§ 2-598. Eligibility and participation.

(a)

Eligibility. Each individual in the employ of the city shall become eligible to participate in the plan on the first day of the month coincident with or next following the date of his/her appointment as an eligible employee.

(b)

Participation. All eligible employees who, as of the effective date, were participating in predecessor retirement plans will become members of the plan as of the effective date. Each other eligible employee shall automatically become a member in the plan on the first day of the month following (or coinciding with) date he/she becomes eligible. Participation in the plan shall not give a member the right to be retained in the employ of the city, nor, upon dismissal, to have any interest in the trust fund other than as provided herein.

(c)

Limited participation.

(1)

Definitions:

a.

Ineligible employee shall mean:

1.

An employee of the city who is not an eligible employee.

2.

An eligible employee who elects/requests in accordance with section 2-579 to have future employer contributions made to the ICMA program instead of this plan shall be considered to have become an ineligible employee.

b.

Limited participant shall mean a member of the plan who, during part of his/her employment with the city, is an eligible employee, and, during other parts of his/her employment with the city is an ineligible employee.

c.

Limited participant service shall mean, in the case of a limited participant, credited service as defined in the plan, but including service during all times of his/her employment with the city, whether as an eligible employee or an ineligible employee.

d.

Eligible service shall mean, in the case of a limited participant, credited service as defined in the plan, during the part or parts of his/her employment during which he/she is an eligible employee.

(2)

A member shall become a limited participant as of the date he/she becomes an ineligible employee.

(3)

For the purpose of determining a limited participant's credited service for any purpose of this plan, except for the purpose of determining his/her accrued benefit, his/her credited service shall mean his/her limited participant service.

(4)

For the purpose of determining a limited participant's accrued benefit, his/her credited service shall mean only his/her eligible service and calculation of final average earnings shall be based upon his/her eligible service earnings.

(d)

Termination of participation. If the employment of a member is terminated for any reason except his/her retirement, separation after entering a DROP, disability or death, termination benefits, if any, shall be provided according to the provisions of section 2-600(e).

(e)

DROP participants. Except as provided in (f) below, for all plan purposes, the credited service of an employee entering a DROP shall remain as it existed on the effective date of commencement (beginning of DROP period) of participation in the DROP. The participant shall not earn or be credited with any additional credited service under the plan, and service after the effective date of commencement in the DROP shall not be recognized by the plan or used for the calculation or determination of any benefits payable by the plan. After the effective date of commencement of participation in the DROP, a member shall be considered a retiree for all plan purposes, and for the period of his/her participation in the DROP to have deferred receipt of retirement benefits into his/her DROP account, while remaining an employee of the City of Gainesville.

(f)

Re-employed retirees and recipients of termination benefits. A former employee of the City of Gainesville receiving retirement or termination benefits from the City of Gainesville Employees Disability Plan, the City of Gainesville Employees Pension Plan, or retirement benefits or monthly termination benefits from this plan may, upon becoming re-employed by the City of Gainesville become a member of this plan, earn credited service, and become entitled to receive an additional retirement benefit subject to the following conditions.

(1)

Such member shall re-satisfy the eligibility requirements for participation in this plan.

(2)

Such member shall not be entitled to disability benefits under this plan or the City of Gainesville Employees Disability Plan, or entitled to any other disability pension benefit payable from a retirement system or plan of the City of Gainesville.

(3)

No service for which credit was received, or which remained unclaimed, at retirement or termination may be claimed or applied toward service credit earned following renewed membership.

(4)

Such re-employed member shall not be entitled to purchase additional credit for service performed prior to re-employment for which retirement or termination benefits are being received.

(Code 1960, § 20-110.3; Ord. No. 3075, § 2, 11-19-84; Ord. No. 3127, § 3, 5-13-85; Ord. No. 981266, §§ 11, 12, 7-12-99; Ord. No. 070012, § 2, 7-9-07)