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And the finale:

SECTION 3. NOTICE FOR RETIREMENT

Any qualified employee wishing to be placed on normal service connected pension will be required to give written notice to the Chief of Department no less than thirty (30) days in advance of the date of retirement.

SECTION 4. BENEFIT IMPROVEMENTS

a. Military Buy Back after 20 years of service at Actuarial Value.

b. 1% for each additional year of service between 20 and 30 to a maximum pension of 60% in lieu of 25 to 30 years at 2% to 60% maximum.

c. Full Escalator at 20 years of service instead of 25 years.

d. 66⅔ % Disability Pension for all Heart, Respiratory, and Cancer disabilities and a Social Security qualified disability at time of pension application. For the Social Security Qualified Disability Pension, if the employee is not qualified at the time of retirement, but has an application filed with the Social Security Administration before his or her retirement, then the employee shall be placed on a 50% pension, or at a rate computed with the employees service time, whichever is greater, and at the time of qualification by the Social Security Administration, the employee’s pension shall be increased from the amount being received to 66 ⅔% and the employee shall receive the difference between the amount received and 66 ⅔% retroactive to the date of placement on the pension roll. All other types of service disability applications re-ceived after July 1, 1989 will be at 50% or at a rate computed with the employees service time, whichever is greater. Employees who are entitled to a pension percen-tage higher than 66⅔ % based upon their creditable service shall receive the higher amount.

SECTION 5 PENSION - SECTION II

Section II of the firefighters’ pension shall apply to all employees hired after May 28,

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1992, Section II of the pension plan shall include, and the current pension ordinances of the City shall be modified, to reflect the following concepts:

• Non-Service related disability - same as Section I

• Widows and survivors benefits - same as Section I

• Income Offset - same as Section I

• Retirement after 20 years - 50%

• Retirement after 30 years – 75% (2% per year from 21 to year 25, and 3% per year from 26 and 30 years of service not to exceed 75% total.

• No smoking as a condition of employment

• Mandatory physical fitness program for all employees hired after May 28, 1992

• Age at hiring - no less than 21 years of age and no greater than 30 years of age

• Pension benefit based on the last three years of service. Effective January 1, 2005, pension benefits will be based upon the last year of service, which benefits shall be calculated by using daily pro-ration.

• Any employee retiring between July 1, 2005, and September 18, 2005, shall have his or her pension calculated at 50% of creditable income for 20 years of service plus 3% for each year of service between years 21 and 30 to a maximum of 80% (pro-rated daily for partial years of service). After September 18, 2005, no employee shall retire at a percentage higher than 75%.

• COLA capped at 3% annually

• 66⅔% for job-related disabilities of heart, lung, cancer and Social Security qualified disabilities in the same manner as prescribed in Section 4 (d) above.

• Conclusive presumption language as in the present collective bargaining agreement

• Funding for Section II Pension shall be 1/3 of the cost by the employee and 2/3 by the City. The initial contribution is expected to be 11% by the employee and 22% by the City.

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ARTICLE XV

SECTION 1. NO STRIKE CLAUSE

In consideration of the right of employees covered by this Agreement to a resolution of disputed questions, in accordance with past practices within the Fire Department, and other benefits conferred by this Agreement, Local 2748, for itself and for all employees covered by this Agreement hereby agrees that no employee covered by this Agreement shall have any right to engage in any work stoppage, slowdown or strike and that if any unauthorized or wildcat work stoppage, slowdown or strike shall take place, it will immediately notify such employees so engaging in such unauthorized activities to cease and desist and shall publicly declare that such work stoppage, slowdown or strike is illegal and unauthorized. Any employee engaging in any strike shall be subject to immediate dismissal by the City without any right to any of the benefits provided for under this Agreement.

ARTICLE XVI

SECTION 1. LAYOFF OF EMPLOYEES

In the event that the City, at any time during the term hereof, lays off employees covered by this Agreement, the same shall be done on a strict seniority basis; that is, the last employee hired in the bargaining unit (including probationary employees) shall be the first employee to be laid off and so on until the number required to be laid off has been met.

ARTICLE XVII

Miscellaneous Provisions:

1) Effective on July 1, 1999, the City and the union agree to the following:

• There shall be established a Training Division. The head of this Division shall hold the rank of Deputy Chief of Training. In the event that no Fire Battalion Chief applies for the position of Deputy Chief of Training, that position will be open to applicants from the rank of Fire Captain.

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• Due to added duties and responsibilities, the current Deputy Chief of the De-partment will now be the Assistant Fire Chief. The Assistant Fire Chief will not be a member of the collective bargaining unit. The position of Deputy Chief of Training shall be in the collective bargaining unit.

2) A Committee shall be created consisting of the Fire Chief (or designee), the Union President (or designee), the Council President (or designee), the Finance Director (or designee), the DPW Automotive Chief, and one member of the public appointed by the Mayor. The purpose of this committee will be to conduct a study of fire appa-ratus replacement issues. This committee will submit a report on the study to the Mayor and City Council no later than March 26, 2006.

3) The City agrees to submit legislation to the City Council which would change the City’s Ordinances to reflect that any employee retiring between July 1, 2005, and September 18, 2005, inclusive, shall have his or her pension calculated at 50% of creditable income for 20 years of service plus 3% for each year of service between years 21 and 30 to a maximum of 80% (pro-rated daily for partial years of service). After September 18, 2005, no employee shall retire at a percentage higher than 75%.

ARTICLE XVIII

SECTION 1. DURATION OF THIS AGREEMENT

Duration of this agreement shall be for a term of thirty six months commencing on the first (1st) day of July, AD 2006 and ending on the thirtieth (30th) day of June, AD 2009.

In the event a new contract is not executed prior to the expiration of this Agreement, this Agreement and all of its terms and conditions will remain in full force and effect until a new written contract is executed; provided, however, that the foregoing shall not prohibit any provision in a new contract from being retroactive to the first (1st) day of July, AD 2009.

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IN WITNESS WHEREOF, the City of Warwick has caused this instrument to be executed and its corporate seal to be affixed by Scott Avedisian, its Mayor, as of the day and year first above written, and the said Local 2748 has caused this instrument to be signed by its President, and its Secretary respectively thereunto duly authorized, as of the day and year first above written.

In the presence of:

CITY OF WARWICK

_________________________ _____________________________

WITNESS MAYOR

LOCAL 2748, INTERNATIONAL

ASSOCIATION OF FIRE FIGHTERS

AFL-CIO

_________________________ _____________________________

WITNESS PRESIDENT

_____________________________

VICE

From: Mayor touts city's financial position

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