Sacramento Municipal Code Art. IV Safety Members Under Former (1970) Charter Section 175.13

This chapter is enacted to implement the provisions of former (1970) Charter Section 291 and former (1989) Charter Section 374. Persons who shall be in the employ of the city on the effective date of this chapter and who, upon such effective date, are safety members of the retirement system under the provisions of former (1970) Charter Section 175.13, shall retain their membership in the retirement system subject to the following provisions of this article. The term "member," as used in this article, shall be construed to mean persons who are safety members of the retirement system under the provisions of former (1970) Charter Section 175.13, as those provisions are now set forth in this article. (Prior code § 34.04.400)

Any member who completes at least twenty (20) years of service in the aggregate and attains the age of fifty-five (55) years, such service to be computed under Section 2.124.480 of this chapter may retire for service at his or her option. Members shall be retired on the first day of the month next following the attainment by them of the age of sixty-five (65) years. A member retired after meeting the service and age requirements in the two sentences next preceding, shall receive a retirement allowance equal to the same percentage of the final compensation of such member, regardless of his or her age at retirement, for each year of service in the aggregate, computed under Section 2.124.480 of this chapter, as the contributions of the member and the city are calculated to provide upon retirement for service at age fifty-five (55) upon completion of twenty (20) years of such service at an age higher than fifty-five (55) or upon retirement with less than twenty (20) years of such service at age sixty-five (65) for each year of such service. Any member may retire for service after attaining the age of fifty (50) years and rendering at least twenty (20) years of service in the aggregate, computed under Section 2.124.470 of this chapter, but if his or her retirement is below age fifty-five (55), his or her retirement allowance shall be such as can be provided at the age of retirement by the actuarial value, at the age of retirement, of the retirement allowance to which he or she would be entitled at the date upon which he or she would qualify for retirement under the first sentence of this paragraph, deferred to that date. If, at the date of retirement for service or retirement for disability resulting from an injury received in performance of duty such member has no spouse, children or dependent parents who would qualify for the continuance of the allowance after the death of such member or with respect to the portion of the allowance which would not be continued regardless of dependents or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section or Section 2.124.410 of this chapter may elect before the first payment of the retirement allowance is made to receive the actuarial equivalent of his or her allowance, as the case may be, partly in other benefits payable after his or her death to another person or persons; provided, that such election shall be subject to all the conditions prescribed by this chapter to govern similar election by other members of the retirement system, including the character and amount of such other benefits. (Prior code § 34.04.401)

Any member who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in or illness caused by performance of his or her duty and if such incapacity is determined by the retirement system manager as being of extended and uncertain duration shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance equal to fifty (50) percent of the final compensation of such member. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section 2.124.400 of this chapter, he or she shall receive an allowance equal to the retirement allowance he or she would receive if retired under Section 2.124.400 of this chapter, but not less than fifty (50) percent of such final compensation. Any member who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the first sentence of this section and who shall have completed at least ten (10) years of service in the aggregate, computed as provided in Section 2.124.480 of this chapter, shall be retired upon an allowance of one and one-half percent of the final compensation of such member for each year of service; provided, that such allowance shall not be less than twenty-five (25) percent of such final compensation. (Prior code § 34.04.402)

The question of retiring a member under Section 2.124. 410 of this chapter may be brought before the retirement system manager on such manager's own initiative, by recommendation of the city manager, or by such member or his or her guardian. The initiation of an application for retirement, however, only shall be made not later than the last day for which the member received compensation or within four months after the last day for which compensation is paid or while he or she is physically or mentally incapacitated to perform his or her duties from such last day to the time of the initiation or application. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Prior code § 34.04.403)

If a member shall die before retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance shall be paid, beginning on the day next following the date of death, to the member's surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the day of death, but such allowance shall not be less than fifty (50) percent of his or her final compensation. If there is no surviving spouse entitled to an allowance hereunder, or if such spouse dies or remarries before every child of such deceased member attains the age of eighteen (18) years, then the allowance which the surviving spouse would have received had such spouse lived and not remarried shall be paid to the member's child or children under such age, collectively, until every child dies or attains such age, provided that no child shall receive any allowance after marrying or attaining age eighteen (18). Should such member leave no surviving spouse and no children under the age of eighteen (18) years, but leave a parent or parents dependent upon the member for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Prior code § 34.04.404)

Upon the death of a member after qualification for retirement for service by attaining an age of at least fifty-five (55) years with at least twenty (20) years of service, or after retirement for service or because of disability which resulted from injury received in, or illness caused by the performance of duty, and if no allowance is payable under Section 2.124.430 of this chapter, one-half of the retirement allowance which the member would have been entitled to if he or she had retired at the time of death, or one-half his or her retirement allowance, as the case may be, shall be continued throughout life or until remarriage, to the member's surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of eighteen (18) years, then the allowance which the surviving spouse would have received had such spouse lived and not remarried shall be paid to his or her child or children under such age, collectively, to continue until every such child dies or attains such age, provided that no child shall receive any allowance after marrying or attaining the age of eighteen (18) years. Should such member leave no surviving spouse and no children under the age of eighteen (18) years, but leave a parent or parents dependent upon the member for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. The surviving spouse, in the event of death of the member after such qualification for but before service retirement, may elect before the first payment of the allowance, to receive regardless of the estate or designated beneficiary, the benefit provided in Section 2.124.460 of this chapter in lieu of the allowance which otherwise would be continued to such spouse under this section. If there is no surviving spouse, the guardian of the child or children under age of eighteen (18), may make such election, and if there is no such children, the dependent parent or parents may make such election. No allowance, however, shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death prior to retirement, or if death occurs after retirement, unless he or she was married to the member at least one year prior to retirement. (Prior code § 34.04.405)

That portion of any allowance payable because of the death or retirement of any member of such departments which is provided by contributions of the city shall be reduced in the manner fixed by the council, by the amount of any benefits other than medical benefits, payable to or on account of such person, under the Division 4 of the Labor Code of the state of California and because of the injury or illness resulting in such death or retirement. Such portion as is paid because of death or retirement which resulted from injury received in or illness caused by performance of duty, and in the absence of payments of any benefits other than medical benefits under such laws, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such laws, and shall be in satisfaction and discharge of the obligation of the city to pay such benefits. (Prior code § 34.04.406)

If a safety member shall die before retirement, from causes other than injury received in or illness caused by the performance of duty, or regardless of cause, if no allowance shall be payable under Section 2.124.430 of this chapter, and if death shall occur not later than the last day for which he or she receives compensation, or within four months after the last day for which the member receives compensation, or while the member is physically or mentally incapacitated for the performance of his or her duties, and if such incapacity has been continuous from such last day to the date of death and the member is not receiving a retirement allowance under this system, a death benefit shall be paid to his or her estate or designated beneficiary, consisting of an amount equal to one-twelfth of the compensation earnable by him or her during the twelve (12) months immediately preceding death, multiplied by his or her completed years as a member of the system not to exceed six, plus his or her contributions and interest credited thereon. Upon the death of a member after retirement and regardless of the cause of death the sum of five hundred dollars ($500.00) shall be paid to his or her estate or designated beneficiary. (Prior code § 34.04.407)

Should any member cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions of employment and reemployment with and without redeposits of withdrawn accumulated contributions of other members of the retirement system; provided, that if such a member is entitled to be credited with accumulated contributions which exceed five hundred dollars ($500.00), he or she shall have the right to elect, without right of revocation and within ninety (90) days after such termination of service, or if the termination was by layoff, ninety (90) days after the retirement system manager determines the termination to be permanent, whether to allow his or her accumulated contributions to remain in the retirement fund. Failure to make such election shall be deemed an irrevocable election to withdraw his or her accumulated contributions unless the member is entitled to be credited with at least twenty (20) years of service. A member whose membership continues under this section is subject to the same age and disability requirements as apply to other members for service or for disability retirement but he or she is not subject to a minimum service requirement. After the qualification of such member for retirement by reason of age or disability, he or she shall be entitled to receive a retirement allowance based upon the amount of his or her accumulated contributions and service standing to his or her credit at the time of retirement and on the employer contributions held for him or her and calculated in the same manner as for other members, except that the provisions for minimum service and disability retirement allowances do not apply to him or her, unless he or she meets such minimum service requirements. Upon the death of such a member prior to retirement under this section, such death benefits as may be payable under Section 2.124.460 of this chapter shall be computed upon the basis of his or her average annual compensation earnable for the year preceding the date of termination of such service, multiplied by the years of city service prior to such termination not to exceed six. (Prior code § 34.04.408)

The following time shall be included in the computation of the service to be credited to the member for the purposes of determining whether such member qualifies for retirement and calculating benefits, excluding, however, any time the contributions for which were withdrawn by such member upon termination of his or her service while he or she was a member under any other Charter section and not redeposited upon reentry into service:

A. Time during which such member is a member of the retirement system and during and for which such member is entitled to receive compensation because of services as a member of the fire or police department.

B. Service as a miscellaneous member which is not requisite to membership under this article shall be credited under this section upon a change in status of a member of such offices and departments entitling him or her to membership in the retirement system under this article; provided, that the accumulated normal contributions standing to the credit of such member, including amounts redeposited by him or her, shall be adjusted by refund to the member or by payment by the member to bring the amount to the amount which would have been credited to him or her had the member been a safety member under this article throughout the period of his or her service as a miscellaneous member at the compensation he or she received as such miscellaneous member.

C. Time during which such member is absent in military service from a status included in subsections A or B of this section and for which such member is entitled to receive credit as service for the city by virtue of contributions made by or for him or her, as provided by the council.

D. Prior service determined and credited as prescribed by this chapter for other members of the system. (Prior code § 34.04.409)

All payments provided hereunder for persons who are members under this article shall be made from funds derived from the following sources, plus interest earned on such funds:

A. The normal rate of contribution of each member under this article shall be based on his or her age taken to the next lower completed quarter year, (1) at the date he or she became a member of the retirement system under former (1970) Charter Section 175, in the case of persons who became members under that section or (2) at the date he or she becomes a member of the retirement system under former (1970) Charter Section 175.13 in the case of persons who became members on or after July 1, 1953 without credit for service counted under Section 2.124.480 of this chapter as rendered prior to the date upon which his or her age is based for determination of his or her rate of contribution according to the sentence next following, from such age. The normal rate of contribution of each member, to be effective from the effective date of membership under this article shall be such as, on the average for such member, will provide, assuming service without interruption under Section 2.124.400 of this chapter, one-half of that portion of the service retirement allowance to which he or she would be entitled, excluding automatic continuance to dependents, upon first qualifying as to service and age not less than fifty-five (55) years, for retirement under that section, which is based on service rendered after the date upon which his or her age is based for determination of his or her rate of contribution according to the first sentence in this paragraph and assuming the contribution to be made from that date, it being the intention that the retirement allowance of such member, upon retirement for service when qualified at age fifty-five (55) or higher age, shall be on the average, one-half of his or her compensation.

B. There shall be deducted from each payment of compensation made to a member under this article a sum determined by applying the member's normal rates of contribution to such compensation payment. The sum so deducted shall be paid forthwith to the retirement system. Such contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of such contributions, together with interest credited thereon in the same manner as is prescribed by this chapter for crediting interest to contributions of other members of the retirement system, shall be applied to provide part of the retirement allowance granted to or allowance granted on account of such member or shall be paid to such member or his or her estate or beneficiary as provided in Sections 2.124.450 and 2.124.470 of this chapter.

C. Contributions based on time included in subsections A and C of Section 2.124.480 of this chapter and deducted prior to July 1, 1953 from compensation of persons who become members under former (1970) Charter Section 175.13 and standing with interest thereon to the credit of such members on the records of the retirement system on such date shall continue to be credited to the individual accounts of such members and shall be combined with and administered in the same manner as the contributions deducted after such date.

D. The total contributions, with interest thereon, made by or charged against the city and standing to its credit on July 1, 1953 in the accounts of the retirement system on account of persons who became members on such date under former (1970) Charter Section 175.13, shall be applied to provide the benefits hereunder for or on account of them.

E. The city shall contribute to the retirement system such amounts as may be necessary when added to the contributions referred to in the preceding paragraphs of this section, to provide the benefits payable to or on account of persons who are members under this article. Such contributions of the city to provide the portion of the benefits hereunder which shall be based on service rendered by each member prior to the date upon which his or her age is based for determination of his or her rate of contribution in subsection A of this section shall not be less during any fiscal year than the amount of such benefits paid during such year. Such contributions of the city to provide the portion of the benefits hereunder which shall be based on service rendered by respective members on and after the date stated in the next preceding sentence shall be made in annual installments and the installments to be paid in any year shall be determined by the application of a percentage to the total compensation paid during such year to persons who are members under this article, such percentage to be the ratio of the value on the effective date hereof or at the date of the last valuation prior to such date or at later date of a periodical actuarial valuation and investigation into the experience under the system of the benefits thereafter to be paid to or on account of persons who are members under this article from contributions of the city, less the amount of such contributions and plus accumulated interest thereon then held by such system to provide such benefits on account of service rendered by respective members after the date stated in the sentence next preceding, to the value at such respective dates of salaries thereafter payable to such members. Such values shall be determined by the actuary, who shall take into account the interest which shall be earned on such contributions, the compensation experience of members and the probabilities of separation by all causes of members from service before retirement and of death after retirement. Such percentage shall be changed by the board on the basis of such values determined in such periodical actuarial valuation and investigation into the experience under the system. Nothing in this paragraph, however, shall prevent the calculation and use under the system in the manner described for the percentage under this paragraph of one percentage relating to all persons who are members under Articles III and IV of this chapter and to be applied to the total compensation paid during the respective year to such persons for the determination of the city's contribution to the retirement system with substantially the same effect as if separate percentages had been calculated under the respective articles. The percentage to be used under such two articles shall be the percentage which has been previously adopted by the board and is being applied on the effective date of this chapter. Such percentage shall remain in effect until redetermined by the board on the basis of the periodical investigation and actuarial valuation under the system and the contributions resulting from its use shall be applied to provide part of the benefits under both of such articles without segregation according to article.

F. To promote the stability of the retirement system through a joint participation in the result of variations in the experience under mortality, investment and other contingencies the contributions of both members and the city held by the system to provide the benefits for or on account of persons who are members under this article shall be a part of the fund in which all other assets of such system are included. (Prior code § 34.04.410)

Upon the completion of the years of service set forth in Section 2.124.390 of this chapter as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of Section 2.124.390 of this chapter and nothing shall deprive such member of such right. (Prior code § 34.04.411)

No person retired for service under Section 2.124.400 of this chapter or for disability under Section 4.124.410 of this chapter and entitled to receive a retirement allowance under the retirement system shall serve in any elective or appointive position in the city service, including membership on boards and commission, nor shall such person receive any payment for service rendered to the city after retirement; provided, that service as an election officer or juror shall not be affected by this section. Should any such person retired for disability engage in a gainful occupation prior to attaining the age of fifty-five (55) years, the retirement system manager shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the city to an amount which, when added to the amount earned monthly by him or her in such occupation, shall not exceed the amount of the maximum compensation earnable by a person holding the position which he or she held at the time of his or her retirement or, if that position has been abolished the compensation earnable by the member holding it immediately prior to its abolition. (Prior code § 34.04.412)

A. Any provisions of Section 2.124.440 of this chapter to the contrary notwithstanding, any member retired for service or disability may, once and irrevocably, elect to receive a reduced retirement allowance during such member's lifetime in order that the member's surviving spouse may receive a continuation allowance, provided that the member was married on the date of retirement, is married to a different spouse on the date of death, was married to such spouse for at least two years prior to the date of death and the surviving spouse would otherwise qualify for a continuation allowance. The surviving spouse's continuation allowance shall be one-half of the member's reduced retirement allowance.

B. A retired member may make only one election under this section. The election shall be made within sixty (60) days after the date the retired member remarries, or, in the case of a retired member who, on January 1, 1980, had been married to a different spouse than at the time of retirement for more than sixty (60) days, within thirty (30) days after the date this chapter becomes effective.

C. The reduction in the member's allowance shall be made by the retirement system manager and shall be calculated on an actuarial basis so that the reduction in the member's allowance is actuarial equivalent to one-half of the continuation allowance which the surviving spouse will receive. It is the intent of this section that one-half of the cost of the continuation allowance which the surviving spouse is to receive will be borne by the member in the form of the reduction in the member's allowance. The reduction in the member's allowance shall become effective on the date of election.

D. Any election by a retired member for a reduced retirement allowance under this section shall constitute a waiver of any continuation allowance or allowances which might otherwise have been due under Section 2.124.430 of this chapter.

E. The provisions of this section shall not apply to any member who elected to receive an optional allowance under any of the provisions of Article XV of this chapter. (Prior code § 34.04.413)