§ 35.090. PARTICIPATION.

(A)

The date on which an employee will become a participant in the plan shall be:

(1)

April 23, 1974, for each employee who was a participant in the superseded plan as of April 22, 1974;

(2)

April 23, 1974, for any employee who was not a participant in the superseded plan but who had completed one year of credited service as of such date; or

(3)

For employees hired after April 22, 1974, the date as of which each such employee has completed one year of credited service.

(B)

Each employee who participates in the plan as set forth above shall, as a condition of continued city employment, make contributions to the plan as required by Section 35.095(A) and shall be subject to all other provisions in the plan.

(C)

Any employee who is absent from the active service of the City on the effective date of the plan by reason of a leave of absence granted by the City, or by reason of compulsory military service, will become a participant hereunder as of the date of return to active city employment.

(D)

Each employee who participates in the plan shall become eligible for benefits as provided by this subchapter.

(E)

An employee who retires and begins to receive early or normal retirement benefits under the plan, and who is subsequently reemployed by the City in a position eligible for participation in the plan, shall elect one of the following options:

(1)

The employee may elect to continue receiving retirement income but not contribute to or accrue additional benefits under the plan during the period of reemployment; or

(2)

The employee may elect to have retirement income payments suspended during the period of reemployment, and rejoin the plan as a contributing participant. If this option is elected, the participant's prior credited service will be added to the credited service earned during the period of reemployment, and upon subsequent retirement the participant's retirement income will be adjusted based on total credited service and final monthly compensation as of the date of subsequent retirement (ignoring the prior period of retirement). In no event will the participant's adjusted monthly retirement income be less than that received during the prior period of retirement.

(F)

Upon the written election of a Department Head not to participate in the plan, the employment of the Department Head shall be deemed terminated for purposes of the plan. Any person who terminates participation in the plan under this division shall not thereafter be eligible to receive plan benefits while actively employed by the City.

(G)

An employee who retires and begins to receive retirement income may, following cessation of all City employment for a period of at least thirty (30) days, return to City employment in a part-time capacity or in a full-time positon not covered by this plan and continue receiving retirement income from the plan. In no event shall such reemployment be arranged or agreed to prior to the employee's retirement.

(Code 1980, § 18-79; Ord. No. 13-74, passed 4/22/74; Am. Ord. No. 67-84, passed 9/25/84; Am. Ord. No. 105-84, passed 1/15/85; Am. Ord. No. 45-87, passed 5/26/87; Am. Ord. No. 51-90, passed 10/23/90; Am. Ord. No. 78-93, passed 12/7/93; Ord. No. 30-15 , § 1, passed 11/17/15)