HomeMy WebLinkAbout14-077 u Resolution No. 14-077
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RESOLUTION OF THE COUNTY OF BUTTE REGARDING
AFFORDABLE CA AC's—EXTRA HELP HOUR LIMITATION
WHEREAS, The Patient Protection and Affordable Care Act ("ACA") was enacted on March
23, 2 l tl; and
REAS, ACS.added Section 4980H Shared. Responsibility for Employers regarding
Health Care Coverage to Title 2E of the United States Code, the Internal Revenue Code (Section
4980H); and
WHEREAS, Section 4980H imposes an assessable payment on an applicable "large" employer
when (1) it fails to offer"substantially all" of its "full-time" employees (and their dependents)the
opportunity to enroll in minimum essential coverage or offers coverage to "substantially all" of its
"full-time" employees (a,nd their dependents) that is "unaffordable" or does not provide "minimum
value" and (2) any "full-time" employee is certified to the employer as having,received a subsidy for
coverage through the exchange("Assessable Payment"); and
WHEREAS,the County of Butte ("County") is considered an applicable large employer
because it employed an average of at least 50 full-time equivalent employees on business days during
the preceding calendar year, and
WHEREAS, the Department of Treasury issued proposed regulations regarding; 'Section
4980H, that permit the County to adopt a look-back measurement method safe harbor in order to
determine the status of an employee as full-time for purposes of determining and calculating the
Assessable Payment (78 federal Register 218, 243, January 2, 2013); and
WHEREAS, the Board ol"Supervisors has adapted a 12-month initial and standard
measurement period; and
WHEREAS, Section 6a13(c) of the Butte County Personnel Rules provides for appointments of
Extra Help employees; and
WHEREAS,EAS,the definitions included in the Butte County Personnel. Rules identify an Extra
Help employee as one "temporarily appointed to supplement the County work force because of unusual.
work load activities or relief."; and
WHEREAS, it is the intent of the Board of Supervisors that no Extra Ielp employee of the
County of Butte work more than 28 hours in any given workweek without the prior expressed written
authorization of the Chief Administrative Officer, or otherwise consider qualifying the individual as a
full time employee for the purposes of the ACA.
NOW THEREFORE BE IT RESOLVED that no County officer, department head or other
appointing authority or designee of the County of Butte shall cause, suffer or permit any Extra Help
employee to work more than 28 hours in any given workweek without the prior expressed written
authorization of the Chief Administrative Officer; and
BE IT FURTHER REA SOLVED that any exception made to the 28 hour,cap will, require an
analysis with Human Resources to determine if the exception results in qualifying the individual as
"full time" for the purposes of the ACA; and
BE IT FURTHER RESOLVED that this resolution does not replace the additional limitations
placed on Extra Help employees currently listed in the Butte County Personnel Rules; and
PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of
California, at a regular meeting of said Board, held on the 24th day of June, 2014 by the following
vote:
AYES: Supervisors Connelly, Wahl, Kirk, I.,an-ibert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
DOUG TEETER, Chair
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Cief Administrativo/6fficer
2.1.
and Cle oythe:board ofSup visors
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