(a) Generally. Credited service shall be used to determine a participant's accrued benefit and eligibility for benefits under the plan. A participant's credited service is the elapsed time period from employment commencement date to the date of termination of such employment, except as otherwise stated within this section Generally one day of credited service shall be credited for each day in the elapsed time period. A participant's credited service includes service purchased according to subsection (i).

(b) Disability. A disabled participant shall accrue credited service during the period of disability.

(c) Military duty. A participant who returns to employment with the city from qualified military service during the period within which reemployment rights are guaranteed by law will receive service credit with respect to the participant's period of qualified military service (within the meaning of section 414(u)(1) of the code) in accordance with section 414(u) of the code and applicable regulations, and as described in subsections (1), (2), and (3) below.

(d) Paid leave of absence. A participant on paid leave of absence shall accrue credited service during the period of such leave.

(e) Employment before March 1, 1967. Employees shall accrue credited service for any period of employment with the city prior to March 1, 1967, only if the participant became a participant on the first date of eligibility, or elected to become a participant retroactively pursuant to Ordinance No. 74-101 and made all required contributions to the plan.

(f) Former age exclusions. Beginning January 1, 1988, all individuals who were excluded from the plan on account of age and who complete at least one hour of service as an employee on or after January 1, 1988, shall enter the plan and earn credited service without regard to age.

(g) Reemployment. A participant whose employment has terminated, and who is rehired by the city and becomes a plan participant within five years after the date of termination, may repay into the trust an amount equal to any amount received upon the previous termination of employment, with compound interest thereon at the average rate of interest credited on employee contributions during the period of non-employment. For purposes of repurchasing service credit, the plan shall accept payment by check or a participant contribution of an eligible rollover distribution from, or a direct rollover of an eligible rollover distribution from, the following: a qualified plan described in section 401(A) or 403(A) of the code, excluding after-tax employee contributions, an annuity contract described in section 403(B) of the code, excluding after-tax employee contributions, and an eligible plan under section 457(B) of the code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. For purposes of repurchasing service credit, the plan will also accept a participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(A) or 408(B) of the code that is eligible to be rolled over and would otherwise be includible in gross income. For purposes of repurchasing service credit, the plan shall also accept payroll deduction contributions under the following conditions: the participant may make a one-time irrevocable payroll deduction authorization (and may not make more than one such authorization) of a specific amount over a specific time period (not to exceed the five year limit) to repurchase service credit; the payroll deductions covered by the authorization shall be picked up by the City as described in code section 414(H)(2); although designated as employee contributions, these contributions are paid by the City in lieu of contributions by the participant, and once the contributions begin the participant is not given the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the plan; the deductions covered by such authorization shall only apply to compensation earned after the effective date of this plan provision and after the effective date of the authorization and shall cease only after the authorization has expired by its terms or upon the participant's death or the participant's termination of employment for any reason. Any such repayment which is other than a single-sum payment shall be repaid by installments as determined by the board, but such repayment shall be made at a minimum rate of $1,000.00 per year and must be completed within five years following reemployment or by retirement, if earlier. Upon repayment of the full amount, the participant shall be entitled to the credited service accrued at the prior termination. If less than the full amount is repaid, any amount which has been repaid will be refunded at the fifth anniversary of the reemployment commencement date or at the time of retirement, if earlier, together with any interest earned between the date of repayment and the time of refund. The participant will not receive any previously accrued credited service if less than the full amount is repaid. Previously refunded vested city contributions and the interest earned on previously refunded vested city contributions since the date of refund that are repaid to the plan shall be excluded from the participant's contribution accumulation for the purpose of computing a new vested city contribution amount pursuant to subsection 102-140(f). Should a former participant, rehired by the City, elect not to reimburse the trust for the amount previously received with interest as provided in this subsection, such former participant, upon being employed by the city shall be treated as a new employee for all purposes of this plan, and the previously accrued credited service shall not be reestablished.

If a deferred vested participant is rehired by the city prior to payment or commencement of payments under the plan, the credited service accrued at the prior termination shall be reestablished and the pension payable upon the later termination, death, disability or retirement pursuant to subsections 102-141(a)- (d) or 102-141(f) shall be based on the combined total credited service established during each period of employment and the final average monthly compensation as of the later termination of employment or retirement.

(h) Limitations. No period of credited service shall be deemed to be increased or extended by overtime or lump sum payments received in lieu of sick leave or vacation.

Credited service shall not include any period of service during which the participant has elected not to participate in this plan or is covered under any other retirement or pension plan to which the city makes contributions, other than that provided by the federal social security act.

Credited service shall not include any period of time during which the participant is on a nonpaid leave of absence, except for disability pursuant to subsection (b) of this section and military leave pursuant to subsection (c) of this section.

(i) General employees' retirement plan administrative staff. Employees on the general employees' retirement plan administrative staff on June 30, 2003 may make a one-time irrevocable election to purchase credited service which matches the employee's service prior to June 30, 2003 on the plan's administrative staff. This election may be exercised within 60 days of final passage of this section. The cost to purchase prior service shall be determined by the plan's actuary and shall be an amount equal to 11 percent of the compensation received by the employee during the period of prior service, with compound interest thereon at the average rate of interest that was credited by the plan on employee contributions for that time period. For purposes of purchasing service credit, the plan shall follow the rules of subsection (g) regarding payment by check, rollover, or payroll deduction, installments of at least $1,000.00 per year, the refund with interest of insufficient payments, and the five-year time limit on payment (expires five years after final passage of this section.) Amounts used to purchase service credit shall be segregated and shall not be considered as any portion of the participant's contribution accumulation. Upon a refund, the segregated amount shall be refunded with interest plus the participant's contribution accumulation with the participant's vested city contributions. For purposes of determining the percent of vested city contributions, all years of credited service shall be counted. (Code 1979, § 15-45; Ord. No. 2011-29, § 3, 9-12-2011; Ord. No. 2003-63, § 2, 9-29-2003; Ord. No. 2001-81, § 1, 1-7-2002; Ord. No. 97-77, § 4, 1-5-1998; Ord. No. 96-38, § 3, 10-7-1996)