<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Subtitle 3 – Plan Membership">
  <section prefix="§" num="3-1" heading="Membership mandatory.">
    <text>Every employee who is initially employed or reemployed by a participating employer on or July 1, 2014, must, as a condition of that employment, become either a hybrid member or a non-hybrid member of the Retirement Savings Plan.</text>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
  <section prefix="§" num="3-2" heading="Commencement of participation.">
    <para num="(a)" heading="Initial employment on or after July 1, 2014.">An employee initially employed by a participating employer on or after July 1, 2014, must make an election under City Code &lt;cite data-path="|22|§9"&gt;Article 22, § 9&lt;/cite&gt;.1, and, based on that election, will commence participation in the Plan as follows:<para num="(i)">A hybrid member will commence participation on the 1&lt;sup&gt;st&lt;/sup&gt; anniversary of the date on which his or her initial employment began.</para>
      <para num="(ii)">A non-hybrid member will commence participation on the 180&lt;sup&gt;th&lt;/sup&gt; day after the date on which his or her initial employment began.</para>
    </para>
    <para num="(b)" heading="Preemployment if initially employed before July 1, 2014.">
      <para num="(1)" heading="Prior employment terminated after earning vested benefit.">An employee who was employed by a participating employer before July 1, 2014, and who, after having terminated that employment with a vested benefit under a City retirement plan, is reemployed by that or another participating employer on or after July 1, 2014, automatically commences participation in the Plan as a non-hybrid member on the 30&lt;sup&gt;th&lt;/sup&gt; day after the date of reemployment.</para>
      <para num="(2)" heading="Prior employment terminated before earning vested benefit.">An employee who was employed by a participating employer before July 1, 2014, and who, after having terminated that employment before earning a vested benefit under a City retirement plan, is reemployed by that or another participating employer on or after July 1, 2014, must make an election under City Code &lt;cite data-path="|22|§9"&gt;Article 22, § 9&lt;/cite&gt;.1, and, based on that election, will commence participation as a hybrid member or a non-hybrid member on the date provided in subsection (a) of this section.</para>
    </para>
    <para num="(c)" heading="Breaks in service.">A Plan member who terminates employment with a participating employer and is subsequently reemployed by that or another participating employer will recommence participation in the Plan as a hybrid member or a non-hybrid member, based on his or her previous election under City Code &lt;cite data-path="|22|§9"&gt;Article 22, § 9&lt;/cite&gt;.1, on the 30&lt;sup&gt;th&lt;/sup&gt; day after the date on which his or her reemployment began.</para>
    <annotation type="History">Ord. 14-216</annotation>
    <annotation type="History">Ord. 20-458</annotation>
  </section>
  <section prefix="§" num="3-3" heading="Dual memberships precluded.">
    <para num="(a)" heading="In general.">Except as provided in subsection (b) of this section, a member of the Retirement Savings Plan may not, while a member of the Retirement Savings Plan, make contributions to, receive benefits from, or accrue service credit under any other City retirement plan.</para>
    <para num="(b)" heading="Exceptions.">Subsection (a) of this section does not apply to participation by a hybrid member of the Retirement Savings Plan as a Class D member of the Employees’ Retirement System.</para>
    <para num="(c)" heading="Membership in Plan after participation in other City plan.">
      <para num="(1)" heading="Scope of subsection.">This subsection applies to a person who:<para num="(i)">as a member of any other City retirement plan, becomes eligible for a retirement benefit from that other plan; and</para>
        <para num="(ii)">either:<para num="(A)">after terminating employment or exiting elected office and having begun to receive that benefit, becomes an employee on or after July 1, 2014;</para>
          <para num="(B)">after terminating active membership with the other City retirement plan on or after July 1, 2014, immediately becomes an employee through a transfer of employment; or</para>
          <para num="(C)">after terminating employment or exiting elected office, becomes an employee on or after July 1, 2014, before beginning to receive that benefit.</para>
        </para>
      </para>
      <para num="(2)" heading="Suspension or postponement.">
        <para num="(i)">For a person described in paragraph (1)(ii)(A) of this subsection, payment of his or her benefit from the other City retirement plan is suspended until the member later terminates employment.</para>
        <para num="(ii)">For a person described in paragraph (1)(ii)(B) or (c) of this subsection, receipt of her or his benefit from the other City retirement plan is postponed until the member later terminates employment.</para>
      </para>
      <para num="(3)" heading="Death benefits.">If a person described in paragraph (1) of this subsection dies before later terminating employment, the following death benefits must be paid:<para num="(i)">the death benefit provided for by &lt;cite data-path="|22A|§9-4"&gt;§ 9-4 {“Distributable events – Death”} of this article&lt;/cite&gt;; and</para>
        <para num="(ii)">a death benefit from the other City retirement plan in accordance with &lt;cite data-path="|22|§48|(e)|(1)|(ii)"&gt;Article 22, § 48(e)(1)(ii)&lt;/cite&gt;.</para>
      </para>
    </para>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
  <section prefix="§" num="3-4" heading="Termination of participation.">
    <text>A member’s participation in the Retirement Savings Plan terminates on the complete distribution to the member or the member’s beneficiary of the member’s vested account.</text>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
</baltimore-city-law>
