§ 2-76. Qualifications for retirement.

(a)

Any member of the retirement system who has attained the age of seventy (70) years in the service of the city and while a member of the retirement system, or who attains age fifty-five (55) and whose age added to number of years of service equals eighty (80), shall be eligible for retirement for superannuation under the provisions of this division. Any member whose age added to the number of years of service equals eight-five (85) shall be eligible for retirement for superannuation under the provisions of this division, provided such member was participating in the retirement system on November 23, 1988. For the purposes of this section a "member" is defined as an employee vested in the retirement system in accordance with the provisions of section 2-72 of this division.

(b)

Any such member may retire from service by filing with the retirement board a written statement duly attested setting forth at what time subsequent to the date of filing thereof, but not later than sixty (60) days subsequent to such date, he desires to be retired; or the retirement board may, at its option, retire any such eligible member, other than an elected official, by furnishing him written notice thereof at least sixty (60) days in advance of the specified date of such retirement.

(c)

Any member of the retirement system who, after ten (10) years of continuous service as an employee of the city, shall be totally and permanently disabled, except as a result of his own willful misconduct, from earning compensation at any substantially gainful employment, may be retired for disability according to the provisions of this division; provided proof of total disability is submitted to the retirement board, which shall cause examinations to be made by at least two (2) impartial medical examiners; and provided such total disability, if shown to the satisfaction of the retirement board to have been sustained during the performance of essential duties pertaining to his employment by the city, shall entitle such member to retirement for disability irrespective of the duration of his employment.

(d)

Reinstatement of an employee in the retirement system who had previously been retired for disability shall be conditioned upon such medical examination as the retirement board may prescribe and upon payment to the retirement fund of contributions previously withdrawn, together with such an amount as will establish the proper actuarial reserve for that portion of the annuity reinstated, which was represented by the contributions previously withdrawn.

(e)

No employee who has withdrawn his contributions made to any other retirement system of the city shall receive credit for that period of service represented by his membership in such other retirement system unless such contributions have been reinstated subject to such rules and regulations as the retirement board may prescribe.

(f)

In computing years of service to determine eligibility for retirement, no year shall be included in which the employee has not been in actual service for at least seven hundred twenty (720) hours and at least nine (9) months. Time spent as a member of any of the various boards or in any other capacity rendering incidental service to the city shall not be included. Time spent in military service shall be included for the purpose of computing years of service pursuant to the provisions of Section 414(u) of the code. No employee who has been eligible for benefits under, but has made no contributions to, any other retirement system of the city shall receive credit hereunder for the period of service represented by employment during the time such other system was in effect, unless he pays to the retirement board an amount equal to the contributions required by such other retirement system subject to the such rules and regulations as the board shall prescribe.

(Code 1960, § 47-6; Ord. of 2-4-69; Ord. of 2-2-71; Ord. of 11-5-80; Ord. of 1-14-03; Ord. of 6-12-18)