The Board of Trustees shall, upon the request of any employee entitled to the benefits of this subchapter, or when it may determine at its discretion to retire any employee entitled to the benefits hereof, may retire from active service and establish an emeritus employment status for the employee under the following conditions:
(A) When the employee is over the age of 60 years and has been continuously employed as an employee of the Town of Clayton for at least 10 years, the last 5 consecutive years of which are served immediately prior to the date of being placed in such status, the employee may, at the discretion of the Board of Trustees, be placed on emeritus employment status; when the employee attains age 65 he or she will be placed on emeritus employment status; provided that an employee whose employment is interrupted for reasons other than disability, when the interruption is longer than 1 year, shall be permitted to credit the number of years he or she was employed prior to the interruption in qualifying him or her under the plan but the number of years of interruption shall be deducted from the total number of years of employment, and provided further that if there is more than 1 such period of interruption, the employee shall be given credit for the longest period of employment prior to any such periods of interruption and the longest period of interruption shall be deducted from the total number of years of employment so computed; separations from employment by reason of military service in the Armed Forces of the United States shall not be construed as an interruption, provided that the employee returns to service within 90 days of the date of his or her discharge from the military service.
(B) Anyone in emeritus employment shall be subject to the direction of the Board of Trustees of the Town of Clayton, and may, by the Board, be required to perform services for the municipality as he or she may be physically qualified to perform.
(C) (1) When any person, who has continuously served as a regular full-time employee of the town for 20 years or more, is placed on an emeritus employment status as herein provided, he or she shall be entitled to receive annually for the remainder of his or her natural life, and beginning at the date of the emeritus employment status, 60% of the average annual salary paid to him or her on account of his or her employment during the 5 years of full-time employment at full-time salary next preceding the date of retirement; provided, that the minimum amount to which the emeritus employee shall be entitled shall be the sum of $20 and the maximum amount shall be the sum of $1,500 per annum; provided that in no case shall an emeritus employee receive more as such than he or she received as a full-time employee.
(2) An emeritus employee who has served 10 years or more but less than 20 years as a regular full-time employee shall be entitled to receive annually for the remainder of his or her natural life such proportion of 60% of his or her average salary for the past 5 years as his or her years of service bears to 20 years. In such cases, this same proportion shall apply in computing the minimum or maximum amount as hereinbefore set forth to which he or she shall be entitled. The sum shall be paid to the emeritus employee in monthly installments as may be determined by the Board of Trustees.
(D) The Board of Trustees of the town may retire from the service any regular full-time employee when the person is totally disabled from continuing his or her profession as shall be determined by a certificate of medical examiners appointed by the Board of Trustees, provided the person has been employed as a regular full-time employee for not less than 5 years. When any person is so placed on emeritus employment status, he or she shall be entitled to receive during the period of his or her total disability, an allowance as provided herein but determined upon the ratio which his or her years of service on regular full-time employment bears to 20 years.
(Ord. 341, passed 3-28-1951)