§ 62-76. Military service credit.

(a)

In the event an employee of the city who, while employed by the city, entered or enters the armed forces of the United States during any period of compulsory military service, and reenters the employ of the city, such armed service rendered by him, not to exceed five years, shall be credited him as city service, subject to the following conditions:

(1)

His reemployment by the city occurs within 90 days from and after termination of such armed service required of him.

(2)

He pays into the annuity savings fund the amount he may have withdrawn therefrom, together with regular interest from the date of withdrawal to the date of repayment.

(b)

In any case of doubt as to the period to be so credited any member, the board shall have final power to determine the period. During the period of armed service and until his return to city employment, the city employee's contributions to the retirement system shall be suspended.

(c)

Firefighter members, and general members not included in a labor agreement and not an employee of the city housing commission may purchase city retirement service credit for military service performed prior to enrollment in the city retirement system subject to the following:

(1)

Military service credit may be purchased by these employees at the true and full, actuarial determined cost.

(2)

The purchase of military service credit will not be subsidized by the city or the city employees retirement system.

(3)

Upon the written request of an employee to purchase military service credit, the city clerk shall obtain a cost from the city's actuary to prepare a study to determine the true and full actuarial cost. Upon payment of the cost of the study by the requesting employee, the city clerk shall authorize the actuary to prepare the study.

(4)

After completion of the study, the employee shall have 60 days from receipt of the actuarial study to pay the full cost of the purchase of military service credit. If the employee decides to purchase the military service time after 60 days, a new study will be prepared at the employee's cost.

(5)

Military service credit may be purchased at any time prior to retirement.

(6)

The maximum buy-back is three years.

(7)

Military service which may be purchased is for active duty as a member of the armed forces of the United States. This includes the Army, Navy, Air Force, Marine Corps, Coast Guard, Auxiliary Corps as established by Congress, member of the Army Nurse Corps, Navy Nurse Corps, or Red Cross Nurse who has served in the Army, Navy, or hospital service of the United States. A copy of the employee's DD214 shall be submitted as verification of service. The military discharge must be honorable.

(8)

There shall be no double benefits, i.e., double-dipping, as follows:

a.

An employee cannot purchase military time if the employee is already receiving city retirement credit for the same period.

b.

An employee cannot purchase military time if the employee is receiving or is eligible to receive a military retirement for the same time period.

(d)

Police patrol members and police command members may purchase city retirement service credit for military service performed prior to enrollment in the city retirement system subject to the following:

(1)

Military service credit may be purchased by these employees at the true and full, actuarial determined cost.

(2)

The purchase of military service credit will not be subsidized by the city or the city employees retirement system.

(3)

Upon the written request of an employee to purchase military service credit, the city clerk shall obtain a cost from the city's actuary to prepare a study to determine the true and full actuarial cost. Upon payment of the cost of the study by the requesting employee, the city clerk shall authorize the actuary to prepare the study.

(4)

After completion of the study, the employee shall have 60 days from receipt of the actuarial study to pay the full cost of the purchase of military service credit. If the employee decides to purchase the military service time after 60 days, a new study will be prepared at the employee's cost.

(5)

Military service credit may be purchased at any time prior to retirement.

(6)

The maximum buy-back is three years.

(7)

Military service which may be purchased is for active duty as a member of the armed forces of the United States. This includes the Army, Navy, Air Force, Marine Corps, Coast Guard, Auxiliary Corps as established by Congress, member of the Army Nurse Corps, Navy Nurse Corps, or Red Cross Nurse who has served in the Army, Navy, or hospital service of the United States. A copy of the employee's DD214 shall be submitted as verification of service. The military discharge must be honorable.

(8)

There shall be no double benefits, i.e., double-dipping, as follows:

a.

An employee cannot purchase military time if the employee is already receiving city retirement credit for the same period.

b.

An employee cannot purchase military time if the employee is receiving or is eligible to receive a military retirement for the same time period.

(Code 1971, § 24-44; Ord. No. 02-324, § 2, 5-6-02; Ord. No. 03-333, § 2, 2-3-03)