Chapter 4.20 — FIRE DEPARTMENT PENSION SYSTEM

Sections: 4.20.010 Definitions. 4.20.020 Fund--Established--Use restrictions. 4.20.030 Board--Created--Membership and organization. 4.20.040 Board--Powers and duties designated. 4.20.050 Board--Meetings. 4.20.060 Board--Reports required. 4.20.070 Retirement--Benefits designated--Computation. 4.20.080 Pension--Benefits designated--Computation. 4.20.090 Retirement--Ordered by board--Computation of pension. 4.20.100 Retirement--Benefits after death. 4.20.110 Benefits--Following death in actual performance of duty--Computation. 4.20.120 Benefits--Following death in actual performance of duty--Retroactive applicability when.

4.20.130 Benefits following death other than in actual performance of duty. 4.20.140 Retirement with pension--When disabled in actual performance of duty. 4.20.150 Retirement with pension--When disabled other than in actual performance of duty. 4.20.160 Disability certification requirements. 4.20.170 Examination of persons retired for disability--Board authority. 4.20.180 Pension--Cost of living increase--Under provisions prior to March 1, 1953. 4.20.190 Pension--Increase or decrease authorized when. 4.20.200 Pension--Cost of living increase--Commencing January 1, 1969. 4.20.210 Disability pensioners--Residence requirement. 4.20.220 Pension--Forfeiture authorized when. 4.20.230 Benefits--Application requirements. 4.20.240 Benefits--Hearing on application--Notice required--Board authority. 4.20.250 Pension--Limitations to surviving spouses and dependents. 4.20.260 Pension--Payment procedures. 4.20.270 Compulsory retirement age. 4.20.280 Pension--Conditions and restrictions. 4.20.290 All pensions to be computed on same basis. 4.20.300 Pensioner--Service after retirement--Limitations. 4.20.310 Fund--Contributions--Percentages and procedures. 4.20.320 Fund--Contributions--Voluntary basis and authorization required. 4.20.330 Fund--Contributions--Following withdrawal from or reentry to pension system. 4.20.340 Fund--Contributions--For members on leave. 4.20.350 Fund--Use restrictions. 4.20.360 Fund--Disposition and investment of monies. 4.20.370 Fund--Contributions--Return to member authorized when. 4.20.380 Repayment of withdrawn contributions by persons reentering the service. 4.20.390 Payment of existing pensioners. 4.20.400 Benefits--Who is entitled to receive. 4.20.410 Retirement--One-year limitation when. 4.20.420 Pension--Chapter provisions exclusive. 4.20.430 Fund--Contributions--Withdrawal and transfer authorized when.

• Fire Department organization generally, see Ch. 2.65 of this code.

Pension provisions for other employees are provided for by Ord. 2480-NS, which authorizes participation in state of California Public Employees Retirement System.

For the purpose of this chapter certain words, terms and phrases shall be defined as follows:

A. "Aggregate service" means the total length of time that any person has been a duly appointed member of the Fire Department, including leave of absence with or without pay, and without regard to the continuity of such employment; and such aggregate service shall include any period of time during which a member shall receive benefits under Section 4.20.140, but shall not include any period of time during which a member shall receive benefits under other provisions of this chapter, and shall not include any period of time from and after the effective date of the ordinance codified in this chapter during which a member does not contribute to the fund except during such period as they may be receiving benefits under Section 4.20.140 hereof and except as provided in Section 4.20.330 hereof; and further provided, that during service performed prior to the effective date of the ordinance codified in this chapter, no portion of a leave of absence in excess of two months shall be included in aggregate service unless such leave was for service in the armed forces of the United States in time of great national emergency, or unless such leave was an assignment to represent the City, or to assist another City in making surveys or reorganizations, or to act in some other official capacity; or unless it was because of sickness or injury.

B. Whereas the word "board" has heretofore meant the Fire Pension Board, it shall henceforth mean the Safety Members Pension Board, and whenever the word "board" appears it shall hereinafter refer to the Safety Members Pension Board.

C. Whereas the word "fund" has heretofore meant the fire pension fund, it shall henceforth mean the safety members pension fund, and whenever the word "fund" appears in Ordinance 2188-NS, as codified in this chapter, it shall hereinafter refer to the safety members pension fund.

D. "Member," or "member of the Fire Department" means any person regularly appointed to service in the Fire Department of the City prior to and including March 1, 1973, and who, in an election held for that purpose, elects not to transfer to the California Public Employees Retirement System. The term shall not include clerks, stenographers, typists, fire lookouts, civilian fire alarm operators, or other civilian or temporary employees.

E. "Pensioner" means any person who shall be receiving a pension under the terms and provisions of this chapter.

F. Wherever the language "the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement" appears in this chapter, it shall be interpreted to mean one thirty-sixth of the aggregate salary which attached to the rank or ranks while held by such member for the three-year period immediately preceding the date of retirement, without any deductions for leaves of absence without pay or credits for overtime. (Ord. 4845-NS § 3 (part), 1976; Ord. 3373-NS (part), 1954; Ord. 3177-NS (part), 1951; Ord. 3075-NS (part), 1949; Ord. 2625-NS (part), 1944; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 1, 1938)

There is created and established a fund to be known as the "safety members pension fund," which shall be established for the members of the Police Department of the City who were members of the police employees pension fund, the members of the Fire Department who were members of the fire pension fund and the members of the Police and Fire Departments who were members of the police and fire employees pension fund, which fund shall be established, maintained and administered as herein provided.

The fund shall be kept inviolate, and no portion thereof shall be used for any purpose other than those specified in this chapter or those portions of Ordinances 2188-NS, 3558-NS and 2250-NS still in effect. (Ord. 4845-NS § 3 (part), 1976; Ord. 2188-NS § 2, 1938)

There is created a board which is to be known as the Safety Members Pension Board. The board shall consist of five individuals. The City Manager shall appoint two employees. The remaining members of the board shall be the Police Chief, Fire Chief and Finance Director and/or their respective designees. A majority of the members of the board shall constitute a quorum. No action may be taken by the board except by a majority vote of the entire membership thereof. (Ord. 6533-NS § 1, 2000; Ord. 4845-NS § 3 (part), 1976; Ord. 4486-NS (part), 1970; Ord. 3608-NS (part), 1958; Ord. 3034-NS (part), 1949; Ord. 2730-NS (part), 1946; Ord. 2677-NS (part), 1945; Ord. 2188-NS § 3, 1938)

The board shall in addition to other powers and duties herein granted have the power and duty:

A. To take charge of, to manage and to administer the fund and to order payments therefrom in pursuance of this chapter;

B. To provide for the payment from the fund of all necessary expense for its administration; provided, that no compensation, direct or indirect, shall be paid to or received by any member of the board for any duty required or performed under this chapter;

C. To enter into agreements with firms providing investment counseling and management services for management of the investment of reserves in the pension fund or advice pertaining thereto;

D. To compel witnesses to attend and testify before the board upon all matters connected with the operation of this chapter in the same manner as is or may be provided by law for the taking of testimony before notaries public, and the chairperson or any member of the board may administer oaths to such witnesses;

E. To make all needful rules and regulations for the guidance of the board in conformity with the provisions of this chapter;

F. To keep a record of all its proceedings, which shall be a public record;

G. To grant or deny all applications for pensions or benefits and to make findings of fact in regard thereto; such decisions and findings shall be final. (Ord. 4845-NS § 3 (part), 1976; Ord. 4143-NS (part), 1966; Ord. 3373-NS (part), 1954; Ord. 2188-NS § 4, 1938)

The board shall hold regular meetings quarterly in the first week of January, April, July and October of each year, at such time and place within the City as shall be designated by the chairperson of the board, and in addition thereto shall hold special meetings upon the call of the chairperson, or the call of the majority of the members of the board in the absence of the chairperson, as the affairs of the board may require. (Ord. 2254-NS (part), 1939; Ord. 2188-NS § 5, 1938)

The board shall render an annual report to the City Council on or before the twentieth day of July of each year, showing the receipts and disbursements from the fund during the previous fiscal year together with the names of the pensioners and the amounts paid them and the balance remaining in the fund. The board shall also render such reports from time to time as the City Council shall direct. (Ord. 2188-NS § 6, 1938)

A. Whenever any member of the Fire Department, as of April 28, 1938, or thereafter, shall have served in the aggregate for any of the periods of service listed below, they shall be entitled upon written application to the board to retire from the service and to receive pension benefits listed below:

1. After twenty years of aggregate service as herein defined and upon reaching sixty years of age, one-half
of the average monthly rate of salary which such member shall have received during the three years
immediately preceding the date of retirement;

2. After twenty-five years of aggregate service as herein defined and upon reaching fifty years of age, fifty
percent of the average monthly rate of salary which such member shall have received during the three years
immediately preceding the date of retirement;

3. After twenty-six years of aggregate service as herein defined and upon reaching fifty years of age, 53.33
percent of the average monthly rate of salary which such member shall have received during the three years
immediately preceding the date of retirement;

4. After twenty-seven years of aggregate service as herein defined and upon reaching fifty years of age,
56.67 percent of the average monthly rate of salary which such member shall have received during the three
years immediately preceding the date of retirement;

5. After twenty-eight years of aggregate service as herein defined and upon reaching fifty years of age, sixty
percent of the average monthly rate of salary which such member shall have received during the three years
immediately preceding the date of retirement;

6. After twenty-nine years of aggregate service as herein defined and upon reaching fifty years of age, 63.33
percent of the average monthly rate of salary which such member shall have received during the three years
immediately preceding the date of retirement;

7. After thirty years of aggregate service as herein defined, regardless of age, two-thirds of the average
monthly rate of salary which such member shall have received during the three years immediately preceding
the date of retirement.

B. The change in pension benefits provided for in subdivisions 3, 4, 5 and 6 of this section shall not apply to those receiving pensions prior to April 8, 1954.

C. In the event that a member who has previously been retired for disability in the actual performance of duty, under the provision of Section 4.20.140, and has been restored to active service, shall be entitled to a pension under the terms of this section, then the basis of the pension shall be the average monthly rate of salary which such member shall have received during the three years immediately preceding the disability for which such previous pension was granted, or in the event of service less than three years in length immediately preceding the disability for which such previous pension was granted the average monthly rate of salary which such member shall have received during such period of service, or the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement under the provisions of this section, or in the event of service less than three years in length after such restoration to active service the average monthly rate of salary which such member shall have received during such period of service, whichever is the greater.

D. In the event that a member who has previously been retired for disability not in the actual performance of duty, under the provisions of Section 4.20.150, and has been restored to active service, shall be entitled to a pension under the terms of this section, then the basis of the pension shall be the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement under the provisions of this section, or in the event of service less than three years in length after such restoration to active service the average monthly rate of salary which such member shall have received during such period of service.

E. In the event that a member who has previously been retired for disability in actual performance of duty, under the provisions of Section 4.20.140, and has not been restored to active duty, shall become entitled to a pension under the terms of this section, such pension shall be one-half of the average monthly rate of salary which such member shall have received during the three years immediately preceding the disability, regardless of the length of such member’s aggregate service. (Ord. 3458-NS (part), 1955; Ord. 3373-NS (part), 1954; Ord. 2625-NS (part), 1944; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 7, 1938)

A. In the event of separation from the service of any member of the Fire Department who shall at the time of separation be entitled to a pension under the provisions of Section 4.20.070, or who shall have served in the aggregate in the Fire Department for a period of twenty-five or more years, regardless of age, they shall be entitled upon written application to the board to the pension benefits listed below:

1. If entitled to pension benefits as set forth in Section 4.20.070, they shall be granted such pension
benefits.

2. If they shall have served in the aggregate in the Fire Department for a period of twenty-five years,
regardless of age, they shall be entitled to a pension equal to fifty percent of the average monthly rate of
salary which such member shall have received during the three years immediately preceding the date of
completion of twenty-five years of service, or during the three years immediately preceding the date of
separation, whichever is the greater.

3. If they shall have served in the aggregate in the Fire Department for a period of twenty-six years,
regardless of age, they shall be entitled to a pension equal to 53.33 percent of the average monthly rate of
salary which such member shall have received during the three years immediately preceding the date of
completion of twenty-six years of service, or during the three years immediately preceding the date of
separation, whichever is the greater.

4. If they shall have served in the aggregate in the Fire Department for a period of twenty-seven years,
regardless of age, they shall be entitled to a pension equal to 56.67 percent of the average monthly rate of
salary which such member shall have received during the three years immediately preceding the date of
completion of twenty-seven years of service, or during the three years immediately preceding the date of
separation, whichever is the greater.

5. If they shall have served in the aggregate in the Fire Department for a period of twenty-eight years,
regardless of age, they shall be entitled to a pension equal to sixty percent of the average monthly rate of
salary which such member shall have received during the three years immediately preceding the date of
completion of twenty-eight years of service, or during the three years immediately preceding the date of
separation, whichever is the greater.

6. If they shall have served in the aggregate in the Fire Department for a period of twenty-nine years,
regardless of age, they shall be entitled to a pension equal to 63.33 percent of the average monthly rate of
salary which such member shall have received during the three years immediately preceding the date of
completion of twenty-nine years of service, or during the three years immediately preceding the date of
separation, whichever is the greater.

B. The change in pension benefits provided for in subdivisions 3, 4, 5 and 6 of subsection A of this section shall not apply to those receiving pensions prior to the effective date of this amendment.

C. None of the pension benefits provided in this section shall be paid to any member who shall be discharged from the service for conviction of a felony or crime involving moral turpitude, notorious or continuous insubordination or neglect of duty, habitual drunkenness or the use of narcotics, or who voluntarily resigns after twenty-five or more years of service but prior to reaching fifty years of age; provided, however, that in any such events the board, in its discretion, may order such pension to which the member would be entitled under the provisions of this section paid to the spouse, child or children under eighteen years of age, or dependent mother or father, if any, of such member. Upon the death of any member whose spouse, child or children under the age of eighteen years, or dependent mother or father is receiving the pension under the provisions of this paragraph, such pension shall cease and the surviving spouse, child or children under the age of eighteen, or dependent mother or father, if any, shall be entitled to a pension under the provisions of Section 4.20.100 in the same manner as if said member had been granted and was receiving a pension.

D. Any pension granted to the spouse of a member, under the terms of the preceding paragraph, shall cease upon the death of such spouse or upon the dissolution of the marriage between said member and said spouse. Any pension granted to the child or children under the age of eighteen years, under the terms of the preceding paragraph, shall cease with respect to each child at the time that such child reaches the age of eighteen, and the portion theretofore payable to such child shall be payable to the remaining children under the age of eighteen years.

E. Any pension granted to a dependent mother or father, under the terms of the preceding paragraph, shall cease when it is determined that the dependency of said mother or father has ceased.

F. In the event of the death of any member of the Fire Department who shall at the time of death be entitled to a pension under the provisions of Section 4.20.070, or who shall have served in the aggregate for a period of twenty-five or more years, regardless of age, then upon application to the board, the surviving spouse, child or children under the age of eighteen years, or dependent mother or father, shall be entitled to a pension in the amount and in the order of succession as provided in Section 4.20.100. (Ord. 3373-NS (part), 1954; Ord. 2625-NS (part), 1944; Ord. 2553-NS (part), 1943; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 8, 1938)

A. Whenever any member of the Fire Department shall become entitled to retire and receive pension benefits under Section 4.20.070, the board upon its own motion, after notice and hearing, may order the retirement of said member and the payment of the pension benefit to which they are entitled if such retirement is deemed advisable for the good of the service.

B. Whenever any member of the Fire Department shall have completed in the aggregate twenty-five years of service, regardless of age, the board upon its own motion after notice and hearing, may order the retirement of said member and the payment of a pension equal to fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement if such retirement is deemed advisable for the good of the service.

C. Whenever any member of the Fire Department shall have completed in the aggregate twenty-six years of service, regardless of age, the board upon its own motion after notice and hearing, may order the retirement of said member and the payment of a pension equal to 53.33 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement if such retirement is deemed advisable for the good of the service.

D. Whenever any member of the Fire Department shall have completed in the aggregate twenty-seven years of service, regardless of age, the board upon its own motion after notice and hearing, may order the retirement of said member and the payment of a pension equal to 56.67 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement if such retirement is deemed advisable for the good of the service.

E. Whenever any member of the Fire Department shall have completed in the aggregate twenty-eight years of service, regardless of age, the board upon its own motion after notice and hearing, may order the retirement of said member and the payment of a pension equal to sixty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement if such retirement is deemed advisable for the good of the service.

F. Whenever any member of the Fire Department shall have completed in the aggregate twenty-nine years of service, regardless of age, the board upon its own motion after notice and hearing, may order the retirement of said member and the payment of a pension equal to 63.33 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement if such retirement is deemed advisable for the good of the service.

The change in pension benefits provided for in subsections C, D, E, and F of this section shall not apply to those receiving pensions prior to the effective date of the amendment codified in this section. (Ord. 3373-NS (part), 1954; Ord. 2624-NS (part), 1944; Ord. 2188-NS § 9, 1938)

A. Upon the death of any person receiving a pension under Sections 4.20.070 through 4.20.090, or a person who has elected to receive the service retirement benefit as provided in Section 4.20.140, a pension equal to one-third of the average salary upon which said pension in said sections was based, and upon the death of any person receiving a pension under Section 4.20.140, except a person who has elected to receive the service retirement benefit as provided in said Section 4.20.140, a pension equal to one-half of the average salary upon which such pension in said section was based, shall be paid as follows:

1. To the surviving spouse of the pensioner until remarriage or death;

2. Upon the death of the surviving spouse, to the child or children of the pensioner until said child or
children shall become eighteen years of age;

3. In the event the pensioner leaves no surviving spouse, to the child or children of said pensioner until said
child or children become eighteen years of age;

4. In the event the pensioner leaves no surviving spouse and no child or children under the age of eighteen
years, to the dependent mother or father of said pensioner. The board shall have the power to determine the
fact of such dependency and shall allow such pension to such parent or parents while such dependency shall
continue.

B. Pension payments to be made to children under eighteen years of age as set forth under subdivisions 2 and 3 of subsection A shall terminate with respect to each child at the time that such child reaches the age of eighteen, and the portion thereof theretofore payable to such child shall be payable to the remaining children under the age of eighteen years.

C. In no event shall payments made under the terms of this section exceed one-third or one-half, as the case may be, of the average salary upon which the prior pension was based.

D. Upon the death of any person receiving a pension under Section 4.20.150, such pension shall cease and no further pension payments shall be made to anyone; provided, that in the event the total pension payments made to such person receiving a pension under Section 4.20.150 are less than such person’s total contributions to the fund, computed without interest, the difference between such total pension payments and such total contributions with interest at the rate of two percent per year, compounded annually as of January 1st of each year, shall be paid to their surviving spouse; if they leave no surviving spouse then to their child or children under the age of eighteen years; if they leave neither surviving spouse nor child or children under the age of eighteen years, then to their dependent mother or father, the fact of such dependency to be determined by the boards; if they leave neither surviving spouse, no child or children under the age of eighteen years, nor dependent mother or father, then to their estate.

E. For the purpose of this section, compound interest shall be computed annually as of January 1st of each year on the total amount of the member’s accumulated contributions as of that date. Such interest shall be computed and allowed only for the period prior to the disability retirement under Section 4.20.150. (Ord. 3549-NS (part), 1957; Ord. 3458-NS (part), 1955; Ord. 3373-NS (part), 1954; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 10, 1938)

Computation.

A. Whenever any member of the Fire Department shall lose their life as a direct result of the actual performance of their duty, leaving a surviving spouse, child or children under eighteen years of age, or dependent mother or father, then upon satisfactory proof of such facts made to it, the board shall order and direct that a pension equal to one-half the average monthly rate of salary which such member shall have received during the three years immediately preceding the member’s death, or in the event of service less than three years in length, one-half the average monthly rate of salary which such member shall have received during such period of service, shall be paid as follows:

1. To the surviving spouse of the member until remarriage or death;

2. Upon death of the surviving spouse, to the child or children of the member under the age of eighteen
years until such child or children become eighteen years of age;

3. In the event the member leaves no surviving spouse, to the child or children of said member under the
age of eighteen years until such child or children become eighteen years of age;

4. In the event the member leaves no surviving spouse and no child or children under the age of eighteen
years, to the dependent mother or father of said member. The board shall have the power to determine the
fact of such dependency and shall allow such pension to such parent or parents while such dependency shall
continue.

B. Pension payments to be made to children under eighteen years of age as set forth under subdivisions 2 and 3 of subsection A shall terminate with respect to each child at the time that such child reaches the age of eighteen, and the portion theretofore payable to such child shall be payable to the remaining children under the age of eighteen years.

C. In no event shall payments made under the terms of this section hereinabove set forth exceed one-half of the average monthly rate of salary which such member shall have received during the three years immediately preceding the member’s death.

D. In the event the member leaves neither surviving spouse, nor child or children under the age of eighteen years, nor dependent mother or father, then there shall be paid to their estate an amount equal to the amount provided for in Section 4.20.130 in the case of death from causes other than as a direct result of the actual performance of duty. This provision for payment to a deceased member’s estate shall be applicable in the case of any member who has died subsequent to April 1, 1964. (Ord. 4062-NS (part), 1965; Ord. 3373-NS (part), 1954; Ord. 2625-NS (part), 1944; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 11, 1938)

Retroactive applicability when.

Beginning on the first day of the month following the effective date of the amending ordinance the widow of a member of the Fire Department who lost their life as a direct result of the actual performance of their duty after April 28, 1938, and prior to April 20, 1939, and who is now receiving a pension under Section 4.20.110 as it existed prior to April 20, 1939, shall be entitled to a pension equal to one-half the average monthly rate of salary which such member received during the three years immediately preceding their death.

Said pension shall be subject to the terms and conditions of Section 4.20.110 originally enacted by Ordinance 2188-NS and as amended by Ordinance 2625-NS, in effect June 16, 1944. (Ord. 3312-NS (part), 1953; Ord. 2188-NS § 11.1, 1938)

duty.

A. Whenever any member of the Fire Department shall die from causes other than as a direct result of the actual performance of duty, the total contributions of such member, with interest at the rate of two percent per year compounded annually as of January 1st of each year plus a sum equal to one month’s salary of such deceased member for each year of service as a member not to exceed six months’ salary, shall be paid to their surviving spouse; if they leave no surviving spouse, then to their child or children under the age of eighteen years; if they leave neither surviving spouse, nor child or children under the age of eighteen years, then to their dependent mother or father, the fact of such dependency to be determined by the board; if they leave neither surviving spouse, no child or children under the age of eighteen years, nor dependent mother or father, then to their estate.

B. The month’s salary referred to in this section shall be the average monthly rate of salary which such deceased member shall have received during the three years immediately preceding the date of their death, or in the event of service less than three years in length the average monthly rate of salary which such member shall have received during such period of service.

C. In determining years of service for the purposes of this section, any period of service less than a full year shall be included on a fractional basis in accordance with the number of months served during such period less than a full year; for example, a member who has served for five years and five months shall be deemed to have five and five-twelfths years of service. In making such determination, fifteen days or more shall be counted as a full month; less than fifteen days shall not be counted as a month.

D. The provisions of this section shall be applicable in the case of any member who has died subsequent to January 1, 1955. (Ord. 4062-NS (part), 1965; Ord. 3458-NS (part), 1955; Ord. 3373-NS (part), 1954; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 12, 1938)

duty.

A. Whenever any member of the Fire Department becomes mentally or physically disabled by reason of the immediate or direct performance or discharge of their duty, the board shall upon their written request, or without such request if it deems it to be for the good of the Fire Department, retire such person from the department and order and direct that they shall be paid from the fund during the period of their disability a pension equal to one- half of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement, or in the event of service less than three years in length, a pension equal to one-half the average monthly rate of salary which such member shall have received during such period of service; provided, however, that in the event such disabled member is eligible for service retirement benefits under the provisions of Section 4.20.070 hereof, they may elect to be retired for disability as in this section provided and receive the service retirement benefit for which they are eligible under said Section 4.20.070 in which case the pension payable to their surviving spouse, their child or children under the age of eighteen years, or their dependent mother or father, as the case may be, as provided in Section 4.20.100 hereof, shall be one-third of the average salary upon which said member’s pension was based. Such election shall be final and cannot be changed after the member has received any benefits thereunder.

B. In the event that such disability as covered in this section shall cease, such pension shall cease and such person shall be restored to active service at the rank which they held prior to such retirement; provided, however, that this provision shall not apply in the case of a member who has elected to receive the service retirement benefit as hereinabove in this section provided.

C. No provision of this section shall be construed to preclude the surviving spouse, child or children under the age of eighteen years, or dependent mother or father of any member who is disabled in the actual performance of duty, whether such member has received benefits under the provisions of this section, from applying for or receiving the benefits to which they may be entitled under the provisions of other sections of this chapter. (Ord. 3549-NS (part), 1957; Ord. 3458-NS (part), 1955; Ord. 3373-NS (part), 1954; Ord. 2625-NS (part), 1944; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 13, 1938)

performance of duty.

A. Whenever any member of the Fire Department shall become mentally or physically disabled in any manner other than by reason of the immediate or direct performance or discharge of duty, so that they shall be unable to perform the duties of a member of their department, and such member has five hundred dollars or more on deposit in accumulated contributions or has served as a member of the Fire Department for ten or more years, the board shall upon their written request, or without such request if it deems it to be for the good of the Fire Department, retire such person from the department and order and direct that they shall be paid from the fund during the period of their disability a monthly pension as follows:

A sum equal to 1.5 per cent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement, or in the event of service less than three years in length the average monthly rate of salary which such member shall have received during such period of service, multiplied by the number of years of service of such member. Provided, that if such member at the time of such retirement has more than ten years of service in the Fire Department, the pension awarded under this section shall not be less than twenty-five percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement.

B. In determining years of service for the purpose of this section, any period of service less than a full year shall be included on a fractional basis in accordance with the number of months served during such period less than a full year; for example; a member who has served for five years and five months shall be deemed to have five and five-twelfths years of service. In making such determination, fifteen days or more shall be counted as a full month; less than fifteen days shall not be counted as a month.

C. If a person pensioned under this section secures gainful employment at any time prior to the time that they would have been eligible for service retirement benefits under this chapter if they had not been granted a pension under the provisions of this section, the amount of the pension paid hereunder shall be reduced by the amount which their earnings from such gainful employment, plus the pension paid hereunder, exceeds the average salary upon which the pension is based. Such reduction shall continue only during the time that they are gainfully employed and during the time prior to the time that they would have been eligible for service retirement benefits under this chapter if they had not been granted a pension under the provisions of this section.

D. On or before the fifth day of each month, every person pensioned under this section who is gainfully employed shall file with the secretary of the board a report of their earnings from such gainful employment for the preceding month. The amount of the pension to be paid hereunder for the month following the month for which the report is made shall be determined in accordance with such earnings report and the provisions of this section. Such reports need not be filed by a person pensioned under this section who is not gainfully employed, nor by a person pensioned under this section after the time that they would have been eligible for service retirement benefits under this chapter if they had not been granted a pension under the provisions of this section.

E. Nothing provided in this section shall prejudice the rights of any member under Sections 4.20.080 or 4.20.090 of this chapter. (Ord. 3458-NS (part), 1955; Ord. 2188-NS § 14, 1938)

No person shall be retired, as provided in Sections 4.20.140 or 4.20.150, or receive any benefit under said sections, unless there shall be filed with the board certificates of their disability, which certificates shall be subscribed and sworn to by two regularly licensed and practicing physicians. The board may require other evidence of disability before ordering such retirement and payment as aforesaid. (Ord. 3458-NS (part), 1955; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 15, 1938)

Any person retired for disability under this chapter may be summoned before the board at any time thereafter, and shall submit themselves thereto for examination as to their fitness for duty. If the board shall find such person fit for duty, it shall order them to return to duty and shall order that their pension cease. Provided, however, that the provisions of this section shall not apply in the case of a person who has elected to receive the service retirement benefit as provided in Section 4.20.140 hereof. (Ord. 3549-NS (part), 1957; Ord. 3458-NS (part), 1955; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 16, 1938)

1, 1953.*

A. Certain persons receiving pensions under the provisions of Ordinance 2188-NS prior to March 1, 1953 shall be entitled to receive as monthly pension payments the amounts set after their respective names, commencing on the first day of the month and following August 27, 1953, the effective date of the amending ordinance.

B. In the event that any other person shall succeed to the pension rights of any of those persons, as provided in Ordinance 2188-NS, the amount of pension payable to such successor shall be computed upon the same basis as has been used in fixing the above amounts.

C. The pension payments as fixed by this section may be changed at any time by the City Council, but unless so changed they shall remain fixed and shall not increase or decrease with changes in salary or changes in cost of living. (Ord. 3322-NS (part), 1953; Ord. 2188-NS § 16.1, 1938)

• Editor’s Note: Refer to original ordinance in the City Clerk’s Office for names of persons affected by this section.

Notwithstanding any other provision contained in this chapter, all members of the fire pension fund who became members of such system prior to June 16, 1944 and have heretofore or are hereafter retired pursuant to Sections 4.20.070, A 2 through A 6; 4.20.080, A 3 through A 5; 4.20.090 C through F or Section 4.20.150, as provided in said sections on and after April 8, 1954 or who elect under Section 4.20.140 to receive the service retirement benefits provided by said Section 4.20.070 A 3 through A 6, as provided in said section on and after April 8, 1954, shall be entitled to a pension based upon the average salary attached to the respective rank or ranks held during the three years immediately preceding the date of retirement, such pension to increase or decrease as salaries attached to the respective rank or ranks are increased or decreased. The provisions of this section shall not apply to pension payments made prior to January 9, 1958. (Ord. 3608-NS (part), 1958; Ord. 2188-NS § 16.2, 1938)

A. Certain persons receiving pensions under the provisions of Ordinance 2188-NS shall be entitled to receive as monthly pension payments the amounts set forth after their respective names, commencing January 1, 1969.

B. In the event that any person shall succeed to the pension rights of any of such persons, as provided in Ordinance 2188-NS, the amount of pension payable to such successor shall be computed upon the same basis as has been used in fixing the above amounts.

C. The pension payments as fixed by this section may be changed at any time by the City Council, but unless so changed they shall remain fixed and shall not increase or decrease with changes in salary or changes in cost of living. (Ord. 4396-NS (part), 1969; Ord. 4023-NS (part), 1964; Ord. 2188-NS § 16.3, 1938)

• Police Department organization generally, see Ch. 2.64 of this code.

Pension provisions for other employees are provided for by Ord. 2480-NS, which authorizes participation in state of California Public Employees Retirement System.

No person receiving a disability pension under the provisions of Sections 4.20.140 or 4.20.150 shall become a nonresident of the state of California without permission of the board; provided, however, that the provisions of this section shall not apply to any person whose age and aggregate service, including the time during which they have received said disability pension, are such as would entitle them to service retirement benefits if they were not receiving a disability pension. (Ord. 3549-NS (part), 1957; Ord. 2188-NS § 17, 1938)

Whenever any member who shall receive a pension from the fund shall willfully disobey the requirements and orders of the board; be convicted of a felony or crime involving moral turpitude; become an habitual drunkard or narcotic addict; become a nonresident of the state of California without permission of the board where such permission is required by Section 4.20.210 then the board may, after notice and hearing, order that the pension payments to them shall immediately terminate; provided, however, that the board in its discretion may order the pension to be paid to such dependents of said person, if there be any, in order of succession as set forth in Section 4.20.100 of this chapter. (Ord. 3549-NS (part), 1957; Ord. 2188-NS § 18, 1938)

Any person making a claim upon the fund under any of the provisions of this chapter shall make a written application therefor upon forms provided by the board and kept on file in the office of the chief of the Fire Department; and said application shall be filed by the applicant with the secretary of the board. A copy of said application shall be filed with the City Manager and with the chief of the Fire Department.

Application to the board for benefits provided in this chapter, upon the death of a member or pensioner, must be made within one year from the date of death, or from the date of appointment of a guardian or trustee of the person to whom the said benefits would be payable, if such person is incompetent or is a minor; provided, that if application for death benefits is made under Section 4.20.110, and such application is denied, application may be made for benefits under Section 4.20.130 at any time within sixty days after notice of such denial. If application for death benefits is not made within the times herein provided, no death benefits shall be awarded or paid. (Ord. 4845-NS § 3 (part), 1976; Ord. 2188-NS § 19, 1938)

authority.

A. Each person who shall file an application for any of the benefits as provided in this chapter shall be given at least ten days’ written notice prior to the hearing at which their claim will be considered unless said notice shall be waived in writing by the applicant. Such notice shall specify the time and place of the hearing, and shall be served by registered mail, postage prepaid, to the applicant at the address shown on said application. The applicant shall be entitled to be present at the hearing as specified in said notice and to present such testimony, evidence or proof in support of their claim as may be necessary and proper under the terms of this chapter.

B. Notice of the decision of the board on any of the cases pending before it shall be forwarded in writing to the applicant within three days after such decision has been reached and in the manner in this section specified for the service of notice of hearing. The provisions of this section shall apply to any and all hearings before the board as specified in this chapter.

C. No hearing shall be required on application for refund of contributions to a member under the provisions of Section 4.20.370; provided, however, the board, in its discretion, may require a hearing on such application. (Ord. 3307-NS (part), 1953; Ord. 2188-NS § 20, 1938)

A. Should a member of the Fire Department have married within one year prior to the date that the board by formal action has granted them a pension, or any time thereafter, then, upon the death of such member, their surviving spouse and/or child or children the issue of said marriage, shall not be entitled to any pension under the terms of this chapter; provided, however, that this section shall not apply to the surviving spouse or child or children, if any, of any member who marries within one year prior to the date of granting of a pension under the provisions of Section 4.20.140.

B. Provided, further, that this section shall not apply to a surviving spouse or child or children, if any, who are entitled to benefits under the provisions of Section 4.20.110 or 4.20.130.

C. In the event of a surviving spouse receiving a pension and refusing to provide for a dependent child or children under eighteen years of age, the board upon satisfactory proof shall have the power to divide the pension as it may deem proper.

D. If at any time a surviving spouse receiving benefits under the provisions of this chapter shall become convicted of a felony or crime involving moral turpitude, become an habitual drunkard or a narcotic addict, or become a nonresident of this state except upon permission of the board, the board may after notice and hearing order that the pension payments to them shall immediately terminate; provided, however, that the board in its discretion may order that the pension continue to the dependent child or children under the age of eighteen years, if any. (Ord. 3458-NS (part), 1955; Ord. 3373-NS (part), 1954; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 21, 1938)

All pension benefits except those provided for in Section 4.20.130 shall be paid in equal monthly payments on the last day of each month.

Benefits due under Section 4.20.130 and the return of contributions under Section 4.20.370 shall be paid in one payment within thirty days from the date of the award by the board; provided, that when no hearing is held on application for refund of contributions to a member under Section 4.20.370, such refund shall be made upon the order of the chairperson and secretary of the board without the necessity of an award by the board, and payment of such refund shall be made within thirty days from the date of the order of the chairperson and secretary. (Ord. 3458-NS (part), 1955; Ord. 3307-NS (part), 1953; Ord. 2188-NS § 22, 1938)

Each member of the Fire Department shall be retired from active service upon reaching age sixty; provided, however, that this provision shall not apply to any person who shall be a member of the department as of April 28, 1938. (Ord. 2188-NS § 23, 1938)

The pensions granted under the terms of this chapter shall be based upon the average monthly rate of salary which such members shall have received during the three years immediately preceding the date of retirement, and shall be for a fixed amount that shall not increase nor decrease, regardless of any change in salary subsequent to the date of granting of the pensions for the rank or ranks that the members held prior to the granting of the pensions.

No pensions, benefits or return of contributions shall be granted to any person, nor shall any person be entitled to or receive any pensions, benefits or return of contributions under the provisions of more than one section of this chapter at the same time. (Ord. 2625-NS (part), 1944; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 24, 1938)

On and after June 16, 1944, the effective date of the amendment codified in this section, any person now receiving a pension under the terms of this chapter shall receive an amount based upon the average monthly rate of salary which such member received during the three years immediately preceding the date of retirement, and that said amount shall be a fixed amount that shall not increase or decrease, regardless of any change in salary subsequent to the date of the granting of the original pension for the rank or ranks that the member held prior to the granting of the pension. (Ord. 2627-NS (part), 1944; Ord. 2188-NS § 24.1, 1938)

No person receiving a pension under the provisions of this chapter shall serve in any elective position in the City of Berkeley, nor shall such person receive any payment for services rendered to the City after retirement, provided that service as an election officer or juror shall not be affected by this section. (Ord. 2188-NS § 25, 1938)

A. The fund shall be established and maintained on a contributory basis. The contributions of the members of the Fire Department together with the contributions of the City shall be paid into the fund.

B. The contributions to the fund of members of the Fire Department shall be the following percentages of the regular monthly salary of each member of said department:

1. Members of the Fire Department at the effective date of the ordinance codified herein, five percent the first year this chapter is in effect, six percent the second year this chapter is in effect and seven percent thereafter;

2. Members who join the Fire Department after the effective date of the ordinance codified herein, seven percent.

C. The contributions of the members of the Fire Department shall be made by deductions from each payroll.

D. A list of the amounts of the deduction from each member’s salary shall be sent by the City Auditor to the secretary of the board, who shall credit each member with their portion of such deduction.

E. In the event that the salary of any member is for a portion of the regular salary period, or the payment of a salary is at a different time from that of the regular payrolls, then the City Auditor shall deduct the contributions of such persons from the portion of the salary so paid, and such deductions shall be made at any time that such salary is paid.

F. Each year the City shall contribute to the fund an amount at least equal to the total amount of the contributions of the members of the Fire Department to the fund for that year. The first contribution to the fund by the City as provided for in this section shall be for the fiscal year 1938-39, and the City shall not be required to make any contribution to the fund to equal the contributions of the members of the Fire Department for the period from April 28, 1938 to July 1, 1938.

G. In addition, there shall be paid into the fund by contributions of the City such amounts as may be necessary to pay all pensions and other benefits allowable under this chapter to members on account of prior service and on account of disability as provided in Section 4.20.140 hereof and to beneficiaries of members on account of death in the manner provided in Section 4.20.100. Prior service shall mean the aggregate service of a member rendered before April 28, 1938. (Ord. 3670-NS (part), 1959; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 26, 1938)

All contributions of members of the Fire Department made under the procedures provided in the preceding section shall be on a purely voluntary basis. No deductions shall be made from the salary of any member unless and until such member shall authorize the City Auditor in writing to make the deductions for contributions in the manner and amounts as provided in Section 4.20.310 of this chapter. (Ord. 2188-NS § 27, 1938)

pension system.

A. Any member of the Fire Department after thirty days’ written notice to the secretary of the board and to the Auditor of the City, may cease contributing to the fund and thereafter shall not be entitled to and shall not be paid any of the benefits under this chapter; provided, however, that upon death or separation from the service such member, or their beneficiaries, shall be entitled to the return of any contributions without interest, made by such member to the fund.

B. Any member who has ceased to contribute to the fund, under the provisions of this section, and who shall thereafter wish to avail themselves of the provisions of this chapter, shall be fully reinstated and entitled to all benefits under this chapter upon compliance with the provisions of Section 4.20.400; provided, however, that such member shall pay to the fund a sum equal to the total amount of contributions such member would have made to the fund, under the provisions of this chapter, during the period they did not contribute. In the event such member fails to pay the amount of such contributions for such period within thirty days from the date they comply with the provisions of Section 4.20.400, then the total amount or any unpaid portion thereof shall bear interest at the rate of six percent per year compounded semiannually from the date they again begin contributing to the fund until paid; provided, however, that in the event any such contributions are unpaid at the time of the granting of any of the benefits under the terms of this chapter, then total amount unpaid with interest as above provided shall be deducted from such benefits before any payment is made from the fund. (Ord. 2188-NS § 28, 1938)

A. 1. Any member who is on leave of absence without pay, excepting those on extended military or maritime leave, must continue to pay monthly directly to the fund for the period of such leave of absence. The amount of this contribution shall be based upon the salary such member would have received if they had continued on active duty with the City, and in the amount as provided in Section 4.20.310.

2. In the event any such member fails to make such monthly payments within ten days after they become
due, then no portion of said leave of absence without pay shall be counted toward aggregate service, as
defined by subsection A of Section 4.20.010, and any payments made during such leave shall be refunded to
said member upon the termination of their leave.

3. Any member who is now on a leave of absence without pay, other than those on extended military or
maritime leave, shall be governed by Section 29 of Ordinance 2188-NS as it was in effect at the date said leave
was granted.

B. 1. Any member who is on extended military or maritime leave of absence without pay may continue to pay monthly directly to the fund for the period of such leave of absence. The amount of this contribution shall be based upon the salary such member would have received if they had continued on active duty with the City, and in the amount as provided in Section 4.20.310.

2. If any member who is on extended military or maritime leave of absence without pay fails to make the
monthly contribution under subsection B 1 of this section hereof while on said leave of absence, then the
total amount of unpaid contributions must be paid as follows:

(a) The total amount of such unpaid contribution or any portion thereof may be paid within thirty days
from the expiration of such leave without interest; or

(b) The total amount of such unpaid contribution or any portion thereof, must be paid by the member
in monthly payments to the pension fund, with interest at the rate of three percent per year on the
reducing monthly balance and continue until the entire amount due is fully paid.

3. The monthly payment must be in an amount not less than the monthly pension payment being made by
the member under Section 4.20.310. Such additional monthly payments shall include both principal and
interest.

4. The first monthly payment must be made within thirty days after the termination of the extended
military or maritime leave of absence, or in the case of members who returned prior to the adoption of this
chapter, at the end of the first full payroll period following the effective date of the amendment codified
herein.

5. Any payment to be made under paragraph b of subdivision 2 of this subsection may be made by payroll deductions when written authorization therefor is on file with the City Auditor.

C. In the event any of the contributions or portions are unpaid at the time of the granting of any of the benefits under the terms of this chapter, then the total amount of such unpaid contributions, and interest, shall be deducted from such benefits before any payment is made from the fund. (Ord. 2730-NS (part), 1946; Ord. 2625-NS (part), 1944; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 29, 1938)

The fund shall be kept inviolate, and no portion thereof shall be used for any purpose other than those specified in this chapter. (Ord. 2188-NS § 30, 1938)

A. The City Treasurer shall be custodian of the fund, which shall consist of the monies contributed by the City and the monies contributed by the members of the Fire Department, and may deposit any monies of the fund in accordance with the laws of the state and the Charter of the City.

B. Reserves in the fund not needed in any fiscal year for current payments of pensions and expenses of the board may be invested for the benefit of the fund as follows:

1. In any depository in which the monies are guaranteed by an agency of the federal government;

2. In real property or improvements constructed or to be constructed on real property when such real
property or such improvements are acquired for sale or lease to a public agency, provided:

(a) The board is owner in fee title of, or acquires fee title to, the real property or real property and
improvements in and upon which such investment is to be made,

(b) Before making such an investment, an appraiser shall be appointed who shall examine the property
or the plans and specifications of any improvement proposed to be constructed and who shall
determine whether the project in their opinion will have a fair rental value sufficient to return the
investment together with interest over a period of time not to exceed fifty years,

(c) Before making such an investment, the board shall enter into a lease or lease-option agreement
with the public agency lessee under which such public agency agrees to rent the property at a monthly
rental and for a period not to exceed fifty years,

(d) "Public agency" as used herein means a city, school district, political subdivision or political
corporation of this state,

(e) In order to make the provisions of this subdivision 2 relating to the investment of pension fund
reserves completely effective, the board is authorized for investment purposes only to purchase, sell or
lease real property or to enter into options therefor, and when necessary for investment purposes, to
enter into contracts for the construction of buildings and may repair and maintain such property and do
any and all things necessary to protect the investment including, but not limited to, purchasing insurance
against the loss of the property or the loss of use and occupancy of the property. It may also take any
other action necessary to carry out the investment provisions hereof. In the construction of buildings the
board shall follow substantially and insofar as applicable, the procedure and limitations prescribed by
law for the construction of buildings by the City;

3. In first mortgages and first deeds of trust;

4. In common stocks and preferred stocks, as in the informed opinion of the board, or, if an investment counselling firm or firms have been employed by the board for the management of the pension fund reserves, in the informed opinion of such investment counseling firm or firms it is prudent to invest pension fund reserves;

   5. Except as herein otherwise provided, investment of all reserves of the pension fund shall be subject to the terms, conditions, limitations and restrictions imposed by the laws of the state upon the making of investments by savings banks, except that the provisions of the law limiting the amount which a savings bank may invest in securities to a specific percent of its paid-up capital and surplus, or savings deposits, shall not apply to investments authorized by the terms of this subdivision 5.

C. Any and all interest earned by the monies deposited or invested in accordance with the provisions of this section shall be paid into the fund and become a part thereof.

D. Except as herein provided, no member or employee of the board shall have any interest, direct or indirect, in the making of any investments or in any manner use the same, except to make such current and necessary payments as are authorized by the board. (Ord. 4961-NS §§ 1, 2, 1977; Ord. 4890-NS §§ 1, 2, 1976; Ord. 4486-NS (part), 1970; Ord. 4143-NS (part), 1966; Ord. 3411-NS (part), 1954; Ord. 3307-NS (part), 1953; Ord. 2374-NS (part), 1940; Ord. 2188-NS § 31, 1938)

In the event that any member shall become separated from the service voluntarily or involuntarily for any reason whatsoever, and such member or their spouse, surviving spouse, children, dependent parents, or beneficiaries, shall not be entitled to any benefits under this chapter, than all monies paid into the fund by such member shall be returned to them or their beneficiaries without interest. (Ord. 3373-NS (part), 1954; Ord. 2254-NS (part), 1939; Ord. 2188-NS § 32, 1938)

service.

In the event that any person who has become separated from the service and has had their contributions returned to them under the terms of Section 4.20.370 shall be reappointed to the service as a member of the Fire Department, they shall repay into the fund an amount equal to the sum returned to them at the time of their separation from the service. If such repayment is not made in full within six months from the date of reentering the service, then the amount to be repaid or any unpaid balance thereof shall bear interest at the rate of six percent per year compounded semiannually from the date of such person’s reentering the service until paid; provided, however, that in the event such repayment has not been made at the time of the granting of any of the benefits under the terms of this chapter, then such amount with interest as above provided shall be deducted from the benefit before any payment is made from the fund. (Ord. 2188-NS § 33, 1938)

All pensions heretofore granted by the City to members of the Fire Department, or their widows or other dependents, shall continue to be paid from the firemen’s pension fund and not from the fire pension fund created by this chapter. This chapter shall not apply to such pensioners, whose status shall be determined entirely by the act under which they were pensioned. (Ord. 2188-NS § 34, 1938)

The provisions of this chapter and the pensions and benefits provided herein shall apply only to those members of the Fire Department who shall file with the secretary of the board a written statement to the effect that they wish to take advantage of the provisions of this chapter and who, in addition thereto, file with the City Auditor the written authorization to make the salary deductions for contributions to the fund as provided for in Sections 4.20.310 and 4.20.320.

All members of the Fire Department who do not file the written statement and the authorization as herein provided shall not be entitled to and shall not be paid any of the benefits under this chapter. (Ord. 2188-NS § 35, 1938)

No member of the Fire Department shall be entitled to retire and receive a pension under the provisions of Section 4.20.070 within one year from April 28, 1938; provided, however, the board, upon written application therefor, may order the retirement and the payment of the pension under the provisions of said Section 4.20.070 if the board deems such retirement and pension to be for the good of the service. (Ord. 2188-NS § 37, 1938)

From and after April 28, 1938, no pension shall be granted to any member of the Fire Department employed on or before June 30, 1957 except under the terms and provisions of this chapter, and from and after April 28, 1938 this chapter shall be the exclusive method of granting pensions to such members. (Ord. 3549-NS (part), 1957; Ord. 2188-NS § 36, 1938)

Nothing herein shall prevent the withdrawal of all voluntary contributions made to the fire pension fund by those employees regularly appointed to service in the Fire Department prior to March 1, 1973 and who have elected to enter the public employees retirement system and nothing herein shall prevent the transfer of said voluntary contributions to the board of administration, public employees retirement system. Upon written authorization from said employees, the City Auditor shall withdraw and transfer voluntary contributions of said employees made to the fire pension fund to the public employees retirement system. Upon written authorization, the City Auditor shall make deductions from the salary of those employees electing to enter the public employees retirement system and transfer said deductions to the public employees retirement system. (Ord. 4622-NS § 3, 1973; Ord. 2188-NS § 39, 1938)