Part 36

• 4.80.1960 Source of moneys.

• 4.80.1970 Transfer of moneys.

• 4.80.1980 Expenditure of moneys.

There is hereby created and established a separate fund entitled the "underground utility fund." (Ord. 22823.1.)

There shall be deposited into and credited to the underground utility fund all revenues received as assessments and fees for city's costs and expenses related to the performance of work necessary to place underground certain utility facilities, including, but not limited to, wires, pipes and communications facilities, which are to be newly installed or which were previously located aboveground. There shall also be deposited into said fund such other moneys as the city council may from time to time appropriate to said fund. (Ord. 22823.1.)

BENEFIT FUND

Sections:

• 4.80.2000 Creation of benefit fund.

• 4.80.2010 Deposit of moneys.

• 4.80.2020 Expenditures of moneys.

• 4.80.2030 Transfer of moneys - Retirement.

There is hereby created and established the benefit fund.

(Ord. 21331.)

The city council shall from time to time transfer to the benefit fund moneys from the general fund or any other fund which may be used for the purposes set forth in Section 4.80.2020 in such amounts as are necessary to establish such fund and maintain its solvency. There shall also be deposited into such fund any contributions required to be

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§ 4.80.2010

made by city or by city employees: (1) for city's self-insured dental program, (2) for city's selfinsured medical program, or (3) for life insurance coverage. There shall also be deposited in such fund contributions required to be made by city for the self-funded direct reimbursable unemployment insurance program. There shall also be deposited in such fund any contributions required to be made by city for the various retirement plans and systems of city for transfer to the appropriate retirement fund or funds. There shall also be deposited in such fund contributions required to be made by city or by city employees to provide miscellaneous benefits for city employees because of applicable ordinances, resolutions or contracts. There shall also be deposited in said fund reimbursement from stop loss providers for individual and aggregate claims; and contributions required to be made by city, by city employees, by city council members, by the appropriate retirement fund or funds, by the successor agency, by the San José Sports Authority or by the San José Arena Authority for health insurance premiums for city employees, city council members, retirees, successor agency employees, San José Sports Authority employees, and San José Arena Authority employees and dependents as required by applicable resolutions, ordinances, or contracts. The city council may at any time transfer moneys from said benefit fund to any other appropriate fund or may abolish said fund. (Ords. 21331, 29816.)

Moneys in the benefit fund shall be expended

for:

• A. Expenses of the operation of the selfinsurance dental benefit program (approved by the city council) pursuant to the provisions of such program including:

  1. Wages, salaries and fringe benefits of city employees charged with the management and administration of said program;

  2. Adjustment, adjudication and litigation of claims and necessary clerical support services and for other operating expenses of such program including purchase of supplies, materials and equipment necessary to conduct said program;

  3. Contractual and professional services for litigation and settlement of claims;

  4. Professional dental services;

  5. Auditing and actuarial services;

  6. Premiums for excess insurance; and

  7. Any contractual services to accomplish the administration of the fund.

• B. Expenses of the operation of the selfinsurance medical benefit program (approved by the city council) pursuant to the provisions of such program including:

  1. Wages, salaries and fringe benefits of city employees charged with the management and administration of said program;

  2. Adjustment, adjudication and litigation of claims and necessary clerical support services and for other operating expenses of such program including purchase of supplies, materials and equipment necessary to conduct said program;

  3. Contractual and professional services for litigation and settlement of claims;

  4. Professional medical services;

  5. Auditing and actuarial services;

  6. Premiums for excess insurance;

  7. Premiums for stop loss insurance; and

  8. Any contractual services to accomplish the administration of the fund.

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§ 4.80.2030

• C. Expenses of the operation of the city's self-funded direct reimbursable unemployment insurance program, including:

  1. Wages, salaries and fringe benefits of city employees charged with the management and administration of said program;

  2. Payment of unemployment insurance claims;

  3. Purchase of supplies, materials and equipment necessary to conduct said program;

  4. Contractual and professional services necessary to conduct said program including but not limited to attorneys' fees and costs, professional medical experts, employment consultants and investigative services;

  5. Any other operating expenses necessary to conduct said program.

• D. Expenses of the administration of a selfadministered life insurance program (approved by the city council) pursuant to the provisions of said program, including:

  1. Wages, salaries and fringe benefits of city employees charged with the management and administration of said program;

  2. Obligations to insurers for premiums;

  3. Obligations to insurers pursuant to funding agreements in lieu of premium payments, such as:

     • a. Insured benefits;

     • b. Insurance company expense allowances;

     • c. Premium taxes;

  4. Expenses of administration including the purchase of supplies, materials, and equipment necessary to conduct such program;

5. Expenses of preparation and providing of forms necessary to admin-

istration of the plan, and descriptive booklets for distribution among employees;

  6. Expenses of investment of funds; 

  7. Auditing and actuarial services; 

  8. Any contractual services to accomplish the administration of the fund, including but not limited to items 4, 5, 6, and 7 above. 

• E. Expenses of providing miscellaneous benefits for city employees required by applicable ordinances, resolutions or contracts, including but not limited to prescription drugs and vision care benefits, private legal service benefits, and salary continuation insurance.

• F. Expenses of providing health insurance for city employees, city council members and dependents as required by applicable ordinances, resolutions or contracts.

• (Ords. 21331, 29816.)

Contributions required by applicable retirement ordinances, plans and systems to be made by city for the various retirement plans and systems of city and deposited in the benefit fund and representing expenses incurred by city for retirements and pensions as hereinafter set forth, shall be transferred to the appropriate retirement fund or funds and thereafter expended from such retirement fund or funds pursuant to and as required by said retirement ordinances, plans and systems.

The aforesaid expenses incurred by city for retirements and pensions includes but is not limited to:

1. City contributions to federated retirement systems for current service benefits, prior service benefits, cost of living benefits, and administrative costs as prescribed by applicable retirement ordinances;

2. City contributions to police/fire retirement systems for current service benefits, prior service benefits, cost of living ben-

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§ 4.80.2030

efits and administrative costs as prescribed by applicable retirement ordinances, and contributions for chief of police benefits program.

(Ord. 21331.)