§ 20.475A. Minneapolis Department of Community Planning and Economic Development incentive plan.

(a) Definitions.

Eligible employee. For the purposes of this section, an eligible employee means an employee of the Minneapolis Department of Community Planning and Economic Development who has accumulated twenty-five (25) years of full-time service with the Minneapolis Community Development Agency, its predecessors, and the City of Minneapolis.

Employee's health care savings account. The employee's account in the City's Health Care Savings Plan established through Minneapolis City Ordinance, Section 20.430.

Full-time service. For the purposes of this section, full-time service means service with the Minneapolis Community Development Agency, its predecessors, and the City of Minneapolis in a position which requires the service of an incumbent one hundred (100) percent of the normal work week on a year-round basis. Service on an intermittent, seasonal, or part-time basis shall also be counted towards full-time service in direct proportion to the time actually employed. Time off pursuant to the Family Medical Leave Act, paid or unpaid, shall count toward full-time service.

(b)

Plan. Any eligible employee who has submitted a signed and completed participation form to the human resources department to the attention of the employee relations director on or after November 1, 2011 and prior to or on December 7, 2011 and who separates from service no earlier than sixteen (16) days after submission of the completed election form but prior to or on December 23, 2011, will receive a lump-sum payment of twenty-five thousand dollars ($25,000.00) deposited to the employee's health care savings account. Forms will be accepted by hand delivery or by delivery via U.S. Mail.

(c)

Pension benefits impact. To the extent permitted by law, the contribution will have no financial impact on the eligible employee's current or future pension benefits.

(d)

Employment ineligibility. Employees who separate employment under the terms of this section are ineligible for future employment with a city department under council jurisdiction.

(e)

Rescission period. An employee may rescind the election to participate pursuant to federal law, state law, civil service rules or collective bargaining agreement.

(f)

Reimbursement of payroll advance. An employee who received one (1) week advance as part of the 1985 payroll conversion from a one (1) week delay to a two (2) week delay will be required to reimburse the City of Minneapolis for the amount of the payroll advance received. An employee may elect to reimburse the city for the amount of the payroll advance while still employed by the city. Any remaining reimbursement amount balance amount will be taken from the employee's last paycheck.

(g)

Payment. The payment to the employee's health care savings account under this section will be made within thirty (30) days after the expiration of all applicable notice, waiver and rescission time periods.

(h)

Waiver of rights. Employees participating in the incentive under this section must release the City of Minneapolis from any and all rights, causes of action or claims in connection with the employee's employment at the City of Minneapolis, termination of that employment and all related matters. The waiver shall exclude rights, causes of action and claims arising after the date the waiver is executed. These rights and claims include, but are not limited to, those arising under any local, state, or federal laws, regulations or other requirements, including without limitation the Age Discrimination in Employment Act, as amended by the Older Workers' Benefit Protection Act. The waiver will not interfere with an employee's right to file a charge or participate in an investigation or a proceeding conducted by the Equal Employment Opportunity Commission. (2011-Or-080, § 1, 9-2-11)