(a) Except as otherwise provided in this retirement plan, should any member(s) leave the employ of the City or Hurley Medical Center for any reason, except his or her retirement or death, he or she shall thereupon cease to be a member and his or her credited service at the time shall be forfeited by him or her. In the event he or she is reemployed by the City or Hurley Medical Center prior to his or her attainment of age 70 years if he or she is a firefighter member of acquiring 25 years of credited service, if he or she is a police officer member, or age 70 years if he or she is a general member he or she shall again become a member. If his or her reemployment occurs within a period of five years from and after the date of his or her last separation from City employment his or her credit service last forfeited by him or her shall be restored to his or her credit, subject to § 35-35(d). Provided, however, that as to members represented by Local 1799, American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO, if the reemployment occurs within a period of ten years from and after the date of their last separation from City employment, and as to general members not represented by recognized bargaining units and not employed by the Board of Hospital Managers if the reemployment occurs within a period of 12 years from and after the date of their last separation from City employment, their credited service last forfeited by them shall be restored to their credit, subject to § 35-35(d). A member who becomes a retirant or dies shall thereupon cease to be a member.
(b) General members, not represented by recognized bargaining units and not employed by the Board of Hospital Managers, subject to reinstatement of membership under this section, who between termination and subsequent reemployment may have credited service from the temporary employment by contribution to the employees’ savings fund of an amount equal to that which the member would have contributed had he or she been a member during the period of temporary employment and shall include interest computed in accordance with § 35-6.
(c) Present and future supervisory and administrative employees of the City of Flint, who are not represented by a collective bargaining unit, and who are not employed by the Board of Hospital Managers, may make application to buy back prior governmental service, and periods when the employees were employees of the City of Flint but, however, were temporarily laid off, or were on a leave of absence without pay (including maternity leave) consistent with the provisions of this section, provided however, that for these employees the computation of the payment to the retirement system shall be computed using the appropriate formula in effect as of the date of application as if the credit were for prior military service under § 35-19. Provided further, that any prior governmental time purchased before January 15, 1997, may be used for retirement purposes only including any minimum length of service or membership requirements. In addition, present and future supervisory or administrative employees of Hurley Medical Center who are otherwise excluded from membership in recognized bargaining units may make application to buy back prior governmental service consistent with the following terms and conditions. To be effective the application must be filed between the effective date of this section and the effective date of the member’s retirement. The Secretary shall compute the amount to be required as a contribution to this system on the same basis as if the compensation has been paid by the City of Flint or Hurley Medical Center and shall include the employee’s and employer’s contributions with interest, computed in accordance with § 35-6 hereof. The payment shall be equal to the actuarial present value as of the date of the buy-back of the person payable by this system attributable to the prior governmental service. The amount so determined shall be paid into the system by the applicant in one installment, payable not less than 90 days from the date the petition is filed. For present and future supervisory or administrative employees of Hurley Medical Center not represented by a recognized bargaining unit the amount so determined shall be paid into the system by the applicant in one installment, payable not more than 90 days from the date the application is filed and in case later than the effective date of the member’s retirement. In the event the required contribution is not made within that time, no credit shall be given for the prior service. The maximum credit for prior service with other governmental units shall be ten years and the member shall be required to complete a minimum of 15 years as a member of this system before becoming eligible for benefits under this section. Provided, however, that any applicant under this section who has vested pension rights with another governmental pension system shall not be entitled to any pension benefits under this section other than those earned for service with the City.
(Ord. 1860, passed 8-16-1965; Ord. 2496, passed 5-19-1975; Ord. 2558, passed 6-14-1976; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979; Ord. 2897, passed 3-12-1984; Ord. 3172, passed 5-28-1991; Ord. 3201, passed 5-11-1992; Ord. 3280, passed 7-25-1994; Ord. 3282, passed 10-24-1994; Ord. 3326, passed 3-11-1996)