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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 2. 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 4. 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. 5. (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 6. 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) 8. 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 9. 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 14. 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 15. 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