§ 154-111. General rules for becoming an active participant.

(a)

New employees. Each individual who becomes an eligible employee on or after September 1, 1991, shall automatically become an active participant as of the date on which he or she becomes an eligible employee and shall be required to participate in the plan.

(b)

Participation by existing employees. An eligible employee employed before September 1, 1991, who chooses to participate in the plan and to be entitled to any increased benefits must file a written election to participate in the plan renouncing all other benefits under any prior plan and authorizing the transfer to the plan of all contributions to the credit of such eligible employee in any prior plan. If such eligible employee has not paid the maximum employee contribution required by law to be paid by participants in the prior plan, or if such eligible employee has withdrawn all or any part of such contributions, then such eligible employee shall pay to the plan the total amount that he was required to contribute, less any amount transferred to the plan by the prior plan. Such repayment shall include interest from the end of the calendar year in which the contributions were withdrawn or were not paid, compounded annually at a rate of eight percent. If such eligible employee was a member of the Fulton County General Employees Pension Fund, then in addition to the above specified amount he shall pay the additional contributions that would have been required of him had he elected to become a member of the Fulton County Employees Pension Fund as of January 1, 1982, including interest compounded at the rate of eight percent annually from the end of the calendar year in which such additional contributions would have been made. If such eligible employee was employed by the Fulton County Department of Family and Children Services, no interest shall be due on such additional sum. Upon such authorization or payment, such participant shall be entitled to creditable service for all years of service with which he was credited in the applicable prior plan.

(c)

Protection of existing rights. Notwithstanding any other provision of this division, no individual employed by Fulton County before September 1, 1991, who chooses to participate in the plan shall have his pension computed in such a way so as to produce a smaller pension benefit than he would have been entitled to receive had this division not been enacted.

(d)

Judges and the district attorney. A Judge of the Fulton County Superior Court or the District Attorney of the Atlanta Judicial Circuit shall participate in the plan only if he files an election to participate within six months of taking office.

(e)

Elected officials and department heads. Elected officials and department heads may waive in writing the right to participate in the plan. Such waiver shall be irrevocable.

(f)

Rule for previously employed employees. An eligible employee who has been previously employed by the employer and is reemployed will become an active participant on the first day on which he performs an hour of service.

(91-RC-669, § 2.1, 12-18-91; 95-0886, § 1, 8-9-95)