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HomeMy WebLinkAboutResolutions - 2013.06.13 - 20868MISCELLANEOUS RESOLUTION # 13160 June 13, 2013 BY: HUMAN RESOURCES COMMITTEE - JOHN SCOTT, CHAIRPERSON IN RE: HUMAN RESOURCES DEPARTMENT - RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 P.A. 152 FOR CALENDAR YEAR 2014 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS PA 152 of 2011, the "Publically Funded Health Insurance Contribution Act" was enacted by the State of Michigan and given immediate effect on September 27, 2011; and WHEREAS PA 152 sets forth various options that public employers may follow when providing healthcare benefits to their eligible employees; and WHEREAS acting pursuant to specific provisions of Act 152, Oakland County government exercised its legal right to exempt itself from the Act for calendar year 2012 and 2013; and WHEREAS the exemption was adopted in order to avoid costs of litigation, avoid the expense of conducting delayed open enrollment processes and to allow the County to continue making changes over time that yield significant reductions in health care costs in a manner that is fair to both taxpayers and employees; and WHEREAS the County Executive recommends that Oakland County again formally exercise its legal right to exempt itself from the Act's limitations for calendar year 2014 for the same reasons as existed in 2013; and WHEREAS Oakland County has a long history of proactive budget practices that have resulted in budgets that are balanced and fiscally sound, as demonstrated by decades of actual performance; and WHEREAS the structure of Act 152 makes acceptance of the cap formula for self-insured plans before the FY 2014 budget is adopted effectively impossible, for the reason that the Michigan Treasurer is not required under the Act to adjust the maximum payment permitted under Section 3 of Act 152 for each coverage category for medical benefit plan coverage years until October 1 of each year; and WHEREAS Act 152's October 1 date to adjust the maximum payment permitted is simply too late under the budget process mandated by Section 8 of 1973 P.A. 139, MCL 45.558(1) (d), which requires the County Executive to submit a proposed budget to the Board of Commissioners "...not less than 90 days prior to the next succeeding fiscal year", (i.e., by July 3, 2012), a date 90 days before the October 1 commencement of the next succeeding fiscal year; and WHEREAS the County's self-funded medical costs for this year are below the State determined Cap levels for 2013, thus meeting the spirit of the legislation; and WHEREAS the County will look at its actual medical costs in 2014 to determine if a contribution increase is needed for 2015 and recommend changes in employee contributions if needed at that time; and WHEREAS the County Executive Recommended Triennial Budget for Fiscal Years 2014 - 2016 is balanced, maintains responsible general fund equity balances, and funds employee medical benefit plans within existing revenues. NOW THEREFORE BE IT RESOLVED that acting pursuant to the authority granted a county under Section 8 of Public Act 152 of 2011, the Oakland County Board of Commissioners hereby exempts Oakland County Government from the requirements of PA 152 for calendar year 2014. Chairperson, on behalf of the Human Resources Committee, i move the adoption of the foregoing resolution. 'HLINIAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE Motion carried unanimously on aroll cgINOte. Resolution #13160 June 13, 2013 Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). (---/ I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 13, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 13th day of June, 2013. Lisa Brown, Oakland County