(a) Rules for Recall to Active Duty. The Appointing authority of the department shall promulgate rules and set standards as he or she may deem necessary or desirable with respect to recalling a Retired Tier 6 Member to active duty.
(b) Conditions for Recall to Active Duty. A Retired Tier 6 Plan Member, whenever retired, shall be eligible to be recalled to active duty in the department from which he or she retired only upon the following conditions:
(1) Service Retirement and Former Rank. That his or her original retirement had been pursuant to Section 1705 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 or from the Harbor Department while holding a rank lower than Port Warden;
(2) Certification. That he or she had certified, in writing, that he or she had read and understands the provisions of this section; and
(3) Consent to Recall. That he or she voluntarily consented to be recalled to active duty.
(c) Limitations on Recall. The Appointing Authority may recall a retired member to active duty:
(1) Rank at Retirement. Only in or to a vacant position in the rank held by him or her at the effective date of his or her original retirement;
(2) 90 Day Limit. For not to exceed 90 days in any one calendar year; and
(3) Status defined in the Section. The salary, benefits and other terms and conditions of employment of any recalled member shall be provided under Subsections (e) and (f) of this section.
(d) 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 the recalled police officers shall be established by ordinance. After a Retired Tier 6 Plan Member has been recalled under this provision for a period in excess of 90 days, he or she may not be recalled again under this provision until at least six months have passed since the date he or she last served under the prior recall.
(e) Status of Recalled Members. A retired member if he or she were to be recalled to active duty, thereafter shall be known as a "recalled member" and as such:
(1) His or her recall to active duty shall be a privilege only and the Appointing Authority may terminate his or her service at any time;
(2) His or her pension shall be paid during the period of his or her recall to active duty;
(3) He or she shall be paid the salary provided for his or her rank and the longevity pay or merit pay provided for his or her aggregate years of service prior to the effective date of his or her original retirement;
(4) He or she shall have no deductions made for pension purposes, pursuant to Section 1714 related to member contributions to Tier 6, from his or her salary and longevity pay or merit pay; and
(5) He or she, the surviving spouse or domestic partner, minor child or children or dependent parent or parents never shall be entitled to any pension benefits provided by this Tier by reason of his or her service as a recalled member.
(f) Tier 6 Construed with Recalled Member Rules. The provisions of this Tier 6 shall be construed and applied, as to a recalled member, his or her surviving spouse or domestic partner, minor child or children and dependent parent or parents, in accordance with the respective applicable provisions of subsection (e) of this section.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Amended by: Subsec. (b)(1), Charter Amendment SSS § 21, approved November 8, 2016, effective December 15, 2016.