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executive position under the Fair Labor Standards Act (FLSA) and the Minnesota Fair <br />Labor Standards Act (MFLSA) and, in accordance with those laws, shall not be subject to <br />the payment of premium compensation, or to receiving compensatory time, for overtime. <br />3.2.Performance Measurement Incentive Compensation. Employee will be <br />eligible to fully participa <br />-based compensation earned by <br />eligible employees (those currently employed who are in good standing) in accordance <br />with the terms and conditions and incentive achievement formulae adopted annually by the <br />Utilities Commission and set forth in a UPMIC document. To be eligible to receive an <br />award under UPMIC if one is achieved, the Employee must remain employed by the <br />Utilities at the time such award is to be made. <br />4.Employee Benefits <br />will be entitled to participate in all retirement savings plans, health or other insurance plans, <br />and other employee benefits and policies made available by the Utilities to its employees <br />generally,as they may be changed from time to time.Such retirement plans include, <br />specifically, the Public Employees Retirement Association (PERA). The Utilities shall make <br />contributions to a retirement plan account established for Employee in PERA as prescribed <br />by law and in accordance with the terms and conditions of such PERA retirement plan. <br />Other such benefits and policies include paid sick leave and paid holidays; but Employee will receive <br />paid Vacation pursuant to this Agreement as set forth below notwithstanding the paid vacation benefit <br />otherwise provided for Utilities employees generally. Employee acknowledges and agrees that <br />the Utilities is under no obligation to Employee to establish and maintain any employee <br />benefit plan in which Employee may participate, and that the terms and provisions of any <br />employee benefit plan of the Utilities are matters within the exclusive province of the <br />employment, Employee will be entitled to continue those benefits as to which continuation <br />is required by state or federal law. <br />Vacation and Holidays. The Utilities agrees that Employee will be entitled topaid <br />time vacation timeof up tofive weeks per year without reduction of the minimum annual <br />base salary payable to Employee pursuant to Section 3.1 of this Agreement. All terms and <br />conditions for paid vacation other than the amount available annually (which is as set forth <br />in this paragraph) including terms for annual carryover of vacation time and for pay out of <br />such time upon the end of employment will be as otherwise applicable to all Utilities <br />employees. <br />Professional and Civic Dues, Fees, and Expenses.The Utilities shall pay for <br />attendance at professional and civic organizations and events and conferences reasonably <br />require that the Utilities Commission approve such dues, fees, and expenses in advance of <br />their being incurred. <br />Page 2of15 <br />68 <br />