SUBSTITUTE RESOLUTION NO. RS2010-1109

WHEREAS, on April 6, 1999 the Metropolitan Nashville Hospital Authority (the “Hospital Authority”) was created by Ordinance 99-1577, and Resolutions SR99-1410, and R99-1411 through R99-1413 of the Metropolitan Council.

WHEREAS, on April 26, 1999 an Intergovernmental Agreement (the “Agreement”) was made and entered into between The Metropolitan Government of Nashville and Davidson County (the “Metropolitan Government”) and the Hospital Authority.

WHEREAS, Section 1, subsection c, of the Agreement provides that the Metropolitan Government will continue to provide to the Hospital Authority services of the Metropolitan Government, including, but not limited to, employee benefits administration services.

WHEREAS, the costs associated with providing Metropolitan Government benefits, excluding medical and dental benefits, are much higher for the Hospital Authority than for similar health care facilities.

WHEREAS, for all new employees hired after November 1, 2010, the Hospital Authority plans to replace Metropolitan Government administered benefits, except for non-occupational medical and dental benefits, with a different system of employee benefits administered by the Hospital Authority in order to allow for greater efficiency and cost savings to the Hospital Authority.

WHEREAS, the Hospital Authority has the authority to contract to provide a system of benefits to Hospital Authority employees pursuant to T.C.A. § 7-57-301 and T.C.A. § 50-6-106.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That “Duties of the Metropolitan Government,” Section 1, subsection c, of the Agreement is hereby amended by designating the current subsection “c.” as subsection “c. (i)” and adding the following new subsection “c. (ii)”:
(ii) All qualifying Hospital Authority employees hired after November 1, 2010, will:
A. Receive dental insurance benefits and optional, non-occupational group medical insurance benefits administered by the Metropolitan Government.
B. Not receive pension benefits, disability benefits, life insurance benefits, occupational benefits, injury on duty benefits, medical treatment for in-line-of-duty injury benefits, death benefits for in-line-of-duty injuries, retiree/pension medical benefits, or any other benefits that are administered by the Metropolitan Government not set forth in Section 1(ii)(A).

Section 2. That “Duties of the Authority,” Section 2, is amended by inserting a new subsection “c” and renumbering the remaining subsections accordingly. The new subsection “2, c,” shall be as follows:

c. Employee Benefits.
(i) All qualifying Hospital Authority employees hired after November 1, 2010, will receive:
A. Retirement benefits, workers compensation or occupational accident benefits, and all other benefits offered and administered by the Hospital Authority.
B. Dental insurance benefits and optional, non-occupational group medical insurance administered by the Metropolitan Government.
C. A Hospital Authority employee who ceases employment with the Hospital Authority after November 1, 2010 and who is then hired again by the Hospital Authority shall receive the same benefits as other employees hired after November 1, 2010 and shall not be entitled to participate in the benefits administered by the Metropolitan Government except as provided in Subsection c.(i)(B), above. Benefits previously accrued for service with the Metropolitan Government will remain frozen as of the time of the employee’s prior departure.
(ii) Procurement, insurance, and legal services required to administer or handle claims, including claims resulting in litigation, related to providing the employee benefits in Subsections c.(i)(A) and (C) will be supplied and administered by the Hospital Authority.

Section 3. Officers and employees of the Metropolitan Government are authorized to take all actions that are necessary and appropriate to comply with the terms of this amendment to the Intergovernmental Agreement.

Section 4. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard, Ronnie Steine

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Health, Hospitals and Social Services Committee Personnel Committee
Introduced:	February 2, 2010
Substitute Introduced:	February 2, 2010
Deferred:	February 2, 2010
Deferred to March 16, 2010:	February 16, 2010
Adopted:	March 16, 2010
Approved:	March 17, 2010
By: