TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 22-200. MEMBERSHIP
§22-204. Re-employment of Retired Members.
(1) Retired employees. A retired member who is receiving
retirement benefits from the Retirement System and who is rehired by the City
shall have such benefits suspended for the duration of reemployment
unless:
(a) The member is rehired as an election officer, a registrar
of voters, or a juror; or
(b) The member is rehired as a member of a
board or commission which does not participate in the Retirement System pursuant
to § 22-201 (Membership Upon Employment).
(2) Reemployment for less
than three (3) years. If the period of reemployment under Plan A, Plan B, Plan
L, or Plan Y or is less than three (3) years, then when the reemployed member
retires from City employment, the previous retirement benefits shall resume, and
the Board shall refund the member's regular contributions made during the
period of reemployment, and cancel the member's service credit for that
period of reemployment.
(3) Reemployment for three (3) or more years. If
the period of reemployment under Plan A, Plan B, Plan L, or Plan Y is three (3)
years or more, then when the reemployed member retires from City employment, the
member's retirement benefits are redetermined to include credited service
earned both before and after reemployment.
(4) Reemployment of retired
members of Plan D, Plan J or Plan X. Any member who becomes reemployed by the
City following retirement and who is receiving benefits under Municipal Revised
Coverage Plan 60 or Police-Fire Coverage Plan 50, shall become a member of the
appropriate plan as if the member were first employed on the date of
reemployment. Notwithstanding the foregoing, such member shall be entitled to
retire thereafter under the age and service provisions of the plan covering such
member's employment at the time of the prior retirement. Such member shall
continue to accrue service credit during the period of subsequent employment.
Upon subsequent retirement, the member shall be entitled to receive the accrued
benefit earned under the member's original plan together with any
additional accrued benefit earned for the period of subsequent employment under
the plan which covers the member upon reemployment. If a retired member reenters
the service of the City and remains an employee of the City continuously for
three (3) or more years after reemployment, the member may elect to retire
thereafter under the age and service provisions applicable at the time of
subsequent retirement with full credit for the entire service with the City both
before and after the first retirement.
(5) Accrued benefit. In no event
shall the accrued benefit of a retired member who is reemployed after retirement
be less than the member's accrued benefit as of the date of the prior
retirement, unless the employee has elected to transfer to a different plan upon
reemployment.
(6) Employees of a "quasi-public agency." Any employee of
a "quasi-public agency" as defined by an ordinance approved March 1, 1963 (1963
Ordinances, p. 148), as amended, who is entitled to retire or has retired under
the provisions of the "quasi-public agency" retirement plan and who thereafter
enters or reenters the service of the City shall not be entitled to receive
credited service in the Retirement System for municipal service which has been
transferred to the "quasi-public agency" or for service rendered under the
"quasi-public agency" retirement plan.
(7) Disabled Members. A disabled
member receiving service-connected disability retirement benefits shall have
such benefits suspended upon reemployment and may, upon completing five (5)
years of continuous reemployment with the City, purchase credited service for
the period of time spent receiving service-connected disability retirement
benefits. The purchase of credited service must occur prior to completion of the
sixth year of reemployment unless the member enters into an installment payment
plan pursuant to § 22-806 (Installment Payments). For members of Plan D,
Plan J and Plan X, each year of credited service or portion thereof purchased
shall cost six percent (6%) of the annual salary of the position the member
separated from at the time of the member's separation to receive a
service-connected disability retirement benefit plus six percent (6%) annual
interest on said cost from the year separated to the date of application for
repurchase under this subsection. For members of Plan A, Plan B, Plan Y and
Plan L each year of credited service or portion thereof purchased shall cost an
amount determined by the total of:
(a) the product of the percentage of
compensation that employees in the employee's plan were contributing at
the time of the employee's separation to receive a service-connected
disability retirement times the annual salary that the employee was receiving at
that time; plus
(b) nine percent (9%) annual interest on the amount in
(a) from the year separated to the date of application for repurchase under this
subsection.
(8) No repayment. Reemployed members are not required to
repay any retirement benefits that were received.