Notwithstanding any other provision of this Tier 3, 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 Plan Members. Any former Plan Member who shall believe that he or she is eligible to be paid a pension pursuant to Section 1504 or 1506 of this Tier 3, 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 3 for the payment thereof had happened or occurred as to such former 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 December 8, 1980, federal or state law should become preemptive or controlling with respect to the provisions of this Tier 3, 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) Coordination with Deferred Compensation Plan. In the event the City establishes a deferred compensation system applicable to the members of the Fire and Police Pension Plan – Tier 3, the Board shall prescribe rates of contributions and benefits so that the interest of the City in protecting the Plan and the interest of the Plan Members in pension benefits are protected when compared with contributions and benefits which would have been received had deferred compensation not been instituted.