(A) Normal retirement.
(1) Subject to division (A)(2) below, a member, except an elected officer of the city, shall be separated from the employ of the city the last day of the calendar month in which he or she attains his or her applicable normal retirement age.
(2) Upon the written application of a member and the approval of his or her appointing authority, the Retirement Commission may defer said member’s separation from the employ of the city for periods not to extend beyond the last day of the calendar month in which he or she attains his or her applicable mandatory retirement age.
(3) A member who is separated from the employ of the city as provided in this division (A) and who has acquired his or her applicable minimum credited service shall receive a retirement allowance provided in division (C) below if he or she is a police officer or firefighter member, or as provided in division (D) below if he or she is a hospital member, or as provided in division (E) below if he or she is a municipal service member, or as provided in division (F) below if he or she is a general member.
(Prior Code, § 2-212)
(B) Deferred retirement.
(1) Subject to division (B)(2) below, a member who leaves the employ of the city prior to his or her attainment of his or her voluntary retirement age, for any reason other than his or her retirement or death, shall be entitled to a retirement allowance provided in division (C) below if he or she is a police officer or firefighter member, or as provided in division (D) below if he or she is a hospital member, or as provided in division (E) below if he or she is municipal service member, or as provided in division (F) below if he or she is a general member, as the applicable section was in force at the time he or she left the employ of the city; provided, he or she has satisfied the applicable age and/or service requirements set forth below:
(a) Ten or more years of credited service without regard to age, if he or she is a police officer or firefighter member, effective 10-3-1977;
(b) Fifty percent vesting after five years of service, then 10% additional vesting for each of the next five years if he or she is a hospital member, effective 1-1-1977;
(c) Age 25 years and ten or more years of credited service if he or she is a municipal service member; and
(d) Ten or more years of credited service without regard to age, if a general member belonging to A.F.S.C.M.E., Local 894, effective 2-1-1987, or any age and ten or more years of credited service for all other general members, effective 10-4-1976.
(2) His or her retirement allowance shall begin the first day of the calendar month next following the month in which his or her written application for same is filed with the Commission on or after his or her attainment of his or her voluntary retirement age. Prior to 9-30-1994, if a municipal service hourly member withdraws his or her accumulated contributions from the Annuity Savings Fund, except as provided in § 32.024(B) of this chapter, he or she shall forfeit his or her right in and to a deferred retirement allowance provided in this section; provided, however, after 9-30-1994, if a municipal service hourly member withdraws his or her accumulated contributions from the Annuity Savings Fund, except as provided in § 32.024(B) of this chapter, he or she shall not forfeit his or her right in and to a deferred retirement allowance provided in this section. In no case shall he or she be given service credit for the period of his or her absence from the employ of the city unless such credit is specifically provided for in this subchapter. Until the beginning date of his or her retirement allowance, his or her accumulated contributions standing to his or her credit in the Annuity Savings Fund shall be accumulated at regular interest.
(Prior Code, § 2-213)
(C) Police officer and firefighter member retirement allowance.
(1) Effective 2-1-1999 for patrol police members and 2-1-2000 for command police members, hired after 10-1-1982, retroactive to date of hire, shall receive a straight life retirement allowance and shall have the right to elect a retirement allowance under an option provided in division (J) below in lieu of a straight life retirement allowance. The straight life retirement allowance shall equal the sum of:
(a) An annuity which shall be the actuarial equivalent of his or her accumulated contributions standing to his or her credit in the Annuity Savings Fund at the time of his or her retirement; and
(b) A pension which when added to his or her annuity will provide a retirement allowance equal to the number of years and months of credited service, not to exceed 25 years, multiplied by 2.5%, times the final average compensation, plus the number of years and months of credited service in excess of 25 years, if any, multiplied by 1% times the final average compensation.
(2) Maximum benefit is 75% of final average compensation. Members will make pretax contributions of 5% from all income included in the final average compensation. Effective 2-1-2000, a firefighter member, retroactive to date of hire, shall be guaranteed a minimum straight life pension equal to:
(a) An amount equal to the sum of:
1. The number of years, and fraction of a year, of his or her credited service not to exceed 25 years, multiplied by and 2.5% of his or her final average compensation; plus
2. The number of years, and fraction of a year, of his or her credited service in excess of 25 years, if any, multiplied by 1% of his or her final average compensation, but not to exceed 75% of final average compensation; less division (C)(2)(b) below.
(b) An amount equal to the actuarial equivalent of his or her hypothetical accumulated contributions standing to his or her credit at the time of his or her retirement, such actuarial equivalent amount to be computed on the basis of the 1971 group annuity mortality table, with a five-year setback for females, and interest at the rate of 6% per year, compounded annually. Effective 2-1-2000, interest will be applied at 5% per year, compounded annually.
(3) Effective 9-16-2005, a firefighter member who is an active member on 10-1-1982 who retires within 60 days after the attainment of 25 years of credited service as a fire member (provided, said retirement occurs subsequent to 9-16-2005), or who retires subsequent to 9-16-2005 and no later than 11-15-2005, shall be eligible for a minimum straight life pension equal to:
(a) An amount equal to the sum of:
1. The number of years, and fraction of a year, of his or her credited service not to exceed 25 years, multiplied by 2.80% of his or her final average compensation; plus
2. The number of years, and fraction of a year, of his or her credited service in excess of 25 years, if any, multiplied by 1% of his or her final average compensation, but not to exceed 75% of final average compensation; less division (C)(3)(b) below.
(b) An amount equal to the actuarial equivalent of his or her hypothetical accumulated contributions standing to his or her credit at the time of his or her retirement, such actuarial equivalent amount to be computed on the basis of the 1971 group annuity mortality table, with a five-year setback for females, and interest at the rate of 6% per year, compounded annually.
(4) A command police member who is an active member on October 1982 shall be guaranteed a minimum straight life pension equal to:
(a) An amount equal to the sum of:
1. The number of years, and fraction of a year, of his or her credited service not to exceed 25 years, multiplied by 2.5% of his or her final average compensation; plus
2. The number of years, and fraction of a year, of his or her credited service in excess of 25 years, if any, multiplied by 1% of his or her final average compensation, but not to exceed 75% of final average compensation; less division (C)(4)(b) below.
(b) An amount equal to the actuarial equivalent of his or her hypothetical accumulated contributions standing to his or her credit at the time of retirement, such actuarial equivalent amount to be computed on the basis of the 1971 group annuity mortality table, with a five-year setback for females, and interest at the rate of 6% per year, compounded annually.
(5) Effective 10-16-2001, a command police member who is an active member on 10-1-1982 who retires within 30 days after the attainment of 25 years of credited service as a police member; provided, said retirement occurs subsequent to 10-16-2001 (but in no case have cumulative credited service in excess of 30 years) will be eligible for a minimum straight life pension equal to:
(a) An amount equal to the sum of:
1. The number of years, and fraction of a year, of his or her credited service not to exceed 25 years, multiplied by 2.80% of his or her final average compensation; plus
2. The number of years, and fraction of a year, of his or her credited service in excess of 25 years, if any, multiplied by 1% of his or her final average compensation, but not to exceed 75% of final average compensation; less division (C)(5)(b) below.
(b) An amount equal to the actuarial equivalent of his or her hypothetical accumulated contributions standing to his or her credit at the time of his or her retirement, such actuarial equivalent amount to be computed on the basis of the 1971 group annuity mortality table, with a five-year setback for females, and interest at the rate of 6% per year, compounded annually.
(6) Effective 1-1-2020, for police members hired after 2-1-1999, shall be guaranteed a minimum straight life pension equal to an amount equal to the sum of the number of years, and fraction of a year, of his or her credited service, multiplied by 2% of his or her final average compensation, but not to exceed 70% of final average compensation.
(7) Notwithstanding anything elsewhere in this section to the contrary, effective 2-1-1990, as it relates to police or fire members and Police Department command officers, the city expressly reserves the right to waive, maintain or alter the provisions of this section; provided, however, in no event shall any pension benefits set forth in this subchapter be lessened or reduced as a result of waiving, maintaining or altering any provisions thereof.
(Prior Code, § 2-214)
(D) Hospital member retirement allowance. Subject to § 32.022 of this chapter, upon a hospital member’s retirement, as provided in this subchapter, he or she shall receive a straight life retirement allowance and he or she shall have the right to elect and to receive his or her retirement allowance under an option provided in division (J) below and § 32.019 of this chapter in lieu of a straight life retirement allowance. Effective for retirements commencing on or after 3-8-1982, his or her straight life retirement allowance shall consist of the benefits set forth below:
(1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions standing to his or her credit in the Annuity Savings Fund at the time of his or her retirement; and
(2) A pension equal to the number of years, and fraction of a year, of his or her credited service multiplied by the sum of:
(a) One percent of the first $4,200 of his or her final average compensation; and
(b) One and one-half percent of the portion, if any, of his or her final average compensation in excess of $4,200.
(Prior Code, § 2-215)
(E) Municipal service member retirement allowance. Subject to § 32.022 of this chapter, upon a municipal member’s retirement on or after 10-1-1973, as provided in this subchapter, he or she shall be paid a straight life retirement allowance or he or she may elect to be paid his or her retirement allowance under an optional form of payment provided in division (J) below or § 32.022 of this chapter in lieu of a straight life retirement allowance.
(1) Hourly members. The amount of an hourly municipal service member’s straight life retirement allowance shall be equal to 1.70% of an hourly municipal service member’s final average compensation multiplied by his or her credited service effective for retirements on or after 10-1-2009.
(2) Exempt and non-exempt salaried members. The amount of an exempt salaried municipal service member’s straight life retirement allowance shall be equal to 1.70% of an exempt salaried member’s final average compensation multiplied by his or her credited service, effective 1-1-2006, and the amount of a non-exempt salaried municipal service member’s straight life retirement allowance shall be equal to 1.65% of a non-exempt salaried member’s final average compensation multiplied by his or her credited service, effective 1-1-2006.
(3) Computation of retirement allowance. Notwithstanding anything elsewhere in this division (E) to the contrary, any hourly member who shall become an exempt or non-exempt salaried member after 6-1-1983, shall, unless an optional form of retirement allowance is elected as hereinabove provided for, have his or her straight life retirement allowance computed under division (E)(2) above.
(Prior Code, § 2-216)
(F) General member retirement allowance.
(1) Subject to § 32.022 of this chapter, upon a general member’s retirement, as provided in this subchapter, he or she shall receive a straight life pension and he or she shall have the right to elect and to receive his or her pension under an option provided in division (J) below or § 32.022 of this chapter in lieu of a straight life pension. His or her straight life pension shall equal the number of years, and fraction of a year, of his or her credited service multiplied by 1.4% of his or her final average compensation, but not to exceed 50% of final average compensation. Notwithstanding anything herein to the contrary, effective 4-24-2000, for non-union general members and for members of the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.), Local 894, his or her straight life pension shall equal the number of years, and fraction of a year, of his or her credited service multiplied by 1.4% of his or her final average compensation, but not to exceed 70% of final average compensation.
(2) A general member who is an active member on 10-1-1982 shall be guaranteed a minimum straight life pension equal to:
(a) An amount equal to the number of years, and fraction of a year, of his or her credited service, multiplied by 2% of his or her final average compensation, but not to exceed 70% of final average compensation; less
(b) An amount equal to the actuarial equivalent of his or her hypothetical accumulated contributions standing to his or her credit at the time of his or her retirement, such actuarial equivalent amount to be computed on the basis of the 1971 group annuity mortality table, with a five-year setback for females, and interest at the rate of 6% per year, compounded annually.
(3) With regards to the above provisions of this section, a general member, who exercises his or her right to retire under the “voluntary retirement age” provisions of this subchapter, shall be entitled to the above retirement allowance reduced by 2% for each year if said member has retired prior to his or her sixtieth year of age or thirtieth year of credited service, whichever produces the greater retirement allowance, effective 10-4-1976; provided, however, said 2% per year reduction shall not apply to any general member exercising his or her right to retire under the “voluntary retirement age” provisions of this chapter on or after 2-1-1990.
(4) Notwithstanding anything elsewhere in this section to the contrary, effective 2-1-1990, as it relates to general members and F.O.P./police and fire dispatcher/clerical bargaining unit members, the city expressly reserves the right to waive, maintain or alter the provisions of this section; provided, however, in no event shall any pension benefits set forth in this subchapter be lessened or reduced as a result of waiving, maintaining or altering any provisions thereof.
(Prior Code, § 2-217)
(G) Terminal payment. If a retirant dies before he or she has received in payment of his or her straight life retirement allowance an aggregate amount equal to his or her accumulated contributions standing to his or her credit in the Annuity Savings Fund at the time of his or her retirement, the difference between his or her said accumulated contributions and the said aggregate amount of retirement allowance payments received by him or her shall be paid to such person or persons as he or she shall have nominated by written designation duly executed and filed with the Commission. If there be no such designated person surviving the retirant, such difference, if any, shall be paid to the retirant’s legal representative. No payment shall be made under this section on account of the death of a retirant if he or she elected option 1, 2 or 3 provided in division (J) below.
(Prior Code, § 2-218)
(H) Supplemental retirement allowance for retirants, or beneficiaries, prior to 1-1-1966.
(1) The provisions of this section shall be operative during a fiscal year if the City Council:
(a) Adopts a resolution declaring the provisions of this section in effect for the fiscal year; and
(b) Appropriates an amount sufficient to finance the supplemental retirement allowance payments to be made during the fiscal year.
(2) Subject to the preceding restrictions, each retirant or beneficiary included in one of the following three groups shall be eligible for a supplemental retirement allowance upon his or her written application filed with the Retirement Commission:
(a) Retirants who retired prior to 1-1-1966, and who were general members or police officer or firefighter members of the retirement system;
(b) Beneficiaries of retirants who retired prior to 1-1-1966, and who were general members or police officer or firefighter members of the retirement system; and
(c) Beneficiaries of general members or police officer or firefighter members who died prior to 1-1-1966.
(3) The annual amount of supplemental retirement allowance shall be determined in accordance with the following schedule:
Calendar Year of Retirement | Annual Supplemental Retirement Allowance |
1946 and prior | $390 |
(Prior Code, § 2-219)
(I) Supplemental retirement allowance for retirants, or beneficiaries, prior to 1-1-1975.
(1) Each retirant or beneficiary included in one of the following groups shall be eligible for a supplemental retirement allowance upon his or her written application filed with the Retirement Commission.
(a) Retirants who retired on or before 1-1-1975, who were general members or police officer or firefighter members or hospital or municipal service members of the retirement system.
(b) Beneficiaries of retirants who retired on or before 1-1-1975, and who were general members or police officer or firefighter members or hospital members or municipal service members of the retirement system.
(c) Beneficiaries of general members or police officer or firefighter members or hospital members or municipal service members who died on or before 1-1-1975.
(2) Annual supplemental retirement allowance:
(a) 1. Using the following formula for year 1977 back to 1-1-1977:
a. Per year for each year retired: $2; and
b. Per year for each year of employment service: $4.
2. This formula to be used for years prior to ordinance change of increased benefits to all city departments:
a. General city: 10-1-1972;
b. Police and Fire Departments: 10-1-1969;
c. Department of municipal service: 10-1-1973; and
d. Wyandotte General Hospital: 12-31-1974 (no change).
(b) The year 1978, starting 1-1-1977, a 5% increase to the total retirement payroll as of 1-1-1975, adjusted.
(c) Said benefits shall be in effect and payable to his or her beneficiary until death.
(Prior Code, § 2-220)
(J) Retirement allowance options.
(1) Subject to the provisions of division (J)(2) below set forth, prior to the effective date of his or her retirement, but not thereafter, a member may elect to receive his or her retirement allowance as a straight life retirement allowance payable throughout his or her life, or he or she may elect to receive the actuarial equivalent, computed as of the effective date of his or her retirement, of his or her straight life retirement allowance in a reduced retirement allowance payable throughout his or her life, and nominate a beneficiary in accordance with the provisions of option 1, 2 or 3 set forth below. If a member does not elect an option prior to the effective date of his or her retirement, his or her retirement allowance shall be paid him or her as a straight life retirement allowance.
(a) Option 1 - cash refund annuity. Under option 1, a retirant shall receive a reduced retirement allowance payable throughout his or her life, with the provisions that if he or she dies before he or she has received in payment of the annuity portion of his or her reduced retirement allowance an aggregate amount equal to his or her accumulated contributions standing to his or her credit in the Annuity Savings Fund at the time of his or her retirement, the difference between his or her said accumulated contributions and the said aggregate amount of annuity payments received by him or her shall be paid to such person or persons as he or she shall have nominated by written designation duly executed and filed with the Commission. If there be no such designated person surviving the retirant, such difference, if any, shall be paid to the retirant’s legal representative.
(b) Option 2 - joint and survivor allowance. Under option 2, a retirant shall receive a reduced retirement allowance payable throughout his or her life with the provisions that upon his or her death his or her reduced retirement allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his or her life, as he or she shall have nominated by written designation duly executed and filed with the Commission prior to the effective date of his or her retirement.
(c) Option 3 - modified joint and survivor allowance. Under option 3, a retirant shall receive a reduced retirement allowance payable throughout his or her life with the provision that upon his or her death one-half his or her reduced retirement allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his or her life, as he or she shall have nominated by written designation duly executed and filed with the Commission prior to the effective date of his or her retirement.
(2) Notwithstanding anything elsewhere in this section to the contrary, effective 2-1-1990, as it relates to police members, hired before 2-1-1999, Police Department command officers hired before 2-1-1999, members of the F.O.P. police/fire dispatcher/clerical bargaining unit, fire members and general members, and effective 10-1-1995 for hourly municipal members, and effective 6-6-1990 for salaried municipal service members, if said member has elected either an option 2 or option 3 prior to the effective date of his or her retirement and the retirant and the nominated beneficiary become legally divorced or the beneficiary nominated in accordance with either option dies prior to said retirant, then in either case the retirant’s retirement allowance shall be paid to him or her as a straight life retirement allowance as of the date of the entry of the judgment of divorce or the date of death of said nominated beneficiary, as the case may be.
(3) (a) Effective 9-16-1996, all general city, police and fire employees who retired on or before 1-31-1990 and received a monthly pension payroll paycheck on 9-15-1996 with said retiree selecting either an option 2 or option 3 survivorship retirement benefit prior to the effective date of his retirement and the beneficiary nominated in accordance with either option having died prior to said retirement, then the retirant’s retirement allowance shall be paid as a straight life retirement allowance to the retirant as of the date of the beneficiaries death or 9-18-1996 whichever date occurs later.
(b) Effective 9-16-2004, all municipal service salary and hourly employees who retired on or before and received a monthly pension payroll paycheck on 9-15-2004 with said retiree selecting either an option 2 or option 3 survivorship retirement benefit prior to the effective date of his or her retirement and the beneficiary nominated in accordance with either option having died prior to 9-16-2004, then the retirant’s retirement allowance shall be paid as a straight life retirement allowance to the retirant as of the beneficiaries death or 9-16-2004, whichever date occurs later.
(4) A retroactive benefit shall be paid to all general city, police and fire retirees who have met all of the requirements of division (J)(3) above from 9-16-1996 to date of the resolution passage by the City Council. This benefit shall be paid in the month following City Council passage of Ord. 1028, passed 1-6-1997. In no instance shall any retroactive straight life benefit be paid for any retirement time prior to 9-16-1996 or to a deceased retiree’s estate if the retiree died prior to 9-16-1996.
(5) A retroactive benefit shall be paid to all municipal service salary and hourly retirees who have met all of the requirements of division (J)(3) above that pertains to municipal service as of 9-16-2004. This benefit shall be paid in the month following City Council passage of Ord. 1204, passed 9-13-2004. In no instance shall any retroactive straight life benefit be paid for any retirement time prior to 9-16-2004 or to a deceased retiree’s estate if the retiree died prior to 9-16-2004.
(Prior Code, § 2-221)
(Ord. 368, passed 9-25-1967; Ord. 375, passed 1-8-1968; Ord. 415, passed 2-9-1970; Ord. 456, passed 1-24-1972; Ord. 490-A, passed 12-4-1972; Ord. 541, passed 12-9-1974; Ord. 586, passed 5-9-1977; Ord. 625, passed 11-27-1978; Ord. 725, passed 4-5-1982; Ord. 771, passed 9-24-1984; Ord. 784, passed 6-3-1985; Ord. 830, passed 10-19-1987; Ord. 858, passed 12-5-1988; Ord. 874, passed 1-15-1990; Ord. 917, passed 8-19-1991; Ord. 1028, passed 1-6-1997; Ord. 1060, passed 3-1-1999; Ord. 1077, passed 9-13-1999; Ord. 1091, passed 6-5-2000; Ord. 1159, passed 11-18-2002; Ord. 1204, passed 9-13-2004; Ord. 1247, passed 10-24-2005; Ord. 1371, passed 9-17-2012; Ord. 1485, passed 4-20-2020)