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23.8 No change in dental plan carrier, or level of benefits shall be made unless agreed to <br />by the Police Officers' Association. <br />23.9 The City agrees to continue to provide to employees an Employee Assistance <br />Program. It is agreed that such program shall not be an automatic substitution for <br />appropriate disciplinary action when such action is appropriate. <br />Section 24. Retirement Plan <br />24.1 The City shall continue to contract with the Public Employees' Retirement System to <br />provide retirement benefit programs for the term of this Memorandum of <br />Understanding. <br />24.2 The City's contract with PERS provides the 3% @ 50 retirement formula, fourth <br />level 1959 Survivors Benefit and the Military Service credit. <br />Section 25. Safety <br />The City shall conform with applicable safety regulations provided by State law to ensure the <br />employee reasonable safe working conditions. The Association agrees to encourage its members to <br />conduct themselves and use their equipment in a safe manner, to promptly report unsafe conditions <br />and equipment and to abide by the guidelines of the applicable City of San Leandro General Safety <br />Rules and applicable departmental rules. In the event an employee leaves the Police Department, <br />the employee shall return all City provided safety equipment to the Department. <br />Section 26. Injury on Duty <br />When an employee is incapable of performing work or duties as a result of injuries received or <br />illness arising in the course of employment by the City and receives benefits pursuant to the <br />Workers' Compensation Act, upon the sole discretion of the City Manager, the employee may be <br />granted a leave with an amount of pay equal to the difference between City pay and the Workers' <br />Compensation pay benefit, if any, received during such incapacity, but not to exceed one (1) year <br />for any one (1) period of such incapacity. <br />Leave granted an employee under the above provisions shall not be considered sick leave or <br />deducted from accumulated sick leave. <br />When an employee has been injured in the line of duty and receives compensation in accordance <br />with the provisions of any Workers' Compensation Act of the State of California, the Human <br />Resources Director shall have submitted to him or her reports on the forms and in the manner <br />prescribed. <br />Section 27. Modified Duty <br />When an employee cannot perform the full range of duties of the classification as a result of an <br />industrial injury as defined by the Workers' Compensation Act, such employee may be assigned <br />modified duty if reasonable accommodation can be made. Modified duty may be assigned after <br />medical release by a City designated physician, which indicates the employee's work restrictions. <br />19 <br />