§ 5-1-233. DISCONTINUED SERVICE BENEFIT.  


Latest version.
  • Notwithstanding anything to the contrary in this subtitle, should a member be removed from a regular permanent position as employee of the county without fault upon the member's part or should a member be removed as an employee of the county by the elimination of the member's position or should a member appointed or elected for a fixed term not to be reappointed or reelected, after the completion of twenty (20) years of creditable service and the attainment of age fifty (50) or after the completion of twenty-five (25) years of creditable service regardless of age, such member may elect, in lieu of the withdrawal of the member's accumulated contributions, to have such contributions paid to the member in an annuity of equivalent actuarial value, in which event the member shall also be paid a pension equal to the ordinary disability pension that would have been payable at such time had the member been retired on an ordinary disability retirement; and the county shall provide for and pay to the retirement system for the purpose of paying such pension the additional amount so required. The payment of all such pensions and the continued payment of such pensions shall be contingent on the payment annually by the county of the additional amount so required to meet the current disbursement of such pensions. Should such a beneficiary be restored to active service, the beneficiary's retirement allowance shall cease, the beneficiary shall again become a member of the retirement system, and the beneficiary shall contribute thereafter at the same rate the beneficiary paid prior to retirement; provided, however, that should such beneficiary be appointed or elected to any office, the salary or compensation of which is paid by the county, the beneficiary's retirement allowance shall cease, and the beneficiary may again become a member of the retirement system and the beneficiary shall contribute thereafter at the same rate the beneficiary had paid prior to retirement. Any prior service certificate on the basis of which the beneficiary's service was computed at the time of retirement shall be restored to full force and effect, and in addition upon the member's subsequent retirement the member shall be credited with all the member's service as a member; provided the member's pension upon such subsequent retirement shall not exceed the pension the member was receiving prior to restoration plus such pension as may have accrued on account of the member's membership service after restoration.

(1988 Code, § 23-62) (Bill No. 183-93, §§ 1, 2, 1-30-1994; Bill No. 32-03, § 1, 7-1-2004)