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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,