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(a) The membership of the city's retirement system shall include and be limited to the following:
(1) All officers and employees of the city hired prior to July 1, 2013, and having certified civil service status, except those employees exempt under §§ 39.263(b) and (c); but not including those who are members or retirants of the city Firefighter's Pension Fund;
(2) All officers and employees of the city who do not have certified civil service status, who were members December 31, 1966;
(3) All officers and employees of the city who are appointed by the mayor and/or council prior to July 1, 2013, except those exempt under §§ 39.263(b) and (c); and
(4) The mayor elected prior to July 1, 2013, but no other elected council members.
(b) In all cases of doubt, the human resources director shall decide who is a member of the Employee's Retirement System within the meaning of the provisions of this article and applicable federal law.
(c) All officers and employees hired or appointed on or after July 1, 2013, shall participate in the South Dakota Retirement System and will not be eligible for any benefits within this chapter.
(1957 Rev. Ords., § 2.510; 1992 Code, § 35-18) (Ord. 78-84, passed 5-3-1984; Ord. 36-95, passed 3-6-1995; Ord. 24-13, passed 5-7-2013; Ord. 118-16, passed 12-20-2016)
Except as otherwise provided in this subchapter, if any member leaves the employ of the city for any reason except death and retirement, membership in the retirement system shall cease and credited service at that time shall be forfeited. If the member is reemployed by the city prior to July 1, 2013, in a position covered by the retirement system, membership shall be restored. If the reemployment occurs within a period of six years after the date of leaving the employ of the city, the member's credited service last forfeited shall be restored to the member's credit, provided the member returns to the accumulated contributions account any amount withdrawn, together with regular interest from the date of withdrawal to the date of repayment. A reemployed member must notify the retirement system of the member's intention to claim or reject forfeited credited service time within 30 days after reemployment by the city or the effective date of the ordinance from which this section is derived, whichever is later. Upon death or retirement, membership in the retirement system shall cease and credited service shall be used in the calculation of final benefits.
(1957 Rev. Ords., § 2.511; 1992 Code, § 35-19) (Ord. 108-85, passed 12-2-1985; Ord. 24-13, passed 5-7-2013; Ord. 118-16, passed 12-20-2016)
The service rendered by a member shall be credited to the member by the board in accordance with the rules and regulations as the board shall from time to time adopt consistent with the provisions of this subchapter. In no case shall less than ten days of service rendered in any calendar month by a member be credited as a month of service other than as provided in § 39.225, nor shall less than ten months of service rendered by the member in any calendar year be credited as a year of service, other than as provided in § 39.225, nor shall more than one year of service be credited any member for all service rendered by the member in any calendar year.
(1957 Rev. Ords., § 2.512; 1992 Code, § 35-20) (Ord. 34-91, passed 4-8-1991; Ord. 118-16, passed 12-20-2016)
(a) Except as provided otherwise in (c) through (f), if any officer or employee, who while employed by the city, entered or enters any armed service of the United States for active duty, active duty for training or inactive duty for training, the member shall have the service credited as city service, provided that:
(1) The employee is reemployed by the city within one year from and after the date of termination of the armed service actually required;
(2) The employee returns to the employee's accumulated contributions account the amount, if any, withdrawn therefrom at the time of entry or while in the armed service, together with regular interest from the date of withdrawal to the date of repayment; and
(3) In no case shall more than five years of city service be credited any member for all armed service rendered, unless the employee is unable to obtain a release from military service.
(b) In case of doubt as to the period to be so credited a member the board shall have final power to determine the period consistent with applicable federal statutes relating to military obligations. During the period of the armed service and until reemployment by the city, the member's contributions to the retirement system shall be suspended and any balance standing to the member's credit in the accumulated contributions account shall be accumulated at regular interest.
(c) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service (as defined in chapter 43 of title 38, United States Code), to the extent required by § 401(a)(37) of the Internal Revenue Code, survivors of a member, are entitled to any additional benefits that the retirement system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. In any event, a deceased member's period of qualified military service must be counted for vesting purposes.
(d) Effective with respect to deaths and/or disabilities occurring on or after January 1, 2007, while a member is performing qualified military service (as defined in chapter 43 of title 38, United States Code), to the extent permitted by § 414(u)(9) of the Internal Revenue Code, for benefit accrual purposes and in the case of death, for vesting purposes, the member shall be treated as having earned years of service for the period of qualified military service, having returned to employment on the day before the death and/or disability, and then having terminated on the date of death or disability. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(e) Beginning January 1, 2009, to the extent required by § 414(u)(12) of the Internal Revenue Code, an individual receiving differential wage payments (as defined under § 3401(h)(2) of the Internal Revenue Code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under § 415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(f) Effective December 12, 1994, notwithstanding any other provision of the retirement system law, contributions, benefits and service credit with respect to qualified military service are governed by §414(u) of the Internal Revenue Code and the Uniformed Services Employment and Reemployment Rights Act of 1994.
(1957 Rev. Ords., § 2.513; 1992 Code, § 35-21) (Ord. 34-91, passed 4-8-1991; Ord. 5-05, passed 1-10-2005; Ord. 118-16, passed 12-20-2016)
(a) Any member may retire upon written application filed with the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, the member desires to be retired, provided that the member has satisfied the applicable age and service requirements set forth as follows:
(1) If a general or general management member, upon attainment of age 60 years with five or more years of credited service or attainment of age 55 years with 30 or more years of credited service; or
(2) If a police officer member, upon attainment of age 60 years with 15 or more years of credited service; or upon attainment of age 50 years with 25 or more years of credited service.
(c) A member shall be 100 percent vested in his or her service retirement benefit upon attaining normal retirement age as defined in paragraph (a) of this Ordinance § 39.227.
(1957 Rev. Ords., § 2.515; 1992 Code, § 35-23) (Ord. 2491, passed 8-7-1967; Ord. 2791, passed 12-6-1971; Ord. 124-81, passed 12-28-1981; Ord. 64-86, passed 6-30-1986; Ord. 110-89, passed 10-16-1989; Ord. 118-16, passed 12-20-2016)
Any member or former member on deferred status as defined in § 39.235 may retire prior to voluntary retirement as described in § 39.227 with an actuarially reduced benefit provided that the member has completed 20 or more years of credited service. The actuarial reduction shall be based on the interest and mortality assumptions used to calculate optional forms of benefits and shall be computed so that the actuarial present value of the reduced benefit is equivalent to the actuarial present value had the member terminated employment and elected to receive a deferred benefit commencing at his or her earliest voluntary retirement age. For the purposes of this section, earliest voluntary retirement age shall meanthe earliest age at which the member could have retired with unreduced benefits had the member remained in service.
(1992 Code, § 35-23.1) (Ord. 88-91, passed 11-25-1991)
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