HomeMy WebLinkAboutRES NO 4-37RESOLUmIO g'- s7
A RESOLUTION PROPOSING CERTAIN CHA~NGES
AND A!,~ENDI, IENTS TO THE CITY CHARTER OF
THE CITY OF BAI~RSPIELD BY THE LEGISLA-
TIVE BODY OF THE CITY OF BAKEi~.SFIELD.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAERSFIELD,
as follows:
That the legislative body of the City of Bakersfield
propose certain changes and amendments to the Charter of the City
of Bakersfield, as follows, to-wit:
PROPOSITION N0.1. .'
That the Charter of the City of Bakersfield be and it is
hereby amended by repealing Sections 2, 11, 12 and 13 of the Charter
Amendment to the Charter of the City of Bakersfield, which is known
as Proposition No. 1: "Relief and Pension Fund for Members of the
Fire Department of the City of Bakersfield", voted for and ratified
by the electorate of the City of'Bakersfield at a general State elec-
tion held therein on the 4th day of November, 1930, which said Charter
Amendment was thereafter approved by Senate Concurrent Resolution No.
16.
That in lieu of said Sections 2, 11, 12 and 13 of the Charter
Amendment to the Charter of the City of Bakersfield aforesaid known
as Proposition No. 1: "Relief and Pension Fund for Members of the
Fire Department of the City of Bakersfield" there are hereby sub-
stituted new sections to be kno~wn as Sections 2, 11, 12 and 13 of
said Charter Amendment to read as hereinafter set out.
That the Charter of the City of Bakersfield be and it is
hereby amended by amending Sections 5, 9 and 10 of the Charter Amend-
ment to the Charter of the City of Bakersfield, ~ich is known as
Proposition No. 1: "Relief and Pension Fund for Members of the Fire
Department 6f the City of Bakersfield" voted for and ratified as
aforesaid, so that said Sections 5, 9 and 10 shall thereafter read
as hereinafter set out.
SECTIO~ 2.
DEFINITIONS: The following words and phrases as used in this amendment,
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 I of the Charter Amendment of 19S1. "Relief and Pension Fund"
shall mean the "Disability and Retirement Fund."
(b) - "Employee" shall mean "Officer" or "Employee."
(c) - ~lember" shall include and mean any person included in the mem-
bership of the Retirement Systemas provided in Section 7 of the Charter
Amendment of 1931.
(d) - "City" shall mean the City. of Bakersfield, California.
or "Pension Board" shall mean the "Disability and
(e) -"Board",
Retirement Board."
(f) - "'System", or "Retirement System" shall mean the "Relief and
Pension Fund", as established in Section I of the Charter Amendment of
19S1.
(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 Amendment, 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 1SA of this Amendment 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 1,19S8.
(i) - "Beneficiary" shall mean any person in receipt of a retire-
ment allowance, a death benefit, or any other benefit from the Disa-
bility and Retirement System.
(m)
(j) - "Compensation", as distinguished from benefits under the
Workmens' Compensation Insurance and Safety Act of the State of Cali-
fornia, shall mean the gross remuneration prescribed by the Cityof
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 compensation
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 such
Department..
(1) - "Final Compensation" shall mean the average monthly compensation
earnable by a member during the ten (lO) years innnediately'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,
(BOth), and subject to the provisions of Section lO hereof as to interest
rate, plus such additional interest as the Disability and Retirement
Board may ~eclare from year to year in accordance with the provisions
of this Amendment.
(n) - "Normal Contributions" shall mean contributions at the rates
provided for the members in Section ll, sub-section (c) of this Amendment.
'(o)"' "Dependent Contributions~"shall mean contributionsat the rates
provided for in Section ll, sub-section (d) of this.Amendment.
(s)
Section 2 ( con ' t).
(p) - "Accumulated Nonn-al Contributions" 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.
(q) - "Accumulated Dependent Contributions" shall mean the sum o£ 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 con-
tributions, plus accumulated dependent contributions-.
(s) - "Pension" shall mean equal monthly payments for life, derived
from contributions made by the City, as provided in this Amendment.
(t) - "Annuity" shall mean equal monthly payments for life, derived
from contributions made by a member,as. provided~in this Amendment.
(u) - "Retirement Allowance" and "Death Allowance!' shall mean the
pension plus the 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) - "Treasurer" shall mean the City Treasurer of the City of
Bakersfield-
(y) - The term, 'Widow" aslused herein shall.not include either the
wife of 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 inter-
loeutory 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 Retirement Board is.hereby empowered
to hear and consider the application of any such wife, and determine in
Section 2 ( Con ' t ).
its judgment if such separation was ~ustifiable or excusable on the part
of such wife, and said Disability and Retirement Board may in its dis-
cretion~ allow or re~cet the:~pplication for pension as provided for herein-
The 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.
SECTION 5.
Whenever any member shall die either,.
(a)- As a result of any injury arising out of or sustained by him
while in the discharge of his duties as a member of the Fire Department
of the City of Bakersfield, or
(b) - From sickness caused by or resulting from the discharge of his
duties as a member of such Department; there shall be paid.an annual
pension of Twelve Hundred Dollars, ($1200.00) in equal monthly install-
ments on the regular paydays, to his survivor or survivors, as follows:
(1) - To the surviving widow of such member during her lifet~me or
until her remarriage. If such widow shall die or remarry, and there be
living a child or children under the age of eighteen (18) years and
unmarried, of such deceased member, such pension shall, after her death
or remarriage, be payable to sudh child or children under the age of
eighteen (18) years and unmarried, for its or their exclusive use and
benefit, subject to provisions for the payment of pensions to a child
or children in Section 8, sub-section (2) of this Amendment.
Section 5 ( Con' t).
(2) - If there be no surviving widow but a child or children under the
age of eighteen (18) years, such pension shall be paid to such child or
children for its or their sole benefit and use in equal shares; provided
that such. pension shall terminate as to each child upon the death of
such child, or when such child shall have reached the age of eighteen,
(18) years, or shall have beenlmarried before reaching the age of
eighteen (18) years, and the portion thereof theretofore payable to said
child shall be payable to the remaining child or children under the age
of eighteen (18) years, and shall continue to be paid in like manner to
each child until all of said children shall have either died or married
or have reached the age of eighteen (18) years.
(S) - If such deceased member shall leave neither widow or child nor
children under the age of eighteen (18) years surviving him, but may
have a dependent parent or parents, or a sister or a brother either
solely or in part dependent on him, then such Disability and Eetirement
Board shall, upon ascertaining the facts of such dependency,'and if said
dependency be partial, the extent thereof, and being satisfied of the
same, cause such pension herein mentioned to be paid to such dependent
parent or parents or dependent brother or dependent sister, while such
dependency shall continue; provided that in the event such parent or
parents or brother or sister are'only partially dependent, then in
that event, they shall only be paid the pension in the.proportion that
said Board shall fix as the extent of their dependency; and provided
further, that the said Disability and Retirement Board may from time to
time re-examine into the question of .the dependency of such parent or
parents or brother or sister and determine whether or not such person
or persons continue to be dependent. If such person or persons are
found at said time not to be dependent in whole or in part, said payment
shall either wholly or partially cease as said Board from time to time
may determine.
(5)
Section 8 (Con't).
(4) - No widow of any persoB who shall receive the benefits of this
pension fund who marries such person after the allowance of this pension
shall be entitled tothe pension herein provided after his death.
SECTIO~ 9.
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 dis-
charge any of the obligations incurred hereby or to be payable hereunder.
Said Board my 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) - i&ainister 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, investi-
gation, 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 testimony and
the production of papers, including books, accounts, and documents, as
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
(6)
Section 9 (Con't).
papers, and that the witness has been subpoenaed in the mam~er prescribed
by this Act, 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 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 Re-
tirement Board or the member thereof, and the witness was legally bound
to abide thereby, the Court shall thereupon'enter an order that said wit-
ness shall appear before:the Disability and Retirement Board, or the mem-
ber 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 toimpair 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 in-
competent 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 ACt, and the service thereof..
(7)
Section 9 (Con't).
(e) - Provide for the ~paymen~ from said Fund of all of its necessary
expenses; ppovided, however, that no compensation shall be p~id to any
member of said Board for any duty performed ~ under this Act.
(f) - Make such revisions, on advice of an actuarywho is to be con-
sulted at least once in each five (5) years period, in the r~_tes o£ con-
tributionunder 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.
(h) - Keep in convenient form such data as shall be necessary for the
actuarial valuation ofthe Retirement System. As of July S0, 1942, and
at least once. every five (8) 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 Amendment,
and further shall make an actU~rial 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 othe~ 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 showat any the:
(1) - The total accumulated contributions of members.
(2) - The ~otal accumulated contributions of retired members
less the annuity ~ayments made to such members.
(S) - The accumulated contributions.of theCity 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
(8)
SectiOn 9 (Con't).
the amounts available to meet the obligation of the City on account of
benefits that ha~e 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 l, in each year, advise the City Auditor, City Manager,
and City Council the mount necessary to be'included in the annual budget
as provided in sub-sections (f), (g), and (h), of Section ll of this Act.
SECTION 10.
Excepting such money as may be necessary for current needs, the Treasurer
· shall deposit all monies belonging to said Fund in the Savings Banks of
the City of Bakersfield, so that the same shall earn not less than the
accepted r~ e of interest per annum, or he shall invest the same in bonds
of the United States or the State of California or any of its political
subdivisions orin stock of any reliable company o~ corporation bearing
interest at not less than the accepted rate per annum. No portion of
said Fund shall ever be transferred to any other Fund or be used for any
other purpose than that specified in the sections of this Amendment.
SECTION 11.
CONTRIBUTIONS: The rates of contribution of each member shall be as
follows:
(a) - For the first year after the effective date of this Amendment
there shall be contributed three (S) 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 (8) per cent of his salary per month.
(b) - Commencing with the fourth year after the effective date of this
Amendment, the normal and dependent rates of contribution of each member,
as actuarily recommended and approved by the Retirement Board, shall be
based on his age at July l, 19S7, or at his later entrance into the Re-
Section llI ( ConT t).
tirement System, 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 l, 198V, shall be de-
termined by deducting' the total service in the Department credited to
the member at July l, 1987 from his age at that date. The age at entrance
after July l, l~3V into said Department, shall be the same as the age of
entrance into the Retirement System. The rates so adopted shall remain
in full force and effect m~til revised as provided in Section ~ hereof.
(c) -.The normal contribution which shall be required as a deduction
from the compensation of each member throughout his membership shall be
such as, on the average for such member, if his service ~n full salary
be uninterrupted and when accumulated with interest added to the equal
accumulated contributions of the City and applied according to the
actuarialy recommended rates and tables and approved by the Retirement
Board, will provide a retirement allowance on retirement for service at
the age of fifty-five (88) years equal to one half of his final compen-
sation, less that part of the retiremSnt allowance set forth in sub-
section.'(c), Section 12-B of this Amendment, 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 memberTs final compensation
to be provided, on the average, for him for a retirement allo~vance, 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 uninterupted until he reaches
the minimum age at which he is permitted to retire for service.
(d) - The dependent contributions which shall be required in the same
manner as normal~ contributions of each male member throughout his member-
ship in addition to the normal contributions, shall be such as would be
necessary to provide upon the date of his service retirement of fifty-
five (88) years of age, or upon the completion of twenty (20) years ~ser-
Section 11 ( Con' t).
vice at an age higher that 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 surviving wife whose age at such date is the same as the age of
said member, of two-thirds (2/3) of the annuity provided by .his accumulated
normal contributions upon said retirement at fifty-five (55) years of age
or.at said higher ages. If at the date of retirment for service or re-
tirement for disability resulting from injuries received in performance
of duty, said member has no wife who qualifies for the continuance of an
allowance to her after the death of said member, or upon retirement for
disability resulting from other causes regardless of his marital condition,
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 contributions-
· (e) - The Retirement Board shall certify to the Chief of the Fire De-
partment and to the City Auditor the normal and dependent rates of con-
tributions for each member, which are necessary to produce the contri-
butions provided for in this 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 City'Auditor shall apply such rate of
contribution to the compensation, before deduction except for absence
from duty, of the 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
City Auditor and shall be deposited in the Retirement Fund-and shall be
credit~.d by the Retirement Board, together with regular interest, to the
individual account of the member for whom the contribution was made. The
Retirement Board, however, may accept and certify cash.payments by any
(n)
SectiOn 11 (Con'ti.
members, of amounts necessary to correct or adjust the contribution account
of such member, the amount so certified to be deposited and credited in the'
ss~me manner as if deducted on a payroll and the City Auditor shall be noti-
fied 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 such payment, except his claim to the benefits to which
he may be entitled under the Retirement System.
(f) - After the close of each month the Retirement Board· shall determine
the aggregate amount of the members. contributions under sub-section (a) of
this Section or, as provided in sub-section (b) of this Section, the ag-
gregate amount of the normal and dependent contributions deducted during
such month from the members' compensation land shall certify such aggregate
amount to the City Auditor 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 contri-
butions 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 appropr'iation, irastead od by one appropriation, for such
prior'liabilities payable that year to a member on retirement, and pro-
vided 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 I shall certify
to the City Auditor, City Manager, and City Comncil the amount due within
such year to the Retirement Fund under Section ll, Section ~, and
Section 5 hereof and the City Auditor shall transfer an...?qual amount
to .t~h~ Retirement Fund from the Budget or General Fund during the said
Section 11 (Con't).
(h) - The administrative c~ts 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) - No deduction for normalor' dependent contributions shall be made
on compensation exceeding $200.00 per month nor shall final compensation
be interpreted to ever exceed $200.00 per month, except as provided in
last sentence ofl sub-section (c) and last sentence of sub-section (d)
of Section ll hereof.
(j) - As of the effective date of this Amendment, 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
Firemens' Relief Association and the accumulated interest thereon, shall
be apportioned pro rata, according to the years and months of membership
in the Bakersfield Firemens' Relief Association, to the members of the
Fire Department who were members of said Relief Association between the
date of. organization of said Firemens' Relief Association,(December,1921),
to the effective date of the present Relief and Pension Fund,(January
28, 1981.)
(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 mount 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 betv;een the effective
date of the present Relief and Pension Fund, (January 28, 19S1), and the
effective date of this Amendment thereto.
Section ll (Con't).
(m) - The monies so apportioned in the next preceding sub-section shall
be shall be applied toward the ~rmal and dependent contributions of such
members and shall be added to such members' monthly contributions as pro-
vided in sub-section (a), Section ll.
SECTION
A - SERVICE RETIRE~GMTS: 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 (85) years.
B- ALLOWA~tCE 0~ SERVICE RETIRR~j~T: A member, upon retirement for ser-
vice as providedin the next preceding sub-section ("~-A)of this Section
12, shall receive a retirement allowance which shall consist of;
(a) - An annuity which shall be the actuariai equivalent of his
accumulated contributions, excluding his accumulated dependent sontribution~
except as he may elect under the second paragraph in Section ll, sub-
section (d) thereof, at the time of his retirement; and
(b) - A pension purchased by contributions of the City, equal to that
portion of the annuity purchased by the accumulated normal contributions
ofthe member, based on the norma~ rates providedfor·in sub-sections (a)
and (b) of Section ll; and ~
(c) - An additional pension, purchased or.paid ~.~ by the contri butions
of the City, which shall be equal to the same percentage of his final
( 14 )
Section 12 ( Con' t).
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 service at the minimum age at which he is per-
mitted to retire under sub-section (A) of this Section, for each year
of service as a member of the System, and if said member shall have been
retired for disability after the effective date of this Amendment; 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, ass~ng normal and dependent contributions
based on hisI compensation e arnable during the period of disability re-
tirement.
(e) - Upon the death of a retired member, two-thirds (2/3) of the re-
tirement allowance shall be continued throughout life, or until re-
marriage, to his surviving wife, to whom he was married at least one
year prior to his retirement, providing said wife is of the s s me ~ge
as said member. If the said surviving wife is of greater or less age
thans aid member, then such portion of the retirement allowance shall
be continued to her throughout her life or until her remarriage, as the
amount which would have been necessary at retirement to provide for the
continuance after said member's death of two-thirds (2/3) of the entire
allowance to a surviving wife of the same age as the said member, will
provide when app]Lied at the time of.retirement, according to actuarial
rates and tables and approved by the Retirement Board, to purchase a
retirement allowance to begin at the death of the retired mennherand
continue throughout the life of the surviving wife. If there be no
surviving wife, or if she die before all surviving children of such
deceased member shall have attained 'the age of eighteen (18) years,
then the allowance which would have been paid to her had she lived,
shall be paid to his child or children under said age collectively, to
continue until every such child dies or attains the age of eighteen (18)
years, provided that no child shall receive any allowance after attaining
Section 1S (Con't).
B - ALLOWANCE ON DISABILITY RETIRE~RT: Upon retirement for disability
as provided for in Section 13, sub-section ~A), a member
(a) - if his disability, in the opinion of the Retirement Board, is
the result of injury or illness incurred in the performance of duty,
shall receive
(1) - An annuity which, excluding his accumulated dependent contributions,
shall be the actuarial equivalent of his accumulated contributions, except
as he may elect under subpsection (d), Section ll, hereof, at the time of
his retirement; and
(2) - A pension purchased by the contributions of the City which, to-
gether with the annuity provided by his accumulated normal contributions,
shall provide him a total disability retirement allowance monthly as pro-
vided in Section ~ hereof.
(b) - If his disability, in the opinion of the Retirement Board, is not
the result of injury or illness incurred in the performance of duty, he
shall rec&ive
(1) - An annuity which shall be the actuarial equivalent of his
accumulated contributions, excluding his accumulated dependent contri-
butions, except as he may elect under the second paragraph in sub-section
(d) of Section ll hereof, at the time of his retirement; and
(2) - A pension purchased by the contributions of the City which, to-
gether with the annuity provided by~his accumulated normal contributions,
shall make the retirement allowance equal to either one and one-quarter
(1¼) per centum of his final compensation multiplied by the number of
years of service credited to him; otherv;ise one and one-quarter (1¼~ per
centurn of his final compensation multiplied by the number of years of
service'credited to him were his service to continue until attainment
by him of the age of fifty-five (55) years, but provided that such re-
tirement allowance shall not exceed one fourth (¼) of such final com-
pensation.
(17)
Section IS (Con't).
C - DEATH BEh]~FIT: Upon.the deathly. of a member before retirement, the
Retirement System shall be liable for a death benefit which, if an amount
be ~due under either paragrpah (S) or' (4) next following, and if there be
a surviving wife or surviving children, shall be paid in monthly install-
ments and to the surviving wife and children as prescribed .herein, other-
wise the mounts due under paragraphs (1) and (2) shall be p~id as pre-
scribed therein, and such death benefit shall consist of
(1)- His accumulated contributions, to be paid to such person having an
insurable interest in his life as he shall nominate 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
immediately preceding his death to be paid only to his surviving wife, his
child or children, or dependent father or mother; and, if.in the opinion
of the Retirement Board such death be the result of injury or illness incurred
while in the performance of duty, in addition .thereto,
(S)' An amount sufficient, when added to the amount provided in paragraph
(1) of this Section to .provide a monthly death benefit as provided in
SeCtion 8. If payment of the allowance be stopped because of marriage of
the widow or attainment of the age of eighteen (18) years by a child, be-
fore the sum of the mont~lt payments made shall equal the sum of the a-
mounts provided in the next preceding paragraphs (1) and (P.), then an
amount equal to the difference between said sums shall be paid in one
amount to the married widow, or if there be no widow, to the surviving
children of the deceased member, share and share alike. If in the opinion
of the Retirement Board, death be not the result of injury or illness in-
curred in the performance of duty, and if said member be qualified at the
date of death for retirement for service under sub-section .(~A) of Section
1S of this Amendment, then, in addition to the amounts provided in said
paragraphs(l) and (2)
(4)- An amount sufficient, when added to the amounts provided in said
(is)
Section 13 ( Con ' t ).
paragraphs (1) and (2),'but excluding his accumulated contributions, when
applied according to rates and tables actuarily recommended and approved
by the :Retirement Board, to pikevide an allowance to be p.~aid to the sur-
viving wife to.whom said member was married at least one (1) year prior
to his death, ~o'be equal in amount to the allowance which would have been
payable to her if the said.member had retired for Service at the time of
his death and had died instantly thereafter., and to continue throughout
her life or until her remarriage, or if there be no surviving wife, or
if she diebefore all surviving children of' such deceased member shall
have attained the age of eighteen (18) years, then to his child or children
under said age collectively, to continue until every suc~ child dies or
attains the age of eighteen (18) years ,.~.', provided that no child shall
receive any allowance after attaining the age of eighteen '(18) years. If
payment of the allowance be stopped because of marriage of the widow or
attainment of the age of eighteen (18) years by his surviving children
before the sum of the monthly payments made shall equal the sum of the
amounts provided in the next preceding paragraphs (1) and (2), then am
amount equal to the difference between Said sums shall be paid in one
amount to the married widow, or if there be no widow, to the surviving
children of the deceased member, share and share alike.
(5)- A member,. or a beneficiary after the death of a member, may elect,
by written designation duly executed and filed with the Retirement Board,
to have the death benefit, provided in a lump sum in this Section, paid
in monthly or annual installments, instead of in one lump sum, subject to
such rules and regulations as the said Board may adopt.
(19)
Section 1S (Con't).
(6)- If, upon the death of a member after retirement, he shall have
received in 'annuity payments less than the mount of his accumulated
contributions as it was at his retirement, the balance of such accumulated
contributions, except as provided for in Section 12, sub-section (B),
part (e), shall be paid to his estate or to such person having an in-
surable interest in his life as he may nominate by written designation
duly executed and filed with the Retirement Board.
D- WITHDltAWALS: Should the service of a member de discontinued except
by death or retirement, he shall be paid such part of his accumulated
contributions as he shall demand; provided if in the opinion of the
Retirement Board, said member is permanently separated from the service,
by reason of such discontinuance, he shall be paid forthwith all his
accumulated 'contributions.
My such member who again becomes a member of .the System, shall
redeposit in the Retirement Fund within a period of six months am
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 his membership.
(so).
And that a special electibn be called by the Council
of the City of Bakersfield, all as provided by Section 8 of Article
XI of the Constitution of the State of California, to be held for
the purpose of submitting said proposed changes and amendments to the
qualified voters of the City of Bakersfield for their ratification
or rejection, and that said election be consolidated with the
Nominating Election of the City of Bakersfield to be held on the 25rd
day of March, 193V.
.......... o0o
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at
a regular meetng thereof held on the/~/~ day of~~~--~7 ,
195V, by the following vote:
City~~lerk of
Council of the City of Bakersfield.
APPROVED b~ me this, day of~, 1957
NAY0~ikersfiel~. '
the