(a) Generally. The amount of any retirement benefit earned by a participant with respect to credited service before the participant's date of reemployment is not affected by the participant's credited service or annual basic pay on or after the participant's date of reemployment.
(b) Reduction of benefits. Except as provided in subsection (c) or (d), whenever a retired participant is employed or reemployed by an employer, the employee's retirement benefit shall be reduced by $1.00 for every $2.00 earned by the employee. On termination of reemployment, the retirement benefit amount shall include any new retirement benefit earned based on credited service and annual basic pay during the period of reemployment. Any retirement benefit earned during the period of reemployment may be subject to different early retirement reduction factors and optional forms of payments than the prior benefit.
(c) When benefits not reduced.
(1) Except as provided in § 5-1-515, a participant's retirement benefit may not be reduced if:
(i) the employee is retired from the County as a classified employee and is reemployed by the County as:
1. an exempt employee under § 802(a)(14) of the Charter, but only for the first 1,500 hours worked in a calendar year;
2. an exempt employee under § 802(a)(17) of the Charter;
3. an employee of the Sheriff in a position that requires the employee to be certified as a Police Officer by the Police Training Commission if the employee was certified as a Police Officer by the Police Training Commission at the time the employee retired; or
4. an employee of the State's Attorney in a position that requires the employee to be certified as a Police Officer by the Police Training Commission if the employee was certified as a Police Officer by the Police Training Commission at the time the employee retired; or
(ii) the employee retired from the County as an exempt employee under §§ 6-2-101, 6-2-104, or 6-2-105 of this Code in a position that is not exempt from the provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 207 et seq. and is reemployed by the County as an exempt employee under § 802(a)(14) of the Charter, but only for the first 1,500 hours worked in a calendar year.
(2) An employee under subsection (c)(1) does not accrue a new pension benefit during the period of reemployment.
(d) Disability benefits terminated. Whenever a disabled participant is reemployed by an employer, disability retirement pension benefits shall be terminated. When the employee reaches the employee's normal retirement date or early retirement date, as applicable, the benefit amount shall be based on credited service and annual basic pay during all periods of employment. Credited service may not be granted for the period of disability. The employee is subject to all plan requirements for vesting and retirement eligibility.
(1985 Code, Art. 7, § 1-203) (Bill No. 90-01; Bill No. 66-05; Bill No. 78-17; Bill No. 100-21)