§ 2-97.17. Retirement benefits and their payment—Generally.

(a)

Each member who retired prior to February 10, 2004 shall be entitled to the benefits set forth in the ordinance at the time of the member's retirement, provided that in no event will a member's benefits be less than the benefits he or she is entitled to receive pursuant to the applicable collective bargaining agreement.

(b)

Each member who (i) retires due to normal retirement pursuant to subsection 2-97.15(a), or (ii) who is retired for disability or is a member of the veteran reserve will receive a pension in an amount equal to seventy (70) percent of his or her compensation. For purposes of this subsection, in the event that a member receives a pay out of his or her unused sick leave, compensation shall include twenty-five (25) percent of the amount of unused sick leave paid to the member.

A member's benefit payable under this subsection shall be increased as required to reflect increases in the salaries of active employees at the same rank and step the retiree held at retirement. Benefits payable under this subsection to any retired fire chief shall be increased as required to reflect increases in the salaries of active, full-time, non-bargaining employees as approved by the city council, but will not reflect increases in the compensation of any fire chief contained in a personal employment agreement as required by Charter section 42(k). In no event shall an increase under this subsection exceed two and one-quarter (2.25) percent per year.

(c)

A member shall be fully vested in his or her benefit from the plan if he or she terminates employment with the city as a firefighter after he or she has completed at least ten (10) years of continuous service. Such member receive a pension on the earlier of (i) the date he or she attains age sixty-five (65) or (ii) the date he or she would have completed twenty-five (25) years of continuous service had he or she remained employed by the city as a firefighter, provided that he or she has not withdrawn his or her contributions. If a member is entitled to a pension under this subsection, he or she will receive a pension in an amount equal to two and eight-tenths (2.8) percent of his or her compensation, multiplied by his or her years of continuous service. For purposes of this subsection, compensation shall be determined as of the date the member terminated employment as a firefighter, and shall not include any amount paid with respect to unused sick leave. In no event shall the vested benefit to which the terminated member is entitled be of lesser value than the amount of his or her own contributions. A member's benefit under this subsection shall not be adjusted to reflect increases in the salaries of active employees.

(d)

Notwithstanding any provision of this section to the contrary, a firefighter shall not be eligible to receive a pension if:

(1)

The member is discharged for just cause and such discharge is not reversed upon appeal; or

(2)

The member resigns after he or she has been informed that he or she is under investigation for an offense which constitutes just cause for discharge, and he or she is not exonerated of such offense.

(e)

If a member has completed ten (10) or more years of service, and is found by a physician appointed by the city to be unable to perform the duties of his or her position due to a disability that was not incurred during the performance of his or her duties, such member shall be eligible to receive pension payments in an amount equal to two and eight-tenths (2.8) percent of his or her compensation, multiplied by his or her years of continuous service. In no event shall such member's pension benefit be less than twenty-eight (28) percent of his or her compensation, or more than seventy (70) percent of his or her compensation. For purposes of this subsection, compensation shall be determined as of the date the member terminated employment as a firefighter, and shall not include any amount paid with respect to unused sick leave.

(f)

If a member was not a regular member of the fire department on the payroll on January 1, 1972, but was employed as a firefighter during the period from July 1, 1981 to June 30, 1985, the portion of the member's benefit accrued between July 1, 1981 and June 30, 1985 shall be adjusted after retirement as described in this subsection. The amount of the adjustment of such portion of the member's benefit shall be calculated under both the cost of living adjustment provision in effect from July 1, 1981 to June 30, 1985 and the escalator clause. Such member shall be credited with an amount attributable to the method that yields the greatest adjustment in the member's benefit, but in no event will be credited with amounts under both methods. In no event shall a member's benefit be adjusted under this subsection exceed seventy (70) percent of his or her compensation, or if greater, the maximum benefit permissible on June 30, 1985 increased to reflect the applicable cost of living increases.

(g)

If a member (or in the case of a death benefit, the surviving spouse) does not elect to have payment of his or her retirement benefit begin at the earliest date such payments could have been made, the member or surviving spouse may elect a retroactive benefit commencement date. If a member or surviving spouse so elects, he or she shall receive a retroactive payment representing amounts to which he or she was otherwise entitled treated as if benefits commenced no earlier than the earliest date on which he or she could have retired.

(h)

A member who has retired on or after their normal retirement date shall be allowed to receive benefits pursuant to this division if such member is still employed by the city in a position not covered under this pension system. A member shall retire no later than the date such member attains age sixty-five (65).

(Ord. of 4-10-07; Ord. of 4-9-13; Ord. of 10-10-17)