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If, at any time, the Association withdraws agreement to contribute the pension <br />contribution of seven percent (7%) under Government Code Section 20516, <br />employee's base salary will be reduced by an equal amount. <br />17.4 414(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 />17.5 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 2400 <br />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 Appeals <br />Board to determine whether disability is or is not industrial. <br />An employee may waive his/her right to an evidentiary hearing. The employee <br />and the City may mutually agree to waive provisions of the Administrative <br />Procedures Act. <br />SECTION 18 - LEAVES <br />18.1 Sick Leave <br />18.1.1 Sick Leave Accrual <br />Regular and probationary employees who work a fifty-six (56) hour <br />workweek shall accrue sick leave at the rate of twenty-four (24) hours <br />per month to a maximum of one thousand nine hundred twenty <br />(1,920) hours. In the event the present duty schedule is changed by <br />increasing or decreasing the number of hours worked in the work <br />cycle, the rate of accrual and the maximum accrual of sick leave credit <br />will be increased or decreased in direct proportion to such change. <br />Regular and probationary employees who work a forty (40) hour <br />33 <br />