Sec. 116.701. - Lump sum payment of vacation and terminal leave.

(a) In the event the State or an agency of the State assumes responsibility for providing a local governmental service being rendered by the City in such manner as to acquire the employees of the City whose job functions are to provide the governmental service, the City employees so affected shall be entitled to the following benefits: (1) Lump sum full payment for all accrued annual leave up to the maximum amount allowed under Section 116.203 , calculated on the basis of the employee's salary on the effective date of the transfer to the State or State agency payroll. (2) Lump sum pro rata payment of terminal leave based on unused sick leave, computed as follows: (i) An employee who elected to remain under the sick leave and terminal leave plan of a former government shall have the amount of pro rata lump sum terminal leave payment computed as follows: (A) Compute the percentage of sick leave actually used by the employee. (B) The percentage arrived at in paragraph (A) shall determine the number of calendar months of terminal pay the employee would have been entitled to under the appropriate plan. (C) Multiply the number of months arrived at in paragraph (B) by the fractional amount which results from dividing the actual number of completed years of employment by 20. (D) The pro rata terminal pay to be paid an employee shall be the product of multiplying the months or fractional parts thereof arrived at in paragraph (C) times the monthly salary of same employee. (ii) The pro rata lump sum terminal leave payment of an employee not covered under subparagraph (i) above shall be computed as follows: (A) Determine the number of days representing one-third of the employee's unused accumulated sick leave. (B) Multiply the figure arrived at in paragraph (A) by the fractional amount resulting from dividing the actual number of completed years of employment by 20. (C) The pro rata terminal leave pay to be paid an employee shall be the product of multiplying the days or fractional parts thereof as computed in paragraph (B) by the daily rate of pay of the employee. (b) An employee of the City who elects to retire early under the early retirement provisions of any pension fund of the City, and an employee of the City not a member of any pension fund, who terminates employment with more than ten years' service but less than 20 years' service with the City or a former government of the City, shall be entitled to a lump sum pro rata payment for terminal leave upon retirement. The amount of terminal leave pay shall be computed in accordance with subparagraph (a)(2) of this Section. (Ord. 73-1102-487, § 1; Ord. 73-1396-743, § 1; Ord. 83-591-400, § 1) Note— Former § 102.701.