For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVERAGE SALARY. The highest average annual salary of the member for the 3 years of service wherein the member drew his or her highest annual salary.
BOARD. The Board of Trustees provided herein as the agency responsible for the direction and operation of the affairs and business of the fund.
EMPLOYEE. Any person employed in the conduct of municipal affairs who is in the classified service of the City and has been duly appointed under civil service regulations, exclusive of police officers and firefighters.
FISCAL YEAR. The fiscal year of the fund coincides with the fiscal year of the City.
FUND. The Employee’s Retirement Fund of the City of Newport, Kentucky.
MEMBER. Any employee of the City who is included in the membership of the fund.
MEMBERSHIP SERVICE. Service rendered on or after the effective date of this subchapter.
OCCUPATIONAL DEATH. Death due to occupational causes including, but not limited to injury or disease.
SERVICE. Actual employment by the City for salary or compensation or service otherwise creditable as herein provided.
TOTAL DISABILITY. A disability which substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation in the service of the department that he or she would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely.
TOTAL SERVICE. Prior service, membership service and military service.
WIDOW.
(1) A woman legally married to an employee at the time of his or her retirement or married to the employee for a period of 5 years before his or her death, where there has been no decree of divorce of any kind dissolving the marriage and where the surviving spouse of the deceased employee, voluntarily abandoned him.
(2) Upon the death of a member, due to occupational causes, the 5-year marriage provision shall not apply.
(3) The term WIDOW includes WIDOWER.
(1995 Code, § 2.88.010)