The fund shall be used for and devoted to the following purposes:
(A) For the payment of such temporary benefits as the Pension Board may determine, in an amount not less than $25 per month and not greater than $75 per month, to members of the active Police Department who have suffered any physical or mental disability.
(B) For the payment of a pension in such sum, not in excess of 50% of the salary received by a first-class patrol officer, as may be decided by the Pension Board to any member of the Police Department who is retired from active service where, upon physical examination by the Police Surgeon or other surgeon appointed by the Pension Board, it is found that the member has suffered or contracted any disease (mental or physical) or any disability. The existence of disease or disability shall be determined solely by the Pension Board after examination and hearing, and after due notice to the member, as provided in this division for reinstatement in the service of the Police Department of any such retired member, and such members shall be retained on active duty with full pay until retired by the Pension Board because of the disability. However, after any such member has been so retired with pension, the Pension Board shall have the right, at any time, to cause the retired member to be brought before it again and examined by the Police Surgeon or other surgeon appointed by the Board and thereupon to determine whether the disability still exists and whether the retired member shall remain on the pension roll. The retired member shall be retained on the pension roll until reinstated in the service of the Police Department except in case of resignation.
(1) If upon examination and hearing the retired member shall be found to have recovered from the disability and to be again fit for active duty, the member shall again be put on active duty with full pay and from that time he shall cease to be entitled to any payments out of the Pension Fund.
(2) At the hearing the Pension Board shall have the right to examine witnesses, and if necessary to subpoena witnesses, and the retired member shall be entitled to due notice of the time and place of the hearing, to be present at the hearing, to propound any question pertinent or relevant to the question of his disability, to introduce evidence upon his own behalf as to such question, and for that purpose to subpoena witnesses in the same manner as the Pension Board may subpoena witnesses. All witnesses shall be examined under oath and any member of the Pension Board shall be authorized to administer the oath. If, upon the hearing, the Pension Board shall decide that the retired member is then fit for active duty and shall order the member to return to active duty, and if the member fails or refuses to do so, he shall thereupon waive any and all right to any further benefits of the Fund.
(C) (1) To any member of the Police Department who retires from active service after 20 or more years of active service, an annual pension equal to 50% of the salary of a first-class patrol officer in such Police Department, plus 2% of a first-class patrol officer's salary for each year of service of such retired member over 20 years, provided that the pension shall not exceed in any year an amount greater than 74% of the salary of a first-class patrol officer. Pensions shall be computed on an annual basis, but shall be paid in 12 equal monthly installments. At any time that the salary of a first-class patrol officer is increased or decreased, the pension payable under this section shall be proportionately increased or decreased.
(2) In case of voluntary retirement, upon application, after 20 or more years of service, the member shall be entitled to the retirement and the pension provided in this section without reference to physical condition at the time of application, but the member shall thereupon relinquish all right to any other benefits or pensions for temporary disability upon being so retired. After such retirement the member shall not be required to render further service on the Police Department, nor shall the member be subject to the rules of the Department or be deprived of the other benefits provided by this subchapter which may thereafter accrue to the member or the member's dependents. To entitle any member to be retired on account of length of service, only the time served by the member upon the regularly constituted Police Department shall be computed, and no time served by any member as a special police officer, a merchant police officer, or a private police officer shall be considered in computing the length of service.
(D) (1) For the payment of the sum of $600 funeral benefits to the heirs or estate of any active or retired member of the Police Department who has died from any cause.
(2) (a) Except as otherwise provided in this division (2), for the payment to the widow of any police officer, who may die under the circumstances set out above, a sum equal to 30% of the monthly pay of a first-class patrol officer per month to continue during her life while unmarried, and for the payment to each child of a deceased police officer under the age of 18 years, a sum equal to 10% of the monthly pay of a first-class patrol officer per month to each such child, such payments to a minor child or children under the age of 18 years to continue only for as long as the child or children remain under the age of 18 years. If a police officer remarries after his retirement from the Police Department and subsequently dies, the woman to whom he is married subsequent to his retirement shall not be deemed to be a widow under the provisions of this subchapter, and shall not be entitled to receive a pension under the provisions of this subchapter, unless the woman to whom he is remarried is his former wife.
(b) In the event that a deceased officer leaves no widow and no child under the age of 18 years, but does leave a dependent father, mother, or both, a sum equal to 20% of the monthly pay of a first-class patrol officer shall be paid from the time of his death to the dependent father, mother, or both during their dependency, but in the event both father and mother survive and are dependent, the sum equal to 20% of the monthly pay of a first-class patrol officer shall be paid to them jointly and not to each.
(c) In each of the situations where payment is made to a dependent relative of a deceased officer, the Pension Board shall be the final judges of the question of necessity and dependency and of the amount within the stated limits to be paid in any case. The Pension Board shall also have the power to reduce or terminate temporarily or permanently any payment to any dependent relative of a deceased officer, when in its judgment the condition of the Pension Fund or any other circumstances may warrant or render it necessary.
(E) For the payment of an amount equal to the pensions provided by law in case of voluntary retirement after 20 years of service to any member of the Police Department who is dismissed therefrom for any reason after having been in actual service for 20 years, and for the payment of an additional 2% per month for each full year of service in excess of 20 years of service to any member of the police force who is dismissed therefrom after having been in active service with the Police Department for more than 20 years. However, no pension provided for in this division shall be based or paid upon any service in excess of 32 years with the Department.
('84 Code, § 33.17) (Ord. 6-12-79, passed 6-12-79)