§ 22-199. Service creditable.

(a)

Service under the retirement system shall begin with the first day of full-time, permanent employment as an employee.

(b)

Credit shall not be allowed for any time during which the employee was on leave of absence, suspension or other nonpay status for which contributions have not been made or for any period of service for which the employee has withdrawn his or her contributions to the retirement fund, subject to the following conditions:

(1)

A member who was actively employed on March 12, 1999 or who was initially hired after this date, who leaves the employ of the City and is subsequently rehired as an employee will not receive credit for years or fractional parts of years of such previous service if such member has withdrawn his or her contributions to the retirement fund for those years or fractional parts of years of service, unless the member repays into the retirement fund the amount he or she withdrew, plus interest as determined by the Pension Board. The member shall have at least 90 days after he or she is rehired as an employee to make repayment or become obligated to make repayment according to a payment schedule approved by the Pension Board; provided, however, that repayment shall not exceed the length of credited service being repurchased and must be fully made before retirement.

(2)

A member who was actively employed on March 12, 1999 or who was initially hired after this date may voluntarily leave his or her contributions in the retirement fund for a period of five years after leaving the employ of the City, pending the possibility of being rehired as an employee, without losing credit for the time he or she has participated actively as a member. If he or she is not reemployed as an Employee within five years, his or her contributions shall be returned to him or her without interest.

(3)

In determining the creditable service of any member who was actively employed on March 12, 1999 or who was initially hired after this date, credit for up to five years of the time spent in the military service of the Armed Forces of the United States shall be added to the years of actual service, without any employee contributions required from the member, if:

a.

The member is an employee prior to such military service and leaves his or her position for the purpose of voluntary or involuntary service in the Armed Forces of the United States.

b.

The member is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act.

c.

The member returns to the City as an employee within one year from the date of his or her release from active military service.

(c)

If any member of the Fire Department shall be laid off due to a reduction in the force or placed on a pension not service-connected and then shall return to service, only the time during which the member was laid off or on pension shall be deducted in computing the continuous active service referred to in this section. Any member who shall be placed on pension due to a service-connected injury, upon returning to the service, shall be given credit for the time accrued while on pension in computing the continuous active service referred to in this section.

(d)

Creditable service at retirement on which the retirement income of a member shall be based shall consist of the membership service rendered by such person since last becoming a member, subject to the rules and regulations of the Board concerning reinstatement of the member in the retirement system, plus any prior service as provided herein, plus any past service as provided herein.

(Code 1973, § 22-99; Code 1992, § 22-189; Ord. No. 754-G, § 2, 9-15-2005; Ord. No. 1028-G, § 2, 9-8-2011)