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HomeMy WebLinkAboutOrdinance 4354 OFFICIAL RECORD ORDINANCE NO. �.�' CITY SECRETARY SECRETARY AN ORDINANCE AMENDING PARAGRAPH 3 OF SECTION 10 AND PARA- FT VYORTII, T�r1. GRAPH 1 OF SECTION 11 OF ORDINANCE NO. 2999, BEING AN ORDI- NANCE ESTABLISHING A RETIREMENT PLAN FOR CERTAIN OFFICERS AND EMPLOYEES OF THE CITY OF FORT WORTH, TEXAS, BY INCREAS- ING THE MINIMUM DISABILITY AND DEATH BENEFITS FROM FIFTY DOLLARS ($50.00) TO ONE HUNDRED DOLLARS ($100.00) PER MONTH, AND FURTHER AMENDING SECTION 12 OF SAID ORDINANCE BY PRO- VIDING THAT WHERE A POSITION HAS BEEN ABOLISHED, NO TWENTY- FIVE DOLLAR ($25.00) ASSESSMENT SHALL BE DEDUCTED, PROVID- ING A SAVINGS CLAUSE; MAKING THIS ORDINANCE CUMULATIVE; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That paragraph 3 of Section 10 of Ordinance No. 2999, passed and adopted by the City Council of the City of Fort Worth, Texas, on Wednesday, the 24th day of September, A. D- 1952, be amended so that hereafter same shall read as follows: 3. Disability from Bodily Injury in Line of Duty If a member becomes totally and permanently disabled by bodily injury incurred while in line of duty, he shall receive a monthly life pension, the amount of which shall be 1/60th of his compensation base multiplied by his total credited service to date of disability, but not less than One Hundred Dollars ($100.00) per.month. "Total disability" as used in this paragraph shall mean total and permanent disablement caused by injury sustained in the course of the operations usual to his 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 starting at the time an employee reports for work in the morning, ceasing at the time he leaves for lunch, and beginning again at the time he re- turns from lunch, and terminating for the day at the time he leaves in the evening. SECTION 2. That paragraph 1 of Section 11 of said Ordinance NO. 2999 be amended so that hereafter same shall read as follows: 1. Death before Retirement Income Commences If a male member dies before retirement income begins, his widow and/or dependent children under age seventeen•(17) shall be entitled, for a period not to exceed ten (10) years, -1- to receive a monthly pension, the amount of which shall be 1/60th of his compensation base multiplied by his total credited service to date of death. One-half of the pension so determined shall be paid to the widow and one-half to the children. Vhen each child reaches age seventeen (17), his payment shall cease and thereafter be made to the remaining children or, if none, to the widow. If the deceased member leaves no widow, or if his widow dies or remarries, the full pension shall be paid to his children for the balance of the ten (10) year period, or until they reach age seventeen (17), if sooner. Payments to a widow shall cease upon her remarriage. If a female member dies before retirement income be- gins, her dependent children under age seventeen (17), if any, shall be entitled to receive a monthly pension, computed in ac- cordance with the preceding paragraph, for a period of ten (10) years, or until they reach age seventeen (17), if sooner. Such pensions shall be payable on the first day of each month com- mencing with the month following the one in which death occurs. If a male member of the Fund leaves no widow or de- pendent children under seventeen (17) years of age, the total amount of his contributions, plus regular interest, less any amount that may have been previously paid to him because of disability, shall be paid to his estate. If a female member dies without dependent children under age seventeen (17) before retirement income begins, her estate shall receive a similar benefit. The minimum death benefit to eligible dependents of employees killed in line of duty shall be One Hundred Dollars ($100.00) per month. If all eligible dependents die or reach age seventeen (17) before expiration of the ten year period, the excess of the member's contributions, plus regular interest at date of death over disability and/or death benefits paid, shall be paid to the member's estate. Death benefits to terminated vested members prior to commencement of pension payments shall be limited to a refund of their contributions, plus regular interest payable to.their estates, unless termination occurs after attainment of early re- tirement age. 'In the latter event, the death benefit prescribed above shall be payable. Death benefit coverage during service breaks in excess Of ninety (90) days shall be limited to members who are absent due to service-connected injury incurred while in line of duty, the death benefit in such cases to be a pension for widows and dependent children under age se-yenteen (17) as determined above, but not less than a total of One Hundred Dollars ($100.00) per month. SECTION 3. That Section 12 of said Qrdinance No. 2999 be amended so that here- after same shall read as follows: -2- SECTION 12. TERMINATION BENEFITS AND VESTING Any member who is voluntarily or involuntarily separated from the service of the City during the first three (3) years of employment shall be entitled to receive the amount of his contribu- tions without interest, less Twenty-five Dollars ($25.00). After three (3) but less than fifteen (15) years of service, the termi- nation benefit shall be the amount of the member's contributions, plus regular interest, 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 deducted. No ad- ditional assessment shall be made against employees whose contribu- tion refund does not equal Twenty-five Dollars ($25.00). A member who terminates after serving fifteen (15) years or more shall be entitled to receive a vested right of fifty per cent (50%) of the amount of pension earned to date of termina- tion, which vested right shall increase in the amount of five per cent (5%) for each year served after fifteen. (15) years, so that full vesting shall occur after twenty-five (25) years, re- gardless of age. The vested benefit shall be payable in full commencing at normal retirement date or in reduced amount (as prescribed under Section 9) ccumencing at early retirement age. A 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 in- come, but by so doing he shall forfeit all rights under the Fund and thereafter be entitled to no further benefits thereunder. SECTION 4. If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this ordinance be declared invalid or unconsti- tutional, the same shall not affect any other portion or provision here- of and all other provisions shall remain 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 5. The provisions of this ordinance shall be cumulative of and in addi- tion to all other ordinances of the City of Fort Worth relating to pen- sions, which ordinances are hereby preserved and continued in force and effect, provided, however, that in the event of any conflict, the pro- visions of this ordinance shall control. -3- SECTION 6. All ordinances or parts of ordinances in conflict herewith are here- by expressly repealed. SECTION 7. This ordinance shall take effect and be in full force and effect from and after the date of its passage and adoption, and it is so or- dained. APPROVED AS TO FORM AND LEGALITY• City Attorney CITY OF FORT WORTH , akir� OFFICE OF THE CITY MANAGER Communication to Mayor and C IRA a Cw:tgd August 19, 1%0 LFT. ITY WQRTii, v Honorable Mayor and Members of the City Council Re: Recommendation of Board of City of Fort Worth Trustees of the Employees' Retirement Fund for amend- ments to Retirement Ordinance Mrs. McKnight and Gentlemen: The Retirement Ordinance provides that a-member who is voluntarily or involuntarily separated from the service of the City shall be entitled to receive the amount of his contributions, less twenty-five dollars. The Board of Trustade 'of the Employees' Retirement Fund has recommended that the ordinance be amended to provide that h cases where the position held by a member has been abolished, the twenty-five dollar charge shall not be deducted. The Board has also recommended that the Retirement Ordinance be amended to increase the minimum disability in line of duty and death in line of duty benefits from fifty dollars to one hundred dollars per. month. These changes can be made without additional cost to the City or to the employees. An amendment to the Retirement ordinance putting into effect these recommendations Is presented for the Council 's consideration. Respectfully submitted, LPC: ih Cookingh"am City Manager CITY OF FORT WORTH+ TEXAS THE SUBJECT HATTER OF THIS M.&C.C.NCIL WAS ppjSFNTED AUG TO THE COU CITY ' AND WAS APPR VELD CitV S,cze2ca Y_—