§ 6. Benefits for Class A and Class B members.
(a) Service retirement benefits for any Class A or Class B member who was an employee on or after June 29, 1989.
Any Class A or Class B member in service may retire upon written application to the Board of Trustees, if the application specifies the date on which the member desires to be retired, which date must be the 1st day of a month and not less than 30 days nor more than 90 days following the filing of the application, and if, on the date so specified, the member shall have attained age 60 and acquired at least 5 years of service or shall have acquired 30 years of service, regardless of age, even if, during the application period, the member has separated from service.
Upon retirement from service, a Class A or Class B member who has attained the age of 60, shall be entitled to receive the maximum service retirement allowance which shall consist of:
(1) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and
(2)
(i) for any Class A or B member who retires before June 30, 1993: a pension, which together with his annuity, shall be equal to 1.85% in the case of a Class A member, and 1.70% in the case of a Class B member, of his average final compensation multiplied by the number of years of service credit. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “1.84%” for “1.85%”, and by substituting “1.69%” for “1.70%”.
(ii) for any Class A or B member who retires after June 29, 1993, and on or before March 31, 2001: a pension, which together with his annuity, shall be equal to 1.875% in the case of a Class A member, and 1.725% in the case of a Class B member, of his average final compensation multiplied by the number of years of service credit.
(iii) for any Class A or B member who retires on or after April 1, 2001: a pension that, together with his or her annuity, is equal to 1.935% in the case of a Class A member, and 1.785% in the case of a Class B member, of his or her average final compensation multiplied by the number of years of service credit.
(3) The additional annuity provided as a result of voluntary excess contributions permitted under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining the pension payable under § 6(a)(2).
(4) Retirement with 30 or more years of service.
(i) Provided, however, that upon retirement from service on or before June 28, 1993, a Class A or Class B member who has not attained the age of 60, but has acquired 30 years or more of service, shall be entitled to receive the maximum service retirement allowance which shall consist of an annuity as provided for in § 6(a)(1), plus the actuarial equivalent of the pension provided for in § 6(a)(2); or such member may elect at the time of retirement to have his service retirement allowance deferred to commence upon the attainment of age 60, in which event the annuity shall be the actuarial equivalent of his accumulated contributions, with regular interest accumulated thereon, to age 60, and the pension payable shall be in the amount computed as provided in § 6(a)(2).
For any member who was an employee on or after June 29, 1989, the actuarial equivalent for the purpose of this subsection (a)(4) shall be based on a reduction of 0.17% for each full month (or fraction thereof) by which the commencement of his pension precedes his 60th birthday. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “0.21%” for “0.17%”.
(ii) Provided, however, that upon retirement from service on or after June 29, 1993, a Class A or Class B member who has acquired 30 years or more of service, regardless of age, shall be entitled to receive the maximum service retirement allowance without reduction. The allowance shall be based on the member’s service and average final compensation at the time of retirement from service and shall consist of an annuity as provided for in § 6(a)(1), plus the pension provided for in § 6(a)(2).
(5) Optional retirement allowances.
Any Class A or Class B member who is entitled to receive the maximum service retirement allowance may elect to receive such maximum service retirement allowance, or he may elect to receive the actuarial equivalent of such maximum service retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions:
Option 1. | If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. | Upon his death, his retirement allowance as it was at the time of his retirement, shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 3. | Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. | Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such a person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.
(6) Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum service retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum service retirement allowance.
Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any option hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of the beneficiary designated.
The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore, and filed with said office.
(7) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected.
(8) Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for service under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.
(9) Any service retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h).
(10) Notwithstanding any provision to the contrary contained in this subsection, any Class A or Class B member who retires prior to age 60 and who defers his retirement allowance to commence upon his attainment of age 60, shall be considered as a member dying in active service if he dies at any time between the effective date of his retirement and 30 days following his attainment of age 60, and the benefits provided in § 6(h) shall be paid as therein provided. Any retirement allowance payments made to said member after his attainment of age 60, shall be offset against any amounts payable under the provisions of § 6(h).
(11)
(i) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon his part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected, after the acquisition of 20 years of service, such member may elect, in lieu of the withdrawal of his accumulated contributions, to receive a retirement allowance equal to the ordinary disability retirement allowance as provided in § 6(c), which would have been payable at such time has he been retired on an ordinary disability retirement.
Effective December 2, 1991, in applying the preemployment military service credit provision of § 4(f) to a member described in the above paragraph, the requirement that the member shall have attained age 60 shall be disregarded. However, any benefit for which the member could be eligible shall be determined before the military service credit provided for herein is added to the service credit acquired by the member. This Ordinance 91-829 shall also apply to any member who retired under the provisions of the above paragraph. Any increased benefits due to such a retired member shall be paid prospectively from the effective date of this ordinance. Furthermore, variable benefits, if any, paid to such a retired member shall not be changed as a result of this ordinance.
(ii) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon his part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected with less than 20 years of service, but after the acquisition of 5 years of service, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and on the attainment of age 60 such member shall be entitled to receive a service retirement allowance as provided for under the provisions of § 6(a) of this subtitle, computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement. Such deceased member’s beneficiary or his estate shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions. Should such a beneficiary be restored to active service, his retirement allowance shall cease, and he shall again become a member of the Retirement System.
(12) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member, who has acquired 15 or more years of service, leave a regular permanent position of the City, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and upon attaining the age of 60, such member shall be entitled to receive the maximum service retirement allowance as provided for in § 6(a), computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation, duly acknowledged and filed with the Board of Trustees. The beneficiary or the estate of a deceased member, who dies before attaining the age of 60, shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions with interest to the date of death. This paragraph shall not apply to any Class A or Class B member who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500. To be job-related, the offense must be committed by the member in the performance of his duties as an employee or an official of the City of Baltimore and committed against the City of Baltimore.
(13) Any Class A or Class B member who leaves City employment and is entitled to any benefits under this subsection, if he is subsequently reemployed by the City as an employee, shall upon his return to City employment be immediately continued as a Class A or Class B member. Thereupon he shall be credited with any past service, and any retirement allowance he may be receiving shall be discontinued.
(14) In the event that a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for a least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance said member was receiving shall be paid to such surviving spouse to continue as long as he or she remains unmarried. If there is no such spouse or if the spouse dies or remarries before the youngest unmarried child of said deceased member shall have either attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance said member was receiving shall be paid to such child or children, divided in such manner as the Board of Trustees in its discretion shall determine to continue for the benefit of such child or children until the last child marries, dies or attains the age of 22 years. For members who terminate employment with the City before June 29, 1990, the preceding two sentences shall be read by substituting “33⅓%” for “35%” wherever such amounts appear therein.
However, effective June 28, 1992, any eligible surviving spouse, child or children of a member who retired and elected or who will retire and elect the maximum benefit under the above paragraph, shall receive 40% of the allowance the member was receiving.
(15) Member contributions.
(i) Effective with the 1st full payroll period commencing closest to January 1, 1978, the contributions by a Class A or Class B member to the Retirement System shall equal 5% of the member’s earnable compensation, these contributions to continue throughout the member’s entire period of service, subject to the provisions in subparagraph (ii) of this paragraph (15). However, a male member in the system prior to July 1, 1973, who is contributing at a rate of contribution that is less than 5% shall continue to contribute at his present rate; and a female member in the system prior to July 1, 1973, shall contribute at a rate of contribution in effect prior to July 1, 1973, for a male member of corresponding age at the time of entrance into the system, unless that rate exceeds 5%, in which event her contribution shall equal 5% of her earnable compensation. “Earnable compensation” has the meaning defined in § 1(11) of this subtitle.
Beginning July 1, 1992, the preceding paragraph shall read by substituting “4%” for “5%”.
(ii) The Board of Trustees, through its Retirement Systems’ administrator, shall certify to the Department of Finance, and the Department of Finance shall cause to be deducted from the salary of each Class A or Class B member on each and every payroll period, the percentage of contribution provided for in subparagraph (i) of this paragraph (15), and these deductions shall be paid into the Retirement System Fund, and shall be credited, together with regular interest, to the individual account of the member from whose compensation the deductions were made. However, deductions shall not be made from the compensation of a Class A or Class B member who has attained age 60 and has completed 35 years of service. No deductions may be made from the earnable compensation of a member who is either entering or leaving service and has worked less than a full payroll period.
(iii) The deductions provided for in this paragraph (15) shall be made notwithstanding that the minimum compensation provided for by law for any Class A or Class B member is reduced thereby. Every member is deemed to consent and agree to the deductions made and provided for, and the member’s receipt of the member’s full salary or compensation, and payment of that salary or compensation, less these deductions, are a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment, except as to the benefits provided under this subtitle.
(iv) A member’s accumulated contributions that are withdrawn by the member, or paid to the member’s estate or designated beneficiary in event of death as provided in this subtitle, shall be paid from the Retirement System Fund.
(v) Any member who, with the Board of Trustees’ approval{,} deposited, prior to December 1, 1975, voluntary excess contributions in the Retirement System Fund, by a single payment or by an increased rate of contribution to purchase an additional annuity, is entitled on retirement, to receive an additional annuity for those voluntary excess contributions. Any Class A or Class B member who, with the Board of Trustees’ approval, is depositing, on December 1, 1975, voluntary excess contributions in the Retirement System Fund, by an increased rate of contribution, may continue to contribute the same approved amount, without the right to increase or decrease that amount after December 1, 1975. After December 1, 1975, the Board of Trustees shall neither accept nor approve any requests from any member to deposit excess voluntary contributions in a lump-sum payment or periodic payments. At any time prior to retirement, any member who deposited voluntary excess contributions in the Retirement System Fund, upon written application, shall be refunded those excess voluntary contributions.
(vi) However, if a Class A or Class B member exercises her or his option to become a Class C member under § 9 of this subtitle, the member shall elect in his or her notice of intent to either withdraw his or her excess voluntary contributions or permit them to remain in the Retirement System together with the member’s mandatory contributions, without any further right to withdraw those excess voluntary contributions prior to retirement, except on leaving City employment. On becoming a Class C member, the Class A or Class B member shall discontinue making any further voluntary excess contributions to the Retirement System.
(b) Service retirement benefits for Class A or Class B member who was an employee on or after July 1, 1987, but not after June 28, 1989.
Any Class A or Class B member in service may retire upon his written application to the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired, provided that the said member at the time so specified for his retirement shall have attained the age of 60 and acquired at least 5 years of service or shall have acquired 30 years of service, regardless of age, and notwithstanding that, during such period of notification, he may have separated from service.
Upon retirement from service, a Class A or Class B member who has attained the age of 60, shall be entitled to receive the maximum service retirement allowance which shall consist of:
(1) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and
(2) a pension, in addition to his annuity, which shall be equal to 0.85% of his average final compensation in the case of Class A members, and 0.785% of his average final compensation in the case of Class B members, multiplied by the number of years of his service since January 1, 1926; and
(3) if he has been credited with prior service, a supplemental pension which shall be equal to 1/60 of his average final compensation in the case of Class A members and one 1/65 in the case of Class B members, multiplied by the number of years of such prior service; and
(4) if at the time of retirement the annuity determined in accordance with § 6(b)(1), resulting from the member’s contributions for service, is less than the pension resulting from the member’s years of service determined in accordance with § 6(b)(2), a supplemental pension equal to the difference between the two shall be payable.
The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining this supplemental pension, if any, payable under this subsection.
Beginning with April 19, 1974, the benefits provided in this subsection shall be applicable to former members who retired prior to said effective date, and their beneficiaries, as well as to those Class A or Class B members who subsequently retire on or after that date.
(5) Provided, however, that upon retirement from service, a Class A or Class B member who has not attained the age of 60, but has acquired 30 years or more of service, shall be entitled to receive the maximum service retirement allowance which shall consist of an annuity as provided for in § 6(b)(1), plus the actuarial equivalent of the pension provided for in § 6(b)(2), plus the actuarial equivalent of the supplemental pension provided for in § 6(b)(3), plus if the annuity provided for in § 6(b)(1) is less than the actuarial equivalent of the pension provided for in § 6(b)(2), a supplemental pension equal to such difference; or such member may elect at the time of retirement to have his service retirement allowance deferred to commence upon the attainment of age 60, in which event the annuity shall be the actuarial equivalent of his accumulated contributions, with regular interest accumulated thereon, to age 60, and the pensions payable shall be in the amounts computed as provided in §§ 6(b)(2), 6(b)(3) and 6(b)(4). For the purpose of this subsection (b)(5), the actuarial equivalent shall be based on a reduction of ¼% for each full month (or fraction thereof) by which the commencement of his pension precedes his 60th birthday.
(6) Optional retirement allowances.
Any Class A or Class B member who is entitled to receive the maximum service retirement allowance may elect to receive such maximum service retirement allowance, or he may elect to receive the actuarial equivalent of such maximum service retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions:
Option 1. | If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. | Upon his death, his retirement allowance as it was at the time of his retirement, shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 3. | Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. | Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.
(7) Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum service retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum service retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any option hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of the beneficiary designated.
The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore, and filed with said office.
(8) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected.
(9) Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for service under this subsection, or who has elected to receive one of the several optional retirement allowances available in lieu thereof, shall be considered as a member’s dying in active service, and the ordinary death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.
(10) Any service retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h).
(11) Notwithstanding any provision to the contrary contained in this subsection, any Class A or Class B member who retires prior to age 60 and who defers his retirement allowance to commence upon his attainment of age 60, shall be considered as a member’s dying in active service if he dies at any time between the effective date of his retirement and 30 days following his attainment of age 60, and the benefits provided in § 6(h) shall be paid as therein provided. Any retirement allowance payments made to said member after his attainment of age 60, shall be offset against any amounts payable under the provisions of § 6(h).
(12)
(i) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon his part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected, after the acquisition of 20 years of service, such member may elect, in lieu of the withdrawal of his accumulated contributions, to receive a retirement allowance equal to the ordinary disability retirement allowance as provided in § 6(d), which would have been payable at such time had he been retired on an ordinary disability retirement.
Effective December 2, 1991, in applying the preemployment military service credit provision of § 4(f) to a member described in the above paragraph, the requirement that the member shall have attained age 60 shall be disregarded. However, any benefit for which the member could be eligible shall be determined before the military service credit provided for herein is added to the service credit acquired by the member. This Ordinance 91-829 shall also apply to any member who retired under the provisions of the above paragraph. Any increased benefits due to such a retired member, shall be paid prospectively from the effective date of this ordinance. Furthermore, variable benefits, if any, paid to such a retired member shall not be changed as a result of this ordinance.
(ii) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon the member’s part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected with less than 20 years of service, but after the acquisition of 5 years of service, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and on the attainment of age 60 such member shall be entitled to receive a service retirement allowance as provided for under the provisions of § 6(b) of this subtitle, computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement. Such deceased member’s beneficiary or his estate shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions. Should such a beneficiary be restored to active service, his retirement allowance shall cease, and he shall again become a member of the Retirement System.
(13) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member, who has acquired 15 or more years of service, leave a regular permanent position of the City, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and upon attaining the age of 60, such member shall be entitled to receive the maximum service retirement allowance as provided for in § 6(b), computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation, duly acknowledged and filed with the Board of Trustees. The beneficiary or the estate of a deceased member, who dies before attaining the age of 60, shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions with interest to the date of death. This paragraph shall not apply to any Class A or Class B member who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500. To be job-related, the offense must be committed by the member in the performance of his duties as an employee or an official of the City of Baltimore and committed against the City of Baltimore.
(14) Any Class A or Class B member who leaves city employment and is entitled to any benefits under this subsection if he is subsequently reemployed by the City as an employee, shall upon his return to City employment be immediately continued as a Class A or Class B member. Thereupon he shall be credited with any past service, and any retirement allowance he may be receiving shall be discontinued.
(15)
(i) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 5% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 5% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(ii) Effective April 1, 2001, any eligible surviving spouse, child, or children of a member who retired and elected the maximum benefit under subparagraph (i) of this paragraph (15), shall receive 40% of the allowance the member was receiving.
(b-1) Service retirement benefits for Class A or Class B member who terminated employment on or before June 30, 1987.
(1) Survivorship benefits for members who selected maximum benefits and die on or before March 31, 2001.
No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001.
(2) Survivorship benefits for members who selected maximum benefits and die on or after April 1, 2001.
(i) If a member who was an employee and retired before July 1, 1987, and elected to receive maximum benefits without optional modification dies on or after April 1, 2001, and is survived by a spouse to whom the member had been married for at least 1 year immediately before retirement, an amount equal to 40% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried.
(ii) If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 40% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(c) Non-line-of-duty disability retirement benefit for any Class A or Class B member who was an employee on or after June 29, 1989.
(1) Eligibility requirements.
A Class A or Class B member shall be retired on a non-line-of-duty disability retirement if:
(i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and
(ii) a hearing examiner determines that:
(A) the member is mentally or physically incapacitated for the further performance of the duties of his or her job classification in the employ of Baltimore City; and
(B) the incapacity is likely to be permanent.
(2) Application and filing deadline.
To retire under this subsection, the member must:
(i) apply to the Board of Trustees, on a form approved by the Board; and
(ii) submit the application to the Board no later than 1 year following the member’s last day of City employment.
(3) Effective date of non-line-of-duty disability retirement.
A non-line-of-duty disability retirement under this subsection takes effect as follows:
(i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and
(ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of a month that falls at least 30 days after the date on which the Board received a completed application.
(4) Non-line-of-duty disability allowance for retirement on or before October 15, 1992.
Upon retirement for non-line-of-duty disability on or before October 15, 1992, a Class A or Class B member is entitled to receive the maximum service retirement allowance if he or she has attained the age of 60; otherwise, he or she is entitled to receive the maximum non-line-of-duty disability retirement allowance, which shall consist of:
(i) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(ii) a pension, which together with his or her annuity, shall provide a total retirement allowance equal to 1.85% of his or her average final compensation in the case of Class A members, and 1.70% of his or her average final compensation in the case of Class B members, multiplied by the number of years of service. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “1.84%” for “1.85%”, and by substituting “1.69%” for “1.70%”.
(iii) The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and may not be used in determining the non-line-of-duty disability pension under this subsection.
(iv) If the retirement allowance computed under this paragraph(4) is less than 25% of the member’s average final compensation, then substitute for the member’s actual years of service the number of years of service which would be credited to the member were his or her service to continue until the attainment of age 60. The resulting total retirement allowance may not exceed 25% of the member’s average final compensation.
(5) Non-line-of-duty disability allowance for retirement on or after October 16, 1992.
(i) Upon retirement for non-line-of-duty disability on or after October 16, 1992, and on or before March 31, 2001, a Class A or Class B member is entitled to receive the maximum non-line-of-duty disability retirement allowance, which shall consist of:
(A) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(B) a pension, which together with his or her annuity, shall provide a total retirement allowance equal to 1.85% of his or her average final compensation in the case of Class A members, and 1.70% of his or her average final compensation in the case of Class B members, multiplied by the number of years of service.
(C) The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) may not be used in determining the non-line-of-duty disability pension under this subsection.
(D) Provided, however, notwithstanding anything to the contrary, no member eligible for retirement under the provisions of this paragraph (5)(i) shall receive a non-line-of-duty disability allowance of less than 25% of his average final compensation.
(ii) Upon retirement for non-line-of-duty disability on or after April 1, 2001, a Class A or Class B member is entitled to receive a non-line-of-duty disability retirement allowance that is the greater of:
(A) 25% of the member’s average final compensation; or
(B) a combination of:
1. an annuity that is the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
2. a pension that, together with his or her annuity, provides a total retirement allowance equal to 1.90% of his or her average final compensation in the case of a Class A member, and 1.75% of his or her average final compensation in the case of a Class B member, multiplied by the number of years of his or her service.
(iii) The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) may not be used in determining the non-line-of-duty disability pension under this subsection.
(iv) No member eligible for retirement under paragraph (5)(ii) of this subsection may receive a non-line-of-duty disability allowance of less than 25% of his or her average final compensation.
(6) Optional retirement allowances.
Any Class A or Class B member who is entitled to receive the maximum non-line-of-duty disability retirement allowance may elect to receive that maximum non-line-of-duty disability retirement allowance, or may elect to receive the actuarial equivalent of that maximum non-line-of-duty disability retirement allowance, computed as of the effective date of his or her retirement, in a lesser amount payable throughout his or her life in accordance with the following provisions:
Option 1. | If he or she dies before having received in total retirement benefits the present value of his or her retirement allowance as it was at the time of retirement, the balance shall be paid to his or her legal representatives or to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. | Upon his or her death, his or her retirement allowance as it was at the time of retirement shall continue throughout the life of and be paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or
Option 3. | Upon his or her death, ½ of his or her retirement allowance as it was at the time of retirement shall be continued throughout the life of and paid to the person that he or her nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or
Option 4. | Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to the person or persons that he or she nominates, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and subject to approval by the Board of Trustees.
(7)
(i) Any living retired Class A or Class B member has the right, within 30 days after the effective date of his or her retirement, and not later, to change his or her election of the maximum non-line-of-duty disability retirement allowance to any one of the options specified in paragraph (6) of this subsection, or to change his or her election of any one of those options to another one of those options, or to change his or her election from any one of those options to the maximum non-line-of-duty disability retirement allowance.
(ii) Any living retired Class A or Class B member has the right, within 30 days after the effective date of his or her retirement, to change his or her designation of a beneficiary; but thereafter no such change may be made in connection with any option that provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated.
(iii) The election of any option or any change in connection with any option shall be made on forms provided for that purpose by the Board of Trustees, and filed with the Board.
(8) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him or her, then any payments that may have been made to him or her before that change are to be taken into account in arriving at the amount to be paid to him or her in connection with the retirement allowance finally selected.
(9) Any Class A or Class B member who retires and dies within 30 days after the effective date of his or her retirement, and who has been granted a retirement allowance of maximum benefits for non-line-of-duty disability under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.
(10) Any non-line-of-duty disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his or her retirement, shall be offset against any amounts payable under the provisions of § 6(h).
(11) Offset for Workers’s Compensation benefits.
(i) On or before March 31, 2001.
Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve for the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle.
(ii) On or after April 1, 2001.
Workers’ Compensation benefits shall be offset against non-line-of-duty disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section.
(12)
(i) If a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for a least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried.
(ii) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member has attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(iii) For members who terminate employment with the City before June 29, 1990, subparagraphs (i) and (ii) shall be read by substituting “33⅓%” for “35%” wherever those amounts appear.
(iv) Effective June 28, 1992, any eligible surviving spouse, child, or children of a member who retired and elected, or who will retire and elect, the maximum benefit under this paragraph (12), shall receive 40% of the allowance the member was receiving.
(d) Ordinary disability retirement benefit for Class A or Class B member who was an employee on or after July 1, 1987, but not after June 28, 1989.
Any Class A or Class B member who has acquired 5 or more years of service and who has been determined by a hearing examiner to be mentally or physically incapacitated for the further performance of the duties of his job classification in the employ of Baltimore City, and that such incapacity is likely to be permanent, shall be retired by the Board of Trustees on an ordinary disability retirement, not less than 30 and not more than 90 days next following the date of filing his application for ordinary disability retirement benefits.
Upon retirement for ordinary disability a Class A or Class B member shall be entitled to receive the maximum service retirement allowance if he has attained the age of 60; otherwise he shall be entitled to receive the maximum ordinary disability retirement allowance which shall consist of:
(1) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and
(2) a pension which, together with his annuity, shall provide a total retirement allowance equal to 1.70% of his average final compensation in the case of Class A members, and 1.57% of his average final compensation in the case of Class B members, multiplied by the number of years of his service if such retirement allowance exceeds ¼ of his average final compensation; otherwise a pension which, together with his annuity, shall provide a total retirement allowance equal to 1.70% of his average final compensation in the case of Class A members, and 1.57% of his average final compensation in the case of Class B members, multiplied by the number of years which would be credited to him were his service to continue until the attainment of age 60, so far as the resulting total retirement allowance shall not exceed ¼ of his average final compensation.
The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining the ordinary disability pension under this subsection.
(3) Optional retirement allowances.
Any Class A or Class B member who is entitled to receive the maximum ordinary disability retirement allowance may elect to receive such maximum ordinary disability retirement allowance, or he may elect to receive the actuarial equivalent of such maximum ordinary disability retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions:
Option 1. | If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. | Upon his death, his retirement allowance as it was at the time of his retirement shall continue throughout the life of and be paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 3. | Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. | Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.
(4) Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum ordinary disability retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum ordinary disability retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any portion hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated.
The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore and filed with said office.
(5) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected.
(6) Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for ordinary disability under this subsection, or who has elected to receive one of the several optional retirement allowances available in lieu thereof, shall be considered as a member’s dying in active service, and the ordinary death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.
(7) Any ordinary disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h).
(8) Offset for Workers’s Compensation benefits.
(i) Benefits paid on or before March 31, 2001.
Any amounts paid or payable on or before March 31, 2001, by the City of Baltimore under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve for the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle.
(ii) Benefits paid on or after April 1, 2001.
Workers’ Compensation benefits shall be offset against ordinary disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section.
(9) The panel of hearing examiners may, at its discretion but not more frequently than once in any 1 year, require any retired Class A or Class B member, who is receiving a disability retirement allowance and, who has not yet attained age 60, to undergo a medical examination to determine whether he has become fit to resume duties in the nature of those he was performing prior to his retirement. Such examination shall be made in the place of residence of said retiree, or other place mutually agreed upon by the retiree and a physician or physicians designated by the panel of hearing examiners. The examining physician shall report his findings to the panel of hearing examiners. If in the opinion of the examining physician, said retiree is able to resume said duties, the City of Baltimore Occupational Medical Service shall thereafter conduct a reexamination of said retiree; and if it concurs in the opinion of the examining physicians, it shall certify to the panel of hearing examiners that said retiree is fit for the further performance of duties in the nature of those he was performing prior to his retirement. If the examining physicians’ opinions do not concur, the panel of hearing examiners shall schedule a hearing to determine the fitness of a retiree to perform his former duties. The panel of hearing examiners shall thereafter submit its determination to the head of the department in which the retiree was employed prior to his retirement, and in the case of classified employees, to the Civil Service Commission. For purpose of reemployment, the retiree shall be treated by the head of his department and by the Civil Service Commission as if he were an employee on leave of absence without pay. Until he is actually reemployed he shall continue to receive his ordinary disability retirement allowance.
A disability retiree who has been certified as fit for further performance of his duties and is restored to active service at a compensation not less than the annual rate of compensation being paid currently to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, shall cease to receive his retirement allowance. He shall again become a Class A or Class B member of the Retirement System and shall contribute thereafter at the current rate of contribution. Any previous service credit on the basis of which his service was computed at the time of his retirement shall be restored to full force and effect and in addition, upon his subsequent retirement, he shall be credited with all his service as a member.
Should such disability retiree who has been certified as fit for the further performance of his duties refuse to accept an offer of reemployment by the City involving duties in the nature of those he was performing prior to his retirement and at a salary not less than the rate of annual compensation being paid currently to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, all rights in and to his pension shall be revoked by the Board of Trustees, upon recommendation made by the panel of hearing examiners.
Should such disability retiree refuse to submit to the medical examinations herein provided for, his ordinary disability retirement allowance may be discontinued until the withdrawal of said refusal, and should his refusal continue for 1 year, all rights in and to his pension shall be revoked by the Board of Trustees upon recommendation made by the panel of hearing examiners.
(10) A Class A or Class B disability retiree may, without reduction of his retirement allowance, earn annually an amount, hereinafter referred to as “earnings”, equal to the rate of the annual earnable compensation currently being paid to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, said rate of earnable compensation plus longevity payments, if any, hereinafter referred to as “base amount”. Should such a retiree earn an annual amount which is greater than his base amount, the pension otherwise payable to him shall be reduced in the following manner:
For the first $5,000 of earnings in excess of the base amount, a reduction of $1 in pension benefits shall be made for each $2 earned. For any earnings in excess of $5,000 over the base amount, a reduction of $2 in pension benefits shall be made for each $5 earned.
In the calendar year of retirement, the base amount shall be prorated on a monthly basis. Benefits which may be payable to a beneficiary of a deceased disability retiree under the provisions of this subtitle, shall not be reduced by reason of any excess earnings said retiree may have had; and the base for calculating said beneficiary’s benefits shall be the total unreduced retirement allowance of the disability retiree, notwithstanding the fact that said retiree was receiving a reduced retirement allowance in the year of his death.
The term “earnings” as used in this subsection shall mean income derived from wages, salaries, tips, commissions, other employee compensation, and self-employment. In all cases of doubt the Board of Trustees shall decide what are and what are not “earnings” for the purposes of administering the provisions of this subsection.
Such disability retiree who has not been certified as fit to perform duties in the nature of those he was performing prior to his retirement may, nevertheless, accept suitable employment with the City, subject to the “earnings” provisions contained herein; provided, however, that such an employee shall not again become a member of any retirement system supported in whole or in part by the Mayor and City Council of Baltimore.
(11) On or before May 1 of each year following his disability retirement, a Class A or Class B disability retiree shall submit, on a form issued by the Board of Trustees or on its equivalent as approved by the Board of Trustees, a signed statement setting forth his total gross earnings, if any, in the preceding calendar year and the source of said earnings. The execution of said forms by a disability retiree shall have the same effect as a statement sworn to by him before a notary public. Should any disability retiree fail to submit said signed statement, his retirement allowance may thereafter be discontinued by the Board of Trustees until he has complied; and should he fail to submit said signed and completed statement by May 1, of the succeeding year, all rights in and to his pension may be revoked by the Board of Trustees.
(12)
(i) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 5% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 5% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(ii) Effective April 1, 2001, any eligible surviving spouse, child, or children of a member who retired and elected the maximum benefit under subparagraph (i) of this paragraph (12), shall receive 40% of the allowance the member was receiving.
(d-1) Ordinary disability retirement benefits for Class A or Class B member who terminated employment on or before June 30, 1987.
(1) Survivorship benefits for members who selected maximum benefits and die on or before March 31, 2001.
No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001.
(2) Survivorship benefits for members who selected maximum benefits and die on or after April 1, 2001.
(i) If a member who was an employee and retired before July 1, 1987, and elected to receive maximum benefits without optional modification dies on or after April 1, 2001, and is survived by a spouse to whom the member had been married for at least 1 year immediately before retirement, an amount equal to 40% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried.
(ii) If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 40% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(3) Offset for Workers’s Compensation benefits.
(i) Benefits paid on or before March 31, 2001.
Workers’ Compensation benefits shall be offset against ordinary disability benefits paid on or before March 31, 2001, in accordance with subsection (j) of this section.
(ii) Benefits paid on or after April 1, 2001.
Workers’ Compensation benefits shall be offset against ordinary disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section.
(e) Line-of-duty disability benefit.
(1) Eligibility requirements.
A Class A or Class B member shall be retired on a line-of-duty disability retirement if a hearing examiner determines that the member is totally and permanently incapacitated for the further performance of the duties of his or her job classification in the employ of Baltimore City, as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place, without willful negligence on his or her part.
(2) Application and filing deadline.
To retire under this subsection, the member must:
(i) apply to the Board of Trustees, on a form approved by the Board; and
(ii) submit the application to the Board no later than 1 year following the member’s last day of City employment.
(3) Effective date of line-of-duty disability retirement.
A line-of-duty disability retirement under this subsection takes effect as follows:
(i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and
(ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of a month that falls at least 30 days after the date on which the Board received a completed application.
(f) Allowance on line-of-duty disability retirement.
(1) Upon retirement for line-of-duty disability, a Class A or Class B member is entitled to receive the maximum line-of-duty disability retirement allowance, which shall consist of:
(i) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(ii) a pension, in addition to the annuity, of 66⅔% of his average final compensation.
(2) Optional retirement allowances.
Any Class A or Class B member who is entitled to receive the maximum line-of-duty disability retirement allowance may elect to receive that maximum line-of-duty disability retirement allowance, or may elect to receive the actuarial equivalent of that maximum line-of-duty disability retirement allowance, computed as of the effective date of his or her retirement, in a lesser amount payable throughout his or her life in accordance with the following provisions:
Option 1. | If he or she dies before having received in total retirement benefits the present value of his or her retirement allowance as it was at the time of retirement, the balance shall be paid to his or her legal representatives or to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. | Upon his death, his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or
Option 3. | Upon his or her death, ½ of his or her retirement allowance as it was at the time of retirement shall be continued throughout the life of and paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. | Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to the person or persons that he or she nominates, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and subject to approval by the Board of Trustees.
(3)
(i) Any living retired Class A or Class B member has the right, within 30 days after the effective date of his or her retirement, and not later, to change his or her election of the maximum line-of-duty disability retirement allowance to any one of the options specified in paragraph (2) of this subsection, or to change his or her election of any one of those options to another one of those options, or to change his or her election from any one of those options to the maximum line-of-duty disability retirement allowance.
(ii) Any living retired member has the right, within 30 days after the effective date of his or her retirement, to change his or her designation of a beneficiary; but thereafter no such change may be made in connection with any option that provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated.
(iii) The election of any option or any change in connection with any option shall be made on forms provided for that purpose by the Board of Trustees, and filed with the Board.
(4) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him or her, then any payments that may have been made to him or her before that change are to be taken into account in arriving at the amount to be paid to him or her in connection with the retirement allowance finally selected.
(5)
(i) Any Class A or Class B member who retires and dies within 30 days after the effective date of his or her retirement, and who has been granted a retirement allowance of maximum benefits for line-of-duty disability under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member’s dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.
(ii) If a hearing examiner determines that the member’s death is the result of injuries sustained in the line of duty or was directly attributable to the inherent hazards of the duties performed by the employee and that the death was not caused by willful negligence on the part of the member, then there shall be paid in lieu of the non-line-of-duty death benefit provided for in § 6(h), the line-of-duty death benefit provided for in § 6(i), subject to the conditions of those sections.
(6) Any line-of-duty disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his or her retirement, shall be offset against any amounts payable under the provisions of §§ 6(h) or 6(i).
(7) Offset for Workers’s Compensation benefits.
(i) Benefits paid on or before March 31, 2001.
Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve for the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle.
(ii) Benefits paid on or after April 1, 2001.
Workers’ Compensation benefits shall be offset against line-of-duty disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section.
(8)
(i) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 5% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried.
(ii) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 5% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(iii) Effective April 1, 2001, any eligible surviving spouse, child, or children of a member who retired and elected the maximum benefit under this paragraph (8), shall receive 40% of the allowance the member was receiving.
(9)
(i) If a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried.
(ii) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member has attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(iii) For members who terminate employment with the City before June 29, 1990, subparagraphs (i) and (ii) shall be read by substituting “33⅓%” for “35%” wherever those amounts appear.
(iv) Effective June 28, 1992, any eligible surviving spouse, child, or children of a member who retired and elected, or who will retire and elect, the maximum benefit under this paragraph (9), shall receive 40% of the allowance the member was receiving.
(10) Survivorship benefits for beneficiaries of members who terminated employment on or before June 30, 1987 and selected maximum benefits.
(i) Members who died on or before March 31, 2001.
No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001.
(ii) Members who die on or after April 1, 2001.
(A) If a member who was an employee and retired before July 1, 1987, and elected to receive maximum benefits without optional modification dies on or after April 1, 2001, and is survived by a spouse to whom the member had been married for at least 1 year immediately before retirement, an amount equal to 40% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried.
(B) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 40% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22.
(g) {Vacant}
(h) Non-line-of-duty death benefit.
(1) Scope of subsection.
This subsection (h) applies to a Class A or Class B member who dies while actively employed, but whose death does not qualify under subsection (i) as a line-of-duty death.
(2) Lump-sum death benefit.
(i) On receipt of a written application and proper proof of the death of a Class A or Class B member in service, the Board of Trustees shall pay the lump-sum amount provided in this paragraph (2), but only if no benefits are paid under paragraph (3) of this subsection.
(ii) The lump-sum payment shall consist of:
A. the member’s accumulated contributions; plus
B. if the Class A or Class B member has acquired 1 or more years of service, 50% of the greater of the member’s current annual compensation or the member’s average final compensation on the date of the member’s death.
(iii) The lump-sum amount shall be paid:
A. to the member’s designated beneficiary;
B. if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse;
C. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;
D. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and
E. otherwise, to the member’s estate.
(3) 100% survivorship death benefit.
(i) If the Class A or Class B member was eligible for a service retirement allowance on the date of the member’s death, or would have become eligible for a service retirement allowance within 90 days after the date of the member’s death, and a proper application is filed under subparagraph (v) of this paragraph, the Board of Trustees shall pay a benefit equal to that which would have been paid to a surviving beneficiary under the 100% survivorship benefit of subsection §§ 6(a)(5) and 6(b)(6) of this section had the member elected that survivorship benefit in favor of that beneficiary and retired as of the date of death.
(ii) The benefit shall be paid:
A. to the member’s designated beneficiary, to continue for life, as long as that designated beneficiary is limited to:
1. the member’s surviving spouse to whom the member was married for at least 5 years immediately before the date of the member’s death; or
2. one of the member’s surviving parents; or
B. if the designated beneficiary is not the member’s spouse and the beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life, if the member was married to that spouse for at least 5 years immediately before the date of the member’s death.
(iii) If a Class A or Class B member files with the Board of Trustees a written designation that names someone other than a spouse or parent as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (3) are not available to the surviving spouse or parent of the member.
(iv) The benefit provided by this paragraph (3) is in place of all benefits provided under paragraph (2) of this subsection.
(v) To receive the benefit provided under this paragraph (3), the surviving spouse or parent must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member.
(4) 40% survivorship death benefit.
(i) Beginning April 1, 2001, if the member had at least 20 years of service as of the date of his or her death, without regard to whether the member was eligible for a service retirement benefit on the date of the member’s death, and if a proper application is filed under subparagraph (vii) of this paragraph (4), the Board of Trustees shall pay a retirement benefit equal to 40% of the member’s accrued maximum service retirement benefit based on the number of years of service credit as of the member’s date of death and as if the member had attained age 60 as of the date of his or her death.
(ii) This benefit shall be paid:
A. to the member’s designated beneficiary, as long as that designated beneficiary is limited to:
1. the member’s surviving spouse, to continue for life or until remarriage; or
2. the member’s unmarried minor children, to be paid to each child in equal shares, until that child marries or is no longer a minor, as defined in § 1(5) of this article; or
B. if the designated beneficiary is not the member’s spouse or minor child and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life or until remarriage; or
C. if there is no qualifying surviving spouse under subparagraph A or B, or if the surviving spouse dies or remarries, then to the member’s unmarried minor children, to be paid to each child in equal shares, until that child marries or is no longer a minor, as defined in § 1(5) of this article.
(iii) For purposes of this paragraph (4), “surviving spouse” means a spouse to whom the member was married for at least 1 year immediately before the date of the member’s death.
(iv) For purposes of this paragraph (4), when a member’s child marries or is no longer a minor and, consequently, ceases to receive benefits under this paragraph (4), each remaining unmarried minor child will begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child marries or is no longer a minor.
(v) If a member files with the Board of Trustees a written designation that names someone other than a spouse or minor child as beneficiary and if that beneficiary does not predecease the member, the benefits of this paragraph (4) are not available to the surviving spouse or minor children of the member.
(vi) The benefit provided by this paragraph (4) is in place of all benefits provided under paragraphs (2) and (3) of this subsection.
(vii) To receive the benefit provided under this paragraph (4), the surviving spouse or minor children must apply in writing, on forms provided by the Board of Trustees, within 60 days after notice of this benefit is provided to the spouse or minor children after the death of the member.
(viii) Any death benefits paid by this System and received by the beneficiary of a member under paragraphs (2) or (3) of this subsection shall be offset against any death benefits payable under this paragraph (4).
(ix) For purposes of this paragraph, the deceased member’s pre-enrollment or pre-membership employment:
(A) shall be included in figuring the minimum 20 years of service credit needed to be eligible to receive this death benefit; but
(B) may not be counted as service credit for purpose of calculating the amount of the death benefit, unless purchased as service credit in accordance with § 16 of this article.
(5) Death without beneficiaries or estate.
The amounts that would have been paid under this subsection (h), excluding membership contribution accounts, with interest, forever remain assets of the System if:
(i) a member dies without designating a beneficiary;
(ii) that member has no heirs, as enumerated in paragraphs 2(iii), 3(ii), and 4(ii) of this subsection (h); and
(iii) no estate for that member is opened within 2 years of the member’s death.
(6) Death of retired Class A or Class B member within 30 days of retirement.
(i) Scope of paragraph.
Except as specified in subparagraph (ii), this paragraph applies to a retired member who:
A. has been granted a service or disability retirement allowance; and
B. dies within 30 days of his or her retirement date.
(ii) Exception.
This paragraph does not apply to a former member who terminates employment before reaching age 60 without immediate entitlement to retirement benefits.
(iii) Death deemed to be during active service.
A retired Class A or Class B member described in subparagraph (i) of this paragraph (6) is deemed to have died while still employed by the City and, instead of any other service or disability benefits under this System, a non-line-of-duty death benefit will be paid as if he or she died during active service.
(iv) Benefit in place of others.
The benefit provided by subparagraph (iii) of this paragraph (6) is in place of all benefits provided under §§ 6(a), 6(b), 6(c), or 6(d).
(v) Offset of payments received.
Any pension benefits paid by this System and received by the retired member before he or she died shall be offset against the death benefits payable under this subsection (h) of this section.
(i) Line-of-duty death benefit.
(1) Scope of subsection.
This subsection applies only to an individual:
(i) who dies while a Class A or Class B member of this System; and
(ii) whose death has been determined by a hearing examiner to:
A. have arisen from injuries sustained in the line of duty; or
B. be directly attributable to the inherent hazards of the duties performed by the member; and
C. have arisen without willful negligence on the part of the member.
(2) Line-of-duty death benefit.
(i) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay:
A. the member’s accumulated contributions:
1. to the member’s designated beneficiary;
2. if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse;
3. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;
4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and
5. otherwise, to the member’s estate; and
B. a pension of 100% of the member’s current compensation:
1. to the member’s surviving spouse, to continue for life or until remarriage;
2. if there is no surviving spouse or if the surviving spouse dies or remarries, to the member’s minor children to be paid to each child, in equal shares, until that child is no longer minor, as defined in § 1(5) of this article; or
3. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member’s surviving dependent mother and or father in equal shares, to continue for life.
(ii) For purposes of subparagraph (i)(B) of this paragraph (2), “dependent” means the level of dependency required by Internal Revenue Code §152.
(iii) For purposes of this paragraph (2), when a member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (2), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor.
(iv) For purposes of this paragraph (2), where a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin receiving, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent.
(3) Death without beneficiaries or estate.
The amounts that would have been paid under this subsection (i), excluding membership contribution accounts, with interest, forever remain assets of the System if:
(i) a member dies without designating a beneficiary;
(ii) that member has no heirs, as enumerated in paragraphs 2(i)(A) and 2(i)(B) of this subsection (i); and
(iii) no estate for that member is opened within 2 years of the member’s death.
(4) Death on account of line-of-duty injury.
(i) This paragraph (4) applies to any member:
A. who retires under the provisions of §§ 6(e) and 6(f);
B. who dies within 30 days after the effective date of the member’s retirement;
C. whose death is the result of an accidental injury sustained in the line of duty or was directly attributable to the inherent hazards of the duties performed by such employee; and
D. whose death a hearing examiner has determined was not caused by willful negligence on the part of the member.
(ii) A member described in subparagraph (i) of this paragraph (4) is considered, for purposes of paragraph (1) of this subsection, to have died as a member in service. Thus, to the extent to which they are entitled under paragraphs (1) and (2) of this subsection (i), the beneficiaries of the member shall receive line-of-duty death benefits under this subsection (i).
(iii) Any retirement allowance which is payable pursuant to § 6(f) of this article, and which is made to any retired Class A or Class B member who dies within 30 days after his effective date of retirement, shall be offset against any line-of-duty death benefits payable under the provisions of this subsection.
(5) Minimum line-of-duty death pension benefit at June 30, 1994.
(i) This paragraph (5) applies to those beneficiaries who, as of June 30, 1994, are receiving a line-of-duty death benefit in accordance with this subsection (i) and whose total benefit on June 30, 1994, amounts to less than $10,000 annually.
(ii) Line-of-duty death benefits for beneficiaries described in subparagraph (i) of this paragraph (5) shall be increased to no less than the lower of:
A. an annual benefit of $10,000; or
B. an annual benefit equivalent to the June 30, 1994, salary for an active Class A or Class B member in the same job classification (e.g., class, grade, level, and longevity) as the Class A or Class B member on the date of the member’s death.
(iii) In no event may this paragraph result in a beneficiary’s receiving a pension less than the pension the member was receiving on June 30, 1994.
(iv) For purposes of this paragraph (5), the pension benefit includes any post-retirement benefit increases paid as of June 30, 1994.
(v) If any beneficiary receiving an increased minimum pension in 1994 as a result of this paragraph is eligible for a January 1995 post-retirement benefit increase under §17 of this article, the member’s 1995 post-retirement increase shall be calculated as though the beneficiary had received this increased minimum pension benefit on June 30, 1994.
(vi) Any post-retirement benefit increases paid before June 30, 1994, may not be changed due to any increase in benefits payable as a result of this paragraph (5).
(j) Offset for Workers’ Compensation benefits — Benefits paid on or before March 31, 2001.
(1) Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a Class A or Class B member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death.
(2) If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve on the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle.
(k) Offset for Workers’ Compensation benefits — Benefits paid on or after April 1, 2001.
(1) Scope of subsection.
This subsection applies to a member or beneficiaries of a member:
(i) the payment of whose retirement benefit commences on or after April 1, 2001, either:
(A) on account of a non-line-of-duty disability under subsection (c), (d), or (d-1), or
(B) on account of a line-of-duty disability under subsection (e) or (f); or
(ii) who dies on or after April 1, 2001, and is awarded either:
(A) a non-line-of-duty death benefit under subsection (h), or
(B) a line-of-duty death benefit under subsection (i).
(2) Offset for Workers’ Compensation payments.
The Board of Trustees shall offset the amount of a member’s Workers’ Compensation benefits to be paid or payable by the City and awarded under the State’s Workers’ Compensation Law against any disability or death benefits paid or payable by the System to a member or a member’s beneficiaries, if:
(i) the Workers’ Compensation award was for permanent partial or permanent total disability or for death; and
(ii) the Workers’ Compensation benefit was awarded on account of the same disability or death that resulted in the system’s payment of disability or death benefits.
(3) Amounts not included in offset.
The amount of Workers’ Compensation benefits to be offset does not include amounts allocated for the payment of legal fees, medical expenses, or other payments authorized by the Workers’ Compensation Commission to be made directly to third parties and not to the member or the member’s beneficiary.
(4) Method of offset.
(i) Non-actuarial method for lump-sum payments.
A. The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any lump-sum death benefits paid or payable by the System to a member’s beneficiaries in the following manner.
B. The offset shall be made on a non-actuarial, dollar-for-dollar basis against any lump-sum benefit until the total amount of the Workers’ Compensation benefits has been recovered.
C. If the amount of the Workers’ Compensation benefits exceeds the lump-sum death benefit, then no benefit may be paid, except for the return of the member’s accumulated contributions.
(ii) Actuarial method for periodic payments.
A. The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any periodic disability or death benefits paid or payable by the System to a member or a member’s beneficiaries in the following manner.
B. This offset shall be calculated on an actuarial basis by annuitizing the member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), and reducing the member’s periodic disability or death benefit by the annuitized amount until the total amount of the Workers’ Compensation benefits have been recovered.
C. The actuarial amount shall be calculated using an actuarial method and appropriate annuity factors recommended by the System’s actuary and approved by the Board of Trustees.
D. If the annuitized amount of the Workers’ Compensation benefits exceeds the System’s periodic disability or death benefit payment, then no death or disability benefit may be paid until the amount of the Workers’ Compensation benefit is recovered, except for the return of the member’s accumulated contributions.
(5) Restoration of offset amount against retirement benefits.
(i) On recovering the full amount of the member’s Workers’ Compensation benefits, the reduced disability or death benefits payable to the member or the member’s beneficiaries shall be restored to the unreduced amount of the disability or death benefits payable to the member or beneficiaries prior to the offset for Workers’ Compensation.
(ii) The amount by which a reduced disability or death benefit is restored under subparagraph (i) does not include any post-retirement increases that the member or the member’s beneficiaries would have been eligible to receive had the member’s disability or death benefits not been reduced.
(6) Transitional rule for those receiving reduced benefits prior to April 1, 2001.
(i) The Board of Trustees shall implement the method of offset described in paragraph (4) of this subsection (k) for any member or beneficiary of a member:
A. whose disability or death benefits were reduced by Workers’ Compensation benefits on or before March 31, 2001; and
B. whose Workers’ Compensation benefits were not fully recovered as of April 1, 2001.
(ii) For members or beneficiaries whose disability or death benefits have been offset on account of Workers’ Compensation benefits on or before March 31, 2001, and whose Workers’ Compensation benefits are found to have been recovered under the method described in paragraph (4), all Workers’ Compensation offsets shall be terminated.
(l) - (m) {Vacant}
(n) Minimum benefits for Class A and Class B retirees and beneficiaries of Class A and Class B members.
(1) Subject to the conditions, deductions and limitations hereinafter set forth, any member who has been retired and who is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $4,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such retiree was entitled to receive on the day immediately preceding the effective date of this ordinance.
(2) Subject to the conditions, deductions and limitations hereinafter set forth, any surviving beneficiary of a member who was retired and subsequently died before the effective date of this ordinance, and who (beneficiary) is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such beneficiary was entitled to receive on the day immediately preceding the effective date of this ordinance.
(3) Subject to the conditions, deductions and limitations hereinafter set forth, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member which death occurs after the effective date of this ordinance, and which retired member was entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the deceased retired member’s benefits, and even though the benefits may have been incorrectly determined, said beneficiary of the deceased retired member shall receive a minimum benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments.
(4) The minimum benefit of $4,000 for a retired member provided in paragraph (1) and the minimum benefit of $2,000 for any surviving beneficiary of a deceased retired member provided for in paragraphs (2) and (3) shall be subject to the following conditions, deductions and limitations:
(a) Said minimum benefit of $4,000 provided for any retired member shall in no event exceed the maximum salary, excluding longevity pay, life, medical and health insurance premiums paid by the City, and other like benefits paid by the City, payable on the effective date of this ordinance, to employees holding positions comparable to the position held by the retired member immediately before his retirement;
(b) Said minimum benefit of $2,000 provided for any beneficiary of a deceased retired member shall in no event exceed ½ the maximum salary, excluding longevity pay, life, medical and health insurance premiums paid by the City, and other like benefits paid by the City, payable on the effective date of this ordinance, comparable to the position held by the deceased retired member immediately before his retirement;
(c) In the event that a retired member or deceased retired member had less than 30 years of service, the aforesaid minimum total retirement benefits of $4,000 payable to a retired member and the minimum total retirement benefits of $2,000 payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 30 years;
(d) In the event that any unmarried retired member or any married retired member and his spouse have earned income or are entitled to receive social security benefits, or both, the total minimum retirement benefits of $4,000 provided for a retired member shall be reduced by the sum of both the earned income and social security entitlement of any unmarried retired member or any married retired member and his spouse, on a dollar-for-dollar basis up to a maximum reduction of $1,000 per annum.
In the event that a deceased retired member’s beneficiary has earned income or is entitled to receive social security benefits, or both, the minimum retirement benefits of $2,000 provided for a beneficiary shall be reduced by the total of both any earned income and social security entitlement on a dollar-for-dollar basis up to a maximum reduction of $1,000 per annum.
Social security entitlement shall include not only social security benefits which are actually being collected by the retired member, spouse or beneficiary, but shall also include the amount that the retired member, spouse or beneficiary first qualified for by reason of age or other circumstances, plus any increases of any kind in social security benefits, even though no application has been actually made for the receipt of these benefits.
Earned income shall mean wages, commission, or other compensation received by any retired member, spouse or beneficiary for services rendered in the capacity of an employee or self-employed, which was paid to them in consideration for any services rendered. It shall not include interest income, dividend income or any other unearned income which was paid to the recipient without services being rendered.
Every retired member shall submit, before May 1 of each year, on a form approved by the Board of Trustees, a signed statement setting forth the total earned income and the total social security benefit entitlement of the retired member and his spouse, if any, for the immediately preceding calendar year.
Every beneficiary of a deceased retired member shall submit before May 1 of each year on a form approved by the Board of Trustees, a signed statement setting forth the total earned income and the total social security benefit entitlement of the beneficiary for the immediately preceding calendar year.
The said form and its contents completed by a retired member or a deceased retired member’s beneficiary shall be certified and sworn to before a notary public. Should any retired member or a deceased retired member’s beneficiary fail to submit said signed statement as required, they shall not be entitled to the aforesaid minimum income benefit provided in this subsection until they have complied. However, they shall be entitled to receive the same benefits as they were entitled to receive on the day immediately preceding the effective date of this ordinance.
(e) In no event shall any retired member or a deceased retired member’s beneficiary, including beneficiaries under subsection (n)(3) of this section, receive less than a 5%-benefit increase, except those eligible for the aforesaid $4,000 to $2,000 minimum benefits, and those who have not filed the statements in accordance with the provisions of subsection (n)(4)(d), over and above the amount of total annual retirement benefits, including supplemental payments that they were receiving under the provisions of this subtitle, on April 18, 1974, used to calculate periodic payments due a retired member or a deceased retired member’s beneficiary on the last payroll period immediately preceding April 19, 1974, regardless of the basis used for calculating the benefits, and even though the benefits may have been incorrectly determined.
(f) The basis to be used in determining the eligibility for and computation of the new minimum total retirement benefits provided by this § 6(n) shall be, the total annual retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, used to calculate periodic payments due a retired member or a deceased members’ beneficiary on the last payroll period immediately preceding the effective date of this ordinance, regardless of the basis used for calculating the benefits and even though the benefits may have been incorrectly determined.
However, if the total annual benefits, including supplemental payments, used in calculating the periodic payments are less than those which would have been paid to the retired member or the deceased retired member’s beneficiary if the new definition of “service” under this ordinance were implemented, then the lesser retirement benefits are to be recalculated in conformity with the new definition of “services” as provided for under this ordinance, before determining the eligibility for and computation of the $4,000 minimum for a retired member and the $2,000 minimum for a deceased retired member’s beneficiary and the 5%-minimum guarantee for a retired member or a deceased retired member’s beneficiary.
(g) This subsection shall not be applicable to a beneficiary who received a lump sum benefit instead of a periodically paid retirement allowance.
(h) The total minimum benefits provided by this subsection shall cease at the time that the retired member or deceased retired member’s beneficiary is no longer entitled to receive a periodically paid pension, annuity, or both, under any other subsection of this subtitle. It is further provided that the total minimum retirement benefits guarantee so discontinued, with the exception of 4(d) of this subsection, shall not be reinstated upon any subsequent reemployment and eligibility for retirement as a result of such reemployment.
(i) This subsection shall not be applicable to any survivors of a retired member who elected to receive maximum benefits without optional modification to provide a periodically paid survivors benefit.
(o) Post retirement benefits for Class A and Class B retirees and beneficiaries of Class A and Class B members.
(1) Notwithstanding anything to the contrary contained in § 6(n), effective with the 1st day of the 1st full pay period after July 1, 1975, any retiree who has 30 years or more of service and who is eligible for the benefits provided for in § 6(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $4,400, subject to the limitations herein, shall be entitled to receive an increase of $400 over and above the amount that the retiree was eligible for as of June 30, 1975. However, if the $400 increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400.
(2) Notwithstanding anything to the contrary contained in § 6(n), effective with the 1st day of the 1st full pay period after July 1, 1975, any beneficiary of a member who had 30 years or more of service and who is eligible for the benefits provided for in § 6(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $2,200, subject to the limitations herein, shall be entitled to receive an increase of $200 over and above the amount that the beneficiary was eligible for as of June 30, 1975. However, if the $200 increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200.
(3) In the event that a retired member or deceased retired member had less than 30 years of service, the aforesaid $400 increase payable to a retired member and the $200 increase payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 30 years. However, if the reduced pro rata increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400, or if the reduced pro rata increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200.
(4) Notwithstanding anything to the contrary contained in § 6(n), any social security entitlement and earned income offsets provided for in § 6(n)(4)(d) shall, after July 1, 1975, not exceed the retiree’s or the beneficiaries’ offset which was used to calculate § 6(n) benefits on June 30, 1975. Should any such offset in any subsequent year be less than the June 30, 1975, offset, then the retiree or beneficiary shall, upon proper application, be entitled to receive the appropriate increase in § 6(n) benefits, in addition to the increased benefits provided for in this subsection.
(p) Post retirement; additional benefits.
In addition to the benefits provided for in this subtitle, any member who was retired on or before June 30, 1977, and who was receiving a periodically paid retirement benefit under this system shall be entitled to receive an increase in his total retirement benefits including §§ 6(n) and 6(o) adjusted benefits, effective with the 1st full pay period on or after July 1, 1979, in an amount equal to 5% of the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, which said retiree was receiving on June 30, 1977, subject to a maximum increase of $260 a year. However, such maximum increase of $260 shall be reduced, pro rata, by each year and the decimal proportion of a year of the retiree’s service which was less than 30 years at the time of the member’s retirement.
In addition to the benefits provided for in this subtitle, any beneficiary of a deceased retiree who became a beneficiary on or before June 30, 1977, as a result of the death of a retired member, which death occurred on or before June 30, 1977, and which beneficiary is receiving a periodically paid retirement benefit under this system, shall be entitled to receive an increase in his or her total retirement benefits including §§ 6(n) and 6(o) adjusted benefits, starting with the 1st full pay period on or after July 1, 1979, in an amount equal to 5% of the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, which said beneficiary was receiving on June 30, 1977, subject to a maximum increase of $130 a year. However, such maximum annual increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the original member retiree’s service was less than 30 years at the time the member retired.
In addition to the benefits provided for in this subtitle, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member, which death occurs on or after July 1, 1977, and which member was retired and receiving benefits on or before June 30, 1977, shall be entitled to receive an increase in the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, starting with the 1st full pay period on or after July 1, 1979 (or if the retired member dies after July 1, 1979, then the 1st pay period after the retired member’s death), in an amount equal to 5% of the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, which said beneficiary was receiving on June 30, 1979 (or at the time of the retired member’s death, if later), subject to a maximum increase of $130 a year. However, such maximum increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the original member retiree’s service was less than 30 years, at the time of the original member’s retirement.
The increases provided for under this section shall not be applicable to any retired member or any beneficiary of a deceased retired member who received a lump-sum benefit instead of a periodically paid retirement allowance. In addition, the benefits provided for in this section shall cease at the time that the retired member dies, or the deceased retired member’s beneficiary shall no longer be entitled to receive a periodically paid pension, annuity, or both, under any other section of this subtitle. It is further provided that the increases under this section when so discontinued, shall not be reinstated upon any subsequent reemployment and subsequent eligibility for retirement as a result of such reemployment.
(Ord. 20-459; Ord. 11-520; Ord. 07-422; Ord. 05-173; Ord. 04-822; Ord. 01-189; Ord. 99-587; Ord. 95-525; Ord. 93-263; Ord. 93-250; Ord. 92-086; Ord. 91-829; Ord. 91-777; Ord. 89-275; Ord. 87-988; Ord. 86-767; Ord. 79-1126; Ord. 70-1055; Ord. 75-1058; Ord. 75-975; Ord. 74-552; Ord. 73-419; Ord. 72-237; Ord. 67-1022; Ord. 63-1583; Ord. 61-1039; Ord. 59-1774; Ord. 59-1864; Ord. 58-1649; Ord. 58-1565; Ord. 58-1397; Ord. 57-1100; Ord. 55-096; Ord. 53-989; Ord. 53-899; Ord. 51-1634; Ord. 50-1410; Ord. 49-703; Ord. 47-858; Ord. 45-209; Ord. 39-942; Ord. 26-553.)
