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Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
CHAPTER 30: CITY COUNCIL
CHAPTER 31: DEPARTMENTAL ORGANIZATION
CHAPTER 32: CITY ORGANIZATIONS
CHAPTER 33: EMERGENCY MANAGEMENT
CHAPTER 34: ETHICS
CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD
CHAPTER 36: FINANCES
CHAPTER 37: TAXATION
CHAPTER 38: ELECTIONS
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS
GENERAL PROVISIONS
HUMAN RESOURCES DEPARTMENT
CIVIL SERVICE; GENERALLY
CIVIL SERVICE BOARD
APPOINTIVE OFFICERS
CLASSIFICATION AND PAY PLAN
LEAVE PROGRAM; GENERALLY
VACATION LEAVE
SICK LEAVE
EMPLOYEE’S RETIREMENT SYSTEM; GENERALLY
EMPLOYEE’S RETIREMENT SYSTEM; BOARD OF TRUSTEES
FIREFIGHTERS’ PENSION FUND; GENERALLY
§ 39.305 DEFINITIONS.
§ 39.306 OFFICERS OF PENSION FUND.
§ 39.307 COMPOSITION OF MEMBERSHIP.
§ 39.308 TERMINATION OF MEMBERSHIP.
§ 39.309 CREDITED SERVICE.
§ 39.310 MILITARY SERVICE CREDIT.
§ 39.311 MEMBERS’ SERVICE ACCOUNTS.
§ 39.312 VOLUNTARY RETIREMENT.
§ 39.313 EARLY RETIREMENT; REDUCTION OF BENEFIT.
§ 39.314 NORMAL RETIREMENT.
§ 39.315 SUPERANNUATION PENSION GENERALLY AND BENEFIT LIMITS.
§ 39.316 DEFERRED SUPERANNUATION RETIREMENT PENSION.
§ 39.317 RETIREMENT PENSION OPTIONS.
§ 39.318 DISABILITY INCURRED.
§ 39.319 DISABILITY PENSIONS.
§ 39.320 CONDITIONS AFFECTING DISABILITY RETIRANTS.
§ 39.321 WORKERS’ COMPENSATION OFFSET.
§ 39.322 DEATH IN LINE OF DUTY.
§ 39.323 NATURAL DEATH BENEFITS.
§ 39.324 REFUND OF ACCUMULATED CONTRIBUTIONS.
§ 39.325 ACCUMULATED CONTRIBUTION ACCOUNTS.
§ 39.326 PENSION FUND CONTRIBUTIONS.
§ 39.327 PENSION FUND PAYMENTS.
§ 39.328 CREDITING OF STATE CONTRIBUTIONS, GIFTS AND THE LIKE.
§ 39.329 PRORATE OF PENSIONS.
§ 39.330 PENSIONS PREVIOUSLY ALLOWED.
§ 39.331 ADMINISTRATIVE EXPENSES.
§ 39.332 INVESTMENT OF FUNDS.
§ 39.333 METHOD OF MAKING PAYMENTS.
§ 39.334 ALLOWANCE OF REGULAR INTEREST.
§ 39.335 ASSIGNMENTS PROHIBITED.
§ 39.336 ERRORS.
§ 39.337 REDETERMINATION OF PENSIONS.
§ 39.338 CHANGE IN EMPLOYEE CONTRIBUTION LEVELS.
§ 39.339 LIMITS OF CONTRIBUTIONS.
§ 39.340 CHANGES OR MODIFICATIONS OF BENEFITS; ACTUARIAL STATEMENT.
§ 39.341 RECORDS; INFORMATION FURNISHED TO ADMINISTRATOR.
§ 39.342 GROUP INSURANCE DEDUCTION.
§ 39.343 REMARRIAGE OF SURVIVING SPOUSE.
§ 39.344 TERMINATION OF PLAN.
§ 39.345 STIPEND.
FIREFIGHTERS’ PENSION FUND; RETIREMENT BOARD
CHAPTER 40: ADMINISTRATIVE CODE ENFORCEMENT
CHAPTER 41: FEES
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 39.339 LIMITS OF CONTRIBUTIONS.
   Total contributions in each year to the Firefighters' Pension Fund subject to §§ 39.305 through 39.344 shall be sufficient to fund the following:
   (a)   The administrative cost of the plan during the year;
   (b)   The actuarially determined cost of future benefits accruing to members during the year; and
   (c)   An amount sufficient to amortize any unfunded liability of the pension fund over a period not to exceed 40 years on the basis of reasonable and generally accepted actuarial assumptions.
(1992 Code, § 35-121) (Ord. 108-85, passed 12-2-1985; Ord. 118-16, passed 12-20-2016)
§ 39.340 CHANGES OR MODIFICATIONS OF BENEFITS; ACTUARIAL STATEMENT.
   No benefits, present or future, may be changed or modified in any manner unless the pension fund's actuaries have prepared an actuarial statement showing the effect of those changes on the pension fund. No benefits, present or future, may be changed or modified if the change or modifications will bring the pension fund into noncompliance with the provisions of § 39.338.
(1992 Code, § 35-122) (Ord. 108-85, passed 12-2-1985; Ord. 118-16, passed 12-20-2016)
§ 39.341 RECORDS; INFORMATION FURNISHED TO ADMINISTRATOR.
   The city shall maintain records with respect to each employee sufficient to determine benefits due under this subchapter or which may become due to the employee. The city shall furnish to the pension fund administrator any information necessary for the administrator to make reports required under the provisions of this subchapter.
(1992 Code, § 35-123) (Ord. 108-85, passed 12-2-1985; Ord. 118-16, passed 12-20-2016)
§ 39.342 GROUP INSURANCE DEDUCTION.
   (a)   As permitted by law, in addition to pension payments payable under this subchapter, the pension fund shall pay from the pension fund one-half of the premium for the retirant's and beneficiary's group health insurance plan participated in by the city. Effective after final termination and distribution of the 401(h) group health insurance fund, this premium will instead be paid from the OPEB 115 Trust Fund Agreement.
   (b)   As permitted by law, if a retirant or beneficiary is covered by a group insurance plan participated in by the city and is permitted to and elects to continue the coverage as a retirant, the retirant or beneficiary may authorize the board to have deducted from all retirement allowances the payments required to continue coverage under the group insurance plan.
   (c)   The benefits described in this section shall apply to any retired employee or officer who retires prior to January 1, 2014, and is entitled to a retirement allowance and who shall have participated at least five years, immediately preceding separation from city employment in the group health insurance plan participated in by the city.
   (d)   All contributions from the retirement allowances for purposes of the retirant's and/or beneficiary's group insurance fund shall be reasonable and ascertainable.
   (e)   Contributions to fund the retirant's and beneficiary's 401(h) group health insurance plan must be subordinate to the contributions to the city's Firefighters' Pension Fund for retirement benefits. At no time shall the aggregate actual contributions to the 401(h) group health insurance fund (when added to actual contributions for life insurance protection under the plan, if any) be in excess of twenty-five percent (25%) of the total aggregate actual contributions made to the Firefighters' Pension Fund (not including contributions to fund past service credit, if applicable). The Board shall annually determine whether the twenty-five percent (25%) test has been met. If at any time the 401(h) group health insurance fund (plus any life insurance contribution) would exceed the twenty-five percent (25%) test, the excess amount of contributions shall be transferred to the firefighters' Pension Fund for retirement benefits.
   (f)   Forfeitures from the group health insurance fund shall not be allocated to individual accounts, but shall be used for account expenses.
   (g)   At no time prior to the satisfaction of all liabilities under the 401(h) group health insurance fund or termination of the Firefighters' Pension Fund shall any assets for purposes of group health insurance be used for, or diverted to, any purpose other than the providing of payment of the Firefighters' Pension Fund portion of the monthly retiree health insurance premium benefit in this section, and the payment of administrative expenses.
   (h)   The provisions of § 401(h)(5) of the Internal Revenue Code shall apply upon the satisfaction of all liabilities under law.
   (i)   Effective December 31, 2016, the 401(h) group health insurance fund shall be terminated. After satisfaction of all liabilities under the 401(h) group health insurance fund to provide certain retiree medical benefits, any amounts remaining in this fund must be returned to the city, pursuant to § 401(h)(5) of the Internal Revenue Code.
   (j)   Effective January 1, 2017, the OPEB Trust shall be created and effective pursuant to § 39.006. The OPEB 115 Trust Fund Agreement will be used to make the payments described in (a) of this section as soon thereafter as is administratively reasonable in the Board's judgment.
(1992 Code, § 35-124) (Ord. 96-87, passed 11-16-1987; Ord. 26-98, passed 3-2-1998; Ord. 24-13, passed 5-7-2013; Ord. 118-16, passed 12-20-2016)
§ 39.343 REMARRIAGE OF SURVIVING SPOUSE.
   Surviving spouses whose pension benefits under this subchapter have terminated or whose future pension benefits are subject to termination because of remarriage will have their surviving spousal pension benefits reinstated as of the effective date of the ordinance from which this section derives. The reinstatement of surviving spousal benefits will not be retroactive and will not include post-retirement redetermination benefit increases granted since termination of benefits, but pension benefits will begin again based on their last calculated benefit. They will be eligible under the same regulations as other retirants for future post-retirement redetermination increases.
(1992 Code, § 35-124.1) (Ord. 110-89, passed 10-16-1989)
§ 39.344 TERMINATION OF PLAN.
   In the event of termination of this plan, the rights of all affected participants to benefits then accrued shall thereupon become 100% vested and nonforfeitable to the extent then funded or the amounts credited to the employees’ accounts are nonforfeitable.
(1992 Code, § 35-124.2) (Ord. 5-05, passed 1-10-2005)
§ 39.345 STIPEND.
   (a)   Any officer or employee who retires from city employment with an immediate annuitized pension benefit after December 31, 2013, shall upon retirement receive a monthly stipend. The stipend shall be paid at the rate of $40 per month per year of service until such retirant is Medicare eligible or upon death, whichever is sooner. Such stipend shall be adjusted for inflation at an annual rate of 3% beginning in January, 2015.
   (b)   Credited service for purposes of calculation of the monthly stipend will be determined in the same manner as identified in § 39.309 for members that retire with a regular, early reduced, duty-incurred disability or non-duty-incurred disability retirement benefit.
(Ord. 24-13, passed 5-7-2013; Ord. 118-16, passed 12-20-2016)
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