Extension of benefits to domestic partners of city employees

(a)

Any city employee who has a domestic partner shall be entitled to elect insurance coverage for his or her domestic partner or the children of such domestic partner in the same way any city employee may elect insurance coverage for his or her spouse or children. A city employee's right to elect insurance coverage for his or her domestic partner, or the partner's children, shall extend to all forms of insurance provided to the spouses and children of city employees, unless such coverage is prohibited by state or federal law or the terms of a collective bargaining agreement. All elections of coverage shall be made in accordance with the requirements of applicable city ordinances, administrative rules, city policies and applicable collective bargaining agreements. However, in no event may an employee make an election for coverage of a domestic partner more than two times in a plan year.

(b)

Any city employee who has a domestic partner shall be entitled to use all forms of leave provided by the city including, but not limited to, sick leave, annual leave, funeral leave and family leave to care for his or her domestic partner or the children or parents of the domestic partner, as applicable. The use of leave authorized in this section shall be consistent with the applicable requirements in city ordinances, administrative rules, and collective bargaining agreements.

(c)

Unless prohibited by state or federal law or the terms of a collective bargaining agreement, all other benefits available to the spouses and children of city employees shall be made available on the same basis to the domestic partner, or child of such domestic partner, of a city employee who has a domestic partner.

(d)

Notwithstanding the benefits provided for in this article, all non-inconsistent provisions of applicable state, federal or other laws or policies shall apply.

(e)

Any city employee who obtains or attempts to obtain benefits fraudulently or who fails to notify the city of any termination of the domestic partnership under this provision shall be subject to:

(1)

Recovery of any benefits improperly paid, and

(2)

Disciplinary action which may include termination.

Further, the city may bring a civil action against either or both of the parties to the domestic partnership to recover any losses, including attorneys fees, borne by the city as a result of fraudulent request for domestic partnership benefits or because of failure to notify of the termination of the domestic partnership.

(Ord. No. 13073, § 2, 6-11-09)

Secs. 25-4—25-24. - Reserved.

ARTICLE II. - PUBLIC FEEDING