AgdaPkt 2002-11-18 - Laserfiche WebLink

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