Common use of REIMBURSEMENT OF EMPLOYEES’ PERS CONTRIBUTION Clause in Contracts

REIMBURSEMENT OF EMPLOYEES’ PERS CONTRIBUTION. Effective no later than sixty (60) days following ratification of this Agreement the employees shall contribute one-half percent (.5%) of base pay towards the Employee’s Contribution to the Public Employees’ Retirement System (PERS) and the District shall discontinue that contribution. On January 1, 2014, the District shall discontinue the payment of an additional one-half percent (.5%) of base pay towards the Employee’s PERS contribution. Effective January 1 of each successive year of this Agreement, employees shall contribute an additional one percent (1%) of base pay, and the District shall discontinue the payment of one percent (1%) each year up to a maximum of four percent (4%). Employee PERS Contributions shall be made on the basis of PERSable income earned during the time periods described above. The District shall continue to pick up the remainder of employees’ contributions to PERS. During the life of this Agreement, earnings may accrue to the District by reason of a reduction of the District’s contribution to PERS. The District agrees that should the current rate of employee contribution to PERS increase during the term of this Collective Bargaining Agreement, the District shall include such rate increase in the affected pick up due to the subsequent rate increase. The parties agree that any additional cost to the District resulting from any increase in the percentage level of employee contributions occurring after November 1979 shall be borne by the District until the expiration of this Agreement. Each employee is solely and personally responsible for any federal, state or local tax liability of the employee that may arise out of receipt of said pick up by the District or any penalty that may be imposed therefore. The parties recognize that it may be contended that some of these payments were unlawful and that they could not have been made in the absence of an amendment to the District’s contract with PERS and recognize further that BART has not sought such an amendment. Should the District be required to reimburse PERS for back contributions related to these payments, BART’s pick up of employee PERS contributions will cease until an amount equivalent to the amount required to be reimbursed to PERS has been placed by BART in an escrow account pending mutual agreement by the parties as to alternative benefit(s). Such benefit(s) shall not increase BART’s aggregate direct or indirect payroll cost above the amount it would otherwise have incurred by continuation of the PERS pick up program. Any PERS savings accrued by the District on or after July 1, 1989 remain the property of the District and shall not be shared with employees.

REIMBURSEMENT OF EMPLOYEES’ PERS CONTRIBUTION. Effective no later than sixty (60) days following ratification of this Agreement the employees shall contribute one-half percent (.5%) of base pay towards the Employee’s Contribution to the Public Employees’ Retirement System (PERS) and the District shall discontinue that contribution. On January 1, 2014, the District shall discontinue the payment of an additional one-half percent (.5%) of base pay towards the Employee’s PERS contribution. Effective January 1 of each successive year of this Agreement, employees shall contribute an additional one percent (1%) of base pay, and the District shall discontinue the payment of one percent (1%) each year up to a maximum of four percent (4%). Employee PERS Contributions shall be made on the basis of PERSable income earned during the time periods described above. The District shall continue to pick up the remainder of employees’ contributions employee's contribution to PERSthe Public Employees' Retirement System. During the life of this Agreement, earnings may accrue to the District by reason of a reduction of the District’s Districts' or employees' contribution to PERS. The District agrees that should the current rate of employee contribution to PERS increase during the term of this Collective Bargaining Agreement, the District shall include such rate increase in the affected pick up due subsequent to the subsequent rate increase. The parties agree that any additional cost to the District resulting from any increase in the percentage level of employee contributions occurring after November 1979 shall be borne by the District until the expiration of this Agreement. Each employee is solely and personally responsible for any federal, state or local tax liability of the employee that may arise out of receipt of said pick up by the District or any penalty that may be imposed therefore. The parties recognize that it may be contended that some of these payments were unlawful and that they could not have been made in the absence of an amendment to the District’s 's contract with PERS and recognize further that BART has not sought such an amendment. Should the District be required to reimburse PERS for back contributions related to these payments, BART’s 's pick up of employee PERS contributions will cease until an amount equivalent to the amount required to be reimbursed to PERS has been placed by BART in an escrow account pending mutual agreement by the parties as to alternative benefit(s). Such benefit(s) shall not increase BART’s 's aggregate direct or indirect payroll cost above the amount it would otherwise have incurred by continuation of the PERS pick up program. Any PERS savings accrued by the District on or after July 1, 1989 remain the property of the District and shall not be shared with employees.