TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 22-200. MEMBERSHIP
§22-202. Membership after Transfer of Employment. [7]
(1) Transfers between divisions. After transferring
employment between divisions, a member's retirement rights and related
benefits are determined solely by the provisions of the appropriate plan of the
division into which the member has transferred. Credited service under the plan
of the member's previous division is automatically transferred as credited
service to the appropriate plan of the member's new division except in the
following cases:
(a) Any disabled member who is (or was) transferred
because of Civil Service Regulation 32 may remain a member of the appropriate
plan of the division to which the member belonged before the
transfer.
(b) If any member of Plan D, Plan J or Plan X who is eligible to
retire transfers to employment covered by another plan of the Retirement System,
such member shall retain both the eligibility for retirement and the accrued
benefit as determined pursuant to the provisions relating to the plan of the
division from which such member has transferred.
(c) Any vested member
of Plan A, Plan B or Plan L who transfers to the Municipal Division New may
elect to have credited service calculated at the elected official, police or
fire rate for credited service earned in the applicable elected official, police
or fire plan for the member's previous service and at the municipal rate
for municipal credited service earned after transfer. This election shall apply
only to the calculation of the dollar amount of the benefit and not to the age,
service and other eligibility requirements for benefits, which shall be
determined by the requirements of the plan into which the member has
transferred.
(d) Notwithstanding any other provision of this Title, any
member of Plan D, Plan J or Plan X whose benefits have vested under any plan of
the Retirement System who was on July 1, 1972 employed, or who was on June 7,
1973 employed in a position covered by a different plan, shall, upon retirement,
have the option of having retirement benefits calculated on the basis of total
service with the City in either the plan in which retirement benefits became
vested or in the plan in which the employee was a member at the time of
retirement. In any such case, the calculation of the retirement benefit shall be
in accordance with the provisions of § 22-301(3)(a) (Service Retirement
Benefits) and § 22-105(6)(a) ("Average Final
Compensation").
(e) If any member of Plan D, Plan J or Plan X of the
Retirement System is appointed Commissioner or Deputy Commissioner of the Fire
or Police Department, the member shall retain membership in the plan covering
the member's prior employment.
(f) If any member of Plan J or
Plan Y of the Retirement System is appointed to a position
(.1) as a
uniformed or investigatory employee in the Police Department other than
Commissioner or Deputy Commissioner, or in the District Attorney's Office,
the member shall not become a member of the applicable Police Plan (Plan D or
Plan B) until after five years' service as a police
employee;
(.2) as a uniformed employee in the Fire Department other
than Commissioner or Deputy Commissioner, the member shall not become a member
of the applicable Fire Plan (Plan X or Plan A) until after five years'
service as a fire employee.
Until completion of such five years'
service, the member shall retain membership in the plan covering the
member's prior employment. Such retained membership in the prior plan
shall include remaining in the prior plan for eligibility and benefits
calculations for any DROP participation and all other purposes of Section 22-310
of this Title. Nothing in this subsection, however, shall prevent a uniformed
or investigatory employee in the Police Department or in the District
Attorney's Office from being considered a "Police Employee" or a uniformed
employee in the Fire Department from being considered a "Fire Employee" for the
purposes of disability benefits under Chapter 22-400 or death benefits under
Chapter 22-500.