Notwithstanding any other provision of this Tier 5, the provisions of this section shall be controlling to the extent there is a conflict with another provision.
(a) Service or Disability Pensions for Former Tier 5 Plan Members. Any former Tier 5 Plan Member who shall believe that he or she is eligible to be paid a pension pursuant to Section 4.2004 or 4.2006 of this Tier 5, may file his or her written application for the payment of a pension pursuant to either one of the sections within the time prescribed for the filing thereof by any applicable provision of law, and the Board, if it were to determine that the contingencies provided in this Tier 5 for the payment thereof had happened or occurred as to such former Tier 5 Plan Member and if there is no legal bar or defense to the granting to him or her of such pension or to any judicial action or proceeding which could be brought by him or her with respect thereto, shall grant him or her the pension in accordance with his or her written application.
(b) Adoption of Board Rules to Comply with Federal or State Law. If at any time after January 1, 2002, federal or state law should become preemptive or controlling with respect to the provisions of this Tier 5, the Board shall have the power to adopt such rules as may be necessary to comply with such federal or state law. Such rules shall be adopted upon the advice and with the concurrence of the City Attorney.
(c) Payroll Deductions and Years of Service Credit for Overtime. Whenever a Plan Member, for overtime work, shall take a period of time off with pay:
(1) a deduction for pension purposes shall be made from such pay but only in the same amount as that which would have been deducted from his or her salary if such period had been one of regular work; and
(2) such period shall be part of his or her Years of Service.
Whenever a Plan Member, for overtime work, shall receive a cash payment:
(1) a deduction for pension purposes shall not be made from such payment; and
(2) the period of overtime work for which he or she shall receive such payment shall not be part of his or her Years of Service.
(d) Section left blank intentionally.
(e) Recall to Active Duty.
(1) Rules for Recall to Active Duty. The Appointing Authority of the department shall promulgate rules and set standards and he or she may deem to be necessary or desirable with respect to recalling a retired member to active duty.
(2) Conditions for Recall to Active Duty. A retired member, whenever retired, shall be eligible to be recalled to active duty in the department from which he or she retired only upon the following conditions:
(A) Service Retirement and Former Rank. That his or her original retirement has been pursuant to Section 4.2004 and had been from the Fire Department while holding a rank lower than Fire Chief or from the Police Department while holding a rank lower than Chief of Police or from the Harbor Department while holding a rank lower than Port Warden.
(B) Certification. That he or she had certified, in writing, that he or she had read and understands the provision of this subsection; and
(C) Consent to Recall. That he or she voluntarily consented to be recalled to active duty.
(3) Limitations on Recall. The Appointing Authority may recall a retired member to active duty:
(A) Rank at Retirement. Only in or to a vacant position in the rank held by him or her at the effective date of his or her original retirement.
(B) 90 Day Limit. For not to exceed 90 days in any one calendar year; and
(C) Status Defined in the Section. The salary, benefits and other terms and conditions of employment of any recalled member shall be provided under Subdivisions (e)(5) and (e)(6) of this subsection.
(4) No Recall of Police Exceeding 12 Months Without Loss of Pension. Recall of retired members of the Police Department may be approved for a period in excess of 90 days but not for more than 12 consecutive months, without loss of pension, in which case the salary, benefits and other terms and conditions of employment for the recalled police officers shall be established by ordinance.
(5) Status of Recalled Members. A retired member if he or she were to be recalled to active duty, thereafter shall be known as a "recalled member" and as such:
(A) His or her recall to active duty shall be a privilege only and the Appointing Authority may terminate his or her service at any time;
(B) His or her pension shall be paid during the period of his or her recall to active duty;
(C) He or she shall be paid the salary provided for his or her rank and the longevity pay or merit pay provided for his or her aggregate years of service prior to the effective date of his or her original retirement;
(D) He or she shall have no deductions made for pension purposes, pursuant to Section 4.2014 relating to Member Contributions-Tier 5, from his or her salary and longevity pay or merit pay; and
(E) He or she, the surviving spouse or domestic partner, minor child or children or dependent parent or parents never shall be entitled to any pension benefits provided by this Tier by reason of his or her service as a recalled member.
(6) Tier 5 Construed with Recalled Member Rules. The provisions of this Tier 5 shall be construed and applied, as to a recalled member, his or her surviving spouse or domestic partner, minor child or children and dependent parent or parents, in accordance with respective applicable provisions of subdivision (e)(5) of this subsection.
(f) Return to Active Duty.
(1) Conditions for Return to Active Duty. A retired member of Tier 5 may file, with the Appointing Authority of the department from which he or she retired, a written application to be returned to active duty only upon the conditions:
(A) Service Retirement and Former Rank. That his or her original retirement had been pursuant to Section 4.2004 on a service pension and had been from the employing department while holding a rank no higher than Engineer or Sergeant; and
(B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of his or her original retirement had been no longer than three years and he or she was under the age of 55 years, except that a retired member whose three year period expires between January 1, 2004, and the effective date of the ordinance implementing these return to work provisions shall be eligible to file an application to return to duty no later than March 31, 2006; and
(C) DROP Participation. That he or she did not participate in the Deferred Retirement Option Plan (DROP). DROP participants are ineligible for reactivation.
(2) Subsequent Conditions for Return to Active Duty. The Appointing Authority may approve any application only upon the conditions that, after the filing date, the retired member:
(A) Medical Exam. Had passed a medical examination from which it had been determined that he or she would be capable of performing the duties that would be assigned to him or her if he or she were to be returned to active duty subject to approval by the Board; and
(B) Certification. Had certified, in writing, that he or she read and understood the provisions of this section.
(3) Return to Rank at Original Retirement. The Appointing Authority, if he or she were to approve the application, may return the retired member to active duty only in or to a vacant position in the rank held by him or her at the effective date of his or her original retirement.
(4) Status of a Reactivated Member of Tier 5. A retired member returned to active duty shall thereafter be known as a "reactivated member" of Tier 5 and, as such:
(A) Privilege, Not an Appointment. His or her return to active duty shall be a privilege only and he or she shall be on probation for one year from and after the effective date of the return regardless of any other provision of law contained in the Charter or otherwise, and the Appointing Authority may terminate his or her service at any time during that year;
(B) Original Pension Terminated. His or her pension, granted by reason of his or her original retirement, shall be terminated by the Board as of the effective date of his or her return to active duty;
(C) Method of Calculating Years of Service. His or her service after the effective date of his or her return to active duty, for the purposes of Tier 5 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only:
(i) days for which he or shall be paid for performing his or her assigned duties;
(ii) his or her days of vacation with pay; and
(iii) his or her regular days off duty with pay;
and one year of this service shall consist of a total of 365 days;
(D) Years of Service for Purposes of Civil Service and Related Purposes. His or her aggregate years of service, for the purposes of his or her eligibility to advancement in accordance with civil service rules and regulations and the payment of his or her salary and longevity pay or other additional pay, shall consist of only his or her years of sworn service prior to the effective date of his or her original retirement and his or her service after the effective date of his or her return to active duty;
(E) Years of Service for Purposes of Tier 5. His or her aggregate years of service, for the purposes of Tier 5 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only the years of service for which he or she received credit in his or her original retirement and his or her service subsequent to the effective date of his or her return to active duty, provided, however, that this subsequent service shall be for not less than one year as defined in Subsection (f)(4)(C) of this section;
(F) Salary, Longevity, and Other Additional Pay. He or she shall be assumed to have a satisfactory standard of service and shall be paid the salary provided for his or her rank and the longevity pay or other additional pay provided for his or her aggregate years of service, subject, however, to all applicable provisions of any collective bargaining agreement (Memorandum of Understanding) and of the Los Angeles Administrative Code;
(G) Payroll Deduction. He or she shall contribute to the Fire and Police Pension Plan--Tier 5 as provided in Section 4.2014;
(H) Prohibition of Nonservice-Connected Disability Pensions. He or she shall never be entitled to a subsequent retirement pursuant to Section 4.2006(b) relating to Nonservice-Connected Disability Pensions and his or her surviving spouse or domestic partner, his minor child or children or dependent child or children (for ease of reference all children, both minor and dependent, singular and plural, are hereafter referred to in this section as "child") or dependent parent or parents (referred to in this section as "dependent parent") never shall be granted a pension as provided in, or based upon, Section 4.2008(a)(5) or 4.2008.5(a)(5);
(I) Allowance of Service-Connected Disability Pensions. He or she shall be entitled to retire on a service-connected disability pension pursuant to Section 4.2006(a) if he or she were to become eligible therefore; upon his or her death subsequent to retirement on a service-connected disability pension, a pension shall be granted to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent as provided in, or based upon, Section 4.2008(a)(4) or 4.2008.5(a)(4), as applicable;
(J) Allowance of Service-Connected Survivor Pension. His or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be granted a Service-Connected Survivor Pension as provided in, or based upon, Section 4.2008(a)(1) or 4.2008.5(a)(1), as applicable, or, if eligible therefore, may elect the Section 4.2008(a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation;
(K) Allowance of Survivor Pension Upon Death of Reactivated Member. His or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty date and prior to the date of death) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement or for at least one year after the return to active duty effective date and prior to the date of death) or child or dependent parent, if he or she were to die while a reactivated member by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be granted a survivorship pension as provided in, or based upon, Section 4.2008(a)(2) or 4.2008.5(a)(2), as applicable, or, if eligible therefore, may elect the Section 4.2008(a)(7) Basic Death Benefit provided that the return of contributions shall be limited to those contributions paid after reactivation;
(L) Reinstatement of Original Pension. His or her pension, granted by reason of his original retirement, if his or her service were to be terminated during the one year from and after the effective date of his or her return to active duty for any reason other than by reason of his or her subsequent retirement pursuant to Section 4.2006(a) on a service-connected disability pension, shall be reinstated by the Board, as of the effective date of the termination of his or her service, at the amount of pension that then would have been payable to him or her if he or she had not returned to active duty and, upon his or her death, the pension that shall be granted pursuant to Section 4.2008(a)(3) or 4.2008.5(a)(3), as applicable, to his or her Qualified Surviving Spouse (provided the spouse was married to him or her for at least one year prior to the effective date of the original retirement) or Qualified Domestic Partner (provided the partner had a Declaration of Domestic Partnership on file with the Board for at least one year prior to the effective date of the original retirement) or child or dependent parent shall be calculated upon the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement;
(M) Retirement as Reactivated Member. One year after the effective date of his or her return to active duty, he or she shall be entitled to retire on a service pension pursuant to Section 4.2004 based upon his or her aggregate years of service as defined in Subsection (f)(4)(E) and his or her pension shall be calculated upon a sum equal to the Final Average Salary upon which his or her pension had been calculated as of the effective date of his or her original retirement (hereinafter referred to as "such base"), plus a percentage of the difference between such base and that which, if he or she had not had his original retirement, would have been his or her Final Average Salary as of the effective date of his or her subsequent retirement, for his or her years of service subsequent to the effective date of his or her return to active duty as defined in Subsection (f)(4)(C), so that this sum shall be such base plus:
(i) 20% of the difference for one year;
(ii) 40% of the difference for two years;
(iii) 60% of the difference for three years;
(iv) 80% of the difference for four years; and
(v) 100% of the difference for five or more years or the equivalent of his or her Final Average Salary as of the effective date of his or her subsequent retirement;
and upon his or her death, if he or she previously had had a subsequent retirement, the pension that shall be granted as provided in, or based upon, Section 4.2008(a)(3) or 4.2008.5(a)(3), as applicable, to his or her Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, shall be calculated upon the sum upon which his or her pension had been calculated as of the effective date of his or her subsequent retirement;
(N) Eligibility for DROP. A reactivated member shall not be eligible to participate in any available Deferred Retirement Option Plan (DROP) until three years following his or her return to duty;
(O) Refund of Contributions Upon Termination. A reactivated member shall not be entitled to a refund of any contributions made prior to reactivation; and
(P) Optional Pension Election. If a reactivated member is reinstated to active duty after electing to receive the optional pension provided in Section 4.2008(b), the election to receive the optional pension shall be deemed cancelled as of the effective date of the reinstatement provided, however, that if his or her original pension is reinstated pursuant to Subsection (f)(4)(L), then the election to receive the optional pension shall likewise be reinstated. Unless a reactivated member's subsequent retirement is governed by Subsection (f)(4)(L), he or she may make any election authorized pursuant to Section 4.2008(b).
(5) Applicability of Tier 5 to Reactivated Members. The provisions of Tier 5 shall be construed and applied, as to a reactivated member and to his or her surviving spouse, domestic partner, child, and dependent parent, in accordance with the respectively applicable provisions of Subsection (f)(4) of this section.
SECTION HISTORY
Added by Ord. No. 174,367, Eff. 12-19-01.
Amended by: Subsec. (f) added, Ord. No. 177,116, Eff. 11-16-05; Subsec. (e), Ord. No. 177,214, Eff. 1-4-06.