Section 2-190 Military leave of absence



Prior to the adoption of TQM Code update - Ch12 on 10/11/2004, Section 2-190 read as follows.

    (a)    For any employee who became a member of the pension fund on June 1, 1949, the effective date of such membership shall be the beginning date of employment, except that an employee  whose employment was interrupted prior to June 1, 1949, will receive credit for those prior years  employment provided they constituted a period of not less than five (5) successive years.

    (b)    For any employee who entered or enters the service of the city after June 1, 1949, the  effective date of membership in the pension fund shall be the date of his first payment to such fund.

    (c)    Any employee who entered the service  of the city prior to January 1, 1959, shall have the  option of Social Security coverage, in addition to the pension plan, at the election held by the city under the provisions of the federal Social Security Act, the state enabling act and amendment  thereto. Any employee who entered or enters the service of the city on or after January 1, 1959, shall automatically be covered for Social Security.

    (d)    Any employee who was a member of the pension fund at the time of the Social Security  election, if he desired Social Security coverage only, had the one (1) time option of discontinuing  his contribution to the pension fund; provided, however, any refunds from the pension fund, which  might be due an employee exercising such option, shall be payable when such employee leaves the employ of the city. All employees who exercised this option shall on May 24, 1965, be returned to current status under this plan as covered by membership. To any who return to the pension rolls  under this subsection, the years of service credited to the member shall be all years during which he  contributed to the pension fund.

    (e)    Any employee who left the service of the city between September 16, 1940, and December 31, 1946, to serve in the armed forces of the United States, and within sixty (60) days after his  discharge or release from the armed forces reentered the employ of the city shall be deemed to have  been in continuous active service of the city during that period for the purpose of computing his length of service with the city under any of the terms of this division.

    (f)    Any employee who receives a leave of absence for required military service may, if he so desires, leave his contributions in the pension fund and remain a member thereof provided he returns to service with the city within ninety (90) days of his discharge. Any employee who receives leave of absence, without pay, for other than military service shall leave his contribution  in  the pension fund and remain a member. Nonmilitary leave shall not exceed one (1) year. Any  member on leave without pay shall have the period of absence deducted from his years of service.

    (g)    Notwithstanding anything contained  herein to the contrary, an employee named in section  2-186 of this article V of the adopting employer shall continue to be credited for years of service  pursuant to this section 2-190.

    (h)(1)    Notwithstanding anything contained herein to the contrary, each employee of the Thomasville Fire Department and Thomasville Recreation Department who has less than ten (10) Years of Service and who is also within eighteen (18) months of having ten (10) Years of Service  in the pension fund shall, prior to their termination of employment with the City, be permitted to  “buy forward” an amount of service credit sufficient for said employee to have ten (10) Years of Service in the Plan; provided, however, that an employee shall not be allowed to purchase more than eighteen (18)months of service credit in the pension fund. The cost to each terminated  employee will be the employee’s Salary Assessment pursuant to Section 2-194 for the amount of  service credit purchased based upon such employee’s salary at the date of termination.  Such  payment must be made on or before thirty (30) days after the effective date of this  Ordinance.(h)(1)    Notwithstanding anything contained herein to the contrary, each employee of  the Thomasville Fire Department and Thomasville Recreation Department who has less than ten  (10) Years of Service and who is also within eighteen (18) months of having ten (10) Years of Service in the pension fund shall, prior to their termination of employment with the City, be permitted to “buy forward” an amount of service credit sufficient for said employee to have  ten (10) Years of Service in the Plan; provided, however, that an employee shall not be allowed to purchase more than eighteen (18) months of service credit in the pension fund. The cost to each terminated employee will be the employee’s Salary Assessment pursuant to Section 2-194 for the amount of service credit purchased based upon such employee’s salary at the date of termination.   Such payment must be made on or before thirty (30) days after the effective date of this  Ordinance.

      (2)  Each employee who elects to purchase  such service credit as set forth above in subparagraph (h)(1) of this section 2-190, shall be treated as having contiued as a plan particioant in the plan for the period of service credit so purchased but in no event longer than eighteen months beginning on the date of termination of employment with the city.  If any employee who has purchased service credit pursuant to subparagraph (h) (1) of this section 2-190, returns as an  employee of the city in any capacity during the period of twelve (12) months from the date of  termination of employment with the city, and further that the employee has not been refunded his or  her salary assessments as defined in section 2-194, pursuant to section 2-193, such employee shall continue as a plan participant as if such employee had not incurred a break-in-service with the city.  If such employee does not return as an employee of the city within a twelve (12) month period following termination of employment with the city, but returns as an employee at a later date, such employee will be treated, for purposes of the plan, as if such employee was hired as a new employee and his or her prior service with the city will not be recognized.  

    (3)Any employee leaving the employ of the city who has, pursuant to Section 2-194, paid Salary Assessments into the pension fund, and has less then ten (10) Years of Service who elects to  receive a refund of his or her contributions pursuant to Section 2-193 shall be treated as if he or  she terminated his or her participation in the Plan as of the date of refund.

(Ord. of 12-23-96(1),  I; Ord. of 10-12-98,   VI; Ord of 2-8-99; Ord of 5-10-99)