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ARTICLE XIV <br />14.0 RETIREMENT <br />14.1 General. The terms of the existing contract between the City and California Public. <br />Employees' Retirement System (CaIPERS) governing the City retirement benefit's of <br />employees covered by this MOU are incorporated by reference herein. The City shall <br />continue to make contributions to CaIPERS in accordance with its contract with CaIPERS for <br />employees covered by said contract as amended. <br />14.2 Deferred Retirement. The City will continue to make payment to,CalPERS on behalf of each <br />affected employee, in an amount necessary to pay one hundred percent (1000/) of his or her <br />individual "employee'retirement; eontribution. Such payments shall, be credited to the <br />individual employee's CaIPERS. account. <br />Such payments are not increases in base salary and no salary rate ranges applicable to any of <br />the employees covered by this-MOU shall be changed or deemed to have been changed by <br />reason thereof. As a result, the City will not treat these payments as ordinary'income and, <br />thus will not withhold Federal or State income tax from said payments. The City has <br />received an opinion or ruling from the Internal .Revenue Service confirming that these <br />payments are deferred compensation, and not ordinary income. <br />For the purpose of reporting an employee's compensation to CaIPERS, the City shall include <br />these payments as if they were partof the employee's base salary. <br />In the event that the City receives a ruling from the Intemal Revenue Service that such <br />payments are ordinary income of the employees instead of deferred compensation, the City's <br />obligation to. make such payments shall discontinue and in place thereof the base salary of <br />each said employee shall forthwith be increased by eighteen (18) salary rate ranges <br />(approximately '9%) for "safety member" employees covered under the 3% at age 50 <br />CaIPERS formula and. sixteen (16) salary rate ranges (approximately 8%) for all <br />"miscellaneous member" employees covered under the 2.7% at age 55 CaIPERS"Formula. <br />14.3 1959 Survivor's Benefit. The City shall provide CaIPERS fourth level of 1959 Survivor's <br />Benefits to all eligible employees in the unit. <br />14.4 Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide the Pre - <br />Retirement Optional Settlement 2 Death Benefit to all employees covered by this MOU. <br />14.5 2.7% at 55 Service Retirement Benefitfor Classic Miscellaneous Members. The City agrees <br />to continue to provide Classic Miscellaneous employees covered.by.this MOU who are <br />defined as Classic Members under the California Public Employees' Pension Reform Act <br />(PEPRA) of 2013 with the 2:71/o at 55 Service Retirement benefit. <br />37 <br />251-39 <br />