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Should any member of the Firefighters' Pension Fund who has 15 or more years of credited service cease to be employed by the city as a firefighter prior to becoming eligible for voluntary retirement benefits, for any reason except to become a retirant or death, that person shall remain a member during the period of absence from city service for the exclusive purpose only of receiving a superannuation retirement pension provided for in § 39.315. The pension shall begin on the first day of the calendar month next following the month in which the member files an application for pension with the board on or after attainment of age 60 years. If the member withdraws all or part of his or her accumulated contributions, that person shall thereupon cease to be a member and shall forfeit all rights in and to a deferred pension provided for in this section.
(1957 Rev. Ords., § 2.1117; 1992 Code, § 35-97) (Ord. 110-89, passed 10-16-1989; Ord. 118-16, passed 12-20-2016)
(a) Prior to the effective date of retirement, but not thereafter, a member may elect to receive a firefighter's pension as an option 1 pension payable for life or may elect to receive the actuarial equivalent of option 1 pension in a reduced pension and nominate a beneficiary, in accordance with the provisions of option 2, 3, 4 or 5 as set forth in this section. If a member does not elect an option, the pension shall be paid under option 1.
(1) Option 1. Under option 1, if a retirant dies before receiving in pension payments an aggregate amount equal to the retiree's accumulated contributions account at the time of retirement, the difference between the accumulated contributions account and the aggregate amount of pension payments received shall be paid from the pension fund to that person as shall have been nominated by written designation duly executed and filed with the board. If there is no designated person surviving the retirant, the difference, if any, shall be paid to the retirant's legal representative.
(2) Option 2. Under option 2, upon the death of a retirant, the reduced pension shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement.
(3) Option 3. Under option 3, upon the death of a retirant, one-half of the reduced pension shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement.
(4) Option 4. Under option 4, upon the death of a retirant, the reduced pension shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement. If the nominated beneficiary dies first, the retirant shall, upon the death of the nominated beneficiary, begin to receive a pension equal to the option 1 pension which would have been payable had no option been elected.
(5) Option 5. Under option 5, upon the death of a retirant, one-half of the reduced pension shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement. If the nominated beneficiary dies first, the retirant shall, upon the death of the nominated beneficiary, begin to receive a pension equal to the option 1 pension which would have been payable had no option been elected.
(b) Notwithstanding any provision to the contrary, the pension fund shall pay all benefits in accordance with a good faith interpretation of the requirements of § 401(a)(9) of the Internal Revenue Code and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code.
(1957 Rev. Ords., § 2.1118; 1992 Code, § 35-98) (Ord. 96-87, passed 11-16-1987; Ord. 110-90, passed 12-3-1990; Ord. 118-16, passed 12-20-2016)
Upon the application of a member, or by the department head of the fire department on behalf of a member who becomes totally and permanently incapacitated for duty as a firefighter in the service of the city, a firefighter, by reason of a personal injury or disease, may be retired by the board of trustees, provided, that after a medical examination of the member made by or under the direction of the medical committee, the medical committee certifies to the board of trustees, by majority opinion in writing, that:
(a) The member is mentally or physically totally incapacitated to perform the duties of the member’s fire department classification;
(b) The incapacity will probably be permanent; and
(c) The member should be retired.
(1957 Rev. Ords., § 2.1119; 1992 Code, § 35-99) (Ord. 108-85, passed 12-2-1985; Ord. 36-95, passed 3-6-1995)
(a) A member who retires on account of disability, as provided in § 39.318, with ten or more years of credited service in the Firefighters' Pension Fund, when the disability is found to be caused by reasons of a personal injury or disease having occurred as the result of causes arising other than in the course of his or her actual performance of duty as a firefighter, shall receive a primary disability pension computed the same as in § 39.315. In no case shall the primary disability pension be less than 20% of a firefighter's salary. The primary disability pension shall be subject to § 39.320. Upon application for retirement, the member applicant shall have the right to elect an option provided for in § 39.317.
(b) A member who retires on account of disability, as provided in § 39.318, regardless of credited years of service with the Firefighters' Pension Fund, when the disability is found to be caused by reasons having occurred as the natural and proximate result of causes arising in whole or in part out of and in the course of his or her employment with the city, shall receive a primary disability pension as calculated in § 39.315 with no less than ten years of credited service. In no case shall the primary disability pension be less than 50% of a firefighter's salary. Unless the board determines that the retirement, including any retirement for which application is currently pending, is the result of an injury described in SDCL 9-16-45, the recipient must be receiving workers' compensation on account of this injury. The primary disability pension shall be subject to §§ 39.320 and 39.321. Upon application for retirement, the member shall have the right to elect an option provided for in § 39.317 applicable to the member's primary disability pension, provided that if any benefits become payable under § 39.322 on account of the death of a disability retirant the pension payable or to be paid to the survivor beneficiary under either option 2 or 3 shall terminate.
(1957 Rev. Ords., § 2.1120; 1992 Code, § 35-100) (Ord. 108-85, passed 12-2-1985; Ord. 110-89, passed 10-16-1989; Ord. 88-91, passed 11-25-1991; Ord. 126-99, passed 12-13-1999; Ord. 118-16, passed 12-20-2016)
(a) At least once each year during the first five years following the retirement of a member of the Firefighters' Pension Fund with a disability pension, and at least once in each three-year period thereafter, the board shall have the retirant, who has not attained age 55 years, undergo a medical examination to be made by or under the direction of a physician designated by the board. If the retirant refuses to submit to a medical examination in any period, the board may suspend that retirant's pension until the refusal is withdrawn. Should the refusal continue for one year, the board may discontinue the pension. If upon a medical examination of a retirant, the physician reports to the board that the retirant is physically able and capable of resuming employment with the city as a firefighter, and the report is concurred in by the board, the retirant shall be restored to active service with the city at the same or equivalent rank held at the time of the disability retirement, and the disability pension shall be discontinued.
(b) A disability retirant restored to active service in the employ of the city shall again become a member of the pension fund. Credited service at the time of the retirement shall be restored to full force and effect and service credit shall be given for any period the retirant was in receipt of workers' compensation on account of the disability arising out of city service.
(1957 Rev. Ords., § 2.1121; 1992 Code, § 35-101) (Ord. 108-85, passed 12-2-1985; Ord. 118-16, passed 12-20-2016)
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