PARTICIPATION

Memphis Code of Ordinances tit. 4, ch. 4-24, art. 1

in effect

Memphis Code of Ordinances § 4-24-1 Participation.

Sec. 4-24-1. - Participation. A. General rule. Each employee hired on or after October 1, 1948 and before July 1, 1978, who, as of December 31, 1989, was a participant in the 1948 plan, as constituted in chapter 4-8 as in effect on that date, and who continues as an employee after December 31, 1989, shall continue to be a participant in this 1948 plan as of his or her employment creditable service date without any further action on his or her part. He or she shall remain a participant in this 1948 plan until the earlier of his or her termination of employment as an employee or operation of the provisions of this title which make him or her a participant in the 1978 plan or otherwise remove him or her from this 1948 plan. B. Elected employees. Any employee elected to his or her position, including the mayor or any member of the council, after April 1, 1951, and before July 1, 1978, who, as of December 31, 1989, was a participant in the 1948 plan, as constituted in chapter 4-8 as in effect on that date, and who continues as an employee after December 31, 1989, shall continue to be a participant in this 1948 plan as of his or her employment creditable service date without any further action on his or her part. He or she shall remain a participant in this 1948 plan until the earlier of his or her termination of employment as an employee or operation of the provisions of this title which make him or her a participant in the 1978 plan or otherwise remove him or her from his or her 1948 plan. C. Part-time employees. Each part-time employee hired on or after April 1, 1960, and before July 1, 1978, who, as of December 31, 1989, was a participant in the 1948 plan, as constituted in chapter 4-8 as in effect on that date, and who continues as a part-time employee after December 31, 1989, shall continue to be a participant in this 1948 plan as of his or her employment creditable service date without any further action on his or her part. He or she shall remain a participant in this 1948 plan until the earlier of his or her termination of all employment with the city (part-time and full-time) or his or her removal from this 1948 plan by operation of the provisions of this title. (Code 1985, § 25-60; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-24-2 Reemployed participants.

Sec. 4-24-2. - Reemployed participants. Any former participant in this 1948 plan who was reemployed as an employee prior to July 1, 1978, shall reenter this 1948 plan a participant as of his or her reemployment commencement date. Any former participant in this 1948 plan who was reemployed as an employee on or after July 1, 1978, shall either reenter this 1948 plan or enter the 1978 plan as a participant as provided in section 4-28-1. His or her years of service shall be determined as provided under section 4-4-1(44). (Code 1985, § 25-61; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-24-3 Transferring participants to the plan.

Sec. 4-24-3. - Transferring participants to the plan. A. Memphis light, gas and water division. If the Memphis light, gas and water division has a self-insured retirement system, a member of the Memphis light, gas and water division retirement system may be transferred to this 1948 plan as a participant as of his or her employment creditable service date, if he or she became an employee before July 1, 1978. His or her years of service shall be determined in accordance with section 4-4-1(44)(f)(i). B. Public Library and Information Center. Any employee who is a former member of the Memphis and Shelby County Public Library and Information Center Retirement System may be transferred by and from such library system as a participant in this 1948 plan, provided, he or she became an employee before July 1, 1978, and an amount equal to the total employee contributions made by or on behalf of such transferred participant under such library system shall be transferred to the trust fund. His or her years of service shall be determined in accordance with section 4-4-1(44)(f)(ii). C. Involuntary transfer from the county. 1. An involuntary transfer county employee shall become a participant of this 1948 plan as of his or her employment creditable service date, provided, he or she became an employee before July 1, 1978. Such participation shall be mandatory as a condition of his or her employment. 2. Except for purposes of sections 4-24-12(A) and 4-24-16, the accrued benefit of an involuntary transfer county employee shall be determined as the excess, if any, of a. minus b., where: a. His or her accrued benefit is based on his or her total years of service, including county transfer service, and his or her average monthly compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be; and b. His or her accrued benefit is based on his or her county transfer service and average monthly 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 sections 4-24-12 and 4-24-16, the accrued benefit of an involuntary transfer county employee shall be his or her accrued benefit based on his or her total years of service, including county transfer service, and his or her average monthly compensation as of his or her date of retirement or earlier termination of employment as an employee, as the case may be. (Code 1985, § 25-62; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-24-4 Transferring participants from the plan.

Sec. 4-24-4. - Transferring participants from the plan. A. Memphis Light, Gas and Water Division. If the Memphis light, gas and water division shall have in effect a self-insured retirement system, a participant transferred to the Memphis light, gas and water division retirement system shall receive full creditable service under such system for his or her years of service upon the transfer by and from the trust fund of an amount equal to his or her employee contributions then in the trust fund; provided, however, if the transferred participant was eligible for a normal retirement benefit under section 4-24-10, there shall be no transfer of his or her employee contributions and no transfer of his or her years of service, and upon his or her actual retirement, he or she shall receive the normal retirement benefit to which he or she would have been entitled under section 4-24-10 had he or she retired on his or her date of transfer from this 1948 plan and the transferee retirement system shall pay the balance of the total retirement benefits to which the participant is entitled on his or her actual retirement date under such other system without any credit for past service. B. Involuntary transfer from the city. 1. Any involuntary transfer city employee to the county shall become a member of plan B of the county retirement system subject to the provisions of such plan, as of his or her date of employment with the county. Upon proper notification by city or county government, the board shall issue a certificate stating the amount of the transferred participant's city transfer service. The board shall present to the county such city transfer service certificate for review and acceptance and shall approve such city transfer service; provided such service has been calculated in accordance with this 1948 plan, the conditions regarding transfer by the participant as specified within this 1948 plan are fulfilled and the person transferred reports for employment with the county on the date required by an authorized designee of the county. 2. An involuntary transfer city employee shall receive a benefit under this 1948 plan, if he or she would be entitled to one (other than under section 4-24-12(A) or 4-24-16), based on the sum of his or her years of service and years of creditable service with plan B of the county retirement system. The amount of such benefit shall be determined under this 1948 plan based on his or her average monthly compensation (defined to take into account any compensation received by him or her from the 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 years of service as of the date of his or her transfer from the city. 3. No benefit under section 4-24-12(A) or 4-24-16 shall be paid to any involuntary transfer city 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 plan B of the county retirement system, the participant's employee contributions then in the trust fund shall be transferred to the county retirement plan B. Such transfer shall be a full and unconditional release of any and all obligations of the city under this plan. Under no other circumstances shall any assets of the trust fund be transferred to the county retirement system on behalf of an involuntary transfer city employee and the actuarial funding and payment of any other benefit, as described in subsection (B)(2) of this section, shall be the responsibility of the city. (Code 1985, § 25-63; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-24-5 Participant information.

Sec. 4-24-5. - Participant information. The head of each city department shall give immediate notice in writing to the board of any new employee, and of the change in status of any employee in his or her department resulting from transfer, promotion, leave of absence, resignation, reinstatement, dismissal or death. The head of each department shall furnish such other information, concerning any participant, as the board may require. (Code 1985, § 25-64; Ord. No. 3907, § 1, 12-5-1989)

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_CH4-241948BEPL_ART1PAFetched: 10/28/2026