HomeMy WebLinkAboutOrdinance 11608ORDINANCE NO. ~ 0
AN ORDINANCE AMENDING ORDINANCE NOS. 2999, 4060, 4250, 4304, 4354, 4430,
4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317, 7875, 8674, 8843, 9247, 9532, 10081,
10291, 10369, 10385, 10564, 10607, 10679, 11126, 11238, 11401, and 11412, CODIFIED AS
r--CHAPTER 2, ARTICLE VI, DIVISION 1, ENTITLED "EMPLOYEES' RETIREMENT
FUND", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED,
WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A RETIREMENT SYSTEM 1
RETIREMENT PLAN AND BENEFITS THEREUNDER FOR EMPLOYEES OF THEE
-CITY OF FORT WORTH, AMENDING~-TI-iE DISABILITY PENSION REQUIREMENTS,
INCLUDING NEW CONTINUED ELIGIBILITY RULES FOR MEMBERS ALREADY
RECEIVING BENEFITS, AMENDING THE PROVISIONS APPLICABLE TO IN LINE OF
DUTY AND NOT IN LINE OF DUTY DEATH BENEFITS, MAHING THIS ORDINANCE
CUMULATIVE, PROVIDING A 5EVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
~, M
That Ordinance No. 2999, passed and adopted by the City Council of the City of Fort
Worth on the 24th day of September, A.D 1952, as amended by Ordinance Nos. 4060, 4250,
4304, 4354, 4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317,.7875, 8674, 8843,
9247, 9532, 10081, 10291, 10369, 10385, 10564, 10607, 10679, 11126, 11238, 11401, and 11412,
be and the same is hereby amended as follows:
SECTION I.
That Chapter 2, Article VI, Division I, Section 2-209, "Disability Pensions," of the Code
of the City of Fort Worth (1986), as amended, be and is hereby further amended by substituting
the following language in lieu thereof, and after such amendment, said Section shall read as
follows, to wit.
t
"A. Definition of Disability
A member is disabled (or continues to be disabled) if, because of bodily
injury, disease or mental illness, the member is incapacitated for life, in
spite of reasonable accommodations by the City, from performing the
essential functions of (i) the trade, profession or occupation in which the
member was employed by the City when the member suffered the bodily
injury, disease, or mental illness and (ii) any other position which the
Board determines to be reasonably comparable to the position held by the
member, taking into account the member's education, qualifications,
experience, salary and other factors which the Board deems appropriate;
provided, however, that no physical condition existing at the time of entry
into the Fund shall be a basis for a disability pension prior to Vesting.
B. General Provisions.
Such disability must exist for at least ninety (90) consecutive days
prior to application for a disability pension.
2. Such disability must not have been contracted, suffered or
incurred while the member was engaged in, or did not result from
the member having engaged in, a criminal enterprise, or from
habitual drunkenness, addiction to narcotics, 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
3 Notwithstanding the provisions of Sec. 2-209.D and Sec. 2-209.E.,
no disability pension shall, at the time of commencement, exceed
the member's rate of Earnings.
4 To assist the Board in making disability determinations, the City
shall provide the Executive Director with City job descriptions and
qualifications, related salary ranges, and other appropriate
information as requested.
S Continuation of a disability pension, whether granted before or
after the enactment of this Ordinance, shall be subject to all the
provisions of this Sec. 2-209, including review and determination
of the member's eligibility for a disability pension.
C. Qualification for Disabilit~Pension.
A member shall not qualify for a disability pension as hereinafter
provided unless one or more duly licensed and practicing
physician(s) appointed by the Executive Director has determined
that the member is not capable of performing the essential
functions of the positions identified under Sec. 2-209.A.(i) and
Sec. 2-209.A.(ii). Determination of the existence of disability shall
not be made until ninety (90) days after the date such disability is
alleged to have commenced, and benefits shall not commence
before the first day of the month following the month in which
such ninety (90) day period ends.
-2-
2. The Executive Director shall have the appointed physician(s)
conduct an annual medical examination after a disability pension
has been granted (unless deemed not necessary by the Executive
Director due to the member's medical condition) and at any other
time deemed necessary by the Board in order to determine
whether the disability is continuing. To continue to receive a
disability pension, the member shall submit to any medical
examination required by the Executive Director or Board.
3 If at any time the Board is in reasonable doubt as to whether the
member is disabled as above defined, it may suspend the disability
pension until the doubt is resolved, which shall occur within a
reasonable time. Any disability pension shall be terminated upon
the Board's determination that the member is not disabled as
defined in Sec. 2-209.A.
4 No disability pension coverage shall be provided during a service
break in excess of ninety (90) consecutive days unless the service
break was caused by sickness or accident leading to total disability
5 The disability pension specified herein shall not be payable during
any period for which wages are received from the City, the State
of Texas or any other division of government while performing the
duties of a firefighter or peace officer
6 Falsification or omission on any part of the employment
application of prior conditions or injuries for which a disability
pension is or has been sought, falsification or omission on any part
of the disability pension application, or falsification or omission in
connection with the continuation of a disability pension shall
constitute grounds for denial of a disability pension or for
revocation of any disability pension previously granted.
7 The Board's determination on all matters concerning the granting,
refusing or revoking of a disability pension shall be final and
conclusive on all parties, and no appeal can be made therefrom.
A member is entitled to a reasonable hearing (at which the
member may appear in person, with or by a representative, or in
writing) before the Board makes its determination.
8. No disability pension shall be granted (or continued) while the
member is working for the City; provided however, a member may
be granted a disability pension if the Executive Director or the
Board has been informed by the City that the member's
employment is about to be terminated by the City because of the
member's inability to perform the essential functions of the
member's position. Any such disability pension granted under this
-3-
Sec. 2-209 C.8. shall not become effective until the month after the
member has stopped working for the City
9 Except as otherwise provided by law, to be eligible to continue
receiving a disability pension, a member must have complied with
the medical recommendations (including rehabilitation therapy
and treatment) as prescribed by the member's treating
physician(s), the physician(s) appointed by the Executive Director
and/or the Texas Rehabilitation Commission.
D Disabilit~in Line of Duty
If a member, whether or not Vested, becomes disabled as above
defined while in line of duty, the member shall receive an annual
life pension, the amount of which shall be the specified percentage
of the member's Compensation Base multiplied by the member's
total years of Credited Service which would have accrued if the
member had worked to the member's Normal Retirement Date,
but not less than Two Hundred Fifty Dollars ($250.00) per month.
For purposes of the preceding sentence, the specified percentage
of the member's Compensation Base shall be two and sixty-three
one-hundredths percent (2.63%}, unless the member is already
eligible to retire on or after the member's Normal Retirement
Date, in which case the specified percentage shall be two and
seventy one-hundredths percent (2.70%).
2. As used in this Sec. 2-209.D and Sec 2-209.E below, "line of duty"
means in the course of the operations usual to a member's
employment, including all operations necessary, incident, or
appurtenant thereto or connected therev~iith, whether such
operations are conducted at the usual place of employment or
elsewhere.
E. Disability Not in Line of Duty
If a Vested member becomes disabled as above defined while not in line of duty,
the member shall receive an annual life pension, the amount of which shall be
the specified percentage of the member's Compensation Base multiplied by the
member's total years of Credited Service to date of actual retirement. For
purposes of the preceding sentence, the specified percentage of the member's
Compensation Base shall be two and sixty-three one-hundredths percent (2.63%),
unless the member is already eligible to retire on or after the member's Normal
Retirement Date, in which case the specified percentage shall be two and seventy
one-hundredths percent (2.70%). If a member becomes disabled while not in the
line of duty before the member is Vested, then Sec. 2-211 shall apply
-4-
F Recovery from Disabilit
If the Board determines that a disabled member receiving a disability pension
hereunder is no longer disabled as above defined, the member's disability pension
shall immediately cease. If such member is re-employed by the City immediately
following such determination by the Board, the member's Fund membership shall
be reinstated as of the date of such re-employment, with full Credited Service. to
the date of disability The member shall receive no additional Credited Service
for the period of disability, provided however, that such period of disability shall
be used to determine attainment of Normal Retirement Date and Special
Retirement Date. If such member is not re-employed by the City immediately
following certification of recovery, the member 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 the member's total contributions, plus Regular
Interest (at the Regular Interest rate in effect on the date of any refund), over
the total of disability payments made to the member; provided, however, that if
such member had a Vested interest in pension credits as of the date of which the
member was certified disabled, the member shall receive a Vested Termination
Pension from the later of the date of certification of recovery or attainment of
the Vested Retirement Date under the Ordinance equal to the amount which
would have been payable under the provisions of Sec. 2-211 had the member
terminated employment on the date the disability pension began. Any death
benefits thereafter shall be determined in accordance with Sec. 2-210
G Report of Earned Income or Net Earnings from Self-Employment.
Any disabled member who has not attained Normal Retirement Date or Special
Retirement Date and who is receiving a disability pension shall submit to the
Executive Director prior to May 1 of each year following disability retirement a
copy of the member's signed income tax return filed for the preceding year, with
all attachments thereto, along with all tax returns and attachments for all of the
member's affiliated entities, including, but not limited to, partnerships,
corporations or other entities in which the member, or any relative, owns any
interest, including community or separate property, and for which the member
performs any services, whether compensated or not, as proof of the member's
Earned Income and Net Earnings from Self-employment for that year obtained
from any occupation or employment. At the end of the first year of disability
retirement and by May 1 of each subsequent year, a disabled member shall also
submit to the Executive Director an affidavit on the Executive Director's
approved form swearing that the member's Earned Income and Net Earnings
from Self-employment are fully disclosed on the tax returns provided to the
Executive Director and that the disabled member has not received any other
compensation, directly or indirectly, for services rendered by the disabled
member, nor performed any services for which the member received no
compensation except as disclosed in the affidavit, including amounts paid to other
affiliated entities for the benefit of the disabled member or to any relative of the
disabled member If the Internal Revenue Service has approved an extension to
-S-
file a tax return and the tax return has not been filed by May 1, the member shall
provide the Executive Director with a copy of the extension by May 1, and a copy
of the tax return with all attachments and the related affidavit, within two (2)
weeks after the tax return has been bled. If the member's total receipt of
Earned Income, Net Earnings from Self-employment, and City disability
retirement benefits, not including any cost of living adjustment increase or
increase in the formula, pension calculation shall exceed the member's annualized
base hourly rate of pay at the time a disability pension was granted by the Board,
then as soon as practicable, the Board shall reduce the amount of disability
benefits to be paid to the member by the amount of such excess earnings. In
reducing a member's disability pension due to such excess earnings, the Board
shall consider the member's then current earnings, and attempt to recover and
preclude any such excess earnings in the future. In the event that a member's
disability pension is reduced in excess of the amount required, the Board shall
pay such excess to the member For purposes of Sec. 2-209 G., base hourly rate
of pay shall not include overtime, acting, assignment, holiday, longevity,
educational incentive, safety award, incentive, shift differential or any other
special or premium pay The Board shall withhold a member's disability pension
upon the member's failure to submit on a timely basis the required income tax
returns with all attachments thereto and related documents. If the member
subsequently provides the required documentation, the Board shall cause the
member's disability pension to be reinstated, subject to the other provisions of
this Ordinance and including the payment of any previously withheld amounts,
without interest. For purposes of Sec. 2-209 G., any amounts paid to a member's
affiliated entity in connection with the performance of services by the member
shall constitute "Earned Income," and any attempt to circumvent the limitations
under this Ordinance on Earned Income and Net Earnings from Self-
Employment through the use of affiliated entities shall be grounds for the Board
to terminate the member's disability pension."
SECTION II.
That Chapter 2, Article VI, Division I, Section 2-210, "Death Benefits," of the Code of
the City of Fort Worth (1986), as amended, be and is hereby further amended by deleting Sub-
sections A. and B., and substituting the following language in lieu there of, and after such
amendment, said Subsections .shall read as follows, to wit
"A. While in Line of Dutv
If a member dies before retirement while in line of duty and as a result
of the performance of that member's duties, the surviving widow or
widower shall be entitled to receive a monthly pension, the amount of
-6-
which shall be seventy-five percent (75%) of the member's pension, based
on the number of years of Credited Service that would have accrued had
the member lived to the member's Normal Retirement Date, but not less
than Two Hundred Fifty Dollars ($250.00). Each dependent child of such
member under age eighteen (18) shall be entitled to receive a monthly
pension, the amount of which shall be Sixty-Five Dollars ($65.00),
provided however, that if no surviving widow or widower shall be entitled
to receive a monthly pension pursuant to the terms of this Ordinance, all
such dependent children shall share equally a monthly pension, the
amount of which shall be seventy-five percent (75%) of the member's
pension, based on the number of years of Credited Service that would
have accrued had the member lived to the member's Normal Retirement
Date, but not less than Two Hundred Fifty Dollars ($250.00).
The combined maximum monthly pension available to a surviving widow
or widower and one or more children eligible to receive a benefit
hereunder shall be either Three Hundred Seventy-Five Dollars ($375.00)
or the member's accrued pension projected to the member's Normal
Retirement Date, whichever is greater If there are dependent children
who are entitled to receive Sixty-Five Dollars ($65.00) per month
hereunder and the total payments to the dependent children and widow
or widower would exceed the combined maximum monthly pension
payable, the pension of the widow or widower shall be reduced so that
the sum of the monthly payments 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 Sixty-Five Dollars ($65 00) monthly benefit thereafter shall be
added to the pension of the widow or widower, but in no event shall the
monthly pension of the widow or widower exceed either seventy-five
percent (75%) of the member's accrued monthly pension projected to the
member's Normal Retirement Date, or Two Hundred Fifty Dollars
($250 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 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 percent (75%) of the member's
accrued pension projected to the member's Normal Retirement Date, but
not less than Two Hundred Fifty Dollars ($250.00).
For purposes of Sec. 2-210.A., a member's pension on or after Normal
Retirement Date shall be calculated using a multiplier of two and seventy
one-hundredths percent (2.70%).
B. While Not in Line of Duty
-7-
If a vested member dies before retirement, while not in the line of duty,
the surviving widow or widower shall be entitled to receive a monthly
pension, the amount of which shall be seventy-five percent (75%) of the
member's accrued pension but not less than One Hundred Fifty Dollars
($150.00). If a member was not vested on the date of death, the surviving
widow or widower .shall be entitled to the return of all contributions
which the member paid. into the Fund during the member's life plus
Regular Interest thereon (at the Regular Interest rate in effect on the
date of any payment to the widow or widower).
Each dependent child under eighteen (18) years of age of such vested
member shall be entitled to receive a monthly pension, the amount of
which shall be Sixty-Five Dollars ($65.00), provided, however, that if no
surviving widow or widower shall be entitled to receive a monthly pension
pursuant to the terms of this Ordinance, all such dependent children shall
share equally a monthly pension, the amount of which shall be seventy-
five percent (75%) of the member's accrued pension, but not less than
One Hundred Fifty Dollars ($150.00).
The combined maximum monthly pension payable to a surviving widow
or widower and one or more children eligible to receive a benefit
hereunder shall not exceed the greater of One Hundred Fifty Dollars
($150:00) or the member's accrued pension.
If the combined maximum monthly pension payable is the member's
accrued pension and there are dependent children entitled to receive
Sixty-Five Dollars ($65.00) each, and the total of payments to the
dependent children and the widow or widower would exceed the
member's accrued pension, the pension of the widow or widower shall be
reduced so that the sum of the monthly payments shall not exceed the
member's accrued pension, provided that the. pension of the widow or
widower shall not be reduced to less than Ninety Dollars ($90:00) per
month. If after the reduction of the pension of the widow or widower as
hereinabove provided, the sum of said pension and the payments to
eligible dependent children exceed the member's accrued pension, the
pension of the widow or widower shall be Ninety Dollars ($90.00) and the
balance up to the amount of the member's accrued pension shall be
distributed in equal portions among the eligible dependent children, up
to the maximum of Sixty-Five Dollars ($65.00) per dependent child as
herein provided.
When a dependent child receiving a benefit hereunder shall attain the age
of eighteen (18) 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 Sixty-Five
Dollars ($65.00) per dependent child. Any excess thereafter shall be
added to the pension of the widow or widower, provided that in no event
-8-
shall the monthly pension of the widow or widower exceed seventy-five
percent (75%) of the member's accrued pension.
If the maximum monthly pension payable is One Hundred Fifty Dollars
($150.00), the pension of the widow or widower shall be Ninety Dollars
($90.00) and the. balance shall be divided equally among the eligible
dependent children. When the last eligible child either attains the age of
eighteen (18) years, dies or marries, said balance shall be added to the
pension of the widow or widower
If a vested member who dies before retirement but not in the line of duty
leaves no widow, 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
percent (75%) of the member's accrued pension, but not less than One
Hundred Fifty Dollars ($150 00).
For purposes of Sec. 2-210.B., a member's accrued pension shall be
calculated using a multiplier of two and sixty-three one-hundredths
percent (2.63%), unless the member had reached the member's Normal
Retirement Date prior to death, in which event the multiplier shall be two
and seventy one-hundredths percent (2.70%)."
SECTION III.
CONTROLLING POWER OF ORDINANCE
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
preserved and continued in force and effect; provided, however, that, in the event of any
conflict, the provisions of this Ordinance shall control.
SECTION IV
VALIDITY OF ORDINANCE
If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this
Ordinance be declared invalid or unconstitutional, the same 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
-9-
~~
of this Ordinance that any portion of said Ordinance was invalid, it would not have adopted
such invalid part.
SECTION V
PREREQUISITES TO ORDINANCE
The City Council finds that all acts, conditions and things required by provisions of the
Constitution of Texas and 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 lawful time.
SECTION VI.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the date of its adoption,
and it is so ordained.
ROVED AS )O F AND LEGALITY
City Attorney
Date. ~ ~ 3 0 ( `~ ~--
ADOPTED ~~ ~-
EFFECTIVE. ~ j -~
c:\ggs\boa485\58000\ordinanc.012
-10-
~i r
City of Fort Worth, Texas
Mayor and Council C'cn;~tmunication
DATE ~ REFERENCE NUMBER LOG NAME PAGE
07/05/94 **G10713 13DISAB 1 of 2
SUBJECT AN ORDINANCE AMENDING THE DISABILITY PENSION PROVISIONS OF THE CITY
RETIREMENT ORDINANCE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending the City
Retirement Ordinance The proposed ordinance revises the disability pension provisions,
including amending the definition of disability, clarifying the disability benefits for a member who
is disabled while not in the line of duty, and clarifying the limitations on outside earnings a
disabled member may receive The proposed ordinance also revises the "in line of duty" and
"not in line of duty" death benefits in light of the increased multiplier previously adopted
DISCUSSION
The Board of Trustees of the Employees' Fund has recommended several changes to the
Retirement Ordinance, primarily relating to the disability provisions In addition to a number of
minor changes to improve or clarify current ordinance provisions, the following principal changes
are included in the proposed ordinance
(1) The definition of disability is amended to provide that a member is disabled if the
member cannot perform the essential. functions of any City position which the Board
determines is reasonably comparable to the position .previously held by the member,
utilizing information provided by the City Personnel Department
(2) The continuation of a disability pension (whether granted before or after the
enactment of the proposed ordinance) is subject to the new disability provisions
including the submission of required medical and income reports
(3) The proposed ordinance clarifies that a disability pension cannot be granted (or
continued) while a member is working for the City
(4) Anon-vested member who is disabled while "not in line of duty" will receive a return
of the member's contributions plus interest
iA~ Printed on recycled paper
City of Fort i~orth, Texas
Mayor and Council Communication
DATE
07/05/94 REFERENCE NUMBER
**G10713 LOG NAME
13DISAB PAGE
2 of 2
svasECT AN ORDINANCE AMENDING THE DISABILITY PENSION PROVISIONS OF THE CITY
RETIREMENT ORDINANCE
(5) A member who recovers from a disability and is reemployed by the City shall not
receive Credited Service for the period of disability, but the period of disability shall
be used to calculate when the member attains higher Normal Date and Special Date
(6) The requirements relating to the tax return information that a disabled member must
submit to the Executive Director by May 1 and the method through which a
member's disability pension will be reduced due to outside earnings are modified
(7) The proposed ordinance amends the "in line of duty" death benefit provisions. to
provide that the 2 7% multiplier shall be used
(8) The proposed. ordinance amends the "not in line of duty" death benefit provisions to
provide that the 2 63% multiplier shall .be used unless the member had attained
higher Normal Date prior to death, in which event the multiplier shall be 2 70%
FISCAL INFORMATION/CERTIFICATION
The Board of Trustees certifies that these changes are administrative in nature and will have no
material actuarial impact on the funding of the plan
CB q
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPRQVED
Charles Boswell 8500
Originating Department Head: ~~ 1 CjO~~~j L
Charles Boswel[ 8500 (from) J~~ 5 1994
For Additional Information l~t~/ ~~~
of the
Secretar
Cit
Contact: y
y
City of Fort `North, Texas
Charles Boswell 8500
#~~1 Printed on recycled paper