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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)
Any amounts which may be paid or payable under the provisions of any workers’ compensation orsimilar law to a member retirant, beneficiary or to dependents of any member, retirant or beneficiary, on account of a disability or death of a member or retirant, shall be offset against and payable in lieu of any pension payable as provided in this subchapter. If any member, retirant, beneficiary or the dependents of any member, retirant or beneficiary become entitled to a pension, payable from the pension fund, as the result of an accident or injury caused by the act of a third party, the city shall be subrogated to the rights of the member, retirant, beneficiary and the dependents of the member, retirant or beneficiary against the third party to the extent of benefits which the city or the pension fund pays or becomes liable to pay on account of the accident or injury.
(1957 Rev. Ords., § 2.1122; 1992 Code, § 35-102)
(a) In either case (division (a)(1) or (a)(2) below), the death, injury, or disease resulting in death is found by the board to have been the result of his or her actual performance of duty in the service of the city, the applicable benefits provided in divisions (b)(1) through (b)(5) below shall be paid, provided that the pensions provided for (in divisions (b)(2) through (b)(5) below) shall be subject to the conditions that workers' compensation is paid on account of the death of the member; and provided further that the pensions shall be subject to division (b)(6) below and to § 39.321:
(1) If a member dies as the result of a personal injury or disease arising solely and exclusively out of and in the course of employment with the city as a firefighter; or
(2) If a disability retirant dies, within a period of five years from and after the effective date of retirement and prior to his or her voluntary retirement age, as the result of the same injury or disease for which he or she was retired.
(b) (1) If the person dies prior to retirement, his or her accumulated contributions account at the time of his or her death shall be paid to the person as he or she shall have nominated by written designation duly executed and filed with the board. If there is no designated person surviving the member, his or her accumulated contributions shall be paid to his or her legal representative.
(2) If the deceased person leaves a spouse, the spouse shall receive a pension of one-third of a firefighter's salary. Upon the spouse's death, the pension shall terminate.
(3) If, in addition to a spouse who is entitled to a pension payable from the pension fund, the deceased person leaves an eligible child or an eligible handicapped child, each child shall receive a pension of an equal share of one-fourth of a firefighter's salary. A child's pension shall terminate upon the attainment of age 18 years, or adoption or marriage or death. A handicapped child's pension shall terminate upon adoption, marriage, full recovery from handicap or death. Upon termination of a child's or handicapped child's pension, the board shall redistribute the one-fourth of a firefighter's salary to the remaining eligible children, provided, however, the minimum benefit for this division (b)(3) shall be $200 per month for each eligible child.
(4) If the deceased person does not leave a spouse, or if the spouse dies and an eligible child or eligible handicapped child survives, the child shall each receive a pension of one-fourth of a firefighter's salary, provided that, if there are more than two surviving children under age 18 years, each child shall receive a pension of an equal share of one-half of a firefighter's salary. Upon termination of a child's or handicapped child's pension as provided in division (b)(3) above, the board shall redistribute the one-half of a firefighter's salary to the remaining eligible children, provided that, in no case shall any child's pension be more than one-fourth of a firefighter's salary, provided, however, the minimum benefit for this division (b)(4) shall be $200 per month for each eligible child.
(5) If the deceased person leaves neither a spouse nor children eligible to receive pensions under this section, there shall be paid to each his or her father and mother, or either of them, a pension of one-sixth of a firefighter's salary, provided, the board finds that either or both his or her father and mother were dependent upon the person, at the time of death, for at least 50% of his or her support through absence of earning power due to physical or mental incapacity. Upon the remarriage or death of a parent, his or her pension shall terminate.
(6) Wherever the word SPOUSE is used in this section, it shall mean the person to whom the person was married at the time his or her employment with the city as a firefighter last terminated.
(7) Notwithstanding any provision in the pension fund to the contrary, distributions upon the death of a member shall be made in accordance with the following requirements and shall otherwise comply with Internal Revenue Code § 401(a)(9) and the rulings pertaining thereto. If it is determined that the distribution of a member's interest has begun and the member dies before the entire interest has been distributed to the member, the remaining portion of the interest shall be distributed at least as rapidly as under the method of distribution selected by the member at retirement. If a member dies before beginning to receive any distributions of the interest under the pension fund, then any death benefits shall be distributed to the beneficiaries by December 31 of the calendar year in which the fifth anniversary of the date of death occurs. However, the five-year distribution requirement shall not apply to any portion of the deceased member's interest which is payable to or for a designated beneficiary. In that event, the portion may be distributed over the life of the designated beneficiary (or over a period not extending beyond the life expectancy of the beneficiary), provided the distributions begin not later than December 1 of the calendar year immediately following the calendar year in which the member died.
(8) Any death benefit payable under this section shall be compared with the death benefits payable under § 39.323, and the higher death benefit shall be paid.
(1957 Rev. Ords., § 2.1123; 1992 Code, § 35-103) (Ord. 49-80, passed 6-9-1980; Ord. 110-89, passed 10-16-1989; Ord. 110-90, passed 12-3-1990; Ord. 104-92, passed 12-7-1992; Ord. 118-16, passed 12-20-2016)
(a) A member who continues in city service as a firefighter on or after the date the member acquires ten years of credited service and dies while in the service of the city, and leaves a spouse, the spouse shall receive a pension computed in the same manner in all respects as if the member had retired effective the day preceding the date of the death, notwithstanding that the member may not have attained the voluntary retirement age, elected option 2 provided for in § 39.317 and nominated the spouse as beneficiary. The spouse’s pensions shall be subject to § 39.321, and shall terminate upon death. No pension shall be paid under this section on account of the death of a member if any benefits are paid under § 39.322 on account of the member’s death. Any benefits paid under this section shall comply with the distribution rules in § 39.322(b)(7).
(b) In addition to the pension benefit, if any, payable to the deceased member’s spouse, their eligible child or children or eligible handicapped child shall each receive a pension of $200 per month, and shall be subject to § 39.321. A child’s pension shall terminate upon attainment of age 18, adoption, marriage or death. A handicapped child’s pension shall terminate upon adoption, marriage, full recovery from handicap or death. No benefits shall be paid under this division (b) on account of the death of a member if any benefits are or will become payable under § 39.322 on account of the member’s death.
(1957 Rev. Ords., § 2.114; 1992 Code, § 35-104) (Ord. 49-80, passed 6-9-1980; Ord. 110-89, passed 10-16-1989; Ord. 110-90, passed 12-3-1990; Ord. 104-92, passed 12-7-1992)
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