Sec. 114-57. - Definitions.
Capitalized words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Accidental disability means that a member is disabled as the result of an accident occurring while providing services in the course of his employment with an employer and without his willful negligence.
Active member or active membership means a member who is making member contributions and for whom employer contributions are made; active membership and status as an active member shall cease upon the earlier of:
1. The member's death or disability;
2. The member's separation date; or
3. The member's retirement.
Active service means service while an active member.
Actuarial equivalent means a benefit of equivalent actuarial value, based upon (1) the 1971 Group Annuity Mortality Table (the male table being used for all members, and the female table for their beneficiaries, regardless of the actual sex of the member or beneficiary), and (2) a six percent interest rate.
Annuitant means the natural person designated by a member to receive the survivor's portion of such member's retirement allowance, if any. Once payment of an annuity has commenced hereunder, the designation of an annuitant shall be deemed irrevocable.
Armed forces means the United States Armed Forces, including service in the National Guard or Reserve Forces.
Base compensation means a member's uniform, regular rate of pay, determined without regard to overtime, bonus, per diem, payments in kind, premiums constituting imputed income, expenses, allowances, incentives or other awards. A member's base compensation shall be determined according to the member's applicable pay plan range and step in effect, from time to time, including special rates of pay, but excluding any state supplemental pay or millage distribution, except that for members who are fire and police personnel, state supplemental pay shall be included.
Beneficiary means the person or persons designated in writing by a member to whom a refund of his member account may be payable hereunder.
Board of trustees or trustees or board means the board of trustees of the system as constituted under section 114-68 hereof.
City means the City of New Orleans.
Contribution compensation means the compensation of each member with respect to which member and employer contributions are calculated. Such compensation shall be a member's base compensation, increased by any differential and supplemental pay.
Creditable service means service credited to or purchased by an active member as provided in division 4 hereof.
Disabled or disability means a physical or mental impairment which, in the opinion of a licensed physician selected by the trustees, may be expected to result in death or to be of a permanent and continuous duration, and which renders a member totally incapacitated for the further performance of the duties of his regular occupation, or class of similar occupations, provided that the impairment was not contracted or incurred as the direct or indirect result of:
1. Military service;
2. Engaging in a felonious criminal enterprise;
3. Habitual or chronic drunkenness or use of narcotics;
4. Intentional self-inflicted injury; or
5. Declared or undeclared war or enemy action.
The date of a member's disability shall be the earliest date as of which the trustees can determine that such condition has continuously existed.
DROP means the deferred retirement option plan described in division 6 hereof.
DROP account means a bookkeeping account established for a member who has made a DROP election.
DROP election means a member's election to participate in DROP, which shall be made in accordance with section 114-145 hereof.
DROP period means the period during which a member's DROP election remains in force and effect.
Eligible employee means an employee in full-time employment or eligible part-time employment, except:
1. An appointed officer or employee who is or may be included in or covered under any other system established by federal law;
2. An employee who is subject to ineligible part-time employment; or
3. A person, whether or not an employee, who holds a transient, temporary or emergency appointment.
In all cases of doubt, the trustees shall decide who is an eligible employee, and the decision of the trustees shall be final.
Eligible part-time employment means that an employee is regularly scheduled to work less than full-time employment, but (1) at least 20 hours each week, for a usual 40-hour work week, or (2) at least 17½ hours each week, for a usual 35-hour work week.
Employee means a common law employee of an employer.
Employer means the city, including any department, agency or board thereof, and any parochial or judicial office of the Parish of Orleans permitted to participate hereunder in accordance with R.S. 11:3841, which has applied to be an employer hereunder in accordance with section 114-94 and makes employer contributions as determined annually by the trustees, including, but not limited to, the French Market Corporation and the parish communication district.
Employer contribution means the amount determined annually by the trustees and paid to the trust by an employer hereunder.
Full-time employment means that an employee is regularly scheduled to work 35 hours each week or 40 hours each week, as the case may be.
Ineligible part-time employment means that an employee is regularly scheduled to work less than eligible part-time employment.
Member means an eligible employee who has or may accrue a benefit under the system.
Member account means the bookkeeping account for each member that is credited with his member contributions and accrued interest as provided in section 114-202 hereof.
Member annuity means a single life annuity providing substantially equal monthly payments during the life of a member, with no death benefit or member account refund made to any person, which shall be the normal form of benefit hereunder.
Member contribution means the amount determined under section 114-203 hereof, which shall be paid by each active member hereunder.
Ordinary disability means that a member is disabled before his separation date, other than on account of an accidental disability, within the meaning of section 114-172 hereof.
Pensionable compensation means a member's annualized base compensation earned during the consecutive 36-month period of active membership during which such base compensation is the greatest, as further provided in section 114-126 hereof.
1. Notwithstanding the foregoing, for the period beginning January 1, 2014, and ending December 31, 2014, pensionable compensation shall be determined with reference to the consecutive 48-month period of active membership during which base compensation is the greatest and thereafter with reference to the consecutive 60-month period during which such compensation is the greatest.
2. Notwithstanding the foregoing, the pensionable compensation of any member who satisfied the age and service requirements for normal retirement under section 114-125 hereof as December 31, 2011, shall be determined without regard to subsection 1 hereof.
Qualified military service means service in the armed forces that commences on or after December 12, 1994, and otherwise satisfies the requirements of Tax Code Section 414(u).
Retirement or retire or retired means that a member (1) has separated from service and that he has satisfied one of the conditions in section 114-125, or (2) has commenced his DROP period.
Retirement allowance means the amount payable to a member on account of his retirement, determined in accordance with the provisions of division 5 hereof.
Retirement date means the date designated by a member on which his retirement allowance is to commence, including payment to his DROP account, on or after his retirement.
Separation date means the date on which a member's separation from service occurs.
Separation from service or separated from service means that a member's employment with the employer has ceased for any reason.
System means this Employees' Retirement System of the City of New Orleans, as the same may be modified or amended from time to time, sometimes referred to as "NOMERS".
Tax Code means the Internal Revenue Code of 1986, as the same may be amended, restated or replaced from time to time, including any rule, regulation or other guidance promulgated thereunder.
Trust means the aggregate of the contributions, assets, income and other profit or gain from which the benefits and refunds of the system are paid, the investment and administration of which shall be subject to the terms and conditions set forth in division 10 hereof.
(M.C.S., Ord. No. 26460, § 2, 6-18-15; M.C.S., Ord. No. 27607, § 1, 12-1-17)
