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"SEIU PART TIME UNIT" <br />E. There shall be periodic recertification of such bilingual capability. <br />4.6 Deferred Compensation. The City has adopted a qualified retirement plan for all Part <br />Time, Temporary and Emergency employees not covered by Ca1PERS 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 shall 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 shall discontinue its <br />contributions into said plan for affected employees and shall not assume <br />responsibility for the payment of any back taxes due for Social Security coverage or <br />for 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 CalPERS of all Part Time employees working in <br />excess of 999 hours in any fiscal year since July 1, 1994, the Union and the City <br />agree that: <br />• All City and employee contributions to the deferred compensation retirement <br />system since July 1, 1994 be transferred to the Ca1PERS program. <br />• All back contributions due to Ca1PERS by the employee and the City shall be paid <br />by the City. <br />• All deferred compensation retirement funds paid prior to July 1, 1994 remain in <br />the account of the employee for distribution at the employee's choice upon <br />termination of employment from the City. <br />E. The City at no time shall be required to pay contributions to two separate retirement <br />systems. <br />4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the <br />employee to overtime compensation, at a rate equal to one and one-half (1 ''/2) times the <br />employee's regular hourly rate of pay. <br />7 <br />25E-9