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<br /> in accordance with the rules and regulations governing such employer <br /> contributions. <br />17.4 Employee's Contribution to Retirement-System <br /> Each employee will pay the Employee's Contribution to the Public Employees' <br /> Retirement System in accordance with the rules and regulations governing such <br /> contributions. <br />17.5 414(h)(2) Internal Revenue Service Code <br /> Effective April 1 , 1990, or as soon thereafter as the City receives approval from <br /> the Internal Revenue Service, the City shall implement the provisions of <br /> 414(h)(2). The City will maintain this implementation for the term of this <br /> MOU, so long as those provisions (414(h)(2» remain substantially the same, <br /> and so long as there is no cost to the employer for this 414(H)(2) participation. <br />17.6 Disability Retirement <br /> Ifthe disability retirement of an employee is contested, then the affected <br /> employee shall be entitled to an evidentiary hearing to determine whether such <br /> retirement shall be granted. Such a hearing shall be conducted by an <br /> Administrative Law Judge appointed by the California Office of Administrative <br /> Hearings. The Administrative Law Judge shall make findings and <br /> recommendations to the City Manager, who shall have the final determination <br /> as to the disability retirement. <br /> Prior to making a final determination, the City Manager shall provide Local <br /> 2400 with a copy ofthe Administrative Law Judge's proposed decision <br /> including proposed findings and recommendations. <br /> Nothing herein shall affect the jurisdiction of the Worker's Compensation <br /> Appeals Board to determine whether disability is or is not industrial. <br /> An employee may waive hislher right to an evidentiary hearing. The employee <br /> and the City may mutually agree to waive provisions of the Administrative <br /> Procedures Act. <br /> 28 <br />