§ 22.3-42. ESRS definitions.

Average final compensation (as used for purposes of determining retirement allowances under this division) shall mean the average annual earnable compensation, as defined by section 22.3-2, of a member during the thirty-six (36) consecutive months during which the member has creditable service yielding the highest such average prior to retirement. However, for any person who becomes a member after June 30, 2014, average final compensation means the average annual earnable compensation of a member during the sixty (60) consecutive months during which the member has creditable service yielding the highest such average prior to retirement. Months in which the member has no creditable service shall not be included in determining the thirty-six (36) or sixty (60) consecutive months. In either case, if the number of months is less than thirty-six (36) or sixty (60) consecutive months, respectively, the average shall be determined on the basis of the entire period of creditable service, or in the case of a rehire, including prior periods of service.

Normal retirement age means:

(a)

For firefighters and deputized police officers the earlier of (i) attainment of age sixty-five (65) and five (5) years of creditable service, or (ii) the attainment of age forty-five (45) and any combination of age and years of creditable service that equals not less than the sum of seventy (70) or, in the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, and who is a firefighter or deputized police officer, the earlier of (i) attainment of age sixty-five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of seventy-five (75). Only service as a firefighter or deputized police officer shall be credited to determine eligibility; provided, however, should any firefighter or deputized police officer become disabled for his regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the city service, then such member shall continue to accrue creditable service as a firefighter or deputized police officer and shall remain subject to the normal retirement age established by this subsection as if he had remained a firefighter or deputized police officer and in no event later than the date described in (b) below as outlined for all other members. Any member employed on December 1, 1997, as a firefighter who was employed by the city in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1, 1989, or (ii) the date on which the employee became a member working in an emergency medical services capacity.

(b)

For all other members not described in (a) above the earlier of (i) the attainment of age sixty-five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of eighty (80) or, in the case of a person who becomes a member after June 30, 2014, or who elects to be treated like a person who becomes a member after June 30, 2014, not described in (1) above, the earlier of (i) attainment of age sixty-five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty-five (55) and any combination of age and years of creditable service that equals not less than the sum of eighty-five (85).

(c)

With respect to any person employed after having attained the age of sixty (60) years, normal retirement age shall be such person's age upon employment increased by five (5) years.

System shall mean the Employees' Supplemental Retirement System of the City of Roanoke hereinafter referred to as the ESRS.

(Ord. No. 39450, § 2, 7-16-12; Ord. No. 40240, § 2, 5-18-15; Ord. No. 40922, § 1, 8-7-17)

(Ord. No. 39450, § 2, 7-16-12; Ord. No. 40240, § 2, 5-18-15; Ord. No. 40922, § 1, 8-7-17)