§ 33.137 COORDINATION OF PENSION BENEFITS.
   In the event that a city employee changes his or her job status with the city such that he or she is considered a member pursuant to this subchapter, he or she may become a member of the system subject to the following rules:
   (A)   Date of transfer shall be the date when the change in job status occurs such that he is considered a member pursuant to this subchapter.
   (B)   A member's total retirement benefits shall consist of a combination of the following:
      (1)   Benefits payable by the previous plan. The member's accumulated contributions, if any, shall remain funds of the previous plan. The member's retirement benefit payable from the previous plan shall be calculated by using benefit percentage rates and his credited service as of the date of transfer, and the greater of his salary as of the date of his termination of employment or as of the date of transfer. This benefit shall be payable commencing on the member's normal retirement date pursuant to the system. The transferred employee shall not be eligible for any other benefits from the previous plan.
      (2)   Benefits payable by the system. For purposes of determining eligibility for retirement benefits under the system, the employee's credited service prior to and after the date of transfer shall be included. For purposes of determining the amount of benefits payable under the system, excluding death and disability benefits, only service following the date of transfer shall be included, and, effective June 7, 2006, the maximum amount of service for which the employee shall be credited under the system is that amount of service that would result in total credited service of 22 years under the previous plan and the system. For purposes of determining the amount of any death or disability benefits payable under the system, credited service both prior to and after the date of transfer shall be included, and, effective June 7, 2006, the maximum amount of such service that shall be included is 22 years. Anything to the contrary herein notwithstanding, a member's accrual rate shall not be less than 2% per year of continuous service.
   (C)   In the event that a city employee who is a member of the system is no longer considered an employee pursuant to this subchapter, the rules regarding his transfer to another retirement plan sponsored by the city shall be as set forth above, provided such other plan has appropriate language to accept transfers on the same basis.
   (D)   If, prior to the date when this language regarding transferred employees becomes effective, an employee had transferred from one retirement plan sponsored by the city to another and had thereby lost credit under the previous plan for his service prior to the date of transfer, his credited service under the previous plan shall be restored under the following conditions:
      (1)   The person must be an employee of the city on the date this language becomes effective.
      (2)   Upon notification, the employee must repay to the previous plan that amount of his contributions that he received from the previous plan due to his transfer to another plan within the city. The employee will have 60 days to exercise this option. He will be given one year to repurchase every two years of prior service.
      (3)   All previous contributions must be repaid prior to the employee's retirement to be eligible for any benefit under the previous plan.
      (4)   Upon satisfaction of these conditions, the employee will be credited with service in each plan as indicated in division (B) hereof.
   (E)   Effective October 1, 2009, the provisions of this section shall no longer apply to benefits with the General Employees Retirement Plan.
(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)