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received) equal to the difference between the member's OCFA base salary at the demoted <br />rank (e.g., Step 12) and the Step 12 OCFA base salary for the class from which the <br />employee was demoted. For example, if a City Fire Captain is demoted to Step 12 <br />Firefighter with OCFA, the City shall pay to that person a monthly stipend equal to the <br />difference between Step 12 OCFA Firefighter and Step 12 OCFA Captain. The City's <br />obligation to pay such monthly stipend shall continue for twenty-four (24) months from the <br />date of demotion (i.e., the date of transition to the OCFA) or until the member is both <br />promoted to his or her former rank and his or her base salary with OCFA is elevated to Step <br />12 of that promoted rank, whichever occurs first. <br />A. Some transitioning City employees will be demoted in rank by the OCFA upon <br />transition. The parties agree that any such demotions will be based on seniority <br />in rank, (based upon the manner in which seniority has been calculated in the <br />Department as set forth in Exhibit 3 to this MOU) provided, however, an <br />employee not slated for demotion can elect to voluntarily demote in place of <br />another employee. The City's agreement to directly pay demoted employees a <br />monthly stipend, above, shall apply to any employee who voluntarily demotes (in <br />transitioning over to the OCFA) in place of another transitioning employee who <br />would otherwise be demoted. The parties further agree that if an employee who <br />would not otherwise be demoted chooses to voluntarily demote, the employee <br />who benefits from this decision and is thus not demoted is the employee with the <br />greatest seniority in the rank who would have otherwise been demoted. <br />6. Members Rejected Due to Industrial Injury or Medical Condition: The City agrees that it <br />will certify as qualified for industrial disability retirement any sworn member of SAFBA who is <br />rejected from employment by the OCFA due to a legitimate industrial injury or other <br />industrial medical condition, upon submission of the required paperwork (DWC-1, etc.). The <br />City agrees that if a non-sworn member is rejected from employment by OCFA due to a <br />legitimate industrial injury or industrial medical condition, it will not contest any application by <br />the employee for an industrial disability retirement filed with the California Public Employees' <br />Retirement System ("CalPERS"), which shall determine whether to grant a disability <br />retirement for such non-sworn member. The parties agree that if a disability retirement is <br />not granted, the City is under no obligation to reinstate the employee to employment with the <br />City as the employee's position has ceased to exist as a result of the contracting out of the <br />Santa Ana Fire Department. <br />SAFBA members who are on leave pursuant to Labor Code section 4850 on the date of <br />transition and who thus are not being immediately offered a position by the OCFA will <br />continue to receive their Section 4850 payments for the duration of their statutory <br />entitlement (up to one year) under the law. However, such individuals will not be considered <br />employees of the City beyond the date of transition. <br />SAFBA employees who are off on a non-industrial injury or illness leave or who have <br />exhausted their Labor Code 4850 benefits on the date of transition will be laid off from the <br />City as of the date of transition, and shall be paid for their accrued leaves per the existing <br />MOU between the City and the SAFBA. Pursuant to subparagraph a, below, such <br />employees will also be eligible to become employed by OCFA or file for disability retirement. <br />3