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<br />46 <br /> <br />The City shall pay the rate prescribed by PERS for employer contributions to the <br />PERS in accordance with the rules and regulations governing such employer <br />contributions, minus the employee cost share reflected herein. <br /> <br />Employees in Tier 1 (3% @ 50) and Tier 2 (3% @ 55) are required to contribute <br />nine percent (9%) of pensionable compensation as the employee member <br />contribution. Such employees shall contribute an additional seven percent (7%) <br />of pensionable compensation toward the City’s pension contribution in <br />accordance with California Government Code Section 20516, for a total of <br />sixteen percent (16%) of pensionable compensation. Three percent (3%) of the <br />total seven percent (7%) listed above shall be cost sharing in accordance with <br />Section 20516(a) of the California Government Code. The remaining four <br />percent (4%) of the total seven percent (7%) listed above shall be cost sharing in <br />accordance with Section 20516(f) of the Government Code. <br /> <br />Employees in Tier 3 (2.7% @ 57) are required to contribute fifty percent (50%) <br />of the normal contribution for pension as determined by CalPERS in accordance <br />with California Government Code Section 7522.30. In addition, employees in <br />Tier 3 shall contribute an additional four percent (4%) of pensionable <br />compensation toward the City’s pension contribution in accordance with <br />California Government Code Section 20516(f). <br /> <br />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 /> <br />17.4 414(h)(2) Internal Revenue Service Code <br /> <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 /> <br />17.5 Disability Retirement <br /> <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 /> <br />6.A. - Page 57 of 99 <br />64