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On withdrawal from service prior to retirement with less than five years of total service, no benefits shall be payable to the member. On withdrawal from service prior to retirement after five years of service, a member shall receive a refund of three-fourths of the amount of the contributions made by the member without interest. Any such withdrawing member ipso facto forfeits, waives, and relinquishes all accrued rights and benefits in the system, including all credited and creditable service. The Board may in its discretion, regardless of cause, withhold payment of a refund for a period not to exceed one year after receipt of an application for a refund from the member. Any member who has received a refund shall be considered a new member on subsequent reemployment if such a person qualifies for membership under the provision hereof, unless such refund is repaid in accordance with § 32.115(G).
(1999 Lou. Code, § 36.115) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
Any periodic benefits payable under workers' compensation shall reduce dollar-for-dollar the benefits payable under this Pension Fund. Expressly exempt from this section are service retirement benefits and survivor and dependent benefits of a service retiree. In the event of a lump sum payment of workers' compensation benefits, the procedure for payment of pension benefits shall be in an equitable manner as determined by the Board. In the event that the amount of workers' compensation benefits exceed the amount of benefits payable under this Pension Fund, no benefits shall be payable from this Pension Fund. In the event that the amount of workers' compensation benefits are increased or decreased or in the event the benefits are discontinued either because the statutory period has been exhausted or because the member or his or her survivor or dependent ceases to qualify for the benefits, the Board shall recalculate the benefits to which the member or his or her survivor or dependent are entitled. Such recalculation shall be based on the amount of benefits that would have originally been payable had no workers' compensation been payable, adjusted to reflect the workers' compensation offset, if any is applicable at the time of recalculation, and the status of the member or his or her survivor or dependent at the time of recalculation. Any excess benefits paid from the Fund to a member shall be repaid by the member to the Fund.
(1999 Lou. Code, § 36.116) (Lou. Ord. No. 102-1977, approved 10-5-1977; Lou. Am. Ord. No. 210-1979, approved 12-28-1979; Lou. Am. Ord. No. 169-1985, approved 7-12-1985; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
Each active member participating in the Fund shall contribute 6.5% of his or her gross annual salary (not including any state salary supplement). The Director of Finance and Budget is authorized to deduct the amount from the salary of each active member in biweekly installments. Every employee who is a member of the Fund shall be deemed to consent and agree to the deduction from salary as herein provided, and shall receipt for his or her full salary, and payment of the employee of salary less the deduction shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the employee during the period covered by the payment, except as to the benefits herein provided.
(1999 Lou. Code, § 36.117) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 40-1986, approved 2-27-1986; Lou. Am. Ord. No. 165-1986, approved 6-5-1986; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
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