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R 4553 RESOLUTION NO. 4553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEASUREMENT PERIOD FOR IMPLEMENTATION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT ("ACA") WHEREAS, The Patient Protection and Affordable Care Act ("ACA") was enacted on March 23, 2010; and WHEREAS, ACA added Section 4980H, Shared Responsibility for Employers Regarding Health Care Coverage, to Title 26 of the United States Code, the Internal Revenue Code (Section 4980H); and WHEREAS, Section 4980H imposes an assessable payment on an applicable large employer when (1) it fails to offer "substantially all" of its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage or offers coverage to "substantially all" of its full-time employees (and their dependents) that is "unaffordable" or does not provide "minimum value" and (2) any full-time employee is certified to the employer as having received a subsidy for coverage through the exchange ("Assessable Payment"); and WHEREAS, the City of Arroyo Grande ("the City") is considered an applicable large employer because it employed an average of at least 50 full-time employees (including full-time equivalents) on business days during the preceding calendar year; and WHEREAS, the Department of Treasury issued proposed regulations regarding Section 4980H, that permit the City to adopt the Look Back Measurement Method Safe Harbor ("Look Back Safe Harbor") in order to determine the status of an employee as full-time for purposes of determining and calculating the Assessable Payment (78 Federal Register 218, 243, January 2, 2013); and WHEREAS, the City hereby intends to adopt the provisions of the Look Back Measurement Method Safe Harbor in order to determine the full-time status of employees for purposes of the Assessable Payment. NOW THEREFORE, BE IT RESOLVED, by the City Council for the City of Arroyo Grande as follows: 1) The City establishes the Look Back Measurement Method Safe Harbor with regard to all ongoing employees as follows: RESOLUTION NO. 4553 PAGE 2 a. The City establishes a twelve (12) month standard measurement period for ongoing employees. b. Starting on December 1, 2013, a standard measurement period will start each year on December 1st, and end the following year on November 30th. c. The standard measurement period will be the period during which an ongoing employee's hours are measured. 2) When an employee takes special unpaid leave (i.e. unpaid leave under the Family and Medical Leave Act of 1993, unpaid leave under the Uniformed Services Employment and Reemployment Rights Act of 1994, or unpaid leave on account of jury to determine hours of service the City will compute the average after excluding any periods of special unpaid leave during the measurement period and apply that average for the entire measurement period. 3) The City establishes the Look Back Measurement Method Safe Harbor with regard to new variable hour employees as follows: a. The City establishes a twelve (12) month initial measurement period for each new employee. b. The initial measurement period will start the first day of the first calendar month after the start date, unless the start date is the first of a calendar month in which case the initial measurement period will start on that date. c. The administrative period shall start the day following the last day of the initial measurement period and shall end no later than the last day of the first calendar month beginning on or after the first anniversary of the employee's start date. d. The City establishes a twelve (12) month stability period associated with the initial measurement period. e. If the new variable hour employee does not measure as a full-time employee during the initial measurement period, the stability period associated with the initial measurement period must not exceed the remainder of the standard measurement period (plus any associated administrative period). RESOLUTION NO. 4553 PAGE 3 4) A new employee's hours will be measured during the first complete standard measurement period for which he/she is employed. This means that a new employee's status may be tested under an initial measurement period and at the same time be measured under the overlapping standard measurement period. On motion of Council Member Guthrie, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Costello, Brown, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12`h day of November 2013. RESOLUTION NO. 1553 PAGE 4 r TONY FER'e MAYOR ATTEST: I / _ KELLY WETM ',RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: ( J__ TIMOTHY J. CARMEL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4553 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 12th day of November, 2013. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of November 2013. KELLY W TM f' E, CITY CLERK