§ 16-96. Employment after retirement.

(a)

Suspension of benefits. The payment of pension benefits shall be suspended for each month a Participant serves as an employee, as defined in section 16-71(i), of the City of Cocoa Beach or if disability benefit recipient resumes employment as an employee.

The board of trustees may uniformly waive the provisions of this section for such periods of time as it deems appropriate.

(b)

Notice of re-employment and re-retirement.

(1)

Retired participants must notify the board of trustees upon returning to any type of work for the City of Cocoa Beach within thirty (30) days after starting work. Notice of reemployment shall be given on a form provided by the board of trustees.

(2)

A participant must notify the board of trustees upon re-retirement if the participant returns to work for the City of Cocoa Beach after having a claim filed for pension benefits. Notice of re-retirement shall be given on a form provided by the board of trustees. Pension benefits shall be suspended until notice of re-retirement is given.

(c)

Advance determination of prohibited work. A participant may request, in writing and on a form provided by the board of trustees, an advance determination whether certain work for the city is prohibited under this pension plan. A written determination shall be given to the participant within sixty (60) days of the request, unless special circumstances (such as a hearing) require additional time, not to exceed one hundred twenty (120) days from receipt of the request.

(d)

Resumption of benefits.

(1)

Benefit payments for pension recipients shall resume effective by the first day of the month after receipt of the notice of re-retirement, or verification of retirement, from the participant.

(2)

The board of trustees may deduct twenty-five (25) per cent of each month's benefit payment for benefits previously made which should have been suspended. The first three (3) months are subject to offset without limitation. The board of trustees shall notify the participant of the amount subject to offset, the manner of offset, and the months of work involved.

(Ord. No. 1222, § 1, 11-18-1999)