Memphis Code of Ordinances tit. 4, ch. 4-32, art. 2 — PARTICIPATION | Memphis Code of Ordinances (Supp. No. 33: codified through Ordinance No. 5959, enacted May 12, 2026) — City of Memphis

Memphis Code of Ordinances § 4-32-3 Participation.

Sec. 4-32-3. - Participation. A. All full-time and permanent part-time employees of the employer as of April 1, 1975, shall be participants under the '75 plan of the retirement system, and their entry date shall be: 1. For full-time employees, the date they began their service with the Memphis and Shelby County Public Library and Information Center, Memphis Public Library and Information Center, Memphis Public Library, or Cossitt Library; and 2. For permanent part-time employees, the date which is the first day of the 12-month period in which they were compensated for 1,000 or more hours as described in section 4-32-1, definition of "permanent part-time employee." B. All salaried full-time and permanent part-time employees who enter library service after April 1, 1975, and before April 1, 1979, shall, as a condition of such employment, be participants, pursuant to the '75 plan provisions, from the effective date of entering such service. C. All employees who enter library service on or after April 1, 1979, as a result of being hired or rehired, shall be participants under the '79 plan; provided, however, that an employee who was a participant under the '75 plan and who: 1. Terminated employment while under such provisions after having satisfied the requirements for a vested benefit under such provisions and who elected a monthly retirement benefit in lieu of a return of his or her contributions; or 2. Retired under such plan under regular retirement or disability retirement provisions, shall, following any subsequent rehire, be a participant of the '75 plan, rather than the '79 plan. D. Except as specifically provided above, all employees who enter library service on or after April 1, 1979, shall become participants of the '79 plan of the retirement system and not participants of the '75 plan. In the case where an employee who was a former participant under the '75 plan becomes a member under the '79 plan because of being rehired and not being covered by subsection (C)(1) and (2) of this section, credited service, if any, shall be granted in this system for such prior participation in the retirement system pursuant to section 4-32-21. E. Notwithstanding the foregoing, permanent part-time employees hired on or after January 1, 1992, shall not be eligible for participation in the retirement system. (Code 1985, § 18-42)

Memphis Code of Ordinances § 4-32-4 Transfers.

Sec. 4-32-4. - Transfers. Under the circumstances described in this section a participant may be credited with additional service and/or have service under this plan credited as additional service under certain other retirement plans. A. Involuntary transfer from the city or county. Each involuntary transfer employee shall present to the board a certificate stating the amount of his or her city or county transfer service. The board shall have the authority to review and accept such transfer service certificate and shall approve crediting of such transfer service as credited service, provided such service has been calculated in accordance with the city or county retirement system, as applicable, all conditions regarding the transfer of the participant as specified in this fulfilled, and the person transferred reports for employment with the city or county on the date required by authorized designee of the city or county. Transfer service shall be added to the participant's credited service for purposes of determining the participant's eligibility for a retirement allowance; B. Accrued benefits of involuntary transfer employee. Except for purposes of section 4-32-8, the accrued benefit of an involuntary transfer employee shall be determined as the excess, if any, of a. minus b., where: 1. Is his or her accrued benefit based on his or her total years of service, including city or county transfer service, and his or her average compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be; and 2. Is his or her accrued benefit based on his or her city or county transfer service and average compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be. For purposes of section 4-32-8, the accrued benefit of an involuntary transfer employee shall be his or her accrued benefit based on his or her total years of service, including transfer service, and his or her average compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be. C. Involuntary transfer from the library. 1. A library transfer employee to the city or county shall become a member of the city or county retirement system, as applicable, subject to the provisions of such plan, as of his or her date of employment with the city or county. Upon proper notification by city or county government, the board shall issue a certificate stating the amount of the transferred participant's transfer service. The board shall present to the city or county such transfer service certificate for review and acceptance and shall approve such transfer service, provided such person transferred reports for employment with the city or county on the date required by an authorized designee of the city or county. 2. A library transfer employee shall receive a benefit under this plan, if he or she would be entitled to one other than under sections 4-32-8 or 4-32-19(A), based on the sum of his or her years of creditable service with the library retirement system. The amount of such benefit shall be determined under this plan based on his or her average compensation (defined to take into account any compensation received by him or her from the city or county prior to his or her retirement, death or disability not incurred in line-of-duty, or other termination of employment) and his or her credited service as of the date of his or her transfer from the library. 3. No benefit under section 4-32-8 or section 4-32-19(A) shall be paid any library transfer employee. Instead, upon payment to the employee of any benefits due to death or disability attributable to hazardous duty in accordance with the terms of the city or county retirement system, the participant's employee contributions then in the trust fund shall be transferred to the city or county retirement plan. Such transfer shall be a full and unconditional release of any and all obligations of the library under this plan. Under no other circumstances shall any assets of the trust fund be transferred to the city or county retirement system on behalf of a library transfer employee, and the actuarial funding and payment of any other benefit shall be the responsibility of the city or county. (Code 1985, § 18-43; Ord. No. 4173, § 1, 4-16-1993)