§ 18-408. Retirement categories.

In order for a member to receive any retirement benefits, the member must first have completely separated from service or terminated employment with the employer and must have successfully completed and submitted a retirement application and all required documents to the plan. For members who are retiring directly from active service, in order to receive retirement benefits payable as of the first business day of the calendar month following the member's termination of employment with the employer, the member shall, not later than thirty (30) days from the date of separation from service or termination of employment, successfully complete and submit a retirement application and all required documents and information to the plan. A member who does not complete and submit the required application and documents to the plan within thirty (30) days of separation from service or termination of employment shall be considered to be a deferred member and any subsequent retirement shall be a deferred retirement. Except for payments for members retiring directly from active service where, within thirty (30) days from the date of termination, the member has successfully completed and submitted a retirement application to the plan, or for a disability retirement where the benefit may be partially paid retroactively to the member's date of termination, all other retirement benefits are to be paid prospectively and will be paid only after successful completion of all of the retirement application requirements.

Eligible members who shall resign, become disabled, die while in the service of the employer, be discharged, or have their employment terminated for any other reason, shall be entitled to retire according to the following categories of retirement:

(a)

Normal retirement. Members employed before July 1, 2011, shall be eligible for a normal retirement payable on the first business day of the calendar month following termination of employment and upon the earlier of the member's sixty-fifth (65th) birthday or payable on the first business day of any calendar month after which a member has attained his or her fifty-fifth (55th) birthday and where the member's age and credited service while an active member are or were equal to or greater than the sum of seventy-five (75) (the "rule-of-75"). A member shall become fully vested in the member's accrued benefit, and this benefit shall become unforfeitable on the member's normal retirement date under the rule-of-75 or the member's sixty-fifth (65th) birthday, whichever is earlier.

Members first employed on or after July 1, 2011, who are vested shall be eligible for a normal retirement payable on the first business day of the calendar month following termination of employment and upon the earlier of the member's sixty-fifth (65th) birthday, or payable on the first business day of any calendar month after which a member has attained his or her sixtieth (60th) birthday and where the member's age and credited service while an active member are or were equal to or greater than the sum of eighty-five (85) ("the rule-of-85"). A member shall become fully vested in the member's accrued benefit, and this benefit shall become nonforfeitable upon the member becoming eligible for normal retirement as defined herein.

A member who meets the requirements for a normal retirement can retire without a reduction in the member's retirement benefit as is required for an early retirement.

(b)

Early retirement. Members employed before July 1, 2011 shall be eligible for an early retirement payable on the first business day of any month following termination of employment with the employer, after the member reaches the age of fifty-five (55), but before the member reaches eligibility for a normal retirement, provided that member must have completed five (5) years of credited service at the date of such early retirement.

For members first employed on or after July 1, 2011, a member shall be eligible for an early retirement payable on the first business day of any month following termination of employment with the employer, after the member reaches the age of sixty (60), but before the member reaches eligibility for a normal retirement, provided that such member must have completed five (5) years of credited service at the date of such early retirement.

(c)

Deferred retirement . Members employed before July 1, 2011, who are vested and who terminated employment with the employer and, upon termination, were not eligible for or, if eligible, opted not to received their normal or early retirement ("deferred members"), upon reaching age fifty-five (55) or older, may elect, at any time prior and up to the age that mandatory distributions are required under section 401(a)(9) of the Internal Revenue Code, to apply for and receive a retirement benefit. Deferred members first employed on or after July 1, 2011, upon reaching age sixty (60) or older, may, at any time prior and up to the age that mandatory distributions are required under the Internal Revenue Code, apply for and receive a retirement benefit. The calculation of a deferred retirement benefit shall be based on the formula in effect at the time of the member's termination of employment with the employer and, with the exception of qualifying for normal retirement under the rule-of-75 (for those first employed before July 1, 2011), or qualifying for a normal retirement under the rule-of-85 (for those first employed on or after July 1, 2011) the member's age at the time of application.

(d)

Disability retirement resulting from service duty. Disability retirement resulting from service duty shall be available to any active member who becomes totally and permanently disabled as defined below in this subsection (d) prior to the member's normal retirement date. The effective date of retirement shall be the first day of the month following termination of employment with the employer by reason of the disability:

(1)

Total and permanent disability for disabilities which occur on or after January 1, 1996, and before August 1, 2005, shall be awarded when, and the phrase "totally and permanently disabled" for disabilities which occur on or after January 1, 1996, and before August 1, 2005, is defined as occurring when:

a.

The member is disabled by compensable injury or occupational disease occurring through accidental means that arises out of and in the course of the member's employment with the employer; and

b.

The injury or occupational disease occurs not more than twenty-four (24) months before the effective date of retirement; and

c.

The member has been awarded in a final order permanent total disability under the Workers' Compensation Act of Colorado, Articles 40 to 47, Title 8, C.R.S., as amended (the "Workers' Compensation Act") or has received, after reaching maximum medical improvement, a permanent medical impairment rating of twenty-six percent (26) or more or has, according to the schedule set forth in Section 8-42-107 of the Colorado Revised Statutes, as amended from time to time, suffered an injury or injuries that, when totaled, allow workers' compensation for a period of at least one hundred seventy-five (175) weeks when calculated as set forth in the Workers' Compensation Act, based on the medical condition of the member as of the effective date of the member's retirement, and based on an injury or occupational disease sustained while employed by the employer and which occurred not more than twenty-four (24) months prior to the effective date of retirement, as certified to the retirement board by the appropriate official of the employer and by one (1) physician selected and paid for by the retirement plan; and

d.

The Social Security Administration has awarded the member a disability insurance benefit for the same impairment upon which the member is basing a claim for a disability retirement from the plan. Denial of social security disability payments for any reason shall disqualify the member for disability retirement payments provided by this section; and

e.

When the member has terminated his employment by reason of disability and the member notifies the retirement board of his or her intent to apply for a disability benefit within ninety (90) days of such termination due to disability.

(2)

Total and permanent disability for disabilities which occur after July 31, 2005, shall be awarded when, and the phrase "totally and permanently disabled" for disabilities which occur on or after August 1, 2005, is defined as occurring when:

a.

The member is disabled by a compensable injury occurring through accidental means or an occupational disease, either of which arises out of and in the course of the member's employment with the employer; and

b.

The injury or occupational disease occurs not more than twenty-four (24) months before the effective date of retirement: and

c.

The member has received, and has provided to the plan, a true copy of the letter of "final admission of liability" filed by the employer with the State of Colorado by the risk management division of the City of Denver, or by the risk management division of the Denver Health and Hospital Authority; and

d.

Either:

1.

The Social Security Administration has awarded the member a disability insurance benefit for the same impairment which led to the member's termination from employment; or

2.

If the member is not eligible to apply for a Social Security disability benefit because the member is employed by an employer which does not participate in Social Security or the member does not have the requisite number of quarters to qualify, a physician chosen and paid by the plan has certified, within a reasonable degree of medical certainty, that the member would, if otherwise eligible under the Social Security Act, qualify for a disability insurance benefit from Social Security based on the same disability which led to the member's termination from employment; and

e.

When the member has terminated employment by reason of disability, which is verified by the employer, and the member submits a written disability application to the plan that is received in the plan's offices no later than ninety (90) days immediately following such termination due to disability; and

f.

The requirements for disability retirement have been met within three (3) years from the date of termination. Exceptions to this three (3) year requirement may be made by the executive director upon a showing of good cause and due diligence on the part of the member in actively pursuing all requirements necessary to be awarded a disability retirement.

(3)

Regardless of the date of the occurrence of the disability, if the member should die within thirty-six (36) months after termination of employment and while awaiting approval of his disability retirement application, he shall be deemed an active member upon his date of death.

(4)

The retirement board shall have the right to order medical examinations of any retired member on disability retirement for the purpose of obtaining a recommendation for the continuation, termination, or suspension of the benefit.

(5)

The disability benefit will cease upon reemployment of any kind generating income at or above the "substantial gainful activity" amount as at that time defined in the regulations of the Social Security Administration. Denial, suspension, or termination of Social Security disability insurance payments for any reason shall disqualify the affected member for disability retirement payments provided by this section.

(6)

Upon application for disability benefits under this section, a member who is or may be eligible for Social Security disability insurance benefits shall be required to authorize the plan to obtain from the Social Security Administration any and all information regarding the member by signing a "Release of Information" or similar form whereby the member shall give the plan permission to contact the Social Security Administration and receive any and all information regarding the member from the Social Security Administration. The information sought may include such information as, but not limited to, wages earned by the member and from what employment during any disability period, the member's medical records, doctors' reports, determinations of continued eligibility, suspensions or terminations of eligibility for Social Security disability insurance benefits, the dates the benefits began, ended, were interrupted, and were reviewed. The authorization shall remain in effect the entire period for or during which the member seeks eligibility, claims to be, or is eligible to receive disability benefits from the plan.

(e)

Disability retirement not resulting from service duty. As set forth below in this subsection (e), disability retirement not resulting from service duty shall be available to all totally and permanently disabled active members whose appointment occurs after December 31, 1962, upon completion of ten (10) years of credited service; and shall also be available to all totally and permanently disabled active members whose appointment occurs after December 31, 1988, upon completion of five (5) years of credited service.

(1)

For disabilities that occur on or after January 1, 1996 and before August 1, 2005, disability retirement not resulting from service duty for total and permanent disability shall be awarded when:

a.

The member's disability is caused by but not limited to a disease or an accidental injury other than one which occurred, was contracted, or suffered during or as a result of the member's engagement in or commission of a felony, or because of an intentionally self-inflicted injury; and

b.

The member has received, as of the effective date of the member's retirement as certified to by two (2) physicians selected and paid for by the member and one (1) physician selected and paid for by the retirement plan, the equivalent of, after reaching maximum medical improvement, a permanent medical impairment rating of twenty-six percent (26) or more or has, according to the schedule set forth in Section 8-42-107 of the Colorado Revised Statutes, as amended from time to time, suffered an injury or injuries that, when totaled, would allow, if incurred on the job, workers' compensation for a period of at least one hundred seventy-five (175) weeks when calculated as set forth in the Workers' Compensation Act; and

c.

The Social Security Administration has awarded the member a disability insurance benefit for the same impairment upon which the member is basing a claim for a disability retirement from the plan. Denial of social security payments for any reason shall disqualify the member for disability retirement payments provided by this section; and

d.

When the member has terminated his employment by reason of disability and the member notifies the retirement board of his or her intent to apply for a disability benefit within ninety (90) days of such termination due to disability.

(2)

For disabilities that occur on or after August 1, 2005, disability retirement not resulting from service duty for total and permanent disability shall be awarded when:

a.

The member's disability is caused by but not limited to a disease or an accidental injury other than one which occurred, was contracted, or suffered during or as a result of the member's engagement in or commission of a felony, or because of an intentionally self-inflicted injury; and

b.

The disease or accidental injury occurs not more than twenty-four (24) months before the effective date of retirement; and

c.

Either:

1.

The Social Security Administration has awarded the member a disability insurance benefit for the same impairment which led to the member's termination from employment; or

2.

If the member is not eligible to apply for a Social Security disability insurance benefit because the member is employed by an employer which does not participate in Social Security or the member does not have the requisite number of quarters to qualify, a physician chosen and paid by the plan has determined within a reasonable degree of medical certainty that the member would, if otherwise eligible under the Social Security Act, qualify for a disability insurance benefit from Social Security based upon the same disability which led to the member's termination from employment; and

d.

When the member has terminated employment by reason of disability, which is verified by the employer, and the member submits a written disability application to the plan that is received in the plan's offices no later than ninety (90) days immediately following such termination due to disability; and

e.

The requirements for disability retirement have been met within three (3) years from the date of termination. Exceptions to this three (3) year requirement may be made by the Executive Director upon a showing of good cause and due diligence on the part of the member in actively pursuing all requirements necessary to be awarded a disability retirement.

(3)

Regardless of the date of the occurrence of the disability under subsection (1) above, the effective date of retirement shall be the first day of the month following termination of employment with the employer.

(4)

If a member should die within thirty-six (36) months after termination of employment and while awaiting approval of his retirement application, the member shall be deemed an active member upon date of death.

(5)

The disability benefit will cease upon reemployment of any kind generating income at or above the "substantial gainful activity" amount as at that time defined in the regulations of the Social Security Administration. Denial, suspension, or termination of Social Security disability insurance payments for any reason shall disqualify the affected member for disability retirement payments provided by this section.

(6)

The retirement board shall have the right to order medical examinations of any retired member on disability retirement for the purpose of obtaining a recommendation for continuation, termination, or suspension of the benefit.

(7)

Upon application for disability benefits under this section, a member who is or may be eligible for Social Security disability insurance benefits shall be required to authorize the plan to obtain from the Social Security Administration any and all information regarding the member by signing a "Release of Information" or similar form whereby the member shall give the plan permission to contact the Social Security Administration and receive any and all information regarding the member from the Social Security Administration. The information sought may include such information as, but not limited to, wages earned by the member and from what employment during any disability period, the member's medical records, doctors' reports, determinations of continued eligibility, suspensions or terminations of eligibility for Social Security disability insurance benefits, the dates the benefits began, ended, were interrupted, and were reviewed. The authorization shall remain in effect the entire period for or during which the member seeks eligibility, claims to be, or is eligible to receive disability benefits from the plan.

(f)

Temporary early retirement pending approval of disability application. An active member who has submitted an application to the retirement board for a disability retirement may elect temporary early retirement, if so qualified, pending approval of such disability application. If the member so applies, the member shall be deemed a retired member upon the effective date of early retirement, and the death benefits provided for under section 18-411 shall not be payable, but the member and the member's spouse shall receive a joint and survivor benefit under this form of retirement unless the member and the member's spouse consent to a different form of benefit as described in section 18-410.

In the event of the approval of the disability application, the retired member shall receive a retroactive adjustment to reflect the difference in the disability retirement benefit as compared to the early retirement benefit.

If the member has not qualified for a disability retirement within three (3) years from the effective date of the temporary early retirement (or during any period of extension of the three-years by the executive director permitted under this section 408), the member shall be awarded either a regular early retirement or, if the member elects, a benefit as provided for by section 18-410.

(g)

Date of termination of employment. After any retirement benefit has been paid, no change or adjustment shall be allowed to be made by the member in either the amounts or the form of the retirement benefit elected by the member upon retirement regardless of whether there has been a change of the member's termination date by the employer.

(h)

Current employees ineligible for refunds. No refund of accumulated contributions shall be made to any member of the plan who is currently employed by the employer.

(i)

Vested employees ineligible for refunds. Unless contributions were made by the employee to the plan prior to January 1, 1979, no refund of accumulated contributions shall be made to any member of the plan who is vested.

(j)

Re-employment by the employer. Unless a member meets the requirements set forth below in paragraph (7) of this subsection 18-408(j), the following shall apply:

(1)

Retirement and death benefits, if any, shall be immediately suspended upon the effective date of the member's re-employment with the employer and shall be resumed only upon the subsequent termination of the member from employment. A member who receives a retirement benefit from the plan who later returns to work in a position subject to this article, shall receive a new separate retirement benefit calculated solely upon the credited service earned and the benefit formula in place following the member's re-employment with the employer. A member re-employed pursuant to this section on or after July 1, 2011, shall receive retirement benefits and death benefits, for any credited service earned subsequent to the re-employment, calculated pursuant to the post July 1, 2011, employment sections. A member who has received a retirement benefit from the plan shall not have his/her previous credited service included with or added to service credit earned following a member's re-employment in order to calculate a single retirement benefit or to increase a previously received retirement benefit. A member's previously calculated and received retirement benefit shall not change in form or amount following a member's re-employment, and shall be reinstated as it originally was calculated upon a member's subsequent retirement and added to any newly earned and calculated retirement benefit. A member with multiple re-employment periods following receipt of retirement benefits may have two (2) or more separately calculated benefit payments. Two (2) or more separately calculated retirement benefits combined into one benefit payment shall be known as and referred to as a "bridged benefit." Upon a subsequent retirement following a member's re-employment, a member shall accept a death benefit which shall be reduced by the death benefit payments the member received during the previous period or periods of retirement. A member re-employed pursuant to this section shall be considered vested as of the date of their re-employment and the member shall not be required to obtain a specified amount of new or subsequent credited service prior to being eligible for a "bridged benefit."

(2)

If an employee hired after January 1, 1979, has not received retirement or death benefits, and returns to employment with the employer, he or she is entitled to restore credit for the years and months of service for which employee contributions were refunded if the amount, including interest to the date of repayment at the rate of three (3) percent per annum, compounded annually as of June 30 ^th of each year, is repaid to the trust within twenty-four (24) months of the employee's re-employment date. A re-employed employee who does not repay the refunded contributions, with interest, within twenty-four (24) months of the employee's re-employment date, may still, upon repayment made to the plan prior to termination from employment, receive credit for the years and months of service for which his or her contributions were refunded, however, the repayment will be calculated at the full actuarial cost for such service in accordance with subsection 18-415(c)(2). No repayment shall be allowed to be made to the plan for a purchase of refunded contributions following a member's termination of employment.

(3)

If a member, hired before January 1, 1979, receives a refund pursuant to subsection 18-409(e)(2) and later resumes covered service under the plan, the member is entitled to restore credit for the years and months of service for which employee contributions were refunded if the amount, including interest to the date of repayment at the rate of three (3) percent per annum, compounded annually as of June 30 ^th of each year, is repaid to the trust within twenty-four (24) months of the employee's re-employment date. A re-employed employee who does not repay the refunded contributions, with interest, within twenty-four (24) months of the employee's re-employment date, may still, upon repayment made to the plan prior to termination from employment, receive credit for the years and months of service for which his or her contributions were refunded, however, the repayment will be calculated at the full actuarial cost for such service in accordance with subsection 18-415(c)(2). No payment shall be allowed to be made to the plan for a purchase of refunded contributions following a member's termination of employment.

(4)

A non-vested member, upon termination, shall have the option of either leaving the member's accumulated contributions, if any, in the trust fund for use if the member resumes service with the employer, or receiving a refund of the member's accumulated contributions. If such non-vested member leaves the accumulated contributions in the trust fund and returns to the service of a covered employer before the member applies for and receives a retirement benefit from the plan, or before the member reaches an age in which required minimum distributions must begin to be paid by the plan (which for a non-vested member is a complete refund of contributions), the credited service which the member had prior to termination shall, upon re-employment, be reinstated to the member and the member shall only be required to complete the remaining amount of credited service required to vest in the plan that is set forth in the Ordinance at the time of the member's re-employment. If such member leaves the accumulated contributions in the trust fund and does not return to the service of the employer before the member's normal retirement date, the accumulated contributions, as of the member's normal retirement date, shall then be paid to the member. If such a member should die before the accumulated contributions are paid, there shall be paid to the beneficiary designated by the member, if such beneficiary is living, otherwise to the member's contingent beneficiary, if such contingent beneficiary is living, otherwise to the member's estate, the amount of accumulated contributions, if any, as of the date of the member's death.

(5)

Those members who participate or participated in the deferred retirement option plan (DROP) available under division 3, article XII, of chapter 18 of the Code and who elect or elected to continue employment with the employer after the termination of their term in DROP shall not be considered by making such election to be re-employed with the employer under the terms of this division for purposes of calculating retirement benefits and, therefore, the retirement benefits of such members shall be calculated, upon the member's termination from employment, in accordance with sections 18-406 and 18-409(a).

(6)

If a member is re-employed by the employer or is considered reinstated by the employer and the member receives backpay, remuneration or any compensation from the employer following the member's initial retirement date and such compensation and re-employment period overlaps or coincides with the payment of retirement benefits, the member shall reimburse the plan for any amount the member has received in retirement benefits. If payment is not made in full within one (1) year from re-employment or re-instatement of the member, interest will accrue on the outstanding balance at a rate of three (3) percent per annum compounded annually as of June 30 ^th of each year. If payment in full is not made prior to the member's subsequent retirement, the outstanding balance owed plus such interest accrued on the balance will be withheld from the member's subsequent retirement payments until the amount has been paid in full.

(7)

A retired member who meets all of the following requirements will not be considered to be re-employed by the employer and, therefore, subject to paragraph (1) of this subsection:

a.

The member has been separated from service and has not received any remuneration from the city, or any other covered employer, for a minimum of thirty (30) days, including any settlement and payment of accrued vacation and accrued sick leave in accordance with section 18-134 of the Revised Municipal Code; and

b.

The member does not work more than one thousand (1,000) hours in any calendar year after the initial date of reemployment by the employer following the member's retirement. For purposes of this section, re-employment shall mean employment in any capacity, where a member receives remuneration of any kind from the city, other than as a self-employed independent contractor (as that term is defined by the Internal Revenue Service and the Department of Labor).

(8)

Any member who works more than one thousand (1,000) hours in a calendar year, for his/her previous employer, shall not meet the requirements of paragraph (7) listed above, and

a.

Shall instead be considered to be re-employed by the employer and subject to the provisions of paragraph (1) of this subsection 18-408(j) as of the first hour worked in excess of the one thousand (1,000) hours; and

b.

Shall have the applicable retirement benefit and death benefit immediately suspended; and

c.

Shall not be eligible to receive a subsequent or continuation of the retirement and death benefits until the first day of the calendar year following the previous suspension of benefits, after which the member may not work for more than one thousand (1,000) hours during the calendar year without being again subject to paragraph (1) above and having retirement and death benefits suspended as set forth in this subsection 18-408(j).

(9)

For any and all hours worked by a member during the calendar year in excess of the authorized one thousand (1,000) hours, where the member will be considered re-employed pursuant to subsection 18-408(j)(1), both the employer and member shall, beginning with the first pay period following such re-employment, contribute to the plan all amounts required for active members of the plan. The member shall receive service credit and shall be considered an employee entitled to participate in the plan as set forth in section 18-406 of this article for any hours worked in excess of the authorized one thousand (1,000) hours. The member shall not receive, and shall not be entitled to receive, credited service for the first one thousand (1,000) hours worked in any calendar year following retirement.

(Ord. No. 960-05, § 1, 12-19-05; Ord. No. 854-06, § 2, 12-26-06; Ord. No. 774, §§ 2, 3, 12-26-07; Ord. No. 402-08, § 2, 8-4-08; Ord. No. 514-09, § 2, 9-21-09; Ord. No. 349-11, § 3, 6-20-11; Ord. No. 350-11, § 6, 6-20-11; Ord. No. 567-13, § 4, 11-12-13; Ord. No. 591-15, § 4, 9-21-15; Ord. No. 1123-16, § 4, 12-5-16; Ord. No. 1007-17, § 5, 10-2-17; Ord. No. 1248-18, § 4, 11-19-18)