Sec. 39-96. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Member means any person employed as a park police officer, regardless of capacity, by the department of public safety of the city, to whom this article applies.

Years of service means the number of years, including fractional parts thereof to the nearest 1/12, of continuous employment as such a member; provided, that where continuous employment is interrupted by a leave of absence granted by the department of public safety, the period of continuous employment prior to such leave of absence shall be included in years of service; and provided, that in the discretion of the department, the period of such leave of absence may likewise be included in years of service.

(Code 1968, § 28A-31)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 39-97. - Authority to retire officers; amount of pension.

Any member of the police department who has been employed as a park police officer prior to July 1, 1967, may be retired by the public safety commissioner from the regular active service and placed upon the retired list. All members of the police department who shall have performed faithful continuous service as such member for a period of at least 20 years and who shall apply for retirement under the provisions of this article shall be retired by the public safety commissioner. Any such retired member shall be entitled during life to a service pension payable monthly as provided in this article. Such service pension shall be an amount equal to one-half of the amount of his salary at the time of retirement and two percent of such retiring salary multiplied by the number of years of service in excess of 20 years.

(Code 1968, § 28A-32; Ord. No. 92-053(sub 1), § 1(a), 7-2-92)

Sec. 39-98. - Death, permanent and partial disability benefits generally.

(a)

In case of the disability of a member which permanently prevents such member from performing his active duties, such member may be retired by the public safety commissioner in his absolute discretion, provided as follows:

(1)

If such disability can be shown to the satisfaction of the commissioner to have been acquired in the prosecution of his official duties, such member, as long as such member shall live and continue to be so disabled, shall receive a pension under this article. The amount of such pension during the first year of such retirement shall be the full monthly salary at the rate of pay last received by such member for active service, and thereafter shall be either one-half the monthly salary at the rate of pay last received by such member for active service, or the amount of service pension which such retired member would have been entitled to if retiring on service pension at the time of retirement, whichever is higher, plus, after the first year of such retirement, $10.00 per month for each living dependent child born or conceived before such retirement and currently under the age of 18 years. If a member so retired because of a disability so acquired shall die during the continuation of such disability, leaving a widow who has been continuously married to and living with such member from before retirement until his death, or a living dependent child or children born or conceived at the time of such retirement and currently under the age of 18 years, or both, such pension shall be continued as provided in this subsection. If such member shall leave such a widow alone surviving him, the pension shall be continued payable to such widow until her death or remarriage. If such member shall leave a widow and such child or children, or such child or children alone surviving, the pension shall be continued at the same rate payable to such widow or to the guardian of such child or children until the death or remarriage of such widow or until such youngest child reaches the age of 18 years, whichever event happens last. If such member shall so die without leaving such a widow or such child or children surviving, but leaving a dependent parent or parents for whom such member was the principal means of support, a pension equal to one-third of the pension provided for the disabled member shall be continued to each such parent so surviving during his lifetime or until his dependency shall cease.

(2)

In case of disability to perform his active duties, which disability cannot be shown to the satisfaction of the commissioner to have been acquired in the prosecution of his official duties, such member so retired, provided he has performed 15 years of service, shall be entitled to a pension, payable monthly, as long as such retired member lives and continues disabled. Such service pension shall be an amount equal to one-half of the amount of his salary at the time of retirement, plus two percent of such retiring salary multiplied by the number of years of service in excess of 20 years.

(3)

Notwithstanding the provisions of this article or of any general or special law to the contrary, any condition of impairment of health caused by tuberculosis or heart disease, resulting in total or partial disability of any member who successfully passes a physical examination on entry into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered or incurred in the line of duty, unless the contrary be shown by competent evidence. Any disability as specified in this paragraph which removes the member from active service shall entitle the member to the benefits of this article, regardless of the period of service at the time the disability occurs.

(b)

No member shall be retired under the provisions of this section until he shall have been found to be permanently disabled to perform his active duties by a board of three physicians, consisting of the police surgeon of the city, the family physician of the police officer and a reputable physician selected by the first two. Such board of three physicians shall certify that such disability has been shown to have been acquired in the prosecution of the official duties of such member or that such disability has not been shown to have been acquired in the prosecution of his official duties; provided, that the requirement of action by physicians may be dispensed with by the consent in writing of such member to such retirement and the amount of pension applicable hereunder. The findings of a majority of the three physicians in respect to any question before them shall be final. Compensation to such three physicians shall be paid by the city as a part of the cost of the pensions and benefits provided by this article.

(c)

The commissioner may at any time and from time to time, but not after such member attains the age of 50 years, require a retired member who has been retired under this section to be reexamined by a physician, and if, on such reexamination, such retired member is reported capable of performing regular duty, such retired member may be required by the commissioner to return to active duty in the same rank and grade in which he was serving at the time of retirement, whereupon the pension under this article shall cease.

(Code 1968, § 28A-33)

Sec. 39-99. - Specific death benefits.

(a)

Upon the death of a member which can be shown to the satisfaction of the commissioner of public safety to have occurred in the prosecution of his official duties, a pension shall be paid from the date of such death as provided in this section. The amount of such pension shall be the last full monthly salary at the rate of pay last received by such member for active service for one year from his death and thereafter shall be either half the monthly salary at the rate of pay last received by such member for active service or, after such first year, the amount of service pension that such member would have been entitled to if retiring on service pension at the date of his death, whichever is higher, plus $10.00 per month for each living dependent child of such member who was currently under the age of 18 years. Such pension shall be paid in monthly payments to the widow of such member living with such member at his death until her death or remarriage. Upon the death or remarriage of such widow, or upon the death of such member if no such widow shall survive, such pension shall be paid to the guardian of such living dependent child or children of such member currently under the age of 18 years. If such deceased member shall not leave such a widow or such dependent child or children surviving him, but shall leave a dependent parent or parents surviving, one-third of the pension which would have been paid to such a surviving widow, had a widow survived, shall be paid to each such surviving parent during his lifetime or until such dependency ceases.

(b)

Upon the death of a member occurring after ten years of service as a member, which death cannot be shown to have occurred in the prosecution of his official duties, one year's salary at the last current rate of pay of such member shall be paid in a lump sum to the widow, guardian of a surviving child or children under the age of 18 or dependent parent or parents for whom such member was the principal means of support, in the order named.

(c)

Upon the death of a retired member who has been retired either on service pension provided in section 39-97 or on a disability pension provided under section 39-98(2), an amount equal to one-half of the monthly pension then being received by the retired member shall be paid to the persons and in the manner described in subsection (a) of this section.

(d)

No determination shall be made by the commissioner that the death of a member has or has not been shown to have occurred in the prosecution of his official duties unless and until all of the persons immediately entitled to any benefits under the provisions of this article shall have been afforded a hearing and an opportunity to produce testimony in this respect. The decision of the commissioner in this respect after such hearing shall be final.

(Code 1968, § 28A-34)

Sec. 39-100. - Voluntary acceptance by existing employees.

(a)

Any person who is a member to which this article applies may voluntarily accept the provisions of this article, and upon such acceptance in writing, in a form prescribed by the commissioner of public safety, such member and his dependents shall cease to be entitled to any benefits whatsoever under the existing pension plans applicable to such member, and shall forfeit all right, title and interest now or hereafter existing in such existing pension funds. This article shall not apply to members who fail to sign such acceptance in writing, but such members shall continue to be entitled to their rights in existing pension plans.

(b)

Any member voluntarily accepting the provisions of this article shall receive credit for the prior continuous years of service as a member.

(Code 1968, § 28A-35)

Sec. 39-101. - Certificates of voluntary acceptance by future employees.

Every person who shall become a member and every member voluntarily accepting the provisions of this article shall be given a certificate setting forth that he is entitled to the benefits of this article and giving the date when he became a member. Such certificate shall be signed by the member and public safety commissioner. Such certificate shall be deposited with the city treasurer and shall be cancelled upon the member ceasing to be a member prior to his retirement.

(Code 1968, § 28A-36)

Sec. 39-102. - Payments not transferable, subject to legal process, etc.

The right of any person to any payment under this article shall not be transferable or assignable at law or in equity, and none of the money paid or payable, or rights existing under this article shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency laws.

(Code 1968, § 28A-37)

Sec. 39-103. - Certification to treasurer of persons entitled to payments; payments by treasurer.

The public safety commissioner shall from time to time certify to the city treasurer and name and address of each person entitled to receive payment of benefits under this article, the amount of such payments and the name of the member because of whose services such payments are due. The city treasurer shall make such payments in accordance with the certification of the commissioners; provided, that no such payments shall be made by the city treasurer unless there is on deposit with him an uncancelled certificate showing the eligibility for the benefits of this article of the person because of whose services such payments are due.

(Code 1968, § 28A-38)

Sec. 39-104. - Board of trustees; secretary of board of trustees.

The board of trustees of the park police pension fund shall consist of the public safety commissioner, the director of finance, the personnel director, the chairman of the finance committee of the council, the chairman of the public safety committee of the council and five members of the police department of the city, such five members to be elected annually by vote of the members of the police department of the city. The public safety commissioner shall be the president of the board of trustees of the park police pension fund. The board of trustees of the park police pension fund shall appoint a secretary from among its own number. The secretary shall execute a bond for the faithful performance of his duties with respect to the park police pension fund in such sum and form and with such surety as will be satisfactory to the board of trustees. The cost of such bond shall be defrayed from the proceeds of such fund.

(Code 1968, § 28A-39; Ord. No. 92-053(sub 1), § 1(a), 7-2-92)

Cross reference— Boards, commissions and similar entities, § 2-56 et seq.

Sec. 39-105. - Fund—Appropriation by council.

Contributions from members as provided in the following section shall be retained by the city treasurer in a trust fund to be known as the park police pension fund, which shall be used and distributed for the purposes of effectuating the provisions of this article. The council shall annually appropriate and credit to the park police pension fund such sum as may be required to meet all charges on such park police pension fund not covered by the annual income on such fund and the other revenues coming into the fund.

(Code 1968, § 28A-40)

Sec. 39-106. - Same—Contribution by members.

The city treasurer shall be authorized to withhold from the salary of each member who voluntarily accepts the provisions of this article, as provided in section 39-100, a sum equal to two percent of such salary.

(Code 1968, § 28A-41)

Sec. 39-107. - Same—Bond of treasurer.

The city treasurer shall execute a bond for the faithful performance of his duties with respect to the park police pension fund, in such sum and form and with such surety as will be satisfactory to the board of park commissioners. The cost of such bond shall be defrayed from the proceeds of such fund.

(Code 1968, § 28A-42)

Sec. 39-108. - Same—Investments; report.

Upon the receipt of written instructions from the board of trustees, the city treasurer may invest any part of the park police pension fund that the board deems proper, in national, state, county or municipal bonds, and the city treasurer shall make a report to the board of trustees and to the council of the condition of the fund on April 1 of each year.

(Code 1968, § 28A-43)

Sec. 39-109. - Same—Fiscal year.

The fiscal year of the park police pension fund shall begin on July 1 of each year and end on June 30 of the following year.

(Code 1968, § 28A-44)

Sec. 39-110. - Applicability of article.

(a)

The provisions of this article shall apply to any person who shall be a member of the park police of the department of public safety of the city at the time of its enactment or who shall become such a member thereafter. This article shall also apply to those members of the park police who have retired as of the date of its enactment as employees of the city, insofar as prospective benefits are concerned, but shall not apply to such retired members so as to confer retroactive benefits to such members.

(b)

The provisions of sections 39-97, 39-98(2) and 39-99(c) shall apply to those persons who have previously retired under the provisions of this article.

(Code 1968, § 28A-45)

Secs. 39-111—39-125. - Reserved.