[Approved 6-29-1973 as Ch. No. 1406; amended in its entirety 12-15-2006 by Ch. No. 2836]
A.
It is the purpose of the City of Pawtucket to provide
its police and firefighters and their widows and children with an
actuarially sound pension and retirement system.
B.
It is not the intention of the City to impair or diminish
any rights that may exist under any pension or retirement system which
may now exist but, on the contrary, to grant broader rights to those
persons affected.
C.
By virtue of Sec. 2-309 of the Charter of the City
of Pawtucket, the City Council does hereby establish a police and
firefighters retirement system, referred to in this article as "the
system," for the purpose of providing retirement annuities, survivors
benefits and other benefits for police and firefighters of the City.
The effective date of the system shall be July 1, 1973.
The following words and phrases used in this
article, unless a different meaning is plainly required by the context,
shall have the following meanings:
Such tables of rates of interest and other factors which
are employed by the insurance company covering said system.
The annual required contribution as stated in the most-recent
annual actuarial valuation prepared by the City's actuary for
the Police and Fire Pension Plan. If there are any substantial modifications
to the provisions of the Police and Fire Pension Plan following the
date of the most-recent actuarial valuation, but prior to the start
of the fiscal year, the city's actuary shall determine a new
AR eased on the modifications.
[Added 2-20-2014 by Ch. No. 3043]
The municipal government of the City.
The sum of prior service, purchased service and membership
service for which a member has received credit under the provisions
of this article.
Any police officer or firefighter included in the membership
system.
Service rendered by a member prior to July 1, 1973.
For the purpose of this plan, the average of a member's base pay, plus holiday pay, longevity pay, out-of-rank pay, rescue pay and EMTC pay of the member during his or her final years of credited service. When used in this Chapter 59, the terms "pay" and "compensation" shall mean the same thing as "salary" as defined herein.
For the purpose of this plan, a member's base pay plus holiday pay, longevity pay, shift differential, out-of-rank pay and compensation paid to supervisors in lieu of overtime of the member during his or her final years of credited service. When used in this Chapter 59, the terms "pay" and "compensation" shall mean the same thing as "salary" as defined herein.
Complete severance of employment of any member as an employee
of the City by resignation, discharge or dismissal.
A.
Membership in the system shall include:
(1)
Any person becoming an employee of the Division of
the Police or Division of Fire of the City of Pawtucket, after the
effective date, who is sworn in as a police officer or firefighter,
including patrolmen and firelighters, probationary patrolmen and firefighters
and those holding a higher rank in either Division.
(2)
Any person who is an employee of either the aforesaid
Divisions on the effective date, having previously been sworn in as
a police officer or a firefighter, including patrolmen and firefighters,
probationary patrolmen and firefighters and those holding a higher
rank in either Division.
B.
Any person who is temporarily absent on the effective
date due to sickness or disability and any person on an approved leave
of absence on said date for any cause, provided that such leave shall
not have extended for more than one year continuously, except for
military service, shall be considered an employee on the effective
date. Membership shall not include:
A.
Any person becoming a member of the system on the
effective date shall be entitled to credit for prior service for the
same periods of time for which credit was granted under any predecessor
police or firefighter pension fund or retirement system maintained
by the City in which the member was a participant and for membership
service after the effective date for which he has made contributions.
Any person becoming a member of the system after the effective date
shall be entitled to credit for the purposes hereof for membership
service for which he made contributions.
B.
Any member entering the service of the Army, Navy,
Marines, Air Force or Coast Guard of the United States by enlistment
or induction during time of war or other national emergency recognized
by the Personnel Board of the City of Pawtucket who reenters the employ
of the City within 90 days from the date of termination of his or
her armed services after an unconditional honorable discharge shall
receive credit for such military service. If such member had received
a refund on contribution at the time of entry into military service
or during such military service, he or she shall repay to the system
the amount of such refund, including 6% interest from the date of
refund to the date of repayment. Upon repayment of such refund, credit
for the period of service previously forfeited by the acceptance of
the refund shall be reinstated to the account of the member.
C.
In the computation of prior service or membership
service, 15 days of service or more during any month shall constitute
a month's service, and 12 months of service shall constitute a year's
service. In no case, except as to military service, shall credit be
allowed for any period of absence without salary or shall less than
15 days of service during any month be considered for the computation
of service, nor shall more than one year of service be credited for
service rendered in any one calendar year.
D.
Firefighters enrolled in the retirement system may
elect to purchase up to a maximum of four years of active or reserve
military service for the purpose of accumulating retirement service
credit. The cost to purchase active military service credit shall
be 10% of the member's annual earnings in the first year of his or
her employment with the City of Pawtucket. For the purpose of computing
military service credit of firefighters, any fraction of time over
a six-month period shall be interpreted as one complete year of service.
E.
Police officers enrolled in the retirement system
may elect to purchase up to a maximum of four years of active military
service or prior municipal service within the Police Division for
the purpose of accumulating retirement service credit, except that
police officers hired after July 1, 1991, may not elect to purchase
any of their prior municipal service within the Police Division. The
cost to purchase active military or prior municipal service within
the Police Division shall be 10% of the member's annual earnings in
the first year of his or her employment with the City of Pawtucket,
plus 5% interest, compounded annually from the commencement of the
member's employment to the date of the member's purchase.
A.
Any member withdrawing from service prior to retirement
shall be entitled to a refund in a single sum of the amount of his
or her contributions to the system, with interest at 4%. The payment
of a refund under the provisions hereof shall automatically affect
a waiver and forfeiture of all accrued rights and benefits in the
system on the part of the member.
B.
Any member who has received a refund shall be considered
a new member upon subsequent reemployment, provided that if such member
shall render at least three years' service following his or her latest
reentry into service, he or she shall be entitled to regain his or
her previously forfeited service credits upon repayment of all amounts
received as refund, including interest of 6% from dates of refunds
to date of repayment. The time and manner of making such repayments
shall be fixed by the Director of Finance of the City of Pawtucket.
Any member may exercise an option at least 60
days prior to retirement on a service retirement annuity of taking
a reduced service retirement annuity and providing a reversionary
annuity for a specified beneficiary. A "reversionary annuity" as herein
provided means a deferred annuity computed according to actuarial
tables in use by the system, payable during the lifetime of the specified
beneficiary only if such beneficiary survives the retired member who
is receiving a service annuity. The election of a reversionary annuity
shall not be effected if death of the retired member occurs within
30 days following the effective date of his or her retirement. The
amount of the reversionary annuity shall be that specified in the
member's notice of election but shall not be more than the amount
of the member's reduced service retirement annuity. A reversionary
annuity shall begin on the day following the death of the member on
retirement, provided that the beneficiary is then alive. If the beneficiary
does not survive the retired member, a reversionary annuity shall
not be payable, nor shall any change be made in the previously reduced
retirement annuity.
Each member of the system shall be eligible
to retire upon completion of 20 years' credited service in the amount
equal to 50% of the member's salary.
Each member of the system who does not retire
upon the completion of 20 years' credited service shall be entitled
to an additional retirement benefit of 3% for each year of service
over 20 years but not to exceed an additional three years and four
months with a maximum retirement benefit of 60% after completion of
23 years and four months of credited service. The 3% shall be based
upon the member's salary.
B.
In the event that a member who has retired dies prior
to receiving 120 months of retirement benefits, his or her retirement
benefits shall be continued to his or her designated beneficiary or
beneficiaries until a total of 120 months of pension benefits shall
have been paid to the retired member and/or his or her designated
beneficiary or beneficiaries.
A.
All members who on July 1, 1973, have completed 20
or more years of credited service shall be eligible for the benefits
set forth in this pension system.
B.
Members who on July 1, 1973, have not completed 20 years of credited service shall not be eligible for benefits set forth in §§ 59-20 and 59-21 hereof until July 1978, at which time all such members will be eligible for retirement and will be entitled to receive the additional benefits provided in § 59-21 hereof for each year of credited service over 20 years; e.g., if on July 1, 1973, a member has completed 17 years of credited service, he would have to wait until July 1, 1978, to retire but would be entitled to retirement benefits of 54% of the average of his or her three highest years' salary.
A.
Nonoccupational disability benefits. Any member who becomes totally and permanently disabled as a result of an injury or illness not suffered in the performance of the member's duties shall receive a benefit equal to 66 2/3% of the member's pay at the time of his or her total and permanent disability, and furthermore, an additional 10% shall be paid for each dependent child of the member until said child shall reach the age of 21 years, with a maximum total of permanent disability benefit not to exceed 80% of the member's pay at the time of the occurrence of the total and permanent disability. Except as provided in Subsection F, any disability pension granted in this section shall be presumed to be a nonoccupational disability unless determined to the contrary by the physicians examining the member as required in § 59-25.
B.
Duration of nonoccupational disability benefits. The total and permanent disability benefit established in Subsection A will continue for the period of such total and permanent disability or, if sooner, until the date upon which the member would have completed 20 years of service and qualified for a service retirement had the member rendered services without interruption, at which time he or she shall be transferred to the retirement list and will receive the normal retirement benefit as if he or she had not been disabled. In the case where a member becomes totally and permanently disabled after completion of 20 years of credited service, the member shall be entitled to benefits set forth in Subsection A in this section during the period of his or her permanent and total disability or until the date upon which the member would have completed 25 years of service, at which time the member shall receive the normal pension benefits determined in accordance with the provisions of § 59-21.
C.
Occupational disability benefits. Any member who becomes
totally and permanently disabled after the date of the passage of
this article as a result of an injury or illness suffered in the performance
of the member's duties shall receive a benefit equal to 66 2/3%
of the member's pay at the time of his or her total and permanent
disability, and furthermore, an additional 10% shall be paid for each
dependent child of the member until said child shall reach the age
of 21 years, with a maximum total of permanent disability benefit
not to exceed 80% of the member's pay at the time of the occurrence
of the total and permanent disability.
D.
Duration of occupational disability benefits. The total and permanent disability benefit established in Subsection C will continue for the period of such total and permanent disability or, if sooner, until the date upon which the member would have completed 20 years of service and qualified for service retirement had the member rendered service without interruption, at which time the member shall receive an occupational disability benefit equal to the normal retirement benefit the member would have received if retired for service on said date. If the member becomes totally and permanently disabled as a result of an injury or illness suffered in the performance of the member's duties after completing 20 years of credited service, the member shall be entitled to the benefits set forth in Subsection C during the period of the member's permanent and total disability or, if sooner, until the date upon which the member would have completed 25 years of service and qualified for service retirement had such member rendered service without interruption, at which time the member shall receive an occupational disability pension equal to the normal retirement benefit the member would have received if retired for service on said date.
F.
Presumption of disability.
(1)
Firefighters. As provided in § 45-19-16 of the General Laws of the State of Rhode Island, 1956, as amended, in the event that an officer or member of the permanent Fire Department who remains in the City of Pawtucket Firefighters' Pension as defined in § 59-16 of the Code of the City of Pawtucket suffers from a respiratory ailment, 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 of Pawtucket through medical and/or scientific evidence that 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. All persons shall be subject to a physical upon entering the employment of the Department to determine preexisting conditions.
(2)
Police officers. In the event that a member of the
Police Department is totally disabled and unable to perform duties
because of a heart condition, it shall be presumed that said condition
is attributable to his or her employment as a police officer. This
presumption may be rebutted by a physician or physicians retained
by the City through medical or scientific evidence that disproves
the causal connection between the illness and the occupation as a
police officer in the event that said application is for an occupational
disability benefit.
G.
Recertification.
(1)
Any member who is receiving total and permanent disability benefits as a result of an injury or illness suffered in the performance of the member's duties and who, as of the date of the passage of this article, has not begun to receive the occupational disability benefits equal to the normal retirement benefit as referenced in Subsection D, may apply to recertify that the injury or illness is an occupational disability with respect to disability benefits received after January 1, 2006. Upon application by the member for recertification, the City shall review the member's existing medical records that resulted from the physician examinations conducted under § 59-25. In the event that the City determines that these medical records demonstrate that the member suffered an occupational disability, the City will certify that the member has an occupational disability. In the event that the City determines that these medical records are inconclusive as to whether the member suffered an occupational disability, the City shall request that the physicians who examined the member review their reports to determine whether the member became totally and permanently disabled as a result of an injury or illness suffered in the performance of the member's duties. In the event that the physicians who examined the member determine from a review of their records that the member suffered an occupational disability, the physicians will certify that the member has an occupational disability. If the physicians who examined the member are unable to determine from a review of the records whether the member has an occupational disability, the member may request a reexamination by the same physicians for the purpose of determining whether the member's disability was as a result of an injury or illness suffered in the performance of the member's duties. The determination of whether the member's disability is occupational shall be made upon the basis of the reports on the reexaminations made by these physicians. Members who elect to apply for such recertification for disability benefits received during calendar year 2006 must apply to the City no later than December 31, 2006.
(3)
Any member who is receiving total and permanent disability benefits as of the date of the passage of this article as a result of an injury or illness suffered in the performance of the member's duties and who does not recertify that the injury or illness is an occupational disability shall be subject to the disability benefits established in Subsections A and B.
A.
The determination of the disability from any cause
shall be made upon the basis of reports on examinations made by three
physicians consisting of a City physician, a physician employed by
the member and a third physician selected by the other two. Each physician
shall be required to state whether the disability is occupational
or nonoccupational in nature.
B.
A member on disability may be required to submit to
an examination at least once each year by a physician or physicians
appointed by the Personnel Board of the City of Pawtucket to establish
that the member is totally and permanently incapacitated for normal
service as a police officer or firefighter and is entitled to continue
to receive disability payments. If such physician or physicians determine
that the member is no longer totally and permanently incapacitated
for his or her normal service, the member shall have the right to
request examination by an impartial physician who shall be selected
by the City's physician and the member's physician. If said impartial
physician determines that the member is no longer totally and permanently
incapacitated for normal service as a police officer or firefighter,
the Personnel Board may cancel such member's disability payments.
If such cancellation occurs and the member does not reenter service,
he or she shall be entitled to a refund of the excess, if any, of
the contributions made by him or her, including interest over the
amounts received by the member as disability payments.
C.
Should any member receiving a disability annuity refuse
to submit to a medical examination, disability payments by the system
shall be discontinued until compliance with the provisions hereof.
Should such refusal continue for one year, all rights of the member
to any disability payments shall be revoked by the Personnel Board.
A.
In the event that a member dies prior to retirement
and is survived by a spouse or children, the spouse shall be entitled
to a pension benefit equal to 50% of the member's highest or final
salary plus an additional 10% for each dependent child under 21 years
of age, said benefits not to exceed a total of 70% of the member's
highest or final salary, and said benefits shall be continued during
the lifetime of the spouse or until he or she remarries.
B.
In addition to the benefits heretofore mentioned,
in the event that a member shall die and there is no surviving spouse,
each eligible surviving child shall receive 20% of the member's compensation
subject to a maximum sum payable equal to 60% of the member's compensation
until the age of 21 years or marriage prior thereto.
C.
In the event that a member dies after retirement and has not exercised the option set forth in § 59-19 hereof, then the spouse or children shall receive the balance of the member's pension for a period not to exceed 120 months less the sums paid to the member for the period up until the member's death. Thereafter, payments equal to 67 1/2% of the member's monthly retirement benefit will be paid to the member's surviving spouse for the remainder of the spouse's life or until the spouse remarries.
D.
In the event that a member who has retired and is
married dies before his or her spouse, payments equal to 67 1/2%
of the member's monthly retirement benefit will be paid the member's
surviving spouse for the remainder of the spouse's life or until the
spouse remarries.
E.
In the event a police officer with more than 20 years
of service dies prior to retirement and is survived by a spouse and/or
children, then his spouse and/or children shall be entitled to the
same pension benefits as the police officer would have received had
he retired on the day before his death.
F.
Any police officer killed while in the actual performance
of his duties or whose death directly results from injuries sustained
while in the pursuit, attempted apprehension or apprehension of a
criminal suspect shall be promoted posthumously to the next highest
rank, (e.g., patrolman to sergeant, sergeant to lieutenant, detective
to detective sergeant, detective sergeant to detective lieutenant,
etc.), and all pension benefits that his beneficiaries are entitled
to receive shall be calculated at that new rank.
Commencing July 1, 1998, for police officers
and July 1, 1999, for firefighters, each member shall have deducted
from his or her weekly salary an amount equal to 7 1/2% of his
or her normal weekly salary plus holiday pay and longevity pay, which
shall be applied by the City for the pension benefits herein provided.
[Amended 2-22-2007 by Ch. No. 2838; 6-16-2010 by Ch. No. 2937; 3-10-2011 by Ch. No. 2954; 2-20-2014 by Ch. No.
3043]
A.
In the event that the administration submits a budget proposal to the City Council containing less than 95% of the ARC, notice must be given and a public hearing must be held pursuant to Subsection D of this section.
B.
In the event that the City Council through any action, including, but not limited to, amending any budget, proposes the funding of less than 95% of the ARC, notice must be given and a public hearing must be held pursuant to Subsection D of this section.
C.
The City shall not submit nor approve nor amend any City ordinance, resolution, policy, procedure, nor mayoral order authorizing payment of less than 95% of the ARC without first giving notice and holding a hearing pursuant to Subsection D of this section.
D.
(1)
The administration shall give notice to union leadership of the Fire
and Police Unions, each pensioner receiving benefits, and the Pension
Board;
(2)
A separate public hearing will be held on the subject of the funding
of less than 95% of the ARC prior to the passage of such budget or
other ordinance, resolution, policy, procedure, or mayoral order.
The Personnel Board may, after a hearing, discontinue
the pension payments to any member of the pension system for cause,
subject to the limitations of law.
