§ 2-349.22. Military service prior to employment.

The years or fractional parts of years that a police officer serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorable or under honorable conditions, prior to first and initial employment with the city police department shall be added to his years of credited service provided that:

(1)

The member contributes to the fund the sum that he would have contributed based upon his salary and the member contribution rate in effect at the time the credited service is requested had he been a member of the system for the years or fractional parts of years for which he is requesting credit, plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service.

(2)

Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement.

(3)

Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which credited service shall be given or the member may elect to make payment for the requested credited service over a period of time as provided for in subsection (6) below.

(4)

The maximum credit under this section shall be three (3) years.

(5)

Credited service purchased pursuant to this section shall count for all purposes, except vesting and eligibility for not-in-line of duty disability benefits.

(6)

In lieu of the lump sum payment provided for in subsection (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in subsection (1). The payment plan provided for in this subsection shall be subject to the following terms:

a.

The principal amount to be paid shall be determined as set forth in subsection (1) above.

b.

The original principal amount shall be amortized over the period beginning with the first payment and ending no later than sixty (60) months from the date of the first payment.

c.

Payments shall consist of principal and interest at a rate of eight (8) percent per annum.

d.

Payments shall be made by payroll deduction from each paycheck on an after-tax basis.

e.

In the event that a member dies, retires (including entry into any deferred retirement option plan (DROP)) or otherwise terminates his employment, without having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment.

f.

In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the system other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the system, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him, less all interest paid.

(Ord. No. 2009-14, § 1, 12-7-09)