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SR-602-000 RP:DTA:VR February 24, 1987 Santa Monica, California /1-4 FE8 2 4 1987 t!}J/ 1./ J"):, (' ~ e TO: Mayor and city council city Staff FROM: SUBJECT: Recommendations Related to the Implementation of the Child Care Benefit Plan for City Employees INTRODUCTION This report requests that Council approve recommendations related to the implementation of the Child Care Benefit Plan for City employees which include: approving the eligibility criteria for the child care subsidy program which have been developed with input from employee bargaining units; approving the expenditure of up to $25,000 to subsidize the child care costs of eligible employees; and authorizing the city Manager to enter into a contract with Western States Administrators to administer the subsidy and salary reduction portions of the benefit plan, hereafter referred to as the Dependent Care Assistant Plan (DCAP) . BACKGROUND In October, 1986 Council approved the establishment of an employee child care benefit plan to be developed in three phases. Phase I included contracting with a local child care referral agency, Connections for Children, for child care referrals on an emergency basis. This service began on December 15/ 1986. The - 1 - 1/-4 FED 2 4. 19&1 more complex aspects of Phase I involved setting up a Dependent Care Assistant Plan (DCAP) which would include two programs. The first would provide up to a $100 per month subsidy of child care expenses for lower income employees. The second would be a salary reduction program enabling all employees to set aside a portion of their pre-tax earnings to pay child care costs. In presenting the overall benefit plan, staff indicated that the eligibility criteria, the appropriation of the funds for the subsidy program, and the administration of the entire DCAP would be brought back to Council for approval. CHILD CARE SUBSIDY PROGRAM The child care consulting firm of Burud and Associates drafted a set of eligibility criteria for the subsidy program for review by employee bargaining units. Three separate meetings were held with bargaining unit representatives to obtain input regarding the criteria, and the following key elements were established as a consensus of the participating employees: 1. All job classifications would be eligible for the subsidy. 2. All permanent employees of the City would be eligible. 3. Full-time employees (working 40 hours per week) will be eligible to be subsidized at $lOO per month. Part-time employees (working 20-39 hours per week) will be eligible for a $50 a month subsidy. Employees working under 20 hours per week would not be eligible. 4. Employees with gross household incomes under $30,000 will be eligible initially for the subsidy. If, after the onset of the - 2 - program the available funds permit additional participants, the family income eligibility level will be increased to $35,000 and then to $40,000. 5. All licensed child care and care which is exempt from licensing will be eligible for subsidy. This would include all or any combination of the following types of care: licensed centers, licensed family day care homes and day care homes exempt from licensing, summer camps and school-age programs which are licensed or exempt from licensing, relatives over 19 years of age (excluding care by the employee's spouse, dependent, or child under the age of 19), in-home caregivers and sick care programs. 6. Both part and full-time care will be eligible for the subsidy so long as the subsidy does not exceed the amount paid by the family for care per year. 7. Care for chldren from birth through 15 years old will be eligible. 8. Employees would become eligible on the first day of the first month after completing thirty days of employment with the City, as is the case with medical and dental insurance benefits. SALARY REDUCTION PROGRAM The Internal Revenue Code allows for the establishment of a Dependent Care Assistance Program (DCAP) which includes an option in which an employee may set-aside a portion of his or her salary out of pre-tax earnings to pay for eligible child care costs as part of a salary reduction program. Beyond a small set-up charge, a DCAP involves no cost to the city. The requirements - 3 - for the salary reduction portion of the DCAP are provided for in sections 125 and 129 of the Internal Revenue Code. The requirements for establishing a DCAP include: 1. The employer must adopt a written plan. 2. To meet Internal Revenue Code requirements, the maximum amount by which the employee's salary may be reduced is the lesser of (a) the employee's earned income for the plan year or (b) the employee's spouse's earned income for the plan year. To qualify for benefits if the employee is married, the employee's spouse must be employed, a full-time student, or physically or mentally incapable of caring for him or herself. (Under the Internal Revenue Code, if the spouse is a full-time student or is physically or mentally incapable of caring for him or herself, the spouse will be deemed to have earned income of not less than $200 per month if the employee has one dependent, or $400 per month if the employee has two or more dependents.) 3. All licensed care and care which is exempt from licensing is eligible for reimbursement. This would include all or any combination of the following types of care: licensed centers, licensed family day care homes and day care homes exempt from licensing, summer camps and school-age programs which are licensed or exempt from licensing, relatives over 19 years of age (excluding the care by the employee's spouse, dependent, or child under the age of 19), in-home care givers and sick care programs. - 4 - In order to make the eligibility criteria for the salary reduction program consistent with the eligibility criteria for the subsidy program, staff recommends that the following additional eligibility criteria be adopted: 1. All job classifications be eligible for the salary reduction. 2. All probationary and permanent employees of the City be eligible. 3. Employees become eligible on the first day of the first month after completing thirty days of employment with the city, as is the case with medical and dental insurance benefits. 4. Both part and full-time care be eligible for reimbursement under the salary reduction plan. 5. Care for children from birth through 15 years of age be eligible. ADMINISTRATION OF THE DEPENDENT CARE ASSISTANCE PLAN After meeting with representatives from the Finance Department, the Personnel Department, Burud and Associates, and Western States Administrators, it was decided to administer this program through a contract with an outside organization, similar to the manner in which the City's Deferred Compensation program is administered. Western States Administrators currently administers DCAPs throughout the western united States for an initial set-up fee and a $3.50 monthly charge to each - 5 - participating employee to cover the costs of administering the program. During the single annual enrollment period allowed under IRS regulations, employees will be provided information on their options under both the subsidy portion and the salary reduction portion of the DeAP program. Workshops and printed materials will be available as will one-on-one discussions with representatives of the administrating organization. Enrollment will be accomplished through a sign-up form. For the salary reduction program, the employee will specify a fixed amount which will be deducted from each paycheck and sent to the outside administrator. (Per IRS regulations, the amount deducted must be the same each month.) Participants may not change their level of participation during the plan year unless there is a change in their family status. Such a change would include marriage, divorce, death of a spouse or child, birth or adoption of child, termination of employment of a spouse. The employee will request reimbursement by SUbmitting receipts or a statement that child care expenses have been incurred to Western States Administrators who will then send the reimbursement check directly to the employee's home. With expenses reported employees will be verifying that the information is true and correct. The responsibility will lie with the employee to report information truthfully or be in violation of IRS regulations. As required by the IRS, employees - 6 - will be provided an annual statement of their transactions relative to the DCAP. Enrollment in the subsidy program will require a verification of family income and verification of child care expenses incurred before the subsidy is paid to the participating employee. It will be clearly explained to participating employees that any monies which the employee requested be set aside as part of the salary reduction program, but which the employee did not use as a reimbursement for child care expenses during that calendar year, will be lost by the employee and returned to the City's General fund. This plan year expires in December, 1987, and a new enrollment period will be initiated in late December for the following calendar year. BUDGET/FINANCIAL IMPACT Recurring costs of the child care subsidy program will be borne by the General and Enterprise funds based on the number of budgeted permanent employees in each department. The subsidy portion of the DCAP is estimated to cost the City no more than $100,000 annually. Currently there is $25,000 available in account # 01-700-274-000-785 to cover the maximum cost of the subsidy program for the last quarter of 1986-87. The administrative costs of the DCAP program will be covered through a $3.50 monthly charge to participating employees. The - 7 - $500 cost to set-up the administration of the program is also available in account #01-700-274-000-785. The overall financial impact of the child care benefit program has the potential for providing savings to the city in reduced absenteeism, reduced turnover, and increased productivity as well as in enhanced opportunities for recruitment of qualified staff members. In addition, the City will realize a modest savings in monies paid to the state for disability benefits which are based on total payroll figures, because the overall City payroll will be reduced by the amount set aside by participating employees. RECOMMENDATIONS Staff recommends that Council: 1. Approve the eligibility criteria set forth above for the subsidy and salary reduction portions of the Dependent Care Assistance Plan. 2. Approve the expenditure of $25,500 from account #01-700-274-000-785 for the subsidy program from April - June, 1987 and for the cost of setting up the entire DCAP program. 3. Authorize the city Manager to enter into a contract with Western states Administrators to set-up and administer the DCAP for the remainder of the calendar year. 4. Adopt the attached resolution which is required to legally establish a Dependent Care Assistance Program. - 8 - Prepared by: Vivian Rothstein Assistant to the Director Recreation and Parks Linda A. Mills-Coyne Deputy City Attorney - 9 -