(a) The City shall, as of June 30 of any year, terminate the employment of any member who has reached the age of seventy years. However, in the event of extreme hardship, an individual who has reached the age of seventy or more years may be permitted to continue as an employee if, prior to June 30 of each year, the employee presents the certification of a licensed physician, who is mutually acceptable to the City and the employee, stating that the employee is physically and mentally competent to perform the duties of the particular position which he or she occupies. The physician shall be supplied with the current job description in order to state the employee's fitness to perform his or her duties. If the City deems necessary, the City can require a second opinion from a physician of the City's choice and at the City's expense.
(Ord. 236-02. Passed 7-15-02.)
(b) At retirement or upon death while employed by the City, payment shall be made for the following:
(1) Unused vacation time, consisting of any vacation leave earned in the prior calendar year but not yet used and, on a pro rata basis, vacation leave earned during the current year;
(2) Accumulated overtime; and
(3) If the employee has completed ten or more years of service, one-fourth the value of his or her accrued but unused sick leave credit, provided, however, that the aggregate value of payments made by the City for unused sick leave shall not exceed the value of thirty days of sick leave. For purposes of this paragraph (b)(3), a "day of sick leave" shall be computed as follows:
A. On the basis of a forty-hour week for within rank members of the Division of Police, yielding a maximum payment of the value of 240 hours;
B. On the basis of a forty-hour week for Department of Public Service employees, yielding a maximum payment of the value of 240 hours;
C. On the basis of a thirty-five hour week for City Hall employees, yielding a maximum payment of the value of 210 hours;
1. On the basis of a forty-hour week for the Chief, Assistant Chief and Fire Inspectors, within the Division of Fire, yielding a maximum payment of the value of 240 hours;
2. On the basis of a fifty-four hour week for within rank members of the Division of Fire originally appointed on or after January 1, 1968, other than those identified in paragraph (b)(3) D.1. hereof, yielding a maximum payment of the value of 324 hours;
3. On the basis of a twenty-four hour day for within rank members of the Division of Fire originally appointed prior to January 1, 1968, other than those identified in paragraph (b)(3) D.1. hereof, yielding a maximum payment of the value of 720 hours.
Payments shall be included in the last paycheck due the employee prior to the last official day of work in the case of retirement and, in the case of death, in the last paycheck due the employee.
(c) With respect to an elected official of the City who may have accrued retirement benefits under some retirement or pension fund, other than the Public Employees Retirement System, if such elected official is, in any calendar year, about to exercise retirement rights under such other retirement system, and if it will be to his or her financial benefit to do so, such elected officer may, at any time during that calendar year and on a one-time only basis, elect to receive payment of the balance of the salary due him or her from the City for that calendar year or the remainder thereof. Upon being notified by any elected official that he or she is exercising his or her option hereunder, the Auditor and Treasurer of the City are hereby authorized and directed to issue payment of the balance of the salary due for that calendar year. This benefit is conditioned upon the proviso that, should such elected official, for any reason, fail to remain in office through the calendar year in question, the prorated amount of salary advance to the official shall remain a debt to the City payable by such official or his or her estate or chargeable against his or her bond.
(Ord. 244-84. Passed 2-4-85.)