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§ 39.225 MILITARY SERVICE CREDIT.
   (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      (2)   The employee returns to the employee's accumulated contributions account the amount, if any, withdrawn therefrom at the time of entry or while in the armed service, together with regular interest from the date of withdrawal to the date of repayment; and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)
§ 39.226 MEMBER’S SERVICE ACCOUNTS.
   The board shall credit each member’s service account with the number of years and months of service to which he or she is entitled.
(1957 Rev. Ords., § 2.514; 1992 Code, § 35-22)
§ 39.227 VOLUNTARY RETIREMENT.
   (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.
   (b)   Upon retirement, the member shall receive a retirement allowance as provided in § 39.230 if a general member, or as provided in § 39.231 if a police officer member.
   (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)
§ 39.228 EARLY RETIREMENT; REDUCTION OF BENEFIT.
   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)
§ 39.229 MANDATORY RETIREMENT, POLICE OFFICER MEMBERS.
   (a)   Any police officer member shall be separated from the employ of the city the first day of the calendar month next following the month in which the member attains age 60 years. This division (a) shall be subject to division (b) below.
   (b)   Any police officer member may continue in the employ of the city, after attainment of the age for retirement as provided in division (a) above, for periods not to extend beyond attainment of age 65 years, provided that the continuance in the employ of the city is:
      (1)   Requested in writing by a member;
      (2)   Approved by his or her department head; and
      (3)   Approved by the council.
   (c)   Upon separation from the employ of the city as provided in this section, a police officer member who has 15 or more years of credited service shall be retired and shall receive a retirement allowance as provided in § 39.231.
(1957 Rev. Ords., § 2.516; 1992 Code, § 35-24) (Ord. 47-80, passed 6-9-1980; Ord. 64-86, passed 6-30-1986; Ord. 96-87, passed 11-16-1987; Ord. 36-95, passed 3-6-1995)
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