RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-03 (PAY AND BENEFITS FOR CITY EMPLOYEES) TO PROVIDE A FURTHER EXTENSION OF BENEFITS AND SUPPLEMENTAL SALARY FOR ARMED FORCES, NAVAL MILITIA OR NATIONAL GUARD RESERVISTS

            WHEREAS, there are currently employees of the City who are armed forces, naval militia or National Guard reservists who may be called to mandatory active duty to serve under the Executive Order 13223 issued on September 14, 2001; and

          WHEREAS, any such employees called to such mandatory active duty and their dependents would suffer a serious economic impact as a result of loss of employment income and benefits from the City;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT Section 3.550 of Resolution No. 145-03 is hereby amended to read as follows:

Section 3.550.  MILITARY RESERVISTS: EXTENSION OF BENEFITS AND SUPPLEMENTAL SALARY.

          (a)   A person is eligible for the benefits established in this section if he or she meets all of the following qualifications:

                 (1)   Was an active regular part-time or full-time employee of the City in Pay Plan Category A, B, C, D/E, F, G, K or L as of September 14, 2001;

                 (2)   Is a member of the Armed Forces, Naval Militia or National Guard as of September 14, 2001;

                 (3)   Is called to mandatory active duty per Executive Order 13223 issued on September 14, 2001;

                 (4)   Returns to City employment within 60 days after the end of mandatory active duty status; and

                 (5)   Remains as an employee of the City for at least six months following his or her return to City employment.

Eligible employees will be required to sign an agreement with the City which details their rights and obligations with respect to these benefits and supplemental salary prior to their initial receipt of benefits beyond the mandatory 30 days of benefits otherwise provided by law.  Employees who elect not to return to City service shall be required to repay the City for the cost of the supplementary salary and benefits plus interest at the 26-week T-bill rate at the time that the final supplementary compensation was provided and for the period that exceeded the mandatory 30 days of benefits otherwise provided by law.

          (b)   The City will continue to pay a bi-weekly check to eligible employees equal to base salary, plus any other compensation the employee would have received had he/she been actually working. The employee then will reimburse the City the amounts paid for military service plus allowances, including the Basic Allowance for Housing.

          (c)   Eligible employees will be required to send copies of their military pay stubs to the Department of Human Resources for purposes of reconciliation.  The payments will be reconciled by the Payroll unit of the Accounting Division of the Department of Finance.  If the Payroll unit has not received the copies within three weeks after the end of the month, future checks will be withheld until the information is provided.

          (d)   All employees receiving the benefits and supplemental salary under this section will be eligible to remain covered under their current retirement, medical, dental, employee assistance and vision plans for eligible employees for a period of 24 months (52 pay periods) after the initial 30 days' military leave are exhausted.  The City will provide eligible employees, along with the supplementary salary, the amount that the City currently contributes toward the benefits plans.  If the employee is currently paying a deduction toward these plans, the employee will continue to make those payments.

          BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT if there is any gap between the time of an individual employee's 30 days plus one year of extended benefits and the second year of extended benefits authorized by this resolution, the employee shall receive the extended benefits retroactively.  The maximum duration of the extended benefit is through June 30, 2005.

          Adopted by the City Council at a regular meeting held on May 4, 2004, by the following vote:

(SEAL)