HomeMy WebLinkAboutORD NO 1758 ORDINANCE NO. '1758 NEW SERIES
AN ORDINANCE OF THE CITY OF BAKERSFIELD ADDING
CHAPTER 5.38 TO THE MUNICIPAL CODE OF THE CITY
OF BAKERSFIELD PROVIDING A RELIEF AND PENSION
FUND FOR MEMBERS OF THE FIRE DEPARTMENT OF THE
CITY OF BAKERSFIELD.
WHEREAS, the provisions of the City Charter of the City
of Bakersfield relative to the Relief and Pension Fund for Members
of the Fire Department are to be placed on the November'5, 1968 ballot
for deletion from the City Charter, and
WHEREAS, the ballot measure above described is designed
to transfer the provisions of a Relief and Pension Fund for Members
of the Fire Department of the City of Bakersfield from their
position in the City Charter to a position in the Municipal Code
of the City of Bakersfield, and
WHEREAS, continuity in said fund is to be preserved, and
WHEREAS, a determination is made by this ordinance that
it is a legislative preference and the preference of the electorate
of the City of Bakersfield that said fund should be set forth in
a city ordinance ratheK than a charter provision.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That Chapter 5.38 is hereby added to the Municipal Code
of the City of Bakersfield to read as follows:
Chapter 5.38
RELIEF AND PENSION FUND FOR MEMBERS OF THE
FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD
Sections:
5.38.010 Creation of Fund.
5.38.020 Definitions.
5.38.030 Disability caused by discharge of duties--disability
lasting less than one year.
5.38.040 Disability caused by discharge of duties--disability
lasting more than one year.
5.38.050 Death of a member.
5.38.060 Surviving widow--failure to care for dependent
children.
5.38.070 Fire Depart~nent of the City of Bakersfield--who is
member.
5.38.080 Person receiving disability--powers of Pension
Board to have examined for evidence.
5.38.090 Disability and Retirement Board Meetings--powers.
5.38.100 Pension Fund--duties of FinanCe'Director.
5.38.110 Contributions.
5.38.120 Service Retirements.
5.38.130 Allowance on Service Retirement.
5.38.140 Disability Retirement.
5.38.150 Allowance on Disability Retirement.
5.38.160 Death Benefit.
5.38.170 Benefits--Offset reductions for other compensation
received.
5.38.180 Effect of Workmen's Compensation Insurance and
Safety Law.
5.38.190 Severability Clause.
5.38.200 Conflict Clause.
5.38.210 Further Definitions.
5.38.220 Effect of Service in the Armed Forces.
5.38.010 Creation of Fund. A relief and pension fund is hereby
created and established for the members of the Fire Department of
the City of Bakersfield. The Mayor, City Manager, Finance Director,
Chief of the Fire Department and three other qualified persons, to
be elected by a vote of the members of the Fire Department, and
their successors in office, shall constitute a Board of Trustees
for the administration of said fund to be known as the Pension
Board. Said Pension Board shall have charge of the disbursements
from said fund as hereinafter provided, and such other and further
duties as are necessary or requisite for carrying out the purposes
intended by this proposed amendment, and all of the sections herein
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set forth. The members of said Pension Board shall serve without
compensation, and shall hold office for a period of two years from
the date of their appointment or elections until their successors
are qualified. The election by the Fire Department of three qualified
persons to act on said Pension Board shall be by vote taken prior
to the time it. shall be necessary for the three members to become
members of said Pension Board, and such vote by said Department shall
be conducted in the time, form and manner as shall be provided by
the rules promulgated by said Department of the City of Bakersfield
from time to time.
Vacancies in said Pension Board shall be filled for the un-
expired term, except when caused by recall, by the persons who
succeed to the office held by the person mentioned herein, except
those members elected by the vote of the members of the Fire Department,
in which event that person shall be elected by a vote taken by the
members of the Fire Department of the City of Bakersfield at the
earliest possible convenience for the purpose of filling the vacancy
on said Board. A vacancy on said Pension Board shall not impair
the right of the remaining members to perform all the duties and
exercise all of the powers and authority of the said Pension Board.
The Mayor shall be ex officio Chairman of said Pension Board, the
City Manager shall be ex officio Secretary thereof, and the Finance
Director shall be ex officio Treasurer of said Board and Fund.
Five (5) members of the Board shall constitute a quorum for the
transaction of its business. Said Board shall render an annual
report to the City Council of the City of Bakersfield showing the
receipts and disbursements during the previous year, the names of
the beneficiaries and the amounts paid them, and the balance
remaining in said Fund. The Pension Board shall have exclusive
control of the administration and investment of the pension fund
or funds which may be established as hereinafter provided and to
make all needful rules and regulations for its guidance in conformity
with the provisions herein or hereinafter mentioned.
3.
5.38.020 Definitions. The following words and phrases as
used in this 'chapter,. unless a different meaning is plainly
required by the context, shall have the following meanings:
(a) THE SERVICE DISABILITY AND RETIREMENT FUND shall mean
"A Relief and Pension Fund" for the members of the Fire Department
as established, in Section 1 of the Charter Amendment of 1931. "Relief
and Pension Fund" shall mean the "Disability and Retirement Fund."
(b) EMPLOYEE shall mean "Officer" or "Employee".
(c) MEMBER shall include and mean any person included in
the membership of the Retirement System as provided in Section 7 of
the Charter Amendment of 1931.
(d) CITY shall mean the City of Bakersfield, California.
(e) BOARD or PENSION BOARD shall mean the "Disability and
Retirement Board".
(f) SYSTEM, or RETIREMENT SYSTEM shall mean the "Relief
and Pension Fund", as established in Section 1 of the Charter
Amendment of 1931.
(g) SERVICE shall mean service rendered as an employee in
the Fire Department in the City of Bakersfield for compensation, and
for the purpose of this chapter, a member shall be considered
as being in the "service" only while he is entitled to receive
compensation from the City of Bakersfield for such service except
as credit is allowed and granted in Section 5.'38.140 of. this Chapter
for the time during which a member is retired for disability.
(h) PRIOR SERVICE as applied to members of the Disability
and Retirement System, shall mean service rendered prior to January 1,
1938.
(i) BENEFICIARY shall mean any person in receipt of a retire-
ment. allowance, a death benefit, or any other benefit from the
Disability and Retirement System.
(j) COMPENSATION, as distinguished from benefits under the
Workmen's Compensation Insurance and Safety Act of the State of
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California, shall mean the gross remuneration prescribed by the City
of Bakersfield, by ordinance and in cash, without deduction except
for absence from duty, for time during which the individual receiving
such remuneration is in the employ of the City of Bakersfield in
the Fire Department.
(k) COMPENSATION EARNABLE by a member shall mean the com-
pensatiom as determined by the Disability and Retirement Board,
which would have been earned had the member received compensation
without interruption throughout the period under consideration and
at the rates attached to the ranks or positions held by him during
such period; it being assumed that during any absence he was in the
rank or position held by him at the beginning of the absence and
that prior to becoming a member of the Fire Department he was in
the rank or position first held by him in sdch department.
(1) FINAL COMPENSATION shall mean the average monthly
compensation earnable by a member during the five (5) years imme-
diately preceding his retirement, or death before retirement.
(m) REGULAR INTEREST shall mean interest at the rate adopted
by the Disability and Retirement Board, compounded at each June
thirtieth (30th), and subject to the provisions of Section 5.38.100
hereof as to interest rate, plus such additional interest as the
Disability and. Retirement Board may declare from year to year in
accordance with the provisions of this chapter.
(n) NORMAL CONTRIBUTIONS shall mean contributions at the
rates provided, for the members in Section 5~38..110 .(c) of .this
chapter..
(o) DEPEND~ENT CONTRIBUTIONS shall mean contributions at the
rates provided, for in Section 5..~8.~'110 (d) of this chapter.
(p) ACCL~CO.IATED NORMAL ~ONTRIBUTIONS shall mean the sum of
all the normal contributions, deducted from the compensation of
a member and standing to his credit in his individual account,
together with regular interest thereon.
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(q) ACCUMULATED DEPENDENT CONTRIBUTIONS shall mean the sum
of all the dependent contributions, deducted from the compensation
of a member and standing to his credit in his individual account,
together with regular, interest thereon.
(r) ACCUMULATED CONTRIBUTIONS shall mean accumulated normal
contributions, plus accumulated dependent contributions.
(s) PENSION shall mean equal monthly payments for life,
derived from contributions made by the City, as provided in this
chapter.
(t) ANNUITY shall mean equal monthly payments for life,
derived from contributions made by the member, as provided in this
chapter.
(u) RETIREMENT ALLOWANCE and DEATH ALLOWANCE shall mean the
pension plus t'he annuity.
(v) ACTUARIAL EQUIVALENT shall mean a benefit of equal value
when computed 'upon the basis of such mortality tables as shall be
adopted by the Retirement Board and regular interest, except that
such interest shall be compounded annually.
(w) THE CHARTER shall mean the Charter of the City of
Bakersfield.
(x) FINANCE DIRECTOR shall mean the Finance Director of the
City of Bakersfield.
(y) The term, WIDOW as used herein shall not include either.
the wife or any member who is, without cause, living separate or
apart from her husband at the time of his death, or one who has
either an interlocutory or final decree of divorce, allowed by any
court of competent jurisdiction which decree awards said wife any
amount for her support and maintenance. The Disability and Retire-
ment_~oard, is hereby empowered to hear and consider the application
of any such wife, and to determine in its judEment if such separation
was justifiable or excusable on the part of such wife, and said
Disability and Retirement Board may in its discretion, allow or
reject the application for pension as provided for herein. The
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decision of such Disability and Retirement Board in such cases shall
be final and conclusive. In the event that the Disability and
Retirement Board in its judgment disallows the claim of such wife,
and there be a child or children of such deceased member under the
age of eighteen (18) years and unmarried, such pension shall be
paid to such child or children as hereinafter provided.
(z) Words used in the masculine gender shall include the
feminine and neuter genders and singular numbers shall include the
plural and the plural the singular.
5.38.030 Disability caused by discharge of duties--disability
lasting less than one year. Whenever any member, who at said time
is in active duty in the Fire Department of the City of Bakersfield,
in the judgment of the said Pension Board, shall become disabled by
reason of bodily injuries received in or by reason of sickness ,
caused by the discharge of the duties of such person in such Depart-
ment; or who shall become so physically or mentally disabled as the
result of such sickness or injuries as to render him unfit for
active duty in such Department, the Pension Board shall order and
direct that such person shall be carried on the Department payroll
at full salary attached to such position of said person for a period
not to exceed one (1) year.
5.38.040 Disability caused by discharge of duties--disability
lasting more than one year. Whenever any member of the Fire Depart-
ment shall become disabled by reason of bodily injuries received in
or by reason of sickness caused by the discharge of the duties of
such member in such Department and such disability shall continue
for one (1) year or shall become so physically or mentally disabled
as a result of such injuries or sickness as to render his retirement
from active serv~c.~ necessary, the Pension Board shall order and direct
that such member be retired from active service and, thereafter,
such member so retired shall, during his lifetime, be paid from
said pension fund, in equal monthly installments, the retirement
allowance as provided in Section 5.38.140..'Provided,'howe~er, that any
such retirement allowance shall cease when the member's disability
ceases and, in such event, such member shall be restored to the
same rank or position which he held at the time of retirement.
Provided, further, that the Pension Board shall have the power and
authority to hear and determine all matters pertaining to the
granting and termination of any such retirement allowance. Said
Board shall make its findings in writing, based upon the report or
reports of at least three regularly licensed, practicing physicians,
and such other evidence concerning such disability as shall be
presented to it. One of such physicians shall be the Health
Officer of the City of Bakersfield, one shall be selected by the
member applying for such retirement allowance and at least one
shall be selected by said Pension Board.
5.38.050 Death of a member. Whenever any member shall die
either,
(a) As a result of any injury arising out of or sustained
by him while i'm the discharge of his duties as a member of the Fire
Department, or
(b) From sickness caused by or resulting from the discharge
of his duties as a member of such Department; the death allowance
provided in Section 5.3~.160 (Death Benefit) shall be paid, in
equal monthly installments, as follows:
(1) To his widow during her lifetime or until she remarries
and, thereafter, to the legally appointed guardian of his child or
children until such child or children shall have attained the age
of eighteen (18) years or shall have married.
(2) In the event such deceased member shall leave no
widow, such death allowance shall be paid to the legally appointed
guardian qf his child or children until such child or children
shall have attained the age of eighteen (18) years or shall have
married.
(3) In the event such deceased, member shall leave
neither widow nor child or children under the age of eighteen (18)
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years, such retirement allowance shall be paid to his parent or parents
or to his sister or brother who, in the order named, was or were
either wholly or partially dependent upon him. Such Disability and
Retirement Board shall have the power and authority to determine all
matters pertaining to such dependency. Provided, however, that should
said Board determine that such parent or parents or sister or brother
was or were only partially dependent upon such deceased member, then
and in that event, only such percentage of such death allowance
shall be paid as is equal to the percentage of such dependency
as determined by said Board. Provided, further, that said Board
may from time to time reexamine the financial status of any such
parent or parents or sister or brother and, should it determine that
the same has c'hanged since the death of the member, it shall decrease
or terminate the payment of said death allowance in accordance with
its determination.
(4) No widow of any person who shall receive the benefits
of this pension fund who marries such person after the allowance of
this pension shall be entitled to the pension herein provided after
his death.
5.38.060 Surviving widow--failure to care for dependent
children. In the event that a widow receiving a death allowance
fails, neglects or refuses to properly or adequately provide for
a dependent child or children of a deceased member, the Pension Board,
upon its detemnination thereof, shall have the power and authority,
in its sole discretion, to pay all or any part of such death
allowance for the benefit of such dependent child or children in
accordance with whatever regulations, requirements or rules it
shall promulgate in connection therewith.
5.38.070 Fire Department of the City of Bakersfield--who
is member. For the purpose of the provisions contained herein, the
Fire Department shall consist of all persons duly and regulary ap-
pointed whose duty it is to extinguish fires in the City of
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Bakersfield, or assist therewith, who are receiving compensation
therefor from the City of Bakersfield, under whatever designation
they may be described in any salary or departmental ordinance pro-
viding compensation for members of said Department, whether male or
female.
5.38.080 Person receiving disability--powers of Pension
Board to have examined for evidence. Any person retired by disability
or receiving disability under the provisions hereof, may be s~oned
at any time before the Pension Board, and shall upon request of
said.Pension Board submit himself for examination as to his fitness
for duty, and if found by said Pension Board to be physically fit
and c.apable of carrying on his duties in such Department, shall be
restored to active duty as of the same rank or position held at
the time of retirement on Pension. Said person so examined shall
abide by the decision of the Pension Board with reference thereto,
and upon failure on his part to abide by said decision, said
Pension Board shall authorize the City of Bakersfield and any of
its officers to desist from making any further payments for or on
account of pension or salary of any kind whatsoever, and shall be
grounds for discharge from the Department, and any member of the
Fire Department of the City of Bakersfield, who 'shall have been
retired under the provisions hereof, shall report to the Chief of
the Fire Department in person or in.writing on the first day of
January, April., July and October of each year, and at such other
times as the Pension Board may from time to time require. No
person obtaining the benefits hereof, and receiving the benefits
hereof shall be compelled to work in any Department other than the
Department from which he has been retired.
5.38.090 Disability and Retirement Board Meetings-.-powers.
Said Disability and Retirement Board shall hold regular meetings
at least once during each calendar month on a date to be selected
by said Board, and said Board is hereby authorized to issue warrants
upon the City of Bakersfield against the Fund hereby created and
to pay and discharge any of the obligations incurred hereby or to
10.
be payable hereunder. Said Board may issue warrants upon said Fund,
which must be signed by at least two (2) of its members, showing the
amount and purpose for which payment is made. Said Disability and
Retirement Board shall, in addition to the other powers herein granted
have power to
(a) Administer oaths, certify to all official acts, and to
issue subpoenas for the attendance of witnesses and the production
of papers, books, and accounts, documents, and testimony in any
inquiry, investigation, hearing, or proceeding in any part of the
state or the Superior Court in and for the City and County, or
County in which any inquiry, investigation, hearing, or proceeding
may be held by the said Disability and Retirement Board or any
member thereof.
(b) Compel the attendance of witnesses, the giving of tes-
timony and the production of papers, including books, accounts,
and documents~ and required by any subpoena issued by said Disability
and Retirement Board or any member thereof. The Disability and
Retirement Board or any member thereof, before whom testimony is
to be given or produced, in case of refusal of any witness to attend
or testify or produce any paper required by the said subpoena, may
report to the Superior Court in and for the County or City and County
in which the proceeding is pending, by a petition setting forth that
due notice has been given of the time and place and of the attendance
of said witness or the production of said papers, and that the
witness has been subpoenaed in the manner prescribed by this Chapter,
and the witness has failed and refused to attend or produce the
papers required by the subpoena, or has refused to answer questions
propounded to him in the course of such proceeding, and ask for an
order of the Court compelling the witness to attend and testify or
produce said papers before said Disability and Retirement Board.
Upon the petition of said Disability and Retirement Board, or such
member thereof, the Court shall enter its order directing the
witness to appear before the Court at a time and place to be fixed
11.
by the Court in such order, the time to be not more than ten (10)
days from the date of the order, and then and there show cause why
he has not attended and testified or produced said papers before the
Disability and Retirement Board, or member thereof. A copy of said
order shall be served upon such witness. If it should appear to
the Court that said subpoena was regularly issued by said Disability
and Retirement Board or the member thereof, and the witness was legally
bound to abide thereby, the Court shall thereupon enter an order
that said witness shall appear before the Disability and Retirement
Board, or the member thereof, at a time and place to be fixed in
such order, and testify or produce the required paper, and upon
failure to obey said order, said witness shall be dealt with as for
contempt of court. The remedy provided herein is accumulative and
shall not be construed to impair or interfere with the power of
the Disability and Retirement Board or member thereof to enforce the
attendance of witnesses and the production of papers and to punish
for contempt in the same manner and to the same extent as courts of
record.
(c) To regulate and provide the manner, and by whom, minors
and incompeten, t persons shall appear and be represented before it.
(d) To regulate and prescribe the name and character of
notice where not otherwise prescribed by this Charter, and the service
thereof.
(e) Provide for the payment from said fund of all of its
necessary expenses; provided, however that no compensation shall be
paid to any member of said Board for any duty performed under this
Charter.
(f) Make such revisions, on advice of an actuary who is to
be consulted at least once in each five (5) year period, in the
rates of contribution under the System as shall be deemed necessary.
(g) To do and perform any other act or thing necessary or
requisite to carry out the terms, provisions, and intentions of the
provisions hereof.
12.
(h) Keep in convenient form such data as shall be necessary
for the actuarial valuation of the Retirement System. As of July 30,
1942, and at 1.east once every five (5) years thereafter, the Board
shall make an actuarial investigation into the mortality, service,
and compensation experience of the members and beneficiaries as
defined by this chapter, and further shall make an actuarial
valuation of the assets and liabilities of the Retirement System,
and upon the basis of such investigation and valuation shall:
(1) Adopt for the Retirement System such interest rate,
and such mortality, service, and other tables as shall be deemed
necessary.
(2) Make such revision in the rates of contribution
under the Retirement System as shall be deemed necessary.
(i) In addition to other records and accounts keep such
records and accounts as shall be necessary to show at any time:
(1) The total accumulated contributions of members.
(2) The total accumulated contributions of retired members
less the annuity payments made to such members.
(3) The accumulated contributions of the City held for
the benefit of members on account of service rendered as members
of the Retirement System.
(4) All other contributions of the City, which shall
include the amounts available to meet the obligation of the City on
account of benefits that have been granted and on account of prior
service of members.
(j) Appoint a member of the Fire Department to act at the
Board's pleasure as Assistant Secretary of said Board, who shall
maintain all records as required herein, under supervision of said
Board.
(k) Before July 1, in each year, advise the Finance Director,
City Manager, and City Council the amount necessary to be included
in the annual budget as provided in subsections (f), (g), and (h),
of Section 5.38.110 of'this~Chapter.
13.
5.38.100 Pension Fund--duties of Finance Director. Excepting
such monies as may be required for current needs, the Finance Director
shall deposit such monies belonging to said Fund in the savings banks
of the City of Bakersfield, or he shall invest such monies in
securities purchased in the open market, from a list of securities
previously approved by the Retirement Board. Investments shall be
confined to (1) general obligation bonds of the United States of
America, the State of California, and all public agencies of said
State; and (2) bonds issued by corporations and bearing a rating at
the time of purchase which is found by the Retirement Board to be at
least equivalent to that represented at the time of the adoption of
this chapter, by rating "A" by a national rating system generally
recognized and used by banks and investment brokers in the United
States of America.
5.38.11.0 Contributions. The rates of contribution of each
member shall be as follows: (a) For the first year after the
effective date of this chapter there shall be contributed three
(3) per cent of his salary per month, for the second year four (4)
per cent of his salary per month, and for the third year five (5)
per cent of his salary per month.
(b) Commencing with the fourth year after the effective date
of this chapter, the normal and dependent rates of contribution
of each member, as actuarily recommended and approved by the Retire-
ment Board, shall be based on his age at July 1, 1937, or at his
later entrance into the Retirement SysteTM, and his age when he became
or shall become a member of the Fire Department, both ages being
taken to the next lower completed quarter year. The age at entrance
prior to July 1, 1937, shall be determined by deducting the total
service in the Department credited to the member at July 1, 1937,
from his age at that date. The age at entrance after July 1, 1937,
into said Department, shall be the same as the age of entrance into
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the Retirement System. The rates so adopted shall remain in full
force and effect until revised as provided in Section 5.38.090 hereof.
(c) The normal contribution which shall be required as a
deduction from the compensation of each member throughout his mem-
bership shall be such as, on the average for such member, if his
service on full salary be uninterrupted and when accumulated with
interest added to the equal accumulated contributions of the City
and applied according to the actuarily reco~m~ended rates and table
and approved by the Retirement Board, will provide a retirement
allowance on retirement for service at the age of fifty-five (55)
years equal to one-half of his final compensation, less that part
of the retirement allowance set forth in Section 5.38.130(c) of
this Chapter, which is to be provided by contributions of the City
on account of service rendered prior to the effective date hereof.
The percentage of a member's final compensation to be provided, on
the average, for him for a retirement allowance, for each year of
service as a member, shall be derived by dividing fifty per centum
by the total number of years of service which would be credited to
him under the system if his services be uninterrupted until he
reaches the minimum age at which he is permitted to retire for
service.
(d) Th.e dependent contributions, which shall be required in
the same manner as normal contributions of each member throughout
his membership in addition to the normal contributions, shall be
such as would be necessary to provide upon the date of his service
retirement at fifty-five (55) years of age or upon the completion
of twenty (20) years service at an age higher than fifty-five (55)
years, when accumulated with interest and applied by actuarial rates
and tables and approved by the Retirement Board, for the continuance
after his death and throughout the life of a widow, whose age at
such date is the same age of said member, of two-thirds (2/3) of
the annuity provided by his accumulated normal contributions upon
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s~id retirement at fifty-five (55) years of age or at said higher
ages. If at the date of retirement for service or retirement for
disability, said member has no wife who qualifies for the continuance
of an allowance to her after the death of said member, the said
dependent contributions, with accumulated interest thereon, shall
be paid to him upon said date, or at his option, applied in the same
manner as his normal contributions to provide for him an annuity
which shall be added to the annuity provided by said normal contri-
butions.
(e) The Retirement Board shall certify to the Chief of the
Fire Department and to the Finance Director the normal and dependent
rates of contributions for each member, which are necessary to produce
the contributions provided for in the Section. For the purpose of
administration the normal and dependent contribution rates may be
combined into one rate. The Chief of said Department or the Finance
Director shall apply such rates of contribution to the compensation,
before deduction except for absence from duty, of each member to
determine the amount to be contributed by each member, as a deduction
from such compensation on each payroll and shall furnish immediately
to the Retirement Board a copy of each and every such payroll; and
each of said amounts shall be deducted by the Finance Director and shall
be deposited in the Retirement Fund and shall be credited by the
Retirement Board, together with regular interest, to the individual
account of the member from whom the contribution was made. The
Retirement Board, however, may accept and certify cash payments by
any members, of amounts necessary to correct or adjust the contri-
bution account of such member, the amount so certified to be deposited
and credited in the same manner as if deducted on a payroll and the
Finance Director shall be notified of such payment. Every member shall
be deemed to consent and agree to the contribution made and.provided
for herein, and shall receipt in full for his salary or compensation,
and payment less such contribution shall be a full and complete
discharge and acquittance of all claims and demands whatsoever for
the services rendered by such member during the period covered by
16.
such payment, except his claim to the benefits to which he may be
entitled under the Retirement System.
(f) There shall be paid into the Retirement Fund each
year by contributions of the City, the amounts as necessary to fund
all pensions and other benefits allowable under the Retirement
System to members on account of current service. Such amounts
required on account of current service, shall be determined by
applying a percentage, to be changed only as recon~nended by the
Actuary in the light of periodical investigation and valuation
results, to members' earned salary. Said percentage shall be
the ratio of the liabilities under the System on account of current
service, which are not met by member's contributions, and less the
assets derived from the City's current service contributions, to the
present value at the date of determination of members' future compen-
sation. After the close of each month the Retirement Board shall
determine the aggregate amount of the members' earned compensation
during such month and shall determine the City's contribution by
applying said percentage, and shall certify the amount of contribution
to the Finance Director, who shall then transfer an equal amount to
the Retirement Fund from the budget appropriation or General Fund for
the then current fiscal year.
(g) There shall be paid into the Retirement Fund each
year by contributions of the City, the amounts necessary to pay
all pensions and all other benefits allowable under the Retirement
System to members on account of prior service; provided that such
prior service liabilities may be met by an annual appropriation,
instead of by one appropriation, for such prior liabilities payable
that year to a member on retirement, and provided further, that
such appropriation for any one fiscal year shall not be less than
the amount disbursed during that year on account of prior service.
Before the first of each fiscal year the Board shall certify to the
Finance Director, City Manager and City Council the amount due within
such year to the Retirement Fund under subsections (f) and (g)
17.
of this Section 5.38.110, and the Finance Director shall transfer an
equal amount to the Retirement Fund from the Budget or General Fund
during the said fiscal year.
(h) The administrative costs of the Retirement System shall
be met by contributions of the City, such contributions to be
charged against the appropriation for the System in the budget for
the then current fiscal year.
(i) Deduction for normal and dependent contributions shall
be based on the entire compensation of a member.
(j) As of the effective date of this Chapter, the sum of
Ten Thousand Dollars ($10,000.00), now in the existing Relief and
Pension Fund, and representing the amount placed in such fund by
members of the Bakersfield Firemen's Relief Association and the
accumulated interest thereon, shall be apportioned pro rata, according
to the years and months of membership in the Bakersfield Firemen"s
Relief Association, to the members of the Fire Department who were
members of the said 'Relief Association between the date of organi-
zation of said Firemen's Relief Association (December, 1921), to the
effective date of the present Relief and Pension Fund (January 23,
1931).
(k) The monies so apportioned shall be applied toward the
normal and dependent contributions of such members and shall reduce
such member's monthly contributions by such amount monthly as may
be arrived at by dividing the amount so due each such member by the
number of months of service required for such member to reach the
retirement age of fifty-five (55) years.
(1) The residue of the present Relief and Pension Fund,
representing monthly contributions of members and interest accumulated,
shall be apportioned pro rata to all members of the present Relief
and Pension Fund according to the years and months of service
between the effective date of the present Relief and Pension Fund
(January 23, 1931), and the effective date of this Chapter.
(m) The monies so apportioned in the next preceding subsection
18.
shall be applied toward the normal and dependent contributions of
such members amd shall be added to such members' monthly contributions
as provided in Section 5.38.110(a).
5.38.120 Service Retirements. Retirement of a member for
service shall be made by the Retirement Board as follows: (a) Each
member who shall attain the age of sixty-two (62) years and shall
have twenty (20) years of service, shall be retired on the first day
of the calendar month next succeeding that in which the said age
is attained.
(b) Any member may retire upon written application to the
Retirement Board, stating on what date he desires to be retired, if
said member shall have been credited, at the time so specified for
his retirement with twenty (20) years of service and shall have
attained the age of fifty-five (55) years.
5.38.130 Allowance on Service Retirement. A member, upon
retirement for service as provided in subsection (a) of this section,
shall receive a retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions, excluding his accumulated dependent
contributions unless he shall exercise his option as provided in
Section 5.38.110(d), at the time of his retirement, and
(b) A pension which, when added to the annuity purchased by
his accumulated normal contributions, shall equal the same percentage
of his final compensation for each year of current service credited
to him, as his normal contributions and the contributions of the
City are calculated to provide for him, upon retirement for service
at the minimum age provided in subsection (a) of this section, for
each year of such service; and
(c) An additional pension which shall be equal to the
same percentage of his final compensation for each year of prior
service credited to him, as the sum of his and the City's normal
contributions is calculated to provide for him, upon retirement for
19.
service at the minimum age provided in subsection (a) of this section;
for each year of service as a member of the System; and provided
that, if said member shall have been retired for disability after
the effective date of this Chapter, and
(d) A second additional pension in such an amount as shall
make his retirement allowance equal to the allowance he would have
received had he never retired for'disability.
(e) Upon the death of a retired member, two-thirds (2/3) of
the retirement allowance sbmll be continued to his widow throughout
her life or until she remarries provided, however, that she shall
have been married to him at least one (1) year prior to his retire-
ment and is of the same age as said member. If such widow is of
a different age than said member, then the retirement allowance
which shall be so continued to her shall be the actuarial equivalent
of the retirement allowance which would have been continued to her
had she been the same age as said member. If there be no such widow
or if any such widow shall die, then the allowance which would have
been paid to her had she been eligible therefor or had she continued
to live, shall be paid to the legally appointed guardian of the
child or children of such deceased member until such child or
children shall die or shall have attained the age of eighteen (18)
years. If payment of the allowance shall terminate by reason of
the remarriage of the widow or the attainment of the age of
eighteen (18) years by such child or children before the total of
the monthly payments made shall equal the sum of the member's
contributions, with interest thereon, as of the date of his retire-
ment, then an amount equal to the difference between said total and
said sum shall be paid in one amount to his remarried widow or, if
there be no such widow, to his child or children; provided, however,
that such amount shall not be paid to any widow who was not married
to such member at least one (1) year prior to his retirement.
5.38.140 Disability Retirement. Retirement of a member for
20.
disability shall be made by the Retirement Board upon medical
examination as follows:
Any member shall be examined by surgeons or physicians as
provided in Section 5.38.040, upon application of the Chief of the
Fire Department, or upon the application of said member or a person
acting in his behalf, stating that the member is physically or
mentally incapacitated for the performance of duty and ought to be
retired, or the Board upon its own motion may order such examination,
all provided he has rendered ten (10) or more years of service or such
disability is claimed to result from injury or illness incurred in
the performance of duty.
If such medical examination and other available evidence
shall show to the satisfaction of the Board that said member is
physically or mentally incapacitated for the performance of duty and
ought to be retired and, if he has not had ten (10) or more years
of service, that the disability is the result of injury or illness
incurred in the performance of duty, then the Retirement Board shall
retire the said member for disability forthwith.
5.38.150 Allowance on Disability Retirement. Upon retire-
ment for disability as provided in subsection (a) of this section,
a member,
(a) If! his disability shall be determined by the Retirement
Board to be the result of injury or illness incurred in the perform-
ance of duty, shall receive
(1) An annuity which shall be the actuarial equivalent
of his accumulated contributions, excluding his accumulated dependent
contributions, unless he shall exercise his option as provided in
Section 5.35.110(d) at the time of his retirement;
(2) A pension which, when added to the annuity purchased
by his accumulated normal contributions, shall be equal to a monthly
retirement allowance of one-half (1/2) of his final compensation.
(b) If his disability shall be determined by the Retirement
Board to be not the result of injury or illness incurred in the
performance of duty, shall receive
21.
(1) An annuity which shall be the actuarial equivalent of
his accumulated contributions, excluding his accumulated dependent
contributions, unless he shall exercise his option as provided in
Section 5.38.110(d) at the time of his retirement; and
(2) A pension which, when added to the annuity purchased
by his accumulated normal contributions, shall make his retirement
allowance equal to: one and one-quarter (1 1/4) per centum of his
final compensation multiplied by the number of years credited to
him, provided such allowance is at least one-fourth (1/4) of his
final compensation; or one and one-quarter (1 1/4) per centum of his
final compensation multiplied by the number of years of service
credited to him were his service to continue until his attainment
of the age of fifty-five (55) years, provided such retirement
allowance shall not exceed one-fourth (1/~) of such final compensation.
(c) Upon the death of a member who has been retired by reason
of disability as a result of injury of illness incurred in the per-
formance of duty, the retirement allowance shall be continued to
his widow to whom he was married at least one (1) year prior to
his retirement throughout her life or until she remarries. Upon
the death of a member who has been retired by reason of disability
which is not the result of injury or illness incurred in the perform-
ance of duty, two-thirds (2/3) of the retirement allowance~shall be
continued to his widow to whom he was married at least one (1)
year prior to his retirement and who is of the same age as said
member throughout her life or until she remarries. If such widow
is of a different age than said member, then the retirement allowance
which shall be so continued to her shall be the actuarial equivalent
of the retirement allowance which would have been continued to her.
had she been the same age as said member. If there be no such widow
or if any such widow shall die, then the allowance which would have
been paid to her had she survived such member and been eligible
therefor or had she continued to live, shall be paid to the legally
appointed guardian of the child or children of such deceased member
until such child or children shall die or shall have attained the
22.
the age of eighteen (18) years. If payment of the allowance shall
terminate by reason of the remarriage of the widow or the attainment
of the' age of eighteen (18) years by such child or children before
the total of the monthly payments made shall equal the sum of the
member's, contributions, with interest thereon, as of the date of
his retirement, then an amount equal to the difference between
said total and said sum shall be paid in one amount to his remarried
widow or, if there be no such widow, to his child or children;
provided, however, that such amount shall not be paid to any widow
who was not married to such member at least one (1) year prior to
his retirement.
5.38.160 Death Benefit. Upon the death of a member before
retirement, 'the Retirement System shall be liable for a death benefit
which, if an amount be due under either paragraph (3) or (4) next
following, and if there be a surviving wife or surviving children,
shall be paid in monthly installments to the surviving wife and
children as prescribed herein, otherwise, the amounts due under
paragraphs (1) and (2) shall be paid as prescribed therein, and
such death benefit shall consist of
(1) His accumulated contributions, to be paid in a lump
sum, to his widow, or, in the event there be no widow, to his child
or children or, in the event there be no widow or child or children,
to the beneficiary whom he nominates by written designation duly
executed and filed with the Retirement Board, and in addition
thereto,
(2) An amount equal to his compensation earnable during
the six months in~nediately preceding his death to be paid in a lump
sum to his widow or, in the event there be no widow to his child or
children or, in the event there be no widow or child or children
to his parent or parents whom the Ret'irement Board shall determine,
to have been dependent, in whole or in part, upon such member; and,
if the Retirement Board determines such death to be the result of
injury or illness incurred while in the performance of duty, in
addition thereto.
23.
(3) An amount sufficient, when added to the amount
provided in paragraph (1) of this section to provide an allowance
equal to one-half (1/2) of the member's final compensation, payable
as provided in. Section 5.38.050. If payment of the allowance be
terminated because of the marriage of the widow or attainment of the
age of eighteen (18) years by a child, before the total of the
monthly payments made shall equal the sum of the amounts provided
in the paragraphs (1) and (2) hereof, then an amount equal to the
difference between said total and said sum shall be paid in one
amount to the married widow, or if there be no such widow, to the
child or children of the deceased member. If the Retirement Board
determines that death be not the result of injury or illness incurred
in the performance of duty, and if said member be qualified for
retirement from service under Section 5.38.140 of this Chapter, then,
in addition to the amounts provided in said paragraphs (1) and (2)
(4) An amount sufficient, when added to the amount provided
in said paragraphs (1) and (2), when applied according to rates and
tables actuarially recoLm~ended and approved by the Retirement Board,
to provide an allowance to be paid to the widow to whom said member
was married at least one (1) year prior to his death to be equal in
amount to the allowance calculated as in Section 5.38.140 of this
Chapter, which would have been payable to her if the said member
had retired for disability at the time of his death and had died
instantly thereafter, and to continue throughout her life or until
her remarriage. If there be no such widow or if she die before all
surviving children of such deceased, member shall have attained the
age of eighteen (18) years, then to his child or children until
such child or children shall have attained the age of eighteen (18)
years. If payment of the allowance be terminated because of
marriage'of the widow or attainment of the age of eighteen (18)
years by such child or children before the total of the monthly
payments made shall equal the sum of the amounts provided in
24.
paragraphs (1) and (2) hereof, then an amount equal to the
difference between said total and said sum shall be paid in one
amount to the married widow, or if there be no such widow, to the
child or children of the deceased member.
(5) A member or a beneficiary after the death of a member
may, by written election duly executed and filed with the Retirement
Board, have the death benefit, provided to be paid in a lump sum
in this section, paid in monthly or annual installments subject to
such rules and regulations as the Board may adopt.
Should the service of a member be discontinued except by death
or retirement, he shall be paid such part of his accumulated contri-
butions as he shall demand; provided if in the opinion of the Retire-
ment Board, said member is permanently separated from the service,
by reason of such discontinuance, he shall be paid forthwith all his
accumulated contributions.
Any such member who again becomes a member of the System, shall
redeposit in the Retirement Fund within a period of six months an
amount equal to that which he withdrew. His rate of contribution
for future years shall be the same as his rate prior to the termination
of membership.
5.38.170 Benefits--Offset reductions for other compensation
received. That portion of any allowance or other benefit which is
provided by contributions of the City and is payable by the Retirement
System because of the death or retirement of a member, shall be reduced
by the amount of any benefits, other than medical benefits, payable
concurrently with said portion, to or on account of the member under
the Workmen's Compensation, Insurance and Safety Law of the State of
California, because of his death or the disability resulting in his
retirement. The beneficiary shall have no more'right to the pension
unpaid because of such reduction, than if the Retirement System had
never existed. When payment of the benefits under the Workmen's
Compensation, Insurance and Safety Law have been completed, the
retirement allowance shall be paid thereafter in full, as provided
by this charter.
25.
It is the purpose of this section to reduce the pension portion
of the retirement allowance p~yable from the Retirement Fund by the
amount of benefits due to the beneficiary concurrently with said
portion, under said Compensation Law, and the payment before due
date by the con~nutation through compromise or otherwise of such benefits
shall not prevent the reduction of said portion, as provided in this
section, in the amounts equivalent to the commuted amount, which
would have been payable concurrently with the retirement allowance
in the absence of such commutation. Benefits payable under said
Compensation Law for time prior to the date the allowance starts,
shall not be considered hereunder.
5.38.180 Effect of Workmen's Compensation Insurance and
Safety Law. The provisions of the foregoing sections shall in no
way alter, modify, change, or abrogate any of the terms, conditions
or provisions of that certain act of the legislature known and
referred to as the Workmen's Compensation, Insurance and Safety Act
or any amendments thereto.
5.38.190 Severability Clause. If any section, subsection,
clause, or phrase of this chapter is for any reason held to be
unconstitutional, such decision shall not affect the validity of
the remaining sections of this chapter.
5.38.200 Conflict Clause. Any provision or clause of the
Charter of the City of Bakersfield in conflict herewith is hereby
expressly repealed.
5.38.210 Further Definitions. Whenever in this Char~er
the masculine gender is used, it shall be deemed to include the
feminine gender.
5.38.220 Effect of Service in the Armed Forces. Time during
which a member is absent from service on leave of absence whether by
reason of having been ordered on duty with the armed forces of the
United States or otherwise, shall be considered as time spent in
City service. Any member so absent shall contribute to the system,
either during such absence or upon his return to the service, at times
and in a manner fixed by the Pension Board, amounts equal to the
26.
contributions which would have been made by him to the system on the
basis of his compensation allowable to the position held by him at
the commencement of his leave of absence.
SECTION 2.
This ordinance shall become operative only if Charter
Amendment No. on the November 5, 1968, ballot is enacted
by the City Council of the City of Bakersfield and adopted by the
people, in which case Section 1 of this ordinance shall become
operative on , 1968.
o0o
27.
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 10th day of September, 1968,
by the following vote:
AYE5: COUNCILMEN HEISEY: HOSKIN6, REES, RUCKER, $TIERN, ~zITER, ~W'HII'i'EMORE
NOES: COUNCILMEN: ~/,'~7,~f~ .~
ABSENT COUNCILMEN: ~'~"'v~ ,~-- ~
ABSTAINING COUNCILMEN: ~ ~ ~-
CITY CLERK and Ex-Officio Clerk of the
Council of the City of Bakersfield.
APPROVED this ~ day of September, 1968
MAYOR of-~>.the ..City of Bakersfield '~ '
APPROVED: "
STATE OF CALIFORNIA,~
SS.
County of Kern }
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ......... ..S..e.~..t..e.._m..b..e...r._..1...1. .............................................. 19...6...8.. she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............. .S_.e...p...t..e...m...b..e...r.....1...0. .................... , 19....6..8.., which ordinance
was numbered ............1..7...5...8. ................... New Series, and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD ADDING
CHAPTER 5,38 TO THE MUNICIPAL CODE OF THE CITY
OF BAKERSFIELD PROVIDING A RELIEF AND PENSION
FUND FOR MEMBERS OF THE FIRE DEPARTMENT OF THE
CITY OF BAKERSFIELD.
Subscribed and sworn to before me this
...~Lt...h..day o~ ......... ..S...e.~..t.~..e.r..~. ........... , ~L.6..S...
Notary Public in and for the County o~ Ker~, State o/ California
...... .,~;~, ................ ~i~.;:i~i.:. ...........................
,~Ji~,~.~-'~ W · · aL SEAL
A'~'-'~'~A ALTER W. SMITH
;.'.,:.,.,:.,,~,,, ,,...:~,. ,, ...... ~".~P.,.~: ~OU~
WALTER W. SMITH
My Commission Expires June 8, 1969