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lesser number of steps (not less than one) are approved by the City Council upon a performance evaluation conducted in accordance with Chapter 705 of the City Charter as as specified in Resolution No. 2009 -038 and payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid. Commencing on August 18, 2013 and each year thereafter, employee shall be entitled to receive any upward salary adjustment received by the executive management of the City and as approved by the City Council. The term "Annual Base Salary" as used in this Agreement shall also include any such adjustments approved by the City Council other than payments not eligible to be added to the Clerk of the Council's Annual Base Salary pursuant to the terms of any applicable salary resolution of City. The term "Monthly Base Salary" as used in this Agreement shall mean a sum of money equal to one - twelfth (1/12) of Clerk of the Council's Annual Base Salary as defined herein. 2.2 Benefits In addition, and except as otherwise specified herein, Clerk of the Council shall receive all such other benefits that are applicable to executive managers of the City as of the Effective Date of this Agreement, as the same may be modified from time to time after the date of this Agreement, including but not limited to medical insurance, long term disability insurance, life insurance, sick leave, holidays, vacation, bereavement and family illness leave, and participation in retirement system. The Clerk of the Council is entitled to accrue all unused leave, without limit, and in the event the Clerk of the Council's employment is terminated, either voluntarily or involuntarily, the Clerk of the Council shall be compensated for all accrued vacation time, all paid holidays, all executive leave and all other benefits to the termination date. For purposes of continuing participation in the City's retiree medical health subsidy program, the Clerk of the Council shall receive the same benefit as other City executive managers. The Clerk of the Council shall accrue vacation at a rate as though her date of appointment with the City of Santa Ana was April 6, 1998. The Clerk of the Council shall be entitled to unlimited accumulation of unused vacation. Additionally, upon leaving employment with the City said Clerk of the Council shall be able to convert unused sick leave as though her date of appointment was April 6, 1998, 2.2.1 Deferred Compensation Clerk of the Council shall receive as additional compensation deferred compensation as allowed by Government Code Section 53214 in the maximum annual amount permitted pursuant to Section 457 of the Internal Revenue Code at the time of adoption of Resolution No. 2009 -038 , excluding any permitted catch up contribution. Said deferred compensation shall appear as part of the Clerk of the Council's bi- monthly compensation payment. 45635.01000 \7118043.4 2 25C -4