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2 <br /> <br />occurring as a result of any dispute between an employee represented by IAFF #46 and the <br />disability insurance carrier. <br />4. Both IAFF #46 and the City have participated in the drafting of this Letter of Understanding. As <br />such, it is agreed by the parties that the general contract rule of law that ambiguities in the <br />contract language shall be construed against the drafter of a contract shall have no application to <br />any legal proceeding, arbitration and/or action in which this contract and its terms and conditions <br />are being interpreted and/or enforced. <br />5. Employees may remain on the 60/40 plan for a maximum of 120 days in a rolling calendar year. <br />In order to be eligible for the 60/40 plan the employee must apply for the union-sponsored long <br />term disability benefit and notify Human Resources within 45 days of their last day worked <br />and/or the first day of leave. If employees are accessing the 60/40 plan they must utilize the <br />benefit within six months from their last day worked and/or their first day of leave. <br /> <br />6. The Letter of Understanding shall be effective as of January 1, 2023. <br /> <br /> <br />City of Everett Everett Firefighters IAFF Local #46 <br /> <br />___________________________ ___________________________ <br />David DeMarco, Fire Chief Paul Gagnon, President <br /> <br />___________________________ ____________________________ <br />Kandy Bartlett, Human Resources Director <br /> <br /> <br /> <br /> <br />