§ 3.87.040. Program members.

A.

Eligibility.

1.

An individual who retires under the police and fire retirement system with a normal, early or permanent disability retirement benefit and who is included in at least one of the categories set forth in this section shall become a member of the program on the first day of the month following appointment to retirement. Appointment to retirement may be retroactive.

2.

An individual who terminates employment covered by the police and fire retirement system with a deferred vested benefit and who is included in at least one of the categories set forth in this section shall become a member in the program on the first day of the month following appointment to retirement.

B.

Membership criteria.

1.

Represented individuals who are members of the police and fire retirement system and who are appointed to retirement on or after January 1, 1995.

2.

Members of the police and fire retirement system who are appointed to a nonrepresented command officer position on or after January 1, 1995.

3.

Nonrepresented active command officers who are eligible for retiree medical coverage under AO No. 77-257, and command officers who retired prior to January 1, 1995, and are receiving retiree medical coverage under AO No. 77-257, who make an irrevocable election to participate in the program. Such election may be made at any time, shall be made in the manner specified by the municipality, and shall be effective as of the first day of the month following the date that such election is submitted to the municipality.

4.

The municipality, in its sole discretion, may allow Gentile class members, post-Gentile members or deferred vested members who separated from service prior to January 1, 1995, to, by irrevocable election, become eligible members of the police and fire retiree medical funding program. Such election shall be effective as of the first day of the month next following the date of such election.

C.

Loss of eligibility. If an individual who is a member because he/she is receiving a disability retirement benefit ceases to receive the disability retirement benefit because the police and fire department board determines that such individual is no longer eligible to receive the benefit, such individual shall cease to be a member with the month in which such disability retirement benefits cease to be paid. The individual may requalify as a member if and when normal, early or disability retirement benefits subsequently commence for such individual.

(AO No. 94-222(S-1), § 1, 12-28-94; AO No. 97-104, § 2, 8-19-97; AO No. 2003-141, § 1, 10-21-03)