An ordinance amending Section 3.08.010 of the Metropolitan Code of Laws to include correctional officers employed by the Davidson County Sheriff’s Department and special police employed by the Department of Parks and Recreation in the pension plan for members with fire and police credited service.

Whereas the Metropolitan County Council has adopted a system of employee benefits know as the Metropolitan Employee Benefit System; and

Whereas the system of employee benefits includes retirement benefits for officers and employees of the Metropolitan Government; and

Whereas the Metropolitan County Council has provided more favorable retirement benefits for certain employees in public safety positions in the Police Department and Fire Department in order to reflect the physical and mental demands of such positions; and

Whereas it has been determined that certain employees of the Davidson County Sheriff’s Department and the Department of Parks and Recreation in public safety positions should also be afforded more favorable retirement benefits to reflect the physical and mental demands of their positions; and

Whereas an actuarial determination of the cost of such benefit improvement has been made; and

Whereas the Metropolitan Employee Benefit Board has approved the more favorable retirement benefits for certain employees of the Davidson County Sheriff’s Department and the Department of Parks and Recreation.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

Section 1. That Section 3.08.010 of the Metropolitan Code of Laws is hereby amended to add the following new definition:

“Correctional officer” means an eligible employee who is a correctional officer in the Davidson County Sheriff’s Department as determined in accordance with the qualifications of a correctional officer prescribed by applicable rules and regulations of the civil service commission and having direct contact with inmates as a regular and necessary part of the employees duties and responsibilities.

Section 2. That Section 3.08.010 of the Metropolitan Code of Laws is hereby amended by deleting the definition of “current police and fire service” in its entirety and adding the following new definition:

“Current police and fire service” means all continuous, uninterrupted service after April 1, 1963, of an eligible employee during which time he is a fireman, policeman or correctional officer and is a member; provided, however, such service shall not include any service after a member's compulsory retirement age.

Section 3. That Section 3.08.010 of the Metropolitan Code of Laws is hereby amended by deleting the definition of “policeman” in its entirety and adding the following new definition:

“Policeman” means an eligible employee who is a police officer in the department of police, as determined in accordance with the qualifications of a police officer prescribed by applicable rules and regulations of the civil service commission. “Policeman” shall also include personnel employed by the Department of Parks and Recreation designated as special police pursuant to Section 11.1005 of the Metropolitan Charter. An eligible employee in the department of police who is not a police officer shall not be deemed to be a policeman. A policeman shall not lose his standing by virtue of a voluntary transfer into a civilian position, once having established credited service as a policeman, provided written application to continue such designation is approved by the board. Such application filed with the board will only be approved by the board on a showing that the policeman has sustained a disability that prevents him from maintaining his position as a policeman, and stating that the policeman wants to move to a civilian position rather than take disability retirement.

Section 4. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace, Craig Jenkins

LEGISLATIVE HISTORY
Introduced:	March 4, 2003
Passed First Reading:	March 4, 2003
Referred to:	Personnel Committee Public Safety Committee Parks Committee
Passed Second Reading:	March 18, 2003
Passed Third Reading:	April 1, 2003
Approved:	April 3, 2003
By: