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(a) The membership of the retirement system shall include all employees and officers of the City who are now or who hereafter become employed by the City, except as provided in subsections (b) and (c) of this section.
(b) Persons who have been 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 of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint who were members of the retirement system before implementation of the City of Flint Employees Defined Contribution Pension Plan are eligible to remain members of the retirement system.
(c) The membership of the retirement system shall not include:
(1) Any person whose services are compensated on a contractual or fee basis;
(2) Any person whose compensation is less than $1,000.00 a year;
(3) Any person represented by the medical technologist organization at Hurley Medical Center who works less than 80 hours per month;
(4) The Medical Director;
(5) The Actuary;
(6) Members as such of multiple member boards;
(7) School crossing guards who have attained the age of 65 years, or who are precluded from participation in the retirement system as set forth in § 35-69 hereof;
(8) Temporary employees employed by the Hurley Medical Center Board of Hospital Managers, and not represented by a recognized bargaining unit;
(9) Employees hired after the implementation of the City of Flint Employees Defined Contribution Plan who are not members of a recognized bargaining unit, and not employed by the Board of Hospital Managers;
(10) Employees who are not members of a recognized bargaining unit, and not employed by the Board of Hospital Managers, who have elected to terminate their membership in the retirement system under § 35-15.1;
(11) Persons who become employed after implementation of the City of Flint Employees Defined Contribution Pension Plan 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 of the Mayor specifically provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint;
(12) Persons employed in positions that are part-time, seasonal, temporary or provisional; or
(13) Groups of employees employed by the City or the Hurley Board of Managers that leave the retirement system by the express approval of its Finance Director and relevant bargaining unit if any.
(d) Persons who have City service that is precedent to this amendment and that has never been credited either to the system or a deferred compensation plan may, at the same time, and in the same manner as is provided for participation in the retirement system in subsection (c) elect to have the service credited to the system.
(e) Appointed officials serving at the pleasure of the Board of Hospital Managers may, within 30 days of hire or within one year from the effective date of this provision, whichever is last to occur, elect to participate in an alternate plan as approved and established by the Board of Hospital Managers in lieu of participating in the retirement system. The election shall be irrevocable and shall be made in writing in accordance with procedures adopted by the Board of Trustees.
(Ord. 1860, passed 8-16-1965; Ord. 2314, passed 3-13-1972; Ord. 2322, passed 4-10-1972; Ord. 2496, passed 5-19-1975; Ord. 2558, passed 6-14-1976; Ord. 2583, passed 1-17-1977; Ord. 2628, passed 4-10-1978; Ord. 2699, passed 2-26-1979; Ord. 2800, passed 8-10-1981; Ord. 2893, passed 2-13-1984; Ord. 2933, passed 1-28-1985; Ord. 3201, passed 5-11-1992; Ord. 3303, passed 7-24-1995; Ord. 3462, passed 9-25-2000; Ord. 3496, passed 6-10-2002; Ord. 3585, passed 6-24-2004; Ord. 3639, passed 4-11-2005)
(a) The retirement system shall provide an opportunity for each member who is a member prior to the implementation date of the City of Flint Defined Contribution Pension Plan, the date being established by resolution of the City Council and incorporated herein by reference, and who is not a member of a recognized bargaining unit, and not employed by the Board of Hospital Managers, to elect in writing: to terminate membership in this retirement system and elect to become a participant in the City of Flint Employees Defined Contribution Pension Plan. An election made by a member under this subsection is irrevocable. The retirement system shall accept written elections under this subsection from members during a window established by resolution of the City Council incorporated herein by reference. A member who does not make a written election or who does not file the election during the period specified above continues to be a member of this retirement system. A member who makes and files a written election, elects to do all of the following:
(1) Cease to be a member of this retirement system effective 12:00 midnight, in accordance with a date set forth by resolution of the City Council incorporated herein by reference;
(2) Become a participant in the City of Flint Employees Defined Contribution Pension Plan effective 12:01 a.m., in accordance with a date set forth by resolution of the City Council incorporated herein by reference;
(3) Waive all of his or her rights to a pension, an annuity, a retirement allowance or any other benefit under this retirement system effective 12:00 midnight, in accordance with a date set forth by resolution of the City Council incorporated herein by reference;
(4) Acknowledge and approves the transfer of his or her actuarial present value of his or her accrued retirement benefit as provided in subsection (c) below.
(b) An election under this section is subject to the Eligible Domestic Relations Order Act, Act 46 of the Public Acts of 1991, being MCLA §§ 38.1701 through 38.1711.
(c) Transfer of lump sum amount. For a member who elects to terminate membership in this retirement system under subsection (a) above, the retirement system shall direct the custodian of the funds of the retirement system to transfer a lump sum amount from the appropriate funds of the retirement system to the City of Flint Employees Defined Contribution Pension Plan in accordance with a date set forth by resolution of the City Council incorporated herein by reference.
(d) The retirement system shall calculate the amount to be transferred, which shall be equal to the sum of the following:
(1) The member’s accumulated contributions, if any, from the employees’ savings fund as of 12:00 midnight, in accordance with a date set forth by resolution of the City Council incorporated herein by reference; and
(2) The excess, if any, of the actuarial present value of the member’s accumulated benefit obligation, over the amount specified in subsection (d)(1), from the pension reserve fund. For the purposes of this section, the present value of the member’s accumulated benefit obligation is based upon the member’s credited service and final average compensation as of 12:00 midnight in accordance with a date set forth by resolution of the City Council incorporated herein by reference. The actuarial present value shall be computed as of 12:00 midnight of a date set forth by resolution of the City Council incorporated herein by reference in accordance with the following:
a. Seven and three-fourths effective annual interest, compounded annually;
b. A 50% male and 50% female unisex blend of the 83-gam mortality tables used to project retirant longevity in the most recent actuarial valuation report;
c. A benefit commencement age, based upon the member’s estimated credited service as of 12:00 midnight in accordance with a date set forth by resolution of the City Council incorporated herein by reference. The benefit commencement age shall be the member’s earliest retirement age at which the member could receive an unreduced retirement benefit (excluding a disability retirement) or the member’s current age, if greater;
d. Interest on any amounts determined in subsections (d)(1) and (d)(2), to the date of the transfer, based upon 7.75% annual interest, compounded annually.
(e) If the City of Flint or the retirement system receives notification from the Internal Revenue Service that this section or any portion of this section will cause the retirement system to be disqualified for tax purposes under the Internal Revenue Code, then the portion that would cause the disqualification will not apply.
(Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3586, passed 6-24-2004; Ord. 3640, passed 4-15-2005)
Any former plan police officer or firefighter who, within the provisions of Section 201-A of the former City Charter, shall elect not to be covered by the pension plan provided in Sections 202 and 211 of the former Charter and to become a member of this retirement system shall be given service credit for all service rendered the City prior to July 1, 1947. He or she shall also, as of the date of his or her election, be credited with a contribution to the employee savings fund of this retirement system in an amount equal to the aggregate amount of his or her contributions to either the police service pension fund of the fire service pension fund provided in Section 207 of the former Charter. The employee savings fund credit shall in all respects, from the date of the credit, inure to the benefit of the employee as though created by original payroll deduction under the terms of this retirement system; except, that upon death or separation from service, the employee or his or her survivors or legal representative shall not be entitled to reimbursement therefor out of funds of this retirement system as would otherwise be the case under the provisions of § 35-35, unless the transfer of funds above provided for has been completed. Any such former plan police officer or firefighter so electing to become a member of this retirement system shall at that time irrevocably authorize and direct the Director of Finance to pay into this retirement system as of one day prior to the date the electing employee shall become a member of the retirement system any sum which under the terms of Section 202 and 211 of the former Charter would otherwise be payable as a contribution refund to the employee or his or her representative. The payment so made shall be considered only as reimbursement to the retirement system for the employee savings fund credit above set forth.
(Ord. 1860, passed 8-16-1965)
Those firefighters, the amount of whose pension is determined by Section 203 of the former Charter of the City, shall receive in addition thereto, an amount which will increase the pension each year by 2% for a consecutive ten-year period, such 2% to be computed on the original pension as follows: At the end of the first year 102%, at the end of the second year 104%, at the end of the third year 106%, at the end of the fourth year 108%, at the end of the fifth year 110%, at the end of the sixth year 112%, at the end of the seventh year 114%, at the end of the eighth year 116%, at the end of the ninth year 118%, and at the end of the tenth year 120%.
(Ord. 2134, passed 6-23-1969)
Retirees from the City Police and Fire Departments who are commonly known as “Charter retirees,” in recognition for their service to the City, shall be paid an increase equal to 7% of their annual City pensions, as the pension exists as of July 1, 1990. This increase in pension shall be retroactive to July 1, 1990. The initial payment shall be made as near the effective date of this section as practicable.
(Ord. 3147, passed 9-24-1990)
Effective August 1, 1978, as to persons who have attained age 62 and effective on the first day of the month following attainment of age 62 for all others, the appropriate City officials shall increase any pension payable pursuant to Sections 202 through 211 of the former City Charter in an amount sufficient, when added to the pension presently payable to the person will increase that person’s annual pension in the amount of $3,000.00 per annum with further increases of 2.5% per annum thereafter. The increase in the annual pension shall take effect as of September 1, 1997 and shall be payable in such manner and under such conditions as provided in Sections 202 through 211 of the former City Charter.
(Ord. 2654, passed 7-24-1978; Ord. 2973, passed 10-28-1985; Ord. 3012, passed 10-13-1986; Ord. 3270, passed 3-14-1994; Ord. 3298, passed 5-22-1995; Ord. 3357, passed 11-10-1997; Ord. 3364, passed 2-23-1998; Ord. 3587, passed 6-24-2004)
(a) The appropriate City officials shall make available Blue Cross/Blue Shield or like benefit to all eligible surviving spouses of Charter pension retirees of the City not currently receiving the benefits and who submitted their request by December 31, 1984; or whose spouse has been deceased after that date, and until such time as they are covered by another plan or remarried, and who, individually, request the coverage.
(b) Commencing at age 65, the coverage provided shall be Blue Cross-65 Supplementary.
(Ord. 2917, passed 8-13-1984; Ord. 2942, passed 2-11-1985)
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