(A) Credit for prior service.
(1) Each person becoming a member on 7-23-1964 shall be entitled to full credit for service rendered as a civil service employee prior to such date, providing regular payments have been made to the pension fund during the prior service. Each person becoming a member after 7-23-1964 shall be entitled to credit after such date; provided, contributions are made for all such periods of absence and subsequent service.
(2) The following types of service are eligible for service credit:
(a) Service as a full-time employee of the city;
(b) Service in another capacity of the city, the state or the federal government, while on approved leave of absence from the city, subject to a maximum credit for such service on one year; and
(c) Service in any branch of the armed forces of the United States during a period of national emergency while on leave of absence from the city; provided that:
1. Such leave of absence service does not exceed five years; and
2. Such member re-enters the service of the city within a period of six months following the date of honorable discharge from such service.
(B) Computation of service credit. In the computation of service credit, nine months or more of service during a year entitles a member to one year of service, six to nine months of service constitutes three-quarters of a year, three to six months, one-half year, and less than three months, one-quarter of a year.
(C) Withdraw from service prior to retirement; waiver of rights.
(1) Upon the withdrawal from service prior to retirement, a member shall be entitled to receive a refund of all of the amount of contributions made by the member, without interest.
(2) Any members receiving a refund of contributions shall thereby forfeit, waive and relinquish all accrued rights and benefits in the retirement system, including all credited and creditable service.
(3) The Board may, regardless of cause, withhold payment of a refund for a period not to exceed six months after receipt of an application from a member.
(D) Re-employment of person receiving refund; reinstatement into the Fund.
(1) Any member who has received a refund shall be considered a new member upon subsequent re-employment if such person qualified for membership under this subchapter.
(2) After the completion of at least five years of continuous membership service following his or her latest re-employment, such member shall have the right to make a repayment to the Fund of the amount previously received as a refund, including 6% interest from the date of refund to the date of repayment. Upon the restoration of such refunds, the member shall have reinstated to his or her account all credited service represented by the refunds of which repayment has been made.
(3) Repayment of refunds by any member shall include all refunds received by a member prior to the date of his or her last withdrawal from service and shall be made in a single sum.
(E) Employee’s contribution; salary deduction.
(1) Each active member shall contribute a sum, not to exceed 8% of his or her current salary, which shall be determined and fixed by the Board of Commissioners as deemed necessary. The city is authorized to deduct such amount from the salary of each active member at the close of each payroll period.
(2) The contribution shall be made as a deduction from salary, notwithstanding that the salary paid in cash to such member may be reduced thereby below the legally established rate.
(3) Every member of the Fund shall be deemed to consent and agree to the deduction from his or her salary. Payment to such member of his or her salary, less such deduction, shall constitute a full and complete discharge and acquittance of all claims and demand whatsoever for the services rendered by such member during the period covered by the payment, except as to the benefits herein provided.
(F) City’s contribution.
(1) As used in this section, ACTUARILY SOUND CONDITION and ON AN ACTUARILY FUNDED BASIS shall mean a financial condition and status of the Pension Fund which will permit the payment of all retirement, disability and all other benefits accruing to employees who are beneficiaries of the Fund when due, under existing and all prior ordinances and amendments thereto whichever benefit is the greater.
(2) For each fiscal year, the city’s contribution to the Fund shall be fixed by the Board of Commissioners to be:
(a) An amount at least equal to the total contributions made by the members during the same period; plus
(b) Such additional amount as may be deemed adequate to maintain the Fund in an actuarily sound condition and on an actuarily funded basis. Such sum shall be determined by a qualified and reputable actuary or actuarial firm to be selected by agreement of the Board of Commissioners and the Board of Trustees.
(3) An actuary or actuarial firm shall be employed on a continuing basis to fix the sum herein provided for. The actuary or actuarial firm shall at least each five years, prior to the adoption of this city’s annual budget, certify to each Board the sum he or she deems adequate to maintain the Fund. The sum shall be included in each annual budget and tax duly levied therefor. During such five years after each actuarial report, the annual amount and tax levy therefor shall be no less than the annual sums certified by the actuary.
(G) Maintenance of records system. An adequate system of accounts and records shall be established and maintained for the Fund that shall reflect fully the requirements of this subchapter. This system shall be integrated to the extent possible with the accounts, records and procedures of the city to the end that the system shall operate most effectively, at minimum expense and that duplication of records and accounts may be avoided.
(H) Assignment of benefits restricted.
(1) The right to a retirement annuity, disability annuity, survivors annuity or benefit, death benefit or any other benefit or refund under this subchapter, is personal with the recipient thereof. The assignment or transfer of such benefit or any part thereof shall be void, except as herein provided.
(2) No annuity, benefit or refund shall answer for debts contracted by the person receiving the annuity, benefit or refund. No annuity, benefit or refund shall be attached or affected by a judicial proceeding.
(3) Excepted herefrom are those judicial proceedings where the underlying debt owed by the pensioner is due to the city or any of its pension funds and the debt arose from actions involving moral turpitude.
(I) Payment of annuity.
(1) Any service retirement annuity, disability retirement annuity or any other annuity provided in this subchapter shall be payable in equal monthly installments as life annuities, and shall not be decreased, revoked or repealed, except for error, where specifically otherwise provided or upon written request. The cost of providing death benefits for members in receipt of retirement annuities shall not be construed as a reduction in the life annuity payable to the member.
(2) The first payment of an annuity shall be made for the fraction of a month elapsing until the end of the first month, and the last payment shall be made as of the end of the month in which death occurs.
(J) Liability of city for expenses. The payment of the required contributions by the city, all allowances, annuities and benefits shall be the obligation of the city. Administration expenses incurred in operating the Fund shall be paid by the city.
(1984 Code, § 34.63) (Ord. O-39-64, passed 7-23-1964; Ord. O-8-71, passed 8-26-1976; Ord. O-15-80, passed 2-19-1980; Ord. O-20-83, passed 4-19-1983)