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HomeMy WebLinkAbout8571-95 Setting Benefits Survivors of Certain Police officers & Firefighters = r •L 1 ORDINANCE No. 8571-95 Passed by the Common Council of the City of South Bend, Indiana. January 9, 19 95 Arrest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana -- January 10, �9 95 City Clerk IRENE K. GAMMON Approved and signed by me ///Z ,9q5 +' sn `' - Z. Mayor • ORDINANCE NO. P5111--T5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING FORTH BENEFITS FOR THE SURVIVORS OF CERTAIN POLICE OFFICERS AND FIREFIGHTERS Statement of Purpose and Intent WHEREAS, the State of Indiana has under Sec. I .C. 36-8-6- 10 . 1 allowed the individual Municipalities to, within certain limitations, set forth the benefits survivors of deceased Police Officers who are covered under the 1925 Police Pension Fund receive; WHEREAS, the State of Indiana has under Sec. I .C. 36-8-7- 12 . 1 allowed the individual Municipalities to, within certain limitations, set forth the benefits survivors of deceased Firefighters who are covered under the 1937 Firefighters Pension Fund receive; NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, CITY OF SOUTH BEND, AS FOLLOWS : PENSION ORDINANCE SECTION I . Sec .2-125 Payments to surviving spouses and children of deceased members of the 1925 Police Pension Fund and 1937 Firefighters' Pension Fund. (a) Definitions : (1) "Child" means a biological, adopted, or foster child, a step child, a legal ward, or a child of a person standing in loco parentis, who is either under the age eighteen (18) , or age eighteen (18) d or older who is "incapable of self-care because of a mental or physical disability" . (2) "Firefighter" means only a sworn Firefighter of the City of South Bend who at the time of death was a member of the 1937 Firefighters' Pension Fund and who had not converted to membership in the 1977 Police Officers' and Firefighters' Pension and Disability Fund under I .C. 19-1-17 .8-7 . (3) "Parent" means a biological parent or an individual who stands or stood in loco parentis to an Employee when the Employee was a child. This term does not include parents "in law" . (4) "Police Officer" means only a sworn Police Officer of the City of South Bend who at the time of death was a member of the 1925 Police Pension Fund. (5) "Spouse" means a husband or wife as defined by Indiana State law including common law marriage if such are recognized by Indiana State law. (2) Fifty-five percent (55%) of the monthly benefit the Police Officer was entitled to receive at the date of death. If the Police Officer was not entitled to a benefit because he or she had not completed twenty (20) years of service, then for purposes of computing this benefit, the Police Officer' s benefit shall be considered to be fifty percent (50%) of the monthly salary of a First Class Patrolman. (c) Benefits to Surviving Spouse of Firefighter: The surviving spouse of a Firefighter shall receive the greater of: (1) Forty percent (40%) of the monthly pay of a First Class Firefighter; or (2) Fifty-five percent (55%) of the monthly benefit the Firefighter was entitled to receive at the date of death. If the Firefighter was not entitled to a benefit because he or she had not completed twenty (20) years of service, then for purposes of computing this benefit, the Firefighter' s benefit shall be considered to be fifty percent (50%) of the monthly salary of a First Class Firefighter. (d) Benefits to Surviving Children of Police Officer: (1) Each surviving child of a deceased Police Officer shall receive an amount per month equal to Ten percent (10%) of the monthly pay of a First Class Patrolman: (A) Until the child reaches the age of eighteen (18) years; (B) Until the child reaches twenty-three (23) years of age, if the child is enrolled in and is regularly attending a secondary school or is a full-time student at an accredited college or university; or (C) During the entire period of the child' s physical or mental disability, whichever is longer. (2) In addition to the above, if the South Bend Police Department Pension Board as established under I .C. 36-8-8-1, et seq. finds upon satisfactory proof that a child eighteen (18) years of age or older is mentally or physically incapacitated, is not a ward of the State, and that the surviving spouse of the officer is deceased, that child is entitled to receive as total payment the same amount as would have been paid to the surviving spouse of the deceased officer, so long as mental or physical incapacity continues . If necessary, the sum shall be paid to the lawful guardian of the child. II (e) Benefits to Surviving Children of Firefighter: (1) Each surviving child of a deceased Firefighter shall receive an amount per month equal to Ten percent (10%) of the monthly pay of a First Class Firefighter: (A) If the South Bend Fire Department Pension Board as established under I .C. 36-8- 7-1, et seq. finds upon satisfactory proof that a child 18 years of age or older is mentally or physically incapacitated, is not a ward of the State and is not receiving a benefit otherwise under this Ordinance, the child is entitled to receive the same amount as is paid to the surviving spouse of the deceased Firefighter, so long as the physical or mental incapacity continues . (B) Until the child reaches twenty-three (23) years of age, if the child is enrolled in and is regularly attending a secondary school or is a full-time student at an accredited college or university, whichever is longer. (f) Police Officer' s Funeral Benefits : The heirs or estate of a deceased Police Officer shall receive Six Thousand Dollars ($6, 000 . 00) as Funeral Benefits . (g) Increase of Benefits : All references to the salary of First Class Firefighter or the salary of a First Class Patrolman shall refer to the salary in the year in which the benefits are paid out . SECTION II . This ordinance shall be in full force in effect from and after its passage by the Common Council and approval by the Mayor, with the effective date to be January 1, 1995 . 40f r Mega -6f the Cit./ 'iouncil tlb/ord/pdfd-pension.ord SOUTH bis ill /(,.,. ■t ' / "'� ' tl City of South Bend i( `�`�. >> j Joseph E. Kernan. Mayor 1 %.\\1865 '....r \\O\\\mss— Department of Administration and Finance Kevin C. Horton December 14, 1994 South Bend Common Council County-City Building South Bend, IN 46601 Dear Council Member: Attached is an Ordinance which will incorporate and set forth our obligations to widow, minor children, and incapacitated children of deceased South Bend Police officers and South Bend Firefighters . We have drafted this with an eye to meet the City' s statutory obligations and exceed them in the case of the widows . The Ordinance is further drafted to eliminate any apparent discrepancies between survivors of deceased Police officers and Firefighters . It is further designed to minimize the different treatment of widows based upon the date of death of the deceased officer, which currently exists under statute. The apparent discrepancy in funeral benefits is due to the fact that the state statute, I .C. 36-8-7-13, provides a $6, 000 . 00 funeral and burial payment for firefighters covered under the statute, while the Police Pension statute states that the Ordinance shall fix the amount . I urge your consideration of passage of this Ordinance. Yours truly, Kevin C. Horton City Controller KCH:ddj Attachment B:\1PDFDOrd County-City Building • South Bend, Indiana 46601 • 219/284-9742 Fax 219/284-9892 Catherine A. Hubbard John D. Leisenring C. J. Cowsert Personnel Director Chief Deputy Controller Safety & Risk Manager 284-9124 284-9483 284-9482 • finmmt##rr lit port OD the (Somman (llounril of tlir Miti of'out1i rnd: Your Committee of the Whole to whom was referred BILL NO. 125-94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING FORTH BENEFITS FOR THE SURVIVORS OF CERTAIN POLICE OFFICERS AND FIREFIGHTERS This bill has been recommended to the Council favorable. Respectfully report that they have examined the matter and that in their opinion Cleo Washington, Chairman FREE PRESS GOIM1R PUBLISHING CO.