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is caused by Nunez's death, payment shall be made to Nunez's designated beneficiary <br />or in accordance with the law. Vacation is transferable from one year to the next. <br />C. Management Vacation (Administrative Leave . Management <br />vacation leave shall accrue and be capped at the same amount of hours per year as <br />provided to the unrepresented Executive Management Group for Nunez to be taken at <br />his discretion, which shall be deemed earned on January 1 of each year. As a current <br />employee of the City, Nuriez has a bank of management vacation leave hours that he <br />shall be entitled to maintain. The highest leave accrual, maximum accrual, and cash -out <br />provisions provided to any represented employee's unit, will also be offered to Nunez. <br />Such cash option may be eliminated or modified to the extent it is construed as overtime <br />under Department of Labor Guidelines implementing provisions of the Fair Labor <br />Standards Act. <br />d. Holidays. Nunez shall be entitled to the same number of paid <br />holidays per year as provided to other City unrepresented Executive Management Group <br />employees. <br />9. Retirement Insurance and Other Benefits. <br />a. CaIPERS Retirement. The City agrees to execute all <br />necessary agreements to enroll Nunez in the California Public Employees Retirement <br />System ("CaIPERS") commensurate with the standard City employee retirement benefits <br />program, as that program may be changed from time to time. During the term of this <br />Agreement, City shall contribute to the employer's portion and as a Classic member under <br />CAPERS, Nunez will continue to be enrolled in the 2.7% at 55 Service Retirement Benefit <br />formula. Nunez shall pay eight percent (8%) of CaIPERS reportable compensation toward <br />the employer cost of the 2.7% at 55 enhanced retirement formula. This payment shall be <br />implemented as cost -sharing pursuant to Government Code section 20516(f). <br />b. Pre -Taxable Benefit. To the extent permitted by CaIPERS and <br />Internal Revenue Service regulations, this eight percent (8%) employee contribution shall <br />be implemented through payroll deductions on a pre-tax basis. <br />55394.00000W2495009.1 <br />