Sec. 4.2002. Definitions.

(a) Appointed Members. Each person who shall be appointed as a Department Member on or after January 1, 2002 shall become a Tier 5 Plan Member upon graduation by such person from training at the Police or Fire Academies or equivalent facility imparting basic training as a firefighter or police officer and maintained as such by the City of Los Angeles. A Chief of Police or a Fire Chief who is appointed to that position without having graduated from such facility may become a Member upon appointment. Upon becoming a Tier 5 Plan Member, a person may elect to purchase Years of Service credit for the period of such training in accordance with rules adopted by the Board.

(b) Former Tier 2, 3 & 4 Members. A person formerly a Plan Member under the provisions of Tiers 2, 3, or 4 of the Fire and Police Pension System whose member- ship had previously terminated by reason of resignation or discharge shall upon again being appointed as a Department Member become a Tier 5 Plan Member as of the effective date of such appointment.

(c) Certain Former Tier 2, 3 and 4 Members. Any Plan Member as of January 1, 2002 in Tiers 2, 3, or 4 hired prior to January 1, 2002, who makes an irrevocable election in writing during the election period provided in subsection (c)(1) shall become a Tier 5 Plan Member.

(1) Election Period. The election period shall commence January 2, 2002 and shall remain in effect until the close of business on December 31, 2002.

(2) Members on Military Leave. Persons who are not active members during the election period provided in subsection (c)(1) due to service in the armed forces shall have 90 days following their return from active duty or the expiration date of the election period, whichever is later, to make an election to become a Tier 5 Plan Member.

(3) Release of Liability. The Board shall have the authority to establish rules requiring a full and complete release from liability upon the Plan Member’s election to transfer from Tiers 2, 3 or 4 to Tier 5.

(4) Purchase of Certain Years of Service Credit. If a Plan Member of Tier 2 elected to become a Tier 5 Plan Member pursuant to the provisions of this subsection and was formerly a member of the Los Angeles City Employees’ Retirement System (LACERS) during a period of time that the Plan Member was a paramedic or civilian ambulance employee, such Tier 5 Plan Member shall be entitled to purchase Years of Service credit for all or part of that period of time by depositing with the Fire and Police Pension Plan -Tier 5, in accordance with Board rules, the amount of contributions refunded to the Plan Member for such periods of service plus the amount of interest that would have been credited had those contributions been in the member’s account with the Plan. If such Tier 5 Plan Member does not want to purchase all eligible service, the purchase price shall be prorated based on the percentage of eligible service to be purchased. The purchase shall be completed prior to retiring or entering DROP. The provisions of this paragraph shall become operative on January 20, 2005, and shall not apply to Tier 5 Plan Members who retired or entered DROP prior to that date.

(5) Late Elections. The Board shall not accept late election forms after the close of the Election Period described in Subsection (c)(1). The provisions of this paragraph shall not apply to any member who transferred into Tier 5 prior to January 1, 2017.

(d) Paramedics. In addition to those Department Members described in subsection (a) of this section, persons employed as paramedic trainees shall become Tier 5 Plan Members only upon their certification, as provided by law, as mobile intensive care paramedics or equivalent. Upon becoming a Tier 5 Plan Member, such person may elect to purchase Years of Service credit for the period of such training in accordance with rules to be adopted by the Board. If such a Plan Member had periods of membership in the Los Angeles City Employees’ Retirement System while the Plan Member was a paramedic or civilian ambulance employee, such Plan Member shall be entitled to elect to acquire Years of Service credit for such periods of membership in the Los Angeles City Employees’ Retirement System. Upon such election the Plan Member’s contributions plus interest credited thereon, and the Plan Member’s City service credit shall be transferred to the Fire and Police Pension Plan – Tier 5 in accordance with rules to be adopted by the Board.

(e) Purchase of Credit by Surviving Spouse. A surviving spouse or domestic partner of a Tier 5 Plan Member may complete the purchase of Years of Service credit elected by the Plan Member.

(f) Prohibition of Double Benefits. No Tier 5 Plan Member may receive double benefits by receiving credit for Years of Service for the same periods of City service from the Los Angles City Employees’ Retirement System (LACERS) and under the provisions of this Tier 5. Further, no Tier 5 Plan Member may transfer credit received from the LACERS while employed in a capacity other than paramedic or civilian ambulance employee, except as otherwise provided in Subsection (i)(2)(D) herein below.

(g) Transfer of Released Liability. Upon the election by a Tier 5 Plan Member to acquire Years of Service credit, the released liability of the Los Angeles City Employees’ Retirement System shall be transferred to the Fire and Police Pension Plan – Tier 5. For the purposes of this subsection, the phrase Released Liability means the City’s share of the actuarially determined present value of benefits under the Los Angeles City Employees’ Retirement System as of the date of transfer.

(h) Department members as of January 1, 2002, who become Plan Members after January 1, 2002. Each person who was appointed as a Department Member prior to January 1, 2002, but who graduates from training at the Police or Fire Academy or equivalent facility imparting basic training as a police officer or firefighter and maintained as such by the City of Los Angeles after January 1, 2002 may, upon their graduation from the respective academy, make an irrevocable election in writing during the election period provided in subsection (c)(1) to become a Tier 5 Plan Member. Those Department Members appointed prior to January 1, 2002, but who graduate from the respective academy after the end of the election period shall have 90 days following their graduation or the expiration date of the election period, whichever is later, to make an irrevocable election to become a Tier 5 Plan Member.

(i) Harbor Department Members. In addition to those Department Members described in Subsection (a) of this section, the following persons qualify for membership in Tier 5 as provided below:

(1) Persons Appointed On or After January 8, 2006. Each person appointed on or after January 8, 2006, to any of the positions in the Harbor Department set forth in Section 4.2002(r) of this Chapter shall become a Tier 5 Plan Member upon graduation by the person from academy training required by the Harbor Department. Upon becoming a Tier 5 Plan Member, a person may elect to purchase Years of Service credit for the academy training period in accordance with rules to be adopted by the Board, provided that only academy training time during which the person was a member of the Pension Savings Plan for Part-time, Seasonal and Temporary Employees is eligible for purchase. A Port Warden appointed on or after January 8, 2006, if not already a Tier 5 Plan member, may irrevocably elect in writing at the time of appointment not to become a member of Tier 5.

(2) Persons Appointed Prior to January 8, 2006. A person appointed prior to January 8, 2006 and who is employed on that date in any of the positions in the Harbor Department set forth in Section 4.2002(r) of this Chapter, including any person in academy training, may make an irrevocable election in writing to become a Tier 5 Plan Member on the terms and conditions set forth below, provided that no person shall become a Tier 5 Plan Member until the person has completed the academy training required by the Harbor Department. A person who does not file an election within the period specified below shall continue as a LACERS member and shall remain a LACERS member if subsequently appointed without a break in Harbor Department service to a Harbor Department sworn position that would otherwise require the person to become a Tier 5 Plan Member.

(A) Election Period. The election period shall commence January 8, 2006, and shall remain in effect until 4:45 p.m. on January 5, 2007. A written election to transfer to Tier 5 must be received in the office of the Department of Fire and Police Pensions prior to the expiration of the election period, except that a person who has not graduated from the academy by October 5, 2006, shall have 90 days following graduation to make an irrevocable election to become a Tier 5 Plan Member.

(B) Contributions. Each person who transfers from LACERS into Tier 5 shall pay contributions as provided in Section 4.2014(a) of this Chapter retroactive to January 8, 2006. To the extent that the transferring member has already paid contributions to LACERS for these pay periods, those sums shall be credited to meet the member’s obligation required here.

(C) Mandatory Transfer Contribution Payment. Each person who transfers from LACERS to Tier 5 shall pay $5,700 for transferring service credit as provided in Subparagraph (D) below. These contributions shall be credited to the member’s contribution account established pursuant to Section 4.2014(b) upon payment. The Board shall have the authority to establish rules regarding the manner and time within which these contributions shall be paid, including the right to charge interest. Notwithstanding any provision of Tier 5 or DROP to the contrary, a member shall not be eligible to retire from Tier 5 or to enter DROP until this contribution payment is paid in full, including interest, nor shall benefits be paid to any survivor of the member pursuant to Section 4.2008 of this Chapter until these contributions and interest have been paid in full.

(D) Transfer of Service Credit. Each person who transfers from LACERS into Tier 5 shall have any required academy training time with the Harbor Department and all sworn service with the Harbor Department in port police civil service classifications requiring peace officer status under Penal Code Section 830.1 transferred to Tier 5 from LACERS. Only actual service with the Harbor Department in these classifications shall be transferred; prior service with other City Departments transferred for purposes of Charter Section 1014 to the Harbor Department shall not be transferred. All funds on deposit in LACERS attributable to service transferred to Tier 5 on behalf of these employees shall be transferred to the Plan. The amount of funds due to the Plan from LACERS shall be mutually agreed upon between the Plan and LACERS and is to include, but not necessarily be limited to, employee contributions, City contributions, and earnings to cover all funded accrued liability for the period of the transferred service. After transferring to Tier 5, a Tier 5 Plan Member may not purchase Years of Service credit for any periods of employment while a LACERS member.

(E) Prohibition of LACERS Retirement During Employment. Each person transferring to Tier 5 who retains service credit with LACERS for periods of service that do not qualify for transfer to Tier 5, shall agree as a condition to the transfer that the person shall not retire from LACERS while the person remains employed as a Department Member, including any period in DROP, due to the prohibition set forth in Charter Section 1164.

(F) Disability Retirement and Survivor Benefits. For purposes of Sections 4.2006 and 4.2008 of this Chapter and Charter Section 1212, a Tier 5 Plan Member who transfers under Subdivision (2) shall be considered a Department Member as defined in Charter Section 1202(e) during all employment periods for which the member receives Years of Service credit pursuant to Paragraph (D), notwithstanding that the person was not an actual Tier 5 Plan Member at the time of employment. The intent of this provision is that the person shall be considered a Department Member at the time of employment for purposes of these sections, so that the amount of any disability or survivor pension granted pursuant to the provisions of Tier 5 shall be reduced as provided in Charter Section 1212.

(3) Actuarial Funding of the Plan. As authorized by Charter Section 1232(b)(6), inclusion of Harbor Department Members in Tier 5 of the Plan pursuant to Subsection (i) herein shall not trigger the elimination of the 1% payment by the City of Tier 5 employee contributions as provided in Charter Section 1222 and Section 4.2014 of this Chapter. The determination of 100% funded status required by Charter Section 1222 and Section 4.2014 of this Chapter shall be made without regard to any impact resulting from including these employees in Tier 5 of the Plan. The Harbor Department shall reimburse the City so that the City does not incur any costs to the Plan for these employees.

(4) Harbor Department Responsibility for Payment. The Harbor Department shall pay the Plan for all costs and expenses incurred by the Plan as a result of including Harbor Department Members as members of Tier 5, including any unfunded liability incurred by the Plan. The Harbor Department shall also pay LACERS for all costs and expenses incurred by LACERS in connection with transfers between LACERS and Tier 5 related to the inclusion of these members in Tier 5.

(j) Notwithstanding any other provision of this chapter, any person appointed as Fire Chief or Chief of Police, who is not currently a Department Member, shall have the right to opt out of Plan membership in Tier 5 in order to become a member of the Los Angeles City Employees’ Retirement System. To exercise this right, the Chief must file a written opt out election with the Department of Fire and Police Pensions within seven calendar days of appointment. Once filed, the Chief shall be considered a member of the Los Angeles City Employees’ Retirement System effective as of the date of appointment.

SECTION HISTORY

Chapter and Section Added by Ord. No. 174,367, Eff. 12-19-01.

Amended by: Subsec. (c)(4) added, Ord. No. 176,416, Eff. 1-25-05; Subsec. (f) amended and Subsec. (i) added, Ord. No. 177,214, Eff. 1-4-06; Subsec. (j) added, Ord. No. 179,987, Eff. 7-3-08; Subsec. (c)(5) added, Ord. No. 184,853, Eff. 4-6-17.

Sec. 4.2002. Definitions.

In addition to the words and phrases defined in the Fire and Police Pension Plans General Provisions in Article XI, Part 3, of the Los Angeles City Charter and for the purposes of this Tier 5, the following words or phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated in the context.

(a) Member of the Fire Department. Member of the Fire Department means the Fire Chief and a person duly and regularly appointed in the Fire Department, under civil service rules and regulations or provisions of the Charter, or both, governing the making of original regular and permanent appointments which require the serving of probationary periods but not of original emergency or temporary appointments, to perform duties as a firefighter or as a paramedic for the City, under whatever designation such person may be described in any salary or departmental ordinance providing salaries for the members of the department, but such person shall be a member of the department only until the person’s status as such shall be terminated by reason of retirement, resignation, discharge or for any other reason.

(b) Member of the Police Department. Member of the Police Department means the Chief of Police and a person duly and regularly appointed in the Police Department, under civil service rules and regulations or provisions of the Charter, or both, governing the making of original regular and permanent appointments which require the serving of probationary periods but not of original emergency or temporary appointments therein, and sworn in, as provided by law, to perform duties as a police officer for the City, under whatever designation such person may be described in any salary or departmental ordinance providing salaries for the members of the department, but such person shall be a member of the department only until the person’s status as such shall be terminated by reason of retirement, resignation or discharge or for any other reason.

(c) Tier 5 Plan Member. Tier 5 Plan Member means a person who is a Department Member and whose pension rights and benefits are governed by this Tier 5. Status as a Tier 5 Plan Member is limited by the provisions of Section 4.2000.

(d) Qualified Surviving Spouse/Qualified Surviving Domestic Partner.

(1) Qualified Surviving Spouse means a person who is the widow or widower of a deceased Tier 5 Plan Member or Retired Tier 5 Plan Member and who has been married:

(a) to the Tier 5 Plan Member for at least one year prior to the date of the Plan Member’s nonservice-connected death while a Plan Member, or

(b) to the Tier 5 Plan Member as of the date of the Plan Member’s service- connected death while a Plan Member, or

(c) to the Retired Tier 5 Plan Member for at least one year prior to the effective date of the Plan Member’s retirement upon a service pension or upon a nonservice-connected disability pension pursuant, respectively, to Section 4.2004 or Section 4.2006(b), or

(d) to the Retired Tier 5 Plan Member as of the effective date of the Plan Member’s retirement upon a service- connected disability pension pursuant to Section 4.2006(a).

(2) Qualified Surviving Domestic Partner means a person who meets the requirements of Los Angeles Administrative Code Section 4.2004 and who fulfills the following requirements before the member’s death:

A declaration of Domestic Partnership, signed by both partners, must be on file with the Board of Fire and Police Pension Commissioners:

(a) for at least one year prior to the date of the Tier 5 Plan Member’s nonservice-connected death while a Plan Member, or

(b) on the date of the Tier 5 Plan Member’s service-connected death while a Plan Member, or

(c) for at least one year prior to the effective date of the Tier 5 Plan Member’s retirement upon a service pension or upon a nonservice- connected disability pension pursuant, respectively, to Section 4.2004 or Section 4.2006(b), or

(d) on the effective date of the Retired Tier 5 Plan Member’s retirement upon a service-connected disability pension pursuant to Section 4.2006(a).

(3) In addition, the survivor must be either the domestic partner or spouse of the member on the date of the member’s death.

(4) For members who transfer to Tier 5 from LACERS pursuant to the provisions of Section 4.2000(i)(2) and who filed an affidavit or declaration of domestic partnership with LACERS prior to January 8, 2006, who subsequently file a Declaration of Domestic Partnership with the Board of Fire and Police Pension Commissioners, the filing date of the Declaration filed with the Board for purposes of this subsection and of Sections 4.2204 and 4.2206 shall be the date that the affidavit or declaration was filed with LACERS.

(e) Minor Child. Minor Child means a person who is a child or an adopted child of a deceased Tier 5 Plan Member or a Retired Tier 5 Plan Member, but such person shall be a Minor Child only until such person shall attain the age of 18 years or shall marry, whichever shall be earlier. A person may further qualify for the benefits provided for a Minor Child under the provisions of this Tier until the person reaches the age of 22 years if such person is enrolled in school on a full-time basis as determined by the Board but such person’s marriage terminates entitlement to the benefits of a Minor Child.

(f) Dependent Child. Dependent Child means a person who is a child of a deceased Tier 5 Plan Member or a deceased Retired Tier 5 Plan Member, who is not married and who, while under the age of 21 years, had become disabled, either prior to or after the date of death of such Tier 5 Plan Member or Retired Tier 5 Plan Member, from earning a livelihood for any cause or reason whatsoever, but such person shall be a Dependent Child only until the person shall cease to be disabled from earning a livelihood. Should disability cease before the age of 22 years, the limitations set forth in subsection (e) shall be applicable.

(g) Dependent Parent. Dependent Parent means a person who is a parent of a deceased Tier 5 Plan Member or a deceased Retired Tier 5 Plan Member to or for whom such deceased Tier 5 Plan Member or deceased Retired Tier 5 Plan Member, during at least one year immediately preceding the Member’s death, contributed one-half or more of such Dependent Parent’s necessary living expenses and who is unable to pay such expenses without the receipt of a pension, but such person shall be a Dependent Parent only until the person shall be able to pay the person’s necessary living expenses.

(h) Length of Service Pay. Length of Service Pay means any additional gross monthly pay which, by reason of length of service, shall be provided by ordinance or by Memorandum of Understanding.

(i) Special Pay. Special Pay means any additional gross monthly pay which, by reason of assignment to perform special duties other than hazardous duties, shall be provided by ordinance or Memorandum of Understanding.

(j) Hazard Pay. Hazard Pay means any additional gross monthly pay which, by reason of assignment to perform helicopter duties, two-wheel motorcycle duties or any other hazardous duties, shall be provided by ordinance or Memorandum of Understanding.

(k) Assignment Pay. Assignment Pay means any additional gross monthly pay which, by reason of assignment to perform special duties or hazardous duties, in a higher class, position, grade, code or other title than the lowest within the Plan Member’s permanent rank, shall be provided by ordinance or Memorandum of Understanding.

(l) Year. Year means a period of 12 months or, in aggregating partial years for purposes of determining Years of Service, means 365 days.

(m) Years of Service. Years of Service means and includes only those periods during or for which the Plan Member was a Department Member of the Fire Department, a Department Member of the Police Department, or a Department Member of the Harbor Department, and whether prior to or after the Plan Member’s becoming a Plan Member and subject to the limitations contained in Section 4.2000 of this Tier 5:

(1) did or shall receive salary, whether in full or reduced amounts thereof;

(2) did or shall receive either a service- connected disability pension or a nonservice- connected disability pension under any Tier of the Fire and Police Pension Plan if the Plan Member was or shall be restored to active duty as a Department Member, and did or shall perform the Plan Member’s duties as such for at least one year prior to again retiring or being retired pursuant to this Tier 5, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by the Plan Member prior to such restoration. The restored Plan Member, upon completing one Year of Service following restoration, shall be eligible for such credit only to the extent that the length of service following restoration matches the period the disability pension was received; but upon completing three years of restored service, the restored Plan Member is eligible for credit for the entire period the disability pension was received; and provided further that a period during which a Plan Member was on a nonservice-connected disability pension may only be counted toward the Plan Member’s Years of Service if the Plan Member makes contributions therefor at the rate provided in Section 4.2014 of this Tier 5 in accordance with the rules to be adopted by the Board;

(3) is or shall become entitled, under any provision of general law or ordinance of the City, to credit toward retirement for periods of military service or military leave;

(4) did or shall receive Workers’ Compensation benefits for temporary disability as provided by general law on account of any injury or illness arising out of and in the course of employment, but such period shall be made a part of the Plan Member’s Years of Service only if the Plan Member has made contributions to the Fire and Police Pension Plan in the manner prescribed by Board rule;

(5) is or shall become entitled to compensation for injury on duty pursuant to any ordinance of the City or any applicable Memorandum of Understanding;

(6) had served as a member of the Fire and Police Pension System - Tiers 2, 3, or 4, without having become eligible to service retirement benefits; and

(7) acquired Years of Service credit for periods of membership in LACERS while the Plan Member was a paramedic or civilian ambulance employee. If a Tier 5 Plan Member should die before having made such election, the Plan Member’s surviving spouse or domestic partner may make the election in the place of the Plan Member prior to the start of benefit payments under the Plan.

A Tier 5 Plan Member who has previously been a Plan Member of any Tier and who has ceased to be such by virtue of the Plan Member’s resignation or discharge and who again becomes a Tier 5 Plan Member, shall be entitled to service credit only if the Plan Member has first redeposited with interest, any Plan Member contributions previously withdrawn by the Plan Member, in the manner provided by the Board.

(n) Partial Year of Service. Partial Year of Service means any period mentioned in subsection (m) of this section which is less than 12 months.

Any such Partial Year of Service shall be calculated from the end of the Plan Member’s last completed Year of Service to the end of the payroll period immediately prior to the date of the Plan Member’s retirement and shall be counted as part of a Plan Member’s Years of Service for the Plan Member’s retirement upon a service pension hereafter granted or for a pension hereafter granted to the Plan Member’s Qualified Surviving Spouse/Qualified Surviving Domestic Partner, Minor Child or children, Dependent Child or children or Dependent Parent or Parents if the Plan Member hereafter shall die while upon a service pension hereafter granted or while eligible for a service pension.

(o) Final Average Salary. Final Average Salary means an amount equivalent to a monthly average of salary actually received during any 12 consecutive months of service as a Plan Member as designated by the Tier 5 Plan Member. In the absence of such designation, the last 12 consecutive months preceding the date upon which retirement would become effective shall be used as the basis for the calculation of Final Average Salary.

For the purposes of determining Final Average Salary for periods during which the Tier 5 Plan Member receives less than full salary on account of injury or illness, pursuant to any applicable ordinance of the City, the Final Average Salary shall be based upon the salary, including any Length of Service Pay, Special Pay, Assignment Pay or Hazard Pay, the Tier 5 Plan Member would have received but for the injury or illness.

Included in the calculation of Final Average Salary shall be Length of Service Pay, Special Pay, Assignment Pay and Hazard Pay actually received during the 12 consecutive months used to determine Final Average Salary.

For those Tier 5 Plan Members who retire from the Fire Department while holding a rank no higher than Captain or from the Police Department holding a rank no higher than Lieutenant: If Hazard Pay was not received during all or any part of the 12 consecutive months used to determine Final Average Salary, then an amount equivalent to 10% of the Hazard Pay received at the time of the termination of the last assignment to hazardous duties for each year in the aggregate of the assignment to hazardous duties shall be added to the Final Average Salary, not to exceed 10 years in the aggregate. The total amount of Hazard Pay included in Final Average Salary may not exceed 100% of the amount the Plan Member would have received had the Tier 5 Plan Member been entitled to Hazard Pay during the entire 12 month period utilized in the calculation of Final Average Salary.

Overtime compensation or payments of money to the member not designated as salary by an ordinance of the City shall not be considered for purposes of calculating Final Average Salary.

Notwithstanding any of the foregoing, if a Retired Tier 5 Plan Member were to be restored to active duty as a Department Member and thereby again were to become a Tier 5 Plan Member and if such Plan Member again were to retire or to be retired without having performed the Plan Member’s duties for at least one year subsequent to such restoration, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by the Plan Member prior to such restoration, the Final Average Salary which shall be applicable to the Plan Member’s later retirement shall be the Final Average Salary which had been applicable to the Plan Member’s previous retirement.

Should a Plan Member not have completed 12 consecutive months of service as a Plan Member, then and in that event only shall the Final Average Salary be calculated as a monthly average of all consecutive calendar months completed, and, if the Plan Member has completed less than one month of total service as a Plan Member, the salary actually received shall be used to calculate its monthly equivalent.

(p) Normal Pension Base. Normal Pension Base, as used for the survivorship pension benefits for former Tier 2 members, means the sum of:

(1) the member’s monthly salary as defined in Tier 2;

(2) any length of service pay which the member had received immediately preceding the date of the member’s retirement or death or upon the last day the member had performed duties as a Department Member;

(3) any special pay which the member had received immediately preceding the date of the member’s retirement or death or upon the last day the member had performed duties as a Department Member; and

(4) any hazard pay which the member had received immediately preceding the date of the member’s retirement or death or upon the last day the member had performed duties as a Department Member or, if the member had not received the same at either such time but had received such pay at some time prior thereto, 10% of the hazard pay which the member had received at the time of the termination of the member’s last assignment to hazardous duties for each year in the aggregate of the member’s assignment to any hazardous duties not exceeding, however, ten years in the aggregate.

(5) for only those Plan Members who completed at least 12 months service in a Deputy Chief position, which was exempt from civil service, and who did not retire in the position of Deputy Chief or Chief of Police, an additional supplement of a percentage of the difference in the amount of compensation between the Deputy Chief position and the Plan Member’s compensation at the time of retirement. This percentage shall be prescribed by ordinance and shall apply for each year of service in the position of Deputy Chief, not to exceed the number of years as prescribed by ordinance.

Notwithstanding any of the foregoing, if a Retired Member were to be restored to active duty as a Department Member and thereby again were to become a Plan Member and if the Plan Member again were to retire or be retired without having performed the Plan Member’s duties for at least 1 year subsequent to such restoration, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by the Plan Member prior to such restoration, the Normal Pension Base which shall be applicable to the Plan Member’s later retirement shall be the Normal Pension Base which had been applicable to the Plan Member’s previous retirement.

(q) Non-service Connected Pension Base. Non-service Connected Pension Base, as used for the survivorship benefits for former Tier 2 members, means the sum of:

(1) the highest monthly salary provided, as of the date of the Plan Member’s retirement or death, whichever shall first occur, for a Department Member then holding the basic rank of firefighter or police officer; and

(2) the highest length of service pay provided, as of the date of the Plan Member’s retirement or death, whichever shall first occur, for a Department Member then holding either of the basic ranks.

(r) Member of the Harbor Department. Member of the Harbor Department means a person appointed to one of the following classifications in the Harbor Department, which require the person so employed to complete the academy training required by the Harbor Department and to become sworn, as provided by Penal Code Section 830.1: Special Officer (Class Code 3183-H), Senior Special Officer (Class Code 3185-H), Principal Special Officer (Class Code 3198-H), Chief Special Officer (Class Code 3188-H), Port Police Officer (Class Code 3221), Port Police Sergeant (Class Code 3222), Port Police Lieutenant (Class Code 3223), Port Police Captain (Class Code 3224), and Port Warden (Class Code 0801). Provided that this person shall be a member of the department only until the person’s status as such shall be terminated by reason of the person’s retirement, resignation or discharge or for any reason.

SECTION HISTORY

Added by Ord. No. 174,367, Eff. 12-19-01.

Amended by: Subsecs. (m)(5) and (m)(6) amended, Subsec. (m)(7) added, second undesignated para. of Subsec. (o) deleted, Ord. No. 176,416, Eff. 1-25-05; Subsecs. (h), (i), (j), (k), First Para. of (m), and (m)(5) amended, Subsecs. (d)(4) and (r) added, Ord. No. 177,214, Eff. 1-4-06; Subsecs. (d)(2) and (d)(4), Ord. No. 179,538. Eff. 3-2-08.

Sec. 4.2004. Service Retirement and Vesting.

(a) Normal Retirement. Any Tier 5 Plan Member with 20 Years of Service and a minimum age of 50 years, shall be retired by order of the Board from further active duty as a Department Member either upon the filing of the Plan Member’s written application or upon the filing of a written request by or on behalf of the head of the department in which the Plan Member is a Department Member, if it shall be determined by the Board to be for the good of such department, other than for a cause or reason which would entitle such Tier 5 Plan Member to a disability pension pursuant to Section 4.2006, and the Board, if it shall so determine, shall state the cause or reason in its order retiring such Plan Member.

(b) Service Pension Benefits for Terminated Employees (Deferred Retirement). Notwithstanding any other provisions of this Tier 5, a former Tier 5 Plan Member who became such because of termination of the Former Member’s employment for any reason other than death or retirement on account of disability pursuant to the provisions of Section 4.2006, and who has completed at least 20 Years of Service, may elect to leave the former Member’s contributions in the Fire and Police Service Pension Fund. Upon reaching the age of 50 years, such former Tier 5 Plan Member shall be entitled to receive service retirement benefits identical to those available under Tier 3, in accordance with the formula set forth in Section 1504(d) of the City Charter. The election to leave member contributions in the fund shall be irrevocable and must be in writing, filed with the Board within three years from the date of such termination of employment. Upon the execution and filing of the same, the former Tier 5 Plan Member’s individual account shall be credited with an amount equal to all of the regular interest which, had the former Member otherwise been entitled to the same, would have been credited thereto between the date of such termination of employment and the date of the filing of such election and thereafter, regular interest shall, until the former Member be paid a pension, be credited thereto in the same manner as Tier 5 Plan Members’ individual accounts shall be credited. In the event that any such person should die before being paid a pension, the only benefit which shall be paid under the provisions of this Tier 5 is the payment of the former Member’s accumulated contributions, including interest credited thereto, to such persons as may be entitled thereto. Failure to file such an election within three years shall constitute an irrevocable decision not to take the service retirement benefits herein provided.

(d) Pension Amount. The minimum service pension payable pursuant to the provisions of this section shall be paid monthly for life in an amount which shall be equal to 50% of Final Average Salary at age 50 with 20 years of service. For each additional Year of Service after 20 years, an amount of 3% of Final Average Salary shall be provided per such year of service, with the exception of the 30th year, in which 4% shall be provided. The maximum percentage of Final Average Salary payable, regardless of length of service, shall be 90% of Final Average Salary.

SECTION HISTORY

Added by Ord. No. 174,367, Eff. 12-19-01.

Sec. 4.2006. Disability Pensions.

(a) Service-Connected Disability. Upon the filing of the Member’s written application for a disability pension or upon the filing of a written request therefor by or on behalf of the head of the department in which the Member is a Department Member, any Tier 5 Plan Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries received or sickness caused by the discharge of the duties of such person as a Department Member, and who is incapable as a result thereof from performing the Member’s assigned duties, or those to which the Member would be assigned within the Member’s civil service classification if returned to duty, shall be retired by order of the Board from further active duty as a Department Member.

A Tier 5 Plan Member’s incapacity is caused by the discharge of the Member’s duties if there is clear and convincing evidence that the discharge of the Plan Member’s duties is the predominant cause of the incapacity.

A Tier 5 Plan Member retired under the provisions of this subsection shall be paid thereafter a monthly service- connected disability pension in an amount which shall be equal to the same percentage of the Plan Member’s Final Average Salary as the Board shall determine, from time to time, to be the percentage of the Member’s disability. Such pension shall be in an amount of not less than 30% and not more than 90% of the Retired Tier 5 Plan Member’s Final Average Salary, but in no case shall the pension be less than the equivalent of 2% of Final Average Salary for each Year of Service of the Retired Tier 5 Plan Member.

No Retired Tier 5 Plan Member, while retired pursuant to this subsection, ever shall be paid any pension pursuant to Section 4.2004 or subsection (b) of this section.

(b) Nonservice-Connected Disability. Upon the filing of the Member’s written application for disability pension by a Tier 5 Plan Member who shall have five Years of Service or more, or upon the filing of a written request with respect to such a Plan Member by or on behalf of the head of the department in which the Member is a Department Member, any Tier 5 Plan Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries or sickness other than injuries received or sickness caused by the discharge of the duties of such person as a Department Member, and who is incapable as a result thereof from performing the Member’s assigned duties or those to which the Member would be assigned within the Member’s civil service classification if returned to duty, shall be retired by order of the Board from further active duty as a Department Member. As a further condition of entitlement to such a pension, the Board shall also determine that such disability was not principally due to or caused by voluntary action of the Plan Member intended to entitle the Member to a nonservice-connected disability pension.

A Retired Tier 5 Plan Member, retired under the provisions of this subsection shall be paid thereafter a monthly nonservice-connected disability pension in an amount which shall be equal to the same percentage of the Retired Member’s Final Average Salary as the Board shall determine, from time to time, to be the percentage of the Retired Member’s disability; but such pension shall be in an amount of not less than 30% and not more than 50% of the Retired Tier 5 Plan Member’s Final Average Salary.

No Retired Tier 5 Plan Member, while retired pursuant to this subsection, ever shall be paid any pension pursuant either to Section 4.2004 or to subsection (a) of this section.

(c) Determination of Disability. Upon the filing of any written application or request for a disability pension, as referred to in subsections (a) and (b) of this section, the Board:

(1) shall cause the Tier 5 Plan Member to be examined by and a written report thereon rendered by at least three regular licensed and practicing physicians selected by it;

(2) shall hold a hearing with respect to such application or request;

(3) shall receive or hear such other evidence relating to or concerning the Tier 5 Plan Member’s disability or claimed disability as may be presented to it.

The Board shall have the power to hear and determine all matters pertaining to the granting and denying of any such application or request for a disability pension. The Board first shall determine whether or not the Tier 5 Plan Member is incapable of performing the Member’s assigned duties or those to which the Member would be assigned within the Plan Member’s civil service classification if returned to duty. If the Board were to determine that the Member is not so incapable, it then shall be the duty of the Board to deny the application or request. If the Board were to determine that the Member is so incapable, it then shall determine, pursuant to the language used in subsections (a) and (b) of this section, whether the Member’s incapacity or disability is service-connected or nonservice-connected. The Board then shall determine the percentage of the Member’s incapacity or disability, within the limitations prescribed in subsections (a) and (b) of this section, and shall grant the application or request accordingly. If the Board were to determine that the disability is nonservice-connected, and that the incapacity or disability was principally due to or caused by voluntary action by the Tier 5 Plan Member intended to entitle the Member to a nonservice-connected disability pension, it then shall be the duty of the Board to deny the application or request. The Board upon its own motion or upon the written request of any Retired Tier 5 Plan Member, retired pursuant to subsections (a) or (b) of this section, shall have the power to consider new evidence pertaining to the case of any such Retired Tier 5 Plan Member and to increase or decrease the percentage of the Member’s incapacity or disability within the limitations prescribed in subsections (a) or (b) of this section; but any such increase or decrease shall be based only upon injuries or sickness for which the Member was retired. In the case of any former Tier 5 Plan Member who became such by reason of the Member’s resignation or discharge as a Department Member, the Board, in order to grant any application filed by the Member for a disability pension, must also determine, in addition to all of the foregoing, that any existing incapacity or disability upon the Member’s part occurred prior to the termination of the Member’s active status as a Department Member and had been continuous up to the date of the Board’s determinations.

The Board shall use the disability rating schedule adopted for Tier 3 to assist in standardizing disability pension awards.

(d) Termination of Disability Pensions. The pension of any Retired Tier 5 Plan Member, retired pursuant to subsections (a) or (b) of this section and whose active status as a Department Member had been terminated by reason of the Retired Member’s retirement, shall cease when the incapacity or disability for which the Retired Member had been retired shall cease and the Retired Member either:

(1) shall have been restored to active duty as a Department Member in the same permanent rank which the Retired Member had held as of the date of retirement; or

(2) shall have been ordered restored to active duty as a Department Member in such same permanent rank and shall have declined, refused or neglected to report therefor or to perform duties as such.

Any former Tier 5 Plan Member who has been retired for more than five years from the date of the Board’s action by which the Retired Member was retired may never be restored to active duty as a Department Member. The pension of any Retired Tier 5 Plan Member, retired pursuant to subsections (a) or (b) of this section and whose active status as a Department Member had been terminated by reason of the Retired Member’s resignation or discharge as such, shall cease when the incapacity or disability for which the Retired Member received a disability pension shall cease. The Board shall have the power to hear and determine upon its own motion all matters pertaining to the termination of any such pension.

After a Retired Tier 5 Plan Member, whose active status as a Department Member has been terminated by reason of the Retired Member’s retirement, has been retired on a service-connected disability pension or on a nonservice- connected disability pension for five years, and has been found to be no longer disabled, the Board shall adjust such Retired Tier 5 Plan Member’s pension to 30% of the Retired Member’s Final Average Salary. The adjusted pension shall reflect such cost of living adjustments as would have occurred had the Retired Tier 5 Plan Member’s pension originally been based on such adjusted percentage.

(e) Periodic Medical Examinations. Except in those instances in which the Board has determined that, due to the nature of the disability, no purpose would be served in having periodic medical examinations to determine whether or not a Retired Tier 5 Plan Member is still disabled, all Retired Tier 5 Plan Members on a disability pension shall undergo medical examinations at periodic intervals, as determined by the Board, for the first five years of their disability retirement. Retired Tier 5 Plan Members who receive service-connected disability pensions exceeding 30% of Final Average Salary and Tier 5 Plan Members who terminated City employment by reason of resignation or discharge prior to being granted a disability retirement, shall thereafter undergo medical examinations as determined by the Board.

If a Retired Tier 5 Plan Member resides outside of the State of California, the Board shall have the authority to order medical examinations of Retired Tier 5 Plan Members at any place it may determine to be desirable and shall, if it is determined that it would impose hardship on the person to be examined to travel to such place, have the authority to defray the reasonable cost of any such travel required.

(f) Assessing Cost for Missed Medical Appointments. The Board shall have the authority to provide, by rule, for assessing the cost of medical appointments missed by disability pension applicants, or by Retired Tier 5 Plan Members on a disability pension, where such missed appointments were not caused by factors beyond the control of the Tier 5 Plan Member or Retired Tier 5 Plan Member.

(g) Re-application After Denial of Disability Pension. The Board shall establish reasonable rules governing the re-application by Plan Members for a disability pension where an application has been denied and a new application has been filed subsequently for the same or similar medical reasons as those which were the basis of a previously denied application.

(h) Transfers Under Civil Service. For a period of one year following the effective date of a Retired Tier 5 Plan Member’s disability pension, such Retired Plan Member shall be eligible for status without examination under the provisions of Section 1014 of the Charter in civil service classifications other than those that would entitle the Retired Member to membership in any Tier of the Fire and Police Pension Plan but the provisions of this subsection shall not apply to former Plan Members whose status as Department Members had terminated by reason of resignation or discharge.

(i) Exclusion for Willful Conduct. In making its determinations and findings relative to subsections (a), (b), and (c) of this section, the Board shall consider whether and to what extent the activity giving rise to the disability of a member of the Police Department was caused or aggravated by such member’s willful misconduct. If the Board finds that the disability was caused or aggravated by such willful misconduct, the Board shall deny the Plan Member’s application for a disability pension. The provisions of this subsection shall be applicable only to those Plan members who became members of the Police Department on or after July 6, 1992.

SECTION HISTORY

Added by Ord. No. 174,367, Eff. 12-19-01.

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