1
The Finance Committee offers its second substitute to file no 2007-
2
1136:
3
4
Introduced by the Council President at the request of the Mayor and
5
substituted by the Finance Committee:
6
7
ORDINANCE 2007-1136
8
AN
ORDINANCE
AMENDING
9
EMPLOYEES AND CORRECTIONS OFFICERS RETIREMENT
10
PLANS), ORDINANCE CODE, RELATING TO THE CITY
11
OF
12
TO (1) PROVIDE FOR RE-EMPLOYMENT OF RETIRED
13
EMPLOYEES UNDER CERTAIN CONDITIONS, (2) ADJUST
14
THE CONTRIBUTION RATE FOR THE CITY DISABILITY
15
PROGRAM,
16
PURCHASES OF SERVICE AND TIME CONNECTIONS, (4)
17
ESTABLISH A SEPARATE CITY DISABILITY PROGRAM;
18
CREATING
19
CORRECTIONS OFFICERS RETIREMENT PLANS), PART V
20
(GENERAL EMPLOYEES DEFINED CONTRIBUTION PLAN),
21
ORDINANCE
22
CONTRIBUTION
23
ADMINISTRATION,
24
PROTECTION
25
INVESTMENT RULES FOR SAID PLAN,
26
FOR
27
CURRENT
28
MEMBERS
29
CONTRIBUTION
30
IRREVOCABLE ELECTION FOR DEFINED CONTRIBUTION
31
PLAN
JACKSONVILLE
A
(3)
CHAPTER
RETIREMENT
PROVIDE
CHAPTER
CODE,
120
TO
(“SYSTEM”)
EMPLOYEES
ESTABLISH
PLAN,
A
(B)
CONTRIBUTIONS,
FROM
CLAIMS
ONE-TIME
GENERAL
MEMBERS
(GENERAL
ADJUSTMENTS
(GENERAL
RETIREMENT
TO
SYSTEM
FOR
(A)
120
EMPLOYEES
PLAN,
(D)
VESTING,
THE
TO
AND
(C) PROVIDE
ELECTION
PROVIDE
TRANSFER
ESTABLISH
RETIREMENT
TO
AND
DEFINED
CREDITORS
IRREVOCABLE
TRANSFER
TO
OF
TO
A
THE
FOR
PLAN
DEFINED
ONE-TIME
GENERAL
1
EMPLOYEES
RETIREMENT
2
CONTINUED TAX QUALIFICATION OF THE SYSTEM, AND
3
(F)
4
CODIFICATION;
5
STATEMENTS; PROVIDING AN EFFECTIVE DATE.
PROVIDE
FOR
PLAN,
CONFLICTS,
ATTACHING
(E)
PROVIDE
SEVERABILITY
ACTUARIAL
FOR
AND
IMPACT
6
7
BE IT ORDAINED by the Council of the City of Jacksonville:
8
Section 1. Chapter
9
10
11
120
(General
and
Corrections
Officers Pension Plans), Ordinance Code, is hereby amended to read
as follows:
CHAPTER 120.
GENERAL EMPLOYEES AND CORRECTIONS OFFICERS PENSION
12
RETIREMENT PLANS
13
PART I. PROVISIONS APPLICABLE TO THE SYSTEM AS A WHOLE
14
15
Employees
* * *
Sec. 120.105. Pensioner's rights upon reemployment by the City.
16
(a)
Notwithstanding
the
provisions
of
Section
121.105(a),
17
Ordinance Code, or any other law or ordinance to the contrary, any
18
correctional officer retiree of the Corrections Officers Pension
19
Plan, who otherwise qualifies, may be re-employed by the Office of
20
the Sheriff as a Temporary Part-Time Court Bailiff or a Logistical
21
and Technical Support Officer without loss of retirement benefits
22
from
23
employment.
24
time
25
Employees Pension Fund.
the
General
service
Employees
Pension
Plan
because
of
credit
during
such
employment
for
the
* * *
27
PART II. THE GENERAL EMPLOYEES RETIREMENT PLAN
28
* * *
30
Sec. 120.202.
re-
Under no circumstances can any such retiree acquire
26
29
such
Membership.
* * *
2
General
1
(c)
2
required
3
determining
4
health shall preclude a person elected or hired by the City from
5
membership, but no application for disability retirement shall be
6
based on a pre-existing medical condition revealed by the physical
7
examination
8
determined to have a pre-existing medical condition shall, as a
9
condition of admission to the System, waive the right to receive a
10
disability or pre-retirement death benefit based on that condition
11
in a form acceptable to the Board.
12
(d)
All applicants for membership in the System shall be
to
undergo
a
physical
pre-existing
provided
for
examination
medical
in
for
conditions.
this
the
No
paragraph.
purpose
of
condition
of
Any
applicant
Membership in the System shall be deemed to commence
13
after an applicant has completed the required physical examination,
14
has
15
required enrollment forms, and shall be coincident with the first
16
pay period in which employee contributions are made.
17
Sec. 120.203.
18
(a)
executed
any
appropriate
waiver
forms,
has
submitted
all
Contributions; refunds of contributions.
The City
shall pick-up,
rather
than
deduct
from each
19
member's pay, beginning with the date of membership, eight percent
20
(8%) of the member's earnable compensation. The monies so picked-up
21
shall be deposited in the Plan Fund immediately after each pay
22
period. An account record shall be maintained continuously for each
23
member.
24
disability or termination of service, whichever shall occur first.
25
Contributions shall remain in the Plan Fund unless withdrawn as
26
provided in the Plan.
27
receive the contributed amounts directly instead of having them
28
paid
29
contributions by the City shall be deemed and be considered as part
30
of
31
provisions of the Plan pertaining to accumulated contributions of
by
the
Pick-up
the
contributions
City
member's
shall
continue
until
death,
No member shall have the option to choose to
directly
accumulated
to
the
System.
contributions
3
All
and
such
subject
pick-up
to
all
1
members. The intent of this provision is to comply with Section
2
414(h)(2)
3
accruing
4
purposes of calculating wage-related benefits and calculations, the
5
amounts picked-up under this section shall be considered part of
6
the
7
implementation
8
Section 120.601, et. seq., the member contribution shall be seven
9
and seven tenths percent (7.7%) of earnable compensation.
of
the
and
Internal
calculating
earnable
Revenue
pension
compensation
of
the
City
a
*
and
member.
Disability
*
For
benefits,
of
10
11
Code.
Program
the
purpose
for
all
other
Effective
provided
of
upon
for
in
*
Sec. 120.204. Credited service; time connections; prior service.
12
*
13
(j)
Notwithstanding
any
*
*
provision
of
this
Chapter
to
the
14
contrary, in the case of members hired on or after October 1, 2008,
15
all purchases of service and time connections in excess of ten (10)
16
years shall be made at the full actuarial cost of the service as
17
determined by the actuary for the System.
18
to
19
connection shall be continued through September 30, 2010.
20
of an eligible member to commence payment for the time connection
21
prior to that date shall be deemed a voluntary waiver of such right
22
and the member shall be treated for the purposes of this section as
23
if first employed on or after October 1, 2008.
24
for
25
membership
26
participation in Social Security.
October
1,
membership
and
2008,
in
the
the
purchase
current
Plan
prior
27
28
Sec. 120.208.
31
(p)
program
remain
service
*
*
*
*
*
*
of
unlimited
time
Failure
Persons eligible
eligible
to
elect
notwithstanding
prior
Disability.
29
30
shall
For members hired prior
Pursuant
to
Section
120.608,
upon
complete
implementation of the Disability Program described in Part VI of
4
1
this Chapter 120, the provisions of Sections 120.208(a)-(o) shall
2
no longer be effective.
3
Sec. 120.209.
Vesting, Termination, Re-employment.
4
*
5
(c)
*
*
If a retiree or separated vested member re-enters City
6
service in a position covered by this Plan, benefit payments shall
7
cease and the retiree or separated vested member shall again become
8
an active member of the Plan.
9
pension benefit shall be computed with the original final monthly
10
compensation and credit given for the additional service at a 2.5
11
percent accrual rate.
12
greater than four years, the final monthly compensation shall be
13
computed based on the average monthly salary received over the past
14
five years of employment, with credit given for the additional
15
service at a 2.5 percent accrual rate.
In no instance shall total
16
benefit
monthly
17
accordance with the provisions of Sec. 120.206, but based on a
18
final monthly compensation computed as if there were no gap in time
19
between the original retirement date and the reemployment date,
20
provided that the period of re-employment exceeds one year. This
21
section
22
workers, part-time workers or temporary workers.
23
(d)
exceed
shall
80
not
Upon subsequent retirement, the new
For periods of re-employment equal to or
percent
apply
Notwithstanding
to
the
of
final
retired
members
provisions
of
compensation.
re-hired
subparagraph
as
in
poll
(c)
to
24
Section 120.209, Ordinance Code, or any other City ordinance to the
25
contrary, any time service retiree of the City of Jacksonville
26
General Employees Retirement Plan, who otherwise qualifies, may be
27
re-employed by the City on a part-time or temporary basis without
28
the
29
pursuant to Chapter 120, Ordinance Code, because of, and during,
30
such re-employment. For purposes of this subparagraph (d), the term
31
"part-time" shall mean a position routinely requiring fewer than 25
cessation
of
retirement
benefits
5
payable
to
such
retiree
1
hours of work per week (50 hours per pay period) on a regular and
2
recurring basis, and the term "temporary" shall mean a full-time
3
temporary position required for less than six months on a special
4
assignment or to replace an employee on leave. In no event shall
5
any
6
Employees Retirement Plan acquire time service credit or any other
7
benefit under Chapter 120, Ordinance Code, during, or in connection
8
with, such re-employment, nor shall any amendment to the Plan not
9
otherwise applicable to retired members apply to any re-employed
10
11
time
service
retiree
of
the
City
of
Jacksonville
General
retired member.
(e)
Members of the General Employees Retirement Plan may be
12
re-employed by the City on a full-time basis in any capacity.
13
that event, payment of retirement benefits
14
benefits shall be suspended for the period of re-employment and the
15
retired members shall again become active members of the Plan.
16
Upon the completion of the period of re-employment, and provided
17
that the period of re-employment exceeds one year, the time service
18
retirement benefit shall be re-computed, taking into account the
19
additional
20
compensation
21
provided in Section 120.209(c).
22
General Employees Retirement Plan who is re-employed in accordance
23
with this section, the member may, in lieu of continuing in the
24
Plan, make a one-time, irrevocable election to join the Defined
25
Contribution Plan as set forth in Sections 120.501, et. seq.
26
election must be made within ninety (90) days of re-employment.
27
the case of such an election, the member’s benefits in the General
28
Employees Retirement Plan shall be frozen at the level in effect at
29
the time of re-employment and will re-commence at the same amount
30
upon separation from service.
31
Contribution
credited
service
occurring
Plan
shall
from
not
and
the
any
and accrual of COLA
change
period
In
of
in
final
monthly
re-employment,
as
In the case of a member of the
Such
In
Members electing to join the Defined
accrue
6
any
additional
benefits,
1
service,
pensionable
2
benefit from the General Employees Retirement Plan except for the
3
benefits to be restarted upon separation from service; provided
4
however
5
Employees Retirement Plan shall not be affected during such re-
6
employment period.
that
the
compensation,
accrual
of
7
*
amendment
benefits
or
under
any
the
other
General
*
PART III. THE CORRECTIONS OFFICERS RETIREMENT PLAN
9
10
COLA
*
8
plan
*
*
*
Sec. 120.309. Vesting, andTermination, and Re-employment.
11
*
12
(d)
Notwithstanding
correctional
*
other
law
15
employed by the Office of the Sheriff as a Temporary Part-Time
16
Court Bailiff or a Logistical and Technical Support Officer without
17
loss
18
Retirement
19
circumstances
20
during
21
Plan.
of
retirement
Plan
such
can
otherwise
benefits
because
any
of
such
from
retiree
the
Corrections
Section 2. Chapter
120
(General
Part
V
may
Corrections
acquire
for
Plans),
Corrections
re-employment.
employment
Pension
qualifies,
the
such
the
the
Officers
who
of
to
14
Plan,
retiree
ordinance
contrary,
Retirement
officer
or
13
22
any
any
*
time
(General
and
re-
Officers
Under
service
Officers
Employees
be
no
credit
Retirement
Corrections
23
Officers
Employees
Defined
24
Contribution Plan), Ordinance Code, is hereby created to read as
25
follows:
26
CHAPTER 120. GENERAL EMPLOYEES AND CORRECTIONS OFFICERS
27
RETIREMENT PLANS
28
*
29
PART V. GENERAL EMPLOYEES DEFINED CONTRIBUTION PLAN
30
Sec. 120.501.
*
Plan Established.
7
*
1
There
is
hereby
Plan,
created
known
as
the
a
General
DC
Plan,
Employees
effective
Defined
2
Contribution
as
of
3
beginning of the first full pay period after October 1, 2008.
4
Sec. 120.502.
the
Membership.
5
Membership shall be comprised of all general employees of the
6
City as defined in Section 120.201(m), Ordinance Code, who are not
7
enrolled in another City-sponsored retirement program.
8
hired on or after the beginning of the first full pay period after
9
October 1, 2008 shall initially be members of the DC Plan unless
make
an
irrevocable
election
to
enroll
in
All persons
10
they
the
11
Employees Retirement Plan as provided in Section 120.508.
12
Sec. 120.503.
General
Contributions.
13
Member contributions shall be seven and seven tenths percent
14
(7.7%) of earnable compensation as defined in Section 120.201(l) of
15
the Ordinance Code.
16
than contributed as provided in Section 414(h) of the Internal
17
Revenue
18
necessary to maintain the City’s exemption from Social Security,
19
but not less than seven and seven tenths percent (7.7%) of earnable
20
compensation.
21
after-tax basis, to the extent permitted by law.
22
rollover to the DC Plan benefits accrued in other qualified plans
23
consistent
24
Revenue Code.
25
Sec. 120.504.
Code.
The
Member contributions shall be picked up rather
City
Members
with
the
shall
may
then
contribute
make
additional
prevailing
the
minimum
amount
contributions
provisions
on
an
Members may also
of
the
Internal
Vesting.
26
Members of the DC Plan shall be twenty-five percent vested
27
(25%) upon the conclusion of two (2) years of credited service and
28
shall
29
thereafter until fully vested upon the conclusion of five (5) years
30
of credited service.
31
Sec. 120.505.
vest
an
additional
twenty-five
percent
Administration of the DC Plan.
8
(25%)
each
year
1
The City shall be responsible for the Administration of the DC
2
Plan.
3
Sec. 120.506.
4
(a)
Investment of Member Accounts; Member Education.
All members of the DC Plan shall have individual member
5
accounts.
Member
accounts
6
commingled or mutual funds selected from a list chosen by the City.
7
At least one such fund shall be a diversified model portfolio, with
8
automatic
9
minimize
rebalancing
risk
of
and
loss.
be
limited
The
City
in
the
invested
shall
diligence
11
replacement
12
investment decisions of DC Plan participants.
(b)
of
investment
in
volatility,
10
13
responsibility
shall
options,
and
have
selection,
but
not
one
or
more
designed
continuing
monitoring
for
the
to
due
and
individual
The City shall provide, on an ongoing basis, educational
14
programs for members on investments and financial planning.
15
the first nine months of employment of each new City employee, the
16
City shall contact the employee five times and invite him or her to
17
attend
18
General
19
failure by the City to make such contacts shall not result in any
20
liability on the part of the City to any employee.
21
an
(c)
educational
Employees
presentation
Retirement
regarding
Plan;
provided
the
During
DC
Plan
and
however
that
any
The System, the City and the Board of Trustees shall not
22
incur any liability arising from the investment decisions of DC
23
Plan participants.
24
Sec. 120.507.
25
Prohibited; Exemption from Claims of Creditors.
Loans
and
Qualified
Domestic
26
(a)
Member loans shall not be permitted.
27
(b)
Qualified
domestic
relations
orders
Relations
(QDRO)
Orders
for
the
28
distribution of marital property rights shall not be permitted;
29
provided, however, this shall not alter the provisions of Florida
30
law relating to equitable distribution.
31
(c)
All
member
accounts
shall
9
be
exempt
from
claims
of
1
creditors, bankruptcy, insolvency, or legal process of any kind,
2
except for the payment of alimony, child support, or federal tax
3
levies as provided by law.
4
assigned;
5
payment
6
separation
7
benefit
8
employees association.
9
Sec. 120.508.
10
provided
of
a
of
or
retired
the
service,
program,
(a)
however,
portion
from
Member accounts may not be pledged or
to
for
members
accrued
the
the
may
retirement
payment
payment
of
of
any
dues
elect
direct
benefit,
upon
City-sponsored
for
the
retired
Irrevocable Election to Participate.
Members of the General Employees Retirement Plan may make
11
a one-time irrevocable election to transfer to the DC Plan and
12
members
13
period
14
Members so electing shall receive, in an individual member account
15
from the General Employees Retirement Plan, an amount equal to the
16
actuarial present value of the member’s then-accrued benefit in the
17
General Employees Retirement Plan, as determined by the actuary for
18
the
19
Retirement Plan is authorized to transfer assets of the General
20
Employees Retirement Plan to the newly created member account in
21
the DC Plan in the amount certified by the actuary.
22
shall
23
employment.
shall
of
service
System.
be
receive
The
made
credited
in
the
Board
within
service
General
of
Trustees
seven
calendar
in
the
Employees
of
days
the
DC
Plan
for
Retirement
General
after
the
Plan.
Employees
This decision
termination
of
24
(b)
Members of the DC Plan may make a one-time irrevocable
25
election
26
Such election shall be made not later than one (1) year from the
27
initial date of employment.
28
their
29
Retirement Plan and the member shall receive credited service in
30
the General Employees Retirement Plan for the period of service in
31
the DC Plan.
to
transfer
individual
to
accounts
the
General
Employees
Retirement
Plan.
Members electing a transfer shall have
transferred
10
to
the
General
Employees
1
Sec. 120.509. Participation in City’s Health Insurance Plan.
2
Retiree
members
of
the
DC
Plan
shall
be
entitled
to
3
participate in the City’s health insurance plan in the same manner
4
as a retiree of the General Employees Retirement Plan, beginning on
5
the next pay period following the date upon which the DC Plan
6
member retires from the City after attaining (a) age 50 with 20
7
years of credited service, (b) age 65 with five years of credited
8
service, or (c) any age with 25 years of credited service.
9
Sec. 120.510.
Compliance with the Internal Revenue Code.
10
The DC Plan shall at all times be maintained as a qualified
11
plan in accordance with the applicable provisions of the Internal
12
Revenue Code.
13
permitted under Section 415 of the Internal Revenue Code.
14
120.104
15
incorporated by reference.
16
of
Contributions shall not exceed the maximum amount
the
Ordinance
Section 3. Chapter
Pension
Code,
120
Plans),
to
(General
Part
VI
the
extent
Employees
(City
Section
applicable,
and
17
Officers
18
Ordinance Code, is hereby created to read as follows:
Corrections
Disability
Program),
19
CHAPTER 120. GENERAL EMPLOYEES AND CORRECTIONS OFFICERS
20
RETIREMENT PLANS
21
*
22
23
*
is
*
PART VI. CITY DISABILITY PROGRAM
Sec. 120.601.
Disability Program Established; Applicability.
24
Effective as of the beginning of the first full pay period
25
after October 1, 2008, there is hereby created a City Disability
26
Program, known as the Disability Program.
27
shall provide long term disability benefits as set forth in this
28
Part VI to all members of the General Employees Retirement Plan and
29
Defined
30
Part.
31
third-party insurance, self insurance, or both.
Contribution
Plan
except
as
The Disability Program
otherwise
provided
in
this
The Disability Program may be funded in whole or in part by
11
1
Sec. 120.602.
2
Members.
3
Members
Rights of Existing Disability Recipients and Plan
receiving
disability
benefits
as
of
the
date
of
4
implementation of the Disability Program shall continue to have
5
benefits
6
Members who first become eligible to receive disability benefits on
7
or after the date of implementation of the Disability Program shall
8
have benefits paid from the Disability Program and not from the
9
General Employees Retirement Plan, under the terms and conditions
paid
through
the
10
provided in this section.
11
diminished or reduced.
12
Sec. 120.603.
13
General
Employees
Retirement
Plan.
No rights of Plan members shall be
Transfer of Plan Assets to Disability Program.
Upon implementation of the Disability Program, the Board of
14
Trustees
shall
15
Disability Program assets equal to the accrued actuarial liability
16
attributable to the potential disability benefits of current active
17
employees should they ever become disabled, to be held in trust for
18
the
19
beneficiaries.
20
relieved
21
benefits except as otherwise provided in this Part.
22
Disability Program ever be repealed, the remaining assets, together
23
with any earnings, shall revert to the Plan, together with the
24
actuarial liability for benefits payable.
25
shall be deemed to relieve the City of the obligation to guarantee
26
payment of all disability benefit obligations accrued upon the date
27
of implementation of the Disability Program and the transfer of
28
disability retirees to the Disability Program.
29
Sec. 120.604.
exclusive
of
be
authorized
benefit
of
the
to
transfer
disability
from the
retirees
Plan
and
to
the
eligible
Upon transfer of the assets, the Plan shall be
any
further
liability
for
payment
of
disability
Should the
Nothing in this Part VI
Definition of Disability.
30
A member shall be disabled under the terms of the Disability
31
Program if the member has suffered an illness, injury or disease
12
1
which
renders
2
physically or mentally, from regular and continuous duty as an
3
employee or officer of the City. The term “regular and continuous”
4
as
5
employee or officer be able to perform all of the duties set forth
6
in the job description, but shall mean the ability to perform work
7
within
8
position has been made available by the City, consistent with the
9
physical or mental health of the member.
used
in
the
10
Sec. 120.605.
11
(a)
the
the
member
permanently
foregoing
employee
or
sentence
officer's
and
shall
totally
not
incapacitated,
require
classification
for
that
which
an
a
Disability Benefits.
In the case of a disability arising from an accident,
12
injury or illness incurred in the performance of service with the
13
City, the long-term disability benefits shall be equal to fifty
14
percent (50%) of the member’s earnable compensation at the time of
15
disability.
16
service-related disability.
17
(b)
There shall be no minimum period of service for a
In the case of a disability not arising from an accident,
18
illness or injury arising in the performance of service with the
19
City, the long-term disability benefit shall be equal to twenty-
20
five percent (25%) of the member’s earnable compensation at the
21
time of disability. In the event the member has more than five (5)
22
years of service, the non-service related disability benefit shall
23
be increased by two and one half percent (2.5%) of the member’s
24
earnable compensation for each year after five (5) years of service
25
to a maximum of fifty percent (50%).
26
service-related disability benefits for members with less than five
27
(5) years of service at the time of disability.
28
members separating from service shall receive a return of employee
29
contributions.
30
(c)
31
There shall be no non-
In that event,
Long-term disability benefits shall be payable until the
earlier of recovery and return to work or death; upon the death of
13
1
a member, the benefit shall be paid at 75 percent to the eligible
2
surviving spouse as defined in Section 120.207(a).
3
(d)
No
member
shall
be
eligible
to
receive
disability
4
benefits during any period of time that the member is receiving a
5
salary from the City. Disability benefits shall not be reduced
6
because
7
payments unless the sum of the disability benefits and workers'
8
compensation exceed the compensation on which workers' compensation
9
benefits are computed. In such case, the disability benefits shall
the
an
or
amount
was
receiving
which
when
workers'
added
to
compensation
be
11
compensation payment will equal the compensation on which workers'
12
compensation benefits are computed.
(e)
to
is
10
13
reduced
member
the
workers'
Disability benefits shall be paid bi-weekly. No benefit
14
shall be paid until the Pension Board of Trustees has actually
15
considered and approved the members' entitlement to disability.
16
(f)
No disability benefit payable from the Disability Program
17
shall be reduced by any outside income from any gainful employment
18
or occupation engaged in while disabled.
19
(g)
In the case of a member who is vested in the General
20
Employees Retirement Plan at the time of the disability, any time
21
service retirement benefit payments from the Plan shall be reduced
22
by the amount of disability benefit payments received, up to the
23
amount of the disability benefit.
24
retirement benefit payment exceeds the disability benefit payment,
25
the Plan shall pay the difference.
26
Employees
27
benefits and who dies prior to the date of eligibility for Plan
28
benefits, the employee contributions to the Plan shall be refunded
29
in accordance with the provisions of Section 120.203(h).
30
case of a non-vested General Employees Retirement Plan member who
31
becomes
Retirement
eligible
to
Plan
member
receive
If the accrued time service
In the case of a vested General
who
disability
14
is
receiving
benefits,
disability
the
In the
employee
1
contributions to the Plan shall be refunded in accordance with the
2
provisions
3
Retirement Plan members who are receiving disability benefits shall
4
not be entitled to any retirement benefits except as stated in this
5
paragraph.
6
Sec.
7
Employment; Review of Disability Applications.
8
9
of
Section
120.606.
(a)
right
to
120.203(h).
Pension
Board
of
Vested
Trustees
General
Employees
Oversight;
Return
to
The Pension Board of Trustees shall have the continuing
require
disabled
members
to
submit
to
a
medical
10
examination to determine that the member remains disabled. In order
11
for a member to be deemed recovered, the Board-approved physician
12
must
13
sufficiently recovered to again engage in gainful employment and
14
that the City has certified that it has a position within its work
15
force available for the member consistent with the member's medical
16
condition. The decision by the Board to examine some but not all
17
disability retirees shall not be deemed an abuse of the Board's
18
discretion or denial of equal protection of the law.
19
recommend
(b)
to
the
Board
of
Trustees
that
the
member
has
Upon finding that a member is no longer disabled, the
20
member
shall
21
previously occupied and shall be placed into the appropriate pay
22
rate based on cost-of-living (COLA) allowances and merit increases
23
which the member would have received but for the disability, as
24
determined by the City. The member shall again become an active
25
member
26
Contribution
27
There shall be no creditable service for any period of time in
28
which the member was receiving disability benefits. If the member
29
declines reemployment with the City, the member shall be deemed to
30
have
31
commenced. In such event, (i) the General Employees Retirement Plan
of
return
the
General
Plan,
terminated
to
as
work
at
the
Employees
applicable,
employment
on
rank
Retirement
if
the
15
same
Plan
reemployment
date
that
and
position
or
is
the
Defined
accepted.
disability
1
member may receive a return of contributions unless, prior to that
2
date,
3
greater than the amount of the accumulated contributions; and (ii)
4
the General Employees Defined Contribution Plan member may receive
5
the vested portion of his or her Defined Contribution Plan account.
6
the
(c)
member
has
received
Application
by
disability
made
10
question of disability and to discuss said records at a public
11
meeting. Upon receipt of an application for disability, the Board
12
shall
13
physicians.
14
submit
15
Board-designated
16
Pension
17
include a determination, to the extent reasonably possible, of the
18
origin of the disability, whether the disability is permanent, and
19
whether the disability is total. In making that determination, the
20
Board-designated physician(s) shall be bound by the definition of
21
disability in this section.
The
applicant
examination
Committee
shall
Board-designated
shall
and
Board
physician(s).
its
findings
Trustees,
which
the
shall
25
of
26
documentary
27
Committee shall make a preliminary determination as to whether the
28
member is permanently and totally disabled based upon the written
29
documentation presented. If the Committee does not recommend that
30
the Board of Trustees grant the application based on the written
31
documentation, it shall inform the member in writing of the reasons
evidence
as
Committee
physician(s),
the
applicant
16
board
The
public hearing at which time the Committee shall review all reports
designated
the
to
to
24
Advisory
of
required
physician(s),
board
report
of
be
licensed
23
Pension
the
report
three
(d)
the
of
than
shall
22
the
receipt
more
disability
the
physician(s)
Advisory
Upon
by
for
or
member
form
of Trustees to review the medical records needed to determine the
one
The
a
9
than
Trustees.
on
or
execute such medical releases as are necessary to permit the Board
less
of
be
to
8
not
Board
shall
equal
prescribed
to
Pension
benefits
7
appoint
the
for
disability
shall
together
may
wish
designated
schedule
with
to
any
submit.
a
such
The
1
for the denial of the application. The member may, within 30 days
2
of receipt of the Committee's preliminary denial, request a full
3
evidentiary
4
conducted consistent with the principles of due process and the
5
rules
6
proceedings shall apply. The Committee shall have the power to
7
issue subpoenas compelling the attendance of witnesses. At said
8
hearing the applicant may present such oral and written evidence as
9
the applicant deems necessary to establish its burden of proof. The
10
applicant and the Committee shall have the right to examine and
11
cross-examine
12
Committee shall be based solely upon the evidence presented and
13
applicable
14
Committee shall render an opinion in writing setting forth the
15
reasons for recommending the grant or denial of the benefit. The
16
Committee's recommendation shall be reported to the Board, which
17
makes the final determination. If the Committee recommends denial
18
of the disability benefit, the applicant may make a formal appeal
19
to the Board.
20
(e)
of
hearing
before
evidence
all
law.
the
generally
witnesses.
Following
The Pension
Committee.
Board
applicable
The
the
Said
to
recommended
conclusion
of Trustees
hearing
of
may
will
be
administrative
decision
the
of
the
hearing,
prescribe
the
rules of
21
procedure to implement the provisions of the Disability Program
22
relating to the conduct of disability hearings.
23
(f)
No member shall be granted a disability benefit upon a
24
determination by the Pension Board of Trustees that the disability
25
resulted from:
26
27
(i)
Excessive and habitual use of drugs, intoxicants or
narcotics;
28
(ii)
Injury
or
disease
29
illegally
30
insurrections, or while committing a crime;
participating
in
17
sustained
while
fights,
willfully
riots,
or
and
civil
1
(iii)
Injury
or
disease
arising
from
service
in
the
2
armed forces which entitle the member to disability benefits
3
from the former employer;
4
5
(iv)
Self-inflicted wounds or conditions.
Sec. 120.607.
Contributions to Disability Program.
6
A contribution shall be picked up on behalf of members equal
7
to three tenths percent (.3%) of the members’ earnable compensation
8
in the same manner as provided in Section 120.203 of the Ordinance
9
Code.
The
10
necessary
11
basis.
12
Sec. 120.608.
13
14
15
City
to
shall
fund
the
contribute
Disability
such
additional
Program
on
a
sums
sound
as
are
actuarial
Section 120.208 No Longer Effective.
Upon complete implementation of the Disability Program, the
provisions of Sections 120.208(a)-(o) shall no longer be effective.
Section 4.
Actuary’s Estimate, Impact Statements, and General
16
Observations.
17
Plan’s
18
Estimated Impact of Proposed Changes to Retirement System dated
19
October 17, 2007, (b) Impact Statements dated September 21, 2007
20
and October 17, 2007, and (c) General Observations of Plan Costs
21
Not Reflected in Impact Statements, dated October 24, 2007.
22
Actuary
Section 5.
A copy of the following documents provided by the
are
attached
hereto
Effective Date.
as
This
Revised
Exhibit
Ordinance
shall
1:
(a)
become
23
effective upon signature by the Mayor or upon becoming effective
24
without the Mayor’s signature.
25
26
Form Approved:
27
28
/s/
Steven E. Rohan_________
29
Office of General Counsel
30
Legislation Prepared By: John Germany
31
G:\SHARED\LEGIS.CC\2008\sub\2007-1136 Finance Sub Pension Choice Plan.doc
18