Common use of Effective upon ratification Clause in Contracts

Effective upon ratification. the City will implement a retire-rehire program in which an employee may, upon permission by the Chief of Police, retire from the Police Bureau as a sworn employee and then be rehired by the Police Bureau as a sworn employee. An employee participating in the retire-rehire program may, on one occasion, elect to participate in Option A or Option B, as set forth below. 65.4.2.1 A participating employee will be classified as a full-time, limited duration retire-rehire Bureau employee. The position is eligible for social security. 65.4.2.2 An employee must apply to the retire-rehire program. The Chief of Police retains 65.4.2.3 An employee who retires on or after April 1, 2016 ratification[AK8] may apply to participate in the program. The employee must provide the Chief of Police with 30 days’ written notice of the employee’s intent to participate in the program. After providing the requisite notification, the employee may elect to take 30 days of leave immediately prior to retirement as unpaid time or as paid time using accrued vacation, holiday, and compensatory time. 65.4.2.4 A participating employee must return to duty the day after retirement; there can be no break in service. There will be no break in service for the purposes of Health and Welfare coverage under Article 48 or for the purposes of other benefits under this Agreement. 65.4.2.4.1 However, employees who retired between April 1, 2016 and July 1, 2016 ratification[AK9] may elect to return to work under this program no later than July 1, 2016 December 31, 2016[AK10]. In such case, the City will conduct a gap background check comprised of a LEDS, NCIC, and DMV records review, and will obtain from the participating employee an affidavit affirming that the employee has not used any illegal drugs or controlled substances (including marijuana) between April 1, 2016 and the date of acceptance in the retire-rehire program. Upon rehire into the program, the participating employee will be immediately eligible for Health and Welfare benefits under Article 48. 65.4.2.5 A participating employee is not subject to a probationary period upon rehire. 65.4.2.6 A participating employee may resign from City employment with 14-days’ advance written notice to the Bureau. 65.4.2.7 A participating employee may be disciplined for just cause as set forth elsewhere in this Agreement. 65.4.2.8 A participating employee is subject to all rights and benefits under this Agreement, except where specifically modified by this Article 65.4. 65.4.2.9 A participating employee is subject to all City rules and Bureau directives. 65.4.2.10 Upon retirement from City employment, the participating employee may begin drawing their pension consistent with applicable pension rules and regulations. Upon rehire, the participating employee will be eligible for a pension under the Oregon Public Service Retirement plan (OPSRP). 65.4.2.10.1 The City agrees to maintain its membership in OPSRP. The City shall continue to “pick up,” assume and pay a six percent (6%) average employee contribution to OPSRP for the employee members participating in OPSRP. Such “pick up” or payment of employee member contributions to the OPSRP system shall continue for the duration of the employee’s participation in the retire-rehire program. 65.4.2.10.2 The full amount of required employee contributions “picked-up” or paid by the City on behalf of participating employees pursuant to this Section 65.4 shall be considered as “salary” within the meaning of ORS 238A.005(17) for the purposes of computing an employee member’s “final average salary” within the meaning of ORS 238A.130, but shall not be considered as “salary” for the purposes of determining the amount of employee contributions required to be contributed pursuant to ORS 238A.330. Such “picked-up” or paid employee contributions shall be credited to employee accounts pursuant to ORS 238A.335, and shall be considered to be employee contributions for the purposes of ORS 238A.330. 65.4.2.11 Participating employees may maintain their deferred compensation accounts with the City upon retirement and rehire into the program. 65.4.2.12 Upon rehire, participating employees will be covered under Oregon’s Workers’ Compensation laws, not under FPDR, and will be eligible for supplemental workers’ compensation benefits under City Human Resources Administrative Rule 6.13. 65.4.2.13 Participating employees will continue to be subject to the Substance Abuse Policy, including random drug testing.