BOARD MEETING DATE: January 8, 1999 AGENDA NO. 4

BOARD MEETING DATE: January 8, 1999 AGENDA NO. 4

PROPOSAL:

Approve Compensation Package for Designated Deputy

SYNOPSIS:

The Executive Management Agreement between the District and Dr. Vinita C. Mathur expires January 31, 1999. The Executive Officer desires to renew Dr. Mathur's employment contract and this action is to approve the compensation package.

COMMITTEE:

Not applicable.

RECOMMENDED ACTION:

Approve the compensation package for Dr. Vinita C. Mathur as set forth below.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

In 1987, the District established an at-will form of employment whereby senior management employees serve at the pleasure of the Executive Officer [ except Executive Officer and General Counsel who serve at the pleasure of the Governing Board pursuant to statute (H&S Sec. 40480(b) and 40483, respectively)] under an Executive Management Agreement. The contract of one incumbent serving under such Agreement will expire January 31, 1999. The incumbent is Dr. Vinita C. Mathur, Director of Information Management.

Vinita C. Mathur, Ph.D.

Dr. Mathur is charged with the responsibility to meet the information management needs of the AQMD by providing reliable information solutions, innovative resource management, focused customer service, and cost-effective use of emerging technologies. Her principle objectives are to ensure District-wide information and technology coordination and sharing, and to ensure that system baselines are consistent with current and future technological and functional settings. Following is a summary of some of Dr. Mathur's accomplishments:

Dr. Mathur developed (1996) and updated (1998) the Information Management Strategic Plan addressing issues in eight key strategic areas: desktop computing, workflow automation, data management, application development, computer and telecommunications services, mobile office computing, records and forms management, and library services. She has ensured that all hardware has been upgraded through a phased program, that basic office software has been standardized, and that the workforce smoothly transitioned to the initial Windows operating system and then to Windows 95. In addition, she has introduced workflow automation through the Board Agenda Tracking System (ATS) with other automation projects planned. In the area of data management, Dr. Mathur implemented the relational Database Management System that has consolidated over 34 individual databases into a central data repository for mission-critical data. This has provided data consistency across divisional lines, better data accessibility, increased security and data integrity, and more timely data. In the area of application development, Dr. Mathur migrated basic AQMD business functionality to client-server architecture, established a consistent set of development tools, and replaced and/or is upgrading all District systems to correct the "Y2K" problem. In addition, she has managed the upgrade of the network infrastructure from 10 to 100 megabits/sec. and implemented the video- and teleconferencing pilot program.

In addition to her direct management of information systems, Dr. Mathur has been an important part of the management team. She presently serves in a critical role in both the permit streamlining and fee study efforts. She has served as one of the Executive Officer's representatives on the Labor/Management Committee for the past two and one-half years. She also served as the Executive Officer's representative on the Employee Affirmative Action Committee for two years and was a key voice in instituting multicultural recognition days such as Filipino Day, Chinese Day, Glimpses of India Day, and the like, to help foster employee awareness of and appreciation for various cultures.

Proposal

The Executive Officer proposes to execute a new contract with Dr. Mathur for a term of three years.

Relative to salary, consideration was given to current job responsibilities and other current AQMD salaries. In addition, salaries of similar positions outside AQMD were also considered. Finally, it should be noted that Dr. Mathur has not received a pay raise since becoming a Designated Deputy in 1992, other than the across-the-board raises granted to all management employees. In 1995 when her first contract term ended the District was operating under severe budget constraints, including have just concluded a staff layoff in the preceding year. Hence, Dr. Mathur's contract was extended without adjustment to her salary. As indicated in the assessment of her accomplishments above, Dr. Mathur has performed in an outstanding manner and has continued to be valuable member of the management team.

The proposed Executive Management Agreement (boilerplate approved by the Board in June 1997) is attached. Also attached is the existing 1992 contract with the revisions indicated by underline and strikeout.

The Executive Officer recommends that the Board approve the compensation package, effective February 1, 1999 for a term ending January 31, 2002, and increase annual salary by 3.5% to $102,735, effective February 1, 1999.

Fiscal Impacts

Sufficient funds for salaries and benefits are allocated in each year's budget.

Attachments

Proposed Executive Management Agreement and current Executive Management Agreement for Dr. Vinita C. Mathur showing proposed changes

/ / /

EXECUTIVE MANAGEMENT AGREEMENT
between
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
and
DESIGNATED DEPUTY

Director of Information Management

AGREEMENT made this 8th day of January, 1999, by and between SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, a governmental agency with the primary purpose to reduce air pollution in Southern California for the Los Angeles, San Bernardino, Riverside, and Orange counties, with its principal office at 21865 E. Copley Dr., Diamond Bar, California, herein referred to as "District" or "Employer" interchangeably and VINITA CHAND MATHUR, Ph.D., herein referred to as "Designated Deputy."

WHEREAS, the District is a governmental agency organized and formed pursuant to the laws of the State of California; and

WHEREAS, the District desires to secure the services of Designated Deputy as Director of Information Management to serve at the pleasure of the Appointing Authority for the term of this Agreement; and

WHEREAS, the Appointing Authority is defined as Executive Officer; and

WHEREAS, the Designated Deputy agrees and consents that he/she has relinquished any property right which Designated Deputy may have had as a result of personnel policies, rules, or regulations of the District, except those provided under the Constitution and laws of the State of California and the United States of America, in return for the consideration set forth below; and

WHEREAS, Health and Safety Code Section 40481 specifically provides for Designated Deputy to serve at the pleasure of the District Board; and

WHEREAS, Health and Safety Code Section 40482 provides that the District Board may delegate such authority as it deems appropriate to the Appointing Authority; and

WHEREAS, the District Board has delegated its authority to terminate the services of Designated Deputy; and

WHEREAS, the Designated Deputy understands and consents that he/she is serving at the pleasure of the Appointing Authority of the District; the sole rights to employment of Designated Deputy exist under this Agreement and resolution adopting this Agreement; and

WHEREAS, the District intends that this Agreement sets forth all obligations, rights, and privileges it may owe to Designated Deputy and which Designated Deputy may owe to the District as a result of the employment relationship;

NOW, THEREFORE, in consideration of the mutual promises herein contained, District and Designated Deputy agree as follows:

I. TERM OF AGREEMENT

A. District employs Designated Deputy, for the position of Director of Information Management for the term of approximately three years, commencing February 1, 1999 and terminating July 31, 2002.

B. Designated Deputy shall initially receive a base salary of $102,735 and shall receive a percentage increase equivalent to the percentage increase for management class employees as approved by the Board. If the Board grants management employees more than one pay increase within a 12-month period, "equivalent to the percentage increase for management class employees" shall mean the same percentage increase granted the same number of pay periods apart as given to management employees. Designated Deputy shall be subject to the same furlough provisions under Salary Resolution Section 27d as management employees who are not designated deputies. The term "base salary" shall not include any benefits that the Designated Deputy shall receive under the terms of this agreement. In addition, the District shall provide a pay for performance plan. This plan would encompass performance expectations and a performance payment up to 12% for above-standard to outstanding performance as recommended by the Executive Officer with approval of the District Board. Said annual salary shall be less federal and state taxes which are also applicable to other employees of the District and shall be payable every two weeks commencing on the first applicable payday following Board approval of this Agreement.

D. The receipt of benefits customarily given to regular employees does not create a property interest for Designated Deputy in his/her job. Designated Deputy shall be entitled to receive the following additional fringe benefits for the term of this Agreement based upon the conditions as set forth below. In no event shall the District's liability exceed the actual cost to the District of the benefits described herein.

(1) Health Insurance. Designated Deputy may choose to participate in any health insurance plan offered by the District and is subject to all of the terms and conditions of the insurance contract with the provider chosen. Designated Deputy may choose "family" coverage and District agrees to pay a maximum monthly contribution sufficient to permit Designated Deputy to have "family" coverage, without necessitating employee contribution, in accordance with prevailing District policy for management employees.

(2) Dental and Vision Care Insurance. Designated Deputy may choose to participate in any dental and/or vision care plan offered by the District and is subject to all of the terms and conditions of the insurance contract with the provider chosen. During the term of this Agreement the District agrees to pay the premium costs for the dental and/or vision care plans chosen in accordance with prevailing District policy for management employees.

3. Life Insurance. Designated Deputy is covered by two (2) life insurance policies: (1) A $5,000 life insurance policy; and (2) a $50,000 combination life insurance and dismemberment policy. The District agrees to pay the premium costs for these plans during the term of this Agreement. In addition, the Designated Deputy shall receive $245,000 worth of life insurance of the Designated Deputy's choice, provided the Designated Deputy passes any requirements so stated by the insurance company. The premium to be paid by the District for the additional life insurance shall not exceed $250 per month. In the event the Designated Deputy elects a life insurance program which may be portable, such policy or policies will be deemed portable to the Designated Deputy upon termination or retirement from District service.

4. Flexible Benefit Plan. Designated Deputy is eligible to participate in the District's Flexible Benefit Plan which provides IRS-approved select supplemental benefits and options and core medical, vision, and dental plan benefits. During the term of this Agreement the District shall fund a total contribution equal to that provided to other management participants.

5. Short-term and Long-term Disability Insurance. Designated Deputy is covered by a short-term disability plan during the term of this Agreement which is self-funded by the District provided that he/she has served at least one year as a management employee. This plan provides Designated Deputy with up to twelve months of full salary in the event of a non-work-related illness or injury. Prior to being eligible for full pay under this plan, Designated Deputy must use all of his/her accrued sick leave, vacation, compensatory time, and other leave time. In addition to this short-term disability plan, Designated Deputy may also apply for State Disability Insurance (SDI) benefits. SDI must be integrated with the short-term disability benefits. Designated Deputy shall be covered at no cost to himself/herself by the same long-term disability policy as that which covers management employees.

6. Sick Leave. Designated Deputy shall accrue sick leave at the same rate as the management class of employees during the term of this Agreement and this sick leave shall accrue until this Agreement is terminated. Any District sick leave accrued as of the date of execution of this Agreement shall be carried forward under this Agreement. Upon leaving the service of the District for any reason, the Designated Deputy shall receive payment of 50% of all hours based upon his/her hourly rate up to a maximum of 720 hours.

7. Holidays. Designated Deputy shall receive twelve paid holidays per year during the term of this Agreement. Designated Deputy shall be paid ten hours per holiday, unless Designated Deputy is not participatory in the 4/10 Program, in which case Designated Deputy shall be paid eight hours per holiday. Two of these holidays shall be considered floating holidays where ten (or eight, as the case may be) hours may be used in lieu of celebrating Admission Day or Lincoln's Birthday. Designated Deputy shall be subject to the same usage and expiration rules for floating holidays as management employees. The other ten paid holidays are:

Independence Day Christmas

Labor Day New Year's Day

Veteran's Day Martin Luther King's Birthday

Thanksgiving Washington's Birthday

Day after Thanksgiving Memorial Day

8. Vacation. Designated Deputy shall be entitled to 182 hours of paid vacation per year during the term of this Agreement. Designated Deputy shall be subject to the same vacation sell-back and carryover provisions as other management employees (pursuant to the District's Salary Resolution).

9. Jury Duty or Witness Leave. If Designated Deputy is required to be absent for jury duty, the District will pay Designated Deputy the difference between any fees received for jury duty and Designated Deputy's full salary for the same period of time as the District pays management employees. If Designated Deputy is required to be absent to be a witness for which he/she has been subpoenaed to appear as a witness, which subpoena was properly issued by a court legally empowered to issue such subpoena, the District will pay Designated Deputy the difference between any fees received for appearing as a witness and Designated Deputy's full salary.

10. Bereavement Leave. Designated Deputy is entitled to three working days per occasion during the term of this Agreement, upon the death of his/her father, mother, stepfather, stepmother, father-in-law, mother-in-law, sister, brother, spouse, child or stepchild, grandmother, grandfather, or grandchild.

11. Other

a) Tuition Reimbursement. Designated Deputy is eligible to receive reimbursement for attending courses which are related to Designated Deputy's career development and are of benefit to the District. The Appointing Authority shall be the sole judge of whether or not a course is eligible for reimbursement. This reimbursement will be in accordance with prevailing District policy for management employees.

b) Mileage Reimbursement. Designated Deputy shall be entitled to be reimbursed for use of his/her private automobile when used for District business after presenting a claim for such use for District business. The rate of reimbursement shall be in accordance with prevailing District policy for management employees.

c) Military Leave. If Designated Deputy is required to serve in the military, he/she shall be paid in accordance with California Military and Veterans' Code Section 395 et seq.

e) Memberships and Licenses. Designated Deputy shall be reimbursed for the cost of professional memberships and licenses to a maximum of $300 per fiscal year during the term of this Agreement. In lieu of this $300 reimbursement, Designated Deputies functioning as attorneys shall be entitled to reimbursement of required annual bar dues in accordance with the District policy for non-Designated Deputy attorneys.

f) Personal Time. Customarily, overtime is inherent in an executive manager's position. Designated Deputy will be accorded reasonable flexibility in absenting himself/herself from the office for brief intervals, not to exceed one-half the Deputy's assigned work day per occasion, if personal reasons so require. There may be some circumstances when the accumulation and use of compensatory time is allowable. This will be utilized in accordance with prevailing District policy for management employees.

g) Physical Examinations. The District will contribute a maximum of $300 toward the cost of an annual physical examination for Designated Deputy. Designated Deputy may elect to carry over this entire benefit for one year and be eligible for a maximum of $600 for one biennial physical examination, or carry over this entire benefit for two years and be eligible for a maximum of $900 for one triennial physical examination. Designated Deputy may choose one of the following options:

1) Physical exam by a physician of Designated Deputy's choice. If Designated Deputy participates in the Blue Shield Plan, the bills must first be submitted to Blue Shield for adjustment. Designated Deputy may choose to use his/her own physician and pay for these services.

2) Physical exam by the District's medical services provider.

3) Physical exam and health assessment conducted by a health appraisal center.

4) Physical exam conducted by Kaiser (no District reimbursement will be provided for this option since there is no cost either to the District or to the Designated Deputy for having a physical exam at Kaiser).

5) Physical exam conducted by Health Net (District to reimburse Designated Deputy for applicable copayment).

12. During the term of this Agreement, the Designated Deputy shall receive any benefits, including those specified in Paragraphs D (1) through D (11), which are provided to the majority of the District's management employees.

II. DUTIES OF DESIGNATED DEPUTY

See attached Position Description.

III. APPLICABILITY OF PROVISIONS OF THE ADMINISTRATIVE CODE

Designated Deputy shall be subject to all provisions of the District Administrative Code set forth herein below.

A. Section 40 - Code of Ethics

B. Section 50 - Affirmative Action Committee

C. Section 60 - Sexual Harassment

D. Section 100 - District Vehicle Policy

E. Section 120 - Traveling Expenses

F. Section 160 - Claims Procedures

G. Section 161 - Involuntary Relocation Expense

IV. TERMINATION

A. Designated Deputy may be terminated from his/her employment with District by the Appointing Authority upon the happening of any of the following:

(1) The death of Designated Deputy;

(2) The inability of Designated Deputy for any reason, other than that which applies to long-term disability as described in paragraph I.D.5. hereinabove, to perform his/her duties under this Employment Agreement for a period of ninety (90) consecutive calendar days during the term of this Agreement;

(3) The failure of Designated Deputy to carry out any of the major duties of his/her position as listed in Section II above. In such event, District will provide employee with ninety (90) days' notice of termination;

(4) The decision of District to terminate Designated Deputy for any reason not specifically prohibited by state or federal law other than those reasons set forth in IV.A.(1) through (3) and IV.A.(5) through (11);

(5) Any act of proven fraud or dishonesty on the part of Designated Deputy;

(6) The decision of Designated Deputy to terminate his/her employment;

(7) Violation of Administrative Code Section 40, Code of Ethics, Section 40.1,
Solicitation of Gifts;

(8) Failure to meet the goals and objectives established in this Agreement in a timely manner;

(9) Conviction of a criminal act involving moral turpitude or dishonesty;

(10) Use and/or possession of illegal drugs or controlled substances on District
property or District time;

(11) Being under the influence of alcohol, illegal drugs or controlled substances on District property or District time.

The above provision does not create a property interest for Designated Deputy.

B. Severance. In consideration of Appointing Authority having the right to terminate Designated Deputy pursuant to Paragraph A(4), if Designated Deputy is terminated by the District pursuant to Paragraph A(4) or Designated Deputy terminates his/her employment because the Appointing Authority decides to significantly change Designated Deputy's job responsibilities as defined in Section II, Duties of Designated Deputy (a change in organizational structure or reporting relationship, in and of itself, does not constitute a significant change of Designated Deputy's job responsibilities as defined herein and in Section II, Duties of Designated Deputies), or to reduce Designated Deputy's salary or other financial benefits by a greater percentage than an applicable across-the-board reduction for the majority of management employees, and such decision by Appointing Authority is in writing, Designated Deputy shall be entitled to receive three months of severance pay; however, at such time as Designated Deputy has completed five years of service with the District, he/she shall be entitled to receive six months of severance pay.

(1) Severance pay shall include payment of full salary, payment of life, health, dental, and other District-paid insurance premiums, and payment for retirement contribution. Severance pay shall not include accrual of sick leave and/or vacation or any other benefits during the severance pay period. Designated Deputy may elect to receive severance compensation in one lump sum or, with the District’s consent, in biweekly payments throughout the severance period. In the event Designated Deputy elects to receive a lump sum payment of severance he or she will receive a lump sum payment equal to the contribution the District would have made on behalf of the Designated Deputy for insurance and retirement for the term of the severance period. Any lump sum payment for severance pay will be paid with the Designated Deputy’s final paycheck or, if not practicable to the District, on the subsequent pay day. Should the Designated Deputy elect to receive severance pay in biweekly payments, and the District consents thereto, the District will pay contributions for insurance and retirement benefits directly to the insurance and retirement benefit providers. The District shall not incur any liability for interest to Designated Deputy on severance pay when the Designated Deputy exercises the option to accept biweekly severance payment for the severance pay period.

(2) A Designated Deputy may take, in a lump sum at the time of his/her termination, payment for any unused vacation, sick leave, and/or other leave time paid to management employees at termination. However, if Designated Deputy elects to receive, and the District agrees to permit Designated Deputy to receive, severance pay in biweekly payments for the severance pay period all such unused vacation, sick leave, and/or other leave time will be paid in a lump sum to Designated Deputy at the end of the severance period. The District shall not incur any liability to Designated Deputy for interest on such accrued vacation, sick leave, and/or other leave time that is not paid to Designated Deputy until the end of the severance pay period.

(1) Severance is in recognition of past service since the District has decided to terminate or not to renew Designated Deputy's contract. Severance shall not apply to any Designated Deputy who is terminated for reasons set forth in Paragraphs 1, 2, 3, 5, 6 (except as set forth herein), 7, 8, 9, 10, and 11.

(2) If Designated Deputy has five or more years of service with the District and is entitled to receive severance pay, he/she also shall be entitled to request out-placement services. If Designated Deputy elects to receive severance payments throughout the severance period, Designated Deputy may request outplacement services at any time during the severance period. District will pay for these services in an amount not to exceed ten percent of Designated Deputy's annual salary. The Designated Deputy may select the outplacement firm, which shall be an established firm whose business is to secure positions in the Designated Deputy’s employment field. The Designated Deputy’s selection of an outplacement firm is subject to approval by the District. Any payment made by the District in accordance with this contract will be made directly to the outplacement firm.

V. ENTERING INTO SUBSEQUENT NEW AGREEMENTS

The decision to enter into any subsequent new agreement shall be left to the sole discretion of the District. The execution of this contract does not create an obligation of the District to renew it.

Should either party desire to negotiate an extension or modification of this Agreement, the party shall give written notice to the other party by no later than three month(s) prior to the expiration of the Agreement. Appointing Authority or his/her designated representative shall meet with Designated Deputy or his/her designated representative for the purpose of renegotiating this Agreement. Should the parties fail to reach a written agreement, this Agreement shall expire on its termination date unless extended by mutual agreement in writing of Appointing Authority or his/her designated representative and Designated Deputy or his/her designated representative.

If the District fails to enter into a new Agreement, Designated Deputy will receive severance pay in accordance with paragraph IV.B. hereinabove unless the failure to enter into a new Agreement is caused by Designated Deputy's refusal to agree to the District's proposed terms and conditions of a new employment agreement, the terms of which are at least equal to or better than the terms and conditions of this or any extension of this Agreement.

VI. MISCELLANEOUS

A. The Appointing Authority acknowledges that he/she has the necessary capacity and authority to enter into this Agreement on behalf of the District. The Designated Deputy acknowledges that he/she has the necessary capacity and authority to enter into this Agreement on behalf of himself/herself.

B. This Agreement constitutes the sole and entire Agreement between the District and Designated Deputy and supersedes all previous representations, understandings, and/or agreements, whether oral or written, between District and Designated Deputy.

C. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of any such provision, nor prevent such party thereafter from enforcing such provision or any other provisions of this Agreement. The rights granted both parties herein are cumulative and the election of one shall not constitute a waiver of such party's right to assert all other legal remedies available under the circumstances.

D. The provisions of this Agreement are severable, and if any provision of this Agreement shall be held to be invalid or otherwise unenforceable, in whole or in part, the remainder of the provisions, or enforceable parts thereof, shall not be affected thereby.

E. The rights and obligations of District under this Agreement shall be binding upon the successors and assigns of the District.

F. Whenever the masculine gender is used in this Agreement, it shall be understood to refer to the feminine, and whenever the feminine gender is used in this Agreement, it shall be understood to refer to the masculine, unless specifically noted otherwise.

G. No modification, termination or attempted waiver shall be valid unless in writing, and signed by the party against whom such modification, termination or waiver is sought to be enforced.

H. This Agreement shall be interpreted in accordance with and under the laws of the State of California.

Executed at Diamond Bar, California on the 8th day of January, 1999.

SOUTH COAST AIR QUALITY DESIGNATED DEPUTY

MANAGEMENT DISTRICT

By:____________________________ By:____________________________

Barry R. Wallerstein, D.Env. Vinita Chand Mathur, Ph.D.

Executive Officer

APPROVED AS TO FORM:

Peter M. Greenwald, General Counsel

By_____________________________

EXECUTIVE MANAGEMENT AGREEMENT
between
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
and
DESIGNATED DEPUTY
Director of Information Management

WHEREAS, the District is a governmental agency organized and formed pursuant to the laws of the State of California; and

WHEREAS, the Appointing Authority is defined as Executive Officer; and

WHEREAS, Health and Safety Code Section 40481 specifically provides for Designated Deputy to serve at the pleasure of the District Board; and

WHEREAS, Health and Safety Code Section 40482 provides that the District Board may delegate such authority as it deems appropriate to the Appointing Authority; and

WHEREAS, the District Board has delegated its authority to terminate the services of Designated Deputy; and

NOW, THEREFORE, in consideration of the mutual promises herein contained, District and Designated Deputy agree as follows:

I. TERM OF AGREEMENT

A. District employs Designated Deputy, for the position of Director of Information Management for the term of approximately three years, commencing February 1, 1999 and terminatingJuly 31, 2002.

B. Designated Deputy shall initially receive a base salary of $102,735 Agreement, with a percentage increase in the second year over the first year's base salary equivalent to the percentage increase for management class employees as approved by the Board. In the third year of this Agreement, the percentage increase over the second year's base salary likewise will be percentage increase for management employees as approved by the Board. and shall receive a percentage increase equivalent to the percentage increase for management class employees as approved by the Board. If the Board grants management employees more than one pay increase within a 12-month period, "equivalent to the percentage increase for management class employees" shall mean the same percentage increase granted the same number of pay periods apart as given to management employees. Designated Deputy shall be subject to the same furlough provisions under Salary Resolution Section 27d as management employees who are not designated deputies. The term "base salary" shall not include any benefits that the Designated Deputy shall receive under the terms of this agreement. In addition, the District shall provide a pay for performance plan. This plan would encompass performance expectations and a performance payment up to 12% for above-standard to outstanding performance as recommended by the Executive Officer with approval of the District Board. Said annual salary shall be less federal and state taxes which are also applicable to other employees of the District and shall be payable every two weeks commencing on the first applicable payday following Board approval of this Agreement.

C. Designated Deputy shall participate in the San Bernardino County Employees' Retirement Association. District shall contribute the same percentage of Designated Deputy's base salary on behalf of Designated Deputy to the San Bernardino County Employees' Retirement Association as it contributes for management employees. adjustment during the course of this Agreement only if the employer contribution rate changes for other management employees at the District as a result of the implementation of an actuarial study or other action initiated by San Bernardino County Employees' Retirement System. In such case, the District shall contribute the same percentage of base salary on behalf of the Designated Deputy as it does for all other management employees who are active members of San Bernardino County Employees' Retirement System. The District's obligation to contribute for Designated Deputy's retirement shall be for the term of this Agreement unless Agreement is terminated by either party.

(3) Health Insurance. Designated Deputy may choose to participate in any health insurance plan offered by the District and is subject to all of the terms and conditions of the insurance contract with the provider chosen. Designated Deputy may choose "family" coverage and District agrees to pay a maximum monthly contribution sufficient to permit Designated Deputy to have "family" coverage, without necessitating employee contribution, in accordance with prevailing District policy for management employees. Deputy may choose to participate in either Health Net Plan, Kaiser Health Plan, or Blue Shield Health Plan during the term of this Agreement. If the Health net Plan is selected, Designated Deputy must use physicians who are a part of the Health Net provider group and Designated 'Deputy is subject to all of the terms and conditions of the insurance contract with Health Net. If the Kaiser Health Plan is selected, Designated Deputy and his/her dependents must use Kaiser hospitals and physicians except in life-threatening emergencies as provided in and subject to the terms of the medical contract with Kaiser. If Designated Deputy wishes to use his/her own physician, he/she may choose to participate in the Blue Shield Health Plan and is subject to all of the terms and conditions of the insurance contract with Blue Shield. District agrees to pay a maximum monthly contribution for Blue Shield coverage sufficient to permit Designated Deputy to have "family" coverage or such equivalent health maintenance organization or indemnity plan as the District may institute from time to time, without necessitating employee contribution.

(4) Dental and Vision Care Insurance. Designated Deputy may choose to participate in any dental and/or vision care plan offered by the District and is subject to all of the terms and conditions of the insurance contract with the provider chosen. During the term of this Agreement the District agrees to pay the premium costs for the dental and/or vision care plans chosen in accordance with prevailing District policy for management employees. Plan. Under the Delta Dental Plan there are two options. Plan A has a $25 deductible and pays up to 85% for preventive and basic services. Plan B has a $50 deductible and pays up to 80% for preventive and basic services. Under either option, Designated Deputy may use his/her own dentist. Under the PMI Dental Plan, Designated Deputy must use one of the PMI panel dentists. The District agrees to pay the premium costs for one of the above-described dental plans during the term of this Agreement or such equivalent plan as the District may institute from time to time.

The District provides a vision care plan. Designated Deputy is entitled to participate in such plan. The District agrees to pay the premium cost for employee and one dependent in such vision care plan during the term of this Agreement or such equivalent plan as the District may institute from time to time.

6. Sick Leave. Designated Deputy shall accrue sick leave at the same rate per pay period as the management class of employees during the term of this Agreement and this sick leave shall accrue until this Agreement is terminated. Any District sick leave accrued as of the date of execution of this Agreement shall be carried forward under this Agreement. Upon leaving the service of the District for any reason, the Designated Deputy shall receive payment of 50% of all hours based upon his/her hourly rate up to a maximum of 720 hours.

Independence Day Christmas

Labor Day New Year's Day

Veteran's Day Martin Luther King's Birthday

Thanksgiving Washington's Birthday

Day after Thanksgiving Memorial Day

11. Other

c) Military Leave. If Designated Deputy is required to serve in the military, he/she shall be paid in accordance with California Military and Veterans' Code Section 395 et seq.

d) Deferred Compensation. On a voluntary basis, Designated Deputy is eligible to participate in the District's deferred compensation plan. Designated Deputy may exercise a right to increase his/her deferred compensation deduction as set forth in the Executive Management Agreement if the Designated Deputy does so in accordance with the rules of the administrator of the deferred compensation plan to take effect on an allowable pay period pursuant to said rules. (This might result in the Designated Deputy maximizing the employer contribution match for the calendar year.) term of this Agreement, the District shall fund a matching contribution equal to the Designated Deputy's contribution to a maximum of $3750 per year. Designated Deputy may defer a minimum of $10 per biweekly pay period, or a maximum of $7,500 (including District's matching contribution) per calendar year. Designated Deputy can also defer up to $15,000 per year during the last three calendar years of plan participation prior to retirement from District service, provided Designated Deputy has not deferred the maximum allowed from the date he or she became eligible for participation in the plan (catch-up provision). In no event will the District's contribution exceed $3,750 per year. During the term of this Agreement, the District shall fund a contribution equal to three times the Designated Deputy's contribution to a combined maximum permitted by law. Designated Deputy may defer a minimum of $10 per biweekly pay period up to the maximum permitted by this contract and the law per calendar year. Designated Deputy can also defer up to $15,000 per year during the last three calendar years of plan participation prior to retirement from District service, provided Designated Deputy has not deferred the maximum allowed from the date he or she became eligible for participation in the plan (catch-up provision).