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August 28, 2014
 Information & NewsDepartmentsPersonnel CommissionClassified Employee HandbookChapter 21   
 

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CHAPTER 21: RESIGNATIONS

 

21.1 Resignation Procedures
21.2 Health Benefit Continuation Upon Resignation


21.1 RESIGNATION PROCEDURES 

21.1.1 RESIGNATION DURING PROBATIONARY PERIOD: A person who resigns while in good standing during his/her probationary term may be returned to his/her original place on the eligibility list at the discretion of the Commission.

REFERENCE: Education Code Sections 45260 and 45261

21.1.2 RESIGNATION & EFFECT ON ELIGIBILITY LISTS: A resignation relates only to the specific position from which the employee resigns and does not impair his/her rights on other eligibility lists, except that if his/her name is on any promotional eligibility list, it shall be removed from any such list.

REFERENCE: Education Code Section 45260

21.1.3 PROCEDURE FOR RESIGNATION OF EMPLOYEE: Whenever an employee desires to resign from the District, he/she shall present his/her resignation in writing to their immediate supervisor or the Human Resources Office. The resignation letter shall indicate the last day in paid status of the resigning employee and the reasons for the resignation. The Human Resources Office or the Director-Personnel Commission may conduct an exit interview with the employee.

REFERENCE: Education Code Sections 45260 and 45261

21.1.4 TWO WEEK NOTICE OF RESIGNATION: Classified employees are requested to provide the District with at least two (2) weeks notice. Management classified employees are requested to provide at least four (4) weeks notice to the District.

REFERENCE: Education Code Sections 45260 and 45261 

21.1.5 ACCEPTANCE OF RESIGNATION:  No resignation of a classified employee shall be considered final until accepted by the Board of Education. Amended 4/3/07

REFERENCE: Education Code Sections 45260, 45261, and 45201 

21.1.6 RESIGNATIONS SHALL BE SUBMITTED IN THE YEAR EFFECTIVE: A resignation shall take effect no later than the close of the fiscal year during which the resignation is received and accepted by the Board of Education.

REFERENCE: Education Code Sections 45201, 45260, and 45261

21.1.7 RETIREMENT UNDER P.E.R.S.: Classified employees working over 1000 hours per year (approximately 4 hours per day) will be covered by the Public Employees' Retirement System and Social Security. Employees wishing to retire under this system are required to submit appropriate retirement applications to the Public Employees' Retirement System. Forms will be available in the Human Resources Office.

REFERENCE: Education Code Sections 45260 and 45261

21.2 HEALTH BENEFIT CONTINUATION UPON RESIGNATION

21.2.1  C.O.B.R.A. HEALTH CONTINUATION REQUIREMENTS: Under federal law employees and their families are provided a temporary extension of health coverage (called "continuation coverage") at group rates in certain instances where coverage under the health plan would otherwise end.

REFERENCE:
1. Section 2201 of the Public Health Service Act, 42 U.S.C. § 300bb-1
2. Education Code Sections 45260 and 45261

21.2.2 EMPLOYEE CONTINUATION UPON REDUCTION ON LAYOFF: A classified employee who is covered by the District's health plans has the right to continuation coverage as outlined in these Rules if the employee loses his/her group health coverage because of a reduction in hours of employment, or the termination of his/her employment for reasons other than disciplinary cause as outlined in Chapter 19 of these Rules and Regulations.

REFERENCE:
1. Section 2203 of the Public Health Service Act, 42 U.S.C. § 300bb-3
2. Education Code Sections 45260 and 45261

21.2.3 SPOUSE COVERAGE: The spouse of an employee covered by the District's health plans has the right to choose continuation coverage if the employee loses group health coverage for any of the following reasons:

21.2.3.1 The death of the employee.

21.2.3.2 A termination of the covered employee's employment for reasons other than disciplinary cause as outlined in Chapter 19 of these Rules and Regulations, or a reduction in the covered employee’s hours of employment with the District that results in a loss of health benefits. Amended 4/3/07

21.2.3.3 Divorce or legal separation from the employee.

21.2.3.4 The employee becomes eligible for Medicare.

REFERENCE:
1. Section 2203 of the Public Health Service Act, 42 U.S.C. § 300bb-3
2. Education Code Sections 45260 and 45261

21.2.4 DEPENDENT CHILD COVERAGE: The dependent child of an employee covered by the District's health plans has the right to choose continuation coverage if the employee loses group health coverage for any of the following reasons:

21.2.4.1 The death of an employee covered by the plans. Amended 4/3/07

21.2.4.2 The termination of a covered employee’s employment for reasons other than disciplinary cause as outlined in Chapter 19 of these Rules and Regulations with the District, or reduction in a covered employee’s hours of employment with the District which results in a loss of health benefits. Amended 4/3/07

21.2.4.3 A covered employee’s divorce or legal separation. Amended 4/3/07

21.2.4.4 A covered employee becomes eligible for Medicare. Amended 4/3/07

21.2.4.5 The dependent ceases to be a "dependent child."

REFERENCE: 1. Section 2203 of the Public Health Service Act, 42 U.§ 300bb-3 2. Education Code Sections 45260 and 45261

21.2.5 RESPONSIBILITY TO NOTIFY DISTRICT IN STATUS CHANGE: The qualified beneficiary is required to notify the District of a divorce, legal separation, or a dependent child ceasing to be a dependent child under the District’s health plans. Such notice must be provided within 60 days after the date of such event. Amended 4/3/07

REFERENCE:
1. Section 2206 of the Public Health Service Act, 42 U.S. C. § 300bb-6
2. Education Code Sections 45260 and 45261

21.2.6 DISTRICT SHALL SEND NOTIFICATION OF RIGHTS: Upon the occurrence of one of the qualifying events identified in Rules 21.2.2 through 21.2.4, the District shall provide written notice to the qualified beneficiary (covered employee, spouse or dependent) of such qualified beneficiary’s eligibility to elect continuation coverage under the District’s health plans. Such notice shall be provided within 14 days of any qualifying event described in Rule 21.2.2, and within 14 days from the date on which the District is properly notified of any qualified event described in Rule 21.2.3 or 21.2.4. The qualified beneficiary shall then have 60 days from the date on which coverage terminates under the District’s applicable health plan by reason of such qualifying event to notify the District, in writing, that such qualified beneficiary is electing to receive continuation coverage. Amended 4/3/07

REFERENCE:
1. Sections 2205 and 2206 of the Public Health Service Act, 42 U.S.C. § 300bb-5, 300bb-6
2. Education Code Sections 45260 and 45261

21.2.7 FAILURE TO ACCEPT CONTINUATION: If an employee or eligible party eligible under these Rules for health benefits continuation coverage either opts not to accept coverage or fails to indicate that coverage is desired within the stated time lines in these Rules, the right to continue to participate in the District's group health insurance plans will be terminated.

REFERENCE:
1. Section 2205 of the Public Health Service Act, 42 U.S.C. § 300bb-5
2. Education Code Sections 45260 and 45261

21.2.8 REQUIREMENT TO PROVIDE SIMILAR COVERAGE: If an employee or eligible party chooses continuation coverage, the District is required to give health benefit continuation coverage which, as of the time coverage is provided, is identical to the coverage provided under the health plans to similarly situated employees or to family members with respect to whom a qualifying event has not occurred. Amended 4/3/07

REFERENCE:
1. Section 2202(1) of the Public Health Service Act, 42 U.S.C. § 300bb-2
2. Education Code Sections 45260 and 45261

21.2.9 LENGTH OF CONTINUATION COVERAGE PROVIDED: Upon a qualifying event, a qualified beneficiary eligible to receive continuation coverage under the District’s health plans may elect to receive continuation coverage for a certain maximum coverage period. If the loss of coverage was a result of a termination of employment or a reduction in hours for reasons other than disciplinary cause, the maximum coverage period is eighteen (18) months from the date of the qualifying event. If the loss of coverage was a result of death, divorce, legal separation, loss of dependent status, or eligibility for Medicare, the maximum coverage period is thirty-six (36) months from the date of the qualifying event. Amended 4/3/07

If the qualified beneficiary loses group health coverage as a result of a termination of employment or reduction in hours of the covered employee, the maximum coverage period may be cut short for any of the following reasons:

21.2.9.1 The District no longer provides group health coverage to any of its employees.

21.2.9.2 The premium for the continuation coverage is not paid on a timely basis with respect to the qualified beneficiary. Amended 4/3/07

21.2.9.3 The qualified beneficiary becomes covered under another group health plan that does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary. Amended 4/3/07

21.2.9.4 The qualified beneficiary becomes entitled to Medicare. Amended 4/3/07

REFERENCE:
1. Section 2202(2) of the Public Health Service Act, 42 U.S.C. § 300bb-2
2. Education Code Sections 45260 and 45261
 

21.2.10 NO EVIDENCE OF INSURABILITY NECESSARY:  A qualified beneficiary is not required to prove insurability to choose continuation coverage. Amended 4/3/07

REFERENCE:
1. Section 2202(4) of the Public Health Service Act, 42 U.S.C. § 300bb-2
2. Education Code Sections 45260 and 45261

21.2.11 PAYMENT OF PREMIUM: The qualified beneficiary receiving continuation coverage under the District’s health plans is required to pay 102% of the applicable premium for the period of such coverage. The “applicable premium” means, with respect to any period of continuation coverage of qualified beneficiaries, the cost to the plan for such period of the coverage for similarly situated beneficiaries with respect to whom a qualifying event has not occurred (without regard to whether such cost is paid by the employer or employee). Failure to pay the premium within 30 days of the date on which such premium payment is due will result in a termination of the continuation coverage. Amended 4/3/07

REFERENCE:
1. Section 2202(3) of the Public Health Service Act, 42 U.S.C. § 300bb-2
2. Education Code Sections 45260 and 45261

21.2.12 INDIVIDUAL CONVERSION PLANS: At the conclusion of the continuation coverage eligibility period, the employee or eligible party will be allowed to enroll in an individual conversion health plan provided under health plans offered by the District.

REFERENCE:
1. Section 2202(5) of the Public Health Service Act, 42 U.S.C. § 300bb-2
2. Education Code Sections 45260 and 45261

 

 

  
 
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