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The parties agree that the agreed upon amount that would otherwise be paid in salary or <br />wages will be contributed instead to the CPF as pre-tax employer contributions. <br />Contributions from the city will not be funded from any other source other than this wage <br />reduction. <br /> <br />Effective October 2, 2016, the contribution rate equals $0.25 per straight time hour paid <br />(including sick, vacation, and compensatory time). The employer shall pay the <br />contribution directly to the IUOE Central Pension Fund, 4115 Chesapeake Street NW, <br />Washington, DC 20016. Authorization to change the contribution rate shall be subject to <br />approval of a majority vote of all employees and cannot be changed more than once per <br />calendar year. Maximum annual contribution limit set forth under Minnesota Statute § <br />356.24, subd. 1(10), as amended, is $5,000.00. <br /> <br />The 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 <br />a 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 /> <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 <br />$0.25 per hour, (effective October 2, 2016) then apply the applicable wage multiplier, <br />then reduce the revised wage by the CPF contribution rate. <br /> <br />For purposes of calculating overtime compensation the employer shall first restore the <br />amount of the wage reduction ($0.25/hr.) then apply the applicable wage multiplier <br />required under the Fair Labor Standards Act and the collective bargaining agreement, <br />then pay the resulting amount for overtime worked. <br /> <br />The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the <br />governing documents. <br /> <br /> <br />ARTICLE 31 – WAIVER <br />Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms <br />and conditions of employment to the extent inconsistent with the provisions of this <br />agreement are hereby superseded. The parties mutually acknowledge that during the <br />negotiations that resulted in this agreement, each had the unlimited right and opportunity <br />to make demands and proposals with respect to any term or condition of employment not <br />removed by law from bargaining. All agreements and understandings arrived at by the <br />parties are set forth in writing in this agreement for the stipulated duration of this <br />agreement. The employer and the union each voluntarily and unqualifiedly waives the <br />right, and agrees that the other shall not be obligated to meet and negotiate regarding any <br />and all terms and conditions of employment referred to or covered or not specifically <br />referred to or covered in this agreement even though such terms and/or conditions may or <br />may not have been within the knowledge or contemplation of either or both parties at the <br />time this contract was negotiated or executed. <br /> <br />18 <br /> <br /> <br />