§ 22-201.  Membership Upon Employment.
   (1)   Employees first hired before January 8, 1987. 33 All employees who were hired, rehired or first elected before January 8, 1987, shall be members of Plan D, Plan J or Plan X of the Retirement System, except to the extent that they are afforded other options pursuant to Section 22-203 (Membership After Reemployment) or are Police or Fire employees covered by subsection (3). Of these employees:
      (a)   All municipal employees are members of Plan J which covers members of the Municipal Division Old, except:
         (.1)   an employee appointed to a part-time or nonsalaried position with a board or commission and who was not a compensated member of such board or commission on May 18, 1978.
      (b)   All police employees are members of Plan D which covers members of the Police Division Old.
      (c)   All fire employees are members of Plan X which covers members of the Fire Division Old.
   (2)   Employees hired or rehired on or after January 8, 1987. All employees who are hired, rehired, or first elected on or after January 8, 1987, shall be members of Plan A, Plan B, Plan L, or Plan Y of the Retirement System, except to the extent that they are afforded other options pursuant to Section 22-203 (Membership After Reemployment) or are Police or Fire employees covered by subsection (3) or (5), or are municipal employees covered by subsection (4), (5), (6), (7), or (8) or are elected officials covered by subsection (5). Of these employees: 34
      (a)   All Municipal Employees are members of Plan Y which covers members of the Municipal Division New as soon as they are employed by the City, except the following:
         (.1)   All employees appointed to part-time or nonsalaried positions on boards and commissions of the City on or after January 8, 1987.
         (.2)   All temporary employees hired for six (6) months or less. A temporary employee is not a member of the Retirement System, does not pay contributions to the Retirement System for temporary service, and does not accrue credit for temporary service.
         (.3)   All persons who are grant program participants with respect to whom the payment of Retirement System contributions from federal or state grant funds would violate 20 C.F.R. § 641.565(b)(2)(iii)(A), or a similar provision. Such grant program participants are not members of the Retirement System, do not pay contributions to the Retirement System for their service in the grant program, and do not accrue credit for service in the grant program. 35
      (b)   All Police Employees are members of Plan B which covers members of the Police Division New as soon as they are employed by the City.
      (c)   All Fire Employees are members of Plan A of the Fire Division New as soon as they are employed by the City.
      (d)   All elected officials are members of Plan L of the Elected Official Division as soon as they take office.
   (3)   Police and Fire Employees first hired between January 8, 1987 and June 30, 1988.
      (a)   All Police Employees first hired between January 8, 1987 and June 30, 1988 are members of Plan D, which covers members of the Police Division Old.
      (b)   All Fire Employees first hired between January 8, 1987 and June 30, 1988 are members of Plan X, which covers members of the Fire Division Old.
   (4)   Municipal employees first hired between January 8, 1987 and October 1, 1992. 36
      (a)   A municipal employee first hired between January 8, 1987 and October 1, 1992 and represented by AFSCME District Council 47 Local 2186 or Local 2187 or AFSCME District Council 33 is a member of Plan J, which covers members of the Municipal Division Old, provided that such employee contribute to the Retirement System an amount equal to the difference between the contribution that the employee has previously made to the Retirement System, and what the employee contribution would have been under Plan J during the term of the employee's employment.
      (b)   The employee must either pay to the Retirement System the full amount calculated by the Board under this subsection (4) or make such arrangements to pay such amount under an installment plan pursuant to Section 22-806 (Installment Payments).
   (5)   Employees hired or rehired or assuming elected office on or after January 1, 2010. All employees who 37
      (a)   either
         (.1)   are police or fire employees; or
         (.2   are represented by Lodge 5 of the F.O.P. and are employees of the Sheriff's Office or of the Register of Wills; or
         (.3)   are represented by AFSCME, District Council 47, or AFSCME, District Council 33; or
         (.4)   are municipal employees not represented by a union or are elected officials;
      and who
      (b)   are hired or rehired or first elected during the period set out below in subsections (.1) through (.11) are members of Plan '10 immediately upon employment by the City or upon taking office, except to the extent that they are afforded other options pursuant to Section 22-203 (Membership After Reemployment) or unless, within thirty (30) days of employment, the employee (except an employee who either (.1) is represented by Lodge No. 5 of the F.O.P. and is an employee of the Register of Wills or (.2) is a guard represented by DC33) makes an irrevocable election to become a member of Plan A or B or Y or L, as applicable. 38
         (.1)   For police employees: On or after January 1, 2010.
         (.2)   For fire employees: On or after October 15, 2010.
         (.3)   For employees of the Sheriff's Office or of the Register of Wills not represented by Lodge 5 of the F.O.P.: On or after January 1, 2012. 39
         (.4)   For employees represented by AFSCME, District Council 47: From March 5, 2014 through December 31, 2018. 40
         (.5)   For municipal employees in the civil service not represented by a union: From May 14, 2014 through December 31, 2018. 41
         (.6)   For employees represented by AFSCME, District Council 33, other than guards represented by DC33 or OHCD employees: From September 9, 2014, through August 19, 2016.
         (.7)   For guards represented by DC33: From November 14, 2014, through August 19, 2016.
         (.8)   For municipal employees not in the civil service and not represented by a union: From November 14, 2014 through December 31, 2018. 42
         (.9)   For elected officials: On or after November 14, 2014.
         (.10)   For OHCD employees: From December 1, 2015, through August 19, 2016. 43
         (.11)   For employees represented by Lodge 5 of the F.O.P. who are employees of the Sheriff's Office or of the Register of Wills: From January 1, 2012, through the day before the effective date of the ordinance adding this subsection (.11). 44
   (6)   Employees represented by AFSCME District Council 33 first hired or rehired on or after August 20, 2016. All employees represented by AFSCME District Council 33 hired or rehired on or after August 20, 2016 shall be members of Plan 16 of the Retirement System, except to the extent that they are afforded other options pursuant to Section 22-203 (Membership After Reemployment). 45
   (7)   Employees represented by Lodge 5 of the F.O.P. who are employees of the Sheriff's Office or the Register of Wills first hired or rehired on or after the effective date of the ordinance adding this subsection (7). All employees represented by Lodge 5 of the F.O.P. who are employees of the Sheriff's Office or the Register of Wills hired or rehired on or after the effective date of the ordinance adding this subsection (7) shall be members of Plan 16 of the Retirement System, except to the extent that they are afforded other options pursuant to Section 22-203 (Membership After Reemployment). 46
   (8)   Municipal employees not represented by a union and employees represented by AFSCME District Council 47 first hired or rehired on or after January 1, 2019. Municipal employees not represented by a union and employees represented by AFSCME District Council 47 first hired or rehired on or after January 1, 2019, shall be members of Plan 16 of the Retirement System, except to the extent that they are afforded other options pursuant to Section 22-203 (Membership After Reemployment). 47

 

Notes

33
   Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
34
   Amended, Bill No. 100286 (approved June 23, 2010). See note 4 for effective date provisions. Amended, Bill No. 110836-A (approved December 21, 2011). Amended, Bill No. 140743 (approved November 14, 2014). See note 28 for effective date provisions. Amended, Bill No. 161013 (approved December 9, 2016); amended, Bill No. 180557-A (approved June 21, 2018); amended, Bill No. 180599-A (approved June 21, 2018). See note 5 for effective date provisions.
35
   Added, Bill No. 120915 (approved January 14, 2013).
36
   Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
37
   Added, Bill No. 100286 (approved June 23, 2010). See note 4 for effective date provisions. Amended, Bill No. 100780 (approved February 9, 2011). See note 4 for effective date provisions. Amended, Bill No. 110836-A (approved December 21, 2011); amended, Bill No. 140205 (approved May 14, 2014). Section 2 of Bill No. 140205 provides that the ordinance shall be effective as follows: (1) with respect to members of AFSCME, District Council 47, retroactive to March 5, 2014; (2) in all other respects, immediately. Amended, Bill No. 140741 (approved November 14, 2014). See note 23 for effective date provisions. Amended, Bill No. 140743 (approved November 14, 2014). See note 28 for effective date provisions. Amended, Bill No. 150720 (approved December 1, 2015); amended, Bill No. 161013 (approved December 9, 2016).
38
   Amended, Bill No. 161013 (approved December 9, 2016); amended, Bill No. 180557-A (approved June 21, 2018).
39
   Amended, Bill No. 180557-A (approved June 21, 2018).
40
   Amended, Bill No. 180599-A (approved June 21, 2018). See note 5 for effective date provisions.
41
   Amended, Bill No. 180599-A (approved June 21, 2018). See note 5 for effective date provisions.
42
   Amended, Bill No. 180599-A (approved June 21, 2018). See note 5 for effective date provisions.
43
   Enrolled Bill No. 150720 designated this as subsection (i); renumbered, and internal cross-reference renumbered, by Code editor.
44
   Added, Bill No. 180557-A (approved June 21, 2018).
45
   Added, Bill No. 161013 (approved December 9, 2016).
46
   Added, Bill No. 180557-A (approved June 21, 2018).
47
   Added, Bill No. 180599-A (approved June 21, 2018). See note 5 for effective date provisions.