§ 116.501. Military leaves of absence.

(a)

All permanent employees who are ordered into military service pursuant to state or federal law, including those called into active military service because of National Guard or military reserve status, or those employees who, while being subject to mandatory military service, volunteer for a period not longer than their required military service shall be entitled to military leaves of absence. An employee who is entitled to reemployment under federal and state law and who applies for reemployment within the timeframe required by federal and state law after termination of active service shall be entitled to:

(1)

The reemployment rights prescribed by federal and state law.

(2)

All rights, privileges and benefits accorded the employee under any pension fund of the City of which the employee was a member immediately prior to the commencement of a military leave of absence, which rights, privileges and benefits will accrue and be maintained during such military absence to the same extent as if the employee had continuously served as a City of Jacksonville or JEA employee.

(3)

The rights and benefits described in paragraphs (b) through (g) below, all of which shall be subject to the terms and conditions of subsection 116.501(a).

(b)

During the period of such military leave, the employee who is entitled to military leave of absence will remain on the active payroll of the City of Jacksonville or the JEA for a period of 30 days following his or her departure for active duty.

(c)

Following the foregoing 30-day period, the City of Jacksonville and the JEA will provide employees entitled to military leave of absence with supplemental payments in the amount necessary to bring their total compensation, inclusive of their military pay, to the level of base pay plus Service Pay, City Education Pay, State Incentive (Basic, Career and Education), EMT Certificate Pay, Paramedic Certificate Pay, Fire Inspector Certificate Pay, ASE Certification Pay, Planner Certification Pay and A&P Inspection Certification Pay and other Special Incentive Pay as determined by the Chief of Human Resources for which they were eligible and were being paid at the time they were called to active military duty.

(d)

In addition the City/JEA shall pay activated employee-reservists all amounts provided as pass-through incentive payments from the state or federal government. Such payments to employees shall be terminated if not paid to the City/JEA by the state or federal government.

(e)

Employees entitled to such military leave of absence may elect also to receive a lump-sum payment from accrued annual, vacation, retirement or sick leave banks for an amount equal to the number of days specified in the orders to active duty up to a maximum of 90 days, or the maximum amount of accrued leave, if less than 90 days.

(f)

Employees entitled to such military leave of absence, and their covered dependents, will continue to be covered by the City or JEA health insurance plans under the same terms and conditions as other employees on approved leaves of absence.

(g)

Employees entitled to such military leave of absence who are active members of the General Employees or Police and Fire Pension Plans will continue to receive all benefits under said pension plans in accordance with this Section and applicable federal and state law. While absent on such military leave, such employees shall not be required to make contributions to any pension plan of the City, except for those contributions that originate from the employees' use of annual leave balances during such military leave of absence and from compensation wherein the employees are allowed to remain on the active payroll for the period of 30 days following the departure for active duty. Additional contributions by the City, if any, shall be ascertained and included in the biennial certification of the appropriate Plan's enrolled actuary.

(h)

In computing the length of service of the employee for purposes of job qualifications and voluntary retirement, the employee shall be given full credit for the period of the employee's military leave of absence to the same extent as if the employee had continuously served as a City or JEA employee during the period of military leave of absence. However, the employee shall not be entitled to any additional pension or other benefits related to such period of military leave, except as set forth in this Section.

(i)

The respective Boards of the General Employees Pension Fund and the Police and Fire Pension Fund shall make such rules as they deem necessary or desirable for the effective and efficient administration of this Section.

(j)

For purposes of this Section 116.501, employee means and is limited to all employees and officials of the City or JEA who are members of any pension plan of the City and eligible to receive health insurance benefits from the City or JEA, or who at some time during their employment were eligible to be members of any such pension plan and to receive such health insurance benefits, and who meet the terms and conditions of subsection 116.501(a). The rights and benefits of all other employees of the City or JEA related to military service shall be limited to the rights and benefits required under federal and state law.

(Ord. 68-11-107, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2002-1213-E, § 3; Ord. 2003-428-E, § 1)

Note— Former § 102.501.