§ 16-62. Separation from employment for military service.

The years or parts of a year that a member performs qualified military service after separation from employment as a general employee with the city shall be added to the member's years of credited service for all purposes, including vesting, provided that:

(1) The general employee must return to their employment as a general employee within one (1) year from the earlier of the date of their military discharge or their release from service.

(2) The general employee deposits into the fund the same sum that the member would have contributed if they had remained a general employee during their absence. The general employee must deposit all missed contributions within a period equal to three (3) times the period of military service, but not more than five (5) years or he or she will forfeit the right to receive credited service for his or her military service pursuant to this section.

(3) The maximum credit for military service pursuant to this section shall be five (5) years.

(4) In order to qualify for the purchase of credited service pursuant to this section, the general employee must have been discharged or released from service under honorable conditions.

(5) Effective January 1, 2007, in the case of a member who dies while on a leave of absence to perform qualified military service as described in section 414(u) IRC, the member's beneficiary shall be entitled to any benefits (other than benefit accruals relating to the period of qualified military service) that would have been provided under the plan had the member resumed and then terminated employment on account of death, in accordance with section 401(a)(37) IRC.

(6) This section is intended to meet or exceed the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), and the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "Heart Act"). To the extent that this section does not meet the minimum standards of USERRA or the Heart Act, as it they may be amended from time to time, the minimum standards shall apply.

(Ord. No. 99-02, § 2, 5-4-99; Ord. No. 2013-08, § 4, 5-21-13)