(a) Any retiree who is retired under this fund, except for disability retirement, may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this fund. Reemployment of a retiree by the City on or after January 1, 2017, shall be subject to the limitations set forth in this section.
(b) Reemployment in a position other than as a police officer or in a position supervising police officers. Notwithstanding any other provision of this plan, a retiree who is retired from the fund on a normal retirement at normal retirement age, and who is subsequently reemployed by the city in a position other than as a police officer or in a position supervising police officers, shall, upon being reemployed, continue receipt of benefits from this fund. The benefit paid from this fund shall not be changed in any way by such reemployment. These payments shall be considered in-service distributions.
(c) Reemployment as a police officer. In the event a retiree who is retired from the fund is subsequently reemployed by the city as a police officer or into a position that supervises police officers, the benefit payable to the retiree from this fund shall be suspended for the period of such reemployment until the retiree terminates employment with the city.
(1) If by virtue of re-employment as a police officer, the retiree is eligible to participate in this plan, the retiree shall be deemed to be 100% vested upon re-employment.
(2) The additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement.
(3) Calculations of benefits for each retirement shall be based upon the benefit accrual rate, average annual earnings, credited service, cost-of-living adjustment as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average annual earnings (based only on the subsequent employment period), credited service, cost-of-living adjustment, if applicable, as of the date of subsequent retirement.
(4) The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit.
(d) Re-employment of terminated vested persons. Re-employed terminated vested persons, including those elected or appointed to the City Commission, shall not be subject to the provisions of this section until such time as they begin to actually receive benefits after termination of employment in accordance with Section 18-169(e).
(e) Notwithstanding any provision of subsection (a), (b) (c) or (d) above, a retiree who has retired on an early retirement or a disability retirement may not be reemployed by the city and continue to receive a benefit from this fund. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the plan at the time of retirement.
(Ord. No. 18-006, § 6, 5-15-18)
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