§ 32-22. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board or Retirement Board means the entity which will direct the administration of the plans in accordance with section 32-30.

City Council means the City Council of the City of Danbury.

Compensation.

(1)

The term "compensation" means the amount paid to the employee by the employer for the services of the employee, but excluding any amounts paid on the account of the employee under this plan, any other employee trust or any employee insurance plan of the employer. Compensation of an employee absent due to service in the Armed Forces shall be computed assuming that the employee is actively at work during the period of such absence and receives compensation from the employer at the rate which was paid to the employee by the employer at the time the employee ceased active employment to enter such service in the Armed Forces.

(2)

For all members retiring prior to January 1, 1984, average compensation shall mean the average of compensation over the period of ten (10) years prior to the earliest of termination of service, actual retirement, or normal retirement date. If the total period of service is less than ten (10) years, the total period of service prior to the earliest of termination of service, early retirement, or normal retirement date shall be used in computing average compensation.

(3)

For all members retiring after January 1, 1984, average compensation shall mean the average of compensation over the period of three (3) years of highest compensation.

Credited service.

(1)

For all members retiring prior to January 1, 1984, credited service shall mean the period of time which elapses between the first day of the month following the date upon which the employee commences full-time employment and the date upon which the employee is eligible for retirement or the date of the employee's termination, whichever comes earlier. If reemployed, credited service shall be the sum of all years of full-time employment. Credited service shall be computed on the basis of completed years and fractions thereof through the last completed full calendar month of employment. The provisions of this definition shall be retroactive to January 1, 1973.

(2)

For all members retiring after January 1, 1984, credited service shall mean the period of time which elapses between the first day of the month following the employee's date of full-time employment and the date upon which services of the employee terminate. If reemployed, credited service shall be the sum of all years of full-time employment. Credited service shall be computed on the basis of completed years and fractions thereof through the last completed full calendar month of employment.

(3)

There shall be included in such credited service:

a.

Any period of absence while on active service in the Armed Forces, provided the employee returns to employment within ninety (90) days after the date when the employee is first eligible for release from active service in the Armed Forces, or at the end of any period for which such ninety-day period has been extended by the employer.

b.

Any period of time not in excess of three (3) months during any one excused absence from employment due to disability or layoff.

(4)

There shall be excluded from such elapsed period of time in computing the credited service of the employee:

a.

Any period of time during any excused absence due to disability or layoff in excess of three (3) months during any one excused absence from employment due to disability or layoff; or

b.

Any period of time during which the employee is on leave of absence without pay.

Employee means any person regularly employed by the employer on a full-time basis, including elected officials, but excluding police officers, firefighters and persons eligible for membership in the state teachers' retirement system; provided, however, that police officers, firefighters and persons eligible for membership in the state teachers' retirement system may be considered employees for purposes of this article by virtue of other full-time employment with the employer.

Employer means either the Town of Danbury or the City of Danbury, or both, as the context may require, or any successor thereto.

Member means an employee who has become a member of the pension plan as provided in section 32-23 or the retirement plan in section 32-40 and whose membership has not terminated as provided in section 32-29 .

Pension or pensions means the retirement benefit payable either periodically or as a lump sum to a member in the pension plan who, at the time of such distribution or commencement of benefits, meets the retirement criteria of the pension plan, as herein provided or referenced in sections 32-21 through and including 32-39, or as such pension plan may be amended or modified from time to time, or the lump sum eligibility criteria in accordance with section 32-40,or as such criteria may be amended or modified from time to time.

Pension plan means the defined benefit retirement plan as herein provided or referenced in sections 32-21 through and including 32-39, or as such plan may be amended or modified from time to time.

Plan or plans means the pension plan and/or the retirement plan as herein provided or referenced in this article, or as each such plan may be amended or modified from time to time.

Retired member means a member who has retired from the service of the employer and is entitled thereby to a retirement benefit hereunder from the pension plan or the retirement plan, whether or not payment of such retirement benefit has actually commenced or been distributed in full.

Retirement plan means the defined contribution retirement plan as provided in this article or referenced in section 32-40, or as such plan may be amended or modified from time to time.

Retirement benefit or benefit means the monthly, or other periodic, payment or payments to be provided under the plan for a member, terminated vested member, retired member, or his or her contingent annuitant or beneficiary.

Service in the Armed Forces means:

(1)

Compulsory active service in the Armed Forces of the United States of America;

(2)

Voluntary active service in the Armed Forces of the United States of America during a period for which applicable federal laws provide reemployment rights upon termination of such service; or

(3)

Service in the Armed Forces of the United States of America which, in the opinion of the Retirement Board, was entered upon in anticipation of compulsory active service.

Termination of employment of an employee means:

(1)

Voluntary cessation of employment with the employer by an employee;

(2)

Discharge of an employee by the employer;

(3)

Failure of an employee to return to work within ten (10) days after notice has been sent by the employer recalling him or her to work after a layoff;

(4)

Failure of an employee to return to active employment:

a.

Upon recovery from a disability, being then able to perform his or her regular duties;

b.

At the end of a period for which the employee has been granted a leave of absence, or any extension thereof;

c.

Within ninety (90) days after the date when said employee is first eligible for release from active service in the Armed Forces, or at the end of any period for which such ninety-day period has been extended by the employer upon request for such extension by the employee or somebody acting on his or her behalf;

(5)

Layoff of an employee:

a.

For a period of three (3) months in the case of an employee with less than six (6) months of credited service;

b.

For a period of one (1) year in the case of an employee with six (6) months or more of credited service.

(Code 1961, § 14-2; Ord. No. 19-1963, 12-5-1963; Ord. No. 189, §§ 1—4, 7-3-1973; Ord. No. 312, 9-24-1984; Ord. No. 31, § 14-2, 12-6-2016)