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(a) See § 2.5-7, for general provisions related to disability pension.
(b) Disability in line of duty. If a group V firefighter, whether or not vested, becomes disabled as defined in § 2.5-7, while in the line of duty, the group V firefighter shall receive an annual life pension, the amount of which shall be the specified percentage of the group V firefighter’s compensation base multiplied by the group V firefighter’s total years of credited service which would have accrued if the group V firefighter had worked to the group V firefighter’s normal retirement date, but not less than $250 per month. For purposes of the preceding sentence, the specified percentage of the group V firefighter’s compensation base shall be 2.75%, unless the group V firefighter is already eligible to retire on or after the group V firefighter’s normal retirement date, in which case the group V firefighter shall receive the standard pension benefit.
(c) Disability not in line of duty for vested group V firefighters whose disability pension commences prior to January 10, 2015. If a vested group V firefighter becomes disabled as defined in § 2.5-7, while not in line of duty, and the group V firefighter’s pension commences prior to January 10, 2015, the group V firefighter shall receive an annual life pension, the amount of which shall be the specified percentage of the group V firefighter’s compensation base, multiplied by the group V firefighter’s total years of credited service to date of actual retirement. For purposes of the preceding sentence, the specified percentage of the group V firefighter’s compensation base shall be 2.75%, unless the group V firefighter is already eligible to retire on or after the group V firefighter’s normal retirement date, in which case the specified percentage shall be 3%.
(d) Disability not in line of duty for vested group V firefighters whose disability pension commences on or after January 10, 2015. If a vested group V firefighter becomes disabled as defined in § 2.5-7, while not in line of duty, and the group V firefighter’s pension commences on or after January 10, 2015, the group V firefighter shall receive an annual life pension, the amount of which shall be determined by adding the following:
(1) A specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(a)(1) if hired and vested prior to October 23, 2007, or a specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(a)(2) if hired prior to January 10, 2015, and not vested by October 23, 2007, multiplied by the group V firefighter’s years of credited service from date of hire until January 9, 2015. For purposes of the preceding sentence, the specified percentage of the group V firefighter’s compensation base for credited service pursuant to this subsection shall be 2.75%; and
(2) A specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(b) multiplied by the group V firefighter’s years of credited service from January 10, 2015, until the date of disability. For purposes of the preceding sentence, the specified percentage of the group V firefighter’s compensation base for credited service pursuant to this subsection shall be 2.25%.
(e) Disability not in line of duty for non-vested group V firefighters. If a group V firefighter becomes disabled while not in line of duty before the group V firefighter is vested, then such group V firefighter shall be entitled to receive a contribution refund in accordance with § 2.5-64(a).
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 21510-10-2014, § 2, passed 10-21-2014)
(a) While in line of duty.
(1) If a group V firefighter dies before retirement while in line of duty and as a result of the performance of that group V firefighter’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 V firefighter’s standard pension, based on the number of years of credited service that would have accrued had the group V firefighter lived to the group V firefighter’s normal retirement date, but not less than $250.
(2) Each dependent child under 18 years of age of such group V firefighter 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 V firefighter’s pension, based on the number of years of credited service that would have accrued had the group V firefighter lived to the group V firefighter’s normal retirement date, but not less than $250.
(3) If a group V firefighter 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) or the surviving dependent parent, shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’s accrued pension projected to the group V firefighter’s normal retirement date, but not less than $250.
(4) The survivor’s monthly pension benefit for a group V firefighter who dies in line of duty shall be calculated using a multiplier of 3%.
(b) While not in line of duty.
(1) Vested group V firefighter who dies not in line of duty and whose survivor’s monthly pension begins prior to January 10, 2015.
a. If a vested group V firefighter dies before retirement, while not in line of duty, and the survivor monthly pension benefit begins prior to January 10, 2015, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’s accrued pension but not less than $150.
b. Each dependent child under 18 years of age of such vested group V firefighter 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 V firefighter’s accrued pension, but not less than $150.
c. If a vested group V firefighter dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit under this section, but is survived by a dependent parent or parents, such dependent parent(s) or the surviving dependent parent, shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’s accrued pension, but not less than $150.
d. For purposes of this subsection (b)(1), a group V firefighter’s accrued pension shall be calculated using a multiplier of 2.75%, unless the group V firefighter had reached the group V firefighter’s normal retirement date prior to death, in which event the multiplier shall be 3%.
(2) Vested group V firefighter who dies not in line of duty and whose survivor’s monthly pension begins on or after January 10, 2015.
a. If a vested group V firefighter dies before retirement, while not in line of duty, and the survivor pension begins on or after January 10, 2015, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’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 V firefighter’s compensation base as defined by § 2.5-63(a)(1) if hired and vested prior to October 23, 2007, or a specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(a)(2) if hired prior to January 10, 2015, and not vested by October 23, 2007, multiplied by the group V firefighter’s years of credited service from date of hire until January 9, 2015. For purposes of the preceding sentence, the specified percentage of the group V firefighter’s compensation base for credited service for this time period shall be 2.75%; and
2. A specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(b), multiplied by the group V firefighter’s years of credited service from January 10, 2015, until the date of death. For purposes of the preceding sentence, the specified percentage of the group V firefighter’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 V firefighter 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 V firefighter’s accrued pension, but not less than $150.
c. If a group V firefighter 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 V firefighter’s accrued pension, but not less than $150.
(3) Group V firefighter not vested at time of death. If a group V firefighter 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 V firefighter paid into the fund during the group V firefighter’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 V firefighter.
(c) After retirement.
(1) Upon the death of a group V firefighter, 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 V firefighter, provided that the group V firefighter and surviving widow or widower had been married for at least one year immediately prior to the group V firefighter’s retirement. Notwithstanding the preceding sentence, a surviving widow or widower who was not married to the deceased group V firefighter for at least one year immediately prior to the group V firefighter’s retirement shall be eligible to receive a monthly pension if the group V firefighter 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 V firefighter’s completion of two years of marriage to the group V firefighter’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 V firefighter’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 V firefighter’s reduced monthly pension.
(2) Upon the death of a group V firefighter who was not married at retirement, a beneficiary designated by a group V firefighter at retirement may be eligible to receive a monthly pension if the group V firefighter has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group V firefighter’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 V firefighter’s election to receive a reduced monthly pension. If such an election has been made, the group V firefighter’s designated beneficiary shall receive a monthly pension for life equal to 100%, 75%, 50% or 25% of the group V firefighter’s reduced monthly pension. If a group V firefighter who was not married at retirement and who selected a designated beneficiary pursuant to this subsection later marries only the designated beneficiary would be entitled to receive a lifetime monthly pension.
(3) Each dependent child under 18 years of age of such deceased group V firefighter 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; provided, however, that if no surviving widow, widower or designated beneficiary shall be entitled to 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 pension being paid to the group V firefighter at the time of his or her death.
(d) Death of vested terminated group V firefighter prior to pension commencing. If a terminated group V firefighter entitled to a pension under the provisions of § 2.5-64 dies before the group V firefighter’s pension commences, the group V firefighter’s designated beneficiary, or if none, the group V firefighter’s estate shall receive an amount equal to the group V firefighter’s total contributions to the fund, plus regular interest. If the vested group V firefighter’s years of age and years of credited service total at least 65 as of the date of the group V firefighter’s termination, the group V firefighter’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group V firefighter would have been entitled as of the date of the group V firefighter’s death, in lieu of the payment of contributions plus regular interest. If the group V firefighter’s years of age and credited service did not total at least 65 as of the date of the group V firefighter’s termination, the group V firefighter’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group V firefighter would have been eligible to draw the benefit, or an immediate benefit at an actuarially reduced rate.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 21510-10-2014, § 2, passed 10-21-2014; Ord. 22977-10-2017, § 1, passed 10-24-2017)
This division applies to group VI firefighters as defined by § 2.5-1.
(Ord. 21459-09-2014, § 2, passed 9-16-2014)
(a) Earnings shall mean the amount actually paid to a group VI firefighter 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 VI firefighter’s W-2 form. Earnings shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits). Earnings will include built-in overtime as defined by § 2.5-1. All other overtime is excluded. Regardless of the fact that the following payments may be shown on a group VI firefighter’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, sick and/or major medical, 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,
(6) Any amount paid to a group VI firefighter for which the city does not contribute to the fund under § 2.5-3(b), and
(7) Overtime that is not built-in overtime.
(B) A group VI firefighter participating in a city- sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group VI firefighter during the calendar year added to earnings reported on the group VI firefighter’s W-2 form to arrive at total earnings for fund matters. Mandatory group VI firefighter contributions that are picked-up by the city and excluded from a group VI firefighter’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 VI firefighter’s effective DROP election.
(Ord. 21459-09-2014, § 2, passed 9-16-2014)
(a) Normal retirement date for group VI firefighters. A group VI firefighter, shall be eligible for pension benefits on or after the group VI firefighter's normal retirement date, which shall be the last day of the month on which the earliest of the following occurs:
(1) The group VI firefighter's years of age and all years of credited service total 80; or
(2) The date on which the group VI firefighter reaches age 65, but in no event shall such normal retirement date be prior to the fifth anniversary of the date the group VI firefighter joined the fund.
(b) Omitted per council direction.
(c) Vested terminated retirement date for group VI firefighters. A group VI firefighter, shall be eligible for pension benefits on or after the group VI firefighter' s vested terminated retirement date, which shall be the last day of the month on which the earliest of the following occurs:
(1) The group VI firefighter's years of age plus years of credited service total 80 as if the vested terminated firefighter had remained employed by the city; or
(2) The date on which the group VI firefighter reaches age 65, but in no event shall such vested terminated retirement date be prior to the fifth anniversary of the date the group VI firefighter joined the fund.
(d) Omitted per council direction.
(Ord. 21459-09-2014, § 2, passed 9-16-2014; Ord. 23516-12-2018, § 1, passed 12-11-2018)
(a) Pension, death, disability and vested termination benefits shall be based upon the group VI firefighter’s compensation base which shall mean the average annual earnings which were paid to the group VI firefighter by the city for employment with the city during any five years in which the group VI firefighter had the highest annual earnings. If a group VI firefighter has less than five calendar years of employment, the group VI firefighter’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 VI firefighter 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 VI firefighter from the city for services rendered.
(c) For purposes of computing the compensation base for a group VI firefighter who has made an effective DROP election, the group VI firefighter’s compensation base shall be calculated using the group VI firefighter’s earnings prior to the effective date of the DROP election.
(Ord. 21459-09-2014, § 2, passed 9-16-2014)
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