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(a) Pensions commencing prior to October 1, 2013.
(1) Standard pension benefit A. A vested group III member who retires on or after the group III member’s normal retirement date and who requests commencement of the group III member’s pension prior to October 1, 2013, or a group III member who terminates employment prior to October 1, 2013, and prior to the group III member’s normal retirement date and who waits until such vested retirement date to apply for a pension, shall receive an annual life pension, the amount of which shall be 3% of the group III member’s applicable compensation base as defined by § 2.5-23(a)(1) or (a)(2), whichever is applicable, multiplied by the group III member’s total years of credited service, payable monthly on the first day of each month commencing with the month following the board’s approval of the group III member’s pension. This retirement pension shall be defined as the “group III member’s standard pension benefit A.”
(2) Alternative pension benefit. In lieu of the group III member standard pension benefit A, a group III member under this subsection (a) may irrevocably elect with his or her spouse’s consent (where applicable), in advance of his or her retirement and pursuant to regulations and requirements the board in its discretion may adopt, to receive an “alternative pension benefit” which shall be actuarially equivalent to the group III member’s standard pension benefit A and which shall be payable in two parts:
a. One part in a lump sum amount not less than 5% nor greater than 25% of the actuarial equivalent of the group III member’s pre-October 1, 2013 standard pension benefit A, which lump sum shall be payable on the date benefits commence under subsection (a)(2)b. below; and
b. The remainder in an annual life pension, payable monthly on the first day of each month commencing with the month following the board’s approval of the group III member’s alternative pension benefit.
(3) Limitation on alternative pension benefit. Notwithstanding any other provision in this division to the contrary, the option to elect an alternative pension benefit shall not be available for any disability pension under § 2.5-26, death benefit under § 2.5-27, or normal vested termination pension under § 2.5-24, nor shall it be available to any group III member who is receiving pension benefits as of the effective date of the alternative pension benefit provisions of this section, nor shall it be available upon re-retirement to any retired group III member who becomes re-employed by the city.
(b) Pensions commencing on or after October 1, 2013.
(1) Pensions commencing upon normal retirement date or vested retirement date for group iii members hired and vested prior to October 23, 2007, whose pensions commences on or after October 1, 2013 (not subject to the 12% earnings cap). A vested group III member hired and vested prior to October 23, 2007, who retires on or after the group III member’s normal retirement date and requests commencement of the group III member’s pension on or after October 1, 2013, or a group III member who terminates employment on or after October 1, 2013, and prior to the group III member’s normal retirement date and who waits until such vested retirement date to apply for a pension, shall receive an annual life pension, the amount of which is calculated by adding the following:
a. Three percent of the group III member’s compensation base as defined by § 2.5-23(a)(1) multiplied by the group III member’s years of credited service from date of hire until September 30, 2013; and
b. Two and fifty one-hundredths percent of the group III member’s compensation base as defined by § 2.5-23(b) multiplied by the group III member’s years of credited service from October 1, 2013, until date of termination.
(2) Pensions commencing upon normal retirement date for group III members hired prior January 1,2013 and not vested by October 23, 2007 (subject to the earnings cap). A group III member hired prior to January 1, 2013, who was not vested by October 23, 2007 who retires on or after the group III member’s normal retirement date and requests commencement of the group III member’s pension, and whose pension commences on or after October 1, 2013, or who terminates employment on or after October 1, 2013, but prior to the group III member’s normal retirement date and who waits until such vested retirement date to apply for a pension, shall receive an annual life pension, the amount of which is calculated by adding the following:
a. Three percent of the group III member’s compensation base as defined by § 2.5-23(a)(2) multiplied by the group III member’s years of credited service from date of hire until September 30, 2013; and
b. Two and fifty one-hundredths percent of the group III member’s compensation base as defined by § 2.5-23(b) multiplied by the group III member’s years of credited service from October 1, 2013 until date of termination.
(3) Payable. The pension should be payable monthly on the first day of each month commencing with the month following the board’s approval of the group III member’s pension benefit. This retirement pension shall be defined as the “group III member standard pension benefit B.”
(c) Alternative pension benefit. In lieu of the group III member standard pension benefit A or B, a group III member may irrevocably elect with his or her spouse’s consent (where applicable), in advance of his or her retirement and pursuant to regulations and requirements the board in its discretion may adopt, to receive an “alternative pension benefit” which shall be actuarially equivalent to the group III member’s standard pension benefit A or B and which shall be payable in two parts:
(1) One part in a lump sum amount not less than 5% nor greater than 25% of the actuarial equivalent of the group III member’s standard pension benefit A or B, which lump sum shall be payable on the date benefits commence under subsection (c)(2) below; and
(2) The remainder in an annual life pension, payable monthly on the first day of each month commencing with the month following the board’s approval of the group III member’s pension.
(d) Limitation on alternative pension benefit. Notwithstanding any other provision in this division to the contrary, the option to elect an alternative pension benefit shall not be available for any disability benefits under § 2.5-26, death benefits under § 2.5-27, or vested termination pension under § 2.5-24, nor shall it be available to any group III member who is receiving pension benefits hereunder as of the effective date of the alternative pension benefit provisions of this section, nor shall it be available upon re-retirement to any retired group III member who becomes re-employed by the city.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
(a) General provisions. See § 2.5-7, for general provisions related to disability pension.
(b) Disability in line of duty. If a group III member, whether or not vested, becomes disabled as defined in § 2.5-7, while in line of duty, the group III member shall receive an annual life pension, the amount of which shall be the specified percentage of the group III member’s compensation base multiplied by the group III member’s total years of credited service which would have accrued if the group III member had worked to the group III member’s normal retirement date, but not less than $250 per month. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base shall be 2.75%, unless the group III member is already eligible to retire on or after his or her normal retirement date, in which case the group III member shall receive the standard pension benefit.
(c) Disability not in line of duty for vested group III members whose disability pension commences prior to October 1, 2013. If a vested group III member becomes disabled as defined in § 2.5-7, while not in line of duty, and the group III member’s pension commences prior to October 1, 2013, the group III member shall receive an annual life pension, the amount of which shall be the specified percentage of the group III member’s compensation base, multiplied by the group III member’s total years of credited service to date of actual retirement. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base shall be 2.75%, unless the group III member is already eligible to retire on or after the group III member’s normal retirement date, in which case the specified percentage shall be 3%.
(d) Disability not in line of duty for vested group III members whose disability pension commences on or after October 1, 2013. If a vested group III member becomes disabled as defined in § 2.5-7, while not in line of duty, and the group III member’s pension commences on or after October 1, 2013, the group III member shall receive an annual life pension, the amount of which shall be determined by adding the following:
(1) A specified percentage of the group III member’s compensation base as defined by § 2.5-23(a)(1) for group III members hired and vested prior to October 23, 2007, or a specified percentage of the group III member’s compensation base as defined by § 2.5-23(a)(2) for group III members who were hired prior to January 1, 2013, and were not vested by October 23, 2007, multiplied by the group III member’s years of credited service from date of hire until September 30, 2013. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base for credited service pursuant to this subsection (d)(1) shall be 2.75%; and
(2) A specified percentage of the group III member’s compensation base as defined by § 2.5-23(b), multiplied by the group III member’s years of credited service from October 1, 2013, until the date of disability. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base for credited service pursuant to this subsection (d)(2) shall be 2.25%.
(e) Disability not in line of duty for non-vested group III members. If a group III member becomes disabled while not in line of duty before the group III member is vested, then such group III member shall be entitled to receive a contribution refund in accordance with § 2.5-24(a).
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
(a) While in line of duty.
(1) If a group III member dies before retirement while in line of duty and as a result of the performance of that group III member’s duties, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s pension, based on the number of years of credited service that would have accrued had the group III member lived to the group III member’s normal retirement date, but not less than $250.
(2) Each dependent child of such group III member under 18 years of age shall be entitled to receive a monthly pension, the amount of which shall be $100, provided however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this section, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group III member’s pension, based on the number of years of credited service that would have accrued had the group III member lived to the group III member’s normal retirement date, but not less than $250.
(3) If a group III member dies while in line of duty and leaves no widow or widower or children eligible to receive a benefit hereunder, but is survived by a dependent parent or parents, such dependent parent(s) shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension projected to the group III member’s normal retirement date, but not less than $250.
(4) The survivor’s monthly pension benefit for a group III member who dies in line of duty under this subsection (a) shall be calculated using a multiplier of 3%.
(b) While not in line of duty.
(1) Vested group III member who dies not in line of duty and whose survivor’s monthly pension begins prior to October 1, 2013.
a. If a vested group III member dies before retirement, while not in line of duty, and the survivor monthly pension benefit begins prior to October 1, 2013, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension but not less than $150.
b. Each dependent child under 18 years of age of such vested group III member shall be entitled to receive a monthly pension, the amount of which shall be $100, provided, however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this subsection (b), all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, but not less than $150.
c. If a vested group III member dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit under this subsection (b), but is survived by a dependent parent or parents, such dependent parent(s) shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, projected to the group III member’s normal retirement date, but not less than $150.
d. For purposes of this subsection (b)(1), a group III member’s accrued pension shall be calculated using a multiplier of 2.75%, unless the group III member had reached the group III member normal retirement date prior to death, in which event the multiplier shall be 3.0%.
(2) Vested group III member who dies not in line of duty and whose survivor’s monthly pension begins on or after October 1, 2013.
a. If a vested group III member dies before retirement, while not in line of duty, and the survivor pension begins on or after October 1, 2013, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension but not less than $150. The accrued pension shall be calculated by adding the following:
1. A specified percentage of the group III member’s compensation base as defined by § 2.5-23(a)(1) for group III member’s hired and vested prior to October 23, 2007, or a specified percentage of the group III member’s compensation base as defined by § 2.5-23(a)(2) for group III members who were hired prior to January 1, 2013, and were not vested by October 23, 2007, multiplied by the group III member’s years of credited service from date of hire until September 30, 2013. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base for credited service for this time period shall be 2.75%; and
2. A specified percentage of the group III member’s compensation base as defined by § 2.5-23(b), multiplied by the group III member’s years of credited service from October 1, 2013, until the date of death. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base for credited service for this time period shall be 2.25%.
b. Each dependent child under 18 years of age of such vested group III member shall be entitled to receive a monthly pension, the amount of which shall be $100; provided, however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this section, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, but not less than $150.
c. If a group III member dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit hereunder, but is survived by a dependent parent or parents, such dependent parent(s) shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, but not less than $150.
(3) Group III member not vested at time of death. If a group III member was not vested on the date of death, the surviving widow or widower shall be entitled to the return of all contributions which the group III member paid into the fund during the group III member’s life plus regular interest thereon. If there is not a surviving widow or widower, the contributions shall be paid to the estate of the group III member.
(c) After retirement.
(1) Upon the death of a retired group III member. Upon the death of a retired group III member, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the pension being paid to the group III member, provided that the group III member and surviving widow or widower had been married for at least one year immediately prior to the group III member’s retirement. Notwithstanding the preceding sentence, a surviving widow or widower who was not married to the deceased group III member for at least one year immediately prior to the group III member’s retirement shall be eligible to receive a monthly pension if the group III member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director, within six months after the group III member’s completion of two years of marriage to the group III member’s spouse. The reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group III member’s election to receive a reduced monthly pension. If such an election has been made, the surviving widow or widower shall receive a monthly pension for life equal to 75% of the group III member’s reduced monthly pension.
(2) Group III members who are not married on date of retirement. Upon the death of a retired group III member who was not married at retirement, a beneficiary designated by the group III member at retirement may be eligible to receive a monthly pension if the group III member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group III member’s reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group III member’s election to receive a reduced monthly pension. The group III member can elect for his or her designated beneficiary to receive either 100%, 75%, 50% or 25% of the group III member’s reduced monthly pension. If a group III member who was not married at retirement and who selected a designated beneficiary pursuant to this section later marries only the designated beneficiary would be entitled to receive a lifetime monthly pension.
(3) Dependent children. Each dependent child under 18 years of age of such retired deceased group III member shall be entitled to receive a monthly pension, the amount of which shall be $100, but shall cease upon the earliest of such child’s death, marriage or attainment of age 18 pursuant to the terms of this article.
(d) Death of vested terminated group III member prior to pension commencing. If a terminated group III member entitled to a pension dies before the group III member’s pension commences, the group III member’s designated beneficiary, or if none, the group III member’s estate shall receive an amount equal to the group III member’s total contributions to the fund, plus regular interest. If the vested group III member’s years of age and years of credited service total at least 65 as of the date of the group III member’s termination, the group III member’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group III member would have been entitled as of the date of the group III member’s death, in lieu of the payment of contributions plus regular interest. If the group III member’s years of age and service did not total at least 65 as of the date of the group III member’s termination, the group III member’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group III member would have been eligible to draw the benefit, or an immediate benefit at an actuarially reduced rate.
(e) General provisions.
(1) If a deceased group III member leaves no widow, widower, designated beneficiary, children or dependent parents eligible to receive a benefit hereunder, the group III member’s total contributions plus regular interest less any amount previously paid to him or her from the fund, shall be paid to the group III member’s estate.
(2) Payments to a child shall be made whether or not a widow, widower or designated beneficiary survives and shall continue after the death of a widow, widower or designated beneficiary but shall cease upon the earliest of such child’s death, marriage or attainment of age 18. Payments to a dependent parent shall cease upon such parent’s death. For purposes of this division, a parent will be deemed to be dependent if the group III member provides over one half of the parent’s support. Payments to a widow, widower or designated beneficiary shall continue after remarriage, but shall cease upon the death of the widow, widower or designated beneficiary. Payments to a widow or widower forfeited due to remarriage, under prior provisions of this section will be reinstated upon written request by the widow or widower, but no retroactive payment can be made. After payments cease, any excess of the group III member’s total contributions over and above disability and/or death benefits paid, plus regular interest at date of death o shall be paid to the group III member’s estate.
(3) Except as provided in subsection (d) above, death benefit coverage during service breaks in excess of 90 consecutive calendar days shall be limited to group III members who are absent due to service-connected injury incurred while in line of duty.
(4) Benefits hereunder shall be payable on the first day of each month commencing with the month following the month in which the group III member’s death occurs. The board shall determine all questions of dependency, and its determination shall be final and conclusive on all parties. All unmarried, legitimate and legally adopted children under the age of 18 years, in the absence of determination to the contrary, shall be considered dependent.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 22977-10-2017, § 1, passed 10-24-2017)
This division shall apply to group IV members as defined by § 2.5-1.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
(a) Earnings shall mean the amount actually paid to a group IV 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 IV 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 IV members on or after January 1, 2006, so long as required by law. Earnings does not include any amount received as a result of overtime. Regardless of the fact that the following payments may be shown on a group IV member’s W-2 form, earnings shall not include:
(1) Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
(2) Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
(3) Any award by a court, administrative body or settlement agreement in excess of earnings;
(4) Any payment received from the city’s wellness program;
(5) Any amount received from the city’s vacation sell-back program; and
(6) any amount paid to a group IV member for which the city does not contribute to the fund under § 2.5-3(b).
(b) A group IV member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group IV member during the calendar year added to earnings reported on the group IV member’s W-2 form to arrive at total earnings for fund matters. Mandatory group IV member contributions that are picked-up by the city and excluded from a group IV 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. Notwithstanding the preceding provisions, earnings shall not include any amounts paid following a group IV member’s effective DROP election.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
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