Except as otherwise provided in §§
38-7 through
38-9, a participant will receive credit only for years of credited service and years of eligibility service for his or her actual service with the City as a covered employee on or after July 1, 1998.
An individual shall receive partial or full
credit for years of credited service and years of eligibility service,
as follows:
A. Vesting. For purposes of determining the extent to
which a participant is vested in his or her accrued benefit, and eligibility
for early or normal retirement benefits, or for any other purpose
under the plan except benefit accrual, the participant shall receive
credit on the basis of the number of whole years of eligibility service.
B. Benefit accrual. Except as otherwise provided in §§
38-14 and
38-28, for purposes of determining the extent to which a participant shall accrue benefits, the participant shall receive fractional credit equal to 1/12 of a year of credited service for each calendar month during which he or she was a covered employee for the entire month, but shall receive no fractional credit with respect to any calendar month during which he or she was not a covered employee for the entire month.
Any covered employee as of June 1, 1998, has
the right to elect to receive credit for years of credited service
and years of eligibility service for service recognized and performed
under the Maryland State Retirement System. Such election is irrevocable
and must be made prior to June 5, 1998. If such service is transferred
and recognized under the plan, the participant shall receive full
credit under the plan for all such service.
A participant may receive credit for periods of employment with another government employer under the circumstances described in this §
38-17, provided that such service has not been transferred and recognized under §
38-16 above. If such service is transferred and recognized under the plan, either:
A. Adjustment of retirement date. The participant's early retirement date and normal retirement date shall be adjusted in accordance with Subsection
C below; and/or
B. Amount of benefit payable to participant. The amount of the benefit payable to the participant pursuant to §
38-28 and the participant's accrued benefit shall be adjusted in accordance with Subsection
D below.
C. Adjustment of early retirement date and normal retirement
date. For the sole purpose of calculating whether a participant has
reached his or her early retirement date or normal retirement date
under the plan, a participant's years of eligibility service include
the following:
(1) Years of eligibility service of up to five years will
be provided for periods of full-time employment with another government
employer provided that such periods of full-time employment are in
a position classification which is comparable to one or more of the
position classifications of covered employees.
(2) The total years of eligibility service provided under
this subsection shall not exceed five years.
D. Adjustment of the amount of benefit payable. For the sole purpose of calculating a participant's accrued benefit and his or her retirement benefits payable under §
38-28, any participant may irrevocably elect, at any time after performing his or her first hour of service as a covered employee and prior to reaching a termination date, to transfer to the plan the amount of any participant contributions made to another government employer retirement plan under which the participant was covered, together with interest previously credited by such plan, provided that such plan permits transfer of contributions to this plan. If a participant so elects, the amount of his or her accrued benefit and the amount of retirement benefit as calculated under §
38-28 shall include an actuarial adjustment for the participant contributions which are transferred, subject to the limit under §
38-17E.
[Amended 5-16-2017 by Ord. No. O-17-06]
E. Adjustment limit. Notwithstanding anything to the contrary in §
38-17D, if a participant retires within five years after transferring into the plan, the benefits payable with respect to the transferred service credit may not be greater than the benefits that would have been payable by the previous government employer with respect to that service if the participant had remained with the previous government employer, or any other amount permitted under § 37-203(f)(3) of the State Personnel and Pensions Article of the Annotated Code of Maryland.
[Added 5-16-2017 by Ord.
No. O-17-06]
[Amended 11-28-2006 by Ord. No. O-06-30; 9-25-2012 by Ord. No.
O-12-13]
A. A participant
may apply for and receive credit for years of credited service for
service in the armed forces of the United States which precedes the
participant’s employment commencement date if the participant:
(1) Is
not entitled to a military pension from the United States government
or any other foreign government, other than a disability pension;
(2) Has
years of credited service totaling at least 10 years (determined without
regard to his or her military service);
(3) Was
actively employed by the City on or before June 30, 1998, or on or
after October 26, 2012; and
(4) Did not receive credit for such service pursuant to §
38-16.
B. In the case of a participant who was actively employed by the City on or before June 30, 1998, the total pre-employment military service credited under this §
38-19 shall not exceed five years and shall also be credited as years of eligibility service. In the case of a participant who was not actively employed by the City on or before June 30, 1998, but was actively employed by the City on or after October 26, 2012, the total pre-employment military service credited under this §
38-19 shall not exceed three years and shall not be credited as years of eligibility service. If a participant receives credit for years of eligibility service and/or years of credited service under both this §
38-19 and §
38-14F, the total service credited shall not exceed the greater of five years or the amount of such service credited pursuant to §
38-14F.
If a participant terminates employment for the
City as a covered employee, but either remains an employee of the
City, or ceases to be an employee, but becomes an employee of a government
employer, and becomes eligible to participate in a retirement plan
sponsored by the government employer, the participant may elect to
transfer service earned under this plan to the retirement plan sponsored
by such other government employer to the extent allowed by such other
retirement plan.
[Added 3-23-2021 by Ord. No. O-21-01]
Solely for purposes of determining the amount of the participant's benefits payable pursuant to §
38-28,
38-29, or
38-30, the participant shall receive additional years of credited service for unused sick leave. Unused sick leave shall be credited by dividing the number of accrued sick leave hours as of the participant's termination date by the number of annual, contractual, regularly scheduled hours applicable to the participant as of the participant's termination date, then multiplying the product by 12 and rounding up or down to the nearest number of whole months. Fractions of 0.50 will be rounded to the closest even number. For example, a participant whose accrued sick leave as of the participant's termination date equals 586 hours whose annual, contractual, regularly scheduled hours equal 2,496 will receive an additional three months of credited service ((586/2496) x 12) = 2.817, rounded to three months of credited service. Notwithstanding the foregoing, in no event will the additional credit for accrued sick leave cause the participant's retirement benefit to exceed 60% of average compensation.