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55394.00000\42495009.1 <br /> <br />Executive Management Group; it shall not be necessary to carry Nuñez on the payroll for <br />the vacation period available at time of separation. In the event separation from the City <br />is caused by Nuñez’s death, payment shall be made to Nuñez’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 Nuñez 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, Nuñez 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 Nuñez. <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. Nuñez 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 /> <br />9. Retirement, Insurance, and Other Benefits. <br />Unless expressly addressed in this contract, Nuñez will receive the same benefits as the <br />unrepresented Executive Management Group. <br />a. CalPERS Retirement. The City agrees to execute all <br />necessary agreements to enroll Nuñez in the California Public Employees Retirement <br />System ("CalPERS") 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 />CalPERS, Nuñez will continue to be enrolled in the 2.7% at 55 Service Retirement Benefit <br />formula. Nuñez shall pay eight percent (8%) of CalPERS reportable compensation toward <br />the employer cost of the 2.7% at 55 enhanced retirement formu la. This payment shall be <br />implemented as cost-sharing pursuant to Government Code section 20516(f).