The Employer does hereby recognize the Union as the sole and exclusive representative for the purpose of collective bargaining in respect to wages, benefits, hours of employment, other terms and conditions of employment for the term of this Agreement for all employees of the Employer included in the bargaining unit.

This is pursuant to and in accordance with all applicable provisions of the Public Employee Relations Act 195 of 1970 and Order of Certification of the State Labor Relations Board in Case #PERA-R-1063-E.

1. The City agrees that, to the extent any operation, service, or function presently performed by members of the bargaining unit is transferred, shifted or assigned to any public or quasi-public agency, board, commission or authority, the employees engaged in performing bargaining unit work by or through such entity will be represented by this bargaining unit.

2. The foregoing language in Paragraph 1 of this article, Successor Clause, shall not apply in any manner to:
   1. Special Services Districts, including, but not limited to the Special Services District known as the Center City District;
   2. Regional agencies, boards, commissions and authorities and any other similar entities in which any other government or other public body is a participant; and
   3. Combined public/private entities of any kind for which the City does not appoint a majority of the entity's board of directors or board of trustees.

3. With respect to the entities encompassed by Paragraph 1, the following shall apply:
   1. Before submitting to City Council any proposed ordinances creating any entity described in Paragraph 1, to which the City proposes to transfer, shift, or assign any operation, service, or function currently performed by members of the bargaining unit, the City will notify the Union not less than thirty (30) days in advance.
   2. The City shall require, in any ordinance, bill, plan or other proposal submitted to City Council or any other legislative body pursuant to the establishment of an entity within the scope of Paragraph 1, that employees engaged in performing bargaining unit work by or through the successor public or quasi-public agency, board, commission or authority, shall be represented for purposes of collective bargaining by AFSCME District Council 47; provided, however, that the issue of contracting out shall be the subject of mandatory bargaining between the successor entity and District Council 47.

4. With respect to the entities encompassed by Paragraph 2, the following shall apply:
   1. Before submitting to City Council any proposed ordinances creating any entity described in paragraph 2, to which the City proposes to transfer, shift or assign any operation, service, or function currently performed by members of the bargaining unit, the City will notify the Union not less than thirty (30) days in advance in order to meet and discuss the transfer, shift, or assignment of bargaining unit work.
   2. In addition, the City agrees that it will not oppose the Union's attempt to organize the newly created entity.

5. This Article replaces the Successor Clause in the Parties' expired Agreement.

6. The foregoing is agreed to without precedent or prejudice to the parties' respective positions in any pending grievance or arbitration involving this Successor Clause, arising from the parties' prior contract.

The number of stewards, districts and work locations shall be that number agreed upon between the Union and the City after consultation with each Department.

The steward or, in his/her absence an alternate steward, may investigate and present grievances to the employer during his/her working hours without loss of time or pay. Arrangements shall be made with the immediate supervisor for his/her release. This privilege shall not be abused.

In each Department or unit, employees shall be represented by a Steward or a Departmental Union representative, as prescribed in the grievance procedure. In the event of the absence of the Steward or the Departmental Union representative, the Union shall notify the Department of the temporary or permanent replacement and promptly confirm such designation in writing.

Rejection of an employee during the probationary period shall not be subject to the just cause standard and the grievance procedure.

Either the Union or the employee may initiate and pursue grievance procedures on behalf of an employee or class of employees.

The Union may enter the grievance procedure at Step 3 or Step 4, whichever is appropriate, concerning any grievance arising out of the employer-employee relationship involving more than one employee in a Department where the grievance has general applicability to many employees, or involves employees in more than one Department.

Nothing in this grievance procedure shall preclude either party from attempting to settle any grievance informally, at any level, to promote orderly and cooperative relationships. Such informal attempts to resolve grievances shall in no way affect or negate any of the restrictions pertaining to the timely processing of or responding to grievances, contained herein. In processing any grievance, the formal procedure may be terminated at any time and at any level by mutual agreement of the parties without prejudice on either side.

Any decision on a grievance which is not appealed to the next step of the procedure within the specified time limits stated below shall be considered settled on the basis of the City's last reply.

These time limits shall be extended to accommodate documented absences of the aggrieved due to illness or scheduled vacation. The time limits may be extended for other reasons by the mutual consent of the Union official and City official designated at that step of the grievance procedure.

Grievances shall be processed and resolved in accordance with the following procedure:

• Step I
  The member of the bargaining unit affected may directly, or through the Steward, discuss a grievance with the immediate supervisor. If the grievance is not informally resolved the grievant must within ten (10) days after the occurrence giving rise to the alleged violation or within ten (10) days after the employee knew or had reason to know of the event giving rise to the grievance, submit the grievance in writing on the approved form to the immediate supervisor. The immediate supervisor shall provide a written reply within seven (7) days of submission. In the event of a failure to resolve or respond, the grievant or Union shall be responsible for processing the grievance to Step II at the end of the above time period.

• Step II
  If the grievance is not resolved or no reply is given the grievant in Step I the grievant or Departmental Union Representative must refer the grievance, in writing, within seven (7) days of the Step I answer (or its due date) to the Division Head, the equivalent level of authority or his/her authorized representative for resolution. The Division Head shall provide a written reply within seven (7) days of submission. In the event of a failure to resolve or respond, the grievant or Union shall be responsible for processing the grievance to Step III at the end of the above time period.

• Step III
  If the grievance is not resolved or no reply is given the grievant in Step II, the grievant or Departmental Union Representative must refer the grievance, in writing, within seven (7) days of the Step II answer (or its due date) to the Department Head or Commissioner. A meeting shall be held between the Department Head or Commissioner or his/her designee, the Personnel Director or his designee, the appropriate Union officials and the aggrieved. The Department Head shall provide a written reply within ten (10) days of the submission of a grievance.

• Step IV
  If the grievance is not resolved or no reply is given the grievant it must be referred by the Union within ten (10) days of the Step III answer (or its due date) to the Personnel Director. A meeting shall be held between the Personnel Director or his/her designee, the appropriate Union officials and a representative of the Department within five (5) days of the presentation of the grievance at this step. The Personnel Director shall provide a written reply within ten (10) days of the date of the above meeting.

• Step V
  If a grievance is not resolved within seventy (70) days of the initiation of Step I (excluding documented extensions) and after having been fully processed through Step IV, it may be referred within fifteen (15) days of the Step IV answer by either party to binding arbitration in accordance with the Voluntary Rules of Labor Arbitration of the American Arbitration Association. The parties shall first attempt to select an arbitrator by mutual agreement. In the event that a Review Panel is formed by the Union to consider decisions by the Union's Grievance Committee to withdraw grievances, then the Union shall have an additional fifteen (15) days beyond the normal time period in which to submit the grievance to arbitration. The City must be notified before the 15th day after the Step IV answer is issued that an appeal has been filed with the Review Panel. Should the Review Panel reverse the decision of the Union's Grievance Committee, then the grievance must be submitted to arbitration within thirty (30) days of the Step IV answer.

This clause shall become effective when formal notification is given the City by the Union at least thirty (30) days prior to activation of the Review Panel.

Expedited Arbitration
The parties agree that any grievance concerning discharge or discipline which has been referred to binding arbitration pursuant to Step V of the grievance procedure, shall be subject to expedited arbitration in accordance with the following procedure:

1. The Union shall serve the City with written notice of its intent to arbitrate in accordance with the time limits set forth in the contract.
2. Any party objecting to utilization of the expedited procedure must make known its objections in writing within seven (7) days after the Union serves the City with notice of intent to arbitrate.
3. An arbitrator shall be selected from a panel of five (5) arbitrators mutually agreed upon by the parties. In order to be a member of the panel, an arbitrator must agree to be available for hearing within thirty (30) days of receipt of notification from either party. Arbitrators shall be selected seriatim from the list.
4. There shall be no briefs or transcripts unless mutually agreed upon by the parties.
5. The arbitrator shall issue his/her written award and opinion within fifteen (15) days after the record is closed.
6. Any arbitrator may be removed from the panel by either party with thirty (30) days notice to the arbitrator and the other party. In such event, however, the parties shall select a new panel member within ten (10) days of the date of the termination of any other panel member. The new arbitrator shall be placed in the same place on the list as the arbitrator whom she/he replaced.

Computing Time Limits
Saturdays, Sundays, holidays and other regularly scheduled days off shall be excluded from the computation of the time limits under this grievance and arbitration procedure.

Effect of Settlement
The disposition of a grievance at any step of the grievance procedure by agreement between the City and the Union shall be final and binding upon the employee, employees or persons who are involved or affected thereby. Any interpretation of this Agreement agreed upon by the City and the Union shall be final and binding upon all employees and upon any person affected thereby.

Authority of Arbitrator
The Arbitrator will make findings and render a decision to resolve the disagreement. The Arbitrator shall not have jurisdiction to add to, modify, vary, change or remove any terms of this Agreement. The scale of wages established by this Agreement shall not be changed by any arbitration decision.

Effects of Decision
The decision of the arbitrator shall be final and binding upon the City, the Union and the employees covered by this Agreement.

Retroactivity of Awards
Awards or settlements of grievances shall in no event be made retroactive beyond the date of the first occurrence of the grievance as documented by its presentation at Step I of this procedure except if the grievance concerns an error in compensation, the proper rate shall be applied retroactively to the date the error occurred. All claims for back wages shall be limited to the amount agreed to by the City and the Union or ordered by an arbitrator, as the case may be, less any unemployment compensation from other full-time employment that the aggrieved employee may have received from any source during the period for which back pay is claimed.

Expenses
The expenses of the arbitration process and the arbitrator's fee shall be borne equally by the parties.

Should the Union elect to proceed to arbitration, the Commission shall be notified and the Civil Service appeal dismissed. Where the Union elects not to go to arbitration, the Commission shall be notified and the appeal scheduled for a hearing.

Employees shall have the right to examine any documents contained in the file which relate to application for employment, appointments, wage and salary information, notices of commendation, notices of warning, admonition or discipline, authorizations for deductions, fringe benefit information, leave and attendance records, employment history with the City, dates of changes, retirement information, performance evaluations and physical medical records. If the employee desires to examine information such as the employment application which is not contained in the department personnel file but is contained in the central personnel file, he/she may request the same and it will be provided without undue delay.

The employee shall have the right to submit a written response to any negative documents but such response shall he confined to the specific issue(s) and must be a reasonable length.

The City shall not be required to provide documents concerning ongoing criminal investigations, documents prepared for civil service or grievance procedure hearings, medical records (other than those specified), letters of reference or material relating to plans for future operations.

1. The performance rating shall be issued to the employee by the rating officer.
2. The employee shall review the report with the rating officer and Union representative, if requested.
3. Thereafter, the employee, if he/she so requests, shall meet with the rating officer and the reviewing officer with his/her Union Representative, if requested.
4. The foregoing review shall be completed within fifteen (15) days of the employee's receipt of his/her performance report.

1. Require employees to complete basic reports to monitor and encourage productivity including but not limited to log books and trip sheets;
2. Control the scheduling of paid breaks.

The Committee shall consist of six (6) members, three (3) appointed by the Union and three (3) by the City. One representative of the Union and one representative of the City shall be designated as co-chairpersons of the Committee.

The Committee shall examine issues of labor management relations across City departments and shall also be authorized to examine and make recommendations concerning labor, management and productivity issues.

The parties further agree that the City may assign an employee within his/her classification on a temporary basis to another division or unit within his/her department, or to any other department, board or commission.

By December 31, 1984, the City agrees to issue a policy statement as to the commitment to provide employees interviewed for promotions to classes in the bargaining unit with information regarding the location and assignment of the positions available at that time.

Agreement to interview eligibles for vacancies in no way restricts management's right to change assignments and transfer employees between positions.

1. Effective April 1, 1995, there shall be a two (2%) percent increase in each step of each pay range of the District Council 47 pay plan.

2. Effective April 1, 1996, there shall be a three (3%) percent increase in each step of each pay range of the District Council 47 pay plan.

1. Longevity Schedule
   The longevity increment in effect on June 30, 1992 shall be discontinued and the following schedule established:

     Years of Service       Longevity
   
      After  5 years          $ 625
      After 10 years            825
      After 15 years           1025
      After 20 years           1225
      After 25 years           1425
      After 30 years           1625
      After 35 years           1825
      After 40 years           2025
      After 45 years           2225
   	

   Longevity payments shall not affect eligibility for cash overtime.

2. Longevity Schedule
   Longevity rates shall remain unchanged, except that the first bonus for employees shall be effective after five (5) years of service. No current employee shall forfeit his/her longevity step.

1. Non-Shift Workers - Clerical and Office. For clerical and office employees whose regular or normal work week is thirty-seven and one-half (37-1/2) to forty (40) hours performed during five working days, the above provisions as to payment of overtime rates shall apply. For those clerical and office employees who are regularly or normally scheduled to work less then thirty-seven and one-half (37-1/2) hours during the first five days of the work week, a total of forty (40) hours of work must be completed before the overtime rate for the sixth day worked shall apply, provided however, that such forty (40) hours shall not include time worked for which daily overtime has been earned. Time worked in excess of eight (8) hours in any work day shall be paid for at the rate of one and one-half (1-1/2) times the regular rate of pay, and all hours worked on the seventh day in the employee's work week shall be paid for at the rate of two (2) times the regular rate of pay.

2. Shift Employees. Employees working in shift operations are defined as being any employee or group of employees engaged in an operation for which there is regularly scheduled employment on Saturdays or Sundays, in which employment said employees participate on a fixed or rotating basis. For shift employees, the work week shall consist of forty (40) hours, five (5) days, eight (8) hours each, Monday to Sunday inclusive, except that for clerical and office employees the work week may be not less than thirty-seven and one-half (37-1/2) hours nor more than forty (40) hours. Overtime is to be compensated for on the following bases except as qualified:
   1. Overtime After Eight (8) Hours. Any work performed by an employee after completing eight (8) hours of work in any work shift at his regular rate of pay shall be considered overtime. The employee shall be paid one and one-half (1-1/2) times his regular rate of pay for such overtime.

   2. First Regularly Scheduled Day Off. Any work performed by an employee on his or her first regularly scheduled day off shall be overtime. The employee shall he paid one and one-half (1-1/2) times his regular rate of pay for such overtime.

   3. Second Regularly Scheduled Day Off. Any work performed by an employee on his or her second regularly scheduled day off, shall be considered overtime. The employee shall be paid two (2) times his regular rate of pay for such overtime.

1. The granting of any such compensatory time off shall be at the sole discretion of the appointing authority.

2. No employee may accumulate or have to his credit at any time eligibility under this section for compensatory time in excess of one hundred and twenty (120) hours, in addition to the compensatory time to which an employee may be entitled for work on a holiday and compensatory time granted in lieu of a holiday(s).

3. Any employee's accumulated eligibility for compensatory time other than for work on a holiday and compensatory time granted in lieu of a holiday(s) for which he has not been granted compensatory time off prior to fourteen (14) days before the date of his separation from service shall be canceled without compensation. Compensatory time to which an employee may be entitled for work on a holiday and compensatory time granted in lieu of a holiday(s) which he has theretofore utilized or been permitted to utilize shall be granted him during the fourteen (14) days immediately prior to his separation from service.

1. Limitation of Accumulated Compensatory Time. No employee under the provisions of Subsections 6.11512 of this Regulation, may accumulate or have to his credit at any time eligibility under this Section for compensatory time in excess of one hundred and twenty (120) hours, provided however, that the limitation of one hundred and twenty (120) hours shall not include any holiday compensatory time to which an employee may be entitled. Any employee's accumulated eligibility for compensatory hours for which he has not been granted compensatory time off prior to fourteen (14) days before the date of his separation from service other than by layoff shall be canceled without compensation, provided however, that holiday compensatory time to which an employee may be entitled and which he has not theretofore utilized or been permitted to utilize, shall be granted during the fourteen (14) days prior to his separation from service.

The same calculation will be used for employees in classes in the Executive and Professional Pay Range whose annual pay rate is higher than the maximum of Pay Rate of Pay Range EP 21.

Should the employee wish to exercise this option as described above, he/she shall make that decision known to his/her supervisor at the time the overtime assignment is made.

Compensation for standby time shall be at 1/2 the hourly rate in cash or in compensatory time according to the employee's preference.

The agreement is subject to the requirement that the overtime must be specifically approved by supervision.

Employees shall be permitted to use earned compensatory time during the last fourteen (14) calendar days of employment prior to separation. Supervisory approval of such leave request is required.

1. Each department shall establish departmental work site and shift volunteer overtime lists in the work location where the employees regularly work.

2. Employees on the overtime desired lists shall be selected in order of their seniority within each classification on a rotating basis.

3. If the voluntary overtime desired list does not provide sufficient volunteers, the department may require other departmental employees to work overtime. Said overtime shall be assigned on the basis of inverse seniority within each classification.

4. A departmental labor management committee comprised of equal numbers of management and union representatives shall, by majority vote, grant to individuals (upon application) temporary or permanent exemption from the assignment of mandatory overtime based on objective standards developed by the committee.

5. No full-time regular employee will be required to work overtime on more than four (4) of the employee's five (5) scheduled days, or work over ten (10) hours on a regularly scheduled day or over eight (8) hours on a non-scheduled day.

6. Notwithstanding this provision, individual employees shall retain the right to volunteer to work overtime to complete work assignments in progress, and the City may require overtime in cases affecting public health or safety.

1. Beginning with Fiscal Year 1993, the following shall be recognized holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, November Election Day, Veterans' Day, Thanksgiving Day and Christmas Day.

2. Beginning with Fiscal Year 1994, November Election Day will no longer be recognized as a holiday.

3. Beginning with Fiscal Year 1995, Veteran's Day will no longer be recognized as a holiday.

1. Two (2) weeks after six (6) months continuous service.
2. Three (3) weeks after five (5) years continuous service.
3. Four (4) weeks after ten (10) years continuous service.
4. Employees with more than sixteen (16) years of service shall earn vacation at the following rate:
   1. After 16 years- l 3/4 day/month or 21 days/year;
   2. After 17 years- 1 5/6 day/month or 22 days/year;
   3. After 18 years- 1 11/12 day/month or 23 days/year;
   4. After 19 years- 2 days/month or 24 days/year; and,
   5. After 20 years- 2 1/12 days/ month or 25 days/year.

The program shall be subject to the following rules:

1. Employees who are approved to receive such leave transfers must demonstrate need based upon a medically documented catastrophic illness.

2. Employees may only donate earned accrued vacation leave and must indicate such voluntary, irrevocable transfer in writing.

3. Leave may only be transferred in units of whole days, and may only be transferred between employees within the same department.

4. Employees receiving such transferred leave shall only be credited in accordance with the Civil Service Regulations governing maximum leave accrual.

5. If an employee who has received transferred leave separates from City service for any reason, there shall be no payment for unused transferred leave.

However, to the extent that the committee agrees to change such rules, it is empowered to do so.

No aspect of this benefit shall be subject to the grievance/arbitration process. Disputes between the appointing authority and the Union over selection of employees shall be referred to the Personnel Director. The Personnel Director's decision shall be final and binding on the parties.

1. The City may appoint up to twenty percent (20%) of the board of trustees for the Union's health and welfare funds ("Board of Trustees").

2. The Fund shall keep and maintain (or cause to be kept and maintained) all books and records relating to the Union's health and welfare programs, including any other health/medical arrangement under Union control which receives, directly or indirectly, any City financial contributions (hereinafter all referred to as "Fund"). City-appointed trustees shall have full and complete access to all books and records relating to the Fund.

3. The Fund shall be subject to annual audit to be conducted by an independent CPA firm selected by the Board of Trustees of the Fund. The City may also, at its own expense, select an independent CPA firm to conduct an annual audit of the Fund.

4. All funds paid to District Council 47 by the City under this Agreement shall be held in trust by District Council 47 subject to normal fiduciary standards and shall be applied only for the purpose of providing health and welfare benefits to members of District Council 47 and administrative costs.

1. Through adoption of a formal EAP (Employee Assistance Plan), a greater emphasis will be placed on early treatment of psychiatric disorders and substance abuse problems and outpatient, rather than inpatient care. It is expected that, by providing for inexpensive, accessible counseling and psychotherapy through an EAP, there will be an overall reduction in general medical utilization and sick time.

2. Effective October 1, 1992, the City shall contribute the sum of $5.00 per member per month to AFSCME District Council 47 for the purpose of continuing its Employee Assistance Program. Such contributions shall continue until June 30, 1994, provided, however, that in the event that the Union decides, in its sole discretion, to discontinue the existing Employee Assistance Program, then the City shall cease all contribution and, simultaneously, the City's contribution to the Legal Services Fund shall be increased to $10.00 per month until June 30, 1994.

1. An employee whose annual rate changes from one salary level category to another will be subject to limits of the new salary level category on the following July l.

2. If an employee chooses not to pick up the optional amount during one year of eligibility, he/she may pick up the option in later years to the total face value available, but he/she must pass a physical as established by the carrier company.

The Union shall release the City of any and all liability from any claims arising from provision of this benefit. Further, the Union shall indemnify the City against any and all claims from employees, insurance carriers and their agents, and any claimant against employees who participate in this insurance program.

Before implementation of this program, the City, the Union and the insurer(s) shall enter into a written agreement among these parties setting forth the rights, procedures and responsibilities of the parties.

The current sick leave policy shall be deemed to reckon occasions and violations for sick leave abuse purposes on a rolling twelve (12) month basis. Effective January 1, 1993, any employee placed on the "Excessive Use of Sick Leave List" shall not be paid for the first day of sick leave for the next four (4) occasions or the next twelve (12) months, whichever is shorter. The above is in addition to any other penalties already provided in the policy. A copy of the current sick leave policy is attached to this agreement as Appendix B.

1. An employee who, during the term of pregnancy, is incapacitated in any way as a result of the pregnancy will be considered eligible for sick leave in the same manner as any other incapacitating illness or injury.

2. In the period prior to delivery, sick leave may be used, with the approval of the appointing authority, upon the written recommendation of the employee's doctor that the employee can no longer work.

3. Without other justification, sick leave may be used from the time of delivery forward for four calendar weeks.

4. Additional sick leave may be utilized beyond the four-week post-partum period when:
   1. Certified by employee's physician, and
   2. Recommended by appointing authority, and
   3. Approved by Director.

1. Certificate Requirement - When the aggregate cost of training or education provided by the City exceeds $1,000 in a twelve (12) consecutive month period, employees represented by the Union shall be required to sign an agreement to repay such costs in full if the employee leaves City employment within one (l) year of the completion of such training or education. The repayment shall be on a pro-rated basis from the date of return to full duty for any such employee who leaves after one year and before completion of the two year obligation required by the Certificate of Agreement.

2. Required Training - When an Appointing Authority requires an employee to attend a training program, the employee will not be required to sign the Certificate of Agreement under the following conditions:
   1. The training program imparts skills or knowledge that is essential for the operation of a work unit or the department, especially as the Appointing Authority's mission or Charter driven responsibilities are effected.

   2. The Appointing Authority must demonstrate in writing to the Personnel Director, how the proposed training or education specifically effects the operation of the work unit or the fulfillment of the Appointing Authority's mission or Charter responsibilities. This documentation should include a request for exemption from signing the Certificate of Agreement.

      In all circumstances, a signed Certificate of Agreement shall be required for all programs, courses, workshops or seminars sponsored by academic institutions where academic credit is granted to employees.

3. Applicable Costs - For purposes of determining the aggregate costs the following expenses will be totaled: tuition, travel, food, lodging, books and related expenses.

Grievances concerning claims of sexual harassment will be processed with all possible speed and confidentiality. Every reasonable effort will be made to transfer the harasser, not the complainant, consistent with the severity of harassment and functional limitations of the job.

Nothing in the general or departmental manual shall conflict with this collective bargaining agreement nor shall departmental manuals supersede the general manual. The City and the Union shall meet and discuss on the provisions of the general and departmental manuals prior to their issuance. The manuals shall be made readily available to all employees and one copy to each steward.

1. The pension plan shall be amended to provide that pension credits for service after the first 20 years shall be at the rate of 2% of annual earnings for each year of credited service rather than l 1/2%; provided, further, that the present maximum of 80% of final average compensation shall be retained.

2. Ordinary non-service connected disability benefits shall be payable for all years of service rather than the present policy which contains a limitation of 20 years for a maximum of 50%.

3. An employee may purchase the additional period of coverage under the Municipal Pension System for the time that he/she served as a probationary employee and was not covered under such system. An employee electing to purchase such additional period of coverage shall be required to pay the contribution which would have been paid by him during such period along with the appropriate actuarial interest rates which were applicable during the intervening years between the time that such contributions would have been payable and the date or dates of actual payment of such contributions.

4. Revise the definition of "Average Final Compensation" of the Retirement System Ordinance to the annual average of the total compensation earned by an employee during the three (3) calendar or three (3) anniversary years, computed to include base pay, longevity and overtime payments only, ending on the last full pay period immediately prior to death or retirement.

5. Employees on Regulation 32 awaiting judicial decision shall continue to receive their pension pending said decision.

Any employee receiving any disability benefit including I.O.D., worker's compensation, or disability pension benefits must report income from outside employment. Employees receiving such disability benefits shall provide their federal tax returns in any form that the City may request for the years in which they receive such benefits.

Additionally, such employees shall not accrue any vacation time during the period of such injury or disability.

The City reserves the right to assign, transfer, or detail temporarily disabled employees who are returning from I.O.D. no duty time to limited duty to any City Department or agency to perform duties consistent with their ability to work.

Employees shall receive no more than one year of I.O.D. no duty time for each work-related incident causing work-related injuries. This period may be extended in six month increments at the discretion of the Department head. This provision does not change the current rules regarding duration of career I.O.D. benefit.

1. Partial - Employees determined to be partially and permanently disabled must make themselves available for placement in a secondary position. Employees awaiting such placement shall cooperate fully with placement efforts. While awaiting placement in a secondary position, employees shall receive disability salary in accordance with paragraph B., Temporary Disability. Employees who refuse to accept a secondary job must provide the City with reports from their physicians outlining their medical restrictions. The City reserves the right to then develop positions within those restrictions. Employees who are not placed in a secondary position within six months from the date the employee is determined to be partially and permanently disabled shall be separated from the City. However, management may extend this six month period at its discretion up to a limit of twelve months. Separated employees may then apply to the Pension Board for service connected disability benefits. Employees who receive such benefits under this provision shall have their benefit payment reduced based on any earned income according to this formula: one dollar in reduction for every three dollars in outside earnings (a "3 for 1 offset"). This offset shall continue for the duration of the disability benefit or until age 65, whichever is shorter.

2. Total - Employees determined to be totally disabled shall be immediately separated from City service and may apply for service connected disability retirement benefits. Employees who receive any earned income after being classified as totally disabled shall automatically be reclassified as partially disabled and be subject to the 3 for 1 offset outlined above.

   A totally disabled employee's final compensation for service connected disability retirement benefit purposes shall be adjusted annually in accordance with the following: final compensation shall be adjusted annually to reflect any percentage increase in the rates of pay in the preceding year for positions in the employee's class (the "annual adjustment"). The employee shall not be eligible for the annual adjustment until the seventh anniversary of the date of the employee's service-connected disability retirement. The employee's initial annual adjustment shall not include an adjustment for any increases given during the previous six years before the employee's seventh anniversary date. The annual adjustment shall cease upon the employees 65th birthday. Any employee who is determined to be totally disabled as defined above at the time of separation from City service and who receives earned income shall be automatically reclassified as not totally disabled and shall thereafter be forever ineligible for the annual adjustment set forth above. Any member receiving Social Security Disability Insurance Benefits shall be ineligible for the annual adjustment.

If an employee receives an award of Worker's Compensation disability benefits for a period for which he received sick time, the City shall receive a week for week credit against the award of Worker's Compensation for every week of sick leave provided. There shall be no such credit for vacation time.

Employees receiving a service connected disability benefit and any form of Worker's Compensation benefits from the City for the same period shall have their benefits offset. The current dollar for dollar offset for service connected disability benefits and Worker's Compensation disability benefits shall continue. Additionally, there shall be a dollar for dollar offset against an award of Worker's Compensation specific loss benefits for injuries arising from the same work-related incident as the one underlying the award of service connected disability retirement benefits.

Employees who receive such ordinary disability benefits under this provision shall have their benefit payment reduced based on any income received from outside employment according to the formula: one dollar in reduction for every two dollars in earned income. This offset shall cease when the employee reaches the minimum retirement age for their position and pension plan.

1. Members in alphabetical order;

2. Non-members in alphabetical order;

3. Unmatched (employees who for various reasons are not within l or 2 above during any particular week in the payroll year).