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

Prior to the adoption of 1999 a(2-189) on 06/30/1999, 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 named employee of the adopting  employer named in section 2-186 of this article V  who is also a member of the pension fund or who would otherwise be eligible pursuant to this  section 2-189 shall continue to be a member of the pension fund or may be a member of the  pension fund, as the case may be.

    (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 mamber 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)