CHAPTER 22 MISCELLANEOUS FIRE AND POLICE PENSION PLAN PROVISIONS

(1) Conditions for Return to Active Duty. A retired member of Tier 3 may file, with the Chief of the department from which the retired member retired, a written application to be returned to active duty only upon the conditions:

(A) Service Retirement and Former Rank. That the retired member’s original retirement had been pursuant to Charter Section 1504 on a service pension and had been from the Fire Department while holding a rank no higher than Engineer or from the Police Department while holding a rank no higher than Sergeant; and

(B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of the retired member’s original retirement had been no longer than three years and the retired member is 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 the retired member 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 Chief may approve any application only upon the conditions that, after the filing date of the application, the retired member:

(A) Medical Exam. Had passed a medical examination from which it had been determined that the retired member would be capable of performing the duties that would be assigned to the retired member if the retired member were to be returned to active duty subject to approval by the Board; and

(B) Certification. Had certified, in writing, that the retired member read and understood the provisions of this section.

(3) Return to Rank at Original Retirement. The Chief, if the Chief 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 the retired member at the effective date of the retired member’s original retirement.

(4) Status of a Reactivated Member of Tier 3. A retired member returned to active duty shall thereafter be known as a “reactivated member” of Tier 3 and, as such:

(A) Privilege, Not an Appointment. The reactivated member’s return to active duty shall be a privilege only and the reactivated member 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 Chief may terminate the reactivated member’s service at any time during that year;

(B) Original Pension Terminated. The reactivated member’s pension, granted by reason of the reactivated member’s original retirement, shall be terminated by the Board as of the effective date of the reactivated member’s return to active duty;

(C) Method of Calculating Years of Service. The reactivated member’s service after the effective date of the reactivated member’s return to active duty, for the purposes of Tier 3 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only:

(i) days for which the reactivated member shall be paid for performing the reactivated member’s assigned duties,

(ii) the reactivated member’s days of vacation with pay, and

(iii) the reactivated member’s 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. The reactivated member’s aggregate years of service, for the purposes of the reactivated member’s eligibility to advancement in accordance with civil service rules and regulations and the payment of the reactivated member’s salary and longevity pay or other additional pay, shall consist of only the reactivated member’s years of sworn service prior to the effective date of the reactivated member’s original retirement and the reactivated member’s service after the effective date of the reactivated member’s return to active duty;

(E) Years of Service for Purposes of Tier 3. The reactivated member’s aggregate years of service, for the purposes of Tier 3 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only the years of service for which the reactivated member received credit in the reactivated member’s original retirement and the reactivated member’s service subsequent to the effective date of the reactivated member’s return to active duty, provided, however, that the subsequent service shall be for not less than one year as defined in Subsection (a)(4)(C) of this section;

(F) Salary, Longevity, & Other Additional Pay. The reactivated member shall be assumed to have a satisfactory standard of service and shall be paid the salary provided for the reactivated member’s rank and the longevity pay or other additional pay provided for the reactivated member’s 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 (LAAC);

(G) Payroll Deduction. The reactivated member shall contribute to the Fire and Police Pension Plan – Tier 3 as provided in Charter Section 1514;

(H) Prohibition of Nonservice-Connected Disability Pensions. The reactivated member shall never be entitled to a subsequent retirement pursuant to Charter Section 1506(b) relating to Nonservice-Connected Disability Pensions and the reactivated member’s surviving spouse or domestic partner, the reactivated member’s 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, Charter Section 1508(a)(5);

(I) Allowance of Service-Connected Disability Pensions. The reactivated member shall be entitled to retire on a service-connected disability pension pursuant to Charter Section 1506(a) if the reactivated member were to become eligible therefore; upon the reactivated member’s death subsequent to retirement on a service-connected disability pension, a pension shall be granted to the reactivated member’s Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent as provided in, or based upon, Charter Section 1508(a)(4), as applicable;

(J) Allowance of Service-Connected Survivor Pension. The reactivated member’s Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, if the reactivated member were to die while a reactivated member by reason of injuries received or sickness caused by the discharge of the reactivated member duties while a Department Member, shall be granted a Service-Connected Survivor Pension as provided in, or based upon, Charter Section 1508(a)(1), as applicable, or may elect the Charter Section 1508(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. The reactivated member’s Qualified Surviving Spouse (provided the spouse was married to the reactivated member 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 the reactivated member were to die while a reactivated member by reason of injuries or sickness other than injuries received or sickness caused by the discharge of the reactivated member’s duties, shall be granted a survivorship pension as provided in, or based upon, Charter Section 1508(a)(2), as applicable, or may elect the Charter Section 1508(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. The reactivated member’s pension, granted by reason of the reactivated member’s original retirement, if the reactivated member’s service were to be terminated during the one year from and after the effective date of the reactivated member’s return to active duty for any reason other than by reason of the reactivated member’s subsequent retirement pursuant to Charter Section 1506(a) on a service-connected disability pension, shall be reinstated by the Board, as of the effective date of the termination of the reactivated member’s service, at the amount of pension that then would have been payable to the reactivated member if the reactivated member had not returned to active duty. Upon the reactivated member’s death, the pension that shall be granted pursuant to Charter Section 1508(a)(3) to the reactivated member’s Qualified Surviving Spouse (provided the spouse was married to the reactivated member 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 the reactivated member’s pension had been calculated as of the effective date of the reactivated member’s original retirement;

(M) Retirement as Reactivated Member. One year after the effective date of the reactivated member’s return to active duty, the reactivated member shall be entitled to retire on a service pension pursuant to Charter Section 1504 based upon the reactivated member’s aggregate years of service as defined in LAAC Section 4.2200(a)(4)(E) and the reactivated member’s pension shall be calculated upon a sum equal to the Final Average Salary upon which the reactivated member’s pension had been calculated as of the effective date of the reactivated member’s original retirement (hereinafter referred to as “such base”), plus a percentage of the difference between such base and that which, if the reactivated member had not had the reactivated member’s original retirement, would have been the reactivated member’s Final Average Salary as of the effective date of the reactivated member’s subsequent retirement, for the reactivated member’s years of service subsequent to the effective date of the reactivated member’s return to active duty as defined in LAAC Section 4.2200(a)(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 the reactivated member’s Final Average Salary as of the effective date of the reactivated member’s subsequent retirement;

and upon the reactivated member’s death, if the reactivated member previously had had a subsequent retirement, the pension which shall be granted as provided in, or based upon, Charter Section 1508(a)(3), as applicable, to the reactivated member’s Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, shall be calculated upon the sum upon which the reactivated member’s pension had been calculated as of the effective date of the reactivated member’s 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 the reactivated member’s 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 Charter Section 1508 (b), the election to receive the optional pension shall be deemed cancelled as of the effective date of the reinstatement provided, however, that if the reactivated member’s original pension is reinstated pursuant to LAAC Section 4.2200 (a)(4)(L), then the election to receive the optional pension shall likewise be reinstated. Unless a reactivated member’s subsequent retirement is governed by LAAC Section 4.2200(a)(4)(L), the reactivated member may make any election authorized pursuant to Charter Section 1508(b).

(5) Applicability of Tier 3 to Reactivated Members. The provisions of Tier 3 shall be construed and applied, as to a reactivated member and to the reactivated member’s surviving spouse, domestic partner, child, and dependent parent, in accordance with the respectively applicable provisions of Subsection (a)(4) of this section.

(b) Return to Active Duty Provisions for Tier 4.

(1) Conditions for Return to Active Duty. A retired member of Tier 4 may file, with the Chief of the department from which the retired member retired, a written application to be returned to active duty only upon the conditions:

(A) Service Retirement and Former Rank. That the retired member’s original retirement had been pursuant to Section 1604 on a service pension and had been from the Fire Department while holding a rank no higher than Engineer or from the Police Department while holding a rank no higher than Sergeant; and

(B) Time Since Original Retirement and Age. That, as of the filing date of the application, the period of the retired member’s original retirement had been no longer than three years and the retired member 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 the retired member 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 Chief may approve any application only upon the conditions that, after the filing date of the application, the retired member:

(B) Certification. Had certified, in writing, that the retired member read and understood the provisions of this section.

(4) Status of a Reactivated Member of Tier 4. A retired member returned to active duty shall thereafter be known as a “reactivated member” of Tier 4 and, as such:

(C) Method of Calculating Years of Service. The reactivated member’s service after the effective date of the reactivated member’s return to active duty, for the purposes of Tier 4 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only:

(i) days for which the reactivated member shall be paid for performing the reactivated member’s assigned duties,

(ii) the reactivated member’s days of vacation with pay, and

(iii) the reactivated member’s regular days off duty with pay, and one year of this service shall consist of a total of 365 days;

(E) Years of Service for Purposes of Tier 4. The reactivated member’s aggregate years of service, for the purposes of Tier 4 and regardless of any other provision of law contained in the Charter or otherwise, shall consist of only the years of service for which the reactivated member received credit in the reactivated member’s original retirement and the reactivated member’s service subsequent to the effective date of the reactivated member’s return to active duty, provided, however, that the subsequent service shall be for not less than one year as defined in Subsection (b)(4)(C) of this section;

(G) Payroll Deduction. The reactivated member shall contribute to the Fire and Police Pension Plan – Tier 4 as provided in Charter Section 1614;

(H) Prohibition of Nonservice-Connected Disability Pensions. The reactivated member shall never be entitled to a subsequent retirement pursuant to Charter Section 1606 (b) relating to Nonservice-Connected Disability Pensions and the reactivated member’s surviving spouse or domestic partner, the reactivated member’s 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, Charter Section 1608(a)(5);

(I) Allowance of Service-Connected Disability Pensions. The reactivated member shall be entitled to retire on a service-connected disability pension pursuant to Charter Section 1606 (a) if the reactivated member were to become eligible therefore; upon the reactivated member’s death subsequent to retirement on a service-connected disability pension, a pension shall be granted to the reactivated member’s Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent as provided in, or based upon, Charter Section 1608(a)(4), as applicable;

(J) Allowance of Service-Connected Survivor Pension. The reactivated member’s Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, if the reactivated member’s were to die while a reactivated member by reason of injuries received or sickness caused by the discharge of the reactivated member’s duties while a Department Member, shall be granted a Service-Connected Survivor Pension as provided in, or based upon, Charter Section 1608(a)(1), as applicable, or may elect the Charter Section 1608(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. The reactivated member’s Qualified Surviving Spouse (provided the spouse was married to the reactivated member 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 the reactivated member were to die while a reactivated member by reason of injuries or sickness other than injuries received or sickness caused by the discharge of the reactivated member’s duties, shall be granted a survivorship pension as provided in, or based upon, Charter Section 1608(a)(2), as applicable, or may elect the Charter Section 1608(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. The reactivated member’s pension, granted by reason of the reactivated member’s original retirement, if the reactivated member’s service were to be terminated during the one year from and after the effective date of the reactivated member’s return to active duty for any reason other than by reason of the reactivated member’s subsequent retirement pursuant to Charter Section 1606(a) on a service-connected disability pension, shall be reinstated by the Board, as of the effective date of the termination of the reactivated member’s service, at the amount of pension that then would have been payable to the reactivated member if the reactivated member had not returned to active duty and, upon the reactivated member’s death, the pension that shall be granted pursuant to Charter Section 1608(a)(3) to the reactivated member’s Qualified Surviving Spouse (provided the spouse was married to the reactivated member 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 the reactivated member’s pension had been calculated as of the effective date of the reactivated member’s original retirement;

(M) Retirement as Reactivated Member. One year after the effective date of the reactivated member’s return to active duty, the reactivated member shall be entitled to retire on a service pension pursuant to Charter Section 1604 based upon the reactivated member’s aggregate years of service as defined in LAAC Section 4.2200(b)(4)(E) and the reactivated member’s pension shall be calculated upon a sum equal to the Final Average Salary upon which the reactivated member’s pension had been calculated as of the effective date of the reactivated member’s original retirement (hereinafter referred to as “such base”), plus a percentage of the difference between such base and that which, if the reactivated member had not had the reactivated member’s original retirement, would have been the reactivated member’s Final Average Salary as of the effective date of the reactivated member’s subsequent retirement, for the reactivated member’s years of service subsequent to the effective date of the reactivated member’s return to active duty as defined in LAAC 4.2200(b)(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 the reactivated member’s Final Average Salary as of the effective date of the reactivated member’s subsequent retirement, and upon the reactivated member’s death, if the reactivated member previously had had a subsequent retirement, the pension that shall be granted as provided in, or based upon, Charter Section 1608(a)(3), as applicable, to the reactivated member’s Qualified Surviving Spouse or Qualified Domestic Partner or child or dependent parent, shall be calculated upon the sum upon which the reactivated member’s pension had been calculated as of the effective date of the reactivated member’s subsequent retirement;

(O) Refund of Contributions Upon Termination. A reactivated member shall not be entitled to a refund of any contributions; and

(P) Optional Pension Election. If a reactivated member is reinstated to active duty after electing to receive the optional pension provided in Charter Section 1608 (b), the election to receive the optional pension shall be deemed cancelled as of the effective date of the reinstatement provided, however, that if the reactivated member’s original pension is reinstated pursuant to LAAC Section 4.2200(b)(4)(L), then the election to receive the optional pension shall likewise be reinstated. Unless a reactivated member’s subsequent retirement is governed by LAAC Section 4.2200(b)(4)(L), the reactivated member may make any election authorized pursuant to Charter Section 1608 (b).

(5) Applicability of Tier 4 to Reactivated Members. The provisions of Tier 4 shall be construed and applied, as to a reactivated member and to the reactivated member’s surviving spouse, domestic partner, child, and dependent parent, in accordance with the respectively applicable provisions of Subsection (b)(4) of this section.

SECTION HISTORY

Added by Ord. No. 177,116, Eff. 11-16-05.

Sec. 4.2202. Provisions Governing the Recall to Active Duty of Police for Periods Exceeding 90 Days.

This section establishes the salary, benefits and other terms and conditions of employment for a retired member of the Police Department recalled for a period in excess of 90 days, but not to exceed more than 12 consecutive months, pursuant to either Subsection (e) of Section 4.2026 of this Code or Subsection (b) of Charter Section 1410.

(a) Status of Recalled Member. A retired member recalled to active duty shall be known as a “recalled member” and:

(1) The recalled member’s recall to active duty shall be a privilege only and the Chief may terminate the recalled member’s service at any time;

(2) Shall be paid the recalled member’s pension during the period of recall to active duty and thus shall not be eligible for the benefits provided in Section 4.177 of this Code;

(3) Shall be paid the salary in effect on the date of recall for the recalled member’s rank and pay grade at retirement, longevity pay provided for the recalled member’s aggregate years of service prior to the effective date of retirement, and P.O.S.T. compensation;

(4) Shall not receive any other incentives or bonuses, step increases, general salary increases, or promotions during the period of recall.

(5) Shall be compensated in cash for daily overtime at the rate of time and one-half for hours worked in excess of the recalled member’s scheduled work shift if employed in a classification eligible for overtime pursuant to MOU 24 or 25;

(6) May be assigned to any position within the Department that is allocated to the rank and pay grade held by the recalled member;

(7) Shall not be entitled to any benefits provided to employees under Division 4 of this Code or the Memorandum of Understanding between the City and the Los Angeles Police Protective League or the Los Angeles Police Command Officers Association except as provided here;

(8) Shall have no payroll deduction made for pension contributions pursuant to Section 4.2014 of this Code or Charter Section 1420; and

(9) The recalled member and the recalled member’s surviving spouse or domestic partner, minor child or children, dependent child or children, and dependent parent or parents shall never be entitled to any pension benefits provided by either Tier 2 or Tier 5 by reason of the recalled member’s service as a recalled member.

(b) Tiers 2 and 5 Construed with Recalled Member Rules. The provisions of Tier 2 or Tier 5 , as applicable, shall be construed and applied, as to a recalled member retired from Tier 2 or Tier 5 , the recalled member’s surviving spouse or domestic partner, minor child or children, dependent child or children, and dependent parent or parents, in accordance with the respective applicable provisions of Subsection (a) of this section.

SECTION HISTORY

Added by Ord. No. 179,186, Eff. 9-25-07.

Sec. 4.2204. Establishment and Termination of Domestic Partnerships.

(a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. A domestic partnership shall be established when both partners file a Declaration of Domestic Partnership with the Board of Fire and Police Pension Commissioners, provided all the following requirements are met:

(1) Both persons have a common residence as defined in Family Code Section 297.

(2) Both persons agree to be jointly responsible for each other’s basic living expenses incurred during the domestic partnership.

(3) Neither person is married or a member of another domestic partnership.

(4) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.

(5) Both persons are at least 18 years of age.

(6) Both persons may be of the same sex or the opposite sex.

(7) Both persons are capable of consenting to the domestic partnership.

(b) A domestic partnership is terminated when any one of the following occurs:

(1) One partner gives, or sends by certified mail, to the other partner a written notice that the partner is terminating the partnership.

(2) One of the domestic partners dies.

(3) One of the domestic partners marries.

(4) The domestic partners no longer have a common residence.

(c) Upon termination of a domestic partnership, at least one of the former partners shall file a Notice of Termination of Domestic Partnership with the Board of Fire and Police Pension Commissioners, provided that failure to file such notice shall not prevent the termination of the domestic partnership.

(d) No person who has filed a Declaration of Domestic Partnership with the Board of Fire and Police Pension Commissioners may file a new Declaration of Domestic Partnership until at least six months after the date that a Notice of Termination of Domestic Partnership was filed with the Board as provided herein. This prohibition does not apply if the previous domestic partnership ended because one of the partners died or married.

SECTION HISTORY

Added by Ord. No. 173,028, Eff. 1-17-00.

Amended by: Sec. Number, Ord. No. 173,136, Eff. 3-24-00; Subsec. (a)(1), Ord. No. 176,731, Eff. 6-21-05.

Renumbered from former Sec. 4.1159 by Ord. No. 179,538, Eff. 3-2-08.

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