§ 1:262. Separation benefits for unused accumulated vacation time and sick leave; conversion/payment.

A.

Upon written agreement by a member or his surviving spouse, separation benefits relative to unused accumulated vacation time and sick leave shall be provided by the retirement system, as specified by this section. The aforesaid written agreement shall provide, in order to attain eligibility for separation benefits relative to unused accumulated vacation time and/or sick leave provided by the retirement system, for the waiver of severance benefits provided by the employer relative to the same unused accumulated vacation time or sick leave. No such separation benefits shall be provided by the retirement system if separation benefits relative to the same unused accumulated vacation time or sick leave are provided by the employer.

B.

The provisions of this section shall be applicable only with respect to members of the retirement system whose application for retirement has been approved by the board, who elect to participate in the deferred retirement option plan, or who die, all as further provided herein below. In the determination of separation benefits provided by this section, ordinances and/or rules and regulations, and contractual provisions, of and relative to the employer, or any of its agencies, including civil service boards and/or commissions, relative to amounts of vacation time and sick leave that are earned, accumulated, and used, shall be applicable hereto, except that separation benefits so determined shall not exceed that determined by the application of said ordinances and/or rules and regulations, and contractual provisions, as such existed and read on April 1, 1997; however, the foregoing restrictions shall not be construed to prohibit the conversion of unused accumulated vacation time or sick leave (determined subject to said restrictions) to credit as provided by subsection C, paragraph 2, of this section. Limitations relative to vacation time or sick leave as allowed by the city-parish shall be used for retirement purposes in those cases where limitations for the employer are greater than those of the city-parish.

C.

When a member applies for retirement, and is found to be eligible for such with or without the application of this section, or dies while still a member and before retirement, leaving a surviving spouse who is entitled to benefits under this part, the member or the surviving spouse may elect to have all unused accumulated vacation time and sick leave treated under either paragraph 1 or 2 below.

1.

If this paragraph is chosen, an election shall be made to be paid by the retirement system for a portion of accumulated vacation time and sick leave, and to have a portion thereof converted to retirement credit, as follows. If this option is selected, the member, or his surviving spouse, shall be paid for that portion allowable; and the member's unused accumulated vacation time and sick leave which do not exceed the maximum amounts earned and accumulable, for which no payment is allowable, and which was earned while in employment covered by this system, all as certified by the department head of the member's department, shall be added to the member's membership service, the addition to be on the basis of one (1) service hour for each two (2) hours of unused accumulated vacation time or sick leave, adjusted on a calendar-year basis. The member, or his surviving spouse, shall have the option of selecting the hours for which to receive payment and for which to receive additional credit.

2.

If this paragraph is chosen, an election shall be made to waive all payment for such unused accumulated vacation time or sick leave and convert same or all of such to retirement credit as follows. If this option is selected, that portion of unused accumulated vacation time or sick leave, as designated by the member or his surviving spouse, shall be added to the member's membership service, the addition to be on the basis of one (1) service hour for each hour of unused accumulated vacation time or sick leave.

D.

Any unused accumulated vacation time or sick leave which is chosen to be converted to service credit shall be used in determining eligibility for retirement and benefits under this part. The added service shall also be used in calculating average compensation. For purposes of computing average compensation, it shall be assumed that the member's earned compensation at the time of retirement, entry to the deferred retirement option plan, or death, continues for the period of added service, with no increases in earned compensation for the period of added service. For purposes of this paragraph, earned compensation is limited to that compensation provided for (1) under the position of the member in the applicable pay plan of the employer, or (2) under a bona fide conditional appointment to another position while on leave from the position of (1) above.

(Ord. No. 10779, § 1, 12-11-96; Ord. No. 12171, § 1, 11-28-01; Ord. No. 16039, § 1, 8-12-15)