4.36.900 - Outdated provisions
The following provisions no longer apply to current or possible future members of the system, or involve benefits already conferred on existing members. These provisions remain in effect only to the extent necessary to determine already conferred benefits and for purposes of compliance with requirements of the Internal Revenue Code. None of these provisions is effective with respect to current or future members of the retirement system as of October 19, 2014. References to enacting and amending ordinances follow each provision.
A. Former subsection 4.36.103.E which reads as follows:
"Coverage and Exclusions. This section extends to workers in active City service on or after January 1, 1989. Workers in active City service in temporary, interim, intermittent, and part-time positions of less than twenty (20) hours per week, who have exceeded the hours in Section 4.36.103 A3 on the effective date of Ordinance 114592 shall have six (6) months thereafter to acquire service credit for prior service in such positions. This section and Section 4.36.195 provide the exclusive methods for temporary, interim, intermittent, provisional workers or workers in part-time positions of less than twenty (20) hours per week over a one (1) year period to become members of the retirement system."
(Ord. 123361, § 96, 2010; Ord. 121595 § 1, 2004; Ord. 120794 § 63, 2002; Ord. 120114 § 10, 2000; Ord. 116368, § 9, 1992; Ord. 113309 § 1, 1987; Ord. 111493 §§ 1-3, 1983; Ord. 111136 § 1, 1983; Ord. 111135 § 1, 1983; Ord. 107312 § 1, 1978: Ord. 101794 § 1, 1973: Ord. 101738 § 1, 1973: Ord. 100877 § 1, 1972: Ord. 98861 § 1, 1970; Ord. 98163, § 1, 1969; Ord. 83534, § 2, 1954; Ord. 78444 § 9, 1949.)
B. That portion of former Section 4.36.100 and subsection 4.36.110.A which reads as follows:
"Officers and employees of the City (except those excluded by subsection H of this section) and of the Seattle Public Library shall become members of the retirement system upon completion of six (6) months' continuous service, as follows, except that six (6) months' continuous service shall not be required for officers and employees to whom subsection L of this section applies:
A. Mandatory Membership. Every officer or employee of the City and of the Seattle Public Library, who enters City service on or after June 21, 1986, shall become a member of the retirement system upon completion of six (6) months' continuous service, except:
1. Elective officials exempt under subsection D of this section;
2. Individuals with a statutory right to continuation of their membership in a Washington State or federal government retirement system under subsection E of this section;
3. Certain officers in positions exempt from civil service under subsections C and F of this section;
4. Employees who are excluded under subsection H4 of this section; and
5. Temporary, interim, intermittent, provisional and part-time workers under Sections 4.36.103 and 4.36.195."
(Ord. 121365 § 1, 2003; Ord. 120684, § 2, 2001; Ord. 119291 § 1, 1998; Ord. 117018, § 1, 1994; Ord. 114592 § 1, 1989; Ord. 112833 § 1, 1986; Ord. 107164 § 1, 1978; Ord. 106588 § 1, 1977; Ord. 104382 § 1, 1975; Ord. 100918 § 1, 1972; Ord. 98597 § 1, 1970; Ord. 81727, § 1, 1953; Ord. 81521, § 2, 1952; Ord. 78444 § 4, 1949.)
C. Subsection 4.36.100.C, which reads as follows:
"1986 Nonmembers. An officer or employee with six (6) months' continuous City service, who on June 21, 1986, held an appointive position exempt from the classified civil service (1) could elect to join or rejoin the retirement system by completing and filing an election form with the Board of Administration on or before December 31, 1986, ("Option (1)"), or (2) after the effective date of this ordinance may elect to join or rejoin the retirement system as authorized by subsection E of Section 4.36.535 ("Option (2)"). Option (1) also extended to officers and employees, who held such position before June 21, 1986, and on or before December 31, 1986, with respect to such a position (a) were recalled from a layoff status; (b) returned from an approved leave; or (c) completed six (6) months' continuous City service. An officer or employee within Option (1) could, on or before December 31, 1986, contract for credit for "prior service" (creditable service before December 31, 1986) in the retirement system in accord with subsection A of Section 4.36.567."
(Ord. 121365 § 1, 2003; Ord. 120684, § 2, 2001; Ord. 119291 § 1, 1998; Ord. 117018, § 1, 1994; Ord. 114592 § 1, 1989; Ord. 112833 § 1, 1986; Ord. 107164 § 1, 1978; Ord. 106588 § 1, 1977; Ord. 104382 § 1, 1975; Ord. 100918 § 1, 1972; Ord. 98597 § 1, 1970; Ord. 81727, § 1, 1953; Ord. 81521, § 2, 1952; Ord. 78444 § 4, 1949.)
D. Subsection 4.36.120.D, which reads as follows:
"A member of the City Employees' Retirement System who has entered into an irrevocable separation incentive agreement with the City pursuant to the terms of the ordinances introduced as Council Bills 114257, 114258, or 114313 may purchase up to four (4) years of service credit from the Retirement System. To acquire such service credit:
1. The member shall, within fourteen (14) days of payment of the net proceeds of the separation incentive payment, pay a lump sum into the retirement fund representing the employee's and the employer's contributions otherwise required to receive such service credit pursuant to Seattle Municipal Code Chapter 4.36; and
2. The member may include in this lump sum additional personal resources to the extent permitted by law in order to purchase the full four (4) years of service credit. Direct transfers and other rollovers of funds from other retirement plans under Municipal Code Section 4.36.585 must be made prior to the member's separation from City employment."
(Ord. 123871, § 8, 2012; Ord. 120922 § 4, 2002; Ord. 120891 § 1, 2002; Ord. 117241, § 1, 1994; Ord. 113847 § 2, 1988; Ord. 104912 § 1, 1975: Ord. 104244 § 1, 1975: Ord. 104156 § 2, 1974: Ord. 101615 § 1, 1972; Ord. 79798, § 1, 1951; Ord. 78444 § 6, 1949.)
E. Subsection 4.36.150, which reads as follows:
"1975 Increase in existing retirement allowances.
"The monthly benefits of all members retired for service or disability prior to January 1, 1974, and the monthly benefits payable to any person as the result of the death of any member who was retired for service or disability prior to January 1, 1974, shall be increased as of January 1, 1975, by the percentage indicated in the following table opposite the year of retirement of the member upon whose service such benefits are based:
Year of retirement | Percentage increase of monthly benefit payable immediately prior to January 1, 1975
1973 | 1 percent
1972 | 2
1971 | 3
1970 | 5
1969 | 7
1968 | 9
1967 | 11
1966 | 13
1965 | 15
1964 | 17
1963 | 19
1962 | 21
1961 | 23
1960 | 25
1959 | 27
1958 | 29
1957 | 31
1956 | 33
1955 | 35
1954 | 37
1953 | 39
1952 | 41
1951 | 43
1950 | 45
1949 | 47
1948 | 49
1947 | 51
1946 | 53
1945 | 55
1944 | 57
1943 | 59
1942 | 61
1941 | 63
1940 | 65
1939 | 67
1938 | 69
1937 | 71
1936 | 73
1935 | 75
1934 | 77
1933 | 79
1932 | 81
1931 | 83
1930 | 85
1929 | 87
Provided, that the increases herein shall not be applicable to persons receiving benefits as the result of the death of a member who elected "Option B" as provided in Section 4.36.610. The increases provided herein shall be paid from available retirement system funds or from contributions of the City. Nothing in this subsection shall affect the amount of any bonus dividend declared pursuant to Section 4.36.155 1 , nor shall any such bonus dividend be considered as a part of monthly benefits for the purpose of computing the percentage increases authorized in this subsection.
1 4.36.155 was repealed by Ord. 120656."
(Ord. 120358, § 2, 2001.)
F. Subsection 4.36.191. B. C and D, which read as follows:
"One year window for purchase of creditable service for initial six months of City service for employees hired during 1988 through 1998 period
1. During a window period of one (1) year, beginning on the effective date of this section, employees who were hired during the period 1988 through 1998 who have not purchased creditable service for the initial six (6) months of City employment may purchase said creditable service by paying the purchase price, as determined by the Board, into the retirement fund, or signing a creditable service purchase contract pursuant to Subsection 4.36.567 C and filing it with the Retirement Board. The creditable service may be purchased based on the following price formula:
Current City Employees
(current hourly rate) × (current member contribution rate) × (amount of hours to be purchased).
Former City Employees
(final hourly rate as determined by the Board and adjusted for inflation) × (contribution rate in effect for new members as of effective date of Section 4.36.570) × (amount of hours to be purchased).
2. Purchases by former city employees made pursuant to Subsection 4.36.900 F.1 must be paid in full by lump sum payment by the end of the window period established in said subsection or the date of retirement, whichever occurs first.
3. City Matching Contributions under Subsection 4.36.900 F.1. As matching contributions pursuant to Subsection 4.36.540 A, each year the employing department shall pay into the retirement fund the matching amount equivalent to any member lump sum payment made pursuant to this section or, if a member purchased pursuant to a contract under Subsection 4.36.567 C, the member's current year buy back payments all as billed by the Retirement office."
(Ord. 121365 § 6, 2003; Ord. 120684, § 6, 2001.)
G. Subsection 4.36.196, which reads as follows:
"Special option for purchase of creditable service by employees of the Seattle Firefighter's Pension Fund hired prior to January 1, 2007.
1. An officer or employee of the Seattle Firefighter's Pension Fund who was hired as an employee or officer thereof on or before the effective date of this Ordinance and who thereafter becomes and continues his or her service as an employee of the City may elect to join the City's retirement system and contract to purchase credit for prior service performed for the Seattle Firefighter's Pension Board by completing and filing an election form with the Board, and paying the purchase price, as determined by the Board, into the retirement fund on or before thirty days after the effective date of this ordinance. The creditable service may be purchased based on the following price formula:
(hourly rate) × (current member contribution rate (8.03% × (amount of hours to be purchased) × (interest factor as calculated below).
Creditable service shall be based on the employee's or officer's actual hours and salary in the period of time going back no more that 10 years from the effective date of this ordinance. The interest factor applied to the purchase price will be determined by approximating the net investment returns of the retirement fund that occurred during the period of time that relates to the buyback, with a minimum interest factor no less than the actuarially assumed rate of investment return for the same periods. The purchase price shall be calculated using an annualized interest rate, compounded bi-weekly. Notwithstanding the above purchase price interest factor, the amount credited to the individual member accounts will be calculated by applying an interest rate 5.75% to approximate what the creditable amount would have been had the individual been a contributing member of the retirement system all along. Only the amount credited to the individual member accounts will be included in any benefit calculation or any future withdrawal.
2. An officer or employee subject to this section who fails to exercise his or her option under this subsection on or before thirty days after the effective date of this ordinance, may not thereafter purchase such credit provided, however, that nothing in this section shall affect such an officer or employee's right to elect to join the retirement system or to purchase creditable service earned subsequent to the effective date of this ordinance or at any time thereafter in the manner provided under Section 4.36.525 E of the Seattle Municipal Code.
3. The Seattle Firefighter's Pension Fund shall pay into the retirement fund the matching amount equivalent to any member lump sum payment made pursuant to this Section."
(Ord. 122591, § 4, 2007.)
H. Subsection 4.36.230.B, which reads as follows:
"The disability allowances of all members retired for disability prior to January 1, 1971, shall on January 1, 1971, be increased by Twenty Dollars ($20) per month over the monthly benefit payable immediately prior to January 1, 1971, but no such pension of members retired for disability shall be less than One Hundred Forty Dollars ($140) per month as of such date. Nothing in this subsection shall affect the amount of any bonus dividend declared pursuant to Section 4.36.900 E. Such increases shall be paid from available retirement system funds or from contributions of the City; provided, that such increases shall not be applicable to persons retired for disability on and after September 1, 1970 and on and before December 31, 1970 who pursuant to Ordinance 99271 select benefits applicable to persons who retire on and after January 1, 1971."
(Ord. 124082, § 1, 2012; Ord. 121366 § 5, 2003; Ord. 119707 § 6, 1999; Ord. 116802, § 2, 1993; Ord. 116069, § 2, 1992; Ord. 107228 § 2, 1978; Ord. 100792 § 4, 1972; Ord. 99566 §§ 8, 9, 1970; Ord. 95183, §§ 2, 3, 1966; Ord. 88897, § 3, 1960; Ord. 83534, § 4, 1954; Ord. 81521, § 1, 1952; Ord. 79403, § 4, 1950; Ord. 78444 § 16, 1949.)
I. A provision erroneously numbered as Section 4.36.192 in Ordinance 120684, which reads as follows:
"Purchase of creditable service by past employees.
A. This Section allows members who are City employees on December 1, 2001, to purchase creditable service after termination of City employment.
B. The creditable service purchase provisions established by Council Bill 113988, Ordinance 120684, shall be available to said employees until December 31, 2002 except for the purchase provisions of Section 4.36.191(B) which shall be available to said employees during the entire window period described therein.
C. Creditable service purchased pursuant to this Section must be paid in full by lump sum payment by the earlier of December 31, 2002, or by the date of retirement except purchases made pursuant to 4.36.191(B). Purchases made pursuant to 4.36.191(B) must be paid in full by lump sum payment by the end of the window period established in said subsection or the date of retirement, whichever occurs first."
(Ord. 125109, § 56, 2016; Ord. 124574, § 54, 2014.)
