to any percentage of the healthcare premium paid by the employee in accordance with subsections (b) and (c) above. Based on Ord. No. 13,678. Amended by: Ord. No. 137,446; Ord. No. 138,673, Eff ; Ord. No. 140,308, Eff ; Ord. No. 142,735, Eff , Oper ; Ord. No. 145,054, Eff ; Ord. No. 146,274, Eff , Oper ; Ord. No. 146,396, Eff , Oper except for Police and Fire Depts. which are Oper ; Ord. No. 147,603, Eff ; Ord. No. 147,672, Eff ; Ord. No. 148,785, Eff , Oper ; Ord. No. 148,588, Eff , Oper ; Ord. No. 148,785, Eff , Oper ; Ord. No. 148,785, Eff , Oper ; Ord. No. 150,272, Eff , Oper ; Ord. No. 150,272, Eff , Oper ; Ord. No. 150,764, Eff , Oper ; Ord. No. 152,543, Eff , Oper ; Ord. No. 154,343, Eff , Oper ; Ord. No. 155,667, Eff , Oper ; In Entirety, Ord. No. 158,643, Eff , Oper ; In Entirety, Ord. No. 165,482, Eff ; In Entirely, Ord. No. 170,101, Eff , Oper ; Subsecs. (b) and (c), Ord. No. 171,780, Eff , Oper ; Subsecs. (b) and (c), Ord. No. 175,048, Eff ; In Entirety, Ord. No. 182,211, Eff ; Subsec. (d) Added, Ord. No. 182,320, Eff Sec Continuation of Health Plan Premium Subsidy During Family or Medical Leave Non-Represented Employees. For non-represented employees on a Family or Medical Leave pursuant to the provisions of Section of this Code, the Personnel Department is hereby authorized to expend the monthly premium subsidy necessary to cover the cost of continuing the health plan benefit for non-represented employees of the City who are enrolled in a City health plan prior to the beginning of the leave. Employees shall be eligible for the continuation of the monthly premium subsidy while on a Family or Medical Leave in accordance with Section 4.129; however, for any unpaid portion of a Family or Medical Leave, the health plan subsidy shall be continued for a maximum of four months (nine pay periods), except while an employee is on a Pregnancy Disability Leave absence (up to four months) then the City's health plan subsidy shall be continued for her pregnancy health coverage in compliance with the provisions of SB 299 and AB 592 enacted in Added by Ord. No. 165,312, Eff , Oper Amended by: In Entirety, Ord. No. 170,101, Eff , Oper ; Ord. No. 171,780, Eff , Oper ; Section Title and Section In Entirety, Ord. No. 179,999, Eff , Oper ; Last Sentence, Ord. No. 182,211, Eff Sec City Contribution to Employee Assistance Program. The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of an Employee Assistance Program approved by the Personnel Department for each unrepresented employee of the City of Los Angeles (excluding employees of the Department of Water and Power) who is a member of the City Employees Retirement System. Added by Ord. No. 167,301, Eff , Oper

135 Sec Health and Dental Care Benefits for Domestic Partners of Non-represented Employees and Their Dependents. Added by Ord. No. 169,373, Eff , Oper Repealed by Ord. No. 172,941, Eff , Oper Sec Life Insurance for Non-Represented Executive and Managerial Positions. The Personnel Department is hereby authorized to expend the monthly sum necessary to cover the cost of a life insurance policy, approved by the Personnel Department, for each General Manager, as defined in Section Persons employed in classes listed in Section , excluding General Managers, shall receive flexible benefit credits in the amount of $16.00 biweekly, effective January 1, 2000 for the purpose of purchasing life insurance or other benefits provided under the City s flexible benefits plan. The amount of the biweekly flexible benefit credits shall be adjusted on an annual basis by the percentage adjustment in the supplemental life insurance premiums for the plan provided under the City s flexible benefits plan. Added by Ord. No. 171,270, Eff (See Sec. 5 of this Ordinance No. 171,270 regarding operative date.) Amended by: Title and Sec., Ord. No. 172,791, Eff , Oper Sec Benefits Determinations for Sworn General Managers. In those instances where the benefits offered to sworn and civilian employees are not the same, the Director of the Office of Administrative and Research Services is authorized to determine the appropriate benefits for the Chief of Police and the Chief Engineer Fire Department. Added by Ord. No. 172,248, Eff Amended by: Ord. No. 173,308, Eff , Oper Sec Officers and Employees of Departments Having Control of Their Own Funds. In the case of officers and employees in departments having control of their own funds, no payments shall be made by the City of Los Angeles as provided in Sections 4.203(a)(27) and hereof unless the department makes available for expenditure by the Department of Personnel the amount needed by the City of Los Angeles to defray the City s costs for officers or employees in such department as provided in Section 4.203(a)(27) and thereof. Based on Ord. No. 131,678. Amended by: Ord. No. 135,227. Sec Reimbursement to Specified Employees of Moneys Paid As Premiums for Part B (Medical Insurance) Medicare Coverage. Reimbursement from currently appropriated funds for the City health insurance subsidy may be made to any active City employee 65 or more years of age, who is enrolled in and covered by Parts A and B of Medicare, of the amount of any money paid by such employee as premium for Part B coverage (Medical Insurance) for an insured or covered period beginning on or after April 1, 1973, when sufficient proof of the employee s enrollment and coverage and of the premium s payment has been made as required by the Personnel Department. The Controller shall, upon request of the Personnel Department and receipt of its written certification that said proof has been duly made, effectuate such reimbursement. Added by Ord. No. 144,707, Eff ARTICLE 6 TRAINING AND TUITION REIMBURSEMENT PROGRAMS FOR CITY EMPLOYEES Section Establishment of the Program Responsibility for the Program.

136 4.313 Rules, Regulations and Standards Specialized Training Courses and Agreements Reimbursement for Tuition Cooperation by City Departments. Sec Establishment of the Program. There is hereby established an employee training and development program for all classes of officers and employees of the City of Los Angeles. Based on Ord. No. 131,755. Amended by: Ord. No. 134,983, Ord. No. 143,615, Eff Sec Responsibility for the Program. a. Duty of General Manger Personnel Department and Director of the Office of Administrative and Research Services. The General Manager Personnel Department, with the cooperation of the Director of the Office of Administrative and Research Services and the heads of all departments (except Harbor, Airports and Water and Power), is hereby directed to maintain a general training and development program for all employees, a management development program for executives, middle level management and staff personnel, and other programs to train and improve the performance of City employees. Development and training may take the form of formalized training courses on employee time, either fee or under tuition reimbursement, seminars and workshops on City time, Citysponsored or provided courses on City time, rotation or exchange programs, special assignments, supervisory coaching and counseling, apprentice and work study programs, or any other appropriate method. b. Annual Review of Program. To maintain such programs, the Personnel Department shall, with the cooperation of each department head, annually review the existing programs and revise and update them as required. Programs shall include the following features. 1. General Employee Development and Training. Specific proposals on an individual and group basis to improve performance, identify promotional opportunities, and enhance the opportunities for promotion of non-management employees to management and other higher level jobs. 2. Management Development and Training. Identification of the key management jobs in the department, and (a) Identification of the sources of qualified replacements, individually and organizationally; (b) Specific individual proposals for improving the performance of incumbents and for broadening the experience and increasing the potential of replacements; (c) Identification of incumbents who are performing in an outstanding competent manner, with evidence of such competence, and proposals for recognition of such competence. c. Implementation of the Program. 1. Developing a Departmental Program. Representatives of the Personnel Department shall meet periodically with the departmental training committee or individual designated as training coordinator, shall review the development needs of employees of the department as related to organizational objectives, and shall draft a plan for the implementation of a training and development program to satisfy these needs. d. Records and Reports. Each departmental training committee or coordinator shall annually on September 1, report through its normal channels to the Personnel Department on the employee training and developmental programs held during the preceding fiscal year. Progress will be reviewed by the General Manager Personnel Department and the Director of the Office of Administrative and Research Services. The General Manager Personnel Department shall report to the Mayor and the City Council annually on January 1 on the progress of all departments as of June 30 each year. Based on Ord. No. 131,755. Amended by: Ord. No. 134,983; Ord. No. 143,615, Eff ; Ord. No. 173,308, Eff , Oper Sec Rules, Regulations and Standards. a. The Director of the Office of Administrative and Research Services and the General Manager Personnel Department are hereby authorized and shall be responsible for the establishment of rules, regulations and standards in order to carry out the provisions of this article. b. The Director of the Office of Administrative and Research Services and the General Manager Personnel Department shall assist the managers of all

137 departments in the establishment of departmental training committees or the appointment of departmental training coordinators. Based on Ord. No. 131,755. Amended by: Ord. No. 143,615, Eff ; Ord. No. 173,308, Eff , Oper Sec Specialized Training Courses and Agreements. a. The appointing authority of any department is hereby authorized to assign any employee of his department to take a specialized training course provided that such appointing authority determines that such a course is of direct value to the City and relevant to the employee s duties and will provide special knowledge and skills that cannot be provided through available in service training programs, and provided further that such specialized training course is first approved by the Director of the Office of Administrative and Research Services and the General Manager Personnel Department. b. The Director of the Office of Administrative and Research Services and the General Manager Personnel Department may by rule prescribe the conditions under which an employee may be required to repay the City for the cost of any tuition for which he was reimbursed or for the cost of any other training, institute or seminar on or off City time which was prepaid by the City, provided such payment by the City exceeds $300, if the employee fails to remain in the City service a reasonable length of time after completion of such training, to be determined by the appointment authority, but not to exceed three years. When an employee is required to repay the cost of tuition or training, he shall sign an agreement which appointing authorities are hereby authorized to execute, and which shall be substantially in the form set forth below. Such agreement shall not be deemed a contract of employment between the City and the employee executing the same. The standard form of such agreement shall be as follows: SPECIALIZED TRAINING AGREEMENT THIS AGREEMENT made and entered into this day of, 19, by andbetween the CITY OF LOS ANGELES, a municipal corporation, hereinafter referred to as CITY, and a City employee, hereinafter referred to as EMPLOYEE. WITNESSETH: WHEREAS, training is needed for certain personnel in the, (Department of Bureau) and the training of said personnel in (Type of Training) will promote efficiency and economy in City government, and WHEREAS, Specialized Training or a course involving Tuition Reimbursement costing in excess of $300 pursuant to the provisions of Los Angeles Administrative Code Section is available through (Organization Offering Training) which will provide the necessary skills and abilities to said employees in the field of and WHEREAS, (Employee Name) has been assigned to take a Specialized Training Course, or is eligible for Tuition Reimbursement for a course costing in excess of $300 pursuant to the provisions of Los Angeles Administrative Code Section 4.314, and WHEREAS, the necessary funds have been provided for this purpose, NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to pay for a Specialized Training Course or to provide Tuition Reimbursement for a course costing in excess of $300 conducted by. 2. Employee shall be paid his normal salary for his job classification while taking the Specialized Training Course herein referred to upon the basis of an eight (8) hour day, forty (40) hour week, without any compensation for overtime or other adjusted compensation or premium pay based upon time spent in taking such Specialized Training Course. If Employee is taking a course for which Tuition Reimbursement in excess of $300 has been approved in accordance with the provisions of Los Angeles Administrative Code Section 4.314, and which course is taken outside of the employee s regular hours of employment, no compensation shall be allowed for time spent in taking such course. Such Specialized Training Course, or the course approved for tuition reimbursement, shall consist of (Insert appropriate course description). 3. Employee agrees to reimburse the City for all money advanced by the City for Employee s Specialized Training Course or for money received as reimbursement for tuition upon leaving City service. Nothing contained herein shall be construed as requiring or obligating Employee to remain in City service; however, if Employee does remain in the employ of the City after completion of his Specialized Training Course or after receiving tuition reimbursement for a course costing in excess of $300 his obligation to reimburse the City for the cost of his Specialized Training Course or tuition reimbursement shall be reduced by % for each month

138 Employee remains with the City. 4. If Employee leaves City service because of death, prolonged illness, mental defects, disability or similar eventualities beyond the control of Employee, or because of termination for cause, or because of retirement, said obligation to reimburse the City shall be deemed satisfied and Employee shall make no payments to City. 5. This agreement shall not be deemed to be or construed a contract of employment between the parties hereto. IN WITNESS WHEREOF, the CITY OF LOS ANGELES has caused this agreement to be executed on its behalf by its duly authorized officers and EMPLOYEE has executed the same the day and year first above written. CITY OF LOS ANGELES, By City Employee ATTEST: City Clerk Based on Ord. No. 131,755. Amended by: Ord. No. 143,615, Eff ; Ord. No. 173,308, Eff , Oper Sec Reimbursement for Tuition. Reimbursement for tuition may be made to any employee who has requested training and for whom such training has been authorized under rules, regulations and standards established by the Director of the Office of Administrative and Research Services and the General Manager of the Personnel Department. No reimbursement shall be made to any person who has become separated from City service or to any person who is eligible for reimbursement for such training by any other governmental agency, organization or association. Based on Ord. No. 131,755. Amended by: Ord. No. 143,615, Eff ; Ord. No. 173,308, Eff , Oper Sec Cooperation by City Departments. Every officer, board or department of the City shall render all possible assistance to the General Manager Personnel Department and the Director of the Office of Administrative and Research Services in carrying out the provisions of this article. Based on Ord. No. 131,755. Amended by: Ord. No. 143,615, Eff ; Ord. No. 173,308, Eff , Oper ARTICLE 7 COMPENSATION AND MERIT PAY PLAN FOR GENERAL MANAGERS Section General Manager Positions Salary Rate for Chief Administrative Officers upon Appointment. Sec Objective.

139 Based on Ord. No. 138,417. Added by Ord. No. 138,924, Eff Amended by: Ord. No. 148,563, Eff , Oper ; Art. 7, Ch. 7, Div.4, Secs through 4.325, repealed by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div.4, added by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div. 4, amended by adding Secs through by Ord. No. 162,704, Eff , Oper ; In Entirety by Ord. No. 170,695, Eff , Oper Repealed by Ord. No. 173,423, Eff Sec General Manager Positions. The following positions are identified as General Manager positions: Class Title Class Code Chief Legislative Analyst 9296 Chief of Police 9359 City Administrative Officer 0010 City Clerk 9255 City Engineer 9497 City Librarian 9235 Director Bureau of Sanitation 7236 Director Bureau of Street Lighting 9265 Director Bureau of Street Services 4159 Director of Finance 9650 Director of Planning 9445 Director of Public Works 9242 Executive Director Department on Disability 9720 Fire Chief 9339 General Manager Airports 0161 General Manager and Chief Engineer Water and Power 9998 General Manager Animal Services 9245 General Manager Community Development 9250 General Manager Cultural Affairs 9696 General Manager Department of Aging 9218 General Manager Department of Neighborhood Empowerment 9222 General Manager Department of Transportation 9256 General Manager El Pueblo Historical Monument 9700 General Manager Emergency Management Department 9272 General Manager General Services Department 9254 General Manager Harbor Department 9289 General Manager Information Technology Agency 9380 General Manager Los Angeles City Employees' Retirement System 9150 General Manager Los Angeles Fire and Police Pensions 9267 General Manager Los Angeles Housing Department 9270 General Manager Convention Center 9695 General Manager Personnel Department 9295 General Manager Recreation and Parks 9243 General Manager Zoo Department 9500 Inspector of Public Works 0202 Superintendent of Building 9205 Treasurer 9645 Based on Ord. No. 138,417. Added by Ord. No. 138,924, Eff Amended by: Ord. No. 148,563, Eff , Oper ; Art. 7, Ch. 7, Div. 4, Secs through 4.325, repealed by Ord. No. 162,091, Eff , Oper Art. 7, Ch. 7, Div. 4, added by Ord. No. 162,091, Eff , Oper Art. 7, Ch. 7, Div. 4, amended by adding Secs through 4.324, by Ord. No. 162,704, Eff , Oper ; New title, Ord. No. 165,305, Eff, ; Ord. No. 166,008, Eff ; Ord. No. 170,215, Eff , Oper ; Ord. No. 170,600, Eff ; In Entirety by Ord. No. 170,695, Eff , Oper ; Ord. No. 170,864, Eff , Oper ; Ord. No. 171,263, Eff ; Ord. No. 171,549, Eff ; Ord. No. 171,635, Eff , Oper ; Ord. No. 172,772, Eff , Oper ; Ord. No. 173,308, Eff , Oper Repealed by Ord. No. 173,423, Eff Added by Ord. No. 181,782, Eff Sec Salary Rate for Chief Administrative Officers Upon Appointment. (a) The methods for appointment, evaluation and adjustment of compensation for chief administrative officers shall be in accordance with Charter Section

140 508 and the guidelines established by the City Council as required therein. The provisions of this Article shall apply to the following chief administrative officers: Chief Legislative Analyst Chief of Police City Administrative Officer City Clerk City Engineer City Librarian Director, Bureau of Sanitation Director, Bureau of Street Lighting Director, Bureau of Street Services Director of Finance Director of Planning Director of Public Works Executive Director Department on Disability Fire Chief General Manager Airports General Manager and Chief Engineer Water and Power General Manager Animal Services General Manager Community Development General Manager Cultural Affairs General Manager Department of Aging General Manager Department of General Services General Manager Department of Neighborhood Empowerment General Manager Department of Transportation General Manager El Pueblo Historical Monument General Manager Emergency Management Department General Manager Harbor Department General Manager Information Technology Agency General Manager Los Angeles City Employees' Retirement System General Manager Los Angeles Fire and Police Pensions General Manager Los Angeles Housing Department General Manager Convention Center General Manager Personnel Department General Manager Recreation and Parks Department General Manager Zoo Department Inspector of Public Works Superintendent of Buildings Treasurer (b) Upon the regular appointment of a person to a position of chief administrative officer, the Mayor shall recommend a proposed bi-weekly salary rate that falls within the salary range for the position to which the person is being appointed. The recommendation shall be referred to the Executive Employee Relations Committee of the City Council for its review. The Committee may adopt the Mayor s recommendation and forward it to the City Council for action or the Committee may make a new and different recommendation on salary and forward that recommendation to the City Council for action. (c) Notwithstanding Sections 4.90 and 4.91 of this Code, a person who receives a temporary appointment as a chief administrative officer pursuant to Charter Section 508(c) or a person designated under the provisions of Charter Section 210 to serve as the acting incumbent in the office of the Treasurer, the City Clerk or the City Administrative Officer, shall receive a salary at a bi-weekly rate that is either fifteen percent higher than the salary of the position's highest paid subordinate or is equal to the bi-weekly rate of the prior incumbent, whichever is less. The City Administrative Officer shall calculate the appointment or designation salary rate and notify the Controller of that rate. The Mayor may recommend a salary rate that is different from that provided for in this subdivision. Such recommendation shall be subject to the approval procedure provided in Subsection (b) of this section. (d) In no case shall the appointment or designation salary rate be lower than the salary range minimum or higher than the salary range maximum. Based on Ord. No. 138,417. Added by Ord. No. 138,924, Eff Amended by: Art. 7, Ch. 7, Div.4, Secs through 4.325, repealed by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div. 4 added, Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div. 4, Secs through 4.324, Ord. No. 162,704, Eff , Oper ; Subsec. (c), Subdiv. 2., Ord. No. 164,900, Eff ; Ord. No. 166,077, Eff ; Subsec. (d), Ord. No. 167,358, Eff ; Subsec. (d), Subdiv. (1), Ord. No. 167,510, Eff ; In Entirety by Ord. No. 170,695, Eff , Oper ; Subsec. (b), Ord. No. 171,491, Eff ; Ord. No. 173,308, Eff , Oper ; Subsecs. (a), (c), (d), and (e), Repealed and Subsec. (a), (b), (c) and (d) Amended by Ord. No. 173,423, Eff ; Subsec. (a), Ord. No. 179,994, Eff ; Subsecs. (a) and (c), Ord. No. 181,782, Eff

141 Sec Evaluation Procedure Based on Ord. No. 138,417. Added by Ord. No. 138,924, Eff Amended by: Art. 7, Ch. 7, Div.4, Secs through 4.325, repealed by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div.4, added by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div. 4, adds Secs through 4.324, by Ord. No. 162,704, Eff , Oper ; Subsecs. (c), (e), (f), Ord. No. 164,900, Eff ; Ord. No. 166,077, Eff ; Subsec. (f), Ord. No. 170,215, Eff , Oper ; In Entirety by Ord. No. 170,695, Eff , Oper Repealed by Ord. No. 173,423, Eff Sec Transition to 24-Month Rating Cycles Added by Ord. No. 166,077, Eff , Oper Deleted by, Ord. No. 170,864, Eff , Oper Repealed by Ord. No. 173,423, Eff Sec Outside Employment, Hours of Work, and Absences from Duty of General Managers. Based on Ord. No. 138,417. Added by Ord. No. 138,924, Eff Amended by: Art. 7, Ch. 7, Div.4, Secs through 4.325, repealed, by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div.4, added by Ord. No. 162,091, Eff , Oper ; Art. 7, Ch. 7, Div. 4, adds Secs through by Ord. No. 162,704, Eff , Oper Repealed by Ord. No. 173,791, Eff ARTICLE 8 TEMPORARY LOAN OF EMPLOYEES AMONG CITY DEPARTMENTS, OFFICES OR BUREAUS Section Conditions of Assignment of Employees to Other Departments, Offices or Bureaus Payroll Status of Loaned Employees Non-applicability of Article upon Charter Powers of Chief Administrative Officer or Board Reports Required upon Loan of Employees. Sec Conditions of Assignment of Employees to Other Departments, Offices or Bureaus. If, due to an unanticipated occurrence of short duration, a department, office or bureau cannot properly discharge its duties and responsibilities with those employees authorized for it, and if there is not sufficient time or if it is not practicable to obtain additional employment authority and the necessary funds therefor, the appointing authority of any other office, bureau or department may, upon request of the appointing authority of the department, office or bureau requiring additional employees, temporarily assign employees under his control to such department, office or bureau for a period not to exceed 14 calendar days. Such temporary assignment shall in all cases be within the scope of work which may properly be assigned to a civil service employee of the class occupied by the employee so assigned. Added by Ord. No. 141,637, Eff Sec Payroll Status of Loaned Employees. Employees loaned under authority of this article shall remain on the payroll of the lending department, office or bureau for the period of the loan, but shall conform to the hours and rules of the department, office or bureau to which they are loaned. Added by Ord. No. 141,637, Eff

142 Sec Non-applicability of Article Upon Charter Powers of Chief Administrative Officer or Board. None of the provisions of this article shall limit or restrict the power of the Director of the Office of Administrative and Research Services or board of any department to issue instructions to their respective employees or to assign employees to other departments for training or other purposes for the benefit of the assigning department. Nor shall the provisions of this article limit or restrict the powers of the Mayor to transfer personnel under the provisions of Charter Section 233. Added by Ord. No. 141,637, Eff Amended by: In Entirety, Ord. No. 173,023, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Reports Required upon Loan of Employees. Each department, office or bureau who lends any of its employees pursuant to this article shall file a report each month with the Director of the Office of Administrative and Research Services stating the name of the employee loaned, the employee s classification, the date and place of assignment or transfer and the duration of the loan. Added by Ord. No. 141,637, Eff Amended by: Ord. No. 152,752, Eff ; Ord. No. 173,308, Eff , Oper ARTICLE 9 NON-DISCRIMINATION IN EMPLOYMENT Section [No Title.] [No Title.] [No Title.] [No Title.] [No Title.] [No Title.] [No Title.] Sec The City is dedicated to the goal of equal employment opportunity based on merit system principles, free of discrimination or harassment on the basis of race, color, national origin, ancestry, religion/creed, sex, disability, age, medical conditions (cancer), marital status, sexual orientation, retaliation for filing a claim of discrimination, or being afflicted or perceived as afflicted with Acquired Immune Deficiency Syndrome (AIDS) or the Human Immunovirus (HIV). The responsibilities of all City employees to ensure that the City provides an environment free of discrimination and harassment on these or any other non-work-related basis are set out in the City s policies. Added by Ord. No. 161,907, Eff Amended by: Ord. No. 164,741, Eff ; Oper Article and Section Repealed by Ord. No. 165,617, Eff Article re-added and Section added by Ord. No. 170,391, Eff Sec All City departments shall comply with applicable federal and state anti-discrimination laws and with the City s anti-discrimination laws (including, but not limited to Chapter IV, Article 12 of the Los Angeles Municipal Code) and the City s policies and directives regarding discrimination and harassment in letter and in spirit. To that end, City departments are charged with: (a) (b) making decisions on employee selection, assignment, training, promotion, transfer, and discipline on work-related merit system principles; ensuring that all employees are familiar with the City s policies and directives through orientation and training;

143 (c) establishing an internal discrimination and harassment complaint procedure which employees who believe they have a valid complaint may use in seeking timely, appropriate redress, and publicizing that procedure adequately; (d) providing prompt remediation and training when necessary; and (e) taking prompt and appropriate disciplinary action to punish noncompliance, including supervisory failure to ensure that City work environments are free from discrimination and harassment by other City employees or by patrons of City services and departments. Added by Ord. No. 170,391, Eff Amended by: 1st Unnumbered Para., Ord. No. 173,004, Eff , Oper Sec All City departments shall designate one or more staff members as Equal Employment Opportunity counselors and shall ensure that such staff are thoroughly trained in the City s policies and directives, as well as provided more general training in equal employment opportunity and affirmative action principles, so that they may effectively receive complaints of discrimination, counsel employees, investigate complaints, and carry out related responsibilities intended to foster nondiscrimination and eliminate harassment in the City s workplaces. Added by Ord. No. 170,391, Eff Sec The City Personnel Department shall foster the City s nondiscrimination policy and ensure that it is adhered to in those functions which fall under its purview, including the recruitment, testing, screening, training, and position classification of applicants and employees. Added by Ord. No. 170,391, Eff Sec The Personnel Department will promote a discrimination-free work environment by: (a) (b) (c) (d) (e) Mayor. providing training and assistance in the matters covered by the Article to City departments; adopting disciplinary policies which punish non-compliance; disseminating information on the City s nondiscrimination, harassment-free work environment by all practicable means; investigating complaints of discrimination or harassment promptly and fully; and designating members of its staff to serve as special counselors for certain kinds of discrimination, as directed by the City Council and the Added by Ord. No. 170,391, Eff Sec (a) The policy of the City of Los Angeles has been, and will continue to be, to promote and maintain an environment free from sexual orientation discrimination. Discrimination and harassment on the basis of sexual orientation is illegal, as well as harmful to those in work environments affected by offensive, intolerant and hostile behaviors. Sexual orientation discrimination inhibits optimal performance, demeans esteem, creates contention and diminishes productivity. The City is committed to ensuring merit based human resource management decisions that value high performance, public service excellence and inclusion; and therefore reiterates its policy of equal employment opportunity and non discrimination. (1) Sexual orientation refers to whether a person is romantically or sexually attracted to other adults of a different sex (as is true for those who are heterosexual), the same sex (as is true for those who are lesbian or gay) or both (as is true for those who are bisexual). Discrimination is prohibited on the

144 basis of one's actual or perceived sexual orientation, so that even if one's actual sexual orientation is misperceived by a wrongdoer, the wrongdoer can still be liable for sexual orientation discrimination. (b) In 1979, the City of Los Angeles adopted Ordinance No. 152,458, Municipal Code Section 49.70, which established and defined the City's intent to promote and maintain a working environment free from discrimination on the basis of sexual orientation. Specifically, the ordinance protects gays, lesbians, bisexuals, and heterosexuals from discrimination in employment, housing, business establishments, City facilities and services, and education. Additionally, effective January 1, 2000, sexual orientation was included in the State Fair Employment and Housing Act as one of the bases on which complaints of employment discrimination can be filed. (c) Discrimination by any City employee in any City employment practice on the basis of an individual's sexual orientation (or perceived sexual orientation) is unacceptable and will not be tolerated. No City officer or employee shall consider an applicant's or employee's known or perceived sexual orientation in any pre-employment or employment action or decision, including but not limited to background checking, testing, hiring, assigning, training, transferring, upgrading, promoting, compensating, disciplining and discharging. Nor shall any City officer or employee classify or otherwise treat a City employee differently because of the employee's known or perceived sexual orientation. City policy shall prohibit, as a form of discrimination, the creation of or contribution to a hostile, intimidating, threatening, offensive or abusive work environment on the basis of an individual's known or perceived sexual orientation. This includes written, spoken, graphic or demonstrative derogatory terms, slurs, comments, gestures, ridicule, threats, rumors, or jokes with respect to an individual's known or perceived sexual orientation. (d) Further, it is City policy that prompt and appropriate action be taken to deter and punish sexual orientation discrimination and harassment. Therefore, it shall be the responsibility of each Department manager to take all steps reasonably necessary to remedy violations and prevent future violations of this Section, including taking appropriate disciplinary action, to ensure and maintain a working environment free from sexual orientation discrimination and harassment. (e) Additionally, all reported allegations of sexual orientation discrimination will promptly be fully documented and promptly, adequately and completely investigated. (f) City policy prohibits retaliation by the City or any department or employee based on reporting a claim of discrimination on the basis of sexual orientation or for supporting such a complaint (as a witness or otherwise) or for opposing such discrimination. Therefore, no City employee may intimidate, penalize, or take action against an individual for filing a complaint of discrimination on the basis of sexual orientation nor engaging in any other protected activity. (g) Employees who believe that this policy has been violated may and are strongly encouraged to report policy violation(s) by contacting either: the EEO Counselor of his/ her Department; the City's Sexual Orientation Counselor in the Personnel Department; or, the Personnel Department's Office of Discrimination Complaint Resolution. (1) Investigations will be conducted in accordance with the Sexual Orientation Discrimination Complaint Procedure and/or Citywide Discrimination Complaint Procedure. (2) To the maximum extent allowed by law, but limited by its duty to conduct a prompt and thorough investigation and the practical consequences thereof, the City will provide confidentiality with respect to the filing and investigation of complaints of discrimination based upon sexual orientation. (h) The Mayor is ultimately responsible, through respective department management, for the management and administrative control of departmental activities and will continue to foster a positive and productive working environment for all employees and vigorously enforce all Federal, State and City equal employment opportunity and non discrimination laws, directives and policies. The Personnel Department shall continue to be the lead agency for equal employment opportunity policy and complaint resolution, specifically as it relates to monitoring policy compliance and investigating and resolving complaints of discrimination. The Personnel Department will also provide additional guidance to departments for compliance with this policy and other non discrimination laws, policies and procedures and recommended training. Added by Ord. No. 180,189, Eff Sec (a) The policy of the City requires that prompt and appropriate action be taken to deter and punish sexual orientation discrimination. Therefore, persons believing that they are victims of sexual orientation discrimination are strongly encouraged to report any and all incidents. (b) An employee making a sexual orientation discrimination complaint can choose to file the complaint with the employee's department EEO Counselor, the City's Sexual Orientation Counselor, the City's Civil Service Commission, and/or with an external non-discrimination enforcement agency. Complaints filed about pre-employment or employment actions or actions directly related to Personnel Department functions should be directed to the City's Sexual Orientation Counselor, and/or to an external, non-discrimination enforcement agency. (c) Complaints filed internal to the City must be filed within one (1) year from the date of the last act alleged to be discrimination. Otherwise, the complaint may be considered untimely.

145 (d) Although complaints must be prepared and filed on an employee's own time, department managers and supervisors should allow the employee filing the complaint and all other employees who are interviewed as part of the investigation to be interviewed while on city time when requested by staff conducting the discrimination investigation. A person filing a sexual orientation discrimination complaint shall have the right of representation by any designated person or organization. (e) Information concerning the City's non-discrimination policies, complaint procedures and filing options, as well as filing deadlines, will be provided by the City's Sexual Orientation Counselor or the City's Civil Service Commission upon request. (f) An individual who files a compliant with the California Department of Fair Employment and Housing ("DFEH") shall not lose any rights he or she has to pursue redress under the City's internal complaint procedures. A DFEH filing shall not terminate or have any other negative impact on the City's investigation or processing of a parallel complaint filed with any City entity. Individuals who file complaints with the DFEH are encouraged to also file with the City, so the City has the opportunity to investigate the complaint, correct the situation, and offer an acceptable remedy to the complainant. Even where an internal complaint is not filed, the City shall conduct its own investigation upon learning of a complaint to an outside agency in an effort to prevent further occurrences or complaints. (g) An employee who perceives comments, gestures or actions which offend against another employee's sexual orientation made by an employee or supervisor should immediately and clearly communicate to that person that such behavior is offensive. (h) An employee involved in a discrimination complaint as either the complainant, the accused, or as a witness, has the following rights and responsibilities: (1) The complaining employee should immediately report the sexual orientation discrimination complaint to her or his supervisor, or to the department's EEO Counselor, or to the City's Sexual Orientation Counselor in the Personnel Department's Office of Discrimination Complaint Resolution. (2) The employee has the right to a confidential conference with the person to whom the sexual orientation complaint is made. Additionally, the complainant has the right of representation by any designated person or organization, e.g., a union representative, an attorney, or another individual of the complainant's choice. (3) If an employee chooses to initiate a complaint of sexual orientation discrimination, the employee's department EEO Counselor or the City's Sexual Orientation Counselor should make preliminary efforts to resolve the complaint. If it is not resolved, an investigation will be conducted. (4) All investigations, whether conducted by the department EEO Counselor or the City's Sexual Orientation Counselor, will be handled with discretion, sensitivity and due concern for the dignity of those involved, and will be conducted consistent with the procedures indicated in this document. As in any discrimination complaint investigation, information will be kept confidential to the maximum extent allowed by law. (5) Anyone who is alleged to have committed acts of sexual orientation discrimination will be contacted during the investigation and allowed to make a statement. Any person accused or alleged to have committed acts of discrimination or harassment has the right to representation by a union representative or an attorney. (6) Any employee who witnesses an incident of sexual orientation discrimination or harassment shall cooperate in any investigation. Any employee who fails or refuses to cooperate or to be truthful shall be subject to disciplinary action, up to and including termination from City employment. (7) Employees are entitled to a timely resolution of all complaints. (i) Each City department General Manager must designate an EEO Counselor and ensure that all department employees are made aware of the name and phone number of the designated Counselor. All department EEO Counselors who may receive a complaint of discrimination or harassment based on sexual orientation shall receive specialized training in the law and on the City's policies and procedures governing sexual orientation discrimination and harassment and the handling of discrimination and harassment complaints; personnel complaint documentation, investigation and reporting; interviewing skills and techniques; and federal, state and City resources available to assist those concerned about such discrimination or harassment. Handling a complaint of sexual orientation discrimination or harassment according to the responsibilities outlined below shall be considered a primary duty assignment. The EEO Counselor shall not be constrained in conducting a proper investigation by any City employee, manager or supervisor. Each department EEO Counselor has the following responsibilities with regard to a sexual orientation complaint: (1) The Counselor shall initiate an inquiry into the alleged sexual orientation harassment or discrimination. The Department EEO Counselor may not refuse to accept or investigate a complaint that alleges sexual orientation discrimination or harassment. (2) The Counselor shall meet with the complaining employee at the employee's earliest convenience. The Counselor shall fully inform the employee about the City's sexual orientation policies and discrimination complaint procedures and shall answer questions that the employee may have regarding the City's policies and procedures. The Counselor shall provide the complainant with relevant referral and resource information, including a general statement that there are time limitations for filing a complaint with an outside agency. (3) The Counselor shall listen to the employee's complaint and discuss the complaint with discretion, sensitivity and due concern for the dignity of those involved. The Counselor shall ask the complaining employee what remedy he or she seeks, including whether the complainant seeks a temporary or permanent transfer for the alleged offender or for him or herself.

146 (4) The Counselor shall fully record and document the complaint, including the complainant's proposed resolution to the alleged violation(s). The Counselor shall document all informal resolution efforts. (5) The Counselor shall notify the City's Sexual Orientation Counselor of the complaint. (6) The Counselor shall conduct a complete and timely investigation into the complaint, including conducting interviews with all non-cumulative witnesses and others who may be involved. The investigation will be conducted consistent with the procedures included in this section. (7) The Counselor shall immediately notify the City Sexual Orientation Counselor in writing if any City Department, manager, supervisor or employee fails to cooperate fully during the investigation. (8) The Counselor will communicate to the complainant in writing the status of the investigation at least once every two months. (9) Upon completion of the investigation, the Counselor shall prepare a report of the results of the investigation. The Counselor shall inform complainants if disciplinary action is taken against the accused employee, although not the specific nature of the action. No information provided to the complaining employee shall compromise any confidentiality or privacy protection afforded to the accused employee under the law or City policy. The Sexual Orientation Counselor should contact the Office of the City Attorney if there are questions in this area. (10) If the employee is not satisfied with the way the sexual orientation discrimination complaint has been resolved, the Counselor shall fully inform the employee of his or her additional rights under the law. These rights include appealing, filing a complaint under the Citywide Discrimination Complaint Procedure, filing a complaint with the Civil Service Commission, and filing a complaint with the State Department of Fair Employment and Housing (DFEH) and/or in court. (j) Prior to any employee assuming any of the above duties as the City Sexual Orientation Counselor, the employee must have received training in the law and the City's policies and procedures governing discrimination and harassment and the handling of discrimination and harassment complaints; personnel complaint documentation, investigation, and reporting; interviewing skills and techniques; and federal, California, and City of Los Angeles resources available to assist those concerned about such discrimination or harassment. This training must be sufficient to enable the City Sexual Orientation Counselor competently to perform all of the duties required to handle issues related to sexual orientation discrimination and harassment on a Citywide basis, including training and providing guidance to department EEO Counselors. Prior to or shortly after assuming the above duties, the Sexual Orientation Counselor shall seek out and obtain specialized training in the law governing sexual orientation discrimination and harassment and handling complaints thereof. The City's Sexual Orientation Counselor has all of the duties and responsibilities of a department EEO Counselor, as well as the following additional responsibilities: (1) Issue Personnel Department Discrimination Complaint Report numbers. (2) Accept, investigate and complete any sexual orientation discrimination or harassment complaint that is referred from a department EEO Counselor. (3) Maintain custody of completed sexual orientation discrimination and harassment complaint investigations. (4) Maintain a copy of each completed sexual orientation discrimination or harassment complaint investigation report in secure storage in City filing facilities for no less than five years. (5) Advise EEO Counselors on sexual orientation complaint intake and investigation. (6) Ensure that the posting notification containing the name and phone number of the City Sexual Orientation Counselor is maintained, accurate and conspicuous in all City Department Offices, and promptly compile a written report for the Personnel Department General Manager and the City Board of Civil Service Commissioners of any locations where postings have been removed. (k) The City also has a Sexual Orientation Coordinator, which position is situated in the City's Personnel Department. The Sexual Orientation Coordinator's areas of responsibility include training and policy and procedure development for the City on issues related to sexual orientation. The Sexual Orientation Coordinator, in cooperation with the Sexual Orientation Counselor, shall provide training to department EEO Counselors on conducting sexual orientation complaint investigations. (l) It is the responsibility of City Management to take necessary steps to prevent sexual orientation discrimination, and when a complaint is made, has been investigated, and found to exist, to remedy any sexual orientation discrimination that is discovered. (m) It is the responsibility of the Personnel Department to ensure that the operating departments are in compliance with the Sexual Orientation Discrimination Complaint Procedures, and to monitor said compliance on an ongoing basis. Added by Ord. No. 180,189, Eff

147 ARTICLE 9.5 INVESTIGATION OF COMPLAINTS OF DISCRIMINATION AND SEXUAL HARASSMENT AGAINST CITY OFFICIALS Section Findings and Statement of Policy Special Committee on Investigative Oversight The Independent Investigator Role of the City Council Role of the Personnel Department Role of the City Attorney Confidentiality. Sec Findings and Statement of Policy. Currently, procedures are in place throughout City government for the investigation of complaints of discrimination and sexual harassment brought against City employees. These procedures include, among other things, both informal and formal investigative procedures, depending on the circumstances. With respect to the City s elected officials, however, a process is in place, but it goes no further than the informal stage. Thus, no procedure now exists within City government for the formal investigation of such complaints against the City s top elected officials. The public properly should expect that the City will thoroughly and fairly investigate all complaints of discrimination and harassment against the City s officials, irrespective of the station of the person against whom the complaint is directed. The procedure established by this Ordinance will redress the current imbalance and afford the citizens of the City the assurance that like the employees they direct, if circumstances warrant, the City s top elected officials will be subjected to a full investigation of the discrimination and harassment complaints against them. The procedure herein created also will serve the City well in dealing with potential or actual litigation arising out of the complaints in question. It is hoped that the very existence of this process will assist in resolving complaints without the necessity of litigation. This is one of the rationales for the long-standing investigative procedure applicable to City employees that is administered by the Civil Service Commission. If litigation should result nonetheless, in having the results of an investigation, the City will be better equipped to assess the merits of the case and otherwise to deal with the demands put upon City government thereby, such as, deciding whether the official in question is entitled to a defense at City expense. Beyond this, the information learned from an investigation may make it possible to rectify problems where they do exist and prevent the injury of others. The procedure bifurcates responsibility between a Special Committee on Investigative Oversight and the City Council. The Committee will perform the important function of gatekeeper at the point where the launching of a formal investigation by an independent investigator is a possibility. While the Committee will not perform the investigation, the decision to begin one is itself significant. Once such a decision is made, the Committee will be charged thereafter with ensuring that the investigation is thorough and complete, but will go no further. All else will be the province of the City Council. Findings, conclusions, and remedial actions, if any, all will emanate from the Council and the Council alone. This allocation of responsibility in the procedure draws upon the structure of Los Angeles City government as set forth in the City Charter. The final authority in these matters will be the Council. Being composed of members elected by district, the Council as a body rightly can speak for the City in these important matters. Article and Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff ; Ord. No. 173,365, Eff Sec Special Committee on Investigative Oversight. (a) There is hereby created a Special Committee on Investigative Oversight. It shall consist of two former judges, one male and one female, two law school professors, one male and one female, each with expertise in the area of employment law, and one member of the American Arbitration Association. (b) The members of the Special Committee shall be chosen from a list of appropriately qualified individuals which shall be developed, maintained and periodically updated by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the full Council. (c) Members of the Special Committee shall be paid a stipend for their service on the Committee from an account established and maintained in the office of the Director of the Office of Administrative and Research Services. (d) The concurring vote of at least three members is required for the Special Committee to take action.

148 (e) The Special Committee shall be convened by the President of the City Council or the Mayor when notified by the Personnel Department that a discrimination or sexual harassment complaint against an elected official has been received. The members of the Special Committee shall be chosen by the Personnel Department by lot from those individuals who were on the list prior to a complaint being received and who are currently available to serve. (f) The Special Committee shall have the following powers and duties: 1. to refer the complaint to the Personnel Department for informal resolution efforts, if appropriate; 2. to determine if there is sufficient cause for an investigation; 3. to authorize an investigation by an independent investigator into the complaint of discrimination or sexual harassment; 4. to review the results of the investigation to determine if further investigation is warranted; to refer the matter back to the investigator if further investigation is warranted; and/or to forward the completed investigation to the full Council for appropriate action; 5. to make rules as necessary to carry out the powers and duties of the Committee. Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff Sec The Independent Investigator. (a) When the Special Committee authorizes an investigation into a complaint of discrimination or sexual harassment against an elected official, an independent investigator will be selected from a list of prominent and respected citizens who are not employed by the City. The individuals on the list should have expertise in the fields of employment law, law enforcement, government or other, related, fields. The list shall be developed, maintained and periodically updated by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the full Council. (b) When a matter is referred to an independent investigator, the Personnel Department shall select an investigator by lot from those who were on the list prior to the complaint being received and who are currently available to accept the assignment The independent investigator will then select his or her own staff to assist with the investigation. (c) The independent investigator will be responsible for conducting the investigation. He or she shall have access to any City employee who may provide relevant information, including the complainant and the accused and any witnesses provided by them. The investigator shall also have access to City resources and documents as required to conduct the investigation. Should necessary access be denied, the investigator shall report back to the Special Committee for further instructions. (d) The independent investigator shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and order by subpoena the production of documents, records or other materials relevant to the investigation. (e) At the completion of the investigation, the independent investigator shall submit to the Special Committee a comprehensive report containing an investigative summary of the evidence received, an analysis of the evidence, factual findings, a conclusion and recommendations regarding resolution of the complaint. (f) Each fiscal year, there shall be included in the Contract Services Account of the budget of the Personnel Department funds to support any independent investigator authorized by this Section. Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff Sec Role of the City Council. The City Council shall have the following powers and duties with respect to its role in handling complaints of discrimination or sexual harassment against elected officials: (a) (b) to review and adopt the list of individuals for appointment to the Special Committee on Investigative Oversight as provided in Sec above; to review and adopt the list of independent investigators as provided in Sec above;

149 (c) to review the report of the independent investigator upon its being forwarded by the Special Committee to the Council for action; (d) (e) to hear presentations from the individuals involved, if appropriate, and to make findings on the claims of discrimination or sexual harassment; to make referrals of issues arising out of the investigation to appropriate Council Committees for their consideration; (f) to report to the appropriate local, state or federal authorities any substantial evidence of a violation of law regarding the performance of duties by a public officer or employee. Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff Sec Role of the Personnel Department. The General Manager of the Personnel Department shall have the following duties with respect to the Department s role in handling complaints of discrimination or sexual harassment against elected officials: (a) to maintain and periodically update, in conjunction with the Chief Legislative Analyst and the City Attorney, a list of individuals, as described in Sec above, who may be chosen to act as members of the Special Committee on Investigative Oversight, and submit this list to Council for adoption; (b) to choose, by lot, the members of the Special Committee when such Committee is to be convened, as provided in Sec above. (c) to maintain and periodically update, in conjunction with the Chief Legislative Analyst and the City Attorney, a list of impartial individuals, as described in Sec above, who may be chosen to act as independent investigators, and submit this list to Council for adoption; (d) (e) (f) (g) to choose, by lot, the person to serve as an independent investigator, as provided in Sec above. to administer any contracts necessary to implement an independent investigation authorized by the Special Committee; to provide staff to serve as liaison to the independent investigator, if requested; to provide necessary on-site assistance and coordination between the staff of the independent investigator and the City. Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff Sec Role of the City Attorney. The City Attorney shall have the following duties with respect to his or her role in handling complaints of discrimination or sexual harassment against elected officials: (a) to maintain and periodically update, in conjunction with the Personnel Department and the Chief Legislative Analyst, a list of individuals, as described in Sec above, who may be chosen to act as members of the Special Committee on Investigative Oversight. (b) to maintain and periodically update, in conjunction with the Personnel Department and the Chief Legislative Analyst, a list of impartial individuals, as described in Sec above, who may be chosen to act as independent investigators. (c) (d) to provide legal services to the Special Committee; to provide legal services to the City Council with respect to any matter brought before it under this Ordinance. Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff Sec Confidentiality.

150 (a) All investigations conducted under this Ordinance shall be conducted with highest degree of confidentiality legally permissible. (b) Records of the investigation shall be maintained as personnel records. (c) Meetings of the Special Committee or the full Council to consider allegations of discrimination or sexual harassment against an elected official or investigations thereof may be held in closed session, as otherwise provided by law. (d) It is the intent of this Ordinance that Special Committee members, the independent investigator, staff and all involved parties, including the accused elected official and his or her representatives and the complainant and his or her representatives, shall not disclose to any person whatever any information regarding the fact or nature of the complaint(s), the investigation or any related information unless such disclosure is authorized by the Special Committee. Section Added by Ord. No. 171,230, Eff Amended by: Ord. No. 173,365, Eff ARTICLE 10 EMPLOYMENT OF CHIEF ADMINISTRATIVE OFFICERS Sec [No Section Title] Article and Section Added by Ord. No. 170,696, Eff Amended by: Subsec. (e), last sentence, new last sentence added, Ord. No. 171,032, Eff Repealed by Ord. No. 173,423, Eff ARTICLE 11 RIGHTS OF EMPLOYEES WHO CONTACT OR ARE CONTACTED BY THE INSPECTOR GENERAL OF THE POLICE COMMISSION Section The Need to Protect Employees Who Contact or Who Are Contacted by the Inspector General Retaliation Prohibited Confidentiality of Information Obtained by the Inspector General. Sec The Need to Protect Employees Who Contact or Who are Contacted by the Inspector General. Under the City Charter the Inspector General, acting under the ultimate authority of the Board of Police Commissioners, oversees the police disciplinary process. Equipped with investigative authority, the Inspector General requires information from complainants and witnesses to operate effectively. Employees should be free to contact the Inspector General or respond to queries from the Inspector General without having to fear that their employment might be adversely affected. The fact of such contact should be regarded as entirely irrelevant event in that regard. Retaliation against employees by adverse employment action or harassment represents both unfair and unacceptable treatment of employees and undermines the effectiveness of oversight efforts of the Inspector General by threatening the continued flow of information. Similarly, protection of the identity of persons who file complaints with the Inspector General and of witnesses contacted by the Inspector General may be necessary to assure the Inspector General s effectiveness. While the law may in some instances require disclosure of identity and in others the Board of Police Commissioners may determine that disclosure is required for law enforcement or other purposes, every effort should otherwise be undertaken to protect the confidentiality of complainants and witnesses. The Police Department has a policy forbidding retaliation for reporting misconduct, testifying or supporting a complainant, advising a complainant, assisting or participating in related investigations and proceedings, or taking other protected actions. The Department maintains that such policy fully applies to retaliation for contacts with the Inspector General, and this ordinance references the current policy and future revisions. Article and Section Added by Ord. No. 172,466, Eff

151 Sec Retaliation Prohibited. No employee shall retaliate against any person for having contacted or having been contacted by the Inspector General. The proscribed retaliation shall include, but not be limited to, causing an employee to suffer an adverse employment action or to be subjected to harassment. No employee shall assist another person engaged in retaliation. Adverse employment action shall include, but not be limited to, discipline (formal or informal), reduction in compensation, denial of advancement, change of assignment, or transfer to another work location. Harassment shall consist of other unwarranted treatment whether committed by a superior or a co-employee. Police Department employees are expected to comply with policies adopted by the Board of Police Commissioners or the Chief of Police that forbid retaliation in connection with contacts with the Inspector General including, but not limited to, Special Order No. 8 issued July 31, 1997 which details the prohibited conduct, sets forth supervisorial responsibilities, and requires the reporting of retaliation as a form of misconduct and any subsequent revisions of that policy. Taking action against an employee that is justified on the merits does not constitute retaliation forbidden by this provision. Because the fact that an employee is in contact with the Inspector General should be regarded as entirely irrelevant to the employee s status or how the employee should be treated, just as the employee should not suffer retaliation as a result, so such contact should not be seen as providing immunity to an employee from performing his or her obligations under the law or as an employee. Section Added by Ord. No. 172,466, Eff Sec Confidentiality of Information Obtained by the Inspector General. Except as may be required by law or those with authority over the Inspector General under Charter Section 573, information relating to complaints received by and investigations conducted by the Inspector General shall be regarded as confidential. Section Added by Ord. No. 172,466, Eff Amended by: Ord. No. 173,308, Eff , Oper CHAPTER 8 EMPLOYER - EMPLOYEE RELATIONS Section Statement of Purpose Definition of Terms Employee Relations Board Advisory Management Council Qualifications of Employee Organizations Formal Recognition of Employee Organizations Meeting and Conferring and Consulting Resolution of Impasses in Meeting and Conferring Paid Time off for Representatives of Recognized Employee Organizations Advance Notice to Employee Organizations Availability of Data Employee Rights City Management Rights Unfair Employee Relations Practices Grievance Procedure for Recognized Employee Organizations Organization for Relationships with Employee Organizations Applicability Construction Separability. Sec Statement of Purpose.

152 It is the purpose of this chapter to establish policies and procedures for the administration of employer-employee relations in city government, the formal recognition of employee organizations and the resolution of disputes regarding wages, hours and other terms and conditions of employment. Added by Ord. No. 141,527, Eff Sec Definition of Terms. The words and terms defined in this section shall have the following meanings in this chapter. Any term not defined herein which is defined in the Meyers- Milias-Brown Act shall have the meaning set forth therein. Board The Employee Relations Board established by this chapter. City The City of Los Angeles. Confidential Employee An employee who is privy to information leading to decisions of City management affecting employee relations. Consult or Consultation To communicate orally or in writing for the purpose of presenting or obtaining views or advising of intended actions. Day A calendar day. Determining Body or Official The body or official who has final authority to make a decision on matters under discussion within the scope of representation. Employee Relations The relationship between the City and its employees and their organizations, or when used in a general sense the relationship between management and employees or employee organizations. Employee Representation Unit A group of employees constituting an appropriate unit as provided by this chapter. Fact-Finding Identification of the major issues in a particular dispute; reviewing the positions of the parties; and the investigation and reporting of the facts by one or more impartial fact-finders; and, when directed by the Board, the making of recommendations for settlement. Grievance Any dispute concerning the interpretation or application of a written memorandum of understanding or of departmental rules and regulations governing personnel practices or working conditions. An impasse in meeting and conferring upon the terms of a proposed memorandum of understanding is not a grievance. For employees in the representation unit Police Officers, Lieutenant and below, excluded from the definition of grievance set forth above and excluded from the scope of the grievance process are disputes concerning discipline and disputes concerning transfers, promotions, promotional examinations, or probationary employee terminations whether or not such matters involve discipline. Impasse A deadlock, after a reasonable period of time, in the meet and confer process between the City s management representatives and representatives of recognized employee organizations on matters concerning which they are required to meet and confer in good faith or over the scope of matters upon which they are required to meet and confer. Joint Council Two or more qualified employee organizations which have joined together for the purpose of seeking certification as a recognized employee organization for an employee representation unit. Management Employees An employee having significant responsibilities for formulating or administering City or Departmental policies and programs. Management Representative A person designated by a determining body or official, to carry out the responsibilities specified for a management representative under this chapter. Mediation Efforts by an impartial party or parties to assist as intermediaries through interpretation, suggestion and advice, in reconciling disputes regarding wages, hours and other terms and conditions of employment between the City s management representatives and representatives of recognized employee organizations. Meet and Confer in Good Faith (or Meet and Confer) The mutual obligation of the city s management representatives and representatives of recognized employee organizations personally to meet and confer within a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. Memorandum of Understanding A written memorandum, jointly prepared by the parties incorporating matters on which agreement is reached

153 through meeting and conferring between the City s management representatives and representatives of a recognized employee organization. The memorandum shall be presented to the appropriate determining body or official of the City for determination and implementation. Professional Employee An employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical and biological scientists. Qualified Employee Organization An organization which includes employees of the City, which has as one of its primary purposes representing such employees in their relations with the City, and which has complied with the conditions specified in Section of this Code. Recognized Employee Organization A qualified employee organization or joint council of qualified organizations which has been certified by the Board as the majority representative of employees in an appropriate employee representation unit in accordance with the provisions of Section of this Code. Such certified majority representative shall be the exclusive representative of the employees in the unit, subject to the right of an employee to represent himself as provided in Section of this Code. Regular Employee An employee who is appointed to a full-time or part-time permanent position. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 144,210, Eff ; Ord. No. 151,272, Eff Second para. added to Grievance definition, Ord. No. 161,882, Eff Sec Employee Relations Board. a. Establishment and General Functions. There is hereby established the Los Angeles City Employee Relations Board consisting of five members, whose terms shall be five years, appointed by the Mayor and confirmed by the City Council, to perform the functions hereinafter set forth. Each member shall hold office until his successor is appointed and confirmed. If a vacancy occurs during a term, the appointee to said vacancy shall hold office for the remainder of the term and until his successor is appointed and confirmed. b. Qualifications of Members. The members of the Board shall have broad experience in the field of employee relations and shall possess the impartiality necessary to protect the public interest including the interests of the City and its employees. c. Appointment and Removal of Board Members. Board members shall be appointed and may be removed in accordance with the provisions of Charter Section 502. d. Organization and Meetings of the Board. The Board shall meet regularly at least once each month and shall meet at other times upon call of the chairman. Three members shall constitute a quorum and the votes of a majority of the Board members are required for action. Annually, at the Board s July meeting, the members of the Board shall elect a chairman. e. (Repealed) f. Powers and Duties of Board. The Board shall have the following powers and duties: (1) To determine employee representation units upon the request of qualified employee organizations and determine any dispute concerning the relationship of employees in new or deleted classes to representation units. (2) To arrange with the City Clerk or other appropriate agency for elections among employees of an established representation unit to select the recognized employee organization for the unit and to certify the organization determined to be the majority representative. (3) To determine contested matters involving elections, certification or decertification of recognized employee organizations. (4) To investigate and determine the validity of charges of unfair employee relations practices, to make findings, and to issue orders to cease and desist which are not in conflict with other provisions of law. (5) To establish and maintain a list of mediators and other impartial third parties for use as provided for in this chapter. (6) To conduct investigations and hold public hearings on all matters relating to the composition of representation units and unfair employee relations practices. Each member of the Board shall have the power to administer oaths and affirmations in any such investigation or public hearing before the Board. The Board shall have the power and authority to examine witnesses under oath. The Board may compel the attendance of witnesses and the production of evidence before it by subpoena to be issued in the name of the City of Los Angeles and to be attested to by the City Clerk. The City Clerk

154 shall, upon the demand of the chairman of the Board, issue the subpoena in the name of the City and attest the same with the seal of the City, and shall in such subpoena direct and require the attendance of the witness and production of evidence before the Board at the time and place specified therein. The Chief of Police shall cause all such subpoenas to be served upon the person named therein. (7) To determine issues affecting the recognition status of employee organizations involved in a merger, amalgamation, or transfer of jurisdiction between two or more qualified employee organizations. (8) To select one of its members to act as a hearing examiner pursuant to the provisions of this Code. To appoint nonmember hearing officers to hear unfair employee practice charges. Nonmember hearing officers shall be compensated for each day of hearing and each day required to prepare a report and recommendations to be submitted to the Board, a daily rate equal to the rate allowed for arbitrators, mediators and fact finders, reference being made to the total daily compensation presently divided by the City and the affected employee organization. (9) Following notice and hearing, to adopt reasonable rules and procedures, consistent with the provisions of this chapter and other laws, and which are necessary in the performance of the duties and powers specified in this chapter. (10) To appoint an employee to fill the position of Executive Director, and to appoint employees to fill other positions authorized for the Board by the City Council. (11) To act upon requests for mediation or fact finding in connection with the resolution of impasses as provided in this chapter. (12) To perform such other duties as may be necessary to carry out the Board s responsibilities under the provisions of this chapter. g. Facilities, Supplies and Equipment. The City Council shall provide compensation, appropriate office facilities and necessary supplies and equipment for the Board and its staff. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 149,241, Eff ; Ord. No. 151,272, Eff ; Subdiv. (1), Subsec. c, Subdiv. (10), Subsec. f, Ord. No. 155,932, Eff ; Subsec. (e), Repealed by Ord. No. 173,308, Eff , Oper ; Subsec. (c), Ord. No. 173,365, Eff Sec Advisory Management Council. There is hereby created an Advisory Management Council. The Advisory Management Council shall provide for representation by department managers in personnel management and employee relations with policy-making processes and shall advise and assist the Director of the Office of Administrative and Research Services, the General Manager of the Personnel Department and the managers of operation departments in the development of personnel management and employee relations policies. The Advisory Management Council shall consist of the Director of the Office of Administrative and Research Services, the General Manager of the Personnel Department, a representative appointed by the City Council, a representative of the Mayor, and not more than nine General Managers who shall be appointed by the Mayor, subject to confirmation by the City Council. The Director of the Office of Administrative and Research Services shall serve as chairman of said Council. Members shall serve at the pleasure of the appointing authority. Added by Ord. No. 151,272, Eff Amended by: Ord. No. 173,308, Eff , Oper Sec Qualifications of Employee Organizations. a. Each employee organization desiring qualification to represent City employees in accordance with this chapter shall file a statement with the City Clerk containing the following: (1) The name and address of the organization. (2) The objectives of the organization and its charter and/or constitution and/or bylaws. (3) The names and titles of its officers. (4) The names of employees or persons authorized to represent their organization, and whether they are authorized to speak for the organization on all subjects, provided that this list may be supplemented from time to time. This requirement shall not prevent the appearance at the request of an employee or employee organization of an attorney-at-law or an independent consultant in any matter or proceedings. (5) A statement that membership in such organization is not denied because of race, religious creed, color, sex, national origin or ancestry.

155 b. The City Clerk shall register each employee organization which complies with the requirements of this section and shall maintain a list of such qualified organizations for use in carrying out the provisions of this chapter. c. Qualified employee organizations shall promptly notify the City Clerk of any changes in the items specified in Subsection a of this section occurring subsequent to the time of original filing. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 144,210, Eff Sec Formal Recognition of Employee Organizations. a. Criteria for Determination of Appropriate Employee Representation Units. The Board shall consider the following and other relevant factors in determining the appropriateness of representation units: (1) The community of interests of employees. (2) The history of employee representation in the unit, among other employees of the City and in similar employment. (3) The effect of the unit on the efficient operation of the City and sound employee relations. (4) The extent to which employees have common skills, working conditions, job duties or similar education requirements. (5) The effect on the City s classification structure of dividing a single classification among two or more units. (6) The right of professional employees to be represented separately from nonprofessional employees. (7) Management or confidential employees shall not be included in the same unit with other employees. b. Petition for Certification as Majority Representative. A qualified employee organization or joint council of qualified organizations desiring certification as the recognized employee organization of a proposed representation unit. shall file with the Board a petition in a form prescribed by the Board containing the information specified below. The Board shall immediately post a notice in a place in its office which is open to the public that the petition has been filed. (1) A statement specifying all of the class titles of the positions in the proposed representation unit and the departments and bureaus in which such positions are located. (2) Written proof satisfactory to the Board dated within a period prescribed by the Board that the organization represents at least 30 percent of the regular employees in the proposed unit. (3) A request that the Board certify the organization as the recognized employee organization representing a majority of the regular employees in the proposed representation unit. c. Processing Requests for Certification. Petitions for certification shall be processed as provided below. It is the intent of this chapter that all proceedings and actions in connection therewith be conducted and taken as expeditiously as possible. (1) Upon receipt of a petition for certification as the recognized employee organization for a proposed representation unit, the Board shall review the information submitted for compliance with the requirements specified in Subsection b of this section. In investigating the appropriateness of proposed representation units, the Board shall obtain and consider the reports and recommendations of the Personnel Department which shall take into consideration the views of all concerned departments and officers, and the effect on the City. Affected qualified employee organizations may submit their views concerning the proposed units, which views shall also be considered by the Board. (2) Formal recognition shall be determined by election. (3) Qualified employee organizations and joint councils, other than the petitioning organization or joint council, may intervene to seek consideration as the majority representative in a representation proceeding. In order to be eligible for consideration as an intervening organization, a qualified employee organization, or joint council must present within a period specified by the Board written proof satisfactory to the Board dated within a period specified by the Board that it represents at least 10 percent of the employees in the proposed unit. The Board shall then hold a hearing and determine the appropriate unit in accordance with the considerations prescribed in Subsection a of this section. The Board shall at the same time the unit is determined, determine the organizations which shall appear on the ballot, if an election is required, and notify the employee organizations and the departments concerned.

156 (4) After the representation unit has been finally determined, the Board shall, if an election is required, arrange for a secret ballot election to be conducted by the City Clerk or other agency designated by the Board. The choice of no organization shall also be included on the ballot. Regular employees in the unit shall be entitled to vote in such. election if they were employed during a period of time, specified by the Board, immediately prior to the pay period within which the election is held. Those employees shall be included who did not work during such period because of illness, vacation or authorized leave of absence. An employee organization or joint council shall be certified by the Board as the majority representative following an election or runoff election if such organization has received the vote of a numerical majority of the employees voting in the unit in which the election is held (i.e. in excess of 50 percent of the valid votes of all employees voting). (5) In an election involving three or more choices, where none of the choices received a majority of the votes in accordance with Paragraph (4) above, a runoff election shall be conducted between the two choices receiving the largest number of votes. (6) At least six months shall elapse following an election without a majority representative being chosen before a petition for certification may be filed covering the same group of employees. d. Notification of Election Results and Certification. The City Clerk or other agency conducting the election shall transmit the election results to the Board, and the Board shall notify affected employee organizations and departments of the election results and of its certification of the employee organization, if any, winning the election. e. Duration of Certification. When an employee organization or joint council have been certified as the majority representative of an appropriate unit, certification shall remain in effect for one year from the date thereof, and thereafter, until the organization is decertified as provided in Subsection f of this section. f. Decertification. (1) When a petition for decertification alleging that a certified employee organization or joint council is no longer the majority representative of employees in an appropriate representation unit may be filed with the Board by an individual employee, a group of employees or their representatives, a qualified employee organization or a joint council of qualified employee organizations. (2) The petition may be filed at any time after completion of the certified employee organization s first year of certification. Provided, however, that the Board may prescribe additional restrictions on the time of filing a petition during the terms, if any, of approved memorandum of understanding entered into by such organization. (3) The petition shall be in a form prescribed by the Board and shall include written proof satisfactory to the Board dated within a period specified by the Board that at least 30 percent of the employees in the unit do not desire to be represented by the currently certified employee organization. The petition may be accompanied by a petition for certification. (4) If the Board determines that petition requirements have been met, it shall arrange for an election which shall be held in accordance with the election provisions of Subsection c(4) of this section, to determine whether the currently certified organization shall be decertified. Such organization shall be decertified if so determined through the election process. (5) A decertification election may be held concurrently with a representation election where the Board considers it appropriate to do so. Added by Ord. No. 141,527, Eff Amended by: Subsec. c(2), c(4), Ord. No. 151,272, Eff Sec Meeting and Conferring and Consulting. a. Meeting and Conferring. (1) The scope of meeting and conferring in good faith between management representatives and representatives of recognized employee organizations includes, but is not limited to wages, hours, and other terms and conditions of employment within the employee representation unit. (2) Meeting and conferring shall not be required on any matter preempted or specifically provided for by Federal or State law or the City Charter, nor shall meeting and conferring be required on the exercise of Employee Rights or City Management Rights as defined in Section and of this Code. Rules and regulations adopted pursuant to Government Code Sections and 3507 and Rules of the Employee Relations Board and proposed amendment thereto are excluded from the scope of meeting and conferring but are subject to consultation as provided below. (3) Requests for meeting and conferring by recognized employee organizations on matters requiring major budgetary financing shall be submitted to the management representative of the City Council in time for adequate discussion, consideration and action in connection with the budget. (4) Meetings on those matters which affect employees generally may be held jointly with representatives of recognized employee organizations representing all of the affected employees.

157 b. Consultation. (1) The scope of consultation between management representatives and representatives of affected qualified employee organizations includes employee relations matters that are specifically excluded from or otherwise not subject to the meet and confer process. (2) Every reasonable effort shall be made to have such consultations prior to effecting basic changes in any rule or procedure affecting employee relations. (3) Requests for consultation shall be directed to the management representative of the determining body or official having jurisdiction over the matter to be discussed. (4) In those instances where the Board has certified a qualified employee organization as the recognized employee organization for a particular representation unit, representatives of other qualified organizations having members in that unit shall not have the right to consult on employee relations matters on behalf of employees in said unit. c. Referral of Requests. Requests on matters within the scope of representation submitted to the City Council shall stand automatically referred to the management representative of the Council for review and processing pursuant to the provisions of this chapter. d. Management and Confidential Employees. Management and confidential employees as defined in Section of this Code shall be designated by departments in consultation with the Personnel Department. Management and confidential employees shall not represent any employee organization which represents other employees on matters within the scope of representation. In the event a dispute arises with a qualified employee organization over such designations the matter may be appealed to the Board for determination. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 144,210, Eff Sec Resolution of Impasses in Meeting and Conferring. a. Processing of Impasses Involving Proposed Changes to the Los Angeles City Charter. (1) If after a reasonable period of time the management representative and representatives of a recognized employee organization reach an impasse, declared by any party, on any matter subject to the meet and confer process requiring an addition to, deletion from, or amendment of any provision of the Los Angeles City Charter, the meet and confer process shall be deemed to have been completed. The impasse shall then be presented to the City Council for final determination. (2) The Board shall have no jurisdiction over any impasse failing fully under the provisions of this subsection or over that portion of any multiple issue impasse for which this subsection applies. b. Processing of Impasses Not Involving Proposed Changes to the Los Angeles City Charter. (1) If after a reasonable period of time the management representative and representatives of a recognized employee organization reach an impasse on any matter not requiring an addition to, deletion from, or amendment of any provision of the Los Angeles City Charter, either party or parties may request the assistance of the Board in resolving the impasse. (2) If the Board finds that the parties have not devoted sufficient time or effort to resolving the impasse, it may deny the request and return the matter to the parties for further consideration. (3) If the Board concludes that in fact an impasse exists on matters not subject to the provisions of Subsection a, above, it may appoint one or more mediators or fact-finders to assist the parties. (4) Fact-finding shall be limited to those issues originally referred for dispute settlement as determined by the Board. Fact-finding proceedings shall be private. The fact-finding report shall be filed with the Board. The Board shall, within five calendar days, transmit copies thereof to the parties and may, in its discretion, make the report public. (5) The Board shall adopt time limits and other restrictions on the fact-finding process substantially in accordance with the recommendations of the fact-finder in Impasse No A copy of the fact-finder s recommendations in Impasse No. 110 is on file at the offices of the Employee Relations Board. c. Cost of Impasse Resolution Procedures. The expense of mediation or fact-finding procedures shall be payable one-half by the City and one-half by the recognized employee organization. The City shall furnish meeting space when required for such proceedings.

158 Added by Ord. No. 141,527, Eff Amended by: Subsecs. a and b, Ord. No. 161,787, Eff Sec Paid Time Off for Representatives of Recognized Employee Organizations. Reasonable time off without loss of pay shall be granted to employees serving as authorized representatives of recognized employee organizations when formally meeting and conferring during regular working hours with City management representatives on matters within the scope of representation. The number of employees granted such time off shall be based on a ratio of one for each 100 employees in the employee representation unit, provided that the number shall not be less than two, nor more than seven, or other such number as mutually agreed upon by the parties. Only those employees whose active participation in the conduct of such meetings is necessary shall be authorized paid time off. Added by Ord. No. 141,257, Eff Amended by: Ord. No. 151,272, Eff Sec Advance Notice to Employee Organizations. a. A determining body or official shall give reasonable advance written notice to each qualified employee organization affected, of any ordinance, rule, resolution or regulation within its jurisdiction directly relating to matters within the scope of representation proposed to be adopted by the determining body or official and shall give such organization an opportunity to consult with the determining body or official, subject to the restrictions on the right to consultation contained in Section 4.830b(4). b. In cases of emergency, when such an ordinance, rule, resolution or regulation must be adopted immediately without prior notice to qualified employee organizations effected, notice shall be given by the appropriate determining body or official, and an opportunity to consult shall be given to each organization subject to the restrictions on the right to consultation contained in Section 4.830(b) at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation. c. The provisions of Subsections a and b shall not apply to any ordinance, rule, resolution or regulation prepared or adopted pursuant to a Memorandum of Understanding. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 144,210, Eff Sec Availability of Data. a. The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations and conditions set forth elsewhere in the Los Angeles Administrative Code and in the California Public Records Act. b. Such information shall be made available during regular office hours in accordance with the City s rules and procedures. c. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. d. Upon the setting of an election by the Board, the Personnel Department shall, upon request of a qualified organization approved for inclusion on the ballot, furnish a list of the names and departments of employees in the representation unit. The list shall be made available a reasonable time in advance of the election. Added by Ord. No. 141,527, Eff Sec Employee Rights. Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing pursuant to the provisions of this chapter for the purpose of representation on matters of employee relations, other than those excluded herein. City employees also shall have the

159 right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights. Added by Ord. No. 141,527, Eff Sec City Management Rights. Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are specified by law. In order to fulfill this responsibility it is the exclusive right of City management to determine the mission of its constituent departments, offices and boards, set standards of services to be offered to the public and exercise control and discretion over the City organization and operations. It is also the exclusive right of City management to take disciplinary action for proper cause, relieve City employees from duty because of lack of work or other legitimate reasons and determine the methods, means and personnel by which the City s operations are to be conducted and to take any necessary actions to maintain uninterrupted service to the community and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees or their representatives from consulting or raising grievances about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment; provided, however, that employees in the representation unit Police Officers, Lieutenant and Below or their representatives may not raise such grievances. Added by Ord. No. 141,527, Eff Amended by: Last line section para., Ord. No. 161,882, Eff Sec Unfair Employee Relations Practices. a. It shall be an unfair employee relations practice for management: (1) To interfere with, restrain, discourage, or coerce employees in the exercise of their rights granted in this chapter; (2) To attempt to dominate or control any employee organization; (3) To refuse to meet and confer in good faith at reasonable times, places and frequencies with representatives of recognized employee organizations or to refuse to consult upon request with qualified employee organizations on matters which are properly within the scope of representation, where no recognized employee organization exits. (4) To fail or refuse to cooperate in impasse procedures invoked under the provisions of this chapter. (5) To discriminate against any employee because of race, religion, color, sex, national origin, ancestry, age, disability, marital status or sexual orientation with regard to terms and conditions of employment except as required by law or where based on a bona fide occupational qualification. b. It shall be an unfair employee relations practice for employees, employee organizations or their representatives: (1) To interfere with, restrain or coerce employees on the exercise of their rights granted in this charter. (2) To discriminate against any employee because of race, religious creed, color, sex, national origin, or ancestry of any person with regard to the terms and conditions of membership in an employee organization. (3) Additionally, it shall be an unfair employee relations practice for a certified employee organization to refuse to meet and confer in good faith at reasonable times, places and frequencies with City management representatives on matters which are properly within the scope of representation, to fail or refuse to cooperate in impasse procedures invoked under the provisions of this chapter, or for the Los Angeles Police Protective League to intentionally fail or refuse to comply with any provisions of a memorandum of understanding reached by the parties. Should the Los Angeles Police Protective League be abolished, this provision shall apply to any board or organization created to assume its functions as the recognized employee organization. c. Claims of unfair employee relations practices under this section may be made by employee representatives, an individual employee or a group of employees, or by a management representative. Such claims shall be processed by the Board in accordance with its rules. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 144,210, Eff ; Para. (5), Ord. No. 173,004, Eff , Oper ; Subsec. (b)(3), Ord. No. 173,513, Eff Sec Grievance Procedure for Recognized Employee Organizations.

160 a. The management representative principally responsible for meeting and conferring with a recognized employee organization shall meet and confer with the representatives of such employee organization to develop a grievance procedure for employees in the representation unit, to be incorporated into any memorandum of understanding reached by the parties. Such grievance procedure shall apply to all grievances, as defined in Section of this Code, shall provide for arbitration of all grievances not resolved in the grievance procedure, and shall conform to the following standards: (1) Provision shall be made for discussion of the grievance first with the employee s immediate supervisor on an informal basis; (2) Provision shall be made for the filing of a formal grievance in writing, and for the processing of the unresolved grievance through not more than four, nor less than two, levels of review with written notice of the results of each such review to the employee and to his representative, if any; (3) An employee may be represented by a representative of the employee s choice in the informal discussion with the employee s immediate supervisor, in all formal review levels, and in arbitration; provided, however, that such representative may not be an employee or officer of another qualified organization except with the written consent of the organization granted exclusive representation. (4) If the grievance is not resolved in the grievance procedure either party may submit the grievance to arbitration by written notice to the other party of its desire to arbitrate. Following such notice the parties shall meet for the purpose of selecting an arbitrator from a list of seven arbitrators to be furnished to the parties by the Board. In selecting the arbitrator from said list, the parties shall alternately strike names from the list until one name remains. The arbitrator remaining shall hear the case. In the event he is unable to hear the case, the parties shall obtain a new list of seven arbitrators and shall select a new arbitrator in the manner set forth above. With respect to grievances involving the Departments of Airports, Harbor, Water and Power, Library, Recreation and Parks, Pensions and City Employees Retirement System the decision of the arbitrator shall be advisory only. With respect to grievances involving all other City departments, the decision of the arbitrator shall be final and binding on the parties; (5) All expenses of arbitration, including the arbitrator s fee shall be shared equally by the parties. b. The Board shall maintain a list of neutral professional arbitrators and shall, upon request of any party, furnish to the parties to the dispute a list of seven arbitrators for selection of an arbitrator to arbitrate an unresolved grievance, as set forth above. Added by Ord. No. 141,527, Eff Amended by: Subsec. (a), Ord. No. 144,462, Eff ; Subsec. a(3), Ord. No. 151,272, Eff Sec Organization for Relationships with Employee Organizations. a. Designation of Management Representative. (1) The Director of the Office of Administrative and Research Services, or the employee authorized by him to act in such capacity, is hereby designated as the City s management representative in formal relationships with representatives of recognized employee organizations on matters which are properly within the scope of representation on which the City Council is the determining body. (2) The chief administrative officer of each City department or office, or the employee authorized by him to act in such capacity, is hereby designated as the City s management representative in formal relationships with representatives of recognized employee organizations on matters which are properly within the scope of representation and on which the head of the department or office is the determining body or official. b. Responsibilities of Management Representatives. It shall be the responsibility of the City s management representatives to: (1) Personally, or through duly authorized representatives, meet and confer in good faith and endeavor to reach agreement with representatives of recognized employee organizations. (2) Review the progress of meeting and conferring with the determining body or official to receive advice and instructions. (3) Jointly, with representatives of recognized employee organizations, prepare and sign written memorandums of understanding incorporating all matters agreed on through meeting and conferring in good faith. (4) Present the memorandums of understanding to the determining body or official for determination. (5) If, after a reasonable period of time, agreement is not reached, review the matter with the determining body or official to determine what further action should be taken.

161 c. Approval of Memorandum of Understanding. (1) Memorandums of understanding on matters concerning which the City Council is the determining body shall become effective when approved by the City Council. Where an ordinance is required to effectuate the Memorandum, it shall become effective upon the effective date of the ordinance. (2) Memorandums of understanding on matters concerning which the head of a department or office is the determining body or official shall become effective when approved by such body or official. d. Coordination of Employee Relations. (1) The Director of the Office of Administrative and Research Services shall: (a) Keep the Mayor and City Council informed regarding the status of employee relations activities in the City. (b) Establish a unit in his office to provide advice and technical staff assistance to department and office heads and management representatives in meeting and conferring with representatives of recognized employee organizations, preparing memorandums of understanding, dealing with impasses, carrying out other duties concerning the employee relations program, and to assure reasonable uniformity among departments in all aspects of the City s employee relations program. (c) Maintain a central clearing house of information for departments on recognized employee organizations, status of discussions in progress, agreements reached and other information relating to the operation of the employee relations program. (d) Monitor and evaluate the employee relations program and recommend appropriate revisions to policy, procedures and rules to determining bodies or officials. (e) Maintain liaison with and, upon request, provide assistance to the employee relations staffs of departments having control of their own funds in carrying out his coordinating responsibilities. (f) units. Provide reports and recommendations to the Personnel Department concerning the appropriateness of proposed employee representation (g) Issue bulletins from time to time, after consulting with affected employee bargaining units, interpreting Memorandum of Understanding provisions, where a literal interpretation of the language may not reflect the intent of the parties or where the language does not clearly outline procedures to be used in certain isolated circumstances. The Controller and other City departments may further request clarification of Memorandum of Understanding provisions from the Director of the Office of Administrative and Research Services where there is an indication that the provisions are not being uniformly interpreted through the City. Such interpretive bulletins shall be reviewed and approved by a representative of the City Attorney and by the Personnel Committee of the City Council prior to their issuance. (2) The General Manager Personnel Department shall: (a) On those issues and elements of the employee relations program involving Personnel Department responsibilities, provide reports and recommendations to the Board and provide advice and assistance to department heads and management representatives. Keep the Mayor and City Council and other officials advised of such matters. (b) Issue guidelines for departmental working rules. (c) Coordinate the views of concerned departments on the appropriateness of proposed representation units and provide reports and recommendations thereon to the Board. (d) Maintain liaison with and provide assistance to the employee relations staff of departments having control of their own funds on those issues involving Personnel Department responsibilities. (e) Provide training to assist operating departments in the handling of employee relations in accordance with Administrative Code Sections through (3) The management representative of each determining body or official shall: (a) units. Provide advice and recommendations to the Personnel Department concerning the appropriateness of proposed employee representation (b) Provide in accordance with the provisions of Administrative Code Sections through 4.316, and in cooperation with the Personnel Department, training for departmental management and supervisory, personnel in the handling of employee relations. (c) Notify the Director of the Office of Administrative and Research Services of the status of employee relations activities; such as,

162 grievances, claims of unfair employee relations practices, and of requests to meet and confer in good faith. (d) Notify the Personnel Department of the status of all employee relations activities involving Personnel Department responsibilities. e. Executive Employee Relations Committee. (1) There is hereby established an Executive Employee Relations Committee consisting of the Mayor, the President and President Pro-Tem of the City Council, the Chairperson of the Personnel Committee of the City Council or a member thereof to be designated by the Chairperson, and the Chairperson of the Budget and Finance Committee. (2) The Committee shall meet at the call of the Mayor until it has selected a chairperson, after which it shall meet at the call of the chairperson. Such meetings shall be in closed session except when otherwise prohibited by law. Any member of the Council may attend any meeting of the Committee. (3) It shall be the duty of the Committee to meet no later than April 1 of each year with the City s management representative to give advice and instructions with respect to the City s bargaining position in the meet and confer process. (4) The Committee shall also advise the Council with respect to salaries set by ordinance. Added by Ord. No. 141,527, Eff Amended by: Subsec. e, added, Ord. No. 150,940, Eff ; Para. (g), Subdiv. (1), Subsec. d., added by Ord. No. 150,964, Eff ; Subdiv. (2), Subsec. e, Ord. No. 161,892, Eff ; Subsec. d., Subdiv. (g), Subsec. e., Subdiv. (1), Ord. No. 164,741, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Applicability. This chapter shall apply to all departments offices and bureaus of the City. Added by Ord. No. 141,527, Eff Amended by: Ord. No. 141,934 amends Ord. No. 141,527, Eff ; Ord. No. 144,462, Eff Sec Construction. a. Nothing in this chapter shall be construed to deny any person or employee the rights granted by Federal and State laws and the provisions of the City Charter. b. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter. c. The enactment of this chapter shall not be construed as making the provisions of Section 923 of the California Labor Code applicable to employees of the City. d. The provisions of this chapter are not intended to conflict with provisions of the Meyers-Milias-Brown Act. Added by Ord. No. 141,527, Eff Sec Separability. If any provision of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The Council of this City hereby declares that it would have adopted this chapter and each provision thereof irrespective of the fact that any one or more provisions be declared invalid or unconstitutional. Added by Ord. No. 141,527, Eff CHAPTER 9

163 COMPENSATION PLAN FOR DEPARTMENT OF WATER AND POWER (Title added by Ord. No. 150,957, Eff , Oper ) Section Adoption of the Compensation Plan for Department of Water and Power Step Placement upon Initial Appointment Salary Step Placement on Assignment to a Different Position in City Service Salary Step Adjustment Salary Step Placement for Non-represented Exempt Positions Return from Layoff or Separation from City Service Overtime Compensation. Sec Adoption of the Compensation Plan for Department of Water and Power. The following Compensation Plan for classes of positions in the Department of Water and Power is hereby established and the Code numbers, titles, duties and description record numbers, position grades and salaries or salary ranges as hereinafter set forth are hereby fixed for such classes of position unless otherwise provided for by ordinance implementing a Memorandum or Understanding. Such schedule of classes, together with the codes, titles, duties and description record numbers, position grades and salaries or salary ranges shall constitute the Compensation Plan for all positions in the Department of Water and Power and shall be known as Schedule B. Whenever in this Code the term Schedule B is used, it shall be deemed to mean and refer to the Schedule B in this section. Whenever in Schedule B a class has a salary range indicated, such salary range shall be as established in accordance with Section 4.60 of this Code. Whenever in Schedule B a class of employees is found in a representation unit, the appropriate Memorandum of Understanding number is referenced instead of the salary range. Whenever in Schedule B a class of employees is found in both a representation unit and is also employed in daily-rated positions, both Schedule G (daily-rated) and the appropriate Memorandum of Understanding number are referenced instead of the appropriate salary ranges. [NOTE: The MOU or Ordinance number referenced below in Schedule B sets forth the most current salary range or salary for the position indicated.] SCHEDULE B Code No. Title Salary Range No. or Ordinance No. A 1513 Accountant MOU Accounting Aide MOU Administrative Intern (3 yrs. college) 177, Administrative Intern (4 yrs. college) 177, Affirmative Action Officer 179, Air Conditioning Mechanic MOU Air Conditioning Mechanic Supervisor MOU Applications Programmer MOU Apprentice Electrical Repairer MOU Apprentice Machinist MOU Apprentice Metal Trades MOU Aqueduct and Reservoir Keeper MOU Aqueduct and Reservoir Supervisor MOU Architect MOU Architectural Assistant MOU Architectural Associate MOU Architectural Drafting Technician MOU Assistant Automotive Superintendent MOU Assistant Communications Cable Worker MOU Assistant Communications Electrician MOU Assistant Computer Operator MOU Assistant Director Information Systems MOU Assistant Electrical Tester MOU Assistant Engineering Geologist MOU Assistant General Manager - Power 182,207

164 9905 Assistant General Manager - Water 182, Assistant General Manager Water and Power I 182, Assistant General Manager Water and Power II 182, Assistant General Manager Water and Power III 182, Assistant Retirement Plan Manager MOU Assistant Utility Buyer MOU Audiovisual Assistant MOU Auditor Water and Power 182, Auto Body Builder and Repairer MOU Auto Body Repair Supervisor MOU Auto Electrician MOU Auto Painter MOU Automotive Dispatcher MOU Automotive Engineer MOU Automotive Supervisor MOU 51 B 3726 Battery Technician Supervisor MOU Battery Technician MOU Bindery Worker MOU Bindery Equipment Operator MOU Blacksmith MOU Boilermaker Supervisor MOU 47/Sch. G 3179 Building Maintenance Superintendent MOU Building Repair Supervisor MOU Building Repairer MOU 47 C 3343 Cabinet Maker MOU Carpenter MOU 47/Sch. G 3339 Carpenter Shop Supervisor MOU Carpenter Supervisor MOU Cashier Water and Power 177, Cement Finisher MOU 47/Sch. G 3354 Cement Finisher Supervisor MOU 51/Sch. G 3351 Cement Finisher Worker MOU Chemist MOU Chief Clerk Accounting MOU Chief Electric Plant Operator MOU Chief Load Dispatcher MOU Chief of Drafting Operations MOU Chief Real Estate Officer MOU Chief Safety Engineer Pressure Vessels MOU Chief Security Officer MOU Chief Telephone Operator MOU Civil Engineer MOU Civil Engineer Assistant MOU Civil Engineer Associate MOU Civil Engineering Drafting Technician MOU Claims Agent MOU Clerk MOU Clerk Stenographer MOU Clerk Typist MOU Commercial Executive MOU Commercial Field Representative MOU Commercial Field Supervisor MOU Commercial Manager MOU 46

165 1213 Commercial Service Supervisor MOU Commissioner 182, Communications Cable Supervisor MOU Communications Cable Worker MOU Communications Electrician MOU Communications Electrician Supervisor MOU Communications Operator MOU Compressor Operator MOU 47/Sch. G 1427 Computer Operator MOU Construction and Maintenance Supervisor MOU 51/Sch. G 3129 Construction and Maintenance Superintendent MOU Construction Asbestos Supervisor Sch. F 0902 Construction Asbestos Worker Sch. F 0905 Construction Boilermaker Supervisor Sch. F 0904 Construction Boilermaker Sch. F 0909 Construction Bricklayer Supervisor Sch. F 0908 Construction Bricklayer Sch. F 0911 Construction Cabinet Maker Sch. F 0913 Construction Carpenter Supervisor Sch. F 0912 Construction Carpenter Sch. F 0916 Construction Cement Finisher Supervisor Sch. F 0915 Construction Cement Finisher Sch. F 0918 Construction Compressor Operator Sch. F 0994 Construction Electrical Helper Sch. F 0995 Construction Electrical Mechanic Sch. F 0996 Construction Electrical Mechanic Supervisor Sch. F 0930 Construction Equipment Erection Supervisor Sch. F 0931 Construction Equipment Erector Sch. F 0920 Construction Equipment Operator Sch. F 3543 Construction Equipment Service Supervisor MOU Construction Equipment Service Worker MOU Construction Equipment Supervisor Sch. F 3341 Construction Estimator 177, Construction Heavy Duty Truck Operator Sch. F 0941 Construction Helper Sch. F 7291 Construction Inspector 177, Construction Ironworker Supervisor Sch. F 0932 Construction Ironworker Sch. F 0940 Construction Labor Supervisor Sch. F 0951 Construction Lather Supervisor Sch. F 0950 Construction Lather Sch. F 0943 Construction Mechanical Helper Sch. F 0944 Construction Miner Sch. F 0954 Construction Painter Supervisor Sch. F 0953 Construction Painter Sch. F 0957 Construction Pipefitter Apprentice Sch. F 0959 Construction Pipefitter Supervisor Sch. F 0958 Construction Pipefitter Sch. F 0963 Construction Plasterer Supervisor Sch. F 0962 Construction Plasterer Sch. F 0965 Construction Plumber - Exempt Sch. F 0966 Construction Plumber Supervisor Sch. F 0922 Construction Power Shovel Operator Sch. F 0968 Construction Protective Coating Supervisor Sch. F 0969 Construction Protective Coating Worker Sch. F

166 0960 Construction Refrigeration Fitter Sch. F 0961 Construction Refrigeration Fitter Supervisor Sch. F 0934 Construction Reinforcing Steel Supervisor Sch. F 0935 Construction Reinforcing Steel Worker Sch. F 0936 Construction Rigger Sch. F 0973 Construction Roofer Supervisor Sch. F 0972 Construction Roofer Sch. F 0923 Construction Sandblast Operator Sch. F 0945 Construction Security Officer Sch. F 0976 Construction Sheet Metal Supervisor Sch. F 0975 Construction Sheet Metal Worker Sch. F 0928 Construction Sprinkler Fitter Supervisor Sch. F 0927 Construction Sprinkler Fitter Sch. F 0937 Construction Structural Steel Shop Worker Sch. F 0978 Construction Structural Welder Sch. F 0992 Construction Tower Line Mechanic Sch. F 0993 Construction Tower Line Mechanic Supervisor Sch. F 0924 Construction Truck Crane Oiler Sch. F 0925 Construction Truck Operator Sch. F 0980 Construction Welder Supervisor Sch. F 0979 Construction Welder Sch. F 3363 Cook Housekeeper MOU Custodial Services Attendant MOU Custodian Supervisor MOU Customer Service Representative MOU 42 D 1137 Data Control Assistant MOU Data Entry Operator MOU Data Entry Supervisor MOU Data Processing Technician MOU Data Processing Technician Trainee MOU Delivery Driver MOU Director of Human Resources I MOU Director of Human Resources II MOU Director of Information Services MOU Director of Purchasing Services MOU Director of Security Services MOU Display Worker MOU Documentation Technician MOU Drafting Aide MOU Duplicating and Mailing Equipment Repairer MOU Duplicating Machine Operator MOU 47 E 1402 EDP Trainee MOU Electric Distribution Mechanic MOU Electric Distribution Mechanic Supervisor MOU Electric Distribution Mechanic Trainee MOU Electric Meter Setter MOU Electric Plant Superintendent MOU Electric Pumping Plant Operator MOU Electric Service Representative MOU Electric Station Operator MOU Electric Trouble Dispatcher MOU Electrical Craft Helper MOU 47/Sch. G

167 7539 Electrical Engineer MOU Electrical Engineering Assistant MOU Electrical Engineer Associate MOU Electrical Engineering Drafting Tech MOU Electrical Mechanic MOU 47/Sch. G 3835 Electrical Mechanic Supervisor MOU 51/Sch. G 3855 Electrical Repair Supervisor MOU Electrical Repairer MOU Electrical Service Supervisor MOU Electrical Service Worker MOU Electrical Tester MOU Electrician MOU Elevator Mechanic MOU Elevator Mechanic Helper MOU Engineering Designer MOU Engineering Geologist MOU Engineering Specialist 177, Environmental Supervisor MOU Environmental Associate MOU Environmental Affairs Officer MOU Equipment Mechanic MOU Equipment Operator MOU 47/Sch. G 3746 Equipment Repair Supervisor MOU Equipment Service Supervisor MOU Equipment Specialist I MOU Equipment Specialist II MOU Equipment Supervisor Sch. G Executive Assistant to General Manager DWP I 182, Executive Assistant to General Manager DWP II 182,207 F 7228 Field Engineering Aide MOU Fleet Services Manager MOU 46 G 3531 Garage Attendant MOU Gardener Caretaker MOU General Automotive Supervisor MOU General Electrical Mechanic Supervisor MOU General Electrical Repair Supervisor MOU General Mechanical Repair Supervisor MOU General Services Manager MOU Graphics Designer MOU Graphics Supervisor MOU 56 H 3178 Head Custodian Supervisor MOU Heavy Duty Equipment Mechanic MOU Heavy Duty Truck Operator MOU 47/Sch. G 7263 Hydrographer MOU 54 I 7834 Industrial Chemist MOU Industrial Graphics Supervisor MOU Industrial Hygienist MOU Information Services Specialist MOU Information Systems Manager MOU Information Systems Operations Manager MOU 56

168 3843 Instrument Mechanic MOU Instrument Mechanic Supervisor MOU Instrument Repair Supervisor MOU Instrument Repairer MOU Investment Officer MOU Ironworker MOU 47/Sch. G 3475 Ironworker Supervisor Sch. G L 3126 Labor Supervisor MOU 51/Sch. G 7854 Laboratory Technician MOU Land Surveying Assistant MOU Law Clerk 177, Legislative Representative 182, Light Equipment Operator MOU Line Maintenance Assistant MOU Load Dispatcher MOU Locksmith MOU 47 M 3763 Machinist MOU 47/Sch. G 3766 Machinist Supervisor MOU 51/Sch. G 3115 Maintenance and Construction Helper MOU 47/Sch. G 3112 Maintenance Laborer MOU Management Analyst MOU Management Aide MOU Management Assistant MOU Managing Water Utility Engineer MOU Masonry Worker MOU Materials Testing Engineer MOU Materials Testing Engineering Assistant MOU Materials Testing Engineering Associate MOU Materials Testing Technician MOU Mechanical Engineer MOU Mechanical Engineering Assistant MOU Mechanical Engineering Associate MOU Mechanical Engineering Drafting Technician MOU Mechanical Helper MOU 47/Sch. G 3731 Mechanical Repair General Supervisor MOU Mechanical Repairer MOU Medical Director MOU Messenger Clerk MOU Meter Reader MOU Millwright MOU 47/Sch. G 3762 Millwright Supervisor MOU 51/Sch. G 3404 Miner MOU 47/Sch. G O 2314 Occupational Health Nurse MOU Occupation Trainee I 177, Occupation Trainee II 177, Office Engineering Technician MOU Office Equipment and Machine Repairer MOU Office Equipment Repair Supervisor MOU Office Trainee MOU Operations and Statistical Research Analyst MOU 48 P

169 3423 Painter I MOU Painter II Sch. G 3426 Painter Supervisor MOU 51/Sch. G 3145 Park Maintenance Supervisor MOU Personnel Analyst ** 1793 Photographer MOU Physician I 182, Physician II 182, Physician III 182, Pipefitter MOU 47/Sch. G 3438 Pipefitter Supervisor MOU 51/Sch. G 3453 Plasterer MOU Plumber MOU 47/Sch. G 3446 Plumber Supervisor Sch. G 9453 Power Engineering Manager MOU Power Shovel Operator MOU 47/Sch. G 7545 Power Utility Engineering Associate MOU Principal Civil Engineering Drafting Technician MOU Principal Clerk Personnel MOU Principal Clerk Stenographer MOU Principal Clerk Utility MOU Principal Electric Trouble Dispatcher MOU Principal Electrical Engineering Drafting Technician MOU Principal Grounds Maintenance Supervisor MOU Principal Mechanical Engineering Drafting Technician MOU Principal Public Relations Representative MOU Principal Radio Operator MOU Principal Security Officer MOU Principal Storekeeper MOU Principal Telephone Operator MOU Principal Utility Accountant MOU Principal Utility Management Assistant MOU Principal Workers Compensation Analyst MOU Printing Services Supervisor MOU Programmer Analyst MOU Property Manager MOU Protective Coating Supervisor MOU Protective Coating Worker MOU Public Information Specialist MOU Public Relations Specialist MOU Pumping Plant Supervisor MOU Purchasing Agent MOU 46 R 1454 Radio Operator MOU Radiologic Technologist MOU Range and Wildlife Management Specialist MOU Rates Manager MOU Real Estate Associate MOU Real Estate Officer MOU Real Estate Trainee MOU Records Management Officer 177, Reinforcing Steel Supervisor Sch. G 3483 Reinforcing Steel Worker MOU 47/Sch. G 1133 Relief Retirement Worker 177,709

170 3162 Reprographics Operator MOU Reprographics Supervisor MOU Rigger MOU 47/Sch. G 1530 Risk Manager MOU Roofer MOU 47 S 1727 Safety Engineer MOU Safety Engineer Pressure Vessels MOU Safety Engineering Associate MOU Sandblast Operator MOU Sanitary Engineer MOU Sanitary Engineering Assistant MOU Sanitary Engineering Associate MOU Seasonal Meter Reader 177, Secretary Legal MOU Secretary Water and Power Commission 182, Security Officer MOU 49/Sch. G 7927 Senior Architect MOU Senior Architectural Drafting Technician MOU Senior Automotive Supervisor MOU Senior Battery Repairer MOU Senior Civil Engineering Drafting Technician MOU Senior Claims Representative MOU Senior Clerk MOU Senior Clerk Stenographer MOU Senior Clerk Typist MOU Senior Customer Field Representative MOU Senior Communications Cable Worker MOU Senior Communications Electrician MOU Senior Communications Electrician Supervisor MOU Senior Communications Electrician Supervisor MOU Senior Communications Operator MOU Senior Computer Operator MOU Senior Construction Boilermaker Sch. F 7294 Senior Construction Inspector MOU Senior Construction Painter Sch. F 3157 Senior Custodial Services Attendant MOU Senior Data Processing Technician MOU Senior Display Worker MOU Senior Duplicating Machine Operator MOU Senior Electric Pumping Plant Operator MOU Senior Electric Service Representative MOU Senior Electric Trouble Dispatcher MOU Senior Electrical Engineering Drafting Technician MOU Senior Electrical Mechanic MOU Senior Electrical Mechanic Supervisor MOU 51/Sch. G 3856 Senior Electrical Repair Supervisor MOU Senior Electrical Tester MOU Senior Electrician MOU Senior Equipment Mechanic MOU Senior Gardener MOU Senior Heavy Duty Equipment Mechanic MOU Senior Hydrographer MOU Senior Industrial Hygienist MOU Senior Load Dispatcher MOU 44

171 3768 Senior Machinist Supervisor MOU Senior Materials Expediter MOU Senior Mechanical Construction Supervisor MOU Senior Mechanical Engineering Drafting Technician MOU Senior Painter MOU Senior Park Maintenance Supervisor MOU Senior Photographer MOU Senior Plumber MOU Senior Radio Interference Inspector MOU Senior Real Estate Officer MOU Senior Safety Engineer Pressure Vessels MOU Senior Security Officer MOU Senior Storekeeper MOU Senior Survey Supervisor MOU Senior Systems Analyst I MOU Senior Systems Analyst II MOU Senior Telephone Operator MOU Senior Teller MOU Senior Title Examiner MOU Senior Truck and Equipment Dispatcher MOU Senior Underground Distribution Construction Supervisor MOU Senior Utility Accountant MOU Senior Utility Buyer MOU Senior Utility Management Assistant MOU 46/ Senior Utility Marketing Representative 173, Senior Wood & Metal Shops Supervisor MOU Senior Workers Compensation Analyst MOU Sheet Metal Supervisor MOU 51/Sch. G 3775 Sheet Metal Worker MOU 47/Sch. G 3780 Shops Superintendent MOU Sign Painter MOU Staff Assistant to General Manager Water and Power MOU Steam Plant Assistant MOU Steam Plant Maintenance Mechanic MOU Steam Plant Maintenance Supervisor MOU Steam Plant Operating Supervisor MOU Steam Plant Operator MOU Steam Plant Superintendent MOU Storekeeper MOU Stores Superintendent MOU Stores Supervisor MOU Structural Engineer MOU Structural Engineering Associate I MOU Structural Steel Fabricator MOU 47/Sch. G 3794 Structural Steel Fabricator Supervisor MOU Structural Welder MOU 47/Sch. G Student Engineer I - 1 year Eng. Educ. 177, Student Engineer II - 2 years Eng. Educ. 177, Student Engineer III - 3 years Eng. Educ. 177, Student Engineer IV - Senior Engineering Student 177, Student Professional Worker 177, Student Trainee Worker 177, Student Trainee Worker I 181, Student Trainee Worker II 181, Student Worker 177,709

172 3790 Superintendent Electrical Station Maintenance MOU Supervising Occupational Health Nurse MOU Supervising Water Service Representative MOU Survey Party Chief MOU Survey Supervisor MOU Systems Programmer MOU Systems Analyst I MOU Systems Analyst II MOU 41 T 5943 Tank Farm Operator MOU Tank Farm Supervisor MOU Tire Repair Supervisor MOU Tire Repairer MOU Title Examiner MOU Tower Line Mechanic MOU 47/Sch. G 3893 Tower Line Mechanic Supervisor MOU 51/Sch. G 1159 Traffic Agent MOU Training Director MOU Transitional Worker 182,207/Note R 3875 Transmission and Distribution District Supervisor MOU Transmission and Distribution Superintendent MOU Tree Surgeon Assistant MOU Tree Surgeon MOU Tree Surgeon Supervisor MOU Truck and Equipment Dispatcher MOU Truck Crane Oiler MOU 47/Sch. G 3583 Truck Operator MOU 47/Sch. G 3412 Typewriter Repairer MOU 47 U 3812 Underground Distribution Construction Mechanic MOU Underground Distribution Construction Supervisor MOU Upholsterer MOU Utilities Service Investigator MOU Utility Accountant MOU Utility Buyer MOU Utility Conservation Manager MOU Utility Marketing Representative I MOU Utility Marketing Representative II MOU Utility Marketing Representative III MOU Utility Marketing Representative IV MOU Utility Pre-Craft Trainee 181, Utility Public Relations Director MOU 46 V 3335 Venetian Blind Repairer MOU 47 W 1832 Warehouse and Toolroom Worker MOU Water Biologist MOU Water Microbiologist MOU Water Quality Laboratory Manager MOU Water Service Representative MOU Water Service Supervisor MOU 51

173 3931 Water Service Worker MOU Water Treatment Operator MOU Water Treatment Supervisor MOU Water Utility Operator MOU Water Utility Operator Supervisor MOU Water Utility Superintendent MOU Water Utility Supervisor MOU Water Utility Worker MOU Waterworks Engineer MOU Waterworks Mechanic MOU Waterworks Mechanic Supervisor MOU Welder MOU 47/Sch. G 3798 Welder Supervisor MOU Well Driller MOU Window Cleaner MOU Workers Compensation Aide MOU Workers Compensation Analyst MOU 41 **Based on Consumer Price Index (CPI) as modified by Ordinance No. 171,657. All salary range numbers shown refer to the salary ranges established in accordance with Section 4.60 of the Los Angeles Administrative Code. Any class that appears in Schedule "A", Los Angeles Administrative Code Section 4.61, shall be deemed to have been adopted for this Schedule and Section. The following Duties Description Record Numbers (DDR No.), adopted by the Board of Water and Power Commission, identify the salary levels to be paid within the respective classes listed in this Schedule. Code No. DDR No. Title 1535 ADMINISTRATIVE INTERN II Industrial Relations Intern (4 years college) II Administrative Intern II (Graduate) Administrative Intern (4 years college) Administrative Intern (4 years college) AFFIRMATIVE ACTION OFFICER Director Equal Opportunity & Affirmative Action Director Equal Opportunity & Affirmative Action ASSISTANT GENERAL MANAGER II Assistant General Manager & Chief Engineer II Assistant General Manager & Chief Engineer I Assistant General Manager & Chief Engineer AUDITOR WATER AND POWER Auditor Auditor CASHIER Department Cashier Department Cashier CHIEF ELECTRICAL ENGINEER & ASSISTANT MANAGER Chief Electrical Engineer & Assistant Manager Chief Electrical Engineer & Assistant Manager CHIEF ENGINEER WATERWORKS & ASSISTANT MANAGER

174 Chief Engineer of Waterworks & Assistant Manager Chief Engineer of Waterworks & Assistant Manager CONSTRUCTION ESTIMATOR Building Estimator CONSTRUCTION INSPECTOR Construction Inspector DIRECTOR OF SECURITY SERVICES Director of Security Services 7530 ENGINEERING SPECIALIST Engineering Specialist Engineering Specialist Engineering Specialist Engineering Specialist Engineering Specialist Engineering Specialist ENVIRONMENTAL SPECIALIST A B EQUIPMENT SPECIALIST I Equipment Specialist I Equipment Specialist EXECUTIVE ASSISTANT TO THE GENERAL MANAGER II Executive Assistant to the General Manager II Executive Assistant to the General Manager I Manager of Administration II Executive Assistant to the General Manager GENERAL MANAGER & CHIEF ENGINEER WATER & POWER General Manager & Chief Engineer General Manager & Chief Engineer LAW CLERK Student Legal Assistant Student Legal Assistant LEGISLATIVE REPRESENTATIVE Legislative Representative Legislative Representative OCCUPATIONAL TRAINEE II Occupational Trainee - CETA III II Occupational Trainee - CETA III I Manpower Trainee I Manpower Trainee II Occupational Trainee - CETA III II Occupational Trainee - CETA III II Occupational Trainee - CETA III II Occupational Trainee - CETA III II Occupational Trainee II II Occupational Trainee II II Occupational Trainee II

175 1735 PERSONNEL ANALYST Equal Employment & Opportunity Representative Personnel Analyst PHYSICIAN I Staff Surgeon Staff Industrial Surgeon Industrial Surgeon Physician PHYSICIAN II Physician II Industrial Physician II PHYSICIAN III Physician III Industrial Physician III RECORDS MANAGEMENT OFFICER Records Manager Records Manager RELIEF RETIREMENT WORKER Relief Retirement Worker Relief Retirement Worker Relief Retirement Worker (Part-Time) RETIREMENT PLAN MANAGER Administrator Water & Power Retirement Plan Administrator Water & Power Retirement Plan SEASONAL METER READER Meter Reader Vacation Relief Meter Reader Vacation Relief SECRETARY WATER AND POWER COMMISSION Secretary Water & Power Commission Secretary Water & Power Commission STUDENT ENGINEER I Student Engineer Part-Time I Student Engineer I Student Engineer-Part-Time I Student Engineer II Student Engineer II Student Engineer II Student Engineer-Part-Time II Student Engineer-Part-Time III Student Engineer-Part-Time III Student Engineer Part-Time III Student Engineer III Student Engineer IV Student Engineer-Part-Time IV Student Engineer-Part-Time IV Student Engineer IV Student Engineer STUDENT PROFESSIONAL WORKER

176 Student Professional Worker Student Professional Worker Student Professional Worker-Part-Time Student Professional Worker Student Professional Worker-Part-Time Student Professional Worker STUDENT TRAINEE WORKER Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker Student Trainee Worker STUDENT WORKER Student Worker-Part-Time Student Worker Student Worker Student Worker Student Worker-Part-Time Student Worker Student Worker-Part-Time Student Worker TRANSITIONAL WORKER Transitional Worker - M.I.S Transitional Worker - Water Transitional Worker - Power MOU (MEMORANDUM OF UNDERSTANDING) Salaries for classes of positions indicated as MOU are fixed by separate ordinances implementing the various Memoranda of Understanding between the City and recognized employee organizations. The Memoranda of Understanding for the representation units are set forth in the following index: MOU 41 MOU 42 MOU 44 MOU 46 MOU 47 MOU 48 MOU 49 MOU 50 MOU 51 MOU 52 MOU 53 MOU 54 MOU 55 MOU 56 DWP Administrative DWP Clerical DWP Load Dispatchers DWP Management DWP Operating, Maintenance and Service DWP Professional DWP Security DWP Steam Plant and Water Supply DWP Supervisory Blue Collar DWP Supervisory Clerical and Administrative DWP Supervisory Professional DWP Technical DWP Confidential Management Representatives DWP Supervisory Technical and Business Administration Employees covered by the Los Angeles Administrative Code may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201 et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required thereunder and any additional benefits set forth herein if compatible with the FLSA. SCHEDULE B HISTORY

177 Amended by: Ord. No. 171,757, Eff ; Ord. No. 171,767, Eff ; Ord No. 171,768, Eff ; In Entirety, Ord. No. 171,781, Eff ; Ord. No. 172,235, Eff ; Ord. No. 172,247, Eff ; Ord. No. 172,462, Eff ; Ord. No. 173,131, Eff ; Ord. No. 173, 185, Eff ; Ord. No. 173,240, Eff ; Ord. No. 173,459, Eff ; Ord. No. 175,049, Eff ; Ord. No. 176,517, Eff ; Ord. No. 176,953, Eff , Oper ; Ord. No. 177,709, Eff ; Ord. No. 179,995, Eff , Oper *; Ord. No. 181,327, Eff ; Ord. No. 181,938, Eff , Oper ; Ord. No. 182,129, Eff ; Ord. No. 182,207, Eff , Oper **; Ord. No. 182,209, Eff * Editor's note: See Ord. No. 179,995 for provisions operative prior to ** Editor's note: See Ord. No. 182,207 for provisions operative prior to NOTE 1. DAILY RATE CONSTRUCTION POSITIONS SALARY NOTES APPLICABLE TO SCHEDULE B All positions in the civil service exempt classes designated as Construction Intermittent and indicated herein as Schedule F shall be compensated according to Resolution 686, adopted by the Board of Water and Power Commissioners on May 5,1977. The persons in the civil service classes listed in Schedule G who are employed on an intermittent basis and paid a daily rate shall be compensated according to Resolution 685, adopted by the Board of Water and Power Commissioners on May 5,1977. SALARY FIXING FOR DAILY RATE CONSTRUCTION POSITIONS Employees occupying positions set forth in Schedule F herein are represented in collective bargaining representation units for which contracts are negotiated between various independent contractors or associations and various labor unions. Representation of positions listed in Schedule F herein is not pursuant to the provisions of Section et. seq. of this Code. Employees occupying positions set forth in Schedule F herein are civil service exempt daily rated construction workers. Employees occupying positions set forth in Schedule G herein are civil service employees who are employed on an as needed basis and paid a daily rate based solely upon the rates established in agreements between the respective construction contractors and the building trades Council. The salary rates established by the collective bargaining agreements negotiated between the respective construction contractors or associations and the respective labor unions for employees occupying positions and DDR numbers set forth in Schedules F and G are hereby determined to be an ascertainment of the prevailing wage for each position in each instance. The rates of compensation for the employees occupying positions listed in Schedules F and G as specified in the Item numbers set forth therein and pertaining to the duties and description record numbers (DDRs) shown opposite shall be fixed in accordance with the specific agreements applicable to such classes as set forth therein. The Director of the Office of Administrative and Research Services shall from time to time amend the wage rates and other items of salary appearing on such Item numbers and DDRs to conform to the rates of compensation negotiated in the applicable labor agreements and such rates shall constitute the prevailing wage in each instance and authority is hereby established to pay such rates of compensation so established. Employees in the Construction Intermittent positions set forth in Schedule F and Schedule G shall not be covered by any of the provisions of this Code unless their coverage is specifically provided. SCHEDULE F Agreement between Southern California Chapter Western Insulation Contractors Association and Local No. 5, International Association of Heat and Frost Insulators and Asbestos Workers: Code Class Title 0902 Construction Asbestos Worker Construction Asbestos Supervisor Construction Asbestos Supervisor Item No DDR No Working Title Asbestos Installer Asbestos Foreman Asbestos General Foreman Articles of Agreement between the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers and Signatory Contractors: Item DDR

178 Code Class Title No. No. Working Title 0904 Construction Boilermaker Boilermaker 0979 Construction Welder Boilermaker Welder 0906 Senior Construction Assistant Boilermaker 5 Boilermaker Foreman 0905 Construction Boilermaker 8 Supervisor Boilermaker Foreman 0905 Construction Boilermaker Boilermaker General 142 Supervisor Foreman Agreement by and between the Executive Council of the California Conference of Mason Contractor Associations, Inc. and Bricklayers, Stone & Marble Masons Union Local No. 2: Code Class Title Item No. DDR No. Working Title 0908 Construction Bricklayer Bricklayer 0909 Construction Bricklayer Supervisor Bricklayer Foreman Brick Tenders Agreement The Southern California District Council of Laborers and its affiliated Local Unions and Signatory Contractors: Code Class Title Item No. DDR No. Working Title 0941 Construction Helper Bricktender Master Labor Agreement between Southern California General Contractors and United Brotherhood of Carpenters & Jointers of America: Code Class Title Item No Construction Mechanical Helper Construction Carpenter Construction Carpenter Construction Carpenter Construction Cabinet Maker Construction Equipment Erector Construction Carpenter Supervisor Construction Carpenter Supervisor Construction Carpenter Supervisor Construction Equipment Erection Supervisor Construction Equipment Erection Supervisor DDR No Working Title Millwright Apprentice Carpenter Carpenter (Pile Capper) Saw Filer and Power Saw Operator Cabinet Maker Millwright Carpenter Foreman Carpenter Shop Foreman Carpenter Foreman (Pile Capper) Machinery Erector Foreman Millwright General Foreman Labor Agreement between Nevada Chapter Associated General Contractors, Southern Nevada Home Builders Association, Inc., Las Vegas Builders Exchange, and United Brotherhood of Carpenters and Joiners of America, AFL-CIO Local Union Nos. 1780, 1827, 1417, 2375:

179 Code Class Title Item No. DDR No. Working Title 0912 Construction Carpenter Carpenter 0913 Construction Carpenter Supervisor Carpenter Foreman Master Labor Agreement between Southern California General Contractors and Operative Plasterers and Cement Masons International Association of the United States and Canada Code Class Title Item No Construction Cement Finisher Construction Cement Finisher Construction Cement Finisher Supervisor 22 DDR No Working Title Cement Mason Cement Finishing Machine Operator Cement Mason Foreman Labor Agreement between Nevada Chapter, Associated General Contractors of America, Inc., Southern Nevada Home Builders, Inc., Las Vegas Builders Exchange and Operative Plasterers and Cement Masons International Association Local 797: Code Class Title Item No Construction Cement Finisher Construction Cement Finisher Construction Cement Finisher Supervisor 110 DDR No Working Title Cement Mason Cement Finishing Machine Operator Cement Mason Foreman Agreement between Iron Workers Employers, State of California and Portion of Nevada and District Council of Iron Workers of the State of California and Vicinity: Code 0935 Class Title Construction Reinforcing Steel Worker Item No Construction Rigger Construction Ironworker Construction Structural Steel Shop Worker Construction Structural Welder Construction Reinforcing Steel Supervisor Construction Ironworker Supervisor DDR No Working Title Reinforcing Ironworker Ironworker Rigger Structural Ironworker Steel Shop Worker Ironworker Welder Reinforcing Iron-worker Foreman Structural Iron-worker Foreman Southern California Master Labor Agreement between The Associated General Contractors of California, Inc., The Building Industry Association of California, Inc., The Engineering and Grading Contractor s Association, Inc., The Underground Engineering Contractor s Association and The Southern California District Council of Laborers Affiliated with The Laborer s International Union of North America, AFL-CIO: Code Class Title Item No. DDR No. Working Title

180 0941 Construction Helper Construction Helper Construction Helper Construction Helper Construction Sandblast Operator Construction Security Officer Construction Miner Construction Labor Supervisor Construction Labor Supervisor Laborer Laborer (Non-Metallic Pipe Laying) Sandblast Pot Tender Operator and Tender (Tools) Sandblast Nozzleman Watchman Powderman Labor Foreman Pipe Laying Foreman (Non- Metallic) Labor Agreement between Nevada Chapter, Associated General Contractors of America, Inc., Southern Nevada Home Builders, Inc., Las Vegas Builders Exchange and Laborers International Union of North America, Local Union No. 872: Code Class Title Item No Construction Helper Construction Helper Construction Helper Construction Security Officer Construction Sandblast Operator Construction Miner Construction Labor Supervisor Construction Labor Supervisor 118 DDR No Working Title Laborer Operator and Tender (Tools) Laborer Watchman Sandblast Nozzleman Powderman Pipe Laying Foreman Labor Foreman Articles of Agreement between Lathing and Metal Furring Contractors Association of California, Inc., and the Wood, Wire and Metal Lathers Local Union No. 42, AFL-CIO: Code Class Title Item No Construction Lather Construction Lather Supervisor 42 DDR No Working Title Furring Metal Lather Furring Metal Lather Foreman The Master Labor Agreement between Southern California General Contractors Association (Except for San Diego County) or the Nevada Chapter of Associated General Contractors of America, Inc., and the International Union of Operating Engineers, Local Union No. 12: Code Class Title Item No. DDR No. Working Title

181 0941 Construction Helper Construction Helper Construction Compressor Operator Construction Truck Crane Oiler Construction Equipment Operator Construction Equipment Operator Construction Equipment Operator Construction Equipment Operator Construction Equipment Operator Construction Equipment Operator Construction Equipment Operator Construction Power Shovel Operator Construction Power Shovel Operator Construction Power Shovel Operator Construction Power Shovel Operator Construction Equipment Supervisor Construction Equipment Supervisor Construction Equipment Supervisor Construction Equipment Supervisor Concrete Mixer Operator (Skip Type) Pump Operator Compressor & Pump Plant Operator Truck Crane Helper Tractor Operator Motor Patrol Operator Elevator Hoist Operator Equipment Operator Gantry Crane Operator Tugger Operator Power Hoist Operator Power Shovel Operator Power Shovel Operator ( Ton) Power Shovel Operator (Over 100 Ton) Crane Operator (Tower Crane) Operating Equipment Foreman Operating Equipment Foreman ( Ton Equip.) Operating Equipment Foreman (Over 100 Ton Equip) Operating Equipment Foreman (Tower Crane) Los Angeles County Painters and Decorators Joint Committee Agreement: Code Class Title Item No Construction Painter Construction Painter Construction Painter Construction Painter Construction Painter Supervisor Construction Painter Supervisor Construction Painter Supervisor DDR No Working Title Painter (Brush) Painter (Spray or Sandblast) Painter (Steel) Painter (Steeplejack) Painter Foreman (Brush) Painter Foreman (Steel) Painter Foreman (Spray or Sandblast) Independent Industrial and General Pipefitting Agreement:

182 Code 0957 Class Title Construction Pipefitter Apprentice Item No Construction Pipefitter Construction Welder Construction Welder Supervisor Construction Pipefitter Supervisor Construction Pipefitter Supervisor DDR No Working Title Apprentice Pipefitter Pipefitter Pipe Welder Pipe Welder Foreman Pipefitter Foreman Pipefitter General Foreman Labor Agreement covering the Jurisdiction of Local Unions of Los Angeles and Orange Counties between the Contracting Plasterer s Association of Southern California, Inc., and Local Nos. 2, 489, 393, 739 and 838 of the O.P. & C.M.I.A.: Code Class Title Item No. DDR No. Working Title 0962 Construction Plasterer Plasterer 0963 Construction Plasterer Plasterer Foreman Plaster Tenders Agreement between Contracting Plasterers Association of Southern California District Council of Laborers and its Affiliated Locals: Code Class Title Item No. DDR No. Working Title 0941 Construction Helper Plaster Tender Southern California Pipe Trades Agreement between The Plumbing Heating and Piping Independent Contractors and the Southern California Pipe Trades District Council No. 16 of The United Association: Code Class Title Item No. DDR No. Working Title 0965 Plumber Plumber 0966 Construction Plumber Supervisor Plumber Foreman Master Agreement Air Conditioning and Refrigeration Industry, Los Angeles and Orange Counties between Air Conditioning and Refrigeration Contractors of Southern California. Inc., and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Air Conditioning and Refrigeration Fitters Division Local No. 250, AFL-CIO: Code Class Title Item No Construction Refrigeration Fitter Construction Refrigeration Fitter Construction Refrigeration Fitter Supervisor Construction Refrigeration Fitter Supervisor DDR No Working Title Refrigeration Fitter Fitter Foreman Fitter Foreman Inside Wireman s Agreement between Local No. 11 International Brotherhood of Electrical Workers AFL-CIO and Los Angeles County Chapter of National Electrical Contractors Association

183 Code Class Title Construction Electrical Helper Construction Electrical Mechanic Construction Electrical Mechanic Supervisor Item No DDR No Working Title Electrical Mech. Helper Const. (Intermittent) Electrical Mech. Construction (Intermittent) Electrical Mech. Supervisor Const. (Intermittent) Collective Bargaining Agreement by and between Union Roofing Contractors Association, Inc., Roofing Contractors Association of Southern California, Inc., Roofing Contractors Association of Orange County, Inc., and Others, and Locals Nos. 36, 72, 220 of the United Slate, Tile and Composition Roofers Damp and Waterproof Workers Association: Code Class Title Item No Construction Roofer Construction Roofer Construction Roofer Supervisor Construction Protective Coating Worker Construction Protective Coating Worker Construction Roofer Supervisor Construction Protective Coating Supervisor 90 DDR No Working Title Roofer (Kettleman) Dampproofer and Roofer Roofer Sub-Supervisor Protective Coating Worker Protective Coating Working Foreman Roofer Foreman Protective Coating Foreman Union Agreement between Local Union No. 108, Sheet Metal Workers International Association, Sheet Metal and Air Conditioning Contractors National Association Los Angeles Chapter, Heating, Air Conditioning and Sheet Metal Contractors Association, Inc: Code Class Title Construction Sheet Metal Worker Construction Sheet Metal Supervisor Construction Sheet Metal Supervisor Item No DDR No Working Title Sheet Metal Worker Sheet Metal Foreman Sheet Metal General Foreman Southern California Pipe Trades Agreement between Independent Automatic Sprinkler and Fire Control Contractors and Sprinkler Fitters Local Union No. 709 of the United Association of Journeymen,and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO: Code Class Title Item No Construction Sprinkler Fitter Construction Sprinkler Fitter Supervisor 150 DDR No Working Title Sprinkler Fitter Sprinkler Fitter Foreman Master Labor Agreement between Southern California General Contractors and Teamster Joint Council No. 42, Teamster Local Union No. 87:

184 Code Class Title Item No Construction Truck Operator Construction Heavy Duty Truck Operator Construction Heavy Duty Truck Operator DDR No Working Title Truck Driver (2-Axle) Heavy Duty Truck Driver (3-Axle) Truck Driver (4-Axle or More) Painters and Decorators Joint Committee Master Agreement between Brotherhood of Painters and Allied Trades, Local 159 and the Painting and Decorating Contractors of America, Southern Nevada Chapter, Las Vegas, Nevada. Code Class Title Item No Construction Painter Construction Painter Construction Painter Construction Painter Supervisor Construction Painter Supervisor Construction Painter Supervisor DDR No Working Title Painter (Brush) Painter (Steel) Painter (Steel or Sandblast) Painter Foreman (Brush) Painter Foreman (Steel) Painter Foreman (Spray or Sandblast) Labor Agreement between Associated Plumbing and Air Conditioning Contractors of Nevada, Inc., and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United State and Canada, Local Union No. 525, Las Vegas, Nevada. Code Class Title Item No. DDR No. Working Title 0965 Plumber-Exempt Plumber 0966 Construction Plumber Supervisor Plumber Foreman Labor Agreement between Nevada Chapter Associated General Contractors of America, Inc., Southern Nevada Home Builders Exchange, Inc., Las Vegas Builder s Exchange and Teamsters Local No. 631 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Code Class Title Item No. DDR No. Working Title 0925 Construction Truck Operator Truck Driver 0921 Construction Heavy Duty Truck Operator Truck Driver 0921 Construction Heavy Duty Truck Operator Truck Driver 0921 Construction Heavy Duty Truck Operator Truck Driver Agreement between Western Line Constructors Chapter N.E.C.A. and Locals 47 and 1245, International Brotherhood of Electrical Workers, AFL-CIO: Code Class Title Construction Electric Distribution Mechanic Supervisor Construction Electric Distribution Mechanic Trainee Item No DDR No Working Title Line Mechanic/ Splicer Supervisor (Intermittent) Apprentice Line Mechanic/Splicer (Intermittent)

185 0388 Construction Electric Distribution Mechanic Construction Electrical Helper Construction Electrical Helper Construction Electrical *0390 Construction Tower Line Mechanic Construction Tower Line Mechanic Construction Tower Line Mechanic Supervisor Construction Tower Line Mechanic Supervisor Construction Transmission and Distribution District Supervisor *0993 Construction Towerline Mechanic Supervisor *0993 Construction Towerline Mechanic Supervisor Line Mechanic/Splicer (Intermittent) Tower Line Mechanic Helper Line Helper (Intermittent) Tower Line Mechanic Helper (M) Tower Line Mechanic Tower Line Mechanic (M) Tower Line Mechanic Foreman Tower Line Mechanic Foreman (M) Line Mechanic/Splicer General Supervisor (Intermittent) Towerline General Foreman Towerline General Foreman (M) Orange Belt Painters and Decorators Joint Agreement (San Bernardino): Code Class Title Item No. DDR No. Working Title **0953 Construction Painter Painter (Spray) **0954 Construction Painter Supervisor Painter Foreman (Spray) Added by Ord. No. 150,778, Eff , Oper Amended by: Ord. No. 151,327, Eff ; Ord. No. 152,231, Eff , Oper ; Ord. No. 152,343, Eff ; Ord. No.152,544, Eff , Oper ; Ord. No. 153,511, Eff ; Ord. No. 154,342, Eff , Oper ; Ord. No. 156,023, Eff ; Ord. No. 157,827, Eff ; Ord. No. 167,283, Eff ; Ord. No. 173,308, Eff , Oper * Salaries operative ** Salaries operative SCHEDULE G Articles of Agreement between the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers and Signatory Contractors: Code Class Title DDR No. Working Title 3796 Welder Boilermaker Welder 3835 Boilermaker Boilermaker 3737 Boilermaker Supervisor Boilermaker Foreman Agreement by and between the Bricklayers, Stone & Marble Masons Union Local No. 2 and the Executive Council of the California Conference of Mason Contractor Associations, Inc.: Code Class Title DDR No. Working Title 3324 Bricklayer Bricklayer 3326 Bricklayer Supervisor Bricklayer Foreman

186 Bricktenders Agreement between the Southern California District Council of Laborers and its affiliated Local Union and Signatory Contractors: Code Class Title DDR No. Working Title 3115 Maintenance & Construction Helper Bricktender Master Labor Agreement between United Brotherhood of Carpenters and Joiners of America and Southern California General Contractors: Code Class Title 3344 Carpenter 3344 Carpenter 3344 Carpenter 3760 Equipment Erector 3346 Carpenter Supervisor 3346 Carpenter Supervisor 3346 Carpenter Supervisor Equipment Erection Supervisor Equipment Erection Supervisor DDR No Working Title Saw Filer and Power Saw Operator Carpenter Carpenter Pile Capper Millwright Carpenter Foreman Carpenter Shop Foreman Carpenter Foreman Pile Capper Millwright Foreman Millwright General Foreman Master Labor Agreement between Southern California General Contractors and Operative Plasterers and Cement Masons International Association of the United States and Canada: Code Class Title 3353 Cement Finisher 3353 Cement Finisher 3354 Cement Finishing Supervisor DDR No Working Title Cement Finishing Machine Operator Cement Mason Cement Mason Foreman Inside Wireman s Agreement between Local No. 11 International Brotherhood of Electrical Workers AFL-CIO of Los Angeles County California and Los Angeles County Chapter of National Electrical Contractors Association: Code Class Title 3799 Electrical Craft Helper 3799 Electrical Craft Helper 3833 Electrical Mechanic 3835 Electric Mechanic Supervisor DDR No Working Title Electric Mechanic Helper Apprentice Electric Mechanic Electric Mechanic Electric Mechanic Foreman

187 Senior Electric Mechanic Supervisor Construction and Maintenance Supervisor Construction and Maintenance Supervisor Electric Mechanic General Foreman Construction & Maintenance Foreman Construction & Maintenance General Foreman Agreement between the Iron Workers Employers State of California and Portion of Nevada and District Council of Iron Workers of the State of California and Vicinity: Code Class Title DDR No. Working Title 3474 Ironworker Structural Ironworker 3483 Reinforcing Steel Worker Reinforcing Ironworker 3791 Structural Welder Ironworker Welder 3793 Structural Steel Shop Worker Steel Shop Worker 3475 Iron Worker Supervisor Structural Ironworker Foreman 3485 Reinforcing Steel Supervisor Reinforcing Ironworker Foreman Southern California Master Labor Agreement between the Associated General Contractors of California, Inc., The Building Industry Association of California. Inc., The Engineering and Grading Contractors Association, Inc., The Underground Engineering Contractors Association, and the Southern California District Council of Laborers Affiliated with the Labors International Union of North America, AFL CIO: Code Class Title Maintenance & Construction Helper Maintenance & Construction Helper Maintenance & Construction Helper Maintenance & Construction Helper 3181 Security Officer 3404 Miner 3126 Labor Supervisor 3126 Labor Supervisor DDR No Working Title Construction Laborer Operator & Tender Tools Construction Laborer Non-Metallic Pipe-Laying Sandblast Pot Tender Watchman Powderman Labor Foreman Labor Foreman Non-Metallic Pipe Laying Associated Machinery Erectors and Contractors of California, Inc. and the Grand Lodge of the International Association of Machinists and Aerospace Workers: Code Class Title DDR No. Working Title 3771 Mechanical Helper Machinist Helper 3763 Machinist Machinist 3766 Machinist Supervisor Machinist Foreman Master Labor Agreement Between Southern California General Contractors Associations (Except San Diego County) And the International Union of Operating Engineers Local No. 12:

188 Code Class Title Maintenance & Construction Helper Maintenance & Construction Helper 3503 Compressor Operator 3557 Truck Crane Oiler 3525 Equipment Operator 3525 Equipment Operator 3525 Equipment Operator 3525 Equipment Operator 3525 Equipment Operator 3525 Equipment Operator 3525 Equipment Operator 3558 Power Shovel Operator 3558 Power Shovel Operator 3558 Power Shovel Operator 3527 Equipment Supervisor 3527 Equipment Supervisor 3527 Equipment Supervisor 3527 Equipment Supervisor DDR No Working Title Pump Operator Concrete Mixer Operator Skip Type Compressor and Pump Plant Operator Truck Crane Helper Equipment Operator Motor Patrol Operator Tractor Operator Tugger Operator Gantry Crane Operator Power Hoist Operator Elevator Hoist Operator Power Shovel Operator Power Shovel Operator ( Ton) Power Shovel Operator (Over 100 Ton) Crane Operator Tower Crane Operating Equipment Foreman Operating Equipment Foreman ( Ton Equipment) Operating Equipment Foreman (Over 100 Ton Equipment) Operating Equipment Foreman Tower Crane Los Angeles County Painters and Decorators Joint Committee Agreement: Code Class Title 3423 Painter II 3423 Painter II 3423 Painter II 3423 Painter II 3426 Painter Supervisor 3426 Painter Supervisor 3426 Painter Supervisor DDR No Working Title Painter Brush Painter Steel Painter (Spray or Sandblast ) Painter Steeplejack Painter Foreman Brush Painter Foreman Steel Painter Foreman Spray or Sandblast

189 3425 Senior Painter Supervisor Senior Painter Foreman Independent Industrial and General Pipefitting Agreement: Code Class Title DDR No. Working Title 3433 Pipefitter Pipefitter 3796 Welder Pipe Welder 3436 Pipefitter Supervisor Pipefitter Foreman 3437 Senior Pipefitter Supervisor Pipefitter General Foreman Plaster Tenders Agreement between Contracting Plasterers Association of Southern California, Inc., and The Southern California District Council of Laborers and its affiliated Locals: Code Class Title DDR No. Working Title 3115 Maintenance & Construction Helper Plasterer Tender Southern California Pipe Trades Agreement between the Plumbing Heating and Piping Independent Contractors and the Southern California Pipe Trades District Council No. 16 of the United Association: Code Class Title DDR No. Working Title 3443 Plumber Plumber 3446 Plumber Supervisor Plumber Foreman Union Agreement between Local Union No. 108 Sheetmetal Workers International Association, Sheetmetal and Air Conditioning Contractors National Association Los Angeles Chapter and Heating, Air Conditioning and Sheetmetal Contractors Association, Inc.: Code Class Title DDR No. Working Title 3775 Sheetmetal Worker Sheetmetal Worker 3777 Sheetmetal Supervisor Sheetmetal Foreman Master Labor Agreement between Southern California General Contractors and Teamster Joint Council No. 42 and the Teamsters Local Unit No. 87: Code Class Title DDR No. Working Title 3583 Truck Operator Truck Driver 2 Axle 3584 Heavy Duty Truck Operator Heavy Duty Truck 3 Axle 3584 Heavy Duty Truck Operator Truck Driver 4 Axle or More Agreement between Western Line Constructors Chapter of N.E.C.A. and Local No. 47 and Local No AFL-CIO, International Brotherhood of Electrical Workers: Code Class Title DDR No. Working Title 3115 Maintenance & Construction Tower Line Mechanic Helper Helper 3891 Tower Line Mechanic Tower Line Mechanic 3893 Tower Line Mechanic Tower Line Mechanic Supervisor Foreman Tower Line Mechanic Tower Line General

190 3893 Supervisor Foreman Amended by: Ord No. 152,231, Eff , Oper ; Ord. No. 152,544, Eff , Oper ; Ord. No. 154,362, Eff , Oper NOTE 2. NIGHT WORK BONUS. Each employee, except a cumulative-hour employee, who is regularly scheduled to start his/her normal workday at or after 2:00 P.M. but before 9:00 P.M. shall receive, in addition to other compensation, adjusted compensation of thirty-five cents (35 ) for each straight time hour worked during any such normal work day. Each employee, except a cumulative-hour employee, who is regularly scheduled to start his/her normal workday at or after 9:00 P.M. but before 4:00 A.M. shall receive in addition to other compensation, adjusted compensation of fifty cents (50 ) for each straight time hour worked during any such normal workday. Each employee, except a cumulative-hour employee, who is regularly scheduled to start his/her normal workday at or after 2:00 P.M. but before 4:00 A.M. shall not be entitled to receive a pay differential during any absences from work. Each employee, except a cumulative-hour employee, will receive a shift differential at the rate of one and one-half (1-1/2) times the shift differential provided for in the first two paragraphs of this note for each hour of overtime worked immediately preceding or immediately following their regularly scheduled shift unless the employee is being paid at the double-time rate for overtime worked immediately preceding or immediately following those normal workdays, in which instance said employee shall receive shift differentials at two (2) times the normal shift differential as set forth in the first two paragraphs of this note. NOTE 3. REMOTE WORK LOCATION BONUS. Employees of the Power Operating and Maintenance Division in the classes Chief Electric Plant Operator, Code 5237, and Principal Clerk Power, Code 1211, whose permanent reporting location is the Castaic Power Plant, shall receive additional compensation of $10 per day for each day worked at that location. NOTE 4. CALL BACK When an employee is notified while off duty to report for work at a time which is outside of the employee s normal work schedule, and the employee is released in less than two (2) hours (including time allowed for travel), the employee shall be credited with a minimum of two (2) hour of work. Employees who are compensated for overtime in accordance with Section who are notified between 12 Midnight and 6:00 A.M. and directed to report immediately for work (other than for scheduled overtime) shall receive a minimum of two (2) hours at the double time rate. Additional calls received within the two hour minimum period shall not establish an additional minimum period of double time. Hours worked after the two hour minimum shall continue to be paid at the double-time rate until the start of the employee s regularly scheduled hour. Should the two hour minimum overlap into an employee regularly scheduled work hours, the straighttime pay for the regularly schedule hours shall commence after the close of the two hour minimum period. NOTE 5. WATER MICROBIOLOGIST One person in the class of Water Microbiologist, Code 7857, assigned to DDR No , when regularly assigned to present testimony on water quality issues before Congressional and Legislative Committees and Regulatory Bodies; when serving as Department representative and liaison to National, State and local groups, task forces and inter-agency water quality committees; and when functioning as Department spokesperson to the news media, environmental groups and the public on water quality issues, shall receive salary at the fourth premium level rate above the appropriate step rate in the salary range prescribed for the class. NOTE 6. EXECUTIVE ASSISTANT TO GENERAL MANAGER DWP II. One person employed in the class of Executive Assistant to General Manager DWP II, Code 0360, who is regularly assigned to the position of Assistant Chief External and Organizational Services Systems, shall be compensated in accordance with the salary range fixed for Duties Description Record Number NOTE R. REHABILITATION TRAINEE. Whenever an employee who has suffered an on-the-job disabling injury, is transferred pursuant to Charter Section 108 to the class of Rehabilitation Trainee, Code 1576, that employee shall receive the salary of the DDR or position from which the employee transferred up to a maximum of five years from the date of appointment to the class of Rehabilitation Trainee. Added by Ord. No. 150,778, Eff , Oper ; Note 5, Ord. No. 162,035, Eff ; Note 6, Ord. No. 166,014, Eff , Oper Amended by: Ord. No. 152,231, Eff , Oper ; Ord. No. 152,544, Eff , Oper ; Note 2, Note 3 added, Note R, by Ord. No. 154,342, Eff , Oper ; Note 5, Ord. No. 162,962, Eff , Oper ; Note R, Ord. No. 162,962, Eff , Oper

191 Sec Implementation of Compensation Plan for Department of Water and Power Employees. Upon adoption of the Compensation Plan for employees in the Department of Water and Power by the City Council, each employee, unless otherwise provided for in a Memorandum of Understanding, shall retain the step in the range which was held prior to the action of the City Council except that a step advancement which would have been applicable in accordance with Department of Water and Power Working Rule 3.7 shall be made prior to any change in the salary rates or range if the actions are concurrent. Should the number of steps in the salary range prescribed for a position level in a class of positions be changed by action of the City Council, each employee s step placement on the revised salary range shall be determined by placing such employee the same number of steps below the top step as the employee occupied on the former salary range except that no employee shall be placed below the bottom step of the revised range. In all such cases the salary anniversary date for step advancement for each such employee shall remain the same. Should the City Council adopt a revised salary range for a position level in a class of positions, and if the application of the provisions of this section would result in a decrease in salary for an employee, such employee shall retain the former rate of pay until the employee s next following anniversary date for step advancement at which time the employee shall advance to the next higher step in the adopted salary range. For the purpose of administering these provisions, each employee shall have as a present anniversary date the date of the beginning of the payroll period in which the employee received the last step increase or the first day of the payroll period established by Department of Water and Power Working Rule 3.7 for salary step advancement if such employee was promoted, displaced or demoted within six months prior to the implementation of these provisions. Added by Ord. No. 150,778, Eff , Oper Sec Step Placement Upon Initial Appointment. (a) Initial appointment to any position shall be at the lowest step in the salary range for the position. (b) Notwithstanding Subsection (a) above, the General Manager may authorize the appointment of a person to a step above the lowest step in the salary range where the General Manager finds that: (1) The Department or System is unable to recruit sufficient persons who have the needed experience, abilities or training for the position, or who are willing to work nonstandard hours or who are willing to work in certain locations, or (2) The person to be appointed has experience and skills that exceed those of other candidates available for the position and such experience and skills are required, and (3) The advanced step hiring is applied to a limited number of difficult-to-fill positions in the Department. (c) Persons who are employees of other jurisdictions or entities whose functions are consolidated into the City and who enter City service by action of the Board of Civil Service Commissioners pursuant to the provisions of Charter Section 1021 shall be credited with their length of service in the position held at the time of the consolidation for salary step placement and salary step advancement purposes. Added by Ord. No. 150,778, Eff , Oper Amended by: Ord. No. 152,231, Eff , Oper ; 3rd and 5th paragraphs, Ord. No. 152,544, Eff , Oper ; Title and Section, Ord. No. 155,181, Eff ; Subsec. (b), Ord. No. 172,760, Eff , Oper ; Ord. No. 173,308, Eff , Oper Sec Salary Step Placement on Assignment to a Different Position in City service. (a) Whenever an employee is assigned or appointed from a position to another position, the following step placement procedures shall apply: (1) If the top step rate of the salary range for the new position is higher than the top step rate of the salary range for the former position, the employee shall be placed on the lowest step within the salary range for the new position which provides at least a five (5) percent increase over the rate received in the former position including any regularly assigned bonus or premium compensation amounts in either the former position or in the new position. (2) If the top step rate of the salary range for the new position is the same as the top step rate of the salary range for the former position the employee shall retain the salary step from the former position. (3) If the top step rate of the salary range for the new position is lower than the top step rate of the salary range for the former position, the employee shall receive the lower of:

192 a. The top step rate of the salary range for the new position, or b. The step rate in the salary range for the new position which is the same as the employee s step rate in the prior class; if no step rate in the range is the same, the net higher level rate in the new salary range shall apply until the employee s next anniversary date. (4) In no case shall an employee receive a salary that is lower than the lowest step rate of the salary range for the new position, or higher than the top step rate, including regularly assigned bonus amounts, of the salary range for the new position. (5) When an employee returns to a higher level position the employee shall be restored to the former step and step anniversary date. (b) Salary Rate Comparisons. (1) All salary rate comparisons shall be made in the hourly or bi-weekly amounts for the step rates in the salary range. (2) Flat rate salary amounts shall be considered to be the top step of the salary range for the position. (3) Any regularly assigned bonus or premium amounts shall be included in the top step rates of the salary ranges before the top step rates of the former and new positions are compared. (4) In determining the step placement for an employee assigned or appointed to a position in the Department of Water and Power from a position in any other City department, salary rate comparisons shall be made using the employee s actual salary in accordance with applicable provisions of this section. The availability of higher pay levels for the employee s classification shall not be considered in the salary step determination. (c) Concurrent Step Advancement and Position Change. Employees who would be entitled to receive a step advancement on the same date as they are appointed or assigned to a new position on a different salary range shall be deemed to have received the step advancement prior to the appointment or assignment to the new position. (d) Bonus/Premium Compensation Assignment. Assignment to or from a position with a regularly assigned bonus or premium rate within the same class and pay grade does not change the employee s step placement or step advancement anniversary date. (e) Change in Classification by the Civil Service Commission. Whenever a position is reclassified and an employee is found legally employed or not illegally employed by action of the Board of Civil Service Commissioners, such employee shall retain the salary step and anniversary date from the former classification. (f) Retroactive Salary Ordinances. Step adjustments will be recomputed, if necessary, pursuant to the provisions of any retroactive salary ordinance. Added by Ord No. 150,778, Eff , Oper Amended by: 1st and 3rd unnumbered paragraphs, Ord. No. 152,544, Eff , Oper ; Title and Section, Ord. No. 155,181, Eff ; Subsec. (a)(1) and (d), adds (a)(5), Ord. No. 157,221, Eff ; Subsec. (f) added, Ord. No. 159,659, Eff Sec Salary Step Adjustment. (a) The first salary step advancement for an employee who has been initially appointed to City service or who has been appointed or assigned to a position on a higher salary range shall take place in the payroll period which includes the date six months from the date of the appointment or assignment. (1) Consecutive appointments to positions with the same top step salary rate in the six months following the appointment or assignment shall be treated as one appointment or assignment for step advancement purposes. (2) Absences from duty without pay during the six months following initial appointment or in the twelve months between step advancements shall cause the date of the salary step advancement and the anniversary date to be moved forward one working day for each working day of such absences beginning with the sixteenth working day of such absences. Employees who are injured on duty are compensated in accordance with Division IV of the Labor Code of the State of California and Article 7 of Division 4 of this Code shall not have their first step increase or anniversary date change. (3) The date six months from the date of appointment shall be the employee s anniversary date except under circumstances provided for in Subsection (a) (2). (b) An employee who is appointed to a new position on the same or lower salary range shall retain the step advancement anniversary date established for the former position. (c) Each employee shall advance to the next higher step in the salary range in the payroll period which includes the employee s anniversary date until the top step of the salary range is reached.

193 (d) Provisions applicable to part-time and intermittent employees: (1) The initial salary step advancement for a part-time employee (half-time or more but less than full-time) in a position compensated on salary range shall be in the payroll period following completion of 520 hours and six months of service. Each subsequent step advancement shall be in the payroll period following the completion of 1040 additional hours and one additional year of service. Hours of service in excess of those required for step advancement in a time period shall be carried forward for credit in the next time period. (2) Intermittent employees or part-time employees exempted from Civil Service provisions by Charter Section 1001 shall be paid a rate corresponding to the entering step in the salary range for the classification in which the employee is employed. Full-time or half-time employees changing to intermittent status in the same Civil Service class shall continue to be paid at the same rate as which they were last paid while a full/half-time employee. Employees who, on the effective date of this section, are being compensated on a step in a salary range higher than that prescribed by this section shall receive salary at their existing rate until that rate meets or exceeds the rate prescribed by this section. Added by Ord. No. 150,778, Eff , Oper Amended by: 2nd unnumbered paragraph, Ord. No. 152,544, Eff , Oper ; Title and Section, Ord. No. 155,181, Eff ; In Entirety, Ord. No. 159,659, Eff ; Ord. No. 173,308, Eff , Oper Sec Salary Step Placement for Non-Represented Exempt Positions. The General Manager of the Department of Water and Power may employ or retain any person in a non-represented exempt position at any step within the salary range prescribed for said position that is determined by the General Manager to be commensurate with and based on the extent, responsibility and importance of the work and the experience and ability of the employee. Added by Ord. No. 172,234, Eff , Oper Sec Return from Layoff or Separation from City Service. (a) When an employee returns to a position in a classification in accordance with Charter Section 1015, the employee shall be placed on the same step in the salary range for the position that was occupied prior to the layoff; and the anniversary date for such employee shall be the date of completion of an aggregate of one year of service at that salary step. If any other section of this Code provides a higher salary rate than is provided by this section, that other section of the Code shall govern the employee s step placement. (b) When a former employee is reinstated after a separation from service to serve on active duty in the Armed Forces of the United States, the employee shall be placed on the step in the salary range for the new position as though no separation from City service had occurred and the employee shall retain his/her former anniversary date. (c) If any employee returns to City service within three years of the date of separation from city service, the appointing authority may authorize a placement of the employee on the top step in the salary range for the position in accordance with this section as though the employee had not been separated from city service, but no step advancement credit will be given for the time of separation. In such cases, the employee s step advancement anniversary date shall be date of completion of the aggregate number of months required for step advancement at the time of separation from city service. Added by Ord. No. 150,778, Eff , Oper Amended by: Title and Section, Ord. No. 155,181, Eff ; Ord. No. 173,308, Eff , Oper Sec Overtime Compensation. Except as otherwise expressly provided by the Board of Water and Power Commissioners and approved by the City Council, or otherwise provided for by ordinance implementing an approved Memorandum of Understanding, employees in classes and levels listed in Schedule B shall be compensated for authorized overtime as follows: (1) Employees in classes for which the maximum salary is equal to or less than the maximum salary rate for the class Cashier, Water and Power, Code 9669, shall be paid at the rate of one and one half-hours for each hour worked. Overtime worked on Sundays, holidays or their equivalents shall be paid at the double time rate in addition to the regular compensation for the holiday. Each hour worked after sixteen continuous hours on duty have been worked shall be at the double time rate. (2) Employees on salary ranges for which the maximum rate is above that for the class Cashier Water and Power, Code 9669, and equal to or less than the maximum rate for the class Secretary Water and Power Commission, Code 9739, shall receive compensation at the rate of one and one-half hours

194 for each overtime hour worked. Employees may request compensation in cash or time off subject to approval of the General Manager. (3) (a) Except as provided in Subsection (b) below, employees on salary ranges above the range for the class of Secretary Water and Power Commission, Code 9739, shall receive compensation at the rate of one hour for each overtime hour worked. Employees may request compensation in cash or time off subject to approval of the General Manager, and restrictions adopted by the Board of Water and Power Commissioners in Board Resolution , adopted June 22, 1989, or as subsequently amended. (b) Notwithstanding the provisions of Subsection (a) above, the pay fixed for employees on salary ranges at or above the range for the class of Executive Assistant to General Manager DWP I, Code 0360, shall be deemed to provide full compensation for all hours worked. (4) The General Manager shall establish limits on the maximum amount of overtime off that can be accumulated in Paragraphs (2) and (3) above. (5) Notwithstanding the provisions of this section or any other ordinance to the contrary, whenever an employee in a class listed in Schedule B is required to remain on duty or on the Department of Water and Power s premises, in order to maintain Department operations during a work stoppage by other employees, the employee shall be considered to be on duty during all such hours and shall be paid or allowed to accumulate time-off at the rate of time-and-one-half as directed by the General Manager. If this section or any other ordinance provides greater overtime compensation, the employee may be compensated under those provisions. Added by Ord. No. 150,778, Eff , Oper Amended by: Ord. No. 152,544, Eff , Oper ; Para. 5 added by Ord. No. 154,342, Eff , Oper ; Ord. No. 165,871 Eff ; Para. (3), Ord. No. 170,063, Eff CHAPTER 10 RETIREMENT BENEFITS AND CONDITIONS OF ENTITLEMENT (ADOPTED UNDER THE AUTHORIZATION OF CHARTER SECTION 1168) (Title Amended by Ord. No. 173,237, Eff , Oper ) Section Statement of Purpose Definition of Terms Members of the System Establishment of Tier Board of Administration Determinations Unclaimed Benefits Revert to the Retirement Fund Final Compensation Waiver of Benefits Operative Dates of Certain Sections of this Chapter Service Retirement Allowance Entitlement to Receive Beta Formula Service Credit Beta Formula for the Calculation of Service Retirement Allowances Service Credit for Accrued Vacation Time in Case of Death; Service Credit to Relate Back to the Date a Member Entered City Service Prior Defrayal of Certain Members' Contributions Contribution Rate for Members Larger Annuity Program Early Retirement Incentive Program Cost of Living Adjustment Discretionary Cost of Living Adjustments Ad Hoc Cost of Living Adjustment for Retirees Who Retired Prior to June 30, Definitions Continuance to Surviving Spouse Surviving Spouse s Election to Receive the Continuance to Surviving Spouse Benefit Where Member Failed to Make the Election Survivorship Benefits Available to Domestic Partners Continuance to Designated Beneficiary Application to Change Optional Retirement Allowance Cost of Living Increases Rule-Making Powers of the Board of Administration Operative Date of Sections Through Construction of the Provisions of this Chapter.

195 Back Contributions for past Periods of City Service and Redeposit of Formerly Withdrawn Accumulated Contributions Rights of Former Members Past Service Credit Toward Entitlements under Family Death Benefit Insurance Plan Buy Back of Periods of Uncompensated Leave from City Service Government Service Buy Back Program Optional Retirement Allowance Election of Annuity with No Payment Due on Death of Last Survivor Duty Related and Non-duty Related Deaths Creating Entitlement to Survivorship Benefits Disability Retirement Loan Program for Applicants for Disability Retirement Back Contributions for Periods of City Employment While Disability Pension Applications Were Pending and No Entitlement Existed to Receive Credit for City Service Six Months Limitation Computation of Allowance in Case of Early Retirement; Full Formula Retirement after 30 Years of Service and Attainment of Age Survivor s Right to Designate the Beneficiary of Unused Accumulated Contributions and Accrued but Unpaid Allowances Medical Examinations of Disability Retirement Applicants Requirements Concerning Proof of Disability in Case a Member Dies Subsequent to His or Her Application but Before Reports from Three Physicians Can Be Obtained Accumulated Contributions May Be Refunded to Certain Employees Benefits for Employees upon Their Change of Membership from the Water and Power Employees Retirement Plan to Membership in the Los Angeles City Employees Retirement System and for Members Who Change Membership from the Los Angeles City Employees Retirement System to the Water and Power Employees Retirement Plan Compliance with Certain Internal Revenue Code Provisions Payments upon Death Family Death Benefit Insurance Plan Direct Rollovers Trustee-to-Trustee Transfers to LACERS Reciprocal Benefits with the Public Employees Retirement System Separate Account Option under Court Orders Dividing Community Property If Legal Separation or Dissolution Occurs Prior to the Member s Retirement Definitions Benefits Available to Nonmember Awarded a Separate Account Calculation of Member s Service Retirement Allowance Calculation of Member s Disability Retirement Allowance Buy Back of Funds Allocated to Nonmember Duties and Responsibilities of the Board of Administration Former Spouse Option to Receive an Annuity for Life. Sec Statement of Purpose. It is the purpose of this chapter to establish retirement benefits for members of the Los Angeles City Employees Retirement System and for other beneficiaries as defined in Section 1152 of the City Charter and Section of this chapter, to modify such benefits and to change conditions of entitlement thereto by ordinance as authorized in Section 1168 of the City Charter. It is also the purpose of this chapter to demonstrate the intent of the City of Los Angeles, through its governing bodies, to promote the improvement of personnel management and employer-employee relations by enacting from time to time, such ordinances as may legally be adopted under the authority of Section 1168 of the City Charter whenever Memorandums of Understanding and other agreements, duly executed by all parties thereto and approved by the City Council, require by their terms presentation to the City Council of ordinances changing retirement benefits or conditions of entitlement thereto. Added by Ord. No. 147,686, Eff Amended by: First and Second Paras., Ord. No. 173,237, Eff , Oper Sec Definition of Terms. All words or terms used in this chapter and Chapter 11 not specifically and expressly otherwise defined in any section thereof, shall be defined in accordance with the definitions contained in Section 1152 of the City Charter, Section of the Los Angeles Administrative Code and Section 3501 of the California Government Code, or shall have the following meaning, if not elsewhere defined: "Accumulated Contributions": Shall mean the total of the amounts paid into the Retirement Fund by the member and any interest credited to the member's account.

196 Annuity : Shall mean payments for life derived from the accumulated contributions of a member as provided in this chapter. Beta Formula : Shall mean the service retirement formula established in Section of this chapter. Beta Formula Service : Shall mean those periods of City service to which the Beta Formula shall be applicable pursuant to Section of this chapter. City Service or Service : Shall mean only those periods during which a member received compensation from the City as an employee or during which the employee not only received Workmen s Compensation benefits (Div. IV, Labor Code) for temporary disability on account of any injury or illness arising out of and in the course of employment with the City but for which the employee also made contributions to the fund as provided in Charter Section City Service Credit or Service Credit : Shall mean the time component of the formula used by Los Angeles City Employees Retirement System for purposes of calculating benefits pursuant to applicable Los Angeles Administrative Code and Board Rule provisions. Compensation Earnable : Shall mean the full salary, wage or compensation established for any position or office in the City service for the particular period involved in any calculation required. Continuous Service : Shall mean uninterrupted City service except that discontinuance of such service of a member for any cause whatever, followed by re-entrance into the City service within three years from the date of such discontinuance, shall not be considered as a break in the continuity of service. Dependent Parent : Shall mean only a person whom the Board of Administration, upon investigation and after a hearing in the matter, shall find is the parent of a member to or for whom the member, during the last year of his service, contributed at least one-half (1/2) the necessary living expenses. Employee : Shall mean every person in the employ or service of the City of Los Angeles in any capacity or rank whatever at a regular salary, wage or compensation, and regardless of whether the position held by any such person is classified as an office or employment. "Larger Annuity": Shall mean the annuity funded entirely by the member as provided in Section of this Chapter. "Member": Shall mean an employee of the City of Los Angeles who meets the membership requirements contained in Section of this Chapter. Notwithstanding the foregoing, a person who qualifies for reciprocity under Section and is no longer employed by the City may be considered to be a member, but only to the limited extent necessary to comply with the reciprocity provisions contained in Section of this Chapter. A retired member who is receiving a monthly benefit from the Retirement System shall not be considered a member for purposes of this Chapter and, if re-employed as authorized in Charter Section 1164, shall continue to be a retired member. Regular Interest : Shall mean interest credited to the individual account of each member as provided in Charter Section 1162(b). Reserve Basis : A system which provides for the accumulation and maintenance of a fund which will at all times be equal to the difference between the present value of the obligations assumed and the present value of the money to be received for paying such obligations, where such present values are estimated in accordance with accepted actuarial methods and on the basis of an assumed rate of interest and the mathematical probabilities of the occurrence of such contingencies as affect both the payment of the assumed obligations and the receipt of money with which they are to be paid. Added by Ord. No. 147,686, Eff Amended by: In Entirety, Ord. No. 165,622, Eff ; Ord. No. 173,349, Eff , Oper ; Ord. No. 174,365, Eff ; Ord. No. 182,196, Eff Sec Members of the System. (a) Every employee shall become a member of the Retirement System on the first day of employment in a position with the City in which he or she is not excluded from membership pursuant to the provisions of Subsection (b) of this Section. A City employee shall cease to be a member upon termination of employment. A City employee shall also cease to be a member if a change in his or her employment results in an exclusion from membership pursuant to the provisions of Subsection (b) of this Section or if his or her membership has been terminated pursuant to the provisions of Section of this Chapter. A former member who re-enters City employment or whose City employment changes, shall again become a member of the Retirement System on the first day of City service in a position with the City in which he or she is not excluded from membership pursuant to the provisions of Subsection (b) of this Section or Charter Section (b) The following employees shall not be members of said Retirement System: (1) Persons employed by the Board of Education or School District. (2) Persons serving on any Board of Commissioners whose compensation consists of attendance fees per meeting attended.

197 (3) Members of the Fire and Police Pension Plans and members of the Water and Power Employees Retirement Plan, provided, however, that this exclusion shall not operate during any period of City service in which any such person is employed in any capacity which renders that person ineligible for current membership in said Plans. Nothing in this chapter shall be construed to prevent any person entitled to the payment of any benefit on account of service as a member of the Plans herein mentioned, from receiving payment on account of any benefit to which such person is entitled as a member of this Retirement System; provided, nevertheless, that no payment shall be made under provisions of this chapter, for or on account of any period of service for which such person is entitled to receive or is receiving any benefit, under the Fire and Police Pension Plans or the Water and Power Employees Retirement Plan. (4) Inmates of City institutions who are allowed compensation for such services as they are able to perform. (5) Persons in City institutions principally for the purpose of receiving training but who receive compensation. (6) Persons employed under contract for a definite period or for the performance of a particular special service. (7) Persons employed only on call or for seasonal work. (8) Any person employed on an intermittent, temporary, or part-time basis, unless the person is a member at the time he or she commences to serve on such a basis; or unless the appointing authority certifies to the Board of Administration that the person s employment is regular and continuous and will probably extend for at least one year and require service for at least one-half the time required of employees in the same group or class of service on a fulltime basis. (9) Any officer of the City elected for a fixed term who files a written declaration of his or her desire not to become a member of the System within 90 days next following the last day of the calendar month during which the first deduction on account of member contributions to the Retirement Fund is taken. When the declaration is filed, any contributions already taken attributable to the fixed term to which he or she was just elected, including interest thereon, shall be transferred to the officer's account with the Limited Term Retirement Plan and said officer shall have no right to benefits from the System for any periods for which such contributions were taken. Provided that any officer who has filed such declaration may revoke it in writing and, upon filing the revocation with the Board of Administration, shall become a member of the System. In addition to persons elected for a fixed term as an officer of the City, any person appointed to fill a vacancy in an elected office for a fixed term, whether for the full remainder of such term or any portion thereof, may choose not to become a member of the System as provided in this paragraph and shall be considered an elected official of the City for purposes of participation in the Limited Term Retirement Plan. Notwithstanding the foregoing, whenever any retired member of the System is elected as an officer of the City, he or she shall not re-enter membership in the System, but shall instead become a participant in the Limited Term Retirement Plan, during which time he or she shall continue to receive benefits as a retired member of the System. (10) Any person undergoing training who will become a member of the Fire and Police Pension Plan upon completion of training. (c) Notwithstanding the provisions of Subsections (a) and (b) of this Section, certain employees shall remain members of the Retirement System pursuant to the provisions of this Subsection. The Department of General Services is an Outside Agency as defined in Charter Section 1202(h). Members employed by the Department of General Services as sworn peace officer personnel, whose positions may be transferred to the Los Angeles Police Department (LAPD) pursuant to a merger of police services authorized by the City Council shall, at the time of the transfer, become Transferring Employees as defined in Charter Section 1202(i) and for purposes of this Subsection. The purpose of this Subsection is to provide these Transferring Employees with the benefits provided by the Retirement System, in lieu of the benefits provided by the Fire and Police Pension Plan, pursuant to the authority provided in Charter Section 1216(b)(1). Transferring Employees shall remain members of the Retirement System for so long as they continue in employment with the LAPD in any sworn position, except as otherwise provided in the following paragraph. In addition to continuing to be members during any period(s) of academy training required in connection with positions held at the time of the transfer, Transferring Employees shall continue to be members of the Retirement System during any period(s) of academy training required to qualify for employment in any other sworn position with the LAPD, provided that they have not opted out of membership as provided in the following paragraph. In the event that a Transferring Employee decides to transfer to a position with the LAPD that is not a sworn position transferred from the Department of General Services, such Transferring Employee may elect to opt out of membership in the Retirement System. In order to opt out of membership in the Retirement System, a member shall file a written opt out election form with the Retirement System, which election shall become effective on the date the Transferring Employee changes classifications and becomes eligible for membership in the Fire and Police Pension Plan or the Pension Savings Plan established in Chapter 16, Division 4 of this Code, as applicable. The Retirement System shall establish the period during which an opt out election form must be filed, which period shall be at least seven days in length and shall end not later than the day before the date the member is scheduled to change classifications; failure to file an opt out election form within the period established by the Retirement System shall constitute an irrevocable election not to opt out of membership in the Retirement System. A member shall have seven days from the date an opt out election form is filed to revoke his or her election, after which the election shall be irrevocable. Once an election has become irrevocable, it shall not be revoked for any reason by anyone, including the Board, except in the following circumstance: If a Transferring Employee who has opted out and changed classifications should for any reason subsequently revert to a position that was transferred from the Department of General Services, he or she shall be reinstated to membership in the Retirement System. The provisions of this paragraph allowing a member, under specified conditions, to opt out of membership shall expire two years from the effective date of this Subsection, although a member who timely files an opt out form prior to

198 expiration of the two-year period shall be allowed to opt out even if his or her classification changes after expiration of the two-year period. The Board shall not have any authority to waive or extend any time limitation set forth in this paragraph. Transferring Employees shall not become members of the Fire and Police Pension Plan except as provided in the preceding paragraph. In the event that a Transferring Employee should terminate employment and thus cease to be a member of the Retirement System, his or her status as a Transferring Employee shall terminate and shall not be reinstated in the event he or she should again enter City employment. Added by Ord. No. 173,349, Eff , Oper Amended by: Subsecs. (a) and (b)(9), Ord. No. 174,820, Eff ; Last Sentence of Second Para. of Subsec. (a) amended and Subsec. (b)(10) added, Ord. No. 177,214, Eff ; Subsecs. (a), (b)(8), (b)(9) and (b)(10), Ord. No. 182,196, Eff ; Subsec. (c) Added, Ord. No. 182,336, Eff Sec Establishment of Tier 2. All employees who become members of the Retirement System on or after July 1, 2013, shall become members of Tier 2, except as provided otherwise in Subsection (a) below. The benefits and conditions of entitlement for members belonging to Tier 2 shall differ, as provided in this Section and in Chapter 11 of Division 4, from the benefits and conditions of entitlement for employees whose membership in LACERS began prior to July 1, 2013 (who shall be referred to as members of Tier 1 for purposes of this Chapter and Chapter 11 of Division 4 of this Code). There shall be no exception to Tier 2 membership based upon Section , and Tier 2 members entitled to reciprocity under Section shall contribute at the rate provided in Tier 2, which is not related to age at entry. All citations herein are to provisions in this Chapter unless noted otherwise. (a) Exceptions to Tier 2 Membership. (1) Former Members with Contributions on Deposit. A former member who returns to membership in the Retirement System on or after July 1, 2013, shall return to membership in Tier 1 if he or she has pre-july 1, 2013, contributions that remain on deposit with the Retirement Fund on the date he or she re-enters City service. All former members who return to membership on or after July 1, 2013, without having pre-july 1, 2013, contributions on deposit shall become Tier 2 members. In the event a former member's pre-july 1, 2013, contributions have been forfeited to the Retirement Fund, he or she shall return to membership in Tier 1 provided that he or she is relieved from such forfeiture and said funds are returned to his or her individual account. Former members may not qualify for the exception provided in this paragraph by making back contributions or re-deposits of contributions after re-entry into City service. (2) Tier 1 Disability Retirees Returned to Employment. A Tier 1 disability retiree who is returned to City employment on or after July 1, 2013, as provided in Subsections (b) or (d), shall return to membership in Tier 1. (3) Reciprocal Retirement Benefit Arrangement. If an employee of the City's Department of Water and Power (DWP) participates in the reciprocal retirement benefit arrangement established in Section , he or she shall become a member of Tier 1 upon becoming a member of the Retirement System, rather than Tier 2, provided that his or her employment with the DWP commenced prior to July 1, 2013, and there is no break in service of more than seven calendar days, as provided in Section (2). This exception shall not apply if the member elects not to participate in the reciprocal retirement benefits arrangement, as provided in Subsection (5). (4) Limited Term Retirement Plan. An elected official who was a member of the Limited Term Retirement Plan (LTRP) on June 30, 2013, and subsequently becomes a member of the Retirement System shall become a member of Tier 1, rather than Tier 2, provided that his or her service as an elected official was continuous from June 30, 2013, until the date he or she became a member of the Retirement System and all of the funds in his or her individual account with the LTRP are transferred to his or her member account with the Retirement System pursuant to the provisions of Section (a)(3)(1). (b) Back Contributions and Re-Deposits of Contributions. Tier 2 members may make back contributions as provided in Section (a). If back contributions are paid for a period of employment prior to July 1, 2013, the contribution rate used in the payment calculation shall be the rate that the person would have paid if he or she had been a member of Tier 1 at that time. Tier 2 members may re-deposit previously withdrawn accumulated contributions as provided in Section (b). Neither making back contributions nor re-depositing previously withdrawn contributions shall allow a member to establish an earlier membership date for purposes of excluding him or her from membership in Tier 2. (c) Tier 2 Contributions. A member who belongs to Tier 2 shall contribute by salary deduction to the Retirement Fund at an actuarially determined rate sufficient to fund 75% of normal costs and 50% of any unfunded liability for Tier 2. The member contribution is paid solely for the purpose of providing benefits for the member and, unlike Tier 1, does not include a survivor contribution. The initial contribution rate for the first four years of Tier 2 shall be 10% of the compensation earnable for each member. The Board shall establish the Tier 2 member contribution rate every three years thereafter, with the first such determination to be effective July 1, 2017, for the following three years. The Board shall establish the member contribution rate as a percentage of compensation earnable for each member and the rate established shall be actuarially determined to be sufficient to fund 75% of normal costs and 50% of any unfunded liability for Tier 2. The City contribution shall be determined annually by the Board in a percentage that, when combined with the member contribution, is sufficient to fully meet the actuarial funding requirements. For purposes of this Section:

199 - member contributions shall be credited to each member's individual account and no portion of a member's contribution shall be paid into the 401(h) account; - member contributions are subject to the provisions of Charter Section 1162, including the right to be credited with interest; - compensation earnable shall consist of base salary and shall not include any bonuses or premium pay; - normal costs and unfunded liability shall include costs associated with funding the Retirement Fund's 401(h) account for purposes of establishing the member contribution rate except that, if for any reason the determination of the member contribution rate at the time of an adjustment results in a member contribution rate that exceeds the amount necessary to fund 100% of normal costs and unfunded liability excluding all costs associated with funding the 401(h) account, then the member's contribution rate shall be reduced accordingly to assure that no part of a member contribution is used to fund the 401(h) account since, if member contributions were paid into the 401(h) account, these contributions would become non-refundable and could not be paid on a pre-tax basis pursuant to Chapter 15 of this Code; - the unfunded liability used to determine rate adjustments shall be based upon the average of the last three years' amortization payments toward the unfunded liability for Tier 2 as determined by the Board's actuary; - the normal costs used to determine rate adjustments shall be based upon the average of the last three years' normal costs for Tier 2 as determined by the Board's actuary. The provisions of Section shall not apply to members of Tier 2 unless a member is making back contributions for a period of City employment prior to July 1, Notwithstanding the provisions of this section, the City Council shall have the discretionary right to adopt an ordinance to temporarily reduce the member contribution rate for a period not to exceed three years. Members of Tier 2 shall not obtain any vested right to a lower contribution rate on account of any such reduction. Further, the Council explicitly retains the right to amend this Code by ordinance to delete this provision. Any ordinance adopted pursuant to this paragraph shall be adopted in the same manner as provided in Charter Section (d) Final Compensation. The provisions regarding final compensation contained in Section shall apply to Tier 2 members except that: (1) Compensation which is to be included in final compensation for all Tier 2 purposes shall be limited to base salary and shall not include any bonuses or premium pay. (2) Final compensation for all Tier 2 purposes shall be calculated as an average of the monthly compensation paid during the member's last 36 months of service or any other 36 consecutive months of service which the member shall designate. Any references in this Chapter to a 12-month period related to final compensation shall be deemed to refer to 36 months for Tier 2 members. Since employees are paid on a bi-weekly basis, rather than a monthly basis, the Board shall adopt appropriate rules to convert a member's bi-weekly compensation into an amount that represents the member's equivalent compensation for the 36 month period that is to be used to determine final compensation pursuant to this provision. If for any reason final compensation must be computed for any member who has completed less than 36 months of continuous service, the salary for the missing months shall be at the rate for the first month of service to arrive at the compensation earnable; this exception shall not apply if a member has any period of continuous service of 36 months or more for which he or she will receive service credit. (e) Service Retirement for Employees. (1) Normal Retirement. A Tier 2 member with ten or more years of continuous City service shall be eligible to retire after reaching age 65 with a retirement factor of 2%. A Tier 2 member shall be eligible to retire at age 70 or older, regardless of length of City service, with a retirement factor of 2%. (2) Early Retirement. A Tier 2 member with ten or more years of continuous City service shall be eligible to retire after reaching age 55 with the following retirement factor based upon his or her age: Age Retirement Factor % % % % % % % % % % % %

200 % % % % % % % % % % % % % % % % % % % % % % % % % % % % (3) A Tier 2 member who is eligible for normal or early retirement may file a service retirement application with the Board of Administration specifying a retirement date. The application shall be filed not less than thirty or more than sixty days prior to the requested retirement date. In the event a member has been notified by the City that he or she will be laid off, the application may be filed less than thirty days in advance and shall be accepted provided it is filed with the Board while the member is still employed, specifies a retirement date prior to the member's termination, and shall not be effective earlier than the date on which it is filed. The thirty day advance filing requirement shall not apply if the City has adopted a Resolution of Fiscal Emergency that is in effect and the Mayor has notified the System in writing that the City's fiscal condition warrants a waiver of the advance filing requirement for a 90 day period from the date of such notification, provided that the application shall not be effective earlier than the date on which it is filed. So long as the Resolution of Fiscal Emergency remains in effect, the Mayor may extend a waiver of the advance filing requirement in successive periods of 90 days each by written notification from the Mayor to the System. (f) Service Retirement for Terminated Employees (Deferred Retirement). A Tier 2 member who terminates City employment other than by retirement may leave his or her contributions in the Retirement Fund. Such former member's individual account shall be credited with regular interest in the same manner as applies to a member's individual account. In order to become eligible for a deferred service retirement from Tier 2, a former member whose contributions remain in the Retirement Fund must have: (1) Five years of continuous City service, be age 55 or older, and ten years must have elapsed since he or she first became a member; or (2) Five years of continuous City service and be age 70 or older; or (3) Been a part-time employee, be age 55 or older, and ten years must have elapsed since he or she first became a member; or (4) Been a part-time employee and be age 70 or older. A former member of Tier 2 who is eligible for a deferred service retirement must notify the Retirement System in writing when he or she wants to retire and shall then be retired with the retirement factor attributable to his or her age as provided in Subsection (e)(2)(a)-(j), if age 55 through 64, or with a retirement factor of 2% if age 65 or older, provided that the date of his or her retirement may not be earlier than the date that the written notification is received by the System. (g) Service Retirement Allowance. Members of Tier 2 shall not qualify for a Beta Formula retirement, but shall receive a Tier 2 Formula retirement when retired on a service retirement allowance. The service retirement allowance for a person who is eligible to retire under either Subsection (e) or (f) herein shall be determined pursuant to the following Tier 2 Formula: retirement factor (multiplied by) City service credit (multiplied by) final compensation (equals) service retirement allowance.

201 Each service retirement allowance shall be allocated between the following two components: (1) An annuity which shall be the actuarial equivalent of the retiree's accumulated contributions at the time of retirement (excluding any additional contributions paid to provide a larger annuity at the time of retirement), calculated in accordance with approved actuarial methods as of the date of retirement; and (2) A pension, in the amount of the remaining balance, payable to the retiree on account of his or her service. However, if the Tier 2 member who is retiring had previously been on disability retirement, his or her retirement allowance shall be reduced by an amount equal to the annuity which the total of the disability annuity payments made to him or her would have provided had they still been part of his or her accumulated contributions at the time of his or her service retirement unless, upon returning to service from disability retirement, a member elected, as provided by Board rule, to make additional contributions in order to restore part or all of his or her annuity. In no event shall any Tier 2 retirement allowance exceed 75% of final compensation, except where the allowance is based solely upon the annuity component funded by the retiree's accumulated contributions and thus does not include a pension component. Further, all Internal Revenue Code limitations set forth in Section shall be applicable to benefits payable under Tier 2. In addition, Tier 2 members shall not be entitled to the payment of benefits to the extent such benefits are reduced by the limitations on benefits imposed by Section 415 of the Internal Revenue Code. Notwithstanding the provisions of Section of this Code, Tier 2 members shall not be eligible to participate in the Excess Benefit Plan established in Section The 75% of final compensation limitation upon the retirement allowance set forth above, which is subject to one exception as noted, shall apply to the member's retirement allowance prior to any adjustments that may be required as a result of the purchase of an additional annuity, the provision for a continuance to a survivor, or any other election authorized in this Chapter. (h) Disability Retirement. A Tier 2 member shall be eligible for disability retirement benefits as provided in Section A Tier 2 member who is retired due to disability and is subsequently returned to city employment, as provided in Subsection (b) or (c) of Section , shall return to membership in Tier 2. (i) Cost of Living Adjustments. A Tier 2 member who is retired for disability or service shall be eligible for annual cost of living adjustments after his or her retirement date. A survivor of a Tier 2 retiree shall be eligible for annual cost of living adjustments after the date of the retiree's death if he or she is receiving a monthly benefit from the System. A survivor of a Tier 2 member who died prior to retirement shall be eligible for annual cost of living adjustments after the date of the member's death if he or she is receiving a monthly benefit from the System other than those provided in Section (a)(2) or Section Cost of living adjustments for Tier 2 benefits shall be determined in the same manner as provided in Section except that annual adjustments shall not exceed 2% and cost of living adjustments in excess of 2% shall not be carried over to another year. The Board shall adopt rules to allow a member of Tier 2 to purchase additional COLA coverage, not to exceed an additional 1% per year, provided that the member shall pay the full actuarial cost for this additional benefit. If a retiree has purchased an additional annuity, the additional COLA coverage shall not apply to the additional annuity unless the member has paid the full actuarial cost to extend the additional COLA coverage to include the additional annuity benefit. (j) Death Benefits. Members of Tier 2 do not pay a survivor contribution for the purpose of providing benefits to a surviving spouse or domestic partner. The provisions in Chapter 10 providing for the payment of benefits upon the death of a member, former member, or retiree shall not apply to Tier 2 except as provided otherwise in this section. The only benefits payable from the Retirement Fund upon the death of a Tier 2 retiree shall be the benefits provided in Subsections (b) and (c) of Section unless the retiree elected at the time of retirement to take a reduced allowance in order to provide for a continuance pursuant to the provisions of either Section or Section With regard to the benefit provided in Section (c), since the purpose of this benefit is to provide a funeral allowance for the deceased retiree, the payment of this benefit from Tier 2 shall be made to only one person whom the retiree may designate to receive this payment for its intended purposes, provided that the Retirement System shall have no responsibility to assure that this payment is used for that purpose. If the decedent has no beneficiary designated to receive the funeral allowance, the funeral allowance for a Tier 2 retiree shall be paid to the surviving spouse of such decedent or, if none, to the executor or administrator of the estate of the decedent or to any other person or legal entity legally authorized to receive money due said decedent. The only benefits payable from the Retirement Fund upon the death of a Tier 2 member prior to retirement shall be the benefits provided in Subsection (a) of Section unless the Tier 2 member was a participant in the Family Death Benefit Insurance Plan (FDBIP) at the time of his or her death. FDBIP benefits shall be paid as authorized in Section in addition to any benefits that are payable pursuant to Section (a)(1) and (2), but if any person elects to receive an optional retirement allowance as provided in Section (a)(3), then no FDBIP benefits shall be paid. The only benefits payable from the Retirement Fund upon the death of a former member of Tier 2 whose contributions remain on deposit in the Fund at the time of his or her death shall be a refund of his or her accumulated contributions. The accumulated contributions shall be paid in the manner specified in Section (a)(1). For purposes of this section, former member shall be defined as provided in Section (c). A former member who has established reciprocity with another retirement system shall be limited to the rights provided in this paragraph if he or she dies prior to retirement. (k) Purchase of Service. Members of Tier 2 may buy back credit for periods of uncompensated leave from City service under Section Members of Tier 2 may purchase service credit under Section with the following limitations and modifications:

202 (1) Purchase of service credit shall be limited to a total of four years. (2) The cost to purchase service credit shall not be determined under the provisions set forth in Section , but shall be determined as follows: The member's contribution rate shall be combined with the "City Contribution Rate" (as defined below) to establish the total percent of the member's compensation, at the time of purchase, that is to be paid for the total length of the period of service credit (not to exceed four years) that the member agrees to purchase. Compensation as used in this Subsection shall refer to the member's compensation earnable, as defined in Subsection (c) herein, at the time of purchase. As an example, assuming the member's compensation at the time of purchase is $100,000 per year, the member's contribution rate is 10%, the City Contribution Rate is 20%, and the period of service credit to be purchased is two years, the cost would be determined as follows: The 10% member contribution rate plus the 20% City Contribution Rate results in a total contribution rate of 30%. Thus, to purchase two years of service credit would cost the member a total of $60,000 (30% of the member's $100,000 compensation for each year of service purchased). The "City Contribution Rate" shall be the average annual percent of payroll contributed by the City to the Retirement Fund (excluding contributions allocated to fund the 401(h) account) for Tier 2 based upon the City's payments for the seven years prior to the time of purchase. For the first seven years commencing January 1, 2013, this rate shall be computed upon the City's average annual percentage of payroll contributions to Tier 2, with the rate for any missing year(s) based upon the average of the annual rate(s) for the prior year(s). (3) A written purchase agreement shall be entered into with the member. Payment may be made either as a lump sum or by payroll deduction on a post-tax basis. Should the member elect to purchase service credit through payroll deduction, annual interest at a rate determined by the Board and set at the commencement of the agreement shall be charged. The Board may establish a minimum biweekly payroll deduction and rules regarding the rollover of funds to pay for purchases. (4) Purchased service credit shall only count for purposes of calculating the member's service retirement allowance. Purchased service credit shall not count toward establishing the minimum ten years of continuous service required to qualify for retirement under Subsection (e), the minimum five years of continuous service required to qualify for retirement under Subsection (f), or the minimum ten years of continuous service required to qualify for disability retirement. Further, purchased service credit shall not count as service or service credit for purpose of qualifying for any benefits provided in Chapter 11 of Division 4 of this Code. (5) In the event that the member dies prior to retirement, the funds paid for this purchase shall be considered to be a part of the member's accumulated contributions and shall be refunded accordingly, with interest thereon computed at the rate applicable to regular member contributions. (6) Because purchased service credit does not count towards disability benefits, at the time of his or her disability retirement the member may elect either to receive a refund of the funds paid for this purchase, including interest thereon, or to apply these funds to purchase a larger annuity. (7) In the event part or all of the purchased service credit at the time of retirement would cause the member's service retirement allowance to exceed 75% of final compensation, the purchase cost attributable to any excess service credit that may not be used in the retirement formula, including interest thereon, shall be refunded or may be applied by the member to purchase a larger annuity if doing so does not cause the retirement allowance to exceed any federal limitations that may apply. (8) The Board shall have the full authority granted in Subsection (j) to administer the provisions of Section as amended herein. Added by Ord. No. 182,296, Eff Sec Board of Administration Determinations. If it shall be impracticable for the Board to determine from the records the length of service, the compensation, either final or earnable, or the age of any member, the said Board may estimate, for all purposes of this chapter, such length of service, compensation, or age. It shall determine and fix the amount of service rendered which shall be the equivalent of a year of service, provided that not more than one year of service shall be credited for all services rendered during any one year. In all cases where compensation of any member consists, in part, of payment for the use of equipment owned and operated by such member personally, the Board of Administration shall fix and determine, for all purposes of this chapter, a compensation for the personal service of such member, which shall be in keeping with the salary or wage paid by said City for comparable service, and the compensation so fixed by the Board shall be the basis, and the only basis, for the calculation of the contributions of such member and any and all benefits provided for in this chapter. Each member shall file with said Board such information affecting his or her status as a member of said Retirement System, as said Board may require, and the administrative head of each department of the City government shall furnish to said Board such information relative to any member, and the member s status, as it may request.

203 Added by Ord. No. 173,349, Eff , Oper Sec Unclaimed Benefits Revert to the Retirement Fund. Any benefit payable from the Retirement System that is not claimed shall revert to the Retirement Fund. Unless there is a different claim period specified elsewhere in this Chapter, benefits payable from the Retirement System must be claimed within one year. If the person entitled to a benefit is a minor, the period in which to claim the benefit shall be tolled until he or she attains age 18. In the event that a beneficiary is entitled to a benefit from the Retirement System but payment cannot be made for any reason, such as the beneficiary's failure to cooperate, where the beneficiary's whereabouts is unknown or where a beneficiary has failed to cash an outstanding check within such reasonable time period as established by Board rule, and the Retirement System has followed Internal Revenue Service procedures to locate the beneficiary, the funds due to the beneficiary shall be forfeited to the Retirement Fund provided that a beneficiary shall be relieved from such forfeiture upon receipt of a request from him or her, or anyone authorized to act on his or her behalf. Added by Ord. No. 182,196, Eff Sec Final Compensation. Wherever the phrase Final Compensation is used in this chapter, it shall, unless a different meaning is clearly indicated by the context, have the following meaning: The final compensation of every member, on or after the operative date of this section, shall be calculated upon an annual compensation earnable of the member during his or her last twelve (12) months of service or during any other twelve (12) consecutive months of service which he or she shall designate. Compensation which is to be included in Final Compensation shall be limited to base salary and regularly assigned bonuses or premium pay. Payments of money to be included in the calculation of Final Compensation are limited, prior to July 1, 2000, to payments designated as salary by an ordinance of the City or, effective July 1, 2000, to payments designated as salary by an ordinance of the City or a memorandum of understanding; all other payments of money not so designated shall not be included in the calculation of Final Compensation. Compensation which shall not be included in the calculation of Final Compensation shall include, but not be limited to, overtime, daily and other non-regularly assigned bonuses, reimbursements, car allowances, uniform allowances, payments in lieu of benefits or cash-out of benefits and other forms of compensation. With respect to an employee who begins membership in the Los Angeles City Employees Retirement System after June 30, 1996, compensation taken into account in any Plan year may not exceed the annual compensation limits established under Internal Revenue Code Section 401(a)(17), as adjusted for increases in the cost of living in accordance with Internal Revenue Code Section 401(a)(17)(B). Added by Ord. No. 144,470, Eff Amended by: Third Para. added by Ord. No. 171,145, Eff ; In Entirety, Ord. No. 172,808, Eff ; First, Second and Fourth Paras., Ord. No. 173,237, Eff , Oper ; Fourth Para., Ord. No. 174,820, Eff ; Second Para., Ord. No. 182,196, Eff Sec Waiver of Benefits. Each beneficiary, as defined in Charter Section 1152, shall have the right, at any time, to waive payment of the whole or any portion of any benefit whatsoever or of any increase in the amount of any benefit which is or shall become payable to him or her pursuant to any provision of this chapter and may waive payment thereof forever or for a definite or indefinite period of time. Any such waiver shall be in writing, shall be filed with the Board of Administration and shall be effective as of the first day of the month following the month in which it shall be filed. Each beneficiary who shall make and file such a waiver shall have the right, at any time, to cancel the same. Any such cancellation shall be in writing, shall be filed with the Board of Administration and shall be effective as of the first day of the month following the month in which it shall be filed. Any such waiver shall constitute a complete release, discharge and acquittance of the City of Los Angeles and the Board of Administration from any and all liability to pay any amount or amounts of any benefits which shall be waived by any such beneficiary. Added by Ord. No. 173,349, Eff , Oper Sec Operative Dates of Certain Sections of This Chapter. Sections , , , , and of this chapter shall become operative on the first day of the payroll period during which the ordinance adopting said sections becomes effective.

204 Added by Ord. No. 147,686. Eff Sec Members of the System. Added by Ord. No. 166,930, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Service Retirement Allowance (a) A member who has reached the age of seventy (70) years or more, regardless of length of City service, shall be retired upon filing with the Board of Administration his or her written application therefor designating therein the date upon which such retirement shall be effective, which date shall be not less than thirty (30) nor more than sixty (60) days from and after the filing of such application. Any member who shall have completed ten (10) or more years of continuous service shall be retired at any time after attaining age sixty (60), upon said member filing with the Board of Administration a written application therefor designating therein the date upon which such retirement shall be effective, which date shall be not less than thirty (30) nor more than sixty (60) days from and after the filing of such application; provided, that any member who has completed the minimum number of years of service entitling him or her to retire, as herein set forth, and who has attained age fifty-five (55) or has completed thirty (30) or more years of service regardless of age, may elect to retire and be paid a retirement allowance which shall be equal to the amount which shall remain after the full retirement allowance which would be payable to the member if he or she had then attained age sixty (60) shall have been reduced by reference to the sections in this chapter providing for the Computation of Allowances in Case of Early Retirement. Application for such earlier retirement shall be made in the same manner as that hereinabove provided for regular service retirement. Any person whose membership has heretofore been terminated or any member whose membership may hereafter be terminated prior to completing five years of continuous service may have his or her accumulated contributions refunded as provided in Section of this chapter. Any person whose membership has heretofore been terminated or any member whose membership may hereafter be terminated, for any reason, after the member has completed five or more years of continuous service, may have his or her accumulated contributions refunded as provided in Section or may leave his or her accumulated contributions in the Retirement Fund and thereafter be paid a retirement allowance, based upon his or her accumulated contributions and his or her service as of the date his or her membership was terminated, upon notifying the Retirement System in writing that he or she wants to retire, provided that the date of retirement may not be earlier than the date the written notification is received by the Retirement System and that he or she qualifies for retirement under one of the deferred retirement provisions set forth below: (1) Full retirement. He or she may apply to retire with a retirement allowance calculated in accordance with the provisions of Subsection (b) of this section either at any time after attaining age 60, provided at least ten years have elapsed since he or she first became a member, or at any time after attaining age 70. (2) Early retirement. At any time after attaining age 55, he or she may retire with a retirement allowance equal to the amount which shall remain after the full retirement allowance which would be payable to the person if he or she then had attained age 60 shall have been reduced as provided in Section of this Chapter, provided either that at least ten years have elapsed since he or she first became a member or that he or she has at least ten years of continuous service. However, any person who has been a member while employed for any period of time as a part-time employee, whose membership terminates for any reason on or after October 18, 1992 and who has less than five years of continuous service, may leave his or her accumulated contributions in the Retirement Fund and elect to retire by notifying the Retirement System, as provided above, and qualifying for retirement under one of the aforesaid deferred retirement provisions provided at least ten years must have elapsed since he or she first became a member. The foregoing provisions shall not operate so as to increase or decrease the retirement allowance of any person retired prior to December 5, (b) Computation of service retirement allowances. Anyone retired on account of service pursuant to this Section shall receive a retirement allowance calculated as provided in Section of this Chapter. (c) A member who is eligible to retire pursuant to the first paragraph of subsection (a) herein, may file for retirement less than thirty days in advance, provided that the application shall not be effective earlier than the date on which it is filed, in either of the following situations: (1) Whenever a member has received a layoff notice; or (2) For a period of 90 days following the effective date of this Subsection. The right of members to file to retire as provided in this subsection (c) paragraph (2) may be extended in successive periods of 90 days each by written notification from the Mayor to LACERS, so long as the Resolution of Fiscal Emergency adopted by the City Council on May 18, 2009 (Council File No S8) and currently in effect continues in effect, as amended or revised from time to time, and the Mayor determines that the City's fiscal condition so warrants.

205 The provisions of this subsection shall not apply to anyone who is retiring under Section , the Early Retirement Incentive Program. Added by Ord. No. 144,470, Eff ; Amended by: Ord. No. 148,239, Eff ; Ord. No. 173,349, Eff , Oper ; Subsec. (c) Added, Ord. No. 181,130, Eff ; Subsecs. (a) and (b), Ord. No. 182,196, Eff Sec Service Retirement; Modification of Provisions Governing Members 70 Years of Age or Older. Added by Ord. No. 162,346, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Entitlement to Receive Beta Formula Service Credit. Members of the Los Angeles City Employees' Retirement System shall be entitled to Beta Formula Service Credit for all City service. Added by Ord. No. 147,686, Eff Amended by: Ord. No. 148,778, Eff , Ord. No. 169,049, Eff ; Subsecs. (a), (b), (c) and (d), Ord. No. 173,237, Eff , Oper ; Title and Section In Entirety, Ord. No. 182,196, Eff Sec Beta Formula for the Calculation of Service Retirement Allowances. (a) Any person or member who retires pursuant to the provisions of Section and is entitled to Beta Formula Service shall receive a retirement allowance calculated pursuant to the following Beta Formula: 2.16 percent (.0216) of his or her Final Compensation, calculated as of the date of retirement, multiplied by the number of years and parts thereof of his or her Beta Formula Service Credit, subject to applicable adjustments as provided below. Each retirement allowance as so calculated shall be allocated between the following two components: an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement (excluding any additional contributions paid to provide a larger annuity at the time of retirement), calculated in accordance with approved actuarial methods as of the date of retirement; and a pension, in the amount of the remaining balance, payable to the retiree on account of his or her service. The retirement allowance as so calculated shall be subject to the following adjustments, if applicable: (1) For early retirement, the adjustment provided in Section of this Chapter. (2) If he or she had been on disability retirement, the retiree's service retirement allowance shall be reduced by an amount equal to the annuity which the total of the disability annuity payments made to him or her would have provided had they still been part of his or her accumulated contributions at the time of retirement. (3) If he or she received any minimum distribution required by the Internal Revenue Code, the retiree's service retirement allowance shall be subject to adjustment as provided in rules to be adopted by the Board of Administration. (4) He or she may be entitled to a minimum pension of 50% of the amount determined pursuant to the aforesaid Beta Formula. (The annuity portion of the retirement allowance shall not be changed as a result of the testing required in this provision.) This testing uses the retiree's Beta Formula entitlement and the pension and annuity entitlement amounts, as calculated above, provided that such shall be adjusted, if applicable, to: (i) exclude Beta Formula Service Credit purchased under Sections and and the annuity calculation shall likewise exclude accumulated contributions attributable to these purchases; and (ii) the annuity calculation, for members who made back contributions under either Section (a)(2) or Section (a)(3), shall exclude accumulated contributions in the person's account which are attributable to matching contributions paid by the City in the prior plan. The purpose of this testing is to determine if, absent such purchases or matching City contributions, the pension would have required an increase to provide a minimum pension of 50% of the amount of the retiree's Beta Formula entitlement. If such test determines that an adjustment is in order, the pension portion of his or her retirement allowance shall be increased by the same amount as the increase that the test determined would be necessary to provide a minimum pension of 50% and the total retirement allowance payable shall be increased accordingly (with the annuity portion remaining unchanged). (b) Service retirement allowances granted pursuant to Subsection (a) of this section may never exceed a member s Final Compensation. Added by Ord. No. 147,686, Eff

206 Amended by: Subsec. (a), Ord. No. 173,237, Eff , Oper ; Subsec. (b) repealed, Ord. No. 173,237, Eff , Oper ; Subsec. (b) added, Ord. No. 175,767, Eff ; Subsec. (a), Ord. No. 182,196, Eff Sec Computation of Allowances Based on Service Credit Under Section and Section of This Chapter. Added by Ord. No. 147,686, Eff Amended by: Para. (2), Ord. No. 173,237, Eff , Oper Repealed by Ord. No. 182,196, Eff Sec Service Credit for Accrued Vacation Time in Case of Death; Service Credit to Relate Back to the Date a Member Entered City Service. (a) Service Credit for Accrued Vacation Time in Case of Death. Whenever a member of the Los Angeles City Employees Retirement System shall die while in City service, leaving a survivor who would be eligible to receive the benefits provided in Section (a)(3) of this chapter if the deceased member had been eligible, at the time of his or her death, to retire on a service pension if such member s vacation time accrued immediately preceding the day of death pursuant to Article 1, Chapter 6, Division 4 of the Los Angeles Administrative Code or any applicable memorandum of understanding would have been added to his or her years of service, the accrued vacation time of the deceased member or any necessary portion thereof shall be added to such member s total years of service. The benefit herein created shall be available at the option of the eligible survivor of the deceased member. Accrued vacation time of a deceased former member may only be utilized for purposes of establishing eligibility to the survivorship benefits to which this subsection refers and may not be used to create or affect other retirement rights provided in the City Charter or the Los Angeles Administrative Code. (b) Members Service Credit to Relate Back to the Date a Member Entered City Service. A member of the Los Angeles City Employees Retirement System shall be entitled, at the time of death or retirement, to receive credit for his or her years of service from the dates such member entered employment by the City of Los Angeles in a capacity that would entitle him or her to membership in the Los Angeles City Employees Retirement System. Added by Ord. No. 156,392, Eff Amended by: Subsecs. (a) and (b), Ord. No. 173,237, Eff , Oper ; Ord. No. 182,196, Eff Sec Elimination of the Requirement That Members of the City Employees Retirement System Contribute an Amount Sufficient to Provide a Specific Annuity. Added by Ord. No. 153,827, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Rate of Contribution of the City Employees Retirement System to the Retirement Fund. Added by Ord. No. 144,470, Eff Amended by: Ord. No. 153,827, Eff ; Subsecs. (a) and (b), Ord. No. 173,237, Eff , Oper Repealed by Ord. No. 182,196, Eff Sec Rate of Contribution of Members of the Los Angeles City Employees Retirement System Entitled to the Beta Formula Provided in Subsection (a) of Section Added by Ord. No. 147,686, Eff Amended by: Ord. No. 153,827, Eff ; Subsec. (a), Ord. No. 173,237, Eff , Oper ; Subsec. (b) repealed by Ord. No. 173,237, Eff , Oper ; Subsec. (b) added, Ord. No. 174,820, Eff Repealed by Ord. No. 182,196, Eff Sec Prior Defrayal of Certain Members' Contributions. (a) Prior to the adoption of Section , the former terms of this Section allowed certain members to have their age-based contributions to the Retirement System reduced by a defrayal in which the City or the member's employing department paid contributions sufficient to equal the amount by which the employee contributions were reduced, subject to certain discounts.

207 (b) The defrayal of contributions that was previously authorized under this Section required the City Council and the boards of commissioners of those departments controlling their own funds to provide necessary funding therefor. (c) When a member's contributions have been reduced by defrayal under the former terms of this Section, the following conditions shall continue to apply: (1) Funds paid or otherwise made available to the Retirement Fund pursuant to the former provisions of this Section shall not be credited to the members' individual accounts nor shall such funds be refundable to any member, former member or beneficiary of a former member; and such funds shall not be included in the calculation of any annuity representing the actuarial equivalent of accumulated contributions wherever the provisions of this Code require such calculation. (2) Amounts defrayed by the City and paid or otherwise made available to the Retirement Fund shall not be returned to any funds of the City from which they were appropriated except to adjust for incorrect payments. (3) Defrayal of employee contributions by the City shall not apply to or affect the amount of a member's liability for back contributions, Family Death Benefit Insurance Plan contributions, additional contributions towards a Larger Annuity, or redeposits of formerly withdrawn contributions, provided however, that redeposits of a member's contributions, withdrawn during or after any period of City service for which the City of Los Angeles defrayed any portion of the member's contributions, shall not include the amounts so defrayed. If a member's liability for back contributions involves any period in which the member would have been obligated, under former Section or , to make age-based contributions, the member's liability for back contributions shall be computed based upon the applicable provisions of former Sections or (4) Any amounts of employees' contributions defrayed by the City shall not be includable in the determination of "Compensation Earnable" or "Final Compensation". (d) Pursuant to the provisions of Section (a)(9)(ii), the defrayal of contributions for members that was previously authorized in this Section terminated on November 7, 2009, and all members whose contributions were previously being defrayed under this Section, beginning November 8, 2009, shall contribute by salary deduction to the Retirement Fund at the appropriate rate as provided in Section of this Chapter. Added by Ord. No. 147,686, Eff Amended by: Subsec. (a), Subsec. (c) Paras. (1), (2) and (5), Ord. No. 173,237, Eff , Oper ; Title and Section In Entirety, Ord. No. 182,196, Eff Sec Contribution Rate for Members. (a) Beginning November 8, 2009, all members of the Los Angeles City Employees' Retirement System (Retirement System) shall contribute by salary deduction to the Retirement Fund at the rate of 6% of the member's compensation earnable, of which 0.5% shall be the survivor contribution portion. (b) Pursuant to the provisions of Section (a)(9) of this Code, commencing on July 1, 2011, and ending on June 30, 2026 or when the ERIP Cost Obligation is fully paid, whichever comes first, in lieu of contributing as provided in Subsection (a) above, all members of the Retirement System shall contribute by salary deduction to the Retirement Fund at the rate of 7% of the amount of the member's compensation earnable, of which 0.5% shall be the survivor contribution portion. (c) In addition to the contributions required pursuant to Subsection (a) or (b) herein, as applicable, certain members shall make additional contributions to the Retirement Fund as provided herein. In consideration for such additional contributions, these members shall receive the benefit set forth in Section of this Code. The City Administrative Officer shall notify the Retirement System and the Controller of the specific Memoranda of Understanding (MOUs) which require members to contribute as provided herein and shall also provide the Retirement System and Controller with the names of all members who are nonrepresented employees, including elected officials. Because the benefit conferred by Section of this Code is a vested benefit, a member who is employed in a position requiring the payment of additional contributions to the Retirement Fund as provided in this Subsection shall continue to make additional contributions to the Retirement Fund for so long as he or she is a member, notwithstanding that he or she may subsequently transfer to a position that does not require the payment of the additional contributions. 1. Members subject to specific MOUs shall contribute by salary deduction to the Retirement Fund an additional two percent (2%) of the member's compensation earnable retroactive to April 24, 2011, and ongoing; further, such members shall contribute by salary deduction to the Retirement Fund an additional two percent (2%) of the member's compensation earnable commencing on July 1, 2011, and ongoing, for a total additional contribution of four percent (4%) effective July 1, 2011, and ongoing. 2. Members subject to other specific MOUs shall contribute by salary deduction to the Retirement Fund an additional four percent (4%) of the member's compensation earnable retroactive to July 1, 2011, and ongoing. 3. Members who are subject to other specific MOUs and members who are non-represented employees, including elected officials, shall contribute by salary deduction to the Retirement Fund an additional two percent (2%) of the member's compensation earnable retroactive to July 1, 2011, and ongoing; further such members shall contribute by salary deduction to the Retirement Fund an additional two percent (2%) of the member's compensation earnable

208 commencing on January 1, 2013, and ongoing, for a total additional contribution of four percent (4%) effective January 1, 2013, and ongoing. (d) All contributions paid pursuant to this Section shall be deposited in each member's individual account as provided in Charter Section The City shall pick up all employee contributions payable by salary deduction pursuant to this Section as provided in Sections through of this Code. Added by Ord. No. 157,226, Eff , Oper Amended by: Subsec (a) First and Second Paras., Subsecs. (b) and (c), Ord. No. 173,237, Eff , Oper ; Title and Section in Entirety, Ord. No. 181,734, Eff ; Subsec. (c), Ord. No. 181,892, Eff Sec Larger Annuity Program. The Board of Administration shall, by rule, provide for the making of additional contributions to provide a larger annuity benefit at the time of retirement. A member shall not be permitted to make such additional contributions, however, if doing so would cause his or her benefits to exceed the Internal Revenue Code limitations referenced in Section of this Chapter. All larger annuity benefits funded by the making of additional contributions, as authorized in this Section, shall be determined by the actuary to be cost-neutral. Solely for the purpose of making additional contributions to provide a larger annuity benefit at the time of retirement, the Board of Administration may accept, subject to any limitations imposed by federal law, a direct rollover distribution of funds from the City of Los Angeles 457 Deferred Compensation Plan after the date of the member's retirement provided that: the member's application to purchase a larger annuity benefit is received prior to the effective date of the member's retirement, the member prior to his or her retirement shall have provided the Deferred Compensation Plan with the written authorization that is required for funds to be transferred to LACERS immediately after his or her retirement, the rollover is completed as soon as administratively feasible, and the larger annuity benefit is not payable to the member until after the funds have been received. The Board of Administration shall have the authority to adopt all rules necessary to administer the larger annuity program within the constraints established in this Subsection, including the authority to establish a deadline for the receipt of the rollover funds, after which the member's application shall be deemed denied. Added by Ord. No. 174,820, Eff Amended by: In Entirety, Ord. No. 175,092, Eff ; Title and Section In Entirety, Ord. No. 182,196, Eff Sec Crediting of Interest on Members Contributions in the Retirement Fund. Added by Ord. No. 151,860, Eff , Oper Repealed by Ord. No. 173,237, Eff , Oper Sec Monthly Crediting of Interest on Members Contributions in the Retirement Fund. Added by Ord. No. 171,410, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Early Retirement Incentive Program. (a) Wherever "ERIP" is used in this chapter, it shall refer to the Early Retirement Incentive Program. Subject to the provisions and limitations set forth herein, an active City employee who is a member of the Los Angeles City Employees' Retirement System (LACERS) may be retired from the service of the City with the ERIP benefits set forth herein, provided that the LACERS member meets all of the requirements set forth herein to be eligible for retiring under the ERIP, and provided that his or her completed ERIP Election Form is received in the City Administrative Officer (CAO)'s office within the 45-day ERIP window period defined herein (ERIP Eligible Filers). Also subject to the provisions and limitations set forth herein, a City retiree who was an active LACERS member may receive the ERIP benefits set forth herein, provided that he or she retired on or after June 26, 2009, but prior to the ERIP Beginning Date defined herein, and he or she meets all of the requirements set forth herein to be eligible to receive the ERIP benefits as contemplated in the June 26, 2009, Council motion (Council File ) ("Grandfathered Participant", further defined below in Section (a)(4)(i)). The 45-day ERIP window period shall begin on this ordinance's effective date (ERIP Beginning Date) and end on the 45th day thereafter unless that 45th day falls on a weekend or a City holiday, in which case it shall end on the next day that is not a weekend or a City holiday (ERIP Ending Date). The ERIP Ending Date shall be included in the ERIP window period, so that the CAO's office shall continue to receive completed ERIP Election Forms until close of business on the ERIP Ending Date. The CAO's office shall establish the rules and procedures for receiving a completed ERIP Election Form, including what constitutes a completed ERIP Election Form and what constitutes the date and time the form was received by the CAO's office. In order for the ERIP to meet its goal of assisting with the City's financial situation while minimizing the impact on City services, the following provisions and limitations shall apply to the ERIP:

209 (1) Only LACERS members currently in an employed status with the City on the ERIP Beginning Date shall be eligible to submit an ERIP Election Form. LACERS members in a terminated status shall not be eligible to submit an ERIP Election Form. Former City employees, including but not limited to deferred vested former City employees, shall not be eligible to submit an ERIP Election Form. In addition, only persons belonging to at least one of the five ERIP "Groups" listed below in Sections (b)(1) - (5) as of the ERIP Beginning Date shall be eligible to submit an ERIP Election Form. A person belonging to one of the ERIP Groups as of the ERIP Beginning Date may possibly change ERIP Groups prior to his or her effective date of retirement. However, a person who does not belong to any ERIP Group as of the ERIP Beginning Date shall not be eligible to submit an ERIP Election Form. Grandfathered Participants may be eligible to receive the ERIP benefits, but they need not submit an ERIP Election Form and their retirements are not considered retirements under the ERIP. (2) A LACERS member eligible under Los Angeles Administrative Code Section (Government Service Buyback or GSB) to purchase time due to service in another government agency shall be allowed to include the purchased time in the determination of ERIP eligibility. For the purchased time to be included in the determination of ERIP eligibility, the LACERS member must follow the existing GSB purchasing policies, and the member must have completed the GSB purchase by the end of the City pay period that includes the ERIP Beginning Date. For reciprocal service under Los Angeles Administrative Code Section to be included in the determination of ERIP eligibility, the reciprocal time must be certified by the reciprocating system and the certification must be received by LACERS prior to the ERIP Beginning Date. Once so established, the LACERS member shall be entitled to use this reciprocal service in order to qualify for ERIP even if reciprocity is subsequently broken, such as by the member's inability to retire concurrently from the reciprocating system. When a person elects to submit an ERIP Election Form and retire under the ERIP, the person shall assume all risks that result from this election, including but not limited to the loss of the right to use his or her final compensation as determined by LACERS for purposes of computing final compensation earnable with the reciprocal system in the event that he or she is not able to retire concurrently under both systems. Time purchased under Los Angeles Administrative Code Section (Public Service Buyback or PSB) shall not be included in the determination of ERIP eligibility. (3) Certain City employee classifications are excluded from the ERIP (Excluded Classifications). Certain other City employee classifications have an ERIP limitation number, meaning that the total number of a classification's ERIP Eligible Filers actually retiring under the ERIP, plus the number of that classification's Grandfathered Participants actually receiving the ERIP benefits, shall be limited in number (Limited Classification). The CAO shall make known these Excluded Classifications, Limited Classifications, and the Limited Classifications' ERIP limitation numbers. (i) In the event that a Limited Classification's number of ERIP Eligible Filers and Grandfathered Participants exceeds the limitation number, the earliest initial date of LACERS membership (Initial LACERS Membership Date) shall be used to determine which ERIP Eligible Filers shall be allowed to retire under the ERIP and which Grandfathered Participants shall receive the ERIP benefits. The person with the earliest Initial LACERS Membership Date shall receive priority. If there is a tie in the earliest Initial LACERS Membership Date between two or more persons of the same Limited Classification, then the one with the longer time of employment in the Limited Classification at issue shall prevail. If there is also a tie in the time of employment in the Limited Classification at issue, then the one whose completed ERIP Election Form was first received by the CAO's office prevails. A Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be deemed to have received) a completed ERIP Election Form when the retirement application resulting in his or her retirement was first filed with LACERS. (ii) If a Limited Classification's ERIP limitation number is reached, an ERIP waiting list shall be created for that Limited Classification. ERIP Eligible Filers on a Limited Classification's ERIP waiting list may be allowed to retire under the ERIP, and/or Grandfathered Participants on a Limited Classification's ERIP waiting list may be allowed to receive the ERIP benefits, if and to the extent that ERIP Eligible Filers with earlier Initial LACERS Membership Dates in the Limited Classification rescind their ERIP Election Forms, and/or the Limited Classification's ERIP limitation rate is increased. A Limited Classification's ERIP waiting list shall be ordered pursuant to the same Initial LACERS Membership Date priority and tiebreakers referenced above in Section (a)(3)(i). A Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be deemed to have received) a completed ERIP Election Form when the retirement application resulting in his or her retirement was first filed with LACERS. After the 45-day ERIP window period has expired, the CAO's office shall notify any ERIP Eligible Filers on a Limited Classification's waiting list who will not be allowed to retire under the ERIP. After the 45-day ERIP window period has expired, any LACERS member may elect to retire pursuant to standard, non-erip LACERS procedures and provisions. After the 45-day ERIP window period has expired, the CAO's office shall notify any Grandfathered Participants on a Limited Classification's waiting list who will not be allowed to receive the ERIP benefits. (4) The ERIP shall have a limit of 2,400 persons, meaning that the total number of ERIP Eligible Filers actually retiring under the ERIP, plus the number of Grandfathered Participants actually receiving the ERIP benefits, shall be limited to 2,400. In the event that the total number of ERIP Eligible Filers and Grandfathered Participants exceeds 2,400, a first-come-first-served basis (ordered pursuant to the date and time the ERIP Election Form was received by the CAO's office) shall be used to determine which ERIP Eligible Filers shall be allowed to retire under the ERIP and which Grandfathered Participants shall be allowed to receive the ERIP benefits. A Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be deemed to have received) a completed ERIP Election Form when the retirement application resulting in his or her retirement was first filed with LACERS. Also in the event that the total number of ERIP Eligible Filers and Grandfathered Participants exceeds 2,400, a general ERIP waiting list shall be created. ERIP Eligible Filers on the general ERIP waiting list may be allowed to retire under the ERIP if and to the extent that earlier ERIP Eligible Filers rescind their ERIP Election Forms, and/or if City Council and the Office of the Mayor approve an increase of the 2,400 ERIP limit. (If there are any Grandfathered Participants on the general ERIP waiting list, it means that the 2,400 ERIP limit was reached within the number of Grandfathered Participants alone. A Grandfathered Participant on the general ERIP waiting list may be allowed to receive the ERIP benefits if and to the extent that City Council and the Office of the Mayor approve an increase of the 2,400 ERIP limit.) This general ERIP waiting list shall be separate from the waiting lists for the various Limited Classifications set forth above in Section (a)(3)(ii). The CAO's office shall establish the rules and procedures for accepting ERIP Eligible Filers and Grandfathered Participants from the general ERIP waiting list and/or a Limited Classification's waiting list, and how the waiting lists shall operate in conjunction with each other. After the 45-day ERIP window period has expired, the CAO's office shall notify any ERIP Eligible Filers on a general ERIP

210 waiting list who will not be allowed to retire under the ERIP. After the 45-day ERIP window period has expired, any LACERS member may elect to retire pursuant to standard, non-erip LACERS procedures and provisions. After the 45-day ERIP window period has expired, the CAO's office shall notify any Grandfathered Participants on the general ERIP waiting list who will not be allowed to receive the ERIP benefits. (i) A "Grandfathered Participant" is an ERIP-eligible City retiree whose effective date of retirement is on or after June 26, 2009, but before the ERIP Beginning Date. As contemplated in the June 26, 2009, Council motion (Council File ), a Grandfathered Participant determined to be allowed to receive the ERIP benefits shall receive such applicable benefits. A Grandfathered Participant need not submit an ERIP Election Form to the CAO's office within the 45-day ERIP window period. Rather, to the extent a Grandfathered Participant is determined to be allowed to receive the ERIP benefits, the Grandfathered Participant shall automatically receive the applicable ERIP benefits for his or her ERIP "Group" (see Section (b) below). The date to be used for the purpose of determining the proper ERIP Group for a Grandfathered Participant shall be his or her last day on the City payroll. (A City retiree who retired on or after June 26, 2009, but before the ERIP Beginning Date, who did not belong to any ERIP Group as of his or her last day on the City payroll is not a Grandfathered Participant and shall not be eligible to receive the ERIP benefits.) A Grandfathered Participant shall receive priority over ERIP Eligible Filers with regards to being within the general 2,400 ERIP limit, in that a Grandfathered Participant shall be deemed to have submitted (and the CAO's office shall be deemed to have received) a completed ERIP Election Form when the retirement application resulting in his or her retirement was first filed with LACERS. A Grandfathered Participant receiving the ERIP benefits shall count towards the 2,400 ERIP limit. However, a Grandfathered Participant in a Limited Classification shall not be guaranteed to receive the ERIP benefits. A Grandfathered Participant who, as of his or her last day on the City payroll, was in a classification determined to be a Limited Classification, shall not receive priority over ERIP Eligible Filers with regards to being within that Limited Classification's ERIP limitation number. Rather, the ERIP Eligible Filers and the Grandfathered Participants to be allowed within that Limited Classification's ERIP limitation shall be determined by the Initial LACERS Membership Date priority, tiebreakers, and waiting lists as set forth above in Section (a)(3)(i) - (ii). (5) An ERIP Eligible Filer may rescind his or her ERIP Election Form by delivering, to the CAO's office, a completed ERIP Rescission Form (as promulgated by the CAO's office) within seven (7) calendar days of delivery, to the ERIP Eligible Filer's address on file with LACERS, of notification that his or her ERIP Election Form has been approved. The ERIP Election Form may not be rescinded after the seven (7) calendar days have passed. (6) To minimize the impact on City services, an ERIP Eligible Filer may not select his or her effective date of retirement under the ERIP. While Management may take the person's preferences into account, Management shall determine the effective date of retirement for a person retiring under the ERIP. (i) The portion of Los Angeles Administrative Code Section (a) stating that a person's effective date of retirement shall be not less than 30 nor more than 60 days from and after the filing of the person's LACERS retirement application shall not apply to persons retiring under the ERIP. (ii) Management's decision as to a person's effective date of retirement under the ERIP shall be final and binding, regardless of whether the ERIP Eligible Filer agrees with Management's decision. The ERIP Eligible Filer may be required to retire as soon as administratively possible, or may be required to continue working for the City for an extended period of time. The CAO may promulgate rules that Management shall follow regarding the effective dates of retirement for ERIP Eligible Filers. (7) During the 45-day ERIP window period, LACERS shall not accept a non-erip retirement application from a person eligible for the ERIP, defined as a person who, as of the ERIP Beginning Date, belongs to at least one of the five ERIP Groups listed below in Sections (b)(1) - (5). After the 45-day ERIP window period has expired, any LACERS member may elect to retire pursuant to standard, non-erip LACERS procedures and provisions. (i) All applications for non-erip LACERS retirements submitted by persons eligible for the ERIP, and still pending as of the beginning of the 45-day ERIP window period, shall be held in abeyance for the duration of the 45-day ERIP window period. Such ERIP-eligible persons may elect to submit an ERIP Election Form, or, alternatively, they may wait until after the 45-day ERIP window period has expired, at which point their non-erip retirement applications shall continue to be processed. Such ERIP-eligible persons who elect to submit an ERIP Election Form shall not receive priority with respect to being within the 2,400 person ERIP limit, and shall not receive priority with respect to being within a Limited Classification's ERIP limitation number. (8) Accumulated Sick and Vacation Time is not payable to persons retiring under the ERIP, and such persons shall not be entitled to a payment of Accumulated Sick and Vacation Time upon retirement. In addition to the ERIP benefits set forth below in Section (b), which include the Separation Payments in Sections (b)(4)(i) and (b)(6), persons retiring under the ERIP shall receive a severance payment in the amount of what would be the person's Accumulated Sick and Vacation Time payment if the person were retiring pursuant to standard, non-erip retirement policies and procedures (Severance Payment). This Severance Payment and the applicable Separation Payment as set forth below in Sections (b)(4)(i) and (b)(6) shall be paid over two separate calendar years, with the City selecting the payment dates. This Severance Payment and the applicable Separation Payment as set forth below in Sections (b)(4)(i) and (b)(6) shall constitute, and be administered as, a Bona Fide Separation Pay Plan under Internal Revenue Code Section 457(e)(11) because (A) these payments are payable only to a person who has submitted an ERIP Election Form during the 45-day ERIP window period and who actually has a severance from employment pursuant to the ERIP; (B) the amount payable does not exceed two times the person's annual rate of pay (taking into account only pay that does not exceed the maximum amount that may be taken into account under a qualified plan pursuant to Internal Revenue Code 401(a)(17) for the year in which the person has his or her severance from employment); and (C) the payments shall be completed by the end of the second calendar year following the calendar year in which the employee separates from City service. Any tax liabilities arising from any Severance Payments and/or Separation Payments shall be the sole responsibility of the person(s) receiving the payments.

211 (i) A Grandfathered Participant's retirement is not considered a retirement under the ERIP, even if he or she receives the ERIP benefits. Therefore, the above provisions pertaining to Accumulated Sick and Vacation Time and the Severance Payment do not apply to Grandfathered Participants who receive the ERIP benefits. Instead, a Grandfathered Participant who receives the ERIP benefits either has already received, or shall receive, his or her Accumulated Sick and Vacation Time payment, if any, pursuant to standard, non-erip retirement policies and procedures. Payment of Accumulated Sick and Vacation Time to such a Grandfathered Participant is not a retirement benefit. A Grandfathered Participant who receives the ERIP benefits shall not receive the Severance Payment, but shall receive the applicable Separation Payment as set forth below in Sections (b)(4)(i) and (b)(6). The applicable Separation Payment shall be paid over two separate calendar years (with the City selecting the payment dates), and shall constitute, and be administered as, a Bona Fide Separation Pay Plan under Internal Revenue Code Section 457(e)(11). Any tax liabilities arising from any Accumulated Sick and Vacation Time payments and/or Separation Payments shall be the sole responsibility of the person(s) receiving the payments. (ii) The Severance Payment shall be paid by the City, and the cost of the Severance Payment shall remain a cost of the City. The Separation Payment shall also be paid by the City. However, the cost of the Separation Payment shall be an obligation of the LACERS members, and shall be recouped by the City through the provisions set forth below in Section (a)(9)(i) - (iii). (iii) Neither the Severance Payment nor the Separation Payment shall be considered a retirement benefit. (9) The ERIP actuarial cost, as determined by the LACERS actuary, and the total cost of the Separation Payments shall, together, be known as the "ERIP Cost Obligation". The ERIP Cost Obligation shall be an obligation of the LACERS members. The LACERS actuary has determined the preliminary ERIP Cost Obligation to be $271 million, as presented in the actuarial report dated September 25, 2009, based on a projection of 2,229 ERIP Eligible Filers actually retiring and Grandfathered Participants actually receiving the ERIP benefits. (i) LACERS members' payment of the ERIP Cost Obligation shall commence on July 1, 2011, and end on June 30, 2026, or when the ERIP Cost Obligation is fully paid, whichever comes first. The payment shall consist of a 1% increase in the LACERS active employee retirement contribution rate of 6% (of which 0.5% is the survivor contribution portion), so that the total LACERS active employee retirement contribution rate shall be 7% for all LACERS members. After all ERIP Eligible Filers actually retiring under the ERIP have retired, the LACERS actuary shall recalculate the ERIP Cost Obligation based on the number of ERIP Eligible Filers actually retiring and Grandfathered Participants actually receiving the ERIP benefits, using the same methodology used to determine the preliminary ERIP Cost Obligation. However, the City reserves the right to increase the LACERS active employee contribution rate for new City hires, in accordance with all applicable laws and practices. (ii) The LACERS active employee retirement contribution rate for LACERS members hired prior to 1983 (Defrayal Group) shall be adjusted to 6% (of which 0.5% is the survivor contribution portion) upon this ordinance's effective date. Commensurate with Section (a)(9)(i) above, employees in the Defrayal Group shall have their retirement contribution increased from 6% to 7% on July 1, All savings from the elimination of defrayal shall be credited towards the payment of the ERIP Cost Obligation. (iii) Once the City has recouped the ERIP Cost Obligation, the LACERS active employee retirement contribution rate shall be adjusted to 6% (of which 0.5% is the survivor contribution portion) for all City employees who were LACERS members as of the ERIP Beginning Date (including those in the Defrayal Group). However, the City reserves the right to increase the LACERS active employee retirement contribution rate for new City hires, in accordance with all applicable laws and practices. (10) In order for the ERIP to meet its goal of assisting with the City's financial situation, the City intends to limit the backfilling of positions vacated due to retirements under the ERIP. Therefore, to the extent allowed under the City Charter, the Los Angeles Administrative Code, and any other applicable law: From July 1, 2009, to June 30, 2024, approval of both City Council and the Office of the Mayor shall be necessary prior to backfilling a position vacated due to retirements under the ERIP. The total number of City positions vacated due to retirements under the ERIP shall not be backfilled by more than 7% in the City fiscal year 2010, nor by more than 6% in each of the City fiscal years 2011 through These backfill rates may be exceeded only if the cumulative prior years' actual backfill rate was less than the maximum cumulative rate allowed, pursuant to the Maximum Backfill Rates table below. For example, if the City backfills only 5% in fiscal year 2010, then the City's allowed backfill rate in a future year may be increased. MAXIMUM BACKFILL RATES FISCAL YEAR BACKFILL IN ONE YEAR CUMULATIVE % 7% % 13% % 19% % 25% % 31% % 37% % 43% % 49% % 55% % 61%

212 2020 6% 67% % 73% % 79% % 85% % 91% (11) The ERIP shall not affect the existing LACERS requirement that, in order for a LACERS member to leave a continuance to a spouse or domestic partner, the marriage must have occurred, or the proper domestic partnership document(s) must have been filed with LACERS or with the State of California, at least one year prior to the LACERS member's effective date of retirement. (12) Persons retiring under the ERIP shall be eligible to be employed by the City under the conditions set forth in City Charter Section However, persons retiring under the ERIP shall not be allowed to enter into a personal services contract with the City prior to July 1, 2011, unless the personal services contract is approved by City Council and the Office of the Mayor. (b) Persons retiring pursuant to the ERIP shall receive benefits pursuant to the following terms. (For purposes of the ERIP, "Service" and "Service Credit" shall have the same meanings as those terms are defined in Los Angeles Administrative Code Section ) (1) "Group 1" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date, would be eligible for an unreduced or standard retirement with less than 33 years of Service. (i) Each Group 1 member retiring under the ERIP shall receive 3 additional full-time years of Service and 3 additional full-time years of Service Credit. (2) "Group 2" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date, have a minimum of 33 years of Service but have not reached 55 years of age. (i) Each Group 2 member retiring under the ERIP shall receive the additional amount of age credit necessary to be eligible for an unreduced or standard retirement. In addition, each Group 2 member retiring under the ERIP shall receive 3 additional full-time years of Service and 3 additional full-time years of Service Credit. (3) "Group 3" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date, have less than 33 years of Service and who are within 5 years of the age credit and/or Service necessary to be eligible for an unreduced or standard retirement. To be a member of Group 3, the amount of time that a LACERS member is lacking in age credit to be eligible for an unreduced or standard retirement, plus the amount of time that the member is lacking in Service to be eligible for an unreduced or standard retirement, must, in sum, not exceed 5 full-time years. (i) Each Group 3 member retiring under the ERIP shall receive between a minimum of 3 full-time years and a maximum of 5 full-time years of additional age credit and/or both Service and Service Credit in order to be eligible for an unreduced or standard retirement. Between 3 fulltime years and 5 full-time years, fractional years shall be calculated and prorated in determining the amount of additional age credit and/or both Service and Service Credit to be received. (ii) Each Group 3 member retiring and receiving credit under the ERIP shall be provided with a written breakdown of the amount of age credit, and both Service and Service Credit. (4) "Group 4" LACERS members: This group consists of all full-time and part-time LACERS members who, as of the ERIP Beginning Date, have a minimum of 33 years of Service and have reached a minimum of 55 years of age. (i) Each Group 4 member retiring under the ERIP shall receive a Separation Payment of $1, for each year of Service. The Separation Payment for a fractional year shall be prorated. This Separation Payment shall not be considered a retirement benefit. This Separation Payment shall be paid by the City, which shall recoup the cost of the Separation Payment from the LACERS members as set forth above in Sections (a)(9)(i) - (iii). (ii) Any time purchased under Los Angeles Administrative Code Section (GSB) shall not be included in the calculation of the Separation Payment for Group 4 members. Any reciprocal time under Los Angeles Administrative Code Section shall not be included in the calculation of the Separation Payment for Group 4 members. Any time purchased under Los Angeles Administrative Code Section (PSB) shall not be included in the calculation of the Separation Payment for Group 4 members. (5) "Group 5" LACERS members: This group consists of all full-time and part-time LACERS members whose first day of City employment was on or before December 31, 1982; whose retirement contribution rate is less than 6%; and who, as of the ERIP Beginning Date, are not within 5 years of the age and/or Service necessary to be eligible for an unreduced or standard retirement. (i) Each Group 5 member retiring under the ERIP shall receive 5 additional full-time years of Service and 5 additional full-time years of Service Credit towards an early or reduced retirement.

213 (ii) The ERIP does not affect the retirement benefit reduction factors that apply to early or reduced retirements. (6) Members of Groups 1, 2, 3, and 5 retiring under the ERIP shall each receive a Separation Payment of $15, This Separation Payment shall not be considered a retirement benefit. This Separation Payment shall be paid by the City, which shall recoup the cost of the Separation Payment from the LACERS members as set forth above in Sections (a)(9)(i) - (iii). (c) The following provisions and limitations shall apply to the ERIP benefits set forth above in Section (b): (1) Any additional age credit provided under the ERIP shall be applied towards the 55-year minimum age requirement for LACERS retiree health subsidies. Any applicable additional Service and/or Service Credit provided under the ERIP shall count toward the retiree health subsidy formula. ERIP Group 5 members are not guaranteed eligibility for any LACERS retiree health subsidies. (2) A person retiring under the ERIP whose applicable ERIP Group changes between the ERIP Beginning Date and the person's effective date of retirement shall select the Group to which the person wishes to belong (that is, either the person's applicable Group as of the ERIP Beginning Date, or the person's applicable Group as of his or her effective date of retirement). (3) A person retiring under the ERIP who belongs to a certain ERIP Group due to the purchase of GSB time may attempt to change his or her Group by requesting a refund of the GSB time purchased, provided that the request for refund is consistent with existing GSB program policies. To change Groups in this manner, the request for refund must be approved by LACERS prior to the person's effective date of retirement. (4) A person's ERIP service retirement allowance may never exceed his or her Final Compensation as defined in Los Angeles Administrative Code Section This provision is intended to comport with Los Angeles Administrative Code Section (b). (5) A person eligible under the GSB program to purchase time due to service in another government agency shall be allowed to apply the purchased time towards additional Service Credit under an ERIP retirement. For the purchased GSB time to be applied towards additional Service Credit, the person must follow the existing GSB purchasing policies, and must have completed the GSB purchase prior to his or her effective date of retirement. This section is not meant to supersede or otherwise affect Section (b)(4)(ii) above, which provides that any time purchased under the GSB program shall not be included in the calculation of the Separation Payment for Group 4 members. (6) The ERIP does not extend any deadlines for purchasing Service Credit under any Service Credit purchase programs, including GSB, PSB, Back Contributions, and Re-deposits. All such purchases must be paid off prior to the LACERS member's effective date of retirement. (7) If person is approved by the CAO's office for retirement under the ERIP, but the person dies prior to his or her effective date of retirement, the person's eligible spouse, as defined in Los Angeles Administrative Code Section (a), or qualified domestic partner, as defined in Los Angeles Administrative Code Section , if any, shall be entitled to survivorship benefits as if the person retired under the ERIP with a 100% continuance to his or her survivor. (8) Any benefit payable pursuant to the ERIP is subject to the requirements and limitations applicable to benefits payable from a qualified governmental pension plan under Internal Revenue Code (Code) Sections 401(a) and 414(d), and the regulations and guidance issued under those Code Sections. Therefore, any ERIP benefits may be adjusted, as necessary, to maintain the tax qualified status of LACERS. (9) To work toward the ERIP being cost-neutral to the City, an "ERIP 1% Reduction" shall apply to all ERIP Eligible Filers actually retiring under the ERIP and all Grandfathered Participants actually receiving the ERIP benefits (with the exception of ERIP Group 4 members, as noted below). The ERIP 1% Reduction means that, for each ERIP Eligible Filer actually retiring under the ERIP and each Grandfathered Participant actually receiving the ERIP benefits, his or her entire retirement allowance, including the ERIP benefits, shall be reduced by 1%. The formula for calculating such a person's actual retirement allowance shall be: The person's full retirement allowance, including ERIP benefits (that is, the person's full retirement allowance, including the ERIP benefits, before the ERIP 1% Reduction) multiplied by For example, for Groups 1, 2, and 3, the person's actual retirement allowance shall be: [Final Compensation x Service Credit x Retirement Factor of ] x 0.99 For Group 5, the person's actual retirement allowance shall be: [Final Compensation x Service Credit x Retirement Factor of ] x [Reduction Factor] x The Reduction Factor is the standard LACERS Early Retirement Reduction Factor. The ERIP 1% Reduction shall not apply to members of ERIP Group 4. (d) the ERIP. Unless otherwise specified, the provisions in the City Charter and the Los Angeles Administrative Code pertaining to LACERS shall not be affected by (e) It is the intent of the City and the LACERS Unions that the ERIP be envisioned as cost-neutral to the City. The increase in the employee retirement contribution rate and the elimination of defrayal (Sections (a)(9)(i) - (ii) above), along with the ERIP 1% Reduction (Section (c)(9) above), are mechanisms designed for working toward cost-neutrality.

214 (f) If the government of the United States or a final court of competent jurisdiction determines that one or more provisions of this chapter pertaining to the ERIP are unlawful or invalid, the remaining provisions shall remain in full force and effect. Added by Ord. No. 180,926, Eff Sec Cost of Living Adjustment. (a) The provisions of this section shall not be applicable to any benefit payable pursuant to the provisions of Section or (a)(2) of this chapter. The provisions of this section, however, shall be applicable to each other benefit payable in monthly installments pursuant to any other provisions of this chapter, but the application thereof to any such benefit shall not reduce the amount to be paid on or subsequent to July 1st of any year to an amount less than that payable immediately prior to July 1st of said year. (b) The Board of Administration, not later than the 1st day of May of each year, shall determine with respect to the Federal Bureau of Labor Statistics Consumer Price Index for the Los Angeles area ( the C.P.I. ) the percentage of increase or decrease, if any, in the C.P.I. for the whole of the first next preceding calendar year from the C.P.I. for the whole of the second next preceding calendar year and shall round any such percentage increase or decrease to the nearest onetenth (1/10) of one percent (1%). (c) The Board, whenever it shall have determined that there had been an increase or decrease in the C.P.I., shall increase or decrease the amount of each such benefit as hereunder provided, subject, however, to the limitations contained in Subsection (a) of this section: (1) Effective the 1st day of July of each year, beginning with the year 1974, the Board of Administration, with respect to each eligible benefit which became payable prior to the applicable 1st day of July, shall increase or decrease the amount thereof payable immediately prior to the applicable 1st day of July by one twelfth (1/12) of the percentage of increase or decrease in the C.P.I. as determined by it pursuant to Subsection (b) of this section, for each whole month that such benefit was payable during the year commencing the 1st day of July next preceding the applicable 1st day of July and ending the 30th day of June next preceding the applicable 1st day of July, providing that any increase or decrease in the amount of any such benefit shall not exceed one-twelfth (1/12) of three percent (3%) thereof for each whole month that it was payable during the year. (2) If the percentage of increase or decrease in the C.P.I. in any calendar year, as determined by the Board of Administration, were to exceed three percent (3%), as compared with the C.P.I. in the preceding year, the percentage of increase or decrease in the C.P.I. in excess of three percent (3%) shall be accumulated and carried over and added to or subtracted from the percentage of increase or decrease in the C.P.I. in the next succeeding calendar year, and such procedure shall be complied with from year to year, except that for those years prior to 1974 in which the cost of living adjustment was capped at 2%, the percentage of increase or decrease of the C.P.I. which was in excess of two percent (2%), rather than three percent (3%), shall be accumulated and carried over as provided herein. The foregoing provisions of this paragraph are to be complied with as to any person whose benefit was continued upon the death of a retired member if the benefit of such person and the benefit of such member, together, were paid for the whole year commencing the 1 st day of July next preceding the applicable 1 st day of July, and ending the 30 th day of June next preceding the applicable 1 st day of July, but said provisions are not to be complied with as to any person whose benefit was not paid for said whole year. (d) The amount of any benefit which shall be continued to any survivor upon the death of a retired member subsequent to July 1, 1967, shall be in the same ratio to the amount of the benefit which such member shall have been receiving as of the date of his or her death as the amount of the benefit which originally would have been continued to such survivor shall bear to the amount of the benefit which originally was payable to such member. (e) If it were to be impossible or impracticable for the Board to cause all necessary calculations to be made in time for it to include any increases or decreases in the amounts of benefits, as hereinabove provided, in the demands drawn in payment of such benefits for the month of July in any year, then the board shall have the power and authority, when such calculations shall have been made, to increase or decrease the amounts of the demands drawn in payment of such benefits for any month subsequent to the month of July so as to include any increases or decreases in such benefits which shall have accumulated from and after the 1st day of July. Added by Ord. No. 144,470, Eff Amended by: Ord. No. 173,349, Eff , Oper Sec Discretionary Cost of Living Adjustments. (a) There is hereby created and established a policy whereby the City Council shall periodically review the matter of the cost of living adjustments for certain beneficiaries who receive retirement benefits from the Los Angeles City Employees Retirement System. The review shall be made to ascertain the impact of increases in the Consumer Price Index upon retirement benefits and the adequacy of the annual cost of living adjustments provided in Section of the Los Angeles Administrative Code. Should the City Council find and determine that annual cost of living adjustments are inadequate in light of the movement of the Consumer Price Index, the

215 City Council may grant additional but discretionary cost of living adjustments as hereinafter provided. (b) The first of the reviews provided in Subsection (a) hereof shall be made during the fiscal year and annually thereafter until the City Council has provided a first discretionary adjustment pursuant to this section. Thereafter, the City Council shall make periodic reviews in intervals not to exceed three (3) years from the date of the completion of the last review or from the effective date of the last discretionary cost of living adjustments whichever shall be the later. (c) Should it be the finding of the City Council that discretionary cost of living adjustments would be in order, any such adjustments would be subject to the following limitations: (1) The first discretionary adjustment may be granted at any time. Thereafter, discretionary adjustments may not be provided more frequently than once every three (3) years, counting from the date the last discretionary adjustments became effective. (2) Discretionary adjustments shall not exceed one-half (1/2) of the difference between the percentage of the annual increases in the cost of living, as determined pursuant to the provisions of Section 1040(b) herein, for each of the preceding three (3) years and the annual adjustments made pursuant to Section (c) of the Los Angeles Administrative Code. Discretionary adjustments shall be allocated to each of the three (3) years for which an adjustment is made. Should discretionary cost of living adjustments be granted during the fiscal year , the applicable annual increase in the Consumer Price Index shall be the one upon which the Board of Administration of the Los Angeles City Employees Retirement System has based those annual cost of living adjustments which became effective July 1,1981. (3) Any discretionary cost of living adjustments provided pursuant to the provisions of this section shall be subject to the following further limitation: If a benefit became payable on or after July 1 immediately preceding the effective date of such adjustments, it shall not be so adjusted; and any benefit which shall become payable at a time within a three (3) year period between discretionary cost of living adjustments (but prior to the immediately preceding July 1), shall be prorated according to the annual increase on a monthly basis to the number of completed months for which the benefit was received. (4) Discretionary cost of living adjustments may be granted only by ordinances adopted in accordance with the provisions of Section 1168 of the City Charter. (5) All adjustments provided in this subsection are to be applied prospectively only and shall not be understood to permit retroactive adjustments of benefits. (d) Discretionary cost of living adjustments shall only be applied to monthly benefits not otherwise excluded from cost of living adjustments under the provisions of Section of this chapter. (e) It shall be the duty of the Director of the Office of Administrative and Research Services to prepare appropriate reports and recommendations to enable the City Council to make findings as to the adequacy of the annual cost of living adjustments. Added by Ord. No. 155,158, Eff Amended by: Subsec. (a), Subsec. (c) Paras. (2) and (4), Subsecs. (d) and (e), Ord. No. 173,237, Eff , Oper Sec Cost of Living Adjustments Limitations. Added by Ord. No. 158,965, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Ad Hoc Cost of Living Adjustment For Retirees Who Retired Prior to June 30, (a) All persons who retired prior to June 30, 1984 or their eligible spouses who are receiving a monthly retirement benefit subject to a cost of living bank shall have added to their retirement benefit beginning February 1, 2002, an amount equal to the excess of their cost of living bank above 25.3%. The purpose of this ad hoc adjustment is to reduce all cost of living banks to no more than 25.3%. (b) The provisions of this section shall not be applicable to benefits payable pursuant to Sections (a)(2) and as those benefits are not subject to a cost of living bank. The provisions of this section, however shall be applicable to each other benefit payable in monthly installments subject to a cost of living bank pursuant to any other provisions of this chapter.

216 Added by Ord. No. 174,419, Eff , Oper Sec Definitions. For the purposes of Sections through inclusive, the following phrases shall have the meaning ascribed to them in this section. Retirement Allowance or Allowance shall mean an allowance granted under this chapter, except for those allowances granted pursuant to Sections (a)(2) and of this chapter, together with all subsequent adjustments thereto as of the day preceding the operative date of this section. Cost of Living Amount shall mean that portion of a retirement allowance, as the day preceding the operative date of this section, resulting from adjustments made pursuant to Section of this Code. Base Amount shall mean that portion of a retirement allowance resulting if cost of living amount is deducted therefrom. Added by Ord. No. 145,804, Eff Amended by: Ord. No. 173,237, Eff , Oper Sec Modification of Certain Service and Survivorship Retirement Benefits. Added by Ord. No. 145,804, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Modification of Certain Disability, Retirement Allowances. Added by Ord. No. 145,804, Eff Repealed by Ord. No. 173,237, Eff , Oper Sec Continuance to Surviving Spouse (a) For purposes of this section, the following words and phrases are defined as follows: Eligible Member shall mean present members of the System and all persons who enter or re-enter membership subsequent to the operative date of this section, provided that no credit shall be allowed under the provisions of this section for service rendered prior to July 1, 1965 unless said member shall both (1) elect in writing and file with the Board of Administration an application to participate in the benefit established in this section and (2) pay survivor contributions in an amount equal to all the contributions which he or she would have made had he or she elected said benefit on July 1, 1965, together with all regular interest which, had he or she so made the same, would have been credited thereon prior to the date of such payment. The mode of paying such back contributions in a lump sum or on an installment basis shall be as decided by the Board of Administration and set forth in their rules. Eligible Spouse shall mean the surviving spouse of a retired eligible member to whom such member is married at time of retirement and has been so married for at least one-year prior thereto. Unmodified Allowance shall mean the total monthly retirement allowance payable to the member as of the date of retirement, calculated in accordance with the provisions of sections of this chapter, in the case of service retirement, and of this chapter, in the case of disability retirement. Joint and Survivor Cash Refund Annuity shall mean an annuity which shall be the actuarial equivalent of the eligible member s total accumulated contributions providing for equal monthly payments during the lifetime of such member and the eligible spouse with payment of any unused contributions, as defined in Section (b) of this chapter, upon the death of the last survivor as provided in that section, calculated in accordance with approved actuarial methods as of the date of retirement. (b) Every eligible member shall contribute by salary deduction at the rate of contribution established elsewhere in this chapter on account of the benefit

217 provided by this section. Said contributions shall be known and designated as Survivor Contributions and are in addition to the member s Normal Contributions as elsewhere established in this chapter, except as otherwise provided in Section of this chapter. (c) Upon the retirement of an eligible member having an eligible spouse, other than one selecting one of the options available under Section of this chapter, the annuity portion of such member s retirement allowance shall be calculated as a joint and survivor cash refund annuity and the amount of pension payable during such member s lifetime shall be the excess of the member s unmodified retirement allowance over such joint and survivor cash refund annuity. Upon the death of such eligible member survived by such eligible spouse, there shall be continued to such spouse a retirement allowance which shall consist of (1) the joint and survivor cash refund annuity paid during the member s lifetime and (2) a pension amount payable during the lifetime of such spouse which shall be the excess of one-half of the unmodified allowance over said joint and survivor cash refund annuity. (d) Upon the retirement of an eligible member having no eligible spouse at time of retirement, the annuity portion of such member s retirement allowance shall be calculated on the basis of his or her normal accumulated contributions as opposed to the sum of the Normal Contributions and the Survivor Contributions taken pursuant to the provisions of this section. The excess of such member s total accumulated contributions over the normal accumulated contributions at time of retirement shall be paid to such member, or at his or her option, considered as additional contributions made to provide a larger annuity benefit. (e) A retired former member of the System who retired prior to July 1, 1965, pursuant to the provisions of former Charter Sections 508 or 510, and who has an eligible spouse as defined herein, may elect, in writing to provide for a continuance of his or her retirement allowance to said surviving spouse, which election shall be filed with the Board of Administration. In the event such retired former member, eligible to make the election herein provided, should die subsequent to the effective date of this section, but prior to having made such election, his or her surviving eligible spouse shall have the right to so elect in his or her stead and shall thereafter receive the continuance to spouse benefit as hereinafter provided. Upon the death of a retired member who elected to provide for a continuance to his or her surviving spouse, as provided in the preceding paragraph, there shall be continued to such spouse an allowance which shall consist of: (1) An annuity equal to the amount of the annuity which was payable to the retired member during his or her lifetime by virtue of his or her Normal Contributions; and (2) A pension amount payable during the lifetime of such spouse which shall be the difference between one-half (1/2) of the member's base amount excluding from said base amount any portion payable by virtue of additional contributions paid towards a larger annuity, and the amount of said annuity. (3) A cost of living equal to one-half (1/2) the cost of living amount payable to the deceased member at the time of his or her death, after excluding therefrom any portion of said cost of living amount payable by virtue of additional contributions paid towards a larger annuity. (f) Any former member who terminated prior to July 1, 1965 and who elected the benefit of a vested right pension but has not made application for such pension, may make the election described in Subsection (e) above at the time such former member files his or her application for service retirement if at such time he or she has an eligible spouse as defined in this section. Upon the death of such retired member who elected to provide for a continuance to his or her surviving spouse as provided herein, there shall be continued to such eligible spouse an allowance which shall be based upon the components set forth in Paragraphs (1), (2) and (3) of Subsection (e) of this section. (g) Upon the death of both the retired member and his or her eligible spouse where an election has been made pursuant to either Subsection (e) or (f) of this section, any unused contributions and accrued retirement allowance shall be paid as provided in Section (b) of this chapter. (h) Upon the death of an eligible member before retirement leaving a spouse who is eligible for and elects to take the survivor allowance provided under the provisions of Subsection (a)(3) of this chapter, the annuity portion of the allowance to be paid under that subsection shall be calculated on the basis of the member s normal accumulated contributions as opposed to the sum of the Normal Contributions and the Survivor Contributions taken pursuant to the provisions of this section. The excess of the deceased member s total accumulated contributions over the normal accumulated contributions at the time of death shall be paid to the surviving spouse, or at the option of such spouse, considered as additional contributions made to provide a larger annuity benefit. Added by Ord. No. 154,804, Eff Amended by: In Entirety, Ord. No. 154,363, Eff ; Ord. No. 173,349, Eff , Oper ; Subsec. (h) added, Ord. No. 175,767, Eff ; Subsec. (e), Ord. No. 182,196, Eff Sec Surviving Spouse s Election to Receive the Continuance to Surviving Spouse Benefit Where Member Failed to make the Election. The surviving spouse of a deceased retired former member of the Los Angeles City Employees Retirement System is hereby given the right to make an election to participate in the Continuance to Surviving Spouse benefit provided in Section of this chapter if such deceased retired former member did not during his or her lifetime make the election to participate in said benefit; provided, however, that such surviving spouse must qualify as an Eligible Spouse as said term is defined in Section (a) of this chapter.

218 The surviving spouse s election shall be in writing on such forms as the Board of Administration may prescribe and must be accompanied by the amount of Survivor Contributions, as said term is defined in Section (d) of this chapter, which the deceased retired former member would have contributed by salary deduction during the entire period of membership in the Los Angeles City Employees Retirement System during or for which he or she would have been eligible to participate in the benefit provided in Section (b) of this chapter. The benefit herein provided shall entitle a surviving spouse eligible to make an election to receive an allowance calculated as of the time immediately following the deceased retired former member s death, but such allowance shall become payable only as of the first day of the month following the exercise of the election and receipt by the Los Angeles City Employees Retirement System of the required survivor contributions. There is to be no retroactive entitlement to benefits under the provisions of this section. Added by Ord. No. 157,472, Eff Amended by: Paras. (1), (2) and (3), Ord. No. 173, 237, Eff , Oper Sec Survivorship Benefits Available to Domestic Partners. (a) A domestic partner of a member whose domestic partnership has been established as provided in Subsection (b) herein shall be entitled to the following benefits, subject to any limits imposed by federal law: (1) the benefits available to an eligible spouse under Section of this chapter, provided that at the time of the member's retirement their Declaration of Domestic Partnership has been on file with the Board for at least one year and further provided that the domestic partner is either the domestic partner or spouse of the member at the time of the member's death. A domestic partner who qualifies for benefits under this provision is entitled to the same rights that are made available to an eligible spouse under Section of this Chapter. (2) the benefits available to an Eligible Survivor under Section of this Chapter. (3) the benefits available to a surviving spouse under Section (a)(2) of this Chapter. (4) the benefits available to a surviving spouse under Section (a)(3) of this Chapter, provided that the person otherwise qualifies to make this election. (5) the benefits available to a widow or widower under Section of this Chapter, provided that where a remarriage renders a widow or widower ineligible for benefits, a marriage shall likewise render a domestic partner ineligible for benefits. (6) the same rights given to a spouse to complete redeposits or purchases of service if the member dies before retirement. An Affidavit of Domestic Partnership filed prior to July 1, 2000 with the Board shall be treated for all purposes of this Section as being the same as a Declaration of Domestic Partnership filed pursuant to Paragraph (b) herein. Where a Declaration of Domestic Partnership is required to be on file with the Board for at least one year, the Board may establish an earlier filing date than the actual date of filing with the plan upon sufficient proof that the parties have an earlier established domestic partnership with the Personnel Department. Should a member die prior to filing a Declaration of Domestic Partnership with the Board, but: 1) have a current domestic partner based upon an earlier established domestic partnership with the Personnel Department, and 2) have a beneficiary designation on file with the Board that designates that domestic partner as the beneficiary entitled to receive all of the member's contributions, then such domestic partner shall be entitled to receive the same benefits that he or she would have received had their domestic partnership been filed with the Board, as provided in Subsection (b) herein, on the date that the parties established their domestic partnership with the Personnel Department. (b) 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 shall be established for purposes of this section when both partners file a Declaration of Domestic Partnership with the Board of Administration of the Los Angeles City Employees Retirement System, provided all the following requirements are met: (1) Both persons have a common residence as defined in Family Code Section 297. (2) Both persons agree to be jointly responsible for each other s basic living expenses incurred during the domestic partnership. (3) Neither person is married or a member of another domestic partnership. (4) The two persons are not related by blood in a way that would prevent them from being married to each other in this State. (5) Both persons are at least 18 years of age.

219 (6) Both persons may be of the same sex or the opposite sex. (7) Both persons are capable of consenting to the domestic partnership. (c) Once a domestic partnership is established as provided above, this domestic partnership shall be terminated when any of the following occurs: (1) One partner gives, or sends by certified mail, to the other partner a written notice that he or she is terminating the partnership. (2) One of the domestic partners dies. (3) One of the domestic partners marries. (4) The domestic partners no longer have a common residence. This provision applies to all domestic partnerships, whether created by a Declaration of Domestic Partnership or by an Affidavit of Domestic Partnership. (d) Upon termination of a domestic partnership, at least one of the former partners shall file a Notice of Termination of Domestic Partnership with the Board, provided that failure to file such notice shall not prevent the termination of the domestic partnership. This provision shall apply both to partnerships established on or after July 1, 2000 by the filing of a Declaration of Domestic Partnership and to partnerships established prior to July 1, 2000 by the filing of an Affidavit of Domestic Partnership. (e) No member who has established a domestic partnership, by filing either an Affidavit of Domestic Partnership or a Declaration of Domestic Partnership with the Board, may file a new Declaration of Domestic Partnership until at least six months after the date that a Notice of Termination of Domestic Partnership was filed with the Board as provided herein. This prohibition does not apply if the previous domestic partnership ended because one of the partners died or married. (f) Effective January 1, 2005, to the extent required by state law, domestic partners registered with the State of California or two persons of the same sex whose legal union, other than a marriage, has been validly formed in another jurisdiction and is substantially equivalent to a state registered domestic partnership shall be treated the same as spouses for purposes of all provisions of the Los Angeles City Employees' Retirement System set forth in the Charter and the Los Angeles Administrative Code, except as otherwise required by federal law. For purposes of the provisions of Chapter 10 herein, any reference to the date of a marriage shall be deemed to refer to the date of registration of a domestic partnership with the State or the date of a legal union in another jurisdiction, as applicable. Added by Ord. No. 171,305, Eff Amended by: Ord. No. 173,349, Eff , Oper ; Subsecs. (a) and (b)(1) amended and Subsec. (f) added, Ord. No. 182,196, Eff Sec Continuance to Designated Beneficiary. A member who does not have either an eligible spouse, as defined in Section (a), or a domestic partner who qualifies for the benefits available to an eligible spouse under Section (a)(1), may make an irrevocable election at the time of retirement, in writing, to provide for a continuance of his or her retirement allowance to one designated beneficiary. The member shall take an actuarial reduction of his or her retirement allowance to pay for the continuance to a designated beneficiary. The member shall specify any whole percentage not to exceed 100% as the portion of the retirement allowance to be paid as an allowance to the beneficiary, subject to any limits imposed by federal law. The allowance payable to the beneficiary shall commence the day following the member's date of death and shall terminate upon the death of the beneficiary. The beneficiary s continuance shall be subject to all cost-of-living and discretionary increases. A beneficiary under this section shall not be entitled to any disability retirement allowance, any basic death benefit, any special death benefit, any monthly allowance for survivors of a member or retired person, any insurance benefit or subsidy, or retired member lump-sum death benefit. The Board of Administration of the Los Angeles City Employees Retirement System shall adopt rules to administer this continuance and shall formulate the benefits in such a way that no additional actuarial liability is incurred either by the System or by the City. Added by Ord. No. 171,885, Eff Amended by: First and Forth Paras., Ord. No. 173, 237, Eff , Oper ; First Para., Ord. No. 182,196, Eff Sec Application to Change Optional Retirement Allowance. (a) Any retired former member of the Los Angeles City Employees Retirement System who retired prior to July 1, 1965, and who selected one of the

220 optional allowances provided in Section of this chapter, upon written application filed with the Board of Administrators shall be entitled to receive the allowance he or she would have been eligible to receive under the provisions of Sections or herein, had he or she not made such election pursuant to Section Any adjustment made pursuant to this section shall be effected by modifying the pension portion of the allowance. Any retired former member whose service terminated prior to July 1, 1965 and who retired prior to May 4, 1975 pursuant to former Charter Section 508 B and who elected an optional allowance pursuant to former Charter Section 509 shall, upon the filing of an election with the Board of Administration, be granted the benefits hereinabove described. Such election must be made in writing to the Board of Administration within ninety days of the effective date of this subsection as amended. Any such retired former member making application as provided in this subsection who has an eligible spouse as defined in Section (a) shall be deemed thereby to have exercised the election provided in Section (e) of this Code. (b) Any surviving spouse receiving a continuance of a retired member s allowance as provided in Section , may elect to receive in lieu of such allowance, the continuance to spouse benefits provided by Section hereof. (c) Any election or written application made pursuant to this section shall be irrevocable and not subject to the provisions of Waiver of Benefits as provided in Section herein. Added by Ord. No. 145,804, Eff Amended by: Subsec. (a) by Ord. No. 148,239, Eff ; Subsec. (a) First, Second and Third Paras., Subsecs. (b) and (c), Ord. No. 173,237, Eff , Oper Sec Cost of Living Increases. For the benefits increased pursuant to an application to change an optional allowance as provided in Section hereof, the ratio between the base amount and the cost of living amount shall be maintained by increasing the cost of living proportionately. All adjustments to the cost of living amount made by this section and Section (e) shall be subject to future adjustments as provided in Section hereof. Added by Ord. No. 145,804, Eff Amended by: First and Third Paras., Ord. No. 173, 237, Eff , Oper Sec Rule-Making Powers of the Board of Administration. Except as otherwise expressly provided, wherever the provisions of this chapter call for an election, application or option or other act to be performed by any person receiving or entitled to receive benefits pursuant to this chapter, it shall be within the power of the Board of Administration of the Los Angeles City Employees Retirement System to establish all necessary rules with respect to the time, manner and operative date of such act. Added by Ord. No. 145,804, Eff Amended by: Ord. No. 173, 237, Eff , Oper Sec Operative Date of Sections Through * Notwithstanding the effective date of the provisions of Sections through of this chapter, and with the exceptions described in Paragraph (e) of Section of this chapter, the operative date or dates for the implementation of the provisions of said Sections through of this chapter shall be established by the Board of Administration of the Los Angeles City Employees Retirement System. Added by Ord. No. 145,804, Eff Amended by: Ord. No. 173, 237, Eff , Oper *Operative dates established for the following sections by the Board of Administration, City Employees Retirement System, per Resolution No.178, : Sec Sec Sec Sec Sec Construction of the Provisions of this Chapter.

221 The term Operative date as used in this chapter shall mean the effective date, unless a different date is specified by any ordinance adopted pursuant to the provisions of Section 1168 of the Charter. Added by Ord. No. 144,470, Eff Amended by: First and Second Paras., Ord. No. 173, 237, Eff , Oper Sec Back Contributions for Past Periods of City Service and Redeposit of Formerly Withdrawn Accumulated Contributions. (a) (1) Every person who is a member and who was a City employee during any period or periods in which he or she was regularly employed, on a full-time basis or on a part-time basis, but was not a member, and thus not contributing to the Retirement Fund, shall have the option to designate all or any portion of such employment for which he or she may receive retirement credit, provided, however, that the member is not receiving and is not entitled to receive for that period of City employment any benefit from any other pension or retirement system including, but not limited to, the Fire and Police Pension Plan, the Water and Power Employees' Retirement Plan, the Limited Term Retirement Plan, the Pension Savings Plan for Part-time, Seasonal and Temporary Employees, and any union plan. Such option shall be exercised in writing, filed with the Board of Administration, designating the period of City employment for which the member desires to receive retirement credit, and must be accompanied by a single payment of back contributions or by an agreement to pay such back contributions in installments. The back contributions to be paid shall be in an amount equal to all of the contributions which he or she would have made to the Fund had he or she been a member during such period, together with all regular interest which, had he or she so made the same, would have been credited thereon prior to the date of such payment; provided, however, that in the case of such installment payment thereof, the same shall be made pursuant to the rules which shall be adopted by the Board of Administration establishing minimum amounts to be paid and the period of time within which they must be paid and, furthermore, providing the rate of interest which shall be paid upon the unpaid balance of the same. Every member who makes up back contributions, as hereinabove provided, shall be allowed credit for the period of City employment designated in the declaration filed by him or her with the Board of Administration, the same as though he or she had been a member during such period. Any such member shall be allowed at any time to make a single payment equal to the then present value of all of the unpaid installments in such manner as shall be determined by the Board. Should the member fail to make all of the payments required of him or her under the provisions of this Section, he or she shall be allowed retirement credit, counter-calendarwise, for the same portion of such designated period as the amount made up by him or her is of such full amount, and provided further, that should he or she cease to be a member by reason of his or her death, retirement credit shall be allowed for the whole period designated by him or her if his or her surviving spouse exercises the option which, under such circumstances, hereby is given to any surviving spouse to make a single payment equal to the then present value of all of the unpaid installments in such manner as may be determined by the Board. The written option hereinabove referred to shall be filed with the Board of Administration. For purposes of determining whether a member is not receiving and is not entitled to receive for a prior period of City employment any benefit from a non-city pension or retirement system, such as a union plan, the Board shall adopt rules regarding the proof that a member must provide to establish a right to make back contributions for such prior period of City employment since, for a non-city system, such information is not directly available to the Retirement System. (2) Notwithstanding the provisions of Section (a)(1), every person who is a member on the effective date of this subsection or who shall become a member subsequent thereto may receive retirement credit for any period or periods in which he or she was a participant in the Pension Savings Plan for Part-time, Seasonal and Temporary Employees provided for in Chapter 16. Such option shall be exercised in writing, filed with and subject to rules promulgated by the Board of Administration as provided for in Subsection (1) above. The amount of back contributions to be paid shall be the total of the following: (i) an amount equal to all of the contributions which he or she would have made to the Fund had he or she been a member during such period together with all regular interest which would have been credited thereon by the Board of Administration prior to the date of such payment; and (ii) the full amount of all contributions made to the Pension Savings Plan by the City on behalf of the member during such period or periods, plus all interest credited to those contributions by the Pension Savings Plan. (3) Notwithstanding the provisions of Sections (a)(1) and (g), every person who is a member on the effective date of this subsection or who shall thereafter become a member may receive service credit for any period or periods in which he or she was a participant in the Limited Term Retirement Plan by making back contributions, which shall be paid in one of the following manners: (i) all of the Participant s interest in his or her individual account with the Limited Term Retirement Plan, based upon contributions made both by the Participant and by the City and any gains or losses thereon, shall be transferred from the Limited Term Retirement Fund to the LACERS Retirement Fund for credit to the member s LACERS account and, upon receipt, shall constitute full payment for the buy back, or (ii) where the member s entire account balance in his or her former individual account with the Limited Term Retirement Plan, based upon contributions made both by the participant and by the City and any gains or losses thereon, is directly rolled-over from the Limited Term Retirement Plan to another eligible retirement plan prior to January 1, 2003, provided thse funds have been segregated and not co-mingled with any other funds,

222 the trustee-to-trustee transfer of the total balance from that eligible retirement plan to the LACERS Retirement Fund for credit to the member s LACERS account shall constitute full payment for the buy back, or (iii) in all other cases in which the member s Limited Term Retirement Plan account balance has been distributed, the amount of back contributions to be paid shall be in the amount of the entire lump sum distribution, whether received by the member or by any other person, together with all regular interest which would have been credited thereon by the Board of Administration subsequent to the date the lump sum was distributed had he or she been a member during that period. This option shall be exercised in writing, filed with and subject to rules to be promulgated by the Board of Administration. The service credit purchased pursuant to this subsection shall count as continuous service credit for all LACERS benefits, the same as if the person had been a member during the entire period of time for which service credit is given. (4) The Board of Administration shall, by rule, provide for the making up of contributions that a member failed to make for any period during which the member received Workers' Compensation benefits (Div. IV, Labor Code) for temporary disability on account of any injury or illness arising out of and in the course of the member's employment with the City, together with an amount equal to the regular interest that would have been credited had the member made the contribution. (5) Notwithstanding the provisions of Paragraphs (1), (2), and (3), a member shall not be allowed to make back contributions to purchase retirement credit under this Subsection if the period of time being purchased constitutes "unqualified service" which the member is prohibited from purchasing under federal law. The Board shall adopt such rules as are necessary to comply with federal law and may authorize payment methods that comport with federal requirements. (b) Any person who has heretofore or member who may hereafter become separated from the service of the City and who did receive or shall hereafter receive his or her accumulated contributions and who either heretofore re-entered City service and as a result of such re-entry again became a member or should hereafter re-enter City service and as a result of such re-entry again become a member, shall have the option to re-deposit with the Los Angeles City Employees Retirement Fund the amount previously withdrawn together with regular interest, irrespective of any time period that may have elapsed since such separation. Such option shall be filed in writing with the Board of Administration. The amount of the contributions to be re-deposited shall be the sum of the amount of accumulated contributions withdrawn plus all of the regular interest which would have been credited thereon had said accumulated contributions remained on deposit in the fund to the date the member re-deposits such contributions either by a single lump sum payment or executes an agreement to pay such re-deposit in installments. In the case of installment payments, the Board of Administration shall establish the minimum amounts to be paid, the period of time therefor, the rate of interest which shall be paid on the unpaid balance of the same and all other rules the Board may deem necessary for the carrying out of the provisions of this section. Any such member shall be allowed, at any time, to make a single payment equal to the then present value of all of the unpaid installments in such manner as shall be determined by the Board. Every member who makes a re-deposit as hereinabove provided shall be allowed retirement credit for the period of service for which the re-deposit is made, provided however, that the member is not receiving and is not entitled to receive retirement credit for such period of service from any other pension or retirement system of the City of Los Angeles. Should the member fail to complete payment of the re-deposit, credit shall be allowed countercalendarwise from the same portion of such designated period as the amount made up by the member is of such full amount, and provided further, that should he or she cease to be a member by reason of his or her death, retirement credit shall be allowed for the whole period for which the re-deposit is being made if his or her surviving spouse exercises the option which, under such circumstances, hereby is given to any surviving spouse to make a single payment equal to the then present value of all of the unpaid installments in such manner as shall be determined by the Board. Added by Ord. No. 147,053, Eff Amended by: Subsecs. (a) and (b), Ord. No. 148,289, Eff ; Ord. No. 150,436, Eff ; In entirety, Ord. No. 151,861, Eff ; Title and Section, Ord. No. 154,363, Eff ; Subsec. (a) renumbered as Subsec. (a)(1), Subsec. (a)(2) added, Ord. No. 172,808, Eff ; Subsecs. (a)(1) and (b), Ord. No. 173,237, Eff , Oper ; Subsecs. (a)(1) and (b) amended, Subsec. (a)(3) added, Ord. No. 174,820, Eff ; Second to Last Sentence of Subsec. (a)(1), Ord. No. 177,214, Eff ; Ord. No. 182,196, Eff Sec Rights of Former Members. (a) A former member shall be paid his or her accumulated contributions upon written demand made to the Board of Administration. Contributions, however, shall not be refunded to a former member who is employed in any capacity by the City unless such a refund is permitted under federal law. After a former member's contributions have been refunded, he or she shall have no right to any benefits provided by the Retirement System. (b) A former member may permit his or her accumulated contributions to remain in the fund. A former member whose contributions remain on deposit and who qualifies for deferred service retirement may apply to retire as provided in Section of this Chapter. If such former member fails to file a written retirement application prior to attaining age 70 1/2, the Retirement System, pursuant to rules to be adopted by the Board of Administration, shall make such mandatory minimum distributions as are required by the Internal Revenue Code. If a former member does not have sufficient years of continuous service so as to be entitled to a deferred service retirement and fails to request a refund of contributions pursuant to Subsection (a) above within ten years from the date his or her membership terminated or from the date he or she was last employed by the City, whichever occurs later, the former member's accumulated contributions shall be forfeited to the Retirement Fund, provided that he or she: (1) shall be relieved from such forfeiture upon returning to membership in the System, at which time said funds shall be returned to his or her individual account pursuant to rules to be adopted by the Board of Administration, or (2) shall be relieved from such forfeiture upon the making of a valid claim therefore determined at the sole

223 discretion of the Board of Administration. If any such former member attains age 70 1/2 with contributions still on deposit in his or her account, the Retirement System, pursuant to rules to be adopted by the Board of Administration, shall make such mandatory minimum distributions as are required by the Internal Revenue Code. If mandatory minimum distributions cannot be paid to a former member for any reason, such as the person's failure to cooperate or where the person's whereabouts is unknown and the Retirement System has followed Internal Revenue Service procedures to locate him or her, then such funds shall be forfeited to the Retirement Fund, provided that he or she shall be relieved from such forfeiture upon the making of a valid claim therefor, determined at the sole discretion of the Board of Administration. In the event that a former member whose contributions or other benefits have been forfeited pursuant to this subsection is deceased, any person or entity who would be entitled to the payment of the former member's funds upon his or her death may make a claim for relief from forfeiture on the deceased's behalf. (c) For purposes of this Section: former member shall include both a City employee who ceases to be a member upon separating from City service and a City employee who continues to be employed by the City, but ceases to be a member of the Retirement System; former member shall not include a retired member who is receiving any retirement allowance provided in this Chapter. Added by Ord. No. 173,349, Eff , Oper Amended by: Title and Section In Entirety, Ord. No. 182,196, Eff Sec Past Service Credit Toward Entitlements Under Family Death Benefit Insurance Plan. (a) Every person who is a member of the Retirement System on the effective date of this section, or who shall thereafter enter or re-enter membership therein, shall be entitled to receive Death Benefit Plan Service for purposes of entitlement to benefits as provided in Section of this chapter for those periods subsequent to July 1, 1965 for which he or she is entitled to retirement service credit, or for which he or she is making back contributions or re-deposits as authorized for such retirement service credit, but for which he or she is not, as of the effective date of this section, entitled to Death Benefit Plan Service by complying with the following conditions: (1) He or she shall file with the Board of Administration a written election to receive all such Death Benefit Plan Service as he or she shall be entitled to, not to exceed 120 months, and (2) He or she shall make back contributions together with regular interest thereon in a lump sum or in installments by payroll deductions in such manner as the Board of Administration may determine, and provided that no such credits may be given for any periods of City service rendered prior to July 1, (b) Should the member die prior to having complied with the conditions set forth in Paragraph (a) hereof, the surviving widow, widower or guardian of the member s minor child or children is hereby given the option to make a single payment equal to the then present value of all amounts due under the deceased member s election, in such manner as may be determined by the Board and thereby become entitled to the benefits in Section herein. Added by Ord. No. 147,053, Eff Amended by: Subsecs. (a) & (b) by Ord. No. 148,239, Eff ; Title and Section, Ord. No. 154,363, Eff ; Subsec. (a) First Para. and Subsec. (b), Ord. No. 173, 237, Eff , Oper ; Subsec. (a)(2), Ord. No. 182,196, Eff Sec Buy Back of Periods of Uncompensated Leave from City Service. (a) Definitions. For the purpose of this Section, the following words and phrases shall have the meaning ascribed to them in this Subsection unless a different meaning is clearly indicated by the context: "Leave of Absence" shall mean an approved uncompensated leave of absence from City service, excluding any period of absence due to disciplinary suspension. "Buy Back" shall mean purchase by a member of retirement credit for periods of eligible leaves of absence from City service. "Government Service Buy Back Program" shall mean the method for the buy back of retirement credit set forth in Section (b) Eligibility. Every person who is a member on the effective date of this section or who shall become a member subsequent thereto shall be eligible to buy back credit for periods of uncompensated leave of absence from City service. (c) Application of Buy Back Credit. A member electing to buy back periods of leave of absence from City service may apply buy back credit to increase service retirement benefit credit. Buy back credit shall not be used to meet minimum qualification for service retirement, disability retirement or vested retirement

224 or to qualify for the Family Death Benefit Insurance Plan; or to qualify for or increase health and dental insurance premium subsidies. (d) Effect of Benefit Increases. Effective with respect to members on the active payroll on or after the effective date of this section, if retirement benefits should be increased by City Council action pursuant to Section 1168 of the City Charter, such increased benefits shall be applicable to service credits purchased pursuant to this section. (e) Minimum Periods of Purchase. A member electing to buy back credit for periods of uncompensated leave of absence shall file with the Board of Administration a written application identifying the time periods for which credit is to be purchased. A member may buy back credit for one or more periods of uncompensated leave, except, however, a minimum of six months of leave in the aggregate shall be purchased. Total buy back credit purchased shall not exceed the member's actual City service at the time the buy back is concluded. (f) Agreement with the City Employees Retirement System - Buy Back Methods. A member electing to buy back credit described herein shall enter into a written agreement with the Los Angeles City Employees Retirement System. Such agreement shall provide that the member contribute an amount equal to the present value of the liability incurred by the System in crediting the service based upon actuarial assumptions in effect at the time the agreement is entered into or amended and the projected retirement date contained in the agreement. Such agreement shall identify the method of payment of the additional contributions required to fund the purchased credit, which may be a specific dollar payment or percent of salary obligation. If a member elects to make the required contribution by a specific dollar payment, the payment may be made in a lump sum or in biweekly installments through payroll deduction over a period not to exceed five years. If the member elects to enter into a percent of salary obligation, the member shall agree to make the contributions as a percent of salary through payroll deduction over a period extending from the date of the agreement with the Los Angeles City Employees Retirement System to a projected retirement date included in the agreement. (g) Termination or Completion of Agreement. A member who has entered into a buy back agreement shall complete all contributions prior to the effective date of retirement in order to receive agreed upon buy back credit. If all contributions have not been completed and the member elects to retire, the member may receive prorated buy back credit for that portion of the service which has been purchased by contributions already made and forfeit the remainder of credit covered by the agreement or may make a lump sum payment sufficient to complete the total payment covered by the agreement. In the event the member elects to retire at a later date than the age specified in the agreement after completing all payments, no adjustments shall be made in the buy back credit or the cost of such credit. A member, who elects to terminate an after-tax agreement prior to its completion or at the time of retirement, shall forfeit buy back credit and may elect to receive a cash refund of the buy back contributions and interest payable upon the earlier of death, termination of employment or retirement. (h) Plan Member s Death. In the event of the death of a member who has entered into a buy back agreement, the surviving eligible beneficiary of the member may elect a refund of the buy back contributions and interest thereon, or elect to apply the credit or a portion thereof to the calculation of the benefits for which the survivor qualifies without the addition of buy back service credit or elect to complete the terms of the agreement with a lump sum payment of the remaining amount owed. (i) Administration. The administration of this section shall be under the exclusive management and control of the Board of Administration. Said Board shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the provisions of this ordinance. The Board of Administration shall have the right to construe this section, to interpret any provision thereof, to make rules and regulations relating to this section, and to determine any factual questions arising in connection with this section s operation after such investigation or hearing as the Board may deem appropriate. Any decision made by the Board under the provisions of this section shall be conclusive and binding on all parties concerned. (j) Subsection (j) is hereby repealed. Added by Ord. No. 164,362, Eff Amended by: In Entirety, Ord. No. 171,487, Eff ; Subsecs. (d), (e) and (f), Ord. No. 173, 237, Eff , Oper ; Title and Subsecs. (a), (b), (c), (e), (f) and (g), Ord. No. 182,196, Eff Sec Government Service Buy Back Program. (a) Definitions. For the purpose of this section, the following words and phrases shall have the meaning ascribed to them in this subsection unless a different meaning is clearly indicated by the context: Buy Back shall mean purchase by a member of retirement credit for periods of eligible service with other governmental entities or purchase by a member of retirement credit for uncompensated maternity leave. Effective Date shall mean the effective date of the ordinance adopting this section. Full-time Service shall mean a minimum of six months of uninterrupted service with an eligible governmental entity, excluding part-time service. Governmental Entity shall mean the United States Government including its territories, any agency of the United States Government, the United States Postal Service and any branch of the United States military service; any State or political subdivision thereof; any local government or special district within any State in the United States; and shall exclude non-governmental agencies supported by government contracts or grants and any prior service with the City of Los Angeles.

225 Prior Plan shall mean a retirement plan of a governmental entity in which the member was a participant during full-time service. Uncompensated Maternity Leave shall mean a leave of absence from City Service taken for maternity reasons without pay, provided that such leave shall be a minimum of one month and a maximum of twelve months with respect to any one pregnancy. (b) Eligibility. Every person who is a member on the effective date of this section or who shall become a member subsequent thereto shall be eligible to buy back credit for periods of full-time service with other governmental entities and to buy back credit for periods of Uncompensated Maternity Leave. Notwithstanding the foregoing: (1) Members may not buy back credit for periods of service for which they are currently eligible or will become eligible to receive a retirement benefit from a Prior Plan. For purposes of the previous sentence, a member shall be treated as eligible for such benefit from a Prior Plan even if the member will not receive such benefit solely due to the member s withdrawal of member contributions and interest from the Prior Plan, unless such withdrawal occurred prior to the later of the member s date of hire by the City or December 20, 1996 or unless the member deposits the amount of such withdrawal as the buy back purchase price, in accordance with Subsection (e)(2) hereof, within 90 days of such withdrawal. In addition, a member shall be treated as eligible for such benefit from a prior plan if the member received at any time a distribution from the prior plan in excess of member contributions and interest with respect to such period of service. The Board may extend the 90 day period if required for compliance with Section 415 of the Internal Revenue Code. In the event that prior to the attainment of the minimum age and service for a service retirement under LACERS, the member becomes eligible to receive currently or in the future a retirement benefit from the prior plan with respect to such period of service, the corresponding buy back credit shall be canceled and the member shall receive a refund of the payments made under Subsection (e) with respect to such buy back credit, with interest, payable upon the earlier of death, termination of employment, or retirement from City Service. (2) Members are not allowed to buy back credit for periods of service from a governmental entity which provides reciprocal benefits with LACERS and for which that member would be entitled to those reciprocal benefits. For purposes of the previous sentence, a member shall be treated as entitled to reciprocal benefits even if the member will not receive such benefits solely due to the member s withdrawal of member contributions and interest from the Prior Plan, unless such withdrawal occurred prior to the later of the member s date of hire by the City or December 20, (3) Only a member performing City Service as defined in Section shall be eligible to execute a buy back agreement. (4) For purposes of this section, the date of a withdrawal shall be deemed to be the date of receipt of the proceeds of the withdrawal by the member or other designated recipient. (5) Uncompensated Maternity Leave. Only a member who was on an active employment status immediately before and after taking a leave of absence for maternity reasons without pay shall be eligible to buy back credit for such leave of absence. (c) Application of Buy Back Credit. The service credit purchased under this section shall be treated the same as service credit under LACERS except that it shall not be taken into account for establishing the minimum five year service requirement for service retirement, disability retirement or vested retirement. (d) Minimum Periods of Purchase. A member electing to buy back credit for previous service with other governmental entities or for periods of Uncompensated Maternity Leave, shall file with the Board of Administration a written application identifying the time periods and agencies for which credit is to be purchased, and shall submit proof acceptable to the Board of Administration establishing the fact of such other service with another governmental entity or such uncompensated maternity leave. Buy back credit for one or more periods of full-time service with another governmental entity prior to entrance or re-entrance into the Los Angeles City Employees Retirement System may be purchased, except, however, such purchase shall be limited to not less than six months of uninterrupted service from a single entity. The six month minimum requirement does not apply to the Uncompensated Maternity Leave. (e) Agreement with the Los Angeles City Employees Retirement System - Buy Back Methods. A member electing to buy back credit described herein shall enter into a written agreement with the Los Angeles City Employees Retirement System. Such agreement shall specify the amount to be paid for the purchase of this service credit. (1) The amount to be paid pursuant to the buy back agreement shall equal (A) the member s contribution rate after any City defrayal, (B) times the member s annual salary rate at the time the agreement is entered into, and (C) times the number of full and partial years of service to be purchased. Partial years of service shall be rounded down to the full month. Such agreement shall identify the method of payment of the additional contributions required to fund the purchased credit, which will be a specific dollar payment. (2) Notwithstanding Paragraph (1), if the member had made employee contributions and left his or her contributions on deposit with the government entity for which full-time service is being purchased until after the later of the member's date of hire by the City or December 20, 1996, the buy back purchase price will be the amount of the member contributions and interest on deposit in the member's account with that government entity. For the purpose of purchasing service credit, the Los Angeles City Employees Retirement System may either receive (A) eligible rollover distributions, as defined in Section 401(a)(31) of the Internal Revenue Code, (B) rollover contributions, as defined in Section 408(d)(3) of the Internal Revenue Code or (C) direct cash contributions, the timing of which shall be governed by Subsection (b)(1) herein. The Board of Administration shall prescribe such rules and forms as are necessary to determine when proposed contributions hereunder qualify as rollover contributions. (f) Method of Purchase.

226 (1) The member may elect to pay on an after-tax basis in a lump sum or in biweekly installments through payroll deduction, subject to any applicable Internal Revenue Code restrictions. (2) The member may elect to pay via rollovers of pre-tax and/or after-tax funds pursuant to Section 401(a)(31) or Section 408(d)(3) of the Internal Revenue Code. (3) Should the member elect to purchase the buy back service credit through payroll deduction, annual interest at a rate determined by the Board and set at the commencement of the agreement shall be charged. The minimum biweekly payroll deduction shall be $ (g) Execution of the Agreement. A member entering into a buy back agreement shall complete all contributions prior to the effective date of retirement in order to receive agreed upon buy back credit. In the event the member elects to retire prior to completion of the buy back agreement, the member may receive prorated buy back credit for that portion of the service with other governmental entities or uncompensated maternity leave which have been purchased by contributions already made and forfeit the remainder of credit covered by the agreement; or, the member may make a lump sum payment sufficient to complete the total payment covered by the agreement. Additionally, a member who elects to terminate an after-tax agreement prior to its completion, or at the time of retirement, may elect to receive a cash refund of the buy back contributions and interest payable upon the earlier of death, termination of employment or retirement or prorated buy back credit. (h) Plan Member s Death. In the event of the death of a member who has entered into a buy back agreement, the surviving eligible beneficiary of the member may elect a refund of the buy back contributions and interest thereon, elect to apply the credit or a portion thereof to the calculation of the benefits for which the survivor qualifies without the addition of buy back service credit or elect to complete the terms of the agreement with a lump sum payment of the remaining amount owed. (i) Benefit Adjustment. The annuity attributable to contributions made pursuant to this Section, as well as the service purchased with such contributions, shall not be utilized in the calculation to determine whether a retirement allowance is to be increased to provide a minimum pension of 50% pursuant to the provisions of Section (a)(4). (j) Administration. The administration of this section shall be under the exclusive management and control of the Board of Administration. Said Board shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the provisions of this ordinance. The Board of Administration shall have the right to construe this section, to interpret any provision thereof, to make rules and regulations relating to this section, and to determine any factual questions arising in connection with this section s operation after such investigation or hearing as the Board may deem appropriate. Any decision made by the Board under the provisions of this section shall be conclusive and binding on all parties concerned. (k) El Pueblo Employees. Notwithstanding the above, persons who were employed by El Pueblo de Los Angeles State Historic Monument between May 17, 1977 and June 30, 1995 and who became members of LACERS on July 1, 1995, may purchase service credit for their employment with the El Pueblo between May 17, 1977 and June 30, The service credit purchased under this section for employment at El Pueblo shall be treated as same as service credit under LACERS including vesting, disability retirement and minimum qualification for service retirement. Added by Ord. No. 171,487, Eff Amended by: Subsecs. (a), (b), (b)(5), (d), (g) and (k), Ord. No. 172,808, Eff ; Subsecs. (b)(1), (2) and (3), (c), (d), (e), (i), and (k), Ord. No. 173, 237, Eff , Oper ; Subsec. (b)(1), Ord. No. 175,767, Eff ; Title and Subsecs. (a), (b), (e), (f) and (i), Ord. No. 182,196, Eff Sec Optional Retirement Allowance. (a) At any time before the first payment of a retirement allowance on account of any voluntary, compulsory or disability retirement, the person or member to be retired, or retired, as the case may be, may elect to receive in lieu of his retirement allowance as provided in Sections , (g) or of this chapter the actuarial equivalent at that time of such retirement allowance, in accordance with any of the following: (1) An optional retirement allowance payable throughout the balance of his or her life, with the provision that upon his or her death such optional retirement allowance shall be continued through the life of and paid to the member s surviving spouse; or to his or her minor children, in the event there be no surviving spouse; or to his or her dependent parents, in the event there be no surviving spouse or minor children; provided that, in the case of a minor child, the same shall terminate with the monthly payment next preceding the date on which said child attains the age of eighteen (18) years; or (2) An optional allowance payable throughout the balance of his or her life, with the provision that upon his or her death one-half (1/2) of such optional retirement allowance shall be continued through the life of and paid: to the member s surviving spouse; or to his or her minor children, in the event there be no surviving spouse; or to his or her dependent parents, in the event there be no surviving spouse or minor children; provided that, in the case of a minor child, the same shall terminate with the monthly payment next preceding the date on which said child attains the age of eighteen (18) years; or (3) Any other optional retirement allowance which the member may elect to receive and which shall be authorized by the Board of Administration; provided, however, that should any provision be made therein for the payment of any benefit after the death of the member, such benefit shall be payable to only those persons mentioned in (1) and (2) hereof and shall terminate, in the case of a minor child, with the monthly payment next preceding the date on which said child attains the age of eighteen (18) years.

227 (b) The amount of any optional retirement allowance granted pursuant to this section shall be so calculated that the liability of the system at the date of retirement under the optional retirement allowance shall be equal to the liability of the system at the same date under the retirement allowance provided in Sections , (g) or of this chapter, including in each case the liability for continuance to surviving spouse provided in Section of this chapter. For the purpose of this section, the liability of the system is defined as the present value, in accordance with tables adopted by the Board, of the retirement allowance or optional retirement allowance calculated by approved actuarial methods, giving due weight to the average probabilities of survivorship of all parties involved in the allowance, or optional allowance, to the limitation of payments to age eighteen in the case of a minor child, and to the requirement for refund of unused contributions after the death of the member or beneficiary as provided for in Section (b) of this chapter. (c) Any member selecting one of the options available under this section who has an eligible spouse as defined in Section of this chapter shall have the annuity portion of such member s retirement allowance calculated on the basis of the sum of the normal contributions and survivor contributions taken pursuant to the provisions of Section of this chapter and no refund shall be made for the excess of such member s total accumulated contributions over the normal contributions. (d) No optional allowance shall be granted under the provisions of this Section that exceed any limitations imposed by federal law. (e) A member at retirement may elect to provide a continuance for an ineligible spouse or an unqualified domestic partner pursuant to the provisions of Section A member at retirement may not opt to provide an optional retirement allowance under Section for any spouse or domestic partner for whom the member could elect to provide a continuance under Section Added by Ord. No. 147,053, Eff Amended by: Ord. No. 173,349, Eff , Oper ; Subsecs. (d) and (e) added, Ord. No. 182,196, Eff ; Subsecs. (a) and (b), Ord. No. 182,296, Eff Sec Election of Annuity With No Payment Due On Death of Last Survivor. Any member or the survivor of a deceased member who is eligible for a retirement allowance under the provisions of this chapter may, in lieu of the annuity payment calculated on the basis of the refund of unused contributions, elect to receive an annuity payable only during the life or lives of the persons covered by the option with no payment due upon the death of the last survivor on account of unused contributions. In all other respects, the provisions of Section (b) of this chapter with respect to the liability of the System under the option being equal to the liability of the System under the member s unmodified retirement allowance shall be applicable. Added by Ord. No. 173,349, Eff , Oper Sec Duty Related and Non-Duty Related Deaths Creating Entitlement to Survivorship Benefits. (a) Definitions. As used in this section, the following words and phrases shall have the meaning ascribed to them in this paragraph unless a different meaning is clearly indicated by the context: Duty Related Death shall mean the death of a member caused by illness or injury, either of which arose out of the performance of his or her duties as an employee of the City of Los Angeles. Non-Duty Related Death shall mean a member s death which occurred due to illness or injury not arising out of the member s performance of his or her duties as an employee of the City of Los Angeles. "Eligible Surviving Spouse" shall mean the person who was married to the member at the time of the member's death and who is entitled to be paid, against the claims or demands of any and all other persons thereto, the full amount of such member's accumulated contributions. "Eligible Surviving Domestic Partner" shall mean the person who was the domestic partner of a member, as defined in Section , at the time of the member's death and who is entitled to be paid, against the claims or demands of any and all other persons thereto, the full amount of such member's accumulated contributions. "Eligible Survivor" shall refer to a person who is either an Eligible Surviving Spouse or Eligible Surviving Domestic Partner, as defined in this Subsection. (b) If a member, who at the time of Duty Related Death was not eligible for a disability retirement allowance pursuant to the provisions of Section (a) and Section of this chapter, leaves an eligible survivor, the latter may elect to receive a monthly allowance equal to the disability retirement allowance benefit the member would have received, as provided in Section of this chapter, had he or she completed five years of continuous service and had he or she been eligible for a disability retirement and had retired under a disability retirement on the day preceding the date of death and elected to receive the benefit as computed under the provisions of Section (a). In the event the member had completed less than twelve (12) months of service, the salary for the missing months shall be at the rate for the first month of service to arrive at the compensation earnable.

228 (c) If, at the time of Duty Related Death or Non-Duty Related Death, a member would have been eligible to receive a disability retirement allowance pursuant to Section and leaves an eligible survivor, the latter may elect to receive a monthly allowance equal to the amount the deceased member would have been entitled to if he or she had been so retired on the day preceding his or her death and elected to provide a continuing benefit under the provisions of Section (a). (d) The one hundred percent (100%) disability survivorship allowance hereinabove provided in Subsections (b) and (c) of this section shall consist of an annuity based upon the Eligible Survivor's age and the member s accumulated contributions, calculated in accordance with approved actuarial methods, supplemented by a pension to equal the remainder of the allowance so computed. (e) If an eligible survivor elects to receive the one hundred percent (100%) disability survivorship allowance hereinabove provided in Subsections (b) and (c) of this section, such eligible survivor shall thereby, upon the effective date of the allowance provided in this section, have no rights under the provisions of Section of this chapter, provided however, that said Eligible Survivor shall receive the benefits provided under the Family Death Benefit Insurance Plan, established in Section herein if said Eligible Survivor would otherwise have been entitled thereto. (f) If a member or former member, whose contributions are on deposit at the time of his or her death, had completed five or more years of continuous service with the City, notwithstanding the provisions of Section (a), the Eligible Survivor shall have the option of waiting until such time as the member would have been entitled to elect a service retirement allowance and shall then receive an allowance equal to that which the member would have received had the member retired under the provisions of Section (a) on the day first eligible to receive such benefit. An Eligible Survivor who opts to wait and to receive the allowance provided herein shall no rights under the provisions of Sections However, if he or she would otherwise have been entitled to the benefits provided under the Family Death Benefit Insurance Plan, an Eligible Spouse who exercises the option provided in this Subsection shall receive the benefits provided in Section , but only until such time as the optional benefit provided in this Subsection shall become payable, at which time his or her entitlement to benefits under Section shall cease. (g) The election by an eligible survivor under the provisions of this section constitutes and includes a complete waiver of any right he or she may otherwise have to a refund of contributions made pursuant to the provisions of Section (h) herein. (h) The Board of Administration, with respect to the determination of whether death of a member was attributable to Duty Related causes or Non-Duty Related causes, shall have the power to make such determination based upon such evidence as may be presented to it. Added by Ord. No. 147,053, Eff Amended by: Subsec. (a), Ord. No. 148,239, Eff ; Ord. No. 171,305, Eff ; Subsecs. (b), (c), (e), (f) and (g), Ord. No. 173, 237, Eff , Oper ; Ord. No. 182,196, Eff Sec Disability Retirement. (a) Applications for Disability Retirement. A written application for disability retirement may be made at any time within, but not exceeding, one year after the discontinuance of the service of an employee or the termination of any duly authorized sick leave with pay, provided such incapacity has been continuous from the discontinuance of such service. Eligibility requirements differ, depending upon the member's tier, as follows: (1) Members of Tier 1. Any member who has five or more years of continuous service and who has become physically or mentally incapacitated and who is incapable, as a result thereof, of performing his or her duties, may be retired upon written application of such member, or of any person acting in his or her behalf, or of the head of the department in which such member is employed. Any member retired on account of disability shall receive a disability retirement allowance which shall consist of: An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement calculated in accordance with approved actuarial methods as of the date of retirement; and A pension which shall be in such an amount that the same, when added to that portion of his or her annuity not derived from additional contributions paid to provide a larger annuity at the time of retirement, shall be a sum which shall be equal to one-seventieth (1/70) of his or her final compensation, as defined in Section , calculated as of the date of retirement, multiplied by the years of service of such member. If the sum resulting from this calculation should be an amount which represents less than one-third of the member's final compensation, in that case the disability retirement allowance shall be one-third of his or her final compensation. (2) Members of Tier 2. Any member who has ten or more years of continuous service and who has become physically or mentally incapacitated and who is incapable, as a result thereof, of performing his or her duties, may be retired upon written application of such member, or of any person acting in his or her behalf, or of the head of the department in which such member is employed. Any member retired on account of disability shall receive a disability retirement allowance which shall consist of:

229 An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement calculated in accordance with approved actuarial methods as of the date of retirement; and A pension which shall be in such an amount that the same, when added to that portion of his or her annuity not derived from additional contributions paid to provide a larger annuity at the time of retirement, shall be a sum which shall be equal to one-ninetieth (1/90) of his or her final compensation, as defined in Section (d), calculated as of the date of retirement, multiplied by the City service credit of such member. (b) The Board of Administration may, from time to time in its discretion, require any beneficiary under the age of sixty (60) years who shall have been retired because of disability to submit to medical examination by three regularly licensed practicing physicians selected by the Board. Upon the basis of such examination and other proper evidence, said Board shall determine whether such beneficiary is still incapacitated for service in the position held by the beneficiary at the time of his or her retirement. If the Board shall determine that such beneficiary is not so incapacitated, he or she shall be restored to duty in the position held by him or her at the time of said retirement order, and upon his or her return to active service his or her retirement allowance shall be canceled. (c) The failure, neglect, or refusal of any beneficiary, to submit to such medical examination as the Board may order pursuant to Subsection (b) hereof, or to return to active service pursuant to said subsection, within such reasonable time as the Board may determine, shall be sufficient cause for cancellation of such retirement allowance, in the discretion of the Board, in which event the only right that he or she shall have as a former member pursuant to Section of this Chapter is to receive a refund of his or her accumulated contributions, less any payments made on account of the annuity provided herein. If the Board should determine pursuant to Subsection (b) that a beneficiary is no longer incapacitated, but the beneficiary cannot be restored to duty in the position held by him or her at the time of retirement due to the beneficiary's termination or resignation, the Board shall cancel his or her retirement allowance and, as a former member, he or she shall have the rights set forth in Section of this Chapter, provided that, in the event he or she requests a refund of contributions, the accumulated contributions shall be reduced by any payments made on account of the annuity provided herein. (d) Any person heretofore or hereafter retired for disability by the Board, even though incapable of performing the duties of the position from which he or she has been or shall be retired, may be re-employed in a different vacant position if the Board of Civil Service Commissioners were to find that he or she is capable of performing the duties of such position, provided, however, that such person may be so re-employed only with the consent of the appointing authority for such position and the written consent of such person. The Board of Civil Service Commissioners shall adopt rules and regulations to effectuate the purpose of the foregoing provisions. Upon the re-employment of such person, his or her disability retirement allowance shall cease and, should he or she be eligible for membership in the Retirement System, he or she shall again become a member of the Retirement System. (e) Any beneficiary who re-enters the service of the City, as provided in Subsection (b) or (d) herein, and again becomes a member of the Retirement System, shall immediately upon such re-entry become a member of the tier of the Retirement System from which he or she was retired and shall make contributions accordingly. The balance, if any, of his or her accumulated contributions, after deducting the annuity payments made to him or her on account of a disability retirement allowance, shall be credited to the individual account of such member with the Retirement System, regardless of whether he or she becomes a member of the Retirement System or of another City retirement system upon re-employment. He or she shall receive credit for services rendered prior to the date of his or her retirement in the same manner as though he or she had never been retired for disability, but the payment of a disability pension shall not constitute compensation from the City entitling him or her to service for the period it was paid. If otherwise eligible, a member may purchase eligible service with another governmental entity for employment during periods in which he or she received a disability allowance. Members of Tier 2 may elect to make contributions, on a post-tax basis, in order to replace some or all of the contributions used to fund the annuity portion of his or her disability pension so as to reduce or eliminate the reduction that would otherwise occur to his or her service retirement allowance pursuant to the provisions of Section (g). The Board shall adopt rules to allow Tier 2 members to make contributions for this purpose. (f) The Board of Administration shall have the power to hear and determine all matters pertaining to the granting or termination of any retirement allowance provided for in this section, and the determination of the Board shall be final and conclusive. Added by Ord. No. 147,053, Eff Amended by: Ord. No. 173,349, Eff , Oper ; Ord. No. 182,196, Eff ; Subsecs. (a) and (e), Ord. No. 182,296, Eff Sec Loan Program for Applicants for Disability Retirement. The Board of Administration shall by rule establish a loan program for members who have made application for disability retirement or upon whose behalf an application has been made in accordance with the provisions of this chapter, provided that the loan program shall be in compliance with the provisions of Internal Revenue Code Section 72(p). The loan program shall further provide that in no event shall the amount of funds loaned to any member exceed the amount of contributions and interest in the member s LACERS account and that once a Board determination is made granting or denying a member s disability application, no further funds shall be lent to the member in connection with that application. Loan repayments will be suspended under this program as permitted under Section 414(u)(4) of the Internal Revenue Code. Added by Ord. No. 149,161, Eff Amended by: Ord. No. 173,237, Eff , Oper ; In Entirety, Ord. No. 174,820, Eff ; In Entirety, Ord. No. 175,767, Eff ; Last Para. deleted, Ord. No. 182,196, Eff

230 Sec Back Contributions for Periods of City Employment While Disability Pension Applications Were Pending and No Entitlement Existed to Receive Credit for City Service Six Months Limitation. Any member of the Los Angeles City Employees Retirement System who has, at any time, filed an application for the benefit of a disability retirement, which application was thereafter denied by the Board of Administration upon a finding by said Board that the applicant had not become physically or mentally incapacitated so as to be incapable of performing his or her duties, shall have the right to designate up to six months of the period while such application was pending for purposes of acquiring credit towards City Service as defined in Section , subject to the following conditions: 1. The designated period does not already entitle the member to service credit. 2. The maximum period to be designated is six months or the actual period of time while the application for disability retirement was pending, whichever was less. 3. If a member has applied more than once for disability retirement, the cumulative total period to be designated may not exceed six months or the time elapsed while applications were processed, whichever is less. 4. The right granted by said section shall be exercised in writing, filed with the Board of Administration, designating the period of City Service for which the member desires to receive retirement credit, and must be accompanied by a single payment of back contributions or by an irrevocable agreement to pay such back contributions in installments. The back contributions to be paid shall be in an amount equal to all of the contributions which he or she would have made to the Fund had he or she been making contributions during such period, based upon such person s Compensation Earnable before the discontinuance of his or her service, together with all regular interest which, had he or she so made the same, would have been credited thereon prior to the date of such payment; provided, however, that in the case of such installment payments thereof, the same shall be made pursuant to rules which shall be adopted by the Board of Administration establishing minimum amounts to be paid and the period of time therefor and providing the rate of interest which shall also be paid upon the unpaid balance of the same. Every member who makes up back contributions,as hereinabove provided, shall be allowed credit for the period of City Service designated in the declaration filed by him or her with the Board of Administration; provided, however, that should he or she, for any reason, cease to be a member before making up the full amount thereof, he or she shall be allowed retirement credit, counter-calendarwise, for the same portion of such designated period as the amount made up by him or her is of such full amount, and provided further, that should he or she cease to be a member by reason of his or her death, retirement credit shall be allowed for the whole period designated by him or her if his or her surviving spouse were to exercise the option which, under such circumstances, hereby is given to any surviving spouse to make a single payment of all of the unpaid installments with accrued interest thereon. Added by Ord. No. 154,050, Eff Amended by: First Para. and Para. (4), Ord. No. 173, 237, Eff , Oper ; Para. (4), Ord. No. 182,196, Eff Sec Computation of Allowances in Case of Early Retirement. Added by Ord. No. 147,053, Eff Amended by: Ord. No. 173, 237, Eff , Oper Repealed by Ord. No. 182,196, Eff Sec Computation of Allowances in Case of Early Retirement; Full Formula Retirement After 30 Years of Service and Attainment of Age 55. Added by Ord. No. 147,686, Eff Amended by: Title and section, Ord. No. 157,226, Eff , Oper Repealed by Ord. No. 182,196, Eff Sec Computation of Allowance in Case of Early Retirement; Full Formula Retirement After 30 Years of Service and Attainment of Age 55. (a) Except as otherwise provided in Subsection (b) of this section, service retirement allowances computed as provided in Section of this chapter shall, in case of early retirement, be modified by multiplying them by the factor set forth in the table below corresponding to a member s age taken to the completed quarter year / EARLY RETIREMENT REDUCTION FACTORS FOR 2.16 PERCENT FORMULA

231 45 1/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / and over 1.00

232 Service retirement allowances of members retiring after attaining age sixty (60) are not subject to reductions. (b) Any member who has completed thirty (30) or more years of service and has attained the age of fifty-five (55) may elect to retire and be paid a retirement allowance which would be payable to such member had he or she attained age sixty (60) at the time of such retirement without any reduction of said allowance as otherwise provided in Subsection (a) of this section. Added by Ord. No. 171,305, Eff Amended by: Subsec. (c), Ord. No. 172,808, Eff ; Subsec. (c), Ord No. 174,820, Eff ; Ord. 182,196, Eff Sec Survivor s Right to Designate the Beneficiary of Unused Accumulated Contributions and Accrued but Unpaid Allowances. The spouse or domestic partner who is receiving an allowance as a result of the death of a deceased member, referred to as the survivor for purposes of this Section, may file a beneficiary designation with the Board of Administration naming a beneficiary or beneficiaries for any accrued but unpaid allowance payable upon the survivor's death and, subject to the limitations set forth below, for the deceased member's unused accumulated contributions. Upon the survivor's death, any accrued but unpaid allowance shall be paid in the following order: to the survivor's designated beneficiaries; if none, to the children of the survivor; if no children, to the parents of the survivor; if no parents, to the executor or administrator of the estate of the survivor or to any other person or legal entity legally entitled to collect money due to the survivor. Should the survivor leave no one legally entitled to collect any accrued allowance, it shall be paid in the following order: to the deceased member's children or, if none, to the deceased member's parents, or if none, to the executor or administrator of the estate of the member or to any other person or legal entity legally entitled to collect money due to the deceased member. If the deceased member has failed to designate a beneficiary for the unused accumulated contributions or if the beneficiaries so designated by the deceased member have all predeceased the survivor, then upon the death of the survivor, the Board of Administration shall pay the unused accumulated contributions pursuant to the survivor's beneficiary designation on file with the Board; in the event the survivor has no beneficiary designation on file or the named beneficiaries have all predeceased the survivor, then the unused accumulated contributions shall be paid in the following order: to the deceased member's children or, if none, to the deceased member's parents, or, if none, to the executor or administrator of the estate of the survivor or to any other person or legal entity legally entitled to collect money due to the deceased survivor. Added by Ord. No. 117,053, Eff Amended by: Ord. No. 148,239, Eff ; Title and Section, Ord. No. 182,196, Eff Sec Medical examinations of Disability Retirement Applicants. Whenever the Board of Administration shall have before it for consideration or decision an application for disability retirement pursuant to the provisions of Section , the Board shall cause such member to be examined by and a written report thereon rendered by at least three regularly licensed, practicing physicians selected by said Board and shall hear such other evidence relating to such disability of such member as may be presented to said Board. If the member is terminally ill, the Board shall cause said member to be examined by only one regularly licensed, practicing physician selected by the Board. If, upon considering the report of such physician(s) and such other evidence as shall have been presented to it, said Board finds that said member has become physically or mentally incapacitated and is incapable, as a result thereof, of performing his duties and if said Board finds that such disability was not due to intemperance or the willful misconduct of such member, he shall be retired as of the date of the discontinuance of his service on account of such disability or termination of sick leave with pay. Added by Ord. No. 147,053, Eff Amended by: Ord. No. 171,410, Eff ; Ord. No. 173, 237, Eff , Oper Sec Requirements Concerning Proof of Disability in Case a Member Dies Subsequent to His or Her Application but Before Reports from Three Physicians can be Obtained. Whenever the Board of Administration shall have before it for consideration or decision an application for disability retirement pursuant to the provisions of Section by a member who died while he or she was waiting for the disability application to be processed and prior to reports of examination being obtained from three or more physicians selected by the Board, a disability retirement may be granted on the basis of fewer than three medical reports or no such reports subject to the following provisions: The Board must find: (a) That the applicant was physically or mentally incapacitated since the discontinuance of service and incapable of performing the duties of his or her position; and

233 (b) That the disabling condition(s) and death of the applicant were not due to the applicant s intemperance or willful misconduct. It shall be within the power of the Board to adopt all necessary rules to implement the provisions of this section including but not limited to rules regarding the type and quantity of evidence required to make a determination as required under the provisions of the last preceding paragraph of this section. In the event that an applicant's disability retirement is granted by the Board after his or her death, whether pursuant to the provisions of this Section or based upon three or more reports that were obtained from physicians selected by the Board, and he or she leaves a survivor eligible for a continuance of his or her disability retirement allowance as provided in Section , the retirement allowance payable to such deceased member shall be reduced so as to provide for a 100% disability survivorship allowance as if such deceased applicant had elected to provide a continuing benefit under the provisions of Section (a). Added by Ord. No. 151,860, Eff Amended by: Ord. No. 173, 237, Eff , Oper ; Last Para. added, Ord. No. 182,196, Eff Sec Past Service Credit for Former Members of the Fire and Police Pension Plans, Tiers 1 and 2, who Transferred Pursuant to Charter Section 1014 and Certain Provisions of Former Section 108 of the City Charter. Added by Ord. No. 154,877, Eff Amended by: Sec. Title, First Para., Subsecs. (a), (b), (c), (d), (e), (f), (g) and (h), Ord. No. 173, 237, Eff , Oper Repealed by Ord. No. 182,196, Eff Sec Accumulated Contributions May Be Refunded to Certain Employees. Any member whose employment status changes in such manner that he or she would be ineligible for membership pursuant to the provisions of Section (8) if not already a member, may file a written application, together with proof of status change, with the Board of Administration requesting that his or her membership in the Retirement System be terminated. Provided that he or she provides sufficient proof of status change, the Retirement System shall approve the request. If such request is approved, the former member shall become a member of the Pension Savings Plan for Part-time, Seasonal and Temporary Employees established in Chapter 16 of this Code, provided that he or she otherwise qualifies to participate in such plan. Unless federal law permits a withdrawal of contributions, the former member's accumulated contributions shall remain in the fund so long as he or she continues to be employed, in any capacity, by the City. Added by Ord. No. 147,053, Eff Amended by: Title and Section, Ord. No. 182,196, Eff Sec Immediate Vesting Of Retirement Benefits For Part-Time Employees Who Are Members Of The Los Angeles City Employees Retirement System. Added by Ord. No. 169,048, Eff Amended by: Ord. No. 173, 237, Eff , Oper Repealed by Ord. No. 182,196, Eff Sec Benefits for Employees Upon Their Change of Membership from the Water and Power Employees Retirement Plan to Membership in the Los Angeles City Employees Retirement System and for Members Who Change Membership from the Los Angeles City Employees Retirement System to the Water and Power Employees Retirement Plan. (1) Definitions. For the purpose of Section of the Los Angeles Administrative Code, the Los Angeles City Employees Retirement System will be referred to as the LACERS and the Water and Power Employees Retirement Plan as the WPERP. Members of the Los Angeles City Employees Retirement System will be referred to as System Members and the members of the Water and Power Employees Retirement Plan will be referred to as Plan Members. City Service or Service shall mean only those periods during which a member received compensation from the City as an employee and for which the member made contributions to either the LACERS or the WPERP. With respect to all other terms used in this section the definitions contained in Chapter 10 of the Los Angeles Administrative Code shall be applicable unless a different meaning is clearly indicated by the context. (2) Membership in the LACERS. A plan member shall become a system member immediately upon changing employment from the Department of

234 Water and Power to such other office, class, or position established by the City of Los Angeles as would make him or her eligible for membership in the LACERS, provided, however, that there is no break in service of more than seven calendar days. If there is a break in service of more than seven calendar days, the former plan member shall become a system member on the date that his or her entrance into such employment with the City of Los Angeles makes him or her eligible to become a system member. Membership shall entitle the system member to all benefits for retirement, disability and death for which he or she would qualify based upon his or her total service in both the LACERS and the WPERP. (3) Contributions of System Members who Transfer from the Department of Water and Power. A plan member who becomes a system member shall contribute to LACERS at the applicable rate provided in Section (4) (This subsection has been deleted as obsolete because LACERS contributions are no longer based on entry age.) (5) Election not to Participate in the Reciprocal Retirement Benefits Arrangement. A system member may, at any time prior to the expiration of a seven (7) month period following a change of employment from the Department of Water and Power, elect in writing as prescribed by the Board of Administration of the LACERS to commence membership with the LACERS as if such member had no previous City service if (a) the member withdraws his or her contributions from the WPERP or (b) leaves his or her contributions on deposit with the WPERP in order to qualify for a deferred retirement allowance from WPERP in the future. (6) Transfer of Members Accumulated Contributions and Service Credit Between WPERP and LACERS. Subject to the provisions of Subsection (12) of this section a member s accumulated contributions in the WPERP will be transferred from the WPERP to the LACERS in accordance with necessary administrative procedures to be developed between the WPERP Board of Administration and the LACERS Board of Administration, unless the system member has made one of the elections provided in Subsection (5) of this section. In the case of a system member who becomes a plan member by virtue of his or her change of employment to the Department of Water and Power and who has not made an election pursuant to the terms of the WPERP, the LACERS upon an appropriate demand for such transfer by the WPERP shall pay to the WPERP the former system member s accumulated contributions to the LACERS. (7) Treatment of Uncompleted Service Purchases. System members who, at the time of their transfer to membership in the LACERS, have commenced making service purchases with the WPERP for service but have not completed payment of the obligation undertaken by them, may complete the payment thereof with the LACERS at the same rate that was to be payable by them pursuant to the arrangements with WPERP to make such service purchase. (8) Continuous Service. Continuous service to determine a system member s eligibility for service or disability retirement shall include City service as defined in this section and not as defined in Section , provided however, that the system member has not exercised one of the elections provided in Subsection (5) of this section. (9) Family Death Benefit Insurance Plan. The phrase Death Benefit Plan Service as used in Section shall in the case of a plan member who transfers to the LACERS include such City service as a plan member for which the system member has made back contributions in accordance with the requirements set forth in Section of the Los Angeles Administrative Code. A system member in order to be eligible to make back contributions, must not have exercised one of the elections provided in Subsection (5) of this section. The mode of paying such back contributions in a lump sum or on an installment basis shall be decided by the Board of Administration of the LACERS which Board shall, within a reasonable time after the effective date of this section, adopt appropriate rules for the implementation of the provisions of this subsection. (10) Prohibition Against Dual Benefits. Benefits provided to system members as a result of the enactment of this section shall not be in addition to benefits provided by the WPERP on account of the occurrence or non-occurrence of any contingency or event which would under the provisions of the WPERP generate entitlement to a benefit or benefits. (11) Application of this Section to Current System Members; Waiver by LACERS of Funds from WPERP and the General Fund. A system member, on the effective date of this section, who has been a member of the WPERP prior to his membership in LACERS and who has not transferred or withdrawn his accumulated contributions from WPERP, shall be entitled to the benefits herein described upon making application for such benefits as provided herein, provided however, that no funds shall be provided by WPERP or the General Fund of the City in excess of a member s accumulated contributions. (14) Reciprocity of Benefit Provisions and Conditions Affecting this Section. It is the intent and purpose of this section to provide or help to provide portability between the LACERS and the WPERP. The achievement of complete portability of benefits is dependent upon appropriate action by the governing body of the WPERP. Should the implementation of any provisions of this section be possible only if some specific action is taken by the WPERP, then and as to such provisions only, the effect of this section shall be suspended until appropriate action has been taken by the WPERP. Added by Ord. No. 153,294, Eff , Amended by: Paras. (12) and (13) repealed, Ord. No. 168,732, Eff ; Sec. Title, Subsecs. (1), (2), (3), (4), (5), (6), (7), (8), (9), (11) and (14), Ord. No. 173, 237, Eff , Oper ; Subsecs. (2), (3), (4), (5), (7), (8) and (9), Ord. No. 182,196, Eff

235 Sec Compliance with Certain Internal Revenue Code Provisions. (a) Notwithstanding any other provisions of this chapter, the benefits payable to any person who becomes a plan member on or after January 1, 1990, shall be subject to the limitations set forth in Section 415 of the Internal Revenue Code. Effective for limitation years beginning on or after January 1, 2001, for purposes of applying the limitations of Section 415 of the Internal Revenue Code, compensation paid or made available during the limitation year shall include any amounts that are not includable in the gross income of the member by reason of Section 132(f)(4) of the Internal Revenue Code. For the purpose of applying the limitations of Section 415(e) of the Internal Revenue Code, the portion of the LACERS that constitutes a defined benefit plan shall be the portion subject to reduction in the event that Section 415(e) requires reduction of benefit or contributions. (b) The benefits payable to any person who became a plan member prior to January 1, 1990, shall be subject to the greater of the following: (1) The limitations set forth in Section 415 of the Internal Revenue Code; or (2) The accrued benefit of the member (determined without regard to any amendment made after October 14, 1987, as provided in Section 415(b)(10)(A) of the Internal Revenue Code. (c) If compliance with the provisions of Internal Revenue Code Section 415 and related sections would result in a lower level of retirement benefits for members on or after January 1, 1990 than for members prior to that date, then the Council shall provide, by ordinance, an alternative means of maintaining for such members the level of benefits in effect for members as of December 31, (d) If any of the limitations of Section 415 of the Internal Revenue Code should be repealed, the provisions of this section shall be deemed repealed to the same extent. (e) Nothing contained in this section shall limit the City Council from modifying benefits to the extent such modifications are permissible by City Charter and applicable State and Federal law. (f) Notwithstanding any provision of this plan to the contrary, effective December 12, 1994, contributions, benefits, and service credit with respect to qualified military service while an employee will be provided in accordance with Section 414(u) of the Internal Revenue Code. Added by Ord. No. 165,334 Eff Amended by: Subsec. (a) Unnumbered Para. added by Ord. No. 171,487, Eff ; Subsec. (a), Ord. No. 173, 237, Eff , Oper ; Subsec. (a) amended, Subsec. (f) added, Ord. No. 175,767, Eff Sec Payments Upon Death. (a) Upon the death of any member before retirement: (1) The member s accumulated contributions shall be paid to such person or legal entity as the member shall have nominated by written designation duly executed and filed with the Board of Administration or, if there be no such written designation of beneficiary, then to the surviving spouse of such deceased member, or to the member s children in the event there be no surviving spouse, or to the member s parents in the event there be no surviving spouse or children. In the event there be no written designation of beneficiary, surviving spouse, children or parents, then said accumulated contributions shall be paid to the executor or administrator of the estate of such deceased member, or to any other person or legal entity legally authorized to collect money due the decedent. (2) In the event such member shall have had at least one year of City service for which the member is entitled to receive retirement credit, then a limited pension shall be paid as provided herein. The limited pension shall be paid in equal monthly payments of one-half of the average monthly compensation earnable of such member during the member's last year of service. For each year of service, not to exceed six years, two monthly payments shall be paid, not to exceed a total of 12 monthly payments for six or more years of service. Such limited pension shall be paid to the surviving spouse or domestic partner of such deceased member or to the minor children of such member, in the event there shall be no surviving spouse or domestic partner. The payment to a minor child shall continue beyond the month the child reaches age 18 if the child was a minor on the date of the member's death. In the event there be no surviving spouse or domestic partner or minor children, the limited pension shall be paid to the dependent parents of such member. However, no limited pension shall be paid in the event the Board of Administration, upon investigation and after a hearing in the matter, finds that the death of such member was due to or resulted from the intemperance or the willful conduct of such member. In the event any such beneficiary should die before receiving the full amount of such limited pension, the same shall be continued to the persons who, in the order hereinabove set forth, qualify as beneficiaries thereof as of the date of death of such deceased beneficiary and who, within sixty (60) days after such date make demand for payment thereof; provided, however, that in the event no such demand is made within such time, the said limited pension shall conclusively be deemed to have been terminated as of such date of death. (3) In the event such member was eligible to retire pursuant to the provisions of Section or (e) of this Chapter and that the person or persons entitled to be paid such limited pension is or are the same person or persons entitled to be paid, against the claims or demands of any and all other

236 persons thereto, the full amount of such member s accumulated contributions, then such person or persons may, by a written instrument duly executed, acknowledged and filed with the Board of Administration, waive payment of such limited pension and such accumulated contributions and elect to be paid, in lieu thereof, the optional retirement allowance which would have been paid to such member throughout his or her life and continued, upon his or her death, throughout the life or lives of such person or persons as his or her designated survivor or survivors, had the member, as of the day preceding his or her death, been retired pursuant to the provisions of Section (a)(1) of this chapter and designated such person or persons as his or her survivor or survivors. The duly appointed, qualified and acting guardian of the estate of a minor child or an incompetent shall make such waiver and election on behalf of such minor child or incompetent. In no event shall the benefits of this subdivision be payable to any person after the allowance of a limited pension pursuant to the provisions of Subdivision (2) of this subsection nor shall the limited pension be payable to any person after the allowance of the benefits of this section. If a spouse or domestic partner of a Tier 1 member makes the election authorized herein, the provisions of Section (h) of this Chapter shall apply. (b) Upon the death of a member after retirement, or, upon the death of all of the member s survivors to whom a retirement allowance was paid, the unused contributions and any accrued but unpaid retirement allowance shall be paid in the same manner as that provided in Subdivision (1) of Subsection (a) of this section for the payment of the accumulated contributions of a member who dies before retirement, provided, however, that the member or any survivors shall not have received a retirement allowance pursuant to which no refund of contributions is payable upon the death of the member or his or her last survivor, in which case no contributions shall be refundable. For the purpose of this subsection, the phrase unused contributions shall be the remainder, if any, of the accumulated contributions of such deceased member after deducting the total of all amounts paid on account of any annuity to such member and to his or her survivor or survivors, provided that there shall be no unused contributions in the event that the member or any survivors received a retirement allowance pursuant to which no refund of contributions is payable upon the death of the member or his or her last survivor. (c) Upon the death of every member after retirement provided that such death occurred on or after October 2, 1996, the sum of $2500 shall be paid to such person or legal entity as the member shall have nominated by written designation duly executed and filed with the Board of Administration or to the surviving spouse of such deceased member, in the event no such designation is filed, or to his or her child or children, in the event there be no designated beneficiary or surviving spouse, provided that such payment shall be made only after satisfactory evidence has been presented to the Board showing that the expense of burial of such deceased member has been paid or that the obligation to pay therefor has been assumed by a person or persons or an organization legally capable of contracting such obligation. The fact of burial, as evidenced by a certified copy of the death certificate, shall be sufficient evidence of compliance with the requirements stated in the foregoing sentence. In the event there be no designated beneficiary, surviving spouse or child or children, or in the event the requirements herein stated with respect to the expense of burial of such member have not been complied with within such time as said Board in its discretion may determine, then the payment of the amount specified in this subsection shall be paid to the executor or administrator of the estate of such deceased member or to any other person or legal entity legally authorized to receive money due said decedent. (d) The right to payment of the member's accumulated contributions upon the member's death before retirement, as provided in Subsection (a) herein, and the right to payment of the member's unused contributions, as provided in Subsection (b) herein, upon the later of the death of the retired member or the retired member's survivor to whom an allowance was paid, is a vested property right of the person(s) entitled to such payment, provided, however, that should the person(s) entitled thereto fail to claim this benefit within ten years from the date of such death, the funds shall revert to the Retirement Fund, unless and until, the Board of Administration receives a valid belated claim for payment determined at the sole discretion of the Board of Administration. Any death benefit payable shall be subject to mandatory minimum distribution as required by the Internal Revenue Code provided that the funds that are required to be distributed shall revert to the Retirement Fund if the person(s) entitled to the funds refuses to cooperate in electing to be paid such funds or cannot be located and the Retirement System has followed Internal Revenue Service procedures to locate such person(s). Added by Ord. No. 171,305, Eff Amended by: Ord. No. 173,349, Eff , Oper ; Subsecs. (a)(2) and (a)(3) amended and Subsec. (d) added, Ord. No. 182,196, Eff ; Subsec. (a)(3), Ord. No. 182,296, Eff Sec Family Death Benefit Insurance Plan. For the protection of the families of members who die before retirement, the following death benefit plan is hereby established: (a) "Family Death Benefit Insurance Plan" shall mean the death benefit plan established in this Section for the protection of the families of members who die before retirement. For purposes of this Section "Plan" shall refer to the Family Death Benefit Insurance Plan. "Family Death Benefit Plan Member" shall include only a member of the Retirement System who elects to participate in the coverage provided by this Section. Such election shall be made in writing and may be filed with the Board of Administration at any time after the completion of 18 months of service. A Family Death Benefit Plan Member may cancel participation in the Plan by filing written notice with the Board of Administration of such cancellation and, from and after the first day of the calendar month next succeeding such filing, no contributions on account of the Plan shall be taken. No benefit shall thereafter be paid under the provisions of Subsection (b) of this Section for service rendered prior to such cancellation nor shall such former participant be again eligible to participate in the Plan until he or she has completed 18 or more months of service subsequent to the date of such cancellation.

237 "Death Benefit Plan Service" shall include only months of service as a contributing Family Death Benefit Plan Member. "Survivor" for purposes of this Section only, shall mean the surviving spouse or surviving domestic partner of the member and shall not include any other person(s) who survives the member. Benefits payable under this Section are subject to earning limitations and, accordingly, may be subject to reduction. Benefits to certain recipients may also be terminable in the event of the person's marriage. Every person receiving payments under the provisions of this Section therefore shall make such reports relative to employment, earnings, and marital status as the Board may determine, and failure to furnish any such report within the time and in the manner specified by said Board shall be cause for the suspension or cancellation of any further payments as said Board may in its discretion determine. No payments shall be made under this Section on account of the death of a member in which the optional survivorship allowance provided by Section (a)(3) of this Chapter is selected. In the event that the optional survivorship allowance provided by Section (f) of this Chapter is selected when the member dies, benefits may be temporarily paid under this Section provided that all benefits payable pursuant to this Section shall terminate on the day before the effective date that payments begin pursuant to the provisions of Section (f). (b) Upon the death of a Family Death Benefit Plan Member who has completed at least 18 months of Death Benefit Plan Service: (1) The Survivor of such member, having the care and custody of such member's child or children under the age of 16, shall receive a monthly allowance as provided in Subsection (d) until such time as he or she shall marry. (2) The Survivor, natural parent or adoptive parent of a member's child or children under the age of 18, having care and custody of such child, shall receive a monthly allowance as provided in Subsection (d). (3) In the event there are surviving children under the age of 18 who are not in the care or custody of the member's Survivor, or in the care of custody of the child's natural or adoptive parent, there shall be paid to the legally appointed guardian of estate of the member's child or children a monthly allowance as provided in Subsection (d). The allowance payable to a Survivor under Paragraph (1) of this Subsection shall be paid only so long as such person remains unmarried and has a child or children under the age of 16 in his or her care and custody on whose account an allowance is payable under this Subsection. The phrase "child or children under the age of 18" shall include, in addition to a child who has not attained his or her 18th birthday as of the date of the member's death, any child who, before reaching the age of 22, has become unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or to be of long continued and indefinite duration. The allowance payable on account of every child shall cease when such child reach the age of 18 unless such child was, or has become, disabled as in this paragraph provided, in which case payments on account of such a disabled child shall be continued for the duration of the disability. The Board of Administration shall have the power to hear and determine all matters pertaining to the degree and the duration of any child's disability and the determination of said Board shall be final and conclusive. (c) Upon the death of a Family Death Benefit Plan Member, who has at least 120 months of Death Benefit Plan Service: (1) If there be a Survivor or children of such member eligible to receive payments under Subsection (b), such payments shall be made as therein provided; (2) Upon reaching age 60, the Survivor of such member, if he or she has not married since the member's death and is not entitled to a Survivor's payment under Subsection (b), shall be paid a monthly pension as provided in Subsection (e). (3) Upon reaching age 50, the Survivor of such member who is found to unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or to be of long continued and indefinite duration, if he or she has not married since the member's death and is not entitled to a Survivor's payment under Subsection (b), shall be entitled to receive the benefit provided in Subsection (e) with such actuarial adjustment as provided by Board rule. The Board of Administration shall have the power to hear and determine all matters pertaining to the degree and the duration of any Survivor's disability and the determination of said Board shall be final and conclusive. (4) In the event the member is not survived by a Survivor or children, but is survived by a parent or parents who during the last year of the member's service had received at least 1/2 of their necessary living expenses from such member, there shall be paid to each such parent a monthly pension as provided in Subsection (f); provided, however, that such payments shall not begin before the parent has reached age 62 and no payment shall be made to a parent who has married subsequent to the member's death. In order to qualify for this benefit, the parent(s), regardless of their age at the time of the member's death, must within a period of six months following the member's death file a claim with the Board of Administration for such benefit and establish to the satisfaction of said Board the fact of dependency as provided herein. Failure for any reason to file such claim within the time herein specified shall forever bar the right of such parent or parents to assert a claim to such benefits. (d) Effective December 16, 1996 and ongoing, the monthly allowance to be paid pursuant to Subsection (b) shall be as follows: Survivor with one child -$1,875.00

238 Survivor with two children -$2, No survivor: 1 child -$ children -$1, children -$2, (e) Effective December 16, 1996 and ongoing, the monthly allowance payable to a Survivor pursuant to Subsection (c) shall be as follows: For payments beginning at age 60 -$ For payments beginning at age 61 -$ For payments beginning at age 62 -$ For payments beginning at age 63 -$ For payments beginning at age 64 -$ For payments beginning at age 65 or older -$ (f) follows: Effective December 16, 1996 and ongoing, the monthly allowance payable to a dependent parent(s) pursuant to Subsection (c) shall be as For one dependent parent -$1, For two dependent parents -$1, (g) Full power and authority is hereby vested in the Board of Administration to make such changes in the conditions set forth in Subsections (b) and (c) of this section governing entitlement to and continued payment of the benefits therein provided, as will from time to time, make such conditions comparable to and in substantial accordance with the conditions governing the respective Survivor Benefits under the Old-Age, Survivors and Disability Insurance (OASDI) Program. In addition, the Board shall establish an earnings test and provide for a reduction in the payments to be made under this section, which test and reduction in payments shall be in substantial accordance with the earnings test and reduced payments on account of earning established under the OASDI Program. It is the intent, meaning, and purpose of this Subsection to provide a means whereby entitlement to and continuance of benefit payments to the surviving children, Survivor, or parents of a deceased Family Death Benefit Plan Member shall be in substantial accordance with the conditions governing entitlement to and continuance of the comparable Survivor Benefits under the OASDI Program. The rights granted to Family Death Benefit Plan Members under this Section shall be cumulative in the event that benefits become payable to children whose parents were both Family Death Benefit Plan Members at the time of their respective deaths. (h) Full power and authority is hereby vested in the Board of Administration to make such changes in the conditions set forth in Subsection (b) of this section governing entitlement to and continued payment of the benefits therein provided, as will, from time to time, make such conditions comparable to and in substantial accordance with the conditions governing the respective Survivor Benefits under the OASDI Program. In addition, the Board shall establish an earnings test and provide for a reduction in the payments to be made under this section which test and reduction in payments shall be in substantial accordance with the earnings test and reduced payments on account of earnings established under the OASDI Program. It is the intent, meaning, and purpose of this subsection to provide a means whereby entitlement to and continuance of benefit payments to the surviving children, widow, widower, or parents of a deceased Family Plan Member shall be in substantial accordance with the conditions governing entitlement to and continuance of the comparable Survivor Benefits under the OASDI Program. It shall be the duty of every person receiving payments under the provisions of this section to make such reports relative to employment, earnings, and marital status as the Board of Administration may determine, and failure to furnish any such report within the time and in the manner specified by said Board shall be cause for the suspension or cancellation of any further payments as said Board may in its discretion determine. Added by Ord. No. 171,395, Eff Amended by: Ord. No. 173,349, Eff , Oper ; Ord. No. 182,196, Eff Sec Direct Rollovers. (a) This section applies to distributions made on or after January 1, Notwithstanding any provision of the Los Angeles City Employees Retirement System to the contrary that would otherwise limit a distributee s election under this part, the distributee of an eligible rollover distribution may elect to have any portion of an eligible rollover distribution that is equal to at least $200 paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

239 (b) Definitions. Eligible rollover distribution : An eligible rollover distributions is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal period payments made for the life of the distributee or the joint lives of the distributee and the distributee s designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income; and any other distribution(s) that is reasonably expected to total less than $200 during a year. On or after January 1, 2002, a portion of a distribution that is not includable in gross income, but that otherwise qualifies as an eligible rollover distribution, is an eligible distribution provided that the eligible retirement plan designated to receive such portion of a distribution is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code or a qualified defined contribution plan described in Section 401(a) or 403(a) of the Internal Revenue Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution, which is includable in gross income and the portion of such distribution, which is not so includable. Eligible retirement plan : An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code or a qualified plan described in Section 401(a) of the Internal Revenue Code that accepts a distributee s eligible rollover distribution. On or after January 1, 2002, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code, maintained by an employer described in Section 457(e)(1)(A) of the Internal Revenue Code, and annuity contract described in Section 403(b) of the Internal Revenue Code, are also eligible retirement plans. However, prior to January 1, 2002, in the case of an eligible rollover distribution to the surviving spouse or other designated beneficiary, an eligible retirement plan is an individual retirement account or individual retirement plan annuity only. Distributee : A distributee means an employee, former employee, spouse or former spouse of an employee or former employee eligible for a rollover distribution. Direct rollover : A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Added by Ord. No. 171,487, Eff Amended by: Ord. No. 173,237, Eff , Oper ; In Entirety, Ord. No. 174,820, Eff Sec Trustee-to-Trustee Transfers to LACERS. The Board of Administration may, notwithstanding any restrictions upon the method of such payment specified elsewhere, provide by rule that any member eligible to: (1) make up back contributions, (2) re-deposit contributions, (3) buy back service credit, (4) make up contributions for periods during which Workers Compensation was received, (5) make additional contributions to purchase a larger annuity provided it is determined cost-neutral by the actuary or (6) make any other payment in order to receive an increased benefit, may make full or partial payment for these purposes by a direct trustee-totrustee transfer of funds from any eligible retirement plan (as defined in Section 402(c)(8)(B) of the Internal Revenue Code) as permitted under current federal and state law or under these laws as amended in the future. Should this transfer constitute a partial payment, any additional payment received in a lump sum shall together with the amount transferred directly be considered one payment for purposes of this Chapter. Added by Ord. No. 174,820, Eff Amended by: In Entirety, Ord. No. 175,092, Eff Sec Reciprocal Benefits with the Public Employees Retirement System. (a) Uniform Reciprocal Provisions. The purpose of these reciprocal provisions is to extend to the members of other public agency retirement systems (hereinafter reciprocal system ) which adopt similar reciprocal provisions into their retirement ordinances or plans pursuant to Sections 20351, 20353, and of the Government Code, and who by contract agree to extend the benefits thereof to the Los Angeles City Employees Retirement System (hereinafter this system ), the following rights in this system, provided such member enters into employment under this system or the reciprocal system within six months of

240 terminating his or her employment under such other or this system: (1) Notwithstanding any provisions of this plan or a reciprocal system plan in the matter of vesting, a member whose movement between systems occurs as herein specified shall have the right to elect to leave his or her accumulated contributions on deposit irrespective of the amount of such contributions or the length of service credited to him or her. (2) The age of entry for a person entering this system for purposes of fixing member contribution rates from a reciprocal system shall be his or her age at entry into such reciprocal system. (3) The average monthly salary during any period of service as a member of a reciprocal system shall be considered compensation earnable by a member of this system for purposes of computing final compensation for such member, provided he or she retires concurrently under both systems and is credited with such period of service under the reciprocal system at the time of retirement. (4) Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under this system, shall also include service rendered as an officer or employee of a reciprocal system if the salary for such service constitutes compensation earnable by a member of this system. (5) A member shall be retired for disability and receive a retirement allowance based on the service credited to him or her at the time of retirement during any period in which he or she receives a disability retirement allowance under a reciprocal system; provided, that such allowance shall not exceed an amount which when added to the allowance paid under the reciprocal system equals the allowance which would be paid for a non-industrial disability if all the member s service had been credited under the reciprocal system; and provided further, that such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member s contributions, whether or not the disability is for industrial reasons. (6) The death benefit for a member who dies from non-industrial causes as a member of a reciprocal system shall not exceed an amount which when added to the death benefit paid for such member under the reciprocal system equals the maximum death benefit payable under that system; provided, however, that such death benefit shall be at least the amount of the accumulated contributions; and, provided further, that if death is caused by industrial injury or disease in the reciprocal system the death benefit shall be the amount of the member s accumulated contributions. (7) The governing body of this system shall on the request of a reciprocal system supply information and data necessary for administration of such system as it is affected by membership in and service credited under this system. (8) Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the Public Employees Retirement System Act County Employees Retirement reciprocal provisions upon which they are based. (9) These provisions shall apply only to a member whose termination and entry into employment resulting in a change in membership from this system to such other system or from such other system to this system occurred after such acceptance by the board or after the effective date specified in the agreement; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have applied had the termination and entry into employment occurred after such acceptance or determination by a system s governing board. (10) Rights under this System shall be modified as necessary to conform to amendments to the Public Employees Retirement Law or the County Employees Retirement Law of 1937 as provided in Section 20353, Government Code. Added by Ord. No. 171,656, Eff Amended by: Subsec. (a), Ord. No. 173,237, Eff , Oper Sec Separate Account Option under Court Orders Dividing Community Property If Legal Separation or Dissolution Occurs Prior to the Member s Retirement. When a court of competent jurisdiction orders the division of community property prior to the member s date of retirement, the court may order that the accumulated contributions plus regular interest and service credit attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the member and the nonmember, respectively. Any service credit or accumulated contributions that are not explicitly awarded by the court order shall be deemed the separate property of the member, in which the nonmember shall have no further interest. The nonmember who is awarded a separate account under this Section shall be required to make an irrevocable written election to either receive a refund of contributions or a separate account allowance, provided he or she must be eligible for the option that is elected. If said election is not timely made, the nonmember shall be deemed to have chosen a refund of contributions. Added by Ord. No. 171,885, Eff Amended by: Second Para., Ord. No. 182,196, Eff

241 Sec Definitions. "Nonmember" as used in this Section means the spouse or former spouse of a member who, as a result of petitioning the court for the division of community property, has been awarded a separate account reflecting specific credited service and accumulated contributions. Spouse and former spouse, as those terms are used in this Section, shall also include any person, such as a state registered domestic partner, who is required to be treated the same as a spouse pursuant to the provisions of Subsection (f) of Section and who has been awarded a community property interest in the member's benefits as specified herein. Separate Account Allowance as used in this section means the monthly amount remitted to a nonmember based on the division of community property, by a court of competent jurisdiction, into a separate account reflecting specific credited service and accumulated contributions, actuarially reduced to provide an annuity for life. Final monthly average compensation, for a nonmember only, is the monthly average of the member s highest consecutive twelve months of salary at the time of separation. Added by Ord. No. 171,885, Eff Amended by: First Para., Ord. No. 182,196, Eff Sec Benefits Available to Nonmember Awarded a Separate Account. (a) Refunds of Contributions. (1) A nonmember who is awarded a separate account shall have the right to a refund of the accumulated contributions plus regular interest in the separate account of the nonmember. A nonmember who elects a refund of contributions is deemed to have permanently waived all rights in this system and all rights to any future retirement benefits pertaining to the service credit, accumulated contributions or both when the refund becomes effective. The nonmember may not cancel a refund once it has become effective nor may the nonmember redeposit a refund once it has been paid. (2) If at the time of separation the member does not have five (5) years of service credit in the System, the nonmember who has been awarded a separate account shall only receive a refund of the accumulated contributions and regular interest placed in the nonmember s account. (3) A nonmember who has elected a refund of contributions or whose only separate account right is to a refund of contributions shall not have interest credited to the contributions in his or her separate account after the date of the member's retirement or death, whichever occurs first. The nonmember's right to receive a refund of all the contributions in his or her account on such date is a vested property right, provided, however, that should the nonmember fail to request a refund within ten (10) years from the date of the member's death or retirement, as applicable, said contributions shall be removed from the nonmember's separate account and shall revert to the Retirement Fund, unless and until the Board of Administration receives a valid belated refund request, determined at the sole discretion of the Board of Administration, which shall be granted. If the nonmember attains age 70 1/2 with contributions still on deposit in his or her separate account, his or her contributions shall be subject to mandatory distribution as required by the Internal Revenue Code, provided that, if such person cannot be located and paid such mandatory distribution and the Retirement System has followed Internal Revenue Service procedures to locate the beneficiary, such funds shall revert to the Retirement Fund as provided above unless and until the Board of Administration receives a valid belated refund request, determined at the sole discretion of the Board of Administration, which shall be granted. (b) Separate Account Allowance. (1) A nonmember who is awarded a separate account shall have the right to a Separate Account Allowance paid monthly for life unless the nonmember has elected to receive or has received a refund of contributions. The Separate Account Allowance shall terminate upon the death of the nonmember. (2) A nonmember shall be entitled to receive a Separate Account Allowance if both of the following conditions are met: (i) (ii) On the date of separation the member had five (5) years of service credit in the System; and The member was eligible to receive a service retirement allowance on the date that the separate account allowance begins. (3) The amount of the Separate Account Allowance shall be based on the service retirement formula in effect on the date of separation applicable to the service credited to the nonmember by the employer and the effective date of the nonmember s Separate Account Allowance, actuarially reduced to provide an annuity for life. The Separate Account Allowance shall be subject to all cost-of-living and discretionary increases. (4) The Separate Account Allowance shall consist of a pension and a life annuity, the latter of which shall be derived from the nonmember s accumulated contributions. (c) Election of Nonmember Benefits. The nonmember may make an irrevocable election, in writing, to receive the benefit provided under this Section as

242 either a refund of contributions or a Separate Account Allowance at any time after the entry of the court order and before the member's retirement or death, whichever occurs first. A nonmember who elects a refund of contributions may request a refund of contributions at the time the election is made or any time thereafter. A nonmember who elects a Separate Account Allowance may request the allowance to begin at the time the election is made or at any time thereafter so long as the conditions set forth in Subsection (b) have been met by the date the monthly allowance is to begin. The nonmember shall be deemed to have elected a refund of contributions if an irrevocable written election is not made either prior to the member's retirement or death, whichever occurs first, or within such period following the retirement or death as provided by Board rule. The Board of Administration shall adopt rules establishing a limited period following the member's retirement or death, as applicable, in which a nonmember who has not yet made an election may be allowed to make an irrevocable written election. If within the period established by Board rule the nonmember elects to take a separate account allowance, the allowance shall begin on the day prior to the member's retirement or death, as applicable, so long as the conditions set forth in Subsection (b) have been met by that date. (d) Benefits not Granted to Nonmember. A nonmember whose dissolution is final shall not be entitled to any disability retirement allowance, any basic death benefit, any special death benefit, any monthly allowance for survivors of a member or retired person, any insurance benefit, medical or dental subsidy, or retired member lump-sum death benefit. No survivor continuance allowance shall be payable to a survivor of a nonmember. Added by Ord. No. 171,885, Eff Amended by: Subsec. (a)(3) added and Subsecs. (b)(2) and (c) amended, Ord. No. 182,196, Eff Sec Calculation of Member s Service Retirement Allowance. A member whose retirement is divided under the provisions set forth above shall receive a monthly retirement allowance based on all service credit and his or her final compensation at the date of retirement as provided under the provisions of this Chapter, subject to reduction by the value of the separate account determined as follows: (a) If the separate account was paid as a refund of contributions, the service credit and contributions awarded to the nonmember shall not be included in the calculation of the member's retirement allowance except to the extent that the member has re-deposited funds as provided in Section (a) of this Chapter. (b) If the nonmember elected to receive a Separate Account Allowance, the service credit and contributions awarded to the nonmember shall not be included in the calculation of the member's retirement allowance except to the extent that the member has paid to purchase service credit as provided in Section (b) of this Chapter. (c) If the nonmember has not elected to receive either a refund of contributions or a Separate Account Allowance prior to the member's retirement, the service credit and contributions awarded to the nonmember shall not be included in the calculation of the member's retirement allowance. Added by Ord. No. 171,885, Eff Amended by: Ord. No. 182,196, Eff Sec Calculation of Member s Disability Retirement Allowance. Members whose retirement is divided under the provisions set forth above shall receive a monthly disability retirement allowance as provided for in Section except that the portion of accumulated contributions credited to the nonmember will be treated as missed deductions in the member account. Added by Ord. No. 171,885, Eff Amended by: Ord. No. 173, 237, Eff , Oper Sec Buy Back of Funds Allocated to Nonmember. (a) If a nonmember receives a refund of contributions and interest, the member may redeposit these funds together with any accumulated interest these funds would have earned if the refund had not occurred to the System subject to rules adopted by the Board of Administration, and receive full credit for the period of time represented by these funds. (b) If a nonmember elects to receive a Separate Account Allowance, the member may purchase service credit not to exceed the years of service credited to the nonmember. The purchase of this service credit shall be the full actuarial cost and subject to rules adopted by the Board of Administration. Added by Ord. No. 171,885, Eff

243 Sec Duties and Responsibilities of the Board of Administration. The Board of Administration of the Los Angeles City Employees Retirement System shall adopt rules to administer separate accounts ordered by a court of competent jurisdiction and shall formulate benefits applicable to these separate accounts in such a way that no additional actuarial liability is incurred either by the System or by the City. Added by Ord. No. 171,885, Eff Amended by: Ord. No. 173, 237, Eff , Oper Sec Former Spouse Option to Receive an Annuity for Life. When a court of competent jurisdiction does not order a separate account as specified in Section , but instead awards the former spouse a portion of the retirement benefits payable to the member and to the member's surviving spouse or domestic partner (survivor), if any, the former spouse, in lieu of receiving his or her portion of the benefits payable based upon the lifetime of the member and/or survivor, may instead make an irrevocable election to convert his or her interest in such retirement benefits into an actuarially equivalent life annuity payable for the lifetime of the former spouse. If the member has not yet retired, the former spouse must make this irrevocable election to receive a life annuity in writing prior to receiving payment of his or her community property portion of the retirement allowance. If the member has already retired, the election must be made at the time the former spouse requests direct payment of his or her community property portion of the retirement allowance. If this irrevocable election is not made prior to the applicable times specified herein, the former spouse will be deemed to have waived the right to elect to receive a life annuity. Former spouse, as used in this Section, shall also include any person, such as a state registered domestic partner, who is required to be treated the same as a spouse pursuant to the provisions of Subsection (f) of Section and whose legal relationship has been terminated by a court order that provides for a division of the parties' community property interest in the member's benefits. Added by Ord. No. 171,885, Eff Amended by: Ord. No. 182,196, Eff CHAPTER 11 HEALTH AND WELFARE PROGRAMS FOR RETIRED CIVILIAN EMPLOYEES (Title Amended by Ord. No. 182,196, Eff ) Article 1 Purpose and Administration of Retired Employee Health and Welfare Programs 2 Authorized Health and Welfare Programs 3 Medical Plan Premium Subsidy 4 Medicare Part B Premium Reimbursement Program 5 Dental Plan Premium Subsidy 6 Medical Premium Reimbursement Program 7 Survivor Medical Plan Premium Subsidy 8 Retiree Health Insurance Reciprocal Subsidy Credit Program (LACERS and LACERA) ARTICLE 1 PURPOSE AND ADMINISTRATION OF RETIRED EMPLOYEE HEALTH AND WELFARE PROGRAMS (Title Amended by Ord. No. 182,196, Eff ) Section Purpose of Programs Funding of Programs Administration Definition of Health Service Credit.

244 Sec Purpose of Programs. It is the purpose of this Chapter to establish Los Angeles City Employees Retirement System ( LACERS ) health and welfare programs, as authorized by the City Council, for employees who are retired pursuant to the provisions of Division 4, Chapter 10 of the Administrative Code and their eligible dependents. Added by Ord. No. 145,067, Eff Amended by: Ord. No. 173,272, Eff , Oper ; Chapter and Section In Entirety, Ord. No. 174,365, Eff ; Title, Ord. No. 182,196, Eff Sec Funding of Programs. The health and welfare programs authorized in this Chapter, including all administrative costs, shall be funded solely from the 401(h) account within the Los Angeles City Employees' Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles. Added by Ord. No. 182,196, Eff Sec Administration. The health and welfare programs established in this Chapter shall be administered by the Board of Administration of the Los Angeles City Employees' Retirement System (Board). In furtherance thereof, the Board shall contract for suitable plans as authorized in Article 2 of this Chapter to be made available to former employees retired pursuant to the provisions of Division 4, Chapter 10 of the Administrative Code, and shall have the power to adopt such rules as it deems necessary to administer the health and welfare programs. Added by Ord. No. 145,067, Eff Amended by: Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,365, Eff ; Ord. No. 182,196, Eff Sec Definition of Health Service Credit. For purposes of this Chapter, Health Service Credit shall include any service credit authorized in Chapter 10 of Division 4 of this Code which may be taken into consideration for purposes of qualifying for benefits provided in this Chapter, but shall exclude any buy back of service under Section or any other provision that prohibits purchased service or service credit from being used to qualify for benefits provided in this Chapter. Provided, however, that employees whose service credit is based on periods of part-time and less than full-time employment and who became members of the Los Angeles City Employees' Retirement System prior to April 23, 1990, shall receive full, rather than pro-rated, Health Service Credit for periods of service for which their service credit is pro-rated due to being less than full-time. Added by Ord. No. 182,196, Eff ARTICLE 2 AUTHORIZED HEALTH AND WELFARE PROGRAMS Section Establishment of Programs Discretionary Medical Plan and Dental Plan Benefit Changes. Sec Establishment of Programs. The following health and welfare programs are established herein: (a) A Medical Plan Program which the Board is to administer in accordance with the provisions of Section and Article 3 of this Chapter. (b) A Medicare Part B Premium Reimbursement Program which the Board is to administer in accordance with the provisions of Section

245 and Article 4 of this Chapter. (c) A Dental Plan Program which the Board is to administer in accordance with the provisions of Section and Article 5 of this Chapter. (d) A Medical Premium Reimbursement Program which the Board is to administer in accordance with the provisions of Section and Article 6 of this Chapter. (e) A Survivor Medical Plan Premium Subsidy Program which the Board is to administer in accordance with the provisions of Section and Article 7 of this Chapter. (f) A Health Insurance Reciprocal Subsidy Credit Program which the Board is to administer in accordance with the provisions of Section and Article 8 of this Chapter. Added by Ord. No. 182,196, Eff Sec Establishment of Medical Plan Program. Added by Ord. No. 174,365, Eff Repealed by Ord. No. 182,196, Eff Sec Establishment of Dental Plan Program. Added by Ord. No. 174,365, Eff Repealed by Ord. No. 182,196, Eff Sec Discretionary Medical Plan and Dental Plan Benefit Changes. The Board may make discretionary Medical Plan and Dental Plan benefit changes as long as these involve cost increases of no more than one-half of one percent in total annual premium cost. The Board may make changes greater than the above level as long as the changes are submitted to the City Council for review. Any increases that are not acted upon by the Council within 30 days after receipt by the City Clerk of the report to Council for consideration of the increase are deemed approved. Should the Council reject the increase approved by the Board, the Council shall determine the amount, if any, by which the total annual premium cost shall be increased and shall adopt such change by resolution. Added by Ord. No. 174,365, Eff Amended by: Title and Section, Ord. No. 182,196, Eff ARTICLE 3 MEDICAL PLAN PREMIUM SUBSIDY Section Medical Plan Premium Subsidy Maximum Medical Plan Premium Subsidy Eligibility for a Retired Employee Medical Plan Premium Subsidy Verification of Medical Plan Coverage Vested Right to Maximum Medical Plan Premium Subsidy Increases. Sec Medical Plan Premium Subsidy. In order for a medical plan premium subsidy to be provided for a retired employee as hereinafter provided, the retiree must be enrolled in plan(s) administered by the Board as part of the Medical Plan Program.

246 The medical plan premium subsidy and administrative costs will be provided solely from the 401(h) account within the Los Angeles City Employee's Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles, upon the conditions hereafter set forth in order to lessen or defray part or all of the cost of such medical plan(s) to such eligible employee, as hereinafter defined. Added by Ord. No. 145,067, Eff Amended by: Subsec. (c), Ord. No. 157,226, Eff , Oper ; In Entirety, Ord. No. 165,622, Eff ; Subsec. (g), Added by Ord. No. 171,305, Eff ; Subsecs. (d) and (e), Ord. No. 171,743, Eff ; Subsecs. (a), (b), (c) and (f), Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,365, Eff ; Ord. No. 182,196, Eff Sec Maximum Medical Plan Premium Subsidy. (a) For Tier 1 Retirees. The maximum monthly medical plan premium subsidy is $1,190 for retired employees who are retired from Tier 1. Beginning July 1, 2011, the Board, in its discretion, may change by resolution the maximum monthly amount of the medical plan premium subsidy provided to Tier 1 members retired on or before June 30, 2011, so long as any increase: (1) Does not exceed the dollar increase in the Kaiser two-party non-medicare Part A and B premium; and (2) The average percentage increase for the first year of the increase and the preceding two years does not exceed the average assumed actuarial medical trend rates for the same period. Any change made by the Board that exceeds the limits set forth in (a)(1) or (a)(2) herein must be submitted for Council review accompanied by an actuarial report. Any increases that are not acted upon by the Council within 30 days after receipt of the report to Council for consideration of the increase are deemed approved. Should the Council reject the subsidy set by the Board, the Council shall determine the amount, if any, by which the subsidy shall be increased and shall adopt such change by resolution. No increases in the maximum monthly medical plan premium subsidy shall be provided to Tier 1 members retired on or after July 1, Notwithstanding all of the forgoing, increases in the monthly medical premium subsidy provided to retired Tier 1 members subject to Section shall be governed by the provisions of that Section, regardless of the date of retirement. (b) For Tier 2 Retirees. The maximum monthly medical plan premium subsidy is $596 for retired employees who are retired from Tier 2. The Board shall, by resolution, adjust the maximum monthly amount of the medical plan premium subsidy provided to these retirees to maintain a monthly amount equal to the single-party premium for the lowest cost standard plan, as defined by the Board, available to participants without Medicare Parts A and B. Added by Ord. No. 159,915, Eff Amended by: In Entirety, Ord. No. 165,622, Eff ; Subsecs. (a), (b), (d), (e), Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,365, Eff ; Subsec. (a), Ord. No. 181,746, Eff ; In Entirety, Ord. No. 182,296, Eff Sec Eligibility for a Retired Employee Medical Plan Premium Subsidy. Upon written application by an eligible retired employee and verification that the applicant is and remains enrolled, to the extent of the retiree's entitlement, in Part B or Part A and Part B of Medicare, the following medical plan premium subsidy shall be paid: (a) Those retired employees who are receiving a service retirement allowance or a disability retirement allowance, who do not qualify for benefits under Part A of Medicare, who have at least ten years of Health Service Credit and who are age fifty-five years or older, shall have paid to their approved medical plan carrier on their behalf the following amount: Basic Monthly Subsidy: For ten years of Health Service Credit, 40% of the maximum monthly medical plan premium subsidy amount established pursuant to the provisions of Section or Section , as applicable. Additional Monthly Subsidy. For more than ten years of Health Service Credit: - For Tier 1 retirees, add 4% of the maximum monthly medical plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health Service Credit in excess of ten years. - For Tier 2 retirees, add 3% of the maximum monthly medical plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health Service Credit in excess of ten years. Maximum Monthly Subsidy. No retired employee shall have paid to his or her medical plan carrier an amount exceeding the maximum monthly amount established pursuant to Section or Section , as applicable, or receive an amount in excess of the premium of the plan in which they are enrolled.

247 Dependent Monthly Subsidy. - For Tier 1 retirees, the monthly medical plan premium subsidy shall be applied first to the retiree's medical plan coverage with any balance applied toward the coverage of the retiree's dependent(s). - For Tier 2 retirees, none of the subsidy may be applied toward coverage for dependents of Tier 2 retirees. (b) For both Tier 1 and Tier 2 Retirees: Those retired employees with at least ten years of Health Service Credit who are receiving an allowance pursuant to Chapter 10 of the Los Angeles Administrative Code and who qualify for benefits under Part A and Part B of Medicare, shall have paid to the medical plan carrier providing them with a plan supplemental to Medicare coverage the following amount: For ten years but less than fifteen years of Health Service Credit, 75% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the retired employee is enrolled. For fifteen years or more but less than twenty years of Health Service Credit, 90% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the retired employee is enrolled. For twenty or more years of Health Service Credit, 100% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the retired employee is enrolled. For Tier 1 retirees, the amount of the medical plan premium subsidy which is applied toward the coverage of dependents of a retiree enrolled in both Part A and Part B of Medicare shall not exceed that amount which may be applied toward the coverage of the dependent(s) of a Tier 1 retiree not enrolled in both Medicare Part A and Part B of Medicare and covered by the same medical plan and with the same years of Health Service Credit. For Tier 2 retirees, none of the subsidy may be applied toward coverage for dependents of Tier 2 retirees. Effective July 1, 2011, no increases in the amounts paid to the medical plan carriers under this Subsection (b) shall be provided on behalf of Tier 1 members retired on or after July 1, 2011, or their dependents. Notwithstanding all of the foregoing, increases in the amounts paid to medical plan carriers provided on behalf of retired Tier 1 members subject to Section shall be governed by the provisions of this Subsection (b) regardless of the date of retirement. (c) The Board may require retirees to enroll in and assign to LACERS any coverage that is provided by Medicare in order to qualify to receive the subsidy provided in this Section. (d) In no event shall the subsidy provided in this Section, when added to any other medical plan subsidy provided by the Department of Water and Power or the Fire and Police Pension Plan, exceed the maximum amount established in Section or in Section , as applicable. Added by Ord. No. 170,748, Eff , Oper Amended by: Subsecs. (c) and (e), Ord. No. 171,743, Eff ; Subsecs. (a), (b) and (c), Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,365, Eff ; Subsecs. (a), (b) and (d), Ord. No. 181,734, Eff ; Last Para. of Subsec. (c) Added, Ord. No. 181,746, Eff ; Title and Section, Ord. No. 182,196, Eff ; Title and Section, Ord. No. 182,296, Eff Sec Verification of Medical Plan Coverage. Retired employees who are receiving a medical plan premium subsidy payable to their medical plan carrier pursuant to the provisions of this Chapter may be required from time to time to provide evidence satisfactory to the Board that their medical plan coverage or Medicare or other federal or state funded medical plan is in full force and effect. Added by Ord. No. 171,305, Eff Amended by: Subsec. (e), Ord. No. 171,854, Eff ; In Entirety, Ord. No. 174,365, Eff Sec Vested Right to Maximum Medical Plan Premium Subsidy Increases. Notwithstanding the provisions of Section , any member who at any time made an additional contribution to the Retirement Fund as provided in Section (c) of this Code shall obtain a vested right to, and the Board by resolution shall set, the increase in the maximum medical plan subsidy provided to such members at an amount not less than the dollar increase in the Kaiser two-party non-medicare Part A and Part B premium. Added by Ord. No. 181,734, Eff Amended by: Ord. No. 182,196, Eff

248 ARTICLE 4 MEDICARE PART B PREMIUM REIMBURSEMENT PROGRAM (Title Amended by Ord. No. 182,196, Eff ) Section Reimbursement for Medicare Part B Premium Verification of Eligibility for Medicare Part B Premium Reimbursement. Sec Reimbursement for Medicare Part B Premium. In order to participate in the Medicare Part B Premium Reimbursement Program, a retired employee must be eligible to receive a medical plan premium subsidy, enrolled in Medicare Parts A and B, and must be either enrolled in a medical plan supplemental to Medicare administered by the Board or be participant in the Medical Premium Reimbursement Program. Only retired employees may participate in this program. The Medicare Part B reimbursement and administrative costs will be provided solely from the 401(h) account within the Los Angeles City Employee's Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles, upon the conditions hereafter set forth in order to reimburse the cost of Medicare Part B to such eligible employee, as hereafter defined. Medicare Part B premium reimbursement shall be limited to the Medicare Part B basic premium (Medical Insurance). No reimbursement shall be paid for Medicare Part B costs that exceed the basic premium. Added by Ord. No. 145,067, Eff Amended by: In Entirety, Ord. No. 174,365, Eff ; Title and Section, Ord. No. 182,196, Eff Sec Verification of Eligibility for Medicare Part B Premium Reimbursement. Premium reimbursement shall be paid to a retiree who qualifies to participate in this program when sufficient proof of the retiree's Medicare Part A and Part B enrollment, coverage, and premium payment has been made as required by the Board. Added by Ord. No. 174,365, Eff Amended by: Title and Section, Ord. No. 182,196, Eff ARTICLE 5 DENTAL PLAN PREMIUM SUBSIDY Section Dental Plan Premium Subsidy Maximum Dental Plan Premium Subsidy Eligibility for a Retired Employee Dental Plan Premium Subsidy. Sec Dental Plan Premium Subsidy. In order for a dental plan premium subsidy to be provided for a retired employee as hereafter provided, the retiree must be enrolled in a dental plan administered by the Board as part of the Dental Plan Program. The dental plan premium subsidy and administrative costs will be provided solely from the 401(h) account within the Los Angeles City Employee's Retirement Fund established by Section 1154 of the Charter of the City of Los Angeles, upon the conditions hereafter set forth in order to lessen or defray part or all of the cost of such dental plan to such eligible employee, as hereafter defined. Added by Ord. No. 145,067, Eff Amended by: Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,365, Eff ; Title and Section, Ord. No. 182,196, Eff

249 Sec Maximum Dental Plan Premium Subsidy. The maximum subsidy shall be the amount provided by the Council for active employees. The Board, in its discretion, may by resolution, increase or decrease the monthly amount of dental subsidy to reflect changes in the subsidy provided by the City for active employees, or to offset any increases or decreases in the level of benefits or the cost thereof, as the result of changes in existing benefits or the addition of newly created benefits by federal or state funded programs. Added by Ord. No. 174,365, Eff Sec Eligibility for a Retired Employee Dental Plan Premium Subsidy. (a) Those retired employees who are receiving a service retirement allowance or a disability retirement allowance, and who have at least ten years of Health Service Credit as members of the Los Angeles City Employees' Retirement System and who are age fifty-five years or older, shall have paid to their approved dental plan carrier on their behalf the following amount: Basic Monthly Subsidy: For ten years of Health Service Credit, 40% of the maximum monthly dental plan premium subsidy amount established pursuant to the provisions of Section Additional Monthly Subsidy. For more than ten years of Health Service Credit: - For Tier 1 retirees, add 4% of the maximum monthly dental plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health Service Credit in excess of ten years. - For Tier 2 retirees, add 3% of the maximum monthly dental plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health Service Credit in excess of ten years. Maximum Monthly Subsidy. No retired employee shall have paid to his or her dental plan carrier an amount exceeding the maximum monthly amount established pursuant to Section or receive an amount in excess of the premium of the plan in which they are enrolled. Dependent Monthly Subsidy. There is no dental plan premium subsidy for dependents. (b) In no event shall the subsidy provided in this Section, when added to any other dental plan subsidy provided by the Department of Water and Power or the Fire and Police Pension Plan, exceed the maximum subsidy established in Section Added by Ord. No. 174,365, Eff Amended by: Ord. No. 182,196, Eff ; Subsec. (a), Ord. No. 182,296, Eff ARTICLE 6 MEDICAL PREMIUM REIMBURSEMENT PROGRAM (Title Amended by Ord. No. 182,196, Eff ) Section Medical Premium Reimbursement Program. Sec Medical Premium Reimbursement Program. (a) Upon written application and verification, as required by the Board, those retired employees who are receiving an allowance pursuant to Chapter 10 of Division 4 of this Code and who have at least ten years of Health Service Credit, are age fifty-five years or older, and reside more than three months of the year: (1) outside the state of California; or (2) in the state of California, but not within a LACERS administered HMO medical plan zip code service area, and are enrolled in a federally qualified HMO or a state regulated health insurance plan, shall be eligible for the medical plan premium reimbursement, as follows:

250 1. Not Enrolled in Medicare Part A and Part B. A. Basic Monthly Reimbursement: For ten years of Health Service Credit, 40% of the maximum monthly medical plan premium reimbursement amount established pursuant to the provisions of Subsection (b) herein. B. Additional Monthly Reimbursement: For more than ten years of Health Service Credit: - For Tier 1 retirees, add 4% of the maximum monthly medical plan premium reimbursement amount to the Basic Monthly Reimbursement for each whole year of Health Service Credit in excess of ten years. - For Tier 2 retirees, add 3% of the maximum monthly medical plan premium reimbursement amount to the Basic Monthly Reimbursement for each whole year of Health Service Credit in excess of ten years. Maximum Monthly Subsidy. The amount paid shall not exceed the maximum monthly medical plan premium reimbursement established pursuant to the provisions of Subsection (b) herein or the amount of the plan premium being reimbursed. Dependent Reimbursement. For Tier 1 retirees, the monthly medical plan premium reimbursement shall be applied first to the retiree's medical plan coverage with any balance applied toward the coverage of the retiree's dependent(s) under the same medical plan. Premium reimbursement may not be applied toward coverage for dependents of Tier 2 retirees. 2. Enrolled in Medicare Part A and Part B. For ten years or more, but less than 15 years of Health Service Credit, 75% of the monthly medical plan premium reimbursement amount established pursuant to the provisions of Subsection (c) herein. For 15 years or more but less than 20 years of Health Service Credit, 90% of the monthly medical plan premium reimbursement amount established pursuant to the provisions of Subsection (c) herein. For 20 or more years of Health Service Credit, 100% of the monthly medical plan premium reimbursement amount established pursuant to the provisions of Subsection (c) herein. The Board shall establish the reimbursement policy for dependents of Tier 1 members, but there shall be no reimbursement for dependents of Tier 2 members. (b) The Board shall set the maximum medical plan premium reimbursement for non-medicare eligible retirees in the same manner as in Section or Section , as applicable, of this Chapter. (c) Effective January 1, 2011, the maximum monthly medical plan premium reimbursement for retirees enrolled in Parts A and B of Medicare shall be $ The Board, in its discretion, may by resolution increase the monthly amount of medical plan premium reimbursement of retirees enrolled in Parts A and B of Medicare, provided that the amount of the maximum monthly medical plan premium reimbursement shall not exceed 100% of the single-party monthly premium of the highest cost approved medical plan supplemental to Medicare coverage provided by LACERS. Effective July 1, 2011, no increases in the maximum reimbursement amount paid to retired members of Tier 1 under this Subsection (c) shall be provided to members of Tier 1 who retired on or after July 1, Notwithstanding all of the foregoing, increases in the reimbursement amount provided to retired Tier 1 members subject to Section shall be governed by the provisions of this Subsection (c) regardless of the date of the member's retirement. (d) In no event shall the reimbursement provided in this section, when added to any other medical plan subsidy provided by the Department of Water and Power or the Fire and Police Pension Plan, exceed the maximum amount established in Subsection (b) herein. (e) Any person who is eligible to receive the survivor medical plan premium subsidy provided in Section of this Chapter, but who lives outside the state of California or in the state of California, but not within a LACERS administered HMO medical plan zip code service area, may qualify for the medical premium reimbursement program provided in this section except that the amount of reimbursement shall not exceed the amount that he or she would have received as a medical plan premium subsidy under Section Added by Ord. No. 145,067, Eff Amended by: In Entirety, Ord. No. 174,365, Eff ; Subsec. (a), Ord. No. 175,224, Eff ; Subsec. (c), Ord. No. 181,734, Eff ; Last Para. of Subsec. (d) Added, Ord. No. 181,746, Eff ; Title and Section, Ord. No. 182,196, Eff ; Subsecs. (a), (b) and (c), Ord. No. 182,296, Eff ARTICLE 7 SURVIVOR MEDICAL PLAN PREMIUM SUBSIDY (Title Amended by Ord. No. 182,196, Eff ) Section

251 Survivor Medical Plan Premium Subsidy. Sec Survivor Medical Plan Premium Subsidy. The survivor medical plan premium subsidy authorized in this Section shall only be provided to the survivors of Tier 1 members or retirees, on the terms set forth herein, and shall not be provided to the survivors of Tier 2 members or retirees. (a) A survivor medical plan premium subsidy shall be provided to the following survivors ("eligible survivors"): A surviving spouse who is receiving a monthly benefit as either an eligible spouse under Section of this Code, an eligible surviving spouse under Section of this Code, or a surviving spouse who elected to receive the benefit provided in Subsection (a)(3) of this Code, shall become eligible for the medical plan premium subsidy provided in this section either on the date of the deceased's death, if the deceased was eligible for a medical plan premium subsidy at that time, or on the date the deceased would have become eligible for a medical plan premium subsidy had he or she not died, based upon the deceased's Health Service Credit. A surviving domestic partner who is receiving a monthly benefit pursuant to Subsection (a)(1) or (a)(2) of this Code or who elected to receive the monthly benefit provided in Subsection (a)(3) of this Code, shall become eligible for the medical plan premium subsidy provided in this section either on the date of the deceased's death, if the deceased was eligible for a medical plan premium subsidy at that time, or on the date the deceased would have become eligible for a medical plan premium subsidy had he or she not died, based upon the deceased's Health Service Credit. Provided, however, that a surviving spouse or domestic partner who would not have been eligible for a survivor benefit except for an election made by a retiree to provide a continuance benefit funded solely by a reduction in his or her retirement allowance, shall not be eligible for the survivor benefit provided in this section. In order to receive the medical plan premium subsidy provided in this Section, the eligible survivor must be enrolled in a medical plan administered by the Board. (b) The survivor medical plan premium subsidy for an eligible survivor who does not qualify for benefits under Part A of Medicare Part A shall be: Basic Monthly Subsidy. For ten years of the member's Health Service Credit, 40% of the maximum monthly medical plan premium subsidy amount established in this subsection. Additional Monthly Subsidy. For more than ten years of the member's Health Service Credit, add 4% of the maximum monthly medical plan premium subsidy to the Basic Monthly Subsidy for each whole year of Health Service Credit in excess of ten years. Maximum Monthly Subsidy. The maximum monthly medical plan premium subsidy shall be the single-party premium for the lowest cost plan available to participants without Medicare Parts A and B. (c) The survivor medical plan premium subsidy for an eligible survivor who qualifies for benefits under Part A and Part B of Medicare shall be: For ten years but less than 15 years of the member's Health Service Credit, 75% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the eligible survivor is enrolled. For 15 years but less than 20 years of the member's Health Service Credit, 90% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the eligible survivor is enrolled. For 20 or more years of the member's Health Service Credit, 100% of the single-party monthly premium of the approved medical plan supplemental to Medicare coverage in which the eligible survivor is enrolled. (d) (e) An eligible survivor who is age 65 or older must enroll in Medicare as required by the Board in order to receive the subsidy authorized in this Section. This benefit was enacted effective December 14, 2001, and shall not be paid for any period prior to that time. (f) Effective July 1, 2011, no increases in the amounts paid to the medical plan carriers under Subsections (b) and (c) of this Section shall be provided on behalf of survivors of members retired on or after July 1, 2011, or on behalf of survivors of members who die on or after July 1, 2011, prior to retirement. Notwithstanding all of the foregoing, increases in the amounts paid on behalf of survivors of members subject to Section shall be governed by the provisions of Subsection (b) and (c) of this Section, as applicable, regardless of the date of the member's retirement or death. Added by Ord. No. 174,365, Eff Amended by: Subsec. (f) Added, Ord. No. 181,746, Eff ; Title and Section, Ord. No. 182,196, Eff ; First Para. Added, Ord. No. 182,296, Eff

252 Sec Domestic Partner Eligibility for Medical Plan Premium Subsidy. Added by Ord. No. 174,365, Eff Repealed by Ord. No. 182,196, Eff ARTICLE 8 RETIREE HEALTH INSURANCE RECIPROCAL SUBSIDY CREDIT PROGRAM (LACERS AND LACERA) Section Reciprocal Subsidy Credit Program. Sec Reciprocal Subsidy Credit Program. (a) The City of Los Angeles (CITY) and County of Los Angeles (COUNTY) have agreed to enter into an "Agreement For Retiree Health Insurance Reciprocal Subsidy Credit for County General and City Civilian Retirement Members" (Agreement) that is subject to amendment or termination as specified in the Agreement. The Agreement provides a reciprocal health insurance subsidy credit for retiree health insurance for certain retirees of the Los Angeles City Employees' Retirement System (LACERS) and the Los Angeles County Employees Retirement Association (LACERA). Accordingly, the following provisions, substantially as contained in the Agreement, are incorporated in the CITY's Reciprocal Subsidy Credit Program; (1) COUNTY agrees that all general members of LACERA who retire from COUNTY service on or after the effective date of the Agreement may receive reciprocal health insurance subsidy credit for eligible retirement service with the CITY in calculating the amount of the COUNTY contribution toward the premium for the COUNTY health insurance program for retired general members (or their eligible dependents or survivors) administered by LACERA pursuant to an agreement between COUNTY and LACERA dated April 20, 1982, as amended, provided such LACERA general members: (A) (B) were previously employed by CITY; were members of LACERS; (C) receive full or limited reciprocal retirement benefits as defined below in (E)(i) and (ii) of this subdivision through agreement with the California Public Employees' Retirement System (PERS) from LACERA based on such prior CITY employment, (D) (E) meet the requirements set forth in subdivisions (3) through (5) below, and for purposes of this subdivision: (i) "full reciprocal retirement benefits" applies to persons who transferred within six months from the CITY to the COUNTY on or after July 14, 1997; (ii) "limited reciprocal retirement benefits" applies to persons who transferred within six months from the CITY to the COUNTY prior to July 14, 1997; and (iii) "eligible retirement service" with the CITY shall be limited to service otherwise recognized by the CITY under the CITY's retiree health insurance subsidy credit program. (2) CITY agrees that all members of LACERS who retire from CITY service on or after the effective date of the Agreement may receive reciprocal health insurance subsidy credit for eligible retirement service with the COUNTY in calculating the amount of the CITY contribution toward the premium for the CITY health insurance program for retired members (or their eligible dependents or survivors) administered by LACERS, provided such LACERS members: (A) (B) were previously employed by COUNTY; were general members of LACERA; (C) receive full or limited reciprocal retirement benefits as defined below in (E)(i) and (ii) of this subdivision through agreement with PERS from LACERS based on such prior COUNTY employment, (D) meet the requirements set forth in subdivisions (3) through (5) below; and

253 (E) for purposes of this subdivision: (i) "full reciprocal retirement benefits" applies to persons who transferred within six months from the COUNTY to the CITY on or after July 14, 1997; (ii) "limited reciprocal retirement benefits" applies to persons who transferred within six months from the COUNTY to the CITY prior to July 14, 1997; and (iii) "eligible retirement service" with the COUNTY shall be limited to service otherwise recognized by the COUNTY under the COUNTY'S retiree health insurance subsidy credit program. (3) The Agreement shall apply to each COUNTY and CITY retiree who is eligible for reciprocal health insurance subsidy credit for retiree health insurance under the Agreement if, at the time of retirement, such retiree has eligible retirement service with the CITY and eligible retirement service with the COUNTY that, in the aggregate, totals at least ten (10) years. (4) A retiree receiving reciprocal health insurance subsidy credit for retiree health insurance under the Agreement must elect the health insurance program of the party (COUNTY or CITY) with which the retiree has the most eligible retirement service. The retiree may, instead, elect to receive health insurance benefits from LACERA if the retiree has a minimum of eight (8) years of uncombined eligible retirement service with the COUNTY or from LACERS if the retiree has a minimum of eight (8) years of uncombined eligible retirement service with the CITY. The retiree's election shall be irrevocable and is binding upon the retiree's eligible dependents or survivor. (5) An eligible survivor of a deceased active member shall be entitled to elect to receive reciprocal health insurance subsidy credit for retiree health insurance under the Agreement at such time as the member would have become eligible to receive reciprocal health insurance subsidy credit for retiree health insurance under the Agreement. (6) Each COUNTY or CITY retiree or eligible survivor of a retiree or deceased active member retains the right to elect health insurance benefits otherwise provided by LACERA or LACERS in lieu of electing reciprocal health insurance subsidy credit for retiree health insurance under the Agreement. Such election shall be irrevocable. (7) In no event shall a COUNTY or CITY retiree (or his or her eligible dependents or survivor) be entitled to participate in both COUNTY and CITY health insurance programs provided by LACERA or LACERS based on the provisions of the Agreement, or to receive duplicate health insurance subsidy credit for service recognized by the COUNTY or CITY. Nothing in the Agreement shall be construed to confer benefits to any person who does not qualify for health insurance provided by LACERA or LACERS. (8) The Agreement shall not extend reciprocal health insurance subsidy credit for retiree health insurance to safety members of LACERA or to members of any CITY retirement systems other than LACERS. (9) The provisions of the Agreement shall be applicable commencing the later of: (A) (B) the date the Agreement is executed; the date the retiree meets the conditions set forth in the Agreement; or (C) the date the retiree or eligible survivor of a deceased active member makes application to LACERA for the reciprocal health insurance subsidy credit for retiree health insurance provided for in the Agreement, or to LACERS for the reciprocal health insurance subsidy credit for retiree health insurance provided for in the Agreement. (10) In no event shall the Agreement be construed to require any expenditure on the part of COUNTY or CITY for any period prior to the date a retiring employee or eligible survivor of a deceased active member makes application to LACERA or LACERS for the reciprocal health insurance subsidy credit for retiree health insurance provided for in the Agreement. (11) The COUNTY and CITY agree that the cost of reciprocal health insurance subsidy credit for retiree health insurance provided for in the Agreement will be reassessed at least every five (5) years. The cost of these valuations will be borne equally by the COUNTY and CITY. The Agreement may be amended at any time upon mutual consent of the COUNTY and CITY to maintain a de minimis cost to both COUNTY and CITY. (12) The Agreement may be terminated by either the COUNTY or CITY, in its sole discretion, at any time upon serving the other party with written notification. The effective date of termination shall be one year from the date of the termination letter. (13) In the event of amendment or termination of the Agreement, each retiree or eligible survivor currently receiving reciprocal health insurance subsidy credit for retiree health insurance under the Agreement as of the date of such amendment or termination will continue to receive the same subsidy credit in calculating the amount of the COUNTY or CITY contribution toward the retiree's or eligible survivor's health insurance premium. (14) In the event of amendment or termination of the Agreement, COUNTY or CITY employees in active service as of the date of such amendment

254 or termination shall be eligible upon retirement to receive reciprocal health insurance subsidy credit for retiree health insurance under the Agreement as provided as of the earliest date of membership in either LACERA or LACERS, provided that: (A) (B) such employee has eligible retirement service with COUNTY and with CITY as of the date the program is amended or terminated, and such employee meets all other requirements of the Agreement, or of the Agreement as amended, as of the date the employee retires. (b) The Board of Administration of the Los Angeles City Employees' Retirement System shall administer the Reciprocal Subsidy Credit Program for the CITY and shall make any changes to the Reciprocal Subsidy Credit Program that are necessitated due to Los Angeles City Council approved amendments or termination of the Agreement between the CITY and the COUNTY. Added by Ord. No. 176,350, Eff CHAPTER 11.5 HEALTH INSURANCE AND OTHER BENEFITS FOR FIRE AND POLICE PENSION PLANS (Title Amended by Ord. No. 173,028, Eff ; Reference to Article 10 Deleted and Chapter Amended by Ord. No. 179,538, Eff ) Section Purpose of the Program Administration Subsidies to Be Provided for Approved Plans Only Eligibility for a Health Insurance Premium Subsidy Health Insurance Premium Subsidy Program for Members of the Police Officers, Lieutenant and below Representation Unit Health Insurance Premium Subsidy Program for Members of the Police Officers. Captain and above Representation Unit Health Insurance Premium Subsidy Program for Members of the Firefighters and Fire Captains Representation Unit Health Insurance Premium Subsidy Program for Members of the Fire Chief Officers Representation Unit Verification of Health Insurance Coverage Director of the Office of Administrative and Research Services to Review Health Insurance Program Surviving Spouse s and Domestic Partner s Eligibility for Health Insurance Premium Subsidy Additional Subsidy for Reimbursement of Medicare Part B Basic Premium Eligibility for Reimbursement of Health Insurance Premiums to Eligible Retired Members, Their Qualified Surviving Spouses or Qualified Domestic Partners Dental Insurance Premium Subsidy for Retired Members Medical Plan Premium Subsidy and Reimbursement Freeze Election to Make Voluntary Additional Contributions in Exchange for Vested Rights to Increases in Subsidies or Reimbursements for Retiree Health Benefits. Sec Definitions. Added by Ord. No. 147,014, Eff Renumbered and Relocated by Ord. No. 154,536, Eff Amended by: Ord. No. 172,040, Eff ; Ord. No. 173,272, Eff , Oper Deleted by Ord. No. 179,538, Eff Sec Purpose of the Program. It is the purpose of this Chapter to provide a program whereby retired members or beneficiaries, if eligible, pursuant to the terms and conditions hereinafter set forth in this Chapter, shall have subsidy payments made on their behalf for such benefit program or programs specified in Sections 1330, 1428, 1518, 1618 or 1718 of the Charter or Section of the Administrative Code as may be authorized by the Council by ordinance, subject to such conditions of entitlement as may be set forth in such ordinance in accordance with the provisions and limitations of Sections 1330, 1428, 1518, 1618 or 1718 of the Charter or Section of the Administrative Code.

255 Added by Ord. No. 147,014, Eff Renumbered and Relocated by Ord. No. 154,536, Eff Amended by: Ord. No. 172,040, Eff ; Ord. No. 173,272, Eff , Oper ; Ord. No. 176,731, Eff ; Ord. No. 179,538, Eff ; Ord. No. 181,770, Eff Sec Administration. Any program established by this chapter shall be administered by the Board of Fire and Police Pension Commissioners (hereinafter referred to as the Board ). In furtherance thereof, the Board shall provide suitable health, medical, hospital or other plans as may be authorized by ordinance and shall have the power to adopt such rules as it deems necessary to administer the program. Notwithstanding the foregoing provisions, the Board may in its discretion, and subject to the approval of the City Council and the Mayor, authorize the Personnel Department to administer any program, in which case such authorization may include the power to negotiate and establish health, medical and hospital plan or plans, provided, however, that the Board shall retain the power to sign necessary service agreements or to execute contracts, and, provided further that the Board shall reimburse the General Fund of the City of Los Angeles for all necessary expenses incurred by the Personnel Department in the administration of such program. Added by Ord. No. 147,014, Eff Renumbered and Relocated by Ord. No. 154,536, Eff Amended by: Ord. No. 173,272, Eff , Oper ; Ord. No. 179,538, Eff Sec Subsidies to be Provided for Approved Plans Only. In order that a subsidy be paid on behalf of a beneficiary as hereinafter provided, said beneficiary must be enrolled in a plan approved by the Board or by the Personnel Department if so authorized by the Board. The cost of any subsidy hereunder provided and the Board's administrative costs connected therewith shall be provided solely by the Fire and Police Pension Plan, as provided in Sections 1320, 1416, 1510, 1610 and 1710 of the Charter and Section of the Administrative Code. Added by Ord No. 140,714, Eff Renumbered and Relocated by Ord. No. 154,536, Eff Amended by: Last unnumbered para, Ord. No. 172,040, Eff ; Second Para., Ord. No. 173,272, Eff , Oper ; Second Para., Ord. No. 176,731, Eff ; Second Para., Ord. No. 181,770, Eff Sec Eligibility for a Health Insurance Premium Subsidy. Upon written application by eligible retired members not qualified for Medicare or upon written application by eligible retired members and verification that the applicant is and remains enrolled, to the extent of his or her entitlement, in federally-funded Part A or Part B or Part A and Part B of Medicare, the following monthly health subsidy amounts shall be paid: (a) Those retired members retired pursuant to the provisions of Section 1304 or Section 1408 of the Charter respectively, who are receiving a service pension in accordance with the terms of either one of said Sections 1304 or 1408 and who are age sixty (60) years or older, shall have paid to their approved health insurance carrier on their behalf the following amount: Basic Monthly Subsidy: For twenty (20) "years of service" as said term is defined in Section 1406(m) of the Charter, 80% of the maximum monthly health subsidy amount as established in Subsection (e) of this section, subject to the limitation hereinafter set forth in this section. Additional Monthly Subsidy: For more than twenty (20) years of service, add to the Basic Monthly Subsidy 4% of the maximum monthly health subsidy for each whole year of service in excess of twenty (20) years. Maximum Monthly Subsidy: No eligible retired member shall have paid to his or her health insurance carrier an amount exceeding the maximum monthly amount established pursuant to Subsection (e) of this section. (b) Those eligible retired members who do not qualify for benefits under Part A of the federally-funded Medicare program shall have paid to their health insurance carrier on their behalf 4% of the maximum monthly subsidy for each whole year of service as hereinabove defined, not to exceed the maximum monthly subsidy set forth in Subsection (a) of this section. (c) Those eligible members described in Subsection (a) of this section or those retired under the provisions of Sections 1310, 1312, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704, 1706(a), or 1706(b) of the Charter or Sections , (a), or (b) of the Administrative Code with a minimum of ten (10) Years of Service and who qualify for benefits under federally-funded Part A of Medicare, shall have paid

256 to the approved health insurance carrier providing them with a plan supplemental to Medicare coverage the following amount: For ten (10) but less than fifteen (15) years of service, 75% of the qualifying monthly premium of the approved health insurance plan supplemental to Medicare coverage in which the retired member is enrolled. For fifteen (15) or more but less than twenty (20) years of service, 90% of the qualifying monthly premium of the approved health insurance plan supplemental to Medicare coverage in which the retired member is enrolled. For twenty (20) or more years of service, 100% of the qualifying monthly premium of the approved health insurance plan supplemental to Medicare coverage in which the retired member is enrolled. The qualifying monthly premium for eligible retired members, as used in this Subsection (c) shall mean the monthly premium of the member's approved plan. However, if the monthly premium exceeds the highest monthly premium of an approved plan supplemental to Part A of Medicare available to retired members of the Los Angeles City Employees' Retirement System then the premium for the latter shall be the qualifying monthly premium. (d) Those members retired under the provisions of Sections 1310, 1312, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704, 1706(a) or 1706(b) of the Charter or Sections , (a) or (b) of the Administrative Code and receiving a pension under the terms of any of those sections and who are age sixty (60) years or older, shall have paid to their approved health insurance carrier on their behalf the following amount: Basic Monthly Subsidy: For ten (10) Years of Service as said term is defined in Sections 1406(m), 1502(m), 1602(m), and 1702(p) of the Charter and Section (m) of the Administrative Code, 40% of the maximum monthly health subsidy amount as established in Subsection (e) of this Section, subject to the limitations hereinafter set forth in this Section. Additional Monthly Subsidy: For more than ten (10) Years of Service, add to the Basic Monthly Subsidy 4% of the maximum monthly health subsidy for each whole year of service in excess of ten (10) years. Maximum Monthly Subsidy: No eligible retired member under the provisions of this Subsection (d) of this Section shall have paid to his or her health insurance carrier an amount exceeding the maximum monthly amount established pursuant to Subsection (e) of this Section. (e) The maximum monthly subsidy towards the health insurance premium, effective July 1, 2005, but paid from the June 2005 payroll, is fixed at $ per month for all retired Plan members. The Board is authorized to make discretionary changes, on an annual basis beginning in 2006, to the maximum monthly subsidy, so long as no increase exceeds the lesser of a 7% increase or the actuarial assumed rate for medical inflation for pre-65 health benefits established by the Board for the applicable fiscal year. Any change made by the Board that exceeds this limitation must be submitted for Council review accompanied by an actuarial report. Any increase that is not acted upon by the Council within 45 days after receipt of the report to Council for consideration of the increase shall be deemed approved. Should the Council reject the subsidy set by the Board, the Council shall determine the amount, if any, by which the subsidy shall be increased and shall adopt this increase by resolution. Notwithstanding the authority given to the Board in this subsection, the Council retains the right to establish, by ordinance, the maximum monthly subsidy either if the Board fails to act timely to grant an increase or if the Council desires to approve an increase in excess of the amount authorized by the Board. The maximum monthly subsidy shall be reduced by the amount of any subsidy a retired Plan member receives from any other City source. (f) "System Members" or "Plan Members" as defined in Sections 1406(c), 1502(c), 1602(c) or 1702(d) of the Charter or Section (c) of the Administrative Code who retire on or after July 1, 1998 shall be eligible for the monthly health subsidy amounts and other benefits provided for in Subsections (a) through (e) above at age fifty-five (55) rather than age sixty (60) if all other conditions of eligibility prescribed in those subsections are met. (g) Those members retired under the provisions of Section 1706(a) of the Charter with less than ten (10) years of service and who are age fifty-five (55) years or older shall have paid to their approved health insurance carrier on their behalf the following amount: (1) For retirees not eligible for Medicare or enrolled in Medicare Part B only, 40% of the maximum monthly health subsidy amount as established in Subsection (e) of this Section or 40% of the single-party cost of the retiree's plan, whichever is lower; or (2) For retirees enrolled in Medicare Parts A and B, 75% of the qualifying monthly premium that would be paid under Subsection (c) herein for an eligible retiree with ten (10) years of service or 75% of the single-party cost of the retiree's plan, whichever is lower. Retirees eligible for a subsidy from any other source shall not be eligible for the subsidy provided in this subsection. Further, no survivor subsidy shall be paid under Section based upon eligibility for the subsidy provided in this Subsection. Added by Ord. No. 147,014, Eff

257 Amended by: Subsec. (c), Ord. No. 147,952, Eff ; Renumbered and Relocated by Ord. No. 154,536, Eff ; In Entirety and Subsec. (f) added, Ord. No. 172,040, Eff ; Subsecs. (a), (c), (d), (e) and (f), Last Para.of Section, Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 176,731, Eff ; Subsec. (e), Ord. No , Eff ; Subsecs. (c), (d) and (f) amended and Subsec. (g) added, Ord. No. 181,770, Eff [SUPPLEMENTAL REFERENCES] For Paragraph (a) re Identification of Members. See also Charter, Sec For Paragraph (a) re Basic Subsidy. See also Charter, Sec. 521(t). For Paragraphs (c) and (d) re Other Eligible Members. See also Charter, Secs. 531(a) and 531(b). For Paragraph (d) re Basic Subsidy. See also Charter, Sec. 521(t). For Paragraph (e) re Maximum Subsidy. See also Charter, Secs. 521(g) and 523 re applicability to Safety Members Pension Plan Members. Supplemental References Added by Ord. No. 158,965, Eff Sec Health Insurance Premium Subsidy Program for Members of the Police Officers, Lieutenant and Below Representation Unit. (a) Commencing upon the first day of the month following the effective date of this section, members of the Police Officers, Lieutenant and Below Representation Unit who have retired after July 1, 1988, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health insurance premium subsidy, based upon such member s years of service, age and the pension plan to which they belonged prior to their retirement, in accordance with the schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section: Amount of Monthly Years of Service Subsidy $ and over Pension Plan Age of Eligibility City Charter Article City Charter Article City Charter Article (b) Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member. (c) A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided. (d) The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section of the Los Angeles Administrative Code. (e) There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first day of the month following the effective date of this section subject to all of the terms and conditions hereof. (f) Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Director of the Office of Administrative and Research Services and the Los Angeles Police Protective League as part of the meet and confer process and any change made through any other process shall not be recognized by the City. (g) Entitlement to the subsidies provided by this section shall be subject to the condition that eligibility to any payments shall be made dependent upon retirement at a rank no higher than that of Lieutenant of Police. (h) Commencing the first day of the month following the effective date of this subsection, all members of the Police Officers, Lieutenant and Below Representation Unit who retire after July 1, 1994, pursuant to provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a), shall be eligible for the health subsidy provided pursuant to Subsection (a) beginning at age 55. (i) Commencing July 1, 1996, the subsidies provided pursuant to Subsection (a) shall be increased according to the following schedule for all members of the Police Officers, Lieutenant and Below Representation Unit who retire after July 1, Years of Service Amount of Monthly Subsidy

258 20-24 $ & over (j) 1, The provisions of this section shall not apply to members of the Police Officers, Lieutenant and Below Representation Unit who retire on or after July Added by Ord. No. 164,851, Eff Amended by: Subsecs. (h) and (i) added, Ord. No. 170,092, Eff ; Subsec. (j) added, Ord. No. 172,040, Eff ; Subsecs. (a), (c), (f) and (h), Ord. No. 173,272, Eff , Oper Sec Health Insurance Premium Subsidy Program for Members of the Police Officers. Captain and Above Representation Unit. (a) Commencing upon the first day of the month following the effective date of this section, members of the Police Officers, Captain and Above Representation Unit who retire after July 1, 1989, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health insurance premium subsidy, based upon such member s years of service, age and the pension plan to which they belonged prior to their retirement, in accordance with the schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section: Years of Service Amount of Monthly Subsidy $ and over Pension Plan Age of Eligibility City Charter Article City Charter Article City Charter Article (b) Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member. (c) A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided. (d) The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section of the Los Angeles Administrative Code. (e) There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first day of the month following the effective date of this section subject to all of the terms and conditions hereof. (f) Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Office of Administrative and Research Services and the Los Angeles Police Command Officers Association as part of the meet and confer process and any change made through any other process shall not be recognized by the City. (g) Commencing the first day of the month following the effective date of this subsection, all members of the Police Officers, Captain and Above Representation Unit who retire after July 1, 1994, pursuant to the provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a) shall be eligible for the health subsidy provided pursuant to subsection (a) beginning at age 55. (h) Commencing July 1, 1996, the subsidies provided pursuant to subsection (a) shall be increased according to the following schedule for all members of the Police Officers, Captain and Above Representation Unit who retire after July 1, Years of Service Amount of Monthly Subsidy $ & over (i) The provisions of this section shall not apply to members of the Police Officers, Captains and Above Representation Unit who retire on or after July 1,

259 1998. Added by Ord. No, 165,333, Eff Amended by: Subsecs. (g) and (h) added, Ord. No. 170,418, Eff ; Subsec. (i) added, Ord. No. 172,040, Eff ; Subsecs. (a), (c), (f) and (g), Ord. No. 173,272, Eff , Oper Sec Health Insurance Premium Subsidy Program for Members of the Firefighters and Fire Captains Representation Unit. (a) Commencing upon the first day of the month following the effective date of this section, members of the Firefighters and Fire Captains Representation Unit who retire after July 1, 1989, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health insurance premium subsidy, based upon such member s years of service, age and the pension plan to which they belonged prior to their retirement, in, accordance with the schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section: Years of Service Amount of Monthly Subsidy $ and over Pension Plan Age of Eligibility City Charter Article City Charter Article City Charter Article (b) Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member. (c) A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided. (d) The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section of the Los Angeles Administrative Code. (e) There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first day of the month following the effective date of this section subject to all of the terms and conditions hereof. (f) Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Office of Administrative and Research Services and the United Firefighters Los Angeles City (UFLAC) as part of the meet and confer process and any change made through any other process shall not be recognized by the City. (g) Commencing the first day of the month following the effective date of this subsection all members of the Firefighters and Fire Captains Representation Unit who retire after January 1, 1994, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall be eligible for the health subsidy provided pursuant to Subsection (a), beginning at age 55. (h) Commencing the first day of the month following the effective date of this subsection, all members of the Firefighters and Fire Captains Representation Unit who retire pursuant to the provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a) shall be eligible for the health subsidy provided pursuant to Subsection (a). (i) Commencing July 1, 1996, the subsidies provided pursuant to Subsection (a) shall be increased according to the following schedule for all members of the Firefighters and Fire Captains Representation Unit who retire after July 1, Years of Service Amount of Monthly Subsidy $ & over (j) The provisions of this section shall not apply to members of the Firefighters and Fire Captains Representation Unit who retire on or after July 1, 1998.

260 Added by Ord. No. 165,296, Eff Amended by: Subsec. (g) added, Ord. No. 169,328, Eff ; Subsecs. (h) and (i) added, Ord. No. 170,091, Eff ; Subsec. (j) added, Ord. No. 172,040, Eff ; Subsecs. (a), (c), (f), (g) and (h), Ord. No. 173,272, Eff , Oper Sec Health Insurance Premium Subsidy Program for Members of the Fire Chief Officers Representation Unit. (a) Commencing upon the first day of the month following the effective date of this section, members of the Fire Chief Officers Representation Unit who retire after July 1, 1989, pursuant to the provisions of either Sections 1304, 1408, 1504 or 1604 of the City Charter, shall receive a health insurance premium subsidy, based upon such members years of service, age and the pension plan to which they belonged prior to their retirement, in accordance with the schedule hereinafter set forth, subject, however, to the provisions of Subsection (b) of this section: Years of Service Amount of Monthly Subsidy $ and over Pension Plan Age of Eligibility City Charter Article City Charter Article City Charter Article (b) Subsidies provided pursuant to Subsection (a) of this section shall not exceed the cost of the health plan option selected by the retired member. (c) A retired member who is eligible to receive the health insurance premium subsidy must be enrolled in a health plan approved by the City and shall become ineligible for a subsidy, if upon his or her retirement pursuant to Sections 1304, 1408, 1504 or 1604 of the City Charter, such retired member has accepted any employment with the City of Los Angeles in a capacity or position in which a health insurance premium subsidy for active employees is provided. (d) The health insurance premium subsidy program provided in this section shall be administered in accordance with the provisions of Section of the Los Angeles Administrative Code. (e) There shall be no retroactive entitlement to the health insurance premium subsidies provided in this section and payments shall commence on the first day of the month following the effective date of this section subject to all of the terms and conditions hereof. (f) Any changes in the amounts of health insurance premium subsidies or eligibility thereto must be negotiated between the Office of Administrative and Research Services and the Los Angeles City Fire Department Chief Officer s Association as part of the meet and confer process and any change made through any other process shall not be recognized by the City. (g) Commencing the first day of the month following the effective date of this subsection, all members of the Fire Chief Officers Representation Unit who retire pursuant to the provisions of either Sections 1304, 1310, 1408, 1412(a), 1504, 1506(a), 1604, or 1606(a) shall be eligible for the health subsidy provided pursuant to Subsection (a) beginning at age 55. (h) Commencing July 1, 1996, the subsidies provided pursuant to Subsection (a) shall be increased according to the following schedule for all members of the Fire Chief Officers Representation Unit who retire after July 1, Years of Service Amount of Monthly Subsidy $ & over (i) The provisions of this section shall not apply to members of the Fire Chief Officers Representation Unit who retire on or after July 1, Added by Ord. No. 165,488, Eff Amended by: Subsecs. (g) and (h) added, Ord. No. 170,160, Eff ; Subsec. (i) added, Ord. No. 172,040, Eff ; Subsecs. (a), (c), (f) and (g), Ord. No. 173,272, Eff , Oper

261 Sec Health Insurance Premium Subsidy Program for Members of the Emergency Medical Services Representation Unit. Added by Ord. No. 167,138, Eff ;Subsecs. (a), (c) and (f), Ord. No. 173,272, Eff , Oper Repealed by Ord. No. 173,791, Eff Sec Verification of Health Insurance Coverage. Eligible retired members who are receiving a health insurance subsidy payable to their health insurance carrier pursuant to the provisions of this chapter, may be required from time to time to provide evidence satisfactory to the Board that their health insurance coverage or Medicare or other federal or state funded health insurance plan is in full force and effect. Added by Ord. No. 147,014, Eff Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff ; Ord. No. 179,538, Eff Sec Applicability of Chapter. Added by Ord. No. 147,014, Eff Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff Deleted by Ord. No. 179,538, Eff Sec Director of the Office of Administrative and Research Services to Review Health Insurance Program. The Director of the Office of Administrative and Research Services shall periodically review the Health Insurance Program established by this chapter and shall recommend such changes in said program to the Board as he deems appropriate. Added by Ord. No. 147,014, Eff Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff ; Title and Sec., Ord. No. 173,272, Eff , Oper Sec Operative Date of Health Insurance Program. Added by Ord.No. 147,014, Eff Amended by: Renumbered and Relocated by Ord. No. 154,536, Eff Deleted by Ord. No. 179,538, Eff Sec Establishment and Termination of Domestic Partnerships. Added by Ord. No. 173,028, Eff Amended by: Sec. Number, Ord. No. 173,136, Eff ; Subsec. (a)(1), Ord. No. 176,731, Eff Renumbered as Sec by Ord. No. 179,538, Eff Sec Survivorship Benefits for Qualified Surviving Domestic Partners. Added by Ord. No. 173,028, Eff Amended by: Sec. Number, Ord. No. 173,136, Eff ; Subsec. (a), Ord. No. 176,731, Eff ; Subsec. (e) added, Ord. No. 177,900, Eff Renumbered as Sec by Ord. No. 179,538, Eff Sec Surviving Spouse s and Domestic Partner s Eligibility for Health Insurance Premium Subsidy. (a) Effective January 1, 2000, a qualified surviving spouse or qualified surviving domestic partner of a deceased member of the Fire and Police Pension

262 Plans shall be entitled to a health insurance subsidy if, at the time of the member s death, the member was retired and receiving a health subsidy. Effective January 1, 2000, if a member dies after retirement, but prior to receiving a health subsidy, or if the member dies prior to retirement, then the qualified surviving spouse or qualified surviving domestic partner shall be eligible to receive a health insurance subsidy upon the date when the member would have attained age 55, or on January 1, 2000, whichever occurs later, provided the member had a minimum of 10 years of service in the retirement system. Notwithstanding the foregoing, a qualified surviving spouse or qualified surviving domestic partner of a deceased Tier 6 Plan Member retired under the provisions of 1706(a) with less than ten (10) years of service shall not be eligible for a health insurance subsidy. (b) The maximum health subsidy payment available for a qualified surviving spouse or qualified surviving domestic partner shall not exceed the Los Angeles City Employees Retirement System (LACERS) Kaiser single-party premium for retired members without Part A and B of Medicare nor may such subsidy payment be in excess of any amounts allowed active members of the Fire and Police Pension Plans. (c) The health subsidy provided to a qualified surviving spouse or qualified surviving domestic partner who does not qualify for Part A of Medicare shall be 4% of the maximum survivor subsidy for each year of the retired member s service, up to 100% of the maximum survivor subsidy. (d) follows: The health subsidy provided to a qualified surviving spouse or qualified surviving domestic partner with both Parts A and B of Medicare shall be as (1) For ten (10) to fourteen (14) years of service by the member, 75% of the qualifying monthly premium. (2) For fifteen (15) to nineteen (19) years of service by the member, 90% of the qualifying monthly premium. (3) For twenty (20) or more years of service by the member, 100% of the qualifying monthly premium. (e) The qualifying monthly premium for qualified surviving spouses and qualified surviving domestic partners, as used in Subsection (d), shall mean the single party monthly premium of the qualified surviving spouse or qualified surviving domestic partner s approved plan. However, if the monthly premium exceeds the highest single party monthly premium of Medicare A & B plans available to retired members of LACERS, then the premium for the latter shall be the qualifying monthly premium. (f) A qualified surviving spouse or qualified surviving domestic partner who receives a health subsidy pursuant to Subsection (d) above shall also receive a subsidy for reimbursement of the Medicare Part B basic premium on the terms set forth in Section of this chapter. (g) As a prerequisite to receiving the health subsidy, a qualified surviving spouse or qualified surviving domestic partner must enroll in Medicare to the full extent of their entitlement at the earliest date of eligibility. (h) A qualified surviving spouse or qualified surviving domestic partner who is also entitled to a health subsidy pursuant to the provisions for active death health benefits from any Memorandum of Understanding (MOU) shall not be entitled to the health subsidy provided herein for as long as they shall receive that other health subsidy. (i) The health subsidy provided in this section shall only be used to pay the single party premium cost for approved health insurance plans. Any unused subsidy amount can not be received as cash compensation. (j) This health insurance subsidy will also be provided to current qualified surviving spouses of deceased members who are receiving monthly survivorship benefits on the effective date of this section. (k) For purposes of this section, the term qualified surviving spouse shall also include an eligible widow as defined in the Charter provisions dealing with the Fire and Police Pension Plans. Added by Ord. No. 173,028, Eff Amended by: Sec. Number, Ord. No. 173,136, Eff ; Subsec. (f), Ord. No. 179,538, Eff ; Last Sentence of Subsec. (a) added, Ord. No. 181,770, Eff Sec Additional Subsidy for Reimbursement of Medicare Part B Basic Premium. In addition to any other subsidies to which a beneficiary may be entitled under this chapter, a subsidy may be paid to reimburse eligible beneficiaries for the Medicare Part B basic premium, provided that no reimbursement shall be paid for any premium in excess of the basic amount due to charges for income-related monthly adjustment amounts or for any other reason, such as delays in applying for coverage or late fees. In order to be eligible for Medicare Part B reimbursement, a retired member, a qualified surviving spouse, or a qualified surviving domestic partner, must be: (1) enrolled in Medicare Parts A and B; and (2) eligible to receive either a health insurance subsidy or a health insurance premium reimbursement from the Fire and Police Pension Plan.

263 The Medicare Part B reimbursement subsidy and administrative costs will be provided solely by the Fire and Police Pension Plan, as provided in Sections 1320, 1416, 1510, 1610 and 1710 of the Charter and Section of the Administrative Code. Reimbursement shall not be paid until sufficient proof of the eligible beneficiary's enrollment, coverage, and premium payment has been made as required by the Board. Added by Ord. 173,275, Eff , Oper ; new Sec. and Title, Ord. No. 179,538, Eff Former Sec renumbered as Sec by Ord. No. 179,538, Eff Amended by: Last Para., Ord. No. 181,770, Eff Sec Eligibility for Reimbursement of Health Insurance Premiums to Eligible Retired Members, Their Qualified Surviving Spouses or Qualified Domestic Partners. (a) Effective January 1, 2001, upon written application and verification as required by the Department of Fire and Police Pensions and subject to the rules and regulations promulgated by the Board of Fire and Police Pension Commissioners, retired members, their qualified surviving spouses or qualified domestic partners are eligible to receive a health insurance premium reimbursement if all of the following conditions are met: (1) the eligible member or his or her qualified surviving spouse or qualified domestic partner is enrolled to the extent of his or her entitlement in Medicare; (2) the eligible member or his or her qualified surviving spouse or qualified domestic partner is receiving an allowance pursuant to any benefit tier of the Fire and Police Pension System; (3) the eligible member or his or her qualified surviving spouse or qualified domestic partner is the primary subscriber; (4) the eligible member or his or her qualified surviving spouse or qualified domestic partner resides more than three (3) months of the year, as identified by the address on file with the Department of Fire and Police Pensions, outside of a Department of Fire and Police Pensions approved health maintenance organization s ( HMO ) authorized zip code service area; (5) the eligible member or his or her qualified surviving spouse or qualified domestic partner is eligible to receive a Fire and Police Pension Plan health subsidy pursuant to the provisions of this Code or any applicable Memorandum of Understanding; and (6) the eligible member or his or her qualified surviving spouse or qualified domestic partner is not enrolled in a Department of Fire and Police Pensions approved medical plan. (b) The maximum reimbursement available to eligible retired members cannot exceed the lower of: (1) Any subsidy available to eligible retired members pursuant to this Administrative Code or any applicable Memorandum of Understanding, or (2) The cost of the health plan the eligible retired members are enrolled in and for which they are seeking reimbursement. (c) The maximum reimbursement available to qualified surviving spouses or qualified surviving domestic partners cannot exceed the lower of: (1) Any subsidy available to qualified surviving spouses or qualified surviving domestic partners pursuant to this Administrative Code or any applicable Memorandum of Understanding, or (2) The single-party cost of the health plan that the qualified surviving spouses or qualified domestic partners are enrolled in and for which they are seeking reimbursement. (d) In no event shall the health insurance reimbursement provided in this Section, when added to any health insurance subsidy paid from the funds of the Department of Water and Power and/or the Los Angeles City Employees' Retirement System (LACERS) exceed the maximum subsidy available pursuant to the provisions of this Administrative Code. Added by Ord. No. 174,369, Eff Amended by: Subsecs. (b) and (c) amended and Subsec. (d) added, Ord. No. 176,731, Eff Sec Dental Insurance Premium Subsidy for Retired Members. (a) Those members who were retired pursuant to Charter Sections 1304, 1310, 1312, 1408, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704, 1706(a) or 1706(b), or Administrative Code Sections , (a) or (b), and who have at least ten (10) Years of Service, including those

264 years for which they acquired additional retirement service credits from said Plan, and who are age fifty-five (55) years or older, shall have paid to their approved dental insurance carrier on their behalf a monthly subsidy consisting of 4% of the maximum monthly dental subsidy for each whole year of service as defined in their applicable Tier. In no case shall a retired member have paid to his or her dental insurance carrier an amount exceeding the maximum monthly amount established pursuant to paragraph (b) of this Section. (b) The maximum monthly subsidy shall be the lower of the Los Angeles City Employees' Retirement System (LACERS) maximum subsidy or any amount allowed active members of any Fire and Police Plan Tier. (c) In no event shall the subsidy provided in this section, when added to any other dental subsidy paid from the funds of the Department of Water & Power and/or LACERS exceed the maximum subsidy available pursuant to the provisions of this Administrative Code. (d) As provided under Charter Sections 1330(d), 1428(d), 1518(d), 1618(d) and 1718(d) and Administrative Code Section (d), the Board of Fire and Police Pension Commissioners shall administer the subsidy program established herein, shall have the authority to contract for suitable programs to be made available to retired members, and shall have the power to adopt rules necessary to administer the programs. (e) Entitlement for the subsidy provided herein shall commence with the premiums due for the month of January There shall be no retroactive entitlement to the dental insurance premium subsidies provided in this section prior to this commencement date. Added by Ord. No. 174,368, Eff Amended by: Subsec. (b), Ord. No. 176,731, Eff ; Subsecs. (a) and (d), Ord. No. 181,770, Eff Sec Reactivation of Surviving Spouse Benefits. Added by Ord. No. 174,612, Eff Renumbered as Sec by Ord. No. 179,538, Eff Sec Medical Plan Premium Subsidy and Reimbursement Freeze. (a) The maximum monthly subsidies and reimbursements paid toward any health insurance premiums provided pursuant to Chapter 11.5 of Division 4 of the Los Angeles Administrative Code shall be frozen at the rate in effect as of July 1, (b) The freeze established in Subsection (a) above shall apply to the following persons: 1. Employees who retire on or after July 15, 2011; 2. Employees who enter the Deferred Retirement Option Plan (DROP) on or after July 15, 2011; 3. Employees who opt not to make a contribution for vesting increases in the Maximum Medical Subsidy as allowed by an applicable written agreement between the City and the employee's union. (c) The freeze established by this Section may be revisited periodically by the City Council, with appropriate discussions with the affected labor organizations, to determine whether, in the Council's discretion, the freeze may be lifted or adjusted in light of improving economic conditions, or other factors. (d) The freeze established in Subsection (a) above shall not apply to the following persons: 1. Employees who irrevocably opt to make voluntary Additional Contributions in exchange for vested rights to increases in subsidies or reimbursements for retiree health benefits as provided in Section of this Chapter. 2. Employees who retire on service connected disability pensions and their survivors who are eligible for health benefits. 3. Survivors receiving service-connected death benefits who are eligible for health benefits. 4. Members of Tier 3 and Tier 5 who separated from City service prior to July 15, 2011, and were eligible for a deferred retirement at the time of separation, based on years of service. (e) The freeze established in Subsection (a) above shall not apply to any subsidy for reimbursement of Medicare Part B basic premium or any dental insurance premium subsidy.

265 Added by Ord. No. 181,814, Eff Amended by: Subsec. (b) amended and Subsecs. (d) and (e) added, Ord. No. 181,893, Eff Sec Election to Make Voluntary Additional Contributions in Exchange for Vested Rights to Increases in Subsidies or Reimbursements for Retiree Health Benefits. A member who is not represented by an employee union, or who is represented by an employee union which has entered into a written agreement with the City to provide for the election specified herein, may irrevocably elect to make voluntary additional contributions (Additional Contributions) to his or her tier of the Fire and Police Pension Plan by salary deduction at the rate of 2% of his or her regular bi-weekly base salary (as distinguished from pay actually received) in order to support the City's ability to fund retiree health benefits. These Additional Contributions shall be deposited into each such member's individual contribution account and shall be treated for any and all purposes the same as the member's regular contributions to the Fire and Police Pension Plan. These Additional Contributions shall be paid by the member on a post-tax basis unless and until the Internal Revenue Service rules that such contributions may be tax-deferred through a reduction in wages pursuant to the provisions of Sections through of this Code. Once a member irrevocably elects to make these Additional Contributions, he or she shall continue to make such Additional Contributions until he or she has done one of the following, whichever is earliest, at which time his or her obligation to make further Additional Contributions shall terminate: (i) made such Additional Contributions for 25 years, or (ii) retired under the provisions of Sections 1408, 1412(a), 1412(b), 1504, 1506(a), 1506(b), 1604, 1606(a), 1606(b), 1704, 1706(a), or 1706(b) of the Charter or Sections , (a), or (b) of the Los Angeles Administrative Code, or (iii) terminated participation in the City's Deferred Retirement Option Plan (DROP) pursuant to Section of the Los Angeles Administrative Code. In consideration for such Additional Contributions being made for the period specified above, each such member and his or her survivors shall have a vested right to receive the retiree health benefits that were provided in this Chapter on July 1, 2011, and to receive the maximum amount of annual increases in subsidies or reimbursements for retiree health benefits in all subsequent years thereafter as authorized in this Chapter on June 30, 2011, provided that all conditions of eligibility prescribed in this Chapter are satisfied. The freeze established in Section (a) of this Chapter shall not apply to these members and their survivors. The right to make the irrevocable election provided in this Section shall be limited to a 45-day opt-in period, except as required by applicable law or as otherwise provided below. In order to make such irrevocable election, a member must file with the Department of Fire and Police Pensions (LAFPP) an election form prescribed by the LAFPP. Based upon input from the Office of the City Administrative Officer (CAO), the LAFPP shall establish the 45-day period during which members' election forms may be accepted. If a member does not file the election form within the 45-day period, the member is assumed to have irrevocably elected to not make the Additional Contributions and the freeze established in Section of this Chapter shall apply to the member and his or her survivors. The CAO shall establish a Dispute Resolution Committee (DRC) to review member requests to make an election after the 45-day period. The LAFPP shall have no authority to decide whether or not to accept late election forms after the close of the 45-day period (a late election form) and shall refer members to the DRC for that purpose. The DRC may approve a member's request to irrevocably elect to make the Additional Contributions only if the DRC determines that the member did not timely elect to make the Additional Contributions due to a personal hardship that occurred outside of the opt-in period. The DRC's decision to approve or deny a member's request shall be final and conclusive. If the DRC approves the member's request, the CAO shall so advise the LAFPP in writing, whereupon the LAFPP shall accept the member's late election form. The Additional Contributions shall commence after the DRC's approval of the late election form, and the LAFPP shall be authorized to collect back contributions as determined by the DRC in its sole discretion and communicated in writing to the LAFPP by the CAO. The DRC is not authorized to allow a member to revoke the member's irrevocable election. The City Council, on a Motion that is adopted by a two-thirds majority, may authorize the LAFPP to conduct additional opt-in periods during which members shall have the right to make the irrevocable election provided in this Section. Added by Ord. No. 181,893, Eff CHAPTER 12 SALARIES OF ELECTED OFFICIALS Sec Official Salaries Authority. Based on Charter, Sec Amended by: Ord. No. 154,252, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries for Fiscal Year.

266 Added by Ord. No. 148,100, Eff , Oper Amended by: Ord. No. 149,947, Eff , Oper ; Ord. No. 150,449, Eff ; Ord. No. 152,515, Eff , Oper Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries for Fiscal Year. Added by Ord. No. 148,100, Eff , Oper Amended by: Ord. No. 149,947, Eff , Oper ; Ord. No. 150,449, Eff ; Ord. No. 152,515, Eff , Oper Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries. Added by Ord. No. 155,516, Eff , Oper Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries. Added by Ord. No. 158,647, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries. Added by Ord. No. 159,926, Eff Oper Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries. Added by Ord. No.162,521, Eff Repealed by Ord. No. 173,308, Eff , Oper Sec Salaries. Added by Ord. No. 164,967, Eff , Oper Repealed by Ord. No. 173,308, Eff , Oper CHAPTER 13 ADMINISTRATIVE DETERMINATIONS Section Applicability of Section of the Code of Civil Procedure to Certain Adjudicatory Administrative Decisions of the City. Sec Applicability of Section of The Code of Civil Procedure to Certain Adjudicatory Administrative Decisions of the City. The provisions of Section of the Code of Civil Procedure of the State of California shall be applicable in the City of Los Angeles to decisions by the City or by any officer. employee, board, commission or other agency of the City. As used in this section, decision means an adjudicatory administrative decision

267 made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance. Added by Ord. No. 152,079, Eff CHAPTER 14 DEFERRED COMPENSATION PLAN Section Deferred Compensation Plan Definitions Participation in the Plan Deferral of Compensation Investment Fund and Trust Investment Accounts Distribution of Benefits Administration of the Plan Rights of Participants Amendment and Termination Miscellaneous [No Title.] Sec Deferred Compensation Plan. The name of this plan is the City of Los Angeles Deferred Compensation Plan (the Plan ). It is the primary purpose of the Plan to attract and hold personnel by permitting all officers and Employees of the City to enter into agreements with the City which will provide for deferral of payment of a portion of their compensation until death, disability, retirement, termination of employment, or other events as provided herein, in accordance with the applicable provisions of Section 457 of the Internal Revenue Code of 1986, as amended (26 U.S.C Section 1 et seq.). The Plan shall be considered an Employee benefit plan or savings plan for purposes of California Civil Code Section 5106(b) as amended from time to time, or its successor sections. The City of Los Angeles Board of Deferred Compensation Administration shall prepare and adopt a Plan Document which together with the provisions of this Chapter shall be the governing document for the Plan. The Plan Document and any amendments thereto shall be consistent with the provisions of this Chapter. The provisions of this Chapter shall be controlling. Any conflicts or inconsistencies between the provisions of the Plan and this Chapter shall be resolved in favor of the provisions of this Chapter. Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 174,407, Eff , Oper Sec Definitions. (a) Employer or City means all offices, bureaus, and departments of the City of Los Angeles and includes therein departments which have control of their own definite revenues. (b) Employee means any full-time employee or officer of the City or any member of one of the City s retirement or pension plans, excluding the Pension Savings Plan, who performs services for the City. (c) (d) Participant means any employee who has fulfilled the requirements of enrollment in the Plan. Beneficiary means any person, trust, corporation, or firm, or any combination thereof, designated by a participant to receive benefits under the Plan. (e) Participation Agreement means the agreement filed by an employee with the Administrator(s) in which the Employee elects to become a Participant in the Plan. (f) Compensation means all wages or salaries to be paid to an Employee for services rendered including any amounts of Deferred Compensation that may be credited to the Participant s Account. Compensation shall be taken into account at its present value and its amount shall be determined without regard to any community property laws.

268 (g) Deferred Compensation means that portion of an Employee s compensation which said Employee has elected to defer in accordance with the provisions of this Deferred Compensation Plan, subject to the following limitations: (1) The maximum amount that may be deferred under the Plan for the taxable year of a Participant shall not exceed the lesser of (1) $11,000 for the taxable year 2002, $12,000 for the taxable year 2003, $13,000 for the taxable year 2004, $14,000 for the taxable year 2005, and $15,000 for the taxable year 2006, and as adjusted for the cost-of-living in accordance with Internal Revenue Code Section 457 (e) (15) for taxable years beginning after December 31, 2006, or (2) any other applicable limitation established under the Internal Revenue Code related to the participant s compensation or includible compensation. (2) Provided, however, that for one or more of a Participant s last three taxable years ending prior to either a Participant s Normal or Deferred Retirement Date, the maximum amount that may be deferred under the Plan shall be the lesser of (1) twice the dollar amount of the applicable dollar limit for that taxable year as defined under (1) above, or (2) the sum of (i) the limitation in (1) above for the taxable year and (ii) the limitation under (1) above for any taxable year or years which began after December 31, 1982, and in which the participant was eligible to participate in the Plan less the amount of Compensation deferred under the Plan for any such prior taxable year or years. A Participant may only utilize this Subsection (2) once, whether under this Plan or any other Eligible Deferred Compensation Plan. (3) Individuals who are age 50 or over prior to the end of a taxable year are eligible for an additional elective deferral which shall not exceed the lesser of $1,000 for the taxable year 2002, $2,000 for the taxable year 2003, $3,000 for the taxable year 2004, $4,000 for the taxable year 2005, and $5,000 for the taxable year 2006, and as adjusted for the cost-of-living in accordance with Internal Revenue Code Section 414(v)(2) for taxable years beginning after December 31, 2006, or (2) the excess (if any) of (a) the Participant s compensation (as defined in Section 415(c)(3) for the year), over (b) any other elective deferral of the Participant for such year which are made without regard to this subsection. (h) Includible Compensation means compensation as determined under Internal Revenue Code Section 457(e)(i). (i) Administrator means the duly authorized designee contracted for that purpose to act as the employer s agent. The Board may elect to contract with one or more Administrator(s). (j) Board means the Board of Deferred Compensation Administration established by the City and operating according to the provisions of Section The Board is responsible for administration of the Plan. (k) Normal Retirement Date refers to an age which is no later than age 70½ and no earlier than the earliest age at which a Participant has the right to retire under the Employer s basic pension plan, without consent of the Employer, and to receive immediate retirement benefits without actuarial or similar reduction. (l) Deferred Retirement Date means the date beyond the Normal Retirement Date specified in (k) which is designated by the participant. Such date shall not exceed the date on which the participant incurs a termination of employment. (m) Eligible Deferred Compensation Plan has the meaning given it by Internal Revenue Code Section 457 and the regulations thereunder. (n) Investment Account or Account means the account established for a Participant by the Board or the Administrator pursuant to Section Added by Ord. No. 154,806, Eff Amended by: Subsecs. (a), (b), (c), (e), (g), and (i) amended, Subsecs. (k), (l), and (m) added, Ord. No. 158,396, Eff ; Subsec. (j), Ord. No. 170,512, Eff ; Subsec. (g)(1), Ord. No. 172,105, Eff ; Subsecs. (b), (e), (f), (g), (h), (i), (j), (k) and (m) amended, Subsec. (n) added, Ord. No. 174,407, Eff , Oper Sec Participation in the Plan. (a) The Plan Document established by the Board shall provide the requirements for participation in the Plan. (b) A participant may transfer to this Plan amounts previously deferred under another Eligible Section 457 Deferred Compensation Plan. A participant may transfer to this Plan amounts in other eligible plans if provided for under the Plan Document and if authorized by Section 457 of the Internal Revenue Code and the Regulations promulgated thereunder. The Plan Document established by the Board shall define the requirements and eligibility for transfers into the Plan. Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 158,396, Eff ; Subsec. (g), Ord. No. 162,923, Eff ; Subsecs. (f) and (g), Ord. No. 170,511, Eff ; In Entirety, Ord. No. 174,407, Eff , Oper Sec Deferral of Compensation. During each payroll period in which the Employee has elected to defer compensation under a Participation Agreement, the City Controller and Department of

269 Water and Power Payroll shall defer payment of such part of the Employee s Compensation as is specified by the Employee in the Participation Agreement. Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 158,396, Eff ; Subsec. (g), Ord. No. 162,923, Eff ; In Entirety, Ord. No. 174,407, Eff , Oper Sec Investment Fund and Trust. The Employer shall establish a separate fund to hold all assets and income of the Plan, including amounts, assets and income held in custodial accounts or annuity contracts described in Internal Revenue Code Section 401(f). Such fund shall be held in trust for the exclusive benefit of Participants and their Beneficiaries in accordance with the terms and conditions of the Plan, and for defraying reasonable expenses of administration of the Plan. With respect to custodial accounts or annuity contracts described in Internal Revenue Code Section 401(f), the contract documents and all other pertinent documents therefor shall clearly state that the amounts, assets and income subject thereto are so held. Neither the existence of the Plan, nor of the trust nor of the fund shall entitle any Participant, Beneficiary or other person to a claim or lien against the assets of the Plan or the trust. The Participants and their Beneficiaries shall have only the right to receive the benefits payable under the Plan as provided in this chapter. Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 159,849, Eff ; In Entirety, Ord. No. 172,105, Eff ; In Entirety, Ord. No. 174,407, Eff , Oper Sec Investment Accounts. The City (acting through the Administrators), shall cause to be established for each Participant a book account (the Investment Account ). The City shall cause to have credited to each account amounts equal to the Compensation deferred by the Participant under the Plan less any applicable fees. The assets of the account shall be invested in such investments as the law may allow and as offered under the Plan. Each Participant s Investment Account shall further be credited with earnings, gains or losses applicable to such investments. The City shall not be liable to Participants in the Plan, their Beneficiaries or any other persons for any losses on any investment credited to any Investment Account. Added by Ord. No. 164,806. Eff Amended by: Ord. No. 158,396, Eff ; In Entirety, Ord. No. 172,105, Eff ; In Entirety, Ord. No. 174,407, Eff , Oper Sec Distribution of Benefits. (a) hardship. The Plan Document established by the Board shall provide the requirements for distributions from the Plan, including distributions for financial (b) Notwithstanding any other provisions of this section or of the Plan Document, the City may change the time or methods of distribution of benefits available under the Plan provided such changes comply with Internal Revenue Service rules and regulations. The City may, at its discretion, discharge in full obligations under the Plan to any participant, or following the death of the participant by distributing to the participant s beneficiary or beneficiaries, an amount equal to the balance of the participant s Investment Account plus or minus gains or losses, but less any fees and income taxes required to be withheld. Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 158,396, Eff ; Subsec. (a), Ord. No. 172,105, Eff ; Subsec. (d) added, Ord. No. 172,105, Eff ; In Entirety, Ord. No. 174,407, Eff , Oper Sec Administration of the Plan. (a) The Board shall have the sole authority for the operation of the Plan in accordance with its terms and shall rule on all questions arising out of the administration, interpretation and application of the Plan, which determination shall be conclusive and binding on all Participants. Actions of the Board are subject to the provisions of Charter section 245. (b) One or more organization(s) shall be selected and contracted with by the Board to assist the Board in the administration of the Plan and to provide Plan investment options, Plan consulting services, Plan auditing services, and other services related to the administration of the Plan. The contractor(s) shall be governed by the Board. (c) The Board shall be responsible for making hardship determinations.

270 (d) The Board shall also report annually to the City Council and to all Plan Participants concerning the administration and financial condition of the Plan. (e) Effective July 1, 2008, the Board of Deferred Compensation Administration shall consist of nine Board Members (Board Members), as follows: (1) The General Manager of the Personnel Department who shall coordinate and/or disseminate rulings and responses necessitated by Board actions; and shall, through his/her Office, provide staff assistance and support to the Board. (2) The General Manager of the Los Angeles City Employees Retirement System. (3) The General Manager of Fire and Police Pensions. (4) The Retirement Plan Manager of the Water and Power Employees Retirement Plan. (5) One elected representative from the Los Angeles City Employees Retirement System, who shall be an active City employee and Plan Participant, elected by a plurality vote of the active membership of the Los Angeles City Employees Retirement System. (6) One elected representative from the Fire and Police Pensions, who shall be an active employee and Plan Participant, elected by a plurality vote of the active membership of Fire and Police Pensions. (7) One elected representative from the Water and Power Employees Retirement Plan, who shall be an active employee and Plan Participant, elected by a plurality vote of the active membership of the Water and Power Employees Retirement Plan. (8) One elected retired employee representative, who shall have retired or otherwise severed employment from the City and be a Plan Participant, elected by a plurality vote of Plan Participants who have retired or otherwise severed employment from the City. (9) One employee organization representative selected by the City s recognized employee organizations. The representative shall be an active City employee and Plan Participant. Beginning July 1, 2008, the selection of the representative must occur and be certified by formal action of the recognized employee organizations not less frequently than once every two years. An elected term for Board Members designated in (5) through (8) above shall be three years. The Office of the City Clerk shall administer those elections, and the Plan shall bear the costs of the elections. Should a vacancy occur within an elected position, wherein the balance of the term is between one and three years, a special election shall be held to fill the vacancy. Should a vacancy occur within an elected position, wherein the balance of the term is less than one year, the position may be filled with a representative selected by the corresponding retirement board. The selection of the employee organization representative shall be conducted by the City s recognized employee organizations in accordance with the procedures established by those organizations for that purpose. Until July 1, 2008, the Board shall continue to be constituted, and its members selected in the manner specified as of July 1, The new terms of all Board Members shall begin July 1, 2008, with the exception of the elected representative of the Water and Power Employees Retirement Plan and the elected retired employee representative whose terms shall begin on July 1, The persons representing the Water and Power Employees Retirement Plan and the retired employees on July 1, 2008, shall continue to serve as Board Members until July 1, No elected Board Member shall be subject to a limit on the number of terms he or she may serve. Board Members shall serve without compensation. The Board shall elect a new chairperson and vice-chairperson from among its members at its first meeting in January of every even numbered year, and shall promulgate rules and bylaws for the conduct of its meetings within the Deferred Compensation Plan Document. (f) It is the intent of the City Council that the Plan operate at no cost to the City. Administrative and operating costs are to be defrayed by the participating Employees through direct assessments or fees to be determined by the Board based upon arrangements that the Board may negotiate with service/product providers. (g) Department managers will permit Employees to attend up to two presentations annually to be given by the Administrator(s) to explain the Plan. Department managements will permit Employees to use accumulated overtime or adjust their hours or otherwise make up for the time spent at the presentation. The method of making up the time is subject to department management approval. Presentations will be scheduled in City facilities and may occur during normal business hours. The Administrator(s) shall not directly contact any department management to set up these meetings, but shall work through the Board. (h) The Administrator(s) shall be provided space to meet individually by appointment with Employees interested in participating in the Plan. Employees wishing to meet with the Administrator(s) during their normal working hours must obtain prior permission from their department managers and must arrange to make up the time taken to meet with the Administrator(s). Time can be made up by using compensatory time, or another method that the department management approves. (i) The Board is hereby authorized to approve, and the chair of the Board is hereby authorized to execute, amendments to contracts with Plan administrators when the amendments result in no new costs to either the City or to any participants in the Plan. (j) The Board shall periodically cause to be conducted representative sample surveys of Plan Participants to determine member satisfaction, complaints, ideas for improvement of the Plan, and to obtain similar information.

271 Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 158,396, Eff ; Ord. No. 162,923, Eff ; Ord. No. 162,980, Eff ; Ord. No. 165,932, Eff ; Ord. No. 170,511, Eff ; Ord. No. 170,512, Eff ; Ord. No. 172,415, Eff ; In Entirety, Ord. No. 174,407, Eff , Oper ; In Entirety, Ord. No. 179,803, Eff Sec Rights of Participants. Each participant shall be deemed to have assented to all the terms and conditions of the Plan upon execution of a Participation Agreement. No participant shall have the power or right to sell, transfer, assign, hypothecate, or otherwise dispose of all or any part of the Investment Account or any right which the participant may have under the Plan. Each participant shall have the right to designate a beneficiary or beneficiaries, including contingent beneficiaries, to receive any benefits which may be payable under the Plan upon the death of such participant. Each participant may request the City to make distribution of benefits to such participant or the designated beneficiaries in any manner authorized in the Plan. The City shall give due consideration to such requests but shall not be bound by them. Final determination regarding the method and manner of all distributions from the Plan shall, at all times, be at the discretion of the City. Added by Ord. No. 154,806, Eff Sec Amendment and Termination. The Plan may be amended or terminated by the City at any time. No amendment or termination of the Plan shall reduce or impair the rights of any Participant or Beneficiary which may have already accrued. Upon termination of the Plan, the City may, at its option, distribute to all Participants an amount equal to the balance of their Investment Accounts, less any tax liabilities as soon as administratively feasible upon termination of the Plan. Added by Ord. No. 154,806, Eff Amended by: In Entirety, Ord. No. 174,407, Eff , Oper Sec Miscellaneous. (a) Nothing in the Plan shall be construed as conferring upon any participant any right to continue employment with the City. (b) The Plan shall be subject to the applicable laws of the State of California, including but not limited to those laws pertaining to community property, and to the applicable laws of the United States, including but not limited to the Internal Revenue Code of 1986, as amended (26 U.S.C. Sections 1 et. seq.). (c) The captions used in this chapter are for the purpose of convenience only and shall not limit, restrict, or enlarge the provisions of the Plan. (d) The Plan shall be binding upon and shall inure to the benefit of the City, its successors and assigns, all participants and beneficiaries, and their heirs and authorized representatives. (e) As used in this chapter, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others unless the context clearly indicates otherwise. (f) Any notice or other communication required or permitted under the Plan shall be in writing and, if directed to the City, shall be sent to its principal office and, if directed to a participant or to a beneficiary, shall be sent to such participant or beneficiary at the last known address for such person as it appears in the City s records. (g) Deductions for employee contributions to all City retirement plans shall be made without reference to amounts deferred pursuant to this Plan and shall be based upon the gross salary the participant would receive if the participant had not elected to defer income. (h) Each participant in the Plan shall be deemed to have waived any rights to periodic payments of salaries or wages pursuant to the provisions of the Charter concerning periodic payment of salaries or wages to officers and employees of the City. (i) If any participant terminates employment with the City, dies, or retires, with an unpaid debt owing to the City, and neglects or refuses to liquidate the debt by any other means when due and upon demand, the City shall collect the amounts due from the deferred compensation owed to such participant under the Plan.

272 (j) The City shall not be liable to any participant, a participant s beneficiary, heir, successor in interest, or any other person for any losses incurred in connection with the Plan. Any action by the City in investing funds or approving of any such investment of funds shall not be construed to be either an endorsement or guarantee of any investments, nor shall it be construed to attest to the financial soundness or the suitability of any investment for the purpose of meeting future obligations under the Plan. Added by Ord. No. 154,806, Eff Amended by: Subsecs. (e), (h) repealed; (i), (j), (k), renamed (h), (i), (j), Ord. No. 158,396, Eff ; Subsec. (b), Ord. No. 174,407, Eff , Oper Sec [No Title.] (k) Beginning January 1, 2009, Employees may make voluntary contributions to deemed individual retirement accounts in accordance with the requirements in Internal Revenue Code Section 408(q) and the Deferred Compensation Plan Document. Added by Ord. No. 180,339, Eff CHAPTER 15 IMPLEMENTATION OF INTERNAL REVENUE CODE SECTION 414(h)(2) Section Purpose of Chapter Definition Pick up of Employee Contributions Wage Adjustment Limitation to Operability Purpose of Chapter Amendment Definitions Pick-up of Employee Contributions Wage Adjustment Limitation to Operability. Sec Purpose of Chapter. The purpose of this chapter is to implement the provisions contained in Section 414(h)(2) of the Internal Revenue Code of the United States concerning the tax treatment of employee contributions paid by the City on behalf of affected employees. Pursuant to Section 414(h)(2) contributions to a pension plan, although designated under the plan as employee contributions, when paid by the employer in lieu of contributions by the employee, under circumstances in which the employee does not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer, may be excluded from the gross income of the employee until these amounts are distributed or made available to the employee. Implementation of Section 414(h)(2) is accomplished through a reduction in wages pursuant to the provisions of this chapter. Added by Ord. No. 160,500, Eff , Oper Sec Definition. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) Affected employees shall mean those employees of the City of Los Angeles who make employee contributions to a retirement system. (b) Employee contributions shall mean those contributions to a retirement system which are deducted from the salary of employees and credited to individual employees accounts.

273 (c) Employer shall mean the City of Los Angeles. (d) Gross income shall mean the total compensation paid to affected employees by the City of Los Angeles as defined in the Internal Revenue Code and rules and regulations established thereunder. (e) Retirement system shall mean the Los Angeles City Employees Retirement System as set forth in Article XI of the Charter of the City of Los Angeles. (f) Wages shall mean the total compensation earned by affected employees from the City of Los Angeles. Added by Ord. No. 160,500, Eff , Eff Amended by: Subsec. (e), Ord. No. 173,272, Eff , Oper Sec Pick Up of Employee Contributions. (a) Pursuant to provisions of Section of this chapter the employer shall make employee contributions on behalf of affected employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. Such contributions shall be made by the employer in lieu of employee contributions. (b) employees. Employee contributions made under Subsection (a) of this section shall be paid from the same source of funds as is used in paying wages to affected (c) For all purposes other than taxation, employee contributions made by the employer under Subsection (a) of this section shall be treated in the same manner and to the same extent as employee contributions made prior to the operative date of this chapter. (d) No provisions in this chapter shall be construed so as to permit or extend an option to affected employees to directly receive the contributions made by the employer pursuant to Subsection (a) of this section instead of having them paid to a retirement system. Added by Ord. No. 160,500, Eff , Oper Sec Wage Adjustment. Notwithstanding any other provision of this Code, the wages of affected employees shall be reduced by the amount of any employee contributions made by the employer pursuant to the provisions of this chapter. Added by Ord. No. 160,500, Eff , Oper Sec Limitation to Operability. This chapter shall be operative only so long as the City s pick up of employee s contributions continues to be excludable from the gross income of the affected employees under the provisions of the Internal Revenue Code. Added by Ord. No. 160,500, Eff , Oper Sec Purpose of Chapter Amendment. The purpose of this amendment is to implement the provisions of Section 414(h)(2) of the Internal Revenue Code, which permits employees to tax-defer their pension contributions until such contributions are distributed or made available to the employee, for sworn members of the Fire and Police Pension System. Implementation of Section 414(h)(2) is accomplished through a reduction in wages pursuant to the provisions of this chapter. Added by Ord. No. 171,444, Eff (The provisions of this Ord. shall not become operative until the first day of the payroll period which includes January 1, 1997.)

274 Sec Definitions. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) Affected employees shall mean those sworn employees of the City of Los Angeles who make employee contributions to the Fire and Police Pension System. (b) Employee contributions shall mean those contributions to the pension system which are deducted from the salary of sworn employees and credited to individual employees accounts. (c) Employer shall mean the City of Los Angeles. (d) Gross income shall mean the total pension-based compensation paid to affected employees by the City of Los Angeles as defined in the Internal Revenue Code and rules and regulations established thereunder. (e) (f) Pension system shall mean the Fire and Police Pension Plans as set forth in Article XI, Part 3 of the Charter of the City of Los Angeles. Wages shall mean the total pension-based compensation earned by affected employees from the City of Los Angeles. Added by Ord. No. 171,444, Eff (The provisions of this Ord. shall not become operative until the first day of the payroll period which includes January 1, 1997.) Amended by: Subsec. (e), Ord. No. 173,272, Eff , Oper Sec Pick-Up of Employee Contributions. (a) Pursuant to the provisions of Section of this chapter, the employer shall make employee contributions on behalf of affected employee, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. Such contributions shall be made by the employer in-lieu of employee contributions. (b) employees. Employee contributions made under Subsection (a) of this section shall be paid from the same source of funds as is used in paying wages to affected (c) For all purposes other than taxation, employee contributions made by the employer under Subsection (a) of this section shall be treated in the same manner and to the same extent as employee contributions made prior to the operative date of this chapter. (d) No provisions in this chapter shall be construed so as to permit or extend an option to affected employees to directly receive the contributions made by the employer pursuant to Subsection (a) of this section instead of having such contributions paid to a pension system. Added by Ord. No. 171,444, Eff (The provisions of this Ord. shall not become operative until the first day of the payroll period which includes January 1, 1997.) Sec Wage Adjustment. Notwithstanding any other provision of this Code, the wages of affected employees shall be reduced by the amount of any employee contributions made by the employer pursuant to the provisions of this chapter. Added by Ord. No. 171,444, Eff (The provisions of this Ord. shall not become operative until the first day of the payroll period which includes January 1, 1997.) Sec Limitation to Operability. This chapter shall be operative only so long as the City s pick-up of employee contributions continues to be excludable from the gross income of the affected employees under the provisions of the Internal Revenue Code. Added by Ord. No. 171,444, Eff (The provisions of this Ord. shall not become operative until the first day of the payroll period which includes January 1, 1997.)

275 CHAPTER 16 PENSION SAVINGS PLAN FOR PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES Section Purpose and Authority for Pension Savings Plan Definitions Commencement of Participation Pension Savings Plan Contributions Pension Savings Investment Fund and Trust Investment Accounts Benefit Distributions Disability or Death Division of Participant s Community Property Interest in the Plan Changes in Distribution Administration of the Plan Transfers to or from Comparable Plans Transfers to Other City Plans Amendment or Termination of the Pension Savings Plan Rights of the Participants Miscellaneous. Sec Purpose And Authority For Pension Savings Plan. This Pension Savings Plan is designed to provide retirement benefits for certain part-time, seasonal and temporary employees of the City of Los Angeles who are not members of the Los Angeles City Employees Retirement System, the Fire and Police Pension Plans or the Water and Power Employees Retirement Plan. The plan is provided to employees in lieu of participation in the Social Security System. The Plan is intended to comply with Section 457 of the Internal Revenue Code of 1986, the Omnibus Budget Reconciliation Act (OBRA) of 1990, and applicable Treasury regulations. The Plan shall be considered an employee benefit plan or savings plan for purposes of California Civil Code Section 5106(b), as amended from time to time, or its successor sections. Added by Ord. No. 169,047, Eff Amended by: First Sentence, Ord. No. 173,272, Eff , Oper Sec Definitions. (a) Administrator means a duly authorized designee for the purpose of acting as the City s agent with respect to the Plan. The General Manager of the Personnel Department shall be the Plan Administrator, however, the City may elect to contract with one or more firms to provide services related to the Plan. (b) Beneficiary means any person, trust, firm, or corporation or any combination thereof, designated by a participant to receive benefits under the Plan. (c) City Contribution means an amount equal to 3.0% of a Participant s Compensation that is credited by the City as deferred compensation to such participant s Book Account (also referred to as Investment Account) in the Plan. (d) Code means the Internal Revenue Code of 1986, as amended. (e) Compensation means all wages or salaries to be paid to an employee for services rendered, without deduction for any portion thereof deferred under the provisions of this Plan, but shall not exceed the contribution and benefit base determined under Section 230 of the Social Security Act for such Plan Year. (f) plan. Eligible employee means any part-time, seasonal or temporary officer or employee of the City who is not a member of any other City Retirement (g) Employer or City means all offices, bureaus and departments of the City of Los Angeles and included departments which have control of their own definite revenues. (h) Normal Retirement means a Participant s separation from service at an age no earlier than the earliest age of voluntary retirement without actuarial or similar reduction for an employee similarly situated who is a member of the Los Angeles City Employees Retirement System, and no later than age 70 1/2. (i) Participant means any eligible employee or officer of the City who is a member of the Pension Savings Plan.

276 (j) Participant Contribution means an amount equal to 4.5% of a participant s compensation that is deferred and credited to such participant s Investment Account in the Plan as a term and condition of the Participant s employment with the City. (k) Plan means the City of Los Angeles Pension Savings Plan, the terms and provisions of which are herein set forth, as the same may be amended from time to time. (l) Plan Year means each 12-month period beginning on January 1 and ending on December 31. Added by Ord. No. 169,047, Eff Amended by: Subsec. (a), Ord. No. 170,512, Eff ; Subsec. (h), Ord. No. 173,272, Eff , Oper Sec Commencement of Participation. An eligible employee shall automatically become a participant in the Plan on the later of (i) the effective date of the Plan or (ii) the date of commencement of employment status which causes the employee to become eligible for participation in the Plan. An agreement for participation shall be executed for each participant as a condition of employment. An eligible employee shall cease to be a participant upon termination from City service or on the commencement of participation in one of the City s other retirement or pension plans. An eligible employee shall cease to be a participant upon the distribution of the participant s interest in the investment account. Added by Ord. No. 169,047, Eff Sec Pension Savings Plan Contributions. (a) Each eligible employee who becomes a participant shall defer 4.5% of his or her compensation for each plan year, and the City shall credit such participant contribution to the participant s investment account. The City shall further credit to the investment account of each participant an amount equal to 3.0% of such participant s compensation for the plan year. The 4.5% of compensation deferred by the participant and the 3% of compensation credited by the City shall total 7.5% of the participant s compensation for the plan year. (b) For any calendar year, total participant contributions plus City contributions credited to the participant s investment account shall not exceed the lesser of (1) $7,500, as adjusted for the cost-of-living in accordance with Internal Revenue Code section 457(e)(15) for taxable years beginning after December 31, 1996, or (2) 33-1/3 percent of the participant s compensation. (c) Plan. The Controller shall cause such deferrals and City contributions to be made for each payroll period during which the employee is a participant in the Added by Ord. No. 169,047, Eff Amended by: Subsec. (b) Ord. No. 172,105, Eff Sec Pension Savings Investment Fund and Trust. The City shall establish a separate City fund (the Pension Savings Investment Fund ) as a method of setting aside a portion of its assets to meet the City s obligations under the Pensions Savings Plan. All participant and City contributions shall be invested in this fund and shall be held by the City in trust for the exclusive benefit of participants and their beneficiaries in accordance with the terms and conditions of the Plan, and for defraying reasonable expenses of administration of the Plan. Neither the existence of the Plan, nor of the trust nor of the Investment Fund shall entitle any participant, beneficiary or other person to a claim or lien against the assets of the Investment Fund, the Plan or the trust. The participants and their beneficiaries shall have only the right to receive the benefits payable under the Plan as provided in this chapter. Added by Ord. No. 169,047, Eff Amended by: In Entirety, Ord. No. 172,105, Eff Sec Investment Accounts. The City shall cause to be established for each participant a book account to provide a method of measuring the City s obligation to the participant under the Pension Savings Plan. All participant and City contributions as well as earnings thereon, any applicable fees and any losses shall be credited or debited, as

277 appropriate, to such investment account. The assets of the account shall be invested in such investments as the law may allow. The City shall not be liable to participants in the Pension Savings Plan for any losses on any investment credited to any account. The interest of each participant in contributions and any earnings thereon, credited to the investment account will be immediately 100% vested and nonforfeitable at all times. Added by Ord. No. 169,047, Eff Amended by: First Unnumbered Para., Ord. No. 172,105, Eff Sec Benefit Distributions. (a) The City shall distribute benefits under the Pension Savings Plan to a participant or his/her beneficiary only upon termination of the participant s employment with the City or his or her retirement, disability or death. (b) If a participant retires or terminates from City service, the full amount credited to his/her account plus or minus subsequent investment gains or losses, less any income taxes required to be withheld, shall be distributed to the Participant in a single cash payment sixty (60) days from the time of the Participant s retirement or separation from City service. Provided however, a Participant may instead irrevocably elect, on a form provided by the City or its duly authorized agent: (i) to transfer such amount to another Eligible State Deferred Compensation Plan, (ii) defer distribution of such amount for up to 24 months pending rehire, or (iii) if such amount exceeds $3500, leave the accumulated funds in the Plan. A request to withdraw funds left in the Plan may be made at any time after retirement or separation from City service. (c) Plan. (d) The Participant may elect the payment option under subsection (b) only prior to the commencement of any distribution of any distribution under the No financial hardship withdrawals shall be allowed under the Plan while a Participant remains an active City employee. (e) Distributions shall commence not later than the later of: (1) sixty (60) days after the close of the plan year in which the participant attains normal retirement age, or (2) sixty (60) days after the close of the plan year in which the participant separates from City service. Added by Ord. No. 169,047, Eff Sec Disability or Death. (a) In the event of total disability of a participant while an employee of the City, the City shall distribute the entire balance of the participant s account in accordance with Sec For purposes of this section, a participant shall be considered totally disabled if the participant is unable to engage in any substantial employment by reason of any medically determinable physical or mental impairment. Any determination of a participant s total disability shall be at the discretion of the City. (b) In the event of the death of the participant while the participant is an employee of the City, the City shall cause to be paid to the participant s beneficiary or beneficiaries the full amount of compensation credited to the participant s Investment Account less fees plus or minus subsequent gains or losses, but less any income taxes required to be withheld, in one or more of the following methods to be selected at the discretion of the City: (i) consecutive monthly payments for a number of months not less than six (6) and not more than one hundred and eighty (180), (ii) consecutive monthly payments for the life of the participant s beneficiary or beneficiaries except that this option shall be available for spouses only, or (iii) a single payment. Total benefits distributed shall not exceed the sum of the amounts deferred by the participant plus or minus gains or losses, but less any income taxes required to be withheld. (c) In the event of the death of the participant subsequent to termination of employment but prior to receipt of all amounts due under the Plan, the City shall cause to be paid to the participant s beneficiary or beneficiaries the balance, if any, in the participant s Investment Account which would have been paid to the participant in one or more of the methods provided in Subsection (b) of this section. The method of disbursement shall be at the discretion of the City. Added by Ord. No. 169,047, Eff Sec Division of Participant s Community Property Interest in the Plan. In the event the participant s interest in the Plan is of a community property nature, in whole or part, and such community property interest is awarded, in whole or part, to the participant s spouse pursuant to proceedings for legal separation, dissolution, nullity, or other proceedings to terminate the marriage, then that portion of the participant s interest in the Plan awarded to the participant s spouse shall be paid to the participant s spouse, but less nay income taxes required to be withheld, provided that the amount so paid shall not exceed the full amount of compensation credited to the participant s account plus or minus subsequent gains or

278 losses, less any income taxes required to be withheld, and further provided that the participant s account shall be reduced accordingly. Distribution of such community property interest may not be made until distribution commences for the participant. Added by Ord. No. 169,047, Eff Sec Changes in Distribution. Notwithstanding any other provisions of this section, the City may change the time or methods of distribution of benefits available under the Plan provided such changes comply with Internal Revenue Service rules and regulations. Added by Ord. No. 169,047, Eff Sec Administration of the Plan. (a) The Plan shall be administered by the General Manager of the Personnel Department, provided, however, that said General Manager may contract with one or more private firms for services related to the Plan. Contractor fees shall be reimbursed from earnings of the Plan and paid from the earnings of the participant s account. The administrator shall be responsible for preparation and delivery to the Council and to Plan participants, of annual reports concerning the administration and financial condition of the Plan. (b) The Pension Savings Plan Advisory Committee, which shall consist of the members set forth in Section of the Los Angeles Administrative Code, shall provide advice to the General Manager of the Personnel Department regarding the administration of the Plan and regarding the methods of distribution of benefits. Added by Ord. No. 169,047, Eff Amended by: In Entirety, Ord. No. 170,512, Eff Sec Transfers to or from Comparable Plans. If a participant terminates from City service in order to accept employment with another eligible employer (within the meaning of Section 457 of the Internal Revenue Code) which sponsors and eligible deferred compensation plan and if the participant so elects on a form provided by the City or its authorized delegate, no distribution of amounts credited to such participant s account shall be made under this Plan but instead shall be transferred to the eligible deferred compensation plan of the new employer of such participant, provided that such plan specifically authorizes acceptance of amounts transferred in this manner. In the event that a participant has entered City service after having been a participant i another such eligible deferred compensation plan, the City will accept a transfer of funds from such other plan for credit to such participant s Investment Account. Added by Ord. No. 169,047, Eff Sec Transfers to other City Plans. A Participant who remains an active City employee, who commences participation in one of the City s other retirement plans and who meets the eligibility requirements of any other eligible deferred compensation plan sponsored by the City, may elect to transfer the Participant s membership in the Pension Savings Plan and any amounts credited to his/her investment account to the City s Deferred Compensation Plan. Upon transfer to a position which provides for membership in one of the City s other retirement plans, both Participant and City contributions to the Pension Savings Plan shall cease. Added by Ord. No. 169,047, Eff Sec Amendment or Termination of the Pension Savings Plan. The Pension Savings Plan may be amended or terminated by the City at any time or the City may, without amending or terminating the Plan, cease to set aside assets under the Plan. No amendment or termination of the Plan, and no cessation of the setting aside of assets shall reduce or impair the rights of any participant or beneficiary which have already accrued. In the event the Plan is terminated by the City, the City shall distribute to each participant in a single cash payment the balance in such participant s Investment Account, less any tax liabilities, as soon as practicable after such termination.

279 Added by Ord. No. 169,047, Eff Sec Rights of the Participants. Each participant shall be deemed to have assented to all of the terms and conditions of the Plan upon execution of a Participation Agreement. No participant shall have the power or right to sell, transfer, assign, hypothecate, or otherwise dispose of all or any part of the Investment Account or any right which the participant may have under the Plan Each participant shall have the right to designate a beneficiary or beneficiaries, including contingent beneficiaries, to receive any benefits which may be payable under the Plan upon the death of such participant. Each participant may request the City to make distribution of benefits to such participant or the designated beneficiaries in any manner authorized in the Plan. The City shall give due consideration to such requests but shall not be bound by them. Final determination regarding the method and manner of all distributions from the Plan shall, at all times, be at the discretion of the City. Added by Ord. No. 169,047, Eff Sec Miscellaneous. (a) Nothing in the Plan shall be construed as conferring upon any participant any right to continue employment with the City. (b) The Plan shall be subject to the applicable laws of the State of California, including but not limited to those laws pertaining to community property, and to the applicable laws of the United States, including but not limited to the Internal Revenue Code of 1954, as amended (26 U.S.C. Sections 1 et seq.). All persons making contributions or accepting or claiming benefits under the Plan shall be bound by and deemed to consent to its provisions. (c) The captions used in this chapter are for the purpose of convenience only and shall not limit, restrict, or enlarge the provisions of the Plan. (d) The Plan shall be binding upon and shall inure to the benefit of the City, its successors and assigns, all participants and beneficiaries, and their heirs and authorized representatives. (e) As used in this chapter, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others unless the context clearly indicates otherwise. (f) Any notice or other communication required or permitted under the Plan shall be in writing and, if directed to the City, shall be sent to its principal office and, if directed to a participant or to a beneficiary, shall be sent to such participant or beneficiary at the last known address for such person as it appears in the City s records. (g) Each participant in the Plan shall be deemed to have waived any rights to periodic payments of salaries or wages pursuant to the provisions of the Charter concerning periodic payment of salaries or wages to officers and employees of the City. (h) If any participant terminates employment with the City, dies, or retires, with an unpaid debt owing to the City, and neglects or refuses to liquidate the debt by any other means when due and upon demand, the City shall collect the amounts due from the deferred compensation owed to such participant under the Plan. (i) The City shall not be liable to any participant, a participant s beneficiary, heir, successor in interest, or any other person for any losses incurred in connection with the Plan. Any action by the City in investing funds or approving of any such investment of funds shall not be construed to be either an endorsement or guarantee of any investments, nor shall it be construed to attest to the financial soundness or the suitability of any investment for the purpose of meeting future obligations under the Plan. (j) Except to the extent required by law and except as otherwise provided in the Plan, no right or interest of any kind of a participant or beneficiary hereunder shall be transferrable or assignable by a participant or beneficiary, nor shall any such right or interest be subject to alienation, anticipation, encumbrance, garnishment, attachment, execution or levy of any kind, voluntary or involuntary. Added by Ord. No. 169,047, Eff

280 CHAPTER 17 REIMBURSEMENT OF TRAINING COSTS (Title Amended by Ord. No. 171,870, Eff ) Section Reimbursement of Police Academy Costs Reimbursement of Park Ranger Training Costs Reimbursement of Security Officer Training Costs. Sec Reimbursement of Police Academy Costs. (a) Definitions. The words and terms defined in this section shall have the following meanings as used in this article: "Department" means the Los Angeles Police Department, the Department of General Services, the Los Angeles World Airports or the Port of Los Angeles. "Police Officer" means a Police Officer or Police Specialist employed by the Los Angeles Police Department, a Special Officer employed by the Department of General Services, or a Police Officer employed by the Los Angeles World Airports or the Port of Los Angeles. "Police Academy" means the Los Angeles Police Department Police Academy. "Training" means basic recruit training or lateral training. (b) Requirements for Employment for Police Officer Candidates. 1. Any Police Officer of the Department who receives training at the Police Academy shall reimburse the Department for the estimated costs of that training should he or she voluntarily leave the Department before having served 60 continuous months following successful completion of such training and, within a year thereof, become employed by another law enforcement agency. 2. Upon application to the Department for a position as a Police Officer, an applicant shall sign a written agreement stating that he or she intends to maintain employment with the Department for at least 60 continuous months, commencing with the date of successful completion of the Police Academy training. The agreement will also provide that if the applicant leaves the Department voluntarily or involuntarily before the end of the aforementioned 60 months period, and, within the following year, accepts employment at another law enforcement agency, he or she will notify the Department in writing within ten days of such acceptance. The agreement will further provide that any Police Officer who leaves the Department before the end of the 60 months period and who accepts employment with another law enforcement agency within a year thereafter shall reimburse the City of Los Angeles for the direct and indirect costs of the training he or she received while at the Police Academy in accordance with Subsection 1. of this section. 3. The applicant will be given a copy of this section and a copy of the agreement with a reimbursement schedule attached to it. The applicant will be provided seven calendar days to review the documents and to consult with an attorney or other advisor of his or her choice. The applicant will then be required to sign the agreement, thereby acknowledging his or her understanding of the terms of this section and of the reimbursement agreement and further acknowledging that he or she is subject to them. The applicant's signing of the agreement will be witnessed and a copy will be given to the applicant. The original will be retained in the Personnel Department file under the name of the applicant. (c) Modification of Amount of Reimbursement. If a Police Officer subject to the terms of this section leaves the Department voluntarily or involuntarily within the sixty 60 month period, as described above, and begins employment with another law enforcement agency within one year thereafter, the Police Officer will be required to reimburse the City of Los Angeles for the estimated direct and indirect costs related to the Police Academy training on a pro-rated basis according to the amount of time the Police Officer was employed in that classification by the Department. The costs of the Academy training will be determined on an annual basis by the Board of Police Commissioners and may be modified more frequently, if necessary, to reflect changes in training costs. (d) Legal Costs and Attorneys Fees. In the event the Department incurs any fees or costs in an effort to collect money owed by a Police Officer pursuant to this section, the former employee shall pay such costs, including, but not limited to, legal interest on the amount of reimbursement funds due, in addition to the portion of the reimbursement obligation then due. (e) Grievance and Arbitration Not Available. Any question as to the interpretation or application of this section, or relating to payment made or due under this section or under the reimbursement agreement, shall not be subject to either a grievance or arbitration under any Memorandum of Understanding applicable to the affected Police Officer. (f) No Modification of Any Other Terms of Employment. The provisions of this section shall in no way modify any other terms and conditions of employment, and all such pre-existing terms and conditions of employment shall remain unchanged. All Civil Service and Department rules, regulations and

281 procedures, and Memoranda of Understanding that relate to Department sworn personnel remain in full force and effect. The provisions of this section in no way alter, amend, or have any effect upon the authority of the Department to invoke disciplinary action. (g) No Rights Created. This section in no way guarantees any right of continued employment to any Police Officer or recruit. Nor does this section create a property right in any affected Police Officer or recruit. (h) Return to Sworn Duty. When a former police officer who joined the Department on or after March 3, 1996, and was employed less than 60 months before resigning in good standing, and now applies for employment to be reappointed as a Police Officer (or higher rank) within 180 days of the effective date of this section, is thereafter re-appointed as a sworn officer (or higher rank), and fulfills the remainder of his or her 60 month requirement, then upon meeting all of the above conditions, the officer shall be deemed to have satisfied the reimbursement obligation of this section. If this officer again resigns from the Department prior to completing the remainder of the officer's 60 month requirement, the officer will be required to satisfy the remainder of his or her reimbursement obligation on a pro-rated basis according to the total amount of time he or she was employed as a sworn officer of the Department. Chapter and Section Added by Ord. No. 170,894, Eff Amended by: Ord. No. 171,522, Eff ; Sec. Title, Ord. No. 171,870, Eff ; Subsec. (g) added, Ord. No. 174,743, Eff ; Ord. No. 180,715, Eff Sec Reimbursement of Park Ranger Training Costs. (a) Requirements for Employment for Park Ranger Candidates. 1. Any Park Ranger employed by the Los Angeles Department of Recreation and Parks who received basic law enforcement training at an approved police academy at the City's expense shall reimburse the City of Los Angeles for the estimated costs of that training should he or she leave the Department voluntarily or involuntarily before having served 60 continuous months following successful completion of such training and, within a year thereafter, become employed by another law enforcement agency. 2. Upon application to the Los Angeles Department of Recreation and Parks for a position as a Park Ranger, an applicant shall sign a written agreement stating that he or she intends to maintain employment with the Department of Recreation and Parks for at least 60 continuous months, commencing with the date of successful completion of the police academy training. The agreement will also provide that if the applicant leaves the Department of Recreation and Parks voluntarily or involuntarily before the end of the aforementioned 60 month period, and, within the following year accepts employment at another law enforcement agency, he or she will notify the Department of Recreation and Parks in writing within ten days of such acceptance. The agreement will further provide that any officer who leaves the Department of Recreation and Parks before the end of the 60 month period and who accepts employment with another law enforcement agency within a year thereafter shall reimburse the City of Los Angeles for the direct and indirect cost of the training he or she received while at the police academy. 3. The applicant will be given a copy of this section and a copy of the agreement with a reimbursement schedule attached to it. The applicant will be provided seven calendar days to review the documents and to consult with an attorney or other advisor of his or her choice. The applicant will then be required to sign the agreement, thereby acknowledging his or her understanding of the terms of this section and of the reimbursement agreement and further acknowledging that he or she is subject to them. The applicant's signing of the agreement will be witnessed and a copy will be given to the applicant. The original will be retained in the Personnel Department file under the name of the applicant. (b) Modification of Amount of Reimbursement. If a Park Ranger subject to the terms of this section leaves the Department of Recreation and Parks within the 60 month period, as described above, and accepts employment with another law enforcement agency within one year thereafter, the Park Ranger will be required to reimburse the City of Los Angeles for the estimated direct and indirect costs related to the police academy training on a pro-rated basis calculated according to the amount of time the Park Ranger was employed in that classification by the Department of Recreation and Parks. The costs of the training will be determined on an annual basis by the Board of Recreation and Parks Commissioners and may be modified more frequently, if necessary, to reflect changes in training costs. (c) Legal Costs and Attorneys Fees. In the event the Department of Recreation and Parks incurs any fees or costs in an effort to collect money owed by a Park Ranger pursuant to this section, the former employee shall pay such costs, including, but not limited to, legal interest on the amount of reimbursement funds due, in addition to the portion of the reimbursement obligation then due. (d) Grievance and Arbitration Not Available. Any question as to the interpretation or application of this section, or relating to payment made or due under this section or under the reimbursement agreement, shall not be subject to either a grievance or arbitration under any Memorandum of Understanding applicable to the affected Park Ranger. (e) No Modification of Any Other Terms of Employment. The provisions of this section shall in no way modify any other terms and conditions of employment, and all such pre-existing terms and conditions of employment shall remain unchanged. All Civil Service and Los Angeles Department of Recreation and Parks rules, regulations and procedures, and Memoranda of Understanding that relate to Los Angeles Department of Recreation and Parks Park Rangers remain in full force and effect. The provisions of this section in no way alter, amend, or have any effect upon the authority of the Los Angeles Department of Recreation

282 and Parks to invoke disciplinary action. (f) No Rights Created. This section in no way guarantees any right of continued employment to any Park Ranger or recruit. Nor does this section create a property right in any affected Park Ranger or recruit. Added by Ord. No. 171,665, Eff Amended by: Sec. Title, Ord. No. 171,870, Eff ; Subsec. (a), Paras. 1 and 2, and Subsec. (b), Ord. No. 172,087, Eff ; Ord. No. 180,715, Eff Sec Reimbursement of Security Officer Training Costs. (a) Definitions. The words and terms defined in this section shall have the following meanings as used in this article: "Department" means the City of Los Angeles Department of General Services, the Los Angeles World Airports or the Port of Los Angeles. (b) Requirements For Employment for Security Officer Candidates. 1. Any Security Officer employed by the Department who received basic law enforcement training at an approved training academy at the City's expense shall reimburse the City of Los Angeles for the estimated costs of that training should he or she leave the Department voluntarily or involuntarily before having served 60 continuous months following successful completion of such training and, within a year thereafter, accepts employment as a security officer with another employer. 2. Upon application to the Department for a position as a Security Officer, an applicant shall sign a written agreement stating that he or she intends to maintain employment with the Department for at least 60 continuous months, commencing with the date of successful completion of the academy training. The agreement will also provide that if the applicant leaves the Department, voluntarily or involuntarily before the end of the aforementioned 60 month period, and, within the following year accepts employment as a security officer with another employer, he or she will notify the Department in writing within ten days of such acceptance. The agreement will further provide that any Security Officer who leaves the Department before the end of the 60 month period and accepts employment as security officer with another employer within a year thereafter shall reimburse the City of Los Angeles for the direct and indirect cost of the training he or she received while at the police academy. 3. The applicant will be given a copy of this section and a copy of the agreement with a reimbursement schedule attached to it. The applicant will be provided seven calendar days to review the documents and to consult with an attorney or other advisor of his or her choice. The applicant will then be required to sign the agreement, thereby acknowledging his or her understanding of the terms of this section and of the reimbursement agreement and further acknowledging that he or she is subject to them. The applicant's signing of the agreement will be witnessed and a copy will be given to the applicant. The original will be retained in the Personnel Department file under the name of the applicant. (c) Modification of Amount of Reimbursement. If a Security Officer subject to the terms of this section leaves the Department voluntarily or involuntarily within the 60 month period, as described above, and accepts employment as a security officer with another employer within one year thereafter, the Security Officer will be required to reimburse the City of Los Angeles for the estimated direct and indirect costs related to the police academy training on a prorated basis according to the amount of time the Security Officer was employed in that classification by the Department. For a Department created under Section 600 of the Charter, the costs of the training will be determined on an annual basis by its Board of Commissioners and may be modified more frequently, if necessary, to reflect changes in training costs. For the Department of General Services, the costs of training will be determined on an annual basis by the Oversight Committee for the Office of Public Safety, subject to the approval of the General Manager of the Department of General Services, and may be modified more frequently, if necessary, to reflect changes in the training costs. (d) Legal Costs and Attorneys Fees. In the event the Department incurs any fees or costs in an effort to collect money owed by a Security Officer pursuant to this section, the former employee shall pay such costs, including, but not limited to, legal interest on the amount of reimbursement funds due, in addition to the portion of the reimbursement obligation then due. (e) Grievance and Arbitration Not Available. Any question as to the interpretation or application of this section, or relating to payment made or due under this section or under the reimbursement agreement, shall not be subject to either a grievance or an arbitration under any Memorandum of Understanding applicable to the affected Security Officer. (f) No Modification of Any Other Terms of Employment. The provisions of this section shall in no way modify any other terms and conditions of employment, and all such pre-existing terms and conditions of employment shall remain unchanged. All Civil Service and Department rules, regulations and procedures, and Memoranda of Understanding that relate to Security Officers remain in full force and effect. The provisions of this section in no way alter, amend, or have any effect upon the authority of the Department to invoke disciplinary action. (g) No Rights Created. This section in no way guarantees any right of continued employment to any Security Officer or recruit. Nor does this section create a property right in any affected Security Officer or recruit.

283 Added by Ord. No. 180,715, Eff CHAPTER 18 EXCESS BENEFIT PLAN (Title Amended by Ord. No. 182,196, Eff ) Section Excess Benefit Plan. Sec Excess Benefit Plan. There is hereby created, established and adopted separate and apart from the Los Angeles City Employees Retirement System a plan entitled the Excess Benefit plan to supplement the benefits of certain employees under the Los Angeles City Employees Retirement System as defined in Article XI, Part I of the Charter of the City of Los Angeles to the extent such benefits are reduced by the limitations on benefits imposed by Section 415 of the Internal Revenue Code of 1986 as amended. (a) Definitions. For the purpose of this ordinance, the following words and phrases shall have the meaning ascribed to them in this ordinance unless a different meaning is clearly indicated by the context: Board or Board of Administration shall mean the Board of Administration as defined in Section 1104(a) of Article XI of the Charter of the City of Los Angeles. City shall mean the City of Los Angeles. Code shall mean the Internal Revenue Code of 1986 as amended. LACERS shall mean the Los Angeles City Employees Retirement System as defined under Section 1150 of Article XI, Part I of the Charter of the City of Los Angeles. Participant shall mean those employees eligible for participation in the Plan. As used herein, the term employee shall mean every person in the employ or service of the City as reflected on the payroll records of the City. Plan shall mean the Excess Benefit Plan set forth herein, as amended from time to time. (b) Eligibility. Those employees who are members of the LACERS and whose benefits at the time of payment are reduced by the limitation on benefits imposed by Section 415 of the Code shall be Participants hereunder. (c) Benefits. The benefits which each Participant shall be entitled to receive under this Plan shall be the difference between the actual benefits of such Participant under the LACERS and the benefits that would have been payable under the LACERS except for the limitations on benefits imposed by Section 415 of the Code. The benefits payable under this Plan shall be payable to the Participant or to any other person who is receiving or entitled to receive benefits with respect to the Participant under the LACERS, and shall be paid in the same form, at the same times and for the same period as benefits are paid with respect to the Participant under the LACERS. Notwithstanding the foregoing, the Board in its discretion may elect to pay a benefit under this Plan in a lump sum in the event that the actuarial equivalent present value of the benefit at the commencement of payment is $5,000 or less. The Board and the City shall make appropriate arrangements to deduct from all amounts paid under the Plan any taxes required to be withheld with respect to the Plan by any government or governmental agency. Except as otherwise provided in the Plan, no right or benefit under the Plan shall be subject to anticipation, alienation, sale, assignment, pledge, encumbrance or charge, and any attempt to anticipate, alienate, sell, assign, pledge, encumber or charge such right or benefit shall be void. No such right or benefit shall in any manner be liable for or subject to the debts, liabilities or torts of a Participant or other benefit recipient. In addition, no right of a Participant or other benefit recipient under the Plan is transferable by inter vivos gift or testamentary disposition. (d) Administration. The Plan shall be under the exclusive management and control of the Board of Administration. The Board shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the provisions of this ordinance. The Board of Administration shall have the right to construe the Plan, to interpret any provision thereof, to make rules and regulations relating to the Plan, and to determine any factual questions arising in connection with the Plan s operation after such investigation or hearing as the Board may deem appropriate. Any decision made by the Board under the provisions of this ordinance shall be conclusive and binding on all parties concerned.

284 (e) Funding. The Plan shall be unfunded, and benefits under the Plan shall be paid from the General Fund of the City of Los Angeles through an Excess Benefit Plan Fund hereby established for payment of administration expense and benefit payments, subject to the claims of the City s general creditors. No person other than the City shall by virtue of the provisions of the Plan have any interest in such amounts. Title to and beneficial ownership of any assets, whether cash or other investments which the City may earmark to pay any amount under the Plan, shall at all times remain in City, and Participants and any other persons entitled to benefits hereunder shall not have any property interest whatsoever in any specific assets of the City. The obligation of the City to make payments pursuant to the Plan is contractual only. No Participant or other person entitled to benefits hereunder shall have a preferred claim or lien on any assets of the City. (f) Budget. The Board of Administration shall annually prepare and transmit to the Mayor and Controller a budget setting forth the estimated cost of maintaining the Plan, which budget shall include therein: 1. A sum equal to 125% of the projected benefit payments to be made in the budget year, offset by any residual sum budgeted in a previous year and not expended for a previous year s benefit payments. 2. A sum estimated to provide for administrative costs of the Plan. (g) Amendment or Termination of Plan. The Council of the City of Los Angeles shall have the right to amend the Plan with the exception of this section, or terminate the Plan at any time. If the Plan is terminated, the actuarial equivalent present value of any remaining benefits payable to a Participant or other person, increased by an amount determined by the Board to permit approximately the same after-tax payout over time to Participants as would have been realized in the absence of such termination, shall be paid in a lump sum 30 days after the termination of the Plan. (h) Compliance with the Internal Revenue Code. It is the intention that this Plan be a qualified governmental excess benefit arrangement within the meaning of Section 415(m) of the Code, and may at any time be amended to comply with the Code requirements to maintain such qualification and status. This Plan shall be deemed a portion of LACERS solely to the extent required under, and within the meaning of, Section 415(m) of the Code, and not for any other purpose. Chapter and Section Added by Ord. No. 171,487, Eff Amended by: First Para., and Subsecs. (a), (b), (c) and (h), Ord. No. 173,272, Eff , Oper ; Title, Ord. No. 182,196, Eff CHAPTER 18.5 LIMITED TERM RETIREMENT PLAN (Chapter Added by Ord. No. 182,196, Eff ) Section Limited Term Retirement Plan. Sec Limited Term Retirement Plan. There is hereby created, established, and adopted a fund to be known as the "Limited Term Retirement Fund" for payment of administration expenses and benefits of the Plan. The Fund shall consist of all money paid into said Fund in accordance with the provisions of this Plan, and earnings from investments held in the Fund. The Fund shall be a trust fund, and its assets shall be held for the exclusive purposes of providing benefits to Participants and their Beneficiaries, and defraying reasonable expenses of administering the Plan, to the extent not reimbursed by the City. The purpose of this Plan is to provide a portable retirement benefit for elected officials of the City of Los Angeles (the "City") whose terms are limited by the Charter of the City of Los Angeles (the "Charter"). Contributions made by the City to the Plan will be comparable to those made for members of the Los Angeles City Employees Retirements System ("LACERS"). It is intended that this Plan shall be a qualified plan under Section 401(a) of the Internal Revenue Code. This Plan is effective as of July 1, (a) Definitions. For the purpose of this ordinance, the following words and phrases shall have the meaning ascribed to them in this ordinance unless a different meaning is clearly indicated by the context: "Annual Addition" shall mean the annual addition as defined in Code Section 415(c), which in general, is the sum of the City contributions, Participant contributions and forfeitures credited to a Participant's account for the Limitation Year under this Plan and any other qualified defined contribution plan maintained by the City. "Average Member Cost" shall mean a percentage, in effect for such Plan Year, equal to the sum of:

285 (1) The percentage of City contributions needed to fund the LACERS for all benefits provided by the LACERS; and (2) Any ancillary costs incurred by the City in support of benefits provided by the LACERS expressed as a percentage of covered payroll. "Beneficiary" shall mean any person or legal entity designated in accordance with Subsection (h) hereof. "Board" or "Board of Administration" shall mean the Board of Administration as defined in Section 1104(a) of Article XI of the Charter of the City of Los Angeles. "City" shall mean the City of Los Angeles. "Code" shall mean the Internal Revenue Code of 1986 as amended. "Compensation" shall be determined in the same manner as "Compensation Earnable" is determined for members of LACERS. The annual compensation of each Participant taken into account for determining all benefits provided under this Plan for any Plan Year shall not exceed $200,000 determined in accordance with Section 401(a)(17) of the Code and the regulations thereunder and as adjusted for increases in the cost-ofliving in accordance with Section 401(a)(17)(B) of the Code. The cost-of-living adjustment in effect for a calendar year applies to the Plan Year beginning in such calendar year. If a Participant is an active member for less than a Plan Year then the compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of full months in which the Participant was an active member and the denominator of which is 12. "Effective Date" shall mean July 1, "Fund" shall mean the Limited Term Retirement Fund. "LACERS" shall mean the Los Angeles City Employees Retirement System as defined under Section 1150 of Article XI, Part I of the Charter of the City of Los Angeles. "Participant" shall mean those employees eligible for participation in this Plan. Those employees eligible to participate in this Plan are those employees who are elected officials of the City and who are eligible to, and effectively, elect to opt out of the LACERS under Section (b)(9) of the Los Angeles Administrative Code. Except that any retired member of LACERS who is elected as an officer of the City shall become a Participant without being required to opt out of membership in LACERS because Section (b)(9) of this Code prohibits him or her from reentering membership in LACERS. An employee shall cease to be a Participant as to additional contributions upon termination of employment with the City or entrance into a different retirement plan provided by the City. As used herein, the term "employee" shall mean a person in the employ or service of the City as reflected on the payroll records of the City. "Plan" shall mean the Limited Term Retirement Plan set forth herein, as amended from time to time. "Plan Year" shall mean a 12 month consecutive period commencing with January 1 of each year and ending with December 31. The Plan Year shall be the "limitation year" for purposes of Section 415 of the Code. "Valuation Date" shall mean the last day of each Plan Year. In addition, the Board may fix, in a uniform and nondiscriminatory manner, one or more interim or recurring Valuation Dates. (b) Administration. The Plan shall be under the exclusive management and control of the Board of Administration. The Board shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the provisions of this ordinance, and shall discharge its duties in accordance with Article XVI, Section 17 of the Constitution of the State of California. The Board of Administration shall have the right to construe the Plan, to interpret any provision thereof, to make rules and regulations relating to the Plan, and to determine any factual questions arising in connection with the Plan's operation after such investigation or hearing as the Board may deem appropriate. Any decision made by the Board under the provisions of this ordinance shall be conclusive and binding on all parties concerned. For each fiscal year, the Board shall prepare and submit to the City Council a budget for the cost of administration of the Plan for that year. In the event that the City Council fails to pay such costs, such costs shall be paid from the Fund and allocated to Participants accounts as an expense. The Board shall manage and administer the Fund and shall invest the assets of said Fund. Each Participant shall direct the investments allocated to his or her account according to investment options and procedures determined by the Board. (c) Participant Contributions. Each Participant shall contribute to the Fund by salary deduction at the same percentage of his or her Compensation that he or she would be required to contribute to the Retirement Fund, as provided in Chapter 10 of Division 4 of this Code, if he or she were a member of LACERS. Such contributions shall be treated as employer contributions for purposes of taxation in accordance with Section 414(h)(2) of the Code and shall be paid from the same source of funds as is used in paying Compensation. For all other purposes, such contributions shall be treated as employee after-tax contributions. The wages of Participants shall be reduced by the amount of Participant contributions. Nothing herein shall be construed to permit or extend an option to Participants to directly receive Participant contributions instead of having them contributed to the Fund.

286 It shall be impossible for any part of the contributions or earnings made under this Plan and held in the Fund to be used for, or diverted to, purposes other than the exclusive benefit of Participants or their Beneficiaries. Notwithstanding the foregoing, the City shall be entitled to recover contributions made to the Plan by mistake of fact within one year after payment. (d) Matching Contributions by the City. For each Plan Year, the City shall contribute for each Participant the Average Member Cost of the Participant's Compensation to the Fund; and City contributions shall be paid into the Fund and credited to the Participant's individual account at intervals and in accordance with procedures to be determined by the Board. Notwithstanding the foregoing, the balance of any contribution owed for a Plan Year shall be paid within two and one-half months after the end of such Plan Year and credited to Participants accounts as of the last day of such Plan Year. (e) Accounts. The Board shall maintain an individual account of the contributions made by or for each Participant. Investment gains or losses, and expenses, shall be allocated to each respective account as of each Valuation Date. Except as otherwise provided in the Plan, no right or benefit under the Plan shall be subject to anticipation, alienation, sale, assignment, pledge, encumbrance or charge, and any attempt to anticipate, alienate, sell, assign, pledge, encumber or charge such right or benefit shall be void. No such right or benefit shall in any manner be liable for or subject to the debts, liabilities or torts of a Participant. In addition, no right of a Participant under the Plan is transferable by inter vivos gift or testamentary disposition. (f) Vesting. Each Participant's interest in his or her account shall be 100% vested and nonforfeitable. Notwithstanding the foregoing, if the Board, acting upon information available to it, cannot locate a person entitled to receive a benefit under the Plan within a reasonable period of time as determined by the Board in its sole discretion after the benefit becomes payable and such person has not contacted the Board concerning the distribution by the end of such period, the amount of the benefit shall be treated as a forfeiture and shall be applied first to the payment of costs of administering the Plan, and second as a source of the matching contributions hereunder. If, prior to the date final distributions are made following termination of the Plan, a person who was entitled to a benefit which has been forfeited pursuant to this section makes a claim to the Board for such benefit, such person shall be entitled to receive the amount of such benefit as soon as administratively feasible after such claim is received. The amount of the previously forfeited benefit shall be reinstated by the City. (g) Benefit Payments. Each former Participant is entitled to receive a lump sum payment upon proper application following termination of employment with the City or upon eligibility for such payments following entrance into a different retirement plan provided by the City. (1) If entitlement occurs because the former Participant has terminated employment, then the payment shall be based upon the account balance as of the immediately preceding Valuation Date. (2) If Subsection (g)(1) does not apply and entitlement occurs because the former Participant has entered into a different retirement plan provided by the City, no additional contributions shall be placed into the account and the former Participant shall continue to accrue earnings or losses based on his or her investment decisions, then: (A) payment shall be based upon contributions made to the Plan at least 24 months prior to the date of application and any investment gains, losses, and expenses allocated to such contributions as of the immediately preceding Valuation Date; or (B) if the former Participant has participated in the Plan for at least 60 months, the payment shall be based upon the account balance as of the immediately preceding Valuation Date; or (C) if a former Participant enters employment covered by another City retirement plan, funds may be transferred to another City retirement plan, as permitted under federal tax law, if such City retirement plan allows for City trustee-to-trustee transfers, and the former Participant requests such a transfer of the funds. (3) The Board may require a former Participant to receive a mandatory lump sum distribution within six (6) months of entitlement under Subsection (g) without the Participant's consent or application, provided one of the following conditions applies: (A) the mandatory distribution does not exceed $1,000; (B) in the event of a mandatory distribution greater than $1,000, if the former Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the former Participant in a direct rollover or to receive the distribution directly, then the Board shall pay the distribution in a direct rollover to an individual retirement plan designated by the Board; or (C) the former Participant has attained the age of 62. (4) In no event shall a benefit be paid both from this Plan and from LACERS, with respect to the same period of service by a Participant. (5) A distributee may elect, at the time and in the manner prescribed by the Board of Administration, to have any portion of an eligible rollover distribution that is equal to at least $200 paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For

287 purposes of Subsection (g): (A) "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, or a qualified plan described in Section 401(a) of the Code, that accepts the distributee's rollover distribution; effective January 1, 2002, an annuity contract described in section 403(b) of the Internal Revenue Code; effective January 1, 2002, a plan eligible under section 457(b) of the Internal Revenue Code that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into that plan from the retirement system; and, effective January 1, 2008, a Roth IRA described in section 408A of the Internal Revenue Code; However, prior to January 1, 2002, in the case of a distributee's rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity; (6) "Distributee" includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under an order described in Subsection (i) herein, are distributees with regard to the interest of the spouse or former spouse. Effective January 1, 2007, a distributee further includes a nonspouse beneficiary who is a designated beneficiary as defined by section 401(a)(9)(E) of the Internal Revenue Code. However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity will be treated as an "inherited" individual retirement account or annuity; and (7) A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. (8) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or the life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; the portion of any distribution that is not includible in gross income; and any other distribution that is reasonably expected to total less than $200 during the year. Effective January 1, 2002, a portion of a distribution will not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income. However, such portion may be transferred only (i) to an individual retirement account or annuity described in section 408(a) or (b) of the Internal Revenue Code or to a qualified defined contribution plan described in section 401(a) of the Internal Revenue Code; (ii) on or after January 1, 2007, to a qualified defined benefit plan described in section 401(a) of the Internal Revenue Code or to an annuity contract described in section 403(b) of the Internal Revenue Code, that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (iii) on or after January 1, 2008, to a Roth IRA described in section 408A of the Internal Revenue Code. Effective January 1, 2002, the definition of eligible rollover distribution also includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code. (h) Provision for Death Benefit. A Participant may designate a Beneficiary to receive a distribution of the Participant's account balance in the event of the death of the Participant prior to receipt by the Participant of the refund of his or her account balance. The Beneficiary may be either a person or a legal entity. If the designated Beneficiary is a minor, the account balance may be paid to the parent of the minor on behalf of the minor or, if no parent, to the designated payee of such minor as approved by the Board. Said designation may be made by filing a written designation duly executed and filed with the Board. If there is no Beneficiary, the disbursement will be in the same order as the disbursement procedure detailed in Section of the Los Angeles Administrative Code. (i) Provision for Distribution Upon Dissolution of Marriage. Upon proper service with a court order, the Plan will comply with community property division requirements and distribute to the non-participant spouse in a lump sum the required amounts regardless of whether the Participant is still an active member of the Plan. (j) Compliance with Internal Revenue Code. It is the intention that this Plan be a qualified plan within the meaning of Section 401(a) of the Code and a profit sharing plan within the meaning of Section 401(a)(27) of the Code, and may at any time be amended to comply with the Code requirements to maintain such qualification and status. Contributions shall not be dependent on the existence of profits. (1) Code Section 401(a)(9). Notwith-standing any provisions herein to the contrary to the requirements of Section 401(a)(9) of the Code and the regulations promulgated thereunder, all distributions under the Plan shall be made in accordance with the requirements of Section 401(a)(9) of the Code, including the incidental death benefit requirements of Section 401(a)(9)(G) and the final regulations promulgated under Section 401(a)(9) of the Code, including Treasury Regulations Sections 1.401(a)(9)-2 through -9, as applicable. (2) Code Section 415(c). (i) Notwithstanding any provision herein to the contrary, effective for Limitation Years beginning after December 31, 2001, in no event shall the Annual Addition allocated to a Participant's Account under the Plan for any Limitation Year (as defined herein), exceed the lesser of: (A) Forty Thousand Dollars ($40,000), as adjusted under Section 415(d) of the Code, or

288 (B) One-hundred percent (100%) of the Participant's Compensation for the Limitation Year. (ii) The Annual Addition with respect to any Participant who at any time has participated in any other qualified defined contribution plan (as defined in Section 414(i) of the Code) maintained by the City shall apply as if the total contributions allocated under all such defined contribution plans in which the Participant has participated were allocated under one plan. (iii) For purposes of Subsection (j)(2), "Compensation" means compensa-tion as defined in Code Section 415(c)(3). In general, Code Section 415(c)(3) defines compensation as all of a Participant's wages as defined in Code Section 3401(a) for the purposes of income tax withholding at the source but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2)); provided, however, compensation shall also include the amount of any elective deferrals, as defined in Code Section 402(g)(3), and any amount contributed or deferred by the employer at election of the employee and which is not includible in the gross income of the employee by reason of Code Section 125, 132(f)(4), or 457. Payments made within the later of two and one half months after termination, or the end of the Limitation Year that includes the Termination date will be taken into account in determining Compensation for allocation if they are payments that, absent a termination, would have been paid to the Participant while the Participant continued in employment with the City and are: (A) Regular Compensation for services during the Participant's regular working hours, or Compensation for services outside the Participant's regular work hours (such as overtime or shift differential), commissions, bonuses, or other similar payments, and the Compensation would have been paid to the Participant prior to Termination if the Participant had continued employment with the City; (B) Payments for unused accrued bona fide sick, vacation, or other leave, but only if the Participant would have been able to use the leave if employment had continued; or (C) Payments pursuant to a nonqualified unfunded deferred compensation plan, but only if the payments would have been paid to the Participant at the same time if the Participant had continued employment with the Employer and only to the extent that the payment is includible in the Participant's gross income. Any payments not described above are not considered Compensation if paid after Termination, even if they are paid within two and one half months following Termination, except for payments to the individual who does not currently perform services for the City by reason of qualified military service (within the meaning of Code Section 414(u)(1)) to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the City rather than entering qualified military service. (k) Plan Termination and Amendment. This Plan may be terminated or amended at any time by the Council. Upon termination, account balances shall be distributed to Participants in accordance with Subsection (g) herein, unless the Board in its discretion or as directed by applicable law transfers the assets and benefit liabilities of this Plan to another qualified plan maintained for employees of the City. The Plan may be amended at any time to reduce or eliminate the City contribution on behalf of current and future Participants. However, no amendment shall reduce the vested interest of a Participant who has an account balance as of the date such amendment becomes effective. (l) Compliance with USERRA and the HEART Act. (1) Notwithstanding any provision of this Plan to the contrary, effective December 12, 1994, contributions, benefits, and service credit with respect to qualified military service while an employee will be provided in accordance with Section 414(u) of the Code. (2) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service (as defined in chapter 43 of title 38, United State Code), to the extent required by section 401(a)(37) of the Internal Revenue Code, survivors of a member in a State or local retirement or pension system, are entitled to any additional benefits that the system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. (3) Beginning January 1, 2009, to the extent required by Code Sections 3401(h) and 414(u)(2), an individual receiving differential wage payments (while the individual is performing qualified military service (as defined in chapter 43 of title 38, United State Code) from an employer shall be treated as employed by that employer and the differential wage payment shall be treated as earned compensation. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Added by Ord. No. 171,488, Eff Amended by: Second Para. and Subsecs. (a), (g) and (h), Ord. No. 173,272, Eff , Oper ; Subsec. (g), Ord. No. 174,249, Eff ; Subsec. (j)2. amended, Subsecs. (j)4. and (m) added, Ord. No. 175,767, Eff ; In Entirety, Ord. No. 181,600, Eff ; First Sentence of Subsec. (c), Ord. No. 181,892, Eff ; Transferred from Ch. 18 and Subsecs. (a), (c) and (g) amended, Ord. 182,196, Eff

289 CHAPTER 19 CHANGES TO MAINTAIN TAX QUALIFIED STATUS OF THE FIRE AND POLICE PENSION PLAN (Title Amended by Ord. No. 174,803, Eff , Oper ) Section Statement of Purpose Fire and Police Plan Trust Funds and Vesting Upon Plan Termination Minimum Distribution Rule Direct Rollovers Reemployment After Military Service Compensation Limits. Sec Statement of Purpose. It is the purpose of this chapter to enact changes to the Fire and Police Pension Plan to incorporate provisions of federal tax laws and regulations required to maintain the tax qualified status of the Fire and Police Pension Plan by enacting from time to time the necessary ordinances as may legally be adopted under the authority of Sections 1220(e), 1222, 1524 and 1624 of the City Charter. Chapter and Section Added by Ord. No. 171,697, Eff , Oper Amended by: Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,803, Eff Sec Fire and Police Plan Trust Funds and Vesting Upon Plan Termination. The Funds established under the various Tiers of the Fire and Police Pension Plan shall be considered trust funds in accordance with Article XVI, Section 17 of the Constitution of the State of California and to the extent required by Section 401(a) of the Internal Revenue Code and the regulations thereunder. In the event of the termination of the Fire and Police Pension Plan, or the complete discontinuance of employer contributions, the rights of all plan members to benefits accrued to the date of termination or discontinuance shall be nonforfeitable. Added by Ord. No. 171,697, Eff , Oper Amended by: Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,803, Eff Sec Minimum Distribution Rule. In accordance with Section 401(a)(9) of the Internal Revenue Code, all members of the Fire and Police Pension Plan must receive a minimum annual distribution of retirement income commencing on the required beginning date. The required beginning date is April 1 of the calendar year following the later of the calendar year in which: (1) the Plan Member reaches age 70 l/2; or (2) the Plan Member retires. The minimum annual distribution is calculated in accordance with United States Treasury Regulation. In addition and regardless of any other provision, preretirement and post-retirement death benefits shall be paid in accordance with Section 401(a) of the Internal Revenue Code. Added by Ord. No. 171,697, Eff , Oper Amended by: Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,803, Eff Sec Direct Rollovers. On or after January 1, 1993, the distributee of an eligible rollover distribution from the Fire and Police Pension Plan may elect to have any portion of such distribution that is equal to at least $200 paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

290 Definitions: a) Eligible rollover distribution means any distribution of all or any portion of contributions made or the Basic Death Benefit to a distributee. An eligible distribution does not include pension payments made to a Retired Plan Member, Qualified Surviving Spouse or other eligible surviving dependents, any portion of a distribution that is not includable in gross income; any distribution that is reasonably expected to total less than $200 during a year, or any other distribution required under Section 401(a)(9) of the Internal Revenue Code. On or after January 1, 2002, a portion of a distribution that is not includable in gross income, but that otherwise qualifies as an eligible rollover distribution, is an eligible rollover distribution provided that the eligible retirement plan designated to receive such portion of a distribution is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Code or a qualified defined contribution plan described in Section 401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable. b) Eligible retirement plan means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code or a qualified plan described in Section 401(a) of the Code that accepts a distributee's eligible rollover distribution. On or after January 1, 2002, an eligible deferred compensation described in Section 457(b) of the Code, maintained by an employer described in Section 457(e)(1)(A) of the Code, and an annuity contract described in Section 403(b) of the Code, are also eligible retirement plans. However, prior to January 1, 2002, in the case of an eligible rollover distribution to the surviving spouse or other designated beneficiary, an eligible retirement plan is an individual retirement account or individual retirement annuity only. c) Distributee means Plan Member or former Plan Member or spouse or former spouse of a Plan Member or former Plan Member, eligible for a rollover distribution. d) Direct rollover means a payment by the Fire and Police Pension Plan to the eligible retirement plan specified by the distributee. Added by Ord. No. 171,697, Eff , Oper Amended by: First Para and Subsec. (d), Ord. No. 173,272, Eff , Oper ; In Entirety, Ord. No. 174,803, Eff Sec Reemployment After Military Service. Notwithstanding any provision of the Fire and Police Pension Plan to the contrary, contributions, benefits and service credit with respect to qualified military service while a member of the Fire Department or the Police Department will be provided in accordance with section 414(u) of the Internal Revenue Code. Added by Ord. No. 174,803, Eff Sec Compensation Limits. On or after July 1, 1997, Sections 1522 and 1622 of the City Charter will be applied without regard to the family aggregation rules of Section 414(q)(6) of the Internal Revenue Code. Added by Ord. No. 174,803, Eff CHAPTER 20 FIRE AND POLICE PENSION PLAN - TIER 5 Section Tier 5 Members Definitions Service Retirement and Vesting Disability Pensions Survivorship Benefits for All Tier 5 Members, Except Former Tier 2 Members Who Transferred to Tier Survivorship Benefits for Former Members of Tier 2 Who Transferred to Tier Funding.

291 Actuarial Determinations and Tier 5 Unfunded Liabilities Member Contributions Tier Cost of Living Adjustments Provision of Certain Subsidy Payments by Ordinance Compliance with Certain Internal Revenue Code Provisions Creation of Excess Benefit Plan Compensation Limits Council Authority to Maintain Tax-qualified Status of Plan Miscellaneous Provisions Social Security Participation. Sec Tier 5 Members. (a) Appointed Members. Each person who shall be appointed as a Department Member on or after January 1, 2002 shall become a Tier 5 Plan Member upon graduation by such person from training at the Police or Fire Academies or equivalent facility imparting basic training as a firefighter or police officer and maintained as such by the City of Los Angeles. A Chief of Police or a Fire Chief who is appointed to that position without having graduated from such facility may become a Member upon appointment. Upon becoming a Tier 5 Plan Member, a person may elect to purchase Years of Service credit for the period of such training in accordance with rules adopted by the Board. (b) Former Tier 2, 3 & 4 Members. A person formerly a Plan Member under the provisions of Tiers 2, 3, or 4 of the Fire and Police Pension System whose membership had previously terminated by reason of resignation or discharge shall upon again being appointed as a Department Member become a Tier 5 Plan Member as of the effective date of such appointment. (c) Certain Former Tier 2, 3 and 4 Members. Any Plan Member as of January 1, 2002 in Tiers 2, 3, or 4 hired prior to January 1, 2002, who makes an irrevocable election in writing during the election period provided in subsection (c)(1) shall become a Tier 5 Plan Member. (1) Election Period. The election period shall commence January 2, 2002 and shall remain in effect until the close of business on December 31, (2) Members on Military Leave. Persons who are not active members during the election period provided in subsection (c)(1) due to service in the armed forces shall have 90 days following their return from active duty or the expiration date of the election period, whichever is later, to make an election to become a Tier 5 Plan Member. (3) Release of Liability. The Board shall have the authority to establish rules requiring a full and complete release from liability upon the Plan Member s election to transfer from Tiers 2, 3, or 4 to Tier 5. (4) Purchase of Certain Years of Service Credit. If a Plan Member of Tier 2 elected to become a Tier 5 Plan Member pursuant to the provisions of this subsection and was formerly a member of the Los Angeles City Employees' Retirement System (LACERS) during a period of time that he or she was a paramedic or civilian ambulance employee, such Tier 5 Plan Member shall be entitled to purchase Years of Service credit for all or part of that period of time by depositing with the Fire and Police Pension Plan -Tier 5, in accordance with Board rules, the amount of contributions refunded to him or her for such periods of service plus the amount of interest that would have been credited had those contributions been in the member's account with the Plan. If such Tier 5 Plan Member does not want to purchase all eligible service, the purchase price shall be prorated based on the percentage of eligible service to be purchased. The purchase shall be completed prior to retiring or entering DROP. The provisions of this paragraph shall become operative on January 20, 2005, and shall not apply to Tier 5 Plan Members who retired or entered DROP prior to that date. (d) Paramedics. In addition to those Department Members described in subsection (a) of this section, persons employed as paramedic trainees shall become Tier 5 Plan Members only upon their certification, as provided by law, as mobile intensive care paramedics or equivalent. Upon becoming a Tier 5 Plan Member, such person may elect to purchase Years of Service credit for the period of such training in accordance with rules to be adopted by the Board. If such a Plan Member had periods of membership in the Los Angeles City Employees Retirement System while he or she was a paramedic or civilian ambulance employee, such Plan Member shall be entitled to elect to acquire Years of Service credit for such periods of membership in the Los Angeles City Employees Retirement System. Upon such election his or her contributions plus interest credited thereon, and his or her City service credit shall be transferred to the Fire and Police Pension Plan Tier 5 in accordance with rules to be adopted by the Board. (e) Purchase of Credit by Surviving Spouse. A surviving spouse or domestic partner of a Tier 5 Plan Member may complete the purchase of Years of Service credit elected by the Plan Member. (f) Prohibition of Double Benefits. No Tier 5 Plan Member may receive double benefits by receiving credit for Years of Service for the same periods of City service from the Los Angles City Employees' Retirement System (LACERS) and under the provisions of this Tier 5. Further, no Tier 5 Plan Member may transfer credit received from the LACERS while employed in a capacity other than paramedic or civilian ambulance employee, except as otherwise provided in Subsection (i)(2)(d) herein below. (g) Transfer of Released Liability. Upon the election by a Tier 5 Plan Member to acquire Years of Service credit, the released liability of the Los Angeles City Employees Retirement System shall be transferred to the Fire and Police Pension Plan Tier 5. For the purposes of this subsection, the phrase

292 Released Liability means the City s share of the actuarially determined present value of benefits under the Los Angeles City Employees Retirement System as of the date of transfer. (h) Department members as of January 1, 2002, who become Plan Members after January 1, Each person who was appointed as a Department Member prior to January 1, 2002, but who graduates from training at the Police or Fire Academy or equivalent facility imparting basic training as a police officer or firefighter and maintained as such by the City of Los Angeles after January 1, 2002 may, upon their graduation from the respective academy, make an irrevocable election in writing during the election period provided in subsection (c)(1) to become a Tier 5 Plan Member. Those Department Members appointed prior to January 1, 2002, but who graduate from the respective academy after the end of the election period shall have 90 days following their graduation or the expiration date of the election period, whichever is later, to make an irrevocable election to become a Tier 5 Plan Member. (i) Harbor Department Members. In addition to those Department Members described in Subsection (a) of this section, the following persons qualify for membership in Tier 5 as provided below: (1) Persons Appointed On or After January 8, Each person appointed on or after January 8, 2006, to any of the positions in the Harbor Department set forth in Section (r) of this Chapter shall become a Tier 5 Plan Member upon graduation by the person from academy training required by the Harbor Department. Upon becoming a Tier 5 Plan Member, a person may elect to purchase Years of Service credit for the academy training period in accordance with rules to be adopted by the Board, provided that only academy training time during which the person was a member of the Pension Savings Plan for Part-time, Seasonal and Temporary Employees is eligible for purchase. A Port Warden appointed on or after January 8, 2006, if not already a Tier 5 Plan member, may irrevocably elect in writing at the time of appointment not to become a member of Tier 5. (2) Persons Appointed Prior to January 8, A person appointed prior to January 8, 2006 and who is employed on that date in any of the positions in the Harbor Department set forth in Section (r) of this Chapter, including any person in academy training, may make an irrevocable election in writing to become a Tier 5 Plan Member on the terms and conditions set forth below, provided that no person shall become a Tier 5 Plan Member until he or she has completed the academy training required by the Harbor Department. A person who does not file an election within the period specified below shall continue as a LACERS member and shall remain a LACERS member if subsequently appointed without a break in Harbor Department service to a Harbor Department sworn position that would otherwise require him or her to become a Tier 5 Plan Member. (A) Election Period. The election period shall commence January 8, 2006, and shall remain in effect until 4:45 p.m. on January 5, A written election to transfer to Tier 5 must be received in the office of the Department of Fire and Police Pensions prior to the expiration of the election period, except that a person who has not graduated from the academy by October 5, 2006, shall have 90 days following graduation to make an irrevocable election to become a Tier 5 Plan Member. (B) Contributions. Each person who transfers from LACERS into Tier 5 shall pay contributions as provided in Section (a) of this Chapter retroactive to January 8, To the extent that the transferring member has already paid contributions to LACERS for these pay periods, those sums shall be credited to meet the member's obligation required here. (C) Mandatory Transfer Contribution Payment. Each person who transfers from LACERS to Tier 5 shall pay $5,700 for transferring service credit as provided in Subparagraph (D) below. These contributions shall be credited to the member's contribution account established pursuant to Section (b) upon payment. The Board shall have the authority to establish rules regarding the manner and time within which these contributions shall be paid, including the right to charge interest. Notwithstanding any provision of Tier 5 or DROP to the contrary, a member shall not be eligible to retire from Tier 5 or to enter DROP until this contribution payment is paid in full, including interest, nor shall benefits be paid to any survivor of the member pursuant to Section of this Chapter until these contributions and interest have been paid in full. (D) Transfer of Service Credit. Each person who transfers from LACERS into Tier 5 shall have any required academy training time with the Harbor Department and all sworn service with the Harbor Department in port police civil service classifications requiring peace officer status under Penal Code Section transferred to Tier 5 from LACERS. Only actual service with the Harbor Department in these classifications shall be transferred; prior service with other City Departments transferred for purposes of Charter Section 1014 to the Harbor Department shall not be transferred. All funds on deposit in LACERS attributable to service transferred to Tier 5 on behalf of these employees shall be transferred to the Plan. The amount of funds due to the Plan from LACERS shall be mutually agreed upon between the Plan and LACERS and is to include, but not necessarily be limited to, employee contributions, City contributions, and earnings to cover all funded accrued liability for the period of the transferred service. After transferring to Tier 5, a Tier 5 Plan Member may not purchase Years of Service credit for any periods of employment while a LACERS member. (E) Prohibition of LACERS Retirement During Employment. Each person transferring to Tier 5 who retains service credit with LACERS for periods of service that do not qualify for transfer to Tier 5, shall agree as a condition to the transfer that he or she shall not retire from LACERS while he or she remains employed as a Department Member, including any period in DROP, due to the prohibition set forth in Charter Section (F) Disability Retirement and Survivor Benefits. For purposes of Sections and of this Chapter and Charter Section 1212, a Tier 5 Plan Member who transfers under Subdivision (2) shall be considered a Department Member as defined in Charter Section 1202(e) during all employment periods for which the member receives Years of Service credit pursuant to Paragraph (D), notwithstanding that the person was not an actual Tier 5 Plan Member at the time of employment. The intent of this provision is that the person shall be considered a Department Member at the time of employment for purposes of these sections, so that the amount of any disability or survivor pension granted pursuant to the provisions of Tier 5 shall be reduced as provided in Charter Section 1212.

293 (3) Actuarial Funding of the Plan. As authorized by Charter Section 1232(b)(6), inclusion of Harbor Department Members in Tier 5 of the Plan pursuant to Subsection (i) herein shall not trigger the elimination of the 1% payment by the City of Tier 5 employee contributions as provided in Charter Section 1222 and Section of this Chapter. The determination of 100% funded status required by Charter Section 1222 and Section of this Chapter shall be made without regard to any impact resulting from including these employees in Tier 5 of the Plan. The Harbor Department shall reimburse the City so that the City does not incur any costs to the Plan for these employees. (4) Harbor Department Responsibility for Payment. The Harbor Department shall pay the Plan for all costs and expenses incurred by the Plan as a result of including Harbor Department Members as members of Tier 5, including any unfunded liability incurred by the Plan. The Harbor Department shall also pay LACERS for all costs and expenses incurred by LACERS in connection with transfers between LACERS and Tier 5 related to the inclusion of these members in Tier 5. (j) Notwithstanding any other provision of this chapter, any person appointed as Fire Chief or Chief of Police, who is not currently a Department Member, shall have the right to opt out of Plan membership in Tier 5 in order to become a member of the Los Angeles City Employees Retirement System. To exercise this right, the Chief must file a written opt out election with the Department of Fire and Police Pensions within seven calendar days of appointment. Once filed, the Chief shall be considered a member of the Los Angeles City Employees Retirement System effective as of the date of appointment. Chapter and Section Added by Ord. No. 174,367, Eff Amended by: Subsec. (c)(4) added, Ord. No. 176,416, Eff ; Subsec. (f) amended and Subsec. (i) added, Ord. No. 177,214, Eff ; Subsec. (j) added, Ord. 179,987, Eff Sec Definitions. In addition to the words and phrases defined in the Fire and Police Pension Plans General Provisions in Article XI, Part 3, of the Los Angeles City Charter and for the purposes of this Tier 5, the following words or phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated in the context. (a) Member of the Fire Department. Member of the Fire Department means the Fire Chief and a person duly and regularly appointed in the Fire Department, under civil service rules and regulations or provisions of the Charter, or both, governing the making of original regular and permanent appointments which require the serving of probationary periods but not of original emergency or temporary appointments, to perform duties as a firefighter or as a paramedic for the City, under whatever designation such person may be described in any salary or departmental ordinance providing salaries for the members of the department, but such person shall be a member of the department only until his or her status as such shall be terminated by reason of retirement, resignation, discharge or for any other reason. (b) Member of the Police Department. Member of the Police Department means the Chief of Police and a person duly and regularly appointed in the Police Department, under civil service rules and regulations or provisions of the Charter, or both, governing the making of original regular and permanent appointments which require the serving of probationary periods but not of original emergency or temporary appointments therein, and sworn in, as provided by law, to perform duties as a police officer for the City, under whatever designation such person may be described in any salary or departmental ordinance providing salaries for the members of the department, but such person shall be a member of the department only until his or her status as such shall be terminated by reason of his or her retirement, resignation or discharge or for any other reason. (c) Tier 5 Plan Member. Tier 5 Plan Member means a person who is a Department Member and whose pension rights and benefits are governed by this Tier 5. Status as a Tier 5 Plan Member is limited by the provisions of Section (d) Qualified Surviving Spouse/Qualified Surviving Domestic Partner. (1) Qualified Surviving Spouse means a person who is the widow or widower of a deceased Tier 5 Plan Member or Retired Tier 5 Plan Member and who has been married: or (a) (b) to the Tier 5 Plan Member for at least one year prior to the date of his or her nonservice-connected death while a Plan Member, to the Tier 5 Plan Member as of the date of his or her service-connected death while a Plan Member, or (c) to the Retired Tier 5 Plan Member for at least one year prior to the effective date of his or her retirement upon a service pension or upon a nonservice-connected disability pension pursuant, respectively, to Section or Section (b), or (d) to the Retired Tier 5 Plan Member as of the effective date of his or her retirement upon a service-connected disability pension pursuant to Section (a). (2) Qualified Surviving Domestic Partner means a person who meets the requirements of Los Angeles Administrative Code Section and who fulfills the following requirements before the member s death:

294 A declaration of Domestic Partnership, signed by both partners, must be on file with the Board of Fire and Police Pension Commissioners: (a) (b) for at least one year prior to the date of the Tier 5 Plan Member s nonservice-connected death while a Plan Member, or on the date of the Tier 5 Plan Member s service-connected death while a Plan Member, or (c) for at least one year prior to the effective date of the Tier 5 Plan Member s retirement upon a service pension or upon a nonservice-connected disability pension pursuant, respectively, to Section or Section (b), or (d) on the effective date of the Retired Tier 5 Plan Member s retirement upon a service-connected disability pension pursuant to Section (a). (3) In addition, the survivor must be either the domestic partner or spouse of the member on the date of the member s death. (4) For members who transfer to Tier 5 from LACERS pursuant to the provisions of Section (i)(2) and who filed an affidavit or declaration of domestic partnership with LACERS prior to January 8, 2006, who subsequently file a Declaration of Domestic Partnership with the Board of Fire and Police Pension Commissioners, the filing date of the Declaration filed with the Board for purposes of this subsection and of Sections and shall be the date that the affidavit or declaration was filed with LACERS. (e) Minor Child. Minor Child means a person who is a child or an adopted child of a deceased Tier 5 Plan Member or a Retired Tier 5 Plan Member, but such person shall be a Minor Child only until such person shall attain the age of 18 years or shall marry, whichever shall be earlier. A person may further qualify for the benefits provided for a Minor Child under the provisions of this Tier until he or she reaches the age of 22 years if such person is enrolled in school on a full-time basis as determined by the Board but such person s marriage terminates entitlement to the benefits of a Minor Child. (f) Dependent Child. Dependent Child means a person who is a child of a deceased Tier 5 Plan Member or a deceased Retired Tier 5 Plan Member, who is not married and who, while under the age of 21 years, had become disabled, either prior to or after the date of death of such Tier 5 Plan Member or Retired Tier 5 Plan Member, from earning a livelihood for any cause or reason whatsoever, but such person shall be a Dependent Child only until he or she shall cease to be disabled from earning a livelihood. Should disability cease before the age of 22 years, the limitations set forth in subsection (e) shall be applicable. (g) Dependent Parent. Dependent Parent means a person who is a parent of a deceased Tier 5 Plan Member or a deceased Retired Tier 5 Plan Member to or for whom such deceased Tier 5 Plan Member or deceased Retired Tier 5 Plan Member, during at least one year immediately preceding his or her death, contributed one-half or more of such Dependent Parent s necessary living expenses and who is unable to pay such expenses without the receipt of a pension, but such person shall be a Dependent Parent only until he or she shall be able to pay his or her necessary living expenses. (h) Length of Service Pay. Length of Service Pay means any additional gross monthly pay which, by reason of length of service, shall be provided by ordinance or by Memorandum of Understanding. (i) Special Pay. Special Pay means any additional gross monthly pay which, by reason of assignment to perform special duties other than hazardous duties, shall be provided by ordinance or Memorandum of Understanding. (j) Hazard Pay. Hazard Pay means any additional gross monthly pay which, by reason of assignment to perform helicopter duties, two-wheel motorcycle duties or any other hazardous duties, shall be provided by ordinance or Memorandum of Understanding. (k) Assignment Pay. Assignment Pay means any additional gross monthly pay which, by reason of assignment to perform special duties or hazardous duties, in a higher class, position, grade, code or other title than the lowest within the Plan Member's permanent rank, shall be provided by ordinance or Memorandum of Understanding. (l) Year. Year means a period of 12 months or, in aggregating partial years for purposes of determining Years of Service, means 365 days. (m) Years of Service. Years of Service means and includes only those periods during or for which the Plan Member was a Department Member of the Fire Department, a Department Member of the Police Department, or a Department Member of the Harbor Department, and whether prior to or after his or her becoming a Plan Member and subject to the limitations contained in Section of this Tier 5: (1) did or shall receive salary, whether in full or reduced amounts thereof; (2) did or shall receive either a service-connected disability pension or a nonservice-connected disability pension under any Tier of the Fire and Police Pension Plan if he or she was or shall be restored to active duty as a Department Member, and did or shall perform his or her duties as such for at least one year prior to again retiring or being retired pursuant to this Tier 5, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by him or her prior to such restoration. The restored Plan Member, upon completing one Year of Service following restoration, shall be eligible for such credit only to the extent that the length of service following restoration matches the period the disability pension was received; but upon completing three years of restored service, the restored Plan Member is eligible for credit for the entire period the disability pension was received; and provided further that

295 a period during which a Plan Member was on a nonservice-connected disability pension may only be counted toward his or her Years of Service if the Plan Member makes contributions therefor at the rate provided in Section of this Tier 5 in accordance with the rules to be adopted by the Board; (3) is or shall become entitled, under any provision of general law or ordinance of the City, to credit toward retirement for periods of military service or military leave; (4) did or shall receive Workers Compensation benefits for temporary disability as provided by general law on account of any injury or illness arising out of and in the course of employment, but such period shall be made a part of the Plan Member s Years of Service only if the Plan Member has made contributions to the Fire and Police Pension Plan in the manner prescribed by Board rule; (5) is or shall become entitled to compensation for injury on duty pursuant to any ordinance of the City or any applicable Memorandum of Understanding; (6) had served as a member of the Fire and Police Pension System - Tiers 2, 3 or 4, without having become eligible to service retirement benefits; and (7) acquired Years of Service credit for periods of membership in LACERS while he or she was a paramedic or civilian ambulance employee. If a Tier 5 Plan Member should die before having made such election, his or her surviving spouse or domestic partner may make the election in the place of the Plan Member prior to the start of benefit payments under the Plan. A Tier 5 Plan Member who has previously been a Plan Member of any Tier and who has ceased to be such by virtue of his or her resignation or discharge and who again becomes a Tier 5 Plan Member, shall be entitled to service credit only if he or she has first redeposited with interest, any Plan Member contributions previously withdrawn by him or her, in the manner provided by the Board. (n) Partial Year of Service. Partial Year of Service means any period mentioned in subsection (m) of this section which is less than 12 months. Any such Partial Year of Service shall be calculated from the end of the Plan Member s last completed Year of Service to the end of the payroll period immediately prior to the date of his or her retirement and shall be counted as part of a Plan Member s Years of Service for his or her retirement upon a service pension hereafter granted or for a pension hereafter granted to his or her Qualified Surviving Spouse/Qualified Surviving Domestic Partner, Minor Child or children, Dependent Child or children or Dependent Parent or Parents if he or she hereafter shall die while upon a service pension hereafter granted or while eligible for a service pension. (o) Final Average Salary. Final Average Salary means an amount equivalent to a monthly average of salary actually received during any 12 consecutive months of service as a Plan Member as designated by the Tier 5 Plan Member. In the absence of such designation, the last 12 consecutive months preceding the date upon which retirement would become effective shall be used as the basis for the calculation of Final Average Salary. For the purposes of determining Final Average Salary for periods during which the Tier 5 Plan Member receives less than full salary on account of injury or illness, pursuant to any applicable ordinance of the City, the Final Average Salary shall be based upon the salary, including any Length of Service Pay, Special Pay, Assignment Pay or Hazard Pay, the Tier 5 Plan Member would have received but for the injury or illness. Included in the calculation of Final Average Salary shall be Length of Service Pay, Special Pay, Assignment Pay and Hazard Pay actually received during the 12 consecutive months used to determine Final Average Salary. For those Tier 5 Plan Members who retire from the Fire Department while holding a rank no higher than Captain or from the Police Department holding a rank no higher than Lieutenant: If Hazard Pay was not received during all or any part of the 12 consecutive months used to determine Final Average Salary, then an amount equivalent to 10% of the Hazard Pay received at the time of the termination of the last assignment to hazardous duties for each year in the aggregate of the assignment to hazardous duties shall be added to the Final Average Salary, not to exceed 10 years in the aggregate. The total amount of Hazard Pay included in Final Average Salary may not exceed 100% of the amount the Plan Member would have received had the Tier 5 Plan Member been entitled to Hazard Pay during the entire 12 month period utilized in the calculation of Final Average Salary. Overtime compensation or payments of money to the member not designated as salary by an ordinance of the City shall not be considered for purposes of calculating Final Average Salary. Notwithstanding any of the foregoing, if a Retired Tier 5 Plan Member were to be restored to active duty as a Department Member and thereby again were to become a Tier 5 Plan Member and if he or she again were to retire or to be retired without having performed his or her duties for at least one year subsequent to such restoration, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by him or her prior to such restoration, the Final Average Salary which shall be applicable to his or her later retirement shall be the Final Average Salary which had been applicable to his or her previous retirement. Should a Plan Member not have completed 12 consecutive months of service as a Plan Member, then and in that event only shall the Final Average Salary be calculated as a monthly average of all consecutive calendar months completed, and, if the Plan Member has completed less than one month of total service as a Plan Member, the salary actually received shall be used to calculate its monthly equivalent.

296 (p) Normal Pension Base. Normal Pension Base, as used for the survivorship pension benefits for former Tier 2 members, means the sum of: (1) the member s monthly salary as defined in Tier 2; (2) any length of service pay which the member had received immediately preceding the date of his or her retirement or death or upon the last day he or she had performed duties as a Department Member; (3) any special pay which the member had received immediately preceding the date of his or her retirement or death or upon the last day he or she had performed duties as a Department Member; and (4) any hazard pay which the member had received immediately preceding the date of his or her retirement or death or upon the last day he or she had performed duties as a Department Member or, if he or she had not received the same at either such time but had received such pay at some time prior thereto, 10% of the hazard pay which he or she had received at the time of the termination of his or her last assignment to hazardous duties for each year in the aggregate of his or her assignment to any hazardous duties not exceeding, however, ten years in the aggregate. (5) for only those Plan Members who completed at least 12 months service in a Deputy Chief position, which was exempt from civil service, and who did not retire in the position of Deputy Chief or Chief of Police, an additional supplement of a percentage of the difference in the amount of compensation between the Deputy Chief position and the Plan Member s compensation at the time of retirement. This percentage shall be prescribed by ordinance and shall apply for each year of service in the position of Deputy Chief, not to exceed the number of years as prescribed by ordinance. Notwithstanding any of the foregoing, if a Retired Member were to be restored to active duty as a Department Member and thereby again were to become a Plan Member and if he or she again were to retire or be retired without having performed his or her duties for at least 1 year subsequent to such restoration, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by him or her prior to such restoration, the Normal Pension Base which shall be applicable to his or her later retirement shall be the Normal Pension Base which had been applicable to his or her previous retirement. (q) Non-service Connected Pension Base. Non-service Connected Pension Base, as used for the survivorship benefits for former Tier 2 members, means the sum of: (1) the highest monthly salary provided, as of the date of the Plan Member s retirement or death, whichever shall first occur, for a Department Member then holding the basic rank of firefighter or police officer; and (2) the highest length of service pay provided, as of the date of the Plan Member s retirement or death, whichever shall first occur, for a Department Member then holding either of the basic ranks. (r) Member of the Harbor Department. Member of the Harbor Department means a person appointed to one of the following classifications in the Harbor Department, which require the person so employed to complete the academy training required by the Harbor Department and to become sworn, as provided by Penal Code Section 830.1: Special Officer (Class Code 3183-H), Senior Special Officer (Class Code 3185-H), Principal Special Officer (Class Code 3198-H), Chief Special Officer (Class Code 3188-H), Port Police Officer (Class Code 3221), Port Police Sergeant (Class Code 3222), Port Police Lieutenant (Class Code 3223), Port Police Captain (Class Code 3224), and Port Warden (Class Code 0801). Provided that this person shall be a member of the department only until his or her status as such shall be terminated by reason of his or her retirement, resignation or discharge or for any reason. Added by Ord. No. 174,367, Eff Amended by: Subsecs. (m)(5) and (m)(6) amended, Subsec. (m)(7) added, second undesignated para. of Subsec. (o) deleted, Ord. No. 176,416, Eff ; Subsecs. (h), (i), (j), (k), First Para. of (m), and (m)(5) amended, Subsecs. (d)(4) and (r) added, Ord. No. 177,214, Eff ; Subsecs. (d)(2) and (d)(4), Ord. No. 179,538. Eff Sec Service Retirement and Vesting. (a) Normal Retirement. Any Tier 5 Plan Member with 20 Years of Service and a minimum age of 50 years, shall be retired by order of the Board from further active duty as a Department Member either upon the filing of his or her written application or upon the filing of a written request by or on behalf of the head of the department in which he or she is a Department Member, if it shall be determined by the Board to be for the good of such department, other than for a cause or reason which would entitle such Tier 5 Plan Member to a disability pension pursuant to Section , and the Board, if it shall so determine, shall state the cause or reason in its order retiring such Plan Member. (b) Service Pension Benefits for Terminated Employees (Deferred Retirement). Notwithstanding any other provisions of this Tier 5, a former Tier 5 Plan Member who became such because of termination of his or her employment for any reason other than death or retirement on account of disability pursuant to the provisions of Section , and who has completed at least 20 Years of Service, may elect to leave his or her contributions in the Fire and Police Service Pension Fund. Upon reaching the age of 50 years, such former Tier 5 Plan Member shall be entitled to receive service retirement benefits identical to those available under Tier 3, in accordance with the formula set forth in Section 1504(d) of the City Charter. The election to leave member contributions in the fund shall be irrevocable and must be in writing, filed with the Board within three years from the date of such termination of employment. Upon the execution and filing of the

297 same, the former Tier 5 Plan Member s individual account shall be credited with an amount equal to all of the regular interest which, had he or she otherwise been entitled to the same, would have been credited thereto between the date of such termination of employment and the date of the filing of such election and thereafter, regular interest shall, until he or she be paid a pension, be credited thereto in the same manner as Tier 5 Plan Members individual accounts shall be credited. In the event that any such person should die before being paid a pension, the only benefit which shall be paid under the provisions of this Tier 5 is the payment of his or her accumulated contributions, including interest credited thereto, to such persons as may be entitled thereto. Failure to file such an election within three years shall constitute an irrevocable decision not to take the service retirement benefits herein provided. (c) This section intentionally left blank. (d) Pension Amount. The minimum service pension payable pursuant to the provisions of this section shall be paid monthly for life in an amount which shall be equal to 50% of Final Average Salary at age 50 with 20 years of service. For each additional Year of Service after 20 years, an amount of 3% of Final Average Salary shall be provided per such year of service, with the exception of the 30th year, in which 4% shall be provided. The maximum percentage of Final Average Salary payable, regardless of length of service, shall be 90% of Final Average Salary. Added by Ord. No. 174,367, Eff Sec Disability Pensions. (a) Service-Connected Disability. Upon the filing of his or her written application for a disability pension or upon the filing of a written request therefor by or on behalf of the head of the department in which he or she is a Department Member, any Tier 5 Plan Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries received or sickness caused by the discharge of the duties of such person as a Department Member, and who is incapable as a result thereof from performing his or her assigned duties, or those to which he or she would be assigned within the Member s civil service classification if returned to duty, shall be retired by order of the Board from further active duty as a Department Member. A Tier 5 Plan Member s incapacity is caused by the discharge of his or her duties if there is clear and convincing evidence that the discharge of the Plan Member s duties is the predominant cause of the incapacity. A Tier 5 Plan Member retired under the provisions of this subsection shall be paid thereafter a monthly service-connected disability pension in an amount which shall be equal to the same percentage of the Plan Member s Final Average Salary as the Board shall determine, from time to time, to be the percentage of his or her disability. Such pension shall be in an amount of not less than 30% and not more than 90% of the Retired Tier 5 Plan Member s Final Average Salary, but in no case shall the pension be less than the equivalent of 2% of Final Average Salary for each Year of Service of the Retired Tier 5 Plan Member. No Retired Tier 5 Plan Member, while retired pursuant to this subsection, ever shall be paid any pension pursuant to Section or subsection (b) of this section. (b) Nonservice-Connected Disability. Upon the filing of his or her written application for disability pension by a Tier 5 Plan Member who shall have five Years of Service or more, or upon the filing of a written request with respect to such a Plan Member by or on behalf of the head of the department in which he or she is a Department Member, any Tier 5 Plan Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries or sickness other than injuries received or sickness caused by the discharge of the duties of such person as a Department Member, and who is incapable as a result thereof from performing his or her assigned duties or those to which he or she would be assigned within the Member s civil service classification if returned to duty, shall be retired by order of the Board from further active duty as a Department Member. As a further condition of entitlement to such a pension, the Board shall also determine that such disability was not principally due to or caused by voluntary action of the Plan Member intended to entitle him or her to a nonserviceconnected disability pension. A Retired Tier 5 Plan Member, retired under the provisions of this subsection shall be paid thereafter a monthly nonservice-connected disability pension in an amount which shall be equal to the same percentage of the Retired Member s Final Average Salary as the Board shall determine, from time to time, to be the percentage of his or her disability; but such pension shall be in an amount of not less than 30% and not more than 50% of the Retired Tier 5 Plan Member s Final Average Salary. No Retired Tier 5 Plan Member, while retired pursuant to this subsection, ever shall be paid any pension pursuant either to Section or to subsection (a) of this section. (c) Determination of Disability. Upon the filing of any written application or request for a disability pension, as referred to in subsections (a) and (b) of this section, the Board: (1) shall cause the Tier 5 Plan Member to be examined by and a written report thereon rendered by at least three regular licensed and practicing physicians selected by it; (2) shall hold a hearing with respect to such application or request; (3) shall receive or hear such other evidence relating to or concerning the Tier 5 Plan Member s disability or claimed disability as may be presented

298 to it. The Board shall have the power to hear and determine all matters pertaining to the granting and denying of any such application or request for a disability pension. The Board first shall determine whether or not the Tier 5 Plan Member is incapable of performing his or her assigned duties or those to which he or she would be assigned within the Plan Member s civil service classification if returned to duty. If the Board were to determine that he or she is not so incapable, it then shall be the duty of the Board to deny the application or request. If the Board were to determine that he or she is so incapable, it then shall determine, pursuant to the language used in subsections (a) and (b) of this section, whether his or her incapacity or disability is service-connected or nonservice-connected. The Board then shall determine the percentage of his or her incapacity or disability, within the limitations prescribed in subsections (a) and (b) of this section, and shall grant the application or request accordingly. If the Board were to determine that the disability is nonservice-connected, and that the incapacity or disability was principally due to or caused by voluntary action by the Tier 5 Plan Member intended to entitle him or her to a nonservice-connected disability pension, it then shall be the duty of the Board to deny the application or request. The Board upon its own motion or upon the written request of any Retired Tier 5 Plan Member, retired pursuant to subsections (a) or (b) of this section, shall have the power to consider new evidence pertaining to the case of any such Retired Tier 5 Plan Member and to increase or decrease the percentage of his or her incapacity or disability within the limitations prescribed in subsections (a) or (b) of this section; but any such increase or decrease shall be based only upon injuries or sickness for which he or she was retired. In the case of any former Tier 5 Plan Member who became such by reason of his or her resignation or discharge as a Department Member, the Board, in order to grant any application filed by him or her for a disability pension, must also determine, in addition to all of the foregoing, that any existing incapacity or disability upon his or her part occurred prior to the termination of his or her active status as a Department Member and had been continuous up to the date of the Board s determinations. The Board shall use the disability rating schedule adopted for Tier 3 to assist in standardizing disability pension awards. (d) Termination of Disability Pensions. The pension of any Retired Tier 5 Plan Member, retired pursuant to subsections (a) or (b) of this section and whose active status as a Department Member had been terminated by reason of his or her retirement, shall cease when the incapacity or disability for which he or she had been retired shall cease and he or she either: (1) shall have been restored to active duty as a Department Member in the same permanent rank which he or she had held as of the date of retirement; or (2) shall have been ordered restored to active duty as a Department Member in such same permanent rank and shall have declined, refused or neglected to report therefor or to perform duties as such. Any former Tier 5 Plan Member who has been retired for more than five years from the date of the Board s action by which he or she was retired may never be restored to active duty as a Department Member. The pension of any Retired Tier 5 Plan Member, retired pursuant to subsections (a) or (b) of this section and whose active status as a Department Member had been terminated by reason of his or her resignation or discharge as such, shall cease when the incapacity or disability for which he or she received a disability pension shall cease. The Board shall have the power to hear and determine upon its own motion all matters pertaining to the termination of any such pension. After a Retired Tier 5 Plan Member, whose active status as a Department Member has been terminated by reason of his or her retirement, has been retired on a service-connected disability pension or on a nonservice-connected disability pension for five years, and has been found to be no longer disabled, the Board shall adjust such Retired Tier 5 Plan Member s pension to 30% of his or her Final Average Salary. The adjusted pension shall reflect such cost of living adjustments as would have occurred had the Retired Tier 5 Plan Member s pension originally been based on such adjusted percentage. (e) Periodic Medical Examinations. Except in those instances in which the Board has determined that, due to the nature of the disability, no purpose would be served in having periodic medical examinations to determine whether or not a Retired Tier 5 Plan Member is still disabled, all Retired Tier 5 Plan Members on a disability pension shall undergo medical examinations at periodic intervals, as determined by the Board, for the first five years of their disability retirement. Retired Tier 5 Plan Members who receive service-connected disability pensions exceeding 30% of Final Average Salary and Tier 5 Plan Members who terminated City employment by reason of resignation or discharge prior to being granted a disability retirement, shall thereafter undergo medical examinations as determined by the Board. If a Retired Tier 5 Plan Member resides outside of the State of California, the Board shall have the authority to order medical examinations of Retired Tier 5 Plan Members at any place it may determine to be desirable and shall, if it is determined that it would impose hardship on the person to be examined to travel to such place, have the authority to defray the reasonable cost of any such travel required. (f) Assessing Cost for Missed Medical Appointments. The Board shall have the authority to provide, by rule, for assessing the cost of medical appointments missed by disability pension applicants, or by Retired Tier 5 Plan Members on a disability pension, where such missed appointments were not caused by factors beyond the control of the Tier 5 Plan Member or Retired Tier 5 Plan Member. (g) Re-application After Denial of Disability Pension. The Board shall establish reasonable rules governing the re-application by Plan Members for a disability pension where an application has been denied and a new application has been filed subsequently for the same or similar medical reasons as those which were the basis of a previously denied application. (h) Transfers Under Civil Service. For a period of one year following the effective date of a Retired Tier 5 Plan Member s disability pension, such Retired Plan Member shall be eligible for status without examination under the provisions of Section 1014 of the Charter in civil service classifications other than those that would entitle him or her to membership in any Tier of the Fire and Police Pension Plan but the provisions of this subsection shall not apply to former Plan Members whose status as Department Members had terminated by reason of resignation or discharge.

299 (i) Exclusion for Willful Conduct. In making its determinations and findings relative to subsections (a), (b), and (c) of this section, the Board shall consider whether and to what extent the activity giving rise to the disability of a member of the Police Department was caused or aggravated by such member s willful misconduct. If the Board finds that the disability was caused or aggravated by such willful misconduct, the Board shall deny the Plan Member s application for a disability pension. The provisions of this subsection shall be applicable only to those Plan members who became members of the Police Department on or after July 6, Added by Ord. No. 174,367, Eff Sec Survivorship Benefits for All Tier 5 Members, Except Former Tier 2 Members Who Transferred to Tier 5. (a) Pension for Qualified Surviving Spouse/Qualified Surviving Domestic Partner. (1) Tier 5 Plan Member s Service-Connected Death. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Tier 5 Plan Member who shall die by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be paid for life a monthly pension in an amount which shall be equal to 75% of the deceased Plan Member s Final Average Salary. For the purposes of the benefit provided in this subsection (a)(1), a Plan Member has died by reason of injuries received or sickness caused by the discharge of his or her duties if there is clear and convincing evidence that the discharge of the Plan Member s duties were the predominant cause of his or her death. (2) Tier 5 Plan Member s Nonservice-Connected Death. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Tier 5 Plan Member who shall have five or more Years of Service and who shall die while a Department Member, by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be paid for life a monthly pension in an amount which shall be equal to 30% of the deceased Plan Member s Final Average Salary, or, if the Plan Member, at the time of death, was then eligible to receive a pension on account of Years of Service, 40% of the deceased Plan Member s Final Average Salary. (3) Retired Tier 5 Plan Member s Death While on a Service Pension. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Retired Tier 5 Plan Member, who shall die while he or she is receiving a pension pursuant to Section , shall be paid, for life a monthly pension in an amount which shall be equal to 60% of the pension received by the deceased Retired Plan Member immediately preceding the date of his or her death. The benefit described in this subsection (a)(3) may be modified as provided in subsection (b) of this section. (4) Retired Tier 5 Plan Member s Death While on a Service-Connected Disability Pension. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Retired Tier 5 Plan Member, who shall die while he or she is receiving a service-connected disability pension pursuant to Section , shall be paid for life a monthly pension in an amount which shall be equal to 60% of the pension received by the deceased Retired Plan Member immediately preceding the date of his or her death, unless the death of the Retired Plan Member occurs within three years after the effective date of his or her pension and is due to service-connected causes, in which case, the qualified Surviving Spouse or Qualified Surviving Domestic Partner shall receive, or in a case where an option has been elected pursuant to subsection (b) of this section, may elect to receive, 75% of the Retired Member s Final Average Salary, as modified by the cost of living adjustments made pursuant to Section of this Tier 5 since the date of retirement of the Retired Plan Member. The benefit described in this subsection (a)(4) may be modified as provided in subsection (b) of this section. (5) Retired Tier 5 Plan Member s Death While on a Nonservice- Connected Disability Pension. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Retired Member, who shall die while he or she is receiving a nonservice-connected disability pension pursuant to Section , shall be paid for life a monthly pension amount which shall be equal to 60% of the pension received by the deceased Retired Plan Member immediately preceding the date of his or her death. The benefit described in this subsection (a)(5) may be modified as provided in subsection (b) of this section. (6) Nonservice-Connected Death of Tier 5 Plan Member with Less than Five Years of Service. In the event the Tier 5 Plan Member dies of nonservice-connected causes before having completed five Years of Service, the Qualified Surviving Spouse or Qualified Surviving Domestic Partner of the deceased Tier 5 Plan Member, or his or her Minor or Dependent Children if there is no Qualified Spouse or Qualified Domestic Partner, or his or her Dependent Parents if there is no Qualified Surviving Spouse, Qualified Domestic Partner, Minor or Dependent Children, shall be entitled to the Basic Death Benefit described in subsection (a)(7) below. (7) Basic Death Benefit and Election. The Basic Death Benefit shall consist of: (a) the return of a deceased Plan Member s contributions to the Plan with accrued interest thereon; subject, however to the rights created by virtue of the Plan Member s designation of a beneficiary as otherwise provided in this Tier 5; and (b) if the deceased Plan Member had at least one Year of Service, the deceased Plan Member s Final Average Salary multiplied by the number of completed Years of Service, not to exceed six years; provided that said amount shall be paid in monthly installments of one-half of the deceased Plan Member s Final Average Salary. A Qualified Surviving Spouse or Qualified Surviving Domestic Partner, or a guardian acting on behalf of the Minor or Dependent Children of a deceased Plan Member if there is no Qualified Surviving Spouse or Qualified Surviving Domestic Partner, or Dependent Parents if there is no Qualified

300 Surviving Spouse or Qualified Surviving Domestic Partner and no Minor or Dependent Children entitled to a pension pursuant to any of the provisions of this section, where benefits are based upon the Plan Member s death in active service, may in lieu of the pension provided and before the first payment of such pension, elect to receive the Basic Death Benefit. (b) Optional Pensions for Qualified Surviving Spouse or Qualified Surviving Domestic Partner. At any time before the first payment of a service pension, a service-connected disability pension, or a nonservice-connected disability pension, the Plan Member may elect to receive, in lieu of his or her pension as provided in Section or Section , the actuarial equivalent at that time of such pension and of the pension for the Qualified Surviving Spouse or Qualified Surviving Domestic Partner as provided in subsection (a) of this section, by electing an optional pension payable throughout the balance of his or her life, with the provision that upon his or her death such optional pension shall be continued to the Plan Member s Qualified Surviving Spouse or Qualified Surviving Domestic Partner in the proportional amount designated by the Plan Member at the time of election of the option provided by this section. The amount of such optional pension shall be so calculated that the liability of the Fire and Police Pension Plan at the date of retirement under the optional pension shall be equal to the liability of the Fire and Police Pension Plan at the same date under the pension awarded in accordance with the provisions of Section or Section and of the survivorship pension provided by subsection (a) of this section. For the purpose of this section, the liability of the Fire and Police Pension Plan is defined as the present value, in accordance with tables adopted by the Board, of the pensions or optional pensions calculated by approved actuarial methods, and recommended by the Board s actuary. In determining the actuarial equivalent of the pension for a Qualified Surviving Spouse or Qualified Surviving Domestic Partner as provided pursuant to subsections (a)(3), (4), and (5) of this section, the equivalent of a 60% survivorship pension shall be used in all cases. The optional amounts, calculated in accordance with the foregoing paragraph, shall provide a range of optional values such that the amount to be paid to the Qualified Surviving Spouse or Qualified Surviving Domestic Partner of the Plan Member shall range from 60% to 100% of the pension payable to the Plan Member, varying by increments of 5%. If a Retired Tier 5 Plan Member, previously retired on a disability pension pursuant to the provisions of Section , should be reinstated to active duty upon termination of his or her disability, the election to receive the optional pension as herein provided, shall be deemed canceled as of the effective date of such reinstatement. A Retired Tier 5 Plan Member, previously retired on a disability pension pursuant to the provisions of Section and whose pension has subsequently been adjusted as provided for in Section , shall have the right to cancel any option previously elected by him or her pursuant to the provisions of this subsection. The Board shall by rule provide for a method in which the election to receive an optional pension shall be exercised. (c) Additional Pension Amounts. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die and leave surviving him or her, in addition to a Qualified Surviving Spouse or Qualified Domestic Partner (either being a Qualified Survivor for the purposes of this subsection), a Minor Child or Children or a Dependent Child or Children of the deceased member and the Qualified Survivor, then such Qualified Survivor shall be paid an additional monthly pension in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination thereof, and 50% while there are three or more Minor Children or Dependent Children or a combination, and such additional monthly pension shall be the exclusive property of such Qualified Survivor and not the property of any such Minor Child or Dependent Child. Whenever any Plan Member or Retired Plan Member shall die and leave surviving him or her in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children who are not the child or children on the Qualified Survivor, then the guardian or guardians of the estate or estates of any such Minor Child or Children or Dependent Child or Children shall be paid a monthly pension in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination. Whenever any Plan Member or Retired Plan Member shall die and leave surviving him or her, in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased member and the Qualified Survivor and a Minor Child or Children or a Dependent Child or Children not the child or children of the Qualified Survivor, then a monthly pension shall be paid in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination. The amount of such monthly pension shall be divided by the number of Minor Children or Dependent Children and shall be adjusted accordingly whenever any Minor or Dependent Child shall cease to be such. The Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to the number of his or her Minor Children or Dependent Children and the same shall be her or his exclusive property. The guardian or guardians of the estate or estates of the Minor Children or Dependent Children who are not those of the Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to such Minor Children or Dependent Children and the same shall be the exclusive property of such children. The additional pension amounts provided in this subsection for persons other than a Qualified Survivor are to be calculated on the basis of the applicable Qualified Survivor pension provided pursuant to subsection (a) of this section, unmodified by any election that may previously have been made pursuant to the provisions of subsection (b) of this section. Additional pension amounts are also subject to the limitation that the amount of any survivorship pension provided in this section, after the additional payments provided in this subsection are added thereto, may not exceed 100% of the Final Average Salary of the deceased Tier 5 Plan Member or 100% of the Final Average

301 Salary of the Retired Tier 5 Plan Member, as modified by the cost of living adjustments made pursuant to Section of this Tier 5 since the date of retirement of the Retired Tier 5 Plan Member. In case of such excess, any additional pension amounts shall be reduced to a level where the total amount of pension is equal to such maximum. (d) This section is intentionally left blank. (e) Pension for Minor or Dependent Children. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die without leaving a Qualified Surviving Spouse or Qualified Surviving Domestic Partner, the guardian of the estate of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension equal to the pension a Qualified Surviving Spouse or Qualified Surviving Domestic Partner would have been eligible to receive pursuant to subsection (a) of this section had a Qualified Surviving Spouse or Qualified Surviving Domestic Partner survived such Member. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die leaving a Qualified Surviving Spouse or Qualified Surviving Domestic Partner who thereafter shall die, the guardian of the estate of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension equal to the pension a Qualified Surviving Spouse or Qualified Surviving Domestic Partner would have been eligible to receive pursuant to subsection (a) of this section. In any of the foregoing events and if there were to be more than one Minor or Dependent Child, an equal share of such monthly pension shall be paid for and on behalf of each such child to the guardian of his or her estate and shall be adjusted as each of them shall cease to be a Minor or Dependent Child in the manner set forth in subsection (c) of this section. If payments are made pursuant to this subsection (e), no additional pension amounts shall be paid pursuant to subsection (c) of this section. (f) Pension for Dependent Parents. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die without leaving a Qualified Surviving Spouse or a Qualified Surviving Domestic Partner or a Minor or Dependent Child, a monthly pension shall be paid to such Dependent Parents or to the survivor of them until each such Dependent Parent shall cease to be such. Any Dependent Parent who shall cease to be such but who thereafter again shall become unable to pay his or her necessary living expenses without a pension shall be entitled to have his or her pension reinstated. The total amount of a pension payable to the Dependent Parent or Parents shall be the same as that to which a Qualified Surviving Spouse or Qualified Surviving Domestic Partner would have been entitled pursuant to subsection (a) of this section. (g) Determinations With Respect to Cause of Death and Dependency. The Board shall have the same power as that which has been given to it by Section (c) and (d) in order to determine: (1) the fact whether a Tier 5 Plan Member s death was service-connected or nonservice-connected for the purposes of Section (a)(1) and (2); (2) the fact of whether or not a child of a deceased Tier 5 Plan Member or Retired Tier 5 Plan Member is a Dependent Child; and (3) whether or not any parent of a deceased Tier 5 Plan Member or Retired Tier 5 Plan Member is a Dependent Parent. The Board also shall have the power to determine, from time to time, the fact of whether or not a child continues to be a Dependent Child, the fact of whether or not a parent continues to be a Dependent Parent and the fact of whether or not a Dependent Parent who had ceased to be such thereafter shall have become entitled to have his or her pension reinstated. (h) Medical Reports and Hearings. The power of the Board to determine the fact of whether a Plan Member s death was service-connected or nonservice-connected, as provided in subsection (g) of this section, hereafter may be exercised by it upon the basis of a written report from one regularly licensed and practicing physician selected by it but the Board, in its discretion, may obtain such a report from more than one such physician. The determination hereinbefore referred to in this subsection may, at the option of the Board, be made without a hearing being held pursuant to the provisions of subsection (g) of this section. (i) Distribution of Contributions. Whenever a Tier 5 Plan Member dies without leaving a person or persons entitled to receive a pension pursuant to the provisions of this section, then, and in that event, his or her contributions to the Plan, together with such interest as may have been credited to the Plan Member s individual account shall be paid to such person as he or she shall have nominated by written designation duly executed and filed with the Board, or, if there be no such designation, then to the surviving spouse or to the Plan Member s children in the event there be no surviving spouse, or to the Plan Member s parents in the event there is no surviving spouse or children. In the event there is no written designation of beneficiary, surviving spouse, children or parents, then the contributions shall be paid to the executor or administrator of the estate of such deceased Plan Member, or to any other person legally authorized to collect money due the decedent. (j) Application of Section. This section shall apply with respect to all Tier 5 Plan Members except former members of Tier 2 who have elected to become Tier 5 Plan Members in accordance with Section (c). Added by Ord. No. 174,367, Eff Sec Survivorship Benefits for Former Members of Tier 2 Who Transferred to Tier 5. (a) Qualified Surviving Spouse or Qualified Surviving Domestic Partner and Additional Amounts for Children.

302 (1) Tier 5 Plan Member s Service Connected Death. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Tier 5 Plan Member who shall die by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be paid for life a monthly pension in an amount which shall be equal to 75% of the deceased Plan Member s Normal Pension Base. For the purposes of the benefit provided in this subsection (a)(1), a Plan Member has died by reason of injuries received or sickness caused by the discharge of his or her duties if there is clear and convincing evidence that the discharge of the Plan Member s duties were the predominant cause of his or her death. (2) Tier 5 Plan Member s Nonservice-Connected Death. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Tier 5 Plan Member who shall have five or more Years of Service since the date of his or her last regular and permanent appointment as a Department Member including his or her service of the required probationary period and who shall die while a Department Member, by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be paid for life a monthly pension in an amount which shall be equal to 40% of the Plan Member s Nonservice-Connected Pension Base. (3) Retired Tier 5 Plan Member s Death While on a Service Pension. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Retired Tier 5 Plan Member, who shall die while he or she is receiving a pension pursuant to Section , shall be paid, for life a monthly pension in an amount which shall be equal to the same percentage of such Retired Member s Normal Pension Base as the percentage which had been applicable to the calculation of his or her pension, provided, however, that the percentage of his or her Normal Pension Base shall not exceed 55% for the purposes of this subsection. The benefit described in this Subsection (a)(3) may be modified as provided in Subsection (h) of this section. (4) Retired Tier 5 Plan Member s Death While on a Service-Connected Disability Pension. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Retired Tier 5 Plan Member, who shall die while he or she is receiving a service-connected disability pension pursuant to Section , shall be paid for life a monthly pension in an amount which shall be equal to 50% of such Retired Member s Normal Pension Base or, alternatively, in an amount which shall be equal to 55% in the event that such member shall have had 25 years of service or more as of the effective date of his retirement. The benefit described in this Subsection (a)(4) may be modified as provided in Subsection (h) of this section. (5) Retired Tier 5 Plan Member s Death While on a Nonservice- Connected Disability Pension. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Retired Tier 5 Plan Member, who shall die while he or she is receiving a nonservice-connected disability pension pursuant to Section , shall be paid for life a monthly pension in an amount which shall be equal to 40% of the Retired Member s Nonservice-Connected Pension Base. The benefit described in this Subsection (a)(5) may be modified as provided in Subsection (h) of this section. (6) Death of Tier 5 Plan Member Who Would Have Been Eligible for a Service Pension under Tier 2. The Qualified Surviving Spouse or Qualified Surviving Domestic Partner of a Tier 5 Plan Member, who dies by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or his duties while he or she is a Department Member at a time when he or she would have been eligible for a service pension pursuant to Charter Section 1408 had he or she not transferred to Tier 5, shall be paid for life a monthly pension in an amount equal to the same percentage of the Plan Member's Normal Pension Base as the percentage that would have been applicable to the calculation of his or her pension had he or she retired pursuant to Charter Section 1408 as of the date of his death, but the percentage of his or her Normal Pension Base shall not exceed 55% for the purposes of this subsection. (7) Additional Pension Amounts for Minor or Dependent Children. (a) Children of Qualified Surviving Spouse or Qualified Domestic Partner. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die and leave surviving him or her, in addition to a Qualified Surviving Spouse or a Qualified Surviving Domestic Partner (either being a Qualified Survivor for the purposes of this section), a Minor Child or Children or a Dependent Child or Children of the Member and the Qualified Survivor, then such Qualified Survivor shall be paid an additional monthly pension in an amount which shall be equal to 25% of the pension he or she as a Qualified Survivor would be entitled to pursuant to any of the forgoing provisions of subsection (a) while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination thereof, and 50% while there are three or more Minor Children or Dependent Children or a combination, and such additional monthly pension shall be the exclusive property of such Qualified Survivor and not the property of any such Minor Child or Dependent Child. (b) Other Children of Deceased Member. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die and leave surviving him or her in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children not the child or children of the Qualified Survivor, then the guardian or guardians of the estate or estates of any such Minor Child or Children or Dependent Child or Children shall be paid a monthly pension in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination, and such monthly pension shall be the exclusive property of such minor child or children or dependent child or children and not the property of the Qualified Survivor. (c) Children of Qualified Survivor and Other Children. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die and leave surviving him or her, in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased member and Qualified Survivor and a Minor Child or Children or a Dependent Child or Children not the child or children of the Qualified Survivor, then a monthly pension shall be paid in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination. The amount of

303 such monthly pension shall be divided by the number of Minor Children or Dependent Children and shall be adjusted accordingly whenever any Minor or Dependent Child shall cease to be such. The Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to the number of his or her Minor Children or Dependent Children and the same shall be her or his exclusive property. The guardian or guardians of the estate or estates of the Minor Children or Dependent Children who are not those of the Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to such Minor Children or Dependent Children and the same shall be the exclusive property of such children. (b) Pension for Minor or Dependent Children. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die without leaving a Qualified Surviving Spouse or Qualified Surviving Domestic Partner, the guardian of the estate of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension pursuant to subsections (a)(1), (2), (3), (4), (5) and (6) of this section, whichever shall be applicable. Whenever any Plan Member or Retired Plan Member shall die leaving a Qualified Surviving Spouse or Qualified Domestic Partner who thereafter shall die, the guardian of the estate of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension pursuant to one of the aforementioned paragraphs of subsection (a) of this section, whichever shall be applicable. In either of the foregoing events and if there were to be more than one Minor or Dependent Child, an equal share of such monthly pension shall be paid for and on behalf of each such child to the guardian of his or her estate and shall be adjusted as each of them shall cease to be a Minor or Dependent Child in the manner set forth in subsection (a)(7) of this section. (c) Pension for Dependent Parents. Whenever any Tier 5 Plan Member or Retired Tier 5 Plan Member shall die without leaving a Qualified Surviving Spouse or Qualified Surviving Domestic Partner or a Minor Child or Dependent Child, a monthly pension pursuant to subsections (a)(1), (2), (3), (4), and (5) of this section, shall be paid to his or her Dependent Parents or to the survivor of them until each such Dependent Parent shall cease to be such. Any Dependent Parent who shall cease to be such but who thereafter again shall become unable to pay his or her necessary living expenses without a pension shall be entitled to have his or her pension reinstated. (d) Determinations With Respect to Cause of Death and Dependency. The Board shall have the same power as that which has been given to it by Section (c) and (d) in order to determine: (1) the fact whether a Tier 5 Plan Member s death was service-connected or nonservice-connected for the purposes of Section (a)(1) and (2); (2) the fact of whether or not a child of a deceased Tier 5 Plan Member or Retired Tier 5 Plan Member is a Dependent Child; and (3) whether or not any parent of a deceased Tier 5 Plan Member or Retired Tier 5 Plan Member is a Dependent Parent. The Board also shall have the power to determine, from time to time, the fact of whether or not a child continues to be a Dependent Child, the fact of whether or not a parent continues to be a Dependent Parent and the fact of whether or not a Dependent Parent who had ceased to be such thereafter shall have become entitled to have his or her pension reinstated. (e) Medical Reports and Hearings. The power of the Board to determine the fact of whether a Tier 5 Plan Member s death was service-connected or nonservice-connected, as provided in subsection (d) of this section, hereafter may be exercised by it upon the basis of a written report from one regularly licensed and practicing physician selected by it, provided, however, that it, in its discretion, may obtain such a report from more than one such physician. The determination hereinbefore referred to in this subsection may, at the option of the Board, be made without a hearing being held pursuant to the provisions of subsection (d) of this section. (f) Distribution of Contributions. Whenever a Tier 5 Plan Member dies without leaving a person or persons entitled to receive a pension pursuant to the provisions of this section, then, and in that event, his or her contributions to the Plan, together with such interest as may have been credited to the Plan Member s individual account shall be paid to such person as he or she shall have nominated by written designation duly executed and filed with the Board, or if there be no such designation, then to the surviving spouse or to the Plan Member s children in the event there is no surviving spouse, or to the Plan Member s parents in the event there is no surviving spouse or children. In the event there is no written designation of beneficiary, surviving spouse, children or parents, then the contributions shall be paid to the executor or administrator of the estate of such deceased Plan Member, or to any other person legally authorized to collect money due the decedent. (g) Application of Section. This section shall apply solely with respect to former members of Tier 2 who have elected to become Tier 5 Plan Members in accordance with section (c). (h) Optional Pensions for Qualified Surviving Spouse or Qualified Surviving Domestic Partner. At any time before the first payment of a service pension, a service-connected disability pension, or a nonservice-connected disability pension, the Plan Member may elect to receive, in lieu of his or her pension as provided in Section or Section , the actuarial equivalent at that time of the pension and of the pension for the Qualified Surviving Spouse or Qualified Surviving Domestic Partner as provided in Subsection (a) of this section, by electing an optional pension payable throughout the balance of his or her life, with the provision that upon his or her death the optional pension shall be continued to the Plan member's Qualified Surviving Spouse or Qualified Surviving Domestic Partner in the proportional amount designated by the Plan Member at the time of election of the option provided by this section. The amount of this optional pension shall be so calculated that the liability of the Fire and Police Pension Plan at the date of retirement under the optional pension shall be equal to the liability of the Fire and Police Pension Plan at the same date under the pension awarded in accordance with the provisions of Section or Section and of the survivorship pension provided for the Qualified Surviving Spouse or the Qualified Surviving Domestic Partner by Subsection (a) of this section.

304 The optional amounts, calculated in accordance with the foregoing paragraph, shall provide a range of optional values such that the amount to be paid to the Qualified Surviving Spouse or Qualified Surviving Domestic Partner of the Plan Member shall be increased, in increments as determined by the Board, up to 100% of the pension payable to the Plan Member. If a Retired Tier 5 Plan Member, previously retired on a disability pension pursuant to the provisions of Section , should be reinstated to active duty upon termination of his or her disability, the election to receive the optional pension as provided in this subsection, shall be deemed canceled as of the effective date of the reinstatement. A Retired Tier 5 Plan Member, previously retired on a disability pension pursuant to the provisions of Section and whose pension has subsequently been adjusted as provided for in Section , shall have the right to cancel an option previously elected by him or her pursuant to the provisions of this subsection. The Board shall by rule provide for a method in which the election to receive an optional pension shall be exercised. Added by Ord. No. 174,367, Eff Amended by: Subsecs. (a)(3), (a)(4) and (a)(5) amended, Subsec. (h) added, Ord. No. 177,900, Eff ; Subsec. (a)(6), Ord. No. 178,656, Eff Sec Funding. (a) Creation of Funds. Subject to Charter Section 1220(b), two entirely separate and distinct funds hereby are created and established for record keeping, actuarial and other administrative purposes related to this Tier 5, one of which shall be known as the Fire and Police Tier 5 Service Pension Fund and the other of which shall be known as the Fire and Police Tier 5 General Pension Fund. (b) Fire and Police Tier 5 Service Pension Fund. The Fire and Police Tier 5 Service Pension Fund shall consist of: (1) deductions made pursuant to Section , from the salaries of Plan Members; (2) all contributions and donations to the Fire Department, the Police Department or the Harbor Department for services by any Plan Members, except amounts of money donated to provide for any medal or permanent competitive award: (3) all fines imposed upon Plan Members for violations of rules and regulations of the respective department in which they are Department Members; (4) proceeds from the sale of unclaimed property as determined by the Board; and (5) all interest, earnings and profits resulting from investments of such monies. (6) all contributions paid pursuant to Section (i)(2)(B) and Section (i)(2)(C). (c) Fire and Police Tier 5 General Pension Fund. The Fire and Police Tier 5 General Pension Fund shall consist of: (1) all money appropriated to the fund by the Council; and (2) all interest, earnings and profits resulting from investment of such monies. (d) Use of Funds. The monies in the Fire and Police Tier 5 Service Pension Fund shall be used, other than for the investment thereof, exclusively for the payment of service pensions granted pursuant to Section , for the refund of contributions as provided in this Tier 5 and such other uses as may be authorized by Charter Sections 1220(b) and (c). The monies in the Fire and Police Tier 5 General Pension Fund shall be used, other than for the investment thereof, exclusively for the payment of all pensions other than service pensions, such other benefits as may be provided pursuant to the provisions of this Tier 5, all administrative expenses of the Fire and Police Pension Plan - Tier 5 and such other uses as may be authorized by Charter Sections 1220(b) and (c). (e) Authorized Transfer Between Funds. In the event that the monies in the Fire and Police Tier 5 Service Pension Fund should be insufficient, at any time, to pay all service pensions, then the Board shall have the power and authority to cause the Controller of the City to transfer to the fund sufficient monies therefor from the Fire and Police Tier 5 General Pension Fund. (f) Benefits Shall be General Obligation of the City. The obligation to pay benefits pursuant to this Tier 5 shall be a general obligation of the City. Charter Section 1210 shall apply to this Tier 5 in a manner substantially identical to its application to Tier 3. Added by Ord. No. 174,367, Eff

305 Amended by: Subsec. (b)(2) amended, Subsec. (b)(6) added, Ord. No. 177,214, Eff Sec Actuarial Determinations and Tier 5 Unfunded Liabilities. (a) Actuarial Standards. The Fire and Police Pension Plan Tier 5 shall be maintained on a reserve basis which, for the purposes of this Tier 5, shall mean one which provides for the accumulation and maintenance of the Fire and Police Tier 5 Service Pension Fund and the Fire and Police Tier 5 General Pension Fund which together will at all times be equal to the difference between the present value of the obligations assumed and the present value of the monies to be received for paying such obligations, where such present values are estimated in accordance with accepted actuarial methods and on the basis of an assumed rate of interest and the mathematical probabilities of the occurrence of such contingencies as affect both the payment of the assumed obligations and the receipt of monies with which they are to be paid in accordance with the provisions of Charter Section 1210(b)(3), applied as if the term Tier 3" as used therein were Tier 5", and Section of this Code. (b) Actuarial Valuations. The Board shall secure an actuarial valuation showing the cost of maintaining the plan and funds on such reserve basis and, at intervals of not to exceed five years, shall cause to be made an actuarial investigation including, but not limited to, the mortality, service and salary experience of the Plan Members and other beneficiaries and shall further cause to be made annually an actuarial valuation of the assets and liabilities of the funds. The Board, from time to time and with the advice of the investment counsel, shall establish such an assumed rate of interest for the purpose of actuarial valuations, as in its judgment seems proper in the light of the experience and prospective earnings on the investment of the funds. (c) Retention of Actuary. The Board shall retain a competent consulting actuary for the purpose of making the necessary actuarial studies, reports, investigations and valuations and shall, with the advice of the actuary, adopt such actuarial assumptions as shall be necessary. (d) Accounting for Unrealized Profits and Losses. With the advice of the consulting actuary and of the investment counsel, the Board, for the purpose of the actuarial valuations, may provide by rule for the manner and the extent to which any unrealized profits or losses in the equity type investments of the funds shall be taken into account. (e) Unfunded Liabilities. The unfunded liabilities of the Fire and Police Pension Plan Tier 5 shall be funded in accordance with the actuarial funding method adopted by the Board upon the advice of its consulting actuary. Any unfunded liabilities resulting from amendment of the provisions of this Tier 5 or by ordinance as authorized by this Tier 5 shall be amortized over a 30 year period. Actuarial experience gains and losses shall be amortized over a 15 year period. Added by Ord. No. 174,367, Eff Sec Member Contributions Tier 5. (a) Contribution Amount. Each Tier 5 Plan Member shall contribute to the Fire and Police Pension Plan Tier 5 by salary deduction at the rate of 9% of the amount of his or her salary, except that further contributions to the Plan shall not be required from a Plan Member who has served as a Plan Member more than 33 years. The City however shall pay 1% of this contribution contingent on the Fire and Police Pension Plan remaining at least 100% actuarially funded for pension benefits. For purposes of determining the amount of the deduction, Salary shall mean those elements of a Plan Member s compensation which would be included in calculating Final Average Salary. The administrative head of the Fire Department or the Police Department shall cause to be shown on each and every payroll of such department a deduction of 8% of the amount of salary of each Plan Member whose name appears thereon. In the event that the plan is not at least 100% actuarially funded for pension benefits, the deduction shall be increased to 9%. In the event Section 1220 of the Charter becomes inoperative, employee contributions shall increase by one-half the increase in the Normal Cost of Tier 5 over the Normal Cost of Tier 3, immediately prior to the inception of Tier 5, as defined by the Plan s actuary. (b) Member Accounts. The Board shall maintain an individual account of the contributions by or for each Plan Member, as hereinabove provided. Regular interest shall be credited to such individual accounts as of the last day of June and December of each year at such rate as the Board may deem proper in light of the Fire and Police Pension Plan s earnings, exclusive of profits and losses on principal heretofore or hereafter resulting from sales of securities. No such interest shall be credited at any other time or to the individual account of any person who is not a Plan Member but such interest shall be credited to the end of the pay period preceding termination, using the last interest rate used for the preceding June or December for crediting the Plan Member s individual accounts. (c) Payroll Deduction. Each Tier 5 Plan Member shall be deemed to consent and agree to each deduction made as provided for herein and the payment of each payroll check to such Plan Member shall be a full and complete discharge and acquittance of all claims and demands whatever for the services rendered by each member during the period covered by such payroll, except such claims as such Plan Member has to the benefits or payments provided for in this Tier 5. (d) Election of Refund Forfeits Right to Benefits. Tier 5 Plan Members or beneficiaries thereof who elect to receive a refund of contributions, forfeit the right to benefits provided in this Tier 5. After payment of any pension benefit has commenced, the Tier 5 Plan Member or beneficiaries forfeit the right to a refund of the Plan Member s contributions. Tier 5 Plan Members who return to active duty from a disability pension may not thereafter have their contributions refunded. A terminated Tier 5 Plan Member who had elected to have contributions returned, but who re-enters service and again becomes a Plan Member, shall have the privilege of regaining the prior service credit by repaying the amount of his or her previously refunded contributions and interest and an amount calculated as

306 interest which would have been earned between the date of original termination of status as a Tier 5 Plan Member and the date of re-entry into service as a Department Member. (e) Assuring Full Member Contributions. The Board shall have rule-making authority to insure that the Fire and Police Pension Plan Tier 5 receives member contributions for all periods of credited service, except that the Board shall not have authority to require contributions for service credit for military service and for periods while a Tier 5 Plan Member is receiving a disability pension, or full pay for Injury On Duty. Tier 5 Plan Members, however, may elect to make contributions for periods of Injury On Duty compensated at the rate provided by general law in order to acquire credit for Years of Service for such period. Such contributions shall be at the contribution rate herein provided and shall be based on the salary the Plan Member would have received if he or she had not occupied Injury On Duty status. (f) Time Contributions Commence. Members who transfer into Tier 5 from Tiers 2, 3, or 4 shall pay contributions in accordance with subsection (a) from the date of the Tier s inception unless and until the member has 33 years of service. Added by Ord. No. 174,367, Eff Sec Cost of Living Adjustments. (a) Determination of Cost of Living Adjustments. The Board, before May 1 of each year commencing with the year 2002, shall determine the percentage of the annual increase or decrease in the cost of living as of March 1 of that year from March 1 of the preceding year as shown by the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics or such other index as the Federal Government may develop to replace the All Urban Consumers Index for the area in which the City is located. If any such index were not to reflect the cost of living as of a particular March 1, then the index for the closest preceding date shall be used. (b) Annual Cost of Living Adjustments. (1) Commencing as of July 1 of the year in which the Board shall determine the percentage of increase or decrease in the cost of living, the monthly amounts of all pensions granted pursuant to the provisions of this Tier 5, shall be increased or decreased by reason of such determined percentage of increase or decrease in the cost of living, not to exceed an increase or decrease of 3% in any given year. Pensions which became payable before July 1, but subsequent to the preceding July 1, will be adjusted on a prorated basis whereby one twelfth of the annual adjustment shall be applied for each completed month since such pension commenced. In no event shall pensions adjusted hereunder ever be decreased below the amount received by the Beneficiary when such pension first became payable to him or her. (2) If the percentage of increase in the cost of living, as determined by the Board in accordance with subsection (a), were to exceed three percent (3%), the percentage of increase in the cost of living in excess of three percent (3%) shall be accumulated and carried over and added to the retiree s COLA bank. In subsequent years, should the Board determine, based upon the applicable index, that the cost of living increase is below three percent (3%), an additional percentage, if available in such COLA bank, will be withdrawn from the retiree s COLA bank and applied to that current year s cost of living increase, up to the maximum of three percent (3%). (c) Discretionary Cost of Living Adjustments. To the extent that the annual cost of living adjustments provided by subsection (b) hereof are less than the annual change in the cost of living as determined in subsection (a) hereof, the Council may grant discretionary cost of living adjustments, in addition to the annual cost of living adjustments provided by subsection (b) hereof, subject to the following conditions and requirements: (1) No More Than Every Three Years. Discretionary adjustments may not be provided more frequently than once every three years, counting from the date the last discretionary adjustment became effective. (2) Limit of Adjustments. Discretionary adjustments shall not exceed one-half of the difference between the percentage of the annual increases in the cost of living, as determined pursuant to the provisions of subsection (a) of this section, and the annual adjustments made pursuant to subsection (b) of this section for each of the preceding three years. Discretionary adjustments shall be allocated to each of the three years for which an adjustment is made. The adjustment may not exceed the percentage available in the retiree s COLA bank and upon application the additional percentage will be withdrawn from the retiree s COLA bank. (3) Pensions Eligible for Adjustment. Discretionary adjustments herein provided shall be applied to pensions granted pursuant to Sections , , and subject to the following limitations: If a pension became payable on or after the July 1 immediately preceding the effective date of such adjustment, it shall not be so adjusted; and any pension which shall have become payable at a time within the three year period (but prior to the immediately preceding July 1) shall be prorated on a monthly basis to the number of completed months for which the pension was received, provided that pensions paid pursuant to Section (a)(3), (4) or (5), Section (c), (e) or (f), Section (a) (3), (4) or (5), (a) (7)(a), (b) or (c) or (e) or (f) shall be adjusted by basing eligibility on the date upon which the Retired Plan Member s pension became effective. (4) Report to Council Prior to Adoption by Ordinance. Discretionary cost of living adjustments may be provided only by ordinance. Ordinances providing discretionary adjustments may not be finally adopted until the Council has first obtained and published a report from the actuary or actuaries of the Fire and Police Pension Plan Tier 5 indicating the present value of the liabilities that will be created by the proposed discretionary

307 adjustment. This report must identify the annual funding cost of amortizing this liability over a 30 year period utilizing the funding procedure adopted by the Board. (5) Vote by Council. Ordinances adopted pursuant to this subsection must be by not less than two-thirds of the membership of the Council, subject to the veto of the Mayor and re-adoption by the Council by not less than three-fourths of the membership of Council. No such ordinance may be finally adopted by the Council until the expiration of at least 30 days after its first presentation to the Council, nor until after a public hearing has been held thereon. Ordinances adopted pursuant to this subsection, shall be published no later than November 30 and shall become effective January 1. (6) Prospective Application. All adjustments provided in this subsection are to be applied prospectively only and shall not be understood to permit retroactive adjustments of pensions. Added by Ord. No. 174,367, Eff Sec Provision of Certain Subsidy Payments by Ordinance. (a) Purpose of this Section. It is the purpose of this section to enable the Council to provide by ordinance a program or programs whereby persons receiving pensions pursuant to the provisions of this Tier 5 may become eligible to have subsidy payments made on their behalf for health insurance, accident insurance, life insurance or health care plan coverage or coverage for any combination of such programs as determined by the Council and subject to such conditions of entitlement as may be set forth in any ordinance adopted in accordance with the provisions of this section. (b) Mode of Adoption of Ordinance. Ordinances adopted pursuant to this section must be approved by not less than two-thirds of the membership of the Council, subject to the veto of the Mayor and readoption by the Council by three-fourths of the membership of the Council. No such ordinance may be finally adopted by the Council until the expiration of at least 30 days after its first presentation to the Council, nor until after a public hearing has been held thereon. Any ordinance adopted pursuant to this section shall go into effect upon its publication, but the terms of such ordinance, or portions thereof, may be operative at a later date or dates. Council shall, prior to approval of the ordinance, be advised in writing by an enrolled actuary as to the cost of the proposed benefits. (c) The Council may establish by ordinance the maximum subsidy payments for beneficiaries under any programs established by the Council pursuant to subsection (a), including appropriate limitations for employees receiving subsidies from other City plans. (d) Administration of Subsidy Program. Any subsidy program adopted by ordinance pursuant to this section shall be administered by the Board. In furtherance thereof, the Board shall have the authority to contract for suitable programs as defined in subsection (a), to be made available to retired members or other beneficiaries, and shall have the power to adopt such rules as it deems necessary to administer such programs. Notwithstanding the foregoing provisions, the Board may authorize the Personnel Department to administer any program or part thereof established by ordinance pursuant to the provisions of this section, but the Board shall reimburse the General Fund of the City of Los Angeles for all necessary expenses incurred by the Personnel Department in administering these programs. (e) The Council may by ordinance authorize the Board to increase or decrease subsidy payments pursuant to factors, standards, and limitations prescribed in the ordinance. Added by Ord. No. 174,367, Eff Amended by: Subsecs. (c) and (e), Ord. No. 176,731, Eff Sec Compliance with Certain Internal Revenue Code Provisions. (a) Notwithstanding any other provisions of this Tier 5, the benefits payable to any person who became a Member of the Fire and Police Pension Plan prior to January 1, 1990, shall be subject to the greater of the following limitations: (1) The limitations set forth in Section 415 of the Internal Revenue Code; or (2) The accrued benefit of the Member determined without regard to any amendment to the Plan made after October 14, 1987, as provided in Section 415(b)(10)(A) of the Internal Revenue Code. (b) The benefits payable to any person who becomes a Member of the Fire and Police Pension Plan on or after January 1, 1990, shall be subject to the limitations set forth in Section 415 of the Internal Revenue Code. (c) section. The Council shall, by ordinance, provide such benefits as are necessary to preserve the level of benefits in effect prior to the effective date of this (d) Should it be determined that the provisions of any section of this Tier 5 violate the limitations of Section 415 or the incidental death benefit provisions of the Internal Revenue Code, such section shall be deemed inapplicable to the extent necessary to achieve compliance. The Council shall by ordinance, adopt such

308 measures as are necessary to achieve compliance and to preserve the level of benefits in effect prior to the effective date of this section. (e) Ordinances adopted pursuant to this section shall be adopted in the same manner as those authorized by Section , except however any Ordinances adopted shall be effective upon publication. (f) If any of the provisions of Section 415 of the Internal Revenue Code should be repealed, the provisions of this section shall be deemed repealed to the same extent. (g) All benefits provided pursuant to any ordinance adopted under the provisions of subsection (e) shall be administered by the Board. A separate and distinct fund or funds shall be created by the Board as required to administer such benefits. Such fund or funds shall not contain employee contributions. The Board shall also determine the manner of funding any liabilities incurred as a result of ordinances adopted pursuant to this section. Added by Ord. No. 174,367, Eff Sec Creation of Excess Benefit Plan. There is hereby created, established and adopted separate and apart from the Fire and Police Pension Plan, a plan entitled the Excess Benefit Plan to supplement the benefits of certain employees under Tier 5 of the Fire and Police Pension Plan to the extent such benefits are reduced by the limitations on benefits imposed by Section 415 of the Internal Revenue Code of 1986 as amended. (a) Eligibility. Those members of Tier 5 whose benefits at the time of payment are reduced by the limitation on benefits imposed by Section 415 of the Internal Revenue Code shall be participants of the Excess Benefit Plan. (b) Benefits. (1) The benefits which each participant shall be entitled to receive under the Excess Benefit Plan shall be the difference between the actual benefits of such Participant under Tier 5 and the benefits that would have been payable under Tier 5 except for the limitations on benefits imposed by Section 415 of the Internal Revenue Code. The benefits payable under the Excess Benefit Plan shall be payable to the participant or to any other person who is receiving or entitled to receive benefits with respect to the participant under Tier 5, and shall be paid in the same form, at the same time and for the same period as benefits are paid with respect to the Participant under Tier 5. (2) Notwithstanding the foregoing, the Board of Fire and Police Pension Commissioners in its discretion may elect to pay a benefit under this Excess Benefit Plan in a lump sum in the event that the actuarial equivalent present value of the benefit at the commencement of payment is $5,000 or less. (3) The Board and the City shall make appropriate arrangements to deduct from all amounts paid under the Excess Benefit Plan any taxes required to be withheld with respect to the Excess Benefit Plan by any government or governmental agency. (4) Except as otherwise provided in the Excess Benefit Plan, no right or benefit under the Excess Benefit Plan shall be subject to anticipation, alienation, sale, assignment, pledge, encumbrance or charge, and any attempt to anticipate, alienate, sell, assign, pledge, encumber or charge such right or benefit shall be void. No such right or benefit shall in any manner be liable for or subject to the debts, liabilities or torts of a participant or other benefit recipient. In addition, no right of a participant or other benefit recipient under the Excess Benefit Plan is transferable by inter vivos gift or testamentary disposition. (c) Administration. The Excess Benefit Plan shall be under the exclusive management and control of the Board of Fire and Police Pension Commissioners. The Board shall have and is hereby granted full power and authority to adopt and enforce all such rules and regulations as it may deem necessary for the carrying out of the provisions of this section. The Board shall have the right to construe the Excess Benefit Plan, to interpret any provision thereof, to make rules and regulations relating to the Excess Benefit Plan, and to determine any factual questions arising in connection with the Excess Benefit Plan s operation after such investigation or hearing as the Board may deem appropriate. Any decision made by the Board under the provisions of this ordinance shall be conclusive and binding on all parties concerned. (d) Funding. The Excess Benefit Plan shall be unfunded, and benefits under the Excess Benefit Plan shall be paid from the General Fund of the City of Los Angeles through an Excess Benefit Plan Fund hereby established for payment of administration expense and benefit payments, subject to the claims of the City s general creditors. No person other than the City shall by virtue of the provisions of the Plan have any interest in such amounts. Title to and beneficial ownership of any assets, whether cash or other investments, which the City may earmark to pay any amount under the excess Benefit Plan, shall at all times remain in the City, and the participants and any other persons entitled to benefits hereunder shall not have any property interest whatsoever in any specific assets of the City. The obligation of the City to make payments pursuant to the Excess Benefit Plan is contractual only. No participant or other person entitled to benefits hereunder shall have a preferred claim or lien on any assets of the City. (e) Budget. The Board of Fire and Police Pension Commissioners shall annually prepare and transmit to the Mayor and Controller a budget setting forth the estimated cost of maintaining the Excess Benefit Plan, which budget shall include therein:

309 (1) A sum equal to 125% of the projected benefit payments to be made in the budget year, offset by any residual sum budgeted in a previous year and not expended for a previous year s benefit payments. (2) A sum estimated to provide for administrative costs of the Excess Benefit Plan. (f) Amendment or Termination of the Excess Benefit Plan. The Council of the City of Los Angeles shall have the right to amend the Excess Benefit Plan with the exception of this section, or terminate the Excess Benefit Plan at any time. If the Excess Benefit Plan is terminated, the actuarial equivalent present value of any remaining benefits payable to a participant or other person, increased by an amount determined by the Board to permit approximately the same after-tax payout over time to participants as would have been realized in the absence of such termination, shall be paid in a lump sum 30 days after the termination of the Excess Benefit Plan. (g) Compliance with the Internal Revenue Code. It is the intention that this Excess Benefit Plan be a qualified governmental excess benefit arrangement within the meaning of Section 415(m) of the Internal Revenue Code, and may at any time be amended to comply with the Code requirements to maintain such qualification and status. This Excess Benefit Plan shall be deemed a portion of the Fire and Police Pension Plan solely to the extent required under, and within the meaning of, Section 415(m) of the Internal Revenue Code, and not for any other purpose. Added by Ord. No. 174,367, Eff Sec Compensation Limits. (a) For any individual who first became a member of the Fire and Police Pension Plan on or after July 1, 1996, the Final Average Salary taken into account to determine the benefits provided by Tier 5 of this Article shall not exceed the annual limit set forth in Section 401(a)(17) of the Internal Revenue Code and regulations thereunder for any Plan Year. This annual compensation limitation shall be adjusted automatically for each Plan Year to the amount prescribed by the Secretary of the Treasury or said Secretary s delegate. (b) If any of the limitations of Section 401(a)(17) should be repealed, the provisions of this section shall be deemed repealed to the same extent. Added by Ord. No. 174,367, Eff Sec Council Authority to Maintain Tax-Qualified Status of Plan. The Council may, by ordinance, amend the Fire and Police Pension Plan Tier 5 to incorporate provisions of federal laws and regulations required to maintain the tax-qualified status of the Fire and Police Pension Plan Tier 5. The Council also may enact ordinances to modify or repeal such provisions. Ordinances adopted pursuant to this section shall be adopted in accordance with Section It is the intent of this section to facilitate compliance with the provisions of federal laws affecting the Fire and Police Pension Plan Tier 5. Added by Ord. No. 174,367, Eff Sec Miscellaneous Provisions. Notwithstanding any other provision of this Tier 5, the provisions of this section shall be controlling to the extent there is a conflict with another provision. (a) Service or Disability Pensions for Former Tier 5 Plan Members. Any former Tier 5 Plan Member who shall believe that he or she is eligible to be paid a pension pursuant to Section or of this Tier 5, may file his or her written application for the payment of a pension pursuant to either one of the sections within the time prescribed for the filing thereof by any applicable provision of law, and the Board, if it were to determine that the contingencies provided in this Tier 5 for the payment thereof had happened or occurred as to such former Tier 5 Plan Member and if there is no legal bar or defense to the granting to him or her of such pension or to any judicial action or proceeding which could be brought by him or her with respect thereto, shall grant him or her the pension in accordance with his or her written application. (b) Adoption of Board Rules to Comply with Federal or State Law. If at any time after January 1, 2002, federal or state law should become preemptive or controlling with respect to the provisions of this Tier 5, the Board shall have the power to adopt such rules as may be necessary to comply with such federal or state law. Such rules shall be adopted upon the advice and with the concurrence of the City Attorney. (c) with pay: Payroll Deductions and Years of Service Credit for Overtime. Whenever a Plan Member, for overtime work, shall take a period of time off

310 (1) a deduction for pension purposes shall be made from such pay but only in the same amount as that which would have been deducted from his or her salary if such period had been one of regular work; and (2) such period shall be part of his or her Years of Service. Whenever a Plan Member, for overtime work, shall receive a cash payment: (1) a deduction for pension purposes shall not be made from such payment; and (2) the period of overtime work for which he or she shall receive such payment shall not be part of his or her Years of Service. (d) (e) Section left blank intentionally. Recall to Active Duty. (1) Rules for Recall to Active Duty. The Appointing Authority of the department shall promulgate rules and set standards and he or she may deem to be necessary or desirable with respect to recalling a retired member to active duty. (2) Conditions for Recall to Active Duty. A retired member, whenever retired, shall be eligible to be recalled to active duty in the department from which he or she retired only upon the following conditions: (A) Service Retirement and Former Rank. That his or her original retirement has been pursuant to Section and had been from the Fire Department while holding a rank lower than Fire Chief or from the Police Department while holding a rank lower than Chief of Police or from the Harbor Department while holding a rank lower than Port Warden. and (B) (C) Certification. That he or she had certified, in writing, that he or she had read and understands the provision of this subsection; Consent to Recall. That he or she voluntarily consented to be recalled to active duty. (3) Limitations on Recall. The Appointing Authority may recall a retired member to active duty: (A) retirement. (B) Rank at Retirement. Only in or to a vacant position in the rank held by him or her at the effective date of his or her original 90 Day Limit. For not to exceed 90 days in any one calendar year; and (C) Status Defined in the Section. The salary, benefits and other terms and conditions of employment of any recalled member shall be provided under Subdivisions (e)(5) and (e)(6) of this subsection. (4) No Recall of Police Exceeding 12 Months Without Loss of Pension. Recall of retired members of the Police Department may be approved for a period in excess of 90 days but not for more than 12 consecutive months, without loss of pension, in which case the salary, benefits and other terms and conditions of employment for the recalled police officers shall be established by ordinance. (5) Status of Recalled Members. A retired member if he or she were to be recalled to active duty, thereafter shall be known as a "recalled member" and as such: (A) time; (B) His or her recall to active duty shall be a privilege only and the Appointing Authority may terminate his or her service at any His or her pension shall be paid during the period of his or her recall to active duty; (C) He or she shall be paid the salary provided for his or her rank and the longevity pay or merit pay provided for his or her aggregate years of service prior to the effective date of his or her original retirement; (D) He or she shall have no deductions made for pension purposes, pursuant to Section relating to Member Contributions- Tier 5, from his or her salary and longevity pay or merit pay; and (E) He or she, the surviving spouse or domestic partner, minor child or children or dependent parent or parents never shall be entitled to any pension benefits provided by this Tier by reason of his or her service as a recalled member. (6) Tier 5 Construed with Recalled Member Rules. The provisions of this Tier 5 shall be construed and applied, as to a recalled member, his or her surviving spouse or domestic partner, minor child or children and dependent parent or parents, in accordance with respective applicable

311 provisions of subdivision (e)(5) of this subsection. (f) Return to Active Duty. (1) Conditions for Return to Active Duty. A retired member of Tier 5 may file, with the Appointing Authority of the department from which he or she retired, a written application to be returned to active duty only upon the conditions: (A) Service Retirement and Former Rank. That his or her original retirement had been pursuant to Section on a service pension and had been from the employing department while holding a rank no higher than Engineer or Sergeant; and (B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of his or her original retirement had been no longer than three years and he or she was under the age of 55 years, except that a retired member whose three year period expires between January 1, 2004, and the effective date of the ordinance implementing these return to work provisions shall be eligible to file an application to return to duty no later than March 31, 2006; and (C) DROP Participation. That he or she did not participate in the Deferred Retirement Option Plan (DROP). DROP participants are ineligible for reactivation. (2) Subsequent Conditions for Return to Active Duty. The Appointing Authority may approve any application only upon the conditions that, after the filing date, the retired member: (A) Medical Exam. Had passed a medical examination from which it had been determined that he or she would be capable of performing the duties that would be assigned to him or her if he or she were to be returned to active duty subject to approval by the Board; and (B) Certification. Had certified, in writing, that he or she read and understood the provisions of this section. (3) Return to Rank at Original Retirement. The Appointing Authority, if he or she were to approve the application, may return the retired member to active duty only in or to a vacant position in the rank held by him or her at the effective date of his or her original retirement. (4) Status of a Reactivated Member of Tier 5. A retired member returned to active duty shall thereafter be known as a "reactivated member" of Tier 5 and, as such: (A) Privilege, Not an Appointment. His or her return to active duty shall be a privilege only and he or she shall be on probation for one year from and after the effective date of the return regardless of any other provision of law contained in the Charter or otherwise, and the Appointing Authority may terminate his or her service at any time during that year; (B) Original Pension Terminated. His or her pension, granted by reason of his or her original retirement, shall be terminated by the Board as of the effective date of his or her return to active duty; (C) Method of Calculating Years of Service. His or her service after the effective date of his or her return to active duty, for the purposes of Tier 5 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only: (i) (ii) (iii) days for which he or shall be paid for performing his or her assigned duties; his or her days of vacation with pay; and his or her regular days off duty with pay; and one year of this service shall consist of a total of 365 days; (D) Years of Service for Purposes of Civil Service and Related Purposes. His or her aggregate years of service, for the purposes of his or her eligibility to advancement in accordance with civil service rules and regulations and the payment of his or her salary and longevity pay or other additional pay, shall consist of only his or her years of sworn service prior to the effective date of his or her original retirement and his or her service after the effective date of his or her return to active duty; (E) Years of Service for Purposes of Tier 5. His or her aggregate years of service, for the purposes of Tier 5 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only the years of service for which he or she received credit in his or her original retirement and his or her service subsequent to the effective date of his or her return to active duty, provided, however, that this subsequent service shall be for not less than one year as defined in Subsection (f)(4)(c) of this section; (F) Salary, Longevity, and Other Additional Pay. He or she shall be assumed to have a satisfactory standard of service and shall be paid the salary provided for his or her rank and the longevity pay or other additional pay provided for his or her aggregate years of service, subject, however, to all applicable provisions of any collective bargaining agreement (Memorandum of Understanding) and of the Los

312 Angeles Administrative Code; (G) Payroll Deduction. He or she shall contribute to the Fire and Police Pension Plan--Tier 5 as provided in Section ; (H) Prohibition of Nonservice-Connected Disability Pensions. He or she shall never be entitled to a subsequent retirement pursuant to Section (b) relating to Nonservice-Connected Disability Pensions and his or her surviving spouse or domestic partner, his minor child or children or dependent child or children (for ease of reference all children, both minor and dependent, singular and plural, are hereafter referred to in this section as "child") or dependent parent or parents (referred to in this section as "dependent parent") never shall be granted a pension as provided in, or based upon, Section (a)(5) or (a)(5); (I) Allowance of Service-Connected Disability Pensions. He or she shall be entitled to retire on a service-connected disability pension pursuant to Section (a) if he or she were to become eligible therefore; upon his or her death subsequent to retirement on a service-connected disability pension, a pension shall be granted to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent as provided in, or based upon, Section (a)(4) or (a)(4), as applicable; (J) Allowance of Service-Connected Survivor Pension. His or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be granted a Service-Connected Survivor Pension as provided in, or based upon, Section (a)(1) or (a)(1), as applicable, or, if eligible therefore, may elect the Section (a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation; (K) Allowance of Survivor Pension Upon Death of Reactivated Member. His or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty date and prior to the date of death) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty effective date and prior to the date of death) or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be granted a survivorship pension as provided in, or based upon, Section (a)(2) or (a)(2), as applicable, or, if eligible therefore, may elect the Section (a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation; (L) Reinstatement of Original Pension. His or her pension, granted by reason of his original retirement, if his or her service were to be terminated during the one year from and after the effective date of his or her return to active duty for any reason other than by reason of his or her subsequent retirement pursuant to Section (a) on a service-connected disability pension, shall be reinstated by the Board, as of the effective date of the termination of his or her service, at the amount of pension that then would have been payable to him or her if he or she had not returned to active duty and, upon his or her death, the pension that shall be granted pursuant to Section (a)(3) or (a)(3), as applicable, to his or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement) or child or dependent parent shall be calculated upon the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement; (M) Retirement as Reactivated Member. One year after the effective date of his or her return to active duty, he or she shall be entitled to retire on a service pension pursuant to Section based upon his or her aggregate years of service as defined in Subsection (f)(4)(e) and his or her pension shall be calculated upon a sum equal to the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement (hereinafter referred to as "such base"), plus a percentage of the difference between such base and that which, if he or she had not had his original retirement, would have been his or her Final Average Salary as of the effective date of his or her subsequent retirement, for his or her years of service subsequent to the effective date of his or her return to active duty as defined in Subsection (f)(4)(c), so that this sum shall be such base plus: (i) (ii) (iii) (iv) 20% of the difference for one year; 40% of the difference for two years; 60% of the difference for three years; 80% of the difference for four years; and (v) 100% of the difference for five or more years or the equivalent of his or her Final Average Salary as of the effective date of his or her subsequent retirement; and upon his or her death, if he or she previously had had a subsequent retirement, the pension that shall be granted as provided in, or based upon, Section (a)(3) or (a)(3), as applicable, to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, shall be calculated upon the sum upon which his or her pension had been calculated as of the effective date of his or her

313 subsequent retirement; (N) Eligibility for DROP. A reactivated member shall not be eligible to participate in any available Deferred Retirement Option Plan (DROP) until three years following his or her return to duty; (O) Refund of Contributions Upon Termination. A reactivated member shall not be entitled to a refund of any contributions made prior to reactivation; and (P) Optional Pension Election. If a reactivated member is reinstated to active duty after electing to receive the optional pension provided in Section (b), the election to receive the optional pension shall be deemed cancelled as of the effective date of the reinstatement provided, however, that if his or her original pension is reinstated pursuant to Subsection (f)(4)(l), then the election to receive the optional pension shall likewise be reinstated. Unless a reactivated member's subsequent retirement is governed by Subsection (f)(4)(l), he or she may make any election authorized pursuant to Section (b). (5) Applicability of Tier 5 to Reactivated Members. The provisions of Tier 5 shall be construed and applied, as to a reactivated member and to his or her surviving spouse, domestic partner, child, and dependent parent, in accordance with the respectively applicable provisions of Subsection (f)(4) of this section. Added by Ord. No. 174,367, Eff Amended by: Subsec. (f) added, Ord. No. 177,116, Eff ; Subsec. (e), Ord. No. 177,214, Eff Sec Social Security Participation. (a) Implementation Procedure for Social Security Participation. Should Social Security participation be mandated or made available to Plan Members by Federal legislation amending the Social Security Act or by action taken by the City or by Plan Members as provided by law, the following provisions shall govern the manner in which such participation by Plan Members is to be implemented and the limitations hereinafter set forth shall be controlling unless Federal law is contrary to these provisions, is in conflict therewith and is clearly intended to be preemptive. Should applicable provisions of Federal law in any respect differ from the provisions contained in this section and should they be determined to be preemptive as to any part thereof, then and in that event, those provisions of this section not affected by such Federal law shall remain in full force and effect. (b) Council Authority to Coordinate Benefits and Contributions. As to the rights and entitlement to benefits of Plan Members participating in such Social Security coverage, the Council shall have the power and authority, subject to the veto of the Mayor, to adopt ordinances modifying the benefits and conditions of entitlement provided in this Tier 5, including adjustments of Plan Member contributions to the Fire and Police Pension Plan Tier 5 as hereinafter more specifically provided and subject to the limitations stated herein. (c) Supermajority Vote Required. Ordinances adopted pursuant to this section must be approved by not less than two-thirds of the membership of the Council, subject to the veto of the Mayor and re-adoption by the Council by a vote of not less than three-fourths of the membership of Council. No such ordinance may be finally adopted by the Council until the expiration of at least 30 days after its first presentation to the Council, nor until after a public hearing has been held thereon. Any ordinance adopted pursuant to this section shall go into effect upon publication. (d) Integration of Social Security and Pension Plan. Any participation in Social Security coverage shall be by integration with the benefits provided by this Tier 5 and shall not be in addition to the benefits provided in the Fire and Police Pension Plan Tier 5. Integration is to be defined in harmony with the provisions of the Social Security Act and must be in substantial compliance with the rules and regulations governing said Act. Benefits provided by an integrated system must be at least equal to the benefits offered by the Fire and Police Pension Plan Tier 5 prior to such integration. The level of integration may be periodically adjusted by the Mayor and Council to ensure an adequate level of integration. (e) Minimum Plan Member Contributions. Plan Members participating in Social Security shall have their contributions to the Fire and Police Pension Plan Tier 5 reduced but Plan Members must contribute at least 2% of salaries to the integrated Fire and Police Pension Plan Tier 5. Added by Ord. No. 174,367, Eff CHAPTER 21 DEFERRED RETIREMENT OPTION PLAN Section Purpose and Duration.

314 Eligibility, Duration of DROP Participation, and Waiver DROP Benefits and Accounts Additional DROP Provisions Designation of Beneficiary Termination of DROP Participation Payment of Benefits Compliance with Applicable Provisions of the Internal Revenue Code Employment Status During DROP Participation Authority of the Board. Sec Purpose and Duration. (a) Pursuant to Charter Section 1218, a deferred retirement option plan (DROP) is created and offered to members of the Fire and Police Pension Plan on a voluntary basis. DROP is an alternative method of benefit accrual in the Retirement System as set forth in this chapter. (b) DROP is created to add flexibility to the Fire and Police Pension Plan. It provides members who elect to participate in the program access to a lump sum benefit in addition to their normal monthly retirement allowance at their actual retirement, which occurs when employment as a sworn member with the City is terminated. DROP is intended to be cost neutral regarding plan funding. (c) The City reserves the right to suspend the right of members to enter the DROP program and to modify the program for future entrants as necessary to maintain cost neutrality and/or to meet the City's DROP goals of retaining and lengthening the careers of sworn personnel with the Police Department, Fire Department and Harbor Department. Any amendments to DROP enacted in accordance with this subsection will only affect those persons who enter DROP after the date the changes become effective. The City has the right to complete an actuarial study of DROP in order to evaluate whether DROP continues to be cost neutral and to review DROP to determine whether DROP is meeting the City's DROP goals. An actuarial study and review of the City's DROP goals shall be completed by the City at least every five years or more often. If the City determines changes to DROP are needed based on this review, the appropriate labor organizations shall meet and confer with the City immediately upon demand. Once the City and the labor organizations reach agreement, DROP shall forthwith be amended in accord with that agreement unless no changes to DROP are required. If the City and the labor organizations do not agree upon changes to DROP within 180 days of the date of the City's demand, then the City Administrative Officer shall so notify the Fire and Police Pension Plan in writing. However, if the City and the involved labor organizations mutually agree to extend negotiations for an additional period of time, not to exceed 180 days, then the City Administrative Officer shall not provide this notice to the Fire and Police Pension Plan until the additional time has expired without the parties reaching agreement. Upon receipt of this written notice from the City Administrative Officer, the Fire and Police Pension Plan shall no longer allow members to enter DROP until the effective date of an ordinance enacted by the City Council amending DROP to maintain cost neutrality and otherwise meet the City's DROP goals or until the City Administrative Officer notifies the Fire and Police Pension Plan in writing that the City has determined that no modifications to DROP are necessary at that time. Chapter and Section Added by Ord. No. 174,540, Eff Amended by: Subsec. (d) added, Ord. No. 177,900, Eff ; Subsec. (d), Ord. No. 179,750, Eff ; Subsec. (c) amended and Subsec. (d) deleted, Ord. No. 180,322, Eff Sec Eligibility, Duration of DROP Participation, and Waiver. (a) All members of the Fire and Police Pension Plan, including the Chief of Police, Chief Engineer of the Fire Department and Port Warden if they are members of the Plan, are eligible to enter DROP no later than April 30, 2007, if they meet all other requirements. As of May 1, 2007, all members of the Fire and Police Pension Plan, except for the Chief of Police and the Chief Engineer of the Fire Department, are eligible to enter DROP if they meet all other requirements. (b) In order to enter DROP, members must be eligible for an unreduced retirement in one of the pension tiers and meet the following minimum criteria: Tier 2: 25 years of service Tier 3: 25 years of service and age 50 Tier 4: 25 years of service Tier 5: 25 years of service and age 50. Effective November 1, 2008, a member must also be on active duty status on the DROP entry date. For purposes of this provision active duty status shall include members working on light-duty status, but exclude members on sick, vacation, injured-on-duty, administrative leave, and all other types of non-working status. The City Administrative Officer shall have the authority to determine which payroll codes constitute active duty status for purposes of this provision and

315 shall notify the Board accordingly. Pursuant to Section of this Chapter, the Board has the authority to adopt rules and regulations to verify duty status for purposes of this provision. (c) Any member who elects to participate in DROP shall voluntarily and irrevocably: (1) Determine a beginning date upon which to enter DROP, consistent with the rules set forth by the Board of Fire and Police Pension Commissioners ( Board ) and agree to terminate employment as a sworn member with the City of Los Angeles on the last day of their participation in DROP. DROP participation however may not be backdated. Members may stay in DROP for a maximum of 5 years (60 months) regardless of when they enter DROP. In no event shall a member be permitted to stay in DROP more than 60 months after the first day of participation in DROP. (2) Cease, from and after the date the member begins participating in DROP, to accrue additional retirement benefits, either through service accruals, future pay increases, active cost of living adjustments or promotions. (3) Agree the member s service retirement formula, including years of service and pension base, and all other eligibility conditions, including eligibility for survivor benefits, will be frozen at the time the member enters DROP. (a) pension. Tier 2 Members shall purchase Lost Service Time prior to entering DROP in order for that time to be counted toward the service (b) Tier 3, 4 and 5 Members shall purchase eligible State Rate Workers Compensation Time, Prior Service Time, and Academy Time prior to entering DROP in order for that time to be counted toward the service pension. (4) Have an amount equal to 100% of the service retirement benefit the member would have received if he/she had retired at the time of entering DROP placed in a nominal account ( DROP account ). (5) Receive benefits from the Fire and Police Pension Plan upon termination of City employment as a sworn member of the Fire or Police Department at the time and in the manner provided in this Chapter. (6) Execute such waivers with respect to age and other discrimination in employment laws as are required by the City and the Fire and Police Pension Plan. (d) Notwithstanding any other provision of this chapter, a member who has elected to participate in DROP and subsequently, while still participating in DROP, is appointed to the position of Chief Engineer of the Fire Department or Chief of Police shall be allowed to rescind that election in writing subject to the following: (1) The member shall forfeit his or her entire DROP account. (2) The member shall not be eligible to participate in DROP in the future. (3) The member s service and benefits under the Plan shall be determined the same as if the member had never elected to participate in DROP. (4) The member shall not have the right to elect to become a member of the Los Angeles City Employees Retirement System pursuant to Section (j), or otherwise, but shall remain a member of the Plan for so long as the member is employed as Chief Engineer of the Fire Department or Chief of Police. Added by Ord. No. 174,540, Eff Amended by: Subsec. (a), Ord. No. 177,900, Eff ; Subsec. (a), Ord. No. 178,656, Eff ; Subsec. (d) added, Ord. No. 179,987, Eff ; Last Para. of Subsec. (b) added, Ord. No. 180,322, Eff Sec DROP Benefits and Accounts. (a) A DROP account is a nominal account established within the Fire and Police Pension Plan on behalf of each DROP participant. All benefits accrued pursuant to this Chapter shall be accounted for in the DROP account. A DROP participant shall not have a claim on the assets of the Fire and Police Pension Plan with respect to his or her DROP account, nor shall there be any assets set aside for any DROP participant, which are separate from all other Pension Plan assets. (b) (c) All amounts credited to the member s DROP account shall be fully vested. A member s DROP account shall be credited with: (1) an amount, credited monthly, which is equal to the monthly service pension to which the member would be entitled using the formula in the Tier in which the member is enrolled on the effective date of the member s entry into DROP. (2) a cost of living adjustment (COLA) each year equal to the amount prescribed in the Charter for the Tier to which the member belongs but not to

316 exceed three percent (3%). Tier 5 members are eligible to use their COLA banks while in DROP. (3) interest in the amount of five percent (5%) annually. Interest will be credited to member DROP accounts semi-annually on the dates specified by the Board. No interest shall accrue after a member terminates DROP participation. (d) Until a member actually terminates employment as a sworn member of the City of Los Angeles Fire Department or Police Department or Harbor Department, no money shall be paid to any persons from the DROP account. After the member terminates employment, the DROP account shall be subject to court orders in the same manner as the monthly service pension entitlement and according to the terms of the court order. Added by Ord. No. 174,540, Eff Amended by: Subsec. (d), Ord. No. 177,214, Eff Sec Additional DROP Provisions. (a) Member contributions shall continue as usual while the member participates in DROP at the rates specified as follows: Tier 2 = 6% or 7%, as specified in Charter Section 1420(b); Tier 3 = 8%; Tier 4 = 8%; and Tier 5 = 8% or 9%, as specified in Charter Section 1222(b)(3) and Administrative Code Section Member contributions, however, shall cease when the member would have become eligible for the maximum service retirement formula established by the member s Tier. (b) Member contributions will be deposited into and become part of the general assets of the Fire and Police Pension Plan. Member contributions will not be deposited into nor become part of the member s DROP account. (c) The City will continue to make the annual contributions to the Plan under the Charter. These contributions will be deposited into and become part of the general assets of the Pension Plan. No City contributions will be credited to the member s DROP account. (d) After a member retires and simultaneously leaves DROP, the member will thereafter receive a monthly service pension benefit based upon the years of service and pension base at the time of entry into DROP and COLAs granted while in DROP, plus future COLAs according to the member s Tier. (e) A member who participates in DROP and who elects to apply for and is granted a disability pension after entering DROP shall forfeit his or her entire DROP account and receive his or her disability pension benefits as if the member had never entered DROP. Members waive any right to apply for or be granted a disability pension once they have taken distribution of their DROP account. (f) Members on IOD status at the conclusion of the DROP period must leave DROP at the end of their DROP period but are permitted to continue on IOD status with their Department. Those members are not eligible to receive distribution of their DROP account until their retirement status is determined. If the member takes a disability retirement, the member shall forfeit his or her DROP account. If the member elects to take a service retirement and distribution of his or her DROP account, the member shall be required to repay any IOD pay earned after the last day of the member s participation in DROP. (g) In the event of a member s service connected death during the period of his or her DROP participation, the member s surviving spouse or domestic partner shall have the right to elect to forfeit the member s DROP account and collect survivorship benefits as if the member had never entered DROP, provided that the election must be made no later than 180 days following the member s death. For all other deaths occurring while a member is participating in DROP, the normal post-retirement continuance benefits of the member s Tier will be available plus the proceeds of the member s DROP account. (h) A member must be married or have a domestic partnership affidavit on file with the Fire and Police Pension Plan for at least one year prior to his or her entrance into DROP for his or her surviving spouse to be eligible for qualified surviving spouse/qualified domestic partner pension benefits. (i) Members of Tiers 2, 3, 4, and 5, by entering DROP, are not eligible to be reactivated as set forth in Charter Section 1306 and Los Angeles Administrative Code Sections and Added by Ord. No. 174,540, Eff Amended by: Subsec. (i), Ord. No. 177,900, Eff Sec Designation of Beneficiary. (a) Subject to Subsection (c) and Section (h), a member who elects to participate in DROP shall designate in writing, at the time of entry into DROP, a beneficiary for the DROP account. The member may change the designation at any time prior to taking the distribution of the DROP account. The member s beneficiary designation shall be applicable only to the distribution pursuant to provisions of this chapter. (b) If the designated beneficiary predeceases a DROP participant who then dies before designating a new beneficiary, all distributions pursuant to this chapter shall be made to the estate of the DROP participant.

317 (c) Notwithstanding the above provisions, a member s community property obligations under applicable California law will not be affected by the beneficiary designation. Added by Ord. No. 174,540, Eff Sec Termination of DROP Participation. (a) DROP participation shall be terminated by the first occurrence of any one of the following events: (1) upon the member s completion of the DROP participation period. The member may choose to leave DROP at any time during the 60 month period. (2) involuntary termination of employment. At the member s request, distribution of the DROP account will be withheld while the appeal of the member s discharge is pending. Should the member be reinstated, the member may continue to participate in DROP if the account has been withheld. The period of DROP participation will continue under the terms of the original application. (3) death of the member. (4) approval of disability retirement benefits under the terms of this chapter. (b) No interest shall accrue after any one of the events set forth in Subsection (a) terminating DROP. Added by Ord. No. 174,540, Eff Sec Payment of Benefits. (a) Upon the simultaneous termination of DROP participation and employment as a sworn member of the City's Fire Department or Police Department or Harbor Department, a member shall be entitled to receive: (1) a monthly retirement allowance in the amount determined under the Charter that was credited monthly to the member s DROP account at the date of termination of DROP participation, including any applicable COLA; and (2) all amounts credited to the member s DROP account on the effective date of termination of DROP participation, subject to applicable taxes and any domestic relations court orders regarding community property distributions. (b) The form of payment from the DROP account shall be a lump sum distribution. Members may also elect a direct rollover of the proceeds in their DROP account to an eligible retirement plan pursuant to Section (b)(4). The Board shall set forth the rules regulating the distribution of the DROP account, including the time period within which the distribution must be taken. Added by Ord. No. 174,540, Eff Amended by: First Para. of Subsec. (a), Ord. No. 177,214, Eff Sec Compliance with Applicable Provisions of the Internal Revenue Code. (a) It is intended that DROP shall not jeopardize in any way the tax qualified status of the Fire and Police Pension Plan under the rules and regulations of the Internal Revenue Service. The Board shall have the authority pursuant to Section to adopt rules and regulations to the extent necessary or appropriate for DROP to maintain compliance with applicable Federal laws and regulations. These rules shall be adopted upon the advice and with the concurrence of the City Attorney. (b) Notwithstanding any other provision in this chapter, benefits provided pursuant to this chapter shall be subject to the requirements of the Internal Revenue Code (Code) and regulations issued thereunder as necessary for the Retirement System to remain a tax qualified retirement plan, including, but not limited to, the following: (1) The limitations of Section 415 of the Code relating to the amount of benefits that can be paid.

318 (2) The limitations of Section 401(a)(17) of the Code relating to the amount of compensation that can be taken into account for benefit accrual. (3) The limitations of Section 401(a)(9) relating to the time that benefit payments must begin. (4) The limitations of Section 401(a)(31) relating to the rollover of benefits. (5) The limitations of Section 401(a)(25) relating to definitely determinable benefits. Added by Ord. No. 174,540, Eff Sec Employment Status during DROP Participation. For all other purposes, a member who elects to participate in DROP shall have all of the rights, privileges, and benefits, including health benefits, and be subject to all other terms and conditions of active employment in their respective Department. Added by Ord. No. 174,540, Eff Sec Authority of the Board. In addition to the authority granted elsewhere in this chapter, the Board shall have the authority to adopt rules and regulations to the extent necessary or appropriate to administer DROP in accordance with the provisions of this chapter. Added by Ord. No. 174,540, Eff CHAPTER 22 MISCELLANEOUS FIRE AND POLICE PENSION PLAN PROVISIONS Section Return to Active Duty Provisions for Tiers 3 and Provisions Governing the Recall to Active Duty of Police for Periods Exceeding 90 Days Establishment and Termination of Domestic Partnerships Survivorship Benefits for Qualified Surviving Domestic Partners Reactivation of Surviving Spouse Benefits Length of Service Pay, Special Pay, Hazard Pay, and Assignment Pay - Adoption of Collective Bargaining Agreements Public Service Purchase (PSP) Program. Sec Return to Active Duty Provisions for Tiers 3 and 4. (a) Return to Active Duty Provisions for Tier 3. (1) Conditions for Return to Active Duty. A retired member of Tier 3 may file, with the Chief of the department from which he or she retired, a written application to be returned to active duty only upon the conditions: (A) Service Retirement and Former Rank. That his or her original retirement had been pursuant to Charter Section 1504 on a service pension and had been from the Fire Department while holding a rank no higher than Engineer or from the Police Department while holding a rank no higher than Sergeant; and (B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of his or her original retirement had been no longer than three years and he or she is under the age of 55 years, except that a retired member whose three year period expires between January 1, 2004, and the effective date of the ordinance implementing these return to work provisions shall be eligible to file an application to return to duty no later than March 31, 2006; and

319 (C) DROP Participation. That he or she did not participate in the Deferred Retirement Option Plan (DROP). DROP participants are ineligible for reactivation. (2) Subsequent Conditions for Return to Active Duty. The Chief may approve any application only upon the conditions that, after the filing date of the application, the retired member: (A) Medical Exam. Had passed a medical examination from which it had been determined that he or she would be capable of performing the duties that would be assigned to him or her if he or she were to be returned to active duty subject to approval by the Board; and (B) Certification. Had certified, in writing, that he or she read and understood the provisions of this section. (3) Return to Rank at Original Retirement. The Chief, if he or she were to approve the application, may return the retired member to active duty only in or to a vacant position in the rank held by him or her at the effective date of his or her original retirement. (4) Status of a Reactivated Member of Tier 3. A retired member returned to active duty shall thereafter be known as a "reactivated member" of Tier 3 and, as such: (A) Privilege, Not an Appointment. His or her return to active duty shall be a privilege only and he or she shall be on probation for one year from and after the effective date of the return regardless of any other provision of law contained in the Charter or otherwise, and the Chief may terminate his or her service at any time during that year; (B) Original Pension Terminated. His or her pension, granted by reason of his or her original retirement, shall be terminated by the Board as of the effective date of his or her return to active duty; (C) Method of Calculating Years of Service. His or her service after the effective date of his or her return to active duty, for the purposes of Tier 3 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only: (i) (ii) (iii) days for which he or she shall be paid for performing his or her assigned duties, his or her days of vacation with pay, and his or her regular days off duty with pay, and one year of this service shall consist of a total of 365 days; (D) Years of Service for Purposes of Civil Service and Related Purposes. His or her aggregate years of service, for the purposes of his or her eligibility to advancement in accordance with civil service rules and regulations and the payment of his or her salary and longevity pay or other additional pay, shall consist of only his or her years of sworn service prior to the effective date of his or her original retirement and his or her service after the effective date of his or her return to active duty; (E) Years of Service for Purposes of Tier 3. His or her aggregate years of service, for the purposes of Tier 3 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only the years of service for which he or she received credit in his or her original retirement and his or her service subsequent to the effective date of his or her return to active duty, provided, however, that the subsequent service shall be for not less than one year as defined in Subsection (a)(4)(c) of this section; (F) Salary, Longevity, & Other Additional Pay. He or she shall be assumed to have a satisfactory standard of service and shall be paid the salary provided for his or her rank and the longevity pay or other additional pay provided for his or her aggregate years of service, subject, however, to all applicable provisions of any collective bargaining agreement (Memorandum of Understanding) and of the Los Angeles Administrative Code (LAAC); (G) Payroll Deduction. He or she shall contribute to the Fire and Police Pension Plan Tier 3 as provided in Charter Section 1514; (H) Prohibition of Nonservice-Connected Disability Pensions. He or she shall never be entitled to a subsequent retirement pursuant to Charter Section 1506(b) relating to Nonservice-Connected Disability Pensions and his or her surviving spouse or domestic partner, his minor child or children or dependent child or children (for ease of reference all children, both minor and dependent, singular and plural, are hereafter referred to in this section as "child") or dependent parent or parents (referred to in this section as "dependent parent") never shall be granted a pension as provided in, or based upon, Charter Section 1508(a)(5); (I) Allowance of Service-Connected Disability Pensions. He or she shall be entitled to retire on a service-connected disability pension pursuant to Charter Section 1506(a) if he or she were to become eligible therefore; upon his or her death subsequent to retirement on a serviceconnected disability pension, a pension shall be granted to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent as provided in, or based upon, Charter Section 1508(a)(4), as applicable; (J) Allowance of Service-Connected Survivor Pension. His or her Qualified Surviving Spouse or Qualified Domestic Partner or child or

320 dependent parent, if he or she were to die while a reactivated member by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be granted a Service-Connected Survivor Pension as provided in, or based upon, Charter Section 1508(a)(1), as applicable, or may elect the Charter Section 1508(a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation; (K) Allowance of Survivor Pension Upon Death of Reactivated Member. His or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty date and prior to the date of death) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty effective date and prior to the date of death) or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be granted a survivorship pension as provided in, or based upon, Charter Section 1508(a)(2), as applicable, or may elect the Charter Section 1508(a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation; (L) Reinstatement of Original Pension. His or her pension, granted by reason of his original retirement, if his or her service were to be terminated during the one year from and after the effective date of his or her return to active duty for any reason other than by reason of his or her subsequent retirement pursuant to Charter Section 1506(a) on a service-connected disability pension, shall be reinstated by the Board, as of the effective date of the termination of his or her service, at the amount of pension that then would have been payable to him or her if he or she had not returned to active duty. Upon his or her death, the pension that shall be granted pursuant to Charter Section 1508(a)(3) to his or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement) or child or dependent parent shall be calculated upon the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement; (M) Retirement as Reactivated Member. One year after the effective date of his or her return to active duty, he or she shall be entitled to retire on a service pension pursuant to Charter Section 1504 based upon his or her aggregate years of service as defined in LAAC Section (a)(4)(E) and his or her pension shall be calculated upon a sum equal to the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement (hereinafter referred to as "such base"), plus a percentage of the difference between such base and that which, if he or she had not had his original retirement, would have been his or her Final Average Salary as of the effective date of his or her subsequent retirement, for his or her years of service subsequent to the effective date of his or her return to active duty as defined in LAAC Section (a)(4)(C), so that this sum shall be such base plus: (i) (ii) (iii) (iv) 20% of the difference for one year; 40% of the difference for two years; 60% of the difference for three years; 80% of the difference for four years; and (v) 100% of the difference for five or more years or the equivalent of his or her Final Average Salary as of the effective date of his or her subsequent retirement; and upon his or her death, if he or she previously had had a subsequent retirement, the pension which shall be granted as provided in, or based upon, Charter Section 1508(a)(3), as applicable, to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, shall be calculated upon the sum upon which his or her pension had been calculated as of the effective date of his or her subsequent retirement; (N) Eligibility for DROP. A reactivated member shall not be eligible to participate in any available Deferred Retirement Option Plan (DROP) until three years following his or her return to duty; (O) Refund of Contributions Upon Termination. A reactivated member shall not be entitled to a refund of any contributions made prior to reactivation; and (P) Optional Pension Election. If a reactivated member is reinstated to active duty after electing to receive the optional pension provided in Charter Section 1508(b), the election to receive the optional pension shall be deemed cancelled as of the effective date of the reinstatement provided, however, that if his or her original pension is reinstated pursuant to LAAC Section (a)(4)(L), then the election to receive the optional pension shall likewise be reinstated. Unless a reactivated member's subsequent retirement is governed by LAAC Section (a)(4)(L), he or she may make any election authorized pursuant to Charter Section 1508(b). (5) Applicability of Tier 3 to Reactivated Members. The provisions of Tier 3 shall be construed and applied, as to a reactivated member and to his or her surviving spouse, domestic partner, child, and dependent parent, in accordance with the respectively applicable provisions of Subsection (a)(4) of this section. (b) Return to Active Duty Provisions for Tier 4.

321 (1) Conditions for Return to Active Duty. A retired member of Tier 4 may file, with the Chief of the department from which he or she retired, a written application to be returned to active duty only upon the conditions: (A) Service Retirement and Former Rank. That his or her original retirement had been pursuant to Section 1604 on a service pension and had been from the Fire Department while holding a rank no higher than Engineer or from the Police Department while holding a rank no higher than Sergeant; and (B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of his or her original retirement had been no longer than three years and he or she was under the age of 55 years, except that a retired member whose three year period expires between January 1, 2004, and the effective date of the ordinance, implementing these return to work provisions shall be eligible to file an application to return to duty no later than March 31, 2006; and (C) DROP Participation. That he or she did not participate in the Deferred Retirement Option Plan (DROP). DROP participants are ineligible for reactivation. (2) Subsequent Conditions for Return to Active Duty. The Chief may approve any application only upon the conditions that, after the filing date of the application, the retired member: (A) Medical Exam. Had passed a medical examination from which it had been determined that he or she would be capable of performing the duties that would be assigned to him or her if he or she were to be returned to active duty subject to approval by the Board; and (B) Certification. Had certified, in writing, that he or she read and understood the provisions of this section. (3) Return to Rank at Original Retirement. The Chief, if he or she were to approve the application, may return the retired member to active duty only in or to a vacant position in the rank held by him or her at the effective date of his or her original retirement. (4) Status of a Reactivated Member of Tier 4. A retired member returned to active duty shall thereafter be known as a "reactivated member" of Tier 4 and, as such: (A) Privilege, Not an Appointment. His or her return to active duty shall be a privilege only and he or she shall be on probation for one year from and after the effective date of the return regardless of any other provision of law contained in the Charter or otherwise, and the Chief may terminate his or her service at any time during that year; (B) Original Pension Terminated. His or her pension, granted by reason of his or her original retirement, shall be terminated by the Board as of the effective date of his or her return to active duty; (C) Method of Calculating Years of Service. His or her service after the effective date of his or her return to active duty, for the purposes of Tier 4 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only: (i) (ii) (iii) days for which he or she shall be paid for performing his or her assigned duties, his or her days of vacation with pay, and his or her regular days off duty with pay, and one year of this service shall consist of a total of 365 days; (D) Years of Service for Purposes of Civil Service and Related Purposes. His or her aggregate years of service, for the purposes of his or her eligibility to advancement in accordance with civil service rules and regulations and the payment of his or her salary and longevity pay or other additional pay, shall consist of only his or her years of sworn service prior to the effective date of his or her original retirement and his or her service after the effective date of his or her return to active duty; (E) Years of Service for Purposes of Tier 4. His or her aggregate years of service, for the purposes of Tier 4 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only the years of service for which he or she received credit in his or her original retirement and his or her service subsequent to the effective date of his or her return to active duty, provided, however, that the subsequent service shall be for not less than one year as defined in Subsection (b)(4)(c) of this section; (F) Salary, Longevity, & Other Additional Pay. He or she shall be assumed to have a satisfactory standard of service and shall be paid the salary provided for his or her rank and the longevity pay or other additional pay provided for his or her aggregate years of service, subject, however, to all applicable provisions of any collective bargaining agreement (Memorandum of Understanding) and of the Los Angeles Administrative Code (LAAC); (G) Payroll Deduction. He or she shall contribute to the Fire and Police Pension Plan Tier 4 as provided in Charter Section 1614;

322 (H) Prohibition of Nonservice-Connected Disability Pensions. He or she shall never be entitled to a subsequent retirement pursuant to Charter Section 1606(b) relating to Nonservice-Connected Disability Pensions and his or her surviving spouse or domestic partner, his minor child or children or dependent child or children (for ease of reference all children, both minor and dependent, singular and plural, are hereafter referred to in this section as "child") or dependent parent or parents (referred to in this section as "dependent parent") never shall be granted a pension as provided in, or based upon, Charter Section 1608(a)(5); (I) Allowance of Service-Connected Disability Pensions. He or she shall be entitled to retire on a service-connected disability pension pursuant to Charter Section 1606(a) if he or she were to become eligible therefore; upon his or her death subsequent to retirement on a serviceconnected disability pension, a pension shall be granted to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent as provided in, or based upon, Charter Section 1608(a)(4), as applicable; (J) Allowance of Service-Connected Survivor Pension. His or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be granted a Service-Connected Survivor Pension as provided in, or based upon, Charter Section 1608(a)(1), as applicable, or may elect the Charter Section 1608(a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation; (K) Allowance of Survivor Pension Upon Death of Reactivated Member. His or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty date and prior to the date of death) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty effective date and prior to the date of death) or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be granted a survivorship pension as provided in, or based upon, Charter Section 1608(a)(2), as applicable, or may elect the Charter Section 1608(a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation; (L) Reinstatement of Original Pension. His or her pension, granted by reason of his original retirement, if his or her service were to be terminated during the one year from and after the effective date of his or her return to active duty for any reason other than by reason of his or her subsequent retirement pursuant to Charter Section 1606(a) on a service-connected disability pension, shall be reinstated by the Board, as of the effective date of the termination of his or her service, at the amount of pension that then would have been payable to him or her if he or she had not returned to active duty and, upon his or her death, the pension that shall be granted pursuant to Charter Section 1608(a)(3) to his or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement) or child or dependent parent shall be calculated upon the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement; (M) Retirement as Reactivated Member. One year after the effective date of his or her return to active duty, he or she shall be entitled to retire on a service pension pursuant to Charter Section 1604 based upon his or her aggregate years of service as defined in LAAC Section (b)(4)(E) and his or her pension shall be calculated upon a sum equal to the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement (hereinafter referred to as "such base"), plus a percentage of the difference between such base and that which, if he or she had not had his original retirement, would have been his or her Final Average Salary as of the effective date of his or her subsequent retirement, for his or her years of service subsequent to the effective date of his or her return to active duty as defined in LAAC (b)(4)(C), so that this sum shall be such base plus: (i) (ii) (iii) (iv) 20% of the difference for one year; 40% of the difference for two years; 60% of the difference for three years; 80% of the difference for four years; and (v) 100% of the difference for five or more years or the equivalent of his or her Final Average Salary as of the effective date of his or her subsequent retirement, and upon his or her death, if he or she previously had had a subsequent retirement, the pension that shall be granted as provided in, or based upon, Charter Section 1608(a)(3), as applicable, to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, shall be calculated upon the sum upon which his or her pension had been calculated as of the effective date of his or her subsequent retirement; (N) Eligibility for DROP. A reactivated member shall not be eligible to participate in any available Deferred Retirement Option Plan (DROP) until three years following his or her return to duty; (O) Refund of Contributions Upon Termination. A reactivated member shall not be entitled to a refund of any contributions; and

323 (P) Optional Pension Election. If a reactivated member is reinstated to active duty after electing to receive the optional pension provided in Charter Section 1608(b), the election to receive the optional pension shall be deemed cancelled as of the effective date of the reinstatement provided, however, that if his or her original pension is reinstated pursuant to LAAC Section (b)(4)(L), then the election to receive the optional pension shall likewise be reinstated. Unless a reactivated member's subsequent retirement is governed by LAAC Section (b)(4)(L), he or she may make any election authorized pursuant to Charter Section 1608(b). (5) Applicability of Tier 4 to Reactivated Members. The provisions of Tier 4 shall be construed and applied, as to a reactivated member and to his or her surviving spouse, domestic partner, child, and dependent parent, in accordance with the respectively applicable provisions of Subsection (b)(4) of this section. Added by Ord. No. 177,116, Eff Sec Provisions Governing the Recall to Active Duty of Police for Periods Exceeding 90 Days. This section establishes the salary, benefits and other terms and conditions of employment for a retired member of the Police Department recalled for a period in excess of 90 days, but not to exceed more than 12 consecutive months, pursuant to either Subsection (e) of Section of this Code or Subsection (b) of Charter Section (a) Status of Recalled Member. A retired member recalled to active duty shall be known as a "recalled member" and: (1) His or her recall to active duty shall be a privilege only and the Chief may terminate his or her service at any time; (2) Shall be paid his or her pension during the period of recall to active duty and thus shall not be eligible for the benefits provided in Section of this Code; (3) Shall be paid the salary in effect on the date of recall for his or her rank and pay grade at retirement, longevity pay provided for his or her aggregate years of service prior to the effective date of retirement, and P.O.S.T. compensation; (4) Shall not receive any other incentives or bonuses, step increases, general salary increases, or promotions during the period of recall. (5) Shall be compensated in cash for daily overtime at the rate of time and one-half for hours worked in excess of his/her scheduled work shift if employed in a classification eligible for overtime pursuant to MOU 24 or 25; (6) May be assigned to any position within the Department that is allocated to the rank and pay grade held by the recalled member; (7) Shall not be entitled to any benefits provided to employees under Division 4 of this Code or the Memorandum of Understanding between the City and the Los Angeles Police Protective League or the Los Angeles Police Command Officers Association except as provided here; (8) Shall have no payroll deduction made for pension contributions pursuant to Section of this Code or Charter Section 1420; and (9) The recalled member and his or her surviving spouse or domestic partner, minor child or children, dependent child or children, and dependent parent or parents shall never be entitled to any pension benefits provided by either Tier 2 or Tier 5 by reason of his or her service as a recalled member. (b) Tiers 2 and 5 Construed with Recalled Member Rules. The provisions of Tier 2 or Tier 5, as applicable, shall be construed and applied, as to a recalled member retired from Tier 2 or Tier 5, his or her surviving spouse or domestic partner, minor child or children, dependent child or children, and dependent parent or parents, in accordance with the respective applicable provisions of Subsection (a) of this section. Added by Ord. No. 179,186, Eff Sec Establishment and Termination of Domestic Partnerships. (a) 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 shall be established when both partners file a Declaration of Domestic Partnership with the Board of Fire and Police Pension Commissioners, provided all the following requirements are met: (1) Both persons have a common residence as defined in Family Code Section 297. (2) Both persons agree to be jointly responsible for each other's basic living expenses incurred during the domestic partnership.

324 (3) Neither person is married or a member of another domestic partnership. (4) The two persons are not related by blood in a way that would prevent them from being married to each other in this state. (5) Both persons are at least 18 years of age. (6) Both persons may be of the same sex or the opposite sex. (7) Both persons are capable of consenting to the domestic partnership. (b) A domestic partnership is terminated when any one of the following occurs: (1) One partner gives, or sends by certified mail, to the other partner a written notice that he or she is terminating the partnership. (2) One of the domestic partners dies. (3) One of the domestic partners marries. (4) The domestic partners no longer have a common residence. (c) Upon termination of a domestic partnership, at least one of the former partners shall file a Notice of Termination of Domestic Partnership with the Board of Fire and Police Pension Commissioners, provided that failure to file such notice shall not prevent the termination of the domestic partnership. (d) No person who has filed a Declaration of Domestic Partnership with the Board of Fire and Police Pension Commissioners may file a new Declaration of Domestic Partnership until at least six months after the date that a Notice of Termination of Domestic Partnership was filed with the Board as provided herein. This prohibition does not apply if the previous domestic partnership ended because one of the partners died or married. Added by Ord. No. 173,028, Eff Amended by: Sec. Number, Ord. No. 173,136, Eff ; Subsec. (a)(1), Ord. No. 176,731, Eff Renumbered from former Sec by Ord. No. 179,538, Eff Sec Survivorship Benefits for Qualified Surviving Domestic Partners. (a) For the purpose of the benefits which are provided in Sections 1414, 1508, and 1608 of the Charter and in Sections , , and of the Administrative Code, the definition of qualified surviving spouse is hereby expanded to include a person who is a qualified surviving domestic partner, as defined below. (b) In order for a domestic partner to become a qualified surviving domestic partner of a deceased System Member, Retired System Member, Plan Member or Retired Plan Member, the following requirements must have been met before said member's death: (1) A Declaration of Domestic Partnership, signed by both partners, must be on file with the Board of Fire and Police Pension Commissioners (i) (ii) for at least one year prior to the date of the System Member or Plan Member's nonservice-connected death while a member, or on the date of the System Member or Plan Member's service-connected death while a member, or (iii) for at least one year prior to the effective date of the Retired System Member or Retired Plan Member's retirement upon a service pension or upon a nonservice-connected disability pension, or (iv) on the effective date of the Retired System Member or Retired Plan Member's retirement upon a service-connected disability pension; (2) The survivor must be either the domestic partner or spouse of the member on the date of the member's death. (c) For members who have filed an Affidavit of Domestic Partnership with the Personnel Department prior to the effective date of this section and who also file a Declaration of Domestic Partnership with the Board of Pension Commissioners on or before March 31, 2000, the filing date of said declaration for purposes of this section shall be the date the affidavit was accepted by the Personnel Department. (d) This section shall become effective upon enactment and shall not be applied retroactively to grant benefits to the domestic partner of any member who died or retired prior to the enactment of this section. (e) Effective January 1, 2005, to the extent required by state law, domestic partners registered with the state of California or two persons of the same sex

325 whose legal union, other than a marriage, has been validly formed in another jurisdiction and is substantially equivalent to a state registered domestic partnership shall be treated the same as spouses for purposes of all provisions of the Fire and Police Pension Plan set forth in the Charter and Los Angeles Administrative Code. For these purposes, any reference to the date of a marriage shall be deemed to refer to the date of registration of a domestic partnership with the state or the date of a legal union in another jurisdiction, as applicable. Added by Ord. No. 173,028, Eff Amended by: Sec. Number, Ord. No. 173,136, Eff ; Subsec. (a), Ord. No. 176,731, Eff ; Subsec. (e) added, Ord. No. 177,900, Eff Renumbered from former Sec by Ord. No. 179,538, Eff Sec Reactivation of Surviving Spouse Benefits. (a) The survivorship pension of a former qualified surviving spouse whose benefits ceased solely because of the spouse's subsequent remarriage prior to December 5, 1996, shall be restored prospectively from July 10, 2001, the effective date of Charter Section (b) No benefits shall be paid to anyone other than the widow or widower who had been receiving qualified surviving spouse benefits prior to the date of the remarriage and loss of benefits. The Department of Fire and Police Pensions shall be responsible for determining the current monthly benefit, consisting of the previous pension amount at the time of the remarriage, plus all applicable cost of living adjustments. Added by Ord. No. 174,612, Eff Renumbered from former Sec by Ord. No. 179,538, Eff Sec Length of Service Pay, Special Pay, Hazard Pay, and Assignment Pay - Adoption of Collective Bargaining Agreements. Length of service pay, special pay, hazard pay, and assignment pay, as defined in Charter Sections 1302(d), 1406(h) (k), 1502(h) (k), and 1602(h) (k) shall be as specified by ordinance and, notwithstanding the provisions of Charter Section 219, the relevant provisions of collective bargaining agreements which address those types of pay shall require adoption by ordinance. Added by Ord. No. 173,275, Eff , Oper Renumbered from former Sec by Ord. No. 179,538, Eff Sec Public Service Purchase (PSP) Program. (a) Definitions. For the purposes of this section, the following words and phrases shall have the meaning ascribed to them in this subsection unless a different meaning is clearly indicated by the context: Advance Purchase means a purchase of service made in advance by a member, based upon the member s estimated pension base and the specified date that benefits will first become payable, for which a true up calculation is required. Purchases made within 180 days of the date a member actually retires on a service pension or enters DROP are not advance purchases requiring a true up, provided that the member actually retires or enters DROP on the specified date and that there is no change in either the member s known eligible survivors or the member s pension base during those 180 days. Board means the Board of Fire and Police Pension Commissioners. Designated PSP Beneficiary means a person whom the member, in a writing filed with the Plan, designates to be paid part or all of the member s PSP payments, including interest, that are refundable in the event of the member s death. If the member designates more than one person as a beneficiary, the refund shall be divided evenly between all beneficiaries unless the member provides otherwise. DROP refers to the Deferred Retirement Option Plan (DROP) established in Chapter 21 of Division 4 of the Los Angeles Administrative Code. Full Actuarial Cost means the cost to be paid for purchased service in order to achieve cost neutrality to the Plan as determined by the Board s actuary. Full-time Service means a minimum of six months of uninterrupted service with an eligible public entity, excluding part-time service. Member means a Department Member entitled to benefits from the Plan under Tier 2, 3, 4, 5 or 6. Pension Base means the Normal Pension Base for Tier 2 members and Final Average Salary for members of Tiers 3, 4, 5 and 6.

326 Pension Base Adjustment means the requirement that, when the member s pension base changes after a purchase is finalized, the years of service purchased shall be adjusted so that the amount of the monthly benefit purchased remains unchanged. This adjustment shall be made regardless of whether the member s pension base changes prior to or after the member s retirement or DROP entry date and shall be retroactive to the date that benefits first became payable. Prior Plan means a retirement plan of a public entity in which the member was a participant during full-time service. Public Entity means the United States Government including its territories, any agency of the United States Government, the United States Postal Service, and any branch of the United States military service; any State or their political subdivisions; any local government or special district within any State of the United States; and shall exclude non-governmental agencies supported by government contracts or grants. Public Service Purchase (PSP) Program means the voluntary program that allows members to purchase service with the Fire and Police Pension Plan (Plan) on the terms and conditions established in this section. Purchased Service means service purchased under the PSP program. Purchased service shall be treated as years of service, as that term is defined in the various tiers of the Plan, for the purpose of computing the amount of a member s service pension and any survivorship pensions based on that pension. Specified Date that Benefits Will First Become Payable means the date that the member expects either to retire on a service pension or to enter DROP and shall be specified by the member at the time service is purchased. True Up means the requirement that the full actuarial cost for the purchased service shall be recalculated as of the date that benefits first become payable when (1) a member has made an advance purchase, (2) the retirement or DROP entry date differs from the date specified when the purchase was made, (3) there is a change in the member s known eligible survivors or (4) the member s actual pension base differs from the estimated pension base. The purpose of a true up is to assure that the member pays the full actuarial cost so that the PSP program will be cost neutral to the Plan. The actuarial assumptions used in the true up shall be those in effect at the time the purchase was initially made. (b) Participation in the Program. Service purchases under the PSP program must be initiated and finalized prior to the date a member enters DROP or retires, whichever occurs first. Members cannot purchase service after entering DROP, retiring, or being recalled or reactivated. The Board may limit or prohibit member participation in the PSP program to the extent required to comply with any federal law. (c) Cost Neutrality. The member shall be required to pay the full actuarial cost of the purchased service as determined by the Plan s actuary based upon the additional benefits available from the Plan as a result of the purchased service without taking into consideration incidental administrative expenses incurred by the Plan. In determining the purchase cost, the actuary shall determine the full actuarial cost utilizing the actuarial assumptions in effect for the PSP program at the time of purchase and taking into consideration the additional benefits that may be provided by the Plan as a result of the purchased service. Factors to be considered by the actuary shall include, as applicable: the member s age; the date benefits will first become payable (the specified date or the actual date); the number of known eligible survivors; the ages of any known eligible survivors; the member s pension base (estimated or actual); the investment earnings rate that is assumed to accrue to the Plan on the member s PSP payments; and any other factors that are relevant to cost neutrality. For all PSP program purposes, the date a member enters DROP shall be considered the date that benefits first become payable, notwithstanding that no benefits are actually paid to the member until he or she terminates employment and exits DROP. A member s cost for the purchase of service may differ from the amount determined in advance if a true up is required. A purchase is finalized when the member has paid the full cost for the service purchased, including any adjustment in cost or service required as a result of a true up. In the event that the member s pension base changes after the member s purchase has been finalized, a pension base adjustment shall be made by adjusting the years of service, retroactive to the date that benefits first became payable, so that the amount of the monthly benefit purchased remains unchanged. The City Administrative Officer shall conduct periodic reviews of the program every five years to ensure that the program is cost neutral to the City. Cost neutrality shall be determined with regard to the additional benefits provided by the Plan as a result of purchased service, without taking into consideration any incidental administrative expenses incurred by the Plan. (d) Service Eligible for Purchase. A member may purchase service under the PSP program with any public entity subject to the following limitations: (1) Only full-time service may be purchased. (2) No more than a total of four years of service may be purchased. (3) Service with a branch of the United States military service may be purchased only if the member was honorably discharged. (4) Service with any bona fide police agency or fire suppression agency may be purchased only if the member was not terminated for cause. (5) Service for which the member is eligible, or may become eligible, to receive a retirement benefit from another entity may not be purchased unless federal law requires otherwise. This prohibition shall not apply when a member ceases to be eligible for benefits from a prior plan due to a withdrawal of the member s funds or a waiver of benefits.

327 (6) Service may not be purchased if the benefits payable as a result of this additional service purchase would cause the member s benefits to exceed the Internal Revenue Code Section 415(b)(1)(A) limits at the time of retirement and result in benefits being paid to the member from the Excess Benefit Plan, rather than the Plan. In the event that purchased service is determined to be ineligible for purchase (due to a violation of one or more of these limitations) prior to the date that the member terminates employment, the purchase of the ineligible service shall be rescinded and the member shall be refunded the payments attributable to the purchase of this ineligible service, with interest, payable upon the earlier of the member s death or termination of employment. A purchase of service may not be rescinded after service pension benefits have actually been paid to the member, but may be rescinded during the period that the member is in DROP, with an appropriate adjustment in the amount of the payments made into the member s DROP account retroactive to the date of entry into DROP. (e) Restrictions Applicable to Purchased Service. Purchased service shall be included in a member's years of service only for the purpose of calculating the amount of the member's service pension and any survivorship benefits based upon the member's service pension entitlement, provided that the total years of service used to calculate a member's service pension shall never exceed thirty years for Tiers 2, 3 and 4 or thirty-three years for Tiers 5 or 6. However, should a member who purchased service and either entered DROP or retired on a service pension subsequently be retired on a disability pension, unless the service purchase has been revoked as provided in Subsection (g)(5), the purchased service shall be included in the member s years of service to the extent applicable for purposes of computing the minimum disability pension payable based upon the member s service and any survivorship benefits payable in the event of the member s death. Purchased service shall not count as service for purposes of the contribution provisions of any of the tiers and does not excuse a member from making the contributions required by the member s tier. Purchased service shall not count as years of service for purposes of any of the benefits provided in Chapter 11.5 of Division 4 of the Los Angeles Administrative Code. Purchased service shall not count to establish eligibility for service or disability retirement or eligibility to enter DROP. (f) Methods of Purchasing Service. A member may enter into a written agreement with the Plan to purchase service by a lump sum payment or on an installment basis through payroll deductions or by both. Lump sum payments may be paid in cash or by a direct rollover from the City s Deferred Compensation Plan or by a combination of these methods. Installment payments shall be made by payroll deduction on a post-tax basis pursuant to the terms of the member s written agreement with the Plan. An installment payment agreement may be initiated or ended by a lump sum payment. While a member may terminate a payroll deduction agreement at any time and cease to make further payments, a member shall not be allowed to enter into another written agreement to purchase any service covered by the terminated agreement. If a payroll deduction agreement is terminated then, at retirement or entry into DROP, whichever occurs first, the member may elect to receive prorated service based on the payments already made or to revoke all of the purchase and receive a refund as provided in Subsection (g)(6). At the time a member is provided with a cost estimate for the purchase of service, the member shall be advised of the interest rate that will accrue on any unpaid balance if not paid in full by a specified date. The interest rate that a member shall be charged on the unpaid balance of any purchase agreement shall be the same rate as the investment earning rate assumption applicable to advance purchase payments at that time. All advance purchases are subject to being trued up at the time benefits first become payable. If the member s trued up cost is less than the amount that the member has paid, including assumed investment earnings, the difference may be refunded to the member or used to purchase additional eligible service. If the member s trued up cost exceeds the amount that the member has paid, including assumed investment earnings, the member may make a lump sum payment prior to retirement to complete the service purchase or receive pro-rated service based on the amount already paid. In addition, when a true up is required, a member may always elect to revoke all of the purchase and receive a refund as provided in Subsection (g)(6). A member may only enter into one written agreement to purchase a specific period of service. Once a member has paid to purchase service, these payments may not be refunded except as provided above or in Subsections (d) and (g). A member shall not be paid a refund until the member terminates employment. (g) below: Refund of Payments. A member s payments to purchase service shall be refunded only as provided in Subsections (d) and (f) above or as provided (1) In the event a member terminates employment other than by retiring on a service pension, all payments made by the member under the PSP program, including interest, shall be refunded to the former member upon request and the purchase agreement shall be revoked. A former member who becomes eligible for a deferred service retirement may elect, instead of taking a refund, to retain credit for that portion of the service purchased by the amount already paid, based upon a true up of the cost. In the event the former member dies prior to electing either a refund or a deferred service retirement including purchased service, all payments made under the PSP program, including interest, shall be refunded to the former member s designated PSP beneficiary or, if none, to the former member s estate. (2) If a member dies prior to entering DROP or, if not in DROP, prior to retiring, and leaves no eligible surviving spouse or domestic partner, all payments made by the member under the PSP program, including interest, shall be refunded to the member s designated PSP beneficiary or, if none, to the member s estate and the purchase agreement shall be revoked. (3) If a member dies prior to entering DROP or, if not in DROP, prior to retiring, and leaves an eligible surviving spouse or domestic partner, all payments made by the member under the PSP program, including interest, shall be refunded to the member s designated PSP beneficiary or, if none, to the member s spouse or domestic partner and the purchase agreement shall be revoked, provided that the eligible surviving spouse or domestic partner may elect to retain part or all of the purchased service, in which case the full actuarial cost shall be trued up based on the benefits that will be provided to the survivor

328 and only that portion of the payments and interest exceeding the trued up cost for the retained purchased service shall be refunded as set forth above. (4) Should a member, as a result of purchased service, accrue more than thirty (30) years of service for Tiers 2, 3 and 4 or thirty-three (33) years of service for Tiers 5 or 6 for service pension calculation purposes, upon termination of employment the member shall be refunded the amount that was paid to purchase this excess service, including interest. (5) Provided a member has not retired on a service pension prior to being approved for a disability pension, the service purchase agreement shall be revoked and the member refunded all payments, including interest, when the member terminates employment by retiring on a disability pension. However, if a member forfeits his or her DROP account in order to receive a disability pension, the member may elect to retain the service purchased under the PSP program instead of receiving a refund. There is no right to revoke the service purchase agreement and receive a refund if the member retired on a service pension prior to being granted a disability pension. (6) When a member s full actuarial cost for an advance purchase is trued up at the time that benefits first become payable, the member may elect to revoke the purchase and receive a refund of all payments, including interest, upon termination of employment. Unless a refund is authorized as provided in this subsection or Subsections (d) or (f), payments made to purchase service shall not be refunded. To the extent that a refund is authorized and made, the service purchase shall be revoked accordingly. After a member enters DROP, no portion of the purchase price shall be refunded unless the member qualifies for a refund under Paragraph (5) of this subsection or under Subsection (d) related to the purchase of ineligible service. After a member retires on a service pension, none of the purchase price shall ever be refunded. (h) The City May Modify or Terminate the Program. The City Council may review the costs and usefulness of the PSP program for recruitment and retention purposes. The City Council may modify or terminate the program in the manner authorized by Charter Section In the event the program is modified or terminated, agreements to purchase service that were entered into prior to the program s modification or termination shall continue to be honored as provided in Charter Section (i) Board Administration of the Program. The Board shall administer the PSP program and adopt all rules necessary to implement the program. The Board shall periodically review and approve the assumptions, including the investment earning rate assumptions applicable to advance purchase payments, and the methodology to be used by the Board s actuary to determine the full actuarial cost for this benefit that will be charged to the members. The Board shall establish the amount of interest and the manner in which this interest is credited on PSP payments for refund purposes, provided that the amount of interest shall not exceed that paid on normal contributions to the Plan. The Board shall account for all PSP payments and for the additional benefits paid as a result of PSP purchases in a manner that will allow the Board to periodically review the program to ensure that the program is cost neutral. The Board shall determine any factual questions arising in connection with the program s operation after investigation or hearing as the Board deems appropriate. The Board s decision shall be conclusive and binding on all parties concerned. (j) DROP Window. Notwithstanding the provisions of Subsection (b), a member who enters DROP during the period of January 1, 2008 through May 1, 2008, may initiate service purchases under the PSP program no later than August 1, 2008, but these purchases must be finalized no later than August 1, A purchase of service under this subsection may not be initiated or finalized after a member exits DROP. The member must be in DROP at the time that the service purchase is initiated and finalized. Added by Ord. No. 179,813, Eff Amended by: Subsecs. (a), (e) and (g)(4), Ord. No , Eff