§ 39.205  PAYOUT AT RETIREMENT OR RESIGNATION IN GOOD STANDING.
   (a)   If the employee is represented by a bargaining unit which has entered into an agreement with the city concerning sick leave payout at retirement or resignation in good standing, the terms of the agreement will govern.
   (b)   Payout for all employees except fire shift midmanagement employees shall be as follows.
      (1)   The mayor, and any appointive officer and employee, general midmanagement, classified, 40-hour fire midmanagement and police midmanagement employee originally hired prior to December 31, 1983, with an accumulated sick leave balance of 528 hours or more upon retirement from the city service shall be paid sick leave as follows. The first 528 earned sick leave hours shall be paid at the rate of one-half the earned value of the employee’s accrued sick leave. Earned sick leave in excess of the first 528 hours will be paid at the full earned value up to a maximum of the sum equal to two months current pay. Any additional sick leave balance remaining shall be paid at the rate of one-half the earned value of the employee’s accrued sick leave. However, for purposes of this subchapter, the earned value of sick leave accrued on or before December 31, 1983, shall be equal to the employee’s highest 1983 wages; and the earned value of sick leave accrued after December 31, 1983, shall be equal to the rate of pay at which the sick leave was accrued. These amounts shall be paid in a lump sum included with the employee’s final check for active service. This benefit may not be used to increase length of service for retirement purposes. In case of death while in the service of the city, the employee’s beneficiary shall be paid in a valued lump sum for sick leave accumulated, up to the date of death, under the provisions prescribed for retirement.
      (2)   Any employee class named in this section hired after December 31, 1983, who has accumulated a base amount of sick leave equal to or greater than 48 hours times the number of years employed by the city shall upon retirement or resignation in good standing from the city or death while in the service of the city be entitled to receive one-fourth of his or her accrued sick leave bank hours paid at the date of retirement or separation at current pay. In case of death while in service of the city, the employee’s beneficiary, if the employee has qualified as set out in the preceding sentence, shall be entitled to receive one-fourth of the employee’s accrued sick leave bank hours paid at the employee’s rate of pay at the date of death.
   (c)   Payout for fire shift midmanagement employees shall be as follows.
      (1)   Any fire shift midmanagement employee originally hired prior to December 31, 1983, with an accumulated sick leave balance of 720 hours or more, upon retirement from city service, shall be paid sick leave as follows. The first 720 earned sick leave hours shall be paid at the rate of one-half of the earned value of the employee’s accrued sick leave. Earned sick leave in excess of the first 720 hours will be paid at the full earned value, up to a maximum of a sum equal to two months’ current pay. Any additional sick leave balance remaining shall be paid at the rate of one-half of the earned value of the employee’s accrued sick leave. However, for purposes of this subchapter, the earned value of sick leave accrued on or before December 31, 1983, shall be equal to the employee’s highest 1983 wages; and the earned value of sick leave accrued after December 31, 1983, shall be equal to the rate of pay at which the sick leave accrued. These amounts shall be paid in a lump sum and included with the employee’s final check for active service. This benefit may not be used to increase length of service for retirement purposes. In case of death while in service of the city, the employee’s beneficiary shall be paid in a valued lump sum for sick leave accumulated, up to the date of death, under the provisions prescribed for retirement.
      (2)   Any fire shift midmanagement employee originally hired after December 31, 1983, who has accumulated a base amount of sick leave equal to or greater than 72 hours times the number of years employed by the city shall upon retirement from the city, resignation in good standing or death while in the service of the city be entitled to receive one-fourth of his or her accrued sick leave bank hours paid at the date of retirement or separation at current pay. In case of death while in the service of the city, the employee’s beneficiary, if the employee has qualified as set out in the preceding sentence, shall be entitled to receive one-fourth of the employee’s accrued sick leave bank hours paid at the employee’s rate of pay at the date of death.
   (d)   (1)   If the employee’s employment with the city is separated prior to eligibility to receive retirement benefits payments, and the employee elects to defer retirement benefits, the payment of sick leave benefits as defined above shall be made as part of the employee’s final pay at the time of separation. If, after receiving the sick leave payment at time of deferral, the employee withdraws his or her contributions to the pension plan, the amount paid for sick leave at the time of deferral shall be deducted from the amount contributed to the pension plan, prior to the payment of these contributions.
      (2)   If an employee defers retirement benefits, any reference made to the employee’s rate of pay at date of retirement in this subchapter means the employee’s rate of pay as of the last day of active employment with the city prior to deferral of retirement benefits.
(1957 Rev. Ords., § 3.206; 1992 Code, § 30-159)  (Ord. 2686, passed 6-15-1970; Ord. 18-74, passed 5-6-1974; Ord. 122-81, passed 12-28-1981; Ord. 6-82, passed 1-14-1982; Ord. 79-84, passed 5-3-1984; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 4-01, passed 1-8-2001)