§ 22-801.  Leaves of Absence Without Pay.
   (1)   Leaves for ninety (90) days or less. If a member receives approval for a leave of absence without pay for a period of ninety (90) days or less, the member may contribute to the Retirement System for the period of the leave. Upon the Board's receipt of contributions made in accordance with subsections (3) - (6) of this Section, the member will receive credited service for retirement and death benefits as if there had been no leave of absence.
   (2)   Leaves for more than ninety (90) days. If a member receives approval for a leave of absence without pay for a period of more than ninety (90) days, the member may neither contribute to the Retirement System nor accrue credited service for retirement and death benefits for the period of the leave of absence except in the following cases:
      (a)   The member is granted a leave of absence for three (3) years or less because of such member's illness, maternity or injury.
      (b)   The member is granted a leave of absence with respect to which employment protections are required under USERRA or Chapter 73 of Title 51 of the Pennsylvania Consolidated Statutes (51 Pa. C.S. Ch. 73).
      (c)   The member is granted a leave of absence without pay in order to serve as a full-time officer or employee of a union which represents City employees.
      (d)   The member is granted a leave of absence for special education or training.
      (e)   The member is granted a leave of absence to serve in a United Nations International Peacekeeping or Police Mission. 134
   (3)   Basis of member contributions. 135
      (a)   For members of all Plans except Plan 16: If a member makes contributions to the Retirement System for the period of an unpaid leave of absence, the amount of such contribution is based on the member's compensation rate as of the first day of the leave of absence; and the applicable contribution rate during the leave of absence, pursuant to Section 22-902 (Member Contributions). If contributions are made for a leave of absence, the period of the leave is included as credited service for determining retirement and death benefits. Hypothetical earnings for which credited service contributions are paid may be used in calculating final compensation or average final compensation where appropriate.
      (b)   For members of Plan 16:
         (.1)   If a member makes contributions to the Retirement System for the period of an unpaid leave of absence, the amount of such contribution is based on the applicable contribution rate during the leave of absence, pursuant to Section 22-902 (Member Contributions), regardless of whether the member's compensation has exceeded or will exceed the Stacked Hybrid Cap, and a compensation rate calculated as follows: the lesser of (a) the member's actual compensation rate as of the first day of the leave of absence; or (b) the Stacked Hybrid Cap. If contributions are made for a leave of absence, the period of the leave is included as credited service for determining retirement and death benefits. Hypothetical earnings for which credited service contributions are paid may be used in calculating final compensation or average final compensation where appropriate, provided that the sum of such hypothetical earnings plus any such employee's actual compensation for the applicable calendar year shall not exceed the Stacked Hybrid Cap.
         (.2)   Notwithstanding anything else in this Title, with respect to a member of Plan 16 who has been granted a leave of absence (1) because of such member's illness, maternity or injury, or (2) with respect to which employment protections are required under USERRA or Chapter 73 of Title 51 of the Pennsylvania Consolidated Statutes (51 Pa. C.S. Ch. 73), the sum of (i) contributions paid by such member in the applicable calendar year for current service pursuant to Section 22-902, and (ii) contributions paid by such member in the applicable calendar year for such leave of absence pursuant to this subsection 22-801(3)(b), shall not exceed the contributions such member would have paid in the applicable calendar year had he or she been on the active payroll for the period such member was on such unpaid leave of absence. This limitation shall not otherwise affect the purchase of credited service under this Section 22-801 or any other provision of this Title.
      (c)   A member who, in accordance with Civil Service Regulations, receives a leave of absence without pay in order to serve as a full time officer or employee of a union representing only City employees, or to secure special education or training, may continue to make contributions into the Retirement System consistent with the contribution rate applicable to the member pursuant to this subsection 22-801(3), based upon the salary the member would be receiving if the member had not been granted such leave of absence, provided that, with respect to a member of Plan 16, the term salary in this subsection shall mean the lesser of the member's actual salary or the Stacked Hybrid Cap.
   (4)   Time within which to make contributions. 136 If a member makes contributions to the Retirement System for the period of an unpaid leave of absence, other than an unpaid leave of absence which is subject to USERRA, [or] 51 Pa. C.S. Ch. 73, or for service in a United Nations Peacekeeping or Police Mission, the member must complete payments for credited service within ninety (90) days of the last day of the leave of absence. If a member does not complete payments within the prescribed time period, the member will not receive credited service for the period of the leave of absence. Provided, however, that members who file beyond the 90-day deadline may make such purchase by paying the additional interest provided in Section 22-807.
   (5)   Time within which to make contributions for USERRA service or for service in a United Nations Peacekeeping or Police Mission. 137 If a member makes contributions to the Retirement System for a period of unpaid leave of absence and such leave of absence is subject to USERRA or 51 Pa. C.S. Ch. 73, or the leave of absence was taken to serve in a United Nations Peacekeeping or Police Mission, the member must complete the payments for credited service on or before the earlier of:
      (a)   a period which is three times the duration of such leave of absence; or
      (b)   five years.
   If a member does not complete the required payments within the prescribed time period, the member will receive credited service for purposes of calculating retirement, death and disability benefits under Chapters 22-300, 22-400 and 22-500, respectively, in an amount equal to that portion of the required payments which is made within the prescribed time period. The member will receive credited service for purposes of determining vested status regardless of whether such payments are completed within the prescribed time period. Provided, however, that if a member does not complete the required payments within the prescribed time period, the member may purchase service credit for the remaining leave of absence service by paying the required payments, plus the additional interest provided in Section 22-807.
   (6)   Payment of contributions after death of member. If a member has not completed payment for the purchase of credited service for an unpaid leave of absence and dies within ninety (90) days after the last day of the leave of absence, the member's credited service will include the leave of absence only if the deceased member's beneficiary completes such payments within ninety (90) days of the member's death. If the beneficiary does not complete such payments within ninety (90) days of the member's death, no credited service will be granted for the period of the deceased member's leave of absence.

 

Notes

134
   Added, Bill No. 010595 (approved February 27, 2002). Section 2 of Bill No. 010595 reads as follows: "This Ordinance shall apply to leaves of absence which began on or after January 13, 1999."
135
   Amended, Bill No. 161013 (approved December 9, 2016).
136
   Added, Bill No. 010595 (approved February 27, 2002). Section 2 of Bill No. 010595 reads as follows: "This Ordinance shall apply to leaves of absence which began on or after January 13, 1999."
137
   Added, Bill No. 010595 (approved February 27, 2002). Section 2 of Bill No. 010595 reads as follows: "This Ordinance shall apply to leaves of absence which began on or after January 13, 1999."