Authority and power are hereby vested in the City, its City
Council and its several officers, agents and employees to do and perform
any act, and to exercise any authority granted, permitted or required
under the provisions of the State Employees' Retirement Act, as it
now exists or hereafter may be amended, to enable the City to continue
as a contracting City under the State Employees' Retirement System.
All eligible "local safety members" and all eligible appointive, full-time
City employees, except those who are members of the pension System
mentioned in Section 1101 of this Charter, shall be members of the
State Employees' Retirement System unless and until the contract is
terminated as hereinafter provided. The City Council shall provide
for the voluntary transfer of members of said pension System mentioned
in Section 1101 to the State Employees' Retirement System and shall
prescribe the methods, terms, conditions, qualifications and requirements
for such transfer consistent with the provisions of this Charter and
with any present or future contract with the Board of Administration
of the State Employees' Retirement System.
The City Council may terminate any contract with the Board of
Administration of the State Employees' Retirement System only under
authority granted by ordinance adopted by a majority vote of the electors
of the City voting on such proposition at an election at which such
proposal is presented.
Nothing contained in this Article shall be deemed or construed
to impair or detract from, in any manner whatsoever, the continued
and full enjoyment of all vested rights, privileges and benefits and
the continuance of all provisions of the pension System provided for
in Article XV-A and other provisions of the immediately preceding
Charter of the City as amended to the effective date of this Charter,
as to all present and existing members and beneficiaries of said System
as of the effective date of this Charter; provided, however, that
no new or additional members shall thereafter be added to or included
in said pension System.
Wherever in said pension System, reference is made to the "Board
of Police and Fire Commissioners," the same shall be deemed to refer
to the appointing power under this Charter. The Board of Fire and
Police Pension Commissioners, established by said Charter as so amended
shall continue to exist, function and operate and new members be appointed
thereto until, and only until, such time as there shall no longer
be any member or beneficiary of said System in existence, whereupon
said pension System and said Board of Fire and Police Pension Commissioners
shall terminate. In lieu of appointment of an active member of the
Police Department and Fire Department as provided in Article XV-A,
the Mayor, with consent of the City Council, may appoint a retired
member of the Police Department and Fire Department.
Notwithstanding the provisions of said preceding Charter, the
Board of Fire and Police Pension Commissioners may invest any funds
placed under its jurisdiction for investment pursuant to said Article
XV-A of said preceding Charter in any securities or assets in which
the funds of the State Employees' Retirement System may lawfully be
invested at the time of such investment, subject, however, to all
conditions, limitations and requirements imposed by law upon the investment
of such funds of the State Employees' Retirement System at such time.
(Approved by election held June 6, 1978.)
Notwithstanding the provisions of said preceding Charter, the
amount of the Service Retirement benefit (Section 3(a) and 3(b) of
Article XV-A) shall be increased by $100 per month on July 1, 1980.
The City Council may, by ordinance, annually increase the amount of
the Service Retirement if the City Council, based upon competent actuarial
advice, determines that there are sufficient reserve funds in the
Service Retirement Fund to discharge the liabilities of such increase.
(Approved by election held June 3, 1980.)
Notwithstanding the provisions of said preceding Charter, the
benefit paid each member retired because of disability, pursuant to
Sections 5 and 6 of Article XV-A, shall be increased by $100 per month
on July 1, 1980. The City Council may, by ordinance, annually increase
the amount of the benefit if the City Council determines funds are
available and it is in the best interest of the City to do so.
(Amended pursuant to elections held June
6, 1978; June 3, 1980)
