§ 54-147. Participation.

(a)

The date of participation for each employee employed prior to October 1, 2003, shall be as follows:

(1)

Each employee in the service of the city on October 1, 2003, who was a participant in the superseded plan shall participate in the plan on that date, providing such employee executes the election to participate—current employee form.

(2)

Each employee in the service of the city on October 1, 2003, who was not a participant in the superseded plan and who had not attained the age of 60 years as of his date of employment, shall be eligible to participate in the plan on October 1, 2003 providing such employee executes the participation agreement.

(b)

(1)

Each employee employed between October 1, 2008, and September 30, 2010, inclusive, shall as a condition of employment, participate in the plan by executing the participation agreement.

(2)

Each such employee who meets the eligibility requirements as set forth above shall, as a condition of continued employment, become a participant in the plan, make contributions to the plan as required in section 54-148 hereof, and will be subject to all other provisions in the plan beginning on such date of participation.

(c)

If an employee was a participant in the superseded plan and he or she does not want to be a participant in the city general employees defined benefit retirement plan, they shall execute the election to waive participation form and the vested amount they had in the superseded plan on September 30, 2003, shall be transferred to the International City Management Retirement Association (ICMA-RC) money purchase plan and trust.

(d)

If an employee had elected to participate in the International City Management Retirement Association (ICMA-RC) money purchase plan and trust in lieu of participation in the superseded plan and now wants to participate in the city general employees defined benefit retirement plan effective October 1, 2003, they must execute the election to participate—transferring ICMA employees form which shows the amount that must be deposited in the trust fund. By depositing the amount in the trust fund the employee will be credited with credited service from date of employment. The amount so deposited shall be the minimum amount the employee shall receive under the plan upon termination of employment for any reason. The employees who are transferring on October 1, 2003, shall be identified on a list by name and amount compiled by the city manager.

(e)

General employees hired on or after October 1, 2010, but prior to January 1, 2012, into positions not included in a bargaining unit shall be enrolled in the ICMA-RC money purchase plan and trust for general employees (401A defined contribution plan).

(f)

General employees hired on or after October 1, 2010, but prior to January 1, 2012, into positions included in a bargaining unit shall participate in the city general employees' defined benefit retirement plan.

(g)

General employees hired on or after January 1, 2012, into positions not included in a bargaining unit shall participate in the city general employees' defined contribution retirement plan as set forth in section 54-175. Provided however, any person hired on or after January 1, 2012, as city manager, as city attorney, as a department head, or as an individually contracted employee, who is not already a member of the International City Management Retirement Association (ICMA-RC) money purchase plan and trust, or the city general employees' defined benefit retirement plan, or the city general employees' defined contribution retirement plan may, within seven calendar days of date of hire, make an irrevocable election in writing on a form approved by the retirement committee not to participate in the city general employees' defined contribution plan. If such person makes a timely irrevocable written election not to participate, any employee contributions shall be returned to the person or transferred to another qualified plan, as agreed to by such employee and the city.

(h)

General employees hired on or after January 1, 2012, into positions included in a bargaining unit shall have the option of participating in the city general employees' defined benefit retirement plan as set forth in sections 54-146 through 54-174 or the city general employees' defined contribution retirement plan as set forth in section 54-175.

(Ord. No. 2003-27, § 1, 7-15-2003; Ord. No. 2009-1, § 2, 2-17-09; Ord. No. 2010-29, § 1, 10-19-10; Ord. No. 2011-37, § 2, 1-3-12)