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The provisions of this division shall be cumulative of and in addition to all other ordinances of the City of Fort Worth relating to pensions, which ordinances are hereby preserved and continued in force and effect; provided, however, that in the event of any conflict, the provisions of this division shall control.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
The governing body finds that all acts, conditions and things required by provisions of the Constitution of Texas and Charter and ordinances of the City of Fort Worth precedent to and in the adoption of this division have been done, have happened and have been performed in proper and lawful time.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
By reason of the benefits and coverage herein and the additional burdens placed upon the City of Fort Worth and the fund, it is expressly provided that no member of the fund shall have the right to sue the city with respect to this fund for disability sustained in line of duty, as heretofore defined; and by virtue of membership in the fund, the member accepts the benefits provided by the fund in lieu of any alleged right at law to sue the city or this fund for damages. No heir or legal representative of a member who is injured in line of duty, which injury results in death, shall have the right to sue the city for damages by reason thereof, but such heir or legal representative shall accept the benefits provided under the employees’ retirement fund ordinances of the City of Fort Worth in lieu of such right to sue for damages in a court of competent jurisdiction.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
This division applies only to group III members as defined by § 2.5-1.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
(a) (1) For credited service earned prior to October 1, 2013, earnings shall mean the amount actually paid to a group III member by the city for services rendered to the city during the calendar year, plus overtime, acting, assignment, holiday, longevity, educational incentive, safety award, incentive and shift differential pay, as reported on the group III member’s W-2 form. Earnings shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits), beginning for such amounts received by group III members on or after January 1, 2006, so long as required by law. Regardless of the fact that the following payments may be shown on a group III member’s W-2 form, earnings shall not include:
a. Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
b. Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
c. Any award by a court, administrative body or settlement agreement in excess of earnings; and
d. Any amount paid to a group III member for which the city does not contribute to the fund under § 2.5-3(b).
(2) A group III member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group III member during the calendar year added to earnings reported on the group III member’s W-2 form to arrive at total earnings for fund matters. Mandatory group III member contributions that are picked-up by the city and excluded from a group III member’s W-2 form shall also be included as part of earnings. Notwithstanding the foregoing, earnings in excess of $200,000, if any (or such other amounts as may be determined by taking into account the cost of living adjustment provided under § 401(a)(17) of the code) shall be disregarded for all purposes of this definition of earnings. Notwithstanding the preceding provisions of this definition of earnings, earnings shall not include any amounts paid following a group III member’s effective DROP election.
(b) (1) For credited service earned on or after October 1, 2013, earnings shall mean the amount actually paid to a group III member by the city for services rendered to the city during the calendar year, plus acting, assignment, holiday, longevity, educational incentive, safety award, incentive and shift differential pay, as reported on the group III member’s W-2 form. Earnings shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits), beginning for such amounts received by group III members on or after January 1, 2006, so long as required by law. earnings shall not include any amount received as a result of overtime. Regardless of the fact that the following payments may be shown on a group III member’s W-2 form, earnings shall not include:
a. Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
b. Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
c. Any award by a court, administrative body or settlement agreement in excess of earnings; and
d. Any amount paid to a group III member for which the city does not contribute to the fund under § 2.5-3(b).
(2) A group III member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group III member during the calendar year added to earnings reported on the group III member’s W-2 form to arrive at total earnings for fund matters. Mandatory group III member contributions that are picked-up by the city and excluded from a group III member’s W-2 form shall also be included as part of earnings. Notwithstanding the foregoing, earnings in excess of $200,000, if any (or such other amounts as may be determined by taking into account the cost of living adjustment provided under § 401(a)(17) of the code) shall be disregarded for all purposes of this definition of earnings. Notwithstanding the preceding provisions of this definition of earnings, earnings shall not include any amounts paid following a group III member’s effective DROP election.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
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