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§ 22-301. Service Retirement Benefits.

(1) Eligibility.

(a) Any member of Plan D, Plan J or Plan X who has attained minimum retirement age and, if a member of Plan J, has one (1) or more years of credited service is a vested member of the Retirement System and eligible for service retirement benefits.

(b) Subject to the provisions of paragraphs (c) and (d) below, any member of Plan A, Plan B, Plan L, Plan Y, Plan '10, or Plan 16 who has attained minimum retirement age and has ten (10) or more years of credited service is a vested member of the Retirement System and eligible for service retirement benefits.

(c) (.1) After the effective date of this Title (January 13, 1999), members of Plan A, Plan B, Plan Y or Plan '10 who are both exempt from civil service and not represented by a union and who are employed after the effective date of this Title, shall vest their retirement benefits upon attaining five (5) years of credited service. During such vesting period, such employees shall each contribute, in addition to the employee contribution as determined in § 22-902, a proportionate contribution equal to one hundred percent (100%) of the member's share of the aggregate normal cost of the additional benefit, over the cost of 10-year vesting, afforded by such earlier vesting period.

(.2) Any members of Plan A, Plan B or Plan Y who are both exempt from civil service and not represented by a union and who are currently employed on the day immediately preceding the effective date of this Title may elect to vest their retirement benefits upon attaining five (5) years of credited service. Such election shall be irrevocable and must be made in writing on forms provided by the Board and filed with the Board within one hundred and eighty (180) days after the effective date of this Title. Such employees who make an election for a five (5) year vesting period shall each be charged for the additional benefit afforded by such earlier vesting period a proportionate contribution equal to one hundred percent (100%) of the member's share of the aggregate normal cost of the additional benefit, over the cost of 10-year vesting, afforded by such earlier vesting period.

(.3) After the effective date of this Title (January 13, 1999), members of Plan A, Plan B, Plan Y or Plan '10 who are both exempt from civil service and not represented by a union and who have prior City service and are reemployed after the effective date of this Title may elect to vest their retirement benefits upon attaining five (5) years of credited service. Such election shall be irrevocable and must be made in writing on forms provided by the Board and filed with the Board within one hundred and eighty (180) days following either the date of the member's reemployment or the effective date of the ordinance adding this subsection, whichever is later. Such employees who make an election for a five (5) year vesting period shall each be charged for the additional benefit afforded by such earlier vesting period a proportionate contribution equal to one hundred percent (100%) of the member's share of the aggregate normal cost of the additional benefit, over the cost of 10-year vesting, afforded by such earlier vesting period.

(.4) Any members of Plan A, Plan B or Plan Y who currently hold positions (both exempt from civil service and not represented by a union) that would have made them eligible for 5-year vesting under subsection (c)(.2) above if they had held that position on the day immediately preceding the effective date of this Title (January 13, 1999) and who were currently employed on the day immediately preceding the effective date of this Title but who were not in such an eligible position at the time and who subsequently transferred positions without any break in service may elect to vest their retirement benefits upon attaining five (5) years of credited service. Such election shall be irrevocable and must be made in writing on forms provided by the Board and filed with the Board within one hundred and eighty (180) days after the effective date of the amending ordinance adding this subsection.

(d) (.1) After the effective date of this Title (January 13, 1999), members of Plan L and elected official members of Plan '10 who take office after the effective date of this Title shall vest their retirement benefits upon attaining credited service which shall be the lesser of two full terms in their elected office or eight (8) years. During such vesting period, such elected officials shall each contribute, in addition to the employee contribution as determined in § 22-902, a proportionate contribution equal to one hundred percent (100%) of the member's share of the aggregate normal cost of the additional benefit, over the cost of 10-year vesting, afforded by such earlier vesting period. Provided, however, that any such elected officials who, upon taking elected office, have any prior credited City service, shall not be required to vest in less than ten (10) years and pay the additional contributions, but shall have the option to elect to vest their retirement benefits upon attaining the lesser of two full terms in their elected office or eight (8) years, rather than ten (10) years, under the terms and conditions in Section 22-301(1)(c)(.3) above.

(.2) Members of Plan L who are currently holding office on the day immediately preceding the effective date of this Title may elect to vest their retirement benefits upon attaining credited service which shall be the lesser of two full terms in their elected office or eight (8) years. Such election shall be irrevocable and must be made in writing on forms provided by the Board and filed with the Board within one hundred and eighty (180) days after the effective date of this Title. Such elected officials who make an election for such a vesting period shall each be charged for the additional benefit afforded by such earlier vesting period a proportionate contribution equal to one hundred percent (100%) of the member's share of the aggregate normal cost of the additional benefit, over the cost of 10-year vesting, afforded by such earlier vesting period.

(e) Payments for charges for additional benefits under subsections (c)(.2) and (d)(.2) above may be made in accordance with Section 22-806 (Installment Payments) of this Title.

(f) Notwithstanding the provision under subsection (c)(.2) and (d)(.2) above that the election for 5-year vesting (or other term of less than 10 years) shall be irrevocable, any member of Plan A, Plan B, Plan L or Plan Y who made such an election and paid the increased cost may, upon attaining ten (10) years service credit, elect 10-year vesting. Upon such an election, but not before being fully credited with ten (10) years' service as otherwise provided in this Code, such member shall, upon application to the Board, be refunded the cost paid by the member for the additional benefit of 5-year vesting (or other shortened term), without interest.

(g) To qualify as retired, the member must file an application for retirement benefits with the Board and the application must be approved by the Board.

(2) Effective date. Service retirement benefits go into effect the day after the effective date of separation from service.

(3) Amount and calculation of benefits. Annual service retirement benefits may not exceed the member's average final compensation. Annual service retirement benefits are calculated as follows:

(a) For a member of Plan J, two and one-half percent (2.5%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) for the first twenty (20) years of credited service, plus two percent (2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) in excess of twenty (20) years of credited service; provided, however, that such sum shall not exceed eighty percent (80%) of the member's average final compensation.

(b) For a member of Plan D, two and one-half percent (2.5%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day).

(c) For a member of Plan X, two and one-half percent (2.5%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day).

(d) For a member of Plan Y or a member of Plan 16, two and two-tenths percent (2.2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) for the first ten (10) years of credited service, plus two percent (2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) in excess of ten (10) years of credited service.

(e) For a member of Plan B, two and two-tenths percent (2.2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) for the first twenty (20) years of credited service, plus two percent (2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) in excess of twenty (20) years of credited service.

(f) For a member of Plan A, two and two-tenths percent (2.2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) for the first twenty (20) years of credited service, plus two percent (2%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day) in excess of twenty (20) years of credited service.

(g) For a member of Plan L, three and five tenths percent (3.5%) of average final compensation multiplied by the amount of credited service (expressed in years and specified to the day).

(h) For police and fire employee members of Plan '10, one and three quarters percent (1.75%) of average final compensation multiplied by the member's years of credited service for the first twenty (20) years of credited service.

(i) For members of Plan '10 who are municipal employees or elected officials, one and a quarter percent (1.25%) of average final compensation multiplied by the member's years of credited service for the first twenty (20) years of credited service.

(j) Notwithstanding the provisions of subsections (h) and (i) above, the sum of any benefits under Plan '10 plus any benefits to which a member is entitled pursuant to prior membership in another Plan under this Title shall not exceed the member's average final compensation. For purposes of this subsection (j) only, "average final compensation" shall be as defined with respect to the member's prior Plan, as set forth in § 22-105(6)(a), (b) or (c), as applicable.

(4) Fresh-Start Rules. In no event shall the accrued benefit of any employee who is a member on the last day of the Retirement System year beginning in 1995 be less than the greater of: (a) the member's accrued benefit as of the last day of the plan year beginning in 1995, determined in accordance with the provisions of the Retirement System as in effect on such date, or (b) the member's accrued benefit determined in accordance with the benefit formula in effect on the first day of the Retirement System year beginning in 1996 based upon the member's credited service credited before and after such date.

(5) Minimum Service Requirement. No member of Plan J shall be eligible for service retirement benefits unless the member shall have at least one (1) year of credited service with the Retirement System. If a separated member has less than one (1) year of credited service, contributions shall be refunded upon the written request of the member. To the extent that the Retirement System provides other rights, benefits or entitlements to separated employees, such rights, benefits or entitlements shall remain in force and effect.

(6) Time of Vesting. A member's time of vesting shall be determined as of the end of the first full pay period following the member's vesting date.

(7) Notwithstanding the provisions of § 22-301(3), a member of Plan A, Plan X, Plan B, Plan D or a Fire or Police employee member of Plan '10, who has retired or hereafter retires with twenty (20) or more years of credited service, shall receive a retirement benefit of at least $1,000 per month. Such minimum monthly payment shall be required only as to the member's initial unadjusted monthly benefit amount, prior to the application of any distribution option or early retirement option, and prior to any division of the benefit as a result of any court order, including a Domestic Relations Order, or an agreement by the member.

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