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HomeMy WebLinkAbout03408 11-20=70 * • O. 44114.1._ .410 ORDINANCE NO 3408 T2 a %oka AN ORDINANCE AMENDING CHAPTER 19 (PENSIONS) ' OF THE •CODE OF ORDINANCES OF PUEBLO, COLORADO RELATING TO FIREMAN'S PENSIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that (Underscoring .indicates new material added by this, amend- ment; Brackets indicate material being deleted) SECTION 1. The first sentence of Section 1943(c) of theCode of Ordinances is hereby amended to read as follows There shall be paid into the fund an assessment of [three and one-half] six per cent a month by each member of the fire department. ***" SECTION 2. Section 19-47 of the Code of Ordinances is hereby amended to read as follows "Section 19-47 Benefits; Applicable State Law. Except as herein set forth, benefits to eligible per- , sons shall become Payable from the-fund as provided applicable State Law. [Section 19-47 Disability—Permanent totaf; pension; other sources, deduction. If any member, officer or employeei, as above designated, of the fire department shall suffer disability from any cause whatsoever, and such disability shall be a permanent total ability, he shall be retired from service and instead of his salary frqm the department, he shall be paid monthly from, the fund an amount equal to one-half the average monthly salary of which he was in receipt during one year next prior to the time of such disability, and as lohg as the existence of such permanent total disability may frdm. time td- time be _.eagg t -i attested to in writing by two regular licensed practicing physicians appointed by the board for the purpose of ascer- taining the condition of such officer,, member or employee; provided, however, any payment or payments received ,by such officer, member or employee on account of such disability from any fund provided by the laws of the State of Colorado shall either be paid into the firemen's pension fund by such member, officer or employee so receiving the same, or in the event such sum is not paid into the firemen's pension fund, there shall be deducted from the amount payable out of the firemen's pension fund, a sum equal to the payment or pay - ments received by such member, officer or employee,from any fund provided by the laws of the State of Colorado.]" SECTION 3. Section 19 -48 of the Code of Ordinances of the City r.. of Pueblo is hereby amended to read as follows "Section 19 -48 Escalation of Benefits. (a) Effective January 1, 1971, any officer, member or employee of the fire department, now or hereafter retired under the provisions of this article, except as provided in subsec- tion (b) hereof, - shhall be paid a monthly pension_ equal to one -half the amount of his monthly salary as of the date of his retirement plus an increase. equal to one -half of any increase in salary- and longevity granted during the period of his retirement to the rank occupied by him in said depart- ment (b) Any officer, member or employee of the fire depart- ment, now or hereafter retired for disability under the pro- visions of CRS 139- 50- 7(1)(f), shall be paid a monthly, benefit from the Firemen's Pension Fund equal to five per cent of the amount set forth in Section (a) hereof, multiplied by - 2 the number of,years he was in active service with said department prior to retirement; but any such benefit payable from the Pueblo Firemen's Pension Fund under this subsection shall not exceed one -half of his monthly salary as of the -date of his disability. In addition thereto such officer, member or employee shall be paid from the Firemen's Addi- tional Benefit Fund.an amount which, when added to that sum made payable above, shall be equal to one -half the amount of his monthly . salary as of the date of his retirement plus, an increase equal to.on'e -half of any increase. in salary and longevity granted during the period of his retirement to the rank occupied by.him in said department. (c) TO pay the additional benefits provided for in (b) above,_ a f.und is:.hereby established to_ be known as Firemen Additional Fund which shall be derived from such sums as the Council shall ,annually appropriate. (d) The provisions of this section shall be applicable only in those cases where the monthly benefits payable would be- increased; otherwise, the amount paid will be determined without reference to this section Section 19 -48 Same -- Permanent partial; pension; other sources, deduction If any member, officer or employee as above designated of the fire department of the city shall suffer disability from any cause whatsoever, and such disability shall be a permanent partial. disability and such person shall be retired from employment in any capacity by the city, such person 'shall be paid monthly from the fund an amount which, in the opinion of the board after investigation and hearing, shall be deter- mined to be the decrease, if any, between the earning capacity of such person, and one -half the average monthly salary of - 8 - which such person was in receipt during one year next prior to the time of such disability; and the decision of the board as to such amount shall be final; provided, however, any pay- ment or payments- received by such member, officer or employee on. account of such disability from any fund provided by the laws of the State of Colorado, shall either be paid into the fireman.'s pension fund by such member, officer or employee so receiving the same, or in the event such sum is not so paid into the. firemen's pension fund, there shall be deducted from the amount payable out of the fund, a sum equal to the payment or payments received by such member, officer or employee from any fund provided by the Laws of the State of Colorado SECTION- 4 Sections 19 -49 through 19 -52, 19 -54 through 19 -56, and 19 -5:8 are hereby repealed,, and the same 8 11 be marked as "Reserved ". "Section 19 -49... Same--Temporary; pension; examination. If any meiriber of the paid fire department, while in the performance of °h -s -duty or by reason of service in such de- partment shall become physically or mentally disabled and such disability shall seem to be of a temporary nature the board shall retire such disabled member and the board shall authorize the payment. to such person monthly from the pension fund an amount equal to the monthly compensation paid any such member as salary at the date of such disability; not, however, to exceed a period of one year For the purpose • of determining the physical or mental disability of any such member, the board may personally examine the member and shall appoint one or more physicians or surgeons to make an examina- tion•of the member report their findings to the board - which report shall be taken into consideration in determining, - 4 - ca whether the member .is physically or mentally disabled If any member, officer or employee shall become mentally or physically disabled so as to render necessary his retirement from service in the department, the board shall retire such member from service, and he shall receive from the pension fund an amount equal to one -half of the monthly salary received by him at the time he shall become so disabled Section 19 -50 Same -- Temporary; pension;, conditions No such officer, member or employee shall be deemed to be permanently, totally or partially" disabled until after the expiration of ninety days from the time •:f suffering any dis- ability; but for such ninety day period, in the .event such disability shall have arisen out of service in the fire department of the city or by reason of.such service and while in the performance of his duty, the officer, member or employee shall. be deemed to be temporarily disabled only, and shall be paid his salary during such ninety day period, and the decision of the board as to such disability shall be final; provided, however, any payment or payments received by such member, officer or employee on account of such dis- ability from any fund provided by the laws of the. State of Colorado shall be paid to the city by such member, officer or employee so receiving the same, or in the event such sum is not paid to the city, there shall be deducted from the amount payable by the city a sum equal to the payment or payments received by such member, officer or employ any fund provided by the laws of the State of Colorado but for such ninety day period, if such ,disability .shall not have arisen out of service in ,th °el' fire department or -shall not have arisen by reason of such service and while in the performance- of his duty, the...officer; member or. - 5 - employee shall be paid by the city monthly during such ninety day period one -half of the average monthly salary of which such person was in receipt during the one year next prior to the time of such disability, and the decision of the board as to such disability shall be final; provided, how- ever, such payment shall be subject to the same deduction as is provided in the case of a disability which shall have arisen out of service in the fire department or by reason of such service, and while in the performance of duty; and pro- vided, further, however, no payment for such temporary dis- ability shall be made, unless the disability shall have existed for one full week; in which event the payment for such dis- ability shall be computed from the time of the commencement of such disability. Section 19 -51 Benefits to unmarried widow of deceased retirant. (a) The unmarried widow of any member or retired member who died on or before December 1, 1949, shall receive a monthly payment of thirty dollars ($30.00) per month from the pension fund This subsection shall automatically be repealed upon. the death or remarriage of the last remaining person eligible to receive payments hereunder (b) The unmarried widow of any member or retired mem- ber who died after December 1, 1949, but on or before Decem- ber 31, 1963, shall receive a monthly payment of fifty dollars ($50.00 per month from the pension fund This subsection shall automatically be repealed upon the death , or remarriage of the last remaining person eligible to receive payments hereunder (c) When any member of the fire department or retired . member shall die on or after January 1, 1964, and leave a - 6 - { widow or dependent mother surviving, the board shall autho- rize the monthly payment from the pension fund of the sum of one hundred doll ($100 00) to such widow or dependent mother If the widow of any deceased member shall remarry, her pension shall cease. No pension shall be paid to the mother of a.deceased member who leaves a widow. Section 19-52. Benefits to surviving children of deceased retirant (a) If there be no surviving widow as limited and de- scribed in section 19 -51, but a surviving child or children under eighteen (18) years of age, then the board shall order a monthly payment in such amount as they shall deem proper or necessary, not to exceed one hundred dollars ($100.00) a month, to the guardian of such child or children, for said child or children, to continue until such child reaches the age of eighteen (18) years Such payment may be reduced as the board shall deem proper or necessary, as each child reaches the age of eighteen (18) years; provided such payment shall not be reduced to less than twenty dollars ($20.00) per child within. the maximum limit herein prescribed No pension shall be paid to a mother of a deceased member who leaves a child or children under eighteen (18) years of age (b) In addition to the benefits prescribed for the widow of a deceased member as provided for in subsection (c) of section 19 -51, the board shall also order the payment to such - widow- or the legally appointed guardian of such child if other than the widow, the sum of twenty dollars ($20.00) per month for each surviving child of the deceased member under the age of eighteen (18) years, such payment to con- tinue until such child or children reaches the age of eighteen (18) years. The total combined payments to or for the survivors - 7 of any member shall not exceed one-half the average monthly wages received by the deceased membe_r during the year, pre- ceding his death or retirement Section 19. -54. Voluntary retirement -- Application; benefits. Any officer, member or employee of the department, as above designated, who has been in the service of the fire • department of itli`e` city for more than twenty years and shall have attained the age of fifty years, shall be retired within thirty days after making application .for, retirement, except in periods of national emergency; and, upon retirement from the employment,,, the city, there shall be paid monthly from the fund to the,appli.cant, an amount equal to one -half the average monthly salary such person received during the year next prior to the time of filing his application Section 19 -55- Same - - Limitation on amount No person voluntarily retiring as_ provided in the pre- ceding section hereof shall be entitled to the benefits there- in provided except as follows; the amounts received by such person per month from other employment or occupation, and from the fund, shall not exceed, in the aggregate, a total amount greater than the average monthly salary such person • received - during the year preceding voluntary retirement:; and deductions shall be made from the payment from the fund accord- ingly. The board shall determine the amount due in accordance herewith from the fund, after notice to the claimant and hearing, and the determination of the board shall be final and conclusive in the premises. Section 19 -56. Funeral expenses; payment; amount. Upon the death of any officer, member or employee of the fire department, who is above designated in this article, . - 8 - t , the board shall pay one hundred dollars to the widow or family of such deceased member for funeral expenses. Section 19-58 Duties of city attorney. It shall be the duty of the city attorney to give advice to the board in all matters pertaining to their duties and Management of the fund whenever required, and he shall represent and ,defend the board as its attorney in all suits or actions at law or in equity that may be brought against it and bring all suits and actions in its behalf that may be required or determined upon by the board." SECTION 5. This ordinaiti shall become effective on January 1, 1971. INTRODUCED d-c4t1‘ ,R6 1970 BY )ftle- Coun141man/ 7 APPROVED .,0010 Rresident 0 ATTEST: C!,=> / gity - 9