Effect of Changes in Law. (Other than PERS Litigation). In the event that the City’s payment of a six percent (6%) employee contribution must be discontinued due to a change in law, valid ballot measure, constitutional amendment, or final, non- appealable judgment from a court of competent jurisdiction (other than in the PERS Litigation), the City shall increase by six percent (6%) the base salary rates for each classification in the salary schedules in lieu of the six percent pick up. This transition shall be done in a manner to assure continuous payment of either the six percent (6%) contribution or a six percent (6%) salary increase. For the reasons indicated above, or by mutual agreement, if the City ceases paying the applicable six percent (6%) pickup and instead provides a salary increase for eligible bargaining unit employees during the term of the Agreement, and bargaining unit employees are able, under then-existing law, to make their own six percent (6%) contributions to their PERS account or the Individual Account Program account, as applicable, such employees’ contributions shall be treated as “pre-tax” contributions pursuant to Internal Revenue Code, Section 414(h)(2).
Effect of Changes in Law. In the event that the City’s payment of a six percent (6%) employee contribution under Section 1, as applicable, must be discontinued due to a change in law, valid ballot measure, constitutional amendment, or a final, non-appealable judgment from a court of competent jurisdiction, The City shall increase by six percent (6%) the base salary for each classification in the salary schedules in lieu of the pick-up. This transition shall be done in a manner to assure continuous payment of either the pick-up contribution or a six percent (6%) salary increase. For the reasons indicated above, or by mutual agreement, if the City ceases paying the applicable pickup and instead provides a salary increase for eligible bargaining unit employees during the term of the Agreement, and bargaining unit employees are able, under the existing law, to make their own six percent (6%) contributions to their PERS account or the Individual Account Program account, as applicable, such employees’ contributions shall be treated as “pre- tax” contributions pursuant to Internal Revenue Code, Section 414 (h)(2).
Effect of Changes in Law. Google will be able to take advantage of any future legislative change(s), such as legislation allowing the use of orphan works (if enacted), that put Google at a competitive disadvantage in its use of Books in any Google Products and Services that are subject to this Amended Settlement Agreement; provided, however, that Google may choose to receive the benefit of such change(s) only if a third party is actually taking advantage of such law(s) in connection with services that competitively disadvantage Google in its provision of any such Google Products and Services; provided, further, that no changes in the “fair use” doctrine as codified in Section 107 of the Copyright Act shall trigger this Section 3.8 (Effect of Changes in Law).
