(A) If a member terminates his employment with the Police or Fire Departments, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following:
(1) With less than ten years of continuous service, refund of the member’s member contributions, plus simple interest, at the rate of 3% per annum payable only upon a written request by the member in a form and manner determined by the Board.
(2) With ten or more years of continuous service:
(a) Provided he does not elect to withdraw his member contributions, the pension benefit accrued to his date of termination, payable commencing at his otherwise earliest normal retirement date, or, effective as of March 12, 1999, his early retirement date with the appropriate early retirement reduction calculated in accordance with § 34.44; or
(b) Refund of the member's member contributions, plus simple interest, at the rate of 3% per annum payable only upon a written request by the member in a form and manner determined by the Board.
(B) Any member of this system, who, for what- ever reason, has his employment with the city as a police officer or firefighter terminated, but who remains with or was previously employed by the city in some other capacity so that his total period of employment with the city is ten years or more, shall have all benefits accrued under this system preserved, provided he does not elect to withdraw his member contributions. The accrued benefits shall be payable at his otherwise normal retirement date, in accordance with the provisions of this system. For purposes of determining normal retirement date under this vesting provision, continuous service shall include all continuous employment with the city as employee as defined in § 34.36, as well as the period of time subsequent to termination as a member of this system. However, the benefits shall not be payable under this system during any period of continued employment by the city. Any amounts attributable to city contributions which are forfeited by reason of non-vested terminations of employment shall remain in the Fund. Any member of this system as of April 15, 1988, who, for whatever reason, has his employment with the city as a firefighter or police officer involuntarily terminated, and who withdraws his member contributions from this fund, but is subsequently reinstated to his position, shall be allowed re-entry into the system in accordance with § 34.38(E), provided that such member shall repay his withdrawn contributions including the 3% interest paid to the member upon separation plus interest thereon, at a rate equal to the interest assumption rate then in effect. Said repayments with interest shall be made within four years of re-employment, but in any event prior to retirement. If member does not buy back into the system prior to retirement, he or she will be treated as a new member for purposes of benefit calculation.
(‘69 Code, § 5-160) (Am. Ord. 1353, passed 9-20-00)
(C) Members entitled to a pension shall not forfeit it upon dismissal from the Department, but shall be retired as prescribed by this subchapter.
(D) In the event a member who has been retired on a pension on account of permanent and total incapacity regains his health and is found, by the medical board designated by the Board of this system, to be in a physical and mental condition to meet the requirements of the Personnel Department for service acceptable to the city, the Board shall order his pension discontinued. He shall then be ordered to resume active service in the Department from which he was retired at the same or similar work as that at which he was employed prior to his disability retirement, or at other work within the limits of the physical or mental capabilities at the current rate of compensation for that classification.
(1) Upon request of the City Manager, the Board shall review the condition of any member receiving a pension for disability and shall submit to the City Manager a report thereon.
(2) If there is substantial evidence that the retired member is capable of performing service acceptable to other police and fire agencies, he shall be ordered to resume active duties or his pension shall be discontinued.
(‘69 Code, § 5-176) (Ord. 557, passed 2-19-81; Am. Ord. 967, passed 9-19-91; Am. Ord. 1014, passed 11-4-92; Am. Ord. 1067, passed 3-16-94; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1480, passed 3-17-04; Am. Ord. 1669, passed 8-4-10; Am. Ord. 1767, passed 1-15-14)