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Home My WebLink AboutOrdinance 4430 ORDINANCE NO. EOFFICIALECORDETARAN ORDINANCE AMENDING ORDINANCES NOS. 2999, 4060, 4250, 4304 , TEX• AND 4354, WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A RE- TIREMENT PLAN AND BENEFITS THEREUNDER FOR CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY OF FORT WORTH, BY PROVIDING JOINT AND SURVIVOR OPTIONS TO QUALIFIED MEMBERS OF THE FUND; PRO- VIDING THAT NO MEMBER, OR HIS OR HER LEGAL REPRESENTATIVE, SHALL HAVE THE RIGHT TO SUE THE CITY FOR PERSONAL INJURY, TOTAL DISABILITY OR DEATH RESULTING FROM INJURIES SUSTAINED IN LINE OF DUTY; PROVIDING THAT THE BOARD OF TRUSTEES SHALL DETERMINE THE DEPENDENCY OF CHILDREN; PROVIDING THAT PARA- GRAPH 4 OF SECTION 9 OF ORDINANCE NO. 2999 SHALL NOT BE AF- FECTED BY THIS AMENDMENT; PROVIDING A SAVINGS CLAUSE; MAKING THIS ORDINANCE CUMULATIVE; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Ordinances Nos. 2999, 4060, 4250, 4304 and 4354, all of which ordi- nances inv6lve,the Employees' Retirement Fund of the City of Fort Worth, a Trust, shall be, ,and the same are hereby, amended so that, after the ef- fective date hereof, Joint and Survivor Options shall be available to the qualified members of the Fund as follows: Upon qualification for retirement (i. e., after a member attains age fifty-five (55) and has not less than twenty-five (25) years of credited service, or after a-female attains age sixty (60), or after a male attains age sixty-fife`(65), or after a member becomes totally disabled as hereto- fore defined); such member may elect to have his pension reduced in ac- cordance with the following table in order to secure for his eligible de- pendent, as herein defined, a continuing income after his death: Relative Age of Dependent Percentage of Basic Monthly to Member Pension Payable to Both Parties 15 years younger 68.0 14 years younger 69.4 13 years younger 70.8 12 years younger 72.2 11 years younger 73.6 10 years younger 75.0 9 years younger 76.4 8 years younger 77.8 7 years younger 79.2 6 years younger 80.6 5 years younger 82.0 4 years younger 83.4 c , + A 8 ° x Relative Age of Dependent Percentage of Basic Monthly to Member Pension Payable to Both Parties (Cont'd.) 3 years younger 84.8 2 years younger 86.2 1 year younger 87.6 Same age 89.0 1 year older 90,4 2 years older 91.8 3 years older 93.2 4 years older 94.6 5 or more years older 96.0 SECTION 2. An "eligible dependent," for purposes of the optional pension elec- tions herein provided for, is defined as follows: 1. A married male member may elect only his wife as his de- pendent under this option. A vile qualifies as a dependent if (a) she is not more than 15 years younger than her hus- band, and (b) she has been legally married to him for at least one year. A widow will cease to be an eligible de- pendent if she remarries after the death of the deceased male member. 2. A married female member may elect only her husband as her dependent. A husband qualifies as a dependent if (a) he is not more than 15 years younger t'r_an his wife, (b) he has been legally married to her for at least one year, and (c) he is either totally and permanently disabled or has reached age 65. A widower will cease to be awri eligible dependent if he remarries w-ter his wife's death. 3. An unmarried member with a legitimate or legally adopted child or children may elect only such child or children as his dependent. A child qualifies as a dependent if he either is under age 17 or became totally and permanently disabled before age 17. If a child is more than 15 years younger than the member, the percentage of monthly pension payable to both parties will be computed by reducing 68% by 1.4% for each year by which the age difference exceeds 15. Unless disabled, a child will cease to be an eligible dependent upon attainment of age 17, and in any event will cease to be an eligible dependent upon marriage. 4° An unmarried member without a legitimate or legally adopted child or children may elect only his parent or parents as his dependent. A parent qualifies as a dependent if he is either totally and permanently disabled or has reached age 65. SECTION 3. An eligible dependent of (1) a deceased member whose eligible dependent is receiving benefits at the time of the adoption of this ordinance, (2) a retired member who subsequently dies, or (3) an active member who sub- sequently dies prior to exercising a Joint and Survivor Option shall have the option of receiving the death benefit provided for prior to the adop- -2- tion of this amendment (payment or continuance of the member's pension for the remaining part of a ten (10) year period following the death or retirement of said member, whichever is applicable) or a life annuity (subject to automatic cancellation upon remarriage) computed in accord- ance with the following table: Relative Age of Dependent Percentage of Basic Monthly to Member Pension Payable to Dependent 15 years younger 43.5 14 years younger 44.0 13 years younger 44.5 12 years younger 45.0 11 years younger 45.5 10 years younger 46.0 9 years younger 46.5 8 years younger 47.0 7 years younger 47.5 6 years younger 48.0 5 years yo.uager 48.5 4 years younger 49.0 3 years younger 49.5 2 years younger 50.0 1 year younger 53.0 Same age 56.0 1 ,year older 59.0 2 years older 62.0 3 years older 65.0 4 years older 68.0 5 or more years older 71.0 if an eligible dependent child is more than fifteen (15) years younger than a member, the percentage of monthly pension payable to such child shall be computed by reducing 43.5 per cent by 0.5 per cent for each year by which tae age difference exceeds fifteen (15). sEcTION 4. Election of a Joint and Survivor Option under Section 1 may be made, rescinded or changed by a merber at any time prior to the date on which his pension is to commerce. Election of a Death Benefit Option under Section 3 must be made by an eligible dependent within three (3) months following a member's death. Until such election ie made, no death benefits shall be payable, and if the dependent fails to make an election before the expiration of the three (3) month period, his right to elect a life annuity shall be irrevo- cably waived and the death benefit provided for prior to the adoption of this amendment shall be paid. -3- � m Optiorsl pension and death benefit elections shall be made in writ- ing or the form or forms specified by the Board. Proof of age and such other information as may be required for determining the amount of the optional benefit shall be furnished to the Board upon its request. If an eligible dependent dies before the date on which a member's pension under a Joint and Survivor Option is to commerce, the election shall be of no effect, and the member shall be treated the same as though he had not elected an option. If ar. eligible dependent dies on or after the date on which a mem- ber's pension :aider a Joint and Survivor Option is to commence, the elec- tion shall continue in force, and the amount of the memoer's pension shall not be inc:-eased Vler eb.-. S=ION 5. IP a widow or widower receiving a pension under one of the foregoing options predeceases a legitimate or legally adopted child or children under age seventeen (17), such child or children will receive the pension unt'-1 age seventeen. (17)• SECTION 6. B; reason of the expansion of the benefits and coverage herein and ,:1e additional Queens placed upuu the City of Fort Worth and the Fund, is is expressly provided that no member of the Employees' Retirement Fund of the City of Fort Worth shall have the right to sue said City for total disability sustained in line of duty, as heretofore defined in Ordinance No. 2999, and by vir';.ue of becoming a member he or she accepts the bene- fits provided by the Employees' Retirement Fund of the City of Fort Worth in lieu of his or her right at law to sue the City for damages in a court of competent jurisdiction. No heir or legal representative of a member who is injured in line of duty, which injury results in death, shall have the right to sje the City of Fort Worth for damages by reason thereof, but such heir or legal representative shall accept the benefits provided under the Employees' Retirement Fuad Ordinances of the City of Fort Worth in lieu of such right to sue for damages in a court of competent jurisdiction. -4- SECTION 7. The Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth shall determine the dependency of children, and its determination in this connection shall be final and conclusive. SECTION 8. Paragraph 4 of Section 9 of Ordinance No. 2999 shall not be affected by the terms and provisions hereof, and the Joint and Survivor Options herein set forth shall not. be applicable thereto. SECTION 9. If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this ordinance be declared invalid or unconstitutional, the sane shall not affect any other portion or provision hereof, 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 in- valid, it'would not have adopted such invalid part. SECTION 10. 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 provi- sions of this ordinance shall control. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 12. 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 ordained. APPROVED ASS TOFORMAND LEGALITY: FO11 S. G. Johndroe, Jr. City Attorney -5-