As used in this article, the following terms
shall have the meanings indicated:
DISABILITY
The inability to engage in any substantial, gainful activity
by reason of a medically determinable physical or mental impairment
which can be expected to result in death or is medically considered
permanent in nature and has lasted for a continuous period of at least
12 months. To the extent that additional clarification or guidance
is needed in applying the preceding definition to determine whether
a plan member qualifies for a disability pension, the Pension Committee
may look to the Federal Social Security Law and regulations thereunder
with regard to social security disability benefits.
LIFEGUARD FORCE or FORCE
The North Wildwood Beach Patrol, as established by ordinances that have been codified in §
79-7 et seq. of the Code of the City of North Wildwood.
[Added 10-16-2018 by Ord.
No. 1762]
PERFORMANCE OF DUTY
Any activity required for employment by the Beach Patrol,
including but not limited to daily lifeguarding duties. For purposes
of this plan, criminal or negligent acts by a lifeguard are not in
the performance of his duty. Injuries sustained by a lifeguard as
a result of his alcohol or substance abuse are not in the performance
of his duty. Any behavior or activity prohibited by the Beach Patrol
is not in the performance of duty.
YEAR OF SERVICE
Consists of such part of the calendar year as the Lifeguard
Force is normally employed. At least 45 days shall constitute a year
of service.
YEAR'S SALARY
The salary a lifeguard receives during the time of his normal
employment in any calendar year.
[Amended 8-5-1997 by Ord. No. 1265; 9-4-2001 by Ord. No. 1390; 10-6-2015 by Ord. No. 1685; 10-16-2018 by Ord. No. 1762]
Any member of the Lifeguard Force of the City
of North Wildwood, whether employed as an officer or as a guard, who
has served on the Force for at least 20 years, and for a period of
10 consecutive years prior to leaving the force, shall be considered
fully vested in the City of North Wildwood Lifeguard Pension Plan.
However, said members shall not be eligible to receive pension benefits
until they have attained the age of 47. Notwithstanding the foregoing,
any member who is fully vested in the City of North Wildwood Lifeguard
Pension Plan who shall have attained the age of 45 years, and who,
for a period of 10 consecutive years immediately preceding his/her
application for retirement had been continuously in such service with
the Lifeguard Force of the City of North Wildwood, shall be eligible
to receive pension benefits immediately upon their application. A
plan member's annual pension shall be equal to 50% of the average
of the last three years' salary received by the lifeguard during his/her
employment on the Beach Patrol of the City of North Wildwood, which
shall be paid in quarterly installments, starting on his/her actual
retirement date and ending with the payment for the month in which
his/her death occurs. A member of the force who leaves the force prior
to retirement age and without being fully vested may be reimbursed
for monies deducted from his/her salary for the pension fund, if there
is sufficient money in the fund to meet the requirements of the fund.
To obtain said reimbursement, said member must, in writing, terminate
his employment with the City of North Wildwood Beach Patrol and petition
the commission for the return of the monies deducted from his/her
salary all within 12 months after he/she has last worked on the City
of North Wildwood Beach Patrol. If said documents are not filed with
the commission within said time period, said member shall lose his/her
right to reimbursement. The member shall not be entitled to any income,
interest, or dividends earned on his/her contributions. Any member
who leaves the force, and receives reimbursement for monies deducted
from his/her salary, shall not be entitled to "buy back" any previous
employment time with the City of North Wildwood Beach Patrol. Any
member who indicates in writing that they are terminating their employment
and requests and receives reimbursement of their contributions shall
not be permitted to return to the employment of the North Wildwood
Beach Patrol for a period of one year from the date of the City's
receipt of their request for reimbursement.
Members of the Lifeguard Force who are qualified
to retire and collect the pension benefits, as described herein, shall
forward a written notice of their intention to retire to the Pension
Commission established hereafter, with copies to the Beach Supervisor
of the City of North Wildwood and the Administrator of the City of
North Wildwood.
[Amended 10-16-2018 by Ord. No. 1762]
When a lifeguard loses his/her life in the performance
of his/her duty, or dies from natural causes while a member of the
Force, or has retired under the within pension plan, the widow or
widower of said lifeguard shall receive a pension so long as he/she
remains unmarried. Said pension shall be equal to 50% of the average
of his/her last three years' salaries at the time of his/her death,
or if the lifeguard has been retired under the within pension plan,
the pension received by the widow or widower shall be equal to the
amount of the lifeguard's pension. At the death of the widow/widower
or if there is no widow/widower or he/she remarries, the minor child
or children shall receive the pension for their support until the
youngest child reaches 21 years of age. If there are no children under
21 years of age, the lifeguard's contributions to the Pension Fund
shall be paid to the lifeguard's designated beneficiary.
For the purpose of paying the pensions hereunder,
a fund shall be created as follows:
A. From the salary of each member of the Lifeguard Force,
an amount of 4.0% shall be deducted.
B. The City of North Wildwood shall raise by taxation
and pay into the fund, yearly, an amount equal to 4.0% of the total
salaries paid to members of the Lifeguard Forces.
C. Any fines imposed upon a member of the Force, money
given or donated for the purpose of the fund, money deducted from
the salary of a member of the Force because of absence or loss of
time, and 1/2 of any reward paid to the Force or any member thereof
shall be added to the fund.
D. If at any time there is not sufficient money in the
pension fund for the purposes thereof, the governing body shall include
in any tax levy the sum in addition to an amount theretofore contributed
which shall be sufficient to meet the requirements of the fund. This
sum shall be raised by tax levy no longer than is necessary to meet
the requirements of the fund. Whenever the fund exceeds an amount
which the Pension Commission from time to time determines to be adequate
for the fund, no monies, except the 4.0% contribution from lifeguards'
salaries and the fines, donations and rewards specified in this section,
shall be required to be paid by the City into the fund, unless and
until the fund falls below the amount so determined to be adequate
by the Pension Commission.