§ 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)