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Section 4. Section 125 Flexible Spending Account. The City shall continue to maintain <br /> a Section 125 Flexible Spending Account plan for purposes of allowing employees to make <br /> contributions for unreimbursed medical and dependent care expenses and premium costs for <br /> city provided health insurance as authorized by 125 of the Internal Revenue Code. <br /> Section 5. Those employees under the age of 65 years who retired after May 1, 1981, <br /> and who enrolled, on October 31, 1990, in the group plan established by the Union, and those <br /> employees who retire after November 1, 1990, and those employees who are or have been <br /> placed on disability pension pursuant to State statute on or after November 1, 1990, shall be <br /> entitled to belong to the employee and dependent medical, major medical and hospital <br /> insurance programs provided for employees under the provisions of this Agreement, provided <br /> that such retired or disabled employees pay the entire premium for such insurance. Such <br /> employees must notify the City in writing of their intention to exercise the option provided for <br /> herein not later than (a) November 10, 1990, or (b) ten (10) days after retirement or approval of <br /> a disability pension, whichever date is later. <br /> ARTICLE 17 <br /> WORK RULES AND CONDITIONS <br /> Section 1. The City and the Union agree to use their best efforts to make safe working <br /> conditions for fire fighters to reduce injuries and death. <br /> In order to promote safety and as far as is practicable to eliminate accidents, injuries, <br /> and death in the fire service, the City and the Union hereby agree that a safety committee shall <br /> be formed and shall be comprised of one representative from management and one <br /> representative from each battalion selection by the Union. <br /> This committee shall meet at least quarterly to identify, discuss and make <br /> recommendations concerning health and safety conditions, accidents, protective devices and <br /> clothing, equipment and any other work hazards or unsafe working conditions. <br /> The City shall permit committee members reasonable access to any fire department <br /> facility or department records when investigating health or safety conditions, unless prohibited <br /> by law or exigent operational circumstances. <br /> Section 2. The City may adopt reasonable rules not in conflict with the provisions of this <br /> Memorandum for the Operations of the Department and the conduct of the employees in the <br /> classified fire fighting service to encourage and maintain the proper and efficient operation <br /> thereof. The City shall promptly provide the Union with a written copy of any rule change so <br /> made. <br /> Section 3. Immediately upon discovering that an employee in the classified fire fighting <br /> service is unable to report for duty and not later than the shift starting time, such employee's <br /> supervisor shall be notified of the absence from duty of such employee. This provision shall not <br /> be interpreted as condoning repeated absences from duty and evidence of justifiable cause for <br /> any absence may be required to be furnished by the employee. <br /> In the absence of extenuating circumstances an employee whose supervisor is not to <br /> notified within two duty days after the day on which the employee was first scheduled to report <br /> 21 <br />