ARTICLE VII:
EMPLOYEE BENEFITS AND PROTECTION
SECTION A: Group
Insurance Provisions
1.
The SPS shall
make funds available to contribute toward premiums of SPS-approved group
insurance programs.
a.
Employees
eligible for participation in the SPS-approved insurance programs are defined
as those who hold a .5 FTE or greater position.
b.
The SPS
contribution to the Group Insurance Pool shall be based on the full State
monthly allocation figure for insurance benefits.
c.
Employees who
work .5 FTE or greater will receive their pro rata contribution toward
insurance benefits.
d.
Employees who
arrange and are approved for a job share will receive pro rata benefits.
e.
Buildings that
create partial jobs (displacements of .5 or 1.0 FTE are not covered by this
provision) resulting in situations where an existing employee is not able to
maintain their full FTE will be responsible for maintaining the employee’s
benefits at the FTE they held prior to the change. (Example: a building decided
it needs only a .8 teacher, there is not ability of a 1.0 teacher to pick up
the .2 through displacement, and the building would be responsible to pay the
.2 in benefit costs). This would not apply to a situation where an employee has
voluntarily reduced their 1.0 FTE nor would it apply to situations where the
employee could be assigned to another job which maintained 1.0 FTE but chose
not to do so.
f.
The parties have
further agreed that it is their intent to comply with any limitations imposed
by State laws. No provision of this
Agreement shall be interpreted or applied so as to place the SPS in breach of
State law or subject the SPS to a State funding penalty.
2.
Pooling. It is
the intent of SPS as per agreement with the SEA to provide the SPS’s
contribution to the Group Insurance Fund for certificated employees of the SPS
to the fullest extent allowed by the Group Insurance Fund Pool. The SPS recognizes that the total amount
contributed to the pool for any individual may not be fully utilized due to
some employees selecting less coverage than would be paid by the SPS. Therefore, the SPS will identify any
unutilized portion of the contributed amount for group insurance and distribute
such amount, if any, to enrollees whose coverage exceeds the full share rate.
a.
Beginning with
the 10/01 pay warrants, the SPS’s maximum contribution rate to the pool shall
be the State monthly allocation figure for insurance benefits.
b.
Any unutilized
portion of the Group Insurance Fund Pool for certificated employees of the SPS
shall be computed by the SPS based on the 12/01 payroll, with adjustments made
for projected changes in certificated employees’ participation in group
insurance programs.
c.
Figures used by
the SPS to compute the cost of projected premium increases and projected
changes in employee participation in insurance programs shall be developed by
the SPS in consultation with the SEA.
d.
The unutilized
amount will be divided among individual enrollees whose participation in SPS
insurance programs as of 12/01 exceeds the maximum average enrollee share on an
equitable basis as determined by the SPS, after consultation with the SEA. The resulting figure will be effective for
the pay periods beginning 01/01 through 08/31, provided that in no case shall
any individual receive more than the amount necessary to pay for SPS insurance
programs selected by the individual.
SECTION
B: Liability Coverage and Hold Harmless
Provisions
1.
The SPS shall
hold harmless and shall provide one million dollars ($1,000,000) liability
protection for each employee covered by this Agreement in case of suit,
actions, or claims against the employee and/or the SPS arising from or out of
the employee's performance or failure of performance of duties as agent for the
SPS, provided that:
a.
The SPS shall
not be obligated to hold harmless or defend employees in connection with acts
or omissions outside those performed as an agent of the SPS or in connection
with an employee's gross negligence, intentional or wanton misconduct, knowing
violation of law or criminal act; and,
b.
The employee
agrees to give notice as soon as possible to an attorney of the SPS's General
Counsel of any suit, claim, or action brought against the employee.
2.
The SPS agrees
to adopt such methods as it and the SPS insurance carrier may deem appropriate
to inform itself and to correct safety and health hazards and deficiencies
relating to school property, activities and procedures. The SEA agrees that it
will support and assist the SPS in all efforts to be informed of and to correct
safety and health hazards and deficiencies.
3.
Specifications
for staff coverage in the SPS's Liability Protection shall be developed by the
SPS Insurance Review Committee involving employee representatives.
SECTION
C: Protection of Employees, Students
and Property
The SPS shall make every
reasonable effort to provide a safe and healthful environment for students and
employees. Employees shall not be
required to work under conditions known to be unsafe or hazardous or to perform
tasks which endanger their health, safety, or well-being. The SPS will call upon other agencies such as
the police, the courts and social services to help preserve the health and
safety of all persons involved in a school situation. To attain these goals, the SPS agrees to the
following provisions:
1.
Preservation of
Order in the Schools:
a.
An employee is
authorized to use force, but no more force than is necessary, upon or toward a
student or other person on or around school premises whenever the employee is
about to be injured, or when the employee lawfully comes to the aid of another
about to be injured, or to prevent a malicious trespass, or other malicious
interference with that real or personal property which lawfully is in his/her
possession, in the possession of another employee or student, or upon school
premises.
b.
The SPS shall
give priority consideration to the utilization of appropriate security personnel
at functions such as athletic events, school plays, concerts and other school
functions, to maintain discipline and order.
2.
Benefits to
Employees:
a.
A direct
communication system shall be installed in elementary and secondary school
classrooms wherever possible and appropriate within budgetary constraints.
b.
All regular
full-time, part-time, and substitute employees will be provided space to secure
personal belongings (e.g., coat, purse, etc.)
School safety committees may meet to discuss how to achieve this goal
and what is feasible within the school’s resources and building design.
c.
The SPS shall
provide legal counsel to an employee against whom a lawsuit is instituted and
which suit arises out of his/her proper exercise of that force authorized in
Item 1,a above, or other SPS regulations.
Furthermore, the SPS shall assist an employee in obtaining counsel to
represent him/her when he/she has been assaulted in or around the school
premises or as a result of him/her performing his/her professional duty.
d.
To the extent
required by law, SPS Self-Insured Employer Worker's Compensation benefits in
accord with the Industrial Insurance laws of the State of Washington shall
reimburse an employee for medical, surgical, hospital, disability, or
rehabilitation costs incurred as the result of an injury sustained in the
course of the employee's employment or as a direct result of the employee
performing his/her responsibilities.
e.
The SPS or its
insurer shall reimburse an employee for any certified loss of or damage to
personal property necessarily used in the course of duty or in transporting
him/her to or from his/her place of assignment when the loss or damage is
willfully and maliciously inflicted by students or persons known or unknown on
school premises or while the employee is on duty, subject to the conditions
below. Willfully and maliciously
inflicted loss or damage shall include loss or damage caused by hit and run.
1) The SPS
shall reimburse first-dollar losses up to the limit of the employee's insurance
deductible, not to exceed two-hundred and fifty dollars ($250). The SPS shall pay hit and run losses up to
the limit of the employee’s collision insurance not to exceed two hundred and
fifty dollars ($250).
2) The SPS shall provide an additional sum of
$7000 annually. This sum of money shall
be used to provide reimbursement to employees who have a deductible of more
than $250 but not more than $500. If,
for example, an employee incurs a loss of $450 and he/she has a deductible of
$500, then the employee would be reimbursed the first $250 as a general reimbursement
and up to $200 from the $7000 reserve fund.
It is understood that the $7000 is the maximum obligation on the part of
the SPS in providing reimbursement of claims in excess of $250. Once the fund is exhausted, it shall not be
replenished until the following school year.
3) The SPS
will provide full property insurance coverage separate from the
previously-stated fund for theft of any SPS property from the private vehicles
of itinerant student support staff
who transport any SPS materials, equipment and supplies to and from their work
assignments. Employees are expected to
exercise reasonable care in transporting SPS property.
4) There shall
be no reimbursement for loss of cash.
5) The use of
personal equipment for instructional purposes must have the prior approval of
the building principal/program manager or supervisor.
6) There must
be proof submitted that the employee either has no insurance or that his/her insurance
does not cover the damage or loss in question.
An employee must exhaust his/her own insurance recovery possibility
before being eligible for reimbursement under this Section.
7) There must
be filed with the SPS General Counsel's Office within twenty (20) days after
the damage or loss, a Notice of Loss and Claim for Reimbursement form.
3.
Reporting
Procedures:
An
employee shall immediately report any assault suffered by him/her in connection
with SPS employment to his/her building principal/program manager or other
immediate supervisor and cooperate fully in the completion of written and oral
reporting procedures. Furthermore, to
qualify for benefits under Items b, c and d above, he/she shall permit the SPS
or its authorized representative to examine all medical records pertaining to
the injury for which recovery is sought.
This does not preclude an employee calling 911 prior to notifying the
SPS.
4.
The SPS and any
of its employees involved in the investigation and reporting of assaults and
injuries resulting there from shall comply with any reasonable request of an
employee for information in its or their possession which relate to the assault
or persons involved in it.
1.
An employee who
is authorized to use his/her personal vehicle on SPS business shall be
compensated at the maximum Federal Internal Revenue Service allowance for tax
purposes. The mileage shall be
authorized and validated by the employee's immediate supervisor in accordance
with the budget and the established rules, regulations and procedures of the
SPS.
2.
Employees
authorized to utilize their personal vehicle on SPS business shall carry
insurance in accordance with
SECTION
E: Transportation of Students
1.
Employees are
not required to furnish transportation for students participating in school
activities.
2.
Employees who
sponsor and obtain SPS approval of school activities utilizing private
transportation should assure themselves that:
a.
The drivers are
appropriately licensed and carry adequate insurance;
b.
The vehicles to
be used are in good operating condition; and,
c.
Parent requests
for student participation on the trips are on file before departure.
SECTION
F: Tax Sheltered Annuities
The
SPS shall continue to comply with the law(s) regarding Tax Sheltered Annuities.
SECTION G: TRANSIT
PASSES
Upon
request, employees may purchase Metro/Sound Transit passes from SPS.