[HISTORY: Adopted by the Borough of Rutherford Council 5-6-1969 by
Ord. No. 2022; amended in its entirety 3-18-1997 by Ord. No. 2790-97. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural children or legally adopted child of a volunteer who
shall die in the performance of his or her duties.
Any person legally married to a volunteer fire fighter who shall
die in the performance of his or her duties.
The surviving spouse and/or minor child or children of any volunteer
fire fighter who shall hereafter die as the result of injuries sustained in
the course of performance of duty as a member of the Volunteer Fire Department
of the Borough of Rutherford shall be paid a pension upon passage of a resolution
providing for the payment of same by the governing body.
Prior to passage of the aforesaid resolution, the governing body shall
determine that such death was caused in the course of performance of duty.
For the purposes of this chapter, the term "in the course of performance of
duty" shall be deemed to mean actual engagement in the fighting of a fire,
rescue operations or actual participation in regular training programs of
the Volunteer Fire Department.
A.Â
Such pension shall be in the sum of $7,200 per annum,
to be appropriated annually in the borough budget, and shall be paid in equal
monthly installments.
B.Â
Such minor child's or children's pension shall be in
the sum of $1,200 per annum per child, to be appropriated annually in the
borough budget, and shall be paid in equal monthly installments to the guardian
of said minor child or children.
C.Â
The annual pensions entitled to be received by the surviving
spouse and/or surviving minor children of the deceased fire fighter shall
be increased for each year in proportion to which the cost of living index
of the Bureau of Labor Statistics (New York, New York -Â Â Northeastern,
New Jersey) shall increase above the index published for January 1, 1997,
as against the cost of living index set forth on January 1 of each succeeding
year of eligibility to receive such pension.
A.Â
Such spouse's pension shall be paid to the widow or widower
of a deceased volunteer fire fighter only during said surviving spouse's widowed
status. If there is no surviving spouse or if the surviving spouse shall thereafter
die, said pension shall be paid to or for the use of the minor child or children
of such fire fighter until such child or children shall attain 18 years of
age or 21 years of age should each such child or children continue to actively
pursue his or her formal education at an undergraduate school.
B.Â
Such minor child's or children's pension shall be paid to or for the use of the minor child or children of such fire fighter until such child or children shall attain 18 years of age or 21 years of age should such child or children continue to actively pursue his or her formal education at an undergraduate school. The pension a minor child or minor children shall be entitled to receive pursuant to the provisions of this subsection shall be in addition to any pension said child or children may be entitled to receive pursuant to the provisions of § 67-5A.
The initial payment of such pension shall commence the first day of
the first month after the death of such fire fighter.
This chapter shall take effect upon final passage and
publication thereof in the manner provided by law.
