SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1989-1991) (1ST AMENDMENT)

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AS/-./_ - LG=S'S AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE C�a CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTER- NATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME EMPLOYEES' REPRESENTATIONAL UNIT FOR FISCAL YEARS 1989- 90 AND 1990-91. The "Memorandum of Understanding Between the City of Santa Ana and the Service Employees International Union, Local 1939, AFL-CIO, CLC, for the Two -Year Period July 1, 1989 through June 30, 1991," executed on September 5, 1989, is hereby amended as follows: 1. Section 5 of Article IV - "Benefits," is amended to read as follows: "Section 5. Benefits The City and the Union agree that the City shall adopt a qualified retirement plan such as Section 457 deferred compensation plan as the vehicle to provide a qualified retirement plan mandated by Federal law, the Omnibus Budget Reconciliation Act of 1990, for all part-time, temporary and emergency employees represented by the Union who are not now covered by the City's retirement program or by Social Security. The City and the Union further agree that all such employees will be required to contribute 3.75% of their wages into the City -adopted qualified retirement plans such as Section 457 Deferred Compensation Plan. The City agrees to contribute 3.75% of all such employees' wages into employees' retirement plan. If, at any time in the future, the Internal Revenue Service rules that the adopted retirement Plan does not meet federal requirements as a qualified alternative retirement system to Social Security coverage, the City will discontinue its contributions into said Plan for affected employees and will not assume responsibility for the payment of any back taxes due for Social Security coverage or for payments to any other qualified retirement plan for affected employees except for those payments mandated by law to be paid for by an employer. The City at no time will be required to pay contributions to two separate retirement systems."