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6.K. - Page 55 of 190 <br />I N RUN .fir W 1 -�EVER.1 <br />If, at any time, the Association withdraws agreement to contribute the pension <br />contribution of seven percent <br />be reduced by an equal sCode Section 20516, <br />percent (7%)under Government <br />employee's_ base salary mount <br />17.46 414(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 MOU, <br />so long as those provisions (414(h)(2)) remain substantially the same, and so <br />long as there is no cost to the employer for this 414(h)(2) participation. <br />17,75 Disability Retirement <br />If the 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 of the Administrative Law Judge's proposed decision including <br />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 />44 <br />298 <br />