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(a) Purpose of this Section. It is the purpose of this section to enable the Council to provide by ordinance a program or programs whereby persons receiving pensions pursuant to the provisions of this Tier 2 may become eligible to have subsidy payments made on their behalf for health insurance, accident insurance, life insurance or health care plan coverage or coverage for any combination of such programs as determined by the Council and subject to such conditions of entitlement as may be set forth in any ordinance adopted in accordance with the provisions of this section.
(b) Mode of Adoption of Ordinance. Ordinances adopted pursuant to this section must be approved by not less than two-thirds of the membership of the Council, subject to the veto of the Mayor and readoption by the Council by three-fourths of the membership of the Council. No such ordinance may be finally adopted by the Council until the expiration of at least thirty days after its first presentation to the Council, nor until after a public hearing has been held thereon. Any ordinance adopted pursuant to this section shall go into effect upon its publication, but the terms of such ordinance, or portions thereof, may be operative at a later date or dates.
(c) Council Authority to Establish Subsidy Limitations. The Council may establish by ordinance the maximum subsidy payments for beneficiaries under any programs established by the Council pursuant to subsection (a), including appropriate limitations for employees receiving subsidies from other City plans.
(d) Administration of Subsidy Program. Any subsidy program adopted by ordinance pursuant to this section shall be administered by the Board. In furtherance thereof, the Board shall have the authority to contract for suitable programs as hereinabove defined in subsection (a) hereof, to be made available to retired members or other beneficiaries, and shall have the power to adopt such rules as it deems necessary to administer such programs. Notwithstanding the foregoing provisions, the Board may authorize the Personnel Department to administer any program or part thereof established by ordinance pursuant to the provisions of this section, provided however, that the Board shall reimburse the General Fund of the City for all necessary expenses incurred by the Personnel Department as a result thereof.
(e) Board Authority to Adjust Subsidy Amount. The Council may by ordinance authorize the Board to increase or decrease subsidy payments pursuant to factors, standards, and limitations prescribed in the ordinance.
SECTION HISTORY
Amended by: Charter Amendment 2, approved March 8, 2005, effective April 6, 2005.
(a) Election. With the enactment of this section an election has been made as authorized under the provisions of Section 415(b)(10)(C) of the Internal Revenue Code to be bound by the limitations of Section 415 of the Code subject to the provisions of Section 415(b) and (B), thereof.
(b) Automatic Repeal. If any of the provisions of Section 415 of the Internal Revenue Code should be repealed, the provisions of this section shall be deemed repealed to the same extent.
The provisions of this section shall be controlling if there were to be any other provision contained elsewhere in this Tier 2 which is or could be construed to be contrary thereto, in conflict therewith or different therefrom.
(a) Members Eligible to Service or Disability Pension. Any System Member who shall believe that he is eligible to be retired pursuant to Section 1408 concerning Service Pensions and that he also is eligible to be retired pursuant to Section 1412 concerning Disability Pensions, shall have the right to file his written application to be retired pursuant to either one of the sections and the Board, if it were to determine that the contingencies provided in this Tier 2 for retirement pursuant to the particular section involved had happened or occurred as to such member, shall retire him in accordance with his written application.
(b) Board Consideration of Conflicting Requests to Retire. In the event that any System Member were to file his written application to be retired and a written request for him to be retired also were to be filed by or on behalf of the head of the department in which he is a Department Member, the Board shall not consider or make any determination with respect to such written request unless and until it first shall have considered such member’s written application and shall have determined that he is not entitled to be retired in accordance therewith.
(c) Service or Disability Pensions for Former Members. Any former System Member who shall believe that he is eligible to be paid a pension pursuant to Section 1408 or pursuant to Section 1412, may file his written application for the payment to him of a pension pursuant to either one of said 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 2 for the payment thereof had happened or occurred as to such former member prior to the date upon which he had ceased to be a System Member and if there is no legal bar or defense to the granting to him of such pension or to any judicial action or proceeding which could be brought by him with respect thereto, shall grant him the pension in accordance with his written application.
(a) Time off With Pay. Whenever a Tier 2 System 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 Monthly Salary and additional monthly pay if such period had been one of regular work;
(2) such pay shall be part of his Monthly Salary and additional monthly pay but only in the same amount as that which would have been his Monthly Salary and additional monthly pay if such period had been one of regular work; and
(3) such period shall be part of his Years of Service.
(b) Cash Payment. Whenever a Tier 2 System Member, for overtime work, shall receive a cash payment:
(1) a deduction for pension purposes shall not be made from such payment;
(2) such payment shall not be part of his Monthly Salary and additional monthly pay; and
(3) the period of overtime work for which he shall receive such payment shall not be part of his Years of Service except that any period of a Tier 2 System Member’s overtime work, for which he shall not have taken time off with pay, shall be credited, by the Board, as part of his Years of Service, upon his or his survivor’s written request therefor, to the same extent as he would have been entitled to take time off with pay but only to the extent, and not in excess thereof, that he, while a Department Member, shall have had any period of absence from work without pay, but such request shall be accompanied with payment of the amount which would have been deducted for pension purposes from his Monthly Salary and additional monthly pay if the period of overtime work, to the extent credited, had been one of regular work.
(Formerly Article XXXV, Plan 1)
(a) Appointed Members. Each person who shall be appointed as a Department Member on or after December 8, 1980 through June 30, 1997 shall become a 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 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 1 & 2 Members. A person formerly a system member under the provisions of Tier 1 or 2 of this Article whose membership had previously terminated by reason of resignation or discharge shall upon again being appointed as a Department Member become a Plan Member as of the effective date of such appointment. In the event such person did not receive a refund of contributions upon his or her termination as a System Member, then the definition of “Years of Service” elsewhere contained in this Tier 3 shall be controlling with respect to such person’s entitlement to service credit; and further, such person need not make back contributions on account of such former service and does not have any right to have contributions formerly made by him or her under the provisions of Tier 1 or 2 refunded in the event he or she should subsequently terminate as a Plan Member. In the event such person received a refund of his or her contributions under the provisions of Tier 1 or 2 as a result of his or her termination, then such person’s entitlement to Years of Service credit for the period of such former service shall be conditioned upon such person electing to repay and having paid to the Fire and Police Pension Plan – Tier 3 the amount of previously refunded contributions, with interest thereon and an amount calculated as interest which would have been earned between the date of such termination and the date of entry into service as a Plan Member in accordance with rules adopted by the Board. In the event such member does not elect to so repay, the term Years of Service as elsewhere used in this Tier 3 shall not include any periods prior to his or her becoming a Plan Member, notwithstanding the definitions contained in Section 1502(m) and (n).
(c) Certain Former Tier 4 Members. Each person who irrevocably elects in accordance with this subsection to become eligible for the service, vesting and contribution provisions of this Tier 3 shall become a Tier 3 Plan Member.
(1) Election of Tier 4 Members to Become Tier 3 Members. Any Department Member hired under Section 1600(a) during the period July 1, 1997 through December 31, 1997 who became a Tier 4 Plan Member in accordance with Section 1600 shall have the option to make an irrevocable election, in writing, to become eligible for the service, vesting and contribution provisions of Tier 3 and thereby become a Tier 3 Plan Member.
(2) Election Period. The election period shall commence no later than sixty (60) days following the operative date of this subsection and shall remain in effect for six months from such date.
(3) Tier 4 Members on Disability. Any Tier 4 Plan Member hired during the period of July 1, 1997 through December 31, 1997 and who as a member of Tier 4 is receiving a disability pension pursuant to Section 1606 and who, thereafter, is restored to active duty as a Department Member after the end of the election period provided in subsection (c)(2), shall not be eligible to elect to become a Tier 3 Plan Member.
(4) Members on Military Leave. Persons who are not active members during the election period provided in subsection (c)(2) due to service in the armed forces shall have 90 days following their return to active duty or the expiration date of the election period, whichever is later, to make an election to become a Tier 3 Plan Member.
(5) Release of Liability. The Board shall have the authority to establish rules requiring a full and complete release from liability from members and their spouses or domestic partners upon the Plan Member’s election to transfer from Tier 4 to Tier 3.
(d) Paramedics and Civilian Ambulance Employees. In addition to those Department Members described in subsection (a) of this section, paramedics or civilian ambulance employees shall become Plan Members upon the effective date of this subsection, except that persons employed as paramedic trainees shall become Plan Members only upon their certification, as provided by law, as mobile intensive care paramedics or equivalent. Upon certification, Plan Members 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 he or she 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 his or her contributions, plus interest credited thereon, and his or her City service credit shall be transferred to the Fire and Police Pension Plan – Tier 3 in accordance with rules to be adopted by the Board.
(e) Purchase of Credit by Surviving Spouse. A surviving spouse of a Plan Member may complete the purchase of Years of Service credit elected by the Plan Member.
(f) Prohibition of Double Benefits. No Plan Member may receive double benefits by receiving credit for Years of Service for the same periods of City service from the Los Angeles City Employees’ Retirement System and under the provisions of this Tier 3. Further, no Plan Member may transfer credit received from the Los Angeles City Employees’ Retirement System while employed in a capacity other than paramedic or civilian ambulance employee.
(g) Transfer of Released Liability. Upon the election by a 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 3. 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.
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