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22 SLPOA MOU January 1, 2023 – June 30, 2028 25.3 Tier Two: For employees hired on or after January 1, 2013 and classified as “new” members of CalPERS as defined by Public Employee Pension Reform Act (PEPRA), the City shall maintain a contract with CalPERS for the provision of a 2.7% @ 57 (highest 36 months) retirement benefit formula. Also pursuant to PEPRA, these employees are responsible for paying one-half of the normal cost of this retirement plan and subject to the reportable annual compensation limit per Government Code Section 7522.10. Section 26. Safety The City shall conform with applicable safety regulations provided by State law to ensure the employee reasonable safe working conditions. The Association agrees to encourage its members to conduct themselves and use their equipment in a safe manner, to promptly report unsafe conditions and equipment and to abide by the guidelines of the applicable City of San Leandro General Safety Rules and applicable departmental rules. In the event an employee leaves the Police Department, the employee shall return all City provided safety equipment to the Department. Section 27. Injury on Duty When an employee is incapable of performing work or duties as a result of injuries received or illness arising in the course of employment by the City and receives benefits pursuant to the Workers' Compensation Act, upon the sole discretion of the City Manager, the employee may be granted a leave with an amount of pay equal to the difference between City pay and the Workers' Compensation pay benefit, if any, received during such incapacity, but not to exceed one (1) year for any one (1) period of such incapacity. Leave granted to an employee under the above provisions shall not be considered sick leave or deducted from accumulated sick leave. When an employee has been injured in the line of duty and receives compensation in accordance with the provisions of any Workers' Compensation Act of the State of California, Human Resources shall have submitted to them reports on the forms and in the manner prescribed. Section 28. Modified Duty When an employee cannot perform the full range of duties of the classification as a result of an industrial injury as defined by the Workers' Compensation Act, such employee may be assigned modified duty if reasonable accommodation can be made. Modified duty may be assigned after medical release by a City designated physician, which indicates the employee's work restrictions. Section 29. Outside Work No employee represented by the San Leandro Police Officers' Association shall engage in gainful occupation outside a City position which is incompatible with City employment, or which is of such nature that it would tend to embarrass, be a conflict of interest, or discredit the Police Department or the City in general. The nature of the employment or the amount of time that an employee can spend at a second job cannot be such that it will hinder or prevent effective performance of City duties. Any employee who wishes to engage in or accept such employment may do so only after a written request has been submitted through channels to and approved by the Police Chief.