(a) Membership in the fund shall be based on the requirements set forth in Tex. Revised Civil Statutes Article 6243i, § 2.01, provided however, that membership in the fund shall be a condition of employment for all employees who are eligible to be members unless otherwise provided in subsection (a-1).
(a-1) An individual who is eligible to be a member may elect not to become a member of the fund only if all of the following conditions are met.
(1) The individual has, for at least one full pay period prior to making the election, been serving in a position that is part of a class of position that is not eligible to be a member of the fund but that is participating in the city’s social security alternative plan, also known as the FICA alternative plan.
(2) The class of position described in subsection (1) is being eliminated and replaced with a class of position that will be eligible to be a member of the fund.
(3) The contribution rate under the FICA alternative plan for the class of position being eliminated and the contribution rate under the fund for the replacement class of position are the same at the time of the election and will continue to be the same thereafter.
(4) An individual who elects not to become a participating member of the fund shall be required to continue participating in and making contributions to the FICA alternative plan.
(5) An election is offered and may be made no more than once.
(6) The election is required to be and actually is made prior to first date for which a contribution under the fund is schedules to be made for the replacement class of position.
(7) The election is irrevocable.
(b) An individual who fails to make an election or whose attempt to elect does not fully comply with all conditions listed in subsection (a-1) shall become a member of the fund effective as of the first date for which a contribution under the fund is made for the replacement class of position.
(c) If a group I member terminates employment with the city after vesting, takes a refund of contributions, and then returns to service with the city after July 1, 2011, then the group I member will be treated as if he or she was hired after July 1, 2011, even if the member purchases permissive service credits pursuant to § 2.5-4.
(d) If a group I member terminates employment with the city after vesting, does not take a refund of contributions, and then returns to service with the city after July 1, 2011, then the group I member will be treated as if he or she was hired prior to July 1, 2011.
(e) If a group I member terminates employment with the city prior to vesting, and then returns to service with the city after July 1, 2011, then the group I member will be treated as if he or she was hired after July 1, 2011, even if he or she purchases permissive service credits pursuant to § 2.5-4, or failed to take a refund of contributions.
(f) For pension purposes, if a group III member terminates employment with the city after vesting, takes a refund of contributions, and then returns to service with the city after January 1, 2013, then the group III member will be treated as if the group III member was hired after January 1, 2013, even if the group III member purchases permissive service credits pursuant to § 2.5-4.
(g) For pension purposes, if a group III member terminates employment with the city after vesting, does not take a refund of contributions, and then returns to service with the city after January 1, 2013, then the group III member will be treated as if the group III member was hired prior to January 1, 2013.
(h) For pension purposes, if a group III member terminates employment with the city prior to vesting, and then returns to service with the city after January 1, 2013, the group III member will be treated as if the group III member was hired after January 1, 2013, even if the group III member purchases permissive service credits pursuant to § 2.5-4, or failed to take a refund of contributions.
(i) For pension purposes, if a group V firefighter terminates employment with the city after vesting, takes a refund of contributions, and then returns to service with the city after January 10, 2015, then the group V firefighter will be treated as if the group V firefighter was hired after January 10, 2015, even if the group V firefighter purchases permissive service credits pursuant to § 2.5-4.
(j) For pension purposes, if a group V firefighter terminates employment with the city after vesting, does not take a refund of contributions, and then returns to service with the city after January 10, 2015, then the group V firefighter will be treated as if the group V firefighter was hired prior to January 10, 2015.
(k) For pension purposes, if a group V firefighter terminates employment with the city prior to vesting, and then returns to service with the city after January 10, 2015, the group V firefighter will be treated as if the group V firefighter was hired after January 10, 2015, even if the group V firefighter purchases permissive service credits pursuant to § 2.5-4, or failed to take a refund of contributions.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 21510-10-2014, § 1, passed 10-21-2014; Ord. 25225-12-2021, § 1, passed 12-14-2021, eff. 1-1-2022)