§ 20.479. 2010 Fire Department Retirement Incentive Plan.

(a) Definitions.

Eligible employee. For the purposes of this section, an eligible employee means a sworn employee of the Minneapolis Fire Department who is eligible for full or reduced retirement benefits under any public employee's retirement plan.

(b)

Plan. The first ten (10) eligible employees who submit a signed and completed participation form to the human resources department to the attention of the employee services director on or after September 16, 2010, and prior to or on December 10, 2010, who separate from service on or after October 4, 2010 and prior to or on December 31, 2010 but no earlier than sixteen (16) days after submission of the completed election form, will receive twenty-five thousand dollars ($25,000.00). Forms will be accepted by hand delivery or by delivery via U.S. Mail. Upon receipt, each envelope and/or form will be date and time stamped by the human resources department. The human resources department will notify the administration of the Minneapolis Fire Department and the International Association of Fire Fighters Local 82 of the names of employees submitting participation forms on a daily basis beginning September 16, 2010. An employee rescinding participation will be replaced by an employee in the order of submission.

(c)

Pension benefits impact. To the extent permitted by law, the contribution will have no financial impact on the eligible employee's current or future pension benefits.

(d)

Employment ineligibility. Employees who separate employment under the terms of this section are ineligible for future employment with any department under city council jurisdiction.

(e)

Rescission period. An employee may rescind the election to participate pursuant to federal law, state law, civil service rules or collective bargaining agreement.

(f)

Payment. The payment to the employee under this section will be made within thirty (30) days after the expiration of all applicable notice, waiver and rescission time periods and will have all applicable federal and state taxes withheld.

(g)

Waiver of rights. Employees participating in the incentive under this section must release the City of Minneapolis from any and all rights, causes of action or claims in connection with the employee's employment at the City of Minneapolis, termination of that employment and all related matters. The waiver shall exclude rights, causes of action and claims arising after the date, the waiver is executed. These rights and claims include, but are not limited to, those arising under any local, state, or federal laws, regulations or other requirements, including without limitation the Age Discrimination in Employment Act, as amended by the Older Workers' Benefit Protection Act. The waiver will not interfere with an employee's right to file a charge or participate in an investigation or a proceeding conducted by the equal employment opportunity commission.

(h)

Notwithstanding subsection (b), the fire chief may expand the plan to permit participation in the plan of up to an additional ten (10) eligible employees provided the fire chief reports the additional number of participation slots to the public safety and health standing committee of the city council prior to September 16, 2010. The participation of any additional eligible employees will be as provided in subsection (b). (2010-Or-065, § 2, 7-23-10)