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A member who has attained or attains his or her voluntary retirement age and has ten or more years of credited service may retire upon his or her written application filed with the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired. A member may not extend his or her application for retirement more than three times within a three-year period from the date of initial application. The application shall, absent the mutual agreement of the member and the employer, be deemed irrevocable 30 days preceding the effective date of retirement. Unless otherwise designated, the Personnel Director shall, for purposes of this section, be deemed the employer. Upon his or her retirement he or she shall receive a pension provided in § 35-23 if he or she is a general member, or, as provided in § 35-24.1 if he or she is a police officer member.
(Ord. 2496, passed 5-19-1975; Ord. 2895, passed 2-27-1984)
(a) The first day of the calendar month next following the month in which a general member or firefighter member attains mandatory retirement age, he or she shall be retired, provided, in either case he or she has ten or more years of credited service and is neither an appointee of the City Council, an appointee of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint nor an elected officer or District Judge of the City; provided, however, that as to members represented by Local 1799 American Federation of State, County and Municipal Employees, AFL-CIO, an extension of employment up to a maximum of six months beyond mandatory retirement age shall be granted upon approval and recommendation of the City Administrator. Upon his or her retirement he or she shall be entitled to a pension provided in § 35-24 if he or she is a firefighter member or as provided in § 35-23 if he or she is a general member.
(b) Upon written request of a general member or firefighter member who has attained or attains mandatory retirement age, approved by his or her department head, the Board may continue the member in service for periods not to extend beyond his or her attainment of age 70 years.
(Ord. 1860, passed 8-16-1965; Ord. 2206, passed 4-13-1970; Ord. 2446, passed 2-7-1974; Ord. 2558, passed 6-14-1976)
(a) Until January 1, 1975, a police officer member shall be separated from City employment on the first day of the calendar month next following the month in which he or she acquires 25 years of credited service or attains age 55 years, whichever is last to occur.
(b) Effective January 1, 1975, a police officer member shall be separated from City employment not later than December 31 of the calendar year in which he or she acquires 25 years of credited service. Upon his or her retirement he or she shall be entitled to a pension as provided in § 35-24.1.
(Ord. 2446, passed 7-1-1974)
(a) Upon his or her retirement, as provided in the retirement plan, a general member shall receive a straight life pension and he or she shall have the right to elect to receive his or her pension under an option provided in § 35-26 in lieu of his or her straight pension.
(b) Except as provided in subsections (c), (d), (e), (f) and (h) hereof, his or her straight life pension shall be equal to 1.5% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service, except as provided in subsections (c) and (d) hereof.
(c) A general member represented by Locals 1603A, 1973 and 825 American Federation of State, County and Municipal Employees, AFL-CIO, a general member allocated to level 22B and below not employed by the Board of Hospital Managers, and effective July 1, 1976, a general member represented by the Public Health Nurses Organization shall receive a straight life pension equal to 2% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service, not to exceed 25 years. Provided, however, effective March 15, 1979, as to a general member allocated to level 22B or below not represented by a recognized bargaining unit and not employed by the Board of Hospital Managers, the pension shall be computed in accordance with subsection (f) hereof.
(d) A general member represented by Local 1600, American Federation of State, County and Municipal Employees, AFL-CIO, shall receive a straight life pension equal to 2% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service, not to exceed 25 years and effective July 1, 1978, the general member shall receive a straight life pension equal to 2.2% of his or her final average compensation multiplied by a number of years, and fraction of a year, of his or her credited service.
(e) A general member represented by Local 1799, American Federation of State, County and Municipal Employees, AFL-CIO, shall receive a straight life pension equal to 2% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service, not to exceed 25 years, and fraction of a year of his or her credited service in excess of 25 years and effective July 1, 1978, the general member shall receive a straight life pension equal to 2.4% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service.
(f) (1) A general member allocated to level 23 and above not represented by a recognized bargaining unit and not employed by the Board of Hospital Managers, persons elected to the City Council, District Judges of the 68th Judicial District, the City Administrator, appointees of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint shall receive a straight life pension equal to 2.2% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service. Effective March 15, 1979, a general member not represented by a recognized bargaining unit and not employed by the Board of Hospital Managers, 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 of the City of Flint shall receive a straight life pension equal to 2.4% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service.
(2) Effective July 1, 1976, the pension herein provided shall be supplemented by increasing the original pension by 2% each year for ten consecutive years so that the increased pension shall be equal to the following percentages based on the original pension: 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 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%. This subsection (2) shall not apply to employees hired or promoted to become an exempt after January 1, 1985.
(g) According to such rules and regulations as the Board of Trustees shall from time to time adopt, any general member who retires before reaching the minimum age at which they can receive an unreduced social security primary insurance amount, may elect to have their straight life pension actuarially equated to provide an increased pension payable until they reach the minimum age at which they can receive an unreduced social security primary insurance amount, and a reduced pension payable thereafter. The increased pension payable until they reach the minimum age at which they can receive an unreduced social security primary insurance amount, shall approximate the sum of the reduced pension payable upon reaching the minimum age at which they can receive an unreduced social security primary insurance amount and the estimated social security primary insurance amount.
(h) A general member employed by the Board of Hospital Managers whose retirement date is effective during the period from May 1, 1985 through December 31, 1985 shall receive a straight life pension equal to 2% of his or her final average compensation multiplied by the number of years, and fraction of a year, of his or her credited service not to exceed 25 years plus 1.5 of his or her final average compensation multiplied by the number of years and fraction of a year of his or her credited service in excess of 25 years.
(i) (1) General members not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers, who were employed in such status on January 4, 1994, and who attained, or will attain, 20 or more years of credit service as of their date of retirement, and who retire between November 1, 1994 and January 15, 1995, will be credited with five additional years of service which may be used for retirement purposes only, including meeting any length of service eligibility requirements, provided that the employee applies for retirement on or before October 15, 1994.
(2) 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 who are appointed by the Mayor pursuant to § 4-401, 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 in Sections 4-202 and 4-203 of the Charter, who were employed in that status on January 4, 1994, and who attained, or will attain, 20 or more years of credited service as of the date of their retirement, and who retire between November 1, 1995 and January 15, 1996, will be credited with five additional years of service which may be used for retirement purposes only, including meeting any length of service eligibility requirements, provided that any such employee applies for retirement on or before October 15, 1994.
(j) (1) General members not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers, and who were employed by the City but not employed by the Board of Hospital Managers on January 4, 1994, and who attained, or will attain, 20 or more years of service as of their date of retirement, and who retire between November 1, 1996 and January 15, 1997, will be credited with five additional years of service which may be used for retirement purposes only, including meeting any length of service eligibility requirements, provided that the employee applies for retirement on or before October 15, 1996.
(2) 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 who are appointed by the Mayor pursuant to § 4-401, 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 in Sections 4-202 and 4-203 of the Charter, who were employed in that status on January 4, 1994, and who attained, or will attain, 20 or more years of service as of the date of their retirement, and who retire between November 1, 1996 and January 15, 1997 will be credited with five additional years of service which may be used for retirement purpose only, including meeting any length of service eligibility requirements, provided that any such employee applies for retirement on or before October 15, 1996.
(k) General members who are not represented by a collective bargaining unit, and who are not employed by the Board of Hospital Managers, may make application between January 15, 1998 and February 15, 1998 to purchase a maximum of 60 months of service credit (generic time) for retirement purposes only, including any minimum length of service or membership requirements, and the credit shall be given only upon payment to the retirement system, no later than February 15, 1998, of a contribution equal to the actuarial present value as of the date of the purchase of the pension payable by the retirement system attributable to the generic time and further if the general member makes timely application to purchase the generic time and further makes timely payment for same, then the general member must retire no later than March 31, 1998.
(l) General members who are to be laid off due to a permanent elimination of the employee’s position and not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers, who were employed in the same status on January 4, 1994, and who will have attained 20 or more years of credit service as of their date of retirement, and who retire between April 23, 2001 and August 31, 2001 may elect to be credited with five additional years of service which may be used for retirement purposes or retirees health care cost contribution purposes only, including meeting any length of service eligibility requirements.
(m) General members who are not represented by a collective bargaining unit may, during the period between April 23, 2001 and August 31, 2001, purchase for the purpose of retirement eligibility and/or retirement benefit computation only, the following: prior military service credit under the formula in effect for the purchase of military service credit as of July 1, 1986. The minimum amount of time for purchase under this subsection shall be 36 months of service. Prior governmental service time with a governmental entity other than the City, layoff time from the City, sick leave without pay from the City, leaves of absence without pay from the City, and/or interim or temporary time with the City. The purchase of generic time by making a contribution equal to the actuarial present value as of the date of the purchase. In addition, during the same time period, any employee not represented by a bargaining unit may make a redeposit of any previously withdrawn employee contribution to the retirement system. The purchase or redeposit shall be computed on the basis of the amount the employee withdrew or the amount the employee would have contributed, in the case of governmental service, layoff time, and/or without pay time, plus 6% interest compounded annually from the relevant date the contribution would have been originally made or date of withdrawal. No employee may purchase or redeposit any time 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 governmental authorities indicating the character of the employment.
(n) No purchase of time shall total a period greater than 84 months of retirement service credit. Employees who are not represented by a collective bargaining unit may accomplish the purchase or redeposit of time in whole or in part by “selling” back to the City accumulated annual and/or sick leave; it being understood that employees retiring on or before August 31, 2001 may sell back accumulated annual and/or sick leave out of their final check.
(o) Any employee who is not represented by a collective bargaining unit who held a position eliminated by reason of layoff prior to April 23, 2001 and who elects to retire on or before August 31, 2001 will have their final average compensation calculated on the basis of the pay rate in effect immediately prior to his or her layoff.
(p) General members who are to be laid off due to a permanent elimination of the employee’s position and who are not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers and who will have attained ten years of service as of the date of the severance may elect to receive a severance payment equal to the employee’s hourly base rate multiplied by 1040 with that severance payment included in the employee’s final average compensation for retirement purposes. The election shall not be effective unless the employee takes a deferred retirement at the same time as the election on or before August 31, 2001. The severance payment must be reimbursed to the City prior to the re-employment of the employee by the City in any capacity.
(q) General members who are to be laid off due to a permanent elimination of the employee’s position and are not represented by a collective bargaining agent in a collective bargaining unit, and not employed by the Board of Hospital Managers, who were employed in the same status on January 1, 2008 and who attained, or will attain, 20 or more years of credited service as of their date of their job elimination, and who retire between June 30, 2008 and October 1, 2008 will be credited with five additional years of service which may be used for retirement purposes only, including meeting any length of service eligibility requirements, provided that any such employee applies for retirement on or before September 1, 2008.
(Ord. 1860, passed 8-16-1965; Ord. 227, passed 4-25-1938; Ord. 2314, passed 2-24-1969; 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. 2453, passed 8-19-1974; Ord. 2457, passed 10-7-1974; Ord. 2473, passed 12-30-1974; Ord. 2543, passed 2-2-1976; 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. 2929, passed 12-19-1984; Ord. 2959, passed 6-24-1985; Ord. 3280, passed 7-25-1994; Ord. 3317, passed 12-20-1995; Ord. 3321, passed 1-8-1996; Ord. 3326, passed 3-11-1996; Ord. 3360, passed 1-12-1998; Ord. 3474, passed 5-29-2001; Ord. 3622, passed 8-23-2004; Ord. 3720, passed 7-14-2008)
(a) (1) For general members not represented by recognized bargaining units and not employed by the Board of Hospital Managers, effective July 1, 1986, pension Option “B” joint and survivor pension as provided in § 35-26, may be selected as “pop-up” options.
(2) The “pop-up” options shall provide that when the named beneficiary dies prior to the retirant, the retirant’s pension shall then be increased to a straight life pension. Provided that if the actuary can provide the necessary tables, the pop-up shall also become effective in the event the named beneficiary is divorced from retirant. Provided, however, that the actuarial tables used in calculating the Options “B” and “C” with pop-up shall be such that there is no increased cost to the City or the retirement system.
(b) For general members not represented by recognized bargaining units and employed by the Board of Hospital Managers, and who are members of the “contributory” program, and who retire after the effective date of this section, pension Option “B” joint and survivor pension and Option “C” modified joint and survivor pension, as provided in § 35-26, may be selected as pop-up options. Provided, that if the actuary can provide the necessary tables, the pop-up shall also become effective in the event the named beneficiary is divorced from the retirant. Provided, however, the actuarial tables used in calculating the Options “B” and “C” with pop-up shall be such that there is no increased cost to the City or the retirement system.
(Ord. 3023, passed 12-17-1986)
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