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HomeMy WebLinkAboutOrdinance 11401 t ~ 5 f ~ ' ~ ORDINANCE NO. ~/'T ® ~ ~'~ p ~ ' 30 ~~_ AN ORDINANCE AMENDING ORDINANCES 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, AND 11238 CODIFIED AS 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, RETIREMENT PLAN AND BENEFITS THEREUNDER FOR EMPLOYEES OF THE CITY OF FORT WORTH; INCREASING CITY CONTRIBUTION FOR POLICE OFFICER MEMBERS AND POLICE OFFICER MEMBER CONTRIBUTION TO FUND ONLY UPON APPROVAL BY SAID AFFECTED MEMBER GROUP AT AN ELECTION TO PERMIT POLICE OFFICER MEMBERS ONLY TO RETIRE UPON COMPLETION OF TWENTY-FIVE YEARS OF CREDITED SERVICE; PROVIDING FOR A MULTIPLIER CHANGE IN THE AMOUNTS OF'RETIREMENT AND DISABILITY PENSIONS; CONTINUING COST OF LIVING ADJUSTMENTS; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 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, 924'1, 9532, 10081, 10291, 10369, 10385, 1056.4, 10607, 10679, 11126, and 11238 be and the same is hereby amended as follows: SECTION 1. That Chapter 2, Article VI, Division 1, Section 2-201 "Definitions," of the Code of the City of Fort Worth (1986), as amended, be and is hereby further amended by adding the following language thereto as Subsection AE., to wit: "AE. "Police Officer" shall mean a member in the City of Fort Worth Police Department who has acquired civil service status as well as a beginning employee currently serving a one (1) year probationary period pursuant to Chapter 143, Local Government Code, Revised Civil Statutes of Texas, as amended." SECTION 2. That Chapter 2, Article VI, Division 1, Section 2-203 "Members' Contributions, " 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 to wit: "A. Commencing on the effective date of membership and continuing until the date of actual retirement or earlier termination of employment, Police Officer members upon approval by group election within thirty (30) days of September 21, 1993, and as provided in this section shall contribute to the Fund six and fifteen one-hundredths percent (6.15) of their Earnings, and all other members shall contribute to the Fund five and sixty-seven one- hundredths percent (5.67) of their Earnings. If such election by Police Officer members is not approved, Police Officer members shall contribute the same percentage of Earnings as do all other members. These contributions shall be made notwithstanding that the net compensation paid in cash to all of such members shall be reduced below the minimum wage prescribed by law. By accepting employment with the City, each member shall be deemed to consent and agree to deductions made from the member's compensation; and payment to all such members of compensation, less the deduction, shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered by such member during the period covered by such payment except as to the benefits provided for by the Fund. B. The contribution percentage of all members may be raised at any time from the amount stated in this section to a higher amount, as regulated by article 6243k, Revised Civil Statutes of Texas, as amended, upon a vote in favor of such raise by seventy-five percent (75~) of only the affected members voting at an election called for that purpose by the Board or the City Council, provided that -2- ~' such raise shall not be effective unless the City Council shall, by ordinance or resolution, also agree that the City shall increase its contribution to the Fund by at least an equal percentage increase." SECTION 3. That Chapter 2, Article VI, Division 1, Section 2-204 "City's Contributions," 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, to wit: "For Police Officer members only and contingent upon approval by group election as provided in Sec. 2-203, the City shall contribute to the Fund nine and twenty-two one-hundredths percent (9.22) of their Earnings. For all other members, the City shall contribute to the Fund eight and fifty one- hundredths percent (8.50) of their Earnings. If said election by Police Officer members is not approved by group election as provided in Sec. 2-203, such members shall contribute the same percentage of Earnings as do all other members.. Sec. 2-203 shall not limit the right of the City Council, through its budget appropriation, to contribute an additional amount over and above the members' contributions, in accordance with article 6243k, Revised Civil Statutes of Texas, as amended." SECTION 4. That Chapter 2, Article VI, Division 1, Section 2-206 "Normal Retirement Date," 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, to wit: "A member shall be eligible for retirement on his Normal Retirement Date which shall be the last day of the month in which the earliest of the following occurs: A. the member's years of age and years of Credited Service total eighty (80); B. the later of (i) the date on which the member reaches age sixty-five ( 65 ) or ( ii ) the fifth ( 5th ) anniversary of the date he became a member of the Fund; or -3- i C. the member's years of Credited Service total twenty-five (25). Sec. 2-206.C shall only be available for Police Officer members and only if approved by group election as provided in Sec. 2- 203." SECTION 5. That Chapter 2, Article VI, Division 1, Section 2-208 "Retirement Pension, " 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 of Paragraphs A and B thereof, to wit: "A. Commencement of Retirement Pensions and Adjustment to Prior Pensions. 1. Pensions Commencing Upon Retirement. A Vested member who retires after the member's retirement date and requests commencement of the member's pension shall receive an annual life pension, the amount of which shall be two and sixty-three one-hundredths percent (2.63$) of the member's Compensation Base multiplied by the member's total years of Credited Service to date of actual retirement, payable monthly on the first day of each month commencing with the month following the last month for which the member receives compensation from the City. 2. Pension Commencing Prior to October 1, 1993. Effective October 1, 1993, each retired member previously receiving pension benefits hereunder shall have the member's calculation for Base Pension benefits adjusted to two and sixty-three one-hundredths percent (2.63) of the member's Compensation Base multiplied by the member's total years of Credited Service to date of actual retirement. All prior cost of living increases from the date the member's pension benefits commenced shall be added to the new Base Pension to determine total benefits to be paid. -4- B. Cost of Living Adjustment. Annually, effective January 1, 1994, and on the first day of each January thereafter, a cost of living adjustment shall be made on all Base Pensions of all members of the Fund who have retired (including disability retirement), or to their survivors, by adjusting the amount of the Base Pension up or down by the amount of the change in the Price Index over the pervious year, or by two percent (2%), whichever is smaller; provided, that in no event shall any retired member's pension or survivor's benefits be reduced below the Base Pension. To be eligible for a cost of living adjustment for a particular year, either the. member or any survivor must have been receiving benefits by September 30th of the prior year." SECTION 6. That Chapter 2, Article VI, Division 1, Section 2-209.D "Disability in Line of Duty," 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, to wit: "D. Disability in Line of Duty. If a member becomes disabled as above defined while in the line of duty, the member shall receive an annual life pension, the amount of which shall be two and sixty-three one-hundredths percent (2.63~s) of the member's Compensation Base multiplied by the member's total 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. As used in this Subsection D and Subsection 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 therewith, whether such operations are conducted at the usual place of employment or elsewhere." -5- SECTION 7. That Chapter 2, Article VI, Division 1, Section 2-209.E "Disability Not in Line of Duty," 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, to wit: "E. Disability Not in Line of Duty. If a member who is Vested 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 two and sixty-three one-hundredths percent (2.63) of the member's Compensation Base multiplied by the member's total Credited Service to date. If a member becomes disabled not in line of duty before the member is vested, then Sec. 2-211 shall apply." SECTION 8. That 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 9. If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this Ordinance shall 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 of this Ordinance that any portion of said Ordinance was invalid, it would not have adopted such invalid part. -6- s'` ~ ~ ~} SECTION 10. 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 li. This Ordinance shall be in full force and effect from and after the date of its adoption and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Cit Attorn,~ey~ Date : 7 a~ ~ """ ADOPTED : 9 - ~I " EFFECTIVE : ~ - a- ~ "~~ -7-