The Fire Fighters' Pension Fund Commission shall
hold, manage, invest and reinvest any funds received by it for the
Fire Fighters' Pension Fund and may invest any moneys accumulating
in the fund in legal investments, as the same are or may be defined
by statute, and shall make such payments out of such fund as may be
required for the purpose of pensions and contemplated by this article.
All incidental expenditures, including the compensation of the Fund's
corporate custodian, necessary to the transaction of the business
of the Commission, shall be provided for by appropriation by Council.
No moneys shall be drawn out of the funds of
the Fire Fighters' Pension Fund or on deposit to the account of the
Fire Fighters' Pension Fund, except upon order, warrant or check signed
by both the President of the fund and an officer of the corporate
custodian of the fund.
On or before March 1 of every year, it shall
be the duty of the corporate custodian of the Fire Fighters' Pension
Fund Commission to render a full and complete account to Council of
all transactions of the past year, showing all receipts and disbursements.
A copy of such account shall be filed with the City Director of Finance,
who shall audit the same and render to Council a detailed report of
his examination. Council shall not appropriate any moneys to the fund
until such report has been filed and approved by Council by resolution.
Copies of such report shall be made available to all members of the
Bureau of Fire and the Fire Fighters' Pension Fund Commission.
The City shall annually contribute a sum of
money not less than 1/2 of 1% nor more than 3% of all City taxes levied
by the City, other than taxes levied to pay interest or to extinguish
the debt of the City or any part thereof.
Each fireman shall pay into the Fire Fighters'
Pension Fund a sum equal to 5% of his salary plus $1 per month.
Upon appointment as a regular full-time fireman,
each person so appointed shall be and become a member of the Fire
Fighters' Pension Fund and shall be obligated for contributions thereto.
The Commission shall certify the acceptance of the new regular fireman
to membership in the Fire Fighters' Pension Fund to the City Director
of Finance, who shall thereafter make all necessary deductions for
pension payments from such fireman.
The moneys accumulating in the Fire Fighters'
Pension Fund shall be applied to the payment of pensions as herein
set forth. The payment of pension benefits shall be authorized by
the Fire Fighters' Pension Fund Commission only after the separate
and careful consideration of each application.
[Amended 12-12-2016 by Ord. No. 1486-2016]
A. In-service death. When any member of the Fire Fighters' Pension Fund
shall die in active service, there shall be paid from the fund a sum
of money equal to the amount payable to the member or which would
have been payable had he been retired at the time of his death, to
his surviving spouse; to the extent there is no surviving spouse,
the dependent child or children of such deceased member shall be paid
from the fund a sum equal to 100% of the amount payable to the member
or which would have been payable had he been retired at the time of
his death, until the dependent child or each of the dependent children
reach age 18, and, in the case of multiple dependent children, in
equal shares to each such dependent child, to be reallocated upon
a dependent child's attainment of age 18.
B. Death of a retired member or a member eligible for retirement. The
surviving spouse of a member of the Fire Fighters' Pension Fund eligible
for retirement or a member who retires on pension, shall, during the
lifetime of such surviving spouse, be entitled to receive the full
pension benefit the member was receiving or would have been receiving
had he been retired at the time of his death. If there is no surviving
spouse or if such surviving spouse subsequently dies, then the dependent
child or children under the age of 18 years of a member eligible for
retirement or a member who retires on pension, shall, until reaching
the age of 18 years, be entitled to receive 100% of the full pension
benefit the member was receiving or would have been receiving had
he been retired at the time of his death, and, in the case of multiple
dependent children, in equal shares to each such dependent child,
to be reallocated upon a dependent child's attainment of age 18.
C. Death of a member before retirement and not in-service. In the event
of the death of a member, the total amount of the contributions paid
into the Fire Fighter's Pension Fund by the member shall be paid over
to the member's estate if any of the following apply: (1) the death
did not occur in the line of duty; (2) the death occurs before the
member becomes entitled to a pension; and/or (3) the member has no
surviving spouse or family entitled to payments.
[Added 12-12-2016 by Ord.
No. 1486-2016]
A. Eligibility. If a member suffers permanent and total disability as a result of a mental or physical condition or exposure which is determined to have been incurred in the line of duty, no minimum period of service shall be required for eligibility for disability benefits. A member entitled to disability benefits hereunder shall be entitled to receive 100% of the pension determined pursuant to §§
38-29 and
38-30 hereof subject to any offset required by law, excluding workers' compensation benefits. Any such member who has not completed 20 years of service at the time he or she suffers permanent and total disability shall be deemed to have completed 20 years of service beginning the day before such permanent and total disability occurred. Any such member who has completed at least 20 years of service at the time he or she suffers the permanent and total disability shall be credited with the actual service he or she completed. Such disability benefits shall commence immediately after a determination of eligibility by the Fire Fighters' Fund Commission and shall continue until the earliest of the following events:
(1)
The disabled member is determined to be no longer disabled;
or
B. Permanent and total disability. For purposes of this §
38-28.1, "permanent and total disability" shall mean a mental or physical impairment which renders a member unable to perform the essential duties of a City Fire Fighter, as determined in accordance with this §
38-28.1.
C. Physical or mental examinations. The Commission may, at any reasonable
time, and at the expense of the Commission, require a physical examination
or examinations or other satisfactory proof or proofs of the beginning
or continuance of a disability as a prerequisite to making any payments
to any member for disability benefits.
D. Physicians' written statements on disability. No member shall receive any benefits under this §
38-28.1 by reason of permanent and total disability except upon the written statement of at least two of three physicians to be named by the Commission, each of whom shall examine the member. The Commission shall pay such physicians for each such service rendered.
E. Concurrent disability benefits and pension benefits prohibited. No
member shall be entitled to receive from the Commission concurrently
both disability benefits and normal pension benefits.
F. The surviving spouse, or if there is no surviving spouse, a child or children under the age of 18, of a member who had been receiving disability benefits under this section shall be entitled to survivor benefits in accordance with §
38-28.
If any sentence, clause, section or part of
this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts hereof.
All ordinances or parts thereof inconsistent
herewith are repealed, rescinded, canceled and annulled.
This article shall be effective 30 days after
publication following final adoption in accordance with the City Charter
and the Third Class City Code.