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Section 2-189 Membership requirements; retirement and disability prerequisites.
(a) Any employee as defined in section 2-186 who entered the service of the City: (1) Prior to December 1, 1964, the employee shall automatically become a member of the Pension Fund. (2) After November 30, 1964 and prior to January 1, 1997, the employee shall become a member of the Pension Fund upon the earlier of (a) completion of six (6) months of continuous employment for the City, or (b) January 1, 1997. (3) After December 31, 1996, and prior to June 1, 2000, the employee shall become a member of the Pension Fund upon the first day of service to the City. (b) Any Class A member of the Pension Fund as defined in section 2-186 and limited as coming under the operation of this fund may, as a matter of right under the provisions of this division, retire from active service when he shall have reached the age of sixty (60) years and shall have served at least twenty (20) years in the active service of the City at the time of his retirement or has a vested interest in the plan. Notwithstanding the above, any Class A member of the pension plan may also retire from active service under subsection (c), provided that such Class A member shall also elect to receive benefits under section 2-191(b). (c) Any Class B member of the Pension Fund as defined in section 2-186 and limited as coming under the operation of this fund may, as a matter of right under the provisions of this chapter, retire from active service upon the occurrence of the earlier of: (1) When he has attained the age of sixty (60) years and shall have at least ten (10) years of service in the Pension Fund (as defined in section 2-186); or (2) When he has served thirty (30) years in active service of the City. (d) Any Class C member of the Pension Fund as defined in section 2-186 and limited as coming under the operation of this fund may, as a matter of right under the provisions of this chapter, retire from active service when he has attained the age of sixty-five (65) years and shall have at least ten (10) years of service (as defined in section 2-186). (e) Any member of the Pension Fund who is not eligible for retirement under the provisions of subsection (b), (c), or (d) of this section may take early retirement at reduced benefits. (f) Should any member of the Pension Fund become totally disabled and be incapacitated of self-support after five (5) years of service in the pension plan immediately prior thereto, he shall be eligible for disability benefits which shall be paid to him for the duration of total disability. Proof of disability shall be the statement in writing by one (1) local physician that the employee is totally disabled plus the acceptance for disability payments by the Social Security Administration or, if the employee is not covered by Social Security, the opinion of a board of three (3) physicians. The pension board may review each disability retirement at the end of two (2) years and at such other periods as the board desires. The pension board may determine the type and extent of data required on all reviews. Should the board determine that a person has regained the ability to be self-supporting, then it may order that payments of disability benefits from the Pension Fund be stopped. Any refusal of the recipient to furnish data or submit to physical examination will be grounds for discontinuing payment until the matter is resolved. (g) Participation in the Plan shall not give any member the right to be retained in the employ of the City or, upon dismissal, to have any right or interest in the Plan other than herein provided. (h) A Member who is convicted by a court of competent jurisdiction of causing a shortage in a public account, when such shortage is certified by the Auditor General or a certified public accountant, may not retire or receive any benefits under this chapter so long as such shortage exists. (Ord. of 12-23-96(1), I; Ord. of 8-24-98, I; Ord. of 10-12-98, V; Ord. of 2-18-99; Ord of 6-30-99; Ord of 2-26-01; TQM Code update 10-11-04)
(TQM Code Update - Ch2, Amended, 10/11/2004, Prior Text; 2001 (2-189-g-i), Amended, 02/26/2001, Prior Text; 2001 (2-189-3-a), Amended, 02/26/2001, Prior Text; 1999 a(2-189), Amended, 06/30/1999, Prior Text; 1999 (2-189), Amended, 02/08/1999, Prior Text) |
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