Pursuant to the authority vested in the city council by Chapter 1414 of the Public Laws, 1944, entitled "An Act Authorizing the City of Cranston to Establish a Pension Fund for Members of the Fire Department of the City of Cranston," as amended by Chapter 1704 of the Public Laws, 1946, and further amended by Chapter 2823 of the Public Laws, 1951, the city council creates a pension list and a pension fund for members of the permanent fire department of the city.
(Prior code § 10-7)
The firemen's pension fund shall consist of:
A. 
From May 1, 1946, to October 31, 1953, inclusive, five percent of the annual salary paid to each officer and member of the fire department, and commencing November 1, 1953, to June 30, 1969, one percent of such salary, and commencing July 1, 1969, three percent of such salary.
B. 
All subscriptions, bequests, donations and gifts which may be presented, paid or given to the firemen's pension fund.
C. 
Such sums as the city council may heretofore have appropriated and may from time to time hereafter appropriate for the proper carrying out of the purposes of Chapter 1414 of the Public Laws of 1944, as amended by Public Laws of 1946, c. 1704; 1951, c. 2823.
(Prior code § 10-8)
The city treasurer, ex officio, shall be custodian of the firemen's pension fund and is authorized and directed to deduct in weekly installments, five percent, one percent and three percent, respectively, as provided in the preceding section, of the annual salary of each member and officer of the fire department, and to place the same in the firemen's pension fund.
All of the moneys, accruing from the various sources enumerated in the preceding section which the city treasurer is authorized to receive, shall be known as the "Firemen's Pension Fund of the City of Cranston." The firemen's pension fund shall be kept separate and apart by the city treasurer from any and all other moneys in his or her care. He or she shall pay monthly from such fund to the beneficiaries thereof such sums as are hereinafter provided.
(Prior code § 10-9)
The city treasurer of the city of Cranston is authorized, under the authority vested in Section 7.05 of the charter of the city of Cranston, to invest retirement and pension funds, not needed for immediate disbursement, subject to the approval of the investment committee.
A. 
Pursuant to the aforementioned duties of the city treasurer, a financial institution shall be chosen to invest, advise, manage and direct the city of Cranston pension obligations consistent with the city of Cranston charter and relevant ordinances pertaining to the same. Said financial institution, (currently, UBS Financial Services, a corporation dedicated to the preparation and administration of investment plans) shall present their plan to the investment committee, who will review the recommended asset allocation and investment policy.
B. 
The investment committee shall review the asset allocation and investment policy developed by the outside investment firm (currently, UBS Financial Services), and shall pass their recommendation to the finance committee for review prior to being forwarded to the Cranston city council.
C. 
The city council is authorized, under the authority vested in Section 3.01 of the charter of the city of Cranston to consider, and adopt the asset allocation and investment policy developed by the investment company hired by the city of Cranston (currently, UBS Financial) and approved by the investment committee.
D. 
The city council shall be presented with the investment and asset allocation plan by the investment corporation for ratification and approval after the same has been approved by the investment committee. Any subsequent changes to the aforementioned asset allocation and investment plan shall be presented to the investment committee for approval and to the city council for ratification and approval at the next city council meeting following said presentation to the investment committee.
(Ord. 05-4 § 1)
Any officer or sworn member of the permanent fire department who has been in active service in such department may retire pursuant to this section upon his or her written application to either the Cranston city council if said member is a member of the city of Cranston firefighter's pension as hereinafter defined in subsection (A) of this section or to the state of Rhode Island retirement board if said member is a member of the state of Rhode Island's optional twenty (20) year on service allowance Rhode Island General Laws Section 45-21.2-22, as modified, and hereafter defined in subsections (B) and (C) of this section. Upon said member qualifying for a pension either under subsections (A), (B) or (C), the city council by a majority vote or the state of retirement board shall approve said pension and the member so retired shall be entitled to the respective benefits as follows:
A. 
City of Cranston Firefighters' Pension (Members Hired Prior to July 1, 1995).
1. 
The pension contributed to and received by all members hired prior to July 1, 1995, shall be paid from the city of Cranston firefighters' pension. All members will accrue a pension in an amount equal to two and one-half percent of their salary per credited year of service. Upon the completion of twenty (20) credited years of service a member who has attained the age of fifty-five (55) years may retire a pension payment of fifty-five (55) percent of the member's weekly salary at the time of the member's retirement. A member who has not attained the age of fifty-five (55) years may retire with a pension payment of fifty (50) percent of the member's weekly salary at the time of the member's retirement.
2. 
Members will be able to accrue an additional two percent per year in pension payments to a maximum of twenty (20) percent for a maximum of thirty (30) credited years of service, subject to the provisions of subsections (A)(3)(a), (b) and (c). These additional pension payments will be added to the fifty (50) percent pension payment if the member retires prior to age fifty-five (55), or the fifty-five (55) percent pension payment if the member retires after reaching age fifty-five (55), after the completion of twenty (20) credited years of service to a maximum pension payment of seventy (70) percent of the member's weekly salary at the time of the member's retirement.
3. 
Members who have completed over twenty (20) credited years of service as of July 1, 1995, shall have the option of buying additional credited years of service as defined in subsection (A)(3)(a) or being paid for said additional credited years of service as defined in subsection (A)(3)(b), or a combination of same as defined in subsection (A)(3)(c) as follows:
a. 
Members who have completed over twenty (20) credited years of service as of July 1, 1995, can purchase the number of credited years of service over twenty (20) credited years as of July 1, 1995, up to a maximum of ten (10) years. The purchase rate for all credited years of service will be five percent of the weekly salary rates in effect for the corresponding credited years of service. Each credited year of service purchased will increase the pension payment received at retirement by two percent up to a maximum of twenty (20) percent for ten (10) years. These additional pension payments will be added to the fifty (50) percent pension payment if the member retires prior to age fifty-five (55), or the fifty-five (55) percent pension payment if the member retires after reaching age fifty-five (55), after the completion of twenty (20) credited years of service to a maximum pension payment of seventy (70) percent of the member's weekly salary at the time of the member's retirement.
b. 
Members who have completed over twenty (20) credited years of service as of July 1, 1995, can be paid at retirement for the number of credited years of service over twenty (20) at the rate of one thousand two hundred dollars ($1,200.00) for all credited years of service over twenty (20) credited years to a maximum of thirty (30) credited years of service.
c. 
Members who have completed over twenty (20) credited years of service as of July 1, 1995, shall have the option of either buying additional credited years of service or being paid for said additional credited years of service. Said members shall have the option of buying back all or a portion of their credited years of service or being paid for all or a portion of their credited years of service or receive a combination of both of the above for said additional credited years of service over twenty (20). Under no circumstance shall the number of credited years bought back by the member, or paid to the member on retirement exceed the total number of credited years of service a member has served over twenty (20) years, as determined on July 1, 1995.
4. 
Members who have served in the Armed Forces of the United States, in an active duty capacity will be eligible to purchase up to a maximum four years of military service at the rate of five percent of the weekly salary of six hundred fifty-four dollars and forty cents ($654.40) effective July 1, 1995. The purchase price for each credited year purchased shall be one thousand seven hundred one dollars and forty-four cents ($1,701.44). These purchased active military service years will be in addition to a member's credited years of service for pension payment up to a maximum of thirty (30) credited years of service. However, these purchased military service years shall only be applied for pension purposes after the member has completed twenty (20) years of service. Purchased active military service years shall only be added after any and all other optional purchased credited years of service have been applied.
5. 
Members who have served in the Armed Forces Reserve of the United States, will be eligible to purchase up to a maximum four years of military service at the rate of five percent of the weekly salary of six hundred fifty-four dollars and forty cents ($654.40) effective July 1, 1995. The purchase price for each credited year purchased shall be one thousand seven hundred one dollars and forty-four cents ($1,701.44). For the purposes of this section, four years of service as a reservist in the Armed Forces of the United States shall equal one year of military service (one credited year). These purchased reserve military service years will be added to a member's credited years of service for a pension payment up to a maximum of thirty (30) credited years of service. However, these purchased reserve military service years shall only be applied for pension purposes after the member has completed twenty (20) credited years of service. Purchased reserve military service years shall be used for pension purposes only. Credit for military service years shall only be added after any and all optional purchased credited years of service have been applied.
6. 
Effective July 1, 2002, members shall contribute an amount equal to nine and one-half percent of the weekly salary, earned or accruing, to said member. Effective July 1, 2003, members shall contribute an amount equal to ten (10) percent of the weekly salary, earned or accruing, to said member. Effective July 1, 2004, members shall contribute an amount equal to ten and one-half (101/2) percent of the weekly salary, earned or accruing, to said member.
7. 
Notwithstanding any language in Chapter 2.28 entitled fireman's pension fund or any other law or statute or ordinance or memorandum of agreement or settlement agreement or binding arbitration award or collective bargaining agreement provision or any other statutory or contractual provision or legislative enactment to the contrary, for any officer or member of the permanent fire department who was hired prior to July 1, 1995 and in said plan who is still an active employee and for any such member so retired and for any beneficiaries receiving any retirement, disability or widow/widower benefit or any other benefit of any kind in said plan, any automatic annual escalation or pension cost-of-living adjustment (COLA) of the pension payment of the member or beneficiary in accordance with these sections shall be suspended for a period of ten (10) years beginning July 1, 2013.
8. 
Notwithstanding any language in Chapter 2.28 entitled fireman's pension fund or any other law or statute or ordinance or memorandum of agreement or settlement agreement or binding arbitration award or collective bargaining agreement provision or any other statutory or contractual provision or legislative enactment to the contrary, upon the expiration of the ten (10) year period provided for above, for any officer or member of the permanent fire department who was hired prior to July 1, 1995 and in said plan who is still an active employee and for any such member so retired and for any beneficiaries receiving any retirement, disability or widow/widower benefit or any other benefit of any kind in said plan the automatic annual escalation or pension cost-of-living adjustment (COLA) of the pension payment of the member or beneficiary shall automatically escalate in an amount fixed at three percent per annum, compounded, without any further escalation based on raises granted to active employees.
9. 
The determination of the employer contribution rate for fiscal year 2014 and thereafter shall include a re-amortization of the unfunded actuarial accrued liability over a twenty-six (26) year period.
B. 
Optional State of Rhode Island Pension (Members who Have Five or Less Years of Service as July 1, 1995).
1. 
Members with less than five years of service effective July 1, 1995, who choose to transfer into the state of Rhode Island optional twenty (20) year retirement on service allowance shall be governed by the terms and conditions as follows:
a. 
All costs incurred in the transfer of these members into the state of Rhode Island Pension plan will be borne solely by the city of Cranston with no cost to the members.
b. 
All credited years of service in the city of Cranston fire fighters' pension plan shall be transferred into the state of Rhode Island pension plan, R.I. Gen. Laws 45-21.2-22, as modified, without any loss of credited years of service. All persons becoming members of the state of Rhode Island pension plan as heretofore described, shall waive and renounce all accrued rights and benefits of any pension or retirement system supported wholly or part by a municipality, if said pension or retirement system was in existence prior to July 1, 1995.
c. 
Members enrolled in the state of Rhode Island pension plan will accrue two and one-half percent per credited year of service up to a maximum of seventy-five (75) percent pension payment for thirty (30) credited years of service.
d. 
Upon the accidental death of a member before retirement, provided that evidence shall be submitted to the retirement board proving that the death of the member was a natural and proximate result of an accident while in the performance of duty at some definite time and place and that the death was not the result of willful negligence on the member's part, the benefits as provided for in R.I. Gen. Laws 45-21.2-11 shall be paid in accordance with the terms and conditions of said R.I. Gen. Laws 45-21.2-11.
e. 
Members who choose a service retirement allowance shall be governed in accordance with the general laws of the state of Rhode Island Title 45.
f. 
Members who choose to transfer in to the state of Rhode Island optional twenty (20) year retirement on service allowance pursuant to this section shall receive, effective July 1, 1995, a city of Cranston individually funded annuity based on three percent of the weekly salary for members with over three years of service. Said annuity shall continue up to a maximum of thirty (30) credited years of service. Said annuity shall be payable to the member, regardless of length of service, upon separation of employment from the Cranston fire department. Said annuity shall be payable upon the death of the member to the member's widow or widower, or the member's estate.
g. 
Members enrolled in the state of Rhode Island pension plan shall be subject to and receive all of the benefits of the general laws of the state of Rhode Island Title 45.
h. 
Members shall contribute an amount equal to ten and one-half (101/2) percent of the weekly salary, earned or accruing, to said member commencing July 1, 2002. Members shall contribute an amount equal to eleven (11) percent of the weekly salary, earned or accruing, to said member commencing July 1, 2003. Members shall contribute an amount equal to eleven and one-half (111/2) percent of the weekly salary, earned or accruing, to said member commencing July 1, 2004.
C. 
Optional State of Rhode Island Pension (Members hired after July 1, 1995).
1. 
Members hired after July 1, 1995, will be enrolled in the "state of Rhode Island optional twenty (20) year retirement on service allowance," R.I. Gen. Laws 45-21.2-22, with the agreed upon modifications that accompany this plan.
2. 
The pension contributed to and received by all members hired after July 1, 1995, shall be paid in accordance with the terms and conditions of R.I. Gen. Laws 45-21.2-22. Said pension payment will be based on the member's weekly salary.
3. 
Members who choose a service retirement allowance shall be governed in accordance with the general laws of the state of Rhode Island Title 45, as amended.
4. 
Members enrolled in the state of Rhode Island pension plan shall be subject to and receive all of the benefits of the general laws of the state of Rhode Island Title 45, as amended.
5. 
Members shall contribute an amount equal to ten and one-half (101/2) percent of the weekly salary, earned or accruing, to said member commencing July 1, 2002. Members shall contribute an amount equal to eleven (11) percent of the weekly salary, earned or accruing, to said member commencing July 1, 2003. Members shall contribute an amount equal to eleven and one-half (111/2) percent of the weekly salary, earned or accruing, to said member commencing July 1, 2004.
(Prior code § 10-11; Ord. 03-33 § 1; Ord. 2013-6, § 1, 4/22/2013)
A. 
General Provisions.
1. 
Payment of an employee's retirement allowance or annuity or other benefit or payments as provided in Chapter 2.28 shall be for honorable service only.
2. 
For purposes of this section, "crime related to his or her public employment" shall mean any of the following:
a. 
The committing, abiding or abetting of an embezzlement of public funds;
b. 
The committing, aiding or abetting of any felonious theft by a public employee from his or her employer;
c. 
Bribery in connection with employment of a public employee; and
d. 
The committing of any felony by a public employee who willfully, and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment.
3. 
For purposes of this section, "public employee" or "employee" shall mean any current or former city elected official, or any appointed official or employee of the city, or of a city board, commission or agency, who is otherwise entitled to receive a retirement allowance or annuity or other benefit or payment of any kind pursuant to Chapter 2.28.
4. 
Revocation or Reduction Authorized. Notwithstanding any other provision of law, any retirement allowance or annuity or other benefit or payment of any kind to which an employee is otherwise entitled to under Chapter 2.28 shall be revoked or reduced in accordance with the provisions of this section if such employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public employment. Any such conviction or plea shall be deemed to be a breach of the employee's contract with his or her employer.
5. 
Hearing—Civil Action. Whenever any employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public employment, the personnel appeal board shall conduct a meeting, with the employee having the opportunity to be heard, to determine if a recommendation of revocation or reduction of any retirement allowance or annuity or other benefit or payment to which the employee is otherwise entitled to under this chapter is warranted. If the personnel appeal board determines that revocation or reduction of any retirement allowance or annuity or other benefit or payment to which the employee is otherwise entitled to under this chapter is warranted, the personnel appeal board shall initiate a civil action in the superior court for the revocation or reduction of any retirement allowance or annuity or other benefit or payment to which the employee is otherwise entitled to under Chapter 2.28.
6. 
For purposes of this section, "pleads guilty or nolo contendere" shall not include any plea of guilty or nolo contendere which does not result in a conviction by virtue of G.L. 1956 Section 12-10-12 or 12-18-3, as amended.
(Ord. 2009-55, § 3, 10/26/2009; Ord. 2013-6, § 1, 4/22/2013)
That any change, by ordinance, in the benefits to retired or active firefighters as a group that may affect their pension benefits from the city's pension fund, including, but not limited to, cost-of-living adjustments (COLAs), longevity payments, time-in-service bonuses, etc., must be accompanied by an actuarial impact analysis by the city's official actuarial consultant prior to adoption of said ordinance.
This section shall apply only to those benefits that are paid to active or retired members as a group participating in the city's pension fund, and not apply to changes to individual members.
The actuarial impact analysis shall be attached to said ordinance for consideration during the public hearing process.
(Ord. 04-9 § 1)
A. 
Occupational Disability Pension.
1. 
Any officer or sworn member of the permanent fire department who has been in active service in such department and who remains in the city firefighters' pension as defined in Section 2.28.050 who has not attained normal retirement age and who has become mentally or physically incapacitated and is substantially incapable of performing all the duties of a firefighter as a result of an injury or illness sustained or resulting from a hazard undergone while in the performance of the member's duties at some definite time (if possible) and said incapacity is likely to be permanent, may apply for an occupational disability pension.
2. 
Any officer or sworn member who believes that he or she is totally and permanently incapacitated from further duty as a result of an injury or illness sustained or resulting from a hazard undergone while in the performance of the member's duties may file an application for an occupational disability pension with the chief of the fire department. Every application for said pension shall include the following documents:
a. 
A statement indicating the member's intent to retire;
b. 
A written evaluation from a physician certifying that the member is totally and permanently disabled from performing the member's particular job and also stating the specific reasons why the physician is making such certification. Said evaluation shall describe in detail the disabling physical or mental condition in terms of:
i. 
The nature of the disabling condition,
ii. 
The degree of its severity,
iii. 
The prognosis for improvement or deterioration,
iv. 
The availability of remedial treatment,
v. 
The impact of the condition on the member's ability to perform the duties of a firefighter,
vi. 
The probable effect on the disabling condition of continued performance of firefighter duties, and
vii. 
The physician's assessment as to whether the disabling condition is proximately related to the member's occupation as a firefighter;
c. 
A sworn detailed statement by the member of the circumstance or the event or hazard undergone, and the place and time of such event or hazard, to the extent possible, from which the personal injury or illness was sustained upon which the occupational disability pension is claimed;
d. 
A sworn detailed statement by the member of the duties and/or essential job functions he or she believes that he or she is unable to perform with or without reasonable accommodation;
e. 
Authorization and/or releases for medical or insurance records relating to the member and the injury or illness which the member is claiming as a basis for the occupational disability pension, or on which the member may rely at any future date to sustain a finding of disability as follows:
i. 
Records of the member's personal physicians and of the physician submitting the letter referred to in subsection (A)(2)(b) of this section,
ii. 
Records of all physicians or medical institutions examining or treating the member for the disease or injury upon which the application is based,
iii. 
Records of all physical examinations performed within the five-year period to the application; or, if none are available for that period the most recent such records,
iv. 
The member's records in accordance with Rhode Island General Laws Section 45-19-1,
v. 
The member's hospitalization records for the last five years, and
vi. 
The accident or claim reports for the past five years of any insurer in connection with the personal injury sustained or the hazard undergone upon which the application is based; and
f. 
Authorizations and releases permitting each physician and medical institution described in this section to further explain and discuss the records, treatment performed, statements or prognosis made.
3. 
Upon receipt by the chief of the fire department of an application for occupational disability pension, the city shall arrange for a medical examination and evaluation to be conducted by a physician or physicians retained by the city. Such physician or physicians shall, to the extent practicable, have specialized knowledge or expertise in the area of the member's disabling condition. Said physician or physicians shall report in writing his or her findings in the same manner as prescribed above for the member's physician. If the member's physician and the physician or physicians retained by the city concur with respect to the nature and degree of disability, prognosis, treatment, effect on job performance and work related origin, then both evaluations will be forwarded along with the application for occupational disability pension to the mayor for his or her review and recommendation regarding retirement. The mayor shall forward the application for occupational disability pension, and all other documentation set forth in this section with or without his or her recommendation to the city council for their review and action. The application for occupational disability pension must be approved and authorized by a majority vote of the city council.
4. 
An officer or sworn member of the permanent fire department whose application for occupational disability pension is approved by the city council shall be removed from active service and shall receive a pension payment in an amount equal to sixty-six and two-thirds (66 2/3) percent of the member's total annual compensation, payable in equal monthly payments. "Total annual compensation" is the member's annual salary; longevity pay and holiday pay with the inclusion of longevity at the time of retirement adjusted for factors, if applicable including escalators and cost of living adjustments, which may be required by collective bargaining agreement. Said payments shall be considered to be paid in lieu of worker's compensation benefits. Said pension payments will commence at the beginning of the month following city council approval and shall continue until terminated under the provisions as set forth in subsection (J) of this section.
5. 
The chief of the fire department shall also have the authority to submit an application for occupational disability pension for any officer or sworn member of the permanent fire department who the chief believes has been unable to perform his or her duties due to an occupational related illness or injury for an uninterrupted period of eighteen (18) months and who does not appear to have a reasonable expectation of returning to full duty. Along with the application, the chief of the fire department shall also submit any medical information, on the job injury reports or other information pertaining to the member's condition or injury. The city shall arrange for a medical examination and evaluation to be conducted by a physician or physicians retained by the city. Such physician or physicians shall, to the extent practicable, have specialized knowledge or expertise in the area of the member's disabling condition. Said physician or physicians shall report in writing his or her findings in the same manner as prescribed above for the member's physician. If the physician or physician's report indicates that the member is totally and permanently incapacitated from further duty, then said evaluation will be forwarded along with the application for occupational disability pension to the mayor for his or her review and recommendation regarding disability pension. The mayor shall forward the application for occupational disability pension, and all other documentation set forth in this section with or without his or her recommendation to the city council for their review and action. The application for occupational disability pension must be approved and authorized by a majority vote of the city council.
B. 
Non-Occupational Disability Pension.
1. 
Any officer or sworn member of the permanent fire department who has been in active service in such department and who remains in the city's firefighters' pension as defined in Section 2.28.050(A) who has not attained normal retirement age and who has become mentally or physically incapacitated and is substantially incapable of performing all the duties of a firefighter as the result of an injury or illness not suffered in the line of duty, without serious or willful misconduct on the member's part, and said incapacity is likely to be permanent, may apply for a non-occupational disability pension.
2. 
Any officer or sworn member who believes that he or she is totally and permanently incapacitated from further duty as a result of an injury or illness not suffered in the line of duty may file an application for non-occupational disability pension with the chief of the fire department. Every application for said retirement shall include the following documents:
a. 
A statement indicating the member's intent to retire;
b. 
A written evaluation from a physician certifying that the member is totally and permanently disabled from performing the member's particular job and also the specific reasons why the physician is making such certification. Said evaluation shall describe in detail the disabling physical or mental condition in terms of:
i. 
The nature of the disabling condition,
ii. 
The degree of its severity,
iii. 
The prognosis for improvement or deterioration,
iv. 
The availability of remedial treatment,
v. 
The impact of the condition on the member's ability to perform the duties of a firefighter,
vi. 
The probable effect on the disabling condition of continued performance of firefighter duties, and
vii. 
The physician' s assessment as to whether the disabling condition is proximately related to the member's occupation as a firefighter;
c. 
A sworn detailed statement by the member of the circumstance or the event or hazard undergone, and the place and time of such event or hazard, to the extent possible, from which the personal injury or illness was sustained, upon which the non-occupational disability pension is claimed;
d. 
A sworn detailed statement by the member of the duties and or essential job functions he or she believes that he or she is unable to perform with or with out reasonable accommodation;
e. 
Authorization and or releases for medical or insurance records relating to the member and the injury or illness which the member is claiming as a basis for the disability pension, or on which the member may rely at any future date to sustain a finding of disability as follows:
i. 
Records of the member's personal physicians and of the physician submitting the letter referred to in subsection (B)(2)(b) of this section,
ii. 
Records of all physicians or medical institutions examining or treating the member for the disease or injury upon which the application is based,
iii. 
Records of all physical examinations performed within the five year period prior to the application; or, if none are available for that period, the most recent such records,
iv. 
The member's records in accordance with RIGL 45-19-1,
v. 
The member's hospitalization records for the last five years, and
vi. 
The accident or claim reports for the last five years of any insurer in this section with the personal injury sustained or the hazard undergone upon which the application is based; and
f. 
Authorizations and releases permitting each physician and medical institution described in this section to further explain and discuss the records, treatment performed, statements or prognosis made.
3. 
Upon receipt by the chief of the fire department of an application for non-occupational disability pension, the city shall arrange for a medical examination and evaluation to be conducted by a physician or physicians retained by the city. Such physician or physicians shall, to the extent practicable, have specialized knowledge or expertise in the area of the member's disabling condition. Said physician or physicians shall report in writing his or her findings in the same manner as prescribed above for the member's physician. If the member's physician and the physician or physicians hired by the city shall concur with respect to the nature and degree of disability, prognosis, treatment, effect on job performance and non-work related origin, then both evaluations will be forwarded along with the application for non-occupational disability pension to the mayor for his or her review and recommendation regarding retirement. The mayor shall forward the application for non-occupational disability pension and all other documentation set forth in this section with or without his or her recommendation to the city council for their review and action. The application for non-occupational disability pension must be approved and authorized by a majority vote of the city council.
4. 
An officer or sworn member of the permanent fire department whose application for non-occupational disability pension is approved by the city council shall be removed from active service and shall receive a pension payment in an amount equal to fifty (50) percent of the member's total annual compensation, as previously defined in subsection (A)(4) of this section, at the time of the member's retirement. Because of the non-occupational nature of the injury or illness giving rise to the disabling condition, such payments will not be considered to be paid in lieu of Worker's Compensation benefits. Said pension payments will commence at the beginning of the month following city council approval and shall continue until terminated under the provisions as set forth in subsection (J) of this section.
5. 
The chief of the fire department shall also have the authority to submit an application for non-occupational disability pension for any officer or sworn member of the permanent fire department who the chief believes has been unable to perform his or her duties due to a non-occupational related illness or injury for an uninterrupted period of six-months and who does not appear to have a reasonable expectation of returning to full duty. At the end of said six month period, the city shall arrange for a medical examination and evaluation to be conducted by a physician or physicians retained by the city. Such physician or physicians shall, to the extent practicable, have specialized knowledge or expertise in the area of the applicant' s disabling condition. Said physician or physicians shall report in writing his or her findings in the same manner as prescribed above for the member's physician. If the physician or physician's report indicates that the member is totally and permanently incapacitated from further duty, then said evaluation will be forwarded to the chief of the fire department. The chief of the fire department shall notify the member of his or her intention to submit an application for non-occupational disability pension for said member and said member shall be allowed thirty (30) days within which to submit a report in writing from the member's physician indicating his or her findings. If at the end of two additional months (an uninterrupted period of nine months) said member has still been unable to perform his or her duties, the chief of the fire department then may submit said application for retirement due to a non-occupational related illness or injury along with the physician or physician's report, the report of the member's physician, any other medical information, on the job injury reports or other information pertaining to the member's condition or injury to the mayor for his or her review and recommendation regarding retirement. The mayor shall forward the application for non-occupational disability pension and all other documentation set forth in this section with or without his or her recommendation to the city council for their review and action. The application for non-occupational disability pension must be approved and authorized by a majority vote of the city council.
C. 
Appointment of Neutral Physician.
1. 
In the event that the report or findings of the member's physician or physicians retained by the city do not agree in terms of nature and degree of the disabling condition, prognosis, treatment, effect on job performance, and or the proximate cause of the disabling condition, then a third neutral physician shall be selected with the mutual consent of the officer's or member's physician or physicians retained by the city. Said neutral physician shall be board certified and, to the extent practicable, have specialized knowledge or expertise in the area of the member's disabling condition. Said neutral physician shall be independent and shall not be associated with either the officer's or member's physician or physicians retained by the city in the same medical practice and may not include the member's treating or family physician. Said neutral physician shall be selected for the purpose of conducting an independent medical examination and evaluation of the member and he or she shall issue a written report of his or her findings in the same manner as prescribed for the member's physician. If the neutral physician's report indicates that the member is totally and permanently incapacitated, then said evaluation of the neutral physician along with the reports of the member's physician and the physician or physicians retained by the city shall be forwarded to the mayor for his or her review and recommendation regarding the disability pension. The mayor shall forward the application for occupational disability pension or non-occupational disability pension and all other documentation set forth in this section with or without his or her recommendation to the city council for their review and action. The application for occupational or non-occupational disability pension must be approved and authorized by a majority vote of the city council.
D. 
Presumptive Injuries.
1. 
It shall be presumed that in the event of an officer or sworn member of the fire department who remains in the city firefighter's pension as defined in Section 2.28.050(A) suffers the total loss of sight or the loss of (or functional loss of) a hand or a foot, that said officer or sworn member is totally and permanently disabled and eligible for either an occupational disability pension or a non-occupational disability pension as the particular circumstances would justify. This presumption may be rebutted by a physician or physicians retained by the city through medical and/or specific evidence which disproves the causal link between the illness and the occupation as a firefighter in the event that said application is for an occupational disability pension.
E. 
Presumptive Illness.
1. 
In the event an officer or member of the permanent fire department who remains in the city fire-fighter's pension as defined in Section 2.28.050(A) suffers from a heart condition, respiratory ailment, hypertension or from any condition derived from hypertension or from an occupational cancer as defined in Chapter 19.1 of Title 45 of the General Laws of Rhode Island, 1956, as amended, 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 through medical and/or scientific evidence which 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.
F. 
Annual Statement of Earnings and Reductions of Allowance Based on Earnings Information for Occupational Disability Pension.
1. 
With the retirement allowance check mailed nearest to January 1st of each year to any member/retiree retired with a disability pension, the director of finance shall enclose an annual statement of earnings form, together with Internal Revenue Service form 4506 or its equivalent. Each member/retiree receiving such forms shall complete and file on or before May 1st of each year the statement of earnings form, all W-2s, 1099s, form 4506 and any other proof of earnings required to be filed with the Internal Revenue Service for the preceding tax year.
2. 
The director of finance shall review all information from each member/retiree. If the director of finance finds that the member/retiree earned income that exceeds his or her annual disability pension benefit by twenty-five (25) percent, said annual disability pension benefit shall be reduced to allow for the repayment to the city for said excess. The total amount of the reduction shall be one dollar for each one dollar by which the actual earned income exceeded the disability pension benefit. For purpose of this section, earned income shall include wages, salaries, tips and net earnings from self-employment, and guaranteed payments as a partner. Any refund due to the city shall be paid by the member/retiree either in one lump sum payment on or before July 1st of the current year or in a reduction in the next six monthly payments (July through December) of the current year prorating said refund as equally as possible.
3. 
With respect to the pension reduction provided for in subsection (F)(2) of this section, and in recognition of the benefits of partial or total rehabilitation of a disabled retiree through alternative employment, the earned income adjustment will not reduce a pension to less than fifty (50) percent of the applicable pension benefit. An occupational disability retiree would thus receive a minimum disability pension equal to thirty-three and one-third (33 1/3) percent of his or her total annual compensation.
4. 
Failure by the member/retiree to furnish the director of finance with the annual statement of earnings form and all other documentation provided for in this section on or before May 1st of each year may allow the withholding of the member's/retiree's disability pension benefit pending such filing.
G. 
Evidence of Continuing Disability.
1. 
Until a member retired for disability reaches age fifty-five (55) or age sixty (60) for member/retirees who retired after age fifty-five (55), the city may require medical re-examinations once in each year during the five year period next succeeding the date of the member's/retiree's retirement and once in each two year period thereafter. If the city orders examinations, such examinations shall be scheduled within a reasonable distance of the member's/retiree's residence.
2. 
Whenever the city finds either as a result of a review, submission of earnings information, completion of a rehabilitation program or otherwise that a member retired for disability should be re-examined pursuant to this section, it shall order the member/retiree to be re-examined by a physician or physicians retained by the city. Such physician or physicians shall, to the extent practicable, have specialized knowledge or expertise in the area of the member's/retiree's disabling condition. If the physician's report certifies that the member/retiree is still disabled, no further re-examinations will be required at that time.
3. 
If the physician's report indicates that probable cause exists to believe that the member/retiree is no longer disabled, the city may order an additional re-examination by another physician or physicians retained by the city. The physician or physicians retained by the city should consult with and provide a report of their findings to the member's physician with respect to the nature and degree of disability, prognosis, treatment and effect on job performance. The additional examination along with the initial re-examination shall determine if a member/retiree is fit to return to duty and subsection (H) of this section shall govern his or her restoration to active service.
4. 
If a member retired for disability refuses a re-examination or additional examination as set forth in this section and it is determined by the director of personnel that there was no just cause for the member's/retiree's refusal to attend the medical re-examinations, the member's/retiree's disability pension allowance shall be discontinued immediately and if such refusal continues for one year thereafter, all rights in and to the disability pension shall be forfeited by the member/retiree.
H. 
Restoration to Active Service.
1. 
If, as a result of medical or other evidence as provided for in this section, the city finds that the mental or physical condition of the member/retiree has so changed that the member/retiree is able to return to the same or similar position, the city shall proceed to restore the member to active service as follows:
a. 
If a vacancy exists in the department at the same rank the member had attained immediately prior to retirement, the member shall be restored to such position forthwith. If more than one vacancy exists at the same rank and the member is otherwise entitled to the positions, the member shall be allowed, with the fire chiefs approval, in accordance with the collective bargaining agreement in force at that time, to select which position to which he or she is to be restored.
b. 
If no vacancy exists in the department at the same rank the member had attained immediately prior to retirement, the member shall be restored to the first available vacancy in the department at the member's former rank. Such member shall fill the first available opening in such rank as the member's seniority shall allow.
2. 
A member restored to active duty shall have all the same rank and pay grade which the member had upon retirement.
3. 
For retired members restored to active service, the period of time of the member's retirement shall not be counted for seniority, longevity, pension or any other purpose or purposes.
4. 
If the member/retiree refuses to return to active service, in accordance with this section, and it is determined by the director of personnel that there was no just cause for said refusal to return to active service, the member's/retiree's disability pension allowance shall be discontinued immediately and if such refusal continues for one year thereafter, all rights in and to the disability pension shall be forfeited by the member/retiree.
5. 
If the member/retiree is found to be fully recovered from the initial injury or illness which led to his or her disability pension, but said member/retiree is suffering from an injury or illness which occurred subsequent to his or her retirement, then such member/retiree may re-apply for an occupational disability pension or a non-occupational disability pension due to the new injury or illness. In order to be considered for a new occupational disability pension, the member/retiree must have previously provided the medical information supporting the new application, which existed at the time of his or her retirement to the city, if such evidence existed.
I. 
Rehabilitation.
1. 
The city may require any member/retiree retired for disability who is under age fifty-five (55) or, in the case of a member/retiree who retired after the age of fifty-five (55) and who is under the age of sixty (60), to participate in an evaluation to determine whether the member/retiree might benefit from a medical or vocational rehabilitation program. Such evaluation may include, but not be limited to, medical examinations, vocational testing, investigations, meetings and consultations with physicians or vocational counselors. The criteria used to determine whether a member/retiree should be evaluated shall be the following:
a. 
Present age,
b. 
Date of retirement,
c. 
Nature of disability,
d. 
Date of most recent available medical examination,
e. 
Summary of the findings of such examination,
f. 
Evidence received pursuant to subsection (F) of this section regarding earnings,
g. 
Medical file,
h. 
The city's original finding of disability,
i. 
Rehabilitation evaluation ordered by the city,
j. 
Participation in any rehabilitation program ordered by the city, and
k. 
Any other relevant information as determined by the city and provided by the member/retiree.
2. 
No member/retiree shall be subject to a modification of the retirement allowance (except as provided for in subsection (F) of this section) who is actively participating in a rehabilitation program approved by the city.
3. 
Upon the decision of the city to conduct a rehabilitation evaluation, the city shall arrange to contract with a rehabilitation provider to assist in determining whether the member/retiree would benefit from a rehabilitation program. The city shall provide the member/retiree at least fourteen (14) days notice of the date, time and location of the evaluation. The evaluation shall be held within a reasonable distance of the member's/retiree's residence. The city shall forward all pertinent employment and medical information to the rehabilitation provider conducting the evaluation.
4. 
The rehabilitation assessment of the member/retiree shall include, but not be limited to, a medical assessment evaluating the member's/retiree's past and present medical history and a vocational assessment evaluating the member's/retiree's past or present work experience, motivation, and possible advantages or other obstacles to rehabilitation.
5. 
If a member/retiree fails to appear at a scheduled rehabilitation evaluation and it is determined by the director of person fund that there was no just cause for the member's/retiree's refusal to appear at said scheduled rehabilitation evaluation, the member's/retiree's disability pension allowance shall be discontinued immediately and if such refusal continues for one year thereafter, all rights in and to the disability pension shall be forfeited by the member/retiree.
6. 
Following the evaluation, the rehabilitation provider shall forward to the city an assessment report which shall state whether the member/retiree is in need of or would benefit from a rehabilitation program and if so, shall recommend a suitable rehabilitation program. The report shall also be sent to the member/retiree.
7. 
Upon the receipt of the assessment report, the city shall arrange for the physician or physicians retained by the city to review the report and other pertinent information with the director of personnel and the chief of the fire department. A copy of the assessment report shall also be sent to the member's physician. If based upon the recommendations of the physician or physicians retained by the city and the director of personnel and the chief of the fire department, the city decides that a member/retiree may benefit from a rehabilitation program as recommended by the rehabilitation provider, the city shall within fourteen (14) days of the approval of the program notify the member/retiree of the requirement that he or she must follow the program recommended by the rehabilitation provider. The city shall pay all costs associated with an approved rehabilitation program.
8. 
If, based on the assessment report and upon other pertinent information, the city determines that a member/retiree is not disabled and does not need a rehabilitation program, the city shall notify the member/retiree of the results of the assessment.
9. 
If, based on the assessment report and upon other pertinent information, the city determines that a member/retiree is not disabled and does not need a rehabilitation program, the city shall institute the reexamination procedure as provided for in subsection (G) of this section.
10. 
Upon completion of the rehabilitation program, the rehabilitation provider shall notify the city in writing of the results of the rehabilitation. The city shall forward the report, if any, to the member/retiree. If the results indicate that the member/retiree is likely to be able to return to his or her former position, then the city shall notify the member/retiree and institute the re-examination procedures as provided for in subsection (G) of this section. If the results of the rehabilitation procedure are that the member/retiree is likely to be unable to return to his or her former position, then the city shall notify the member/retiree of the results.
11. 
No member/retiree will be required to undergo a rehabilitation program more than once every three years.
J. 
Termination of Disability Pension Benefits.
1. 
Any member/retiree who has been approved to receive a disability pension under the provisions of this section shall continue to receive such benefits until the earliest of the following events at which time said benefits shall cease:
a. 
Restoration to active service;
b. 
Revocation for failure to file annual statement of earnings and other documentation as set forth in subsection (F) of this section;
c. 
Revocation for failure to attend medical re-examinations as provided for in subsection (G) of this section;
d. 
Revocation for failure to return to active service as provided for in subsection (H) of this section;
e. 
Revocation for failure to appear at a scheduled rehabilitation evaluation as set forth in subsection (I) of this section;
f. 
Election of regular retirement;
g. 
Death of member/retiree:
i. 
Death of member/retiree if not survived by spouse and/or dependents under the age of twenty-one (21) years.
ii. 
If a member/retiree dies and is survived by a spouse and/or dependent(s) under the age of twenty-one (21) years, sixty-six and two-thirds (66 2/3) percent of the retiree's applicable disability retirement benefit will be paid to the surviving spouse until his or her death of the retiree/member, or following the death or remarriage of the surviving spouse, the sixty-six and two-thirds (66 2/3) percent of the retiree's applicable disability retirement benefit will be paid to the dependent(s) until his or her twenty-first (21) birthday.
2. 
If a member/retiree has been awarded an occupational disability pension under subsection (A) of this section, or a non-occupational disability pension under subsection (B) of this section, such retiree may make a written, irrevocable election to convert to a regular retirement pension for which he or she may be qualified. Once such irrevocable election is made by a retiree, he or she is no longer subject to the benefits, conditions or restrictions of this section.
K. 
Re-Certification of Prior Retirees.
1. 
Any member/retiree currently receiving disability retirement benefits as a result of a disability pension approved by the Cranston city council prior to May 1, 1999 may, at his or her option, elect to apply to the city for re-certification for occupational disability pension as being disabled as a result of an injury or illness sustained or resulting from a hazard undergone while in the performance of the member's duties as defined in subsection (A) of this section. A member/retiree electing re-certification for occupational disability pension under this section may file an application for re-certification for occupational disability pension with the chief of the fire department. Every application for re-certification for occupational disability pension should include the following documents:
a. 
A statement indicating the member's/retiree's intent to be re-certified;
b. 
A written evaluation from a physician certifying that the member/retiree is totally and permanently disabled from performing the member's/retiree's particular job and also stating the specific reasons why the physician is making such certification. Said evaluation shall describe in detail the disabling physical or mental condition in terms of:
i. 
The nature of the disabling condition,
ii. 
The degree of its severity,
iii. 
The prognosis for improvement or deterioration,
iv. 
The availability of remedial treatment,
v. 
The impact of the condition on the member's/retiree's ability to perform the duties of a firefighter,
vi. 
The probable effect on the disabling condition of continued performance of firefighter duties,
vii. 
The physician' s assessment as to whether the disabling condition is proximately related to the member's/retiree's occupation as a firefighter;
c. 
A sworn detailed statement by the member/retiree of the circumstance or the event or hazard undergone, and the place and time of such event or hazard, to the extent possible, from which the personal injury or illness was sustained, upon which the occupational disability pension is claimed;
d. 
A sworn detailed statement by the member/retiree of the duties and/or essential job functions he or she believes that he or she is unable to perform with or without reasonable accommodation;
e. 
Authorization and/or releases for medical or insurance records relating to the member/retiree and the injury or illness which the member/retiree is claiming as a basis for the occupational disability pension, or on which the member/retiree may rely at any future date to sustain a finding of disability as follows:
i. 
Records of the member's/retiree's personal physicians and of the physician submitting the letter referred to in subsection (K)(l)(b) of this section,
ii. 
Records of all physicians or medical institutions examining or treating the member/retiree for the disease or injury upon which the application is based,
iii. 
Records of all physical examinations performed from the date said disability pension was approved by the Cranston city council to present,
iv. 
The member's/retiree's records in accordance with RIGL 45-19-1,
v. 
The member's/retiree's hospitalization records from the date said disability pension was approved by the Cranston city council to present,
vi. 
The accident or claim reports from the date said disability pension was approved by the Cranston city council to present of any insurer in connection with the personal injury sustained or the hazard undergone upon which the application is based;
f. 
Authorizations and releases permitting each physician and medical institution described in this section to further explain and discuss the records, treatment performed, statements or prognosis made.
2. 
Upon receipt by the chief of the fire department of an application for re-certification for occupational disability pension, the city shall reserve the right for a medical examination and evaluation to be conducted by a physician or physicians retained by the city. Such physician or physicians shall, to the extent practicable, have specialized knowledge or expertise in the area of the member's/retiree's disabling condition. Said physician or physicians shall report in writing his or her findings in the same manner as prescribed above for the member's physician. If the member's physician and the physician or physicians retained by the city concur with respect to the nature and degree of disability, prognosis, treatment, effect on job performance and work related origin, then both evaluations will be forwarded along with the application for re-certification for occupational disability pension to the mayor for his or her review and recommendation regarding re-certification for occupational disability pension. The mayor shall forward the application for re-certification for occupational disability pension. The mayor shall forward the application for re-certification for occupational disability pension and all other documentation set forth in this section with or without his or her recommendation to the city council for their review and action. The application for re-certification for occupational disability pension must be approved and authorized by a majority vote of the city council.
3. 
Re-certification for occupational disability pension of a prior member/retiree pursuant to this section shall subject said member/retiree to all the provisions of this chapter, except that re-certification shall not in any way result in any increase or decrease in the amount of pension benefits paid to the member/retiree.
4. 
Any application for re-certification for occupational disability pension shall be submitted to the chief of the fire department on or before June 30, 2000.
(Prior code § 10-12)
A. 
Any officer or sworn member of the permanent fire department who has been in active service in such department and who remains in the city firefighter's pension as defined in Section 2.28.050(A) who has become incapable of performing the essential functions of the member's particular job by reason of age as hereinafter defined, upon the recommendation in writing of the mayor, may in the discretion of the city council be retired from active service and placed on the pension list. The pension shall be approved and authorized by a majority vote of the city council. An officer or sworn member of the permanent fire department whose pension is approved by the city council shall be removed from active service and shall receive a pension payment in an amount equal to but not less than fifty-five (55) percent of the member's total annual compensation, and depending on the number of credited years of service as defined in Section 2.28.050, not greater than seventy-five (75) percent of the member's total annual compensation, as previously defined in Section 2.28.050(A)(4), at the time of the member's retirement. Retirement by reason of age shall be defined as attainment of the age of fifty-five (55) years by an officer or sworn member of the permanent fire department.
B. 
Any officer or sworn member of the permanent fire department who has been in active service in such department and who remains in the city firefighter's pension as defined in Section 2.28.050(A) who is fifty-five (55) years of age or older as of the date of the adoption of this section, and thereafter, any other officer or sworn member as hereinabove described within not more than ninety (90) days nor less than seventy (70) days prior to being considered for continuation in active service, said officer or sworn member shall undergo and satisfactorily complete a comprehensive medical examination and evaluation to be conducted by a physician or physicians retained by the city. Said examination shall include but is not limited to cardiovascular testing, neurological testing, urinalysis, blood tests, chest x-rays, and vision/hearing testing. Further, the officer or sworn member shall pass a physical stress test which shall be commensurate with his or her job responsibilities as established by the chief of the fire department and the director of personnel. Said examination and evaluation must take place not more than ninety (90) days nor less than seventy (70) days prior to the officer or member attaining the age of fifty-five (55). The results of said examination and evaluation which shall include a certification by the physician or physicians administrating said examination and evaluation that the officer or sworn member is capable of performing his or her prescribed duties shall be forwarded along with the request to be continued in service to the mayor for his or her review and recommendation regarding same. The mayor shall forward the request to be continued in service with his or her recommendation to the city council for its advice and consent.
C. 
Further, annual extensions up to sixty-five (65) years of age may be granted on an annual basis in the manner as set forth above.
(Prior code § 10-12.1)
In the event of the death of any officer or member of the fire department on or after January 1, 1951, the persons referred to below shall be entitled to receive, and the custodian is authorized to pay to him or her from the firemen's pension fund, as a death benefit, an amount equal to the total amount of the deductions made from the salary of the deceased pursuant to the provisions of this chapter; provided, however, that if such deceased officer or member shall have been placed upon the pension list prior to his or her death the amount payable to such persons shall be limited to the excess, if any, of the total amount of such deductions over the total amount which the deceased shall have received as benefits from the pension fund during his or her lifetime; the previous above referred to being the widow of the deceased, or if there is no such widow, then the minor child of the deceased in equal shares, or if there is no such widow or minor child, then the dependent father of the deceased, or if there is no such widow, minor child or dependent father, then the dependent mother of the deceased, if any.
(Prior code § 10-14)
A. 
Any member/retiree who qualifies for and elects to apply under Section 2.28.050(K) for recertification for occupational disability retirement may, at his or her separate election as provided herein, apply for retroactive redesignation of prior disability pension benefits as an occupational disability pension, as defined in Section 2.28.050(A), subject to the following limitations and conditions:
1. 
No additional pension benefits will be payable by the city if the retroactive redesignation is approved;
2. 
The retroactive redesignation will apply to disability pension benefits paid to the retiree in calendar years 1992 through 1998 inclusive.
B. 
Time and Manner of Election. Any member/retiree may elect to apply for the retroactive redesignation provided for in the ordinance codified herein after the member/retiree has elected to apply for recertification for occupational disability pension under Section 2.28.050(K). The election to apply for retroactive redesignation shall be in writing and shall reference Ordinance 99-72 codified in this section. The written election will identify the calendar year(s) for which the redesignation is sought. The written election will acknowledge and accept the terms and conditions set forth in subsection (A)(1) of this section. The written election will be signed and dated by the member/retiree and will be filed with the chief of the fire department.
C. 
Action on Request for Retroactive Redesignation. Before the city council can act on a request for retroactive redesignation, the city council first must approve and authorize the member/retiree's request for re-certification for occupational disability pension under Section 2.28.050(K). Once the request for re-certification is approved and authorized, the city council will determine whether the request for retroactive redesignation should be approved, based on all information available in the re-certification (Section 2.28.050(K)) request. A majority vote of the city council will approve and authorize the request for retroactive redesignation.
D. 
Once approved by the city council, a request for retroactive redesignation is irrevocable by the member/retiree.
E. 
The terms and provisions of Sections 2.28.050(A), (C), (D), (E), (G)(2) and (K) are incorporated, except as amended by this section.
F. 
An election to request retroactive redesignation of certain disability pensions must be submitted to the chief of the fire department on or before March 31, 2000.
G. 
It is the intent of the city to provide disability retirees with an opportunity to redesignate benefits as occupational disability benefits for injuries or illness sustained in the performance of official duties. It is the intent that such payments would be deemed to have been paid in lieu of Worker's Compensation and thus afford non-taxable status to the benefits paid. The city, however, makes no warranties that the Internal Revenue Service or any other taxing jurisdiction will abide by such retroactive redesignation.
H. 
The city clerk shall furnish all prior disability retirees in the fire department with a copy of the temporary ordinance codified in this section and a copy of Section 2.28.050. These copies will be furnished within sixty (60) days following adoption of this section.
(Prior code § 10-16.1)
[1]
Editor's note: Former § 2.28.130, which pertained to medical disabilities and derived from Ord. 2008-56, adopted 12/15/2018, was repealed 10/22/2018 by Ord. 2018-30.
All members/retirees must furnish the director of finance with an annual certification of proof of life and all other documentation provided for in this section on or before May 1st of each year or the administration may withhold the member's/retiree's pension benefit pending such filing.
(Ord. No. 2025-8, 4/28/2025[1])
[1]
Editor's Note: This section takes effect on January 1, 2026.