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Newport, KY Code of Ordinances
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RETIREMENT AND BENEFIT FUND
§ 38.040 DEFINITIONS.
   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)
§ 38.041 APPLICATION.
   All City employees’ pension and retirement funds presently existing and in operation pursuant to the statutory law and ordinances shall be operated under the provisions hereof beginning with March 1, 1965, and thereafter.
(1995 Code, § 2.88.020)
§ 38.042 TRANSITIONAL PROVISION.
   (A)   Members of City employees’ pension fund retired by reason of age or disability and the widows or other dependents drawing funds from the fund shall be continued upon the same terms and conditions as were in operation at the time they began to draw their compensation.
   (B)   Members of the City employees’ pension fund, together with those who hereafter become members, and their widows and other dependents shall draw compensation pursuant to the provisions hereof.
(1995 Code, § 2.88.030)
§ 38.043 FUND ESTABLISHED.
   (A)   There is established in the City a retirement and benefit fund for employees of the City, their dependents and beneficiaries. The fund is established forthwith and shall be known as the “Employees Retirement Fund of the City of Newport, Kentucky.”
   (B)   (1)   In such name, its business shall be transacted, its moneys invested and its accumulated reserves consisting of cash, securities and other property held.
      (2)   It shall receive all assets, cash, securities and other property presently held by the trustees of an existing fund.
(1995 Code, § 2.88.040)
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