§ 35-1 ESTABLISHMENT OF CITY OF FLINT DEFINED CONTRIBUTION PENSION PLAN.

35-15.1 Election to terminate participation in the City of Flint employees retirement system and to participate in the City of Flint Defined Contribution Pension Plan; irrevocability

35-16 Former plan police officers and firefighters

35-16.1 Increase in benefits for Charter plan firefighters

35-16.1.1 Increase in benefits for Charter retirees

35-16.2 Increase in benefits for persons retired pursuant to former City Charter

35-16.2.1 Blue Cross/Blue Shield coverage for eligible surviving spouses of Charter pension retirees

35-16.3 Increase in service pensions

35-16.4 Additional annual payment; determination and distribution thereof; eligible retirants

35-16.5 Contingent benefit payment for eligible Charter plan retirees

35-17 Termination of membership; reinstatement

35-18 Service credit

35-18.1 Credit for certain prior City service (CETA)

35-19 Credit for time in armed services

35-19.1 Emergency reemployment

35-20 Creating member’s service account

35-21 Voluntary retirement

35-22 Mandatory retirement — general member; firefighter

35-22.1 Mandatory retirement — police officer member

35-23 Age and service pension — general members

35-23.1 Age and service pension — “pop- up” options for certain general members

35-23.2 Definitions

35-23.3 Plan participation

35-23.4 Alternative pension plan description

35-23.5 Hurley modified contributory plan

35-23.6 Termination and transfer of participation in the retirement system to the Municipal Employees Retirement System of Michigan of certain Hurley Medical Center participants

35-24 Age and service pension — firefighters

35-24.1 Age and service pension — police officers

35-25 Deferred pension

35-26 Pension options

35-26.1 Actuarial equivalencies

35-27 Retirement for total and permanent disability

35-28 Disability pension — general member

35-29 Disability pension — police officers and firefighters

35-30 Examination of disability retirants; restoration of disability retirant to service

35-31 Ordinary death pension — general members, police officers

35-31.1 Ordinary death pension — firefighters

35-32 Death in the line of duty — general members, police officers

35-32.1 Death in the line of duty — firefighters

35-33 Offset of workers’ compensation benefits against pensions

35-34 Refunds of accumulated contributions

35-34.1 Eligible rollover distributions

35-35 Employee savings fund

35-36 Retirement reserve fund

35-37 Pension reserve fund

35-38 Expense fund

35-39 Management of funds of system

35-40 Allowance of regular interest

35-41 Assignments prohibited; exceptions

35-42 Correction of errors in records

35-43 Subpoena attempt

35-44 Hearings; findings; review of Board actions

35-45 Waiver of privilege

35-46 Internal Revenue Code qualifications

35-46.1 Termination of retirement system

35-46.2 Benefit limitations

35-46.3 Diversion of assets prohibited

35-46.4 Commencement and payment of pensions

35-46.5 Uniformed service requirements

Article III. Residency Requirements

35-47 Residency within City required

35-48 “Residence” defined

35-49 Enforcement; development of criteria for determining domicile

35-50 Waiver of residency requirements

35-51 Requests for waivers

35-52 Residency requirements for levels 23 and above

35-53 Residency requirements for levels 22E and below

35-54 – 35-61 Reserved

Article IV. Uniform Pay Plan

35-62 Applicability of classifications of Personnel Director

35-63 Compensation plan; payment schedule; contracts with bargaining units

35-64 Compensation schedules

35-65 Reserved

35-66 Part-time employees

35-67 Appointive officers’ salaries

35-68 Unclassified Service pay rates; employment contracts for Ombudsman’s appointees

35-69 School crossing guards

35-70 Credit towards step advancements

35-71 Normal workweek

35-72 Overtime generally

35-72.1 Emergency call-in pay

35-73 Appointive officials — fringe benefits and working conditions

35-74 Night bonus

35-75 Employees exempt from overtime provisions

35-76 Overtime, holiday rates and night bonuses not to be paid for same work

35-77 On-call or stand-by employees

35-78 Reserved

35-79 Changes in compensation caused by reclassification or reallocation

35-80 Indemnification of officials, appointees and employees

35-81 Insurance

35-82 Armed service credit

35-83 Same — probationary employee

35-84 Reserved

Article V. Working Conditions

35-85 Definitions

35-86 Purpose

35-87 Annual leave

35-88 Sick leave

35-88.1 Workers’ compensation supplemental benefits

35-88.A.1 Sick leave for unrepresented classified employees

35-88.A.2 Same — extended sick leave without pay

35-88.A.3 Same — return from sick leave

35-89 Holidays

35-90 Tuition reimbursement

35-91 Military leave

35-92 Jury duty

35-93 Bereavement leave

35-94 Suspension of nonessential services

35-95 Crediting of annual leave accumulations while in armed service

35-96 Accumulation of sick leave while in armed services

35-97 Employees not to receive compensation for time not expended in City service

35-98 Conversion of annual salary to hourly rate; employees employed in dual classifications

35-99 Reserved

35-100 Benefits not available to part-time, temporary interim or contractual employees; exception as to annual leave

35-101 Civil Service Commission — created; composition

35-102 Same — selection members

35-103 Same — qualifications of candidates

35-104 Same — submission of nominating petition by candidate

35-105 Same — election of member by Board of Hospital Managers employees

35-106 Same — powers, duties and terms

35-107 Same — election; run-off

35-108 Same — form of subpoena by Civil Service Commission

35-109 Same — refusal to comply with subpoena

35-110 Conditions under which person having a family relationship to department or division head may be employed

35-111 Criminal history background checks of all employees and volunteers representing the City of Flint at the Berston Field House, Brennan Community Center, Haskell Community Center, Hasselbring Senior Center and Pierce Community Center

Cross-reference:

Administration, see Ch. 2

Civil service, see Chart. Sections 5-101 – 5-402

Pensions, authority to provide, see Chart. Section 1-503

ARTICLE I. CITY OF FLINT DEFINED CONTRIBUTION PENSION PLAN

§ 35-1 ESTABLISHMENT OF CITY OF FLINT DEFINED CONTRIBUTION PENSION PLAN.

The City of Flint Employees Defined Contribution Pension Plan is created by this article. The terms and conditions are described in the ICMA plan documents. These documents are on file with the City Clerk and adopted by resolution of the Flint City Council.

(a) Effective date. The effective date of this article and the City of Flint Defined Contribution Pension Plan shall be September 1, 2002.

(b) Implementation date. The implementation date of the City of Flint Defined Contribution Pension Plan shall be established by resolution.

(c) Plan year. The first plan year for the City of Flint Defined Contribution Pension Plan shall be the partial year commencing the effective date and ending on December 31, 2002. Thereafter, the plan year shall be the calendar year.

(d) Eligible employees. Employees eligible to participate in the City of Flint Defined Contribution Pension Plan shall be all employees of the City hired after the implementation date who are not members of a recognized bargaining unit and not employed by the Board of Hospital Managers, as long as the employees are not employed in a position that is part-time, seasonal, temporary, provisional or school crossing guards. This definition includes persons employed as members of the City Council, Judges of the 68th Judicial District, the City Administrator, appointees of the City Council, appointees of the Ombudsman, and appointees serving at the pleasure of the Mayor, provided that, as to Judges of the 68th Judicial District, compensation shall be limited to the portion of annual compensation paid by the City.

(e) Eligibility conditions. An eligible employee who was hired by the City prior to the implementation date shall have an opportunity to elect irrevocably to terminate his or her membership in the employees retirement system, commence participation in the City of Flint Defined Contribution Pension Plan and transfer the actuarial present value of his or her accrued benefit under the employees retirement system to an individual account to be administered on his or her behalf in the City of Flint Defined Contribution Pension Plan. Any eligible employee whose employment with the City commences on or after the implementation date shall become a participant in the City of Flint Defined Contribution Pension Plan on his or her employment commencement date. An employee of the City who transfers employment into the class of eligible employees after the implementation date shall have a 30-day period commencing on the date of his or her transfer into the class of eligible employees to make the elections described in the first sentence of this subsection.

(f) Vesting. A participant’s employee contribution account, including interest in the account balance, if any, derived from assets transferred on his or her behalf from the employees retirement system, shall be fully vested and non-forfeitable at all times.

(g) Limitations on allocations of contributions. In the event that a participant participates in more than one qualified pension plan, the participant’s contributions under this plan shall be reduced, if necessary, to satisfy the limitations of Section 415 of the Code.

(h) Appointment of plan administrator. By resolution of its Council the City shall designate a plan administrator for the City of Flint Defined Contribution Pension Plan, which designation can be altered or amended from time to time.

(i) Receipt of assets transferred from employees retirement system. The City of Flint Defined Contribution Pension Plan shall accept transfers of the actuarial present value of an electing eligible employee’s accrued benefit under the employees retirement system and shall credit those assets to the individual account maintained for the eligible employee under the City of Flint Defined Contribution Pension Plan.

(Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3583, passed 6-24-2004)

§§ 35-2 – 35-5 RESERVED.

ARTICLE II. RETIREMENT SYSTEM

§ 35-6 DEFINITIONS.

The following words and phrases as used in this article, unless a different meaning is clearly required by the context, shall have the following meanings. The masculine gender shall include the feminine gender; the words of the singular shall include the plural number and vice versa.

ACCUMULATED CONTRIBUTIONS. The sum of all amounts deducted from the compensation of a member and credited to his or her individual account in the employee savings fund together with regular interest thereon.

ANNUAL RATE OF COMPENSATION. A member’s salary or wages earned and received annually over the course of 26 pay periods. Annual compensation shall not include income received during the 26 pay periods which was not also earned during the 26 pay periods. Annual compensation shall be consistent with the compensation schedules established by the City Council which are on file in the City Clerk’s Office.

APPOINTMENT. In the case of elective officials means the date of taking office as a result of either appointment or vote of the people.

BENEFICIARY. Any person, except a retirant, who is in receipt of or has entitlement to, a pension or other benefit payable by the retirement system.

BOARD OF TRUSTEES or BOARD. The Board of Trustees provided in the retirement plan.

CITY. The municipal government of the City of Flint, including the Recreation and Park Board as it existed prior to the effective date of the Charter adopted by the electors in November 1974, and the Board of Hospital Managers.

CITY COMMISSION or COMMISSION. The City Council of the City of Flint.

COMPENSATION.

(1) A member’s salary or wages paid by the City for personal services rendered by him or her to the City, and including workers’ compensation paid in accordance with State law and supplemental pay which may have been paid in accordance with contracts in existence between the City and recognized bargaining units and ordinances of the City.

(2) Notwithstanding any other provision of this article, the compensation of a member of the retirement system shall be taken into account for any year under the retirement system only to the extent that it does not exceed the compensation limit established in Section 401(a)(17) of the Internal Revenue Code, as adjusted by the Commissioner of Internal Revenue.

CREDITED SERVICE. The number of years and months of service standing to a member’s credit in his or her service account.

FINAL AVERAGE COMPENSATION.

(1) Except as herein otherwise provided, means the average of the highest annual compensation paid a member during any period of five years of his or her credited service contained within his or her ten years of credited service immediately preceding the date his or her employment with the City last terminates. In the event he or she has less than five years of credited service, his or her final average compensation shall be the average of his or her annual compensation for his or her total years of credited service.

(2) In the case of persons elected to the City Council, District Judges of the 68th Judicial District, the City Administrator, appointees of the City Council, appointees of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint, general members not represented by recognized bargaining units not employed by the Board of Hospital Managers, general members represented by Local 1799, American Federation of State, County and Municipal Employees, AFL-CIO, firefighter members and police officer members, effective July 1, 1976 as to general members represented by Local 1600, American Federation of State, County and Municipal Employees, AFL-CIO, and effective July 1, 1977, as to general members represented by Local 1918, Chapter B-1, American Federation of State, County and Municipal Employees, AFL-CIO, shall mean the average of the highest annual compensation paid the members by the City of Flint during any period of three years of their credited service contained within their five years of credited service immediately preceding the date of their employment with the City last terminates. Provided, however, for firefighter members, police officer members, general members represented by Locals 1600, 1799, Chapter B-1 of 1918, the City Administrator, appointees of the City Council, appointees of the Mayor and general members not represented by recognized bargaining units and not employed by the Board of Hospital Managers hired after January 1, 1978, payment of accumulated, unused sick leave and/or annual leave shall not be used in computing “final average compensation.”

(3) General members not represented by recognized bargaining units and employed by the Board of Hospital Managers who are hired, promoted or transferred into an exempt classification after March 1, 1989, shall not have the payment of accumulated sick leave used in the computation of “final average compensation.” No portion of payment upon retirement to classified employees not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers who retire on or after January 16, 1995 for accumulated sick leave between 60 days and 120 days shall be included in the computation of final average compensation for any unrepresented employee including those unrepresented employees who otherwise receive final average compensation fold-in of sick and/or annual leave.

FINAL COMPENSATION. A member’s annual rate of compensation at the time his or her employment with the City last terminates.

FIREFIGHTER MEMBER(S). An employee of the Division of Fire of the City, holding the rank of firefighter, including probationary firefighter, or higher rank and shall include civilian employees of the Division of Fire. The term shall not include:

(1) Persons who are privately employed as firefighters;

(2) Persons who are temporarily employed as firefighters, during an emergency; nor

(3) Former plan firefighters who did not elect to become members of the retirement system.

FORMER PLAN POLICE OFFICERS AND FIREFIGHTERS. Persons who are eligible to participate in the pension benefits provided by Sections 202 et seq. of the City Charter or any amendment thereto.

GENERAL MEMBER. Any member of the retirement system, except police officer and firefighter members, and includes persons employed in the positions of Assistant Chief of Police or Deputy Chief of Police.

INSURABLE INTEREST. Any person who would suffer pecuniary loss upon the death of the second person.

INTERNAL REVENUE CODE. The United States Internal Revenue Code of 1986.

MANDATORY RETIREMENT AGE. Except as herein otherwise provided, shall mean 65, and shall not apply to persons holding elective office, the City Administrator, appointees of the City Council or appointees of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint.

(1) “Mandatory retirement age for firefighter members” shall mean age 62.

(2) “Mandatory retirement age for police officer members” shall mean the age at which the police officer member acquires 25 years of credited service.

MEMBER. Any person who is included in the membership of the retirement system.

PENSION RESERVE. The present value of all payments to be made on account of any pension. The PENSION RESERVE shall be computed upon the basis of such mortality and other tables of experience, as the Board of Trustees shall from time to time adopt and regular interest.

PENSION. An annual amount payable by the retirement system throughout the future life of a person, or for a temporary period, as provided in the retirement plan. All PENSIONS shall be paid in equal monthly installments.

POLICE OFFICER MEMBER(S). An employee of the Division of Police of the City of Flint holding the rank of patrol officer, including probationary patrol officer or higher rank. The term shall not include:

(1) Persons employed in the positions of Assistant Chief of Police or Deputy Chief of Police;

(2) Civilian employees of the Division of Police;

(3) Persons who are privately employed as police officers;

(4) Persons who are temporarily employed as police officers, during an emergency; nor

(5) Former plan police officers who did not elect to become members of the retirement system.

REGULAR INTEREST. In the case of a refund of accumulated contributions to a member by reason of his or her separation from service prior to his or her retirement means 1% per annum, compounded annually, and for all other purposes of the retirement system means 6% per annum, compounded annually, effective January 1, 1975, 5% per annum, compounded annually, for the period of January 1, 1973 through December 31, 1974; 3.5% per annum, compounded annually, for the period January 1, 1968 through December 31, 1972 and 3% per annum, compounded annually, prior to December 31, 1967.

RETIRANT or RETIREE. A member who retires with a pension payable by the retirement system and shall include a “deferred” retirant.

RETIREMENT. A member’s withdrawal from the employ of the City with a pension payable by the retirement system.

RETIREMENT PLAN or PLAN. Ordinance 625, adopted April 22, 1946 and effective April 29, 1946, as amended, and as replaced by Ordinance 1860 and as it might from time to time be amended.

RETIREMENT SYSTEM or SYSTEM. The City of Flint Employees Retirement System.

SERVICE. Personal service rendered to the City by an officer or employee of the City.

VOLUNTARY RETIREMENT AGE. Except as herein otherwise provided, shall mean age 60.

(1) “Voluntary retirement age for persons elected to the City Council and District Judges of the 68th Judicial District” means age 55 or the age at which the members acquired 25 years of credited service.

(2) “Voluntary retirement age for firefighter members” shall mean the age at which the firefighter member acquires 23 years of credited service or attains age 55, whichever is first to occur.

(3) “Voluntary retirement age for police officer members” shall mean the age at which the police officer member acquires 23 years of credited service.

(4) “Voluntary retirement age for the City Administrator, appointees of the City Council, appointees of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint, members represented by Locals 1600, 1799 and 1973, American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO, and general members not represented by recognized bargaining units are not employed by the Board of Hospital Managers” means age 60 or the age at which the employee acquires 25 years of credited service.

(5) “Voluntary retirement age for general members not represented by recognized bargaining units and not employed by the Board of Hospital Managers, and general members represented by Local 1603A, American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO” means age 60, age 55 if the member has ten years or more of credited service, or the age at which the member acquires 25 years of credited service.

(6) “Voluntary retirement age for members represented by the Public Health Nurses Organization” means age 60 or age 55 years if the member has 25 years or more of credited service.

(Ord. 1860, passed 8-16-1965; Ord. 2013, passed 11-6-1967; Ord. 2206, passed 4-13-1970; Ord. 2277, passed 8-9-1971; Ord. 2314, passed 3-13-1972; Ord. 2354, passed 8-21-1972; Ord. 2375, passed 10-18-1972; Ord. 2370, passed 12-11-1972; Ord. 2403, passed 8-20-1973; Ord. 2432, passed 3-11-1974; Ord. 2446, passed 7-1-1974; Ord. 2453, passed 8-19-1974; Ord. 2457, passed 10-7-1974; Ord. 2473, passed 12-30-1974; Ord. 2496, passed 5-19-1975; Ord. 2519, passed 10-13-1975; Ord. 2543, passed 2-2-1976; Ord. 2558, passed 6-14-1976; Ord. 2583, passed 1-17-1977; Ord. 2648, passed 6-26-1978; Ord. 2699, passed 2-26-1979; Ord. 3088, passed 2-13-1989; Ord. 3297, passed 5-22-1995; Ord. 3451, passed 3-27-2000; Ord. 3584, passed 6-24-2004; Ord. 3643, passed 4-25-2005)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc