[Adopted 9-26-1979 as Ch. 12, Art. IV, of the 1979 Code]
A.
By virtue of the authority vested in Council and the
Mayor by Act of Assembly approved March 7, 1901, P.L. 20, as amended,[1] there is hereby created a fund to be known as the "Firemen's
Relief and Pension Fund of Scranton," out of moneys received from
Council appropriation, from the state tax on foreign fire insurance
companies or from any other source, for the use and benefit of its
firemen.
[1]
Editor's Note: See 53 P.S. § 22230.1.
B.
For the purpose of this Article, a "fireman" or "member
of the Bureau of Fire" means and includes the Fire Chief, any officer
or engineer, and any regularly appointed fireman who has satisfactorily
passed his probationary period.
The Firemen's Relief and Pension Fund Commission
shall hold, manage, invest and reinvest any funds received by it for
the Firemen's Relief and Pension Fund and may invest any moneys accumulating
in the fund in legal investments, as the same are or may be defined
by statute; and shall make such payments out of such fund as may be
required for the purpose of relief and pensions to or for firemen
and contemplated by this Article. All incidental expenditures, including
the compensation of the Treasurer, necessary to the transaction of
the business of the Commission, shall be provided for by appropriation
by Council.
No moneys shall be drawn out of the funds of
the Treasurer of the Firemen's Relief and Pension Fund Commission,
or on deposit to the account of the Firemen's Relief and Pension Fund,
except upon order, warrant or check signed by both the President of
the fund and an officer of the corporate Treasurer of the fund.
On or before March 1 of every year, it shall
be the duty of the Treasurer of the Firemen's Relief and Pension Fund
Commission to render a full and complete account to Council of all
transactions of the past year, showing all receipts and disbursements.
A copy of such account shall be filed with the City Controller who
shall audit the same and render to Council a detailed report of his
examination. Council shall not appropriate any moneys to the fund
until such report has been filed and approved by Council by resolution.
Copies of such report shall be made available to all members of the
Bureau of Fire and the Pension Firemen's Organization.
All moneys which the City has received or may
hereafter receive as its share of the state tax on foreign fire insurance
companies shall be and hereby are appropriated to the uses of the
Firemen's Relief and Pension Fund. As soon as any such moneys are
received by the City Treasurer from the state authorities, they shall
be delivered to the Treasurer of the fund.
The members of the Bureau of Fire may from time
to time conduct such dance, ball, exhibition, entertainment or similar
fund raising effort, the proceeds of which shall be received by the
Firemen's Relief and Pension Fund Commission and deposited in the
Firemen's Relief and Pension Fund, in the same manner as other funds
received by the Commission.
Any other funds received by the Firemen's Relief
and Pension Fund Commission by virtue of appropriation by Council,
gift, pecuniary penalties imposed upon members of the Bureau of Fire
by trial courts or Boards, or from any other source whatsoever, shall
be delivered to the Treasurer of the fund in the same manner and used
by the Commission as herein set forth.
The Firemen's Relief and Pension Fund Commission
shall maintain two separate bank accounts:
Each member of the Bureau of Fire shall pay
into the Firemen's Relief and Pension Fund a sum equal to 4% of his
salary. Upon receipt thereof, the Treasurer shall deposit the sum
equaling three and one-half percent (3 1/2%) of such salary in
the pension account and the balance in the relief account.
When the relief account has on deposit a balance
of $15,000, any amount in excess of such deposit balance shall be
transferred to and deposited in the pension account by the Treasurer,
upon authorization of the Firemen's Relief and Pension Fund Commission.
A.
Upon appointment as a regular fireman, each person
so appointed shall be and become a member of the Firemen's Relief
and Pension Fund, and shall be obligated for contributions thereto.
Such appointee shall, without payment of an entrance fee, furnish
a birth certificate and a certificate that he is in good physical
condition, within 90 days of his appointment as a regular fireman.
In addition, such new regular fireman shall, within 90 days of appointment,
pay to the fund a sum equal to two and one-half percent (2 1/2%)
of his salary during the period of his service as a reserve fireman
on a regular, full-time basis. Upon the submission of the documents
and the payment so required, the Commission shall certify the acceptance
of the new regular fireman to membership in the Firemen's Relief and
Pension Fund to the City controller, who shall thereafter make all
necessary deductions for pension payments from such fireman.
B.
From and after the enactment of this Article, for a period of 90 days, every regular fireman, officer or engineer now a member of the fund who has served full-time as a reserve fireman prior to his appointment as regular fireman may pay to the fund a sum equal to two and one-half percent (2 1/2%) of his full-time salary or wages as reserve fireman during such full-time reserve status. Such full-time reserve status shall be computed and verified by the Commission, who shall also compute and require payment of the fireman's contributions at two and one-half percent (2 1/2%), plus 4% interest from the date or dates when due. Upon payment, each such fireman shall be entitled to recompute his term of service in the Bureau of Fire, and the pension period as set forth in § 99-76.
C.
Any regular member of the Bureau of Fire who is not
now a member of the pension fund may apply for admission to the fund,
attaching to such application an entrance fee of $10, together with
his birth certificate and also a certificate, dated within five days
of such application, that he is in good physical condition, from the
physician of the Bureau of Fire or from a medical examiner to be appointed
by the Firemen's Relief and Pension Commission. All costs of such
certificate shall be borne by such applicant.
The moneys accumulating in the Firemen's Relief
and Pension Fund shall be applied to the payment of relief benefits
and to the payment of pensions as herein set forth. Relief benefits
shall be paid to a regular fireman as herein defined, for injuries
received while on duty or for sickness incurred from exposure while
in the actual discharge of duty. The payment of accident benefits
and pensions shall be authorized by the Firemen's Relief and Pension
Commission only after the separate and careful consideration of each
application, the testimony or report of the physician of the Department
of Public Safety and after hearing all of the evidence and testimony
that may be available in each case.
Whenever any fireman or officer receives or
is entitled to receive, for and during his period of disability compensation
from the treasury of City, workmen's compensation benefits or payments
in the nature of workmen's compensation benefits from any source,
such disability retirement benefits shall be reduced by the amount
and for the period such other compensation is paid or payable even
though all or part of the amount so payable may be wholly or partially
commuted.
When any member of the Firemen's Relief and
Pension Fund shall die in active service, or when any beneficiary
or pensioner shall die before he has received pension payments equal
in amount to his total contributions to the fund, there shall be paid
from the fund a sum of money equal to all dues paid by him into the
fund without interest, reduced only by the amount received as pension
payments, to his widow, if any, or in the absence of such widow to
such person or persons as he shall have designated on a form prepared
and approved by the Commission, or in the absence of such widow or
designation, to his estate.
A relief committee shall be organized to consist
of five members composed of the Chief of the Bureau of Fire and four
other members of the Bureau of Fire to be duly elected from the Bureau
of Fire. The duty of the committee shall be to see that prompt and
adequate relief shall be furnished to all firemen injured or ill as
a result of injury or exposure during actual discharge of duty.
A.
No money shall be paid out of the relief account for
medical attendance, hospital expenses, purchase of medicines or nursing
hire, nor any indebtedness incurred under the express direction of
a majority of members of the Relief Committee. However, the Chief
of the Bureau of Fire or the Chairman of the Relief Committee shall
have the right to engage emergency medical attention for any member,
officer or engineer of the Bureau of Fire injured or sick from exposure
or accident while in the actual discharge of his duties.
B.
The Fire Chief shall call a meeting of the Relief
Committee as soon as possible after any such emergency and make a
report. No moneys shall be paid out of the relief account for any
purpose other than the relief of firemen, officers or engineers, as
prescribed in this Article.
Relief benefits shall be paid on approved application
on or before the tenth day of each month for medical and hospital
attendance and medical and nursing expense for a period of six months,
providing such disability shall continue so long. If, at the expiration
of six months, the beneficiary is still unable to report for duty
he shall be examined by a medical commission comprised of three physicians,
one of whom shall be the physician of the Department of Public Safety.
Upon a majority report of the medical commission certifying to the
continuing physical disability of such fireman, he shall be entitled
to receive the same benefits during the continuance of such disability,
not exceeding an additional six months. If at the expiration of the
second six-month period, the beneficiary is still unable to report
for duty, he shall again be examined by the medical Commission and,
upon a majority report by such commission certifying to the permanent
physical disability of such fireman, he shall be retired from active
service in the Bureau of Fire with a pension to be paid out of the
pension account as hereinafter set forth. Notwithstanding that any
such fireman may be so retired from active service and placed on the
pension list, he nevertheless shall be entitled to receive accident
benefits consisting of medical and hospital attendance, medicine and
nursing for such period of time as his physical disability continues,
and is so certified as continuing by the medical commission, provided
that the same shall be recommended by the Relief Committee.
[Amended by Ord. No. 26-1984]
A.
There shall be compulsory retirement of each regular
and reserve fireman in the service of the Bureau of Fire, Department
of Public Safety, who shall have reached the age of 70 years.
B.
Every fireman who shall have served continuously for
a full period of 25 years, periods of suspension and leaves of absence
excluded, shall be eligible to retire from the Bureau of Fire if he
so desires, but such member shall not be involuntarily retired until
he shall have served continuously for a full period of 25 years in
the Bureau of Fire and has reached the age of 70 years, unless for
inability to continue active work. It shall be optional with the administration,
and the administration may retire any fireman who has served continuously
for a full period of 25 years, periods of suspension and leaves of
absence excluded, and reached the age of 70 years; provided, however,
that involuntary retirement is on the basis of seniority in age. However,
at no time after his 25 years of continuous service, periods of suspension
and leaves of absence excluded, will his pension rights as a member
of the Bureau of Fire be placed in jeopardy, by being dismissed from
the service for any cause whatsoever.
C.
On and after the passage of this Article, no member
of the Bureau of Fire shall be retired on a full pension until he
has served at least 10 years of full and continuous service as a member,
officer or engineer of the Bureau of Fire, unless he has been disabled
in the actual performance of his duty as a member, officer or engineer
of the Bureau of Fire. Should any member, officer or engineer apply
for or ask for retirement, prior to the service of at least 10 full
and continuous years, exclusive of suspensions for disability acquired
through an ailment not caused in the actual performance of his duties,
he shall be retired on a pension equaling 5% of the salary of a first
grade fireman, for each year since his appointment as a regular fireman
in the Bureau of Fire, provided further that whenever any fireman
is pensioned with less than 25 years of service as a result of a disability
and thereafter enters into any business or employment for which he
shall receive compensation, then he shall receive a pension in such
amount that when added to the compensation he received from such business
or employment, shall not exceed a comparable salary received by an
active member of the Fire Department in the same grade which the retiree
was in at the time of the retirement.
D.
From and after January 1, 1965, every fireman, who
has completed his 25 years of service and is otherwise entitled to
pension, shall also be entitled to the payment of a service increment,
which shall be the sum obtained by computing the number of whole years
after the completion of 25 years of service in the Bureau of Fire
and multiplying the number of years so computed by 1% of the pension
to which he is otherwise entitled. Such increment shall be payable
only in multiples of five years, up to and including 15 years of service,
and not otherwise. Any member of the fund at the time of passage of
this Article who shall have more than 25 years of service applicable
to service increments shall be considered to be entitled only to such
25 years and no more. In computing such service increment, no employment
shall be included after the member has reached the age of 70 years.
No person shall be accepted as a member of the
Firemen's Relief and Pension Fund as a regular full-paid uniformed
member of the Bureau of Fire who is more than 35 years of age, and
no one who shall secure his appointment as a fireman by misrepresenting
his age and no one who is over the age of 35 years when appointed
shall be entitled to secure the benefits of a voluntary retirement
or pension. Where such appointment is secured by false representations
as to age and the appointee has thereafter paid moneys into the relief
and pension fund he shall only be entitled to secure a return on any
such amounts so paid in by him to the fund, less any amounts theretofore
paid out to him in the way of relief.
A.
A Retirement Board consisting of three members, who
shall be duly qualified and practicing physicians, one of whom shall
be the Director of Public Health of the City if he be a physician,
one of whom shall be duly appointed by the Firemen's Relief and Pension
Commission, and one of whom shall be the family physician of the fireman
involved, shall act in either of the two hereinafter cited cases:
B.
In either case, at the request of either or both parties,
the Board shall act. The expense of the retirement Board shall be
paid by the Firemen's Relief and Pension Fund.
A.
On and after the passage of this Article, members
of the Bureau of Fire who have proper civil service certification
and who are retired from duty from the Bureau of Fire as hereinabove
set forth shall receive a pension equal to one-half of the monthly
salary received at the time of retirement, but in no event in an amount
B.
All presently retired firemen who were eligible to
receive a pension equal to 50% of their salary at the time of retirement
and are presently receiving a pension of less than $4,000 per annum
shall have their respective pensions increased so that they shall
receive a minimum of $4,000 per annum. This is a cost of living increase
and Council shall make a separate appropriation annually to the Firemen's
Relief and Pension Fund. This increase is retroactive to January 1,
1976.
C.
Since February 23, 1977, all firemen who have proper
civil service certification and who have retired since January 1,
1975, and who will retire from the Bureau of Fire hereafter, shall
be entitled to and shall receive a pension at the rate of one-half
of the salary currently paid in the classification for the grade held
by the employee at the time of his retirement. In addition, the members
of the Bureau of Fire who have retired since January 1, 1975, and
who will retire thereafter shall in addition receive an increase in
retirement allowance equal to one-half of the salary increase granted
active members of the Bureau of Fire as and when such increases are
granted for active members in the annual budget ordinance adopted
by the Council. These rights are not vested as originally established
under this Article, but are subject to change from arbitration and/or
legislation by Council. The Council shall make a separate appropriation
annually to cover the increase granted by this subsection.
D.
Commencing January 1, 1978, all members of the Bureau
of Fire who have proper civil service certification and who retired
prior to January 1, 1975, shall receive increments to their pension
amounting to 50% of any increase in salary granted to those firemen
on active duty. The increase granted shall be in addition to the increase
granted under this Article, and is considered a cost of living increase.
The Council shall make a separate appropriation annually to cover
the cost of the increase granted by this paragraph as well as any
increase granted by Ord. No. 6-1977. The rights granted hereunder
shall not be vested rights as originally established under this Article,
but shall be subject to change by the Council.
When any fireman is pensioned and thereafter
enters the service of the City in any capacity with compensation the
pension of such person shall be suspended during his term of service.
Upon termination of such compensated service the pension payments
shall be resumed on request of the pensioner.
A.
Election to participate. Any member of the firemen's
pension or retirement fund who has within 90 days of the effective
date of the ordinance from which this Article was derived and any
person hereafter joining the firemen's pension or retirement fund
may within 90 days of joining the fund elect to be governed by the
provisions of this Article, provided that such election shall be in
writing and that writing shall be filed with the Secretary of the
Firemen's Pension or Retirement Fund.Page 27
B.
Contribution by members. Each member who elects to
be governed under the provisions of this Article shall agree to contribute
1% of his earned compensation in addition to all other contributions
required by law and ordinances adopted pursuant thereto.
C.
Appropriations by City. The annual appropriation made
by the Council for the purpose of paying firemen's pension or retirement
allowances shall be sufficient, when added to the contributions made
by members during such year, sums received from tax distributions
and income from investments, to pay in full the retirement allowances
and the pensions authorized by this Article for surviving spouses
payable during such year.
D.
Benefits to surviving spouse of retired fireman.
(1)
Any member of the Firemen's Pension and Retirement
Fund, who is married and so elects, in writing, and who retires under
the supervision of the law and ordinances regulating their retirement
in the City heretofore adopted, shall at the time of his retirement,
receive the pension so provided for during his lifetime and a pension
after his death, payable to his surviving spouse at the time of retirement,
equal to 50% of his pension at the time of retirement and thereafter
the spouse shall receive an increase in pension in an amount equal
to 25% of any increase granted to active members of the Fire Department
of the same rank as the deceased spouse when he retires from active
service, provided that such person so retiring shall have been married
to his spouse not fewer than five years prior to the date of retirement
and the spouse is dependent upon such deceased employee at the time
of his death.
(2)
The pension to be paid to such surviving spouse shall
begin on the first day of the month in which the death of the deceased
spouse occurs and shall continue to and terminate upon the death of
such surviving spouse, unless such surviving spouse shall remarry,
in which event the payment of the survivor's pension shall thereupon
be terminated.
(3)
The word "pension" as used in this section shall be
construed to mean the sum of the pension, plus the amount of service
increment, if any, to which the married person retiring shall be entitled.
(4)
When any surviving spouse receives payments under
the provisions of this section, such surviving spouse shall not be
entitled to any withdrawal of contributions made into the firemen's
pension or retirement fund by the deceased employee, nor shall the
children, parents or estate of the deceased employee be entitled to
a refund of the contributions.
E.
Benefits to surviving spouse of active fireman.
(1)
A surviving spouse of any active member of the firemen's
pension or retirement fund who, at the time of his death was in active
service with the City and has elected to be governed by the provisions
of this Article, shall be entitled to survivorship benefits equal
to 50% of the pension which would have been payable to such active
member had he retired at the date of his death and thereafter shall
receive an increase in pension payments in an amount equal to 25%
of the increase granted to active members of the Fire Department of
the same rank as the deceased spouse when he retires from active service,
provided that such employee shall have been married to his spouse
for not fewer than five years prior to the date of his death and that
the spouse was dependent upon such deceased employee at the time of
his death.
(2)
Such surviving spouse shall be entitled to receive
payments commencing the first day of the month next following the
death of the deceased spouse and such payment shall continue to and
terminate upon the death of such surviving spouse; provided, however,
that in the event that such surviving spouse shall remarry, the payment
of the survivorship pension shall thereupon be terminated.
(3)
The word "pension" as used in this section shall be
construed to mean the sum of the pension, plus the amount of service
increments, if any, to which the deceased member of the firemen's
pension or retirement fund would have been entitled had he retired
upon the date of his death.
(4)
When any surviving spouse receives payments under
the provisions of this section, such surviving spouse shall not be
entitled to any withdrawal of contributions made into the firemen's
pension or retirement fund by the deceased employees, nor shall the
estate of the deceased be entitled to a refund of the contributions.
(5)
Each surviving spouse at the time active members of
the Fire Department receive an increase in compensation shall receive
an increase in their pension in an amount equal to 25% of the increase
granted to active members of the Fire Department of the same rank
as the deceased spouse when he retires from active service.
A.
Administration.
[Amended 2-3-2003 by Ord. No. 114-2003]
(1)
The Firemen's Relief and Pension Fund shall be under
the care, control and supervision of the Commission known as the "Firemen's
Relief and Pension Fund Commission," and shall consist of 16 persons.
Three of such members shall be active members of the Bureau of Fire
(Chief excepted), to be elected by the active members of the fund
at a general meeting of the Bureau of Fire. Two of the members shall
be a member of the Pension Firemen's Association to be selected by
the Mayor from a list of three names selected by the body, approved
by the members of the Bureau of Fire, and recommended to the Mayor.
One of the members shall be a citizen at large holding no position
in municipal government to be selected by the Mayor. One member shall
consist of an officer of the corporate Treasurer of the Firemen's
Relief and Pension Fund who shall vote only on financial matters.
One member shall consist of the City Controller during his/her time
in office. One member shall consist of the Public Safety Director
during his/her time in that position. One member shall consist of
the Chief of the Bureau of Fire during his/her time in that position.
One member shall consist of the City Business Administrator during
his/her time in that position. One member shall consist of the Human
Resources Director during his/her time in that position. One member
shall consist of the City Treasurer during his/her time in that office.
The final three members shall be citizens at large to be appointed
by the Mayor.
(2)
The terms of the original appointees of the Firemen's
Relief and Pension Fund Commission hereunder shall be from one to
five years to be determined by lot at the reorganization of the Commission
after enactment of this section. The citizens at will also serve terms
of one to five years following their appointment. The following positions:
City Controller, the Public Safety Director, the Chief of the Bureau
of Fire, the Business Administrator, the Human Resources Director,
the City Treasurer and the corporate Treasurer shall serve indefinite
terms on the Commission. Thereafter, each subsequent appointment by
the Mayor, or each election by the members of the Bureau of Fire,
shall be for a term of five years, or for the balance of an unexpired
term in the event of vacancy, and each successor shall be classified
and selected in the same manner as his predecessor. The officer of
the corporate Treasurer shall serve at the pleasure of the Treasurer
and the Mayor.
B.
Officers. Immediately upon its appointment, or as
new members are appointed, the Firemen's Relief and Pension Fund Commission
shall organize or reorganize by electing one of its members as president
and one as Secretary, and a corporate Treasurer which shall be a bank
or trust company located in the City. Such Treasurer shall not be
required to give bond and shall be compensated as determined and designated
by Council.
C.
Meetings. The Firemen's Relief and Pension Fund Commission
shall meet at least once each month at such stated times as it may
designate, for the transaction of all business as may properly come
before it. A majority of the Commission shall constitute a quorum
for the transaction of business.
