The provisions of this section shall not apply to a Tier 2 member. In the event that a city employee changes his or her job status with the city such that he or she is considered a Firefighter pursuant to § 33.035, he or she may become a member of the Firefighters' pension system subject to the following rules:
(A) "Date of transfer" shall be the date when the change in job status occurs such that he or she is considered to be a Firefighter pursuant to § 33.035.
(B) A Firefighter's total retirement benefits shall consist of a combination of the following:
(1) Benefits payable by the previous plan. The Firefighter's accumulated contributions, if any, shall remain funds of the previous plan. The Firefighter's retirement benefit payable from the previous plan shall be calculated by using benefit percentage rates and his or her credited service as of the date of transfer, and the greater of his or her compensation as of the date of his or her termination of employment or as of the date of transfer. This benefit shall be payable commencing on the Firefighter's normal retirement date pursuant to the Firefighter's pension system. The transferred employee shall not be eligible for any other benefits from the previous plan.
(2) Benefits payable by the Firefighters' pension system. For purposes of determining eligibility for retirement benefits under the Firefighters' pension system, the member'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 Firefighters' pension system, excluding death and disability benefits, only service following the date of transfer shall be included. For purposes of determining the amount of any death or disability benefits payable under the Firefighters' pension system, credited service both prior to and after the date of transfer shall be included.
(C) In the event that a city employee who is a member of the Firefighters' pension system is no longer considered a Firefighter pursuant to § 33.035, the rules regarding his or her 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, a member has transferred from one retirement plan sponsored by the city to another and had thereby lost credit under the previous plan for his or her service prior to the date of transfer, his or her 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 the previous plan that amount of his or her contributions that he or she received from the previous plan due to his or her transfer to another plan within the city. The employee will have 60 days to exercise this option. He or she 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 (D)(2) above.
(Ord. O-2010-30, passed 7-21-10; Am. Ord. O-2011-26, passed 9-7- 11; Am. Ord. O-2019-08, passed 3-20-19)