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ARTICLE XXX — CENTRAL PENSION FUND <br />The EMPLOYER and the UNION agree that an amount designated herein that would otherwise <br />be paid in salary or wages will be contributed instead to the Central Pension Fund (CPF) as <br />pretax employer contributions. A pension contribution of ninety-six cents ($0.96) per hour will be <br />made for each employee, for a maximum of two thousand eighty hours (2080) per calendar year. <br />The hourly contribution rate will be applied to every hour compensated (i.e. Hours worked, PTO, <br />and holidays) except for overtime hours worked. The EMPLOYER shall deduct seventy-six <br />dollars and eighty cents ($76.80) every eight (80) hour pay period. <br />The EMPLOYER shall pay this contribution directly to the IUOE Central Pension Fund. The <br />UNION agrees to indemnify and hold the EMPLOYER, its Officers, Agents, and employees <br />harmless against any claims, suits, orders or judgments, brought against the EMPLOYER as a <br />result of any action taken or not taken by the EMPLOYER on the specific provisions of this Article. <br />This "hold harmless" clause does not hold the EMPLOYER harmless for failing to transfer the <br />agreed contributions to the IUOE Central Pension Fund. <br />It is agreed that for purposes of determining future wage rates, the EMPLOYER shall first restore <br />the amount of the wage reduction, which is currently the CPF contribution rate of $0.96 per hour, <br />then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution <br />rate. It is further agreed that for purposes of calculating overtime compensation the EMPLOYER <br />shall first restore the amount of the wage reduction ($0.96/ hr.) then apply th e applicable 1.5 or <br />2.0 wage multiplier required under the Fair Labor Standards Act and the collective bargaining <br />agreement, then pay the resulting amount for overtime worked. <br />The contribution of $0.96 per hour prevents an employee's annual CPF contributions from <br />exceeding $2,000.00 in a year and therefore complies with limitations set forth under Minnesota <br />Statute § 356.24, sub. 1(9) as amended in 2002. The CPF Plan of Benefits and the Agreement <br />and Declaration of Trust will serve as the governing documents. The CPF is a supplemental <br />Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). <br /> <br />The City of Arden Hills agrees to participate in the Central Pension Fund of the International Union <br />of Operating Engineers and Participating Employers (“Central Pension Fund”) in accordance with <br />the terms of the Restated Agreement and Declaration Trust of the Central Pension, the Plan of <br />Benefits, and this Memorandum of Understanding. <br /> <br />1. Minnesota Statute § 356.24, Subd. 1(10) expressly authorizes the Employer to contribute <br />public funds to the Central Pension Fund as a supplemental pension plan for the <br />employees of a governmental subdivision who are covered by a collective bargaining <br />agreement that provides for such coverage. <br />2. Sections 4.1 of the Restated Agreement and Declaration of Trust of the Central Pension <br />Fund and 13.01 of the Plan of Benefits only permits Employer Contributions to the Fund. <br />3. The Parties agree that the agreed upon Employer contribution amount that would <br />otherwise be paid in salary or wages will be contributed instead to the CPF as a pre-tax <br />Employer contribution. Contributions from the Employer will not be funded from any <br />other source unless agreed upon by the parties. <br />4. The hourly contribution rate will be applied to every hour compensated (i.e. hours <br />worked, vacation, holiday and sick time) except for overtime hours worked. The Employer <br />shall remit this contribution directly to the Central Pension Fund at 4115 Chesapeake <br />Street N.W., Washington D.C. 20016. <br />5. A contribution of $2.40 per straight time hour worked prevents annual Central Pension <br />Fund contributions on behalf of eligible Employees from exceeding $5,000.00 in a year 13