Loading...
REGIONAL AIRPORT AUTHORITY
(A) The Louisville/Jefferson County Regional Airport Authority is hereby created pursuant to KRS 183.132.
(B) Members of the Regional Airport Authority shall be appointed by the Mayor with the approval of the Metro Council.
(1994 Jeff. Code, § 32.085) (Jeff. Ord. 20-1984, adopted and effective 7-5-1984; Lou. Metro Am. Ord. No. 43-2003, approved 3-17-2003)
POLICE PENSION FUND
(A) Each sworn member of the Louisville/Jefferson County Department of Police who has reached age 62, and each member of the Louisville/Jefferson County Department of Fire working in the following areas: fire suppression, fire training, and arson investigation, who has reached age 62 shall be subject to compulsory retirement; provided, however, that any member subject to compulsory retirement shall have the option of applying for exemption therefrom on the basis that he or she continues to be physically capable of performing the duties of his or her position. Such application shall be made to the Metro Government Civil Service/Merit Board at least 30 days before the member reaches the age of mandatory retirement. The staff of the Metro Government Civil Service/Merit Board shall prepare and administer appropriate tests to determine whether the member continues to be physically capable of performing police or firefighting duties. If the member is found to be so capable, compulsory retirement shall be postponed for a period of one year, upon which time the member may reapply for exemption from compulsory retirement under the procedures of this section. If the member is found not to be so capable, he or she shall be subject to mandatory retirement. Nothing contained in this section shall prevent any member having the required service qualifications from requesting retirement at any time. In no event shall exemption from compulsory retirement be granted beyond the age of 70.
(B) The procedure for administration of the test described in the preceding subsection shall be as follows:
(1) When a member reaches age 61, the Metro Government Civil Service/Merit Board shall notify him or her that he or she is eligible for voluntary testing to determine physical capabilities of performing his or her duties. The member shall be informed at this time that the results of any test taken pursuant to this notice will remain confidential and will not be disclosed to the Metro Government or the Metro Government Civil Service/Merit Board except upon court order. The member shall be informed that he or she will receive the counseling session, if he or she desires, to interpret the findings and to set goals and advise him or her concerning a ban to reach these goals, concerning his or her physical ability to perform these duties.
(2) Upon receipt of an application for exemption from compulsory retirement under subsection (A) above, as the member approaches the age of 62 years, the Metro Government Civil Service/Merit Board shall schedule and refer the member for testing by a qualified expert to determine whether the member continues to be physically capable of performing his or her duties. The results of the test at this time shall be provided to the Metro Government and the Metro Government Civil Service/Merit Board as well as to the applicant. Should the results of the test be negative, the applicant shall be entitled to additional counseling to interpret the findings of the test, to set goals and to establish a means to reach such goals, to achieve physical capability to perform his or her duties. Following the administration of the test described in this subsection (B)(2), the applicant shall not be subject to compulsory retirement until he or she has had a final opportunity to undergo testing as set forth in subsection (B)(3) below.
(3) Should the test results from the test administered under subsection (B)(2) above have been negative, and should the member have exercised his or her option for retesting as outlined above, the member shall be referred for a final test six months after the administration of the test described in subsection (B)(2) above. The test at this time shall be the same as that administered pursuant to subsection (B)(2) above. If the member is found at this time to be capable of performing his or her duties, he or she shall be granted exemption from compulsory retirement for one year from the date of his or her birthday, and shall be subject thereafter to the requirements of subsection (A) above. Should the results of any test administered pursuant to this subsection (B)(3) be negative, the member shall thereupon be subject to compulsory retirement upon 30 days' notice.
(1999 Lou. Code, § 36.099) (Lou. Ord. No. 80-1988, approved 4-15-1988; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
(A) There was established and is continued under authority of KRS 95.290 a retirement and benefit fund for certain members of the Police Department, their dependents, and beneficiaries which is known as the City of Louisville Policemen's Retirement Fund. In such name all of its business shall be transacted, all of its moneys invested, and all of its accumulated reserves, consisting of cash, securities, and other property, shall be held.
(B) Any pension fund established under the provisions of this subchapter shall be held or distributed for, and only for, any of the following purposes:
(1) Paying pensions under applicable ordinances;
(2) Making payments to the Metro Government for transfer to the County Employees Retirement System for alternate participation pursuant, to KRS 78.530(3)(a) and KRS 78.531(2);
(3) Transferring pension assets through investment contract or other financial instrument for the purpose of amortizing unfunded service liabilities;
(4) Payment from the Metro Government to the County Employees Retirement System for future pension contributions required pursuant to KRS 61.565; and
(5) Payment to the Metro Government of excess funds as provided in subsection (C) of this section.
(C) If police officers elect entry into the County Employees Retirement System and thereby create excess funds over those required to provide for the purposes set forth in subsection (B)(1), (B)(2), and (B)(3) of this section (such as, the payment of pension benefits to the remaining active members of the Policemen's Retirement Fund and to retirees and their survivors and the city's alternate participation liability to the County Employees Retirement System), these excess funds shall be distributed to the Metro Government for use by the Metro Government for any other purpose it may elect, including, but not limited to, the establishment of a reserve for payment under subsection (B)(4) of this section.
(D) (1) After May 1, 1986, each new police officer who would have been granted membership in the Policemen's Retirement Fund shall be a member of the County Employees Retirement System. Each member of the Policemen's Retirement Fund who was hired prior to May 1, 1986, may, on or before the date established by the County Employees Retirement System, choose membership in the County Employees Retirement System (which shall be effective May 1, 1986) or may retain membership in the Policemen's Retirement Fund. Pursuant to the requirement imposed by the County Employees Retirement System, any police officer who elects to transfer into the County Employees Retirement System shall choose membership in the County Employees Retirement System by signing an election form provided by the County Employees Retirement System. The Metro Government shall have the right to require sufficient documentation from each police officer to verify the police officer's election into the County Employees Retirement System. If a police officer fails to verify his or her election to the reasonable satisfaction of the city or if a police officer's benefits in the Policemen's Retirement Fund are pledged, assigned, or otherwise alienated and are not available for distribution to the County Employees Retirement System on the date the Metro Government makes its first payment to the County Employees Retirement System pursuant to KRS 78.530(3)(a) and KRS 78.531(2), the police officer's election into the County Employees Retirement System shall be void and of no effect and no funds shall be transferred from the Policemen's Retirement Fund to the County Employees Retirement System on behalf of the police officer.
(2) When the Metro Government is reasonably satisfied that a police officer has made a valid election into the County Employees Retirement System, the Metro Government shall notify the Board of the name of each police officer who is transferring into the County Employees Retirement System and is withdrawing from the Policemen's Retirement Fund. The Metro Government shall have the right to require the Policemen's Retirement Fund to transfer assets to the Metro Government for payment of all or any portion of the obligation to the County Employees Retirement System for alternate participation pursuant to KRS 78.530(3)(a) and KRS 78.531(2) with respect to those police officers who have made a valid election.
(3) If the Metro Government or the Policemen's Retirement Fund should incur any liability, expense, loss, or cost, including but not limited to attorneys' fees, as a result of the fact that a police officer's benefits in the Policemen's Retirement Fund are pledged, assigned, or otherwise alienated and are not available for distribution to the County Employees Retirement System, the police officer shall indemnify and hold the Metro Government and the Policemen's Retirement Fund harmless for any liability, expense, loss, or cost, including but not limited to attorneys' fees.
(E) (1) The Metro Government elects the alternate participation plan, pursuant to KRS 78.530(3), for police officers who transfer to the County Employees Retirement System. The Metro Government may, at its option, extend the payment period for the cost of alternate participation for a maximum of 20 years with interest to be payable on the outstanding balance at the rate actuarially assumed by the Board of Trustees of the County Employees Retirement System.
(2) In the event the Metro Government decides to defer the payment of its alternate participation liability to the County Employees Retirement System pursuant to KRS 95.290(5), the amount of the alternate participation liability shall be transferred to a separate alternate participation fund within the Policemen's Retirement Fund and all income and principal with respect to this fund shall be reserved for payment to the Metro Government. The Metro Government may use any assets distributed to it from this fund to pay its liability to the County Employees Retirement System for alternate participation or, to the extent the fair market value of the assets in the fund exceeds the city's alternate participation liability to the County Employees Retirement System, the assets may be used by the city for any other purpose it may elect. The Metro Government shall have the right, at any time, to require the Board to liquidate and transfer, or transfer in kind, any or all of the assets in the alternate participation fund for immediate payment to the Metro Government. No less than annually, the Metro Government shall provide an investment program to the Board regarding the investment of the assets in the alternate participation fund.
(F) All police officers who become members of the County Employees Retirement System shall be granted hazardous duty coverage.
(G) Notwithstanding the provisions of KRS 61.565, which relate to the contributions required of participating employers, the Metro Government shall have the right to enter into agreement with its employees or with their respective collective bargaining representatives. This agreement may include, but is not limited to, specifications of what portion of the required employer contribution shall be borne by the Metro Government and what portion shall be borne by the participating employee. This provision in no way modifies the Metro Government's obligation to remit the contributions required by the County Employees Retirement System pursuant to KRS 61.565, whether those contributions are borne by the Metro Government or by its employees.
(H) The Metro Government reserves the right to amend the terms and conditions of its participation in the County Employees Retirement System in accordance with the provisions of KRS 95.290(7).
(I) Pursuant to §§ 35.180 through 35.183, the members of the Board shall be indemnified by the Metro Government for any and all claims, liabilities, costs, and expenses incurred by them which result from or arise out of their good faith performance of the duties and obligations imposed by the provisions of Chapter 36, including without limitation, any and all claims, liabilities, costs, and expenses resulting from or arising out of the Board's following the investment program provided by the Metro Government.
(1999 Lou. Code, § 36.100) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 203-1986, approved 6-26-1986; Lou. Am. Ord. 0157-2002, approved 12-26-2002; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 127-2005, approved 8-29-2005)
The purpose of this Fund is to provide retirement annuities and disability benefits for the members of the Police Department and spouse annuities and other benefit to the dependents of such members to the end that the members may accumulate reserves for themselves and their dependents to meet, without prejudice or hardship, the hazards of old age, disability, death, and termination of service, thereby encouraging qualified personnel to enter and remain in the service of the Police Department.
(1999 Lou. Code, § 36.101) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVERAGE SALARY. The sum of the three highest fiscal years of annual base salary of the member, as established in the Metro Government employees classification and compensation ordinance divided by 36 months.
BASE SALARY. The annual base salary established in the Metro Government employees classification and compensation ordinance.
BOARD. The Board of Trustees provided for herein as the agency responsible for the direction and operation of the affairs and business of the Fund. The Board shall hold title to all assets of the Fund and shall have exclusive authority relating to investment of the assets of the Fund, including contracting with investment advisors or managers to perform investment services as deemed necessary and prudent by the Board.
CIVILIAN EMPLOYEE. Any employee of the Police Department, other than a duly sworn patrolman or commanding officer of the Police Department.
FUND. The Policemen's Retirement Fund of the City of Louisville.
MEMBER. Any member of the Police Department who is included in the membership of the Fund.
MEMBERSHIP SERVICE. Service rendered on or after the date of establishment.
METRO GOVERNMENT. The Louisville/Jefferson County Metro Government, which shall include reference to the antecedent political subdivision "City of Louisville" as reference herein may be applicable.
OCCUPATIONAL DEATH. Death due directly to occupational disability as herein defined.
OCCUPATIONAL DISABILITY. Any physical hurt resulting from external force or violence occasioned by any act of police duty as an active member of the Police Department inherently involving special risk not ordinarily assumed by a citizen in the ordinary walks of life, imposed on a member of the Police Department by the statutes of the state or any ordinances or police rules or regulations of the Metro Government, or any act of heroism performed by such member having for its direct purpose the saving of life or property in the discharge of police duty, or any other disability which may directly be attributable to any act or acts of police duty as herein defined. The finding of disability for workers' compensation shall not be deemed presumptive evidence of disability for the purposes of this Pension Fund.
POLICE DEPARTMENT.
The City of Louisville Department of Police, or successor agency, Louisville Metro Police Department, as applicable
.
PRIOR SERVICE. Service rendered prior to the date of establishment.
SERVICE. Actual employment by the Police Department for salary or compensation, or service otherwise creditable as herein provided.
TOTAL SERVICE. Prior service, membership service, and military service.
(1999 Lou. Code, § 36.102) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 102-1977, approved 10-5-1977; Lou. Am. Ord. No. 169-1985, approved 7-12-1985; Lou. Am. Ord. No. 203-1986, approved 6-26-1986; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 127-2005, approved 8-29-2005)
(A) Membership of the Policemen's Retirement Fund shall consist of those persons who became full-time members of the Police Department on or after the date the City Policemen's Retirement Fund was established and who, prior to May 1, 1986, became members as a condition of employment and who did not choose membership in the County Employees Retirement System.
(B) No police officer hired after May 1, 1986, shall be eligible for membership in the Policemen's Retirement Fund, but shall be eligible for membership in the County Employees Retirement System in accordance with § 32.111 of this subchapter and with KRS 95.290.
(1999 Lou. Code, § 36.103) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 203-1986, approved 6-26-1986; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)
Loading...