(a) (1) Upon retirement from active service with the City as defined hereinafter, upon resignation following not fewer than fifteen continuous years of employment by the City, which may include up to four years active military service in the U.S. Armed Forces exclusive of National Guard duty, or for the benefit of the employee's estate should death occur while an employee of the City, there shall be cash payment for two-thirds the value of accrued but unused sick leave not to exceed total accumulation of 180 days, meaning 120 days maximum. The cash payment will be calculated using the employee's rate of pay at the time of retirement, resignation, or death, as applicable. However, an employee who retires or resigns and transfers employment to another public entity may elect to transfer all of their unused sick leave in lieu of a cash payment as stated above. Payment following death shall be only to the court-designated representative of the decedent's estate. For employees hired by the City on or after July 1, 2013, the cash payment for accrued but unused sick leave authorized herein shall be one-fourth the value of the employee's accrued but unused sick leave credit not to exceed the value of thirty days of accrued but unused sick leave. (Ord. 13-15. Passed 4-1-13.)
(2) The provisions of this section shall not be effective as against any contrary or more advantageous provision of a collective bargaining agreement in effect at the time of the termination of an employee as defined herein.
(Ord. 09-57. Passed 8-17-09.)
(b) As used in subsection (a) hereof, "retirement" means voluntary termination from service with the City under conditions which create eligibility for benefits from Public Employees Retirement System (PERS), or the Police and Fire Pension Fund or which medical disability is certified by a physician indicating necessity for termination and inability to hold other employment by medical judgment within the next calendar year following termination.
(c) The benefits described in subsection (a) hereof, shall not be available upon termination for cause unless reversed by appeal to the Civil Service Commission, nor shall it be available upon termination by authority from unclassified employment.
(Ord. 79-59. Passed 7-16-79; Ord. 84-88. Passed 10-15-84.)
(d) Payment for sick leave under the provisions of this section or similar and applicable state law as provided by the Ohio Revised Code shall be considered to eliminate all sick leave credit accrued by the employee at the time of resignation or retirement. Any sick leave credit eliminated by this section shall not be transferable to any other government entity and shall not be reinstated to the employee's credit if the employee is reemployed by the City at a later date.
(Ord. 92-30. Passed 6-1-92.)