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use vacation as it accrues. Vacation accrued by Nunez and not taken shall be cashed out <br /> or paid to Nunez when separating from City service, calculated at Nunez's then-current <br /> base hourly rate in accordance with the same rules that apply to the unrepresented <br /> Executive Management Group; it shall not be necessary to carry Nunez on the payroll for <br /> the vacation period available at time of separation. In the event separation from the City <br /> is caused by Nunez's death, payment shall be made to Nunez's designated beneficiary <br /> or in accordance with the law. Vacation is transferable from one year to the next. <br /> C. Management Vacation (Administrative Leave). Management <br /> vacation leave shall accrue and be capped at the same amount of hours per year as <br /> provided to the unrepresented Executive Management Group for Nunez to be taken at <br /> his discretion, which shall be deemed earned on January 1 of each year. As a current <br /> employee of the City, Nunez has a bank of management vacation leave hours that he <br /> shall be entitled to maintain. The highest leave accrual, maximum accrual, and cash-out <br /> provisions provided to any represented employee's unit, will also be offered to Nunez. <br /> Such cash option may be eliminated or modified to the extent it is construed as overtime <br /> under Department of Labor Guidelines implementing provisions of the Fair Labor <br /> Standards Act. <br /> d. Holidays. Nunez shall be entitled to the same number of paid <br /> holidays per year as provided to other City unrepresented Executive Management Group <br /> employees. <br /> 9. Retirement, Insurance, and Other Benefits. <br /> Unless expressly addressed in this contract, Nunez will receive the same benefits as the <br /> unrepresented Executive Management Group. <br /> a. CaIPERS Retirement. The City agrees to execute all <br /> necessary agreements to enroll Nunez in the California Public Employees Retirement <br /> System ("CaIPERS") commensurate with the standard City employee retirement benefits <br /> program, as that program may be changed from time to time. During the term of this <br /> Agreement, City shall contribute to the employer's portion and as a Classic member under <br /> CaIPERS, Nunez will continue to be enrolled in the 2.7% at 55 Service Retirement Benefit <br /> formula. Nunez shall pay eight percent(8%) of CaIPERS reportable compensation toward <br />