(a) Adoption of the Plan. There is hereby adopted a Retirement Incentive Plan (“the Plan”) for all eligible employees of the Village of Cuyahoga Heights who are members of the Public Employees Retirement System, which Plan provides for the purchase by the Village of service credit for eligible employees who elect to participate in the Plan and for payment by the Village of the entire cost of the service credit purchase.
(b) Length of Plan. The Plan shall remain in effect for one year, from May 18, 2009 through May 18, 2010. The Plan may be extended beyond May 18, 2010 by an action of Council. The Village shall give all eligible employees at least thirty days' notice before termination of the Plan.
(c) One Plan. The Village shall have no more than one retirement incentive plan for employees who are members of the Public Employees Retirement System in effect at any time.
(d) Eligibility. Any employee of the Village who is a member of the Public Employees Retirement System shall be eligible to participate in the Plan established by the Village if he or she meets the following criteria:
(1) The employee is not any of the following:
A. An elected official;
B. A member of a board or commission;
C. A person elected to serve a term of fixed length; or
D. A person appointed to serve a term of fixed length, other than a person appointed and employed by the Village.
(2) The employee is or will be eligible to retire under Ohio R.C. 145.32, 145.33(A), 145.34 or 145.37 on or before the date of termination of the Plan. Service credit to be purchased for the employee under the Plan shall be included in making such determination.
(3) The employee agrees to retire under Ohio R.C. 145.32, 145.33(A), 145.34 or 145.37 within ninety days after receiving notice from the Public Employees Retirement System that service credit has been purchased for him or her under this section.
Participation in the Plan shall be available to all eligible employees without limit as to the number of employees who shall participate in the Plan or the seniority of employees who shall participate in the Plan.
(e) Limits on Purchased Credit. The Plan shall purchase the same amount of service credit for each participating employee, except that the Village will not purchase more service credit for any employee than the lesser of the following:
(1) Three years of service credit; or
(2) An amount of service credit equal to one-fifth of the total service credited to the participant under Ohio R.C. 145.01 through 145.58, exclusive of the service credit purchased under this section.
For each year of service credit purchased under this section, the Village shall pay an amount equal to the additional liability resulting from the purchase of that year of service credit, as determined by an actuary employed by the Public Employees Retirement Board.
(f) Agreed Upon Date for Payment. Upon the election by an eligible employee to participate in the Plan, the employee and the Village shall agree upon a date for payment or contracting for payment in installments, to the Public Employees Retirement System, of the cost of the service credit to be purchased. The Village shall submit to the Public Employees Retirement System a written request for a determination of the cost of the service credit, and within forty-five days after receiving the request the Public Employees Retirement Board shall give the Village written notice of the cost.
The Village shall pay or contract to pay in installments, to the Public Employees Retirement System, the cost of the service credit to be purchased, on the date agreed to by the employee and the Village. The payment shall be made in accordance with the rules adopted by the Public Employees Retirement Board. The rules may provide for payment in installments and for crediting the purchased credit to the employee's account upon the Village's contracting to pay the cost in installments. The Board shall notify the member when he or she is credited with service purchased under this section. If the employee does not retire within ninety days after receiving notice that he or she has been credited with the purchase service credit, the Public Employees Retirement System shall refund to the Village the amount paid for the service credit.
No payment made to the Public Employees Retirement System under this section shall affect any payment required by Ohio R.C. 145.48.
(g) Grievance Procedure. The following procedures will be in effect with respect to grievances of any employee under the Plan:
(1) The Chief Fiscal Officer is hereby appointed as the designated representative of the Village to receive grievances.
(2) Any eligible employee with a grievance shall state his or her grievance in writing, in adequate detail, date it, and affix his or her signature to the grievance.
(3) The Chief Fiscal Officer will attempt to resolve the grievance within five days of its submission. If the Chief Fiscal Officer is unable to resolve the grievance, he or she will then submit the grievance to the Mayor.
(4) If the Mayor is unable to resolve the grievance within ten days, the grievance will then be submitted to Council, whose action in regard thereto shall be final.
(Ord. 1987-57. Passed 7-22-87; Ord. 2001-32. Passed 4-11-01; Ord. 2001-72. Passed 6-13-01; Ord. 2009-33. Passed 2-11-09; Ord. 2017-83. Passed 12-13-17; Ord. 2018-32. Passed 3-14-18.)