[Approved 6-29-1973 as Ch. No. 1406; amended in its entirety 12-15-2006 by Ch. No. 2836]
A. 
It is the purpose of the City of Pawtucket to provide its police and firefighters and their widows and children with an actuarially sound pension and retirement system.
B. 
It is not the intention of the City to impair or diminish any rights that may exist under any pension or retirement system which may now exist but, on the contrary, to grant broader rights to those persons affected.
C. 
By virtue of Sec. 2-309 of the Charter of the City of Pawtucket, the City Council does hereby establish a police and firefighters retirement system, referred to in this article as "the system," for the purpose of providing retirement annuities, survivors benefits and other benefits for police and firefighters of the City. The effective date of the system shall be July 1, 1973.
The following words and phrases used in this article, unless a different meaning is plainly required by the context, shall have the following meanings:
ACTUARIAL TABLES
Such tables of rates of interest and other factors which are employed by the insurance company covering said system.
ARC
The annual required contribution as stated in the most-recent annual actuarial valuation prepared by the City's actuary for the Police and Fire Pension Plan. If there are any substantial modifications to the provisions of the Police and Fire Pension Plan following the date of the most-recent actuarial valuation, but prior to the start of the fiscal year, the city's actuary shall determine a new AR eased on the modifications.
[Added 2-20-2014 by Ch. No. 3043]
CITY
The municipal government of the City.
CREDITED SERVICE
The sum of prior service, purchased service and membership service for which a member has received credit under the provisions of this article.
MEMBER
Any police officer or firefighter included in the membership system.
PRIOR SERVICE
Service rendered by a member prior to July 1, 1973.
SALARY-FIREFIGHTER
For the purpose of this plan, the average of a member's base pay, plus holiday pay, longevity pay, out-of-rank pay, rescue pay and EMTC pay of the member during his or her final years of credited service. When used in this Chapter 59, the terms "pay" and "compensation" shall mean the same thing as "salary" as defined herein.
SALARY-POLICE OFFICER
For the purpose of this plan, a member's base pay plus holiday pay, longevity pay, shift differential, out-of-rank pay and compensation paid to supervisors in lieu of overtime of the member during his or her final years of credited service. When used in this Chapter 59, the terms "pay" and "compensation" shall mean the same thing as "salary" as defined herein.
WITHDRAWAL FROM SERVICE
Complete severance of employment of any member as an employee of the City by resignation, discharge or dismissal.
A. 
Membership in the system shall include:
(1) 
Any person becoming an employee of the Division of the Police or Division of Fire of the City of Pawtucket, after the effective date, who is sworn in as a police officer or firefighter, including patrolmen and firelighters, probationary patrolmen and firefighters and those holding a higher rank in either Division.
(2) 
Any person who is an employee of either the aforesaid Divisions on the effective date, having previously been sworn in as a police officer or a firefighter, including patrolmen and firefighters, probationary patrolmen and firefighters and those holding a higher rank in either Division.
B. 
Any person who is temporarily absent on the effective date due to sickness or disability and any person on an approved leave of absence on said date for any cause, provided that such leave shall not have extended for more than one year continuously, except for military service, shall be considered an employee on the effective date. Membership shall not include:
(1) 
Civilian employees of either Division.
(2) 
Persons privately employed as police officers or firefighters.
(3) 
Persons temporarily employed as police officers or firefighters, except interim employees engaged in time of war.
A. 
Any person becoming a member of the system on the effective date shall be entitled to credit for prior service for the same periods of time for which credit was granted under any predecessor police or firefighter pension fund or retirement system maintained by the City in which the member was a participant and for membership service after the effective date for which he has made contributions. Any person becoming a member of the system after the effective date shall be entitled to credit for the purposes hereof for membership service for which he made contributions.
B. 
Any member entering the service of the Army, Navy, Marines, Air Force or Coast Guard of the United States by enlistment or induction during time of war or other national emergency recognized by the Personnel Board of the City of Pawtucket who reenters the employ of the City within 90 days from the date of termination of his or her armed services after an unconditional honorable discharge shall receive credit for such military service. If such member had received a refund on contribution at the time of entry into military service or during such military service, he or she shall repay to the system the amount of such refund, including 6% interest from the date of refund to the date of repayment. Upon repayment of such refund, credit for the period of service previously forfeited by the acceptance of the refund shall be reinstated to the account of the member.
C. 
In the computation of prior service or membership service, 15 days of service or more during any month shall constitute a month's service, and 12 months of service shall constitute a year's service. In no case, except as to military service, shall credit be allowed for any period of absence without salary or shall less than 15 days of service during any month be considered for the computation of service, nor shall more than one year of service be credited for service rendered in any one calendar year.
D. 
Firefighters enrolled in the retirement system may elect to purchase up to a maximum of four years of active or reserve military service for the purpose of accumulating retirement service credit. The cost to purchase active military service credit shall be 10% of the member's annual earnings in the first year of his or her employment with the City of Pawtucket. For the purpose of computing military service credit of firefighters, any fraction of time over a six-month period shall be interpreted as one complete year of service.
E. 
Police officers enrolled in the retirement system may elect to purchase up to a maximum of four years of active military service or prior municipal service within the Police Division for the purpose of accumulating retirement service credit, except that police officers hired after July 1, 1991, may not elect to purchase any of their prior municipal service within the Police Division. The cost to purchase active military or prior municipal service within the Police Division shall be 10% of the member's annual earnings in the first year of his or her employment with the City of Pawtucket, plus 5% interest, compounded annually from the commencement of the member's employment to the date of the member's purchase.
A. 
Any member withdrawing from service prior to retirement shall be entitled to a refund in a single sum of the amount of his or her contributions to the system, with interest at 4%. The payment of a refund under the provisions hereof shall automatically affect a waiver and forfeiture of all accrued rights and benefits in the system on the part of the member.
B. 
Any member who has received a refund shall be considered a new member upon subsequent reemployment, provided that if such member shall render at least three years' service following his or her latest reentry into service, he or she shall be entitled to regain his or her previously forfeited service credits upon repayment of all amounts received as refund, including interest of 6% from dates of refunds to date of repayment. The time and manner of making such repayments shall be fixed by the Director of Finance of the City of Pawtucket.
Any member may exercise an option at least 60 days prior to retirement on a service retirement annuity of taking a reduced service retirement annuity and providing a reversionary annuity for a specified beneficiary. A "reversionary annuity" as herein provided means a deferred annuity computed according to actuarial tables in use by the system, payable during the lifetime of the specified beneficiary only if such beneficiary survives the retired member who is receiving a service annuity. The election of a reversionary annuity shall not be effected if death of the retired member occurs within 30 days following the effective date of his or her retirement. The amount of the reversionary annuity shall be that specified in the member's notice of election but shall not be more than the amount of the member's reduced service retirement annuity. A reversionary annuity shall begin on the day following the death of the member on retirement, provided that the beneficiary is then alive. If the beneficiary does not survive the retired member, a reversionary annuity shall not be payable, nor shall any change be made in the previously reduced retirement annuity.
Each member of the system shall be eligible to retire upon completion of 20 years' credited service in the amount equal to 50% of the member's salary.
Each member of the system who does not retire upon the completion of 20 years' credited service shall be entitled to an additional retirement benefit of 3% for each year of service over 20 years but not to exceed an additional three years and four months with a maximum retirement benefit of 60% after completion of 23 years and four months of credited service. The 3% shall be based upon the member's salary.
A. 
The pension benefits set forth under §§ 59-20 and 59-21 above shall be payable commencing on the date of the employee's retirement and shall be paid to the member for the duration of his or her lifetime.
B. 
In the event that a member who has retired dies prior to receiving 120 months of retirement benefits, his or her retirement benefits shall be continued to his or her designated beneficiary or beneficiaries until a total of 120 months of pension benefits shall have been paid to the retired member and/or his or her designated beneficiary or beneficiaries.
A. 
All members who on July 1, 1973, have completed 20 or more years of credited service shall be eligible for the benefits set forth in this pension system.
B. 
Members who on July 1, 1973, have not completed 20 years of credited service shall not be eligible for benefits set forth in §§ 59-20 and 59-21 hereof until July 1978, at which time all such members will be eligible for retirement and will be entitled to receive the additional benefits provided in § 59-21 hereof for each year of credited service over 20 years; e.g., if on July 1, 1973, a member has completed 17 years of credited service, he would have to wait until July 1, 1978, to retire but would be entitled to retirement benefits of 54% of the average of his or her three highest years' salary.
A. 
Nonoccupational disability benefits. Any member who becomes totally and permanently disabled as a result of an injury or illness not suffered in the performance of the member's duties shall receive a benefit equal to 66 2/3% of the member's pay at the time of his or her total and permanent disability, and furthermore, an additional 10% shall be paid for each dependent child of the member until said child shall reach the age of 21 years, with a maximum total of permanent disability benefit not to exceed 80% of the member's pay at the time of the occurrence of the total and permanent disability. Except as provided in Subsection F, any disability pension granted in this section shall be presumed to be a nonoccupational disability unless determined to the contrary by the physicians examining the member as required in § 59-25.
B. 
Duration of nonoccupational disability benefits. The total and permanent disability benefit established in Subsection A will continue for the period of such total and permanent disability or, if sooner, until the date upon which the member would have completed 20 years of service and qualified for a service retirement had the member rendered services without interruption, at which time he or she shall be transferred to the retirement list and will receive the normal retirement benefit as if he or she had not been disabled. In the case where a member becomes totally and permanently disabled after completion of 20 years of credited service, the member shall be entitled to benefits set forth in Subsection A in this section during the period of his or her permanent and total disability or until the date upon which the member would have completed 25 years of service, at which time the member shall receive the normal pension benefits determined in accordance with the provisions of § 59-21.
C. 
Occupational disability benefits. Any member who becomes totally and permanently disabled after the date of the passage of this article as a result of an injury or illness suffered in the performance of the member's duties shall receive a benefit equal to 66 2/3% of the member's pay at the time of his or her total and permanent disability, and furthermore, an additional 10% shall be paid for each dependent child of the member until said child shall reach the age of 21 years, with a maximum total of permanent disability benefit not to exceed 80% of the member's pay at the time of the occurrence of the total and permanent disability.
D. 
Duration of occupational disability benefits. The total and permanent disability benefit established in Subsection C will continue for the period of such total and permanent disability or, if sooner, until the date upon which the member would have completed 20 years of service and qualified for service retirement had the member rendered service without interruption, at which time the member shall receive an occupational disability benefit equal to the normal retirement benefit the member would have received if retired for service on said date. If the member becomes totally and permanently disabled as a result of an injury or illness suffered in the performance of the member's duties after completing 20 years of credited service, the member shall be entitled to the benefits set forth in Subsection C during the period of the member's permanent and total disability or, if sooner, until the date upon which the member would have completed 25 years of service and qualified for service retirement had such member rendered service without interruption, at which time the member shall receive an occupational disability pension equal to the normal retirement benefit the member would have received if retired for service on said date.
E. 
In lieu of workers' compensation benefits. The benefits established in Subsections C and D are in lieu of workers' compensation benefits, which have not been available to the participants herein since the inception of the plan.
F. 
Presumption of disability.
(1) 
Firefighters. As provided in § 45-19-16 of the General Laws of the State of Rhode Island, 1956, as amended, in the event that an officer or member of the permanent Fire Department who remains in the City of Pawtucket Firefighters' Pension as defined in § 59-16 of the Code of the City of Pawtucket suffers from a respiratory ailment, it shall be presumed that said condition is attributable to his or her employment as a firefighter. This presumption may be rebutted by a physician or physicians retained by the City of Pawtucket through medical and/or scientific evidence that disproves the causal connection between the illness and the occupation as a fire officer in the event that said application is for an occupational disability pension. All persons shall be subject to a physical upon entering the employment of the Department to determine preexisting conditions.
(2) 
Police officers. In the event that a member of the Police Department is totally disabled and unable to perform duties because of a heart condition, it shall be presumed that said condition is attributable to his or her employment as a police officer. This presumption may be rebutted by a physician or physicians retained by the City through medical or scientific evidence that disproves the causal connection between the illness and the occupation as a police officer in the event that said application is for an occupational disability benefit.
G. 
Recertification.
(1) 
Any member who is receiving total and permanent disability benefits as a result of an injury or illness suffered in the performance of the member's duties and who, as of the date of the passage of this article, has not begun to receive the occupational disability benefits equal to the normal retirement benefit as referenced in Subsection D, may apply to recertify that the injury or illness is an occupational disability with respect to disability benefits received after January 1, 2006. Upon application by the member for recertification, the City shall review the member's existing medical records that resulted from the physician examinations conducted under § 59-25. In the event that the City determines that these medical records demonstrate that the member suffered an occupational disability, the City will certify that the member has an occupational disability. In the event that the City determines that these medical records are inconclusive as to whether the member suffered an occupational disability, the City shall request that the physicians who examined the member review their reports to determine whether the member became totally and permanently disabled as a result of an injury or illness suffered in the performance of the member's duties. In the event that the physicians who examined the member determine from a review of their records that the member suffered an occupational disability, the physicians will certify that the member has an occupational disability. If the physicians who examined the member are unable to determine from a review of the records whether the member has an occupational disability, the member may request a reexamination by the same physicians for the purpose of determining whether the member's disability was as a result of an injury or illness suffered in the performance of the member's duties. The determination of whether the member's disability is occupational shall be made upon the basis of the reports on the reexaminations made by these physicians. Members who elect to apply for such recertification for disability benefits received during calendar year 2006 must apply to the City no later than December 31, 2006.
(2) 
Any member who recertifies under this subsection shall be subject to Subsections C and D with respect to disability benefits received in the calendar year in which he or she applies.
(3) 
Any member who is receiving total and permanent disability benefits as of the date of the passage of this article as a result of an injury or illness suffered in the performance of the member's duties and who does not recertify that the injury or illness is an occupational disability shall be subject to the disability benefits established in Subsections A and B.
A. 
The determination of the disability from any cause shall be made upon the basis of reports on examinations made by three physicians consisting of a City physician, a physician employed by the member and a third physician selected by the other two. Each physician shall be required to state whether the disability is occupational or nonoccupational in nature.
B. 
A member on disability may be required to submit to an examination at least once each year by a physician or physicians appointed by the Personnel Board of the City of Pawtucket to establish that the member is totally and permanently incapacitated for normal service as a police officer or firefighter and is entitled to continue to receive disability payments. If such physician or physicians determine that the member is no longer totally and permanently incapacitated for his or her normal service, the member shall have the right to request examination by an impartial physician who shall be selected by the City's physician and the member's physician. If said impartial physician determines that the member is no longer totally and permanently incapacitated for normal service as a police officer or firefighter, the Personnel Board may cancel such member's disability payments. If such cancellation occurs and the member does not reenter service, he or she shall be entitled to a refund of the excess, if any, of the contributions made by him or her, including interest over the amounts received by the member as disability payments.
C. 
Should any member receiving a disability annuity refuse to submit to a medical examination, disability payments by the system shall be discontinued until compliance with the provisions hereof. Should such refusal continue for one year, all rights of the member to any disability payments shall be revoked by the Personnel Board.
A. 
In the event that a member dies prior to retirement and is survived by a spouse or children, the spouse shall be entitled to a pension benefit equal to 50% of the member's highest or final salary plus an additional 10% for each dependent child under 21 years of age, said benefits not to exceed a total of 70% of the member's highest or final salary, and said benefits shall be continued during the lifetime of the spouse or until he or she remarries.
B. 
In addition to the benefits heretofore mentioned, in the event that a member shall die and there is no surviving spouse, each eligible surviving child shall receive 20% of the member's compensation subject to a maximum sum payable equal to 60% of the member's compensation until the age of 21 years or marriage prior thereto.
C. 
In the event that a member dies after retirement and has not exercised the option set forth in § 59-19 hereof, then the spouse or children shall receive the balance of the member's pension for a period not to exceed 120 months less the sums paid to the member for the period up until the member's death. Thereafter, payments equal to 67 1/2% of the member's monthly retirement benefit will be paid to the member's surviving spouse for the remainder of the spouse's life or until the spouse remarries.
D. 
In the event that a member who has retired and is married dies before his or her spouse, payments equal to 67 1/2% of the member's monthly retirement benefit will be paid the member's surviving spouse for the remainder of the spouse's life or until the spouse remarries.
E. 
In the event a police officer with more than 20 years of service dies prior to retirement and is survived by a spouse and/or children, then his spouse and/or children shall be entitled to the same pension benefits as the police officer would have received had he retired on the day before his death.
F. 
Any police officer killed while in the actual performance of his duties or whose death directly results from injuries sustained while in the pursuit, attempted apprehension or apprehension of a criminal suspect shall be promoted posthumously to the next highest rank, (e.g., patrolman to sergeant, sergeant to lieutenant, detective to detective sergeant, detective sergeant to detective lieutenant, etc.), and all pension benefits that his beneficiaries are entitled to receive shall be calculated at that new rank.
Commencing July 1, 1998, for police officers and July 1, 1999, for firefighters, each member shall have deducted from his or her weekly salary an amount equal to 7 1/2% of his or her normal weekly salary plus holiday pay and longevity pay, which shall be applied by the City for the pension benefits herein provided.
[Amended 2-22-2007 by Ch. No. 2838; 6-16-2010 by Ch. No. 2937; 3-10-2011 by Ch. No. 2954; 2-20-2014 by Ch. No. 3043]
A. 
In the event that the administration submits a budget proposal to the City Council containing less than 95% of the ARC, notice must be given and a public hearing must be held pursuant to Subsection D of this section.
B. 
In the event that the City Council through any action, including, but not limited to, amending any budget, proposes the funding of less than 95% of the ARC, notice must be given and a public hearing must be held pursuant to Subsection D of this section.
C. 
The City shall not submit nor approve nor amend any City ordinance, resolution, policy, procedure, nor mayoral order authorizing payment of less than 95% of the ARC without first giving notice and holding a hearing pursuant to Subsection D of this section.
D. 
Should any event occur under Subsections A, B and/or C of this section:
(1) 
The administration shall give notice to union leadership of the Fire and Police Unions, each pensioner receiving benefits, and the Pension Board;
(2) 
A separate public hearing will be held on the subject of the funding of less than 95% of the ARC prior to the passage of such budget or other ordinance, resolution, policy, procedure, or mayoral order.
The Personnel Board may, after a hearing, discontinue the pension payments to any member of the pension system for cause, subject to the limitations of law.