SEC. 40A-29. TERMINATION OF CITY EMPLOYMENT PRIOR TO RETIREMENT; BENEFITS.

   (a)   A member with five or more years of credited service who terminates employment before becoming eligible for a normal, early, or service retirement pension is entitled to:

      (1)   a refund of contributions to the retirement fund, without interest, any time after termination, less any previous retirement pension payments; or

      (2)   payment of a retirement pension and benefits at the time the member becomes eligible.

   (b)   An inactive member with more than 10 years of credited service who terminated employment before becoming eligible for a normal, early, or service retirement pension is eligible to apply for a disability retirement pension as provided in Section 40A-17.

   (c)   A member with less than five years of credited service at the time of termination of employment who does not retire or withdraw contributions to the fund and who is later re-employed:

      (1)   before contributions are forfeited under Section 40A-30(b), shall have any pension benefits payable for all periods of credited service based on the provisions of the fund in effect on the date of termination of re-employment;

      (2)   after contributions are forfeited under Section 40A-30(b), but who reinstates credited service by filing the application required under Section 40A-11, shall have pension benefits payable for all periods of credited service based on provisions of the fund in effect on the date of termination of re-employment; or

      (3)   after contributions are forfeited under Section 40A-30(b), but who is not eligible to reinstate credited service under Section 40A-11, shall be treated as a new employee by the fund and have no right to pension benefits based on the period of canceled credited service.

   (d)   A member with five or more years of credited service at the time of termination of employment who does not retire or withdraw contributions to the fund and who is later re-employed for:

      (1)   less than 12 full months of continuous service, shall have pension benefits payable on the period of credited service earned prior to the break in service based on provisions of the fund in effect at the time such service ended, while pension benefits for the period of credited service earned during re- employment will be based on provisions of the fund in effect on the date of termination of re-employment;

      (2)   at least 12 full months of continuous service, shall have pension benefits payable on all periods of credited service based on provisions of the fund in effect on the date of termination of re-employment. (Ord. Nos. 15414; 17713; 18181; 19470; 20960; 21582; 30162)