§ 22-106. Reemployment of persons retired from the police and fire departments.

(a)

The Mayor has the authority to reemploy persons who have retired from the police and fire departments of the City by virtue of length of service and such reemployed persons may continue to receive the benefits of retirement, including the pension benefit which they have earned. The Mayor has the authority to reemploy persons who have retired from the police and fire departments of the City by virtue of disability, service or nonservice, and such reemployed persons may continue to receive the benefits of retirement, including the pension benefits which they have earned. This provision shall in no way restrict the power of the respective boards of trustees of the pension funds and supplemental retirement systems of the police and fire departments of the City to recall to active duty with consent of the Mayor, in accordance with the provisions of the governing ordinances and laws, retirees who have retired due to permanent disability and to cause the forfeiture of pension rights of any such retiree so ordered to return who refuses to return. Any person retired due to disability who is retired pursuant to the provision shall not be eligible for membership in the employee's retirement system of the City, either the prior or the supplemental system. This authorization for reemployment of retirees who have retired due to disability shall apply only to retirees retired as of the effective date of the ordinance from which this section is derived and shall not apply to current employees.

(b)

Any person reemployed as provided in subsection (a) of this section shall serve at the pleasure of the Mayor and shall not be entitled to the benefits of the civil service law.

(c)

Any person reemployed under the provisions of this section shall not be required to forfeit any of the benefits of a retired person, other than the necessity of fulfilling the duties to which assigned. They shall not contribute to the pension fund, nor earn any additional benefits as a result of service under this section. They shall not be eligible for membership in the employees' retirement system, but shall be entitled to participate under social security. Any such person shall only be entitled to such other benefits, including compensation, as shall be determined by the Mayor.

(Code 1973, § 22-39; Code 1992, § 22-111)