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HomeMy WebLinkAboutOrdinance 4875 ORDINANCE NO. � . AN ORDINANCE AMENDING ORDINANCES NOS. 2999, 4060, 4250, 4304, 4354 AND 4430, WHICH ORDINANCES ESTAB- LISH AND PROVIDE FOR A RETIREMENT PLAN AND BENE- FITS THEREUNDER FOR CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY OF FORT WORTH; PROVIDING FOR SERVICE BREAKS, RETIREMENT DATES, COMPENSATION BASE FOR DETERMINING BENEFITS, RETIREMENT PENSIONS, TOTAL AND PERMANENT DISABILITY PENSIONS, DEATH BENEFITS, AND TERMINATION BENEFITS AND VESTING; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMU- LATIVE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Paragraph "c" of Section 6 of Ordinance No. 2999, adopted by the City Council of the City of Fort Worth on the 24th day of September, 1952, as amended by Ordinance No. 4304, adopted June 22, 1960, be and the same is hereby amended, and, after being so amended, same shall be and read as follows: c. An absence of twelve (12) or less consecutive months due to layoff or authorized leave shall be permitted without loss of prior service credits; a period of absence exceeding twelve (12) months (except for bona fide illness or military service as hereinafter provided for) shall cancel all prior service, except, however, if a member is absent for a period exceeding twelve (12) months but not exceeding five (5) years, he may regain his prior service credits by remaining in active City employment for a period equal to or greater than five (5) times the period of absence and repaying the total amount of all contributions withdrawn, plus two per cent (2%) compound interest from the date of withdrawal to the date of repayment. SECTION 2. That Section 7 of Ordinance No. 2999, adopted by the City Council of the City of Fort Worth on the 24th day of September, 1952, as amended by Ordinance No. 4060, adopted March 6, 1959, be and the same is hereby amended, and, after being so amended, same shall be and read as follows: Section 7. RETIREMENT DATES 1. Normal Retirement A member's normal retirement date shall be the last day of the month in which the earliest of the follow- ing occurs: a. Member completes thirty-five (35) years of credited service; b. Member reaches age sixty (60) , if female, or age sixty-five (65) , if male; or C. Member reaches age fifty-seven (57) , if female, or age sixty (60) , if male, and has completed twenty-five (25) years of credited service. 2. Early Retirement A member who has reached age fifty-five (55) and completed twenty-five (25) years of credited serv- ice may retire at the end of any month thereafter and receive his accrued pension credits payable in full commencing at normal retirement date or in reduced amount commencing at an earlier date (as provided in Section 9) . 3. Late Retirement It is contemplated that a member shall retire on his normal retirement date. However, prior to re- tirement date, upon request of the member and with the written approval of proper authority, as here- inafter set forth, said member, if a female under the age of sixty-three (63) or if a male under the age of sixty-eight (68) , may continue his employ- ment to a date not to exceed age sixty-three (63) , if a female, or age sixty-eight (68) , if a male. Deferred members will continue to make contributions to the Fund the same as in the past, and pension credits will accrue up to the date of actual retire- ment. -2- Determination of the right of a member to continue in service beyond his normal retirement date shall be made by the City Manager if the work being performed by the member is under his supervision, or by the Ad- ministrative Board if the work being performed by the member is under the supervision of an Administrative Board of the City. Such determination, if in the af- firmative, shall be certified to the Board for approval or disapproval. If the Board approves, the member may continue his employment so long as he is able to ful- fill his duties, subject to annual review by the Board. If the City Manager or the Administrative Board deter- mines that a member should be retired on his normal re- tirement date, the member may appeal to the Board, which shall have final authority to uphold or reverse the prior determination. SECTION 3. That Section 8 of Ordinance No. 2999, adopted by the City Council of the City of Fort Worth on the 24th day of September, 1952, as amended by Ordinance No. 4250, adopted March 11, 1960, be and the same is hereby amended, and, after being so amended, same shall be and read as follows: Section 8. COMPENSATION BASE FOR DETERMINING BENEFITS Pension, death, and vested termination benefits shall be based upon the average of a member°s highest five (5) calendar year earnings during employment with the City. SECTION 4. That Section 9 of Ordinance No, 2999, adopted by the City Council of the City of Fort Worth on the 24th day of September, 1952, be and the same is hereby amended, and, after being so amended, same shall be and read as follows- -3- Section 9. RETIREMENT PENSIONS 1. Pension Commencing on or after Normal Retirement Date A member who retires on or after his normal retire- ment date, or who retires early and requests com- mencement of his pension at normal retirement date, shall receive an annual life pension, the amount of which shall be one and two-thirds per cent (1-2/3%) of his compensation base multiplied by his total credited service to date of actual retirement, pay- able on the first day of each month commencing with the month following the last month for which such member receives compensation from the City. 2. Pension commencing at Early Retirement Date A member who retires early in accordance with the provisions of Section 7 and who elects to receive retirement income commencing prior to his normal retirement date shall receive a monthly life pen- sion, the amount of which shall be one and two- thirds per cent (1-2/3%) of his compensation base multiplied by his total credited service to date of early retirement, reduced by five-twelfths per cent (5/12%) for each month by which commencement of the pension antedates the earlier of member's reaching age sixty (60) or completing thirty-five (35) years of credited service. Such pension shall be payable on the first day of each month commenc- ing with any month following the last month for which such member receives compensation from the City. SECTION 5. That Section 10 of ordinance No. 2999, adopted by the City Council of the City of Fort Worth on the 24th day of September, 1952, as amended by ordinance No. 4354, adopted August 19, 1960, be and the same is hereby amended, and, after being so amended, same shall be and read as follows: -4- Section 10. TOTAL AND PERMANENT DISABILITY PENSIONS 1. Definition of Total and Permanent Disability A member shall be considered totally and permanently disabled if: a. He shall become disabled by bodily injury or disease so as presumably to be thereby continuously prevented for life from en- gaging in any occupation or performing any work for remuneration or profit; b. Such disability has existed for at least ninety (90) consecutive days; or C. Such disability was not contracted, suf- fered or incurred while the member was engaged in, or did not result from his having engaged in, a criminal enterprise, or from his habitual drunkenness or ad- diction to narcotics, or from self-inflicted injury, or from voluntary or involuntary service in the Armed Forces of the United States (including the United States Merchant Marine) , any of its allies or any other foreign country. 2. Qualification for Disability Pension A member shall qualify for a disability pension as hereinafter provided only after he has been certified to be totally and permanently disabled, in accord- ance with the definition in Paragraph 1 of this Sec- tion, by a duly licensed and practicing physician appointed by the Board. Determination of the ex- istence of total and permanent disability shall be made at the end of a ninety (90) day period from the date such disability is alleged to have commenced, and benefits shall not commence until the first day of the month following the month in which such ninety (90) day period ends. The Board shall have the right to have medical exami- nations made from time to time by a duly licensed and practicing physician to determine whether the disability is continuing. -5- Any disability payment may be discontinued at any time by the Board on proof that the member is not totally or permanently disabled as above defined. The Board's determination on all matters concern- ing the granting, refusing or revoking of a dis- ability payment shall be final and conclusive on all parties, and no appeal can be made therefrom. No disability benefit coverage shall be provided during a service break in excess of three (3) con- secutive months unless the service break was caused by sickness or accident leading to total disability. The disability benefit specified herein shall not be payable during any period for which regular pay is continued by the City, the State of Texas or any other division of government in accordance with the then existing Civil Service Statutes. \j 3. Disability from Bodily Injury in Line of Duty If a member becomes totally and permanently dis- abled while in line of duty, he shall receive an annual life pension, the amount of which shall be one and two-thirds per cent (1-2/3%) of his com- pensation base multiplied by his total credited service to date of disability, but not less than One Hundred Fifty Dollars ($150.00) per month. "Total disability," as that term is used in this paragraph, shall mean total and permanent disable- ment caused by injury sustained in the course of the operations usual to member's employment, and shall include all operations necessary, incident or appurtenant thereto or connected therewith, whether such operations are conducted at the usual place of employment, or elsewhere, in connection with or in relation to his usual and customary em- ployment. Employment shall be considered.as start- ing at the time an employee reports for work in the morning, ceasing at the time he leaves for lunch, beginning again at the time he returns from lunch, and terminating for the day at the time he leaves in the evening. -6- 4. Disability Not in Line of Duty If a member becomes totally and permanently disabled while not' in line of duty, he shall receive a month- ly life pension computed as set forth in Paragraph 3 of this Section, except that a minimum of Fifty Dollars ($50.00) shall apply. 5. Recovery from Disability If a disabled member receiving disability benefits hereunder is found to be no longer totally disabled upon examination as provided in Paragraph 2 of this Section 10, his disability payments shall immediate- ly cease. if such member is reemployed by the City immediately following certification of recovery, his Fund mem- bership shall be reinstated as of the date of such reemployment, with full credited service to date of disability. He shall receive no pension service credits for the period of disability, but such period shall be counted in determining all requirements for length of credited service. If such member is not reemployed by the City. immediate- ly following certification of recovery, he shall be considered as a terminated Fund member and shall have no further interest in the Fund other than a refund of any excess of his total contributions, plus regu- lar interest, over the total of disability payments made to him; provided, however, that if such member had a vested interest in his pension credits as of the date on which he was certified totally disabled, he shall receive a pension from the date of certifi- cation of recovery (or from early retirement age, if later) equal to the amount which would have been pay- able under the provisions of Section 12 had he termi- nated his employment on the date his disability pen- sion began. His death benefit thereafter shall be de- termined in accordance with Section 11. SECTION 6. That Section 11 of Ordinance No. 2999, adopted by the City Council of the City of Fort .Worth on the 24th day of September, 1952, as amended by Ordinance No. 4354, adopted August 19, 1960, and as amended by Ordinance No. 4430, adopted February 3, 1961, -7- be and the same is hereby amended, and, after being so amended, same shall be and read as follows: Section 11. DEATH BENEFITS 1 1. While in Line of Duty If a male member (or a female member with a dependent husband) dies before retirement while in line of duty, the surviving widow (or widower) shall be en- titled to receive a monthly pension, the amount of which shall be seventy-five per cent (75%) of the member's accrued pension, but not less than One Hundred Dollars ($100.00) . Each child of such male member (and each dependent child of such female member) under age eighteen (18) shall be entitled to receive a monthly pension, the amount of which shall be Twenty Dollars ($20.00) . The combined minimum benefit payable to a surviving widow (or widower) and one or more children eligi- ble to receive a benefit hereunder shall be One Hun-' dred and Fifty Dollars ($150.00) . The combined max- imum benefit payable shall be an amount equal to the member's accrued pension. If a deceased member leaves no widow (or widower) or children eligible to receive a benefit hereunder, his dependent parents (or the surviving dependent parent) shall be entitled to receive a monthly pen- sion, the amount of which shall be seventy-five per cent (75%) of the member's accrued pension, but not less than One Hundred Dollars ($100.00) . 2. While Not in Line of Duty If a male member (or a female member with a dependent husband) dies while not in line of duty, whether before retirement or thereafter, the surviving widow (or widower) shall be entitled to receive a monthly pension, the amount of which shall be seventy-five per cent (75/) of the member's accrued pension, or actual pension being paid member, but not less than Fifty Dollars ($50.00) . Each child of such male member (and each dependent child of such female member) shall be entitled to receive a monthly pension, the amount of which shall be Twenty Dollars ($20.00) . -8- The combined maximum benefit payable to a surviving widow (or widower) and one or more children eligible to receive a benefit hereunder shall be an amount equal to the member's accrued pension or actual pen- sion being paid member. If a deceased member leaves no widow (or widower) or children eligible to receive a benefit hereunder, his dependent parents (or the surviving dependent parent) shall be entitled to receive a monthly pen- sion, the amount of which shall be seventy-five per cent (75%) of the member's accrued pension or actual pension being paid, but not less than Fifty Dollars ($50.00) . 3. General Provisions If a deceased member leaves no widow (or widower), children or dependent parents eligible to receive a benefit hereunder, his total contributions, plus regular interest, less any amount previously paid to him because of disability, shall be paid to his estate. Payments to a child shall cease upon the earliest of such child's death, marriage or attainment of age eighteen (18) . Payment to others shall cease upon the earlier of their death or marriage. After all payments cease, any excess of the member's total contributions, plus regular interest, at date of death over disability and/or death benefits paid shall be paid to his estate. Death benefits to terminated vested members prior to commencement of pension payments shall be limit- ed to a refund of their contributions, plus regular interest payable to their estates; provided, however, that if termination occurs after eligibility for early retirement, the death benefits prescribed above shall be payable. Death benefit coverage during service breaks in ex- cess of ninety (90) days shall be limited to mem- bers who are absent due to service-connected injury incurred while in line of duty. Benefits hereunder shall be payable on the first day of each month commencing with the month follow- ing the one in which the member's death occurs. -9- 4. Board to Determine Dependency Status The Board shall determine all questions of depend- ency, and their determination shall be final and conclusive on all parties. All unmarried, legitimate and legally adopted chil- dren under the age of eighteen (18) years, in the absence of a determination to the contrary, shall be considered dependent and thus eligible for a benefit under this ordinance. SECTION 7. That Section 12 of Ordinance No. 2999, adopted by the City Council of the city of Fort Worth on the 24th day of September, 1952, as amended by Ordinance No. 4354, adopted August 19, 1960, be and the same is hereby amended, and, after being so amended, same shall be and read as follows: Section 12. TERMINATION BENEFITS AND VESTING Any member who is voluntarily or involuntarily sepa- rated from the service of the City before he completes three (3) years of credited service shall be entitled to receive the amount of his contributions without in- terest, less Twenty-five Dollars ($25.00) . After three (3) but before completion of fifteen (15) years of credited service, the termination benefit shall be the amount of the members -contributions, plus regular in- terest, less Twenty-five Dollars ($25.00) . In cases where the position held by the member has been abolished, the Twenty-five Dollar ($25.00) charge shall not be de- ducted. No additional assessment shall be made against employees whose contribution refund does not equal Twenty-five Dollars ($25.00) . A member who voluntarily terminates after completing fifteen (15) years or more of credited service shall be entitled to receive a vested right of fifty per cent (501%) of the amount of pension earned to date of termi- nation, which vested right shall increase in the amount of five per cent (5%) for each year of credited service -10- in excess of fifteen (15) years, so that full vesting shall occur after twenty-five (25) years of credited service, regardless of age. The vested benefit shall be payable in full commencing at normal retirement date or in reduced amount (as prescribed under Section 9) commencing at early retirement age. A member who involuntarily terminates after complet- ing fifteen (15) years or more of credited service shall be entitled to receive a vested right of one hundred per cent (100%) of the amount of pension earned to date of termination, payable in full at normal retirement date or in reduced amount (as prescribed under Section 9) commencing at early retirement age. Any terminating member with a vested right may elect to receive a refund of his contributions, plus regular interest, in lieu of retirement benefits either at date of termination or at any time thereafter prior to commencement of retirement income, but by so doing he shall forfeit all rights under the Fund and thereafter be entitled to no further benefits thereunder. SECTION 8. If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this ordinance be declared in- valid or unconstitutional, the same shall not affect any other portion or provision hereof, and all other provisions shall re- main valid and unaffected by any invalid portion, if any, and the City Council now says that if it had known at the time of the passage of this ordinance that any portion of said ordinance was invalid, it would not have adopted such invalid part. SECTION 9. The provisions of this ordinance shall be cumniative of and in addition to all other ordinances of the City of Fort Worth relating to pensions, which ordinances are hereby preserved and -11- continued in force and effect, provided, however, that in the event of any conflict, the provisions of this ordinance shall control. SECTION 10. This ordinance shall be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney 11 �43 -12-