§ 13.09. Continuing rights under retirement plans of former City of Nashville or former County of Davidson.

Pension rights under Section 9.07 of this charter may include medical insurance benefits, and life insurance benefits. Said pension rights, together with those provided by Section 9.06 hereof, shall be administered by the board of education and both shall be an obligation and liability of the metropolitan government. In addition all benefits payable to members, retired members, and their survivors, in accordance with any of the following retirement plans of the former City of Nashville or the former County of Davidson as such plans existed prior to the effective day of this charter shall continue unimpaired for the same duration provided in such plans as they existed prior to the effective date, and such benefits shall be an obligation and liability of the metropolitan government:

(a)

The pension, retirement and benefit plan for police officers and firemen of the former City of Nashville created in accordance with the provisions of Article 48 of Chapter 246 of the Private Acts of 1947, and all amendatory acts thereof.

(b)

The pension, retirement and benefit plan for the city judge and civil service employees of the former City of Nashville created in accordance with the provisions of Article 48 of Chapter 246 of the Private Acts of 1947 and all amendatory acts thereof.

(c)

The retirement plan for officers and employees of the former County of Davidson created in accordance with the provisions of Chapter 274 of the Private Acts of 1943, and all amendatory acts thereof.

It shall be the duty of the investments committee in addition to the duties hereinabove set forth to manage, invest and reinvest the funds and assets of the retirement plans listed in this Section 13.09 (a)—(c), which funds and assets shall be maintained as separate funds in one or more funds of the system of employee benefit plans for the officers and employees of the metropolitan government, as said committee may determine in its sole discretion. It shall be the duty of the employee benefit board to assume jurisdiction over, to administer, and to interpret the provisions of the retirement plans listed above in this Section 13.09; to codify and restate such retirement plans if the board determines that such codification and restatement would be an administrative convenience, and to exercise the duties granted the board in Section 13.05 of this charter with respect to such retirement plans; provided, however, that no provision of this charter shall be construed to affect in any way the benefits payable to members and their survivors of the teachers' retirement plans of the former City of Nashville or the former County of Davidson; and provided, further, that the board shall suspend, as a condition precedent to the employment of any person by the metropolitan government, the benefits payable under such retirement plan during the period such person is regularly employed by the metropolitan government.

Provided any member receiving a service pension of the metropolitan government or the former City of Nashville or former Davidson County shall be entitled to receive their service pension and still serve as a member of the metropolitan council. This provision shall supersede any provision of the Charter or the applicable pension plans to the contrary.

(Res. No. 72-380, § 1, 11-7-72; Res. No. 74-869, § 1, 11-5-74; Substitute Res. No. 78-1051, 9-19-78; amended by referendum election of November 6, 2018, Amdt. 6)