(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BENEFITS. Monetary compensation payable to the employee at the time of retirement by reason of accumulated unused sick leave time.
FULL-TIME HOURLY COMPENSATED OR SALARIED EMPLOYEE. An employee who is normally scheduled to work not less than 40 hours per week.
RETIREMENT. That time when an employee having reached the age of 62 and having at least 5 years of uninterrupted service with the city voluntarily tenders his or her resignation and indicates his or her intention to cease further employment with the city, or when the Board of Public Works and Safety determines that the employee who has at least 5 years of uninterrupted service with the city is no longer physically or mentally competent to continue employment with the city. RETIREMENT shall not be construed to extend to those instances in which an employee is discharged or suspended as a disciplinary action.
(B) The provisions of this section shall apply to all full-time hourly compensated and salaried employees of the city except those employed in positions covered by the AFSCME contract, as officers of the Police and Fire Departments and elected officials. To be eligible for the benefits under this section the retiring employee shall meet all of the following requirements:
(1) The employee shall not have terminated his or her employment with the city temporarily during the last 5 years of service.
(2) An employee who retires early by reason of disability or health is eligible for the payment provided in this section, but the payment may not be made more than 1 time. In the event the employee becomes re-employed by the city, no future retirement benefit as provided in this section shall be available.
(3) In the event of the death of an employee who has met the requirements set forth in division (B)(1) and (2), above and has accumulated sick leave benefits, the benefits shall be payable to the employee’s spouse, or if there is no surviving spouse to the employee’s estate.
(C) Employees shall be compensated for sick leave accumulated and unused during the time of their employment with the city, and such payment shall be made within 30 days following the retirement of the employee.
(D) The maximum amount of accumulated unused sick leave time which shall be compensated for shall not exceed 640 hours, and the rate of payment for sick leave time shall be at the weighted average hourly base pay rate or, in the case of a salaried employee, the base salary during the last 2 years of the employee’s service with the city.
(E) Department heads of the various departments whose employees are eligible for benefits as provided by this section shall maintain and keep an accurate record of all hours accumulating as unused sick leave time and shall include the complete record with their report which is submitted to the City Controller at the end of each year.
(F) Department heads of the various departments whose employees are eligible for benefits as provided by this section shall immediately prepare and distribute to any employee within their department who has accumulated sick leave time a record of the accumulated sick leave time as of December 31, 1979, and each department head shall within 30 days after December 31 of each succeeding year supply any employee within his or her department with the amount of accumulated sick leave time.
(G) The provisions of this section shall be effective for all employees retiring on or after January 1, 1990.
(1979 Code, § 32.08) (Ord. 3098, passed 4-16-1979; Am. Ord. 3981, passed 5-7-1990)