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(a) Pension, death, disability and vested termination benefits shall be based upon the group IV member’s compensation base which shall mean the average annual earnings which were paid to the group IV member by the city for employment with the city during any five years. If a group IV member has less than five calendar years of employment, the group IV member’s compensation base shall be determined by the executive director under uniform, non- discriminatory procedures that are consistently applied.
(b) For compensation base purposes, any lump sum payments of earnings for any prior time period, whether awarded to the group IV member by a court, administrative body or settlement agreement, shall be retroactively attributed to the calendar year in which it would otherwise have been received by the group IV member from the city for services rendered.
(c) For purposes of computing the compensation base for a group IV member who has made an effective DROP election, the group IV member’s compensation base shall be calculated using the group IV member’s earnings prior to the effective date of the DROP election.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
(a) Contribution refund prior to vesting. A group IV member who is voluntarily or involuntarily separated from the service of the city before the group IV member is vested shall be entitled to receive the amount of the group IV member’s contributions plus regular interest less any amount previously paid to the group IV member from the fund.
(b) Vested termination pension.
(1) a. A vested group IV member who is voluntarily or involuntarily separated from the service of the city shall be entitled to receive a vested termination pension payable:
1. In full, pursuant to § 2.5-32(b); or
2. In a reduced amount commencing on or after age 50.
b. A group IV member must file a request for the commencement of the vested termination pension by completing such forms and following such procedures as are established by the board. A vested termination pension shall be payable monthly on the first day of each month commencing with the month following approval of the vested termination pension by the board.
(2) A vested termination pension shall be an annual life pension, the amount of which shall be the specified percentage of the group IV member’s compensation base multiplied by his or her total years of credited service to date of such voluntary or involuntary separation from the service of the city. For purposes of the preceding sentence, the specified percentage of the group IV member’s compensation base shall be 2.25%, unless the group IV member has attained his or her normal retirement date or vested retirement date prior to the date that pension payments begin, in which case the specified percentage shall be 2.5%. A vested termination pension shall be calculated using the specified percentage and compensation base in effect at the time the group IV member’s earned the credited service.
(3) If a group IV member has not attained his or her normal retirement date or vested retirement date prior to the date the vested termination pension payments begins, the amount of reduction for commencement of a pension prior to the group IV member’s normal retirement date or vested retirement date (in addition to the specified percentage of 2.25%), shall be 0.416666667% for each month by which commencement of the pension antedates the group IV member’s normal retirement date had he or she remained employed by the city.
(c) Contribution refund after vesting in lieu of vested termination pension. Any vested group IV member who is voluntarily or involuntarily separated from the service of the city may elect to receive a refund of the group IV member’s contributions, plus regular interest less any amount previously paid to the group IV member from the fund, either at the date of such separation or at any time thereafter prior to commencement of retirement benefit, but by so doing, the group IV member shall forfeit all rights under the fund and thereafter be entitled to no further benefits hereunder.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 22977-10-2017, § 1, passed 10-24-2017)
(a) Pensions commencing upon normal retirement date. A vested group IV member under this division who retires on or after the group IV member’s normal retirement date and requests commencement of the group IV member’s pension, or a group IV member who terminates employment prior to the group IV 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 2.5% of the group IV member’s compensation base multiplied by the group IV 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 IV member’s pension. This pension benefit shall be called the “group IV member’s standard pension benefit.”
(b) Alternative pension benefit. In lieu of the standard pension benefit, a group IV 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 IV member’s standard pension benefit 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 iv member’s standard pension benefit, which lump sum shall be payable on the date benefits commence under subsection (b)(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 IV member’s pension.
(c) 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 § 2.5-36, death benefit under § 2.5-37, or normal vested termination pension under § 2.5-34, nor shall it be available to any retired group IV 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 IV 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 IV member, whether or not vested, becomes disabled as defined in § 2.5-7 while in line of duty, the group IV member shall receive an annual life pension, the amount of which shall be the specified percentage of the group IV member’s compensation base multiplied by the total years of credited service which would have accrued if the group IV member had worked to normal retirement date, but not less than $250 per month. For purposes of the preceding sentence, the specified percentage of the group IV member’s compensation base shall be 2.25%, unless the group IV member is already eligible to retire on or after his or her normal retirement date, in which case the specified percentage shall be 2.5%.
(c) Disability not in line of duty for vested group IV members. If a vested group IV member becomes disabled, as defined in § 2.5-7, while not in line of duty, the group IV member shall receive an annual life pension, the amount of which shall be the specified percentage of the group IV member’s compensation base multiplied by the group IV member’s total years of credited service to date of actual retirement. For purposes of the preceding sentence, the specified percentage of the group IV member’s compensation base shall be 2.25%, unless the group IV member is already eligible to retire on or after the group IV member’s normal retirement date, in which case the specified percentage shall be 2.5%.
(d) Disability not in line of duty for non-vested group IV members. If a group IV member becomes disabled while not in line of duty before the group IV member is vested, then such group IV member shall be entitled to receive a contribution refund in accordance with § 2.5-34(a).
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
(a) While in line of duty.
(1) If a group IV member dies before retirement while in line of duty and as a result of the performance of that group IV 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 IV member’s pension, based on the number of years of credited service that would have accrued had the group IV member lived to the group IV member’s normal retirement date, but not less than $250.
(2) Each dependent child of such group IV 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 division, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group IV member’s pension, based on the number of years of credited service that would have accrued had the group IV member lived to the group IV member’s normal retirement date, but not less than $250.
(3) If a group IV 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 parents or the surviving dependent parent shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group IV member’s accrued pension projected to his or her normal retirement date, but not less than $250.
(4) The survivor’s monthly pension benefit for a group IV member who dies in line of duty shall be calculated using a multiplier of 2.5%.
(b) While not in line of duty.
(1) Vested group IV member.
a. If a vested group IV member dies before retirement, while not in line of duty, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group IV member’s accrued pension but not less than $150.
b. Each dependent child under 18 years of age of such vested group IV 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 division, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group IV member’s accrued pension, but not less than $150.
c. If a group IV member dies while in 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 parents or the surviving dependent parent shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group IV member’s accrued pension, projected to the group IV member’s normal retirement date, but not less than $150.
d. The survivor’s monthly pension benefit for a vested group IV member who dies not in line of duty shall be calculated using a multiplier of 2.25%.
(2) Group IV member not vested at time of death. If a group IV 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 IV member paid into the fund during the group IV 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 IV member.
(c) After retirement.
(1) Group IV members who are married at retirement. The surviving spouse of a group IV member who dies after retirement would be eligible to receive a monthly pension if the group IV member elected to receive a reduced monthly pension prior to retirement, on a form and subject to procedures developed by the executive director of the fund. The group IV member’s reduced monthly pension shall be determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group IV member’s election to receive a reduced monthly pension. Notwithstanding the preceding, a surviving spouse who was not married to the deceased group IV member at the time of his or her retirement shall be eligible to receive a monthly pension if the group IV 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 IV member’s completion of two years of marriage to his or her 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 IV member’s election to receive a reduced monthly pension. The group IV member can elect for his or her surviving spouse to receive either 100%, 75%, 50% or 25% of the group IV member’s reduced monthly pension.
(2) Group IV members who are not married on date of retirement. Upon the death of a retired group IV member, who was not married at retirement, a beneficiary designated by the group IV member at retirement may be eligible to receive a monthly pension if the group IV member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group IV 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 IV member’s election to receive a reduced monthly pension. The group IV member can elect for his or her designated beneficiary to receive either 100%, 75%, 50% or 25% of the group IV member’s reduced monthly pension. If a group IV member who was not married at retirement and who selected a designated beneficiary pursuant to this subsection (c) later marries, only the designated beneficiary would be entitled to receive a lifetime monthly pension.
(3) Dependent child. Each dependent child under 18 years of age of such retired deceased group IV 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 IV member prior to pension commencing. If a terminated group IV member entitled to a pension dies before his or her pension commences, the group IV member’s designated beneficiary, or if none, the group IV member’s estate shall receive an amount equal to the group IV member’s total contributions to the fund, plus regular interest. If the vested group IV member’s years of age and years and credited service total at least 65 as of the date of the group IV member’s termination, the group IV member’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group IV member would have been entitled as of the date of the group IV member’s death, in lieu of the payment of contributions plus regular interest. If the group IV member’s years of age and service did not total at least 65 as of the date of the group IV member’s termination, the group IV member’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group IV 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 IV member leaves no widow, widower, designated beneficiary, children or dependent parents eligible to receive a benefit hereunder, the group IV 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 IV 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 IV 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 IV member’s total contributions over and above disability and/or death benefits paid, plus regular interest at date of death shall be paid to the 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 IV 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 IV 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)
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