§ 203-28. Military Service Credit Prior to Membership.

(a)

An Active Member who has been honorably discharged from the Armed Forces of the United States prior to their employment with the City may purchase up to 3 years of military service credit which shall be considered as the equivalent of City service for each year of active duty service.

(b)

For each year of service purchased, for military service performed prior to January 1, 1978, the Member shall pay to the Retirement System for credit to such Member's accumulated account an amount determined by multiplying the 6 percent rate of contribution by the annual compensation for full-time employment during the first year of Membership in the Retirement System following termination of military service.

(c)

For each year of service purchased, for military service performed on or after January 1, 1978, the Member shall pay to the Retirement System for credit to such Member's accumulated account an amount determined by multiplying the applicable Member contribution rate in effect for the period of military service by the annual compensation for full-time employment during the first year of membership in the Retirement System following termination of military service. To this amount shall be added an amount equal to compound interest at 4 percent per annum from the date active military service terminated to date of payment.

(d)

An Active Member whose Membership date is prior to January 1, 2010 who had active military service prior to employment may purchase such service, and any such purchased service will be included for purposes of determining whether a Member has obtained five years of Creditable Service prior to July 1, 2011, and is entitled to the appropriate vesting for such service. The number of years purchased shall not exceed three years. A service purchase under this section is subject to existing service purchase procedures and policies.

(e)

A Member of the Retirement System is ineligible to purchase service credit under this section for any year of military service used in the calculation of any retirement benefit currently being paid to the Member or payable in the future under any other retirement program except military retirement or social security. At the time the credit is purchased the Member shall certify on a form furnished by the Board that such Member does and will conform to this requirement. Any benefit paid under this section to which the Member is not entitled shall be recovered by any recovery procedures available under this chapter.

(f)

The Board shall promulgate rules and regulations consistent with the provisions of this chapter for the granting of retirement service credit for military service.

(C.M.C. 203-28; ordained by Ord. No. 25-1975, eff. Jan. 1, 1975; a. Ord. No. 474-1977, eff. Jan. 1, 1978; a. Ord. No. 300-1979, eff. Aug. 4, 1979; a. Ord. No. 545-1983, eff. Dec. 23, 1983; Emer. Ord. No. 083-2013, § 2, eff. April 10, 2013; a. Ord. No. 336-2016, § 1, eff. Nov. 26, 2016; a. Emer. Ord. No. 343-2018, § 1, eff. Oct. 31, 2018)