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"SEIU PART TIME UNIT" <br /> D. The number of such Primary and/or Secondary Bilingual Assignments shall be no <br /> larger than the requirements of the department as determined solely by the <br /> Department Head and the City Manager. <br /> E. There shall be periodic recertification of such bilingual capability. <br /> 475 4.6 Deferred Compensation. The City has adopted a qualified retirement plan for all Part <br /> Time, Temporary and Emergency employees not covered by CalPERS to satisfy the <br /> requirements of the Omnibus Budget Reconciliation Act of 1990. This plan is a qualified <br /> Section 457 Deferred Compensation Plan. The disbursement from the plan shall be <br /> consistent with the law and the policies and procedures established by the City. <br /> A. The City and the Union further agree that all such employees will be required to <br /> contribute 3.75% of their wages into the City-adopted qualified retirement plans <br /> such as Section 457 Deferred Compensation Plan. <br /> B. The City agrees to contribute 3.75% of all such employees' wages into the <br /> employees' retirement plan. <br /> C. If, at any time in the future, the Internal Revenue Service rules that the adopted <br /> retirement plan does not meet Federal requirements as a qualified alternative <br /> retirement system to Social Security coverage, the City will discontinue its <br /> contributions into said plan for affected employees and will not assume <br /> responsibility for the payment of any back taxes due for Social Security coverage <br /> or for payments of any back taxes due for Social Security coverage or for <br /> payments to any other qualified retirement plan for affected employees except for <br /> those payments mandated by law to be paid for by an employer. <br /> D. In consideration of the inclusion in CaIPERS of all Part Time employees working <br /> in excess of 999 hours in any fiscal year since July 1, 1994, the Union and the <br /> City agree that: <br /> • All City and employee contributions to the deferred compensation <br /> retirement system since July 1, 1994 be transferred to the CalPERS <br /> program. <br /> • All back contributions due to CalPERS by the employee and the City shall <br /> be paid by the City. <br /> 8 <br />