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13 <br /> <br />have completed twenty (20) or more years of continuous service with the EMPLOYER <br />and who leave in good standing, will receive 50% of unused, accumulat ed sick leave <br />upon their separation. To qualify for this benefit an employee must have an established <br />sick leave bank resulting from the conversion to the PTO program. (Refer to Article XXIX <br />section 19.1.) Any benefit paid under this Article shall be paid into the employee's Post- <br />Employment Health Care Savings Plan (Refer to Article XXX (section 30.4). <br />ARTICLE XXVIII — WAIVER <br />28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations <br />regarding terms and conditions of employm ent, to the extent inconsistent with <br />the provisions of this AGREEMENT, are hereby superseded. <br />28.2 The parties mutually acknowledge that during the negotiations which resulted in this <br />AGREEMENT, each had the unlimited right and opportunity to make demands and <br />proposals with respect to any term or condition of employment not removed by law <br />from bargaining. All agreements and understandings arrived at by the parties are set <br />forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. <br />The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to <br />meet and negotiate regarding any and all terms and conditions of employment referred <br />to or covered in this AGREEMENT, or with respect to any term or condition of <br />employment not specifically referred to or covered by this AGREEMENT, even though <br />such terms or conditions may not have been within the knowledge or contemplation of <br />either or both parties at the time this contract was negotiated or executed. <br /> <br />ARTICLE XXIX — CENTRAL PENSION FUND <br />The EMPLOYER and the UNION agree that an amount designated herein that would otherwise <br />be paid in salary or wages will be contributed instead to the Central Pension Fund (CPF) as <br />pretax employer contributions. A pension contrib ution of ninety-six cents ($0.96) per hour will be <br />made for each employee, for a maximum of two thousand eighty hours (2080) per calendar <br />year. The hourly contribution rate will be applied to every hour compensated (ie. Hours worked, <br />PTO, and holidays) except for overtime hours worked. The EMPLOYER shall deduct seventy- <br />six dollars and eighty cents ($76.80) every eight (80) hour pay period. <br />The EMPLOYER shall pay this contribution directly to the IUOE Central Pension Fund. The <br />UNION agrees to indemnify and hold the EMPLOYER, its Officers, Agents, and employees <br />harmless against any claims, suits, orders or judgments, brought against the EMPLOYER as a <br />result of any action taken or not taken by the EMPLOYER on the specific provisions of this <br />Article. This "hold harmless" clause does not hold the EMPLOYER harmless for failing to <br />transfer the agreed contributions to the IUOE Central Pension Fund. <br />It is agreed that for purposes of determining future wage rates, the EMPLOYER shall first <br />restore the amount of the wage reduction, which is currently the CPF contribution rate of $0.96 <br />per hour, then apply the applicable wage multiplier, then reduce the revised wage by the CPF <br />contribution rate. It is further agreed that for purposes of calculating overtime compensation th e <br />EMPLOYER shall first restore the amount of the wage reduction ($0.96/ hr.) then apply the <br />applicable 1.5 or 2.0 wage multiplier required under the Fair Labor Standards Act and the <br />collective bargaining agreement, then pay the resulting amount for overtim e worked.