Reemployed participants.
Memphis Code of Ordinances § 4-34-3
in effectSec. 4-34-3. - Reemployed participants.
Except as provided in section 4-25-211(B), any former participant under this 2016 plan or the 1978 plan, as amended in 2012, or the 1948 plan of this chapter who is reemployed as an employee shall enter this 2016 plan as a participant upon his/her reemployment commencement date. His/her years of service shall be determined as provided under section 4-25-1(45).
Notwithstanding the foregoing, an eligible public safety employee who was a participant in the 1978 Plan who terminated employment prior to July 1, 2016 and received a lump sum withdrawal or refund of employee contributions pursuant section 4-25-185 of the 1978 Plan, who is reemployed as an eligible public safety employee on or after July 1, 2016 but elected in accordance with Section 4-25-160 to participate in the 1978 Plan shall have the right to be a participant in the 1978 Plan upon such reemployment provided such eligible public safety employee (i) elects in writing in the manner, method, within the time limit, and on such forms as prescribed by the board to repay the trust as provided below; and (ii) such participant repays in full to the trust pursuant to such election in a single lump sum an amount equal to the withdrawal or refunded amount with compounded interest, from the date of withdrawal or refund to the date of repayment, at the rate established by the board. Upon fulfillment of all conditions above (i) such participant shall be an employee for purposes of Section 1-25-1(17), (ii) such participant shall be a participant in the city of Memphis retirement system for general employees, including police officers and firefighters, under City Ordinance Chapter 25, Articles I through VII, Division 2, as applicable, and shall not participate in the 2016 plan, and (iii) the years of service of such participant in the 1978 Plan prior to the participant's termination of employment that would otherwise be disregarded because of his/her prior termination of employment shall be restored. Absent fulfillment of the conditions above such police officer or firefighter upon his/her reemployment shall enter this 2016 Plan.
(Ord. No. 5573, § III, 12-16-2014; Ord. No. 5641, § 1(25-212), 4-11-2017; Ord. No. 5873, § 9, 7-11-2023)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT4PERESY_CH4-342016CABAPLDECOPL_ART2PA_S4-34-3REPAFetched: 10/28/2026