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(a) Council Authority. Subject to Sections 1709 and 1711, the Council may, by ordinance adopted in accordance with the provisions of this section, allow police personnel who are transferred to the Police Department from the Department of General Services and gain status in one of the following Class Codes 2214, 2217, 2223, 2227, 2232, and 2244 to transfer prior sworn service with the City from the Los Angeles City Employees’ Retirement System (LACERS) to Tier 6 after they become members of the Plan pursuant to the applicable provisions of the Charter and the Los Angeles Administrative Code. Notwithstanding the provisions of Section 1702(r), transferred service may count as Years of Service for all Tier 6 purposes.
(1) Purchases Shall Be Cost Neutral. The member shall be required to pay the full actuarial cost of the service to be transferred, as determined by the Plan’s actuary without taking into consideration incidental administrative expenses incurred by the Plan, reduced by the amount of any funds transferred from LACERS to the Plan in connection with the transferred service.
(2) Only Certain Service May Be Transferred. Sworn service that may be transferred shall be limited to prior service with the City in Class Codes 3183, 3185, 3188, and 3198 for which the employee paid contributions and earned service credit with LACERS.
(c) Mode of Adoption. Ordinances adopted pursuant to this section shall be adopted in the same manner as provided in Charter Section 1618(b), but the Council shall be advised in writing by an enrolled actuary as to the cost of the proposed change.
SECTION HISTORY
Added by Charter Amendment B § 1, approved March 5, 2013, effective April 5, 2013.
Amended by: Subsec. (a), Charter Amendment SSS § 9, approved November 8, 2016, effective December 15, 2016; Subsecs. (a) and (b), Charter Amendment FF, approved November 5, 2024, effective January 8, 2025.
(a) Council Authority. Subject to Sections 1709 and 1713, the Council may, by ordinance adopted in accordance with the provisions of this section, and pursuant to applicable provisions of the Charter and the Los Angeles Administrative Code, allow a person who entered City service prior to January 7, 2018, as a Member of the Airport Department, as defined in Section 1702(d), to become a Tier 6 Plan Member in lieu of membership in the Los Angeles City Employees’ Retirement System (LACERS), and to transfer all prior City service from LACERS to Tier 6 after he or she becomes a member of the Plan, provided such person shall continue to make member contributions at the rate applicable to his or her LACERS membership to the extent required by the Internal Revenue Code and as further described in Section 1714(a)(3). Notwithstanding the provisions of Section 1702(r), service transferred pursuant to this section and the implementing ordinance adopted by Council shall count as Years of Service for all Tier 6 purposes.
(1) Purchases Shall Be Cost Neutral. The member shall be required to pay the full actuarial cost of the service to be transferred, as determined by the Plan’s actuary without taking into consideration incidental administrative expenses incurred by the Plan, reduced by the amount of any funds transferred from LACERS to the Plan in connection with the transferred service.
(2) All Prior Service Must Be Transferred. As a condition of making the election to transfer from LACERS to the Plan, a member must transfer all prior service from LACERS to the Plan, including prior City service earned as a contributing member of LACERS and any service purchased from LACERS, and pay the full actuarial cost of the service to be transferred, as determined by the Plan’s actuary and pursuant to requirements of the ordinance adopted in accordance with this section.
(3) Election and Service Purchase Shall Be Irrevocable. A member’s election to enter Tier 6 membership shall be irrevocable after January 7, 2018. A member’s agreement to purchase his or her prior service shall be nonrefundable. Neither the Council nor the Board shall have the authority to revoke or refund a member’s election or purchase, or to allow transfers after January 7, 2018.
(c) Mode of Adoption. Ordinances adopted pursuant to this section shall be adopted in the same manner as provided in Section 1618(b), but the Council shall be advised in writing by an enrolled actuary as to the cost of the proposed change.
SECTION HISTORY
Added by Charter Amendment SSS § 11, approved November 8, 2016, effective December 15, 2016.
Amended by: Subsecs. (a) and (b), Charter Amendment FF, approved November 5, 2024, effective January 8, 2025.
(a) Normal Retirement. Any Tier 6 Member with 20 Years of Service and a minimum age of 50 years, shall be retired by order of the Board from further active duty as a Department Member either upon the filing of his or her written application or upon the filing of a written request by or on behalf of the head of the department in which he or she is a Department Member, if it shall be determined by the Board to be for the good of such department, other than for a cause or reason which would entitle such Tier 6 Plan Member to a disability pension pursuant to Section 1706, and the Board, if it shall so determine, shall state the cause or reason in its order retiring such Plan Member.
(b) Service Pension Benefits for Terminated Employees (Deferred Retirement). Notwithstanding any provisions of this Tier 6, a former Tier 6 Plan Member, who became such because of termination of his or her employment for any reason other than death or retirement on account of disability pursuant to the provisions of Section 1706, and who has completed at least 20 Years of Service, may elect to leave his or her contributions in the Fire and Police Tier 6 Service Pension Fund. Upon reaching the age of 50 years, such former Tier 6 Plan Member shall be entitled to receive service retirement benefits identical to those available under Tier 3, in accordance with the formula set forth in Section 1504(d). The election to leave member contributions in the fund shall be irrevocable and must be in writing, filed with the Board within three years from the date of such termination of employment. Upon the execution and filing of the same, the former Tier 6 Plan Member's individual account shall be credited with an amount equal to all of the regular interest which, had he or she otherwise been entitled to the same, would have been credited thereto between the date of such termination of employment and the date of the filing of such election and thereafter, regular interest shall, until he or she be paid a pension, be credited thereto in the same manner as Tier 6 Plan Members' individual accounts shall be credited. In the event that any such person should die before being paid a pension, the only benefit which shall be paid under the provisions of this Tier 6 is the payment of his or her accumulated contributions, including interest credited thereto, to such persons as may be entitled thereto. Failure to file such an election within three years shall constitute an irrevocable decision not to take the service retirement benefits herein provided.
(c) Pension Amount. The minimum service pension payable pursuant to the provisions of this section shall be paid monthly for life in an amount which shall be equal to 40% of Final Average Salary at age 50 with 20 Years of Service. For each additional Year of Service after 20 years, 3% of Final Average Salary shall be provided per year for years 21 through 25, 4% of Final Average Salary shall be provided per year for years 26 through 30, and 5% of Final Average Salary shall be provided per year for years 31 through 33, but the maximum percentage of Final Average Salary payable, regardless of length of service, shall be 90% of Final Average Salary.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Renumbered by Charter Amendment SSS § 10, approved November 8, 2016, effective December 15, 2016.
(a) Service-Connected Disability. Upon the filing of his or her written application for a disability pension or upon the filing of a written request therefore by or on behalf of the head of the department in which he or she is a Department Member, any Tier 6 Plan Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries received or sickness caused by the discharge of the duties of such person as a Department Member, and who is incapable as a result thereof from performing his or her assigned duties, or those to which he or she would be assigned within the Plan Member's civil service classification if returned to duty, shall be retired by order of the Board from further active duty as a Department Member.
A Tier 6 Plan Member's incapacity is caused by the discharge of his or her duties if there is clear and convincing evidence that the discharge of the Plan Member's duties is the predominant cause of the incapacity.
A Tier 6 Plan Member retired under the provisions of this subsection shall be paid thereafter a monthly service-connected disability pension in an amount which shall be equal to the same percentage of the Plan Member's Final Average Salary as the Board shall determine, from time to time, to be the percentage of his or her disability. Such pension shall be in an amount of not less than 30% and not more than 90% of the Retired Tier 6 Plan Member's Final Average Salary, but in no case shall the pension be less than the equivalent of 2% of Final Average Salary for each Year of Service of the Retired Tier 6 Plan Member.
No Retired Tier 6 Plan Member, while retired pursuant to this subsection, ever shall be paid any pension pursuant to Section 1705 or subsection (b) of this section.
(b) Nonservice-Connected Disability. Upon the filing of his or her written application for a disability pension by a Tier 6 Plan Member who shall have five Years of Service or more, or upon the filing of a written request therefore with respect to such a Tier 6 Plan Member by or on behalf of the head of the department in which he or she is a Department Member, any Tier 6 Plan Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries or sickness other than injuries received or sickness caused by the discharge of the duties of such person as a Department Member, and who is incapable as a result thereof from performing his or her assigned duties or those to which he or she would be assigned within the Plan Member's civil service classification if returned to duty, shall be retired by order of the Board from further active duty as a Department Member. As a further condition of entitlement to such a pension, the Board shall also determine that such disability was not principally due to or caused by voluntary action of the Plan Member intended to entitle him or her to a nonservice-connected disability pension.
A Tier 6 Plan Member retired under the provisions of this subsection shall be paid thereafter a monthly nonservice-connected disability pension in an amount which shall be equal to the same percentage of the Retired Tier 6 Plan Member's Final Average Salary as the Board shall determine, from time to time, to be the percentage of his or her disability, but such pension shall be in an amount of not less than 30% and not more than 50% of the Retired Tier 6 Plan Member's Final Average Salary.
No Retired Tier 6 Plan Member, while retired pursuant to this subsection, ever shall be paid any pension pursuant either to Section 1705 or to subsection (a) of this section.
(c) Determination of Disability. Upon the filing of any written application or request for a disability pension, as referred to in subsections (a) and (b) of this section, the Board:
(1) shall cause the Tier 6 Plan Member to be examined by and a written report thereon rendered by at least three regular licensed and practicing physicians selected by it;
(2) shall hold a hearing with respect to such application or request;
(3) shall receive or hear such other evidence relating to or concerning the Tier 6 Plan Member's disability or claimed disability as may be presented to it.
The Board shall have the power to hear and determine all matters pertaining to the granting and denying of any such application or request for a disability pension. The Board first shall determine whether or not the Tier 6 Plan Member is incapable of performing his or her assigned duties or those to which he or she would be assigned within the Plan Member's civil service classification if returned to duty. If the Board were to determine that he or she is not so incapable, it then shall be the duty of the Board to deny the application or request. If the Board were to determine that he or she is so incapable, it then shall determine, pursuant to the language used in subsections (a) and (b) of this section, whether his or her incapacity or disability is service-connected or nonservice-connected. The Board then shall determine the percentage of his or her incapacity or disability, within the limitations prescribed in subsections (a) and (b) of this section, and shall grant the application or request accordingly. If the Board were to determine that the disability is nonservice-connected, and that the incapacity or disability was principally due to or caused by voluntary action by the Tier 6 Plan Member intended to entitle him or her to a nonservice-connected disability pension, it then shall be the duty of the Board to deny the application or request. The Board upon its own motion or upon the written request of any Retired Tier 6 Plan Member, retired pursuant to subsections (a) or (b) of this section, shall have the power to consider new evidence pertaining to the case of any such Retired Plan Member and to increase or decrease the percentage of his or her incapacity or disability within the limitations prescribed in subsections (a) or (b) of this section but any such increase or decrease shall be based only upon injuries or sickness for which he or she was retired. In the case of any former Tier 6 Plan Member who became such by reason of his or her resignation or discharge as a Department Member, the Board, in order to grant any application filed by him or her for a disability pension, must also determine, in addition to all of the foregoing, that any existing incapacity or disability upon his or her part occurred prior to the termination of his or her active status as a Department Member and had been continuous up to the date of the Board's determinations.
The Board shall use the disability rating schedule adopted for Tier 3 to assist in standardizing disability pension awards or such other disability rating schedule as the Board may thereafter by rule adopt to assist in standardizing disability pension awards.
(d) Termination of Disability Pensions. The Board shall have the power to hear and determine upon its own motion all matters pertaining to the termination or reduction of any disability pension pursuant to the provisions of this subsection.
(1) Pensions Granted to Persons Whose Active Status Terminated By Reason of Retirement. The pension of any Retired Tier 6 Plan Member, retired pursuant to subsections (a) or (b) of this section and whose active status as a Department Member had been terminated by reason of his or her retirement, shall cease when the incapacity or disability for which he or she had been retired shall cease and he or she either:
(A) shall have been restored to active duty as a Department Member in the same permanent rank which he or she had held as of the date of retirement; or
(B) shall have been ordered restored to active duty as a Department Member in such same permanent rank and shall have declined, refused or neglected to report therefore or to perform duties as such.
Provided, however, that any Retired Tier 6 Plan Member who has been retired for more than five years from the date of the Board's action by which he or she was retired may never be restored to active duty as a Department Member. After a Retired Tier 6 Plan Member, who has been retired for more than five years on a service-connected or nonservice-connected disability pension, has been found to be no longer disabled, the Board shall adjust such Retired Tier 6 Plan Member's pension to 30% of his or her Final Average Salary. The adjusted pension shall reflect such cost of living adjustments as would have occurred had the Retired Tier 6 Plan Member's pension originally been based on such adjusted percentage.
(2) Pensions Granted to Former Tier 6 Plan Members. The pension of any Retired Tier 6 Plan Member, retired pursuant to subsections (a) or (b) of this section and whose active status as a Department Member had been terminated by reason of his or her resignation or discharge as such, shall cease when the incapacity or disability for which he or she received a disability pension shall cease.
(e) Periodic Medical Examinations. Except in those instances in which the Board has determined that, due to the nature of the disability, no purpose would be served in having periodic medical examinations to determine whether or not a Retired Tier 6 Plan Member is still disabled, all Retired Tier 6 Plan Members on a disability pension shall undergo medical examinations at periodic intervals, as determined by the Board, for the first five years of their disability retirement. Retired Tier 6 Plan Members who receive disability pensions shall thereafter undergo medical examinations as determined by the Board.
If a Retired Tier 6 Plan Member resides outside of the State of California, the Board shall have the authority to order medical examinations of Retired Plan Members at any place it may determine to be desirable and shall, if it is determined that it would impose hardship on the person to be examined to travel to such place, have the authority to defray the reasonable cost of any such travel required.
(f) Assessing Cost for Missed Medical Appointments. The Board shall have the authority to provide, by rule, for assessing the cost of medical appointments missed by disability pension applicants, or by Retired Tier 6 Plan Members on a disability pension, where such missed appointments were not caused by factors beyond the control of the applicant or Retired Tier 6 Plan Member.
(g) Re-application After Denial of Disability Pension. The Board shall establish reasonable rules governing the re-application by a Tier 6 Plan Member for a disability pension where an application has been denied and a new application has been filed subsequently for the same or similar medical reasons as those which were the basis of a previously denied application. A former Tier 6 Plan Member, whose status as a Department Member had been terminated by reason of his or her resignation or discharge prior to the date that the Board determined to deny the original application, shall have no right to file a new application because the earlier denial, once final, established as a matter of law that he or she did not qualify for disability retirement at the time of the Board's determination.
(h) Transfers Under Civil Service. For a period of one year following the effective date of a Retired Tier 6 Plan Member's disability pension, such Retired Plan Member shall be eligible for status without examination under the provisions of Section 1014 of the Charter in civil service classifications other than those that would entitle him or her to membership in any Tier of the Fire and Police Pension Plan; but the provisions of this subsection shall not apply to former Tier 6 Plan Members whose status as Department Members had terminated by reason of resignation or discharge.
(i) Exclusion for Willful Conduct. In making its determinations and findings relative to subsections (a), (b), and (c) of this section, the Board shall consider whether and to what extent the activity giving rise to the disability of a Tier 6 Plan Member was caused or aggravated by such member's willful misconduct. If the Board finds that the disability was caused or aggravated by such willful misconduct, the Board shall deny the Tier 6 Plan Member's application for a disability pension.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Amended by: Subsecs. (a), (b), Charter Amendment SSS § 12, approved November 8, 2016, effective December 15, 2016.
Any former Tier 6 Plan Member, who became such because of termination of his or her employment for any reason including retirement, who shall believe that he or she is eligible to be paid a pension pursuant to Section 1705 or 1706 of this Tier 6, may file his or her written application for the payment of a pension pursuant to either one of these sections within one year from the date he or she ceased to be a Plan Member, and the Board, if it were to determine that the contingencies provided in this Tier 6 for the payment thereof had happened or occurred as to such former Plan Member prior to the date upon which he or she had ceased to be a 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.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Amended by: Charter Amendment SSS § 13, approved November 8, 2016, effective December 15, 2016.
(a) Pension for Qualified Survivor.
(1) Tier 6 Plan Member's Service-Connected Death. The Qualified Survivor of a Tier 6 Plan Member who shall die by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be paid for life a monthly pension in an amount which shall be equal to 80% of the deceased Plan Member's Final Average Salary.
For the purposes of the benefit provided in this subsection (a)(1), a Tier 6 Plan Member has died by reason of injuries received or sickness caused by the discharge of his or her duties if there is clear and convincing evidence that the discharge of the Plan Member's duties were the predominant cause of his or her death.
(2) Tier 6 Plan Member's Nonservice-Connected Death. The Qualified Survivor of a Tier 6 Plan Member who shall have five or more Years of Service and who shall die while a Department Member, by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be paid for life a monthly pension in an amount which shall be equal to 50% of the deceased Plan Member's Final Average Salary.
(3) Tier 6 Retired Plan Member's Death While on a Service Pension. The Qualified Survivor of a Retired Tier 6 Plan Member, who shall die while he or she is receiving a pension pursuant to Section 1705, shall be paid for life a monthly pension in an amount which shall be equal to 70% of the pension received by the deceased Retired Tier 6 Plan Member immediately preceding the date of his or her death. The benefit described in this subsection (a)(3) may be modified as provided in subsection (b) of this section.
(4) Tier 6 Retired Plan Member's Death While on a Service-Connected Disability Pension. The Qualified Survivor of a Retired Tier 6 Plan Member, who shall die while he or she is receiving a service-connected disability pension pursuant to Section 1706, shall be paid for life a monthly pension in an amount which shall be equal to 80% of the pension received by the deceased Retired Tier 6 Plan Member immediately preceding the date of his or her death, unless the death of the Retired Plan Member occurs within three years after the effective date of his or her pension and is due to service-connected causes, in which case, the Qualified Survivor shall receive, or in a case where an option has been elected pursuant to subsection (b) of this section, may elect to receive, 80% of the Retired Plan Member's Final Average Salary, as modified by the cost of living adjustments made pursuant to Section 1716 of this article since the date of retirement of the Retired Plan Member. The benefit described in this subsection (a)(4) may be modified as provided in subsection (b) of this section.
(5) Tier 6 Retired Plan Member's Death While on a Nonservice-Connected Disability Pension. The Qualified Survivor of a Retired Tier 6 Plan Member, who shall die while he or she is receiving a nonservice-connected disability pension pursuant to Section 1706, shall be paid for life a monthly pension in an amount which shall be equal to 70% of the pension received by the deceased Retired Plan Member immediately preceding the date of his or her death. The benefit described in this subsection (a)(5) may be modified as provided in subsection (b) of this section.
(6) Tier 6 Plan Member's Nonservice-Connected Death While on Military Leave. The Qualified Survivor of a Tier 6 Plan Member who, while on military leave, is killed as a result of the discharge of his or her military duties shall be paid for life, as a nonservice-connected survivor benefit, a monthly pension in an amount which shall be equal to 50% of the deceased Plan Member's Final Average Salary. This benefit shall be paid in lieu of any benefits that would otherwise be payable under subsections (a)(2), (a)(7) or (a)(8) of this section.
(7) Nonservice-Connected Death of Tier 6 Plan Member with Less than Five Years of Service. In the event the Tier 6 Plan Member died of nonservice-connected causes before having completed five years of Service, the Qualified Survivor of the deceased Plan Member, or his or her Minor or Dependent Children if there is no Qualified Survivor, or his or her Dependent Parents if there is no Qualified Survivor and no Minor or Dependent Children, shall be entitled to the Basic Death Benefit described in subsection (a)(8) below.
(8) Basic Death Benefit and Election. The Basic Death Benefit shall consist of: (1) the return of a deceased Tier 6 Plan Member's contributions to the Plan with accrued interest thereon; subject, however to the rights created by virtue of the Tier 6 Plan Member's designation of a beneficiary as otherwise provided in Tier 6; and (2) if the deceased Plan Member had at least one Year of Service, the deceased Plan Member's Final Average Salary multiplied by the number of completed Years of Service, not to exceed six years; provided that said amount shall be paid in monthly installments of one-half of the deceased Plan Member's Final Average Salary.
A Qualified Survivor, or a guardian acting on behalf of the Minor or Dependent Children of a deceased Tier 6 Plan Member if there is no Qualified Survivor, or Dependent Parents if there is no Qualified Survivor and no Minor or Dependent Children entitled to a pension pursuant to any of the provisions of this section, where benefits are based upon the Plan Member's death in active service, may in lieu of the pension provided and before the first payment of such pension, elect to receive the Basic Death Benefit.
(b) Optional Pensions for Qualified Survivor. At any time before the first payment of a service pension, a service-connected disability pension, or a nonservice-connected disability pension, the Tier 6 Plan Member may elect to receive, in lieu of his or her pension as provided in Section 1705 or Section 1706, the actuarial equivalent at that time of such pension and of the pension for the Qualified Survivor, as provided in subsection (a) of this section, by electing an optional pension payable throughout the balance of his or her life, with the provisions that upon his or her death such optional pension shall be continued to the Tier 6 Plan Member's Qualified Survivor in the proportional amount designated by the Plan Member at the time of election of the option provided by this section.
The amount of such optional pension shall be so calculated that the liability of the Fire and Police Pension Plan at the date of retirement under the optional pension shall be equal to the liability of the Fire and Police Pension Plan at the same date under the pension awarded in accordance with the provisions of Section 1705 or Section 1706 and of the survivorship pension provided by subsection (a) of this section. For the purpose of this section, the liability of the Fire and Police Pension Plan is defined as the present value, in accordance with tables adopted by the Board, of the pensions or optional pensions calculated by approved actuarial methods, and recommended by the Board's actuary. In determining the actuarial equivalent of the pension for a Qualified Survivor as provided pursuant to subsection (a)(4) of this section, the equivalent of a survivorship pension of 80% of the retiree's pension shall be used in all cases.
The optional amounts, calculated in accordance with the foregoing paragraph, shall provide a range of optional values such that the amount to be paid to the Qualified Survivor of the Plan Member shall range from 75% to 100% of the pension payable to the Tier 6 Plan Member, varying by increments of 5%.
If a Retired Tier 6 Plan Member, previously retired on a disability pension pursuant to the provisions of Section 1706, should be reinstated to active duty upon termination of his or her disability, the election to receive the optional pension as herein provided, shall be deemed cancelled as of the effective date of such reinstatement.
A Retired Tier 6 Plan Member, previously retired on a disability pension pursuant to the provisions of Section 1706, shall have the right to cancel any option previously elected by him or her pursuant to the provisions of this subsection in the event his or her pension is subsequently adjusted as provided for in Section 1706.
The Board shall by rule provide for a method in which the election to receive an optional pension shall be exercised.
(c) Additional Pension Amounts. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die and leave surviving him or her, in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased member and the Qualified Survivor, then such Qualified Survivor, shall be paid an additional monthly pension in an amount which shall be equal to 25% of the pension he or she as a Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination thereof, and 50% while there are three or more Minor Children or Dependent Children or a combination, and such additional monthly pension shall be the exclusive property of such Qualified Survivor and not the property of any such Minor Child or Dependent Child.
Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die and leave surviving him or her in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children who are not the child or children of the Qualified Survivor, then the guardian(s) or conservator(s), as appropriate, of the estate(s) of any such Minor Child or Children or Dependent Child or Children shall be paid a monthly pension in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination.
Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die and leave surviving him or her, in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased member and the Qualified Survivor and a Minor Child or Children or a Dependent Child or Children not the child or children of the Qualified Survivor, then a monthly pension shall be paid in an amount which shall be equal to 25% of the pension the Qualified Surviving Spouse would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination. The amount of such monthly pension shall be divided by the number of Minor Children or Dependent Children and shall be adjusted accordingly whenever any Minor or Dependent Child shall cease to be such. The Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to the number of his or her Minor Children or Dependent Children and the same shall be her or his exclusive property. The guardian(s) or conservator(s), as appropriate, of the estate(s) of the Minor Children or Dependent Children who are not those of the Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to such Minor Children or Dependent Children and the same shall be the exclusive property of such children.
Any benefits provided in this subsection which are not the property of the Qualified Survivor, but are the property of the Minor Child or Dependent Child, shall not be required to be paid to a guardian or conservator of the Minor Child or Dependent Child if the Minor Child or Dependent Child is an adult who is capable of managing his or her financial affairs, in which case the benefits may be paid directly to such adult Minor Child or Dependent Child. Dependent Child benefits payable under this subsection may also be paid pursuant to the provisions of Charter Section 1238, if applicable.
The additional pension amounts provided in this subsection for persons other than a Qualified Survivor are to be calculated on the basis of the applicable Qualified Survivor pension provided pursuant to subsection (a) of this section, unmodified by any election that may previously have been made pursuant to the provisions of subsection (b) of this section.
Additional pension amounts are also subject to the limitation that the amount of any survivorship pension provided in this section, after the additional payments provided in this subsection are added thereto, may not exceed 100% of the Final Average Salary of the deceased Tier 6 Plan Member or 100% of the Final Average Salary of the deceased Retired Tier 6 Plan Member, as modified by the cost of living adjustments made pursuant to Section 1716 of this Tier 6 since the date of retirement of the Retired Plan Member. In case of such excess, any additional pension amounts shall be reduced to a level where the total amount of pension is equal to such maximum.
(d) Pension for Minor or Dependent Children. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die without leaving a Qualified Survivor, the guardian or conservator, as applicable, of the estate(s) of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension equal to the pension a Qualified Survivor would have been eligible to receive pursuant to subsection (a) of this section had a Qualified Survivor survived such Member. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die leaving a Qualified Survivor who thereafter shall die, the guardian or conservator, as applicable, of the estate(s) of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension equal to the pension a Qualified Survivor would have been eligible to receive pursuant to subsection (a) of this section. In any of the foregoing events and if there were to be more than one Minor or Dependent Child, an equal share of such monthly pension shall be paid for and on behalf of each such child to the guardian or conservator, as applicable, of his or her estate and shall be adjusted as each of them shall cease to be a Minor or Dependent Child in the manner set forth in subsection (c) of this section. If payments are made pursuant to this subsection (d), no additional pension amounts shall be paid pursuant to subsection (c) of this section. With regard to benefits payable to a Minor Child or Dependent Child who is an adult and capable of managing his or her financial affairs, the foregoing provisions requiring payment to a guardian or conservator of such child shall be disregarded and payment may be made directly to such adult child. Dependent Child benefits payable under this subsection may also be paid pursuant to the provisions of Charter Section 1238, if applicable.
(e) Pension for Dependent Parents. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die without leaving a Qualified Survivor or a Minor or Dependent Child, a monthly pension shall be paid to such Dependent Parents or to the survivor of them until each such Dependent Parent shall cease to be such. Any Dependent Parent who shall cease to be such but who thereafter again shall become unable to pay his or her necessary living expenses without a pension shall be entitled to have his or her pension reinstated.
The total amount of a pension payable to the Dependent Parents shall be the same as that to which a Qualified Survivor would have been entitled pursuant to subsection (a) of this section.
(f) Determinations With Respect to Cause of Death and Dependency. The Board shall have the same power as that which has been given to it by Section 1706(c) and (d) in order to determine:
(1) whether a Tier 6 Plan Member's death was service-connected or nonservice-connected for the purposes of Section 1708(a)(1) and (2);
(2) whether or not a child of a deceased Tier 6 Plan Member or Retired Tier 6 Plan Member is a Dependent Child; and
(3) whether or not any parent of a deceased Tier 6 Plan Member or Retired Tier 6 Plan Member is a Dependent Parent.
The Board also shall have the power to determine, from time to time, whether or not a child continues to be a Dependent Child, whether or not a parent continues to be a Dependent Parent and whether or not a Dependent Parent who had ceased to be such thereafter shall have become entitled to have his or her pension reinstated. The Board shall also have the power to determine whether an adult Minor Child or Dependent Child is capable of managing his or her own financial affairs.
(g) Medical Reports and Hearings. The power of the Board to determine whether a Tier 6 Plan Member's death was service-connected or nonservice-connected, as provided in subsection (f) of this section, hereafter may be exercised by it upon the basis of a written report from one regularly licensed and practicing physician selected by it but the Board, in its discretion, may obtain such a report from more than one such physician. The determination hereinbefore referred to in this subsection may, at the option of the Board, be made without a hearing being held pursuant to the provisions of subsection (f) of this section, provided that, should any decision made without a hearing being held adversely affect any person, such person may request and, upon such request, shall be granted a hearing before the Board at which such decision shall be reconsidered.
(h) Distribution of Contributions. Whenever a Tier 6 Plan Member dies prior to retirement without leaving a person or persons entitled to receive a pension pursuant to the provisions of this section, then, and in that event, his or her contributions to the Plan, together with such interest as may have been credited to the Tier 6 Plan Member's individual account shall be paid to such person as he or she shall have nominated by written designation duly executed and filed with the Board or, if there is no such designation, then to the Tier 6 Plan Member's surviving spouse or state-registered domestic partner, or, if none, then to the Tier 6 Plan Member's children, or, if no children, then to the Tier 6 Plan Member's parents. In the event there is no written designation of beneficiary, surviving spouse, state-registered domestic partner, children or parents, then the contributions shall be paid to the executor or administrator of the estate of such deceased Tier 6 Plan Member, or to any other person legally authorized to collect money due the decedent.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Amended by: Subsecs. (a)(3), (b), Charter Amendment SSS §§ 14, 15, approved November 8, 2016, effective December 15, 2016.
(a) Council Authority to Allow Transfers of Police, Airport, Harbor, Recreation and Parks Peace Officer Personnel. The Council may, by ordinance adopted in accordance with the provisions of this section, and pursuant to applicable provisions of the Charter and the Los Angeles Administrative Code, allow a person, actively employed on January 12, 2025, as a sworn peace officer by the Police Department, as defined in Section 1702(b), the Department of Airports, as defined in Section 1702(d), the Harbor Department, as defined in Section 1702(c), or the Department of Recreation and Parks, as defined in Section 1702(e), to become a Tier 6 Plan Member in lieu of membership in Los Angeles City Employees’ Retirement System (LACERS), provided such person shall transfer all prior City service from LACERS to Tier 6 after they become a Tier 6 Plan Member, and continue to make pre-tax member contributions at the rate applicable to their LACERS membership to the extent required by the Internal Revenue Code and as further described in Section 1714(a)(3). Notwithstanding the provisions of Section 1702(r), service transferred pursuant to this section and the implementing ordinance adopted by Council shall count as Years of Service for all Tier 6 purposes.
(b) Requirements for Transfer of City Service. The authority given to the Council to allow the transfer of personnel and prior City service is specifically limited as follows:
(1) Costs Associated with Transfer. The City shall be required to pay the full actuarial cost to transfer personnel and prior City service to Tier 6, as determined by the Plan’s actuary. The actuarial cost shall include costs attributable to the initial transfer of prior City service in addition to all future costs to the Plan attributable to this transfer of membership. This amount shall be reduced by the amount of any funds transferred from LACERS to the Plan in connection with the transferred service, which shall include both employee and employer contributions and any interest credited to an employee’s LACERS account as provided in Section 1162(b).
(2) All Prior City Service Must Be Transferred. As a condition of transferring from LACERS to Tier 6, a Member must transfer all prior City service from LACERS to Tier 6, including prior service earned as a contributing member of LACERS, regardless of the duties performed at the time such service was earned, and any service purchased from LACERS. City service that was previously excluded from transfer pursuant to Section 1703(b)(2) will be transferred to Tier 6 according to the terms and conditions described in Subsection (b)(1) of this section.
(3) Irrevocable Election to Transfer to Tier 6. A Member’s election to transfer into Tier 6 and the transfer of the Member’s City service to Tier 6 shall be irrevocable after January 11, 2026 or after some other date as provided by ordinance, whichever date is earlier. Neither the Council nor the Board shall have the authority to revoke or to allow transfers after either January 11, 2026 or some other date as provided by ordinance, whichever date is earlier.
(c) Mode of Adoption. Ordinances adopted pursuant to this section shall be adopted in the same manner as provided in Section 1618(b), but the Council shall be advised in writing by an enrolled actuary as to the full actuarial cost of the proposed change.
SECTION HISTORY
Added by Charter Amendment FF, approved November 5, 2024, effective January 8, 2025.
(a) Creation of Funds. Subject to Charter Section 1220(b), two entirely separate and distinct funds hereby are created and established for record keeping, actuarial and other administrative purposes related to this Tier 6, one of which shall be known as the "Fire and Police Tier 6 Service Pension Fund" and the other of which shall be known as the "Fire and Police Tier 6 General Pension Fund".
(b) Fire and Police Tier 6 Service Pension Fund. The Fire and Police Tier 6 Service Pension Fund shall consist of:
(1) deductions made pursuant to Section 1714 from the salaries of Tier 6 Plan Members;
(2) all contributions and donations to the Fire Department, the Police Department, the Harbor Department, the Department of Airports, or the Department of Recreation and Parks for services by any Tier 6 Plan Members, except amounts of money donated to provide for any medal or permanent competitive award;
(3) all fines imposed upon Tier 6 Plan Members for violations of rules and regulations of the respective department in which they are Department Members;
(4) proceeds from the sale of unclaimed property as determined by the Board; and
(5) all interest, earnings and profits resulting from investments of such monies.
(c) Fire and Police Tier 6 General Pension Fund. The Fire and Police Tier 6 General Pension Fund shall consist of:
(1) all monies appropriated to the fund by the Council; and
(2) all interest, earnings and profits resulting from investment of such monies.
(d) Use of Funds. The monies in the Fire and Police Tier 6 Service Pension Fund shall be used, other than for the investment thereof, exclusively for the payment of service pensions granted pursuant to Section 1705 and for the refund of contributions as provided in this Tier 6 and such uses as may be authorized by Sections 1220(b) and Section 1220(c), subject to the limitations contained in Section 1220(d). The monies in the Fire and Police Tier 6 General Pension Fund shall be used, other than for the investment thereof, exclusively for the payment of all pensions other than service pensions, such benefits as may be provided by ordinance adopted pursuant to the enabling provisions contained in Section 1718, and such other uses as authorized by Charter Section 1220(b) and (c).
(e) Authorized Transfer Between Funds. In the event that the money in the Fire and Police Tier 6 Service Pension Fund should be insufficient, at any time, to pay all service pensions, then the Board shall have the power and authority to cause the Controller to transfer to the fund sufficient monies therefore from the Fire and Police Tier 6 General Pension Fund, except as otherwise provided by Section 401(h) of the Internal Revenue Code.
(f) Benefits Shall Be a General Obligation of the City. The obligation to pay benefits pursuant to this Tier 6 shall be a general obligation of the City. Charter Section 1210 shall apply to this Tier 6 in a manner substantially identical to its application to Tier 3.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Amended by: Subsecs. (b)(2), (d), Charter Amendment SSS §§ 16, 17, approved November 8, 2016, effective December 15, 2016; Subsec. (b)(2), Charter Amendment FF, approved November 5, 2024, effective January 8, 2025.
Sec. 1711. Authority of City Council to Refund Costs Paid by Members of the Police Department Who Previously Transferred to Tier 6 Pursuant to Section 1703.
(a) Council Authority to Authorize Refunds to Tier 6 Members. The Council may, by ordinance adopted in accordance with the provisions of this section, and pursuant to applicable provisions of the Charter and the Los Angeles Administrative Code, authorize a refund to every Member, actively employed as a Member of the Police Department on January 12, 2025, who previously transferred to Tier 6 pursuant to Section 1703, and purchased any portion of their prior City service or Tier 6 health benefits pursuant to any existing provisions of the Los Angeles Administrative Code. For the purposes of this section, such Tier 6 Members shall be referred to as “Qualifying Tier 6 Member(s).”
(b) Limitations on Authority to Provide Refunds.
(1) Cost Neutrality for Plan. The City shall be required to issue payment to the Plan in an amount that covers the full cost of refunds that will be issued to Qualifying Tier 6 Members pursuant to any ordinance adopted pursuant to this section. The City shall make this payment in advance of the Plan’s issuing any refunds. This payment may be made at the same time as the City’s first annual contribution to the Plan that immediately follows the effective date of the ordinance adopted pursuant to this section.
(2) Payment Source and Method. The Plan shall refund to a Qualifying Tier 6 Member all monies paid to purchase any portion of City service or Tier 6 health benefits pursuant to any existing provisions of the Los Angeles Administrative Code, whether purchased by a lump sum or payment plan. All payments issued pursuant to this subsection may be made prior to a Qualifying Tier 6 Member’s separation in a manner consistent with the Internal Revenue Code, either as a rollover, a trustee-to-trustee transfer, or a post-tax payment. Any personal tax consequences will be borne by the Qualifying Tier 6 Member.
(3) No Interest. Notwithstanding any language to the contrary in Section 1714 or in any existing provisions of the Los Angeles Administrative Code, the Plan shall not pay interest on any refund issued pursuant to this section, other than interest calculated according to Section 1714(c) that is attributable to a refund authorized by this section.
(4) Nonrefundable LACERS Member Contributions. Notwithstanding any language to the contrary in any existing provisions of the Los Angeles Administrative Code, a Qualifying Tier 6 Member shall not receive a refund for member contributions transferred from LACERS to the Plan to purchase City service or Tier 6 health benefits.
(5) Termination of Payment Plans. Effective January 12, 2025, any payment plan between the Plan and a Qualifying Tier 6 Member entered into pursuant to any existing provisions of the Los Angeles Administrative Code shall be terminated. The balance of any outstanding payments owed by a Qualifying Tier 6 Member to purchase prior City service pursuant to any existing provisions of the Los Angeles Administrative Code shall be forgiven and no longer owed.
SECTION HISTORY
Added by Charter Amendment FF, approved November 5, 2024, effective January 8, 2025.
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