El Cerrito Municipal Code Ch. 3.30 Pension Plan

Any civil service employee who shall have served the city for a minimum period of thirty years in the aggregate in any capacity or rank whatsoever and who shall have reached the age of fifty-five years shall, on his petition as hereinafter prescribed, or by order of the pension board if it be deemed for the good of the service, be retired from further service and shall thereafter, during his lifetime, be paid in equal monthly installments a yearly pension equal to one-half of the annual salary attached to the rank or position held by the employee at the time of his retirement; provided the employee has held such rank or position at least two years prior to retirement, and provided, that in case of any change in salary at any time after such retirement for such rank or position, the pension shall, after each and every such change, be one-half of such salary as changed, and provided further that in case an employee has been demoted for the convenience of the city within five years of the date of his retirement, the employee is entitled to receive the rate of retirement attached to the rank from which he was demoted. In the event that an employee is demoted for disciplinary reasons, the employee shall receive the rate of retirement attached to the position to which he has been demoted. No involuntary removal of a member from the service shall deprive him of the benefit of this section after thirty years service except such removal be for habitual drunkenness, notorious insubordination, conviction of a felony or crime involving moral turpitude, and then only if the pension board shall in its discretion order that such removal operate to deprive such member of such benefits.

(Ord. 92-6 Div. 2 (part), 1992.)

Any civil service employee attaining the age of sixty-five years shall be eligible for pension upon application or by the board on its own motion. Such employee so retired shall, thereafter during his lifetime, be paid in equal monthly installments a yearly pension equal to such proportionate share of one-half of the annual salary attached to the rank or position held by the employee at the time of his retirement as the number of years actually served bear to thirty years; provided the employee has held such rank or position at least two years prior to retirement and provided that in the event of a subsequent change in the salary of such rank or position the pension shall be computed on the basis of such salary as so changed from time to time, and provided further that in case an employee has been demoted for the convenience of the city within five years of the date of his retirement, the employee is entitled to receive the rate of retirement attached to the rank from which he was demoted. In the event that an employee is demoted for disciplinary reasons, the employee shall receive the rate of retirement attached to the position to which he has been demoted.

(Ord. 92-6 Div. 2 (part), 1992.)

After twenty years of service and having reached the age of fifty-five years any civil service employee may retire or be retired, either on his application to the pension board or by action of the board on its own motion, on a limited annual pension equal to such proportionate share of one-half of the annual salary attached to the rank or position held by such applicant at the time of his retirement, provided the employee has held such rank or position at least two years prior to retirement, as the number of years actually served bears to thirty years.

For example, if the service has been for twenty-two years, the pension shall be twenty-two thirtieths of said one-half of said annual salary, provided that in the event of a subsequent change of the salary of such rank or position the pension provided for in this section shall be the fractional portion of the salary as changed from time to time. In case an employee has been demoted for the convenience of the city within five years of the date of his retirement, the employee is entitled to receive the rate of retirement attached to the rank from which he was demoted. In the event that an employee is demoted for disciplinary reasons, the employee shall receive the rate of retirement attached to the position to which he has been demoted. Upon receipt of such application, it shall be the duty of the pension board to investigate the same and in its discretion to grant or deny such application; provided, that any denial of such application shall be without prejudice to the right of such applicant, provided that no removal of an employee after twenty years service shall operate to deprive him of the benefits of this section except when such removal be for habitual drunkenness, notorious insubordination, conviction of a felony or crime involving moral turpitude, and then only in the event the pension board in its discretion orders that such removal operate to deprive such member of the benefits hereof.

(Ord. 92-6 Div. 2 (part), 1992.)

Should any civil service employee, by reason of bodily injury received in, or sickness resulting from, the discharge of his duties as such, become so physically disabled as to render necessary his retirement from active service, the pension board shall order and direct that such person so retired be thereafter paid during his lifetime, unless canceled and terminated by the pension board as hereinafter provided, a yearly pension based on one and five tenths percent per year of service of the amount of the salary attached to the rank or position held by him in such service at the date of such retirement, but in no event shall such figure exceed fifty percent, and provided, that in the case of any change in salary at any time after such retirement for such rank or position, the pension shall, after each and every such change, be computed on the basis of one and five tenths percent per year of service of the amount of salary as so changed; provided further that in case an employee has been demoted for the convenience of the city within five years of the date of his retirement, the employee is entitled to receive the rate of retirement attached to the rank from which he was demoted. In the event that an employee is demoted for disciplinary reasons, the employee shall receive the rate of retirement attached to the position to which he has been demoted.

(Ord. 92-6 Div. 2 (part), 1992.)

No person shall be retired for disability hereunder or receive any pension therefor unless there shall be filed with the pension board certificates of disability subscribed and sworn to by three legally licensed practicing physicians, one to be selected by the petitioner, one of whom shall be the city physician, and one of whom shall be selected by the pension board. The pension board may require other and additional evidence of disability before ordering such retirement, but only on satisfactory evidence of disability and of the right to be retired as provided in this chapter shall such pension board retire such person. The decision of the pension board shall be final and conclusive.

(Ord. 92-6 Div. 2 (part), 1992.)

Any pension granted to any member of the civil service for disability as provided for in this section, shall cease when the disability ceases and such person shall, subject to the rules governing the employment of city employees, be restored to active service in the department of which he was a member at the time of retirement, and the time he was not in active service shall be computed in calculating his aggregate service for all purposes under the provisions of this chapter.

(Ord. 92-6 Div. 2 (part), 1992.)

Any person retired for disability may be summoned before the pension board at any time and shall submit himself for examination by an examining board as provided in Section 3.30.050 of this chapter, as to fitness for duty, and shall abide by the decision and order of said board with reference thereto.

(Ord. 92-6 Div. 2 (part), 1992.)

If any civil service employee of the city should die after completion of ten years service, exclusive of all leaves in excess of thirty days, and prior to receiving any pension under the provisions of this chapter, then his surviving spouse, and if none, his children, and if none, his heirs shall receive the sum of one thousand dollars, lawful money of the United States of America to be paid in ten equal monthly installments in addition to all sums contributed by said employee to the pension fund. These ten installments are to be in the amount of one hundred dollars each.

If a civil service employee shall die under circumstances not provided for in this chapter, without having served for a minimum period of ten years in the aggregate in any capacity, then and in that event all moneys paid into the pension fund by such employee shall be paid to his estate.

(Ord. 92-6 Div. 2 (part), 1992.)

Any person who shall be retired under the provisions of this chapter shall report to the head of his department in person or in writing at such time as may be fixed and designated by resolution of the pension board.

(Ord. 92-6 Div. 2 (part), 1992.)

In case of great public emergency any person retired under this chapter may be assigned to and shall perform such duties as the head of his department shall direct. No pensioner shall be compelled to work in any department other than the one from which he has been retired.

(Ord. 92-6 Div. 2 (part), 1992.)

In determining the period of service necessary to render any employee eligible for a pension under the provisions of this chapter, aggregate service only shall be considered, dating from the date when such employee is actually confirmed as a civil service employee; provided, however, that the aggregate service of any such employee attained prior to the enactment of the civil service ordinance of the city shall be considered for the purpose of retirement and benefits payable hereunder. Such service need not be continuous and may be as a member of any department, and any right acquired by service shall not be lost by reason of resignation or withdrawal from such service except as otherwise expressly provided.

All the time served by any civil service employee who leaves the service of the city to enter the armed forces of the United States of America while the nation is engaged in or immediately prior to any war, as well as after the termination of hostilities of all wars in which the United States is engaged, shall be included in the aggregate service of such employee; provided that such employee must apply for reemployment by the city within ninety days after discharge under honorable conditions from such national service. This provision shall apply to all wars involving the United States of America, past, present and future.

(Ord. 92-6 Div. 2 (part), 1992.)

Any civil service employee who desires to be retired on a pension shall file with the pension board a verified petition which shall contain the name and age of the petitioner, the rank or position which was held by him on the date of filing, the salary of such rank or position, the rank held and the salary received by the petitioner at the time of his retirement, the date of entry into the service, and the aggregate service of the petitioner. If the petitioner desires to be retired on a pension on account of disability, the petition shall also set forth the nature and extent of the disability, when and how received, and there shall be attached to the petition a report of the physical condition of such petitioner by a legally licensed physician, which report shall be subscribed and sworn to by said physician. Such petition shall be filed by the legally appointed guardian of any person entitled to a pension under this chapter. Upon the filing of such petition the pension board shall fix a date for the hearing thereof and shall notify the petitioner of the date of such hearing.

(Ord. 92-6 Div. 2 (part), 1992.)

For the purpose of establishing and maintaining the pension fund on a reserve basis, the council shall make provision in its budget each fiscal year beginning with the fiscal year 1947-1948, and continuing throughout the future, for the payment by the city treasurer semimonthly into the fund of an amount equal to five percent of the total semimonthly salary of the civil service employees of the city, and the city treasurer shall deduct five percent from the semimonthly salary of each civil service employee beginning July 1, 1947, and continuing throughout the future, and pay the amounts thereof into the fund. No employee shall be required to contribute to the fund for a period in excess of thirty years.

(Ord. 92-6 Div. 2 (part), 1992.)

Any civil service employee to be eligible to participate in the benefits of the pension fund shall signify his participation in the pension fund created in this chapter and authorize in writing the director of finance to deduct from his salary the contributions required by employees by this city.

(Ord. 92-6 Div. 2 (part), 1992.)

All moneys for the pension fund shall be paid into the city treasury and kept by the city treasurer in banks as other public funds in accordance with the laws of the state and the city. The fund shall be kept inviolate and no portion thereof shall ever be transferred to any other fund or used for any other purpose than those specified in this chapter. Reserves in the fund not needed in any fiscal year for current payments of pensions ordered by the pension board, and for expenses of the pension board, may, as directed by resolution of the pension board, be invested for the benefit of the fund as other public funds may be invested in accordance with the laws of the state and the city. The investments shall be made pursuant to Section 3.20.060 of this title.

(Ord. 92-6 Div. 2 (part), 1992.)

The director of finance shall be the accounting officer of the pension system and shall be responsible for the disbursement of all pension funds in accordance with Sections 3.30.010 through 3.30.190 of this chapter, and shall keep a true and correct record of all contributions and payments. All demands on the pension fund shall be signed by the pension system accounting officer and the pension system treasurer.

(Ord. 92-6 Div. 2 (part), 1992.)

Each pension provided for in this chapter shall be payable after the twenty-fourth and before the last day of each month in installments from the date of retirement during the life of the pensioner, unless such pension shall be terminated by the pension board as provided in Section 3.30.180 of this chapter.

(Ord. 92-6 Div. 2 (part), 1992.)

If any civil service employee shall become separated from the service, either voluntarily or involuntarily, then and in that event, except as otherwise provided in this chapter, all moneys paid into the pension fund by such employee shall be returned to him; and in the event that he shall re-enter the service as an employee, he shall repay the sum returned to him at the time of his separation from the service, and neither he nor members of his family shall be entitled to any benefits under this chapter until said amount has been repaid into said fund.

(Ord. 92-6 Div. 2 (part), 1992.)

The provisions of Sections 3.30.010 through 3.30.190 of this chapter shall apply only to the following described employees:

A. Those employees of the city, other than members of the police and fire departments, who at an election held in the city on the 6th day of February, 1959, elected not to be covered by OASDI;

B. Members of the police and fire departments who were members of this plan and on the sixth day of February, 1959, elected not to be covered by the State Employees Retirement System.

(Ord. 92-6 Div. 2 (part), 1992.)

The city shall provide and make available for all eligible employees not otherwise covered in this pension plan, the procedures and contracts for inclusion of said employees in the State Employees Retirement System.

(Ord. 92-6 Div. 2 (part), 1992.)

An amendment to the contract between the council and the Board of Administration, California State Employees' Retirement System, is authorized, a copy of such amendment being attached hereto, marked "Exhibit A," and by such reference made a part hereof as though herein set out in full.

The mayor is authorized, empowered, and directed to execute such amendment for and on behalf of such agency.

(Ord. 92-6 Div. 2 (part), 1992.)

All full time employees, with the exception of members of the police and fire departments of the city, not covered by the retirement plan described in this chapter, are subject to the federal social security program and deductions shall be made from their pay for contributions to such program as prescribed by law.

(Ord. 92-6 Div. 2 (part), 1992.)

A. As prerequisite to bringing a suit against the city for any money or benefits under this pension plan, or for money or damages which are not governed by law expressly relating thereto, a claim shall be presented and acted upon in accordance with the state Government Code.

B. Claims shall be presented to the pension board in the same manner as provided in the State Government Code not later than one year after the accrual of the cause of action, or, in the case of pending lawsuits, not later than one year from the effective date of the ordinance codified in this section.

C. The pension board shall act on a claim presented in the manner provided in the State Government Code. If the claim is amended, the pension board shall act on the amended claim. In both cases the pension board will complete its action within forty-five days after the claim is delivered to the clerk of the city.

D. A lawsuit against the city under this section must be filed within six months after the date of a written notice from the pension board rejecting the claim. If a written notice is not given, then the lawsuit must be filed within two years from accrual of the cause of action.

E. This section is retroactive in effect. It requires all claimants in pending lawsuits to file a claim in the manner provided in this section.

F. All time limits provided in this section are the functional equivalent of a statute of limitation, and bar any untimely or late claim not otherwise allowed by law.

(Ord. 92-6 Div. 2 (part), 1992.)