Common use of History Of Prior City Contracts With CalPERS Clause in Contracts

History Of Prior City Contracts With CalPERS. A history of prior amendments to the City’s contracts with CalPERS is attached as APPENDIX B. The parties agree that APPENDIX B is provided as a historic reference to the timing of prior agreements about retirement benefits, and the parties agree that APPENDIX B shall not be used to interpret the language of the Agreement ratified by IAFF L-1401 and approved by the City Council. Date Amendment to City’s Contract With CalPERS March 20, 2012 Amendment #4 to the 2006/2007 through 2011/2012 MOU. The City and IAFF L-1401 agreed to a new, second tier retirement formula, including 3.0% @ 55 and 36 month final compensation. The second tier was effective on July 8, 2012. July 12, 2011 Amendment #3 to the 2006/2007 through 2011/2012 MOU. The City shall report 9% (effective July 1998) EPMC to PERS as additional compensation for retirement purposes as provided in GC Sections 20636 and 20691, and is for the rate of classifications in the Unit. Such reporting will continue only to the extent permitted by the PERS laws. Further, if changes to the PERS laws require that the EPMC be reduced, only the remaining EPMC will be reported to PERS as additional compensation for retirement purposes; and, if such changes require that the EPMC be eliminated, no additional compensation shall be reported to PERS. Articles 44.8 and 44.9 are renumbered Articles 44.12 and 44.13, and new Articles 44.8 through 44.11 are added to read as follows: Cost-sharing contributions: The cost-sharing described in Articles 44.9 and 44.10 below are made under section 20516(f) of the California Public Employees’ Retirement Law (PERL). In accordance with section 20516(f), the City and Union agree that employees’ cost-sharing contributions will fund the cost of the 3%@50 benefit, an “optional benefit” Date Amendment to City’s Contract With CalPERS provided to employees effective July 1, 2001. According to the CalPERS actuary, the maximum allowable cost sharing for that benefit is 10.790% of employees’ compensation earnable (i.e., PERSable compensation, excluding the value of EPMC) through June 30, 2021. Accordingly, the maximum employee cost-sharing contributions will not exceed 10.79% of employees’ PERSable compensation, excluding the value of EPMC. The cost-sharing described in Articles 44.9 and 44.10 will not be documented in a contract amendment with PERS; accordingly, the cost-sharing contributions under those Articles will not be treated as member contributions for PERS purposes. The City will adopt a 414(h)(2) pick-up resolution, characterizing the cost-sharing contributions as pre-tax Employer contributions for federal income tax purposes. Effective July 1, 2011, the Union shall contribute 3% of PERSable compensation, excluding the value of EPMC, for the Employer cost of the optional benefit known as 3%@50. The 3% amount will be deducted from City pay and no employee may elect to receive cash in lieu of the contribution. Effective July 1, 2012, the Union shall contribute 2% of PERSable compensation, excluding the value of EPMC, for the Employer cost of the optional benefit known as 3%@50. The 2% amount will be in addition to the 3% cost-sharing contribution required under Article 44.9. In addition the 2% amount will be deducted from City pay and no employee may elect to receive cash in lieu of the contribution. If PERS law eliminates the City’s ability to pay the 9% Employer Paid Member Contribution (EPMC) under Article 44.6.5, the Union shall pay the full 9% member contribution to PERS. In such event, the City shall pay the Fire Fighters for one half of the EPMC payment (4.5% of PERSable compensation, excluding the value of EPMC), as salary, and Employer cost-sharing as outlined in Article 44.9 and 44.10 shall be converted into payment of toward the employees' mandated contribution, and credited as a member contribution. Date Amendment to City’s Contract With CalPERS August 2003 The City amended its contract with PERS to add the “Alternate Death Benefit for Local Fire Members Credited With 20 or More Years of Service” as provided by Government Code Section 21547.7. June 31, 2002 The parties agreed that an additional 1.6% of PERS salary was to be deducted from employee paychecks. December 30, 2001 The City revised its implementation of Section 414(h)(2), so that the employee’s entire normal contribution is paid by the City pursuant to the EPMC plan. The City’s payment or “pick-up” of an employee’s normal PERS contribution is based upon authority from PERS and upon tax treatment permitted by the Internal Revenue Service under Internal Revenue Code Section 414(h)(2) and revenue rulings related thereto and by the California Franchise Tax Board. It is understood that the California State Legislature or Congress may alter the statutory authority for this tax treatment and the Franchise Tax Board or the IRS or the United States Department of the Treasury may alter the current revenue rulings either by other rulings or by issuing new regulations. The IAFF L-1401 shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses or liability including, but not limited to, liability for back taxes and all claims or any type by the IRS, Franchise Tax Board, Unit employees or their heirs, successors or assigns arising out of this Agreement to pay or partially pay or “pick-up” an employee’s normal contribution to PERS. July 1, 2001 The parties agreed that an additional 3.6% of PERS salary was to be deducted from the employee biweekly paycheck. July 1, 2001 The City amended its contract with PERS to provide Fire Safety Personnel with the “3% @50 Full Formula” Retirement Plan. Date Amendment to City’s Contract With CalPERS February 11, 2001 It was agreed that a 3.8% of PERS salary was to be paid to PERS by a deduction from the employee biweekly paycheck. 2001-2006 MOU The 2001-2006 Agreement indicated that effective July 1, 2001, the City paid the employee contribution to PERS equal to 5.4% and the employee paid 3.6% PERS payment. In addition, the City reported the 5.4% City paid portion as EPMC. Effective December 30, 2001 the City paid the employee contribution equal to 9% and reported this City paid portion as EPMC which is additional compensation for retirement purposes as provided in GC Sections 20636 & 20691 and is for the rate for classifications in the Unit. July 1998 The City shall report 9% EPMC to PERS as additional compensation for retirement purposes as provided in GC Sections 20636 and 20691 and is for the rate for classifications in the Unit. January 4, 1998 The City amended its contract with PERS to provide Fourth Level of 1959 Survivor Benefits (Section 21574) effective January 4, 1998. The City’s cost (estimated by PERS to be $8.50 per month per covered member) for this benefit shall be funded for several years from any current Fire surpluses in the City’s PERS Survivor Benefit account. When these surpluses are depleted and PERS demands payment for the Fourth Level Survivor Benefits, the IAFF L-1401 shall reimburse the actual costs incurred by the City, if any, by deduction from the payroll dues deduction. The City shall provide the IAFF L-1401 an accounting of credits and debits for which charges have been made. January 1, 1997 The City revised its implementation of Section 414(h)(2), so that the employee’s entire normal contribution is paid by the City pursuant to the EPMC plan. Date Amendment to City’s Contract With CalPERS January 1, 1996 The City revised its implementation of Section 414(h)(2), so that one-third (1/3) of the employee’s normal retirement contribution continued in the PERS “Pick-Up” and two-thirds (2/3) is paid by the City, pursuant to the EPMC plan pursuant to 414(h)(2). July 1, 1995 The City amended its contract with PERS effective July 1, 1995, so that an employee who retires may convert unused sick leave balance to service credit as provided by Government Code Section 20862.8. January 1, 1995 The City shall continue the implementation of Section 414(h)(2) of the Internal Revenue Code concerning tax treatment of the employee’s retirement contribution designated by PERS as PERS “Pick-Up” as follows: Effective January 1, 1995, the City revised its implementation of Section 414(h)(2) for employees, so that two-thirds (2/3) of the employee’s normal retirement contribution continues in the PERS “Pick-Up” plan and one-third (1/3) is paid by the City, pursuant to the plan designated by PERS as Employer Paid Member Contribution (EPMC). EPMC was also implemented pursuant to 414(h)(2). July 1, 1994 The City amended its contract with PERS so that an employee may buy back the employee’s military services as provided by Government Code Section 20930.3. The parties agree that this benefit is provided by Section 20930.3 as it reads subsequent to January 1, 1977. January 1, 1989 The City amended its contract with PERS to provide the 2% at 50 Retirement Plan. Such plan is more specifically known as Public Employee’s Retirement System, Local Safety Members 2% at 50 Full Formula, as defined in Retirement Law Section 21252.01. November 1, 1983 The City amended its contract with PERS to provide the so-called “single highest year” Final Compensation formula. INDEX 2% ............................................................................................................................. 64 24-Day Work Period 26 3% @ 50 Pension Formula 61 3.0% at 55 Pension Formula 62 7-Day Work Period For Fire Inspectors 26 7-Day Work Period-Fire Captains Assigned To 40-Hour Schedule 26 Accruing Vacation While On Sick Leave Or Labor Code 4850 Leave 39 Acting Assignments 34 Acting Duty Chief 32 Acting Duty Chief – No Impairment 31

History Of Prior City Contracts With CalPERS. A history of prior amendments to the City’s contracts with CalPERS is attached as APPENDIX B. The parties agree that APPENDIX B is provided as a historic reference to the timing of prior agreements about retirement benefits, and the parties agree that APPENDIX B shall not be used to interpret the language of the Agreement ratified by IAFF L-1401 and approved by the City Council. Date Amendment to City’s Contract With CalPERS March 20, 2012 Amendment #4 to the 2006/2007 through 2011/2012 MOU. The City and IAFF L-1401 agreed to a new, second tier retirement formula, including 3.0% @ 55 and 36 month final compensation. The second tier was effective on July 8, 2012. July 12, 2011 Amendment #3 to the 2006/2007 through 2011/2012 MOU. The City shall report 9% (effective July 1998) EPMC to PERS as additional compensation for retirement purposes as provided in GC Sections 20636 and 20691, and is for the rate of classifications in the Unit. Such reporting will continue only to the extent permitted by the PERS laws. Further, if changes to the PERS laws require that the EPMC be reduced, only the remaining EPMC will be reported to PERS as additional compensation for retirement purposes; and, if such changes require that the EPMC be eliminated, no additional compensation shall be reported to PERS. Articles 44.8 and 44.9 are renumbered Articles 44.12 and 44.13, and new Articles 44.8 through 44.11 are added to read as follows: Cost-sharing contributions: The cost-sharing described in Articles 44.9 and 44.10 below are made under section 20516(f) of the California Public Employees’ Retirement Law (PERL). In accordance with section 20516(f), the City and Union agree that employees’ cost-sharing contributions will fund the cost of the 3%@50 benefit, an “optional benefit” Date Amendment to City’s Contract With CalPERS provided to employees effective July 1, 2001. Date Amendment to City’s Contract With CalPERS According to the CalPERS actuary, the maximum allowable cost sharing for that benefit is 10.790% of employees’ compensation earnable (i.e., PERSable compensation, excluding the value of EPMC) through June 30, 2021. Accordingly, the maximum employee cost-sharing contributions will not exceed 10.79% of employees’ PERSable compensation, excluding the value of EPMC. The cost-sharing described in Articles 44.9 and 44.10 will not be documented in a contract amendment with PERS; accordingly, the cost-sharing contributions under those Articles will not be treated as member contributions for PERS purposes. The City will adopt a 414(h)(2) pick-up resolution, characterizing the cost-sharing contributions as pre-tax Employer contributions for federal income tax purposes. Effective July 1, 2011, the Union shall contribute 3% of PERSable compensation, excluding the value of EPMC, for the Employer cost of the optional benefit known as 3%@50. The 3% amount will be deducted from City pay and no employee may elect to receive cash in lieu of the contribution. Effective July 1, 2012, the Union shall contribute 2% of PERSable compensation, excluding the value of EPMC, for the Employer cost of the optional benefit known as 3%@50. The 2% amount will be in addition to the 3% cost-sharing contribution required under Article 44.9. In addition the 2% amount will be deducted from City pay and no employee may elect to receive cash in lieu of the contribution. If PERS law eliminates the City’s ability to pay the 9% Employer Paid Member Contribution (EPMC) under Article 44.6.5, the Union shall pay the full 9% member contribution to PERS. In such event, the City shall pay the Fire Fighters for one half of the EPMC payment (4.5% of PERSable compensation, excluding the value of EPMC), as salary, and Employer cost-sharing as outlined in Article 44.9 and 44.10 shall be converted into payment of toward the employees' mandated contribution, and credited as a member contribution. Date Amendment to City’s Contract With CalPERS August 2003 The City amended its contract with PERS to add the “Alternate Death Benefit for Local Fire Members Credited With 20 or More Years of Service” as provided by Government Code Section 21547.7. June 31, 2002 The parties agreed that an additional 1.6% of PERS salary was to be deducted from employee paychecks. December 30, 2001 The City revised its implementation of Section 414(h)(2), so that the employee’s entire normal contribution is paid by the City pursuant to the EPMC plan. The City’s payment or “pick-up” of an employee’s normal PERS contribution is based upon authority from PERS and upon tax treatment permitted by the Internal Revenue Service under Internal Revenue Code Section 414(h)(2) and revenue rulings related thereto and by the California Franchise Tax Board. It is understood that the California State Legislature or Congress may alter the statutory authority for this tax treatment and the Franchise Tax Board or the IRS or the United States Department of the Treasury may alter the current revenue rulings either by other rulings or by issuing new regulations. The IAFF L-1401 shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses or liability including, but not limited to, liability for back taxes and all claims or any type by the IRS, Franchise Tax Board, Unit employees or their heirs, successors or assigns arising out of this Agreement to pay or partially pay or “pick-up” an employee’s normal contribution to PERS. July 1, 2001 The parties agreed that an additional 3.6% of PERS salary was to be deducted from the employee biweekly paycheck. July 1, 2001 The City amended its contract with PERS to provide Fire Safety Personnel with the “3% @50 Full Formula” Retirement Plan. Date Amendment to City’s Contract With CalPERS February 11, 2001 It was agreed that a 3.8% of PERS salary was to be paid to PERS by a deduction from the employee biweekly paycheck. 2001-2006 MOU The 2001-2006 Agreement indicated that effective July 1, 2001, the City paid the employee contribution to PERS equal to 5.4% and the employee paid 3.6% PERS payment. In addition, the City reported the 5.4% City paid portion as EPMC. Effective December 30, 2001 the City paid the employee contribution equal to 9% and reported this City paid portion as EPMC which is additional compensation for retirement purposes as provided in GC Sections 20636 & 20691 and is for the rate for classifications in the Unit. July 1998 The City shall report 9% EPMC to PERS as additional compensation for retirement purposes as provided in GC Sections 20636 and 20691 and is for the rate for classifications in the Unit. January 4, 1998 The City amended its contract with PERS to provide Fourth Level of 1959 Survivor Benefits (Section 21574) effective January 4, 1998. The City’s cost (estimated by PERS to be $8.50 per month per covered member) for this benefit shall be funded for several years from any current Fire surpluses in the City’s PERS Survivor Benefit account. When these surpluses are depleted and PERS demands payment for the Fourth Level Survivor Benefits, the IAFF L-1401 shall reimburse the actual costs incurred by the City, if any, by deduction from the payroll dues deduction. The City shall provide the IAFF L-1401 an accounting of credits and debits for which charges have been made. January 1, 1997 The City revised its implementation of Section 414(h)(2), so that the employee’s entire normal contribution is paid by the City pursuant to the EPMC plan. Date Amendment to City’s Contract With CalPERS January 1, 1996 The City revised its implementation of Section 414(h)(2), so that one-third (1/3) of the employee’s normal retirement contribution continued in the PERS “Pick-Up” and two-thirds (2/3) is paid by the City, pursuant to the EPMC plan pursuant to 414(h)(2). July 1, 1995 The City amended its contract with PERS effective July 1, 1995, so that an employee who retires may convert unused sick leave balance to service credit as provided by Government Code Section 20862.8. January 1, 1995 The City shall continue the implementation of Section 414(h)(2) of the Internal Revenue Code concerning tax treatment of the employee’s retirement contribution designated by PERS as PERS “Pick-Up” as follows: Effective January 1, 1995, the City revised its implementation of Section 414(h)(2) for employees, so that two-thirds (2/3) of the employee’s normal retirement contribution continues in the PERS “Pick-Up” plan and one-third (1/3) is paid by the City, pursuant to the plan designated by PERS as Employer Paid Member Contribution (EPMC). EPMC was also implemented pursuant to 414(h)(2). July 1, 1994 The City amended its contract with PERS so that an employee may buy back the employee’s military services as provided by Government Code Section 20930.3. The parties agree that this benefit is provided by Section 20930.3 as it reads subsequent to January 1, 1977. January 1, 1989 The City amended its contract with PERS to provide the 2% at 50 Retirement Plan. Such plan is more specifically known as Public Employee’s Retirement System, Local Safety Members 2% at 50 Full Formula, as defined in Retirement Law Section 21252.01. November 1, 1983 The City amended its contract with PERS to provide the so-called “single highest year” Final Compensation formula. INDEX 2% ............................................................................................................................. 64 24Side Letter of Understanding Between City of Santa Xxxx and IAFF Local 1401 During negotiations on a successor MOU to the 2016-Day Work Period 26 3% @ 50 Pension Formula 61 3.0% at 55 Pension Formula 62 72017 MOU between the City of Santa Xxxx and IAFF Local 1401 (collectively the “Parties”), issues were raised related to the trust that funds Local 1401’s Post-Day Work Period Retirement Medical Benefit Defined Contribution Plan. These issues relate to the administration of the trust but also potentially implicate MOU interpretation issues. Full resolution of these issues requires involvement of retired members of IAFF, who are not parties to the negotiations of a successor MOU. In an attempt to resolve this matter without delaying the adoption of a successor MOU, the Parties agree to the following: • Between now and July 1, 2020, the Parties shall engage in a collaborative process, involving all affected Parties, to identify resolutions to these issues; • In the event any identified resolution creates economic costs for the City, the Parties agree negotiation of said resolution will not commence until negotiations over the successor MOU commence, absent mutual written agreement of the parties; and • Local 1401 shall not institute any grievance or other adjudicatory proceeding regarding these matters prior to July 1, 2020. For Fire Inspectors 26 7-Day Work Period-Fire Captains Assigned To 40-Hour Schedule 26 Accruing Vacation While On Sick Leave Or Labor Code 4850 Leave 39 Acting Assignments 34 Acting Duty Chief 32 Acting Duty Chief – No Impairment 31the City For IAFF Local 1401

History Of Prior City Contracts With CalPERS. A history of prior amendments to the City’s contracts with CalPERS XxxXXXX is attached as APPENDIX B. The parties agree that APPENDIX B is provided as a historic reference to the timing of prior agreements about retirement benefits, and the parties agree that APPENDIX B shall not be used to interpret the language of the Agreement ratified by IAFF L-1401 and approved by the City Council. Date Amendment to City’s Contract With CalPERS March 20, 2012 Amendment #4 to the 2006/2007 through 2011/2012 MOU. The City and IAFF L-1401 agreed to a new, second tier retirement formula, including 3.0% @ 55 and 36 month final compensation. The second tier was effective on July 8, 2012. July 12, 2011 Amendment #3 to the 2006/2007 through 2011/2012 MOU. The City shall report 9% (effective July 1998) EPMC to PERS as additional compensation for retirement purposes as provided in GC Sections 20636 and 20691, and is for the rate of classifications in the Unit. Such reporting will continue only to the extent permitted by the PERS laws. Further, if changes to the PERS laws require that the EPMC be reduced, only the remaining EPMC will be reported to PERS as additional compensation for retirement purposes; and, if such changes require that the EPMC be eliminated, no additional compensation shall be reported to PERS. Articles 44.8 and 44.9 are renumbered Articles 44.12 and 44.13, and new Articles 44.8 through 44.11 are added to read as follows: Cost-sharing contributions: The cost-sharing described in Articles 44.9 and 44.10 below are made under section 20516(f) of the California Public Employees’ Retirement Law (PERL). In accordance with section 20516(f), the City and Union agree that employees’ cost-sharing contributions will fund the cost of the 3%@50 benefit, an “optional benefit” Date Amendment to City’s Contract With CalPERS provided to employees effective July 1, 2001. Date Amendment to City’s Contract With XxxXXXX According to the CalPERS actuary, the maximum allowable cost sharing for that benefit is 10.790% of employees’ compensation earnable (i.e., PERSable compensation, excluding the value of EPMC) through June 30, 2021. Accordingly, the maximum employee cost-sharing contributions will not exceed 10.79% of employees’ PERSable compensation, excluding the value of EPMC. The cost-sharing described in Articles 44.9 and 44.10 will not be documented in a contract amendment with PERS; accordingly, the cost-sharing contributions under those Articles will not be treated as member contributions for PERS purposes. The City will adopt a 414(h)(2) pick-up resolution, characterizing the cost-sharing contributions as pre-tax Employer contributions for federal income tax purposes. Effective July 1, 2011, the Union shall contribute 3% of PERSable compensation, excluding the value of EPMC, for the Employer cost of the optional benefit known as 3%@50. The 3% amount will be deducted from City pay and no employee may elect to receive cash in lieu of the contribution. Effective July 1, 2012, the Union shall contribute 2% of PERSable compensation, excluding the value of EPMC, for the Employer cost of the optional benefit known as 3%@50. The 2% amount will be in addition to the 3% cost-sharing contribution required under Article 44.9. In addition the 2% amount will be deducted from City pay and no employee may elect to receive cash in lieu of the contribution. If PERS law eliminates the City’s ability to pay the 9% Employer Paid Member Contribution (EPMC) under Article 44.6.5, the Union shall pay the full 9% member contribution to PERS. In such event, the City shall pay the Fire Fighters for one half of the EPMC payment (4.5% of PERSable compensation, excluding the value of EPMC), as salary, and Employer cost-sharing as outlined in Article 44.9 and 44.10 shall be converted into payment of toward the employees' mandated contribution, and credited as a member contribution. Date Amendment to City’s Contract With CalPERS August 2003 The City amended its contract with PERS to add the “Alternate Death Benefit for Local Fire Members Credited With 20 or More Years of Service” as provided by Government Code Section 21547.7. June 31, 2002 The parties agreed that an additional 1.6% of PERS salary was to be deducted from employee paychecks. December 30, 2001 The City revised its implementation of Section 414(h)(2), so that the employee’s entire normal contribution is paid by the City pursuant to the EPMC plan. The City’s payment or “pick-up” of an employee’s normal PERS contribution is based upon authority from PERS and upon tax treatment permitted by the Internal Revenue Service under Internal Revenue Code Section 414(h)(2) and revenue rulings related thereto and by the California Franchise Tax Board. It is understood that the California State Legislature or Congress may alter the statutory authority for this tax treatment and the Franchise Tax Board or the IRS or the United States Department of the Treasury may alter the current revenue rulings either by other rulings or by issuing new regulations. The IAFF L-1401 shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses or liability including, but not limited to, liability for back taxes and all claims or any type by the IRS, Franchise Tax Board, Unit employees or their heirs, successors or assigns arising out of this Agreement to pay or partially pay or “pick-up” an employee’s normal contribution to PERS. July 1, 2001 The parties agreed that an additional 3.6% of PERS salary was to be deducted from the employee biweekly paycheck. July 1, 2001 The City amended its contract with PERS to provide Fire Safety Personnel with the “3% @50 Full Formula” Retirement Plan. Date Amendment to City’s Contract With CalPERS February 11, 2001 It was agreed that a 3.8% of PERS salary was to be paid to PERS by a deduction from the employee biweekly paycheck. 2001-2006 MOU The 2001-2006 Agreement indicated that effective July 1, 2001, the City paid the employee contribution to PERS equal to 5.4% and the employee paid 3.6% PERS payment. In addition, the City reported the 5.4% City paid portion as EPMC. Effective December 30, 2001 the City paid the employee contribution equal to 9% and reported this City paid portion as EPMC which is additional compensation for retirement purposes as provided in GC Sections 20636 & 20691 and is for the rate for classifications in the Unit. July 1998 The City shall report 9% EPMC to PERS as additional compensation for retirement purposes as provided in GC Sections 20636 and 20691 and is for the rate for classifications in the Unit. January 4, 1998 The City amended its contract with PERS to provide Fourth Level of 1959 Survivor Benefits (Section 21574) effective January 4, 1998. The City’s cost (estimated by PERS to be $8.50 per month per covered member) for this benefit shall be funded for several years from any current Fire surpluses in the City’s PERS Survivor Benefit account. When these surpluses are depleted and PERS demands payment for the Fourth Level Survivor Benefits, the IAFF L-1401 shall reimburse the actual costs incurred by the City, if any, by deduction from the payroll dues deduction. The City shall provide the IAFF L-1401 an accounting of credits and debits for which charges have been made. January 1, 1997 The City revised its implementation of Section 414(h)(2), so that the employee’s entire normal contribution is paid by the City pursuant to the EPMC plan. Date Amendment to City’s Contract With CalPERS January 1, 1996 The City revised its implementation of Section 414(h)(2), so that one-third (1/3) of the employee’s normal retirement contribution continued in the PERS “Pick-Up” and two-thirds (2/3) is paid by the City, pursuant to the EPMC plan pursuant to 414(h)(2). July 1, 1995 The City amended its contract with PERS effective July 1, 1995, so that an employee who retires may convert unused sick leave balance to service credit as provided by Government Code Section 20862.8. January 1, 1995 The City shall continue the implementation of Section 414(h)(2) of the Internal Revenue Code concerning tax treatment of the employee’s retirement contribution designated by PERS as PERS “Pick-Up” as follows: Effective January 1, 1995, the City revised its implementation of Section 414(h)(2) for employees, so that two-thirds (2/3) of the employee’s normal retirement contribution continues in the PERS “Pick-Up” plan and one-third (1/3) is paid by the City, pursuant to the plan designated by PERS as Employer Paid Member Contribution (EPMC). EPMC was also implemented pursuant to 414(h)(2). July 1, 1994 The City amended its contract with PERS so that an employee may buy back the employee’s military services as provided by Government Code Section 20930.3. The parties agree that this benefit is provided by Section 20930.3 as it reads subsequent to January 1, 1977. January 1, 1989 The City amended its contract with PERS to provide the 2% at 50 Retirement Plan. Such plan is more specifically known as Public Employee’s Retirement System, Local Safety Members 2% at 50 Full Formula, as defined in Retirement Law Section 21252.01. November 1, 1983 The City amended its contract with PERS to provide the so-called “single highest year” Final Compensation formula. INDEX 2% ............................................................................................................................. 64 24Side Letter of Understanding Between City of Santa Xxxx and IAFF Local 1401 During negotiations on a successor MOU to the 2016-Day Work Period 26 3% @ 50 Pension Formula 61 3.0% at 55 Pension Formula 62 72017 MOU between the City of Santa Xxxx and IAFF Local 1401 (collectively the “Parties”), issues were raised related to the trust that funds Local 1401’s Post-Day Work Period Retirement Medical Benefit Defined Contribution Plan. These issues relate to the administration of the trust but also potentially implicate MOU interpretation issues. Full resolution of these issues requires involvement of retired members of IAFF, who are not parties to the negotiations of a successor MOU. In an attempt to resolve this matter without delaying the adoption of a successor MOU, the Parties agree to the following: • Between now and July 1, 2020, the Parties shall engage in a collaborative process, involving all affected Parties, to identify resolutions to these issues; • In the event any identified resolution creates economic costs for the City, the Parties agree negotiation of said resolution will not commence until negotiations over the successor MOU commence, absent mutual written agreement of the parties; and • Local 1401 shall not institute any grievance or other adjudicatory proceeding regarding these matters prior to July 1, 2020. For Fire Inspectors 26 7-Day Work Period-Fire Captains Assigned To 40-Hour Schedule 26 Accruing Vacation While On Sick Leave Or Labor Code 4850 Leave 39 Acting Assignments 34 Acting Duty Chief 32 Acting Duty Chief – No Impairment 31the City For IAFF Local 1401