Bakersfield Municipal Code Ch. 2.92 Fire Department Relief and Pensions

Sections: 2.92.010 Pension board. 2.92.020 Definitions. 2.92.030 Disability caused by discharge of duties—Disability lasting less than one year. 2.92.040 Disability caused by discharge of duties—Disability lasting more than one year. 2.92.050 Death of a member. 2.92.060 Surviving widow—Failure to care for dependent children. 2.92.070 Membership to fire department defined. 2.92.080 Powers of pension board to examine persons receiving disability. 2.92.090 Disability and retirement board meetings—Powers. 2.92.100 Pension fund—Duties of finance director. 2.92.110 Contributions—Generally. 2.92.120 Contributions—Percentage of salary contributed by member. 2.92.130 Contributions—Deductions computation. 2.92.140 Contributions—Dependent contributions. 2.92.150 Contributions—Deduction administration—Payments. 2.92.160 Contributions—Payment into retirement fund on account of current service. 2.92.180 Contributions—Administrative costs. 2.92.190 Contributions—Based on entire compensation of member. 2.92.200 Contributions—Apportionment of ten thousand dollars in relief and pension fund. 2.92.210 Contributions—Apportionment of residue in relief and pension fund. 2.92.220 Service retirement—Conditions. 2.92.230 Service retirement—Allowance. 2.92.240 Disability retirement. 2.92.250 Allowance or disability retirement. 2.92.260 Death benefit. 2.92.270 Deferred retirement. 2.92.280 Reentry—Adjustment of contribution rate. 2.92.290 Effect of Workman’s Compensation Insurance and Safety Law. 2.92.300 Benefits—Exemption from process. 2.92.310 Increase in monthly allowance—Retirement or deaths on/or before December 31, 1970. 2.92.320 Increase in monthly allowance—Retirements or deaths for period between January 1, 1971, to June 30, 1971. 2.92.330 Increase in monthly allowance—Retirements or deaths for period.

2.92.340 Effect of service in the armed forces.

A. The relief and pension fund, created and established for members of the fire department of the city who did not join the public employees’ retirement system, shall be administered by a board of trustees known as the pension board. The pension board shall consist of the mayor, city manager, finance director, chief of the fire department and three other persons elected by vote of the members of the fund. Members of the fund shall be eligible for election as members of the pension board and three other persons elected by vote of the voting members of the fund.

B. Subject to modification or exception by written petition signed by a majority of the members of the fund and timely submitted to the pension board, the pension board shall determine a reasonable time, form and manner for each election. An election of all three members shall be scheduled at the earliest reasonable time after the date this amendment becomes effective. The members of the pension board as presently constituted shall continue to serve until such time as the newly elected members are determined.

C. Members of the pension board elected pursuant to this section shall serve terms lasting no longer than five years, but may be re-elected to serve subsequent terms. Vacancies shall be filled by an election scheduled at the earliest time convenient.

D. All members of the pension board shall serve without compensation.

E. Four members of the pension board shall constitute a quorum for transaction of business. The mayor shall serve as chairman of the pension board, the city manager shall serve as secretary thereof and the finance director shall serve as treasurer of the pension board and of the fund.

F. The pension board shall render an annual report to the city council and to the members of the fund showing the receipts and disbursements during the previous year and the balance remaining in the fund. The pension board shall have exclusive control of the administration, investment and disbursement of the relief and pension fund or funds which may be established pursuant to this chapter. The pension board may establish rules and regulations as necessary to administer this chapter. (Ord. 5000 § 1, 2020; Ord. 3434 § 1, 1996; Ord. 3121 § 1, 1987; Ord. 2649 § 1, 1981; prior code § 5.38.010)

The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the meanings set forth in this section:

A. “Accumulated contributions” means accumulated normal contributions, plus accumulated dependent contributions.

B. “Accumulated dependent contributions” means the sum of all the dependent contributions, deducted from the compensation of a member and standing to his credit in his individual account, together with regular interest thereon.

C. “Accumulated normal contributions” means the sum of all the normal contributions, deducted from the compensation of a member and standing to his credit in his individual account, together with regular interest thereon.

D. “Actuarial equivalent” means a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the retirement board and regular interest, except that such interest shall be compounded annually.

E. “Annuity” means equal monthly payments for life, derived from contributions made by the member, as provided in this chapter.

F. “Beneficiary” means any person in receipt of a retirement allowance, a death benefit or any other benefit from the disability and retirement system.

G. “Board” or “pension board” means the disability and retirement board.

H. “Compensation,” as distinguished from benefits under the Workmen’s Compensation Insurance and Safety Act of the state, means the gross remuneration prescribed by the city, by ordinance and in cash, without deduction except for absence from duty, for time during which the individual receiving such remuneration is in the employ of the city in the fire department.

I. “Compensation earnable” by a member means the compensation as determined by the disability and retirement board, which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates attached to the ranks or positions held by him during such period; it being assumed that during any absence he was in the rank or position held by him at the beginning of the absence and that prior to becoming a member of the fire department he was in the rank or position first held by him in such department.

J. “Dependent contributions” means contributions at the rates provided for in Section 2.92.040.

K. “Employee” means officer or employee.

L. “Final compensation” means the average monthly compensation earnable by a member during the five years immediately preceding his retirement or death before retirement.

M. “Finance Director” means the finance director of the city.

N. “Member” includes and means any person who is required to fight fires under the rules and regulations of the fire department from and after the date of this enactment.

O. “Normal contributions” means contributions at the rates provided for the members in Section 2.92.130.

P. “Pension” means equal monthly payments for life, derived from contributions made by the city, as provided in this chapter.

Q. “Prior service” as applied to members of the disability and retirement system, means service rendered prior to January 1, 1938.

R. “Regular interest” means interest at the rate adopted by the disability and retirement board, compounded at each June thirtieth, and subject to the provisions of Section 2.92.100 as to interest rate, plus such additional interest as the disability and retirement board may declare from year to year in accordance with the provisions of this chapter.

S. “Retirement allowance” and “death allowance” mean the pension plus the annuity.

T. “Service” means service rendered as an employee in the fire department in the city for compensation, and for the purpose of this chapter, a member shall be considered as being in the “service” only while he is entitled to receive compensation from the city for such service except as credit is allowed and granted in Section 2.92.240 for the time during which a member is retired for disability.

U. “System” or “retirement system” means the relief and pension fund, as established in Section 1 of the Charter Amendment of 1931.

V. “The Charter” means the Charter of the city.

W. “The service disability and retirement fund” means “a relief and pension fund” for the members of the fire department as established in Section 1 of the Charter Amendment of 1931. “Relief and pension fund” means the disability and retirement fund.

X. “Widow” as used in this chapter, does not include either the wife or any member who is, without cause, living separate or apart from her husband at the time of his death, or one who has either an interlocutory or final decree of divorce, allowed by any court of competent jurisdiction which decree awards the wife any amount for her support and maintenance. The disability and retirement board is empowered to hear and consider the application of any such wife, and to determine in its judgment if such separation was justifiable or excusable on the part of such wife, and the disability and retirement board may in its discretion, allow or reject the application for pension as provided for in this chapter. The decision of such disability and retirement board in such cases shall be final and conclusive. In the event that the disability and retirement board in its judgment disallows the claim of such wife, and there is a child or children of such deceased member under the age of eighteen years and unmarried, such pension shall be paid to such child or children as provided in this chapter.

Y. “Voting member” includes a member, or, a deceased member’s beneficiary spouse. The intent of this section is not to be interpreted as giving more than one vote to a family or extending voting rights to other beneficiaries of a member. (Ord. 3734 § 2, 1996; prior code § 5.38.020)

than one year.

Whenever any member, who at the time is in active duty in the fire department of the city, in the judgment of the pension board, becomes disabled by reason of bodily injuries received in or by reason of sickness caused by the discharge of the duties of such person in such department; or who becomes so physically or mentally disabled as the result of such sickness or injuries as to render him unfit for active duty in such department, the pension board shall order and direct that such person be carried on the department payroll at full salary attached to such position of the person for a period not to exceed one year. (Prior code § 5.38.030)

than one year.

A. Whenever any member of the fire department becomes disabled by reason of bodily injuries received in or by reason of sickness caused by the discharge of the duties of such member in such department and such disability continues for one year or becomes so physically or mentally disabled as a result of such injuries or sickness as to render his retirement from active service necessary, the pension board shall order and direct that such member be retired from active service and, thereafter, such member so retired shall, during his lifetime, be paid from the pension fund, in equal monthly installments, the retirement allowance as provided in Section 2.92.240; provided, however, that any such retirement allowance shall cease when the member’s disability ceases and in such event, such member shall be restored to the same rank or position which he held at the time of retirement; provided further, that the pension board shall have the power and authority to hear and determine all matters pertaining to the granting and termination of any such retirement allowance.

B. The board shall make its findings in writing, based upon the report or reports of at least three regular licensed, practicing physicians, and such other evidence concerning such disability as shall be presented to it.

C. One of such physicians shall be the health officer of the city, one shall be selected by the member applying for such retirement allowance and at least one shall be selected by the board. (Prior code § 5.38.040)

Whenever any member dies either:

A. As a result of any injury arising out of or sustained by him while in the discharge of his duties as a member of the fire department; or

B. From sickness caused by or resulting from the discharge of his duties as a member of such department; the death allowance provided in Section 2.92.260 shall be paid, in equal monthly installments, as follows;

1. To his widow during her lifetime or until she remarries and, thereafter, to the legally appointed guardian
of his child or children until such child or children have attained the age of eighteen years or have married;

2. In the event such deceased member leaves no widow, such death allowance shall be paid to the legally
appointed guardian of his child or children until such child or children have attained the age of eighteen years
or have married;

3. In the event such deceased member leaves neither widow nor child or children under the age of
eighteen years, such retirement allowance shall be paid to his parent or parents or to his sister or brother
who, in the order named, was or were either wholly or partially dependent upon him. Such disability and
retirement board shall have the power and authority to determine all matters pertaining to such dependency;
provided, however, that should the board determine that such parent or parents or sister or brother was or
were only partially dependent upon such deceased member, than and in that event, only such percentage of
such death allowance shall be paid as is equal to the percentage of such dependency as determined by the
board; provided further, that the board may from time to time re-examine the financial status of any such
parent or parents or sister or brother and, should it determine that the same has changed since the death of
the member, it shall decrease or terminate the payment of the death allowance in accordance with its
determination;

4. No widow of any person who receives the benefits of this pension fund who marries such person after
the allowance of this pension shall be entitled to the pension provided in this chapter after his death. (Prior
code § 5.38.050)

In the event that a widow receiving death allowance fails, neglects or refuses to properly or adequately provide for a dependent child or children of a deceased member, the pension board, upon its determination thereof, shall have the power and authority, in its sole discretion, to pay all or any part of such death allowance for the benefit of such dependent child or children in accordance with whatever regulations, requirements or rules it shall promulgate in connection therewith. (Prior code § 5.38.060)

For the purpose of the provisions contained in this chapter, the fire department shall consist of all persons duly and regularly appointed whose duty it is to extinguish fires in the city, or assist therewith, who are receiving compensation therefor from the city, under whatever designation they may be described in any salary or departmental ordinance providing compensation for members of said department, whether male or female. (Prior code § 5.38.070)

A. Any person retired by disability or receiving disability under the provisions of this chapter, may be summoned at any time before the pension board, and shall upon request of the pension board submit himself for examination as to his fitness for duty, and if found by the pension board to be physically fit and capable of carrying on his duties in such department, shall be restored to active duty as of the same rank or position held at the time of retirement on pension.

B. The person so examined shall abide by the decision of the pension board with reference thereto, and upon failure on his part to abide by the decision, the pension board shall authorize the city and any of its officers to desist from making a further payment for or on account of pension or salary of any kind whatsoever, and shall be grounds for discharge from the department, and any member of the fire department of the city, who has been retired under the provisions of this chapter, shall report to the chief of the fire department in person or in writing on the first day of January, April, July and October of each year, and at such other times as the pension board may from time to time require.

C. No person obtaining the benefits of this chapter, and receiving the benefits of this chapter, shall be compelled to work in any department other than the department from which he has been retired. (Prior code § 5.38.080)

A. Said disability and retirement board shall hold meetings once during each calendar year on a date to be selected by said board or as may be called by the ex officio secretary of the pension board, and said board is authorized to issue checks against the fund created and to pay and discharge any of the obligations incurred by this chapter or to be payable under this chapter.

B. Said board may issue checks upon said fund, which must be signed by two authorized city employees, showing the amount and purpose for which payment is made.

C. Said disability and retirement board shall, in addition to the other powers granted in this chapter have power to:

1. Administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and
the productions of papers, books, and accounts, documents, and testimony in any inquiry, investigation,
hearing, or proceedings in any part of the state or the superior court in and for the city and county, or county
in which any inquiry, investigation, hearing, or proceeding may be held by the disability and retirement board
or any member thereof;

2. Compel the attendance of witnesses, the giving of testimony and the production of papers, including
books, accounts, and documents, as required by any subpoena issued by the disability and retirement board
of any member thereof. The disability and retirement board or any member thereof, before whom testimony
is to be given or produced, in case of refusal of any witness to attend or testify or produce any paper required by the subpoena, may report to the superior court in and for the county or city and county in which the
proceeding is pending, by a petition setting forth that due notice has been given of the time and place and of
the attendance of the witness or the production of the papers, and that the witness has failed and refused to
attend or produce the papers required by the subpoena, or has refused to answer questions propounded to
him in the course of such proceedings, and ask for an order of the court compelling the witness to attend and
testify or produce the papers before the disability and retirement board. Upon the petition of the disability
and retirement board, or such member thereof, the court shall enter its order directing the witness to appear
before the court at a time and place to be fixed by the court in such order, the time to be not more than ten
days from the date of the order, and then and there show cause why he has not attended and testified or
produced the papers before the disability and retirement board, or member thereof. A copy of the order shall
be served upon such witness. If it should appear to the court that the subpoena was regularly issued by the
disability and retirement board or the member thereof, and the witness was legally bound to abide thereby,
the council shall thereupon enter an order that the witness shall appear before the disability and retirement
board, or the member thereof, at a time and place to be fixed in such order, and testify or produce the
required paper, and upon failure to obey the order, the witness shall be dealt with as for contempt of court.
The remedy provided in this section is accumulative and shall not be construed to impair or interfere with the
power of the disability and retirement board or member therefor to enforce the attendance of witnesses and
the production of papers and to punish for contempt in the same manner and to the same extent as courts of
record;

3. To regulate and provide the manner, and by whom, minors and incompetent persons shall appear and
be represented before it;

4. To regulate and prescribe the name and character of notice where not otherwise prescribed by this
chapter and the service thereof;

5. Provide for the payment from the fund of all of its necessary expenses; provided, however, that no
compensation shall be paid to any member of the board for any duty performed under this chapter;

6. Make such revisions, on advice of an actuary who is to be consulted in accordance with the provisions of
California Government Code Section 7504(a), in the rates of contribution under the system as shall be

deemed necessary;

7. To do and perform any other act or thing necessary or requisite to carry out the terms, provisions, and intentions of the provisions of this chapter;

8. Keep in convenient form such data as shall be necessary for the actuarial valuation of the retirement system. Actuarial valuations shall be conducted in accordance with the minimum requirements of California Government Code section 7504 and Statement No. 25 of the Governmental Accounting Standards Board. Upon the basis of such valuation and actuarial report, the board shall:

   a. Adopt for the retirement system such interest rate, and such mortality, service and other tables as shall be deemed necessary,

   b. Make such revision in the rates of contribution under the retirement system as shall be deemed necessary;

   9. In addition to other records and accounts keep such records and accounts as shall be necessary to show at any time:

      a. The total accumulated contributions of members.

      b. The total accumulated contributions of the retired members less the annuity payments made to such members,

      c. The accumulated contributions of the city held for the benefit of members on account of service rendered as members of the retirement system,

      d. All other contributions of the city, which shall include the amounts available to meet the obligation of the city on account of benefits that have been granted and on account of prior service of members;

   10. Appoint the secretary to the fire chief to act at the board’s pleasure as assistant secretary of the board, who shall maintain all records as required in this chapter, under supervision of the board;

   11. Before July 1, in each year, advise the finance director, city manager, and city council the amount necessary to be included in the annual budget as provided in sections 2.92.160 through 2.92.180. (Ord. 3880 § 1, 1999; Ord. 3121 § 2, 1987; prior code § 5.38.090)

Excepting such moneys as may be required for current needs, the finance director shall invest such moneys belonging to the fund either in:

A. Investments authorized in Section 53601 of the Government Code and as enumerated in the city investment policy;

B. Bonds issued by corporations and at the time of purchase bearing an “A” rating by a national rating system generally recognized and used by banks and investment brokers in the United States of America. (Ord. 3121 §§ 3, 4, 1987; prior code § 5.38.100)

The rates of contribution of each member shall be set forth in Sections 2.92.120 through 2.92.210. (Prior code § 5.38.110 (part))

A. For the first year after the effective date of the ordinance codified in this chapter there shall be contributed three percent of his salary per month, for the second year four percent of his salary per month and for the third year five percent of his salary per month.

B. 1. Commencing with the fourth year after the effective date of the ordinance codified in this chapter, the normal and dependent rates of contribution of each member, as actuarially recommended and approved by the retirement board, shall be based on his age at July 1, 1937, or at his later entrance into the retirement system, and his age when he became or shall become a member of the fire department, both ages being taken to the next lower completed quarter year.

2. The age at entrance prior to July 1, 1937, shall be determined by deducting the total service in the department credited to the member at July 1, 1937, from his age at that date.

3. The age at entrance after July 1, 1937, into the department, shall be the same as the age of entrance into the retirement system.

4. The rates so adopted shall remain in full force and effect until revised as provided in Section 2.92.090. (Prior code § 5.38.110(a,b))

A. The normal contribution which shall be required as a deduction from the compensation of each member throughout his membership shall be such as, on the average for such member, if his service on full salary is uninterrupted and when accumulated with interest added to the equal accumulated contributions of the city and applied according to the actuarially recommended rates and table and approved by the retirement board, will provide a retirement allowance on retirement for service at the age of fifty-five years equal to one-half of his final compensation, less that part of the retirement allowance set forth in subsection C of Section 2.92.230, which is to be provided by contributions of the city on account of service rendered prior to the effective date of the ordinance codified in this chapter.

B. The percentage of a member’s final compensation to be provided, on the average, for him for a retirement allowance, for each year of service as a member, shall be derived by dividing fifty percent by the total number of years of service which would be credited to him under the system if his services are uninterrupted until he reaches the minimum age at which he is permitted to retire for service. (Prior code § 5.38.110(c))

A. The dependent contributions, which shall be required in the same manner as normal contributions of each member throughout his membership in addition to the normal contributions, shall be such as would be necessary to provide upon the date of his service retirement at fifty-five years of age or upon the completion of twenty years service at an age higher than fifty-five years, when accumulated with interest and applied by actuarial rates and tables and approved by the retirement board, for the continuance after his death and throughout the life of a widow, whose age at such date is the same age of the member, of two-thirds of the annuity provided by his accumulated normal contributions upon the retirement at fifty-five years of age or at higher ages.

B. If at the date of retirement for service or retirement for disability, the member has no wife who qualifies for the continuance of an allowance to her after the death of the member, the dependent contributions, with accumulated interest thereon, shall be paid to him upon that date, or at his option, applied in the same manner as his normal contributions to provide for him an annuity which shall be added to the annuity provided by the normal contributions. (Prior code § 5.38.110(d))

A. The retirement board shall certify to the chief of the fire department and to the finance director the normal and dependent rates of contributions for each member, which are necessary to produce the contributions provided for in Sections 2.92.110 through 2.92.210.

B. For the purpose of administration the normal and dependent contribution rates may be combined into one rate.

C. The chief of the department or the finance director shall apply such rates of contribution to the compensation, before deduction except for absence from duty, of each member to determine the amount to be contributed by each member, as a deduction from such compensation on each payroll and shall furnish immediately to the retirement board a copy of each and every such payroll; and each of the amounts shall be deducted by the finance director and shall be deposited in the retirement fund and shall be credited by the retirement board, together with regular interest, to the individual account of the member from whom the contribution was made.

D. The retirement board, however, may accept and certify cash payments by any members, of amounts necessary to correct or adjust the contribution account of such member, the amount so certified to be deposited and credited in the same manner as if deducted on a payroll and the finance director shall be notified of such payment.

E. Every member shall be deemed to consent and agree to the contribution made and provided for in Section 2.92.110 through 2.92.210, and shall receipt in full for his salary or compensation, and payment less such contribution shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such member during the period covered by such payment, except his claim to the benefits to which he may be entitled under the retirement system. (Prior code § 5.38.110(e))

current service.

A. There shall be paid into the retirement fund each year by contributions of the city, the amounts as necessary to fund all pensions and other benefits allowable under the retirement system to members on account of current service.

B. Such amounts required on account of current service, shall be determined by applying a percentage, to be changed only as recommended by the actuary in the light of periodical investigation and valuation results, to members’ earned salary.

C. The percentage shall be the ratio of the liabilities under the system on account of current service, which are not met by member’s contributions, and less the assets derived from the city’s current service contributions, to the present value at the date of determination of members’ future compensation.

D. After the close of each month the retirement board shall determine the aggregate amount of the members’ earned compensation during such month and shall determine the city’s contribution by applying the percentage, and shall certify the amount of contribution to the finance director, who shall then transfer an equal amount to the retirement fund from the budget appropriation or general fund for the then current fiscal year. (Prior code § 5.38.110(f))

The administrative costs of the retirement system shall be met by contributions of the city, such contributions to be charged against the appropriation for the system in the budget for the then current fiscal year. (Prior code § 5.38.110(h))

Deduction for normal and dependent contributions shall be based on the entire compensation of a member. (Prior code § 5.38.110(i))

and pension fund.

A. As of the effective date of the ordinance codified in this chapter, the sum of ten thousand dollars, now in the existing relief and pension fund, and representing the amount placed in such fund by members of the Bakersfield firemen’s relief association and the accumulated interest thereon, shall be apportioned pro rata, according to the years and months of membership in the Bakersfield firemen’s relief association, to the members of the fire department who were members of the relief association between the date of organization of the firemen’s relief association (December, 1921), to the effective date of the present relief and pension fund (January 23, 1931).

B. The moneys so apportioned shall be applied toward the normal and dependent contributions of such members and shall reduce such member’s monthly contributions by such amount monthly as may be arrived at by dividing the amount so due each such member by the number of months of service required for such member to reach the retirement age of fifty-five years. (Prior code § 5.38.110(j))

fund.

A. The residue of the present relief and pension fund, representing monthly contributions of members and interest accumulated, shall be apportioned pro rata to all members of the present relief and pension fund according to the years and months of service between the effective date of the present relief and pension fund (January 23, 1931), and the effective date of the ordinance codified in this chapter.

B. The moneys so apportioned in subsection A of this section shall be applied toward the normal and dependent contributions of such members and shall be added to such members’ monthly contributions as provided in subsection A of Section 2.92.120. (Prior code § 5.38.110(l,m))

Retirement of a member for service shall be made by the retirement board as follows:

A. Each member who attains the age of sixty-two years and has twenty years of service, shall be retired on the first day of the calendar month next succeeding that in which the age is attained.

B. Any member may retire upon written application to the retirement board, stating on what date he desires to be retired, if the member has been credited, at the time so specified for his retirement with twenty years of service and has attained the age of fifty-five years. (Prior code § 5.38.120)

A member, upon retirement for service as provided in subsection A of Section 2.92.220, shall receive a retirement allowance which shall consist of:

A. An annuity which shall be the actuarial equivalent of his accumulated contributions, excluding his accumulated dependent contributions unless he exercises his option as provided in Section 2.92.140, at the time of his retirement; and

B. A pension which, when added to the annuity purchased by his accumulated normal contributions, shall equal the same percentage of his final compensation for each year of current service credited to him, as his normal contributions and the contributions of the city are calculated to provide for him, upon retirement for service at the minimum age provided in subsection A of Section 2.92.220, for each year of such service; and

C. An additional pension which shall be equal to the same percentage of his final compensation for each year of prior service credited to him, the sum of his and the city’s normal contributions is calculated to provide for him, upon retirement for service at the minimum age provided in subsection A of Section 2.92.220; for each year of service as a member of the system and; provided, that if the member has been retired for disability after the effective date of the ordinance codified in this chapter; and

D. A second additional pension in such an amount as makes his retirement allowance equal to the allowance he would have received had he never retired for disability;

E. Upon the death of a retired member, two-thirds of the retirement allowance shall be continued to his widow throughout her life or until she remarries; provided, however, that she had been married to him at least one year prior to his retirement and is of the same age as the member. If the widow is of a different age than the member, then the retirement allowance which shall be so continued to her shall be the actuarial equivalent of the retirement allowance which would have been continued to her had she been the same age as the member. If there is no such widow or if any such widow dies, then the allowance which would have been paid to her had she been eligible therefor or had she continued to live, shall be paid to the legally appointed guardian of the child or children of such deceased member until such child or children dies or has attained the age of eighteen years. If payment of the allowance is terminated by reason of the remarriage of the widow or the attainment of the age of eighteen years by such child or children before the total of the monthly payments made equals the sum of the member’s contributions, with interest thereon, as of the date of his retirement, then an amount equal to the difference between the total and the sum shall be paid in one amount to his remarried widow or, if there is no such widow, to his child or children; provided, however, that such amount shall not be paid to any widow who was not married to such member at least one year prior to his retirement. (Prior code § 5.38.150)

Retirement of a member for disability shall be made by the retirement board upon medical examination as follows:

A. Any member shall be examined by surgeons or physicians as provided in Section 2.92.040, upon application of the chief of the fire department, or upon the application of the member or a person acting in his behalf, stating that the member is physically or mentally incapacitated for the performance of duty and ought to be retired, or the board upon its own motion may order such examination, all provided he has rendered ten or more years of service or such disability is claimed to result from injury or illness incurred in the performance of duty.

B. If such medical examination and other available evidence shows to the satisfaction of the board that said member is physically or mentally incapacitated for the performance of duty and ought to be retired and, if he has not had ten or more years of service, that the disability is the result of injury or illness incurred in the performance of duty, then the retirement board shall retire the member for disability forthwith. (Prior code § 5.38.140)

Upon retirement for disability as provided in subsection A of this section, a member,

A. If his disability is determined by the retirement board to be the result of injury or illness incurred in the performance of duty, shall receive:

1. An annuity which shall be the actuarial equivalent of his accumulated contributions, excluding his accumulated dependent contributions, unless he exercises his option as provided in Section 2.92.140 at the time of his retirement;

2. A pension which, when added to the annuity purchased by his accumulated normal contributions, shall be equal to a monthly retirement allowance of one-half of his final compensation.

B. If his disability is determined by the retirement board to be not the result of injury or illness incurred in the performance of duty, shall receive:

1. An annuity which shall be the actuarial equivalent of his accumulated contributions, excluding his accumulated dependent contributions, unless he exercises his option as provided in Section 2.92.140 at the time of his retirement; and

2. A pension which, when added to the annuity purchased by his accumulated normal contributions, shall

make his retirement allowance equal to: one and one-quarter percent of his final compensation multiplied by the number of years credited to him, provided such allowance is at least one-fourth of his final compensation; or one and one-quarter percent of his final compensation multiplied by the number of years of service credited to him were his service to continue until his attainment of the age of fifty-five years, provided such retirement allowance does not exceed one-fourth of such final compensation.

C. Upon the death of a member who has been retired by reason of disability as a result of injury or illness incurred in the performance of duty, the retirement allowance shall be continued to his widow to whom he was married at least one year prior to his retirement throughout her life or until she remarries. Upon the death of a member who has been retired by reason of disability which is not the result of injury or illness incurred in the performance of duty, two-thirds of the retirement allowance shall be continued to his widow to whom he was married at least one year prior to his retirement and who is of the same age as the member throughout her life or until she remarries. If such widow is of a different age than the member, then the retirement allowance which shall be so continued to her shall be the actuarial equivalent of the retirement allowance which would have been continued to her had she been the same age as said member. If there is no such widow or if any such widow dies, then the allowance which would have been paid to her had she survived such member and been eligible therefor or had she continued to live, shall be paid to the legally appointed guardian of the child or children of such deceased member until such child or children dies or have attained the age of eighteen years. If payment of the allowance terminates by reason of the remarriage of the widow or the attainment of the age of eighteen years by such child or children before the total of the monthly payments made shall equal the sum of the member’s contributions, with interest thereon, as of the date of his retirement, then an amount equal to the difference between the total and the sum shall be paid in one amount to his remarried widow or, if there is no such widow, to his child or children; provided, however, that such amount shall not be paid to any widow who was not married to such member at least one year prior to his retirement. (Prior code § 5.38.150)

A. Upon the death of a member before retirement, the retirement system shall be liable for a death benefit which, if an amount is due under either subdivisions 3 or 4 of this subsection, and if there is a surviving wife or surviving children, shall be paid in monthly installments to the surviving wife and children as prescribed in this chapter, otherwise, the amounts due under subdivisions 1 and 2 of this subsection shall be paid as prescribed therein, and such death benefit shall consist of:

1. His accumulated contributions, to be paid in a lump sum, to his widow, or, in the event there is no
widow, to his child or children or, in the event there is no widow or child or children, to the beneficiary whom
he nominates by written designation duly executed and filed with the retirement board, and in addition
thereto;

2. An amount equal to his compensation earnable during the six months immediately preceding his death
to be paid in a lump sum to his widow or, in the event there is no widow to his child or children or, in the
event there is no widow or child or children to his parent or parents whom the retirement board determines,
to have been dependent, in whole or in part, upon such member; and, if the retirement board determines
such death to be the result of injury or illness incurred while in the performance of duty, in addition thereto;

3. An amount sufficient, when added to the amount provided in subdivision 1 of this subsection to provide
an allowance equal to one-half of the member’s final compensation, payable as provided in Section 2.92.050.
If payment of the allowance is terminated because of the marriage of the widow or attainment of the age of
eighteen years by a child, before the total of the monthly payments made equals the sum of the amounts
provided in subdivisions 1 and 2 of the subsection, then an amount equal to the difference between the total
and the sum shall be paid in one amount to the married widow, or if there is no such widow, to the child or
children of the deceased member. If the retirement board determines that death is not the result of injury or
illness incurred in the performance of duty, and if the member is qualified for retirement from service under
Section 2.92.240, then, in addition to the amounts provided in subdivisions 1 and 2 of this subsection;

4. An amount sufficient when added to the amount provided in subdivisions 1 and 2 of this subsection,

when applied according to rates and tables actuarially recommended and approved by the retirement board, to provide an allowance to be paid to the widow to whom the member was married at least one year prior to his death to be equal in amount to the allowance calculated as in Section 2.92.240, which would have been payable to her if the member had retired for disability at the time of his death and had died instantly thereafter, and to continue throughout her life or until her remarriage. If there is no such widow or if she dies before all surviving children of such deceased member have attained the age of eighteen years, then to his child or children until such child or children has attained the age of eighteen years. If payment of the allowance is terminated because of marriage of the widow or attainment of the age of eighteen years by such child or children before the total of the monthly payments made equals the sum or the amounts provided in subdivisions 1 and 2 of this subsection, than an amount equal to the difference between the total and the sum shall be paid in one amount to the married widow, or if there is no such widow, to the child or children of the deceased member;

5. A member or a beneficiary after the death of a member may, by written election duly executed and filed with the retirement board, have the death benefit, provided to be paid in a lump sum in this section, paid in monthly or annual installments subject to such rules and regulations as the board may adopt.

B. Should the service of a member be discontinued except by death or retirement, he shall be paid such part of his accumulated contributions as he demands; provided, if in the opinion of the retirement board, the member is permanently separated from the service, by reason of such discontinuance, he shall be paid forthwith all his accumulated contributions.

C. Any such member who again becomes a member of the system, shall redeposit in the retirement fund within a period of six months an amount equal to that which he withdrew. His rate of contribution for future years shall be the same as his rate prior to the termination of membership. (Prior code § 5.38.160)

A. Should any member be separated from service of the fire department through any cause other than death or retirement, then all of the member’s contributions, with interest, shall be refunded to the member; provided, that if such member is entitled to be credited with at least ten years of service, the member shall have the right to elect within ninety days after the termination of service, whether to allow the member’s accumulated contributions to remain in the retirement fund. Such election shall become void upon such person’s employment in a position requisite for membership in this system, and may be revoked by such person at any time prior thereto. Upon such revocation, the member’s accumulated contributions shall be refunded to the member. Failure to make an election during the ninety-day period shall be deemed an irrevocable election to withdraw the member’s accumulated contributions.

B. A member whose membership continues under this section is subject to the same age requirement as applied to other members for service retirement but is not subject to a minimum service requirement. After the qualification of such member for retirement by reason of age for service retirement and only then, the member shall be entitled to receive a retirement allowance based upon the amount of the member’s accumulated contributions and service standing to the member’s credit at the time of retirement and on the employer contributions held for the member and calculated in the same manner as for other members. (Prior code § 5.38.162)

If a member who has separated from service and who has elected to continue his membership pursuant to Section 2.92.270 again becomes an employee of the fire department on reentry the member’s rate of contributions for the future shall be adjusted by the actuary as necessary, by adding to his original age for contribution purposes the number of years the member was out of service in the fire department. (Prior code § 5.38.164)

The provisions of Sections 2.92.010 through 2.92.280 shall in no way alter, modify, change or abrogate any of the terms, conditions or provisions of that certain act of the legislature known and referred to as the Workman’s Compensation, Insurance and Safety Act or any amendments thereto. (Prior code § 5.38.180)

The right of a person to any benefit or other right under this chapter and the money in the pension fund is not subject to execution, garnishment, attachment or any process whatsoever. (Prior code § 5.38.185)

before December 31, 1970.

A. The five percent increase in monthly allowance with respect to persons retired or members who died on or before December 31, 1970, effective as of October 1, 1973, pursuant to minute order of the city council dated August 13, 1973, is ratified.

B. The monthly allowance paid with respect to a person retired or a member who died on or before December 31, 1970, shall be adjusted by a ten percent increase, to be paid from the surplus in the fund. Such percentage shall be applied to the allowance payable on the operative date of this section and the increased allowance shall be paid for time on and after the date. (Prior code § 5.38.186)

between January 1, 1971, to June 30, 1971.

A. The monthly allowance paid with respect to a person retired or a member who died during the period of January 1, 1971, to June 30, 1971, inclusive, shall be adjusted by a five percent increase, to be paid from the surplus in the fund.

B. Such percentage shall be applied to the allowance payable on the operative date of this section and the increased allowance shall be paid for time on and after that date. (Prior code § 5.38.187)

A. The monthly allowance paid with respect to a person retired or a member who died shall receive an adjustment increase in accordance with the following schedule:

Retirement Date Percentage Increase

on or before

12/31/65 15%

1966 14

1968 12

1969 9

1970 6

1971 5

1972 4

1973 3

B. Such percentage shall be applied to the allowance payable from and after July 1, 1979.

C. Commencing on July 1, 1982 and every year thereafter through July 1, 1991, the schedule provided in subsection A of this section shall be increased by a two percent cost-of-living adjustment. Commencing July 1, 1992 and every year thereafter through July 1, 1996, the schedule provided in subsection A of the section shall be increased by a three percent cost-of-living adjustment with monthly payments rounded to the next highest whole dollar after applying this increase. Commencing January 1, 1997 and every year thereafter, the schedule provided in subsection A of the section shall be increased by a three and one-half percent cost-of-living adjustment with monthly payments rounded to the next highest whole dollar after applying this increase.

D. In addition to the cost-of-living increases specified in subsection C of this section, the schedule provided in subsection A of this section shall be increased as follows:

Retirement Date Percentage Increase

July 1, 1982 10%

Retirement Date Percentage Increase

August 1, 1987 10%

July 1, 1990 10%**

** Monthly payments will be rounded to the next highest whole dollar after applying this increase.

(Ord. 3734 § 3, 1996; Ord. 3453 §§ 1, 2, 1992; Ord. 3307 § 1, 1990; Ord. 3121 § 5, 1987; Ord. 2772 § 1, 1982; prior code § 5.38.188)

A. Time during which a member is absent from service on leave of absence whether by reason of having been ordered on duty with the armed forces of the United States or otherwise shall be considered as time spent in city service.

B. Any member so absent shall contribute to the system, either during such absence or upon his return to the service, at times and in a manner fixed by the pension board, amounts equal to the contributions which would have been made by him to the system on the basis of his compensation allowable to the position held by him at the commencement of his leave of absence. (Prior code § 5.38.220)

The Bakersfield Municipal Code is current through Ordinance 5214, passed April 8, 2026.

Disclaimer: The city clerk has the official version of the Bakersfield Municipal Code. Users should contact the city clerk for ordinances passed subsequent to the ordinance cited above.

City Website: www.bakersfieldcity.us City Telephone: (661) 326-3000

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