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Section 5. Health Insurance Reopener. Effective September 1, 2008 either party <br /> may reopen this Article for negotiation by serving written notice of its desire to do so upon <br /> the other party. Any such reopener negotiations shall be limited to the subject of the <br /> establishment of additional high deductible options to the basic PPO Plus plan described <br /> in the Article and Exhibit C. In addition, the City may reopen this Article to negotiate the <br /> impact of Federal health care reform requirements upon the City and its health insurance <br /> program. In the event this Agreement is modified to provide for any additional high <br /> deductible option, unless the parties mutually agree otherwise, one of the options shall <br /> include a high deductible/HSA (Health Savings Account) option with the amounts of <br /> individual, family deductibles, out-of-pocket maximum expenses and the apportionment <br /> of savings from premium deductions resulting from the implementation of any high <br /> deductible options to be determined by the reopener negotiations process. <br /> Upon notice the City and the Union shall negotiate for a period of up to 60 days or <br /> longer if mutually agreed. If the City and Union fail to reach agreement during such <br /> reopener negotiations, then either the City or the Union may seek to have their dispute <br /> resolved in accordance with Article 14 of the Illinois Labor Relations Act, except that the <br /> tripartite panel shall be waived and the panel of arbitrators shall be requested from FMCS <br /> and shall consist of seven members of the NAA who reside in Illinois, Wisconsin or <br /> Indiana. <br /> Section 6. The Employer and Union both agree that the failure of the City to not <br /> provide health insurance to an employee who elects to opt out shall not constitute a <br /> violation of the collective bargaining agreement. <br /> Effective July 3, 2014, employees covered under this Memorandum of Agreement <br /> shall be allowed to opt out of or elect not to participate in the City's health insurance plan. <br /> Employees making such election shall be required to show proof of health insurance <br /> coverage through another source to the City. Such proof of insurance must be submitted <br /> at the time the employee makes such an election. If an employee is unable to provide <br /> adequate proof of insurance the employee shall not be removed from Employer's <br /> insurance plan. An employee electing to opt out of the Employer's health insurance plan <br /> shall be allowed to subsequently enroll in the Employer's health insurance plan per the <br /> applicable provisions of Federal and State law. <br /> Employees opting out of the City's health insurance plan and who are not enrolled <br /> in the City's health insurance plan at the time of retirement, resignation, termination or <br /> separation for any other reason shall not be eligible for benefits under the City's health <br /> insurance plan and specifically waive any right to them. <br /> The terms of the health insurance summary plan description notwithstanding, any <br /> employee represented by this Memorandum of Agreement whose spouse is also an <br /> employee represented by this Memorandum of Agreement may elect at annual plan <br /> renewal to opt out as a subscriber in favor of being covered as a dependent under the <br /> other employee's family coverage. Any such employee covered as a dependent under the <br /> spouse's family coverage may elect at annual plan renewal to resume coverage as a <br /> 28 <br />