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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 />D. PMA members who notify the City, in writing, of their intent to retire within 12 <br />calendar months shall be allowed to cash out any and all eligible leave bank balances, <br />including sick leave, upon request. Employees shall receive payment as soon as <br />practical, and no longer than 30 days after the request has been made. If an employee <br />cashes out his or her eligible leave bank balances prior to retirement and <br />subsequently remains employed one year after their initial notice of intent to retire, <br />said employee shall be ineligible to accrue 100 hours of management vacation the <br />next calendar year. <br />21 <br />