(a) Return to Active Duty.
(1) Conditions for Return to Active Duty. A retired member, whenever retired, may file, with the Chief of the department from which he retired, a written application to be returned to active duty therein only upon the conditions:
(A) Service Retirement and Former Rank. That his original retirement had been pursuant to Section 1304 relating to Service Pensions and had been from the Fire Department while holding a rank no higher than Engineer or from the Police Department while holding a rank no higher than Sergeant; and
(B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of his original retirement had been no longer than three years and he shall be under the age of 55 years; and
(C) Medical Exam. That he satisfactorily had passed a medical examination not more than 30 days prior to the effective date of his original retirement, but the Chief, if the effective date thereof had been prior to May 2, 1969, may waive the condition contained in this subsection.
(2) Subsequent Conditions for Return to Active Duty. The Chief may approve any application only upon the conditions that, after the filing date thereof, the retired member:
(A) Medical Exam. Had passed a medical examination from which it had been determined that he would be capable of performing the duties which would be assigned to him if he were to be returned to active duty, if the determination had been approved or concurred in by the Board; and
(B) Certification. Had certified, in writing, that he had read and understands the provisions of this section and Section 1404 relating to Requests of Reactivated Members of Tier 1 to Become Tier 2 System Member.
(3) Return to Rank at Original Retirement. The Chief, if he were to approve the application, may return the retired member to active duty only in or to a vacant position in the rank held by him at the effective date of his original retirement.
(4) Status of a Reactivated Member of Tier 1. A retired member, if he were to be returned to active duty, thereafter shall be known as a “reactivated member” and, as such:
(A) Privilege, Not An Appointment. His return to active duty shall be a privilege only and not an appointment as a Department Member as provided by Section 1400 relating to Plan Members for the purposes of Tier 2, he shall be on probation for one year from and after the effective date thereof regardless of any other provision of law contained in the Charter or otherwise, and the Chief may terminate his service at any time during such year;
(B) Original Pension Terminated. His pension, granted by reason of his original retirement, shall be terminated by the Board as of the effective date of his return to active duty;
(C) Method of Calculating Years of Service. His service after the effective date of his return to active duty, for the purposes of this Tier 1 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only
(i) the days for which he shall be paid for performing his assigned duties;
(ii) his days of vacation with pay; and
(iii) his regular days off duty with pay,
and one year of such service shall consist of a total of 365 such days;
(D) Years of Service for Purposes of Civil Service and Related Purposes. His aggregate years of service, for the purposes of his eligibility to advancement in accordance with civil service rules and regulations and the payment of his salary and longevity pay or merit pay, shall consist of only his years of service prior to the effective date of his original retirement and his service after the effective date of his return to active duty;
(E) Years of Service for Purposes of Tier 1. His aggregate years of service, for the purposes of this Tier 1 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only his years of service prior to the effective date of his original retirement and his service subsequent to the effective date of his return to active duty. Such service shall be for not less than one year as defined in subsection (a)(4)(C) of this section;
(F) Salary, Longevity, & Merit Pay. He shall be assumed to have a satisfactory standard of service and shall be paid the salary provided for his rank and the longevity pay or merit pay provided for his aggregate years of service as defined in subsection (a)(4)(E) of this section, subject, however, to all provisions applicable to the termination of payment of longevity pay or merit pay;
(G) Payroll Deduction. He shall have deductions made for pension purposes, pursuant to Section 1324 relating to Member Contributions – Tier 1, from his salary and longevity pay or merit pay;
(H) Prohibition of Nonservice Connected Pensions. He never shall be entitled to a subsequent retirement pursuant to Section 1312 relating to Nonservice Connected Disability Pensions and his widow, his minor child or children (hereafter referred to in this subsection as “his child”) or his dependent parent or parents (hereafter referred to in this subsection as “his parent”) never shall be granted a pension pursuant to Section 1316 relating to Nonservice Connected Survivor Pensions;
(I) Allowance of Service Connected Pensions. He shall be entitled to a subsequent retirement pursuant to Section 1310 relating to Service Connected Disability Pensions if he were to become eligible therefor and upon his death, if he theretofore had had such a subsequent retirement, a pension shall be granted pursuant to applicable provisions of Section 1314 relating to Service Connected Survivor Pensions to his widow, (if she shall have been married to him for at least one year prior to the effective date of his original retirement or for at least one year after the effective date of his return to active duty and prior to the effective date of his subsequent retirement), or to his child or to his parent;
(J) Allowance of Service Related Survivor Pension. His widow or his child or his parent, if he were to die while a reactivated member from any cause arising out of or from the performance of his duties, shall be granted a pension pursuant to applicable provisions of Section 1314 relating to Service Connected Survivor Pensions;
(K) Allowance of Survivor Pension Upon Death of Re-activated Member. His widow, (if she shall have been married to him for at least one year prior to the effective date of his original retirement or for at least one year after the effective date of his return to active duty and prior to the date of his death), or his child or his parent, if he were to die while a reactivated member from any cause other than a cause arising out of or from the performance of his duties, shall be granted the same pension she would have received pursuant to applicable provisions of Section 1314 relating to Service Connected Survivor Pensions;
(L) Reinstatement of Original Pension. His pension, granted by reason of his original retirement, if his service were to be terminated during the one year from and after the effective date of his return to active duty for any reason other than by reason of his subsequent retirement pursuant to Section 1310 relating to Service Connected Disability Pensions, shall be reinstated by the Board, as of the effective date of the termination of his service, at the amount of pension which then would have been payable to him if he had not returned to active duty and, upon his death, the pension which shall be granted pursuant to Section 1314 relating to Service Connected Survivor Pensions to his widow (if she shall have been married to him for at least one year prior to the effective date of his original retirement), or to his child or to his parent, shall be calculated upon the salary upon which his pension had been calculated as of the effective date of his original retirement; and
(M) Retirement as Reactivated Member. He shall be entitled to a subsequent retirement pursuant to Section 1304 relating to Service Pensions, based upon his aggregate years of service as defined in subsection (a)(4)(E) and his pension shall be calculated upon a sum equal to the salary upon which his pension had been calculated as of the effective date of his original retirement (hereinafter referred to as “such salary”), plus a percentage of the difference between such salary and his salary as of the effective date of his subsequent retirement, for his years of service subsequent to the effective date of his return to active duty as defined in subsection (a)(4)(C), so that such sum shall be:
(i) such salary plus 20% of such difference for one such year,
(ii) such salary plus 40% of such difference for two such years,
(iii) such salary plus 60% of such difference for three such years,
(iv) such salary plus 80% of such difference for four such years and
(v) such salary plus 100% of such difference for five or more such years or the equivalent of his salary as of the effective date of his subsequent retirement and upon his death, if he previously had had such a subsequent retirement,
the pension which shall be granted pursuant to Section 1314 relating to Service Connected Survivor Pensions to his widow, (if she shall have been married to him for at least one year prior to the effective date of his original retirement or for at least one year after the effective date of his return to active duty and prior to the effective date of his subsequent retirement), or to his child or to his parent, shall be calculated upon the sum upon which his pension had been calculated as of the effective date of his subsequent retirement.
(5) Applicability of Tiers 1 & 2 to Reactivated Members. The provisions of this Tier 1 and of Section 1400 of Tier 2 hereafter shall be construed and applied, as to a reactivated member, his widow, his child and his parent, in accordance with respectively applicable provisions of subsection (a)(4) of this section.
(b) Recall to Active Duty.
(1) Rules for Recall to Active Duty. The Chief shall promulgate rules and set standards as he may deem to be necessary or desirable with respect to recalling a retired member to active duty.
(2) Conditions for Recall to Active Duty. A retired member, whenever retired, shall be eligible to be recalled to active duty in the department from which he retired only upon the conditions:
(A) Service Retirement and Former Rank. That his original retirement has been pursuant to Section 1304 relating to Service Pensions and had been from the Fire Department while holding a rank lower than Fire Chief or from the Police Department while holding a rank lower than Chief of Police;
(B) Certification. That he had certified, in writing, that he had read and understands the provisions of this section; and
(C) Consent to Recall. That he voluntarily had consented to be recalled to active duty.
(3) Limitations on Recall. The Chief may recall a retired member to active duty:
(A) Rank at Retirement. Only in or to a vacant position in the rank held by him at the effective date of his original retirement;
(B) 90 day Limit. For not to exceed 90 days in any one calendar year; and
(C) Status Defined in this Section. The salary, benefits and other terms and conditions of employment of any recalled member shall be as provided under subsections (b)(5) and (b)(6) of this section.
(4) No Recall of Police Exceeding 12 Months Without Loss of Pension. Recall of retired members of the Police Department may be approved for a period in excess of 90 days but not for more than 12 consecutive months, without loss of pension, in which case the salary, benefits and other terms and conditions of employment for recalled police officers shall be established by ordinance.
(5) Status of Recalled Member. A retired member, if he were to be recalled to active duty, thereafter shall be known as a “recalled member” and, as such:
(A) Privilege Only. His recall to active duty shall be a privilege only and the Chief may terminate his service at any time;
(B) Existing Pension Continues. His pension shall be paid during the period of his recall to active duty;
(C) Salary Amount. He shall be paid the salary provided for his rank and the longevity pay or merit pay provided for his aggregate years of service prior to the effective date of his original retirement;
(D) No Contributions Deducted. He shall have no deductions made for pension purposes, pursuant to Section 1324 relating to Member Contributions – Tier 1, from his salary and longevity pay or merit pay; and
(E) No Survivor Pension for Recalled Service. He, his widow, his minor child or children or his dependent parent or parents never shall be entitled to any pension benefits provided by Tier 1 or Tier 2 by reason of his service as a recalled member.
(6) Tier 1 Construed with Recalled Members Rules. The provisions of this Tier 1 hereafter shall be construed and applied, as to a recalled member, his widow, his minor child or children and his dependent parent or parents, in accordance with applicable provisions of subsection (b)(5) of this section.