Bakersfield Municipal Code Ch. 2.88 Employee Health and Disability Benefits

Sections: 2.88.010 Group medical insurance. 2.88.020 Salaries while absent due to injury in course of duties—Approval of application—Cessation of payments. 2.88.030 Workmans’ compensation—Probationary and temporary.

A. City Payment. The city shall maintain or contract for a medical insurance program for officers and employees of the city.

B. Who is Covered. All officers and employees of the city electing to be covered by the city’s medical program except members of boards, commissions or agencies and part-time or temporary officers and employees.

C. Salary Deduction. Any eligible officer or employee of the city who elects to participate in the city’s medical insurance program may authorize deductions to be made from his or her salary for payment of additional premium charges for family coverage, which deductions shall be paid by the finance director to the carrier of the group insurance.

D. Firefighters Insurance. The city, upon request of any city firefighter, will pay to Firefighters’ Union Local Number 1301 an amount equal to that paid pursuant to the annual salary resolution for an officer or employee of the city. Such amount shall be in place of and not in addition to any other medical insurance paid by the city for group medical insurance. Such amounts are to be utilized for medical insurance coverage as contracted for by Local No. 1301. (Ord. 2655 § 6, 1981; prior code § 3.22.020)

of application—Cessation of payments.

A. Whenever any permanent city employee, other than a city employee covered by Section 4850 of the Labor Code of the state, is disabled by injury or illness arising out of and in the course of his or her duties, he or she shall be entitled to leave of absence while so disabled without loss of salary for the period of such disability as follows:

1. Commencing at the same time as disability payments pursuant to Labor Code Section 4650 begin, full salary to said employee for a period of time not exceeding one year, during the time he or she is absent from duty on account of such injury and until his or her employment with the city is terminated or he or she is retired for disability or service under the Public Employees’ Retirement System or until the employee’s rights to temporary disability are terminated by the Compensation Insurance Fund of the state, whichever event first occurs; provided, that such employee shall pay over to the city an amount equal to such payments as shall be received by him or her from such fund for temporary disability for the time he or she is so absent from duty.

2. The payments to be made under this chapter only upon the application of the employee for the benefit and approval of the application by the city manager, and to continue as provided in this chapter. In case the city manager refuses to approve any application for additional compensation, then the employee making the application may appeal the refusal to the council within thirty days after receipt by an employee of notice of denial or refusal to approve the application from the city manager. For purposes of bringing such an appeal an application submitted to the city manager over forty-five days without action being taken by the city manager shall be deemed denied. The determination and findings of the city council shall be final and conclusive. The city council may, at any time, for good cause open a noticed hearing, discontinue payments,

when it finds and determines good cause exists that the payments should stop; provided further, that in no case shall the payments be continued after death of the employee or after temporary disability payments have been discontinued by the Insurance Fund of the state.

B. Filing of Claim—Payments. Upon the filing and approval of any application, as provided in subsection A of this section, the finance director shall, each successive pay period as the same becomes due and payable, make salary payments as in this section provided out of the fund of the city from which the salary of the injured employee was formerly paid.

C. Notification of Termination of Temporary Disability Payments. It shall be the duty of any employee receiving compensation under this chapter to notify the city manager and the finance director immediately upon receipt by said employee of any notification of termination of temporary disability payments by the Insurance Fund of the state.

D. Overpayment—Duty of Employee to Remit Sums Overpaid. It shall be the duty of any employee receiving compensation pursuant to this section, whenever the employee receives an overpayment of the sums payable to him or her by the provisions of this section, to return the overpayments to the city within thirty days after notification to the employee of the amount of overpayment. Such overpayments shall create a civil debt upon which suit, judgment and execution may be obtained in a court of law and shall constitute a lien on any sums due the employee from the city. (Ord. 4670 § 1, 2012; prior code § 3.22.030)

Compensation for probationary and temporary employees shall be in accordance with Sections 4650 and 4652 of the State Labor Code. (Prior code § 3.22.040)