SAGINAW (MI) FIREFIGHTERS

-LOCAL 102

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Saginaw (MI.) Fire and Police Retirement System

If you have any questions, contact Saginaw Firefighter's Local 102 Pension Representative

Section

     16.01     Retirement system established; name

     16.02     Definitions

     16.03     Retirement system continued

     16.04     Board of Trustees

     16.05     Records; annual report

     16.06     Experience tables; regular interest; adoption of

     16.07     Membership of retirement system

     16.08     Credited service

     16.09     Voluntary retirement

     16.10     Normal retirement

     16.11     Deferred retirement

     16.12     Retirement pension

     16.13     Certain retirement pension adjustments

     16.14     Pension options

     16.15     Non-duty disability retirement

     16.16     Non-duty disability pension

     16.17     Duty disability retirement

     16.18     Duty disability pension

     16.19     Non-duty death

     16.20     Death occurring in the line of duty

     16.21     Re-examination of disability retirants

     16.22     Workers' compensation offset

     16.23     Refund of accumulated contributions

     16.24     Members deposit fund

     16.25     Pension reserve fund

     16.26     Expense fund

     16.27     Management of funds

     16.28     Income fund

     16.29     Method of making payments

     16.30     Assignments prohibited

     16.31     Errors

     16.32     Protection against fraud

     16.33     One-time increase in annual pension benefit for certain retirants and beneficiaries

§ 16.01  RETIREMENT SYSTEM ESTABLISHED; NAME.

     (A)     The City of Saginaw Police Officers and Firefighters Retirement System is hereby established under this chapter.

     (B)     All business of the retirement system shall be transacted in the name of the City of Saginaw Police Officers and Firefighter Retirement System.

(`38 Admin. Code, Ch. 5, § 101)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.02  DEFINITIONS.

     (A)     Interpretation.  The masculine gender shall include the feminine gender and words of the singular number with respect to persons shall include the plural number, and vice versa.

     (B)     Definitions.  The following words and phrases used in this chapter, unless a different meaning is clearly indicated by the context, shall have the following meanings:

          ACCUMULATED CONTRIBUTIONS.  The sum of all amounts deducted from the compensation of

a member and credited to his or her individual account in the member's deposit fund, together with regular interest thereon.

          BENEFICIARY.  Any person except a retiree who is in receipt of or who has entitlement to a pension or other benefit payable or to be paid by the retirement system.

          BOARD OF TRUSTEES or BOARD.  The Board of Trustees provided for in this chapter.

          CITY.  The City of Saginaw.

          COMPENSATION.  The salary paid a member by the City for services rendered by him or her as a police officer or firefighter.

          COUNCIL.  The Council of the City of Saginaw.

          CREDITED SERVICE.  The service credited to a member by the Board of Trustees to the extent provided in this chapter.

          FINAL AVERAGE SALARY.

          (1)     The average of the annual compensations paid a member during any three (3) years he or she may select within the period of ten (10) consecutive years of his or her credited service immediately preceding the date of termination of his or her last employment with the City as a police officer or firefighter; provided, however, that effective (July 1, 1979, in the case of a firefighter member) (January 1, 1982, in the case of a member who is a police sergeant, police lieutenant, police captain, or police chief); or (July 1, 1982, in the case of a member who is a police patrol officer) there shall be included in the computation of final average salary the value of accumulated vacation only and not the value of accumulated sick leave; and further provided that effective January 1, 1985, through March 31, 1985, in the case of a member who is a police sergeant, police lieutenant, or police captain there shall be included in the computation of final average salary the value of accumulated sick leave up to ninety (90) days and accumulated vacation.  In the case of a Police Chief who is employed on January 1, 1996 and retires on January 2, 1996, there shall be included in the computation of final average salary, the value of accumulated sick leave up to sixty (60) days and accumulated vacation.  In the case of a Deputy Police Chief who is employed September 14, 1997 and retires  September 15, 1997, there shall be included in the computation of final average salary, the value of  one-half (½) of the accumulated sick leave up to ninety (90) days and accumulated vacation.  If he or she has less than three (3) years of credited service, his or her final average salary shall be the average of his or her annual rates of compensation for his or her total period of credited service.  If a member is forced to retire because of an injury arising out of the performance of his or her duties, and if he or she has received less than his or her full salary at any time during his or her final three (3) years of employment due to said injury, his or her full annual compensation rate shall be used in computing his or her final average salary if this is to his or her advantage.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

          (2)     If a firefighter member retires on or after July 1, 1983, or a police sergeant, lieutenant, or police captain member retires on or after September 19, 1984, or a police patrol officer member retires on or after July 1, 1990, and if he or she has received less than his or her full salary at any time during the three (3) years chosen for computation of his or her final average salary due to an on-the-job injury, his or her full annual compensation rate shall be used in computing his or her final average salary if this is to his or her advantage.

          FINAL COMPENSATION.  A member's annual rate of compensation at the time his or her employment with the City as a police officer or firefighter last terminates.

          FIREFIGHTER.

          (1)     Any employee in the Fire Department of the City who holds the rank of firefighter or higher rank.

          (2)     The term FIREFIGHTER shall not include:

               (a)     Any person who is privately employed as a firefighter;

               (b)     Any person who is temporarily employed as a firefighter for an emergency;

               (c)     Any civilian employee in the Fire Department, provided however that on or after July 1, 1988, civilians in the position of Fire Mechanic and Fire Apparatus Supervision shall be included in the term FIREFIGHTER;

               (d)     Any member of the fire auxiliary corps or its equivalent.

          MEMBER.  Any person who is included in the membership of the retirement system.

          NEW MEMBER.  Any member who first entered or enters the employ of the City as a police officer or firefighter after June 30, 1947.

          ORIGINAL MEMBER.  Any member who first entered the employ of the City as a police officer or firefighter prior to July 1, 1947.

          PENSION.  An annual amount payable by the retirement system throughout the future natural life of a person or for a temporary period as provided in this chapter.  All pensions shall be payable in equal installments as the Board of Trustees shall from time to time determine.

          PENSION RESERVE.  The present value of all payments to be made on account of any pension.  Such pension reserve shall be computed upon the basis of such mortality and other tables of experience and regular interest as the Board of Trustees shall from time to time adopt.

          POLICE OFFICER.

          (1)     Any employee of the Police Department of the City who holds the rank of patrol officer or higher rank.

          (2)     The term POLICE OFFICER shall not include:

               (a)     Any person who is privately employed as a police officer; nor

               (b)     Any person who is temporarily employed as a police officer or firefighter for an emergency;

               (c)     Any civilian employee in the Police Department;

               (d)     Any member of the police auxiliary corps or its equivalent.

          REGULAR INTEREST.  Such rate or rates of interest per annum, compounded annually as the Board of Trustees shall from time to time adopt.

          RETIREMENT.  Any member who retires with a pension payable by the retirement system.

          RETIREMENT SYSTEM or SYSTEM.  The City of Saginaw Police Officers and Firefighters Retirement System, established in this chapter.

          SERVICE.  Service rendered to the City as a police officer or firefighter.

          SPOUSE.  The person to whom the retiree was legally married on both the effective date of his or her retirement and the date of his or her death.

          VOLUNTARY RETIREMENT AGE.

          (1)     Age fifty-two (52) years for firefighters and age fifty-two (52) years for police officers; provided, that in the case of an original member, voluntary retirement age means age fifty-two (52) years for firefighters and age fifty-two (52) years for police officers or the age at which he or she acquires twenty-five (25) years of credited service, whichever occurs first.

               (a)     The above-stated VOLUNTARY RETIREMENT AGE notwithstanding, from July 1, 1985, through June 30, 1990, firefighter members may elect “voluntary retirement” at age fifty (50) years and receive a pension calculated in all respects as if they had retired at age fifty-two (52) years.  “In all respects” does not include anticipated salary increases after date of retirement to age fifty-two (52).  Provided, however, that from July 1, 1990, onward VOLUNTARY RETIREMENT AGE for firefighters shall again become age fifty-two (52) years as hereinbefore defined.

               (b)     This stated VOLUNTARY RETIREMENT AGE notwithstanding, from July 1, 1988, a firefighter member may elect voluntary retirement at age fifty (50) and the acquirement of twenty (20) years of credited service.

               (c)     The above-stated VOLUNTARY RETIREMENT AGE notwithstanding, from July 1, 1985, a member who is a police patrol officer may elect “voluntary retirement” at the age at which he or she acquires twenty (20) years of credited service.

               (d)     The above-stated VOLUNTARY RETIREMENT AGE notwithstanding, from December 12, 1984, a member who is a police sergeant, police lieutenant, or police captain on

December 12, 1984, but not a member who becomes a member of the police command officers bargaining group after December 12, 1984, may elect “voluntary retirement” at the age at which her or she acquires twenty (20) years of credited service.

(`38 Admin. Code, Ch. 5, § 102)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.03  RETIREMENT SYSTEM CONTINUED.

     (A)     The City of Saginaw Police Officer and Firefighter Retirement System, established by Chapter XVI of the Charter of the City, as amended, and since maintained and now existing pursuant to said chapter is hereby, in this chapter, designated and continued as the City of Saginaw Police Officer and Firefighter Retirement System including, except as otherwise expressly provided in this chapter, the continuing of the existing membership, service credits, funds, powers, and obligations.

     (B)     The Board of Trustees established by the aforesaid Chapter XVI, as amended, and now existing pursuant thereto is hereby designated and continued as the Board of Trustees authorized and empowered to administer the retirement system established by this chapter.

     (C)     All assets of every description belonging to the City of Saginaw Police Officer and Firefighter Retirement System established by the aforesaid Chapter XVI, as amended, shall be transferred to and become the assets of the City of Saginaw Police Officer and Firefighter Retirement System established under this chapter.  When transferred, the Board of Trustees shall credit said assets to the various funds and accounts provided for in this chapter, according to the purpose for which such assets were held and credited in the retirement system created under the aforesaid Chapter XVI, as amended.

     (D)     All service credits allowed members prior to February 1, 1965, under the aforesaid Chapter XVI, as amended, to the extent such service credits are in force January 31, 1965, shall continue to the credit of the said members, except as otherwise provided in this chapter.

     (E)     Each retiree and beneficiary in receipt of a pension January 31, 1965, under the aforesaid Chapter XVI, as amended, shall continue to receive the same pension under the terms provided in the aforesaid Chapter XVI, as the said chapter was in force January 31, 1965.  The payment of such pensions shall become obligations of the City of Saginaw Police Officer and Firefighter Retirement System established by this chapter.

(`38 Admin. Code, Ch. 5, § 103)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.04  BOARD OF TRUSTEES.

     (A)     Generally.

          (1)     The Board of Trustees of the retirement system shall have the responsibility for the general administration and management of the system, and for making effective and construing the provisions of this chapter.

          (2)     The Board shall consist of five (5) trustees, as follows:

               (a)     The Mayor, by virtue of his or her office or, in absence of the Mayor, the Mayor Pro Tem, by virtue of his or her office;

               (b)     The City Manager, by virtue of his or her office;

               (c)     A police officer member to be elected by the police officer members;

               (d)     A firefighter member to be elected by the firefighter members;

               (e)     A duly registered, tax-paying elector of the City who holds no other City position, to be selected by a majority vote of the other trustees.

          (3)     The elections of the police officer and firefighter trustees shall be held under such rules and regulations as the Board of Trustees shall from time to time adopt.

(`38 Admin. Code, Ch. 5, § 104)  (Am. Ord. D-1763, passed 3-4-96, effective 3-5-96)

     (B)     Trustees' terms of office; oath of office; compensation.

          (1)     The terms of office of the trustees provided for in divisions (A)(2)(c), (d), and (e) shall be three (3) years; one (1) such term to expire June 30 of each year.  A trustee shall continue to hold the office of trustee until his or her successor has qualified.

          (2)     Each trustee shall, within ten (10) days from and after his or her election or appointment, take an oath of office to be administered by the City Clerk.

          (3)     The trustees shall serve without compensation for their services as trustees.

(`38 Admin. Code, Ch. 5, § 105)

     (C)     Vacancy on Board; how filled.  If a trustee leaves the employ of the City, or if a trustee provided for in divisions (A)(2)(c), (d), or (e) fails to attend three (3) consecutive scheduled meetings of the Board of Trustees, unless in each case excused for cause by the remaining trustees attending such meetings, he or she shall be considered to have resigned from the Board and the Board shall, by motion, declare his or her office of trustee vacated as of the date of adoption of such motion.  If a vacancy occurs it shall be filled, within sixty (60) days from and after the date of the vacancy, for the unexpired portion of the term, in the same manner as the office was previously filled.  (`38 Admin. Code, Ch. 5, § 106)

     (D)     Trustee vote; Board quorum.  Each trustee shall be entitled to one (1) vote on each question before the Board of Trustees.  Three (3) trustees shall constitute a quorum and at least three (3) concurring votes shall be necessary for a decision by the Board.  (`38 Admin. Code, Ch. 5, § 107)

     (E)     Alternate trustees.

          (1)     The police officer members and firefighter members may elect an alternate trustee at their respective elections to determine the police officer member and firefighter member on the Board of Trustees.  The election for an alternate trustee shall be held under the same rules and regulations applicable to elections for the respective police officer member and firefighter member on the Board of Trustees.

          (2)     The term of office for each alternate trustee shall be for the same duration as that of his or her respective police officer member or firefighter member on the Board of Trustees.  An alternate trustee shall, within ten (10) days from and after his or her election, take an oath of office to be administered by the City Clerk.  An alternate trustee shall serve without compensation for his or her services as an alternate trustee.

          (3)     An alternate trustee shall be subject to the provisions of division (C) above, except that said alternate trustee shall not be required to attend scheduled meetings of the Board of Trustees unless previously notified to do so by his or her respective police officer member or firefighter member on the Board of Trustees.

          (4)     Only in the event of an absence of his or her respective police officer member or firefighter member on the Board of Trustees shall each alternate trustee be entitled to one (1) vote on each question before the Board of Trustees and be counted for purposes of constituting a quorum for said Board.

          (5)     An alternate trustee shall not be entitled to serve as a retirement system officer.

(`38 Admin. Code, Ch. 5, § 107-1)  (Ord. D-1362, passed 1-5-81, effective 1-15-81)

     (F)     Meetings of the Board.  The Board of Trustees shall hold meetings regularly, at least quarterly, and shall designate the time and place thereof. The Board shall adopt its own rules of procedure and shall keep a record of its proceedings.  All meetings of the Board shall be public.  Any member in presenting his or her application for any benefit under this chapter may be represented by counsel of his or her choice; provided, that the retirement system shall not be liable for the costs, if any, for the services of such counsel.  (`38 Admin. Code, Ch. 5, § 108)

     (G)     Retirement system officers.

          (1)     The Board of Trustees shall select from its own number a Chairperson and a Chairperson pro tem.

          (2)     The City Manager shall designate a City officer to serve as Secretary to the Board and as Administrative Officer of the retirement system.

          (3)     The Director of Finance shall be Treasurer of the retirement system and the custodian of its funds.  The functions of the Secretary and the Treasurer may be consolidated under one (1) City officer in the discretion of the City Manager.

          (4)     The City Attorney shall be the legal advisor to the Board.

          (5)     The Board shall appoint an Actuary who shall be its technical advisor on matters regarding the operation of the retirement system, and who shall perform such other duties as are required of him or her under this chapter.

          (6)     The Board shall appoint as Medical Director a physician who is not eligible to participate in the retirement system as a member, retiree, or beneficiary.  The Medical Director shall be directly responsible to and shall hold office at the pleasure of the Board.  He or she shall arrange for and pass upon all medical examinations required under this chapter; he or she shall investigate all essential statements and certificates of a medical nature made by or on behalf of a member, retiree, or beneficiary in connection with an application for benefits provided by the system; and he or she shall report in writing to the Board his or her conclusions on medical matters referred to him or her by the Board.

(`38 Admin. Code, Ch. 5, § 109)

(Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.05  RECORDS; ANNUAL REPORT.

     The Secretary shall keep, or cause to be kept, such data as shall be necessary for an actuarial valuation of the assets and liabilities of the retirement system.  The Board of Trustees shall annually render a report to the Council showing the fiscal transactions of the system for the year ended the preceding June 30, and a balance sheet showing the financial condition of the system by means of an actuarial valuation of its assets and liabilities.

(`38 Admin. Code, Ch. 5, § 110)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.06  EXPERIENCE TABLES; REGULAR INTEREST; ADOPTION OF.

     The Board of Trustees shall from time to time adopt such mortality and other tables of experience, and a rate or rates of regular interest, as are required

in the operation of the retirement system on an actuarial basis.

(`38 Admin. Code, Ch. 5, § 111)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.07  MEMBERSHIP OF RETIREMENT SYSTEM.

     (A)     Membership of retirement system.

          (1)     The membership of the retirement system shall consist of all police officers and firefighters who are in the employ of the City, and all persons who become police officers or firefighters in the employ of the City.

          (2)     In any case of doubt, the Board of Trustees shall decide who is a member of the retirement system within the meaning of the provisions of this chapter.

(`38 Admin. Code, Ch. 5, § 112)

(B)     Termination of membership.

          (1)     Except as otherwise provided in this chapter, should any member cease to be a police officer or firefighter in the employ of the City, for any reason except his or her retirement, he or she shall  thereupon cease to be a member and his or her credited service at that time shall be forfeited.  If he or she is re-employed by the City as a police officer or firefighter, he or she shall again become a member.  Should his or her said re-employment occur within a period of five (5) years from and after the date his or her employment with the City as a police officer or firefighter last terminated his or her credited service last forfeited by him or her shall be restored to his or her credit; provided, that he or she returns to the member's deposit fund the amount, if any, he or she withdrew therefrom, together with regular interest from the date of withdrawal to the date of repayment.  Upon a member's retirement or death he or she shall thereupon cease to be a member.

          (2)     Notwithstanding the foregoing, a police officer member who is a patrol officer in the employ of the City and who is laid off on or after July 1, 1985, shall have restored to his or her credit his or her credited service last forfeited by him or her upon his or her recall to employment as a patrol officer by the City provided that he or she returns to the member's deposit fund the amount, if any, he or she withdrew therefrom, together with regular interest from the date of withdrawal to the date of repayment.

(`38 Admin. Code, Ch. 5, § 113)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1508, passed 2-17-86, effective 2-27-86; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.08  CREDITED SERVICE.

     (A)     Generally. 

          (1)     The Board of Trustees shall fix and determine by appropriate rules and regulations the amount of service to be credited each member; provided, that in no case shall less than ten (10) days of service rendered by him or her in any calendar month be credited as a month of service; nor shall less than ten (10) months of service rendered by him or her in any calendar year be credited as a year of service; nor shall more than one (1) year of service be credited any member for all service rendered by him or her in any calendar year.

          (2)     A member who is a Police Chief on January 1, 1996 and retires on January 2, 1996, shall be credited with five (5) years of service upon payment to the pension system an amount equal to five percent (5%) of the members full-time or equated full-time annual compensation (last full four (4) quarters gross compensation) multiplied by the five (5) years of service time.

          (3)     Effective July 1, 1996, any police officer who was a member on or after this date shall be allowed to purchase prior law enforcement service time up to five (5) years with such member paying the total cost.

(`38 Admin. Code, Ch. 5, § 114)  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

     (B)     Federal service credit.

          (1)     In the event a police officer or firefighter, who while employed by the City, entered or enters any armed service of the United States Government during any period of compulsory military service, he or she shall have such armed service actually required of him or her credited him or her as City service; provided, that: 

               (a)     He or she is re-employed by the City as a police officer or firefighter within one (1) year from and after the date of termination of such armed services actually required of him or her;

               (b)     He or she returns to the member's deposit fund the amount, if any, he or she withdrew there from at the time he or she entered or while in such armed service, together with regular interest from the date of withdrawal to the date of repayment;  and

               (c)     In no case shall more than five (5) years of such armed service be credited any member for all such armed service rendered by him or her after February 1, 1965.  In any case of doubt as to the period, of such armed service to be credited any  member, the Board of Trustees shall have final power to determine such period. 

          (2)     During the period of such armed service and until his or her return to City employment as a police officer or firefighter, his or her contributions to the retirement system shall be suspended and any balance standing to his or her credit in the member's deposit fund shall be accumulated at regular interest.

          (3)     After July 1, 1983, any firefighter member who was a member of the retirement system on July 1, 1983, or after September 19, 1984, any member who was a police sergeant, police lieutenant, police captain on September 19, 1984, or assistant police chief on or after January 1, 1984, or police patrol officer member after July 1, 1988, may elect to receive credited service for not more than four (4) years of active military service in the armed service of the United States; to be used only in calculating their pension at retirement regardless of when this service occurred, provided, the firefighter, police sergeant, police lieutenant, police captain or assistant police chief was employed as a firefighter or police officer subsequent to such military service.  A firefighter, police patrol officer, police sergeant, police lieutenant, police captain, or assistant police chief who elects to claim this service credit must already have ten (10) years of credited service as a firefighter or police officer in force and shall pay to the retirement system an amount equal to ten and three-fourths percent (10.75%) of the member's full-time or equated full-time annual compensation (last four (4) full calendar quarters' gross compensation) for the year in which the payment is to be made, multiplied by the number of years, and fraction of a year, of credited service the member elects to purchase, up to the maximum.  Service shall not be credited if the service is or would be credited under another federal, state, or local publicly supported retirement system.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

          (4)     Any person who becomes a firefighter member of the retirement system after July 1, 1983, or any person who becomes a member of the police command officers bargaining group after September 19, 1984; however, effective January 1, 1990, any police command officer, assistant police chief and effective July 1, 1988, any police patrol officer, who entered the armed services of the United States during a time of war or national emergency, or who served in the armed service during a time of peace, may elect to receive credited service for not more than four (4) years of active military service; to be used only in calculating their pension at retirement regardless of when this service occurred (military service time for police officer members cannot be added to retirement eligibility requirements); provided, the firefighter or member of the police command officers bargaining group was employed as a firefighter or police officer subsequent to such military service.  However, only completed years and months of armed service shall be credited.  In the case of a person who becomes a firefighter member after July 1, 1983, credit for military service shall be given upon request and payment to the retirement system of an amount equal to eight percent (8%) of the member's full-time or equated full-time annual compensation or in the case of a member of the police command officers bargaining group after September 19, 1984; however, effective January 1, 1990, any police command officer, assistant police chief and effective July 1, 1988, any police patrol officer credit for military service shall be given upon request and payment to the retirement system of  an amount equal to the percent required by the MERS Act; however, effective July 1, 1994, in the case of a firefighter member, military service shall be given upon request and payment to the retirement system an amount equal to the percent required by the MERS Act, however, effective July 1, 1994, in the case of a firefighter military service shall be given upon request and payment to the retirement system an amount equal to five percent (5%) of the member's full-time or equated full-time annual compensation (last four (4) full calendar quarters' gross compensation) for the year in which payment is made multiplied by the number of years, and fraction of a year, of credited service the member elects to purchase up to the maximum.  Service shall not be credited if the service is or would be credited under any other federal, state, or local publicly supported retirement system.  Service shall not be credited under  this section until the member has ten (10) working years of credited service in force.

(`38 Admin. Code, Ch. 5, § 115)  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

(Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.09  VOLUNTARY RETIREMENT.

     Any member may retire upon or after attaining his or her voluntary retirement age upon his or her written application filed with the Board of Trustees setting forth at what time, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, he or she desires to be retired.  Upon his or her retirement he or she shall be entitled to a pension provided in § 16.12.

(`38 Admin. Code, Ch. 5, § 116)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.10  NORMAL RETIREMENT.

     Any member who has attained or attains age sixty (60) years shall be retired forthwith by the Board of Trustees; provided, that upon the written application of such member, approved by his or her department head and the City Manager, such member may be continued in the employ of the City for periods not to extend beyond his or her attainment of age sixty-five (65) years.  Upon his or her retirement he or she shall be entitled to a pension provided in § 16.12.

(`38 Admin. Code, Ch. 5, § 117)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.11  DEFERRED RETIREMENT.

     Should any member who has ten (10) or more years of credited service in force leave the employ of the City as a police officer or firefighter prior to the attainment of age fifty-two (52) years, for any reason except retirement, or should any police officer member who was a police patrol officer on July 1, 1988, leave the employ of the City after eighteen (18) years of service, such person shall be entitled to a pension computed according to § 16.12 as the section is in force at the time the member terminates his or her employment with the City as a police officer or firefighter; provided, that the member does not withdraw the member's accumulated contributions from the Member's deposit fund.  The said pension shall begin the first day of the calendar month in which the member's application for same is filed with the Board of Trustees on or after the member's attainment of age fifty-two (52) years, or in the case of a police officer member who was a police patrol officer on July 1, 1988, his or her said pension shall begin on the first day of the calendar month his or her application is filed with the Board of Trustees after he or she would have had twenty (20) years of service regardless of age.

(`38 Admin. Code, Ch. 5, § 119)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1362, passed 1-5-81, effective 1-15-81; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.12  RETIREMENT PENSION.

     (A)     Pensions.

          (1)     Straight-life pension.

               (a)     Firefighters.  Upon a firefighter member's retirement, as provided in this chapter, on or after July 1, 1976, he or she shall receive a straight life pension equal to the sum of two percent (2%) or two and one-fourth percent (2.25%) for a firefighter member who retires on or after July 1, 1979, or two and four-tenths percent (2.4%) for a firefighter member who retires on or after July 1, 1988, however a Fire Chief and Assistant Fire Chief who retires on or after May 1, 1992, shall receive two and one-half percent (2.5%); effective July 1, 1991, firefighters who retire on or after that date shall receive two and  one-half percent (2.5%) and all firefighters through the rank of Fire Chief who retire on or after January 1, 1994, shall receive two and six-tenths percent

(2.6%) and firefighters who retire on or after July 1, 1997 shall receive two and six tenths percent (2.6%) of the first twenty-five (25) years of service and two and three-fourths percent (2.75%) for all service over twenty-five (25) years, however the Firefighter Union may request a modification in the multiplier to two and eight-tenths percent (2.8%) for all years of service provided that any increased cost in the City's contribution to the pension system shall be borne by members of the unit and there shall be no additional cost to the City.  The increased costs in the City's contribution may be offset by an increase in the employee's pension contributions or by other changes to the pension plan resulting in cost reductions to the City's contribution rate as determined by the plans actuaries, however a Fire Chief or Assistant Fire Chief who retires on or after March 25, 1999, shall receive two and six-tenths percent (2.6%) for the first twenty-five (25) years of service and two and three-fourths percent (2.75%) for all years thereafter of his or her final average salary multiplied by the number of years and fraction of a year of his or her credited service.   (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

               (b)     Police.  Upon a police officer member's retirement, as provided in this chapter, he or she shall receive a straight life pension equal to two percent (2%) or two and one-fourth percent (2.25%) for a police officer member who is a police sergeant, police lieutenant, police captain, assistant police chief or police chief who retires on or after January 1, 1982; however, two and four-tenths percent (2.4%) for any such member who retires on or after January 1, 1985, for the first twenty-five (25) years of credited service and two and one-fourth percent (2.25%) thereafter or two and one-half percent (2.5%) for any such member who retires on or between January 1, 1985, and March 31, 1985, for the first twenty-five (25) years of credited service and two and one-fourth percent (2.25%) thereafter); however, after January 1, 1990, 2.5% for the first twenty-five (25) years of credited service and two and one-fourth percent (2.25%) thereafter; however, effective May 1, 1992, two and one-half percent (2.5%) for all years of service for an assistant police chief; however on or after January 1, 1994, two and six-tenths percent (2.6%) for the first twenty-five (25) years of service and two and three-fourths percent (2.75%) thereafter for a police officer member who is a police sergeant, lieutenant, assistant police chief, or police chief (two and one-fourth percent (2.25%) for a police officer member who is a police patrol officer and who retires on or after July 1, 1982; however, two and four-tenths percent (2.4%) for any such member who retires on or after July 1, 1985, for the first twenty-five (25) years of credited service and two and one-fourth percent (2.25%) thereafter; however, any such member who retires on or after July 1, 1989, two and one-half percent (2.5%) for the first twenty-five (25) years of service and two and one-fourth percent (2.25%) for each year of service thereafter or for such member who retires on or after July 1, 1993, two and six-tenths percent (2.6%) for the first twenty-five (25) years of service and two and three-fourths percent (2.75%) for years of service thereafter) of his or her final average salary multiplied by the number of years, and fraction of a year, of his or her credited service; provided, that the straight life pension of both firefighters and police officers shall be subject to division (B) below.

          (2)     Optional plans.  Upon the retirement of either a firefighter or a police officer, he or she shall have the right to elect, in lieu of his or her straight life pension, to receive his or her pension under an option provided for in § 16.14.

(Am. Ord. D-1833, passed 4-1-99, effective 4-1-99)

     (B)     Benefit limitations.  The Saginaw Police Officer and Firefighters Retirement System shall not pay any benefit that would exceed the benefit limitations for governmental plans as set forth in Section 415 of the Internal Revenue Code and regulations as amended.

     (C)     Retirement prior to age fifty-two (52).  In the event an original member retires prior to the

attainment of age fifty-two (52) years, the straight life pension provided for in division (A) above shall be reduced to the applicable amount shown in the following table, for the member's age (nearest  birthday) at the date the member elects to have his or her pension begin.

TABLE FOR POLICE OFFICER AND FIREFIGHTER MEMBERS

     (D)     Death of employee leaving accumulated contributions.   Effective July 1, 1986 under changes in the Federal Tax Codes, should a retirant die before the member has received in straight life pension payments a prorated non-federally taxed amount equal to the member's credit in the member's deposit fund at the time of the member's retirement, the difference between the said accumulated contribution and the said prorated non-federally taxed amount of straight life pension payments received by the member shall be paid to such person or persons as he or she shall have nominated by written designation duly executed and filed with the Board of Trustees.  If there be no such designated person or persons surviving the said retirant, such difference, if any, shall be paid to the member's estate.  No benefits shall be paid under this subsection on account of the death of a retirant if any benefits are paid or will become payable under division (E) or if the retirant elected to receive a pension under either Option A or B provided for in § 16.14.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

     (E)     Surviving spouse benefits.  Upon the death of a retiree who retired on or after November 1, 1968, the retiree's surviving spouse shall receive a pension equal to sixty percent (60%) of the straight life pension the deceased retiree was receiving.  No benefits shall be paid under this subsection on account of the death of a retiree if the member elected to receive a pension under either Option A or B provided for in § 16.14.

(`38 Admin. Code, Ch. 5, § 118)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.13  CERTAIN RETIREMENT PENSION ADJUSTMENTS.

     (A)     In the event the annual pension benefit of a retiree with a spouse and who retires on or after:

          March 1, 1978, in the case of a firefighter member; or

          July 1, 1978, in the case of a member who is a police sergeant, police lieutenant, police captain, assistant police chief or police chief; or

          January 1, 1980, in the case of a member who is a police patrol officer, as the case may be, should fall below the total budget costs for a retired couple as stated by the Bureau of Labor Statistics “Annual Costs of the Urban Retired

          Couple's Lower Budget” based upon total budget costs for the metropolitan United States, a married retiree's pension benefits shall be increased to one hundred percent (100%) of the Bureau of Labor Statistics “Annual Cost of the Urban Retired Couple's Lower Budget” provided the retiree retired with twenty-five (25) years or more credited service and retired as provided for in §§ 16.09, 16.10, 16.15, or 16.17 or when a member becomes covered as provided in § 16.18(B) of the Saginaw Police Officers and Firefighters Retirement System.

     (B)     If a member is without a spouse or has a sole surviving spouse and if the retirement entitling the member to pension benefits occurred on or after:

          March 1, 1978, in the case of a firefighter member;

          July 1, 1978, in the case of a member who is a police sergeant, police lieutenant, police captain, assistant police chief or police chief;

          January 1, 1980, in the case of a member who is a police patrol officer; or

          July 1, 1992 in the case of a member who is a firefighter, as the case may be, and otherwise meets the applicable requirements set forth in division (A), then the member's annual pension benefit shall be adjusted so as never to fall below sixty percent (60%) or one hundred (100%) for a firefighter member who retires on or after July 1, 1992, of the Bureau of Labor Statistics “Annual Cost of the Urban Retired Couple's Lower Budget.”

     (C)     Except as provided in division (D) below, the adjustments provided in divisions (A) and (B) above shall be made prospectively only in the first pension check issued in which the adjustment can practically be made after the release of the Bureau of Labor Statistics “Annual Costs of the Urban Retired

Couple's Lower Budget.”  The aforesaid adjustments shall be made annually and shall under no circumstances cause a retiree's annual pension to exceed the latest released “Annual Costs of the Urban Retired Couple's Lower Budget” except as provided in division (E) below.

     (D)     In the event that the Bureau of Labor Statistics does not publish the “Annual Costs of the Urban Retired Couple's Lower Budget” within thirteen (13) months of the publication of the last such figures, the adjustment provided in divisions (A) and (B) shall be made in the first check in which it can practically be made after the release of the new “Annual Costs of the Urban Retired Couple's Lower Budget” and this adjustment shall be retroactive to the twelfth month following the month in which the last such adjustment was made.

     (E)     In the event that the Bureau of Labor Statistics terminates publication of the “Annual Costs of the Urban Retired Couple's Lower Budget,” the next annual adjustments provided in divisions (A) and (B) shall be made based upon a figure derived by increasing the last published “Annual Costs of the Urban Retired Couple's Lower Budget” by the percentage of increase in the Bureau of Labor Statistics All Urban Consumers Index in the last twelve (12) monthly releases of that Index prior to the annual adjustment date.  Each subsequent annual adjustment provided in divisions (A) and (B) shall be made based upon a figure derived by increasing the previous adjustment figure by the percent of increase in the Bureau of Labor Statistics All Consumers Index in the last twelve (12) monthly releases of that Index prior to each annual adjustment date.

     (F)     In no event shall any retiree's pension be reduced below the original amount as allowed in § 16.12.

     (G)     The guaranteed living standard contained in this division (G) shall not apply to police patrol officer members:

          (1)     (a)     In the event the annual pension benefit of a retiree with a spouse and who retires on or after:

          January 1, 1980, for a member who is a police sergeant, police lieutenant, police captain or assistant police chief; or

          July 1, 1980, for a firefighter member, should fall below the total budget cost for a retired couple as stated by the Bureau of Labor Statistics “Annual Cost of the Urban Retired Couple's Intermediate Budget” based upon total budget cost for the metropolitan United States, a married retiree's pension benefit shall be increased to  one hundred percent (100%) of the Bureau of Labor Statistics “Annual Cost of the Urban Retired Couple's Intermediate Budget” provided the retiree retired with twenty-five (25) years or more credited service and retired as provided for in §§ 16.09, 16.10, 16.16, or 16.17, or when a member becomes covered as provided in § 16.18(B) of the Saginaw Police Officers and Firefighters Retirement System.

               (b)     July 1, 1985, through June 30, 1990, the aforesaid benefits will be granted to firefighter members who elect to retire during this time period if they retire with twenty (20) years or more of credited service; provided, however, that from July 1, 1990, onward, retiring firefighter members will again be required to have twenty-five (25) years or more of credited service to receive this benefit.

          (2)     (a)     If a member is without a spouse or has a sole surviving spouse and if the retirement entitling the member to pension benefits occurred on or after:

          January 1, 1980, for a member who is a police sergeant, police lieutenant, police captain or assistant police chief; or

          July 1, 1980, for a firefighter member, and otherwise meets the applicable requirements set forth in subsection (1) above, then the member's annual pension benefit shall be adjusted so as never to fall below sixty percent (60%) of the Bureau of Labor Statistics “Annual Cost of the Urban Retired Couple's Intermediate Budget.”

               (b)     From July 1, 1985, the aforesaid benefits will be granted to firefighter members who retire with twenty (20) years or more of credited service provided that they have attained the actuarial age of fifty (50) years.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

          (3)     Except as provided in subsection (4) below, the adjustments provided in subsections (1) and (2) above shall be made prospectively only in the first pension check issued in which the adjustment can practically be made after the release of the Bureau of Labor Statistics “Annual Cost of the Urban Retired Couple's Intermediate Budget.”  The aforesaid adjustments shall be made annually and shall under no circumstances cause a retiree's annual pension to exceed the latest released “Annual Cost of the Urban Retired Couple's Intermediate Budget” except as provided in subsection (5) below.

          (4)     In the event that the Bureau of Labor Statistics does not publish the “Annual Cost of the Urban Retired Couple's Intermediate Budget” within thirteen (13) months of the publication of the latest such figures, the adjustment provided in subsections (1) and (2) above shall be made in the first check in which it can practically be made after the release of the new “Annual Cost of the Urban Retired Couple's Intermediate Budget” and this adjustment shall be retroactive to the twelfth month following the month in which the last such adjustment was made.

          (5)     In the event that the Bureau of Labor Statistics terminates publication of the “Annual Cost of the Urban Retired Couple's Intermediate Budget,” the next annual adjustments provided in subsections (1)

and (2) shall be made based upon a figure derived by increasing the last published “Annual Cost of the Urban Retired Couple's Intermediate Budget” by the percentage of increase in the Bureau of Labor Statistics All Urban Consumers Index in the last twelve (12) monthly releases of that Index prior to the annual adjustment date.  Each subsequent annual adjustment provided in subsections (1) and (2) shall be made based upon a figure derived by increasing the previous adjustment figure by the percent of increase in the Bureau of Labor Statistics All Urban Consumers Index in the last twelve (12) monthly releases of that Index prior to each annual adjustment date.

          (6)     In no event shall any retiree's pension be reduced below the original amount as allowed in § 16.12.

     (H)     The foregoing guaranteed living standards contained in this section shall not apply to police patrol officer members who retire on or after July 1, 1983, or members who are a police sergeant, police lieutenant, or police captain who retire on or after January 1, 1985.

     (I)     The foregoing guaranteed living standards contained in this section shall not apply to firefighter members who retire on or after July 1, 1997.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

(`38 Admin. Code, Ch. 5, § 118-1)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.14  PENSION OPTIONS.

     (A)     Prior to the effective date of the member's retirement, but not thereafter, a member may elect to receive his or her pension as a straight life pension payable throughout his or her life, or he or she may elect to receive the actuarial equivalent of his or her straight life pension in a reduced pension payable throughout his or her life, and nominate a beneficiary,

in accordance with the provisions of Option A or B set forth below:

          (1)     Option A.  Upon the death of a retiree who elected Option A, a reduced pension shall be continued throughout the life of and paid to such person, having an insurable interest in the member's life, as the member shall have nominated by written designation duly executed and filed with the Board of Trustees prior to the date of his or her retirement; or

          (2)     Option B.  Upon the death of a retiree who elected Option B, one-half (½) of his or her reduced pension shall be continued throughout the life of and paid to such person, having an insurable interest in his or her life, as he or she shall have nominated by written designation duly executed and filed with the Board of Trustees prior to the date of his or her retirement.

     (B)     Effective January 15, 1992, a police patrol officer member's initial election between duty disability pension or regular retirement pension shall be binding upon these members.  However, in the case of a duty disability election, pending Pension Board determination, the member will be allowed a normal retirement until such determination is made by the Board.

(`38 Admin. Code, Ch. 5, § 120)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.15  NON-DUTY DISABILITY RETIREMENT.

     A member with five (5) or more years of credited service who becomes physically or mentally totally and permanently incapacitated for duty as a police officer or firefighter in the employ of the City may be retired by the Board of Trustees, upon written application filed with the Board by the said member or the member's department head, if the Medical

Director, after a physical examination of such member, certifies to the Board that (1) such member is physically or mentally totally incapacitated to perform the duties of police officer or firefighter in the employ of the City, and (2) that such incapacity will probably be permanent.  If said member does not concur in the report of the Medical Director, he or she shall be entitled to be examined by a medical committee consisting of three (3) physicians, one (1) of whom shall be the Medical Director, one (1) a physician selected by the member, and the third a physician selected by the other two (2) physicians named to the medical committee.  If the medical committee certifies to the Board, by majority opinion (1) that such member is physically or mentally totally incapacitated for duty as a police officer or firefighter in the employ of the City, and (2) that such incapacity will probably be permanent, such member may be  retired by the Board upon written application filed with the Board by said member or his or her  department head.  Upon his or her retirement he or she shall be entitled to a pension provided in § 16.16.

(`38 Admin. Code, Ch. 5, § 121)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.16  NON-DUTY DISABILITY PENSION.

     A member who retires on account of disability, as provided in § 16.15 hereof, shall receive a disability pension computed according to § 16.12(A) and (D).  If said member retires prior to his or her attainment of age fifty-five (55) years or fifty (50) years in the case of a firefighter member on or after June 7, 1999, his or her credited service shall be increased, for the exclusive purpose only of computing his or her disability pension, by the number of years and fraction of a year, not to exceed ten (10) years, in the period from the date of his or her disability retirement to the date he or she would attain age fifty-five (55) years or fifty (50) years in the case of a firefighter member on or after June 7, 1999.  His or her disability pension shall be subject to §§ 16.21 and 16.22.  Upon his or her retirement he or she shall have the right to elect, in lieu of a straight life disability pension, to receive his or her disability pension under an option provided for in § 16.14.

(`38 Admin. Code, Ch. 5, § 122)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95; Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

§ 16.17  DUTY DISABILITY RETIREMENT.

     A member who becomes physically or mentally totally incapacitated for duty as a police officer or firefighter in the employ of the City by reason of a personal injury or disease which the Board of Trustees finds to have occurred as the natural and proximate result of causes arising out of and in the course of the member's employment with the City, and the Medical Director, after a physical examination of such member, certifies to the Board that such member is physically or mentally totally incapacitated to perform the duties of a police officer or firefighter in the employ of the City, shall be retired by the Board upon written application filed with the Board by the said member or the member's department head.  If said member does not concur in the report of the Medical Director, he or she shall be entitled to be examined by a medical committee consisting of three (3) physicians, one (1) of whom shall be the Medical Director, one (1) a physician selected by the member, and the third a physician selected by the other two (2) physicians named to the medical committee; however, effective January 1, 1990, a member who is a police sergeant or lieutenant will require that all examining physicians on the medical committee be specialized in the nature of the injury being examined and be Board Certified, and one (1) of whom shall be the Medical Director or his or designee.  Effective January 15, 1992, a member who is a police patrol officer, “the medical committee will consist of three (3) physicians, one (1) of whom shall be the Medical Director, one (1) a physician selected by the member, and the third a physician selected by the other two (2) physicians of the medical committee.  The third physician must be specialized in the nature of the injury and be Board certified.”  If the medical committee certifies to the Board, by majority opinion, that such member is physically or mentally totally incapacitated for duty (effective January 1, 1990, in the case of a member who is a police sergeant or lieutenant; such member's award of a duty disability retirement pension will be under the standards of the Workers Compensation Act of 1969, MCL 418.101 through 418.941) as a police officer or firefighter in the employ of the City, and the Board finds the disability to have occurred as the natural and proximate result of causes arising out of and in the course of employment with the City, such member shall be retired by the Board upon written application filed with the Board by said member or his or her department head.  Upon the member's  retirement he or she shall be entitled to a pension provided in § 16.18.

(`38 Admin. Code, Ch. 5, § 123)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.18  DUTY DISABILITY PENSION.

     (A)     A member who retires at or after his or her attainment of age fifty-five (55) years, or fifty-two (52) years for a firefighter member on or after July 1, 1993 or fifty (50) years for a firefighter member on or after June 7, 1999, on account of disability, as provided in § 16.17, shall receive a disability pension computed according to § 16.12.  Upon the member's retirement he or she shall have the right to elect, in lieu of his or her straight life disability pension, to receive his or her disability pension under an option provided for in § 16.14.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

     (B)     A member who retires prior to his or her attainment of age fifty-five (55) years on account of disability, or a member who is a firefighter on or after July 1, 1993, upon attainment of age fifty-two (52) years on account of disability or a member who is a firefighter on of after June 7, 1999 upon attainment of age fifty (50) years on account of disability, as provided in § 16.17, shall receive a disability pension computed according to § 16.12(A) and (C).  For the exclusive purpose only of computing his or her disability pension, his or her credited service shall be increased by the number of years, and fraction of a year, in the period from the date of his or her disability retirement to the date he or she would attain age fifty-five (55) years, or fifty-two (52) years for firefighter members who retired on or after July 1, 1993.  Upon the member's attainment of age fifty-five (55) years, or age fifty-two (52) years for a firefighter member, or fifty (50) years for firefighter members who retired on or after June 7, 1999, and with the exception of a member who is a police sergeant or lieutenant on or after September 9, 1984, his or her disability pension shall be recomputed using a final average salary determined according to the salaries at the time the member attains age fifty-five (55) years, or age fifty-two (52) years for a firefighter member on or after July 1, 1993, or age fifty (50) years for a firefighter member on or after June 7, 1999, for the ranks used in computing his or her final average salary at the time of his or her disability retirement.  In no event shall such recomputed disability pension be less than the disability pension the member received prior to his or her attaining age fifty-five (55) years, or fifty-two (52) years for a firefighter member who retires on or after July 1, 1993, or fifty (50) years for a firefighter member who retires on or after June 7, 1999.  Upon the member's retirement he or she shall have the right to elect, in lieu of a straight life disability pension, to receive his or her disability pension under an option provided for in § 16.14.  To his or her attainment of age fifty-five (55) years, or fifty-two (52) years for a firefighter member who retires on or after July 1, 1993, or age fifty (50) years for a firefighter member who retires on or after June 7, 1999, his or her disability pension shall be subject to §§ 16.21 and 16.22.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

     (C)     Effective January 15, 1992, for police patrol officer members, the recomputation of duty disability pension pursuant to division (B) above is eliminated.  Duty disability pension, when granted by the Police and Fire Pension Board of Trustees, shall be calculated in the following manner:

          (1)     If the police member has less than twenty-five (25) years of credited service at time of disability:

               (a)     For the exclusive purpose only of computing his or her disability pension, the police member's credited service shall be increased by the number of years and fraction of a year in the period from the date of the member's disability retirement to the date he or she would obtain the age of fifty-five (55).

               (b)     1.     Should the member, as determined by the Medical Director, be employable  (able to perform other than police work), he or she will be limited to earn annually, through gainful employment, one-half (½) of his or her annual pension dollar amount.  This employable member must, on a calendar year basis, submit a copy of his or her Federal Income Tax returns to the Secretary of the Board for determination of compliance with this provision.  Those retirees who fail to comply will have their pension suspended until such time as they do comply.

                    2.     Those retirees who, through employment, earn more than one-half (½) of their annual pension dollar amount will have the option of reimbursing this overage to the pension system by a one-time lump sum dollar amount, or have their subsequent annual pension reduced by the dollar amount of the overage.

               (c)     Upon receipt of duty disability pension, should the member, as determined by the Medical Director, not be employable in any capacity, he or she shall be granted for life a Guaranteed Living Standard (GLS).  Prior to receipt of the GLS, § 16.21 shall be utilized to re-examine the duty disability retiree.  This GLS shall be based on the total budget costs for a retired couple as stated by the Bureau of Labor Statistics “Annual Costs of the Urban Retired Couple's Intermediate Budget.”  In the event the annual pension benefit falls below this budget, said pension will be adjusted to one hundred percent (100%) of the Urban Retired Couples Intermediate Budget in effect at that time.  Should the Bureau of Labor Statistics cease publishing the Urban Retired Couples Budget, subsequent adjustments shall be made by measuring the percentage change in the past year in the Consumer Price Index, U.S. City Average for all urban consumers (CPI-U) during the month of September.  For those police members who retire on duty disability and are employable in non-police work, should they so desire, the City will seek and/or make efforts to employ them in accordance with the conditions of their disability retirement.

               (d)     Upon the member's attainment of what would have been twenty-five (25) years of credited service, the member shall have a choice between the manner as that of a regular retirement or the manner described as follows:  upon recomputation, the member's duty disability pension will become a regular pension.  This pension shall be calculated using a final average salary based on the average salary in effect at that time for a patrol officer with four (4) years or more of service.  Included in this calculation will be the maximum amount of vacation and compensatory time allowed to be earned along with an average (for the patrol officer group) of overtime earned in the year prior to the year of recomputation.  The multiplier used will be that which was in effect at the time of initial retirement.  At the time of recomputation for the member who is employable, there shall be no restricting to the amount of outside employment earnings.

          (2)     If the police member has twenty-five (25) years or more of credited service at time of disability:

               (a)     1.     Within seven (7) days of the date of the award by the Police and Fire Pension Board of duty disability, the member's duty disability pension shall become a regular pension.  This member will retain, if awarded, workers' compensation benefits which shall include rehabilitation and medical benefits under MCL 418.101 through 418.941.

                    2.     The method of pension calculation for this member will be a choice between the manner as that of a regular retirement or the manner described in subsection (1)(d) above.  This member will have no restrictions placed on them regarding outside employment earnings.

               (b)     Should this member be deemed unemployable in any capacity by the Medical Director, he or she shall receive the guaranteed living standard as outlined for members with less than twenty-five (25) years of service in subsection (1)(c) above.

     (D)     Notwithstanding the provisions of § 16.03(E), a duty disability retiree who (1) had not attained age fifty-five (55) years at January 31, 1965,and (2) was receiving a duty disability pension  under  Section 25 of Chapter XVI of the Charter of the City as the section was in effect January 31, 1965, shall upon the member's attainment of age fifty-five (55) years have his or her pension recomputed according to division (B) above as division (B) is in effect at the date he or she attains age fifty-five (55) years.

     (E)     (1)     On or after July 1, 1983, a firefighter member or, on or after September 18, 1984, a police sergeant, police lieutenant, police captain, or assistant police chief who was a prior Saginaw command officer bargaining unit member, who retires at or after his or her attainment of age fifty-five (55) years on account of disability, as provided in § 16.17, shall receive a disability pension computed according to § 16.12.  Upon the member's retirement he or she shall have the right to elect, in lieu of his or her straight life disability pension, to receive his or her disability pension under an option provided for in § 16.14.  His or her said pension shall be subject to §§ 16.21 and 16.22, and he or she shall be eligible for the benefits of § 16.13(G)(1)—(6), years of credited service notwithstanding.

          (2)     On or after July 1, 1983, a firefighter member, or on or after September 19, 1984, a police sergeant, police lieutenant or police captain, or assistant police chief who was a prior Saginaw command officer bargaining unit member, who retires prior to his or her attainment of age fifty-five (55) years on account of disability, as provided in § 16.17, shall receive a disability pension computed according to § 16.12(A) and (C).  For the exclusive purpose only of computing the member's disability pension his or her credited service shall be increased by the number of years, and fraction of a year, in the period from the date of the member's disability retirement to the date he or she would attain age fifty-five (55) years.  Upon the member's retirement, he or she shall have the right to elect, in lieu of a straight life disability pension, to receive his or her disability pension under an option provided for in § 16.14.  The member's said disability pension shall be subject to §§ 16.21 and 16.22, and he or she shall be eligible for the benefits of § 16.13(G)(1)—(6), years of credited service notwithstanding.

(`38 Admin. Code, Ch. 5, § 124)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.19  NON-DUTY DEATH.

     (A)     Non-duty death; application of Option A.

          (1)     Any member who continues in the employ of the City as a police officer or firefighter on or after the date the member either (1) acquires twenty-five (25) years of credited service or (2) attains age fifty-five (55) years may elect, prior to the effective date of his or her retirement by written declaration filed with the Board of Trustees in the manner and form prescribed by the Board, Option A provided for in § 16.14, and nominate a beneficiary whom the Board finds to be dependent upon the said member for at least fifty percent (50%) of his or her financial support.  Prior to the effective date of the member's retirement, said member may revoke his or her election of Option A and nomination of beneficiary and the member may again, prior to the effective date of his or her retirement, elect the said Option A and nominate a beneficiary as provided in this subsection.  In the event a member who has an Option A election in force dies while in the employ of the City as a police officer or firefighter, his or her beneficiary shall immediately receive a pension computed in the same manner in all respects as if the said member had retired pursuant to the provisions of this chapter the day preceding the date of his or her death.  In the event a member who has an Option A election in force under the provisions of this subsection subsequently retires pursuant to the provisions of this chapter, the member's said election of Option A and nomination of beneficiary shall take effect as of the effective date of his or her retirement; provided, that the member shall have the right prior to the effective date of his or her retirement, but not thereafter, to elect, in lieu of Option A, to take his or her pension as a straight life pension or under Option  B provided for in § 16.14.  No pension shall be  paid under this subsection on account of the death of a member if any pensions are paid or become payable under § 16.20 on account of the member's death.

          (2)     Any member who continues in the employ of the City as a police officer or firefighter on or after the date the member either (1) acquires twenty-five (25) years of credited service or (2) attains the age of fifty-five (55) years, and does not have an Option A election in force as provided in division (A), and (1) dies while in the employ of the City as a police officer or firefighter, and (2) leaves a widow, or in the case of a female member, leaves a widower whom the Board of Trustees finds to be totally and permanently disabled and to have been dependent upon the said female member for at least fifty percent (50%) of his financial support, the said widow or widower shall immediately receive a pension computed in the same manner in all respects as if the said member had (1) retired pursuant to the provisions of this chapter the day before the date of the member's death, (2) elected Option A provided in § 16.14, and (3) nominated his or her said widow or widower as beneficiary.  No pension shall be paid under this subsection on account of the death of member if any pensions are paid under § 16.20 on account of the member's death.

          (3)     Effective July 1, 1983, and thereafter, the foregoing provisions of this division (A) shall not be applicable to a firefighter member, or effective September 19, 1984, and thereafter to a police sergeant, police lieutenant, police captain, or assistant police chief who was a prior Saginaw command officer bargaining unit member or their beneficiaries.  Any benefits granted to a firefighter member or any of his beneficiaries prior to July 1, 1983, or to a police sergeant, police lieutenant, or police captain member or their beneficiaries prior to September 19, 1984, shall remain in full force and effect.

(`38 Admin. Code, Ch. 5, § 125)  (Am. Ord. D-1573, passed 3-28-88, effective 4-7-88)

     (B)     Non-duty death; survivor pensions.

          (1)     If a member dies while in the employ of the City, the applicable pensions provided for in subsections (a), (b), (c), and (d) below shall be paid; provided, that the member has neither elected Option A nor nominated a beneficiary under division (A)(1); provided further, that the member has paid into the member's deposit fund all amounts due the fund by the member.

               (a)     The widow or widower of a deceased member shall receive a pension of twenty-five percent (25%) of final compensation.  The widow's or widower's pension shall begin the first day of the calendar month next following the month in

which the member died and shall terminate upon the widow's or widower's remarriage, or death, whichever occurs first.  The widow or widower of a member whose death occurs on or after the member's attainment of age fifty-five (55) years may elect to take his or her pension under either this subsection or under division (A)(2).

               (b)     If, in addition to a widow or widower, the deceased member leaves an unmarried child or children under age twenty-one (21) years, or the member's mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be a least fifty percent (50%) dependent for his or her financial support upon the deceased member, each such child shall receive a pension of an equal share of thirty percent (30%) of final compensation; provided, that in no case shall the pension payable to any one such child exceed twenty percent (20%) of final salary.  The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon his or her attainment of age twenty-one (21) years.  The pension payable to any child shall terminate upon said child's adoption, marriage, or death, whichever occurs first.  Upon termination of a child's pension there shall be a redistribution by the Board to the member's remaining eligible children.  The pensions provided in this subsection shall be in addition to the pension provided in subsection (a) above or division (A)(2).

               (c)     If the deceased member does not leave a widow or widower eligible to a pension provided in this chapter, or if a pension payable to a widow or widower terminates on account of remarriage or death, and there be surviving the said  deceased member's unmarried child or children under age twenty-one (21) years, or a mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least fifty percent (50%) dependent upon the deceased member for financial support, each such child shall receive a pension of twenty percent (20%) of final compensation; provided, that if there be more than two (2) such children each such child shall receive a pension of an equal share of forty percent (40%) of final compensation.  The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon the child's attainment of age twenty-one (21) years; the pension payable to any child shall terminate upon the child's adoption, marriage, or death, whichever occurs first.  Upon termination of a child's pension there shall be a redistribution by the Board to the deceased member's remaining eligible children; provided that the pension payable to any one child shall not exceed twenty percent (20%) of final compensation.

               (d)     If there be no widow, widower, nor children eligible to receive pensions provided in subsections (a), (b) or (c) above or division (A)(2) above surviving the said deceased member, and the member leaves either or both a dependent mother or dependent father whom the Board of Trustees finds to be dependent upon the said member for at least fifty percent (50%) of that parent's financial support, each such parent shall receive a pension of fifteen percent (15%) of final compensation. Upon a parent's remarriage or death the member's pension shall terminate.

          (2)     Effective:

          July 1, 1983, and thereafter, if a firefighter member;

          September 19, 1984, and thereafter, if a police sergeant, police lieutenant, police captain, or assistant police chief who was a prior Saginaw command officer bargaining unit member; or

          July 1, 1988, if a police officer member who is a police patrol officer, dies while in the employ of the City, the applicable pensions provided for in subsections (a), (b), (c), or

(d)  below shall be paid; provided that the member has paid into the member's deposit fund all amounts due to the fund by the member.  Any pensions paid under this provision shall be subject to §§ 16.22 and 16.13(G)(1)—(6).

               (a)     The widow or widower of a deceased member shall receive a pension of eighty percent (80%) of the pension that would have been due and payable to the deceased member, computed as if the member had retired the day immediately preceding death.  Computation of the pension shall be made using the multiplier set forth in § 16.12(A) times the average of the member's last three (3) years compensation, including the value of any unused vacation time paid to the surviving spouse, multiplied by the number of years, and fraction of a year, of credited service.  If said member should die prior to the attainment of age fifty-five (55) years, the credited service shall be increased, for the exclusive purpose only of computing the pension, by the number of years, and fraction of a year, not to exceed ten (10) years, in the period from the date of the member's death to the date the member would have obtained age fifty-five (55) years.  The surviving spouse's pension shall begin the first day of the calendar month next following the month in which the member died and shall be terminated upon the surviving spouse's remarriage or death, whichever occurs first.

               (b)     If a deceased member does not leave a widow or widower eligible to a pension provided in this chapter, or if a pension payable to a widow or widower terminates on account of remarriage or death, and there be surviving the said deceased member's unmarried child or children under age twenty-one (21) years, or mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least fifty percent (50%) dependent upon the deceased member for his other financial support, each such child shall receive a  pension of twenty-five percent (25%) of the pension  that would have been due and payable to the deceased member calculated as set forth in subsection (a) above. 

Providing, that if there be more than two (2) such children each such child shall receive a pension of an equal share of fifty percent (50%) of the pension that would have been due and payable to deceased member calculated as set forth in subsection (a) above.  The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon his or her attainment of age twenty-one (21) years; the pension payable to any child shall terminate upon said child's adoption, marriage, or death, whichever occurs first.  Upon termination of a child's pension there shall be a redistribution by the Board to the deceased member's remaining eligible children; provided, that the pension payable to any one (1) child shall not exceed twenty-five percent (25%) of the pension that would have been due and payable to the deceased member calculated as set forth in subsection (a) above.

               (c)     If there be no widow, widower, nor children eligible to receive pensions provided in subsection (a) or (b) of this section surviving the said deceased member, and the member leaves either or both a dependent mother or a dependent father whom the Board of Trustees finds to be dependent upon said member for at least fifty percent (50%) of the parent's final support, each such parent shall receive a pension of fifteen percent (15%) of the pension that would have been due and payable to the deceased member calculated as set forth in subsection (a) above.  Upon a parent's remarriage or death, this pension shall terminate.

               (d)     Notwithstanding the foregoing provisions of subsection (a) above, a widow or widower may elect to receive benefits as provided in subsections (1)(a) and (b) above, if this is to their advantage.  Should such an election of benefits under subsections (1)(a) and (b) terminate on account of the remarriage or death of the widow or widower, any surviving children shall receive benefits as defined in subsection (2)(b) above.

          (3)     Effective January 15, 1992, police patrol officer members who leave a pension for

surviving children, shall, unless the child is totally and permanently disabled, have said pension terminate at the time the surviving child reaches age twenty-one (21), becomes deceased, is adopted, or marries, whichever comes first.

(`38 Admin. Code, Ch. 5, § 126)

(Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.20  DEATH OCCURRING IN THE LINE OF DUTY.

     (A)     If a member dies as the result of illness contracted or injuries received arising out of and in the course of the member's employment with the City, and such death, illness, or injuries resulting in death be found by the Board of Trustees to have been the natural and proximate result of the member's actual performance of duty as a police officer or firefighter in the employ of the City, the applicable benefits provided in subsections (1), (2), (3), (4), and (5) below shall be paid; provided, that the widow or widower of such deceased member shall have the right to elect to take benefits under § 16.19  in lieu of this section, in which case the accumulated contributions shall not be refunded.

          (1)     The accumulated contributions standing to the member's credit in the member's deposit fund at the time of the member's death shall be paid in accordance with the provisions of § 16.23.

          (2)     A pension of one-third () of the final compensation of such deceased member shall be paid to the surviving spouse.  Such pension shall terminate upon the surviving spouse's remarriage or death, and shall be subject to § 16.22.

          (3)     If, in addition to a surviving spouse, the said deceased member leaves an unmarried child or children under age twenty-one (21) years, or leaves a mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least fifty percent (50%) dependent for his or her financial support upon the deceased member, each such child shall receive a pension of an equal share of  one-fourth (¼) of the deceased member's final compensation.  The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon said child's attainment of age twenty-one (21) years; the pension payable to any child shall terminate upon his or her adoption, marriage, or death, whichever occurs first.  Upon termination of a child's pension there shall be a redistribution by the Board to the deceased member's remaining eligible children.  Any pension payable under this subsection shall be subject to § 16.22.

          (4)     If there be no widow or widower surviving the deceased member, or if the pension payable to a widow or widower terminates on account of his or her remarriage or death, and there be surviving said deceased member's unmarried child or children under age twenty-one (21) years, or a mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least fifty percent (50%) dependent for his or her financial support upon the said deceased member, each such child shall receive a pension of one-fourth (¼) of the final compensation of such deceased member; provided, that if there be more than two (2) such children each such child shall receive a pension of an equal share of one-half (½) of said final compensation.  The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon said child's attainment of age twenty-one (21) years; the pension payable to any child shall terminate upon his or her adoption, marriage, or death, whichever occurs first.  Upon termination of a child's pension there shall be a redistribution by the Board to the deceased member's remaining eligible children, provided that in no case shall any such child's pension exceed one-fourth (¼) of the deceased member's final compensation.  Any pension payable under this subsection shall be subject to § 16.22.

          (5)     If there be neither a surviving spouse nor children eligible to receive pensions under this section surviving the said deceased member, there shall be paid to each the member's dependent father and dependent mother a pension of one-sixth (1/6) of the deceased member's final compensation; provided, that the Board of Trustees, after investigation, shall find such parent to have been actually dependent upon the deceased member for at least fifty percent (50%) of his or her financial support due to absence of earning power due to physical or mental disability. Any pension payable under this subsection shall be subject to § 16.22.

     (B)     Effective:

July 1, 1983, and thereafter, if a firefighter member;

September 19, 1984, and thereafter, if a police sergeant, police lieutenant, police captain, or an assistant police chief who was a prior Saginaw command officer bargaining unit member; or July 1, 1988, if a police officer member who is a police patrol officer,

dies as the result of illness contracted or injuries received arising out of and in the course of his or her employment with the City, and such death, illness, or injuries resulting in death be found by the Board of Trustees to have been the natural and proximate result of the member's actual performance of duty as a firefighter or police sergeant, police lieutenant, police captain, or an assistant police chief who was a prior Saginaw command officer bargaining unit member in the employ of the City, the applicable benefits provided in subsections (1), (2), or (3) of this section shall be paid; in addition to the applicable benefits provided in subsections (1), (2), and (3), the accumulated contributions standing to the member's credit in the member's deposit fund at the time of his or her death shall be paid in accordance with the provisions of § 16.23; provided, that the member has paid into the member's deposit fund all amounts due the fund by the member.  Any pension paid under this section shall be subject to § 16.22 and shall qualify the person for the benefits of § 16.13(G)(1)—(6), years of credited service notwithstanding.

          (1)     The widow or widower of a deceased member shall receive a pension of eighty percent (80%) of the pension that would have been due and  payable to the deceased member computed as if the member had retired the day immediately preceding the day of death.  Computation of the pension shall be made using the multiplier set forth in § 16.12(A) times the average of the member's last three (3) years' compensation, including the value of any unused vacation time paid to the surviving spouse, multiplied by the number of years, and fraction of a year, of his or her credited service.  If the said member should die prior to the attainment of age fifty-five (55) years, the member's credited service shall be increased, for the exclusive purpose only of computing the pension, by the number of years, and fraction of a year, in the period from the date of death to the date the member would have attained the age fifty-five (55) years.  The surviving spouse's pension shall begin the first day of the calendar month next following the month in which the member died and shall terminate upon the surviving spouse's remarriage or death, whichever occurs first.

          (2)     If there be no widow or widower surviving the deceased member, or if the pension payable to the surviving spouse terminates on account of remarriage or death, and there be surviving the said deceased member's unmarried child or children under age twenty-one (21) years, or a mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least fifty percent (50%) dependent for financial support upon the said deceased member, each such child shall receive a pension of twenty-five percent (25%) of the pension that would have been due and payable to the deceased member calculated as set forth in subsection (1) above. 

Provided, that if there be more than two (2) such children, each such child shall receive a pension of an equal share of fifty percent (50%) of the pension that would have been due and payable to the deceased member calculated as set forth in subsection (1) above. The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon the child's attainment of age twenty-one (21) years; the pension payable to any child shall terminate upon the adoption, marriage, or death of the child, whichever occurs first.  Upon termination of a child's pension, there shall be a redistribution by the Board to the deceased member's remaining eligible children, provided that in no case shall any such child's pension exceed twenty-five percent (25%) of the pension that would have been due and payable to the deceased member calculated as set forth in subsection (1) above.

          (3)     If there be neither a widow, widower, nor children eligible to receive pensions provided in subsections (1) or (2) above surviving the said deceased member, and the member leaves either or both a dependent mother or dependent father whom the Board of Trustees finds to be dependent upon said member for at least fifty percent (50%) of the dependent parent's financial support, each such parent shall receive a pension of one-sixth (1/6_{) of the pension that would have been due and payable to the deceased member calculated as set forth in subsection (1) above. Upon a parent's remarriage or death, the parent's pension shall terminate.}

     (C)     Effective January 15, 1992, police patrol officer members who leave a pension for surviving children, shall, unless the child is totally and permanently disabled, have said pension terminate at the time the surviving child reaches age twenty-one (21), becomes deceased, is adopted, or marries, whichever comes first.

(`38 Admin. Code, Ch. 5, § 127)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.21  RE-EXAMINATION OF DISABILITY RETIRANTS.

     (A)     At least once each year during the first five(5) years following the retirement of a member with a disability pension, and at least once in every three- year (3) period thereafter, the Board of Trustees may, and upon the member's application shall, require any disability retiree who has not attained age fifty-five (55) years to undergo a medical examination to be made by or under the direction of the Medical Director.  Should any such disability retiree refuse to submit to such medical examination in any such period, the member's disability pension may be discontinued by the Board until his or her withdrawal  of such refusal.  Should such refusal continue for one (1) year all the member's rights in and to his or her pension may be revoked by the Board.  If upon such medical examination of a disability retiree, the Medical Director reports to the Board that such retiree is physically able and capable of resuming employment with the City as a police officer or firefighter, he or she shall be restored to duty, except in the case of a police officer, upon certification by the State of Michigan, in a rank at least equivalent to the rank he or she held at the time of his or her retirement and his or her disability pension shall terminate.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

     (B)     A disability retiree who returns to the employ of the City as a police officer or firefighter shall again become a member of the retirement system.  The member's credited service at the time of the member's retirement shall be restored to his or her credit.  The member shall be given service credit for the period he or she was receiving a disability pension provided for in § 16.18(B); the member shall not be given service credit for the period he or she was receiving a disability pension provided for in § 16.16.

     (C)     In the event a non-duty disability retiree who has not attained age fifty-five (55) years becomes engaged in a gainful occupation, business, or

employment, paying him or her more than the difference between the current rate of compensation being paid by the City for the rank last held by him or her and his or her disability pension, his or her disability pension shall be reduced to an amount which together with the amount so earned by him or her shall equal such current rate of compensation for the rank last held by him or her.

(`38 Admin. Code, Ch. 5, § 128)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.22  WORKERS' COMPENSATION OFFSET.

     (A)     Any workers' compensation which may be paid or payable to a member retiree or beneficiary on account of the member's City employment shall be offset against any pensions payable to such member, retiree, or beneficiary.  In case the present value of the workers' compensation is less than the pension reserves for the pensions payable under this chapter, the present value of such workers' compensation shall be deducted from such pension reserves and such pensions as may be provided by the pension reserves so reduced shall be payable under the provisions of this chapter.  Effective January 1, 1990, police command officers, sergeants, and lieutenants who receive any workers' compensation which may be paid or payable to a member based on an injury date prior to March 31, 1982, shall be offset against any pensions payable to such member, retiree, or beneficiary.

     (B)     Effective January 15, 1992, this section shall no longer be in effect for police patrol officers, however, for injuries after March 31, 1982, the coordination of pension and workers' compensation benefits will be subject to the provisions of the Workers Disability Compensation Act of 1969 (MCL 418.101 through 418.941). Further, pursuant to Section 161 of the Workers Disability Compensation Act (MCL 418.161), the initial election between duty disability pension and workers' compensation will find such workers' compensation benefit not falling below the July 1990 level.

(`38 Admin. Code, Ch. 5, § 129)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.23  REFUND OF ACCUMULATED CONTRIBUTIONS.

     (A)     Should any member cease to be employed by the City as a police officer or firefighter before attainment of the voluntary retirement age such member shall be paid the accumulated contributions standing to the member's credit in the member's deposit fund upon the member's demand in writing on forms furnished by the Board of Trustees.

     (B)     Should any member die and no pension becomes payable by the retirement system on account of the death, except as provided in § 16.20, the accumulated contributions standing to the member's credit in the member's deposit fund at the time of death shall be paid to such person or persons as the member shall have nominated by written designation duly executed and filed with the Board of Trustees.  If there be no such person or persons surviving such deceased member the said accumulated contributions shall be paid to the member's estate.

     (C)     If any member dies intestate, without heirs and without having nominated a beneficiary, the member's accumulated contributions standing to the member's credit in the member's deposit fund at the time of his or her death may be used to pay his or her burial expenses, not to exceed a reasonable sum to be determined by the Board of Trustees, provided the member leaves no other estate sufficient for such purposes.

     (D)     Payments of refunds of accumulated contributions, as provided in this section, may be made in installments according to such rules and regulations as the Board of Trustees may from time to time adopt.

(`38 Admin. Code, Ch. 5, § 130)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.24  MEMBERS DEPOSIT FUND.

     (A)     The Member's deposit fund is hereby created.  It shall be the fund in which shall be accumulated, at regular interest, the contributions made by members to the retirement system, and from which shall be made refunds and transfers of accumulated contributions, as provided in this chapter.

     (B)     The contributions of a member to the retirement system to February 1, 1965, shall be five percent (5%) of the member's compensation.  From and after January 31, 1965, to November 1, 1968, the contributions of a member shall be six percent (6%) of the member's compensation.  From and after October 31, 1968, the contributions of a firefighter member shall be seven percent (7%) of the firefighter member's compensation; from and after July 1, 1980, the contributions of a firefighter member shall be seven and one-half percent (7.5%) of that member's compensation.  From and after July 1, 1981, the contributions of a firefighter member shall be eight percent (8%) of his or her compensation.  From and after October 31, 1968, to June 22, 1973, the contributions of a police officer member shall be seven percent (7%) of his or her compensation; and from and after June 21, 1973, the contributions of a police officer member shall be eight percent (8%) of his or her compensation.  From and after January 1, 1980, the contribution of a police officer member who is a police sergeant, police lieutenant, or police captain shall be nine and one-half percent (9.5%) of his or her compensation and eight percent (8%) of his or her compensation effective January 1, 1982.  From January 1, 1984, through December 31, 1984, the contribution of a firefighter member shall be six percent (6%) of his or her compensation; provided, however, from and after January 1, 1985, the contribution of a firefighter member shall be eight percent (8%) of his or her compensation.  The officer or officers responsible for making up the payroll shall cause the contribution to be deducted from the compensation of each member on each and every payroll period, so long as he or she remains a member of the system.

     (C)     The contributions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be changed thereby.  Every member shall be deemed to consent and agree to the deductions made and provided for herein.  Payment of the member's compensation less said deduction for the member's contribution shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the service rendered by the member during the period covered by such payment, except as to benefits provided by this chapter.  The contributions provided for herein shall be credited to the individual member's  deposit fund account of the member from whose compensation said deduction was made.

     (D)     In addition to the contributions deducted from the compensation of a member, as hereinbefore provided, he or she shall deposit in the member's deposit fund, by a single contribution or by an increased rate of contribution as approved by the Board of Trustees, the amount or amounts the member might have withdrawn therefrom, together with regular interest from the date of withdrawal to the date of repayment.  In no case shall any member be given credit for service rendered prior to the date the member withdrew his or her accumulated contributions until there is repaid to the member's deposit fund all amounts due the fund by him or her.

     (E)     Upon a member's retirement, his or her accumulated contributions shall be transferred from the member's deposit fund to the pension reserve fund.  At the expiration of a period of four (4) years from and after the date an employee ceases to be a member, any balance of accumulated contributions standing to his or her credit in the member's deposit fund, unclaimed by the member or his or her estate, shall be transferred to the income fund.

     (F)     Effective July 1, 1983, and thereafter division (D) shall cease to apply to firefighter members.  From and after July 1, 1983, should any firefighter member cease to be employed by the City as a firefighter and withdraw his or her accumulated contributions from the member's deposit fund and  later be re-employed by the City as a firefighter as provided by this chapter, he or she shall within four (4) years from the date of his or her re-employment with the City, deposit in the member's deposit fund, by a single contribution only, the amount or amounts he or she might have withdrawn therefrom, together with regular interest from the date of withdrawal to the date of repayment; subsequent changes to the contrary notwithstanding.  Failure to repay withdrawn accumulated contributions within four (4) years of re-employment shall constitute a permanent forfeiture of credited service represented by the withdrawn accumulated contributions.  Effective July 1, 1994, and thereafter for firefighter members and July 1, 1996, and thereafter for Patrol members, there shall be no time limit for repayment to the member's deposit fund.  Said contribution shall be in addition to the contributions deducted from the compensation of a member as hereinbefore provided.  In no case shall any member be given credit for service rendered prior to the date he or she withdrew his accumulated contributions until there is repaid to the member's deposit fund all amounts due the fund by him or her.  (Am. Ord. D-1856, passed 7-24-00, effective 8-3-00)

     (G)     Effective September 19, 1984, the foregoing provisions of division (F) shall apply to a police officer member who was a police sergeant, police lieutenant, or police captain on September 19, 1984.

(`38 Admin. Code, Ch. 5, § 131)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.25  PENSION RESERVE FUND.

     (A)     The pension reserve fund is hereby created.  It shall be the fund in which shall be accumulated reserves for all pensions and other benefits payable from contributions made by the City; and from which shall be paid all pensions as provided in this chapter.  Upon the basis of such mortality and other tables of experience, and regular interest, as the Board of Trustees shall from time to time adopt, the actuary shall annually compute the pension reserves (1) for service rendered and to be rendered by members and (2) pensions being paid retirants and beneficiaries.  The said pension reserves shall be financed by annual appropriations, to be made by the Council, determined according to subsections (1), (2), and (3) below.

          (1)     The annual appropriation for members' current service shall be a percent of their annual compensations which will produce an amount which, if paid annually by the City during their periods of future service, will be sufficient to provide the pension reserves at the time of their retirements for the portions of the pensions to be paid them based upon their future service.

          (2)     The annual appropriation for members' accrued service shall be a percent of their annual compensations which will produce an amount which, if paid annually by the City over a period of years, to be determined by the Council, will amortize, at the regular interest, any unfunded pension reserves for the portions of the pensions to be paid them based upon their accrued service.

          (3)     The annual appropriation for pensions being paid retirants and beneficiaries shall be a percent of the annual compensations of members which will produce an amount which, if paid annually by the City over a period of years, to be determined by the Council, will amortize, at regular interest, any unfunded pension reserves for pensions being paid retirants and beneficiaries.

     (B)     The Board of Trustees shall report to the Council in each fiscal year the amounts of contributions, determined in accordance with the provisions of this section, to be made by the City to the retirement system in the next ensuing fiscal year. The Council shall appropriate the required contributions each year and the City shall pay such amounts to the system in the ensuing fiscal year. When paid, such amounts shall be credited to the pension reserve fund.

(`38 Admin. Code, Ch. 5, § 132)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.26  EXPENSE FUND.

     The expense fund shall be the fund to which shall be credited all money provided by the City to pay the administrative expenses of the retirement system and from which such expenses shall be paid.

(`38 Admin. Code, Ch. 5, § 133)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.27  MANAGEMENT OF FUNDS.

     (A)     The Board of Trustees shall be the trustees of the assets of the retirement system and shall have full power to invest and reinvest such assets subject to the terms, conditions, limitations, and restrictions imposed by law of the state upon domestic life insurance companies in the making and disposing of their investments, and by law pertaining to the investments of public employee retirement system assets.  The Board shall have full power to hold, sell, assign, transfer, and dispose of any securities and investments in which any of the monies of the system have been invested as well as the proceeds of such investments and any monies belonging to the system.

     (B)     The Board of Trustees shall keep on deposit available cash, not to exceed five percent (5%) of the total assets of the retirement system.  All assets of the system shall be held for the sole purpose of meeting disbursements authorized by this chapter and shall be used for no other purpose whatsoever.

     (C)     The description of the various funds of the retirement system shall be interpreted to refer to the accounting records of the system and not to the  segregation of the assets within the funds of the system.

(`38 Admin. Code, Ch. 5, § 134)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.28  INCOME FUND.

     (A)     The income fund is hereby created.  It shall be the fund to which shall be credited all interests, dividends, and other income from investments of the retirement system, all transfers from the member's deposit fund by reason of lack of claimant, and all other money received by the system, the disposition of which is not specifically provided for in this chapter.  The Board of Trustees may accept gifts and bequests and the same shall be credited to the income fund.  There shall be paid from the income fund all amounts required to credit regular interest to the member's  deposit fund and pension reserve fund.  Whenever the Board determines the balance in the income fund is more than sufficient to cover the current charges to the fund the Board may, by resolution, provide for contingency reserves, or for the transfer of such excess or portions thereof to cover the needs of the other funds of the system, except the expense fund.

     (B)     At the end of each fiscal year, the Board of Trustees shall allow and credit regular interest (1) on each member's individual balance in the member's deposit fund at the beginning of such fiscal year, and (2) on the mean balance for the year in the pension reserve fund.  The interest so allowed and credited shall be charged to the income fund.  If the balance in the income fund is insufficient to cover such interest charges, the insufficiency shall be transferred from the pension reserve fund to the income fund.

(`38 Admin. Code, Ch. 5, § 135)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.29  METHOD OF MAKING PAYMENTS.

     All payments by the retirement system shall be made according to Charter and ordinance provisions relating to the disbursements of monies from City funds.  No disbursement shall be made from funds of the system unless approved by a specific or continuing motion adopted by the Board of Trustees.

(`38 Admin. Code, Ch. 5, § 136)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.30  ASSIGNMENTS PROHIBITED.

     (A)     The right of a person to a pension, to the return of accumulated contributions, or to any benefit, the pension itself, any optional benefit, and any other right accrued or accruing to any member, retiree, or beneficiary under the provisions of this chapter, and the monies belonging to the retirement system, shall be unassignable and shall not be subject to execution, garnishment, the operation of insolvency or bankruptcy law, or any other process of law whatsoever; provided, that if a member is covered by a group insurance or prepayment plan participated in by the City, and should the member be permitted to, and elect to, continue such coverage as a retiree, the member may authorize the Board of Trustees to have deducted from his or her pension the payments required of him or her to continue such group insurance or prepayment plan; provided further, that the City shall have the right of set off for any claim arising from embezzlement by or fraud of a member, retiree, or beneficiary.

     (B)     This section does not apply to:

          (1)     Eligible Domestic Relations Orders issued pursuant to the Eligible Domestic Relations Orders Act (MCL 38.1701 through 38.1711) as amended from time to time.   (Am. Ord. D-1885, passed 2-19-01, effective 3-1-01; Am. Ord. D-1918, passed 5-6-02, effective 5-16-02)

          (2)     Income Withholding Orders issued pursuant to the Support and Parenting Time Enforcement Act (MCL 552.601 et seq.) as amended from time to time.  (Ord. D-1918, passed 5-6-02, effective 5-16-02)

(`38 Admin. Code, Ch. 5, § 137)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.31  ERRORS.

     Should any change or error in the records result in any person receiving from the retirement system any more or less than the member would have been entitled to receive had the records been correct, the Board of Trustees shall correct such error in such manner that the actuarial equivalent of the benefit to which such person was correctly entitled shall be paid.

(`38 Admin. Code, Ch. 5, § 138)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.32  PROTECTION AGAINST FRAUD.

     Whoever with intent to deceive shall make any statement or report required under this chapter which is untrue, or shall falsify or permit to be falsified any record of the retirement system, or who shall otherwise violate the provisions of this chapter, with intent to deceive, shall upon conviction thereof be  fined not to exceed five hundred ($500.00) or ninety (90) days imprisonment, or both, in the discretion of the court.

(`38 Admin. Code, Ch. 5, § 139)   (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

§ 16.33  ONE-TIME INCREASE IN ANNUAL PENSION BENEFIT FOR CERTAIN RETIRANTS AND BENEFICIARIES.

     (A)     Effective December 2, 1977, there is hereby granted a one-time increase in the annual pension benefit rate for retirants who retired on or before December 31, 1966, and their beneficiaries and for beneficiaries who first became entitled to pension benefits on or before December 31, 1966, equal to two percent (2%) times the number of full years retired to December 2, 1977, or, in the case of a beneficiary, the number of full years since the retirement or death of the member for whose service the beneficiary's pension is paid, to December 2, 1977.  No pension augmented under this section, after applying the increase, shall exceed the sum of four thousand five hundred dollars ($4,500.00) annually.  (`38 Admin. Code, Ch. 5, § 140)  (Ord. D-1244, passed 11-14-77, effective 11-24-77)

     (B)     Effective July 1, 1982, and November 27, 1989, with a corrective adjustment effective July 30, 1990, and effective July 1, 1994, there is hereby granted a one-time increase in the annual pension benefit rate for all retirants and their beneficiaries who fall into the following eligibility categories:

          (1)     The annual pension benefits for retired members with a spouse shall be adjusted so as to provide a minimum of six thousand dollars ($6,000.00) per year July 1, 1982, and nine thousand dollars ($9,000.00) per year November 27, 1989, and eleven thousand one hundred fifty-three dollars ($11,153.00) per year July 1, 1994, provided the member retired with twenty-five (25) or more credited years of service.  This benefit does not change upon the death of the retiree's spouse.

          (2)     The annual pension benefit for a sole surviving member or spouse shall be adjusted so as to provide a minimum of three thousand six hundred dollars ($3,600.00) per year July 1, 1982, and five thousand two hundred fifty dollars ($5,250.00) per year November 27, 1989, and a corrective adjustment of five thousand four hundred dollars ($5,400.00) effective July 30, 1990, and six thousand six hundred ninety-two dollars ($6,692.00) per year July 1, 1994, provided the member retired with twenty-five (25) or more credited years of service.

          (3)     No adjustment shall be made for any member who is on deferred retirement or non-duty disability status with less than twenty-five (25) years of service or for any retired member or sole surviving spouse who has not or will not attain age fifty-two (52) during the year 1981 for the July 1, 1982, adjustment, or age fifty-two (52) during the year 1989 for the November 27, 1989, adjustment, or age fifty-two (52) during the year 1993 for the July 1, 1994, adjustment.

          (4)     Benefits for widows receiving duty death benefits shall be adjusted to provide a minimum of three thousand six hundred dollars ($3,600.00) per year July 1, 1982, and five thousand two hundred fifty dollars ($5,250.00) per year November 27, 1989, and a corrective adjustment of five thousand four hundred dollars ($5,400.00) effective July 30, 1990, and six thousand six hundred ninety-two dollars ($6,692.00) per year July 1, 1994.  No adjustment shall be made to benefits paid to surviving children under the duty death benefits section of the chapter.

          (5)     Any duty disability retiree who has attained age fifty-two (52) during the year 1981 for the

July 1, 1982, adjustment or age fifty-two (52) during the year 1989 for the November 27, 1989, adjustment or age fifty-two (52) during the year 1993 for the July 1, 1994, adjustment, the sole surviving spouse of such a retiree, provided said spouse has attained age fifty-two (52) during the year 1981, for the July 1, 1982, adjustment and attainment of age fifty-two (52) during the year 1989 for the November 27, 1989, adjustment or age fifty-two (52) during the year 1993 for the July 1, 1994, adjustment shall receive the pension  adjustment set forth in subsection (1) or (2) regardless of the number of credited years of service with which the member retired; provided, however, the amount of such increase when combined with any workers' compensation benefits due and payable shall not cause the total annual compensation to be received to exceed the maximum amount provided in this section.

(`38 Admin. Code, Ch. 5, § 141)  (Ord. D-678, passed 1-18-65, effective 2-1-65; Am. Ord. D-1592, passed 6-19-89, effective 6-29-89; Am. Ord. D-1737, passed 3-20-95, effective 3-30-95)

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