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1201. Employee Benefits
1202. Medical Privacy
1203. Retiree Health Insurance
1204. COBRA
1205. Employee Assistance Program
1206. Workers' Compensation
1207. Domestic Partner Benefits

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Table Of Contents

1200 BENEFITS

1201. EMPLOYEE INSURANCE BENEFITS. Full-time and part-time regular employees, and some contract and grant-funded employees budgeted to work 30 or more hours per week are eligible for group insurance benefits as provided by the City and modified by the City Council. Information on employee benefits and eligibility requirements are available from the Human Resources Department.
      Any full-time or part-time regular employee eligible for benefits who competes for and is accepted into the Police or Fire Academy will continue to receive their existing insurance and retirement benefits, without a break in service, as adopted by the City Council.
1202. MEDICAL PRIVACY.
      From time to time the City may require and obtain employee medical information as it relates to that employee’s ability to perform the essential functions of their position. This information may be obtained as a result of a Workers’ Compensation injury, Family and Medical Leave qualifying event, request for reasonable accommodation under the Americans with Disabilities Act, or Fitness for Duty Evaluation.
      It is the policy of the city to maintain strict confidentiality of all medical information obtained in accordance with all state and federal regulations and to use medical information obtained for the purposes stated in the Release of Information. Managers and supervisors will be informed of any current restrictions, however, medical information will only be released to those with a need to know.
1203. RETIREE HEALTH INSURANCE.
      Effective July 1, 2004 all PERA eligible employees will contribute on a bi-weekly basis through payroll deductions to the New Mexico Retiree Health Care Authority in the amount prescribed by the New Mexico State Legislature and as amended from time to time as a term and condition of employment.
1204. COBRA POLICY:
      The City of Las Cruces adheres to all requirements of the Consolidated Omnibus Budget Reconciliation Act (COBRA) as they apply to our employees. The City’s COBRA policy is administered by the State of New Mexico General Services Department, Risk Management Division (RMD). Should an employee lose their medical, dental, or vision coverage under the plans offered through the State of New Mexico RMD as a result of a qualifying event, the employee and their eligible dependents will be given the opportunity to continue to purchase coverage as a group member for the legally-specified period of time following the loss of coverage.
      Although employees’ right to elect continuation coverage occurs upon a qualifying event, coverage is not automatic. Employees and / or their eligible dependents must make an affirmative election of coverage before coverage will begin. The State of New Mexico RMD will notify the employee and / or their eligible dependents of their rights and the stipulations necessary to continue coverage under COBRA. The election to continue coverage must be made within 60 days of the date coverage is lost or the date of the notice of eligibility, whichever is later.
      1. Eligibility:
         Employees are eligible for continuation coverage if terminated from employment for any reason other than for gross misconduct or if a reduction in hours results in the loss of coverage under our group medical, dental, and vision plans. Continuation coverage will be available for 18-36 months, depending upon the qualifying event.
      2. Qualifying Event: A qualifying event (QE) for purposes of continuation of coverage under COBRA occurs when:
         1. The employee is terminated for any reason other than gross misconduct on the employee’s part. (QE for the employee, spouse, and dependent children, or domestic partner and dependent children).
         2. The employee’s working hours are reduced to the point that he/she loses some or all of the benefits under the plan (QE for the employee, spouse, and dependent children, or domestic partner and dependent children).
         3. The employee is divorced or legally separated (QE for the employee’s spouse and dependent children).
         4. The employee’s spouse is divorced from the employee or obtains a legal separation (QE for the employee’s spouse).
         5. The employee becomes entitled to Medicare (QE for the employee’s spouse and dependent children, or domestic partner and dependent children).
         6. The employee’s dependent child loses dependent status as defined by the plan (QE for that dependent child).
         7. The employee does not return to work after FMLA leave ends (QE for the employee, spouse, and dependent children, or domestic partner and dependent children).
      3. Notice of Election:
         The City of Las Cruces Human Resources Department will notify the State of NM RMD of the qualifying event within 30 days of receipt of notification of the qualifying event. The employee or the employee’s qualified beneficiary must notify the Benefits Coordinator within 31days of a divorce or legal separation or the date on which the employee’s child ceases to be a dependent under the Benefit plan rules.
         The State of NM RMD will mail notice of the right to elect continuation coverage to the employee or his/her qualified beneficiary by first-class mail to his/her last known address or to the last known address of the qualified beneficiary.
      4. Length of Coverage:
         The length of coverage depends on the type of qualifying event that occurs.
         1. 18-month period. Qualifying events include termination of employment, other than for gross misconduct, or a reduction of hours.
         2. 29-month period. A qualified beneficiary is determined under the Social Security Act to have a disability at the time of a termination of employment or reduction in hours. .
         3. 36-month period. This is given:
            1. for the death of the covered employee;
            2. for the loss of dependent child status under the plan;
            3. when the covered employee becomes entitled to Medicare;
            4. for divorce or legal separation of the covered employee;
            5. for multiple qualifying events.
      5. Coverage Termination:
         Continuation coverage may be terminated prior to the end of the applicable coverage period if any of the following circumstances occur:
         1. The qualified beneficiary (the employee, the employee’s spouse or the employee ’s spouse on behalf of dependent children or domestic partner) fails to make timely payment of premiums for continuation coverage.
         2. The qualified beneficiary becomes covered under another group health plan that is not maintained by the State of NM RMD, or City of Las Cruces and does not contain any pre-existing condition limitation or exclusion affecting the qualified beneficiary.
         3. The qualified beneficiary becomes eligible for Medicare.
         4. The City’s group health plans are terminated.
         5. The continuation period has been extended because the qualified beneficiary was a person with a disability but no longer has the disability.
         6. For cause on the same basis that the coverage of similarly situation active employees may be terminated.
      6. Cost:
         The cost for continuation coverage will be determined by the State of NM RMD.
         Employees are responsible for the same deductibles and co-payments under the plans that the employees were responsible for before coverage was lost. Any amounts already incurred under the original plan will be credited to the employees’ continuation coverage.
1205. EMPLOYEE ASSISTANCE PROGRAM
      POLICY:
      The City will provide professional and confidential assistance to any employee and their immediate family (spouse/domestic partner and dependent children) who may wish to consult with a professional counselor regarding a personal or family problem. The services provided are confidential and are available at no cost to the individual.
      1. SCOPE:
         EAP services provided are short-term, focused on problem solving and very practical in nature. In the instance where an individual is specifically in need of a great level of assistance, that person will be referred to the most appropriate professional as provided for in the employee benefit package.
         1. It is the responsibility of management to support this policy by remaining alert to job performance and behavior changes, and to bring these to the attention of the employee, along with an offer of assistance at the earliest indication of a recurrent problem. Directors, Administrators and Managers should not attempt to diagnose the nature of the personal problem, but should use the EAP to deal with work performance/work habit problems.
         2. Employees are encouraged to seek assistance through or accept referral to the EAP and to comply with the recommended action plan when personal problems are affecting the employee’s work performance. An employee’s continued failure to take action to resolve a work problem will be handled through the applicable City policies.
         3. Participation in the EAP in no ways relieves the employee of the responsibility to meet acceptable work performance and conduct standards. Normal corrective action procedures will continue during an employee’s participation in the program.
      2. REFERRALS:
         1. Employees may obtain professional assistance through the EAP by self-referral or Director/Manager or supervisor referral.
            1. Self-Referral:
               1. An employee, or dependent, who desires confidential assistance for a personal problem should call the EAP office and schedule an appointment.
               2. All communication between the employee, or dependent, and the EAP counselor is confidential. When the counselor becomes aware of a situation where the employee or dependent, presents a clear and present danger to themselves or others, the EAP counselor will take whatever action is deemed appropriate and necessary to mitigate the danger, pursuant to applicable state and federal laws.
            2. Director/Manager/Supervisor Referral:
               1. Referral to the EAP by a Director/Manager/Supervisor may be based upon an employee’s request for assistance with a personal problem that may be affecting, or has the potential to affect, the employee’s job performance. When an employee has come to a Director/Manager/Supervisor to seek advice regarding a personal problem, the Director/Manager/Supervisor should make the team member aware of the professional assistance available through the EAP and offer to assist the team member in arranging an appointment with the EAP counselor. Referral to EAP shall be strictly voluntary except when such referral is the result of a violation of the Violence in the Workplace Policy or Substance Abuse Policy.
               2. If the team member chooses not to accept assistance at this time, the Director/Manager/Supervisor should reinforce the organization ’s expectation for improved performance or appropriate conduct and the consequences for failure to improve. Results of this meeting should be documented.
               3. All information pertaining to an employee’s referral to the EAP and information provided by the EAP counselor to the Director/Manager/Administrator should be accorded the same standards of confidentiality as applied to all mental health/substance abuse treatment related records and information.
            3. Appointments During Working Hours: An employee can schedule meetings with the EAP counselor during normal working hours. For visits to an outside provider during work hours, the employee shall use leave accruals, if available, or Leave Without Pay if no leave accruals are available.
1206. WORKERS' COMPENSATION. To the extent provided by law, all City employees are covered under the provisions of the New Mexico Workers' Compensation Act. Workers ’ Compensation covers work-related injuries or illness arising out of and in the course of employment that requires medical, surgical, or hospital treatment.
      1. PROCEDURES:
         1. All on the job illnesses and injuries (no matter how minor an on-the-job injury may appear) which are work-related must be formally reported immediately or as soon as possible to the employee’s immediate supervisor. The employee and the supervisor shall prepare a Notification of Accident form and the employee shall report to the Risk Management Office with the completed form. If an employee is injured during a period which Risk Management is not open, the employee should report to the emergency room for treatment if necessary, and notify their immediate supervisor as soon as possible. After emergency treatment has been received, the Notification of Accident form shall be completed and forwarded to Risk Management.
         2. The City reserves the right to require a medical examination at any time during the Workers’ Compensation absence and prior to the employee’s return to work.
         3. The City will not be liable for the payment of Workers' Compensation benefits for injuries that occur during an employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the City.
         4. FMLA leave runs concurrently with any workers’ compensation leave.
         5. Any questions regarding Workers' Compensation or on-the-job injuries should be directed to the City's Risk Manager.
1207. Domestic Partner Benefits. All City of Las Cruces employees that have a domestic partner as defined in A herein, shall be provided benefits on the same basis provided to legal spouses.
      1. The City defined domestic partners as two (2) individuals who are in a mutually exclusive, committed relationship for the last twelve (12) months, who share a primary residence, who are jointly responsible for the common welfare of each other, who share financial obligations and have executed an affidavit of domestic partnership with the Human Resources Department and granted domestic partnership status. There must be an exclusive mutual commitment similar to that of marriage, in which the partners agree to be financially responsible for each other’s welfare and share financial obligations.
         1. Qualifying Criteria
            To be recognized as domestic partners by the City of Las Cruces, both individuals must meet all of the following criteria, sign an Affidavit of Domestic Partnership form, and submit necessary documentation to the Human Resources Department.
            1. Both domestic partners must be unmarried.
            2. Domestic partners must have been in a mutually exclusive relationship for the last twelve (12) months, intending to do so indefinitely, and must share the same primary residence.
            3. Domestic partners must meet the age requirements for marriage in New Mexico and be mentally competent to consent to contract.
            4. Domestic partners must not be related by blood to the degree prohibited in legal marriage in the State of New Mexico.
            5. Domestic partners must be jointly responsible for the common welfare of each other and share financial obligations An Affidavit of Domestic Partnership form signed to that effect and proof of three (3) of the following must be submitted to the Human Resources Department:
               1. Joint mortgage or lease
               2. Joint ownership of a motor vehicle
               3. Joint bank account
               4. Joint credit account
               5. Domestic partner named as beneficiary of the other’s retirement benefits.
               6. Domestic partner named as beneficiary of the other’s life insurance.
               7. Domestic partner named as primary beneficiary in the other ’s will.
               8. Domestic partner assigned durable property or health care power of attorney
            6. Providing false information may result in disciplinary action, dismissal, and reimbursement of costs involved in providing benefit coverage.

         2. Termination of Domestic Partnership
            1. Individuals granted domestic partnership status must report any change in status that terminates the relationship to the Human Resources Department, within thirty-one (31) calendar days, by completing a Termination of Domestic Partnership form. Upon completion of a Termination of Domestic Partnership form, the employee would not be eligible to re-enroll a domestic partner until the plan’s next open enrollment.
         3. Qualifying as a Dependent of Domestic Partner
            1. The child of a domestic partnership qualifies as an eligible dependent:
               1. If either of the domestic partners is the biological parent of the child;
               2. If either or both partners are adoptive parents of the child, or
               3. If the child has been placed in the domestic partner’s household as part of an adoptive placement.
         4. Services and Benefits
            1. Domestic partners and their dependents, as defined within this section, shall be granted all and the same services and benefits as those provided to married spouses and their dependent, except where expressly prohibited by law. All city policies that affect employees, spouses, and their families also apply to employees, domestic partners, and their families.
         5. Taxability
            1. The value of insurance benefits provided to the domestic partner is considered taxable income to the employee by the Internal Revenue Service and is subject to social security and federal and state income tax withholding.