Subject: 9979/City Code/2-201&2-151/Personal Leave Date: Fri, 17 Nov 1989 08:45:00 -0500 ORDINANCE NO. 9979 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTIONS 2-201 AND 2-151, AS AMENDED, RELATIVE TO PERSONAL LEAVE. SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Section 2-151 (c) (7) and (c)(8), Part II, Chattanooga City Code, as amended by Ordinance No. 9346, encaptioned "AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, BY REPEALING PRESENT CODE SECTIONS 2-150, 2-151, 2-153, 2-154, 2-155, 2-156, 2-157, 2-158, 2-159, 2-160, 2-170, 2-171, 2-201(C) AND 16-9 AND INSERTING IN LIEU THEREOF NEW SECTIONS 2-151 AND 2-201(C), AND TO AMEND CHATTANOOGA CITY CODE, PART II, BY AMENDING SECTIONS 2-139, 2-165, 2-167, 2-169 AND 2-176, RELATIVE TO PERSONAL LEAVE AND OTHER LEAVE.", be and is hereby amended by deleting subsections (c)(7) and (c)(8) in their entirety and inserting in lieu thereof the following language: "(c)(7) Personal leave shall be earned by an employee during any accrual period while on an approved injured-on-duty leave with pay. Notwithstanding the foregoing, any employee who is on an approved injured-on-duty leave during any calendar year may not carry over to the next calendar year more than ten days of personal leave in addition to the number of days of personal leave that such employee had carried over from the previous calendar year. Such carry over shall also be limited by the provisions of subsection (c)(8) even if the employee is receiving injured-on-duty pay, at the end of the calendar year." "(c)(8) No employee may carry over more than 150 days of personal leave to calendar year 0C 1993 or any subsequent calendar year. Provided further, that no employee employed after March 27, 1990, may carry forward to calendar year 1994 or any subsequent year more than 100 days of personal leave." SECTION 2. BE IT FURTHER ORDAINED, That Section 2-201(c), Part II, Chattanooga City Code, as amended by Ordinance No. 9346, encaptioned as set forth hereinabove, be and is hereby amended by deleting subsection (c) in its entirety and inserting in lieu thereof the following language: "(c) Whenever an employment relationship is terminated, whether because of resignation, retirement, discharge or death, such employee shall receive pay for any accrued personal leave at the rate of pay the employee is earning upon termination, provided, however, that no such payment shall be made which would increase such employee's pension benefit; in the event an employee is entitled to payment for accrued personal leave which would have the effect of increasing his or her pension benefit if paid in a lump sum upon termination, the City shall pay to such employee upon termination of employment a lump sum payment for a portion of such personal leave which would not have the effect of increasing such employee's pension benefit, and the balance of such pay for accrued personal leave shall be due and payable in January of the next calendar year. Accrued personal leave shall not be counted as part of the employee's "credited service" for pension purposes under the general pension plan. At time of payment for personal leave, accrued personal leave shall not have deductions made for the general pension plan. Payment of personal leave shall not exceed the annual maximum payable under Section 2-151(c)(8)." SECTION 3. In the event a court of competent jurisdiction issues a final order holding that the payment or payments made to an employee for accrued personal leave pursuant to the provisions of Section 2-201(c) of the City Code as amended by this ordinance constitutes "compensation paid by the City to an employee by a weekly, semi-monthly or monthly salary for his personal services" for pension purposes as set forth in Section 3.37(11) of the Charter of the City of Chattanooga, Section 2 of this ordinance shall be null and void ab initio. SECTION 2. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading November 16, 1993. s/s_________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: _______ DATE: November 17, 1993. s/s_________________________________ MAYOR MAM:tlm