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CITY OF DOVER, DELAWARE
SPECIAL GENERAL EMPLOYEE PENSION PLAN BOARD
Thursday, July 01, 2021 at 2:00 PM
Virtual via WebEx
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/pnisao
Event number: 173 841 2235
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
ADOPTION OF AGENDA
1. Request for Unreduced Pension
(In accordance with Chapter 80 - Personnel, Article IV - Pension Plans and Retirement
Benefits (Except Police) - Division 3 - General Employee Pension Plan - Section 80-509(b) -
Death of participant, etc.
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
AGREEMENT
BETWEEN
DOVER ORGANIZATION OF EMPLOYEES
AND
THE CITY OF DOVER, DELAWARE
JULY 1, 2018 – JUNE 30, 2021
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Item 1.
TABLE OF CONTENTS
ARTICLE TITLE PAGE
PREAMBLE 3
1 PURPOSE OF AGREEMENT 3
2 RECOGNITION 3
3 ORGANIZATION REPRESENTATIVES 3
4 MANAGEMENT 4
5 NO DISCRIMINATION 5
6 WORK DAYS AND WORK WEEK 5
7 REST PERIODS (BREAK) 6
8 SEVERE WEATHER EMERGENCY 6
9 MEALS DURING SEVERE WEATHER EMERGENCIES 6
10 OVERTIME 6
11 HOLIDAYS 7
12 VACATIONS 8
13 VACATION SELL BACK 9
14 SICK LEAVE 9
15 BEREAVEMENT LEAVE 10
16 FAMILY EMERGENCY 11
17 SALARIES 11
18 ON CALL & CALL IN PAY 11
19 SHIFT DIFFERENTIAL PAY 12
20 LONGEVITY PAY 13
21 HEALTH CARE INSURANCE PAYMENTS 13
22 VISION PLAN 14
23 DENTAL PLAN 14
24 RETIREMENT HEALTH CARE INSURANCE PAYMENTS 14
25 SHORT-TERM DISABILITY 16
26 COST OF LIVING INCREMENT 16
27 401a RETIREMENT CONTRIBUTION 16
28 TERMINAL LEAVE 17
29 SAFETY SHOES, UNIFORM SHOES & UNIFORMS 17
30 CONTRACTING OUT 18
31 JOB OPENINGS AND PROMOTIONS 19
32 SENIORITY 19
33 PERSONNEL FILES 20
34 REDUCTION IN FORCE 20
35 GRIEVANCE PROCEDURE 21
36 STRIKE CLAUSE 22
37 DUES DEDUCTION 23
38 FUNDING 23
39 FAILURE IN PERFORMANCE OF DUTIES 24
40 ISSUANCE OF DISCIPLINE 24
41 GPS 24
42 ZIPPER CLAUSE 24
43 TERMINATION OF THE AGREEMENT 24
44 NOTICES BETWEEN DOE AND THE CITY 25
45 SEVERABILITY CLAUSE 25
46 PRECEDENCE OF AGREEMENT 25
APPENDIX A JOB TITLES/GRADE ASSIGNMENT 27
APPENDIX B SALARY/PROGRESSION TABLE July 1, 2018 –June 30, 2019 28
APPENDIX C SALARY/PROGRESSION TABLE July 1, 2019 – June 30, 2020 29
APPENDIX D SALARY/PROGRESSION TABLE July 1, 2020 – June 30, 2021 30
APPENDIX E GENERAL EMPLOYEES PENSION PLAN 32
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Item 1.
AGREEMENT
THIS AGREEMENT, made and entered into this 28 day of September, 2018, by and between THE CITY
OF DOVER, a municipal corporation of the State of Delaware, hereinafter referred to as the "City" or as the
"Employer," and Dover Organization of Employees, hereinafter referred to as the "Union" or DOE. The
term of this Agreement shall be from July 1, 2018 to June 30, 2021.
1. PURPOSE OF THE AGREEMENT
The purpose of this agreement is to achieve better understanding between the employer and the employees;
and to provide for the equitable adjustment and successful resolution of differences which may occur
between Employer and Employees.
2. RECOGNITION
The City recognizes Dover Organization of Employees (DOE) as the exclusive bargaining representative of
the unit certified by the State of Delaware Department of Labor, Division of Industrial Affairs, under
Chapter 13, Title 19, Delaware Code under case number 194 including any subsequent amendments and job
title changes. Included in such recognition are all full-time and part time employees who work twenty (20)
hours or more per week included in the job classifications as set forth in appendix "A". Excluded from
representation are all Confidential, Professional, Supervisory or Managerial employees; Temporary
employees, guards, part time employees who work less than 20 hours per week (except those who work in
the Library Clerk I and Library Page classifications), or who are not permanently employed.
The City is to provide the DOE President a monthly report with the names and job title of all employees who
have been placed in, or separated from, the classifications represented by DOE.
3. ORGANIZATION REPRESENTATIVES
A written list of the Union Representatives shall be furnished to the employer immediately after their
designation and the Union shall notify the employer of any changes in the list which occur from time to time.
Time spent by Union Representatives in handling grievances or attending meetings with City
Representatives shall be without loss of pay provided Union Representative notifies his/her Department
Head and provided that such time does not exceed two (2) hours per week. Time spent by Union President
and/or Vice President in handling grievances or attending meetings shall not be subject to the two-hour limit
provided the Department Head is notified and such time is reasonable. Coordination with the President’s
and/or Vice President’s supervisor is required. Union Representatives will notify their Department Head and
Human Resources in writing of actual time spent on union business.
Union Bulletin Boards will be added to the following work areas for accessibility for Union Members and
maintained by the Chief Steward. These bulletin boards will be secured boards with sliding glass doors and
be able to be locked. Keys for these bulletin boards will be held by both the Union and the Human
Resources Department and all postings must be approved by Human Resources prior to posting.
The cost of these boards will be shared 50%-50% by the City and the Union.
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Areas for Union bulletin boards will be as follows:
1. City Hall 6. Water Treatment
2. Reed Street 7. Facility Maintenance
3. Police Department 8. Grounds
4. Warehouse Break Room 9. Firehouse Station #1
5. Library
Representation from the Union will be included on a Safety Committee, for DOE represented employees
when a program is implemented by the City.
Changes in working conditions must be negotiated with a Union Representative before implementation.
4. MANAGEMENT
The management of the City of Dover and the direction of all department personnel, including the right to
hire, assign, set standards, suspend, transfer, promote, discharge, or discipline for violation of the rules and
regulations of the department, duly promulgated, providing for such discipline, and to maintain the discipline
and efficiency of its members; the right to relieve members from assignments for legitimate reasons; the
right to determine the manner of operation, and to change the methods or processes, or to use new
equipment; the right to establish schedules; to introduce new or improved methods of operation; and to
extend, limit, or curtail its operation, is vested exclusively in the City Manager. The above statement of
management functions shall not be deemed to exclude other functions not listed herein. In no case shall the
exercise of the above prerogatives of management be in derogation of the terms and conditions of this
agreement or of State Law.
For the purpose of the implementation of any provision of this agreement wherein the authority is vested in
the City Manager, the City Manager may designate any member of his staff to act in his behalf.
It is understood that the scheduling of Dover Police Department employees is set by the Chief of Police and
that nothing in this agreement negates that authority. The Chief of Police retains “the right to establish
schedules” and is not obligated to permanently maintain the Police Communication Operators schedule or
any other schedule.
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5. NO DISCRIMINATION
The parties to this Agreement agree that they shall not discriminate against any person because of race,
marital status, genetic information, color, sex, sexual orientation, age, religion or national origin in
accordance with Title 19, Labor, Chapter 7, Employment Practices of the State of Delaware Code: and such
persons shall receive the full protection of this Agreement.
6. WORK DAYS AND WORK WEEK
The basic work schedule for the City shall be five (5) days per week from Monday to Friday inclusive with
the exception of the Library. Eight (8) hours of work shall constitute a normal work day and forty (40) hours
of work shall constitute a normal work week. For payroll purposes, the work week begins on Sunday at
12:01 a.m. and ends on Saturday at 12:00 a.m. (midnight).
The workday for Police Communications Operators assigned to 12 hour shifts shall be considered the day
the shift begins. Each dispatcher will be scheduled off for a single 4-hour block during the pay period, either
at the beginning or end of the assigned shift, unless requested otherwise by the dispatcher for hardship and
with management’s approval. If this 4-hour block cannot be accomplished reasonably within the pay period,
the resulting 4 hours will not be paid in overtime but will instead be compensated with an additional 4 hours
off with straight pay in the following pay period. For purposes of determining Holiday worked as it relates
to the pay versus vacation option, a dispatcher will be considered to have worked the holiday only if their
regular shift begins on the calendar day of the City recognized holiday. Any regular shift hours worked on a
holiday will be paid at straight time. The 8-hour city holiday benefit pay shall count towards total hours
worked for the pay period. A day for pay purposes is 8 hours regardless of the dispatcher working an 8-hour
or 12-hour day.
In 2001 the Police Chief agreed to implement twelve (12) hours shifts for Communication Operators
(Police). It is understood that the schedule of Dover Police Department is set by the Chief of Police. The
Chief of Police retains “the right to establish schedules” and is not obligated to permanently maintain this or
any other schedule.
A shift employee is defined as an employee who works at a job which is operated on a rotating twenty-four
(24) hour per day, seven (7) day a week basis. Shift employees work eight (8) hour shifts except in fire
dispatch, Communication Operators and the Water Treatment Plant.
All City employees are expected to be at their assigned place and ready for work at the start of the work day.
Lateness, for justifiable reasons, will be excused, but habitual tardiness will not. Prior arrangements for
planned absences must be made with the employee's supervisor.
The City Manager is empowered to adjust work schedules as he/she deems necessary in the best interest of
the City. If substantial changes are made, management agrees to consult with DOE.
The City will maintain a bi-weekly pay period with Friday as payday. If payday falls on a holiday, payday
will be Thursday.
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7. REST PERIODS (BREAK)
The City authorizes two (2) fifteen (15) minute breaks per normal work day in addition to lunch hour or
lunch one-half hour, depending upon the area worked in. These fifteen (15) minute breaks should not be
abused and must be taken at a time that will not disrupt the operation of the job function. The supervisor
shall have the authority to assign a break time if necessary, as well as a lunch period.
8. SEVERE WEATHER EMERGENCY
In the event of a severe weather emergency, and the City Manager puts liberal leave into effect, employees
not on the Essential Personnel List will have the option of using vacation, comp time or leave without pay
when leave is exhausted to cover the normal working hours missed as a result of the weather emergency.
If a decision is made to close City Hall Offices during the normal work week, Monday through Friday, and
the City elects to pay employees for the normal work day or part thereof, all DOE bargaining unit members
understand they may be required to work and will be compensated at the rate of one and one-half (1 1/2 x)
times their regular rate of pay for hours worked. This pay will be in addition to their normal rate during the
normal work day for total compensation paid at double time and one-half (2 1/2 x). All DOE bargaining unit
members who are part of an emergency plan will provide a current telephone number where they may be
contacted during the emergency. Work performed outside of normal working hours will continue to be
compensated at the normal overtime rate of one and one-half time (1 1/2 x).
The operating hours of the library on the weekend will be taken into consideration when determining if the
City will close due to severe weather.
9. MEALS DURING SEVERE WEATHER EMERGENCIES
In the event of a severe weather emergency, the City will provide DOE employees listed on the weather
emergency plan who work and work a minimum of at least 10 continuous hours with either (1) a meal at a
local establishment of the City’s choice or (2) a $10 non-taxable meal allowance which will be paid via petty
cash within 14 days of the last date of the severe weather event. The City of Dover will have the sole
decision on which option is chosen.
10. OVERTIME
Employees shall be paid time and one half (1 &1/2) their regular hourly rate for all hours worked in excess
of eight (8) hours per day and/or forty (40) per week; except that employees scheduled to work flex shifts or
regular ten hour shifts shall receive overtime pay for hours worked in excess of their normal daily shift
and/or for all hours worked in excess of forty (40) per week.
Overtime compensation for Police Department Communication Operators working the 12-hour schedule
shall be paid time and one-half (1-1/2) the regular straight time rate for hours worked in excess of the
scheduled 12-hour shift as well as forty (40) hours each week.
No pyramiding of overtime will be permitted, i.e. there shall not be payment of more than one premium rate
for the same hours of over time.
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For the purpose of computing overtime pay, time spent on holidays, comp time and earned vacation time
shall be considered as hours worked by employees required to work scheduled overtime.
Lost time due to general leave, personal business, unexcused absence and lateness shall not be considered as
hours worked.
Hours worked on a city recognized holiday shall be paid at time and one half in addition to holiday pay
received. All overtime must be authorized by the department manager prior to working overtime hours
except in the case of an emergency at which time the overtime may be authorized by the employee's
supervisor.
A minimum of three hours’ overtime pay will be paid to Police Communications Operators and Fire
Dispatchers, and Police Code Enforcement Personnel who are subpoenaed for court appearances during non-
working hours, except as follows:
Police communications operators assigned to 12-hour shifts will be paid a two (2) hour minimum for court
appearances scheduled prior to 11:00 AM that occur on off duty time during the calendar day that the
dispatcher is scheduled to report for night shift. Any time worked 11:00 AM or after is subject to
rescheduling at management’s discretion. Subpoenas for a time of 11:00 AM or later are not subject to the
two (2) hour minimum.
This article is intended to define the normal overtime policy in effect at the time of the execution of this
agreement. Consistent with Section 6, Work Days and Work Week, nothing contained herein shall be
construed as preventing the City from restructuring the normal work day or work week as deemed necessary
to provide service. This may include flex hours for an individual or ten hour days. In such cases the standard
shall be time and one half for all hours in excess of 40 hours in a week. Except in Emergency cases, should
such changes be necessary the city will provide at least 24 hour advance notice to affected employees.
Compensatory Time
Effective July 1, 2018 employees will be permitted to accumulate a maximum of forty (40) hours of
compensatory time. Employees with a balance greater than forty (40) hours on July 1, 2018 will be
permitted to maintain their balance and use it. Upon reaching a balance of forty (40) hours, the employee
cannot accumulate any compensatory time beyond forty (40) hours.
11. HOLIDAYS
The following days shall be considered to be paid holidays:
New Year’s Day Labor Day
Martin Luther King, Jr.’s Birthday Veteran’s Day
President’s Day Thanksgiving Day
Good Friday Friday after Thanksgiving
Memorial Day Christmas Day
Independence Day
When a holiday falls on a Saturday a paid holiday will be granted on Friday. When a holiday falls on a
Sunday, a paid holiday will be granted on Monday.
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All regular employees shall receive a normal day’s pay for each of the recognized holidays even when they
do not work on such holiday. Employees who are required to work on a holiday shall receive holiday pay
plus pay at one and one half the regular rate for actual hours worked.
An employee who is on an authorized vacation during a holiday period shall not be charged a vacation day
for the holiday. In all other cases, to receive holiday pay an employee must have worked the regular
scheduled work day before and after the holiday, or have been on an approved time off with pay absence.
Holidays are considered as hours worked for payroll purposes.
12. VACATIONS
Vacations shall be earned as follows:
Employees with less than six (6) months of service will accrue one (1) day per month vacation credited upon
successful completion of six (6) months of employment after which vacation shall be accrued as follows:
Each full-time regular employee with more than six (6) months of service and fewer than eight (8) complete
years of service shall earn vacation leave at the rate of one and one quarter (1 ¼) day per completed month of
service.
Each full-time regular employee with eight (8) completed years of service but less than fifteen (15) complete
years of service shall earn vacation leave at the rate of one and three quarter (1 ¾) days per completed month
of service.
Each full-time regular employee with fifteen (15) complete years of service but less than twenty (20)
complete years of service shall earn vacation leave at the rate of two (2) days per month of service.
Each full-time regular employee with twenty (20) or more complete years of service shall earn vacation leave
at the rate of two and one quarter (2 ¼) days per month of service.
Part-time regular employees working thirty (30) hours or more per week shall accumulate vacation leave at
one-half (1/2) the rate of full-time employees. Part-time regular employees working less than thirty (30)
hours per week shall not be eligible for vacation leave. For the purposes of this section, a completed month
is any month in which an employee works or is on leave with pay at least one-half (1/2) the work days.
Upon implementation by other employee groups, leave will be recorded in 15 minute blocks.
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13. VACATION SELL BACK
A regular employee may, during the month of December, sell back to the City unused vacation leave earned
by the employee since the prior December in accordance with the following schedules:
Regular Full Time
# of vacation days # of days
earned per year eligible to sell
15 5
21 5
24 10*
27 10*
Eligible Regular Part Time
# of vacation days # of days
earned per year eligible to sell
7.5 2.5
10.5 2.5
12 5
13.5 5
The payment in lieu of vacation shall be made only in December of each year and shall be deducted from the
current calendar year’s unused vacation leave. The employee will be paid based on his or her base salary
plus cost of living increases and longevity increases at the date of the issuance of the pay back check.
This pay shall be optional. The employee must request in writing to the employee’s department head, prior
to the submission of his/her department’s annual preliminary operating budget to the City Manager to
reserve the option of pay in lieu of vacation in the budget.
Pay in lieu of vacation shall not be considered pay for pension purposes. No employee pension contributions
will be deducted, the City will not make pension contributions based on the pay and the pay shall not be used
to compute pension benefits.
*With the November 2018 payment, employees will be permitted to sell back only 40 hours of vacation.
Following the November 2018 payment, vacation sell back will be eliminated.
14. SICK LEAVE
A. Sick leave with pay is not a right which an employee may demand but a privilege granted by the City
for the benefit of an employee. Sick leave may be granted to an employee absent for work for any of
the following reasons: sickness, bodily injury, required physical or dental examinations or treatment,
exposure to contagious disease when continuing to work might jeopardize the health of others and
for the well care of the immediate family residing in the employee’s principle place of residence.
B. Each Department Head may establish an appropriate written notification policy for their department
that will best serve the City’s interest. Unless modified by the Department Head, notification of the
desire to use sick leave should be submitted to the employee’s supervisor prior to the shift whenever
possible, but certainly never later than one half hour after the beginning of the scheduled start time.
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Shift workers must notify the on-duty supervisor/employee at least one hour prior to the beginning of
their shift. Persons failing to give adequate advance notice will be considered absent without leave
and pay will be withheld.
C. A physician’s certificate is required for an employee who is out over three (3) consecutive working
days unless waived by the Department Head. In all cases, a sick leave request must be submitted by
the employee and approved by the supervisor. Excessive absenteeism, tardiness, or the abuse of sick
leave will continue to be just cause for progressive disciplinary action.
D. Sick leave shall be accumulated at the rate of one (1) day per month of service or twelve (12) days
per completed year of service for full time regular and probationary employees. Sick leave shall be
earned in any month in which an employee shall have worked or shall have been on leave with pay
for at least one-half (1/2) of the scheduled workdays. Effective 07/01/2000 the maximum number of
sick days an employee may accrue is unlimited.
E. Part time employees shall earn sick leave in any month in which they have worked or have been on
leave with pay for at least one-half (1/2) of the scheduled workdays. Part-time regular employees
who work thirty (30) or more hours per week shall accumulate sick leave at one half the rate of full
time employees.
F. Sick leave shall be taken by eligible employees in minimum increments of one half (1/2) hour. Upon
implementation with other employee groups, sick leave shall be recorded in 15 minute increments.
The use of sick leave may require verification by the City from the first hour used as deemed
appropriate by the Department Head. Excessive absenteeism, tardiness, or the abuse of sick leave
will continue to be just cause for progressive disciplinary action.
G. For the purposes of Police Communications Operators assigned to 12-hour shifts, all references to
accruement of sick time, vacation time, bereavement time, and any other reference to a “day” worked
shall remain the same as the original contract with the understanding that the term “day” refers to 8
hours and not 12.
15. BEREAVEMENT LEAVE
Bereavement leave shall be granted to all regular employees and probationary employees who are regularly
scheduled to work 30 hours or more per week and Library Clerk I and Library Page who work less than 30
hours per week who experience a death of a member of the employee’s immediate family. Upon request, the
employee may be granted up to three (3) scheduled working days leave with pay. If the funeral is more than
four hundred (400) miles from the City, the employee shall be granted up to five (5) scheduled working days,
with pay, not charged to any leave balance, to arrange for and/or attend the funeral service or related matters.
Bereavement leave may only apply for days used in accordance with the employee’s regular schedule.
Immediate family is defined for the purpose of this section as spouse, mother, father, guardian, children,
sister, brother, grandparents, grandchildren plus the various combinations of half, step, in-law and adopted
relationships that can be derived from those named, in addition to significant other if not married or
separated from spouse, and any relative living with the employee.
The City reserves the right to request verification of the relationship and funeral location. Hours granted as
bereavement time shall be counted as hours worked for purposes of computing overtime and shall not be
charged as vacation leave if such occurs while the employee is on vacation.
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16. FAMILY EMERGENCY
In the case of a family emergency such as a death or illness, leave of absence without pay may be granted by
the City Manager without requiring the prior exhaustion of vacation leave.
17. SALARIES
Effective July 1, 2014, employees will automatically advance to the next step on July 1 of each year.
Effective July 1, 2018, all steps within the July 1, 2017 – June 30, 2018 salary/progression table will
increase by 50 cents.
July 1, 2018- June 30, 2019 Salary/Progression Table (Exhibit B)
Effective July 1, 2019, all steps within the July 1, 2018 – June 30, 2019 salary/progression table will
increase by 25 cents.
July 1, 2019- June 30, 2020 Salary/Progression Table (Exhibit C)
Effective July 1, 2020, all steps within the July 1, 2019 – June 30, 2020 salary/progression table will
increase by 25 cents.
July 1, 2020- June 30, 2021 Salary/Progression Table (Exhibit D)
A. Temporary upgrades are defined in the personnel rules and are to be granted after 20 continuous days
worked or 35 days worked in any 90-day period. Should there be another occasion in a twelve-
month period, the temporary upgrade in pay will take place after 10 days worked.
B. Library Pages hired on or after January 28, 2013 will be assigned to labor grade six (6). If the
minimum wage increases to a point where the increase would cause labor grade six (6) to exceed
labor grade seven (7), employees within labor grade six (6) will be placed in the same step in labor
grade seven (7).
18. ON CALL & CALL IN PAY
A. Employees who are scheduled for on-call service in any given week shall receive an additional seven
(7) hours of straight time pay over and above the normal hours worked in that week, even if the
employee is not called out. The on-call pay provided for herein shall be calculated into the
employee’s overtime rate and included in pension calculations.
B. In addition to the on-call pay provided above, the paid call out time shall be a minimum of two hours
at the employee’s applicable rate of pay, for each separate call-out. Only when an employee has
returned home and is again called out shall it be considered a separate call-out. The minimum two-
hour call out pay shall not apply if an employee is called into work within one (1) hour before the
employee’s normal starting time and the employee continues working into the normal shift. In this
situation, the employee shall only receive one (1) hour on-call compensation.
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C. Any trading of on-call duty between employees must be approved, in writing, by the supervisor of
the employee who was originally assigned for duty. Trading of on-call assignments for less than the
full week shall not alter the method by which payroll will compensate only the original employee
who was assigned for that week.
D. Any employee assigned to on-call duty, who is found to be unavailable when called at the number
listed with the Dispatch Center of his/her department, will be subject to disciplinary action by the
department head.
E. Employees who are subject to call-out shall be responsible to assure that his/her phone number listed
in the appropriate Dispatch Center is correct and current at all times.
F. Any employee who is not assigned to be on-call, but who is called in to work before, or called back
to work after, the normal hours of his/her shift, shall be guaranteed a minimum of two (2) hours of
overtime unless the employee is called into work within one (1) hour before the employee’s normal
starting time and the employee continues working into the normal shift. In this situation, the
employee shall only receive one (1) hour overtime compensation.
G. Sections A and B above shall not be applicable to Communication Operators assigned to 12 hour
shifts, however that portion of Section B referring to the two (2) hour minimum pay per call out shall
apply as well as the one (1) hour minimum.
When employees are required to perform work for special work assignment, ie: trash pick-up on Tuesday
evenings and watering of flowers on weekends, the two-hour minimum will apply.
19. SHIFT DIFFERENTIAL PAY
Shift differential pay shall be granted to any full time regular employee assigned to work a rotating shift, or
the evening or night shift for an extended period of time. Periodic and/or occasional evening or night shift
assignments or off shift work by part time or temporary employees does not qualify an employee for shift
differential pay.
In addition to the above the City of Dover agrees to pay shift differential to full time employees scheduled to
flush the City’s water system. Shift differential will apply for all employees who are assigned to flush the
City’s water system for five (5) consecutive shifts or more during a pre-approved work schedule. This altered
work schedule is being assigned to facilitate improvements to the City’s water quality and will continue
indefinitely. Periodic and/or occasional off shift work as outlined above does not qualify an employee for
shift differential.
The amount of shift differential pay shall be calculated for each hour actually worked subject to the
following schedule:
Day Shift (8:00 a.m. - 4:00 p.m.) 0 cents per hour
Evening Shift (4:00 p.m. - Midnight) $1.00 per hour
Midnight Shift (Midnight - 8:00 a.m.) $1.00 per hour
This shift differential shall not become part of base pay and shall be paid biweekly.
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20. LONGEVITY PAY
A. The amount paid for longevity pay shall be 10 cents per hour, as listed below:
Longevity pay is added to base pay therefore it is computed on actual hours worked and used in the
calculation of overtime premium. Longevity Pay shall apply to all regular employees, working twenty or
more hours per week, who were hired prior to July 1, 1980. Persons hired after this date are not eligible for
longevity pay.
B. Upon completion of 9, 12, 15, 20, and 25 continuous years of service employee shall receive an
appropriate adjustment in base pay.
Number of years Hourly /Weekly Amount of Increase
of continuous service
9 10/hr. 4.00/wk
12 .20/hr 8.00/wk
15 .30/hr 12.00/wk
20 .40/hr 16.00/wk
25 .50/hr. 20.00/wk
The longevity amounts are not cumulative.
21. HEALTH CARE INSURANCE PAYMENTS
The City participates in the State of Delaware Group Health Insurance Program and employees are entitled
to select their desired level of coverage from the options available thereunder.
The City shall notify the Union if it desires to leave the State of Delaware Group Health Insurance
Program during the term of this Agreement. The parties shall then enter into negotiations. In the event
that the parties are unable to reach agreement, the parties agree to submit all unresolved issues to the
dispute resolution services offered by the Delaware Public Employment Relation Board, including
binding interest arbitration.
For employees who are hired prior to December 22, 2015 the City will pay 85% of the total monthly
insurance premium regardless of plan or tier (employee, child(ren), spouse or family) coverage. The
employee will pay 15% of the total monthly insurance premium regardless of plan or tier (employee,
child(ren), spouse or family) coverage.
For employees who are hired on or after December 22, 2015 the City will pay 80% of the total monthly
insurance premium regardless of plan or tier (employee, child(ren), spouse or family) coverage. The
employee will pay 20% of the total monthly insurance premium.
Part-time regular employees working thirty (30) or more hours per week, shall be eligible to enroll in the
City’s health insurance plan. However, the City’s share shall be one-half (1/2) that for full-time regular
employee (full-time is defined as forty (40) hours per week). Part-time regular employees working less than
the required number of hours shall not be eligible for the coverage.
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22. VISION PLAN
The City will provide a $10 deductible eye care plan for all DOE employees. This will be an insured plan
and is subject to the terms of the plan sponsor. Employees who are assigned to positions which require
safety glasses for work are to specify safety eye wear with side shields when purchasing glasses to be worn at
work.
Part-time regular employees working thirty (30) or more hours per week shall be eligible to enroll in the
City’s vision insurance plan. However, the City’s share shall be one-half (1/2) that for full-time regular
employee.
Part-time regular employees working less than the required number of hours shall not be eligible for the
coverage.
23. DENTAL PLAN
The City agrees to sponsor an optional, employee paid group dental plan. The City will solicit employee
representative input to any plan design changes.
24. RETIREMENT HEALTH CARE INSURANCE PAYMENTS
For Historical Purposes:
For employees who retire after September 1, 1991, the City shall pay 100% of individual employee monthly
premiums. Also, the City shall pay 75% of the retiree’s dependent coverage. The same arrangement will be
made for those who select the 401 retirement option and obtain the necessary age and length of service
required by the regular retirement options.
Employees hired after 7/1/94 who select early retirement, as defined by the regular pension plan, will not be
provided the benefit but may purchase health care at the City’s group rates.
Effective – January 31, 2010
For employees hired on or before July 1, 1994, the City shall pay 100% of the individual employee monthly
premiums. Also, the City shall pay 75% of the retiree’s dependent coverage.
Employees hired after July 1, 1994, the City shall provide retirement health care coverage for those
employees who retire directly from the City with unreduced pension payments subject to the following:
For the City employee/retiree the City will pay 100% of the individual retiree premium. Also the City will
pay 75% of the retiree’s dependent coverage.
The City of Dover’s General Employee Pension Plan ordinance as stated on July 1, 2007 shall determine
retirement eligibility and qualifications for a reduced or unreduced pension for all employees who occupy a
position that the DOE represents, regardless of the employee’s pension plan membership (Defined Benefit or
Defined Contribution).
“Retire directly from the City” shall be defined as no lapse in last date of employment and first date of
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retirement eligibility whether on such date employee is active or inactive. (Inactive defined as approved
leave of absence or terminal leave.)
Employees not eligible for health care upon retirement, shall be given the opportunity to purchase health care
at the City’s group rates.
If any change is made in the active employee’s cost-sharing formula as described above, the City will give
consideration to an identical change for existing retirees.
Effective - March 1, 2013
The City shall pay 100% of the individual employee monthly premiums and 75% of the retiree’s
dependent coverage for employees retired prior to or on May 31, 2013. Employees retiring after May 31,
2013 will be responsible for 15% of the total monthly premium for the health plan the retiree elects.
The City shall provide retirement health care coverage for those employees hired after July 1, 1994, who
retire directly from the City with unreduced pension payments subject to the following:
Employees retired after May 31, 2013 will be responsible for 15% of the total monthly premium for the
health plan the retiree elects.
The City of Dover’s General Employee Pension Plan ordinance as stated on July 1, 2007 shall determine
retirement eligibility and qualifications for a reduced or unreduced pension for all employees who occupy a
position that the DOE represents, regardless of the employee’s pension plan membership (Defined Benefit or
Defined Contribution).
“Retire directly from the City” shall be defined as no lapses in last date of employment and first date of
retirement eligibility whether on such date employee is active or inactive. (Inactive defined as approved
leave of absence or terminal leave.)
Employees not eligible for health care upon retirement shall be given the opportunity to purchase health care
at the City’s group rates.
If any reduction is made in the active employee’s cost-sharing formula as described above, the City will give
consideration to an identical change for existing retirees.
Conclusion of Historical information.
Current
The City shall pay 100% of the individual employee monthly premiums and 75% of the retiree’s
dependent coverage for employees who retired directly from the City with an unreduced pension and
retired prior to or on May 31, 2013.
Employees who are hired prior to December 22, 2015, upon direct retirement with an unreduced
pension, the City will pay 85% of the total monthly insurance premium regardless of plan or tier
(employee, child(ren), spouse or family) coverage. The employee will pay 15% of the total monthly
insurance premium.
Employees who are hired on or after December 22, 2015, upon direct retirement with an unreduced
pension, the City will pay 80% of the total monthly individual insurance premium. The City will not
contribute towards dependent coverage. The employee/retiree will have the option to purchase
dependent coverage under the City’s group rate plan at full cost to the employee/retiree.
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The City of Dover’s General Employee Pension Plan ordinance as stated on July 1, 2007 shall determine
retirement eligibility and qualifications for a reduced or unreduced pension for all employees who occupy a
position that the DOE represents, regardless of the employee’s pension plan membership (Defined Benefit or
Defined Contribution).
“Retire directly from the City” shall be defined as no lapses in last date of employment and first date of
retirement eligibility whether on such date employee is active or inactive. (Inactive defined as approved
leave of absence or terminal leave.)
Employees not eligible for health care upon retirement shall be given the opportunity to purchase health care
at the City’s group rates.
If any reduction is made in the active employee’s cost-sharing formula as described above, the City will give
consideration to an identical change for existing retirees.
25. SHORT-TERM DISABILITY
Sickness: The employee is entitled to up to fifty-two (52) weeks of short-term disability coverage. There is
an initial waiting period of seven (7) calendar days following the onset of an illness. During this seven (7)
day period no benefits are paid. The seven (7) day waiting period counts towards the fifty-two (52) weeks.
Off Duty Accident: There is no waiting period following an off duty accident. The employee is entitled to
up to fifty-two (52) weeks of short-term disability payments.
The disability benefit will be 70% of wages to a maximum of $400 per week.
Part-time regular employees working thirty (30) or more hours per week shall be eligible to enroll in the
City’s short-term disability plan. However, the City’s share shall be one-half (1/2) that for full-time regular
employee.
Part-time regular employees working less than the required number of hours shall not be eligible for the
coverage.
The insurance carrier is responsible for all decisions and management of the plans.
26. COST OF LIVING INCREMENT
Employees hired prior to July 1, 1980 shall continue to receive a ten cent (.10) per hour cost of living
supplement in addition to their normal hourly rate of pay.
27. 401 RETIREMENT CONTRIBUTION
For employees who have chosen the 401 Money Purchase Plan (also referred to as the Defined Contribution
Plan) as their primary pension plan, the following chart depicts contribution levels.
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Minimum Employee City’s Match (Up To)
Contribution
March 27, 2016 4% 7%
July 1, 2016 5% 8%
July 1, 2017 6% 9%
28. TERMINAL LEAVE
For employees who retire on or after July 1, 1994 or otherwise separate employment with the City after
obtaining the necessary age and length of service as required for retirement, a regular employee is eligible to
take terminal leave prior to his/her retirement or separation date under the following conditions.
Terminal leave shall consist of a total of both an employee's unused sick leave and unused vacation time.
For employees hired prior to 7/1/12, a maximum of 100 sick days can be converted to terminal leave.
Employees hired on or after July 1, 2012, a maximum of 75 days of sick days can be converted to terminal
leave. The same limits apply for employees electing to receive a lump-sum payment for accumulate sick
leave.
Terminal leave shall consist of a total of both an employee’s unused sick leave and unused vacation time.
A. Once terminal leave begins the employee ceases to earn vacation or sick leave credits and is no
longer eligible for annual salary increases.
B. Once terminal leave begins; the employee cannot return to active service unless approved by the City
Manager. If a return to active service is approved, the employee will have the option to either:
1.) Refund the value of sick leave credits expended as terminal leave to the City and have those
credits restored, or
2.) Not refund the value of sick leave credits expended as terminal leave. The maximum amount of
sick leave credits available for future terminal leave will be reduced by that already expended.
C. In order to qualify for terminal leave, an employee must request leave a minimum of 30 days prior to
the employee’s retirement date. The same notice is required for retirements in which a cash payout is
requested.
D. Employees on terminal leave shall be required to use accumulated leave for holidays.
29. SAFETY SHOES, UNIFORM SHOES & UNIFORMS
A. The City shall provide an annual allowance of $150 for safety shoes to employees in classifications
which require the wearing of safety shoes. In the classifications which required safety shoes, the
wearing of proper safety shoes is a condition of employment. Persons who report to work without
proper footwear will be sent home without pay.
B. An annual allowance of $150 shall be provided to Communication Operators and Field Service
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Representative I & II’s for safety shoes.
C. The annual payments/allowances described herein are payable in full in May of each year for active
employees within the affected classification of record as of February 1st and who continue within the
affected classification at time of payment.
D. In the event of an on the job accident that results in the destruction of an employee’s safety shoes, the
City shall provide a replacement pair at its sole cost and expense.
E. The City shall provide uniforms to non-clerical employees who work in the following City divisions:
- Central Services - Grounds
- Water/Waste Water - Facilities Management
- Streets - Field Service Reps I & II
-Sanitation - Fire Dispatchers
Uniforms shall be cleaned by the City. City shall choose color and style. Uniforms shall be
mandatory and must be worn in a neat, clean manner.
F. All Communication Operators and Inspector I and II personnel shall receive an annual clothing
allowance in the amount of $150 for the purchase of relaxed clothing in place of a full uniform. For
the Communication Operators the relaxed uniform shall consist of City of Dover polo type shirt
(issued by the City) and docker or cargo type pants, belt (brown, black or blue) and brown or black
shoes. For the Inspector I and II personnel the relaxed uniform shall consist of a City of Dover polo
type shirt or appropriate shirt for the fall and winter seasons (issued by the City) and tan docker or
cargo pants and belt (brown, black or blue).
Based upon current IRS regulations, the clothing allowance is considered a taxable benefit and will be
reflected on the employee’s annual tax statement from the City of Dover.
This allowance shall be paid annually in the month of February to all active employees who are in the
affected classification as of January 15 of the current year and who remain active in the affected
classification at the time of payment.
The Communication Operators and Inspector I and II personnel shall be responsible for maintaining their
uniforms in a proper manner, including repair, dry cleaning and laundering as required. They shall also be
responsible for replacing any worn out or lost uniform items, as set forth above, so as to maintain a complete
uniform at all times. Unserviceable uniform shirts will be replaced by the City of Dover.
30. CONTRACTING OUT
It is the general policy of the City to continue to utilize its employees to perform work they are qualified
to perform. However, the City reserves the right to contract out any work it deems necessary in the
interests of efficiency, economy, improved work product or emergency.
Except where an emergency situation (including natural and/or man-made disasters) exists, at least sixty (60)
days before the City contracts out work, where such contracting out would result in the layoff of existing
bargaining unit employees, the City will notify the Union and offer the Union an opportunity to meet and
discuss the matter before the date any existing bargaining unit employee is laid off as a direct result of such
contracting out.
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Such discussions may include, among other items, the relative economic costs and the effects of such action
upon bargaining unit employees who may be laid off; provided the City's decision following such
discussions shall be final and shall not be made the subject of grievance or unfair labor practice charge
alleging a refusal to bargain under the Delaware Public Labor Relations Act, as amended.
31. JOB OPENINGS & PROMOTIONS
A. When the City determines to fill a vacancy or promotion within the bargaining unit, notice of such
opening shall be posted on all City bulletin boards for seven (7) normal business days; and shall be
provided to the Union in writing. The City may also advertise the position to the public
simultaneously. Employees who are interested in being considered for the open position may submit
an application to the Human Resources Department during the posting period. The posting will
indicate the requirements and pay level of the open position.
B. Factors that will be considered in the filling of job openings include skill, ability, education,
experience and seniority. Preference for interviews will be given to current employees; however, the
City reserves the right to fill an open position with the person it considers the best qualified
candidate.
C. Employees will receive adequate instruction and training in the new position, and will be regularly
appraised of their progress, and what areas, if any, they need to improve upon.
D. An employee who fails to meet the job requirements within a reasonable period (not to exceed 90
calendar days) shall be reassigned to their previous classification and wage rate. In the event the
former position has been filled, the employee may be placed in an open position, or the next
available open position for which the employee is qualified.
E. Successful bidders shall be placed in the new position at the starting rate for the new position if it is
above the employees existing rate of pay. If the starting rate for a higher paying position is below the
employee’s existing rate of pay, the employee will be placed at the Step closest to, but above the
employee’s existing rate of pay however the increase will be no less than 5%. In the event of a lateral
move, the employee will maintain their existing rate of pay. In the event of a demotion or downward
move, the union and the city will discuss the placement on the salary scale since there are several
situations in which this event could occur. Downward bidding shall be allowed only at the City’s
discretion. In any event, an employee’s change in wage progression shall commence from the date of
actual transfer to the new position.
32. SENIORITY
A. Seniority is defined as the length of continuous service with the City beginning with the most recent
date of hire. An employee’s seniority shall not be reduced by time spent on authorized leave of
absence or layoff for less than twelve months.
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B. All newly hired employees shall be considered probationary for the first six calendar months of
employment, during which time they may be disciplined or discharged by the City without recourse
to the grievance procedure herein. Upon completion of the probationary period, an employee shall
be credited with seniority from the date of hire.
C. Seniority shall be lost for the following reasons:
1.) Discharge for just cause
2.) Resignation or Retirement
3.) Layoff or Leave of Absence for more than 12 months
4.) Failure to return to work on the date specified in a notice of recall
33. PERSONNEL FILES
An employee shall have the right to review his/her Personnel file at reasonable times upon request to the
Human Resources Department. The City may require the employee to do so on his or her own time. The
employee, who may request to be accompanied by a Union representative, will not be allowed to remove the
file from the premises but may take notes and/or request copies of the file contents at the employee’s
expense. If the employee disagrees with any information contained in his/her personnel file the employee
may submit a written statement explaining his/her position. Such statement shall be maintained as part of
the employee’s file.
34. REDUCTION IN FORCE
In the event that it becomes necessary to lay off employees, the City shall notify DOE’s President of the
reasons with at least two weeks notice prior to the layoff of non-probationary employees. In reducing the
number of employees in a classification within a department, qualifications and seniority shall govern.
A. The employee being laid off may not displace employees in other departments.
B. The City has the sole right to determine if a vacancy exists in any other classification and/or
department, and whether or not the displaced employee could fulfill all job requirements of the
vacancy after a reasonable trial period.
C. DOE will not oppose a reasonable transfer of an employee from the curtailed classification to another
department or classification.
D. During the trial period the employee will be reviewed, counseled and instructed on their progress in
the job.
E. Should the employee fail to meet the requirements of the job and be disqualified, he/she shall be
reassigned to other classifications by step "B" above, or laid off.
F. The employee shall be paid within the range for the job to which transferred at the wage closest to
their present wage.
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G. When additional employees are needed in a classification, the regular employees who have been laid
off or transferred out of that classification within a one year period, due to the lack of work, shall be
offered the jobs before they are filled by promotion or transfer of employees with less seniority, or by
hiring of new employees. A notification shall be sent to them by registered mail to the latest mailing
address supplied to the City, and copies of such notification shall be forwarded to DOE’s President.
The City shall be notified within five working days after receipt of the notice by the former employee
of their desire to accept the offer of the job and the former employee will start work not later than
three weeks after receipt of the notice. Should the employee fail to respond or report, he/she will be
dropped from the City employment rolls.
35. GRIEVANCE PROCEDURE
A grievance is defined as a disagreement or dispute between the City and an employee or the Union over the
application, interpretation or meaning of this Agreement, and shall be acted upon in accordance with the
procedure outlined below:
A. Processing Grievances
Grievances shall be presented during normal working hours; however, no meeting or discussion shall
exceed one (1) hour in duration, unless otherwise agreed between the parties A Union Representative
shall be present at meetings in Step 1 and above.
Grievances of a policy nature or which effect all similarly situated employees may be submitted
directly to Step 2. A grievance of a discharge shall commence at Step 2.
Note: The meetings required in Steps 1 and 2 of the grievance process shall be coordinated with the
Human Resources Director, and the Human Resources Director shall be permitted to participate in
the meetings.
Step 1 - An employee covered by this agreement who has a grievance shall place the said grievance
in writing to his/her Department Head within seven (7) calendar days after the occurrence of the
event giving rise to the grievance or within seven (7) calendar days after the employee knows, or
through the use of reasonable diligence, should have known, of the event giving rise to the grievance.
The grievance should include the employee’s name, the article of the contract believed to be violated,
and the remedy the union is seeking. The Department Head shall review the grievance, hold a
meeting with the parties involved and then render a written decision. The written decision should be
completed within 14 calendar days of the meeting.
Step 2 - If the grievance is not settled at Step1, it may be referred to the City Manager and/or his/her
designee within seven (7) calendar days after the receipt of the Department Head’s written answer in
Step 1. The City Manager and/or his/her designee shall review the grievance, hold a meeting with
the parties involved, and then render a written decision. The written decision should be completed
within 14 calendar days of the meeting.
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Step 3 - If the Union is dissatisfied with the City Manager’s and/or his/her designee’s decision; it
may submit the grievance to the FMCS within 30 calendar days of the completion of Step 2. A
grievance submitted to the FMCS shall be processed in accordance with the rules and regulations of
the FMCS. The arbitrator shall have no power to add to, subtract from or otherwise modify the
express written terms of the agreement.
Each party shall be responsible for any and all of its costs which it incurs as a result of participating
in any FMCS proceeding, including all costs of witnesses, attorneys or other persons who may attend
the proceeding. The cost of the arbitrator will be split by the parties.
The decision of the arbitrator, in a matter concerning contractual interpretation, shall be final and
binding on the parties. In matters concerning grievances of a personnel /disciplinary nature the
arbitrator’s decision shall not be final or binding. In the event such a decision does not resolve the
dispute, it is understood that the aggrieved party shall have the right to submit the dispute to a court
of competent jurisdiction.
B. Time Limits for Filing
No grievance shall be entertained or processed unless it is submitted at Step 1 within seven (7)
calendar days after the occurrence of the event giving rise to the grievance or within seven (7)
calendar days after the employee knows or through the exercise of reasonable diligence should have
known of the occurrence of the event giving rise to the grievance. If the grievance is not presented
within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed
to the next step within the specified time limit or any agreed extension thereof, it shall be considered
settled on the basis of the City's last answer. If the City does not provide a written response to the
grievance or appeal thereof within the specified time limits, the grievant and/or the Union may elect
to treat the grievance as denied at that step and immediately appeal the grievance to the next step in
accordance with the procedure set forth in this Article.
The time limits at any step may be extended by the mutual written agreement of the parties involved
at that particular step, which consent shall not be unreasonably withheld.
36. STRIKE CLAUSE
It is agreed that during the term of this agreement neither DOE, its officers or its members shall instigate,
call, sanction, condone or participate in any strike, slowdown, stoppage of work, boycott, picketing or willful
interference with production, transportation or distribution, and there shall be no lockout of employees by the
City.
Any employee participating in the foregoing practices will be subject to discipline; the discipline may
include discharge.
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37. DUES DEDUCTION
A. The City agrees to make payroll deductions of Union dues and initiation fees, if any, for employees
of the bargaining unit who provide written authorization for the City to do so. The amount of such
deductions shall be furnished in writing to the Human Resources Director and shall be in uniform
amounts. The Union will notify the Human Resources Director at least thirty days in advance of any
change in the amount of such deductions. When a member retires however is still on terminal leave
they are no longer obligated to pay dues.
B. Employees hired after July 1, 1997, shall, as a condition of employment, on and after the thirty-first
(31st) day of employment or within thirty days of the signing of this Agreement, either become a
member of the Union or pay a fair share fee for collective bargaining and contract administration
services rendered by the Union as the exclusive representative of the employees covered by this
Agreement. Such fair share fee shall not exceed eighty-five percent (85%) of the normal
membership dues; and will be deducted by the City and remitted to the Local Union with the same
frequency and in the same fashion as normal dues payments.
C. Employees may revoke their dues authorization during the month of June of each calendar year by
submitting a written request to the Human Resources Director and the Local Union President. Such
employee shall than be subject to the fair share provisions contained in this Article.
D. The City recognizes that it is within the proper authority of the Union to establish dues and fair
share/service fee amounts. The Union agrees to assume full responsibility for compliance with the
requirements laid down by the U.S. Supreme Court with respect to the rights of service fee payers.
E. The Union shall indemnify the City and hold it harmless against any and all claims, demands, suits,
or other forms of liability that may arise out of, or by reason of, any action taken by the City for the
purpose of complying with the provisions of this Article.
F. The City shall forward to the Local Union Treasurer such dues and fair share fees, along with a list of
employees for whom such deductions were made, by the seventh (7th) day of each calendar month
following the month of deduction.
38. FUNDING
No collective bargaining agreement shall be valid or enforceable if its implementation would be inconsistent
with any statutory limitation on the public employer's funds, spending, or budget or would substantially
impair or limit the performance of any statutory duty by the public employer or would otherwise be contrary
to law. A collective bargaining agreement may provide for benefits conditional upon specified funds to be
obtained by the public employer, but the agreement shall provide either for automatic reduction of such
conditional benefits or for additional bargaining if the funds are not obtained or if a lesser amount is
obtained.
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39. FAILURE IN PERFORMANCE OF DUTIES
Disciplinary Actions shall be as provided in the employee handbook dated July, 2004 except as modified
herein.
An employee whose work is unsatisfactory over a period of time shall be notified by the supervisor in what
way the employee's work is deficient and what must be done if the work is to be satisfactory.
An employee whose work is unsatisfactory shall normally receive at least two warnings before the first
disciplinary step of suspension, demotion or dismissal. First, one or more oral warnings must be issued by
the employee's supervisor, and second, a written warning must be issued by the Department Head; serving
notice upon the employee that corrected performance must take place in order to avoid disciplinary action.
The supervisor and department head must record the dates of their discussions with the employee along with
the performance deficiencies noted and the corrective action recommended. The information must be
entered in the employee's personnel folder. After a period of 24 months the previous oral and written
warnings become in-valid.
40. ISSUANCE OF DISCIPLINE
The City will contact the Union President at the phone number provided by the union to advise that the
issuance of discipline will take place. It will be the union’s responsibility to ensure a union representative is
present during the issuance. The issuance of the discipline will not be delayed by the unavailability of an
union representative. The employee has a right to copies of any disciplinary notices which are placed in
his/her personnel file.
41. GPS
The City has the right to install and utilize GPS units in City vehicles. Data collected cannot be used for
disciplinary purposes without corroborating evidence of a violation of City personnel policies.
42. ZIPPER CLAUSE
Both parties had the opportunity to raise issues during the course of negotiations. If an agreement was
reached on those issues, it is reflected herein and the parties are obligated to abide by the terms of this
Agreement. The terms of this Agreement may not be altered or changed without the mutual consent of the
parties.
43. TERMINATION OF AGREEMENT
This agreement shall be effective as of the date of ratification by the union and approval of the City Council
and shall remain in full force and effect until the 30th day of June 2021 and shall be automatically renewed
from year to year thereafter unless either party shall notify the other in writing not later than 150 days prior
to the anniversary date that it desires to modify or terminate this agreement. In the event such notice is
given, negotiations shall begin no later than thirty (30) days following the date of the notice.
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If negotiations are not concluded as of June 30, 2021, the provisions of this agreement shall remain in full
force and effect until negotiations are completed and shall automatically be extended until such time as a
new or modified agreement is approved by both parties, effective date of termination not withstanding.
44. NOTICES BETWEEN DOE AND THE CITY
Notices hereunder shall be deemed to have been adequately given if served by registered mail upon the
persons named below at the address indicated unless otherwise notified in writing and receipt acknowledged
by the signature of the recipient or other responsible person in recipient's office.
Notices to DOE shall be addressed to:
DOVER ORGANIZATION OF EMPLOYEES
P.O. Box 491
Camden, DE 19934
Notices to the City shall be addressed to:
Human Resources Director
City of Dover
P.O. Box 475
Dover, Delaware 19903-0475
45. SEVERABILITY CLAUSE
In the event that any provision of this agreement is invalid or unenforceable, the remainder of the agreement
shall not be affected thereby and all other provisions of this agreement that are valid shall be fully
enforceable.
46. PRECEDENCE OF AGREEMENT
In the event of a conflict between a provision of this agreement and any rule, regulation or ordinance of the
City insofar as said rule, regulation or ordinance affects the employees covered by this agreement, the
provisions of this agreement will control and the City will take whatever legislative action is necessary to
accomplish same. It is understood that from time to time the City may have to adopt ordinances in order to
comply with State and/or Federal mandates. In the event of a conflict in relationship to this agreement and
said rules, regulations or ordinances, the parties will work together in an expeditious fashion to resolve said
conflict.
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IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives have hereunto set their hands
and seals the day and year aforesaid.
CITY OF DOVER DOVER ORGANIZATION OF EMPLOYEES
By: By:
KIM HAWKINS RON STONER, ESQ.
By: By:
DONNA MITCHELL KENNY BLACK
By:
MATTHEW BROWN
By:
RON COBURN
By:
ROBERT DANIELS
By:
NICHOLAS EMBERT
DATE:
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APPENDIX E
The General Employee Pension Plan ordinance was updated in June 2010.
This appendix pre-dates June 2010.
DIVISION 7. GENERAL EMPLOYEE PENSION PLAN*
__________
*Charter references: Authority of city to establish pension plans, subpart A.
__________
Subdivision I. In General
Sec. 2-321. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Accumulated contributions means the aggregate contributions made by a member under the plan, with interest
thereon at the rate of five percent per annum, compounded annually from the last day of the plan year in which
such contribution was made to the earlier of the date of commencement of retirement income or the date on which
contributions are payable pursuant to the provisions of the plan.
Continuous service means regularly employed without interruption, except for allowable interruptions
aggregating not over five years. Allowable interruptions shall include:
(1) Leaves of absence granted to employees for illness, research, travel, training or study;
(2) Employment in an office to which the employee had been elected by popular vote at a regular city election;
(3) Involuntary severance which shall include a required leave of absence on account of maternity, and the
employee returns to active employment at the end of that leave of absence.
To the extent required by federal law, if an employee leaves the employ of the city to enter the military service of
the United States and, upon his discharge from service, is reemployed by the city at a time when his
reemployment rights are protected by federal law, the employee shall be considered to have been employed by the
city during his period of military service and shall be credited with continuous service which he would have been
credited with as an employee of the city but for his military service. The period for which disability pension
benefits shall have been paid shall be considered as an allowable interruption which is permitted in addition to the
allowable interruptions aggregating not over five years in determining subsequent eligibility for retirement
benefits under the terms of this division.
Deferred compensation plan means the plan defined in division 8 of this article.
Eligible employee means any person regularly employed in rendering service to the city on a full-time, permanent
basis, who is not participating in any other retirement plan to which the city contributes for them, and whose
compensation is paid directly by the city. An employee will be considered a full-time employee if he regularly
works 37 1/2 or more hours each week.
Group annuity contract means the group annuity contract entered into between an insurance company and the
pension board of trustees.
Participant means any eligible employee of the city who has met all of the requirements for participation in the
pension plan as defined in this section and who has satisfied all of the conditions and requirements set forth in this
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division.
Pension board means the pension board of trustees.
Pension plan and plan mean the city's general employee pension plan.
Plan year means the period of one year, commencing on any July 1 and ending immediately prior to the
following July 1.
Retired participant means a participant of the plan who has terminated service and is eligible to receive
retirement income under this division.
(Code 1968, § 2-87; Ord. of 1-12-1970; Code 1981, § 2-176; Ord. of 7-11-1983; Ord. of 7-26-1993, § 1; Ord. of
4-25-1994; Ord. of 5-22-2000)
Sec. 2-322. Established; purpose.
(a) Generally. There is hereby established the city employee pension plan. The purpose of the plan is to
establish the terms and conditions under which retirement and disability benefits and other benefits shall be
provided to eligible employees of the city. The benefits under the plan shall be in addition to amounts received as
social security benefits or from any other pension plan.
(b) For employee exclusively. This plan is created for the exclusive benefit of the employees of the city and shall
be interpreted in a manner consistent with it being an employee's trust, as defined in section 401(a) of the Internal
Revenue Code (26 USC 401(a)). Therefore, under no circumstances shall any funds contributed to this plan or any
assets of the plan or trust ever revert to or be used or enjoyed by the city, nor shall any such funds or assets ever
be used other than for the benefits of the employees of the city and their beneficiaries, prior to the satisfaction of
all liabilities under this plan to the employees.
(Code 1968, § 2-88; Ord. of 1-12-1970; Code 1981, § 2-177; Ord. of 7-26-1993, § 2)
Sec. 2-323. Eligibility of participant.
Each eligible employee not drawing any retirement benefits from the mayor and city council as of January 1,
1967, shall, upon compliance with the provisions of this division, become a pension plan participant under this
division, commencing on July 1, 1967, or at any subsequent time immediately upon his employment.
(Code 1968, § 2-97; Ord. of 1-12-1970; Code 1981, § 2-178; Ord. of 6-8-1987)
Sec. 2-324. Participation mandatory; exceptions.
The pension plan shall not be construed to give any employee the right to be retained in the employ of the city. All
new employees hired after July 1, 1991, shall be required, as a condition of employment, to join the plan or the
deferred compensation plan and to remain members of either plan thereafter unless they shall leave the
employment of the city, retire or pass away.
(Code 1968, § 2-97; Ord. of 1-12-1970; Code 1981, § 2-179; Ord. of 5-28-1991; Ord. of 5-22-2000)
Sec. 2-325. Defraudment.
It shall be unlawful for any person to knowingly make any false statement or falsify, or permit to be falsified, any
record of the pension plan in an attempt to defraud the plan.
(Code 1968, § 2-98; Ord. of 1-12-1970; Code 1981, § 2-180)
Sec. 2-326. Normal retirement.
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The normal retirement date for each participant shall be the first day of the month following the attainment of the
age of 65 years, provided that he has completed ten years of continuous service.
(Code 1968, § 2-99; Ord. of 1-12-1970; Code 1981, § 2-181; Ord. of 6-24-1996)
Sec. 2-327. Early retirement.
(a) Reduced benefits. A participant who has completed ten years of continuous service and who has attained the
age of 55 years may retire at any time within the ten years preceding his normal retirement date; provided,
however, that his retirement benefits shall be computed at a reduced rate of one-half percent for each month
computed from the date of early retirement to age 65 years.
(b) Unreduced benefits.
(1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1, 1994, a participant who
has attained the age of 55 years, and whose attained age plus years of continuous service is equal to or
greater than 80, may retire at any time prior to his normal retirement date with no reduction in retirement
benefits.
(2) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a participant who has
completed 25 years of continuous service, or has attained the age of 50 years and completed 20 years of
continuous service may retire at any time prior to his normal retirement date with no reduction in
retirement benefits.
(Code 1968, § 2-100; Ord. of 1-12-1970; Code 1981, § 2-182; Ord. of 10-12-1982, § 1; Ord. of 4-25-1994)
Sec. 2-328. Later retirement.
If a participant works beyond his normal retirement date, the payment of the participant's retirement benefits shall
be deferred and shall commence on the first day of the month following his actual retirement.
(Code 1968, § 2-101; Ord. of 1-12-1970; Code 1981, § 2-183; Ord. of 7-26-1993, § 3)
Sec. 2-329. Forced retirement with pension.
The pension board of trustees, upon recommendation of the city council or the city manager, may require
retirement in any case where deemed necessary due to the lack of work or inability of the employee to perform
with a satisfactory degree of efficiency, provided that the employee qualifies for either normal retirement pursuant
to section 2-326, or early retirement pursuant to section 2-327. The employee shall then be entitled to receive,
commencing on the first day of the month coinciding with or next following his date of retirement, pension
benefits equal to the benefits computed in accordance with the provisions of section 2-330 on the basis of the
employee's service completed prior to actual retirement.
(Code 1968, § 2-102; Ord. of 1-12-1970; Code 1981, § 2-184)
Sec. 2-330. Amount of retirement benefits.
(a) Retirement January 1, 1995, or later. The amount of retirement benefits payable to a participant who retires
on or after January 1, 1995, shall be computed on the basis of one-fiftieth of his average actual monthly earnings
multiplied by the total number of years of continuous service. Average actual monthly earnings shall be a
participant's base pay plus scheduled overtime, payment for being on-call, except those hours reported for being
called out, and any retroactive pay corrections which involve any one of the mentioned payments during any
period of 36 consecutive months in his final ten years of continuous service, which results in the highest average
monthly earnings. In no instance shall actual monthly earnings be less than $150.00.
(b) Retirement prior to July 1, 1967. To each retired employee receiving retirement benefits from the mayor and
city council prior to July 1, 1967, there shall be payable under this division the same retirement benefits that
existed prior to July 1, 1967, except that there shall be no deductions from retirement benefits under this division
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for any payments received by the retired employee under any state or federal social security program.
(Code 1968, § 2-103; Ord. of 1-12-1970; Code 1981, § 2-185; Ord. of 10-12-1982, § 2; Ord. of 7-26-1993, § 4;
Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 7-10-2000)
Sec. 2-331. Form of benefits.
(a) Normal form. Payments of benefits in the normal form shall commence on the first day of the month for
which the benefit is for, if the participant is then living, and shall be pro rated and paid on the first day of the
month of the participant's actual retirement date. Payments of benefits shall be payable monthly thereafter during
his lifetime, and terminating with the last payment on the first day of the month of the death of the participant.
(b) Death of participant, etc. Upon the death of a participant who has retired, or who is eligible to be retired
under any of the provisions of this division, payment shall be made to his eligible survivors in the amount of 50
percent of the monthly payments to which the participant was or would have been entitled. Upon the death of a
participant who has completed a minimum of 20 years of service but is not yet eligible to retire because of age,
payment shall be made to his eligible survivors in the amount of 50 percent of the monthly payment that would
have resulted by using his service time; however, the benefit is to be computed at a reduced rate of one-half
percent for each month the participant was under the correct age for normal retirement. In no instance shall actual
monthly payments be less than $200.00, to be effective July 1, 2000. Upon the death of both the participant and
eligible survivor, if the benefit payments received in aggregate are less than the member's contributions, the
balance of the member's contributions, plus interest, will be paid to the surviving beneficiary designated or his
estate if no designation has been made and submitted to the pension board. The amount of benefit payments
received and the amount of the member's contributions shall be determined from the record of the pension board
of trustees. Interest will be paid at the Federal Reserve discount rate on the date of death, plus three percent.
(c) Eligible survivor. An eligible survivor shall be one of the following in the order of preference listed:
(1) Spouse. The participant's spouse who was married to the participant for at least one year and who
was not domiciled apart from the participant at the date of his death;
(2) Children. The surviving children of the participant, who have not attained their 18th birthday.
(d) Commencement of payment. Benefits payable to eligible survivors shall commence on the first day of the
month following the date of the participant's death.
(e) Benefits payable. Benefits payable to eligible survivors shall cease:
(1) Spouse. With respect to an eligible survivor who is a spouse, with the payment due for the month in
which their remarriage or death shall occur, whichever occurs first.
(2) Children. With respect to an eligible survivor who is a child(ren), with the payment due for the
month in which his 18th birthday or death shall occur, whichever shall occur first.
(f) Eligibility for benefits. The eligibility of any person or persons to receive payment of benefits as an eligible
survivor shall be determined conclusively by the pension board based on application of such person or persons
and any other information which the pension board deems to be appropriate.
(Code 1968, § 2-104; Ord. of 1-12-1970; Code 1981, § 2-186; Ord. of 6-8-1987; Ord. of 7-26-1993, § 5; Ord. of
4-25-1994; Ord. of 12-11-1995; Ord. of 4-14-1997; Ord. of 5-22-2000; Ord. of 7-10-2000; Ord. of 3-12-2001;
Ord. of 5-12-2003)
Sec. 2-332. Early retirement due to permanent disability.
Any employee who, at the time of the effective date of the ordinance from which this division is derived, has
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completed ten years of continuous service, or any employee who, after completing years of continuous service,
shall be injured or whose health shall become permanently impaired to such an extent as to render him totally and
permanently disabled, shall be retired upon application and approval of the pension board of trustees.
(Code 1968, § 2-105; Ord. of 1-12-1970; Code 1981, § 2-187)
Sec. 2-333. Total and permanent disability.
(a) Definition. As used in this division, a participant shall be deemed to be "totally and permanently disabled"
when the pension board of trustees, on the basis of a medical examination by a physician or physicians selected by
the pension board of trustees, finds the employee:
(1) Work generally. To be totally and permanently prevented from engaging in any occupation or
employment for remuneration or profit as a result of bodily or mental injury or disease, whether
occupational or nonoccupational in cause; or
(2) Employment. To be totally and permanently prevented from continuing in his capacity as an
employee as a result of bodily or mental injury or disease, whether occupational or non-occupational in
cause.
(b) Exclusions. Total and permanent disability, within the terms of this division, shall exclude disability
resulting from or consisting of chronic alcoholism, addition to narcotics, engaging in a felonious criminal act for
which he is found guilty, or a willful effort on his part to bring about the injury or illness to himself or any other
person or service in the armed forces of any foreign country.
(Code 1968, § 2-107; Ord. of 1-12-1970; Code 1981, § 2-188; Ord. of 5-22-2000)
Sec. 2-334. Commencement of disability benefits.
(a) Removed from payroll. A participant who files for a disability pension shall not work and be kept on the
active payroll and receive credited service from the inception of the disability to the end of the first full calendar
month following the date of application.
(b) Change in compensation; leave. During the application period above, the participant's compensation shall
not be increased, and no vacation time or sick leave shall be debited or credited to the participant.
(c) Commencement of benefits. The eligibility for payment of disability benefits under this division shall
commence, if approved, on the first day of the month following the application period set forth in subsection
(d) of this section. The participant shall receive a lump sum payment for accumulative vacation time and sick
leave as provided for in the city personnel policy.
(e) Disapproved time away charged. Should the participant not have the application approved, the time away
from work during the application period shall be charged against any accumulated sick leave or vacation time.
(Code 1968, § 2-107; Ord. of 1-12-1970; Code 1981, § 2-189; Ord. of 8-10-1987)
Sec. 2-335. Termination of employment.
(a) Forfeiture of participation. Any participant whose employment is terminated prior to the date he becomes
eligible for retirement benefits and is not reemployed by the city within five years shall forfeit his status as a
participant in the pension plan and all accumulated credit for continuous service.
(b) Exception. Subsection (a) of this section shall not apply to those persons receiving disability pension
benefits under this division.
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(c) Ten years' service. Any participant with a minimum of ten years of continuous service and whose
employment is terminated prior to the date he becomes eligible for retirement benefits under section 2-326, 2-327,
2-328 or 2-332, upon attaining the age of 65 years, shall be eligible for retirement benefits under the provisions of
section 2-330, upon application to the pension board of trustees. The form of the benefit will be based on the
formula which was in effect at the time of termination.
(d) Terminated less than five years. Any participant whose employment had been terminated for less than five
years, as detailed in subsection (a) of this section, may apply to have their previous service credits restored,
provided they meet the new service requirements, and if they have withdrawn their contributions, they repay them
with interest at a rate equal to the investment return assumption used in the most recent actuarial analysis. A
returning employee must make an election to return previously refunded amounts, plus calculated interest, within
30 days. Contributions will be reimbursed based on the gross amount received. The new service requirements are
as follows:
(1) Participants reemployed by the city within 90 calendar days of termination shall have their prior
service credits immediately restored.
(2) Participants with less than 20 years of service must first be reemployed for five continuous years
prior to applying for past service credits.
(3) Participants with previous service of more than 20 years must be reemployed for a period of two
continuous years prior to applying for past service credits.
(e) Request for refund. When an employee leaves the employment of the city and is entitled to withdraw his
contributions, then he shall submit a written notarized request for a refund of these contributions before payment
shall be made.
(Code 1968, § 2-108; Ord. of 1-12-1970; Code 1981, § 2-190; Ord. of 10-12-1982, § 3; Ord. of 11-28-1988; Ord.
of 7-26-1993, § 6; Ord. of 4-25-1994; Ord. of 4-14-1997; Ord. of 7-10-2000; Ord. of 5-12-2003)
Sec. 2-336. Cessation of disability pension benefits.
(a) A participant shall cease to qualify for disability pension benefits:
(1) Recovered. At the time that a pension board of trustees determines, on the basis of a medical
examination by a physician or physicians selected by the pension board, that a participant is no longer
totally and permanently disabled or has sufficiently recovered, but refuses to resume his regular
occupation as an employee or to be reemployed by the city in some other position for which he is suited or
which is appropriate to his training and experience;
(2) Refuses examination. When the participant refuses to undergo a medical examination requested by
the pension board of trustees; or
(3) Age 65 years. On the first day of the month coinciding with or next following the participant's 65th
birthday.
(b) Upon the occurrence of the earliest of the above events, disability pension benefits shall cease, except that, if
the event of subsection (a)(3) of this section occurs, payment of the normal retirement benefits shall commence on
that date, in the same amount as the disability pension benefits.
(Code 1968, § 2-109; Ord. of 1-12-1970; Code 1981, § 2-191)
Sec. 2-337. Effect of state workers' compensation on disability benefits.
Any disability pension benefits received by a participant under the terms of this division as the result of an injury
or illness compensable under the workers' compensation laws of the state shall be reduced by the amount of the
workers' compensation payments actually received by the participant.
(Code 1968, § 2-110; Ord. of 1-12-1970; Code 1981, § 2-192)
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Sec. 2-338. Benefits to cease upon reemployment; exceptions.
Any employee of the city who is receiving, or who shall receive, benefits under this division, and who is
thereafter reemployed by the city or appointed to any position by the mayor or council bearing remuneration, shall
cease to draw benefits during the period of reemployment. Upon termination of the reemployment, the benefits
shall be restored. The provisions of this section shall not apply to any employee who receives remuneration as a
result of being elected or appointed to an elective or appointed office in the city, nor to any employee reemployed
by the city in a temporary capacity, so long as city earnings do not result in a reduction of the Social Security
benefits actually received by the employee because the employee exceeded the earnings limit defined by Social
Security for benefit reduction for postretirement earnings.
(Code 1968, § 2-111; Ord. of 1-12-1970; Code 1981, § 2-193; Ord. of 8-27-1990; Ord. of 4-25-1994; Ord. of 6-
11-2007)
Sec. 2-339. Benefit assignment, transfer, etc.
No participant or beneficiary under the plan shall assign, transfer, hypothecate, encumber, commute or anticipate
any interest he may have in payments, funds or contracts under this plan. No interest shall in any way be subject to
any legal process, levy of execution, attachment or garnishment proceedings for the payment of any claim against
the participant or any beneficiary under the plan, nor shall any such interest be subject to the jurisdiction of any
bankruptcy court or insolvency proceedings.
(Code 1968, § 2-112; Ord. of 1-12-1970; Code 1981, § 2-194)
Sec. 2-340. Correction of payment errors.
Should any change or error in the records result in any member or beneficiary receiving from the plan more or less
than he would have been entitled to receive had the records been correct, the pension board of trustees shall have
the power to correct the error, and as far as practicable and just, to adjust the payments in a manner that the
equivalent of the benefit to which the member or beneficiary was correctly entitled shall be paid.
(Code 1968, § 2-113; Ord. of 1-12-1970; Code 1981, § 2-195)
Sec. 2-341. Contributions.
(a) Payroll deductions
(1) Amount. For each year, while a participant of the plan, a participant shall contribute, by payroll
deductions, an amount equal to 3 1/2 percent of his average actual monthly earnings as described in
section 2-330 (effective May 1, 1994).
(2) Employer contributions. The city, pursuant to the provisions of section 414(h)(2) of the United
States Internal Revenue Code (26 USC 414(h)(2)), shall pick up and pay the contributions which would
otherwise be payable by the employee under this section. The contributions so picked up shall be treated
as employer contributions for purposes of determining the amounts of federal income taxes to be withheld
from the employee's compensation.
(3) Employee contributions picked up by city. Employee contributions picked up by the city shall be paid
from the same source of funds used for the payment of compensation to an employee. A deduction shall
be made from each employee's compensation equal to the amount of the employee's compensation picked
up by the employer. This deduction, however, shall not reduce the employee's compensation for purposes
of computing benefits under the retirement system pursuant to this division.
(4) Employee contributions credited.
a. Employee contributions shall be credited to a separate account within the employee's
individual account so that the amount contributed prior to the effective date for the pickup of
employee's contributions may be distinguished from the amounts contributed on or after the
effective date.
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b. The contributions, although designated as employee contributions, are being paid by the
employer in lieu of the contributions by the employee. The employee will not be given the option
of choosing to receive the contributed amounts directly instead of having them paid by the
employer to the retirement system.
(b) City contributions. The city shall make such contributions as necessary to meet the requirements of the plan.
Effective May 1, 1994, the city shall pick up the employee contributions by a reduction in current earnings. Such
picked up contributions shall be treated as employer contributions in determining tax treatment under the Internal
Revenue Code; however, the contributions so picked up shall be included in earnings for purposes of the plan.
Participant contributions which are picked up shall be treated, for all purposes of this plan, in the same manner as
participant contributions made prior to May 1, 1994.
(c) Other contributions. The pension board of trustees shall receive all appropriations, contributions and interest
allowances as may be received from time to time by the city from the state or any other source, and designated
specifically for employee pensions.
(d) Withdrawal from plan. A member who withdraws from the pension plan for any reason, other than
retirement, death or disability, may request his accumulated contributions, plus interest, be paid to him after such
date of withdrawal; provided, however, his contributions shall not be refunded to him earlier than 90 days after
receipt of his application for the same. Interest shall be calculated using the prevailing Federal Reserve discount
rate, plus three percent, on the date of request.
(e) Death of ineligible member. Upon the death of a member not eligible to retire under any provision of this
division, his employee contributions shall be payable in a single sum to his designated beneficiary or his estate if
no designation has been made, and submitted to the pension board.
(f) Deferred compensation. Each eligible employee not drawing any retirement benefits from the city as of
February 1 of each year, who makes an irrevocable decision to join the deferred compensation plan, shall become
a deferred compensation plan participant on February 1 of that same year and shall forfeit participation in the city
employees pension plan. A member who withdraws from the pension plan in this manner shall have his
accumulated contributions paid to him after such date of withdrawal and he shall forfeit any other payments from
the pension plan.
(Code 1981, § 2-196; Ord. of 10-12-1982, § 4; Ord. of 12-13-1982; Ord. of 7-11-1983; Ord. of 4-25-1994(2);
Ord. of 12-11-1995; Ord. of 7-10-2000; Ord. of 5-12-2003)
Sec. 2-342. City paramedics transferred to county.
Notwithstanding any other provision of this division, all persons employed by the city as paramedics, who are
transferred to the county emergency medical services department and who make a written election to remain in
the city general employee pension plan, shall continue to be considered eligible employees within the meaning of
the pension plan as long as they are employed by the county emergency medical services department. All pension
benefits for any such paramedic shall be calculated as if the paramedic had remained a city employee during his
employment with the county emergency medical services department.
(Code 1981, § 2-197; Ord. of 8-26-1991)
Sec. 2-343. Limitation on benefits.
To the extent necessary, the participant's benefit under this plan and all plans of the city shall be limited in
accordance with section 415 of the Internal Revenue Code (26 USC 415) and the regulations thereunder, and such
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code section and regulations shall hereby be incorporated herein.
(Code 1981, § 2-198; Ord. of 7-26-1993, § 7)
Sec. 2-344. Distributions.
All distributions from this plan shall be made in accordance with section 401(a)(9) of the Internal Revenue Code
(26 USC 401(a)(9)) and the regulations thereunder, and such code section and regulations shall hereby be
incorporated herein.
(Code 1981, § 2-199; Ord. of 7-26-1993, § 8)
Sec. 2-345. Maximum compensation.
The maximum earnings utilized for purposes of determining benefits shall be limited in accordance with section
401(a)(17) of the Internal Revenue Code (26 USC 401(a)(17)) and the regulations thereunder, and such code
section and regulations shall hereby be incorporated herein.
(Code 1981, § 2-200; Ord. of 7-26-1993, § 9)
Secs. 2-346--2-360. Reserved.
Subdivision II. Board of Trustees
Sec. 2-361. Established; duties.
There is hereby established a pension board of trustees the duties of which shall be to manage the city employees
pension plan.
(Code 1968, §§ 2-72, 2-89; Ord. of 1-12-1970; Code 1981, § 2-201; Ord. of 5-22-2000)
Sec. 2-362. Composition.
The pension board of trustees shall consist of the following persons:
(1) Manager. The city manager.
(2) City officials. Two elected city officials who shall be appointed by the council president, subject to
confirmation of a voting majority of the city council at its annual meeting.
(3) Participants. Three participants or retired participants of the plan who shall be elected by the participants
and retired participants of the plan.
(4) Finance director/treasurer. The city finance director/treasurer.
(5) Election.
(a) Such election shall be for three-year staggered terms, beginning July 1 and ending June 30 three years later. A
regular election for filling these positions will be held the third week of June each year.
(b) In the first week of April of each year, the city clerk shall notify those eligible to vote of the exact time and
place of the election. Any general employee pension plan member that is eligible to vote and appears on the
listing of qualified voters who will be unable to appear at the polling place on the date and time of the election
may cast his or her vote by absentee ballot in the general employee(s pension plan election for the following
reasons: 1) armed forces, 2) public service, 3) occupation, 4) sickness, 5) disability, 6) religion, 7) vacation, or 8)
residency outside of the Dover area which makes it infeasible to vote in person.
(Code 1968, §§ 2-89, 2-90; Ord. of 1-12-1970; Code 1981, § 2-202; Ord. of 5-10-1982; Ord. of 8-23-1982; Ord.
of 11-26-1990, § 5; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 10-8-2007(1))
Sec. 2-363. Term of office of members.
The term of office of each member of the pension board of trustees, except the city finance director/treasurer, city
manager, and elected city officials, shall commence on the first day of the month following his election and
continue for a period of three years or until his successor shall be elected and qualified.
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(Code 1968, § 2-91; Ord. of 1-12-1970; Code 1981, § 2-203; Ord. of 8-23-1982; Ord. of 4-25-1994; Ord. of 5-22-
2000)
Sec. 2-364. Officers and ex officio members.
The pension board of trustees shall elect a chairperson, a vice-chairperson who shall serve when the chairperson is
absent, a secretary and a treasurer or fiscal agent designated by the pension board. The city finance
director/treasurer shall be the pension fund treasurer and his bond shall cover all monies deposited with him.
(Code 1968, § 2-1992; Ord. of 1-12-1970; Code 1981, § 2-204; Ord. of 4-25-1994; Ord. of 5-22-2000)
Sec. 2-365. Vacancies.
If a vacancy occurs in the offices of the pension board of trustees, the vacancy shall be filled for the unexpired
term within 60 days and in the same manner as the office was originally filled. Should a member of the pension
board of trustees cease to be in the employ of the city, other than by retiring in accordance with this division, his
office as a member of the board shall be declared vacant.
(Code 1968, § 2-95; Ord. of 1-12-1970; Code 1981, § 2-205; Ord. of 5-22-2000; Ord. of 10-8-2007(2))
Sec. 2-366. Compensation of members.
Members of the pension board of trustees shall serve without compensation.
(Code 1968, § 2-89; Ord. of 1-12-1970; Code 1981, § 2-206; Ord. of 5-22-2000)
Sec. 2-367. Meetings.
The pension board of trustees shall make all rules as to the time and place of meetings; and a majority of its
membership shall be required to transact pension board business.
(Code 1968, § 2-94; Ord. of 1-12-1970; Code 1981, § 2-207; Ord. of 5-22-2000)
Sec. 2-368. Powers.
The pension board of trustees, in administering the pension plan, shall have the following powers in carrying out
the purposes thereof:
(1) Payment of funds. To pay funds to those entitled to receive them. The pension board chairperson shall sign
all vouchers for the disbursements of the funds and his written order shall fully protect the pension board treasurer
or fiscal agent designated by the pension board in the payment of those funds;
(2) Purchase annuity contracts. To purchase and pay the costs of group annuity contracts from any insurance
company for the benefit of participants;
(3) Employment of agents, employees, etc. To employ agents, employees or experts to assist the pension board
of trustees in carrying out the provisions of this division, including an agent to advise and make recommendations
concerning the investment of funds, and to pay reasonable compensation for those services, and the compensation
may be paid from income or corpus of the pension fund or by direct appropriation by the city council as the
pension board of trustees and the city council may determine;
(4) Investments. To invest and reinvest money in the pension fund, without any limitation, in United States or
state municipal bonds or group annuity contracts. Money in the pension fund may also be invested and reinvested
in other types of bonds, stocks, and securities to the extent the pension board of trustees may deem best and as is
not prohibited by any law now or hereafter in force limiting the investments of the trustees. The pension board of
trustees may from time to time change the investments of the fund and, to this end, may make sales of any
investment privately, without advertisement and without the necessity of any court order, upon the terms that the
pension board deems proper. The funds and investments may also be from time to time turned over to and placed
in the custody of any fiscal agent designated by the pension board;
(5) Contracts. To generally contract in matters relevant to effectuating and achieving the purposes of this plan;
(6) Pension benefits. To receive and pay out pension benefits in accordance with the provisions of this division,
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Item 1.
or designate a fiscal agent to receive and pay out the pension benefits;
(7) Rules and regulations. To make rules and regulations as may be necessary to effectuate this division.
(Code 1968, § 2-93; Ord. of 1-12-1970; Code 1981, § 2-208; Ord. of 5-22-2000; Ord. of 5-12-2003)
Sec. 2-369. City solicitor to render legal services.
The city solicitor shall render whatever legal service the pension board of trustees shall require.
(Code 1968, § 2-115; Ord. of 1-12-1970; Code 1981, § 2-209; Ord. of 5-22-2000)
Sec. 2-370. Appeals.
Any employee dissatisfied with the action of the pension board of trustees shall have the right to appeal to the city
council within 30 days from the date of formal notification of that action.
(Code 1968, § 2-116; Ord. of 1-12-1970; Code 1981, § 2-210; Ord. of 5-22-2000)
Secs. 2-371--2-390. Reserved.
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Item 1.
The employee will receive payment for any unused accrued sick (up to the maximum
amount allowable) and vacation leave.
Civilian Pension Plan Value of Lump Sum Payout
Section 80-509 (b) Hours ROP
Death of Participant * Sick: 382 24.66 $ 9,420.12
* Vacation: 301 24.66 $ 7,422.66
Total Value
$ 16,842.78
Eligible Survivor Date
City Representative Signature Date
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Item 1.
EMPLOYEE DATA
Employee Name: Robert Carson Date of Birth:
Resignation Date
5/28/2021 Date Eligible (65):
(last day worked):
Length of
Retirement Date: 5/29/2021 20 years, 9 months
Employment
Date of Hire: 7/31/2000 Union: DOE
Department/Title: Field Service Representative II
Total Contribution and Wages for Highest 36 consecutive months:
Pension
From To Contribution Wages
May 29, 2018 December 31, 2018 $ 961.08 $ 27,459.43
January 1, 2019 December 31, 2019 $ 1,775.64 $ 50,732.57
January 1, 2020 December 31, 2020 $ 1,872.89 $ 53,511.14
January 1, 2021 May 28, 2021 $ 783.71 $ 22,391.71
$ 5,393.32 $ 154,094.86
CALCULATIONS OF FORMULA
Earnings in the highest 36 months: $ 154,094.86
Average monthly earnings: $ 4,280.41
Per Year Factor (1/50): $85.61
Years of Service: 20.75
Monthly Retirement Benefit Amount: $ 1,776.37 Bob's full retirement
Monthly Eligible Survivor Benefit Amount if Elected
Immediately: $546.25 $1,776.37 * 38.5% = 683.92
(1,776.41 - $683.92)/2 = 546.25
Monthly Eligible Survivor Benefit Amount if Elected
Upon Bob Reaching Age 65: $888.21 $1,776.37/2 = $888.21
Eligible Survivor Signature Date
City Representative Signature Date