[Adopted 12-18-1990 by Ord. No. 1078]
As used in this article, the following terms
shall have the meanings indicated:
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.
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]
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.
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.
The salary a lifeguard receives during the time of his normal
employment in any calendar year.
A.
A lifeguard shall become eligible for the Beach Patrol
Pension Plan upon employment on the Lifeguard Force of the City of
North Wildwood as of June of 1990. All lifeguards eligible for the
pension plan shall receive retroactive credit for their years of service
with the Beach Patrol of the City of North Wildwood, commencing with
their first year of service on the Beach Patrol of the City of North
Wildwood.
B.
Contributions shall be withheld from a lifeguard's
compensation at the rate of 4.0% and contributed to the plan on his
behalf, commencing with his employment on the Beach Patrol.
[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.
A.
Any member of the Lifeguard Force of the City of North
Wildwood who shall have received permanent disability in the performance
of his/her duty shall, upon the certification by the Beach Surgeon
or other physician designated by the Pension Commission, be retired
on a pension equal to 50% of the average of his/her last three years'
salaries at the time of retirement, regardless of age or years of
service.
B.
The disability pension shall commence on the first day of the 13th month, following the onset of the employee's disability, and continue until the month of his death. If during any period prior to the employee's, death, it is determined by the Pension Commission that his condition no longer satisfies the definition of disability, his disability pension may be discontinued by the Commission, until the earlier of the dates as of which his condition meets the definition of disability, or if he otherwise complies with the retirement for service conditions set forth in § 71-20.2. above.
[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.
A.
The Mayor shall appoint, with the advice and consent
of the governing body of the City, a Lifeguard Pension Commission
of four members. Two members of the Commission shall be members of
the Lifeguard Force, at least one of whom shall be a superior officer
of the Lifeguard Force. Two members of the Commission shall be citizens
who are not members of the Lifeguard Force. Each member shall serve
for a term of four years until their successors are appointed and
have qualified, and members shall not receive compensation for their
services. Each person so appointed shall take an oath of office before
the Mayor of the City that he will faithfully discharge the duties
of his office. Members of the Pension Commission may be reappointed
for an additional term or terms of four years at the discretion of
the Mayor.
B.
Removal or resignation. The Mayor may remove a member
of the Pension Commission by giving written notice to the member and
with the voting approval of the remaining Commission members. A member
may resign from the Pension Commission by giving written notice to
the Mayor. Any member of the Pension Commission may be removed by
the remaining members of the Commission, if such member misses three
or more meetings of the Pension Commission in any one year without
a sufficient medical excuse.
C.
Duties and responsibilities. The Commission shall
be responsible for the administration of this plan in accordance with
the terms and provisions herein contained. It shall possess such general
authority and powers as are necessary for the discharge of its duties,
including but not limited to, the power to:
(1)
Construe, interpret and apply the plan, and in so
doing, to correct any defect, omission or inconsistency as may be
required to carry out what it reasonably believes to be the intent
and objective of the plan;
(2)
Decide all claims and questions with respect to plan
membership, entitlement to benefits and the amount and commencement
date thereof;
(3)
Approve and direct all disbursements from the pension
fund, including benefit and expense disbursements;
(4)
Direct the investment of the fund assets; and
(5)
Establish rules, procedures and forms necessary for
the administration of the plan.
D.
Operating procedures. All acts and decisions of the
Pension Commission shall be by majority vote of those present at any
duly called meeting. A duly called meeting shall be that which is
attended by at least three members of the Commission. All decisions
shall be binding and conclusive, subject to a claim review procedure
which might be established by the Commission. No Commission member
shall vote or otherwise participate in a decision pertaining specifically
to his own benefits from the plan. The members of the Commission accept
no liability for any act or omission except those for which they are
responsible under the terms of this plan. All liability insurance
or security bonds required for members of the Commission shall be
provided for out of the proceeds of the pension plan fund.
A.
The Lifeguard Pension Commission shall manage and
control the pension fund and shall make all necessary rules and regulations
not inconsistent with N.J.S.A. 43:13-23 et seq.
B.
All monies belonging to the fund shall be paid over
to the Chief Financial Officer of the City of North Wildwood, who
shall give bond in such amount, from time to time, as the governing
body of the City determines. All monies not needed for the immediate
payment of the pensions shall be invested by the Lifeguard Pension
Commission in interest-bearing securities. No monies shall be paid
out of the fund by the Chief Financial Officer except upon the direction
of the Lifeguard Pension Commission, to be signed by such member or
members of the Commission as shall be designated by the Commission.
A.
If any provision hereof is subject to more than one
interpretation or construction, it shall be interpreted or construed
in such a manner as is consistent with the intent that this plan comply
with the requirements of the laws of New Jersey.
B.
If any provision of this plan is held invalid or unenforceable,
such invalidity or unenforceability shall not effect any other provision,
and the plan shall be construed and enforced as if such provisions
had not been included.
C.
Whenever used herein, singular words include the plural,
and masculine pronouns include the feminine, unless context clearly
indicates to the contrary.
D.
The titles and heading in this plan are, for the convenience
of reference only and are not to be considered in the interpretation
of any provision hereof.
