SANTA ANA POLICE BENEVOLENT ASSOCIATION (5)

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. or caused by willful misconduct; or sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave will, first, be deducted from any available compensation time off benefit; second, from any available vacation leave benefit; finally, deducted from the next scheduled wage or salary payment. J. Personal Necessity Leave. Each employee shall be afforded the opportunity to use up to three (3) days (24 hours) of sick leave benefits per calendar year (on a non-cumulative basis) for "personal necessity leave", which circumstances shall include serious accidents or illnesses to members of the employee's immediate family, childbirth, imminent danger to the employee's home or other valuable property, or the existence of external circumstances beyond the employee's control making it impractical for him/her to report for duty. K. Payment for Unused Sick Leave. ( 1 ) Except in cases of disability retirement, upon non-disciplinary termination of employment after ten (10) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one-third (1/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 53.33 working days, at the rate of pay effective on the date of such termination. At the employee's election, payment for unused sick leave may be received in either a lump sum of money, or in equal monthly payments for a period of up to five (5) years. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third (1/3) of the total sick leave benefit credited to the employee's account at the time of his or her death, and at the rate of pay effective on the date of death. (2) At his or her option, an employeee may convert any lump sum payment provided herein into health insurance premiums, to the extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insurance program maintained by the City. The City's obligation to pay such premiums shall be terminated upon the happening of any of the following events: (a) Premiums have been paid on behalf of the former employee for a period of five (5) years beyond the date of termination of employment; or (b) The sum of premiums paid equals one hundred fifty percent (150%) of the amount of the lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected. 21