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418A
ORDINANCE. NO. 17,503
AN ORDINANCE TO ANNOUNCE THE INTENT OF THE
CITY TO PAY THE COST OF DEPENDENT HEALTH CARE
INSURANCE FOR EMPLOYEES KILLED IN THE LINE OF
DUTY; TO APPROPRIATE FUNDS TO PAY FOR THESE
PREMIUMS; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager has previously implemented an administrative policy that
makes the dependents of City employees killed in the line of duty eligible to continue to purchase
dependent health care insurance benefits even after the time permitted by federal law; and
WHEREAS, the City has been approached about expanding this benefit to also have the City
pay the insurance premiums for any eligible dependents; and
WHEREAS, the Board of Directors is interested in doing so and in appropriating monies to
accomplish this purpose, but in doing so, the Board expressly declares its intent that this action not be
deemed to create any property right or liberty interest for the dependents to receive such payments in
the future.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City Manager is directed to adopt an administrative policy that will direct
the payment of dependent health care insurance for the eligible surviving dependents of any City
employee killed in the line of duty provided that these payments are not an entitlement and, provided
further, that the City may terminate these payments at any time in. the future without penalty or
obligation.
SECTION 2. In no event will this dependent health insurance coverage, or the payment of
these premiums, be available if the City ceases to provide paid health care coverage to its employees
as a guaranteed City employment benefit.
SECTION 3. For the balance of the present fiscal year, the sum of one thousand seven
hundred and sixteen dollars ($1,716.00) is hereby authorized to be taken from Account No. 6510-
1200 to pay the cost of insurance benefits incurred after the effective date of this ordinance; further,
the City Manager and the Finance Director are directed to budget a line item sum each year that sets
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forth the amount to be paid by the City for such dependent health care coverage, unless the City has
ceased to provide paid health care coverage to its employees as a guaranteed City employment benefit,
or has otherwise terminated the decision to provide for this benefit.
SECTION 4. These premiums are to be paid regardless of whether the dependents are citizens
of the City of Little Rock, or of the State of Arkansas, as long as the dependents meet the other
eligibility requirements set forth in the City Manager's policy. The current policy is attached to this
ordinance as Exhibit A and is hereby incorporated by reference, provided the City Manager is given
full authority and control to amend, with notice to the Board of Directors, this policy at any, time to
meet the interests of the City of Little Rock, Arkansas.
SECTION 5. The Board of Directors expressly states that this benefit is not intended as a
contractual right or a property right of any employee or of any dependent and, that the City Manager
may modify, suspend, or terminate this program at any time with notice to the Board of Directors if
such modification, suspension, or termination is deemed by the City Manager to be in the best interest
of the City, or is needed to meet legitimate personnel or budgetary needs of the City of Little Rock,
Arkansas.
PASSED: JUNE 10, 1997
ATTEST:
ROBBIE HANCOCK
CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPEN R
CITY ATTORNEY
APPROVED:
Jl AILEY
M OR
Procedure Guideline 0 Index no.: EXHIBIT -A
Date:
HEALTH INSURANCE EXTENSION FOR DEPENDENTS
OF CITY EMPLOYEES KILLED IN THE LINE OF DUTY 4182
I. PURPOSE
To ensure that covered eligible dependents of City Employees killed in the line of duty have
access to Health Insurance coverage.
II. RESPONSIBILITY
Responsibility for implementing this program rests with the City Manager. Responsibility for
specific policies and administration of this program rests with the Human Resources
Department
III. POLICY
A. Eligible dependents who were covered under the City's Health Care Plan as dependents
of an employee killed in the line of duty shall be eligible for this extension.
B. The extension will be limited to the time frames and limiting age specified in the
Insurance policy for active employees.
C. The City reserves the sole and exclusive right to manage and chance the Health Care
Plan provided to all participants.
D. Extended coverage will cease at the point the City ceases providing covera_e to an
active employee group.
E. Persons covered under this extension will be included in the active employee group for
purposes of determining premium rates.
F. "Killed in the line of duty" shall be defined to include: Accidental or deliberately
inflicted injuries resulting in death in which the injuries incurred in the City limits of
Little Rock, Arkansas, while the employee was engaged in the performance of the
employee's official duties and responsibilities, including the employee's response to
what was reasonably to believed to be a police emergency, response to a direct order of
a superior, or response to a call from a private person all of which required the
performance of the employee's official duties and responsibilities. .
G. Killed in the line of duty shall exclude injuries resulting in death which occur:
i. outside the City limits of Little Rock, Arkansas, unless the employee is taken
outside the City limits of Little Rock by force while the employee is actively
engaged in the performance of official duties, or unless the employee is taken
outside the City limits of Little Rock by virtue of being in "hot pursuit" of a
person reasonably suspected of violating law and reasonably expected to avoid
arrest unless the person is stopped without delay;
ii. while the employee is going to or coming from work, and the event causing the
fatal injury is one which does not arise out of the actual and required
performance of the employee's official duties while the employee is going to or
coming from work, such as handling what is reasonably believed to be a police
emergency, responding to a direct order from a superior, or responding to a call
r r r r
iii.
s■� r r r �r ■r r r r� r� r
fro t private person requiring the perf*mce of the employee's official
dutte ;
solely as a result of self - inflicted injuries or the employee's intentional act to
injure or kill himself or herself,
iv. as a result of the willful misconduct of the employee;
418D
v. as a result of the employee's self - induced intoxication or drug - related condition;
vi. as a result of the employee's refusal or failure to use safety gear or safety
appliances provided by or through the City for the employee;
vii. as a result of the employee's willful violation of a law or the employee's willful
breach of a rule, regulation, or policy governing the performance of the
employee's duties;
viii. as a result of voluntary conduct on the part of the employee, which is conduct
not required or expected by the City for the performance of the employee's
official duties and responsibilities;
ix. as a result of natural causes;
X. as a result of a heart attack or disease, including death resulting from a heart
attack or disease while the employee is engaged in the performance of the
employee's official duties and responsibilities or while the employee is engaged
in extreme activity or subjected to extreme conditions while in the discharge of
the employee's official duties and responsibilities.
xi. during the time the employee is working for an employer other than the City,
regardless of whether the duties and responsibilities of the employee for the
other employer are the same or similar to the duties and responsibilities of the
employee for the City: or
xii. as a result of injuries received more than one (1) year before the date of the
employee's death. unless before the expiration of ten (10) years from the date of
injury, the dependents provide medical proof acceptable to the City that death
was due to an injury that occurred in the line of duty.
Only dependents covered at the time of the incident may extend coverage.
Coverage may be continued until the earliest of:
• The date a covered individual is covered under another group policy.
• The date the dependent reaches the limiting age specified in the existing policy for
the active group.
• The date of failure to pay any required premium.
• The date the City ceases to provide coverage for any active group.
If coverage is canceled for any reason, it shall not be reinstated.
Approved:
City Manager