2025-07ORDINANCE NO. 2025-07
AN ORDINANCE AMENDING CHAPTER 66 (PERSONNEL), ARTICLE II
(RETIREMENT PLAN FOR GENERAL EMPLOYEES), DIVISION 7 (BENEFITS ON
TERMINATION OF EMPLOYMENT), SECTION 167, AND ARTICLE III
(RETIREMENT PLAN FOR PUBLIC SAFETY EMPLOYEES), DIVISION 7
(BENEFITS ON TERMINATION OF EMPLOYMENT), SECTION 407, REGARDING
THE TREATMENT OF ACCUMULATED CONTRIBUTIONS FOR NON-VESTED
PARTICIPANTS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 66, Article
II, Section 167, and Article III, Section 407, in each case pertaining to the treatment of
accumulated contributions for non-vested participants, be and hereby are amended to read in
their entirety as follows:
"CHAPTER 66 -PERSONNEL
ARTICLE IL -RETIREMENT PLAN FOR GENERAL EMPLOYEES
Sec. 66-167. -Refund of accumulated contributions.
In the event of the termination of a participant's employment with the city, other than by
retirement or death, or in the case of a participant who has completed fewer than five or seven
years of credited service such that the participant is not vested in the participant's deferred
retirement benefit, is not eligible to receive a deferred retirement allowance pursuant to section
66-168, in the event of the termination of�cipant's ms status as an eligible employee, the
participant he may elect to receive in a lump sum a payment of the participant's ms accumulated
contributions as of the at date of such termination of employment. If such election is not made
on or nrior to the date that is 90 calendar days following the effective date of such termination of
menLand the narticioant's accumulated corr
or such diff�ent amoun
shall be deemed to have elected pa.went of any of such accumulated contributions in a lum
sum via rollover to an individual retirement account established for the pill1i_cipant. Any such
payment shall cancel any rights of the participant to receive a deferred monthly retirement
allowance under the provisions of section 66-168, and shall cancel any period of credited service
previously credited to the participant.
Sec. 66-407. -Refund of accumulated contributions.
In the event of the termination of a participant's employment with the city, other than by
retirement or death, or in the case of a participant who has completed fewer than five or seven
years of credited service such that the participant is not vested in the participant's deferred
retirement benefit, is not eligible to receive a deferred retirement allowance pursuant to section
66-408, in the event of the termination of the participant's ms status as an eligible employee, the
participant he may elect to receive in a lump sum a payment of the partici� ms accumulated
contributions as of the at date of such termination of employment. If such election is not made
on or prior to the date that is 90 calendar days following the effective date of such termination of
employment, and the lli!tlig.pant's accumulated contributions are more than $1.000 and less than
•e 7.000. or such differeJ:!t amount as provided under Code Section 401(a)(3 l). the participant
shall be deemed to have elected oavment of anv of such accumulated co
sum via rollover to an individual retirement account established for the participant. Any such
payment shall cancel any rights of the participant to receive a deferred monthly retirement
allowance under the provisions of section 66-408, and shall cancel any period of credited service
previously credited to the participant."
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