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C. Management Vacation Leave: Employees may receive cash compensation, computed on a <br />straight time basis, up to a maximum of forty (40) hours of earned, unused management <br />vacation leave benefits, set forth in Section 10.7 herein. Effective July 1, 2009, all <br />employees covered by this Agreement shall defer for the duration of Fiscal Years 2009- <br />10 and 2010-11, respectively, an employee's ability to cash out management vacation <br />time. The ability to cash out management vacation time shall be reinstated July 1, 20W <br />2011. Such deferral shall not affect an employee's ability to cash out management <br />vacation time upon separation of employment with the City. <br />1. Effective July 1, 201-0 2011 through June 30, 20" 2014 employees choosing to <br />cash out their management vacation leave time may do so up to a maximum value of <br />1.33 x 40 hours, or 53 hours per year. <br />The terms and conditions identified in "bold type" above apply to the Cash Option set forth in 9.6 <br />above for the period of time beginning July 1, 2009, and ending June 30, 2014 2014. Effective <br />July 1, 2014 2014, these terms and conditions no longer apply and the Cash Option reverts to that <br />set forth above (maximum of 120 hours of combined holiday, regular or longevity vacation, and/or <br />management vacation). <br />Notwithstanding the above, employees covered by this Agreement who retire between July 1, <br />2010 and January 31, 2011, shall have the ability to cash out any and all leaves at a value <br />increased by six and one-half percent (6.5%) of base pay, plus premiums. In no event shall <br />this provision be construed as precedent-setting, nor shall this provision entitle an employee to <br />enhanced retirement benefits of any kind as provided by Ca/PERS, including but not limited to <br />making this leave cash out reportable to CalPERS as income for the purpose of enhancing an <br />employee's retirement benefit. <br />Such cash option may be eliminated or modified to the extent it is construed as overtime under <br />Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act. <br />AMENDED ARTICLE XI (new language in bold italics, deleted provisions lined out) <br />11.3 Military Leave. <br />A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or <br />she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to <br />report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, <br />he or she will be reinstated as provided in Section 9-143 of the Civil Service Rules and Regulations of <br />the City of Santa Ana. <br />B. Temporary. Members of the reserve forces of the United States or the National Guard, <br />granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, <br />will be granted leave with pay not to exceed thirty (30) ealendep working days in each calendar year <br />PMA 2010-13 Contract Extension Page 5 <br />25E-7