Sec. 39-126. - Placing personnel of departments on pension list generally.
Sec. 39-127. - City Police Pension Act of 1991; effective date.
Sec. 39-128. - City Firefighters' Pension Act of 1991; effective date.
Secs. 39-129—39-145. - Reserved.
Sec. 39-126. - Placing personnel of departments on pension list generally.
The chiefs of police and fire shall have power, after competent medical investigation, to order a member of the police or fire department placed on the pension list in accordance with the laws governing the payment of pensions to members of the departments. Subject to such pension laws, the chiefs shall have power to dismiss a member from the department, when, after competent medical investigation, a member is certified to as physically unfit. The competent medical investigation shall be made by a board of physicians, consisting of the surgeon for the police or fire department of the city, the family physician of such police officer or fireman, and a third reputable physician of the city, to be selected by the other members of such board; such board shall report in writing to the chief of police or fire the result of such physical examination, together with a statement as to how far, in the opinion of such board, the police officer or firefighter examined is incapacitated from performing regular active duty in such department. Upon receipt of the report of such board of physicians, the chief of police or fire may take such action as he may deem advisable based on the result of the medical investigation.
(Code 1968, § 28A-46; Ord. No. 92-053(sub 1), § 1(f), (g), 7-2-92)
Sec. 39-127. - City Police Pension Act of 1991; effective date.
This section shall be known as the City of Wilmington Police Pension Act of 1991, all the terms of which are hereinafter referred to as the plan and which shall constitute the city's participation in the Delaware County and Municipal Police/Firefighter Pension Plan, as set forth in the provisions of 11 Del. C. ch. 88 (§ 8801 et seq.), as amended, and 18 Del. C. ch. 7 (§ 701 et seq.), as amended, for all members of the police department who are first employed on or after August 1, 1991. The city's pension plan participation shall be effective August 1, 1991.
(Ord. No. 91-057, § 1(28A-116), 8-15-91)
Sec. 39-128. - City Firefighters' Pension Act of 1991; effective date.
This section shall be known as the City of Wilmington Firefighters' Pension Act of 1991, all the terms of which are hereinafter referred to as the plan and which shall be and shall constitute the city's participation in the Delaware County and Municipal Police/Firefighter Pension Plan, as set forth in the provisions of 11 Del. C. ch. 88 (§ 8801 et seq.), and 18 Del. C. ch. 7 (§ 701 et seq.), as amended, for all firefighters first employed by the city on or after August 1, 1991. This plan shall be effective August 1, 1991. The compensation upon which the firefighters' pension benefits are calculated in this plan shall include at the time of retirement beginning in fiscal year 1994 the amount of the firefighter's annual lump sum payment for "allotted days" as such term is used in the collective bargaining agreement between the city and the firefighters for the fiscal year in which the person retires, if the applicable collective bargaining agreement for that fiscal year in which the person retires so provides for such payment for "allotted days," further provided that an amount equal to the plan's pension contribution shall be deducted from such annual lump sum payment. The city treasurer shall advise the administrators of this plan about any such additions to compensation for the fiscal year in which any such annual lump sum payments are made by the city.
(Ord. No. 91-057, § 1(28A-118), 8-15-91; Ord. No. 94-033(sub 1), § 2, 6-30-94)