Section 2-189 Membership requirements; retirement and disability prerequisites.

Prior to the adoption of 2001 (2-189-3-a) on 02/26/2001, Section 2-189 read as follows.

       (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, the employee shall become a member of the pension fund upon the first day of service to the city.    

         (4)    Expressly excluded from the  pension fund, regardless of service date as calculated in  subsections (a)(1), (2), and (3) above are: elected members of the city council, the city attorney,  city auditors, city physician, recorder, all employees of the Thomasville Public School System, all  part-time employees, temporary employees, contractors and their employees, and anyone whose  work is by the job or contract.

         (5)    Management, as defined in  section 2-186, may be excluded from membership in the pension fund if such request is made by management during the first six (6) months of  employment.

     (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)    A Class A or Class B member of the pension fund who  is not eligible for retirement under  the provisions of subsection (b) or (c) of this section may take early retirement at reduced benefits. A Class C member as defined in section 2-186 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 shall review each disability retirement at the end of two (2) years and at such other periods as the board desires. The pension board shall 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)    Any employee who has previously terminated employment  with the City, voluntary or involuntary, and who is subsequently re-employed by the city may claim prior service as creditable  service under this plan but only after the employee has been re-employed for a period of five (5)  years, subject to the following:

         (i)  The employee shall pay the applicable employee salary assessments as determined by the city, for the previous service so purchased plus eight and one half percent (8.5%) interest  compounded annually from the date of termination of employment with the city through the date of  receipt of payment of the applicable salary assessment plus applicable interest, as required.

         (ii)  The employee may purchase no more than five(5)  years of previous service credit  hereunder.

         (iii) The city shall credit a member's account for all  of the previous service purchased  pursuant to this section

 2-189(g).

         (iv)    The employee may not purchase any creditable service during such times as the employee was not the full-time employee of the city.

         (v)    The employee shall be allowed  to purchase previous service credit upon subsequent re-employment with the city, provided the other requirements of section 2-189(g) are satisfied.  The employee shall not be allowed to make a second purchase of previous credit if the employee is  again re-employed by the city.

         (vi)    No creditable service for which credit was received, or which remained unclaimed, at retirement may be claimed or applied toward service credit earned following renewed membership.

     (h) Except as provided in section 2-189(a) and (g), effective January 1, 1999, any employee of  the plan who is re--employed by the city in a regularly established position shall be enrolled as a  Class C member of the plan.

 (Ord. of 12-23-96(1),   I; Ord. of 8-24-98,   I; Ord. of 10-12-98,  V; Ord. of 2-8-99;  Ord of 6-30-99)