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AMENDED ARTICLE X (new language in bold; deleted provisions lined out) 10.0 VACATION 10.3 Longevity Vacation E. Effective July 1, 2005, employees covered by this Agreement shall be given an option once per calendar year, to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits set forth in Subsection A above. F. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. G. For the period July 1, 2010 through June 30, 2013, employees covered by this Agreement shall be given an option once per fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of fifty- three (53) hours of their longevity vacation leave benefits set forth in subsection A above. H. Effective July 1, 2013, the yearly longevity cash-out provisions shall revert bock to that ns set forth in section 10.3"E", above. Therefore, effective July 1, 2013, employees covered by this Agreement shall be given nn option once per fiscal year to receive cash compensation computed on a straight time basis in lieu of up to n total of forty (40) hours of their longevity vacation leave benefits set forth in subsection "A", above. Such option may be eliminated or modified at the discretion of the Department to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (ELBA). 10.4 Limitation on Vacation. A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take, any vacation leave with pay in excess of 400 hours in any one year by any combination of the vacations granted in this Agreement. Further, no employee may carry over from one calendar year to the next more than the equivalent of one longevity vacation period and the equivalent of one regular vacation period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) 25C-8