Section 5-305 Retirement Benefits Upon Termination.

City Charter Section

(a)  Eligibility.  A FPDR Two Member whose employment with the Bureau of Fire or Police terminates after completing five Years of Service shall be eligible to receive the benefit on vested termination.  A FPDR Two Member whose employment with the Bureau of Fire or Police terminates after completing one‑half Year of Service and before completing five Years of Service shall be paid the benefit on unvested termination.  A FPDR Two Member who fails to return to work upon recovery from disability shall be treated as terminating employment on the date of recovery.

(b)  Amount of Benefit on Vested Termination.  The benefit on vested termination shall be the FPDR Two Member's retirement benefit accrued under Section 5‑304 to the date of the FPDR Two Member's termination of employment with the Bureau of Fire or Police based on Final Pay at such termination. 

(c)  Form of Benefit on Vested Termination.  The benefit on vested termination shall be payable monthly for the life of the FPDR Two Member commencing on Earliest Retirement Date which shall be the date the FPDR Two Member would have been eligible to receive a retirement benefit under Section 5‑304 assuming continued service as an Active Member.  The benefit shall be adjusted as provided in Section 5‑312.

(d)  Amount and Form of Benefit on Unvested Termination.  The benefit on unvested termination shall be a lump sum, payable at termination, equal to the sum of the following:

1.  The FPDR Two Member's contributions to the Fund prior to July 1, 1990, if any.

2.  Seven percent of the FPDR Two Member's Base Pay received after June 30, 1990, disregarding Base Pay received during the first six months after becoming a Member.

(e)  Reappointment.  A FPDR Two Member who has received the benefit on unvested termination and is later reappointed as an Active Member may repay to the Fund the amount received within 60 days after such reappointment and have Years of Service before the earlier termination restored.  If the Member does not make such repayment, the Member shall be a FPDR Three Member.

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