§ 40-201. Breaks in Service.

(a)

A break in service shall occur when a Participant is no longer employed by the City as a full-time employee.

(b)

A break in service shall not occur if the Participant is not employed due to the Participant:

(1)

entering into the Armed Forces of the United States or the United States Merchant Marine on leave of absence provided the person returns to work in the police service of the City within the time periods provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Chapter 185 of the Florida Statutes; or

(2)

becoming employed by the City in non-covered employment which non-covered employment shall not be used to accrue benefits under this plan; or

(3)

being absent from work due to maternity or paternity leave as provided in section 40-147 (Maternity or Paternity Leave), or due to unpaid leave of absence approved by the City; or

(4)

becoming temporarily totally disabled or receiving a disability benefit from the Plan; or

(5)

terminating employment with the City and becoming re-employed by the City within five (5) years of termination provided that the employee did not receive a refund of the employee's accumulated contributions.

(Ord. No. 90-33, Ch. II, § 4-1, 5-21-91; Ord. No. 99-29, § 8, 11-16-99; Ord. No. 99-45, § 3, 3-21-00)