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01/10/2011 <br /> 17.3 City's Contribution to Retirement System <br /> The City shall pay the rate prescribed by the Public Employees' Retirement <br /> System for employer contributions to the Public Employees' Retirement System <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 <br /> such 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 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 /> 17.6 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 /> 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 /> 30 <br /> Page 36 #15077 <br /> MUFF # 905 <br />