Equalization If at any time any Lender receives any amount hereunder (whether by voluntary payment, by realization upon security, by the exercise of the right of setoff or banker’s lien, by counterclaim or cross action, by the enforcement of any right under the Loan Documents, or otherwise) that is applicable to the payment of the principal of, or interest on, the Loans (other than Swing Loans), LC Participations, Swing Loan Participations or Fees (other than Fees that are intended to be paid solely to the Administrative Agent or an LC Issuer and amounts payable to a Lender under Article III), of a sum that with respect to the related sum or sums received by other Lenders is in a greater proportion than the total of such Obligation then owed and due to such Lender bears to the total of such Obligation then owed and due to all of the Lenders immediately prior to such receipt, then such Lender receiving such excess payment shall purchase for cash without recourse or warranty from the other Lenders an interest in the Obligations to such Lenders in such amount as shall result in a proportional participation by all of the Lenders in such amount.
Overtime Equalization The assignment of overtime shall be reasonably equalized within classifications. The normal maximum hours officers will be scheduled is (15) fifteen hours. Upon field training competition, probationary officers will begin their total overtime hours on the overtime equalization chart at the average of all members within the officer classification. An overtime equalization chart shall be maintained within the department. The chart shall list all overtime offers and each officer’s declined and accepted hours for each particular offer. Each time an officer is offered overtime, the number of overtime hours worked, or the number of hours declined, will be credited to officer’s chart. The overtime equalization chart shall be posted monthly.
Tax Equalization In the event of Executive's relocation, the Company and Executive will cooperate in good faith to agree on such adjustments to Executive's compensation and benefits package as are appropriate to provide consistent after-tax income to Executive equivalent to that of a person receiving Executive's pay and benefits taxable under the terms of the U.S. Internal Revenue Code, while also acting in the best interests of the Company.
Accrual Rate Compensatory time for employees will accrue at the rate of one and one-half hours for each one hour of overtime worked.
Equalization of Overtime (a) Subject to the provisions of this Section, overtime worked shall be divided as equally as possible among the employees who normally perform the work in the Department where the work is to be accomplished and within their job classification. The goal of distributing overtime as equally as possible refers to overtime distribution within a crew on an annual basis. Crew Leaders and Plant Operations Shift Coordinators shall keep daily logs and once per week update the weekly overtime sheet. Based on this update, a new weekly overtime list will be prepared and distributed on Fridays. The employer is not required to break works in progress for the purpose of equalizing distribution of overtime. For Monday through Friday crews, overtime occurring as an extension of the shift may be assigned based on agreement of the crew. Provided, however, on the Utility Worker-Fuel Handler Crew, the Commission shall not be required to break works in progress if the Crew Leader determines that the overtime is not likely to last more than three (3) hours. An employee transferring between departments will be considered to have overtime equal to the highest employee doing the same work on the date the transfer was effective. When an employee has been so excused, notation shall be made on the overtime records that the employee has been offered and has refused the number of hours which would have been worked, and those hours shall be considered as "hours worked" in the future distribution of overtime.
(b) In selecting employees for scheduling or planned overtime the Commission will excuse employees who do not want the assignment, provided the required number of qualified employees are available. The option of the employees to turn down assignment to scheduled or planned overtime, provided there is enough qualified employees available, is not intended to apply to emergency overtime.
(c) When additional help is needed beyond the number desiring the assignment, the additional assignments will be made in inverse order of the amount of overtime worked. Employees in this instance, must make themselves promptly available for work.
(d) The following definitions shall apply for the purpose of assignment of overtime is concerned:
1) Scheduled or planned overtime shall mean work for which at least 24 hours notice has been given.
2) Emergency overtime shall mean work for which, if not accomplished, will interfere with the Commission's obligation to provide continuous operations for the health and safety of the general public. Employees do not have the option to turn down an assignment to emergency overtime.
(e) Additional provisions relating to firing line:
1) A firing line worker will be considered to be on vacation, and thus not normally subject to call to fill an overtime shift, only if approved vacation, compensatory time or personal day brackets the beginning or end of scheduled days off.
2) A firing line relief person may have his/her work schedule changed at any time to cover a shift.
3) On the firing line, in the absence of a relief person, it is the responsibility of the qualified person in the classification who is lowest in overtime hours and is scheduled off to cover the uncovered shift when such shift does not interfere with his/her normal shift.
(f) An employee returning from extended sick leave of more than 30 working days shall have their overtime hours adjusted to match the low employee in overtime on the crew, or maintain present number of hours, if not low.