Part 2 — INCREASE BASED ON INITIAL ALLOWANCE

For the purposes of this Part 2, certain words and phrases are defined in this section and shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended.

A.

"Initial allowance" means:

With respect to a former member, the monthly retirement allowance payable at the time the former member retired.

With respect to the surviving spouse of a former member who dies after receiving retirement pay:

a.

The monthly survivorship allowance that would have been payable to such spouse if the former member had died the day immediately following the first payment of the retirement pay; or

b.

In the case where surviving spouses' allowances were not available at the time the member retired, a monthly allowance equal to fifty-six and twenty-five-hundredths percent of the initial allowance of the former member.

With respect to the surviving spouse of a former member who dies prior to receiving any retirement pay, the monthly survivorship allowance payable to such spouse at the time the former member dies.

B.

"Adjusted initial allowance" means the initial allowance adjusted using the Consumer Price Index for All Urban Consumers (CPI-U), San Francisco-Oakland-San José metropolitan area, all items (1967 = 100), as published by the United States Department of Labor, Bureau of Labor Statistics, showing the December-to- December change from the December of the commencement year to December 1991. By way of formula:

Adjusted = CPI for December 1992 × Initial Initial _____ Allowance Allowance CPI for December of Commencement Year

C.

"Commencement year" means:

With respect to a former member or the former surviving spouse of a former member who died after receiving retirement pay, the calendar year in which the former member retired.

With respect to the surviving spouse of a former member who died prior to receiving any retirement pay, the calendar year in which the former member died.

D.

"Total monthly allowance" means the monthly retirement allowance payable to a former member as of July 5, 1992, or the monthly survivorship allowance payable to a surviving spouse as of July 5, 1992, including all benefit adjustments payable from the retirement fund or the cost-of-living fund and all supplemental benefits payable from the city's general fund but excluding the costs of any medical or dental insurance premiums paid by the plan or the city.

E.

"Former member" means a person who was a member of the plan and who, prior to July 5, 1992:

Retired from city employment for service or disability pursuant to the provisions of the plan; or

Began receiving payments from the plan pursuant to Section 3.36.1630 or Section 3.36.1640; or

Died during his or her employment with the city while a member of the plan.

F.

"Surviving spouse" means the spouse of a deceased former member who receives a surviving spouse's allowance pursuant to the provisions of Chapter 3.32 or Chapter 3.36 of this Code.

G.

"Plan" means the police and fire department retirement plan set forth in Chapter 3.32 or Chapter 3.36 of this Code.

(Ord. 24095.)

A.

If the total monthly retirement allowance payable to a former member for the month of July 1992 is less than seventy-five percent of such former member's adjusted initial allowance, then the monthly retirement allowance shall be increased, effective August 1, 1992, by the amount necessary to make the monthly retirement allowance equal to seventy-five percent of the former member's adjusted initial allowance.

B.

If the total monthly surviving spouse's allowance payable to the surviving spouse of a former member for the month of July 1992 is less than seventy-five percent of such surviving spouse's adjusted initial allowance, then the monthly surviving spouse's allowance shall be increased, effective August 1, 1992, by the amount necessary to make the monthly surviving spouse's allowance equal to seventy-five percent of the surviving spouse's adjusted initial allowance.

C.

In the case where a former member dies on or after July 5, 1992, if the monthly surviving spouse's allowance that becomes payable to the surviving spouse of such former member is less than seventy-five percent of the surviving spouse's adjusted initial allowance, then the monthly surviving spouse's allowance shall be increased, effective the first month such allowance becomes payable, by the amount necessary to make the monthly surviving spouse's allowance equal to seventy-five percent of the surviving spouse's adjusted initial allowance.

(Ord. 24095.)

The costs of the increases in monthly allowances provided by Section 3.42.110 shall be borne by and paid from the police and fire department retirement plan.

(Ord. 24095.)

A.

Except as otherwise provided in this section, the increases in monthly allowances provided by Section 3.42.110 shall be increased or decreased in the same way that allowances subject to the provisions of Chapter 3.44 of this Code are increased or decreased pursuant to said Chapter 3.44.

B.

In no event shall the monthly allowance payable pursuant to Section 3.42.110 be decreased below the amount which the recipient first became entitled to receive under Section 3.42.110.

C.

To the extent any provisions of Chapter 3.44 of this Code are inconsistent with the provisions of this Part 2, the provisions of this Part 2 shall govern and control.

(Ord. 24095.)