AGREEMENT…………………………………………………………1	1
1 RECOGNITION AND DEFINITION OF TERMS……………………2	5
2 DUES AND REPRESENTATION FEES…………………………… 4	7
3 NON-DISCRIMINATION…………………………………………… 7	10
4 UNION RIGHTS……………………………………………………… 8	11
5 NEGOTIATIONS PROCEDURE…………………………………… 11	14
6 MANAGEMENT RIGHTS……………………………………………13	15
7 GRIEVANCE PROCEDURE………………………………………… 15	17
8 HOLIDAYS AND ADMINISTRATIVE DAYS…………………… 21	22
9 VACATIONS…………………………………………………………24	25
10 SICK LEAVE…………………………………………………………27	28
11 LEAVES OF ABSENCE…………………………………………… 30	31
12 HOURS OF WORK………………………………………………… 34	35
13 OVERTIME………………………………………………………… 36	37
14 CALL-IN PAY……………………………………………………… 38	39
15 SENIORITY………………………………………………………… 39	40
16 PERSONNEL PRACTICES…………………………………………40	41
17 LAYOFFS……………………………………………………………44	44
18 NO STRIKE OR LOCKOUT……………………………………… 45	45
19 POSITION CLASSIFICATION…………………………………… 46	46
20 DISCIPLINARY ACTION……………………………………… 47	47
21 CONTINUING CONSULTATION………………………………49	49
22 WORKER' S COMPENSATION…………………………………50	50
23 WAGE INCREASE……………………………………………… 51	51
24 SHIFT DIFFERENTIAL…………………………………………52	52
25 LONGEVITY…………………………………………………… 53	53
26 HEALTH AND WELFARE…………………………………… 54	54
27 UNIFORM ALLOWANCE…………………………………… 57	57
28 GENERAL PROVISIONS………………………………………58	58
29 SAFETY…………………………………………………………60	60
30 PRECEPTOR PROGRAM………………………………………61	61
31 PRORATION AND RETROACTIVITY OF PAYMENTS……62 32 LPN’S WORKING ALONE ……………………………………63 33 FULLY BARGAINED AGREEMENT…………………………64 34 DURATION AND TERMINATION……………………………65 APPENDIX A……………………………………………………67 APPENDIX B……………………………………………………68 APPENDIX C……………………………………………………69
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1. The promotion of harmonious relations between the County and the Union;
2. The establishment of an equitable and peaceful procedure for the resolution of differences;
3. The establishment of rates of pay, hours of work, and other negotiable conditions of employment.

WHEREAS, the parties hereto have entered into collective negotiations and desire to reduce the results thereof to writing;

NOW THEREFORE, it is mutually agreed as follows:

1. Included: As defined and identified in Appendix A.
2. Excluded: As defined and identified in Appendix B.
3. Definition of Terms. Unless otherwise indicated, the following when used herein, shall mean:
   1. “Employees” refers to employees in the certified bargaining unit set forth in the PERC certification dated February 18, 1987.
   2. “Employer” refers to the County of Atlantic.
   3. “Local Union” refers to the constituent Local of the Union at the Department of Human Services.
1. “Management” refers to employees with supervisory responsibility, inclusive of but not limited to Divisional and Department Heads, not covered by the terms of the Agreement as described in Appendix B.
2. “Authorized representative” refers to Union and Management employees who are authorized by way of position and/or delegation, to ensure correct and proper implementation of terms agreed to herein.
3. “Shift” shall mean any normal, standard tour of duty as described herein.
4. “Unit Head” for the purposes of Article VII, is defined as follows:
   1. Nursing Home - Director of Nursing for Licensed Practical Nurses and Institutional Attendants or Nursing Home Administrator for the nursing home employees.
   2. Kitchen - Food Service Manager for all Senior Cooks, Head Cooks, Cooks, Food Service Workers, and Dietitian helpers.
   3. Security and Stock handlers - Director of Support Services for Stockhandler/Clerk Driver and Security Guards.

1. The County agrees to deduct from the salaries of its employees subject to this Agreement dues for AFSCME, District Council #71 and its affiliate Local 3408. Such deductions shall be made in compliance with Chapter 123 Public Laws of 1974, N.J.S.A. (R.S.S., 214-15, 9E) as amended, and members shall be eligible to withdraw such authority during January and July of each year.
2. A check-off shall commence for each employee who signs a properly dated authorization card supplied by the Union and verified by the Treasurer of the Council during the month following the filing of such card with the County. This right of dues check-off shall be exclusive to AFSCME District Council 71.
3. The aggregate deductions from all employees shall be remitted to the Treasurer of the Council together with the list of names of all employees for whom the deductions were made by the 10th day of the succeeding month after such deductions were made.
4. If during the life of this Agreement there shall be any change in the rate of membership dues, the Local Union shall furnish the County written notice thirty (30) days prior to the effective date of such change and shall furnish to the County an official notification on the letterhead of the Local Union and signed by the President of the Local Union advising of such changed deduction.
5. The Union will provide the necessary check-off authorization forms, and the Union will secure the signatures of its members on the forms and deliver the signed forms to the County Treasurer.
6. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Union or the County in reliance upon official notification on the letterhead of the Local Union and signed by the President of the Local Union advising of such changed deduction.
7. The County agrees to deduct monthly PEOPLE’s dues from the pay of those employees who individually request by official Union authorization form and present same to the County Treasurer.
8. The County agrees to deduct the Agency Shop fee from the earnings of those employees who elect not to become members of the Union and transmit the fee to the majority representative.
9. The deduction shall commence for each employee who elects not to become a member of the Union during the month following written notice from the Union of the amount of the Agency Shop assessment. A copy of the written notice of the amount of the Agency Shop assessment must also be furnished to the New Jersey Public Employment Relations Commission Appeal Board.
10. The Agency Shop fee for services rendered by the Union shall be in an amount equal to the regular membership dues, initiation fees, and assessment of the Union, less the cost of benefits financed through the dues available only to members of the Union, but in no event shall the amount exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
11. The sum representing the Agency Shop fee shall not reflect the cost of financial support of political causes of candidates, except to the extent it is necessary for the Union to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and to secure the employees it represents advances in wages, hours of work and other conditions of employment which ordinarily cannot be secured through collective negotiations with the County.
12. The Union shall establish and maintain a procedure whereby any individual paying Agency Shop fees can challenge the assessment as computed by the Union. This appeal procedure shall in no way involve the County or require the County to take any action other than to hold the fee in escrow pending resolution of the appeal.
13. The County agrees to deduct the monthly credit union deduction from the pay of those employees who request in writing that such deduction be made. This provision is made subject to the legality of the deductions, and if subsequently determined that said deductions cannot be made, the County shall not make said deductions.
14. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by action taken by the County in reliance upon salary deduction authorization cards or the Agency Shop assessment information as furnished by the Union to the County, or in reliance upon the official notification on the letterhead of the Union and signed by the Local Union President advising of any changed deduction.

1. Agents of the Union who are not employees of the Employer or who are employees of the County shall be permitted to visit job sites and work locations for the purpose of discussing Union matters, so long as such visitations do not interfere with the general operations of the Employer.
2. The Union shall have the right to post Union notices on available bulletin boards used for general purposes and/or those normally used to post notices to employees. Access to bulletin boards shall not be unreasonably denied, and keys where utilized shall be made available to the Union.
3. Whenever any representative of the Union or any employee is scheduled by the Employer to participate during working hours in negotiations or grievance proceedings, such employee shall suffer no loss in pay. Whenever a third shift negotiator is scheduled to work prior to a scheduled negotiation session, the employee will have the option of relief from duty the shift prior to the negotiation session or from the shift immediately after the negotiation session without loss of pay.
4. The Employer will give release time with pay for a total of twenty-five (25) days a year in the aggregate for Union matters, which may be taken in increments of one-half (½) day. Release time not utilized within the calendar year preceding an international convention shall be carried over into the following year, to be used only for such a convention. On every alternate year two LPNs shall be given time off without loss of pay to attend the AFSCME LPN Conference. Conference attendees may be required to provide in service training regarding procedures and information ascertained at the conference.
5. Approval for Union time off must be received from the Department head or his/her designee five (5) working days in advance. Shorter notice may be approved at the discretion of the Employer for an emergency.
6. The Union has the sole right and discretion to designate shop stewards and chief shop stewards and specify their respective responsibilities within the Union. The County has the sole right and discretion to direct the activities of shop stewards during working hours and whenever they are on the job site. The County further agrees that properly designated shop stewards, chief shop stewards and Union negotiators may conduct Union business on County time without loss of pay in the following instances:
   1. One steward may accompany an employee if the employee so requests at any County/Union mutually scheduled meeting, conference or hearing concerning a disciplinary matter if an employee is called into a meeting that may be used as a means to discipline an employee, the employee has a right to union representation and the right to respond in writing to any charges or allegations.
   2. Designated Union representatives may attend “continuing consultation” meetings as scheduled pursuant to Article 21.
   3. Stewards may post notices on designated bulletin boards.

1. To the executive management and administrative control of all County functions, properties and facilities, and the activities of County employees;
2. To take personnel action subject to the provisions of the New Jersey Department of Personnel;
3. To maintain the efficiency of County operations; including but not limited to scheduling employees to shift in continuous shift operations (24 hours);
4. To take all necessary actions to carry out its mission in emergencies; (emergency to be construed as a sudden, generally unexpected occurrence demanding immediate action);
5. To exercise complete control and discretion over its organization and the technology of performing its work;
6. To schedule employee work hours, pursuant to the terms of this Agreement.

1. Purpose.

1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment. The parties agree that this procedure will be kept as informal as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Administration, and having the grievance adjusted without the intervention of the Union.

1. Definitions. The term “grievance” shall mean an allegation that there has been:
   1. A misinterpretation or misapplication of the terms of this Agreement which is subject to the grievance procedure outlined herein and shall hereinafter be referred to as a “contractual grievance”; or
   2. Inequitable, improper, unjust application or misinterpretation of rules or regulations, existing policy, or orders applicable to the Employer, which shall be processed up to and including the Employer, and shall hereinafter be referred to as a “non-contractual grievance.”
2. Presentation of a Grievance. The employer agrees that in the presentation of a grievance there shall be no loss of pay for the time spent in presenting the grievance by the grievant and Union representatives who are employees of the Employer throughout the grievance procedure.
3. Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement.

Step 1.
(a) The grievant shall institute action under the provisions hereof in writing, signed and delivered to his/her Unit Head or authorized county representative within ten (10) working days of the occurrence complained of, or within ten (10) working days after he/she would reasonably be expected to know of its occurrence. Failure to act within said ten (10) days shall be deemed to constitute an abandonment of the grievance. The grievant may be represented by an employee who is the shop steward or Local Union representative.
(b) The Unit Head or authorized County representative shall render a decision in writing within ten (10) working days after receipt of the grievance. Failure to render a decision within this time shall be considered a denial of the grievance.
Step 2.
(a) In the event satisfactory settlement has not been reached, the grievant shall, in writing and signed, file his complaint with the Department Head within five (5) working days following the determination at Step 1. The grievant may be represented by an employee who is the shop steward or Local Union representative.
(b) The Department Head, or his designee, shall render a decision in writing within eight (8) calendar days after receipt of the complaint. Failure to render a decision within this time shall be considered a denial of the grievance.
Step 3.
(a) Should the grievant disagree with the decision of the Department Head, or his designee, the aggrieved may, within five (5) working days, submit a statement, in writing and signed, as to the issues in dispute of the Office of Personnel. The Office of Personnel shall review the decision of the Department Head together with the disputed areas submitted by the grievant. The grievant and/or the Union representative may request an appearance before a designated representative of the Office of Personnel. The representative will render his/her decision within eight (8) calendar days after receipt of the grievance or grievance meeting if one is held. Failure to render a decision within this time shall be considered a denial of the grievance. If the grievance is a non-contractual grievance, the decision of the representative shall be final.
(b) The grievant may be represented by the Local Union Officer or the International Union representative, or both. A minority organization shall not be present or process grievances.
(c) If a hearing is to be provided, it shall be scheduled within five (5) working days, unless the parties mutually agree to an extension, and provided that the Union hand-deliver the third-step grievance to the Office of Personnel.

Step 4.
(a) Any unresolved contractual grievance (as defined in B.1, Definitions, above), except matters involving appointment, promotion, or assignment or matters within the exclusive province of N.J. State Department of Personnel, may be appealed to arbitration within twenty (20) working days after the receipt of the Personnel representative’s decision.
(b) Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the New Jersey State Department of Personnel. The Union’s decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the Union.
(c) The arbitrator shall be selected in accordance with the panel of arbitrators maintained by the Public Employment Relations Commission, in accordance with the selection procedures of the Public Employment Relations Commission, or by selection from the panel of arbitrators maintained by the American Arbitration Association, in accordance with the selection procedures of the American Arbitration Association.
(d) The parties shall meet at least twenty (20) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
(e) The decision or award of the arbitrator shall be final and binding on the Employer, the Union, and the grievant or grievants, to the extent permitted by and in accordance with applicable law and this Agreement.
(f) The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement, except that he may not make an award which exceeds the Employer’s authority. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement.
(g) The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement and shall confine his decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him, nor shall he submit observations or declarations of opinions which are not essential in reaching the determination.
(h) The costs of the services of the arbitrator shall be borne equally by the Employer and the Union. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring the same.
(i) The cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
(j) The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after his selection and shall issue his decision within thirty (30) days after the close of the hearing.
(k) Grievance resolutions or decisions at Steps 1 through 4 shall not constitute a precedent in any arbitration or other proceedings unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolution, as to the prior conduct of the other party.

1. New Year’s Day
2. Martin Luther King’s Birthday
3. Lincoln’s Birthday
4. Washington’s Birthday
5. Good Friday
6. Memorial Day
7. Fourth of July
8. Labor Day
9. Columbus Day
10. General Election Day
11. Veteran’s Day
12. Thanksgiving Day
13. Christmas Day
14. Three (3) Administrative Days

Date of Hire Administrative Days
1/1 thru 3/31 3 days
4/1 thru 6/30 2 ¼ days
7/1 thru 9/30 1 ½ days
10/1 thru 12/31 1 day

Start of employment through the first (1^st) year – one (1) day per month
Start of the second (2^nd) year through the fifth (5^th) year – thirteen (13) days
Start of the sixth (6^th) year through ten (10) years – seventeen days (17) days
Start of the eleventh (11^th) year through twenty (20) years – twenty-one (21) days.
Start of the twenty-first (21^st) year and thereafter – twenty-five (25) days

1. January 1st to March 1st of each year: vacation requests may be submitted for preferred vacation usage up to and including March of the following year. All requests for vacation time shall be submitted in writing within 10 days after March 1st. Vacations will be based on seniority during this time frame.
2. Any requests made subsequent to March 1st shall be granted on a first- come first-served basis, based upon the availability of slots, up to and including March of the following year.
3. All requests after March 1st shall be responded to within 10 days unless the request is based upon an emergent situation.
4. The granting of vacation leave is at all times subject to management’s right to maintain efficient operations.
5. By August 1 of each year, the Employer shall review the vacation use of all employees, and shall exercise either of the following options:
a. Grant the employee an extension until March 1st of the next year to use all accrued vacation; or
b. Assign vacation times to all employees to utilize all accrued vacation by March 1st of the next year; or
c. Grant employee’s request for vacation in accordance with this Article.
6. Deceased employees: Whenever an employee in classified service dies, payment shall be made for all earned and unused vacation leave, within the limits set forth in #5 above, based on the last approved compensation rate for the deceased employee.

1. For all 24-hour operations, the employee shall give notice by telephone or personal message at least one (1) hour prior to start of the scheduled shift. If the message is left with anyone other than a supervisor or on a telephone answering machine, the employee shall leave a telephone number where he/she can be contacted personally by the supervisor.
2. All employees, not in 24-hour operations, who are scheduled to work the earliest shift in their facility shall contact the supervisor on duty for that shift by telephone at the supervisor’s home at least one (1) hour prior to the start of the shift.
3. All employees, not in 24-hour operations, who are scheduled to report later than the earliest time in their facility shall give notice by telephone or personal message to the supervisor on duty in their facility at least one (1) hour prior to the start of the scheduled shift. If the employee does not talk with the supervisor in person, the employee shall leave a telephone number where he/she can be contacted personally by the supervisor.
4. If proper notice, as outlined above, is not given, the absence will be recorded as an unauthorized absence. An employee is responsible for calling each day of the absence unless the employee is on an approved leave of absence. Days lost to injury or illness arising from or caused by County employment for which the employee has received Worker’s Compensation shall not be charged to sick leave. Paid holidays occurring during a period of sick leave shall not be charged to sick leave if procedures in Article 8.C are followed. Nothing in this paragraph negates the requirement set forth in Paragraph E. above.

1. Service credit shall continue to accrue during paid leaves of absence provided

1. Employees shall be eligible for child-rearing leave.

1. Any unauthorized absence of an employee from duty shall be an absence Without Leave and is cause for disciplinary action.
2. Leave granted for a particular reason and used for a purpose other than that for which such leave has been granted shall be an unauthorized absence and may be cause for disciplinary action.

1. Environmental Therapy Aides on board as of the effective date of this contract shall have the option of either keeping a 7.5 hour schedule with one-half (1/2) hour unpaid lunch or moving to an 8.5 hour schedule with a one-half (1/2) hour unpaid lunch. Any employees who become Environmental Therapy Aides subsequent to the effective date of this contract shall keep an 8.5 hour schedule with a one-half (1/2) hour unpaid lunch.
2. LPN's will work the schedule for which they were hired. Changes to the schedule may be done to accommodate employee requests for weekends off.
3. All other titles: 8-1/2 hour schedule with 1/2 hour unpaid lunch. (Example: 6:45 a.m. to 3:15 p.m.)

extreme emergencies. In that instance, the employee will be given a four (4) hour paid break between the second and third shifts.

l. All hours actually worked.
2. The three (3) specified holidays of New Years Day (January 1), Thanksgiving Day and Christmas Day (December 25).
3. Vacation days.
4. Compensatory Time.
5. Administrative Time.
Sick time and bereavement days will be excluded for computation of the overtime base.

1. When an employee is promoted, his/her salary shall be adjusted to the base salary of the new grade or a $900.00 increase from his/her current annual salary, whichever is higher and the promotion date shall become the employee's new anniversary date, for pay purposes only.
2. All employees promoted shall receive evaluations at intervals of 30, 60, and 90 days following the effective date of the promotion. If the employee is found deficient in performing the duties of the higher title, he/ she shall be returned to his/her former title, former salary, (with any negotiated increases) and anniversary date.
3. All employees’ schedules shall be posted by the 20^th day of each month. In the event the 20^th falls on a Saturday or Sunday, the schedule must be posted on the Friday prior to the 20^th.

1. The responsibility for contacting the Office of Personnel and any subsequent referrals for counseling or in-patient or outpatient treatment is totally on the employee, and any personal agreement which may be developed between the employee and the Employer for the employee to seek such help for the personal problem in lieu of being disciplined for the prior conduct will only be binding on the Employer as long as the employee follows all his/her responsibilities under this personal agreement.

1. Oral warning or reprimand.
2. Written warning or reprimand.
3. Suspension of less than five (5) consecutive days or fifteen (15) days in one (1) year.

1. Suspension of more than five (5) consecutive days or more than fifteen (I 5) days in one (1) year.
2. Termination.

1. Senior LPN and LPN - Second shift $1 per hour, Third shift $1 per hour.
2. Institutional Attendant and Senior Institutional Attendant: Second - $.90 per hour; Third shift $1 per hour.
3. The following titles at Meadowview shall receive the following commensurate shift differential: Building Service Worker, Building Maintenance Worker, Senior Building Service/Maintenance Worker, Dietary Aide and Food Services Worker - Second shift $.50 per hour; Third shift $.75 per hour. The second shift for the titles of Dietary Aide and Food Services Worker shall be 11:30 a.m. to 8:00 p.m.
ARTICLE 25

1. Effective April 1, 2008 all employees hired before that date and their eligible dependents shall be entitled to comprehensive medical/ hospital and prescription coverage in accordance with any plans and provisions of the New Jersey State Health Benefits Plan (NJSHBP)at no cost.

2. All employees hired on or after April 1, 2008 and their eligible dependents shall be afforded comprehensive medical/hospital and prescription coverage under the New Jersey State Health Benefits Plan (NJSHBP) with a premium copay as follows:
a. Up to $79,999 1.5% of salary
$80,000 - $100,000 2% of salary
$100,001 - $140,000 2.5% of salary

Premium copays are to be applied to any plan.

In addition, those employees hired post April 1, 2008 who opt for coverage under the New Jersey State Health Benefits Plan (NJSHBP) Direct 10 will be responsible for paying the increased premium between the NJ Direct 10 and the NJ Direct 15 as well as a percent of salary.

3. The employees and their dependents shall also be afforded optical and dental coverage through the County’s own provider contracts.
4. All of the coverage outlined above shall extend through the duration of this Agreement, however, the County reserves the right to re-open this Agreement in the event changes are made in the healthcare and prescription offerings by the NJSHBP.

5. Employee as used herein means a bargaining unit member who works 20 or more hours per week. Your eligible dependents, for comprehensive medical, hospital and prescription drug coverage under the NJSHBP are currently defined as your spouse/civil union partner and/or your unmarried children under age 23 who live with you in a regular parent-child relationship. This includes children who are away at school as well as divorced children living at home and dependent upon you for support. Eligible dependents for optical and dental coverage are defined by the County’s provider contracts.

6. Health Benefits at Retirement: An employee who retires shall be eligible for County-paid health benefits coverage for himself/herself and eligible dependents for three (3) years after retirement commencing with the employee’s retirement date. Retirement is currently defined as having 25 years or more of service credit in the State Pension Plan and 25 years of service with Atlantic County or upon reaching the age of 62 years or older and having had at least 15 years of service credit with Atlantic County. Health benefits coverage is defined as the coverage currently in force at the time of retirement and any changes to such coverage as may occur during the three year period of the employer paid coverage.

7. Leave of Absence: When an employee is granted a leave of absence unrelated to any Family and Medical Leave Act, the coverage of that employee and his/her dependents will be terminated unless the employee reimburses the County in full for the premiums due during the leave in advance of taking such leave. Employees can then re-enroll with the County group upon returning from the leave of absence. In no event can this period of reimbursed coverage exceed six (6) months. An employee who goes to an unpaid status for 15 or more calendar days is liable for payment of premiums retroactively to the first day of unpaid status.

8. Part-time Employees, defined as those regularly scheduled for at least 20 hours of work per week, shall be entitled to health benefits. Temporary and part-time employees working less than 20 hours are not entitled to any health benefits.

9. Eligible employees and their families will be offered temporary extension of health coverage called continuation coverage under COBRA provisions of the NJSHBP.

10. Opt-Out: The County hereby offers an insurance health benefits opt-out which will be in accordance with the provisions set forth in a document entitled Atlantic County Health Benefits Program Coverage Waiver/Reinstatement.