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13.6 Military Service Credit as Public Service. Effective January 2, 2001, Safety employees, and April 5, 2002, Miscellaneous employees, respectively, may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. The City agrees that, as soon as practicable following Council approval of this Agreement, and amendment to the CalPERS contract, employees who elect to purchase service credit may do so on a pre -tax basis. 13.9 Reopener re Employer CalPERS Contribution (New) If at any time during the term of this Agreement the City receives notification from CalPERS that the employer contribution rate for a fiscal year for the cost of providing the 3% at 50 service retirement benefit to members of the Association meets or exceeds 25 %, then the provisions of section 13.5 "Payment of 3% at 50 Service Retirement Benefit" shall be subject to being immediately reopened for negotiation at the request of the City. Amended ARTICLE XXII (new language in bold; deleted provisions lined out) 22.0 LAYOFFS G. The City agrees that there shall be no layoffs of members of this bargaining unit during the fiscal years 2009 -2010 and 2010 -2011. H. The City agrees that there will be no layoffs of members of this bargaining unit during fiscal year 2011 -2012 except upon the occurrence of a five percent (5 1%) or greater decline in the 2010 -2011 general fund revenues of the City. For purposes of this provision, general fund revenues of the City will not include one -time revenues to the City or transfers between other existing City funds and the general fund. ARTICLE XXVI 26.0 TERM OF AGREEMENT POA CONTRACT EXTENSION 2010 -13 Page 7 25F -9