§ 33.133 SPECIAL PROVISIONS REGARDING MEMBERS IN MILITARY SERVICE.
   (A)   Any member of this system created by this subchapter who enlists, or any such member who is involuntarily called into active service of the military with any branch of the Army of the United States, the United States Navy, United States Air Force, the United States Marine Corps, or the United States Coast Guard, shall be entitled to preserve all rights and privileges under this subchapter. However, any such member who becomes disabled or dies while in the military service shall not be entitled to service-incurred disability or service incurred death benefits, except as may otherwise be required by federal law to maintain qualified status under the Internal Revenue Code.
   (B)   The period of active military service shall, for the purposes of computation to determine whether such member may be entitled to retirement under this subchapter, be deemed continuous service in the Police Department of the city and shall be credited as part of such actual service; provided that any military service served after one year from the date hostilities cease, shall not be considered creditable pension time unless the member satisfactorily proves to the Board of Trustees that such military service was compulsory and not voluntary on his part; and provided further, that credit for military service during time other than when the United States is at war or in a state of national emergency shall be limited to a maximum of five years.
   (C)   A member of the Police Department shall be entitled to up to five years credit for service in the armed forces under certain conditions:
      (1)   He or she must have been in the active employ of the city as a member of the Department prior to such service and leaves a position, other than a temporary position, for the purpose of voluntary or involuntary service in the armed forces.
      (2)   He or she is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act.
      (3)   He or she returns to his or her employment as a Police Officer within one year after he or she is released from active duty in the military service. He or she shall be reinstated by the Police Department of the city to such position or a position of like seniority, status and pay, and shall not be penalized in any way for such military service.
(Ord. O-91-82, passed 11-20-91; Am. Ord. O-2007-15, passed 6-20-07; Am. Ord. O-2009-29, passed 9-16-09)