§ 2-411. Termination of membership.

(a)

The accrued financial benefits of the retirement system shall be a contractual obligation of the city and shall not be diminished or impaired by the city. The terms of this article shall constitute the only basis upon which each such contractual obligation shall arise and accrue, and no benefits shall arise or accrue to any member or retirant except those specifically provided in this article and in accordance with the terms thereof. Any member who, in the performance of member's duties, commits a felony or uses member's official or employment status with the city as a means for the commission of a felony shall thereby bring about a forfeiture of member's right to any pension or benefits under authority of this article and shall be entitled only to a refund of member's accumulated contributions.

(b)

Except as otherwise provided in this article, should any member have separated or become separated from the service of the city for any reason except member's retirement or death, member shall thereupon cease to be a member and member's credited service at that time shall be forfeited. Should member be re-employed by the city, the re-employed former member shall again become a member.

(c)

If a former member's re-employment occurs within a period of three (3) years from and after the date the former member last separated from city service, the former member's forfeited credited service shall be restored to member's credit subject to section 2-429(4). Upon member's retirement or death member shall thereupon cease to be a member.

(d)

If a former member:

(1)

Is re-employed after January 1, 2007;

(2)

Has at least thirty (30) months' previous credited service; and

(3)

His or her re-employment with the city occurs after three (3) years but within a period of fifteen (15) years from and after the date the former member last separated from the city service, then

the former member's forfeited credited service may be restored to the member's credit, provided the member deposits his or her withdrawn contributions accumulated and interest pursuant to section 2-429(d) within five (5) years after the member becomes reemployed with the city. If a member deposits his or her withdrawn contributions and interest, the service credit for the first period of employment shall be calculated based upon the factor and final average compensation in effect on the date of first separation from employment with the city. Upon a member's retirement or death, the member shall thereupon cease to be a member.

(Ord. No. 638, § 1, 9-15-03; Ord. No. 671, § 1, 1-17-06; Ord. No. 681, § 1, 10-16-06)