§ 82. Military service.

(a)

Any member of the System or any probationary employee in the fire or police department who is absent from the service of the City because of service in the uniformed services of the United States (as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994) who returns to the service of the City having applied to return while his reemployment rights were protected by law, shall be entitled to all retirement rights and privileges under this system if such member, or such probationary employee after he becomes a member, contributes the amount such member or probationary employee would have contributed had he been a member during the period of service in the uniformed services for which credit is being purchased, and creditable toward service retirement as provided in this section. The amount of any such contributions shall be determined based on the member's Salary in effect immediately prior to such period of absence and the terms of the System in effect at that time. The member shall make any such payments to the System during a repayment period equal to the lesser of (i) three times the member's period of absence for service in the uniformed services or (ii) five years. The repayment period shall begin on the later of (i) the date the member is reemployed by the City and (ii) the date the City notifies the member of his rights under this section.

(b)

Effective September 30, 2013, members, who have at least 5 years but not more than 10 years of Creditable Service under the System on that date, may contribute an additional amount to the System in order to receive service credit for years of active military service in the U.S. Army, Navy, Air Force, Marines or Coast Guard occurring prior to their date of employment with the City. A member may purchase up to two years of such service. The price for each such year shall be 10% (10.5% for members hired on or after September 30, 2013) of the aggregate of the member's Salary during the 12 calendar months immediately preceding the date of such purchase; and such price shall be prorated accordingly if a member's election includes a fractional year of service. Any additional benefits attributable to service purchased under this subsection (b) shall be at the benefit multiplier rate of 3% per year of Creditable Service, with a total maximum additional benefit of 6% based on two years of Credited Service purchased. The purchase of Creditable Service under this subsection (b) for police officer members with 5 or more years of credited service on September 30, 2013 must be completed within 36 months following September 30, 2013. The purchase of Creditable Service under this subsection (b) for police officer members with less than 5 years of credited service on September 30, 2013 must be completed within 36 months following the date the member completes 5 years of Creditable Service. The purchase of Creditable Service under this subsection (b) for firefighter members with 5 or more years of credited service on September 30, 2013 must be completed within 24 months following September 30, 2013. The purchase of Creditable Service under this subsection (b) for firefighter members with less than 5 years of credited service on September 30, 2013 must be completed within 24 months following the date the member completes 5 years of Creditable Service. A member who does not complete and fully pay for the purchase of Creditable Service under this subsection (b) within the applicable time period specified herein shall not receive Creditable Service for more than the amount for which payment has been made, and shall not be eligible to purchase Creditable Service for prior military service in the future.

(c)

Notwithstanding any provision of this plan to the contrary, effective as of December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code of 1986, as amended, and USERRA, as applicable.

(Laws of Fla., 1945, ch. 23414, § 24; Laws of Fla., 1947, ch. 24709, § 9; Laws of Fla., 1951, ch. 27734, § 4; Laws of Fla., 1953, ch. 29286, § 13; election of 11-2-99; Ord. No. 2013-3817, § 7, 9-30-13; Ord. No. 2015-3970, § 6, 10-14-15; Ord. No. 2016-4035, § 5, 9-27-16)