Spokane Municipal Code

Title 03 Administration and Personnel

Chapter 03.05 Spokane Employees' Retirement System

Section 03.05.030 Membership

1. Any new employee of the City must become a member of the retirement system and make contributions required by SMC 3.05.040 on the date of hire, except:

1. 1. temporary, seasonal, or new hire provisionals, as defined by the City Charter and the City civil service commission;

1. 2. members of the police and fire departments who are entitled to benefits under state-enacted retirement programs;

1. 3. participating employees hired under the Comprehensive Employment and Training Act (CETA) and United States Department of Labor (DOL). This proscription does not apply to permanent nonparticipant staff members of the City and Spokane City-County employment and training consortium or its successor; or

1. 4. other non-City-funded employees in temporary employment programs as determined by the board.

2. Any other employee who is an elected official may, at any time prior to the completion of five (5) years of continuous service, elect to deposit with the retirement system an amount equal to what would be or would have been the elected official’s normal contributions if a member of the retirement system during this period of service, with regular interest as determined by the board. The City matches said funds and deposits the same in the retirement fund in a manner similar to that provided for the matching of the normal contributions under the provisions of this chapter, provided that no such elected official shall obtain any benefits of the provisions of the retirement system except contribution interest accruing at the rate provided for interest on employees’ normal contributions. The return of any such funds so deposited shall be governed by the provisions as to the return of normal contributions. If and when any such elected official becomes a member the sums so deposited by this member shall be transferred to the credit of such member. Any elected official entering the retirement system under this provision shall have a participation date as of the date of such election to join the system and shall not be considered a member until the date of such election.

3. An employee of SREC who is a SREC Member will continue to be treated as a SREC Member for so long as that individual remains continuously employed with SREC.  A SREC Member will cease to be treated as continuously employed with SREC on the date on which he or she terminates active employment with SREC.  Once an individual who qualifies as a SREC Member terminates employment as a SREC employee, that individual can again become a benefit accruing member under SERS if and only if either (1) he or she is subsequently rehired as an employee of the City, or (2) he or she is subsequently rehired as an employee of SREC (or SPFD) within three (3) years of initial termination of employment with SREC and (i) was immediately placed in layoff status at the time of termination from SREC, (ii) continuously maintained layoff status while separated from SREC, (iii) is either (a) rehired directly from layoff status by SREC (in which case that individual will again be treated as a SREC Member) or (b) rehired directly from layoff status by SPFD (in which case that individual will subsequently treated as a SPFD Member), and (iv) did not withdraw contributions from SERS.  With respect to an individual employed by SREC as a SREC Member, the term “City” as used in this chapter of the SMC shall be construed to include SREC, were appropriate and applicable.

4. An employee of SPFD who is a SPFD Member will continue to be treated as a SPFD Member for so long as that individual remains continuously employed with SPFD.  A SPFD Member will cease to be treated as continuously employed with SPFD on the date on which he or she terminates active employment with SPFD.  Once an individual who qualifies as a SPFD Member terminates employment as a SPFD employee, that individual can again become a benefit accruing member under SERS if and only if either (1) he or she is subsequently rehired as an employee of the City, or (2) he or she is subsequently rehired as an employee of SPFD (or SREC) within three (3) years of initial termination from SPFD and (i) was immediately placed in layoff status at the time of termination from SPFD, (ii) continuously maintained layoff status while separated from SPFD, (iii) is either (a) rehired directly from layoff status by SPFD (in which case that individual will again be treated as a SPFD Member) or (b) rehired directly from layoff status by SREC (in which case that individual will subsequently treated as a SREC Member) , and (iv) did not withdraw contributions from SERS.  With respect to an individual employed by SPFD as a SPFD Member, the term “City” as used in this chapter of the SMC shall be construed to include SPFD, where appropriate and applicable.

Date Passed: Monday, June 29, 2020

Effective Date: Wednesday, August 5, 2020

ORD C35914 Section 2