§ 32.007 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCUMULATED CONTRIBUTIONS. The sum of all amounts deducted from the compensation of a member and credited to his or her individual account in the Annuity Savings Fund, together with regular interest thereon.
   ANNUITY. An annual amount, derived from a member’s accumulated contributions, payable in equal monthly installments throughout the future life of a person, or for a temporary period, as provided in this subchapter.
   ANNUITY RESERVE. The present value of all payments to be made on account of any annuity. The present value shall be computed using regular interest and such decrement tables as the Retirement Commission shall from time to time adopt.
   BENEFICIARY. Any person, except a retirant, who is in receipt of or who is designated to receive, a retirement allowance or other benefit payable by the retirement system.
   COMPENSATION. A member’s salary or wages paid him or her by the city for personal services rendered by him or her to the city. If a member’s compensation is not all paid in money, the Retirement Commission shall fix the value of that part of his or her compensation not paid in money.
   CREDITED SERVICE. The number of years and months of service credited a member by the Retirement Commission as provided in this subchapter.
   EMERGENCY EMPLOYEE. One who is hired on an emergency basis for a period not to exceed seven days unless approved by the City Council, effective 4-1-1992.
   FINAL AVERAGE COMPENSATION.
      (1)   For general members, the average of any three consecutive years of a member’s credited service producing the highest total amount of said member’s base wage, plus the average longevity payments made to the member during the last three years of his or her employment, effective 10-6-1980. If a member has less than three years of credited service, his or her FINAL AVERAGE COMPENSATION received by him or her during his or her total period of credited service. Notwithstanding anything herein to the contrary, effective 10-5-1987, for members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, and for members of the Police Officers Association of Michigan (P.O.A.M.), FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) shall also include a member’s accrued vacation and sick leave paid on retirement; provided, however, that, said accrued vacation and sick leave amounts shall in no event increase a member’s FINAL AVERAGE COMPENSATION more than 10%. Notwithstanding anything herein to the contrary, effective 2-1-1990, for non-union general members, for members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, and members of the F.O.P. police/fire dispatcher/clerical, FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) shall also include a member’s accrued vacation and sick leave paid on retirement; provided, however, that, said accrued vacation and sick leave amounts shall in no event increase a member’s FINAL AVERAGE COMPENSATION more than 25%. Notwithstanding anything herein to the contrary, effective 2-1-2000, for non-union general members and for members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, FINAL AVERAGE COMPENSATION means the average of the highest three consecutive years of compensation, and includes all base wages, overtime and longevity. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include accrued sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s final average compensation by more than 25%. Notwithstanding anything herein to the contrary, effective 2-1-2013, for non-union general members, and 6-30-2013, for members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, FINAL AVERAGE COMPENSATION means the average of the highest three consecutive years of compensation, and includes all base wages, and longevity. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include accrued sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s final average compensation by more than 25%. Notwithstanding anything to the contrary, effective 1-1-1999, for members of the American Federation of State, County, and Municipal Employees (A.F.S.C.M.E.) Local 894, FINAL AVERAGE COMPENSATION means the average of the highest three consecutive years of compensation, and includes all base wages, overtime, and longevity. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include accrued sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s final average compensation by more than 25%.
      (2)   For police members, the best 12 months of compensation plus holiday pay for the 365-day period preceding the effective date of retirement plus longevity contained in the last year of credited service, effective 10-6-1980. Notwithstanding anything herein to the contrary, effective 2-1-1987, for members of the patrol officers bargaining unit only, FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) shall also include a member’s accrued vacation and sick leave paid on retirement; provided, however, that, said accrued vacation and sick amounts shall in no event increase a member’s FINAL AVERAGE COMPENSATION more than 10%. Notwithstanding anything herein to the contrary, for police members and Police Department command officers, FINAL AVERAGE COMPENSATION means the best 12 consecutive months of compensation, plus longevity contained in the last year of credited service, and shall also include holiday pay for the 365-day period preceding the effective date of retirement, effective 10-5-1981. Notwithstanding anything herein to the contrary, effective 2-1-1990, for police members and Police Department command officers, FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) shall also include a member’s accrued vacation and sick leave paid on retirement; provided, however, that, said accrued vacation and sick leave amounts shall in no event increase a member’s final average compensation more than 25%. Notwithstanding anything herein to the contrary, effective 2-1-1999, for police patrol members and 2-1-2000, for police command members, FINAL AVERAGE COMPENSATION means the average of the highest three out of the last ten years of compensation, and includes all base wages, shift differential, eligible overtime as defined in the collective bargaining agreement, annual payments of accrued compensatory time, longevity pay and holiday pay. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s final average compensation by more than 25%. Notwithstanding anything herein to the contrary, effective 1-1-2020, for police patrol and command officers hired after 2-1-1999, FINAL AVERAGE COMPENSATION means the average of the highest 60 consecutive months of base wages out of the last ten consecutive years. For fire members, FINAL AVERAGE COMPENSATION means the best 12 months of compensation, plus longevity, contained in the last year of credited service, effective 10-4-1976, and FINAL AVERAGE COMPENSATION shall also include holiday pay for the 365-day period preceding the effective date of retirement, effective 10-5-1981. Notwithstanding anything herein to the contrary, effective 2-1-1987, for fire members, FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) shall also include a member’s accrued vacation and sick leave paid on retirement; provided, however, that, said accrued vacation and sick leave amounts shall in no event increase a member’s final average compensation by more than 10%. Notwithstanding anything herein to the contrary, effective 2-1-1990, for fire members, FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) shall also include a member’s accrued vacation and sick leave paid on retirement; provided, however, that, said accrued vacation and sick leave amounts shall in no event increase a member’s final average compensation more than 25%. Notwithstanding anything herein to the contrary, effective 2-1-2000, for fire members, FINAL AVERAGE COMPENSATION means the average of the highest three out of the last ten consecutive years of compensation, and includes all base wages, ALS premium pay, overtime, longevity, food allowance and holiday pay. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include accrued sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s FINAL AVERAGE COMPENSATION by more than 25%. Notwithstanding anything herein to the contrary, effective 2-1-2012, for fire members FINAL AVERAGE COMPENSATION means the average of the highest three consecutive years out of the last ten years of compensation, and includes all base wages, ALS premium pay, food allowance and holiday pay for this time period. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include accrued sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s final average compensation by more than 25%. Notwithstanding anything herein to the contrary, effective 1-1-2016, for fire members, FINAL AVERAGE COMPENSATION means the average of the highest three out of the last ten consecutive years of compensation, and includes all base wages, ALS premium pay, eligible overtime as defined in the collective bargaining agreement, longevity, food allowance and holiday pay. FINAL AVERAGE COMPENSATION (except in the case of a deferred retirement, a member’s resignation or a member’s discharge) will also include accrued sick and vacation time paid on retirement. The accrued sick and vacation amounts shall not increase a member’s final average compensation by more than 25%.
   HYPOTHETICAL ACCUMULATED CONTRIBUTIONS FOR A GENERAL MEMBER, POLICE OFFICER OR FIREFIGHTER OR AN EXEMPT OR NON-EXEMPT SALARIED MUNICIPAL SERVICE MEMBER. The sum of:
      (1)   The portion, if any, of the member’s accumulated contributions on 11-15-1982 for non-union general members, 2-21-1983 for union general members, 3-21-1983 for command officer police officer members, 3-18-1984 for patrol officer police officer members, 3-21-1983 for firefighter members and 6-1-1983 for exempt and non-exempt salaried municipal service members, that is returned to him or her pursuant to § 32.017 of this chapter, together with interest thereon at the rate of 5% per year for all time periods after 10-1-1982 for non-union general members, union general members, command officer police officer members and firefighter members, 10-1-1983 for patrol officer members and 10-1-1982 for exempt and non-exempt salaried municipal service members;
      (2)   All amounts that would have been deducted from the member’s compensation after 11-15-1982 for non-union general members, 2-21-1983 for union general members, 3-21-1983 for command officer police officer members, 3-18-1984 for patrol officer police officer members, 3-21-1983 for firefighter members and 6-1-1983 for exempt and non-exempt salaried municipal service members if member contributions had been continued after that date, based on the provisions of § 32.026(A) of this chapter in effect on that date, together with interest thereon at the rate of 5% per year for all time periods after 10-1-1982 for non-union general members, union general members, command officer police officer members and firefighter members, 10-1-1983 for patrol officer members and 10-1-1982 for exempt and non-exempt salaried municipal service members; and
      (3)   All amounts that would have been deducted from the member’s compensation after 2-1-2000 for firefighter members hired after 10-1-1982 if member contributions had began at that date based on the provisions of § 32.026(A) of this chapter adopted in conjunction with this section, together with interest thereon at the rate of 5% per year for all time periods after 2-1-2000.
   MANDATORY RETIREMENT AGE. The applicable age set forth below:
      (1)   Age 70 years for a police officer or firefighter member;
      (2)   Age 70 years for a hospital member;
      (3)   Age 70 years for a municipal service member; and
      (4)   Age 70 years for a general member.
   MEMBER. Any person who is included in the membership of the retirement system as set forth below:
      (1)   POLICE OFFICER OR FIREFIGHTER MEMBER. Any member who is employed in the Police or Fire Departments of the city holding the rank of patroler or piper, including probationary patroler or piper, or higher rank. The term POLICE OFFICER OR FIREFIGHTER MEMBER shall not include:
         (a)   Any person who is privately employed as a police officer or a firefighter;
         (b)   Any person who is temporarily employed as a police officer or firefighter for any emergency;
         (c)   Any civilian employee in the Police or Fire Departments;
         (d)   Any police patrol member hired after 2-1-1999 and 12-31-2019 who did not elect to join the system as of 1-1-2020;
         (e)   Any police command member hired after 2-1-1999 and 12-31-2019 who did not elect to join the system as of 1-1-2020; and
         (f)   Any firefighter member hired after 10-1-2000.
      (2)   HOSPITAL MEMBER. Any member who is employed in the Wyandotte General Hospital.
      (3)   MUNICIPAL SERVICE MEMBER. Any member who is employed in the Municipal Service Department of the city.
      (4)   GENERAL MEMBER. Any member, including non-union administrative, technical and clerical employees and members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, and members of the Police Officers Association of Michigan (P.O.A.M.), except:
         (a)   A police officer or firefighter member;
         (b)   A hospital member;
         (c)   A municipal service member;
         (d)   Non-union administrative, technical or clerical employees of the city hired after 10-1-1999;
         (e)   Members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, hired after 3-31-2000;
         (f)   Non-union administrative, technical or clerical employees of the city hired before 10-1-1999, who voluntarily elected to leave membership of the retirement system on 3-31-2001, pursuant to the rules in effect at that time;
         (g)   Members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, hired before 3-31-2000, who voluntarily elected to leave membership of the retirement system on 3-31-2001, pursuant to the rules in effect at that time;
         (h)   Members of the Police Officers Association of Michigan (P.O.A.M.) - dispatchers/ clerical bargaining unit hired after 7-1-2001;
         (i)   Members of the Police Officers Association of Michigan (P.O.A.M.) - dispatchers/ clerical bargaining unit hired before 7-1-2001, who voluntarily elected to leave membership of the retirement system on 6-30-2002, pursuant to the rules in effect at that time; and
         (j)   Members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.) Local 894, hired before 3-31-2000, who voluntarily elected to leave membership of the retirement system on 3-31-2013, pursuant to the rules in effect at that time.
   MINIMUM CREDIT SERVICE. The applicable period of credited service set forth below:
      (1)   Ten years of credited service for a police officer or firefighter member;
      (2)   Five years of credited service for a hospital member, unless otherwise specifically provided for in this chapter, effective 1-1-1977;
      (3)   Ten years of credited service for a municipal service member; and
      (4)   Ten years of credited service for a general member.
   NORMAL RETIREMENT AGE. The applicable age set forth below:
      (1)   Age 60 years for a police officer or firefighter member;
      (2)   Age 65 years for a hospital member;
      (3)   Age 65 years for a municipal service member; and
      (4)   Age 65 years for a general member.
   PART-TIME EMPLOYEE. One who works in a year-round position, usually less than 40 hours per week on a regular and continuing basis (50.4 hours for firefighters) and has completed the probationary period, and is not subsidized by non-city governmental funds, effective 4-1-1992.
   PENSION. An annual amount, derived from contributions made by the city or an appropriating division of the city, payable in equal monthly installments throughout the future life of a person, or for a temporary period, as provided in this subchapter.
   PENSION RESERVE. The present value of all payments to be made on account of any pension. The present value shall be computed using regular interest and such decrement tables as the Retirement Commission shall from time to time adopt.
   REGULAR INTEREST. Such rate or rates of interest per annum, compounded annually, as the Retirement Commission shall from time to time adopt.
   RETIREMENT. Any member who retires with a retirement allowance payable by the retirement system.
   RETIREMENT. A member’s withdrawal from city employment with a retirement allowance payable by the retirement system.
   RETIREMENT ALLOWANCE. The sum of the annuity and pension payable to a retirant or beneficiary for a police member hired after 10-1-1982. For a general, police officer or firefighter member or an exempt or non-exempt salaried municipal service member who is an active member on or after 11-15-1982 for non-union general members, 2-21-1983 for union general members, 3-21-1983 for command officer police officer members, 3-18-1984 for patrol officer police officer members, 3-21-1983 for firefighter members and 6-1-1983 for exempt and non-exempt salaried municipal service members, the RETIREMENT ALLOWANCE shall equal the pension only.
   RETIREMENT COMMISSION or COMMISSION. The Retirement Commission provided for in this subchapter.
   RETIREMENT SYSTEM or SYSTEM. The city’s employee’s retirement system established by this subchapter.
   SEASONAL EMPLOYEE. One who normally is hired for a specific length of time, usually of a short-term nature, and whose services are required during only parts of the year, effective 4-1-1992.
   SERVICE. Personal service rendered to the city by the officer or employee of the city.
   TEMPORARY EMPLOYEE. One who normally is hired for a specific length of time, usually of a short-term nature due to employment in a situation such as a special project or in relief of another employee on leave, effective 4-1-1992.
   VOLUNTARY RETIREMENT AGE. The applicable age set forth below:
      (1)   (a)   For a police member hired prior to 2-1-1999, the first to occur:
            1.   Fifty-five years of age; or
            2.   Twenty-five years of credited service and at least age 50, effective 10-4-1976.
         (b)   For a police member hired after 2-1-1999, the first to occur:
            1.   Fifty-five years of age and 25 years of credited service; or
            2.   Sixty years of age with ten years of credited service.
      (2)   (a)   For a fire member, the first to occur:
            1.   Fifty-five years of age; or
            2.   Fifty years of age and 30 years of credited service, effective 10-3- 1977.
         (b)   Notwithstanding anything herein to the contrary, effective 2-1-1990, for a fire member, 25 years of credited service without regard to age, or age 55 with ten or more years of credited service.
      (3)   Age 60 years for a hospital member;
      (4)   For an hourly municipal service member, age 60 years or the age at which he or she acquires 30 years of credited service. Effective 1-1-1988, for an exempt or non-exempt salaried municipal service member only, the first to occur of:
         (a)   Age 60 years; or
         (b)   The age at which he or she acquires 25 years of credited service.
      (5)   For a general member, the first to occur of age 55 years or the age at which he or she acquires 25 years of credited service, effective 10-4-1976. Notwithstanding anything herein to the contrary, effective 2-1-1990, for a general member, 25 years of credited service without regard to age or age 55 with ten or more years of credited service.
   WORKER’S COMPENSATION PERIOD. The period a person is in receipt of worker’s compensation on account of a member’s disability or death arising out of and in the course of his city employment. If the said person is paid a single sum in lieu of his or her future worker’s compensation, his or her WORKER’S COMPENSATION PERIOD shall be the period, if any, he or she was in receipt of worker’s compensation in weekly or other periodic payments, plus the period derived by dividing the said single sum by his or her weekly or other periodic payment award.
(Prior Code, § 2-206) (Ord. 368, passed 9-25-1967; Ord. 490-A, passed 12-4-1972; Ord. 541, passed 12-9-1974; Ord. 586, passed 5-9-1977; Ord. 624, passed 12-4-1978; Ord. 637, passed 7-3-1979; Ord. 702, passed 7-6-1981; Ord. 707, passed 8-3-1981; Ord. 709, passed 9-14-1981; Ord. 771, passed 9-24-1984; Ord. 830, passed 10-19-1987; Ord. 858, passed 12-5-1988; Ord. 917, passed 8-19-1991; Ord. 958, passed 10-5-1992; Ord. 1060, passed 3-1-1999; Ord. 1077, passed 9-13-1999; Ord. 1082, passed 11-1-1999; Ord. 1091, passed 6-5-2000; Ord. 1159, passed 11-18-2002; Ord. 1388, passed 10-14-2013; Ord. 1485, passed 4-20-2020)