§ 70-201. Composition; exclusions.

(a)

The membership of the retirement system shall consist of the following:

(1)

All persons and employees of the city who were in the classified service of the city on the day preceding the effective date of January 1, 1956, of the retirement system and who continue in the classified service of the city on and after the effective date of the retirement system and all persons who became classified employees of the city on and after the effective date of January 1, 1956, of the retirement system, except as provided in this section.

(2)

Effective retroactive to January 1, 1990:

a.

All part-time employees working 22½ hours or more a week will be eligible to participate in the pension plan upon being continuously employed by the city for one year, at the part-time employee's option.

b.

All full-time employees shall participate in the pension plan except as provided in this section.

c.

All classified employees who prior to April 1, 1991 were not permitted to participate in the pension plan because of their age shall be given credit for each year of classified service to include probationary service toward a vested or normal retirement to a maximum of ten years of membership credit service time. In order to receive this benefit an employee must join the system.

(3)

Any employee as of October 1, 1992, who has reached his 55th birthday before entering into employment with the city may, at the employee's option, join the retirement system. All monies contributed by an employee to the annuity savings funds shall be returned to the employees if they do not attain permanent status.

(b)

The membership of the retirement system shall not include the following:

(1)

Any person whose services are compensated for on a fee or contractual basis;

(2)

The medical committee;

(3)

Elected or appointed officials not in the classified service;

(4)

City attorney;

(5)

Assistant city attorneys;

(6)

Assistant city attorneys who are appointed and serve as a department or division head; or

(7)

Persons employed in a temporary or provisional status for less than nine months.

(8)

Any person, other than a police officer or firefighter, hired as an employee of the city on or after April 1, 2012.

(c)

In all cases of doubt, the board of trustees shall decide who shall be a member within the meaning of the provisions of the retirement system.

(Ord. No. 874, § 10, 6-28-1955; Ord. No. 1064, § 1, 8-13-1957; Code 1960, § 24-24; Ord. No. 2130, § 1, 6-25-1968; Ord. No. 3054, § 1, 1-13-1976; Ord. No. 91-08, § 1, 1-22-1991; Ord. No. 95-28, § 1, 4-11-1995; Ord. No. 2011-25, § 1, 5-10-2011; Ord. No. 2012-27, § 1, 5-22-2012)

Editor's note

The provisions of Ord. No. 2012-27 adopted May 22, 2012, shall become effective retroactively to April 1, 2012.