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(a) Upon the application of a member, or his or her personal representative or department head on behalf of the member, a member who:
(1) Is in City employment;
(2) Has ten or more years of credited service; and
(3 Becomes totally and permanently incapacitated for duty in the employ of the City, by reason of a personal injury or disease, may be retired by the Board of Trustees; provided, that after a medical examination of the member, made by or under the direction of the medical director, the medical director certifies in writing to the Board of Trustees:
a. That the member is mentally or physically totally incapacitated for duty in the employ of the City;
b. That his or her incapacity will probably be permanent; and
c. That the member should be retired;
provided further, that the report of the Medical Director is concurred in by the Board of Trustees. Upon his or her retirement the member shall receive a disability pension provided in § 35-28 if he or she is a general member, or as provided in § 35-29 if he or she is a police officer or firefighter member.
(b) The ten or more years of credited service requirements contained in subsection (a) of this section shall be waived for a member if the Board of Trustees finds:
(1) His or her total and permanent incapacity is the natural and proximate result of a personal injury or disease arising out of and in the course of his or her actual performance of duty in the employ of the City; and
(2) He or she is in receipt of workers’ compensation on account of such total and permanent incapacity.
(Ord. 1860, passed 8-16-1965)
(a) Upon his or her retirement or account of disability, as provided in § 35-27, a general member shall receive a straight life disability pension computed according to § 35-27, a general member shall receive straight life disability pension computed according to § 35-23. Upon termination of his or her workers’ compensation, if any, arising on account of his or her City employment or at his or her attainment of age 60 years, whichever occurs first, he or she shall be given service credit for the period he or she was in receipt of workers’ compensation and at that time his or her straight life disability pension shall be recomputed to include the additional service credit. His or her straight life disability pension shall not be less than 15% of his or her final average compensation and shall be subject to § 35-30.
(b) Upon his or her retirement, a general member shall have the right to elect to receive his or her disability pension under an option provided in § 35-26 in lieu of a straight life disability pension, subject to the condition that if any benefits are paid or payable under § 35-32 on account of his or her death no benefits shall be paid to his or her beneficiary under Option “B” or “C.”
(Ord. 1860, passed 8-16-1965; Ord. 2206, passed 4-13-1970; Ord. 2496, passed 5-19-1975)
(a) Effective January 1, 1970, upon his or her retirement on account of disability, as provided in § 35-27, a police officer member shall receive a straight life disability pension computed according to § 35-24.1, or a firefighter member shall receive a straight life disability pension computed according to § 35-24. Upon termination of a firefighter member’s workers’ compensation period, if any, arising on account of his or her City employment, or his or her attainment of age 55 years, whichever occurs first, he or she shall be given service credit for the period he or she was in receipt of workers’ compensation and at that time his or her straight life disability pension shall be recomputed to include the additional service credit. A police officer or firefighter member’s disability pension shall not be less than 20% of his or her final average compensation and shall be subject to §§ 35-30 and 35-33.
(b) Effective January 1, 1970, in the event a police officer member retires on account of disability, as provided in § 35-27, and the Board finds:
(1) His or her total and permanent disability is the natural and proximate result of a personal injury or disease arising out of and in the course of his or her actual performance of duty in the employ of the City; and
(2) He or she is in receipt of workers’ compensation on account of such total and permanent disability, he or she shall receive a straight life pension equal to 50% of his or her final average compensation in lieu of the pension provided in subsection (a) of this section. His or her disability pension shall be subject to §§ 35-30 and 35-33.
(c) Effective January 1, 1970, prior to the date of his or her retirement a police officer or firefighter member may elect to receive his or her disability pension, provided in subsection (a) or (b) of this section, under an option provided in § 35-26 in lieu of a straight life pension; provided, that if any benefits are paid or payable under §§ 35-31 and 35-31.1 on account of his or her death no benefits shall be paid to his or her beneficiary under Option “B” or “C” provided in § 35-26.
(Ord. 1860, passed 8-16-1965; Ord. 2206, passed 4-13-1970; Ord. 2496, passed 5-19-1975)
(a) At least once each year during the first five years following the retirement of a member with a disability pension, and at least once in every three- year period thereafter, the Board of Trustees may, or upon the retirant’s application the Board of Trustees shall require the retirant, if he or she has not attained his or her voluntary retirement age, to undergo a medical examination to be made under the direction of the Medical Director. If the retirant refuses to submit to such medical examination in any such period, his or her disability pension may be suspended by the Board of Trustees until his or her withdrawal of the refusal. Should the refusal continue for one year all his or her rights in and to a disability pension may be revoked by the Board of Trustees. If, upon such medical examination of a retirant, the medical director reports to the Board of Trustees that the retirant is physically able and capable of resuming employment with the City, and his or her report is concurred in by the Board of Trustees, the retirant shall be returned to the employ of the City and his or her disability pension shall be discontinued. In returning the retirant to the City employment, reasonable latitude shall be allowed the City in placing him or her in a position commensurate to this type of work and rate of compensation at the time of his or her retirement.
(b) A disability retirant who has been or shall be restored to City employment as provided in subsection (a) of this section, shall again become a member of the retirement system and he or she shall contribute to the system at the rate applicable to this membership classification. His or her credited service at the time of his or her retirement shall be restored to full force and effect. He or she shall be given service credit for the period he or she is receiving a disability pension provided in the retirement plan if, within that period, he or she was in receipt of workers’ compensation on account of his or her total and permanent disability arising out of and in the course of his or her employment; otherwise he or she shall not be given service credit for the period he or she was in receipt of a disability pension.
(Ord. 1860, passed 8-16-1965)
(a) Any general member or police officer member who continues in the employ of the City after he or she either has acquired 20 years of credited service or has attained age 55 years and has ten or more years of credited service may, prior to the date of his or her retirement, by written declaration duly executed and filed with the Board of Trustees, elect Option “B” provided in § 35-26, and nominate a beneficiary who has an insurable interest in the life of the member, in the same manner as if he or she were then retiring pursuant to the provisions of the retirement plan. At any time prior to his or her retirement the same member may revoke his or her election of Option “B” and nomination of beneficiary and he or she may prior to the date of his or her retirement again elect Option “B” and nominate a beneficiary as provided in this subsection. Upon the death of a general member or police officer member who has an Option “B” election in force, his or her beneficiary shall immediately receive a pension which is the Option “B” actuarial equivalent of a pension computed according to § 35-23 if a general member, or according to § 35-24.1 if the member was a police officer member, in the same manner as if he or she had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age. If a general member or police officer member has an Option “B” election in force at the time of his or her retirement his or her election of Option “B” and nomination of beneficiary shall thereafter continue in force, unless within 60 days preceding the date of his or her retirement he or she elects to take his or her pension as a straight life pension or under another option provided in § 35-26. No pension shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under § 35-32 on account of his or her death.
(b) Any general member or police officer member who continues in the employ of the City after he or she either has acquired 20 years of credited service, or has attained age 55 years and has ten or more years of credited service, and in either case does not have an Option “B” election provided in subsection (a) of this section in force, and dies prior to his or her retirement while in City employment, and leaves a surviving spouse, or if no surviving spouse, the individual designated as the beneficiary for purposes of refund of contributions filed with the retirement system, the surviving spouse, or designated beneficiary if there is no surviving spouse, shall receive a pension computed according to § 35-23 if the member was a general member, or according to § 35-24.1 if the member was a police officer member, in the same manner as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age, elected Option “B” provided in § 35-26, and nominated a beneficiary who has an insurable interest in his or her life. No pension shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under § 35-32 on account of his or her death.
(c) General members not represented by recognized bargaining units and employed by the Board of Hospital Managers who are participants in the contributory plan and have 15 or more years of credited service, or are in the noncontributory plan and have ten or more years of credited service in a pension and do not have an option by election provided in subsection (a) of this section in force, and die prior to retirement while in City employment, and leave a surviving spouse, or if no surviving spouse, the individual designated as the beneficiary for the purposes of refund of contributions filed with the retirement office, the surviving spouse shall receive a pension computed according to § 35-32 in the same manner as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age, elected Option “B” provided in § 35-26, and nominated his or her surviving spouse, or if no surviving spouse, the individual designated as the beneficiary for purposes of refund of contributions, filed with the retirement system. No pension shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under §35-32 on account of his or her death.
(d) General members not represented by recognized bargaining units and not employed by the Board of Hospital Managers who have ten years or more of credited service in a pension and do not have an Option “B” election as provided in subsection (a) of this section in force, and die prior to retirement while in City employment, and leave a surviving spouse, or if no surviving spouse, the individual designated as the beneficiary for the purposes of refund of contributions filed with the retirement office, the surviving spouse shall receive a pension computed according to § 35-32 in the same manner as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age, elected Option “B” provided in § 35-26, and nominated his or her surviving spouse, or if no surviving spouse, the individual designated as the beneficiary for purposes of refund or contributions, filed with the retirement system. No person shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under § 35-32 on account of his or her death.
(Ord. 1860, passed 8-16-1965; Ord. 1889, passed 3-21-1966; Ord. 2314, passed 3-13-1972; Ord. 2370, passed 12-11-1972; Ord. 2446, passed 7-1-1974; Ord. 2496, passed 5-19-1975; Ord. 3238, passed 7-12-1993; Ord. 3243, passed 8-9-1993)
(a) Any firefighter member who continues in the employ of the City after he or she either has acquired 15 years of credited service, or has attained age 55 years and has ten or more years of credited service, may, prior to the date of his or her retirement, by written declaration duly executed and filed with the Board of Trustees, elect Option “B” provided in § 35-26, and nominate a beneficiary whom the Board finds to be dependent upon the member for at least 50% of his or her financial support, in the same manner as if he or she were then retiring pursuant to the provisions of the retirement plan. At any time prior to his or her retirement the firefighter member may revoke his or her election of Option “B” and the nomination of a beneficiary and he or she may prior to the date of his or her retirement again elect Option “B” and nominate a beneficiary as provided in this subsection. Upon the death of a firefighter member who has an Option “B” election provided in this subsection in force, his or her beneficiary shall immediately receive a pension computed according to § 35-24, in the same manner as if he or she had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age. If a firefighter member has an Option “B” election in force at the time of his or her retirement, his or her election of Option “B” and nomination of beneficiary shall thereafter continue in force, unless within 60 days preceding the date of his or her retirement he or she elects to take his or her pension under Option “A” or “C” provided in § 35-26. No pension shall be paid under this subsection on account of the death of a firefighter member if any benefits are paid or payable under § 35-26 on account of his or her death.
(b) Any firefighter member who continues in the employ of the City after he or she either has acquired 15 years of credited service, or has attained age 55 years and has ten or more years of credited service, and in either case does not have an Option “B” election provided in subsection (a) of this section in force, and dies prior to this retirement, and leaves a widow, or in the case of a female member leaves a widower whom the Board of Trustees finds to be disabled to such an extent that he or she is dependent upon the female member for at least 50% of his or her financial support, the widow or widower shall receive a pension, computed according to § 35-32, in the same manner as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained voluntary retirement age, elected Option “B” provided in § 35-26, and nominated his or her widow or widower as beneficiary. No pension shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under § 35-32 on account of his or her death.
(Ord. 2314, passed 3-13-1972; Ord. 2558, passed 6-14-1976)
In the event a general member or police officer member dies as a result of a personal injury or disease arising solely out of and in the course of his or her employment by the City, and a disability retirant dies within a period of three years from and after the date of his or her disability retirement and prior to his or her voluntary retirement age as the result of the same injury or disease for which he or she was retired, and in either case the death, injury or disease resulting in death be found by the Board of Trustees to have been the result of his or her actual performance of duty in the employ of the City, the applicable benefits provided in this section shall be paid; provided, that the pensions provided in subsections (b), (c), (d) and (e) of this section shall be subject to the condition that workers’ compensation is paid on account of the same member or retirant; and provided further, that the pensions shall be subject to subsection (f) of this section and § 35-33.
(a) In the case of a deceased member, his or her accumulated contributions standing to his or her credit in the employees’ savings fund shall be paid in accordance with the provisions of § 35-34.
(b) A pension of one-third of the deceased person’s final compensation shall be paid to his or her widow or her widower and shall terminate upon his or her or her remarriage or death.
(c) If, in addition to a widow, or widower, the deceased person leaves an unmarried child or children under the age of 18 years or age 21 years if a full-time student as determined by the Board of Trustees, each such child shall receive a pension of an equal share of one-fourth of his or her final compensation. Upon any such child’s adoption, marriage, death or attainment of age 18 years, or age 21 years if a full-time student as determined by the Board of Trustees, whichever occurs first, his or her pension shall terminate and there shall be a redistribution by the Board of Trustees to his or her remaining eligible children under age 18 years, or 21 years, as the case may be, if any.
(d) If the deceased person does not leave a widow or widower, or if his or her widow or her widower dies or remarries before the youngest surviving unmarried child shall have attained age 18 years or age 21 years if a full-time student as determined by the Board of Trustees, his or her unmarried child or children under age 18 years, or 21 years, as the case may be, shall each receive a pension of one-fourth of his or her final compensation; provided, that if there be more than two such surviving children, each such child shall receive a pension of an equal share of one-half of his or her final compensation. Upon the child’s adoption, marriage, death or attainment of age 18 years, or 21 years if a full-time student as determined by the Board of Trustees, whichever occurs first, his or her pension shall terminate and there shall be a redistribution by the Board of Trustees to his or her remaining eligible children under age 18 years, or 21 years, as the case may be, if any. In no case shall the child’s pension exceed one-fourth of the deceased person’s final compensation.
(e) If there be neither widow, widower nor children eligible to receive a pension provided in this section surviving the deceased person, there shall be paid to his or her dependent mother and dependent father, as the Board of Trustees after investigation shall find to have been actually dependent upon him or her for financial support due to physical or mental disability, a pension of one-sixth of his or her final compensation; provided, that in no case shall the pension payable to either parent exceed $720.00 per year. Upon the remarriage or death of any such parent his or her pension shall terminate.
(f) The total of the pensions provided in subsections (b), (c) and (d) of this section payable to the survivors of the deceased person shall not exceed $4,500.00 a year. As used in this section, the term
WIDOW or WIDOWER means the spouse of the person at the time his or her or her employment with the City last terminated.
(Ord. 1860, passed 8-16-1965; Ord. 2314, passed 3-13-1972)
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