Attachment J.1
PERSONNEL APPENDIX
A.
Bargaining Objectives
B.
Notification of Labor
Activity
C.
Allowable Costs
D.
Reports
II.
LABOR STANDARDS
A.
Requests for
Davis-Bacon Determinations of Coverage
B.
Job Site Audits and
Payroll Validation
C.
Recordkeeping
D.
Posters
E.
Request for Service
Contract Act Determination of Coverage
F.
Reports
III.
REDUCTIONS IN CONTRACTOR EMPLOYMENT
A.
Workforce Planning
B. Involuntary Separations
C. Displaced Worker Medical Benefit
D. Discharge for Cause or Voluntary
Resignation
E. Completion of Term Appointment
A.
Objectives
B.
Job Evaluation/Job
Classifications/Salary Structure
C.
Employee Performance
Recognition Award Program
D.
Salary Actions
E.
Compensation Increase
Plan
F.
Basis of Payment
G.
Performance Evaluation
System
H.
Overtime
I.
Shift Premiums
J.
Special Allowances
K.
Uniform Allowance for
Fire and Security Officers
L.
Fire Department
Provisions - Overtime and Accrual Systems for Fire
Fighters and Fire Lieutenants
M.
Twelve Hour Shift
Provisions
A. Benefit
Value and Cost Comparison Studies
B. Value
Study Comparison Requirements
C. Group Life and Accidental Death and
Dismemberment
D. Medical
E. Long Term Disability
F. Travel Insurance
G. Dependent Life Insurance
H. Group Dental
I. Workers
Compensation
J. Post-Contractor
Employee Benefit Costs
VI.
DOE
CONTRACTOR PENSION PLANS
A.
Plan Conditions
B.
Contributions
C.
Eligibility
D.
Discontinuance,
Modification or Amendments
E.
Repurchase
F.
Termination of
Operations
G.
Terminating Plans
H.
Annual Reports
VII.
RISK MANAGEMENT AND LIABILITY PROGRAMS
A. Requirements
B. Terminating
Operations
C. Successor
Contractor or Insurance Policy Cancellation
D. Reports
VIII.
CONTRACTOR WORKPLACE SUBSTANCE ABUSE PROGRAMS
A. Requirements
B. Reports
A.
Recreation and Morale
Benefits
B.
Health
C.
Employee Assistance
Program
D.
Day Care
E.
Patent and Copyright
Awards
F.
Service Awards
G.
Other Awards
IX.
PROGRAM INVOLVING EMPLOYEE ABSENCE FROM THE WORKPLACE
A.
Vacations
B.
Holidays
C.
Holiday Pay
D.
Disability and Sick
Leave
E.
Other Excused Absences
F.
Leave Without Pay
G.
Part-time Leave of
Absence
XI. EMPLOYEE TRAINING, EDUCATION AND DEVELOPMENT
XII. EMPLOYMENT AND RECRUITMENT EXPENSES
A. Employment and Recruiting Expenses
B. Physics Program Appointments
XIII.
TRAVEL
XIV.
SPECIAL PROFESSIONAL SERVICES
EXHIBIT II – JOB TITLES, GRADES AND SALARY SCHEDULES
[URA Business Confidential]
PERSONNEL APPENDIX
This Personnel Appendix sets forth those contractor
human resource management policies, procedures, practices and those employee
related costs (e.g., salaries, fringe benefits, travel, relocation, etc.)
deemed reasonable and allowable for reimbursement when incurred in the
performance of the contract.
The Contractor shall select, manage, and direct the
work force, to maintain satisfactory standards for employee competency, conduct
and integrity, and be responsible for taking such action as may be necessary to
maintain such standards. The Contractor
shall use effective management review procedures and internal controls to
assure that all costs are allowable and that actions which require prior
approval of the Department of Energy (DOE) Contracting Officer or designated
representative are reviewed and approved prior to incurrence of costs.
The Personnel Appendix is adopted for the exclusive
benefit and convenience of the Parties hereto and nothing contained herein
shall be construed as conferring any right or benefit upon past, present or
future employees of the Contractor, or upon any third party.
Either Party may request that this Personnel Appendix
be revised in accordance with the understandings outlined in Federal
Acquisition Regulations (FAR) 31.205-6, Department of Energy Acquisition
Regulation (DEAR) 970.3102-05-6, and the parties hereto agree to give
consideration in good faith to any such request. The Contractor will advise DOE of any proposed changes in any
matters covered by these policies, practices or plans, which relate to
personnel costs. The personnel appendix
may be modified from time to time in writing by mutual agreement of the
contractor and DOE without execution of an amendment to the contract. Such
modifications shall be evidenced by execution of written numbered approval
letters from the Contracting Officer or his representative. Modified pages will be issued reflecting
such changes and will bear the effective modification number and date of such
changes in the upper left-hand corner of each page.
The Contractor shall promptly furnish all reports and
information required or otherwise indicated in this Appendix to the Contracting
Officer or other Parties identified by the Contracting Officer. The Contractor
and the DOE recognize that other data requests may be made from time to time
and the parties agree to cooperate in meeting such requests.
The Contractor shall submit its written personnel
policies, procedures and practices and any revisions thereto that implement the
Personnel Appendix to the Contracting Officer for informational purposes.
Should conflicts arise between the written provisions
of Appendix A of this contract and DOE 350.1, Appendix A will take precedence.
A. Bargaining
Objectives
1.
The Contractor agrees
to develop and implement labor relations policies that will promote orderly
collective bargaining relationships, equitable resolution of disputes,
efficiency and economy in operations, and the judicious expenditure of public
funds.
2.
The Contractor will
inform the Contracting Officer of the progress of negotiations with the labor
unions and of their conclusion. During the term of labor contracts, the
Contractor will also inform the Contracting Officer of issues, which may have a
significant economic effect, may cause significant change from past work rules,
customs or practices, and of the outcome of make-or-buy decisions.
B. Notification
of Labor Activity
The Contractor shall keep the
Contracting Officer advised of significant developments during any negotiation
and shall promptly advise (within 24 hours) the Contracting Officer of labor
relations developments which involve or appear to include such matters as:
·
Possible strike
situations or other job actions affecting the continuity of operations,
·
Formal action of the
National Labor Relations Board or Federal Mediation and Conciliation
Service(copies of the Board correspondence shall be provided to the Contracting
Officer),
·
Recourse to procedures
under the Labor-Management Relations Act of 1947, as amended, or any other
Federal or State labor law,
·
Any grievance that is
potentially precedent setting or of anticipated high cost scheduled for
arbitration under a collective bargaining agreement that has the potential for
significant economic or other impact, or
·
Any significant issues
that may involve review by other Federal or State agencies.
C. Allowable
Costs
Costs of wages, and
benefits, afforded to employees represented by collective bargaining units, not
in excess of those provided in the Collective Bargaining Agreements or afforded
to all other Contractor employees shall be allowable. All other costs, such as expenses relating to the grievance
processing and settlements, arbitration and arbitration awards and other costs
and expenses incurred pursuant to the provisions of the Collective Bargaining
Agreements and revisions thereto are also allowable
D. Reports
The Contractor will provide
the Contracting Officer with a settlement summary within 30 to 60 calendar days
after formal ratification of the collective bargaining agreement, using the
"Report of Settlement" form.
A. Requests
for Davis-Bacon Determinations of Coverage
The Contractor agrees to request Davis-Bacon coverage
determinations from the Contracting Officer by submitting proposed work
authorizations for contracts in excess of $2,000 for construction, alteration,
or repair, including painting and decorating, of public buildings and public
works that involve the employment of laborers and mechanics.
The Contractor agrees to accomplish the work tasks in
accordance with the labor standards determination.
B. Job Site Audits and Payroll
Validation
The Contractor agrees to ensure that subcontractors
comply with the Davis-Bacon Act and conduct payroll and job-site audits, as
requested or authorized by the Contracting Officer.
C. Recordkeeping
The Contractor agrees to maintain accurate and
complete Davis-Bacon Act payrolls for 3 years from completion of contract for
construction work that is performed on site.
D. Posters
The Contractor agrees to post in a prominent job-site
location the following Department of Labor Publications:
WH-1321, Notice to Employees Working on Federal or
Federally Financed Construction Projects
WH-1313, Notice to Employees Working on Government
Contracts
E. Request for Service Contract Act
Determination of Coverage
The Contractor agrees to prepare Standard Form 98,
"Notice of Intention to Make a Service Contract and Response to
Notice" for all subcontracts subject to the Service Contract Act and
forward them to the Contracting Officer.
F. Reports
The Contractor shall prepare and submit the
Davis-Bacon Semi-Annual Enforcement Report to the Contracting Officer by April 15
and October 15 of each year.
III. REDUCTIONS
IN CONTRACTOR EMPLOYMENT
A. Workforce
Planning
The Contractor will work with DOE to
ensure that ongoing and effective workforce planning takes place consistent
with guidance provided by the Office of Worker and Community Transition.
B. Involuntary
Separations
1. The
Contractor will advise the Contracting Officer of all Reductions-In-Force prior
to their initiation. A reduction-in-force action is a separation of an employee
(other than for cause) due to a planned action.
2. The Contractor will provide
unemployment insurance for Contractor employees in accordance with the Illinois
Unemployment Compensation Act.
3. In the event of a reduction in force, it
is the intent of the Contractor to provide two weeks notice to all employees
impacted. In those instances where the
Contractor is unable to give timely notification, pay in lieu of this notice
may be given.
In addition
to the notice provision, a non-exempt employee laid off by the Contractor after
completion of the entry probation period will be eligible for severance pay
based on the following schedule:
NON-EXEMPT
SEVERANCE SCHEDULE
|
Less
than 1 year |
2
weeks |
|
1
years to 5 years |
3
weeks |
|
5
years to 10 years |
5
weeks |
|
10
years to 15 years |
7
weeks |
|
15
years to 20 years |
9
weeks |
|
20
years to 25 years |
11
weeks |
|
25
years to 30 years |
13
weeks |
In addition
to the notice provision, an exempt employee laid off by the Contractor after
completion of the entry probation period will be eligible for severance pay
based on the following schedule:
EXEMPT
SEVERANCE SCHEDULE
|
Less
than 1 year |
1
month |
|
1
year to 5 years |
2
months |
|
5
years to 10 years |
3
months |
|
10
years to 15 years |
4
months |
|
15
years to 20 years |
5
months |
|
20
years to 30 years |
6
months |
|
30
years to 35 years |
7
months |
Any employee who
volunteers for layoff or retirement during a time period in which the
Contractor has an active reduction in force plan will be eligible for severance
pay provided the termination is accepted by Laboratory management and results
in the retention of an employee who otherwise would have been laid off.
4. No employee (1) who accepts transfer to
another facility, subsidiary, or affiliate of the Contractor, (2) who is
offered employment at comparable pay and benefits by a successor Contractor, (3)
who resigns, or (4) who is discharged for cause will be eligible for severance
pay.
5. The Contractor, to the extent
practicable, shall provide outplacement services to those employees who are
involuntarily separated due to a layoff.
C. Displaced
Worker Medical Benefit
Employees placed on layoff status
who have completed the entry probation period are eligible for continued
participation in the health benefits program with premiums supplemented by the
Contractor based on the following schedule:
1. First Year: The Contractor's contribution for an active employee
2. Second Year: One half of the Contractor's Cobra premium
3. Third and subsequent years: Reasonable administrative costs that exceed
the two percent administrative fee paid by the displaced worker.
D. Discharge
for Cause or Voluntary Resignation
No severance pay will be given any
employee who is discharged for cause.
Voluntary resignations are not eligible for severance unless the
provisions of III.B.3. are applicable.
E. Completion of Term Appointment
1. A term employee whose appointment is
not renewed or converted to a continuing appointment at the end of the term
shall be given no severance pay.
2. The Contractor may, however, pay travel
in accordance with FAR 31.205-46 supplemented by DEAR 970.3102-05-46 and
relocation expenses in accordance with FAR 31.205-35 for the employee and
family for return to point of origin (or for an equivalent distance), when
reimbursement of such expenses is provided for in the terms of the employment
agreement or required by law.
When a term employee who has been employed less than a year is
involuntarily separated, approval of the Laboratory Director is required for
payment of these travel and relocation costs.
No travel or relocation allowances will be given to any term employee
who is discharged for cause or voluntarily resigns.
a. The rules for business travel shall be
applicable except that the per diem rate for the employee's spouse and for each
other member of the family over six (6) years of age shall be three-fourths
(3/4) of that of the employee, and for each child six (6) years old or younger,
it shall be one-half (1/2) that of the employee.
b. Relocation expenses shall be reimbursed
in accordance with Section XIII, Travel.
Lease termination costs (the costs necessarily incurred by the employee
for terminating a residence lease) may be reimbursed only with the approval of
the Contracting Officer.
F. Changes to the Contractor's severance
pay plan are subject to Contracting Officer approval.
A. Objectives
1. The Contractor has developed and
maintains a formal compensation program, which will be appraised at least once
during the term of the contract. Any
modifications to compensation program policies affecting reimbursable costs
shall be submitted to the Contracting Officer for approval and shall not be
binding for reimbursement purposes until approved by the Contracting Officer.
2. The Contractor's objectives in the administration
of compensation are to provide compensation for each employee that will reflect
the value of the position to the Contractor and to relate salary increases to
an individual's performance.
3. Within the limits of fiscal resources
available annually, every effort is made to maintain staff member compensation
at levels that will attract and retain a well-qualified and productive work
force to successfully perform the contract work. Salary structure adjustments will be based upon measured market
movement and the Contractor's market position.
Employee salary increases must be based on merit for proficiency and
effectiveness or external or internal
pay equity.
4. All positions administered under the
Contractor's Salary Administration Program will be evaluated and classified
into job grades which reflect the relative level of difficulty of the
individual position determined by the knowledge, skill, effort and
responsibility of the position.
5. The Contractor will use its best
efforts to comply with any special compensation policies established by the
Secretary of Energy affecting the Contractor.
B. Job Evaluation/Job
Classifications/Salary Structures
1. The Contractor has developed and
maintains a formal job evaluation system, which evaluates duties of positions
consistent with the external and internal value of jobs and places them in a
grade in the appropriate schedule.
2. The Contracting Officer shall be
provided copies of all job descriptions and any revisions thereto.
3. The salary ranges contained in Exhibit
II of this Personnel Appendix will be adjusted periodically to reflect changes
in economic conditions in the Contractor's labor market and to maintain proper
compensation relationships within the Contractor's work force. Survey data shall be sufficiently
comprehensive to permit a representative finding for firms competing with the
Contractor for labor. Any changes to
the salary ranges will be approved by the Contracting Officer.
C. Employee
Performance Recognition Award Program
The Contractor has an incentive
award program for all employees who make significant scientific, technical or
administrative contributions and whose performance is clearly beyond job
expectations. Award increases which
exceed the larger of $10,000 or 15% of the awardee's base salary require prior
written approval of DOE. The dollar
amounts available for the award pool will be an identified maximum dollar
limit, determined by the Contractor, of the DOE approved annual merit
fund. The Contractor shall submit to
DOE an annual report of the utilization of this program.
D. Salary Actions
Each individual salary action
(including deferred compensation if applicable) resulting in a total annual
compensation of $125,000 or more shall require the prior written approval of
the Contracting Officer. Salary
increases which exceed the larger of $15,000 or 15% of the employee's base
salary require prior written approval of the Contracting Officer. The Contractor shall support each such
request with pertinent data upon which the justification is based for the
proposed salary action.
E. Compensation Increase Plan
1.
For each salary review
year, the Contractor shall develop and support a Compensation Increase Plan for
Contracting Officer review and approval, which conforms to the annual approval
procedures for Compensation Increase Plans, issued by DOE-Headquarters. In developing this Compensation Increase
Plan, the Contractor will make a study of salary levels for comparable
positions at other organizations acceptable to the Contracting Officer. This Plan will be based on such factors as
national and local surveys, area rates, retention and other such criteria as
may be pertinent in establishing competitive salaries for each occupational
group, i.e., scientists and engineers, administrative, technical and
clerical. The Compensation Increase
Plan should include data which measures average pay to market pay; information
regarding surveys, aging factors used in escalating survey data, projection of
escalation in the market and supporting information and analysis to support
special adjustment requests.
2. The Compensation Increase Plan will be
derived as a percentage of base payroll at the end of the prior salary review
year. The portion of the Increase Plan
that is attributed to promotions will be separately identified. Subsequent
increases to the Compensation Increase Plan may be obtained with prior written
approval of the Contracting Officer based on exceptional circumstances.
3. All increases are charged to the fund
on an annualized basis. The exception
to this is the cost associated with a posted promotion to the minimum of the
new salary range. If a promotion is
above the minimum of the new salary range, the difference between the minimum
of the range and the actual salary will be charged to the promotion piece of
the Compensation Increase Plan. Once an
individual's salary increase is charged to the fund, reuse of that amount,
i.e., recovery, for any other purpose during the salary year is
unallowable. If an individual
terminates before receiving an increase, the portion of the fund allocated for
that increase may remain in the Plan.
4. The Contractor shall provide to the
Contracting Officer a copy of the annually developed salary guidelines prepared
for supervisory use, indicating the parameters for granting various increases
based on employee performance and current salary.
F. Basis of Payment
1. A full-time nonexempt employee is paid
on an hourly basis, or a weekly basis, the rate representing compensation for
five (5) regularly scheduled eight (8) hour days in each Work Week, or a
monthly basis, the rate representing compensation for all hours worked in a
calendar month, except as otherwise provided in this Appendix A.
2. A full-time exempt employee is paid a
biweekly or monthly salary as full compensation for all work performed
regardless of the hours actually worked.
However, it is considered that the regular weekly work schedule will be
forty (40) hours.
3. A part-time employee is paid on the
basis established by the terms of his/her employment or appointment.
G. Performance Evaluation System
The Contractor shall maintain an
effective performance evaluation system, which appraises each employee on an
annual basis against performance criteria appropriate to specific job
requirements and job level.
H. Overtime
A nonexempt employee shall be paid
at one and one-half (1-1/2) times his/her regular base rate for all work performed
in excess of forty (40) hours in any Work Week.
If a nonexempt employee at the
direction of the Contractor performs emergency work or performs work on either
of his/her scheduled days off and the overtime payment for such work amounts to
less than four (4) hours pay at his/her regular base rate, the employee may be
paid four (4) hours pay at this regular base rate (plus shift premium, if any)
as full compensation for such work.
I. Shift Premiums
The Contractor may pay to nonexempt
employees a shift premium of 7% of hourly rate when one-half or more of
their shift falls between 6:00 p.m. and 12 midnight. A shift premium of 10% of hourly rate may be paid to employees
who are scheduled to work a shift in which one-half or more of the regular hours
of work fall between 12 midnight and 6:00 a.m.
The Contractor may pay a shift premium of one hundred dollars ($100) per
month to staff persons regularly assigned to evening and night operations for
the purpose of supervising off shift activities or providing technical
management. Evening operations are
defined as those where half or more of the scheduled shift hours fall between
6:00 p.m. and 6:00 a.m. Where shift
assignment changes occur during a payroll period, the premium will be prorated
for the appropriate portion of the pay period.
Staff persons on short-term project related schedules, emergency
call-ins or Fire Department staff on twenty-four hour schedules are not covered
by this policy.
J. Special Allowances
1. Reporting
Allowances
A nonexempt employee who reports for
scheduled work at the direction of the Contractor and who is prevented from
working all or part of such scheduled work by conditions beyond his/her
control, may be paid a reporting allowance up to the amount he/she would have
received if such scheduled work had been performed.
2. An
employee who is late to work because of widespread fire, storm or flood, or
because of some other cause acceptable to the Contractor and beyond the control
of the employee, may be considered to have reported for work on time provided
that he/she shall have reported for work during the first half of his/her
scheduled work period.
3. Overtime
Meal Period
A nonexempt employee working more
than ten (10) consecutive hours may be allowed a thirty (30) minute paid meal
period. If, due to operational
requirements, an employee is prohibited from taking the full thirty (30) minute
meal period, the lost meal time may, for pay purposes, be considered additional
time worked.
K. Uniform Allowance for Fire and
Security Officers
The Contractor may pay a uniform
allowance to the exempt fire and security officers. The allowance will be made in lieu of certain uniform items being
furnished and maintained by the Contractor.
Each individual will be responsible for fitting, obtaining, and
maintenance of required uniform items on his/her own time.
L. Fire Department Provisions -
Overtime and Accrual Systems for Fire Fighters and Fire Lieutenants
These arrangements are covered under
a collective bargaining agreement with the International Association of Fire
Fighters AFL-CIO, Local No. I-21.
M. Twelve Hour Shift Provisions
Employees assigned to a 12-hour
shift schedule will be covered by regular Laboratory policy, with the following
exceptions:
1. For
work on any scheduled day in the workweek, hours worked after 8 will be paid at
time and one-half (1-1/2). For work on
any nonscheduled day in the workweek, an employee will receive one and one-half
(1-1/2) times base rate.
2. No
shift premium will be paid employees for all hours worked when assigned as a
permanent member of a 12-hour shift.
3. An
employee will receive three (3) times base rate for hours worked on a day
recognized as a holiday, or the day of national recognition. This rate includes pay for the holiday. If an employee is scheduled to work a
12-hour day on a holiday and is not required to work, he/she will receive
twelve (12) hours of straight time pay as holiday pay.
4. Vacation
and sick leave will be charged and paid for at the employee's straight time
rate.
5. Authorized
absences with pay:
a. Funeral Leave. Employees will be allowed up to twenty-four
(24) hours absence with pay at base rate for a death in the immediate family
(as defined by Section X.E.5.).
b. Jury Duty. Employees who have served jury duty during a week will be
compensated for the difference between daily jury pay and twelve (12) hours at
their regular base rate for every scheduled work day during that week.
c. Military Leave. For purposes of computing military leave
pay, the employee's base salary for the period of leave is defined as the base
straight time rate an employee would earn on his/her regularly scheduled
12-hour shift (12 hours per day at base straight time hourly rate).
6. For
the purpose of determining premiums, contributions, and benefits payable under
the Contractor's retirement and insurance programs, an employee's base rate
will be considered to be his/her regular straight time hourly rate times (x)
two thousand eighty (2,080) hours for an annual rate.
7. In
order to establish and maintain an efficient shift operation, employees who are
assigned to the 12-hour shift schedule will normally remain on this schedule
for a minimum of ten (10) consecutive weeks.
8. Contractor
policies regarding overtime meal periods for employees working after ten (10)
consecutive hours are not applicable to employees assigned to a 12-hour shift.
9. General
rules for "relief" or "fill-in" for absent 12-hour shift
employees:
a. "Relief" or
"fill-in" for employees who are absent due to illness or other
nonscheduled absences (where supervisors cannot normally be provided at least
36 hours notice) will normally be made by other 12-hour shift employees on
their nonscheduled day.
b. Employees assigned to a 12-hour shift
will not be permitted to work more than twelve (12) consecutive hours in a
24-hour period.
V. EMPLOYEE
BENEFITS
The Contractor shall develop and implement welfare benefit
programs that meet the tests of allowability and reasonableness established by
FAR 31.205-6, supplemented by DEAR 970-3102-05-6.
A. Benefit
Value and Cost Comparison Studies
The Contractor shall submit
to the Contracting Officer for approval an evaluation of its benefit programs
using professionally recognized measures to compare its benefit programs to
other organizations. The evaluation
shall consist of a Benefit Value Study and a U. S. Chamber of Commerce (COC)
Employee Benefit Survey Comparison or a comparable Contracting Officer approved
Cost Study. The contractor's Value
Study and Cost Study results must fall within the range of acceptability (i.e.,
no more than 5 percent above the comparator for other organizations).
If the contractor uses the
COC survey, it should include a comparative analysis to the COC survey data, utilizing data agreed to by the Contracting
Officer. The calculated per capita
benefits cost per full-time equivalent employee shall be compared to the most recently
published COC survey and contractor benefits data from the same benefit year as
the survey benefit year.
When both the contractor's cost or
value are greater than 5 percent above the comparator for other organizations,
an in-depth study to analyze the specific benefit plans that are above and
below the comparator must be performed.
A corrective action plan to achieve conformance with the range of
acceptability is required.
When only the contractor's per
capita benefit cost per full-time equivalent employee exceeds the range of
acceptability, the requirement for a corrective action plan to achieve
conformance with the per capita cost range of acceptability is at the
discretion of the Contracting Officer.
When only the contractor's
value is greater than 5 percent above the comparator for other organizations, a
corrective action plan to achieve conformance with the range of acceptability
is required.
The Benefit Value Study and
the approved Cost Study shall be conducted at the mid-term of the Contract
and be submitted to the Contracting Officer for approval. If the COC
survey is utilized it shall
be conducted every two years and submitted to the Contracting Officer for
approval.
B. Value
Study Comparison Requirements
The Value Study shall meet
the following requirements:
The Contractor shall
determine a list of no less than 15 participants to be a part of the study and
obtain Contracting Officer approval of the list prior to the performance of the
study.
The Value Study shall include
major non-statutory benefit plans offered by the Contractor, including
qualified defined benefit, defined contribution retirement, and capital
accumulation plans, and death, disability, health, and paid time-off welfare
benefit programs.
The Value Study must be
performed by a national consulting firm with expertise in benefit value
studies.
To the extent the Value
Study does not address post-retirement benefit programs, the contractor shall
provide separate cost and plan design data on post-retirement benefits other
than pensions compared to external benchmarks of a nationally recognized survey
source at least once every three years.
C. Group
Life and Accidental Death and Dismemberment
The Contractor provides Basic Group
Life Insurance equal to one times annual base salary and up to a maximum of
twelve thousand five hundred dollars ($12,500) Accidental Death and
Dismemberment Insurance. Employees will
be eligible to purchase additional amounts at full cost (premium rate set by
the carrier) to either double or triple the total life insurance.
For employees who elect to continue
employment beyond normal retirement age, the following schedule of life
insurance coverage applies:
Basic Supplemental
I Supplemental II
Age 100% base salary 200% base salary 300% base salary
65 .92 x base salary .92 x base salary .92 x base salary
66 .84 x base salary .84 x base salary .84 x base salary
67 .76 x base salary .76 x base salary .76 x base salary
68 .68 x base salary .68 x base salary .68 x base salary
69 .60 x base salary .60 x base salary .60 x base salary
70+ .60% x base salary .60 x base salary .60 x base salary
or
$45,000, which- or $45,000, which- or $45,000, which-
ever
is lesser ever is lesser ever is lesser
D. Medical
The Contractor makes available to
its employees Medical Insurance options, which include a preferred provider
plan and several health maintenance organizations. Employees who elect single
PPO coverage currently pay $36.60 per month, and employees who elect PPO family
coverage currently pay $125.60 per month.
Employees who elect single POS coverage currently pay $32.34, and
employees who elect family POS coverage currently pay $112.25. Employees who elect single HMO coverage
currently pay $33.04, and employees who elect family HMO coverage currently pay
$112.30. Immediately prior to the time
the policy and contracts covering these medical benefits is renewed, the
Contractor will review with the Contracting Officer for approval, the monthly
amount to be charged employees for health plan participation. The Contractor and Contracting Officer will,
within 10 working days after the Contractor informs the Contracting Officer of
the proposed new rates, reach an agreement as to the monthly amount to be
charged. The Contractor will provide
the Contracting Officer with a copy of the certificate of coverage issued by
the indemnity carrier and any subsequent modifications.
Where active employees and/or their
dependents reach age sixty-five (65) and become eligible for Medicare benefits,
the Contractor will coordinate benefits with Medicare coverage following
federal regulations.
Participants in the retiree program
eligible for Medicare will receive URA benefits as carve-out coverage to Medicare
up to the level paid under the schedule of benefits in the URA plan. This benefit can be extended to early
retirees, subsequent to their fifty-fifth (55) birthday. In all early retirement cases, the sum of
unbroken years of service plus age must equal sixty-five (65). Early retirees otherwise eligible who are
subsequently employed elsewhere will become ineligible for retiree coverage if
the new employer makes available a group medical plan (including a contributor
plan). Such subsequent employment will
not preclude the retiree from again being eligible if he/she becomes ineligible
for coverage under any other plan. In
the event a retiree with dependent coverage dies, the dependent coverage will
be continued for a surviving spouse.
Effective January 1 2002, all employees subsequently
electing early retirement will continue to pay the premium amount agreed upon for active employees
following the annual group insurance review.
Effective January 1, 2002, and every
year thereafter, all employees who subsequently retire and are eligible for
Medicare coverage and elect the URA carve-out medical coverage will, in
addition to their Medicare premium, pay URA that amount, if any, by which the
URA premium amount agreed upon for active employees following the annual group
insurance review (the elected single or family premium), exceeds the prevailing
Medicare premium. The minimum premium that Medicare eligible retirees will pay
for URA's medical plan will be $2.50 per month for single coverage and $5.34 for
family coverage. Premiums for Medicare
eligible retirees will be considered every January coincidental with the
announcement of the new Medicare rate starting with January 1,2002. Plan design and retiree rates will be
reconsidered if Congress passes a new law affording prescription coverage to
Medicare recipients.
The Contractor will make available,
at cost, medical insurance for Fermilab foreign visitors and their families
from countries without applicable insurance programs. Visitors are defined as persons who come to the Laboratory to
work on research experiments or to participate in other types of collaboration;
or whose visits are coordinated by Fermilab personnel. Visitors who can obtain applicable medical
insurance from their own countries will not be eligible for coverage. Participants will be charged the current
full premium equivalent of the coverage.
Coverage for medical and major medical insurance will be at the same
benefit level as established for active employees.
E. Long Term Disability
The Contractor provides all
Laboratory employees with Long-Term Disability insurance. .277 of one percent
(1%) of the employee's salary is deducted to partially defray the cost. The
Contractor pays the balance. Benefits
are payable after one hundred eighty (180) days of disability at an amount
equal to sixty percent (60%) of basic salary subject to a maximum benefit of
ten thousand dollars ($10,000) per month.
Benefits payable will be reduced by any amount the employee receives
from Worker's Compensation and/or Family Social Security. If disability occurs before age sixty (60),
benefits will continue until the employee recovers or attains age sixty-five
(65), whichever shall occur first. If
disability occurs after age sixty (60), but prior to attaining age 68, benefits
will continue for five (5) years after disability or until age seventy (70),
whichever occurs first. For employees
disabled within two years of their seventieth birthday or at a later age, benefits
will continue for two years.
For employees who were disabled
before March 1, 1989, the insurance carrier will pay to the employee's
TIAA-CREF Retirement Contract(s) the same amount of money that the employee and
the Contractor were contributing at the time the disability commenced. For employees who became disabled after
March 1, 1989, the insurance carrier will contribute an amount equal to URA's
contribution at the time of disability.
F. Travel Insurance
The Contractor provides travel
accident insurance to all Laboratory employees and certain others, when they
are traveling on Contractor business, at no cost to the traveler. All employees have coverage equal to five
times the basic annual salary up to a maximum of $300,000.
G. Dependent Life Insurance
The Contractor makes available on a
voluntary basis dependent life insurance.
Participation in one of the Supplemental Group Life Benefit Plans is a
requirement for eligibility. Employees
pay the full cost of premium. Coverage
(Option A or B) provided is: Spouse,
five thousand dollars ($5,000) or ten thousand dollars ($10,000). Children, two
thousand dollars ($2,000) or four thousand dollars ($4,000). Children under fifteen (15) days of age are
not covered; between fifteen (15) days and under six (6) months, the insurance
in effect is two hundred dollars ($200) or four hundred dollars ($400).
H. Group Dental
The Contractor provides group dental
insurance through a combined indemnity and dental maintenance organization
program. There is a $6.56 per month
charge to the employees who elect single coverage under the Preferred Provider
Option part of the program. There is a
$7.30 per month charge to the employees who elect single coverage under the
dental maintenance organization part of the program. Employees electing family coverage are charged one half of the
monthly dependent rate in effect for family coverage. The premium is to be
reviewed annually for adjustment based on plan experience.
I.
Worker's
Compensation
1. The Contractor shall submit to the
Contracting Officer for approval all new workers' compensation policies. The Contractor shall provide copies to the
Contracting Officer of all renewal policies for workers' compensation.
2. The Contractor shall have a claims
management program that establishes specific guidelines and practices, and
ensures:
a. The Contractor shall perform a regular
review of its workers' compensation program and provide the Contracting Officer
with annual status reports on all claims reserves over $25,000, as well as
reserves established on all new claims.
b. The Contractor shall conduct an annual
review of all claims over $25,000 in reserves and claims over 2 years old,
regardless of reserve amount.
c. The Contractor shall establish reserves
on all open claims at the end of each policy year but prior to the valuation of
claims for the interim premium adjustment report to determine their
appropriateness.
d. That all of the Contractor’s programs contain
provisions for reviewing and conducting medical cost containment programs, such
as managed care networks where allowed by statutes.
e. The Contractor conducts a sample claims
review of open and closed claims during the first 3 years of a contract period
for both active and canceled policies with existing claims activity and files a
written report to the Contracting Officer.
3. The
Contractor shall review and verify the accuracy of interim premium adjustment
reports and make payment of adjusted premium or request a credit from carrier.
4.
The Contractor shall
ensure that workers' compensation insurance policies contain the following
provisions:
a.
A provision that
excludes any claim on the part of the insurance company to be subrogated on
payment of loss or otherwise to any claim against the United States.
b.
A provision that, in
the event of cancellation or non-renewal by the insurance company, 60 days
advance notice shall be given to the Contractor and the Contracting Officer.
c.
A provision limiting the
insurance company's right of inspection of the Contractor's records and
premises as necessary to comply with DOE's security requirements.
d.
A provision for the
right of assignment of the policy to DOE, with payment of all return premiums,
premium refunds dividends, or other moneys due or to become due, to be payable
to the Government.
e.
Employer's liability
coverage, except in cases where the Contractor has an acceptable self-insurance
program.
f.
Workers' compensation
and employer's liability coverage for its employees in those states that allow
statutory immunity for certain types of employers (e.g., nonprofit educational
institutions).
g.
A Voluntary
Compensation Endorsement (if not automatically provided) that allows for coverage
of employees or volunteers who would not otherwise be covered for accidental
injury (e.g., employees participating in an athletic event or volunteers at the
work site). An additional amendment is
necessary to extend Voluntary Compensation Coverage to occupational disease.
5.
Workers' compensation
loss income benefit payments, when supplemented by other programs (such as
salary continuation, short-term disability) are to be administered so that
total benefit payments from all sources shall not exceed 100 percent of the
employee's net pay.
6.
Workers' compensation
settlement claims up to $100,000 may be settled without DOE Contracting Officer
approval. Claims settlement proposals
above that amount need to be submitted to the Contracting Officer for approval.
7.
The Contractor must
accept a valid workers' compensation claim for work-related illness or injury
as compensable when such a valid claim is initially presented. Furthermore, to the extent permitted by
State law, a contractor must consider a claim for state workers' compensation
as valid if the claim is based on an occupational illness or injury that is so
diagnosed in accordance with any applicable
criteria under State law by physicians associated with the site occupational
medicine clinics or the current and former worker medical monitoring programs
sponsored by DOE. In addition, if the
Secretary directs a contractor not to contest a state workers' compensation
claim or award in accordance with section 3661 of the Energy Employees
Occupational Illness Compensation Program Act of 2000, the contractor must
comply with this direction to the extent permitted by law
8. The
contractor must provide the Contracting Officer with copies of all letters sent
to State workers' compensation officials accepting or denying a compensation
claim for work-related illness or injury.
J. Post-Contractor
Employee Benefit Costs
Upon contract termination
or expiration, the Contractor shall submit to the Contracting Officer for
approval a proposed plan for settling post-contract employee benefit
liabilities in accordance with generally accepted accounting principles.
VI. DOE
CONTRACTOR PENSION PLANS
A. Plan
Conditions
Universities Research Association will provide employee
retirement benefits under the terms and conditions of:
1. The provisions of the TIAA-CREF
Retirement Plan authorized by URA's Board of Trustees, on September 21, and 22,
1978.
2. The TIAA-CREF Supplemental Retirement
Plan authorized by URA's Board of Trustees, on July 11, 1975, as amended in
August 1983.
The Contractor will provide the Contracting Officer
with two copies of the Retirement Plan and Supplemental Retirement Plan. DOE approval is required prior to
implementing any changes to these pension plans. Any modifications to these plans will be forwarded to the
Contracting Officer within thirty days of their authorization by URA's Board of
Trustees.
B. Contributions
Contributions to the retirement plan for participants
shall be made at a rate of 10% of base salary.
C. Eligibility
Those eligible for participation are all paid
officers and all employees who work for the Contractor 1,000 hours or more per
year who have reached the age of twenty one years. Such persons become eligible for participation upon completion of
two years of employment except that immediate prior service with a URA member
institution or a federally funded research and development center will count in
meeting the waiting period for eligibility.
D. Discontinuance,
Modification or Amendments
While it is expected that the retirement plan and
supplemental retirement plan will continue indefinitely, URA's Board of
Trustees reserves the right to modify or discontinue the plan at any time. The Board may also delegate any of its
powers and duties with respect to the plan, or amendments, to one or more
officers or other employees of the Contractor.
Any such delegations shall be set forth in writing. Any discontinuance or modification of the
plan shall not adversely affect the benefits accrued by participants prior to
the date of discontinuance or modifications.
Costs resulting from any amendments to the plan are unallowable
hereunder unless such amendments are approved by the Contracting Officer
provided, however, that costs resulting from amendments which do not provide
discretionary plan subsidies and are required to comply with the Employee
Retirement Income Security Act of 1974 as amended (ERISA) or to obtain
continuing Internal Revenue Service approval of the plan are allowable. A discontinuation of the plan shall cause
reimbursement to DOE with interest of any funds appropriated and received but
unallocated.
E. Repurchase
In the event a participant in this plan leaves the
employ of Universities Research Association, Inc., for reasons other than
retirement or disability and requests that TIAA-CREF repurchase his or her
annuity, the Contractor will approve such repurchase, provided it meets the
conditions under which TIAA-CREF will repurchase annuities. If these conditions are satisfied, the total
contribution accumulated in the annuities (less any repurchase charge) will be
payable by TIAA-CREF to the participant.
The conditions under which TIAA-CREF will repurchase
the annuities of a participant, and the applicable charges for repurchase are
set forth in the booklet, Your Retirement Annuity. Amounts paid to the participant upon repurchase shall be in full
satisfaction of the participant's rights to retirement and/or death benefits.
F.
Termination of
Operations
Should operations at the Contractor be terminated,
DOE and the Contractor shall establish an effective date for spin off or plan
termination and no further work will occur under the prime contract. The Contractor agrees that no further
contributions shall be made after this established date.
G. Terminating
Plans
The Contractor agrees that it shall not terminate any
pension plan (commingled or site-specific) without notifying the Department at least
60 days prior to the scheduled date of plan termination.
H. Annual
Reports
The Contractor shall submit to the Contracting
Officer the following reports annually:
Copies
of IRS Forms 5500 with Schedules for each DOE-funded pension plan
Forms
5300
Copies of all forms in the 5300 series submitted to
the IRS that document the establishment, amendment, termination, spin-off, or
merger of a plan.
VII. RISK
MANAGEMENT AND LIABILITY PROGRAMS
A. Requirements
For the management and operation of the Laboratory,
the Contractor shall:
1. Maintain
commercial insurance or self-insurance programs required by law, regulation,
and the requirements of the contract.
2. Not purchase
insurance to cover liability for nuclear incidents without DOE authorization.
3. Demonstrate
that insurance program costs comply with cost limitations and exclusions at FAR
31.205-19, Insurance and Indemnification, as supplemented by DEAR 970.5228-1,
Insurance-Litigation and Claims, and will ensure that the liability insurance
program is being conducted in the Government's best interest and at reasonable
cost.
4. Provide
current copies of all insurance policies or insurance arrangements, throughout
the contract term, to the Contracting Officer.
B. Terminating
Operations
The Contractor agrees that if operations terminate,
responsible officials shall ensure:
1. That
the Government's interests are protected through proper recording of
cancellation credits due to policy terminations and/or experience rating.
2. Continuing
policy administration requirements are identified and provided by the
terminated Contractor, another DOE Contractor, or a DOE Operations/Field
Office.
3. Insurance
policies are transferred to DOE through an "assignment" of policies
after all claims are closed.
C. Successor
Contractor or Insurance Policy Cancellation
The Contractor agrees that unless otherwise
determined by DOE to be in the Government's best interests, the Contractor
shall ensure:
1. that insurance policies of a former DOE
Contractor are assumed by the successor.
2. the
contractor protects the government’s interests through proper recording of all
cancellation credits, due to policy terminations and/or experience rating.
3.
that a successor
contractor assumes any continued claims administration relating to the former
DOE contractor operation.
4. that all incurred but not reported
claims, at the time of termination, will be reported to and handled by the
appropriate insurer.
5. that any successor contractors obtain
the written approval from the Contracting Officer before any change in program
direction; and insurance coverage replacement is implemented.
D. Reports
1. The Contractor shall each year of the contract
provide the Contracting Officer with annual experience reports for each type of
liability (i.e., automobile and commercial general liability) listing the
following for each category:
a. The amount paid for each claim
b. The amount reserved for each claim
c. The direct expenses related to each
claim
d. A summary for the year showing total
number of claims
e. A total amount for claims paid
f. A total amount reserved for claims
g. The total amount of direct expenses
2. When applicable, separately identify
total policy expenses e.g., commissions, premiums, and costs for claims
servicing) and major claims during the year including those expected to become
major claims (e.g., those valued at $100,000 or greater).
3. Additional claim and financial
experience data may be requested from the policyholder on a case by case basis.
VIII. CONTRACTOR
WORKPLACE SUBSTANCE ABUSE PROGRAMS
A. Requirements
The Contractor shall maintain a program that complies
with the requirements of 10 CFR Part 707, Workplace Substance Abuse Programs at
DOE Sites. The Contractor's program is
documented in Section 30 of the Personnel Policy Guide. Positions that fall within the scope of
other agency requirements shall, in addition, comply with the substance abuse
program requirements of those agencies.
These include the Department of Transportation (DOT), the Nuclear
Regulatory Commission (NRC), and the Department of Defense (DOD).
B. Reports
The Contractor shall submit reports and maintain
records as required in 10 CFR Part 707 and DOE Order 350.1.
A. Recreation and Morale Benefits
Recreation and morale benefits shall
be in accordance with FAR 31.205-13.
B. Health
In addition to pre-employment
physical examinations, the Contractor gives other examinations on a scheduled
basis for certain job classifications and upon request. Employees are consulted
regarding their health upon their request and contact with private physicians
is maintained in Worker's Compensation cases as well as other long-term
illnesses. Preventative health programs
are scheduled as well as first aid tendered.
C. Employee
Assistance Program
The Contractor shall
(1) maintain a program of preventive services, education, short-term
counseling, coordination with and referrals to outside agencies, and follow-up
upon return to work that conforms to the requirements of 10 CFR 707.6, Employee
Assistance, Education, and Training; (2) submit for approval by the Contracting
Officer any changes to the employee assistance program implementation plan; (3)
prepare and submit information to DOE concerning Employee Assistance Program
services as requested by the Contracting Officer. Such reports shall not include individual identifiers.
D. Day Care
The Contractor is authorized to
operate a child care center, by subcontract or otherwise; however, the
Contractor shall not reimburse the salaries of the teachers/caregivers with
funds provided under this contract.
Furthermore, the costs for labor, materials, and supplies expended for
the operation of the childcare center (e.g., teachers, caregivers,
instructional materials, and equipment) shall be fully recovered from the
participants. The contractor shall
provide adequate property damage liability and bodily injury liability
insurance naming DOE as additional named insured in order to hold the
Contractor and DOE harmless for all
liability arising out of operation of the center. The Contractor shall use
its best efforts to add the Department of Energy, at no additional premium or
cost, as an additional named insured under the Contractor's existing liability
policy covering the Fermilab Day Care Center.
Should the insurer be unwilling to add DOE at no additional cost, the
Contractor shall notify the Contracting Officer. The Contracting Officer shall in turn advise the Contractor on
whether or not DOE desires such coverage.
If desired by DOE, the costs are allowable under the contract.
The Contractor agrees that its day care benefit
programs will meet both DOE and Fermilab employee needs and their respective
management objectives based on valid day care needs.
In addition, the Contractor agrees that support costs
associated with the operation of a day care facility for exclusive use of DOE,
contractor, and subcontractor
employees and users may include reasonable costs for communication of
the program to employees and all or
a portion of such expense items as utilities and maintenance, as well as food
and medical services or supplies already used in support of site operations and
which are readily available to additionally support the facility. Such use shall be approved by the
Contracting Officer in advance.
The Contractor and day care (program) provider
organizations must ensure that the provider organizations operate, maintain,
and upgrade any proposed workplace day care facility in compliance with
applicable Federal, State, and local policies, regulations, and requirements
for environment, safety, and health.
E. Patent and Copyright Awards
An employee may be awarded a payment
in accordance with the following schedule of activities and participants in the
project:
NUMBER OF INVENTORS
Event
1 2 3 4 or More
Record of Invention
(hardware or software)
$100 $ 75
$ 50 $ 25
Award of Patent $500 $350
$250 $150
Software Registration
$250 $175 $125 $ 75
F. Service Awards
Service awards not to exceed an
average cost of one hundred dollars ($100) may be given to employees who
complete ten, twenty, twenty five, thirty and thirty-five years of
service. Employees who retire prior to
award ceremonies are eligible to receive the respective award.
G. Other Awards
An employee may be awarded a payment
for an idea submitted and adopted by the Contractor in accordance with policies
established by the Contractor and approved by the Contracting Officer. The determination of awards requires the
Laboratory Director's approval within the policies on awards approved by the Contracting
Officer. A report of each such award
will be submitted to the Contracting Officer.
X.
PROGRAM INVOLVING EMPLOYEE ABSENCE
FROM THE WORK PLACE
A. Vacations
1. Nonexempt Employees
a. Full-time nonexempt employees hired
prior to January 1, 1997, will earn vacation credit based on the following:
Nonexempt
employees may be allowed to earn vacation from the date of employment until the
fifth anniversary of employment at a monthly accrual rate of ten (10)
hours. From the fifth to the seventh
anniversary, the monthly accrual will be increased to thirteen and one-third
(13-1/3) hours. Commencing with the seventh anniversary, and every two (2) year
anniversary thereafter up to and including the twenty-fifth, the monthly
accrual rate will be increased by two-thirds (2/3) of an hour.
b. Full-Time nonexempt employees hired on
or after January 1, 1997, will earn vacation credit based on the following:
Length
of Service Rate of
Accrual
Less
than 5 years 1-1/4
working days for
each
month of service
5
but less than 10 years 1-1/2 working
days for
each
month of service
10
but less than 15 years 1-3/4 working
days for
each
month of service
15
or more years 2 working
days for
each
month of service
c. If an employee's anniversary of
employment falls on or before the fifteenth of a month, that month's accrual
shall be determined as though the anniversary was the first of that month. If an employee's anniversary of employment
falls after the fifteenth of a month, that month's accrual shall be determined
as though the anniversary date were the first of the following month.
d. For the purposes of this section, if an
employee is laid off and is subsequently re-employed within eighteen (18)
months or if an employee enters and returns from military service, his/her
employment will be considered to be continuous during the period of such layoff
or military service, except that vacation shall not accrue during the period of
absence.
e.
Vacation may be paid at
an employee's basic hourly rate.
f. When an employee is terminated, he/she
may be paid for any unused vacation earned up to and including the month of
termination at the same rate as if he/she had used it.
g. Accrued vacation may not exceed more
than twenty-four (24) times the employee's current monthly accrual rate.
h. Nonexempt employees, hired before
January 1, 1997, and who are promoted to an exempt position will accrue
vacation at the same rate as exempt employees hired prior to January 1, 1997.
2. Exempt Employees
a. Exempt employees hired prior to January
1, 1997, will earn vacation credit based on the following schedule:
Exempt
employees may earn two (2) working days vacation credit for each calendar month
during which the employee is in pay status at least eleven (11) working days.
b. Exempt employees hired on or after
January 1, 1997, will earn vacation credit based on the following schedule:
Length
of Service Rate of
Accrual
Less
than 5 years 1-1/2
working days for
Each
month of service
5
but less than 10 years 1-3/4 working
days for
each
month of service
10
or more years 2 working
days for
each
month of service
c. A newly hired employee shall not be
considered as having any accrued vacation credits until he/she has completed
three (3) months of continuous service with the Contractor. Upon completion of such three (3) months'
service, the employee shall be credited with vacation which otherwise would
have been earned during that period.
d. Accrued vacation may not exceed more
than 24 times the employee's current monthly accrual rate.
e. Vacation pay for each day of vacation
used shall be on the basis of the employee's basic monthly rate.
f. Upon termination, an employee may be
paid for any unused vacation credits earned up to and including the month of
termination.
g. Under certain compelling circumstances,
the Contracting Officer may approve in writing, on a case-by-case basis, exceptions
to the vacation schedule for employees hired on or after January 1, 1997.
3. Vacation Accrual During Leave of
Absence
In cases of
authorized leave of absence, time spent on leave of absences may, within the
Contractor's discretion, be counted toward vacation credit.
4. New hires on or after January 1, 1997,
with immediate prior service at a URA member institution or an FFRDC, if
approved by the Contracting Officer, will be eligible for the applicable
vacation accrual schedule under the schedules used for employees hired prior to
January 1, 1997.
B. Holidays
Ten (10) days may be recognized as
holidays each calendar year by the Contractor, including the following:
New Year's
Day Friday After
Thanksgiving Day
Martin
Luther King Day One-half day
before Christmas Day
Memorial
Day Christmas
Day
Independence
Day One -half day before
New Year's Day
Labor Day Floater
Thanksgiving
Day
If any of the above days fall on a
Saturday or Sunday, either the preceding Friday or the following Monday may be
recognized as the holiday. The
Contractor may determine the manner of use of the floater holiday and may vary
it from year to year; e.g., it might
be used as two half-day holidays.
C. Holiday Pay
For exempt employees, no deduction
will be made from salary for reason of absence on any day recognized as a
holiday. Nonexempt employees may be
paid for each day recognized by the Contractor as a holiday an amount not
exceeding eight (8) times the regular hourly rate (such rate to include shift
premium if applicable) whether or not the holiday falls outside of a scheduled
work week.
In addition to the eight (8) hours
pay specified above, nonexempt employees may be paid two (2) times their
regular hourly rate (double time) for all hours worked on a day recognized by
the Contractor as a holiday. They may
be paid double time for any work on a day of national holiday observance
preceding or following (as the case may be) the day recognized by the Contractor
as the holiday; such payment will be made only in cases where they will not
have performed work on the recognized holiday.
The twenty-four (24) hour period commencing with an employee's scheduled
starting time on the calendar day recognized as a holiday may be deemed to be
the holiday for purposes of computing holiday pay.
D. Disability and Sick
Leave
1. Occupational Disability Leave
a. Nonexempt Employees
A
nonexempt employee who is unable to perform work for the Contractor due to an
occupational illness or accidental injury arising out of and in the course of
employment for the Contractor may be entitled to benefits under Worker's
Compensation or Occupational Diseases Statutes. The
Contractor
may pay occupational disability leave as a supplement to any payments under
these laws so that the total received will equal what the employee would have
received at his/her basic hourly rate for scheduled work time aggregating not
in excess of seven hundred twenty (720) hours for each disability.
b. Exempt Employees
An
exempt employee who is unable to perform work for the Contractor due to an
occupational illness or accidental injury arising out of and in the course of
his/her employment for the Contractor may be entitled to benefits under
Worker's Compensation or Occupational Diseases Statutes. The Contractor may pay
occupational disability leave as a supplement to any payments under these laws
so that the total received will equal what the employee would normally have
received, for such period of time as in the judgment of the Contractor is
deemed advisable. No individual shall
be granted occupational disability leave in excess of six (6) calendar months
in any one (1) calendar year or for any one period of disability, or in excess
of the total time actually worked prior to the time at which the leave is
granted.
2. Sick Leave
a. Nonexempt Employees
(1) A nonexempt employee who is unable to
perform work for the Contractor due to illness or injury arising otherwise than
out of and in the course of employment for the Contractor may be granted sick
leave as herein provided.
(2) An employee may receive pay at his/her
basic hourly rate, beginning with the first day of each absence from scheduled
hours of work for scheduled work time aggregating not in excess of the number
of hours of sick leave which the employee has accrued.
(3) The number of hours of sick leave which a
nonexempt employee has accrued at any one time shall be computed as follows:
An employee shall accrue sick
leave at the rate of one hundred forty-four (144) hours per anniversary year,
to a total not to exceed
one
hundred thirty (130) working days. Accrual will be on a monthly basis for each
calendar month during which the employee is in pay status at least eleven (11)
working days.
b. Exempt Employees
An
exempt employee who is unable to perform work for the Contractor due to illness
or injury arising otherwise than out of and in the course of his/her employment
for the Contractor may be granted sick leave. All exempt employees shall accrue
sick leave at a rate of 1.5 days per month to a maximum of one hundred thirty
days (130).
3. Release for Health Reasons
An employee
who is terminated for health reasons may be paid at his/her basic hourly rate
for all hours accumulated in his/her sick leave account as of the date of the
release.
4. Short Term Disability
Short-term
disability will be available to employees after a waiting period of 7 working
days. The benefit under short-term disability will be 50% of pay after all sick
leave and vacation accrual are exhausted. The use of sick leave or vacation satisfies
the 7-day waiting period. The maximum benefit will be 26 weeks to provide a
bridge to long term disability.
E. Other Excused Absences
1. Civic Responsibility and Other
Absence
Excused
absence with pay at their regular rate to a maximum of normally scheduled work
hours for employees may be permitted for the following reasons:
a. Absence caused by being called to serve
as a juror or witness in any of the various courts of law. Employee must turn in his/her fee, but is
entitled to retain any allowance given him/her for transportation costs.
b. Absence caused by preinduction
processing required prior to entering the Armed Forces or by physical
examination requirements of reserve programs.
c. Absence from work by employees acting
in the capacity of union stewards and committeemen for time spent in handling
grievances, negotiating with the Contractor and serving on labor-management
(Laboratory) committees.
d. Absence caused by employee voting in
public office elections. Work schedules will be changed as needed to ensure
that work either starts at least two hours after the polls open or ends at
least two hours before the polls close.
2. Military Leave
An employee
may be granted leave with pay not to exceed fifteen (15) calendar days per year
for active training duty in the Armed Forces Reserve or the Coast Guard Reserve
of the United States, The National Guard, or the Air National Guard. Pay allowed for such leave will not exceed
the difference between the employee's base pay for the period of leave and
military pay (base and longevity pay, but excluding special pay and allowances)
for the same period.
Employees
who are members of military reserve organizations, including the National Guard
and Coast Guard who are ordered to active duty for an emergency duty call-up by
the President or the State Governor may be paid the difference between the
employee's rate of pay based on a 40 hour week and basic military pay,
excluding special allowances or premium pay such as subsistence, travel and
uniform allowance for a period of up to180 calendar days.
3. Leave for Professional Advancement
It is the
policy of the Contractor to assist employees in their professional
advancement. A leave of absence may be
granted, by the Director, to a professional staff member when, in the opinion
of the Directorate, such a leave would be to the advantage of the
Contractor. For the purpose of the
application of these leave of absence practices, a professional staff member is
typically defined to be a scientist, an engineer or a person with major
administrative responsibility. The types of leave which may be granted include
assignment to other institutions for teaching, for research and for otherwise
furthering professional capability.
Such leaves may coincide with a fellowship or other similar award.
Salary
payment may be made to a professional staff member during a leave of absence
only if such payment is recommended by the Director and approved by the URA
Board of Trustees. Leaves with pay will
normally be limited so as not to exceed one month for each year of service (not
including periods of leave.) In
evaluating a recommendation for leave with pay, any stipend, grant or other
income which the employee may receive or derive from others in connection with
the leave will be taken into account.
Vacation and sick leave credits will be accorded to an employee on leave
of absence in proportion to the fraction of normal salary that is being paid by
the Contractor. The employee will be
permitted to continue participation in Contractor group insurance plans.
An employee
granted a leave of absence will be required to sign a statement indicating an
intention to return to the Contractor as an employee for a period at least
equal to the leave granted. In the
statement, the employee will acknowledge recognition of the Contractor's right
to require compensation for the leave if the employee does not return. There will normally be no more than seven
staff members on leaves of absence with pay concurrently.
4. Personal Absences
a. Nonexempt
Excused
absences with pay for nonexempt employees in addition to those made under other
provisions of this Appendix A may be granted by the Laboratory Director or
his/her designee to meet unusual personal situations, provided a record is
maintained reflecting the nature of such personal situations in each instance.
b. Exempt
Excused
absences without loss of pay may be granted to exempt employees for reasons
deemed sufficient by the Laboratory Director or his/her designee, including but
not limited to the reasons indicated above in this section.
5. Funeral Leave
Employees
suffering a death in their immediate family (defined as spouse, child, parent
or "foster" parent, brother, sister, parent-in-law, grandparent,
grandchild) shall, if necessary, be excused from work to make arrangements for
the funeral and to attend the funeral.
Pay will be at the employee's regular hourly rate for any work time lost
solely because of such activities, to a maximum of three (3) days and not to
exceed eight (8) hours per day.
6. Time Off Due to Public Emergency
Employees may
be granted time off with pay during a public emergency which effectively
prevents their attendance at work or the continuance of work in a normal and
orderly manner. A public emergency
includes a natural disaster (such as fire, flood, earthquake), a manmade
disaster (such as a demonstration, riot or act of sabotage), or inclement
weather. Authorization for time off
with pay for such emergencies will be made by the Director of the Laboratory or
authorized designee with notice to the Contracting Officer.
7. Parental Leave
Employees
may be granted up to eight hours (no more than four in any one day) of unpaid
leave during any 12 -month period to attend or participate in school related
events for his or her child.
F. Leave Without Pay
The
Contractor may grant leave without pay for up to two (2) years, to an employee,
without loss of employee status, for such time and upon such terms and
conditions as the Contractor shall determine; provided, however, that in no
case shall the vacation accrual of an employee on leave without pay for more
than fifteen (15) consecutive calendar days in any one (1) calendar year be
based upon time spent on such leave in excess of fifteen (15) calendar days.
G. Part-time Leave of
Absence
A
full-time employee who is granted a part-time leave of absence may be deemed a
full-time employee for all purposes of this Appendix A, except that during such
leave:
1. Contributions pursuant to the
Retirement Plan are determined on the basis of the adjusted salary of such
employee.
2. The employee may be required to make
contributions to basic group life insurance coverage proportional to the amount
by which his/her salary as a full-time employee exceeds his/her adjusted
salary.
3. The employee may be required to make
contributions for disability income insurance coverage.
4. The rate at which the employee accrues
a vacation credit is reduced on a pro-rata basis to the nearest one-half (1/2)
day per month, and such accrual is recalculated and adjusted at the end of the leave
of absence to correct for inaccuracies resulting from the rounding off which
occurred each month during the leave of absence.
5. The employee accrues sick leave credit
on a pro-rata basis [one and one-half (1-1/2)] days sick leave credit per month
being considered the accrual of a full-time employee) calculated monthly to the
nearest half (1/2) day, and such accrual is recalculated and adjusted at the
end of the leave of absence to correct for inaccuracies resulting from the
rounding off which occurred each month during the leave of absence.
XI.
EMPLOYEE TRAINING, EDUCATION
AND DEVELOPMENT
Training costs are subject to the requirements and
limitations of FAR 31.205-44 and Clause H.4.(d). To the extent, consistent with these requirements:
A. The Contractor may reimburse any
employee who successfully completes a formal course and/or a course leading to
an earned academic degree which the Contractor approves as pertinent to the
employee's Contractor career or to work of the Contractor or who with Contractor
approval, successfully completes a vocational training course approved by the
Contractor for the cost of tuition, fees, text books, and like expenses. The Contractor will not duplicate payments
for educational expenses supported by sources outside the contract including
but not limited to Veteran's benefits payable for education, scholarships, and
tuition discounts. The Contractor may
prepay allowable education expenses when deemed appropriate.
B. The Contractor will limit payment of
benefits under this section to those instances where the research or the course
of instruction or training may reasonably be expected to benefit the Contractor
either directly or indirectly through the employee's advancement in his/her
profession or skill. Where appropriate,
the Contractor will ascertain that proper scholastic standings are maintained
before authorizing such research, instruction, or training to continue from
term to term.
C. Employee training programs may be
conducted to increase employee skills and efficiency; to develop techniques for
solution of operating programs; and to prepare participating employees for
increased responsibility. Training
programs may include but are not limited to orientation, supervisory training,
executive development, employee development, professional organizations and
seminars.
D. The Contractor may pay appropriate fees
to Contractor employees who conduct classes for Contractor employees. Such fees will not exceed fifty dollars
($50) per class hour of instruction. Payment
is limited to courses provided under Contractor training programs and requiring
outside preparation and not considered a normal part of the recipient's job
assignment.
E. The Contractor may sponsor undergraduate
and graduate fellowship programs for students representing underutilized groups
in technical employment fields normally sought through the Contractor's
recruiting program. Students in the
program will be employed by the Contractor during the summer and will be on
leave of absence during the school year.
A fellowship will be paid for the leave of absence, which will
supplement any university financial support, if, any, up to a predetermined
maximum amount. On an annual basis, the
Contractor will submit for Contracting Officer approval, a request for approval
of expenditures stating the total estimated cost, projected number of
participants and the maximum level for individual fellowships during the
year. Increases in total cost, number
of participants or maximum level for individual fellowships must have
Contracting Officer approval.
Students will be admitted to the
universities by the respective institution's usual policies and
procedures. Each fellowship student
will have a technical staff member from the Contractor assigned as an advisor
to aid the student's academic progress, as appropriate.
XII. EMPLOYMENT AND RECRUITMENT EXPENSES
A. Employment
and Recruiting Expenses
Employment and recruitment
expenses will be in accordance with FAR 31.205-34, Recruitment Costs.
The Contractor may pay a
sign-on bonus to recruit employees with critical skills or an annual retention
bonus to retain employees with critical skills or whose expertise is critical
to the completion of a specific project.
B. Physics
Program Appointments
The Contractor may offer
temporary guest appointments to Physicists for work as required for the
Contractor in the High Energy Physics Program.
Appointees may be reimbursed as follows:
1. Appointee
may elect home institution fringe benefit coverage.
2. Payment
of costs for transportation of appointee and family in accordance with FAR
31.205-46 supplemented by DEAR 970.3102-05-46 and Clause H.4.(c).
3. If
an appointee retains, with the approval of the Contractor, his/her established
residence void of rental or other income, he/she may be reimbursed for the cost
of equivalent and reasonable housing for himself/herself and family for the
term of the appointment.
4. If
an appointee rents or obtains other income from his/her established residence,
he/she may be reimbursed for the cost of the difference in equivalent and
reasonable housing for himself/herself and family for the term of the
appointment.
In the event the appointee becomes a
regular employee, he/she will be entitled to reimbursement for relocation
expenses in accordance with FAR 31.205-35, Relocation Costs.
Travel expenditures shall be reimbursed in accordance
with FAR 31.205-46, supplemented by DEAR 970.3102-05-46, Clause H.4.(c), and
Clause H.20. Relocation expenditures shall be reimbursed in accordance with FAR
31.205-35, Relocation Costs.
XIV. SPECIAL
PROFESSIONAL SERVICES
A.
The Contractor may pay
fees or honoraria to persons, other than full-time employees of
another DOE Contractor, who deliver
lectures, conduct scientific or engineering courses or symposia, or perform
similar professional services for the Contractor. The fee per day of services shall not exceed four hundred dollars
($400) and shall be based upon the individual's professional standing, the
value of his/her services, the degree of inconvenience to the individual,
amount of time devoted to the service, and other relevant factors. In the case of persons from nearby
institutions or organizations, the fee may include an amount in lieu of reasonable
expenses. In other cases, travel
expenses, in accordance with FAR 31.205-46 supplemented by DEAR 970-3102-05-46
and Clause H.4.(c), may be reimbursed separately from the fee.
B. The Contractor may pay a fee of two
hundred fifty ($250) per day to each member of the Fermilab Physics Advisory
Committee for work done in connection with their committee assignment. The person serving as chairperson of the
committee may be paid at a rate of three hundred fifty ($350) per day. Excepted from this provision are those
committee members who are full time employees of another DOE Contractor. Travel expenses will be reimbursed in
accordance with FAR 31.205-46 supplemented by DEAR 970-3102-05-46 and Clause
H.4.(c). in addition to the fee.
DEFINITIONS
Director - the
administrative head of the Laboratory, including any person duly authorized and
serving as Acting Director.
Employee -
a person employed by the Laboratory to carry out work under Contract No.
DE-AC02-76CH03000.
Exempt Employee - an employee exempt from the overtime provisions of the Fair Labor
Standards Act.
Nonexempt Employee - an employee subject to the overtime provisions of the Fair Labor
Standards Act.
Full-time Employee - an employee who is regularly scheduled to work at least forty (40)
hours per week.
Part-time Employee - an employee who is regularly scheduled to work less than forty (40)
hours per week.
Regular Employee - an employee whose employment is intended to extend beyond six (6)
months but is not limited to a stated period of time and who has not been given
a continuing appointment.
Term Employee - a regular employee whose employment is for a stated period of time
greater than six months.
Temporary Employee - any employee whose employment is intended not to extend beyond six
(6) months.
Work Day (of an employee) - the period of twenty-four (24) hours, commencing
with the time the employee commences work.
Work Week (of an employee) - the period extending from Sunday midnight to the
following Sunday midnight.
Promotional Increase - A salary increase granted upon assignment to a
position with increased responsibility and normally higher salary grade and
salary rate.
Adjustment Increase - A special salary increase that is granted to correct salary
inequities due to internal and/or external factors.
Merit Increase - A salary increase that is granted to an employee based upon
performance in the current position to which the employee is assigned and is
based upon performance during the most current performance appraisal period.