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Persons identified as “Charter retirees,” per Section 9-204 of the City Charter, shall be paid an annual payment equal to 5% of their annual City pensions, as such pensions exist as of January 1, 2002. The payment shall be retroactive to January 1, 2002, and shall not be included in calculating the Charter retirees’ annual pension amount. This payment shall be made only when the Charter retirees are not entitled to a payment under § 35-16.2(a). Any payment due under this section shall be made in October, and a retiree must have received a pension for the entire preceding calendar year to be eligible. The initial payment under this section shall be made as soon as practicable after the effective date of this section.
(Ord. 3636, passed 3-14-2005)
(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)
The Board of Trustees shall fix and determine by appropriate rules and regulations the amount of service to be credited to a member in any year; provided, that in no case shall less than ten days of service rendered in any calendar month be credited as a month of service; nor shall less than ten months of service rendered in any year be credited as a year of service, nor shall more than one year of service be credited any member for all service rendered by him or her in any one year.
(Ord. 1860, passed 8-16-1965)
(a) Persons employed by the City, who are not members of a recognized bargaining unit, and not employed by the Board of Hospital Managers, as of the effective date of this amendment, who have previous City employment funded pursuant to the Comprehensive Employment and Training Act (CETA), for which they have not received retirement credit, may, within one year following the effective date of this amendment, elect to receive credit, for retirement purposes only, for the above previous employment. Credit shall be given only upon payment to the retirement system of a contribution calculated on the same basis as if employee contributions had been made to the system at the same time as the compensation was received and shall include interest equivalent to that which would have accumulated had the contributions been originally made to the system.
(b) The contribution shall be made in one installment, payable not later than five years from the date of election.
(Ord. 3075, passed 10-10-1988; Ord. 3083, passed 11-28-1988)
(a) (1) Should an employee(s), who is/were employed by the City, be called to or enter, or was/were called to or entered, any armed service of the United States during any period of compulsory military service, he or she shall have such armed service actually required of him or her credited him or her as City service, provided that:
a. He or she is reemployed by the City within 90 days from and after the date the armed service actually required of him or her terminates;
b. He or she returns to employees’ savings fund all amounts he or she might have withdrawn therefrom at the time he or she entered, or while in, the armed service, together with regular interest thereon from the date of withdrawal to the date of repayment; and
c. In no case shall more than five years of service be credited to him or her for all such armed service rendered by him or her.
(2) In any case of doubt as to the period to be credited, the Board of Trustees shall have final power to determine the period. During the period of such armed service and until their return to City employment their contributions to the employees’ savings fund shall be suspended and their balance therein shall be accumulated at regular interest.
(b) Credit for prior military service.
(1) General members regularly employed in full-time, permanent positions represented by Locals 1600 and 1799 American Federation of State, County and Municipal Employees, AFL-CIO, firefighters and police officer members holding the rank of sergeant, and any person hereafter employed in any of these positions, may on or before 60 days of the effective date of this section or within 60 days of appointment to any of the above positions, and not thereafter, or general members not represented by a collective bargaining unit and not employed by the Board of Hospital Managers allocated to level 22-E or below, at any time on or prior to January 15, 1997, or general members employed by the Board of Hospital Managers and allocated to level 22-C or below and not represented by a recognized bargaining unit and any person hereafter employed in any of the positions may at any time between the effective date of this section and the member’s effective date of retirement, once and not thereafter, elect to receive credit for retirement purposes only, for time served in the armed forces of the United States on active duty for other than training purposes, and for which they received an honorable discharge. Provided, however, general members represented by Local 1600, American Federation of State, County and Municipal Employees, AFL-CIO, firefighter members and police officer members holding the rank of sergeant shall not be permitted to use the military time to meet the minimum requirements set forth in this Code for deferred retirement or voluntary retirement. The maximum amount of military service for which they may receive credit shall be 36 months, and the credit shall be given only upon payment to the retirement system of a contribution computed in the following manner:
Induction rate for the classification the employee hired into as a regular full-time permanent employee in effect at the time of making the election, multiplied by the number of years or months of military service, plus interest computed at the rate established by the Director of Finance, computed from the date of hire. Provided further, that after January 15, 1995, general members not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers allocated to level 22-E or below, may at any time prior to the member’s effective date of retirement, once and not thereafter, elect to receive credit for prior military service, as above, except that payment to the retirement system shall be equal to the actuarial present value as of the date of the buy-back of the pension payable by the system attributable to the prior military service.
(2) The contribution shall be made in one installment, payable not later than five years from the date of election, and in no case later than the effective date of the member’s retirement for those general members employed by the Hurley Medical Center and not represented by a recognized bargaining unit. In the event the required deposit is not made within 90 days of the date of election, additional interest at the rate of 3/4% per month from the date of election to the date of payment shall be paid by the applicant.
(3) No credit shall be granted for any military service for which the employee is receiving a pension or which has been used in establishing entitlement to a pension from any other governmental entity, nor shall the credit be granted prior to the submission of appropriate documentation from the proper military authorities indicating the character of the service and nature of separation.
(c) (1) A general member hereafter regularly employed in a full-time permanent position allocated to level 23 or above, not represented by a recognized bargaining unit or persons elected to the City Council, District Judges of the 68th Judicial District, the City Administrator, appointees of the City Council, and appointees of the Mayor provided for in Sections 4-202 and 4-203 of the Charter, may on or before January 15, 1997, and not thereafter, or general members employed by Hurley Medical Center and allocated to level 23 and above and not represented by a recognized bargaining unit and any person hereafter employed in any of these positions may at any time between the effective date of this section and the member’s effective date of retirement, once and not thereafter, elect to receive credit for retirement purposes only, for the time served in the armed forces of the United States on active duty for other than training purposes, and for which they received and honorable discharge. The maximum amount of military service for which they may receive credit shall be 36 months, and the credit shall be given only upon payment to the retirement system of a contribution computed in the following manner:
Induction rate for the position the employee hired into as a regular full-time permanent employee in effect at the time of making the election, multiplied by the number of years or months of military service, plus interest computed at the rate established by the Director of Finance, from the date of hire. Provided further, that after January 15, 1997, general members not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers and allocated to level 23 or above, may at any time prior to the member’s effective date of retirement, once and not thereafter, elect to receive credit for prior military service, as above, except that the payment to the retirement system shall be equal to the actuarial present value as of the date of the buy-back of the pension payable by the system attributable to the prior military service.
(2) The contribution shall be made in one installment, payable not later than five years from the date of election. For general members employed by the Hurley Medical Center and allocated to levels 23 and above and not represented by a recognized bargaining unit and any persons hereafter employed in any one of the positions shall make the contribution in one installment payable within five years of the election, and in no case later than the effective date of the member’s retirement. In the event the required deposit is not made within 90 days of the date of election, additional interest at the rate of 3/4% per month from the date of election to the date of payment shall be paid by the applicant.
(3) No credit shall be granted for any military service for which the employee is receiving a pension or which has been used in establishing entitlement to a pension from any other source, nor shall credit be granted prior to the submission of appropriate documentation from the proper military authorities indicating the character of the service and the nature of separation.
(Ord. 1860, passed 8-16-1965; Ord. 2699, passed 2-26-1979; Ord. 2903, passed 4-9-1984; Ord. 3201, passed 5-11-1992; Ord. 3280, passed 7-25-1994; Ord. 3326, passed 3-11-1996)
(a) Reemployment generally.
(1) In the public interest in time of emergency so declared by the City Council, persons of the following types employed thereunder shall be employed according to civil service procedure as provided for this type of employment, and shall be employed under the applicable provisions thereof.
(2) The Civil Service Commission shall certify to the proper appointing officer of the City department or board involved that requisition has been made for replacement and that no eligible list can be established for the position or positions in which the person is to be employed, proper efforts having been made for recruitment.
(3) Any person so employed by the City may continue in the City service only such period of time until eligible list for the emergency position held by him or her can be established, or until his or her service are held to be unsatisfactory by his or her appointing officer, whichever period time is shorter.
(b) Emergency reemployment of retired members. Any former member of the retirement system who was retired by the Board of Trustees, with or without a retirement allowance, may be reemployed with his or her consent. As a condition of the emergency reemployment of the former retired member by the City:
(1) He or she shall not again become a member of the retirement system and he or she shall not, in any manner, be entitled to any retirement system rights and privileges by virtue of his or her emergency reemployment; and
(2) The payment of his or her retirement allowance, if any, granted him or her upon his or her previous retirement from service shall be suspended and shall not accrue during his or her emergency reemployment, and shall be resumed immediately following the termination of his or her emergency reemployment according to the same conditions, in all respects, as his or her retirement allowance was originally granted; provided, his or her annuity, if any, payable to him or her at the time of termination of his or her the emergency reemployment shall be recomputed upon the basis of:
a. His or her annuity reserve at the time his or her emergency reemployment began;
b. His or her age at the time his or her emergency reemployment terminated; and
c. The option originally elected by him or her.
(c) Emergency employment of over-age personnel. Persons who have attained the age beyond the age of compulsory retirement as provided in § 35-21 may be employed. As a condition of the emergency employment of the over-age person by the City, he or she shall not become a member of the retirement system and he or she shall not, in any manner, be entitled to any retirement system rights and privileges by virtue of the emergency employment.
(Ord. 2496, passed 5-19-1975)
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