Rome |
Code of Ordinances |
Part III. CODE |
Appendix A. GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM |
Article IV. ELIGIBILITY, QUALIFICATION AND PARTICIPATION |
§ 2. Qualifications for participation.
(a)
Minimum Service Requirement. With respect to each class of Eligible Regular Employees, the Employer may specify in the Adoption Agreement a minimum number of hours per week and/or a minimum number of months per year which are required to be scheduled and worked in order to establish and maintain one's status as an Eligible Employee. It shall be the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. In determining whether said requirements are satisfied, the following rules shall apply:
(1)
If an Employee is otherwise includable in an Eligible Regular Employee class, but he does not meet the minimum service requirements established by the Employer for said class pursuant to subsection (a) above, he or she shall not be considered an Eligible Employee, unless and until he satisfies such requirements. If an Eligible Regular Employee who has not yet become a Participant no longer meets said minimum service requirement, but he remains an Employee of the Employer, he or she shall no longer be considered an Eligible Regular Employee, unless and until he again satisfies the minimum requirement.
(2)
No period of employment during which an Employee fails to satisfy the Employer's minimum service requirement and no leave of absence granted to such Employee shall be counted in determining whether any waiting period for participation established by the Employer pursuant to subsection (b) below has been satisfied. However, provided the Employee remains continuously employed by the Employer, such periods shall not be considered a break in Service under subsection (b)(1) below for purposes of satisfying said waiting period.
(b)
Waiting Period. Unless otherwise specified by the Adopting Employer in an addendum to the Adoption Agreement, Eligible Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer in order to commence participation in the Plan. In determining whether this waiting period has been satisfied, the following rules shall apply:
(1)
Breaks in Service. If an Eligible Regular Employee has a break in Service prior to satisfying the waiting period for participation and later becomes reemployed by the Adopting Employer, he shall be required to again satisfy the waiting period in order to be eligible to participate in the Plan. Service rendered prior to said break in Service shall not be taken into account in determining whether the waiting period has been satisfied.
(2)
Employed on Effective Date; Waiting Period Satisfied. If an Eligible Regular Employee is employed by the Adopting Employer on the Effective Date of the Plan and he has completed a period of continuous, uninterrupted Service as an Eligible Employee immediately prior to the Effective Date equal to or exceeding the length of the required waiting period, then he shall be considered to have satisfied the waiting period and he shall be eligible to commence participation in the Plan on the first day of the month immediately following or coinciding with the Effective Date of the Plan.
(3)
Employed on Effective Date; Waiting Period Not Satisfied. If an Eligible Regular Employee is employed by the Adopting Employer on the Effective Date of the Plan, but he has not completed a period of continuous, uninterrupted Service as an Eligible Regular Employee immediately prior to the Effective Date equal to or exceeding the length of the required waiting period, then he shall be eligible to commence participation in the Plan on the first day of the month immediately following or coinciding with the date that he completes the minimum period of continuous, uninterrupted Service as an Eligible Regular Employee necessary to satisfy the required waiting period.
(4)
Employed After the Effective Date. If an Eligible Regular Employee is initially employed by the Adopting Employer after the Effective Date of the Plan, he shall be eligible to commence participation in the Plan on the first day of the month immediately following or coinciding with the date that he completes the minimum period of continuous, uninterrupted Service as an Eligible Regular Employee necessary to satisfy the required waiting period.
(5)
Treatment of Leaves of Absence. For purposes of determining whether the waiting period for participation has been satisfied, Service shall include any period of absence from employment which is required to be taken into account for such purpose under USERRA, the FMLA, or any other applicable federal or state law. Unless otherwise required by law or unless the terms of the leave otherwise specify, an authorized leave of absence granted to an Eligible Regular Employee by the Adopting Employer shall be counted as Credited Service for purposes of determining whether the waiting period for participation has been satisfied. However, unless otherwise required by law or unless the terms of the leave otherwise specify, if an Eligible Regular Employee on an authorized leave of absence fails to return to active employment upon expiration of the leave of absence, the Eligible Regular Employee shall be considered to have incurred a break in Service for purposes of meeting the waiting period for participation as of the date preceding the approved leave period.
(6)
Treatment of Service as an Ineligible Employee. If an Employee of the Adopting Employer who is not an Eligible Employee becomes an Eligible Regular Employee while remaining continuously employed by the Adopting Employer, said Eligible Employee shall become eligible to commence participation on the first day of the month immediately following or coinciding with the date he meets the eligibility requirements for participation under this Article. For purposes of satisfying any waiting period imposed by the Adopting Employer, and unless otherwise specified in the Adoption Agreement, the Eligible Regular Employee's prior period of employment as an Ineligible Employee shall be credited in the same manner as Service as an Eligible Regular Employee, provided that during said prior period of service as an Ineligible Employee, he satisfied any minimum service requirement established by the Employer pursuant to Article IV, Section 2(a). Unless otherwise specified in the Adoption Agreement, if an Eligible Regular Employee becomes an Ineligible Employee prior to satisfying the waiting period for participation in the Plan, his service as an Ineligible Employee shall be credited in the same manner as Service as an Eligible Regular Employee for purposes of satisfying said waiting period, provided that the Ineligible Employee satisfies the applicable minimum service requirements established for Eligible Employees pursuant to Article IV, Section 2(a). However, in no event will an Ineligible Employee be permitted to become a Participant in the Plan unless and until he has satisfied the waiting period and has again become an Eligible Employee. For purposes of satisfying the waiting period, leaves of absence granted to an Ineligible Employee shall be treated in the same manner as leaves of absence for Eligible Regular Employees under subsection (5) above.
(7)
Prior Participation in Another GMEBS Plan. An Eligible Regular Employee who is hired after the Effective Date of the Plan shall be eligible to become a Participant on the first day of the month immediately following or coinciding with the date on which he is employed by the Adopting Employer, regardless of any waiting period requirement established by the Employer, provided that: (i) his immediate prior employment was with another employer in the GMEBS; (ii) he was a Participant in the previous employer's GMEBS Plan; and (iii) he satisfies any minimum service requirement established by the Adopting Employer pursuant to Article IV, Section 2(a) for his class.