Computation of length of service.
El Paso City Code § 2.64.260
in effect2.64.260 - Computation of length of service.
A. Credit for Employment Prior to Establishment of Fund. When the right to receive any payment from the pension fund, or the amount of such payment, depends upon the participant's length of service with the city, the participant shall have credit, in computing such length of service, for the full period of time that he has been employed by the city or another approved employer prior to the establishment of such fund in any position which would have entitled him to participate in the fund had it been then in effect.
B. Leave of Absence Without Pay. Any participant on leave of absence without pay from his employment with the city or other approved employer may, at his option, continue to make contributions to the pension fund at the rate he would have paid if he had continued receiving from the city or other approved employer the same salary as he received at the time his leave began, plus the equivalent of the employer's contribution thereon. In such case, the participant shall have the same pension rights as if he were not on a leave of absence. The board of trustees shall provide for the time and manner in which such option may be exercised and such contribution made. The participant may get credit for service during the period of his leave of absence or any part thereof by paying into the pension fund for the period of his leave of absence prior to the submission of his application for retirement. The payment shall be the amount he and the city or other approved employer would have both contributed if he had continued receiving from the city or other approved employer the same salary as he received at the time his leave began. The interest rate will be seven and one-half percent per annum compounded annually for back contribution payments made after January 1, 1981. The time for which he does not contribute shall not be counted for pension purposes as time of employment with the city or other approved employer.
C. Service Breaks.
1. If such employment with the city or other approved employer by a person who was first a fund participant before September 1, 2011 has not been continuous, length of service periods shall be computed by adding the actual time of all periods of employment in any position covered by the pension plan; provided, that:
a. If there be any interval during which the participant was not employed by the city or other approved employer, his time of employment prior to such interval shall be counted if the participant has remained a participant and has not withdrawn contributions under Section 2.64.220.
b. If there be any interval during which the person was not employed by the city or other approved employer and the person had become entitled to the benefits under the plan but was not retired and had withdrawn his contributions under Section 2.64.220, the person shall only receive credit for the length of previous service for which he repays all withdrawn contributions to the fund plus interest thereon at seven and one-half percent per annum compounded annually. A person who is reemployed on or after September 1, 2011, and exercises the option under this section to repay all withdrawn contributions to the fund shall give written notice to the pension administration office of his intent to make the repayment within 30 days after the date of his rehire, and shall make the repayment within 90 days after the date of his rehire. Such a person who fails to timely submit the notice of intent to make the repayment or fails to timely make the repayment shall become a participant of the fund as applicable to persons first hired on or after September 1, 2011, and be subject to all applicable provisions of this chapter regarding the membership in and entitlement to the benefits under the plan regarding such a separate pension. If such option is exercised, all rights or benefits under the plan which depend upon length of service shall recognize the time of previous employment for which all withdrawn contributions have been made good.
2. If such employment with the city or other approved employer by a person who became a fund participant on or after September 1, 2011 has not been continuous, length of service periods shall be computed by adding the actual time of all periods of employment in any position covered by the pension plan; provided, that:
a. If there be any interval during which the participant was not employed by the city or other approved employer, his time of employment prior to such interval shall be counted if the participant has remained a participant and has not withdrawn contributions under Section 2.64.220.
b. If there be any interval during which the person was not employed by the city or other approved employer and the person had become entitled to the benefits under the plan but was not retired and had withdrawn his contributions under Section 2.64.220, the person shall only receive credit for the length of previous service for which he repays all withdrawn contributions to the fund plus interest thereon at seven and one-half percent per annum compounded annually. A person who exercises the option under this section to repay all withdrawn contributions to the fund shall give written notice to the pension administration office of his intent to make the repayment within 30 days after the date of his rehire, and shall make the repayment within 90 days after the date of his rehire. A person who fails to timely submit the notice of intent to make the repayment or fails to timely make the repayment shall become a participant of the fund as applicable to persons first hired on or after September 1, 2011, and be subject to all applicable provisions of this chapter regarding the membership in and entitlement to the benefits under the plan that starts from the date of his rehire. If such option is exercised, all rights or benefits under the plan which depend upon length of service shall recognize the time of previous employment for which all withdrawn contributions have been made good.
D. Notwithstanding anything to the contrary in this section, participants who are on leave of absence without pay due to military active duty orders or when allowed by the Family Medical Leave Act (FMLA) shall not be required to pay interest on back contributions for periods of time while on active duty or on leave allowed by the FMLA, nor shall they be required to pay the equivalent of the employer's contribution; provided, however, that the employer's contribution shall be paid only when the participant's back contributions have been made.
A participant who dies while on active duty or on leave allowed by the FMLA during a period of leave of absence from the city or other approved employer shall receive service credit for pension purposes the same as if the participant had not been on military active duty or on leave allowed by the FMLA; provided, however, that pension contributions have been made by the participant while on active duty or back contributions are made by persons entitled to survivor benefits under this chapter, in the same manner that the participant would have been entitled to make.
Injury occurring while a participant is on active or inactive duty or while on leave allowed by the FMLA shall not be considered as a job-related injury or cause within the meaning of Section 2.64.210 A of this chapter. The provisions of Section 2.64.210 B shall, however, apply in the case of injury occurring on active or inactive duty or while on leave allowed by the FMLA.
E. For any type of purchase of pension service credit authorized and enumerated in this section, and notwithstanding anything contained in this section to the contrary, the city or other approved employer shall not pick-up or pre-tax contribution payments made pursuant to this section.
(Ord. 16619 § 13, 2007; Ord. 16076 §§ 11, 12, 2005; Ord. 10484, 1991; Ord. 10403, 1991; prior code § 17-13) (Ord. No. 17637, § 11, 8-30-2011; Ord. No. 18782, § p, q, 4-17-2018)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.64CIEMPEFU_2.64.260COLESEFetched: 10/28/2026