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The Council may, by ordinance, amend the Fire and Police Pension Plan and the provisions of any and all Tiers of the Plan to incorporate provisions of federal laws and regulations required to maintain the tax-qualified status of the Fire and Police Pension Plan. The Council also may enact ordinances to modify or repeal such provisions. Ordinances adopted pursuant to this section shall be adopted in the manner provided in Charter Section 1618(b). It is the intent of this section to facilitate compliance with the provisions of federal laws affecting the Fire and Police Pension Plan.
SECTION HISTORY
Added by Charter Amendment G § 4, approved March 8, 2011, effective April 8, 2011.
(a) Council Authority. The Council may by ordinance establish an Excess Benefit Plan to supplement the benefits of certain employees under the various Tiers of the Plan to the extent such benefits are reduced by the limitations on benefits imposed by Section 415 of the Internal Revenue Code of 1986 as amended. The terms and conditions of any Excess Benefit Plan adopted under the authority of this section shall be substantially the same as those of the Excess Benefit Plan established in Los Angeles Administrative Code Section 4.2021 for Tier 5. If the Council establishes an Excess Benefit Plan, the Excess Benefit Plan must be established as a "qualified governmental excess benefit arrangement" within the meaning of Section 415(m) of the Internal Revenue Code and, once established, may be amended by the Council by ordinance to comply with the Code requirements to maintain such qualification and status.
(b) Mode of Adoption. Ordinances adopted under this section shall be adopted in the manner provided in Section 1618(b).
SECTION HISTORY
Added by Charter Amendment G § 5, approved March 8, 2011, effective April 8, 2011.
If at any time federal or state law should become preemptive or controlling with respect to the provisions of this Plan or the provisions of any Tier, 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.
SECTION HISTORY
Added by Charter Amendment G § 6, approved March 8, 2011, effective April 8, 2011.
The Board of Fire and Police Pension Commissioners shall have the authority to declare a forfeiture of all monies, including but not limited to contributions, interest thereon and benefits, that become payable or distributable from the Plan to any owner who either cannot be found or refuses to accept the payment or distribution of such monies within ten years of the date such monies become payable or otherwise distributable from the Plan. However, at the discretion of the Board, a person may be relieved from a forfeiture declared under this section. The Board may delegate its authority to declare a forfeiture of money or its discretion to relieve a person from a forfeiture of money to the general manager of the Department of Fire and Police Pensions pursuant to rules adopted by the Board.
SECTION HISTORY
Added by Charter Amendment G § 7, approved March 8, 2011, effective April 8, 2011.
Notwithstanding any provision of any Tier to the contrary, the unfunded liabilities of the Fire and Police Pension Plan, and of each Tier of the Plan, shall be funded in accordance with the actuarial funding method adopted by the Board upon the advice of its consulting actuary. With the advice of the consulting actuary, the Board shall establish amortization policies for unfunded actuarial accrued liabilities and surpluses.
SECTION HISTORY
Added by Charter Amendment G § 8, approved March 8, 2011, effective April 8, 2011.
(Formerly Article XVII)
In addition to the words and phrases defined in the Fire and Police Pension Plans General Provisions in Part 3 and for the purposes of this Tier 1, the following words and phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated by the context.
(a) Member of Fire or Police Department. A “Member of the Fire Department” shall consist of all persons duly and regularly appointed in the Fire Department under civil service rules and regulations to perform the duties of a regular firefighter in the City of Los Angeles, under whatever designation they may be described in any salary or departmental ordinance providing compensation for the Fire Department; and a “Member of the Police Department” shall consist of all members of the Police Department appointed under civil service rules and regulations and sworn in, as provided by law, to perform the duties of a regular police officer of the City of Los Angeles, under whatever designation that they may be described in any salary or departmental ordinance providing compensation for the members of the Police Department. The provisions of Tier 1 shall apply to all members of the Fire and Police Departments as defined in this Tier 1, and to all members of these departments who have been granted pensions pursuant to this Tier 1.
(b) Eligible Widow. An “eligible widow” means the widow of a deceased member of the Fire Department or the Police Department who, as such, is entitled to a pension.
On or before December 5, 1996 any eligible widow, who remarried and thereby ceased to be an eligible widow, shall be reinstated as an eligible widow as of the latest of:
(1) the date upon which a judgment or decree did or shall become final dissolving the marriage upon any ground or declaring a void or voidable marriage to have been null and void or voided, if the date was or shall be within 5 years from the date of the marriage ceremony;
(2) the date upon which the marriage was or shall be dissolved by the death of the other party if the date was or shall be within 5 years from the date of the marriage ceremony; or
(3) the date upon which this section shall become effective, but if either of the events mentioned in (1) or (2) had occurred prior thereto, it had occurred within 5 years from the date of the marriage ceremony.
A reinstated eligible widow shall be entitled to the reinstatement of her pension effective as of the latest of such dates, whichever shall be applicable, but shall not be entitled to the payment of any pension for the period prior to such applicable date and subsequent to the date of the marriage ceremony. The pension paid to any other person during or for the period of the marriage or purported marriage of such reinstated eligible widow or during or for any period after the dissolution thereof shall cease when her pension shall be reinstated. However, should such reinstated eligible widow thereafter be a party to another marriage ceremony her pension as such shall cease and never again shall be reinstated regardless of whether such marriage ceremony shall result in a valid marriage or in a voidable or void marriage and whether or not the same legally shall be terminated. The pension which shall become payable to any reinstated eligible widow shall commence in the same monthly amount which then would have been payable if she never had ceased to be an eligible widow and thereafter it shall be adjusted as otherwise provided in Section 1328 relating to Cost of Living Adjustments.
(c) Dependent Child. A “dependent child” means a person, but not including a person who is an illegitimate child of a deceased member of the Fire Department or the Police Department who had not been legitimated by such member, who is a legitimate child, a legitimated child or an adopted child of such member, and who had not been adopted by a person of the same gender as such member prior to the date of his death, who is not married and who, while under the age of 21 years, had become disabled, either prior or subsequent to the date of death of such member, from earning a livelihood for any cause or reason whatsoever, other than by reason of his own moral turpitude or as a result thereof. Such person shall be a dependent child only until he:
(1) shall be adopted by a person of the same gender as such member or shall marry, whichever shall be the earlier, regardless of his age at the time of the occurrence of either such event and whether or not he then is disabled from earning a livelihood;
(2) shall attain the age of 18 years if neither of the events mentioned in (1) had occurred prior thereto and if, at that time, he is not disabled from earning a livelihood; or
(3) shall cease to be disabled from earning a livelihood if none of the events mentioned in (1) or (2) had occurred prior thereto.
The Board shall have the power to determine whether or not a child of a deceased member is a Dependent Child and to determine, from time to time, the fact of whether or not a child who had been determined by it to be a Dependent Child continues to be a Dependent Child.
The provisions of Section 1314 and 1316 relating to Service and Nonservice Connected Survivor Pensions hereafter shall be construed and applied in accordance with the provisions of this subsection.
(d) Assignment Pay. “Assignment Pay” means any additional gross monthly pay or 1/12 of any additional gross annual 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 thereof within the member’s rank, shall be provided therefor by ordinance, upon the conditions therein set forth, as of the date of the termination of such member’s status as a member of the Fire Department or the Police Department.
Any such assignment pay shall not be considered as “the highest salary (exclusive of any amount payable by reason of assignment to special duty) attached to the rank of policeman or fireman” for the purposes of either Section 1312 or Section 1316 relating to Nonservice Connected Disability and Survivor Pensions. Any such assignment pay hereafter shall be included in “the average monthly rate of salary assigned to the ranks or positions held by such member” in the case of a member who shall retire upon a service pension or in the case of a member who shall die while eligible for a service pension if he had received the same immediately preceding the date of his retirement or death or upon the last day he had performed duties as a member of the Fire Department or the Police Department or, if he had not received the same at either such time but had received such pay at some time prior thereto, 10% of the assignment pay which he had received at the time of the termination of his last assignment to such duties for each year in the aggregate of his assignment to such duties not exceeding, however, 10 years in the aggregate.
(e) Partial Year of Service. “Partial Year of Service” means any period of less than 12 months for which the member, if it had been a complete year, would have been entitled to credit toward retirement.
In the case of any member who had become such on or subsequent to January 17, 1927, any such partial year of service shall be calculated from the end of the member’s last completed year of service to the end of the payroll period immediately prior to the date of his retirement and shall be counted as part of his years of service for his retirement upon a service pension hereafter granted or for a pension hereafter granted to his widow, minor child or children, dependent child or children or dependent parent or parents if he hereafter shall die while eligible for a service pension prior to having served 25 years in the aggregate.
Any such partial year of service, in case of a member who shall have had less than 25 years of service, shall be credited in the same ratio of 2% of the average monthly rate of salary assigned to the ranks or positions held by him immediately preceding the date of his retirement or death as such partial year shall bear to a complete year and, in the case of a member who shall have had 25 years of service or more, shall be credited in the same ratio 1 2/ 3% of such average rate of salary as such partial year shall bear to a complete year.
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