§ 22-239. Service creditable.

(a)

Service under the retirement system shall begin with the first day of full-time, permanent employment as an employee and shall be continuously earned to age 55.

(b)

Credit shall not be allowed for any time during which the employee was on leave of absence, suspension or other nonpay status, excluding educational leave of absence pursuant to rules and regulations adopted by the Board, and on account of which absence contributions have been made pursuant to this division.

(c)

If any member of the police 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.

(e)

Creditable service at retirement shall include educational leave of absence, credit for which may be granted by the Board with the provision that:

(1)

The leave of absence must have been approved by the Police Chief and shall have been granted specifically for the purpose of permitting the employee to secure a degree in a discipline which could normally be expected to enhance the present and/or future law enforcement duties and responsibilities of the member.

(2)

The member shall apply for reinstatement from the educational leave of absence within 30 days of completion of formal studies, and shall be available for immediate return to active duty upon the City's request.

(3)

The member shall be required to remain in a paid status in a position covered by the retirement system for a period of time equal to the length of the educational leave or three years, whichever is greater, prior to attaining eligibility to purchase such credit. Any time without pay incurred by the member after the return to duty will extend the waiting period by a like number of days.

(4)

Upon expiration of the waiting period as described in subsection (e)(3) of this section, the member shall have 60 days to make written request to the on such forms as the Board shall adopt for permission to purchase creditable service for all or a portion of the educational leave.

(5)

The member's request to the Board shall include sufficient evidence that the course work has been completed in a discipline that could normally be expected to enhance the present and/or future law enforcement duties and responsibilities of the member.

(6)

An actively employed member may purchase a maximum of 36 months of educational leave credit during life of police officer's pension fund membership.

(7)

The member must have completed three years of creditable service prior to requesting an educational leave of absence.

(Code 1973, § 22-114; Code 1992, § 22-224)