Sec. 39-301. - Short title; effective date.

This article shall be known as the City of Wilmington Nonuniformed Employees' Retirement Act of 2011, which shall be effective and shall be fully implemented as of July 1, 2011.

(Ord. No. 11-019, § 1, 6-2-11)

Sec. 39-302. - Prior plans.

(a)

The predecessor plans are (i) the City of Wilmington Employees' Retirement Act described in article II of this chapter, all the terms of which are hereinafter referred to as "Plan I," (ii) the City of Wilmington Nonuniformed Employees' Retirement Act of 1979 described in article III of this chapter, all of the terms of which are hereinafter referred to as "Plan II," and (iii) the City of Wilmington Nonuniformed Employees' Act of 1990 described in article VI of this chapter, all the terms of which are referred to hereinafter as "Plan III." Nonuniformed employees shall participate in the Delaware County and Municipal Pension Plan, Plan III, Plan II, or Plan I, but in not more than one plan as to future service, in accordance with the provisions of section 39-303

(b)

As of July 1, 2011, participation in Plan III shall be frozen and only those city employees participating in Plan III on June 30, 2011 shall continue to participate in Plan III. Participation in Plan II by part-time elected and appointed city officials shall also be frozen and only those part-time elected and appointed city officials participating in Plan II on June 30, 2011 shall continue to participate in Plan II.

(Ord. No. 11-019, § 1, 6-2-11)

Sec. 39-303. - Eligibility and participation.

All nonuniformed full-time city employees, hired on or after July 1, 2011, including all appointed employees and full-time and part-time elected officials who are first appointed or first elected on or after July 1, 2011, shall participate in the Delaware County and Municipal Pension Plan described in Chapter 55A of Title 29 of the Delaware Code in accordance with all of the terms and conditions set forth therein which shall be incorporated herein by reference. For purposes of this section 39-303, part-time elected or appointed officials shall refer to city council members, whether elected or appointed, and full-time elected officials shall refer to the mayor and the city treasurer.

(Ord. No. 11-019, § 1, 6-2-11)