(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b. He or she returns to employees’ savings fund all amounts he or she might have withdrawn therefrom at the time he or she entered, or while in, the armed service, together with regular interest thereon from the date of withdrawal to the date of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)