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HomeMy WebLinkAboutOrdinance 5259 ORDINANCE_.NO . AN ORDINANCE AMENDING ORDINANCE NO . 5226, SAME BEING AN ORDINANCE ESTABLISHING: AND PROVIDING FOR A RETIREMENT PLAN AND BENEFITS THEREUNDER FOR CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY OF FORT WORTH; PROVIDING FOR THE PAYMENT OF DEATH BENEFITS TO DEPENDENTS OF MEMBERS, PRESCRIBING THE MANNER OF COMPUTING BENEFITS ; PROVIDING A SEVER- ABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER RETIREMENT ORDINANCES! AND NAMING AN EFFECTIVE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Ia That Paragraph l of Section ll, Subsection B of Ordinance No . 5226 be and the same is hereby amended so that. hereafter the same shall be and read as follows: 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 sur- viving 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, but not less than One Hundred Dollars ($100.00) . Each dependent child .of such male member (and each depen- dent 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 combinted maximum. monthly:,pens:*on .payable to a surviving widow (or widower) and one or more children eligible to receive a benefit hereunder shall be either One Hundred Fifty Dollars ($150.00) . or the member' s accrued. .pension, . whichever is greater. In the event there are dependent children who are each entitled to receive Twenty Dollars ($20.00) per month hereunder, and in the event the total of payments to the dependent children and widow (or widower) would exceed . the combined maximum monthly pension .payable, then and in that event the pension of the widow (or widower) shall be reduced so that the sum of the monthly payment under said .pension and the monthly .payment to each dependent child of Twenty Dollars ($20.00) shall not exceed .the combined maximum monthly pension .payable. When a dependent child receiving a benefit hereunder shall attain the age of eighteen (18) years, die or marry, the Twenty Dollars ($20.00) monthly benefit thereafter shall be added to the pension of the widow (or widower) , but...,Xn no event shall the monthly pen- sion of the widow (or widower) exceed either seventy-five per cent (75/) of the member' s accrued monthly pension or One Hundred Dollars ($100.00) , whichever is greater. if a member who dies while in line of duty leaves no widow (or widower) or children eligible to receive a benefit hereunder but is surviv6d by a dependent parent or parents, such dependent parents (or the surviving dependent parent) shall be entitled to receive a monthly pension, the amount of which shall be seventy-five per cent (751Y.) of the member' s accrued pension, but not less than One Hundred Dollars ($100.00) 9 II . That Paragraph 2 of Section 11, Subsection B of Ordinance No . 5226 be and the same is hereby amended, so that -hereafter the same shall be and read as follows: 2. While Not in Line of -Duty If a male member (or a female member with a dependent .husband) dies before retirement while not in line of duty, 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, but not less than Fifty Dollars ($50.00) . Each dependent child of such male member (and each depen- dent child of such female member) shall be entitled to receive a monthly pension, the amount of which shah. be Twenty Dollars ($20 .0.0) . The combined maximum monthly pension payable to a sur- viving widow (or widower) and one or more children eligible to receive a benefit hereunder shall be either Fifty Dollars ($50.00) or the member' s accrued pension, whichever is greater. Tn .the event the combined maximum monthly pension payable is the member' s accrued .pension and there are dependent children entitled to receive Twenty Dollars ($20 .00) each, and in .the event the total of payments to the dependent children and the widow (or widower) would exceed the member' s accrued .pension, then and in that event the pension of the widow (or widower) shall be reduced so that the sum of the monthly _payment under said .pension and the monthly payment of Twenty Dollars ($24.00) to each dependent child shall not exceed the member' s accrued pension; provided, that in no event shall the pension of the widow (or widower) be reduced to less than Thirty Dollars ($30.00) per month. in the event that, after the reduction of the pen- sion of the widow (or widower) as hereinabove provided, the sum of said pension and the payments to eligible dependent children exceeds the member' s accrued pension, the pension of the widow (or widower) shall. be Thirty Dollars ($30.0.0) and the balance up to the amount of the member' s accrued pension .shall be dis- tributed in equal portions among the eligible dependent children, up to the maximum of Twenty Dollars ($20 .00) per dependent child as herein .provided_ when a dependent child receiving a benefit hereunder shall attain .the age of eighteen years , die or marry, the monthly benefit to that child shall be redistributed in equal portions among the remaining eligible dependent children, up to the maximum monthly payment of $20.00 per dependent child. Any excess thereafter shall be added to the pension of the widow (or widower) ; provided, that-in no event shall the monthly pen- sion of thy ., idow (or widower) exceed seventy-five per cent (75%) of the member' s accrued pension. In the event the combined maximum monthly pension payable is Fifty Dollars ($50 .00) , the pension of the Widow (or widower) shah, be Thirty Dollars ($30.00) and the balance shall be divided equally mong the eligible dependent children. when the last eligible .dependent child either attains the age of eighteen .(I8) years, dries or marries, said balance shall be added to the pension of the widow (or widower) . if a member who dies before retirement .but not in line of duty leaves no widow (or widower) , or children eligible to receive a benefit hereunder but is survived by a dependent parent or parents, such dependent parents (or• the surviving dependent parent) 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, but not less than Fifty Dollars ($50.00) That Paragrap 3 of Section 11, Subsection. B of ordinance No . 5226 be and the same is hereby amended, so that hereafter the same shall be and read as follows: 3 . After Retirement Upon the death of a retired male member (or of a re- tired female member with a dependent husband) , the surviving widow (or widower) shall be entitled to receive a monthly pen- sion, the amount of which shall be seventy-five per cent (75%) of the pension being paid to the member, provided that the member and surviving widow (or widower) were married for at .least one (l) year prior to the member' s retirement. Each child of such deceased retired male member (and each dependent child of such deceased retired female member) shall .be entitled to receive a monthly pension, the amount of which shall .be Twenty Dollars ($20.00) The combined maximum monthly pension payable to a surviving widow (or widower) and one or< more children eligible to receive a benefit hereunder shall be an amount not to exceed the pension being paid to the member at .his death. If' a deceased member heaves no widow (or widower) or children eligible to receive a benefit hereunder but .is survived by a dependent parent of parents , such dependent parents (or the surering dependent parent) shall be entitled to receive a monthly pension, the amount of which shall be seventy-five per cent (75%) of the pension being paid to the member at his death. IV. The provisions of this ordinance. shall be cumulative of and in addition to all other ordinances of the City of Fort Worth relating to pensions, which ordinances are hereby pre- served and. continued .in force and effect, . provided, however, that in the event of any conflict, the provisions of this ordinance shall control. V. 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 remain valid and unaffectedb,y 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 ordi- nance was invalid, it would not have adopted such invalid part. V1 . The City Council finds that all acts, conditions and things required .by provisions of the Constitution of Texas . and the Charter and ordinances of the City of Fort Worth precedent to and in the adoption of this ordinance have been done, have happened and have been performed in proper and. lawfizl time. VII . . This ordinance shall be in full force and effect from and after the date of its adoption and it is so ordained. Adopted this day ofA. D. 1964. V f Mayor of the City of Fort Woth, Texas ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: __7C C .. City Attorney