§ 2.64.170. Participation in pension system—Coverage of former employees of El Paso Transit Services, Inc.—Special provisions  


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  • The provisions of this chapter are extended to all employees of the city whose employment was transferred to the city from El Paso Transit Services, Inc., effective as of January 13, 1980; and all provisions of this chapter shall be applicable to such employees except as follows:

    A. Any such transit employee who had reached his sixtieth birthday on or before January 13, 1980, at his option may participate in the fund. The effective date of such participation shall be the effective date of this subsection. However, any employee may elect to make the effective date of his participation the date of his employment with the city rather than the effective date of this subsection. If the employee should so elect, then the employee shall pay contribution at the regular rate beginning as of the effective date of this subsection and also shall pay into the fund, subject to the limitations of Section 415 of the Internal Revenue Code, the amount of the contributions which he would have paid had he been a member from the date of his employment. The city will make corresponding contributions in accordance with the formula in effect at such previous time. Such option must be exercised before receiving death, disability or pension benefits. In either event, all rights or benefits under the fund which depend upon length of service shall be determined as set out in subsection B of this section.

    B. In determining the right of any such employee to receive any payment from the pension fund, he shall have credit, in computing his length of service, for the period of time prior to January 13, 1980, that he was employed by El Paso Transit Services, Inc., and its predecessors—Country Club Bus Lines, Inc., El Paso City Lines, Inc., and Lower Valley Bus Lines, Inc.—as determined from the records of the pension plan being maintained on their behalf as of January 12, 1980, by El Paso Transit Services, Inc. Provided any such employee shall have the right to receive the minimum payments under Section 2.64.250 only if he has completed at least ten years of service after January 13, 1980.

    C. In determining the amount of any payment which is payable on behalf of any such employee from the pension fund, the total period of time prior to January 13, 1980, that he was employed by the El Paso Transit Services, Inc., and its predecessors—Country Club Lines, Inc., El Paso City Lines, Inc., and Lower Valley Bus Lines, Inc.—shall be excluded from his length of service.

(Ord. 13219 (part), 1997; prior code § 17-4.4)