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CODIFIED ORDINANCES OF LINCOLN PARK, MICHIGAN
CERTIFICATION
DIRECTORY OF OFFICIALS (2022)
PRELIMINARY UNIT
CHARTER
PART TWO - ADMINISTRATION CODE
TITLE TWO - General Provisions
TITLE FOUR - Legislation
TITLE SIX - Administration
TITLE EIGHT - Boards and Commissions
TITLE TEN - Employment Provisions
TITLE TWELVE - Judiciary
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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296.12 EARLY RETIREMENT.
   (a)   Any member with twenty or more years of credited service may retire from City service upon his or her written application filed with the Retirement Board setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing thereof, he or she desires to be retired.
   (b)   Upon retirement as provided in this section, a member shall receive an annuity provided for in Section 296.13, but reduced by .6 percent for each of the first twenty-four complete months, .5 percent for each of the next thirty-six complete months and .4 percent for each complete month in excess of sixty months by which benefit commencement precedes the date the member would have been first eligible for voluntary retirement if he or she had not terminated City employment.
(Res. 82-169. Passed 2-22-82.)
296.13 SERVICE RETIREMENT ANNUITY.
   Upon retirement as provided herein, a member shall receive a straight life annuity equal to 2.5 percent of his or her average final compensation, multiplied by the number of years and fraction of a year of credited service, subject to a maximum of seventy percent of his or her average final compensation.
(Res. 82-169. Passed 2-22-82.)
296.14 DUTY DISABILITY RETIREMENT.
   Upon the application of a member or his or her department head, a member who has become or becomes totally and permanently incapacitated for duty in the service of the City, by reason of a personal injury or disease which the Retirement Board finds to have occurred solely and exclusively as the natural and proximate result of causes arising out of and in the course of his or her employment by the City, shall be retired by the Board after a medical examination of such member is made by or under the direction of a medical committee. Such committee shall consist of three physicians, one of whom shall be named by the Board, one by such member and the third by the first two physicians so named. Such committee, by majority opinion, in writing, shall certify to the Board that such member is mentally or physically totally incapacitated for the further performance of his or her duties in the service of the City, that his or her incapacity will probably be permanent and that he or she should be retired.
(1979 Code Sec. 2.80.160)
296.15 DUTY DISABILITY ANNUITY.
   (a)   A member who retires on or after attainment of his or her voluntary retirement age, on account of disability as provided in Section 296.14, shall receive an annuity according to Section 296.13.
   (b)   A member who retires before attainment of his or her voluntary retirement age, on account of disability as provided in Section 296.14, shall receive a disability annuity of fifty-five percent of his or her average final compensation. Such disability annuity shall begin as of the date of his or her disability, but in no case more than six months before the date his or her application for disability retirement is filed with the Retirement Board or before the date his or her name last appeared on a City payroll with pay, whichever is later. Such disability annuity shall continue to his or her attainment of voluntary retirement age or recovery prior thereto. Such disability annuity shall be subject to Sections 296.20 and 296.21 and shall not exceed sixty-five percent of the average final compensation.
   (c)   Upon attaining voluntary retirement age, such disability retirant shall receive annuity according to Section 296.13. In computing such annuity, to begin as of his or her attainment of voluntary retirement age, he or she shall be given service credit for the time he or she received a disability annuity provided for in subsection (b) hereof.
(1979 Code Sec. 2.80.170)
   (d)   During the time a disability retirant is receiving the disability annuity provided for in subsection (b) hereof, his or her contributions to the Annuity Savings Fund shall be suspended and his or her balance in such Fund shall remain therein and shall be accumulated at regular interest until his or her attainment of voluntary retirement age or death. Upon attaining voluntary retirement age, his or her accumulated contributions shall be transferred to the Annuity Reserve Fund. If the disability retirant dies before attaining voluntary retirement age, his or her accumulated contributions standing to his or her credit in the Annuity Savings Fund at the time of his or her death shall be paid according to Section 296.22, notwithstanding that he or she had been in receipt of a disability annuity.
(Res. 82-169. Passed 2-22-82.)
296.16 NONDUTY DISABILITY RETIREMENT.
   Upon the application of a member or his or her department head, a member who has ten or more years of credited service and has become or becomes totally and permanently incapacitated for duty in the service of the City as a result of causes otherwise than in the course of his or her actual performance of duty in the service of the City may be retired by the Retirement Board after a medical examination of such member is made by or under the direction of a medical committee. Such committee shall consist of three physicians, one of whom shall be named by the Board, one by the member and the third by the first two physicians so named. Such committee, by majority opinion, in writing, shall certify to the Board that the member is mentally or physically totally incapacitated for the further performance of his or her duty in the service of the City, that his or her incapacity will probably be permanent and that he or she should be retired.
(1979 Code Sec. 2.80.180)
296.17 NONDUTY DISABILITY ANNUITY.
   (a)   A member who retires on or after attainment of his or her voluntary retirement age, on account of disability as provided in Section 296.16, shall receive an annuity according to Section 296.13.
   (b)   A member who retires before attainment of his or her voluntary retirement age, on account of disability as provided in Section 296.16, shall receive a disability annuity according to Section 296.13. However, until the date he or she would have attained his or her voluntary retirement age had he or she continued in City service, his or her disability annuity shall be subject to Sections 296.20 and 296.21. Such member's disability annuity shall begin as of the date of his or her disability, but in no case more than six months before the date his or her application for disability retirement is filed with the Retirement Board or before the date his or her name last appeared on a City payroll with pay, whichever is later.
(1979 Code Sec. 2.80.190)
296.18 DUTY DEATH.
   (a)   If a member dies solely and exclusively as a result of a personal injury or disease arising out of and in the course of his or her employment by the City, or if a disability retirant, who retired under Section 296.14, dies within a period of three years following the effective date of his or her disability retirement or prior to his or her attainment of voluntary retirement age, whichever first occurs, as the result of the same injuries or disease for which he or she was retired, and if in either case such death or injury or disease resulting in death is found by the Retirement Board to have been the result of actual performance of duty in the service of the City, the applicable benefits provided for in subsections (b) through (e) hereof shall be paid, subject to subsection (f) hereof and Section 296.20.
   (b)   The accumulated contributions standing to the deceased person's credit in the Annuity Savings Fund shall be paid in accordance with Section 296.22.
(1979 Code Sec. 2.80.200)
   (c)   The spouse of the deceased person shall receive an annuity of one-third of the average final compensation, to continue during his or her life. If, in addition to a spouse, the deceased person leaves a child under eighteen years of age, such child shall receive an annuity of an equal share of one-fourth of the average final compensation. Upon a child's attainment of eighteen years of age, adoption, marriage or death prior thereto, his or her annuity shall terminate and the Board shall redistribute such one-fourth shares among the deceased person's remaining eligible children under eighteen years of age.
   (d)   If there is no spouse, or if the spouse dies before the youngest surviving child of the deceased person has attained eighteen years of age, then his or her child under eighteen years of age shall receive an annuity of one-fourth of the average final compensation. However, if there are more than two such surviving children under eighteen years, each such child shall receive an annuity of an equal share of one-half of the average final compensation. Upon a child's attainment of eighteen years of age, adoption, marriage or death prior thereto, his or her annuity shall terminate and the Board shall redistribute such one-half shares among the deceased person's remaining eligible children under eighteen years. In no case shall any child receive an annuity of more than one-fourth of the average final compensation.
(Res. 82-169. Passed 2-22-82.)
   (e)   If there is neither a spouse nor a child eligible to receive annuities surviving such deceased person, there shall be paid to his or her dependent father and dependent mother, as the Board, after investigation, finds to have been actually dependent upon such deceased person through absence of earning power, due to mental or physical disability, an annuity of one-sixth of the average final compensation.
   (f)   As used in this section, the term "spouse" means the person to whom such deceased person was married at the time of his or her last employment with the City. In no case shall benefits be paid under this section on account of the death of a member if benefits are paid under Section 296.19 on account of his or her death.
(1979 Code Sec. 2.80.200)
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