RETIREMENT BENEFITS

Memphis Code of Ordinances tit. 4, ch. 4-28, art. 3

in effect

Memphis Code of Ordinances § 4-28-10 Normal retirement.

Sec. 4-28-10. - Normal retirement. A. A 1978 plan participant who elects to retire on or after his or her normal retirement date, by a written election designating the date he or she will retire and delivered to the board not less than 30 days before such designated date, shall be entitled to receive a retirement benefit equal to his or her accrued benefit. B. The board may compel the retirement of a participant on or after his or her normal retirement date, upon the recommendation of a qualified physician and the director of the city division in which the participant is employed that such retirement is in the best interest and efficiency of the division and department. Any such participant shall be entitled to receive a retirement benefit equal to his or her accrued benefit. C. Any city full-time employee who has attained service benefits in accordance with subsection A of this section by December 15, 2000, shall be eligible to receive his or her benefits pursuant to subsection A of this section upon adoption of Ordinance No. 4837 (January 22, 2001) but no such benefits shall accrue prior to adoption of the ordinance and the annuity commencement date of any participant who is to receive his or her benefit pursuant to subsection A of this section in accordance with this provision shall be the date of the adoption of the ordinance. A 1978 plan participant attains normal retirement when he or she meets one of the three conditions set forth in section 4-4-1(30)(b)(i). (Code 1985, § 25-178; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 4837, § 1, 1-22-2001)

Memphis Code of Ordinances § 4-28-11 Involuntary retirement.

Sec. 4-28-11. - Involuntary retirement. A. If the employment of a participant is discontinued without fault or delinquency on the part of the participant, or in the case of a participant who is an elected or appointed employee, is discontinued by reason of his or her failure to seek or achieve re-election or re-appointment, by elimination of the elected or appointed official's position through consolidation or by the elected official's election or appointment to an office not covered by this 1978 plan, and if such participant has 12 years of service as of the date his or her employment is so terminated, then such participant shall receive a retirement benefit under this 1978 plan equal to his or her accrued benefit. B. The annuity commencement date of any participant who is to receive his or her benefit pursuant to subsection A of this section shall be the last day of his or her employment. Any city full-time employee who has attained service benefits in accordance with subsection A of this section by December 15, 2000, shall be eligible to receive his or her benefits pursuant to subsection A of this section upon adoption of Ordinance No. 4837 (January 22, 2001) but no such benefits shall accrue prior to adoption of the ordinance, and the annuity commencement date of any participant who is to receive his or her benefit pursuant to subsection A of this section in accordance with this provision shall be the date of the adoption of the ordinance. C. The provisions of subsections A and B of this section do not apply to persons hired after November 1, 2004. Further, the provisions of subsections A and B of this section do not apply to persons appointed, for the first time, after February 16, 2010. (Code 1985, § 25-181; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 4837, § 1, 1-22-2001; Ord. No. 5076, § 1(part), 2004; Ord. No. 5341, § 1, 1-12-2010)

Memphis Code of Ordinances § 4-28-12 Disability retirement.

Sec. 4-28-12. - Disability retirement. A. Line-of-duty disability. Upon application by or on behalf of the participant or by the director of the city division for which he or she works, any participant determined to have incurred a line-of-duty disability shall receive, during the period he or she suffers from such disability, a retirement benefit equal to the greater of 60 percent of his or her average monthly compensation or his or her accrued benefit as of the date of such disability. The provisions of this subsection shall be effective as of January 1, 1989. B. Ordinary disability. Upon application by or on behalf of the participant or by the director of the city division for which he or she works, any participant determined to have incurred an ordinary disability shall receive, during the period he or she suffers from such disability, a retirement benefit equal to his or her accrued benefit as of the date of such disability; provided, however, the board shall deny any such benefit payments and, instead, refund the participant's employee contributions in accordance with section 4-28-14, if the board has proof that such disability is a result of the participant's gross and willful misconduct. C. Re-examination of disability. At the discretion of the board, a participant receiving benefits under this section may be required to undergo a medical examination by a qualified physician to determine whether the participant continues to suffer from the disability. D. Cancellation of disability retirement. 1. If a participant refuses to undergo medical examination under subsection C of this section, his or her benefits shall be discontinued until he or she withdraws his or her refusal. 2. If a participant is determined under subsection C of this section to have recovered from his or her line-of-duty or ordinary disability his or her disability benefits shall be cancelled and he or she shall be reinstated to city employment. Upon returning to city employment, he or she shall have full credit for all employee contributions and years of service credits to him or her as of the original date of his or her disability. 3. If a participant's disability benefits under this section are cancelled for any reason other than returning to city employment, he or she shall receive a refund of his or her employee contributions, in accordance with section 4-28-14, reduced by the amount of any benefit payments previously made to him or her. 4. If a participant suffering from an ordinary disability and receiving benefits under this section, nevertheless engages in a gainful occupation not with the city or returns to employment with the city and re-enters the 1978 plan as a participant, his or her disability benefits shall be reduced so that the sum of his or her disability benefit payments and his or her compensation from such occupation or city employment shall not exceed his or her average monthly compensation as of the original date of his or her disability. (Code 1985, § 25-182; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 3959, § 1, 4-24-1990)

Memphis Code of Ordinances § 4-28-13 Deferred retirement.

Sec. 4-28-13. - Deferred retirement. A. Any participant meeting the requirements of subsection D of this section may elect to receive a deferred retirement benefit under this 1978 plan equal to his or her accrued benefit and payable in the form of a single life annuity. B. The annuity commencement date of any participant hired on or after July 1, 2012, who is to receive his benefit pursuant to subsection 4-28-13(A) shall be the date he reaches age 62. C. A participant may revoke his or her election under subsection A of this section at any time before his or her annuity commencement date. Any participant timely revoking his or her subsection A of this section election shall receive a refund in accordance with section 4-28-14 of all employee contributions made by him or her or on his or her behalf under this 1978 plan. D. To be eligible for electing a deferred retirement benefit under this section,: 1. General employees. a. Must be credited with five or more years of service as of his/her severance date; b. Must not be entitled to any benefits under any other section of this chapter; and c. Must not have engaged in an act determined harmful to the city by the board and resulting in the participant's conviction of a felony, illegal manipulation of the books and records of the city, theft, or embezzlement of assets. d. 2. Police officers and firefighters: Must be credited with ten or more years of service as of his/her severance date; e. Must not be entitled to any benefits under any other section of this chapter; and f. Must not have engaged in an act determined harmful to the city by the board and resulting in the participant's conviction of a felony, illegal manipulation of the books and records of the city, theft, or embezzlement of assets. (Code 1985, § 25-183; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 4837, § 1, 1-22-2001; Ord. No. 5416, § 2, 12-6-2011; Ord. No. 5873, § 10, 7-11-2023)

Memphis Code of Ordinances § 4-28-14 Refund of employee contributions.

Sec. 4-28-14. - Refund of employee contributions. A. Any participant whose employment with the city terminates, for any reason other than death, who is not entitled to any benefits under section 4-28-10, section 4-28-11, or section 4-28-12, and who has not elected benefits under section, shall receive an amount equal to the product of his or her total employee contributions times the applicable return multiple as determined under the table in section 4-4-1 paid as soon as administratively feasible following the date the termination of his or her employment occurs (or which is deemed to have occurred under subsection C of this section) unless he or she earlier withdraws the employee contributions, becomes entitled to receive benefits under section 4-28-10, section 4-28-11, or section 4-28-12, or elects benefits under section 4-28-13. B. Any participant whose employment with the city terminates for any reason other than death but who is entitled to a benefit payable under section 4-28-10, section 4-28-11, or section 4-28-12, and who has not elected benefits under section 4-28-13, may elect to receive in lieu of any other benefit payable under any other section of this plan an amount equal to the product of his or her total employee contributions times the applicable return multiple as determined under the table in section 4-4-1 paid as soon as administratively feasible following the date the termination of his or her employment occurs or is deemed to have occurred under subsection C of this section unless he or she earlier withdraws the employee contributions, becomes entitled to receive benefits under section 4-28-10, section 4-28-11, or section 4-28-12, or elects benefits under section 4-28-13. In the event that any participant elects to withdraw his or her participant contributions as provided in this section 4-28-14(B), such participant shall be deemed to have waived his or her rights to any other benefit payments under any provision of this retirement system, including the right to payment of any survivor benefits otherwise payable in the event of the participant's death in accordance with section 4-28-16 or 4-28-17 or otherwise under the pension system. C. A participant during a leave of absence period shall be deemed to have terminated employment with the city if during such period he or she: 1. Retires under this 1978 plan; 2. Withdraws his or her employee contributions; or 3. Actually terminates employment with the city, or does not return to active employment with the city as of the earlier of the date two years from the beginning of such leave of absence period or the end of such period. (Code 1985, § 25-184; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 5763, § 1(25-184), 12-15-2020)

Memphis Code of Ordinances § 4-28-15 Benefits upon reemployment.

Sec. 4-28-15. - Benefits upon reemployment. If a participant receiving benefits pursuant to this 1978 plan is reemployed after his annuity commencement date, and becomes a participant in this plan as provided in section 4-28-2 or any other section of the plan, no further benefit payments shall be made to that participant during his period of reemployment. Subsequent benefits and an appropriate annuity commencement date for that participant shall be determined based on his years of service determined under section 4-4-1(45) and in accordance with this 1978 plan or the 1948 and 2016 plans, as applicable; provided, however, subsequent benefits shall be reduced by the actuarial equivalent of any amounts distributed between his or her first annuity commencement date and his or her most recent reemployment commencement date, but not to an amount less than the annual plan benefit he or she was receiving immediately before his or her most recent reemployment commencement date. Any employee hired after October 1, 2013, that leaves employment at the City of Memphis and is eligible for a pension benefit under this 1978 plan or any other plan division of the Memphis Pension System and is then employed at the MLGW, Shelby County, or any other taxpayer supported Primary Government and Discretely Presented Component Units of Memphis or Shelby County shall have his/her pension payment under the City of Memphis Pension System reduced by the amount of the salary received from such employment up to the amount of the pension payment under the City of Memphis Pension System during the period of such employment. If the pension payment under the City of Memphis Pension System exceeds the salary received in such employment, then the pension payment shall be reduced by the amount of the gross amount of the salary during the period of employment. (Code 1985, § 25-185; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 5508, 8-20-2013; Ord. No. 5763, § 1(25-185), 12-15-2020)

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_CH4-281978BEPL_ART3REBEFetched: 10/28/2026