(a) Any member of the Waterworks Department who is entitled to a retirement pension hereunder, and who has been in the honorable service of such Department for twenty years, may upon written application to the Board of Trustees, be retired from all service in such Department without medical examination or disability; and on such retirement the Board of Trustees shall authorize the payment of annual retirement pension benefits commencing upon his retirement or upon his attaining the age of fifty years, whichever is later, payable in twelve monthly installments for each year of the remainder of his life, in an amount equal to sixty percent (60%) of such member's average annual salary or compensation received during the three twelve-consecutive- month periods, not necessarily consecutive. Each of such three periods beginning with the same calendar month of different years and all such three periods falling within the member's final five years of employment with the Department, in which such member received his highest salary or compensation while a member of the Department, or an amount of three hundred dollars ($300.00) per month, whichever is greater.
(b) Any member of the Department who is entitled to a retirement pension under the provisions of subsection (a) hereof and who has been in the honorable service of the Department for more than twenty years at the time of his retirement, as herein provided, shall in addition to the sixty percent (60%) authorized in subsection (a), receive one additional percent (1%) to be added to the sixty percent (60%) for each year served in excess of such twenty years, up to a maximum of ten additional percent (10%).
(c) Any member of the Department whose service has been interrupted by duty with the Armed Forces of the United States as provided in West Virginia Code 8-22-27 prior to July 1, 1981 shall be eligible for retirement pension benefits immediately upon retirement, regardless of his age, if he is otherwise eligible for such retirement pension benefits.
Any member of the Department who has served in active duty with the Armed Forces of the United States as described in West Virginia Code 8-22-27, whether prior to or subsequent to becoming a member of the Department covered by the provisions of this article, shall receive, in addition to the sixty percent (60%) authorized in subsection (a) hereof and the additional percent credit authorized in subsection (b) hereof, one additional percent (1%) per each year so served in active military duty, up to a maximum of four additional percent (4%). In no event, however, may the total benefit granted to any member exceed seventy-five percent (75%) of the member's annual average salary calculated in accordance with subsection (a) hereof.
(d) Any member of the Waterworks Department shall be retired at the age of sixty-five years in the manner provided in this subsection if such member is a participant in the Waterworks Pension Fund. When a member of the Waterworks Department has reached the age of sixty-five years, the Board of Trustees shall notify the Mayor of this fact within thirty days of such member's sixty-fifth birthday; and the Mayor shall cause such sixty-five-year-old member of the Waterworks to be retired within a period of not more than thirty additional days. Upon retirement under the provisions of this subsection (d) such member shall receive retirement pension benefits payable in twelve monthly installments for each year of the remainder of his life, in an amount equal to sixty percent (60%) of such member's average annual salary or compensation received during the three twelve-consecutive-month periods, not necessarily consecutive, each of such three periods beginning with the same calendar month of different years and all such three periods falling within the member's final five years of employment with such Department, in which such member received his highest salary or compensation while a member of the Department or an amount of two hundred dollars ($200.00) per month, whichever is greater, and if such member has been employed in such Department for more than twenty years, the provisions of subsection (a) hereof shall apply.
(e) It shall be the duty of each member of the Waterworks Pension Fund to furnish the necessary proof of his date of birth to the Board of Trustees, within a reasonable length of time, such length of time to be determined by the Board of Trustees; and then the Board of Trustees and the Mayor shall proceed to act in the manner provided in subsection (d) hereof and shall cause all members of the Waterworks Pension Fund who are over the age of sixty-five years to be retired in not less than sixty days from the date this article is established. Upon retirement under the provisions of this subsection (e), such member, whether he has been employed in the Department for twenty years or not shall receive retirement pension benefits payable in twelve monthly installments for each year of the remainder of his life, in amount equal to sixty percent (60%) of such member's average annual salary or compensation received during the three twelve- consecutive-month periods, not necessarily consecutive, each of such three periods beginning with the same calendar month of different years and all such three periods falling within the member's final five years of employment with the Department in which such member received his highest salary or compensation while a member of the Department, or an amount of two hundred dollars ($200.00) per month, whichever is greater, and if such member has been employed in the Department for more than twenty years, the provisions of subsection (b) hereof shall apply.
(Ord. 0-355. Passed 12-11-84.)