§ 5-1-216. ALLOWANCE FOR SERVICE RETIREMENT—POLICE.

(a)

Except where otherwise described, the term "member" means a Group 4 member who is one of the sworn personnel of the police department.

(b)

A sworn member of the grade of lieutenant or below who retires prior to January 1, 1988, a sworn member of the grade of captain or above who retires prior to July 1, 1988, or a member meeting the requirements of subsection(e) of this section shall be entitled to receive a service retirement allowance irrespective of age calculated in accordance with § 5-1-214(b) of this subtitle upon completion of twenty (20) years of creditable service. Such a member who has completed twenty (20) years of creditable service and attained normal service retirement age shall be entitled to receive a minimum benefit of forty-two and one-half (42.5) percent.

(c)

(1)

A member who retires on or after July 1, 1995 with a minimum of twenty (20) years of creditable service shall be entitled to receive a service retirement allowance, consisting of an annuity and a pension which together will provide a minimum benefit of fifty (50) percent of average final compensation plus two (2) percent for each year of creditable service in excess of twenty (20) and three (3) percent for each year of creditable service in excess of twenty-five (25), provided such member shall:

(i)

If the member was in service before July 1, 2007, have attained the age of fifty-five (55) or a minimum of twenty (20) years of creditable service; or

(ii)

If the member begins service on or after July 1, 2007, have attained a minimum of twenty-five (25) years of creditable service.

(2)

A member who retires on or after July 1, 1995 with less than twenty (20) years of creditable service shall be entitled to receive a service retirement allowance consisting of an annuity and a pension which together will provide a benefit of two (2) percent of the member's average final compensation for each year of creditable service provided such member shall:

(i)

If the member was in service before July 1, 2007, have attained the age of fifty-five (55) years and a minimum of five (5) years of creditable service; or

(ii)

If the member begins service on or after July 1, 2007, have attained the age of sixty (60) years and a minimum of ten (10) years of creditable service.

(3)

The three (3) percent benefit accrual rate provided for in this subsection does not apply to any years of creditable service over twenty-five (25) years served before July 1, 2007.

(4)

The benefit provided for under this section may not be greater than one hundred (100) percent of the member's average final compensation.

(d)

Effective January 1, 1988, in order to fund the increased benefits provided in this section, all members of the grade of lieutenant or below shall pay an additional contribution, based on actuarial studies, but not in excess of forty-four one-hundredths (44/100) of one (1) percent of salary. Effective July 1, 1988, all members shall pay the additional contribution, based on actuarial studies, which shall not be in excess of one (1) percent of salary.

(e)

Effective January 1, 1988, notwithstanding the provisions of § 5-1-212 of this subtitle, credit for military service may only be used to determine the amount of service retirement allowance and shall not be used to determine eligibility or the minimum years of creditable service required under subsection (c) of this section.

(f)

A member who was employed by the county prior to July 1, 1987, and who elects to receive the retirement allowance provided for in subsection (b) of this section may continue to have credit for military service used to determine eligibility or minimum years of creditable service.

(g)

A member who was employed by the county on or after July 1, 1987, shall be eligible to receive only the retirement allowance provided for in § 5-1-214(b) of this subtitle or subsection (c) of this section.

(h)

Any member in the service who has attained the age of sixty-five (65), if a member of Group 4, shall be retired forthwith or on the first day of the next calendar month. Notwithstanding the foregoing, on written request of the employer to the Board of Trustees stating that such employee is mentally or physically capable of carrying out the member's duties and request being approved by the Board of Trustees, the employee may be continued in service for a period of one (1) year, and for successive periods of one (1) year each as the result of each such request and approval.

(1988 Code, § 23-51) (Bill No. 84-94, § 1, 7-1-1994; Bill No. 91-95, § 1, 7-1-1995; Bill No. 32-03, § 1, 7-1-2004; Bill No. 48-07, § 2, 7-1-2007; Bill No. 30-10, §§ 2, 6, 7-1-2010)

Editor's note:
  Section 9 of Bill No. 30-10 provides that the changes made in subsections (b) and (g) of this section correct errors made in Bill No. 32-03, a code revision bill, and shall take effect retroactive to July 1, 2004.