HomeMy WebLinkAbout1572 ORDINANCE NO. 1572
An ordinance creating and establishing a retirement and pension system for.
cert~ain superannuated and disabled officers and employees of the ~ity of Bremen'
ton; providing for the payment of retirement allowances; prescribing the ,conditi0n~
on wt~ch said ~lowances shall be paid; fixing rates of'contribution and providing
for the adjustment thereof; and providing for the administration of said system.
TItE CITY OF BRE~RTON DOES' ORDAIN: ·
8ecti :n 1. The purpose of this ordinance is to establish a retirement and
pension system for superannuated or totally and permanently disabled officers
and employees of thc Olty of bremer~on.
Section 2. Unless a different meaning is plainly required by the 'context,
the following words and phrases as hereinafter used. in this ordinance shall have
the following me~,ings:
(a) "Retirement system" shall mean Bremerton employees' retirement system,
porvided for in section 3 of this ordinance.
~.. (b) ~ployee sh.~[~ .mean. any regularly appointed of ~. g arly
~n~$d~emplovee of~*~ftf~9~ Bremerton, serving :~der Civi.~ Service ~o ooint-
(c). "Member" shall mean-an~ person ~ncluded in the m~bersh~p of the
tirement s~stem as p~'ovided In Section 4 of this ordinance.
(d) "Oit[" shall mean the City of Breme~ton. ·
(e) "Board" shall' mean "board of s~inistrstion" as provided in Section 9
of this ordinance.
(f) "Retirement fund" S~all mean "em~loyees~ retirement fund" as created and
established in Section 8 of th~s ordinance.
(g):~.;~~:~~fL ~hall mean service rendered to the airY' ro~ compensation
bion
official, and Shall a~so f. nclUde 'm~litar~'.o~ngv~[,~.v'~ce of a m~er::'~o ~'e
(i) "Continuous.service".shsll mean uninterrupted employment by the citY,
except th'at discontinuance of city service of a.memher caused by lay~off, leave
absence, suspension, or dismissal, followed by re-entrance into ci2y .service
within one year, shall not cotmt as a break In the continuity 'of service'; provided
that For the purpose of establishing'membershiP in the retirement system, con-
tinuous service shall mean six (6) months, service in any one year.
(j) "Beneficiary" shall mean any person in receipt of a pension, a~uity,
retirement allowance, disability allowance, or any. other 'benefit provided in this'
ordinance.
(k) "Compensation" shall mean the compensation payable 'in'ca,h, plus the
monetary value, aS determined by 2he Board of ~inistrstion, of ~y allowance
in lieu thereof, but such compensation shall not exceed Four Hundred Dollars
($400.00) per month.
(1) "Compensation earnable" by a member sh~ll mean the average compensation
as determined, by the Board of Administration upon the basis of the average period
of employment of mem0ers in the s~e group or class of employment and ~t the
s~:e rate of pay, but such "compensation earnable" shall not exceed Four I~undred
Dollars (~ 0.00) per month.
(m) ~z~a! ~om~ensa.t~on" st)al~ mean the aver. a~e annual compensatlon~.earn-
able ~y a ' - g --. ,.~ ~ .) y dia.tely preceding his reti~lnt.
memoer aur~na the t~,. 10 ears imme
(n) "Norma~ contributlon~" ~hall mean contrlbufion~ ~t the .rate ~vided
for in subdivision (s) of Section 5 of this ordinance.
(o) "Addltion~l cont~ibUt!ons" shall mean the cont~ibutions provided for '
i~ subdivision (d) of Section 5 of this ordinance.
Ordinance No. 1572 (cent)
(p) "Regular Interest," unless ch,anged by the Bomrd of Administration as
provided in Sect!dh 7 of this ordinance, shall mean such rate of interest as
may be adopted, b~ the Board f~m time to time.
(q) "Accumulated normal contribution" shall mean the stwn. of all normal
contributions, deducted from the compensation of a member, standing to the
credit of his individual account, together with regular interest thereon.
(~b,) "Accumulated additional contribution" shall mean the stum of all
additional contributions, deducted from the compensation of a member, standing
to the credit of his individual account, together with regular interest thereon
(s) "Accumulated contributions" shall mean accumulated normal~ contributio~
plus accumulated additional contributions.
(t) "Pension" shall mean payments derived from contributions made by the
City as provided for in sections 14 and 16 of this ordinance.
(u) "Annuity" shall mean payments derived from contributions made by a
member as provided in Sections 14 an8 18 of this ordinance.
(v) "Retirement allowance" shall mean the pension plus the annuity.
(w) "Fiscal year" shall mean any year commencing with January l, and
ending with December 51, next following.
(x) "Creditable service" shall mean such serVice as is evidenced by the
record of normal contribut].ons received from th~ employee, plus prior service
if credit for same is still intact or not lost through withdrawal of accumulate.
normal cOntributions as provided in Section 12 of this ordinance.
Section 3. ESTAFLISIIi~ENT AND NA~E 0F RETIRE~.F~T SYSTEM. ~tirement
system, is hereby created and established, to become effective~.~. l, l~
and to be known as "Bremerton ~ployees' Retirement System" provided, however,
tt.this ,%~cSion shall not be construed as preventing the performance before
. l, ~] of any preliminary work w~cht he city Council or the Board of
Administration shall deem necessary.
Section 4. MEMBERSHIP IN RETIRT.NENT SYSTEM.
(a) With the exception of those employees who arc,eluded from member-
ship as herein provided, all employees shall be come me~rs of the retirement
system as follows: ~ ~
~ff.5~ (1) Every employee in city service as defined in this ordinance,
o~_ ~._. i, ~, shall become s member of the retirement system on that
(2) Every employee who enters or re-enters city service 'after Sept.
l, 1944, shall be c oma a member of the retirement system upon such entr~c
or re-entrance.
(b) The following shall be specifically excluded from the provisions of
this ordin~ce:
(1) ~Iembers of the Police Oepartment who are entitled to the benefits
of the Police Relief and Pension Fnnd as established by state law.
(2) Members of the ~'ire Department who 'are entitled to the Cenefits
of the Fireman's Relief and Pension Fund as established by state !aw.
(c) It shall be the. duty of the head of each office or department of the
city to give i~ediate notice in writing to the Board of Administration office
change in status of any member of his office or department, resulting fro~
transfer, 2romotion~ le~'ve of absence, resignation, re~statement, dismissal
or death. The head o~ each office or department shall ~..rnish ~,ch other
i. nf~rmat~on concerning any member as the board may req
(d) Each ~e~ber ~'-~ ',, s,,bj~ct to all the provisions of this ordinance
and to al! the rules and regulations adooted by the Board of Administration;
Should the city service of any w~ber, in any pa~iod of ten (10) consec,~tive
years, amoz~nt to less than five (5) years, or should he withdraw ~ore thaa one
quarter of his acc~ulated contributions, or should he ~ ~ ~ ~qt~'r~", ~,e_
shall' thereupon cease to be a member.
Section 5. CONTP. lo~ICI~S. .
(a) The no~.al rate of co~t:'~b~iton of mc~[~b~s shall be thos~ -:~do~ted
by the Board of ~ministrst~on, m~bjsct to the approval of the City Council,
and for the first fi~e-yesr periad s~ab ra&~ ~l~a!l be based on sex and on age
of entry into the retirement system, which age shall be the age at the birthday
nearest the time of entry into the system. The rates so adopted shall remain
in full force and effect until revised or changed by the Board'of A~inistratioj
Ordinance No. 1572 (cent)
in the manner provided in Section 7 of this ordinance. The normal-rates of con-
tribution shall be so fiy. ed as to provide an annuity which, together with the
pension orovided by the city, shall give as nearly as may be a retirement
allowance at the age of s~xty-two (62) 'years, of one ~d one-third per cent (1-1/
of th~ final compensation multiplied by the n~ber of years of service of t~e
retiring, employee. The normal rate established for age sixty-one (61) shall be
the rate for any member who has attained a greater age before entry into the
retirement system. Th~ normal rate of contribution for age twenty (20) sh~'l
be the rate for any member who enters the retirement system at any earlier age.
(b) Subject to the provlsi-~ns of th~s ordin~ce, the Board of A~instration
shall adopt rules and regulations governing the making of dedutions from the
compensation of emplsyees and shall certify to the head of e~ch office or depart-
ment the normal rate of contribution for each memOer provided for in subdivision
(a) of this section. The head of the department shall ~ply such rate of contri-
bution to so much of the compensation of a member as does not exceed Pour Hundred
Dollars (,~400.00) per month, and shall certify to t~'~e City Clerk. on each ~d ever
payroll the amount to be contributed and shall furnish im~nediatety to the board-
s copy of each and every payroll; and eac~h of said amounts shall .be deducted by
the City Clerk, and shall be paid into the retirement fund, hereinafter provided
for, and shall be credited by the board together with regular interest to an
individual account ,~f the member for whom the contribution was made. Regular
interest shall be credited to each individual account at such. periods as the boar
may determine.
Every member shall be deemed to consent and agree to the contribution made
and provided for here~n, and shell receipt in full for his salary or compensation
Payment less said contribu.tlon shall be a ~ull and complete discharge of all '
claims and demands whatsoe~er for the service rendered by such person during the
period covered by such payment, except his claim to the benefits to ,,'~ hich he
may be entitled under the provis.~ons of this ordinance.
(c) At the end of each payroll period, the board shall determine the
aggregate amount of the normal contributions for. m.~ch period, and shall certify
such aggregate to the City Clerk, who shall th. ereupon transfer to the retirement
fund, hereinafter provided for, from the money appropriate] for that purpose in
the ~.udget for the fiscal year, an~' amount equal to the aggregate normal contri-
butions for the period received ~rom members.
~,. (d')~ Any member may elect to contribute at rates in ~xces.s ofthose, proVided
~in subdivision (a) of ta~s section, for the purpose oi providing additional
~efits, b~t the' exercise el this privilege by a member shall not'pi'ace on the
~ity' any additional financial obligation. The Board of A~hinistration, upon
~'Zapplication, shall furnish to such member information concerning the nat~e and
amount of additional benefits to be provided by such additional contribution.
~/ Section 6. ALLOWANCE FOR SERVICE.
(a) Subject to the followinG and all other prov~.sions of this ordtn~ce,
including such rules and regulations as the board shall adopt in pursUance thereo
the board,' m~bject to th~ ~proval of the City Council, shall determine and may
modify allowance for' se~,~2~,
Time during which~~ent on leave without pay shall not be allowed tn
computing service; provided, however, that any member shall be given credit for
any period served by him in the Nat~ onal Guard or in the United States Army,
Navy, or Marine Corps, upon the call of the President, if at the time of such
service such member was a regular employee under leave of absence. Certificate
of Honorable Discharge from ~nd/or documentary evidence of such service s~all be
~ subm!tted to the board in order to obtain~ credit for such service.
Each member shall file ~ thee board such infor~ation affecting his status
as a member of the retirement system as the board may require,
~an?,~if,~?h ~ntry is within one year'after rendering city service prior
~ept i, 1~44; Provided, however, that the board may grant credit for prior
to t'hose entering the retirement system after Sept. 1, 1944, where the emplo'[ee,
because of sickness or other disability, has been on leave of absence, regularly
.granted, since discontin~snce of city service, regardless of the length of such
leave. No prior ~ervice sredit shall be used as a basis f'or retirement or other
benefit unless the membership continues until retirement on a retirement allow-
~ce or until the graating of other 'benefits.
Section 7. AD~fINISFRATION OF SYSTEM. The administration of th~ retirement
system is hereby vested in the Board of A~inJstrstion created in Section 9 of
this ordinmnce. The board shall exercise the powers and duties conferred upon.
Ordinance N~.. 1572 (cont)
it by said section, and in addition thereto:
(a) The board shall keep in convenient form such data as shall be r~ cessar~
for the actuari'al valuation of the retirement fund created by this ordinance.
At the end of the five-year period beginning with the year 1944, and at the end
of every five-year period thereafter, or oftener if the City Council ~hail deem
it necessary, the board shall cause to be made an actuarial, investigation into
the. mortality, service and com?snsatlon experience of the members, and beneflcf-
aries as defined by this ordinance; and shall further cause to be made an actuari
valuation of the asse~Y and liabilities of the retirement fund, and upon the
basis of such investigation .sn~ valuation and subject to the approval of the
City Co~mcil, shall:
(1) ~ake any' necessary changes in the rate of interest.
(2) Adopt for the retirement system such mortality, service and
'other tables as shall be necessary.
(3) Revise or c.~ange the rates of contribution by members on the
basis of such mortality, service, smd other tables.
(b) The boar5 shall promptly transmit to the City Council a report covering
the actuarial investigation az.d netserial valuation provided for in m.~bdivision
(a) of this section.
(c) In addition to other records and accounts, the .boa~d shall k~ep such
detailed reports an~ accounts as shall be necessary to .show the financial con-
dition of the retirement fund at ell times.
(d). The board shall a~uuml_ly transmit to the CityCouncil a report showing
the financial co_~dlt~.on o~' the f~md establi, sb.e~ by this ordinsmce.
Section 8. CREATiOI.' OF ~G~ND. A fund is hereby crested and established to
be know, as the "Ekaployees' ?~t~ement Fun~," and ~hall consist of all t_h~ ~,moneys
paid into it in accorUance with t~e p,-ovisions of this o~-dinance, whether such
moneys .shall ~,ake the form of cash, 'securities, or other asseets.
Section 9. CREArlCE OF ~OARD 0~,'~ AD.~'f, INISTRAP!0N.
(a) There is hereby created s~d established a Board of Ac~inistratlon,
'which shall under the provisions of this ordinance and the d-~reCtl, on of' the
Council, administer the retirement system a.u,~ t~e retirement fu,~.d created by
this ordinance, Un4er and p'ul~suant to the direct!om of the C~t~y Co,mc!l, the
board shall provide for the proper investme~t of thc moneys in 'the sai~ retlremen
fun~.
('b) The Bo:.rd of ~d~:!nistrat!cn shall consist of sev~n (7) ~!embers, as
follows: Three (3) members appointed by thc 0ibm Co,~.cil, o~'~e .of whom shs!l be
Commissioner of Finance, to s~rve at the pl~s~re of the Cit.y Co~ncil; and Three
(3) employees who are eligible 'bo m~mbershlp in the retirement system, to be
elected by the employees. The sba'we si3: members shall appoint the seventh
member, who shall not be 91~ elective official or an employee of' the eiby.
In case of vacancy in office or inability of m'~y of said Board to .attend
to the duties thereof, the City Council shall designate or appoint another person
to supp,~y the vacancy of any members of the Bo.srd appointed by it, but the place
of any of the three elected city employees shall be ff. lled by appo~.ntment made
by such remaining elective members, and the position of the appointive men, her
shall be filled by appointment of the Achm!nistrative Board for the une.×pired
term, An appointment to fill the vacancy of an elective members hall continue
only until the next annwal election when a successor shall be elected to fill the
enexplred term of such elective member.
The City Clerk of the City of Bremerton shall .canduct an election each year
for the election of one such employee of the "Cit~ of Bremerton to the Board of
Administration. The term of office shall be for three years. Not more than
thirty nor less than fifteen days prior to the second Tuesday in april of each
year the said City Clerk 'shall post notices of nomination of any such employee
of the City ~'or membership on saic] Board. Each notice of nomination shall be
filed with the City Clerk and shall be signe,~ by not less than twenty omployees
of the City of Bremerton, and nothing herein contained shall prevent any such
employee from signing more than one notice of nomination. .Said election shall
be held on a date to t:e fixed by the City Clerk and shall not be less than five
days nor more than ten days before the second T~esday of April in each year.
No'ice of the dates upon which said notice of nominations may be filed and the
date fixed for the election of said member of sa!~! board shall be given by the
City Clerk by posting written notice thereof in a prominent place in the off'ice
of the said City Clerk. For the purpose of said election, the City Clerk shall
prepare and furnish printed or typewritten ballots in the usual form containing
the names of all persons regularly nominated for such membership anm shall
furnish a ballot box or ballot boxes for said election.. The City Clerk may
desig, nate any employee or employees of the city of Bremerton as his depute, es
or assistants for the purpose of conducting said election.
Ordin~ce No., 1572 (cont)
Each em~loyee of ~ib~'-o£, ~m~.,rten shall b~ entitled to vote at said
election for one person as a member of said board. The City Clerk shall appoint
two employees of the City of Bremerton as officials of said election who shall
be allowed their regular wages for said day, but shall receive no additional
compensation therefor. Said election shall be held in the office of the City
Clerk in the City Hall, and such other places outside of the City Hall as shall
be designated by the Clerk as aforesaid. The polls small be open from ?:30 a.M.
and close at 8:30 p.M. and the nominee receiving the highest number of votes
at said election shall be declared elected a member of said Board, and his
term shall commence on the first Monday in September following said election,
provided that n~9.t~9~or~e than thirty days after the taking effect of this ordin-
ance a special.a-Il-be held to elect three members of said Board, one to serve
until the first Monday in September 19A~, one to serve until the first Monday
in September lgAS, and one to serve until the first Monday in September l~AT.
The ~ity Clerk shall fix the time for the filing of notices of nominations
allowing not less than five days for that purpose and shall fix the date for
said special election, which shall not be less than five days after the ex-
piration of the time fixed for the filing of notices of nomination. Said
special election shall in every other respect be governed by rules of this
section providing for the holding of the regular election of members of said
board.
That within five days after the special election heretofore mentioned the
elected members shall meet with the three members of the Board specifically
designated, whereupon a seventh member shall be appointed by the then six
members of the Board, to serve for a term of four years.' The Board shall then
enter upon its duties and elect a Chairman and Secretary, and adopt such rules
and regulations and perform such acts as shall be necessary.
(c) The investment of all or any part of the retirement fund shall be
subject to the terms, conditions, limitations and restrictions imposed by the
laws of the State of Washington upon the making of investments by savings banks;
Provided, that the board may invest in any of the bonds or warrants issued by
the city including local improvement bonds and warrants and utility b~nds and
warrants.
(d) Subject to such provisions as may be prescribed by la~ for the depostl
of municipal funds in banks, cash belonging to the retirement fund may be
deposited in any licensed national bank or in any bank, banks or corporations
authorized or licensed to do a banking business and organized under the laws of
the State of Washington.
(e) The City Treasurer shall be the custodian of the retirem.~t fund.
All payments from said fund she'll be made by the City Treasurer but only upon
warrant duly executed by the Oity Clerk.
(f) Except as herein provided, no member and no employee of the Board of
Administration shall have any interest, direct or indirect, in the making of
any i~vestments from the retirement fund, or in the gains or profits accruing
therefrom. And no member or employee of said board, directly or indirectly,
for himself or as an agent or partner of oth~..rs, shall borrow any of its funds
or deposits or in any manner use the same except to make such current and nec-
essary payments as are authorized by said board; nor shall any member or
employee of said board become an endorser or surety or become in any manner an
obligor for moneys invested by the board.
Section lC. PRIOR SERVICE LIABILITY. (a) There shall be paid into the
retirement fund by contributions of the city, the amounts necessary to pay all
pensions and other benefits allowable under this ordinance to members on
account of prior service, and minimum allowances provided for in Sections 14 an~
16 of this ordinance. Until the amount accumulated in the retirement fund
becomes at least as large as the present value of all amounts thereinafter
payable from said fund the amount annually due to the said fund under this secti
shall be the amount payable from said fund in the ensuing fiscal year on account
of prior service and minimum allowances.
Section ll. PAYMENTS DUE, OBLIGATION OF CITY.
The payments of the city due the retirement fund as provided for in this
ordinance are hereby made obligations of the city as defined in this ordinance.
The board shall annually, on or before the 10th day of September each year,
prepare and submit to the City Council an estimate of the amounts necessary to
meet such obligations, and the City Council shall provide for the raising of
such amounts as are necessary to make such payments.
Section 12. REFUND OF CONTRIBUTIONS. (a) Should the service of a member
be discontinued, except by death or retirement, he shall be paid no later than
six (6) m~nths after the day of discontinuance such part of his accumulated
contributions as he shall demand: Provided, however, that a member may appeal
Ordinance No. 1572 (cont)
to the board and by unanimous vote, the board may grant a request for immediate
Withdrawal of contributions. If in the opinion of the board said member is perm.
anently separated from city service by reason of such discontinuance he shall
be paid forthwith all of his accumulated contributions with interest: And pro-
vided'also, that the board may, in its discretion, withhold for not more than
one (1) year after the member last rendered city service all or part of his
accumulated normal contributions if after a previous discontinuance of city
service he withdraw all or part of his accumulated normal contributions and fail~
to redeposit such withdrawn amount in the retirement fund as provided in this
section: Provided, further, that the amount deposited by the city in the re-
tirement fund for such member's benefit plus interest shall be retained by the
system towards meeting the obligations of the clty on account of prior service.
Any member may re-deposit in the retirement fund an amount equal to that which
he previously withdrew therefrom at the last termination of his membership,
such re-deposit to be paid~into the retirement fund in accordance with rules
established by the board. If an member upon re-entering the retirement system
after a termination of his membership shall not make such a re-deposit as here-
tna§Ove provided, the rate of his contributions for future years shall be the
normal rate provided for in subdivision (a) of Section 5 of this ordinance
at his age of re-enteance; otherwise his rate of contribution for future years
shall be the same as his rate prior to the termination of his membership. In
the event such re-deposit is made by a member, an amount equal to the accumulate,
normal contributions so re-deposited shall againbe held for the benefit of said
member, and shall not longer be included in the amounts available to meet the
obligations of the city on account of benefits that'have been granted or liabili·
that have been assumed on account of prior service of members, and the city
shall reinstate the prior service credit for such member.
Section 13. SERVICE RETIREMENT. Retirement of members for service shall
be made by the Board of Administration as follows:
(a) Each member in the city service who, on or before Sept. l, 1944 has
attained the age of seventy (70) years, shall be retired on the first day of
October, 194~, and each member who shall thereafter attain the age of seventy
(70) years, shall be retired on the first day of the calendar month next succeed.
ing the month in which he attains the age of seventy (70) years, provided, how-
ever, that the Board of Administration may from year to year grant to any member
an extension of time for retirement upon request of the head of the department i~
which the member is employed. Such extension, however, shall not exceed a total
period of three (3) years.
(b) Any member in the city service may retire by filing with the board a
written application, stating when he desires to be retired, such a~Plication to
be made at least thirty (30) days prior to date of retirement: Provided, how-
ever, that said member, at the time specified for his retirement, shall have com.
pleted ten (10) years of city service as defined in this ordtnsnce, and shall
have attained the age of sixty-two years (62), or shall have completed twenty-
five (28) years of city service as defined in this ordinauce. Permanent discon-
tinuance of city service after age of sixty-two, shall entitle the member to his
retirement allowance: provided, that such employee has had at least ten (10)
years of city service to his credit: And provided further, that permanent
discontinuance of.city service after the completion of twenty-five (25) years
of city service shall entitle the member of his retirement allowance as provided
for in Section 14.
(c) Provided, however, that no member shall be entitled to retire for
service under this section within a period of three years from the effective date
of this ordinance unless the Board of Administration shall determine that such
retirement will be for the good of the service.
Section 14. ALLOWANCE ON SERVICE RETIREMENT.
(a) A member, upon retirement from service shall receive a retirement
allowance subject to the provisions of paragraph (b) of this section, which shall
consist of:
(1) An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement,.
(2) .A pension purchased by the contributions of the city, equal to
the annuity purchased by the accumulated normal contributions of the member.
(3) For an~ member having credit for prior service an additional
pension, purchased by the contributions of the city equal to one and one-
third per cent (1 1/3%) of the final compensation, multiplied by the number
of years of prior service credited to said member, except that if a member shall
retire before attaining the age of sixty-two (62) years, the additional pension
shall be reduced to an amount which shall be equal to a lesser percentage of
final compensation, multiplied by the number of years of prior service credited
to said member, which lesser percentage shall be applied to the respective ages
of retirement in accordance with the following tabulation: ~
Ordinance No. 1572 (cont)
Retirement Age Percentage
62 1,
61 1.225
6O 1 ~ 1 Z9
59 li045
58 .966
56 .855
55 ,779
54
5~ · i 681
5z ,6~9
51 .6oo
50 .565
(b) If the retirement ~llow~ce of the member as provided in this sectio~
exclusive of ~y ~nuity purchased by his ~cc~ulated additional con~ribution8
is in excess of two-thirds of his final salary¢ the pension of the m~ber,
purchased by the contributions of the, city, shall be reduced to such ~n ~o~
as sh~l m~ke the m~mber's retirement allow~ce, exclusive of ~y ar~uity
purchased by his ~cc~uleted additilonal contribu~ions, equal to
his final salary, ~d in no event more than ~125.00, ~d the ~ct~ial equivale
of such reduction shall remain in the retirement fund to the credit
(c) ~y member who enters the retirement system on Sept. 1, 1944, or who
enters after th~ date and ~o is given the credit for prior service, and ~ho
is retired by reason of ~ttaining the age of seventy (~0) years, sh~lI rec$1~e
such eddition~l pension on accouht of prior service, p~chased by the contribu
~ions of the city, as will make his total retirement allo~ce not less than
Four H~dred T~enty ~llars (~20.00) per year.
(d) ~y member who, at the time of his retirement, has at least ten (10)
years or creditable service, as defined in this ordinance, and ~ho has atteine
the age of sixty-five (65) years or over, sh~ll receive such additional pensio:
purchased by the con~ributlons of the city, as will make his total retirement
allow~ce not less th~ Four H~dred Twenty ~ll~rs (~420.00) per year.
Section 15. DISABILITY RETIREMENT: ~y member while In city service may
be retired by ~he ~ard of A~inis~ration for permanent end total disability,
either ordinary or ~ccidentaI, upon ex~ination, as rollows~
(~) ~y m~ber who had no~ attained the age of sixty-t~o (62) years and
who has at least ten (10) years of city service, es defined in this ordinance,
to his credit: Provided, that the required ten (10) years of city service
shall have been credited to t~e member over a periof of not to exceed fifteen
(15) years i~edtately preceding retirement, ~ithin three (5) months after the
diecontinuence of city service, or while physically or mentally incapacitated
for the performance of duty, if such incapacity has been continuous f~m dis-
continuance of city service, shell be ex~ined by e physician or surgeon,
appointed by the Board of A~inistration upon ~e application of the head of
the office or department in which s~id member is employed, or upon application
of said member, or a person acting in his behalf, stetin~ t~t said member
permanently ~d totally incapacitated, eith physically or mentally, for the
preformance of duty and ou~h~ to be r~tired. If such medical ex~ination
to the satisfaction of the board, that the said member ts pe~anently and
totally incap~citated either physically or mentally rot the per~orm~ce
duty ~d ought to be retired, the board shall retire the s~ld member for dis-
ability for th~tth.
(b) ~e board shall secure such medical services end ~dvice as it
deem necessary to carry out the purpose of this section ~nd of section 17 of
this ordinance and shall p~y rot such medical services ~d advice such compen-
sation ~s ~e board sh~ll deem reasonable.
Section 16. ~LOWANCE ON DISABILITY RETIR~ENT.
(a) Upon retirement for ~isability, as herein above provided: Provided,
the disability is not due to intemperance, wilful misconduct or violation of
law, of which the board shall be the Judge, a m~ber shall receive a retiremen
allow~ce which shall consist of:
(1) ~ annuity which shall be the actuarial equivalent of ~s acc~.
ulated contributions at ~e time of his retirement.
~(2) A pension purchased by the contributions of the city; which,
together with~his annuity provided by his acc~ulated no~al contributions,
shall make the retirement allowance, exclusive of ~e a~uity provided by his
additional contributions equal to one and one-f~rth per cent (1~%) of his fin~
conpensattcn multiplied by the n~ber of years of service which wo~d be credi~
able to him were his services to con~inue until attaf~ent by him ob age sixty
two, but such retirement allowance shall not exceed one-fourth of such final
compensation except where such one-fourth is less than Four H~dred Twenty
~llars (420) per year, then the m~ber shall receive the minim~ dtaabilitv
Ordinance NolB?2 (cont)
retirement allowance of Four Hundred Twenty Dollars ($420.00) per year.
~ If disability is due to intemperance,
wilful
misconduct
violation
of law on the part of the member, the Board of Adminstration in its discretion
may pay to said member in one lump s~, his accumulated contributions, in lieu
of a retirement allowance, and such payment shall constitute full satisfaction
of all obligations of the city to such member, and upon receipt of such payment
he shall cease to be a member of the retirement system.
(c) Upon the death of a member while in receipt of a disability retirement
a~lowance,~his accumulated con~ribuitions, as they were at the date of his
retirement, less any annuity payments made to him, shall be paid to his estate,
or to such persons having an insurable interest in his life as he shall have
nominated by written designation duly executed and filed with the board.
Section l?. SAFEGUARDS OF DISABILITY RETIREMENT.
(a) The Board of Administration may at its pleasure require any disability
beneficiary under age sixty-two (82) years to ~mdergo medical examination to be
made by a physician or surge6n appointed by the board, at a place to be designat
by the board. Upon the basis of such examination the board shall determine
whether such disability beneficiary is still totally and permanently incapactta
either mentally or physically for service in the office or department of the cit
wher~ he was employed or in any other city service for which he is qualified.
If the Board of Administration shall determine that said beneficiary is not
so incapacitated, his retirement allowance shall be cancelled and he shall be
reinstated forthwith in the city service.
(b) Should a disability beneficiary re-enter the city service and be eligi
for membership in the retirement system in accordance with subdivision (a),
Section A, of this ordinance, his retirement allowance shall be cancelled., and
he shall immediately become a member of the retirement system, his rate of con-
tribution for future years being that established for his age at the time of
re-entry. His individual account shall be credited with his accumulated contri-
butions less the annuity payments made to him. An amount equal to the accumu-
lated normal contributions so credited to him shall again be held for the
benefit of said member and shall not longer be included in the amounts available
to meet the obligations of the city on account of the benefits that have been
granted and on account of prior service of members. Such member shall receive
credit for'prior service in the same manner as if he had never been retired for
disability.
(c) Should any disability beneficiary under age sixty-two (~) years refus
to submit to medical examination, his pension may be discontinued Until his
withdrawal of such refusal, and should refusal continue for one year, his retire
ment allowance may be cancelled. Should said disability beneficiary, prior to
attaining age sixty-two years, engage in a gainful occupation not in city
service, or should he re-enter the city service and be ineligible for member-shl
in the retirement system in accordance with subdivision (b) of Section 4 of
this ordinance, the board of Administration shall reduce the amount of his retir
lent allowance to an amount, which when added to the compensation earned by him
in such occupation shall not exceed the amount of the final compensation on the
basis of which
~.~ ~Q~i~L~~e~ee,~a~-~e.~ame~ne.~pen~ri-ch he was originally retired,
but which, subject to such limitation, shall equal when added to the compensatio
earned by him, the amount of his final compensation on the basis of whi,~h his
retirement allowance was determined. When' said ~isability beneficiary reaches
the age of sixty-two (82) years, his retirement allowance shall be made equal
~o the amount upon which he was originally retired, and shall not again, be
modified for any cause except as provided in Section 2Z hereof.
(d) Should the retirement allowance of any disability beneficiary be
cancelled for any cause other than re-entrance into the city service he shall
be paid his accumulated contributions, less annuity payments made to him.
Section 18. OPTIONAL ALLOWANCE ON RETIREMENT.
(a) A member may elect to receive, in lieu of the retirement allowance
provided for in Section 14, its actuarial equivalent in the form of a lesser
retirement allowance, payable in accordance with the terms and conditions of one
of the options set forth below in this section. Election of any option must be
made written application filed with the Board of Administration at least thirty
(~0) days in advance of retirement as provided in Section 1~, and shall not be
effective unless approved by the board prior to re-tirement of the member.
~~ (b) Upon receipt by the board of any application requesting a lesser re-
instatement allowance under option C, option D, or option E set forth below in this
section, the applicant shal~ be examined by a physician or surgeon appointed by
the board and such application shall no~ oe approved by the board unless such
examination shall show that the spplic~nt is then in good health and has a
norma~ expectancy of life: provided, however, that such examination shall not be
. · Ordinance No. 1572 (cont)
required if the application is made at least five (5) years before the payment
of the lesser retirement allowance is to commence. Revocation of the election
of the lesser retirement allowance may be made by the member by rwitten notice
to the board at any time prior to retirement.
OPTION A. ~ne lesser retirement allowance shall be payable 'to the member
throughout his life: Provided, that if he die before he recieves in annuity
payments referred to in paragraph (1), subdivision (a) of Section iA, a toat~l
amount equal to the amount of his accumulated contributions, the balance of
such accumulated contributions shall be paid in one sum to his estate or to such
person having an insurable interest in his life as he shall nominate by written
designation duly executed and filed with the board.
OPTION B. The lesser retirement allowance shall be payable to a member
throughout his life: Provided, that if he die before he receives in annuity
payments referred to in paragraph (1), subdivision (a), of Section iA, a total
~mount equal to the smount of his accumulated contributions as it was at the
date of his retirement, the said annuity payments resulting from his accumulated
contributions shall be continued and paid to his estate or such person, having
an insurable interest in his life, as he shall nominate by written designation
dul~ executed and filed with the board until the total amount of annuity
payments shall equal the amount of his accumulated contributions as it was at
the date of his retirement.
OPTION C. The member shall elect a 1'guaranteed period" of any number of
years. If he dies before the lesser retirement allowance has been paid to him
for the number of years elected by him as the "guaranteed period," the lesser
retirement allowance shall be continued to the end of the "guaranteed period,"
and during such continuation shall be paid to his estate or to such person havir~
an insurable interest in his life as he shall nominate by written designation
duly executed and filed with the board.
OPTION ~). .~he lesser.~retirement allowan'ce shall be paid to the member
t~r~oughou.t~ l~fe~, ~amd after ~death of the member one-half of the lesser retirement
a~loWance shall be continued throughout the life of and paid to the wife or
husband of the member, until death of such wife or husband.
OPTION E. The lesser retirement allowance shall be payable to the
member throughout life, and after death of the member it shall be continued
throughout the life of and paid to the wife or husband of the member, until
death of such wife or husband.
Section 19. Upon the death of any person who has not been retired, pursuau.
to the provisions of this act, there shall be paid to his estate, or to such
persons having an insurable interest in his life as he shall have nominated by
written designation duly executed and filed with the board, his accumulated
contrubutions with interest less any payments therefrom already made to him, if
any.
Section 20. MONTHLY INSTALLMENT PAYMENTS. A pension annuity or a retire-
ment allowance granted under the provisions of this ordinance, udless otherwise
specified herein, shall be payable in monthly installments, and each installment
shall cover for the current calendar month.
Section 21. PENSION NOT SUBJECT TO EXECUTION.
The right of a person to a pension, an annuity or a retirement allowance
to the return of contributions, the pension, annuity or retirement allowance
itself, any optional benefit, any other right accrued or accruing to any person
under the provisions of this ordinance, and the moneys in the fund created undez
this ordinance shall not be subject to execution, garnishment, attachment, or
any other process whatSoever and shall be unassignable except as in this
ordinance specifically provided.
Section 22. ESTIMATE PERMITTED. If it shall be impracticable for the
Board of Administration to determine from the records the length of service,
the compensation, or the age of any member, the said board may estimate for the
purpose of this ordinance, such length of service, compensation or age.
Section 2~.' RECIPIENT OF OTHER PENSION. The payment of any retirement
allowance to a member who has been retired from service shall be suspended
during the time that the beneficiary is in receipt of federal or state old age
pension, other than military pension, or of other compensation for Federal,
state or public service paid from direct orkindtrect state, federal or municipal
taxes or revenues of publicly owned utilities, except as to~ the amo ~unt by which
such retirement allowance may exceed such compensation for the same period.
In the event that the provisions of state or federal social security laws
shall hereafter be made applicable to employees of the City of Bremerton, the
provisions of this ordinance shall be an~ended so that the rates of contribution
and benefit payments hereunder shall be coordinated therewith.
Ordinance No. 1572 (cont)
Section 24. PRELIMINARY COST. The City Council shall appropriate annually
from the General Fund the amount it deems necessary for the purpose of paying
the expenses of administering the retirement system. The Board of Acb~inistration
~shall annually submit to the City Council its estimate of the amount necessary
to pay such expenses. The City Council shall appropriate sufficient funds to
pay the preliminary co~t of establishment of said retirement system, such as
clerical help and act~urial survey costs, etc.
Section 2§. PARTIAL INVALIDITY. ~f any one or more sections, sub-sections,
sub-divisions, sentences, clauses or phrases of this ordinance are for any reason
held to be unconstitutional or invalid such decision shall not affect the validit:
of the remaining portions of this ordinance, but the same shall remain in full
force and effect. ~¢~
Section 26. T~e retirement system shall become effective on
as provided in Section ~ of this ordinance.
Section 2?. This ordinance shall take effect and be in force thirty days
from and after its passage.
APPROVED unanimously by the City Council of the City of Bremerton on first
reading this 2nd of August, 1944.
PASSED unanimously by the City Council of the City of Bremerton, signed by
the ~ayor and attested by the City Clerk in authentication of such passage, this
9th day of August,