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Such option may be eliminated or modified at the discretion of the Fire Department or to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (FLSA). 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 vocation leave time. The ability to cosh out longevity vacation leave time shall be re-instated July 1, 2010. This deferral shall not affect nn employee's ability to be compensated for the accumulated longevity vacation leave time upon sepnrntion from employment with the City. Effective July 1, 2010, employees choosing to cash out their longevity vacation may do so to a maximum value of 1.33 x 120 hours or 160 hours per year. This cap on annual cash-out of longevity vacation shall not affect an employee's ability to be compensated for accumulated longevity vacation leave time upon sepnrntion from employment with the City. AMENDED ARTICLE XIV (new language in bold) 14.6 Retiree Health Insurance Effective October 1, 2004, the City shall contribute an amount equal to one percent (1%) of the bargaining unit's current salary base, including assignment pays, to a fund, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2005 and October 1, 2006, respectively, the City shall contribute one and three quarter percent (1.75%) of the bargaining unit's salary base, including assignment pays to the fund. This program is for premium reduction only and is provided for bargaining unit employees retiring after July 1, 1989. Effective July 1, 2007, the City and Association agree to reopen this provision of the Agreement to discuss the status of this fund. The SAFBA agrees to defer the City's annual FBA Retiree Health Insurance Fund (Fund 84) October 2009 deposit to a dote no later than March 31, 2010. Interest shall continue to accrue during this deferral period as stipulated by the Fund 84 Policy. The Association agrees to a loan of $700,000 from Fund 84 (FBA Retiree Health Insurance Fund) to Fund it (General Fund), effective November 1, 1996. The loan is to be for an indefinite term at an annual interest rate of 5.65%, and will be repaid when necessary, based on the fiscal condition of the FBA Retiree Health Insurance Fund. The City shall provide the Association an annual report on the status of Fund 84 and the status of the loan from Fund 84. FBA Contract Extension Draft for FBA Review June 4, 2009 Page 5 25A-7