§ 78-116. Credit for military service.

(a)

Creditable service of any member shall include military service as defined in F.S. § 121.021(20)(a) if:

(1)

The member is in the active employ of the city immediately prior to such service and leaves a position, other than a temporary position, for the purpose of induction into the armed forces of the United States or entry upon duty in the armed forces of the United States.

(2)

The police officer is entitled to reemployment under the Uniform Services Employment and Reemployment Act (USERA) (38 USC 4301 et seq.).

(3)

The police officer returns to his employment as a police officer of the city within one year from the date of his release from such active service.

(4)

The member makes the required employee and employer contributions for his membership class for each month of service credit during such period of military service, based upon his rate of monthly compensation as of the date that he left his position.

(b)

Any member whose initial date of employment is before January 1, 1987, who has military service as defined in F.S. § 121.021(20)(b), and who does not claim such service under subsection (a) of this section may receive creditable service for such military service if:

(1)

The member has completed a minimum of ten years of creditable service;

(2)

Creditable service, not to exceed a total of four years, including any service claimed under subsection (a) of this section, is claimed only as service earned in the regular class of membership; and

(3)

The member pays into the proper retirement trust fund four percent of gross salary, based upon his first year of salary subsequent to July 1, 1945, that he has credit for under this system, plus four percent interest thereon compounded annually from the date of first creditable service under this division until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until payment is made to the proper retirement trust fund.

(c)

Notwithstanding any other provision of this system to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with the Internal Revenue Code, section 414(u).

(Ord. No. 410, div. I, § 6, 6-20-2000; Ord. No. 0457, § 1, 8-2-2005)