32-6. Health Care Reopener

This Agreement shall be reopened to further discuss the health plan for the following reasons:

1. Any change(s) in the applicable law(s), including, but not limited to, a universal, national or state health care program mandating significant changes in health insurance benefits that becomes law and is effective during the term of this Agreement and that directly affects the benefits/coverage of BOARD employees and dependents;
2. The lack of achievement of health care cost containment as anticipated by the parties pursuant to the establishment and administration of the Labor-Management Cooperation Committee on health care, as defined as follows:
1. where health insurance related costs exceed six percent over the prior benefit (calendar) year for any individual plan (i.e., HMOI, UHC HMO, BCBS PPO, UHC PPO or UHC PPO with HRA); or
2. where the recommendations of the Labor-Management Cooperation Committee on health care are implemented as recommended and fail to result in cost containment or savings as measured by an increase in health insurance related costs over the prior benefit (calendar) year.

If any one of the foregoing events or conditions occurs, either party to this Agreement has thirty days to notify the other party of its intent to reopen this Agreement in order to negotiate the health plan. Should either party elect to reopen negotiations pursuant to this provision, it shall submit written notice to the other party. The status quo shall remain in effect unless otherwise agreed to.