§ 2.64.120. Participation in pension system—Civil service employees.

All classified civil service employees shall be fund participants as of the date of their appointment, subject to the conditions specified in the following subsections:

A.

Persons eligible to membership in the firemen and policemen pension fund set up by state law shall not be eligible for membership in the city employees' pension fund.

B.

Seasonal or temporary employees shall not be eligible. Regular part-time employees may at their option become members of the city employees' pension fund by making the irrevocable election to participate in the fund as provided by and in accordance with the terms set forth in Section 2.64.140.

C.

Employees of the city-county health district shall be members of the pension fund as provided in Section 2.64.130. Classified employees who are otherwise eligible to become members of the city employees' pension fund under this section, but whose salaries are paid partially or entirely from county, state or federal grant funds, must become members of the city employees' pension fund on the applicable terms and conditions specified in this section and on the following additional terms and conditions:

1.

If the employer's contribution is an allowable expense under the terms of the relevant grant, the employer's contribution must be paid from the relevant grant budget and the employee must be a member of the pension fund.

2.

If the employer's contribution is not an allowable expense under the terms of the relevant grant, the employee may at his option become a member of the pension fund, provided that in such case the employee shall make the employer's contribution from the employee's personal funds.

3.

In no case shall the employer's contribution be paid from general city revenue not allocated to the relevant grant budget.

4.

The terms and conditions of this subsection C. shall be effective only until December 31, 2007.

D.

Any person who at the effective date of Ordinance No. 750 was employed under a temporary or provisional appointment, or who had not completed his probationary period under an appointment, and who had been contributing to the pension fund, may have elected to continue to contribute or may have withdrawn his contributions, without interest. If he elected to continue to contribute, he shall be entitled to the same rights as if Ordinance No. 750 had not been passed. If he elected to withdraw his contributions, he shall lose all rights to participation in the fund, unless he afterwards qualifies under this chapter. If he fails to make his election within thirty days after the effective date of Ordinance No. 750, he shall be deemed to have elected to withdraw his contributions, and no further pension deductions shall be made from his paycheck unless he afterwards qualifies.

E.

Persons who have signed pension waivers before the effective date of Ordinance No. 750, but from whom contributions to the fund have been accepted, shall have the same right of election as if such waiver had not been signed.

F.

After the effective date of Ordinance No. 750, no pension fund deductions shall be made from the paychecks of any person thereafter appointed, unless and until he has been properly certified and appointed; nor shall such deductions be made from the paycheck of any person not eligible for membership in the pension system as herein provided.

G.

Some persons given provisional or temporary appointments after April 30, 1952, and afterwards given permanent appointments, lost considerable pension time under subsection F. of this section because they were, without their fault, not appointed as promptly as they should have been. To prevent injustice to such persons, the following options are now extended to every person who comes within all three of the following classes: (i) such person was provisionally or temporarily appointed after April 30, 1952; (ii) such person was not retired before February 11, 1971; and (iii) such person received a permanent appointment while serving in this provisional or temporary status.

1.

If such person retires because of reaching compulsory retirement age, he may, for pension purposes, get credit for such provisional or temporary time by paying into the fund. The interest rate will be seven and one-half percent per annum compounded annually for back contribution payments. The city will make contributions without interest in accordance with the formula in effect at such previous time. If the person wishes to take advantage of the option to get credit for such provisional or temporary time, he shall pay the required amount before he submits his application for retirement to the board.

2.

[Intentionally omitted].

3.

If such person dies, the pension office shall as soon as possible, notify all persons known to have the right to death benefits. Notice to minors shall be given to the person entitled to receive payments for their benefit. Any person entitled to receive death benefits of the person shall have thirty days after the date of death to make up the back contributions, with like consequence as in the previous case.

H.

Any person who has retired from city service under the provisions of this chapter and who is not otherwise excluded or disqualified from the fund, and who is reemployed by the city under circumstances which would permit membership in the fund were it not for the previous retirement, shall be eligible for readmission to the fund under the following conditions:

1.

Pension payments from the fund for retirement from city service pursuant to this chapter shall cease immediately upon reemployment.

2.

As of the date of reemployment, contributions to the fund shall resume pursuant to this chapter, and service credit shall commence to accumulate for calculation of benefits.

3.

A person entitled to benefits under this section who first becomes a fund participant before September 11, 2011, and subsequently retires and is reemployed by the city, shall receive a monthly pension from the pension fund computed according to the formula set forth in Section 2.64.200 where the total complete years and months, and fractional parts of months, of service are used as a single multiplier to compute his monthly pension and shall include such service rendered before the date of his initial retirement and such service rendered after the date of his reemployment until the date of his second and final retirement; provided, that such person reimburses the pension fund for all pension benefits received during such period of separation from city service in one lump sum payment, together with the interest on such total lump sum payment, computed according to the fund's assumed actuarial interest rate, plus any additional liability to the fund computed based on the actuarial tables approved by city council; provided further, that any such person meets the requisites in subsections 1. and 2. A person who is reemployed on and after September 1, 2011, and reimburses the fund pursuant to this section shall give written notice to pension administration office of his intent to make the reimbursement within 90 days after the date of his rehire. Such a person who fails to timely submit the notice of intent to make the reimbursement or fails to timely make the reimbursement shall become a member of the fund pursuant to the provisions of subsection H.4 below.

4.

If a person was first a fund participant prior to September 1, 2011 and is reemployed on or after September 1, 2011 and fails to reimburse the pension fund, he shall become a new and separate participant of the fund as applicable to persons first hired on or after September 1, 2011 and be subject to all applicable provisions under this chapter regarding the membership in and entitlement to the benefits under this part of the plan; provided that any such person meets the requisites in subsections 1. and 2. Upon his second and final retirement, he shall receive a monthly pension from the pension fund in such amount that is calculated as provided in this chapter regarding his original monthly pension, and if entitled, benefits from his second, separate participation in the fund according to the formula set forth in Section 2.64.200. Nothing in this subsection, however, shall be construed to allow the time period of reemployment to be added to the time period of service rendered before the date of his first retirement, and thereby be used as a single multiplier to compute the monthly pension receivable upon his second and final retirement. The prior service credit period and any new service credit period(s) for such participant shall each be administered separately and not combined, and such separate pensions shall be subject to all applicable rules as contained in this chapter regarding each separate pension.

5.

A person entitled to benefits under this section who first becomes a fund participant on or after September 1, 2011, and subsequently retires and is reemployed by the city, shall receive a monthly pension from the pension fund computed according to the formula set forth in Section 2.64.200 where the total complete years and months, and fractional parts of months, of service are used as a single multiplier to compute his monthly pension and shall include such service rendered before the date of his initial retirement and such service rendered after the date of his reemployment until the date of his second and final retirement; provided, that such person reimburses the pension fund for all pension benefits received during such period of separation from city service in one lump sum payment, together with the interest on such total lump sum payment, computed according to the pension fund's actuarial reimbursement analysis on the date of reimbursement; provided further, that any such person meets the requisites in subsections 1. and 2. Such a person who reimburses the fund pursuant to this section shall give written notice to the pension administration office of his intent to make the reimbursement within 30 days after the date of his rehire, and shall make the reimbursement within 90 days after the date of his rehire.

Such a person who fails to timely submit the notice of intent to make the reimbursement or fails to timely make the reimbursement shall become a new member of the fund pursuant in the same manner as provided in subsection H.4. above. The prior service credit period and any new service credit period(s) for such participant shall each be administered separately and not combined, and such separate pensions shall be subject to all applicable rules as contained in this chapter regarding each separate pension.

6.

A person entitled to benefits under either subsection 3. or 4. of this section who retired immediately prior to being appointed or elected to a position in the unclassified services which is not eligible for membership in the pension fund, who immediately upon leaving that position, is reemployed in the classified services or in a position in the unclassified services which is eligible for membership in the pension fund, shall receive a monthly pension from the pension fund computed according to the formula set forth in Section 2.64.200 where the total complete years and months, and fractional parts of months of service used as a single multiplier to compute his monthly pension shall include such service rendered before the date of his retirement and such service rendered after the date of his reemployment in the classified service until the date of his second and final retirement.

I.

Notwithstanding anything contained in this section to the contrary, the city or other approved employer shall not pick-up or pre-tax, pursuant to Section 2.64.401, buy-back contribution payments set forth in this section.

J.

Certain emergency medical service personnel who became participants in the City of El Paso Firemen and Policemen Pension Fund shall be considered, for purposes of this plan, as separated from service from their original employment with the City as of the first day of their participation in the City of El Paso Firemen and Policemen Pension Fund.

(Ord. 16797 § 2, 2007; Ord. 16619 § 3, 2007; Ord. 16474 § 2, 2006; Ord. 16076 §§ 1—3, 2005; Ord. 13482, 1998; Ord. 13219 (part), 1997; Ord. 12730 § 1, 1996; Ord. 11393 § 1, 1993; Ord. 10897 (part), 1992; Ord. 10096, 1990; Ord. 9867 (part), 1989; Ord. 9030 §§ 1—10, 1987; Ord. 8829, 1986: prior code § 17-3)

(Ord. No. 17637, § 2, 8-30-2011; Ord. No. 18089, § 9, 10-29-2013; Ord. No. 18782 , § i, j, 4-17-2018)