(a) (1) For credited service earned prior to October 1, 2013, earnings shall mean the amount actually paid to a group III member by the city for services rendered to the city during the calendar year, plus overtime, acting, assignment, holiday, longevity, educational incentive, safety award, incentive and shift differential pay, as reported on the group III member’s W-2 form. Earnings shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits), beginning for such amounts received by group III members on or after January 1, 2006, so long as required by law. Regardless of the fact that the following payments may be shown on a group III member’s W-2 form, earnings shall not include:
a. Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
b. Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
c. Any award by a court, administrative body or settlement agreement in excess of earnings; and
d. Any amount paid to a group III member for which the city does not contribute to the fund under § 2.5-3(b).
(2) A group III member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group III member during the calendar year added to earnings reported on the group III member’s W-2 form to arrive at total earnings for fund matters. Mandatory group III member contributions that are picked-up by the city and excluded from a group III member’s W-2 form shall also be included as part of earnings. Notwithstanding the foregoing, earnings in excess of $200,000, if any (or such other amounts as may be determined by taking into account the cost of living adjustment provided under § 401(a)(17) of the code) shall be disregarded for all purposes of this definition of earnings. Notwithstanding the preceding provisions of this definition of earnings, earnings shall not include any amounts paid following a group III member’s effective DROP election.
(b) (1) For credited service earned on or after October 1, 2013, earnings shall mean the amount actually paid to a group III member by the city for services rendered to the city during the calendar year, plus acting, assignment, holiday, longevity, educational incentive, safety award, incentive and shift differential pay, as reported on the group III member’s W-2 form. Earnings shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits), beginning for such amounts received by group III members on or after January 1, 2006, so long as required by law. earnings shall not include any amount received as a result of overtime. Regardless of the fact that the following payments may be shown on a group III member’s W-2 form, earnings shall not include:
a. Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
b. Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
c. Any award by a court, administrative body or settlement agreement in excess of earnings; and
d. Any amount paid to a group III member for which the city does not contribute to the fund under § 2.5-3(b).
(2) A group III member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group III member during the calendar year added to earnings reported on the group III member’s W-2 form to arrive at total earnings for fund matters. Mandatory group III member contributions that are picked-up by the city and excluded from a group III member’s W-2 form shall also be included as part of earnings. Notwithstanding the foregoing, earnings in excess of $200,000, if any (or such other amounts as may be determined by taking into account the cost of living adjustment provided under § 401(a)(17) of the code) shall be disregarded for all purposes of this definition of earnings. Notwithstanding the preceding provisions of this definition of earnings, earnings shall not include any amounts paid following a group III member’s effective DROP election.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)