Fort Worth City Code § 2.5-50 APPLICABILITY.
§ 2.5-50 APPLICABILITY.
This division applies to group II members as defined by § 2.5-1.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
PROVISIONS FOR GROUP II MEMBERS (GENERAL EMPLOYEES HIRED ON OR AFTER JULY 1, 2011)
Fort Worth City Code ch. 2.5, art. I, div. 5
in effectFort Worth City Code § 2.5-51 EARNINGS.
§ 2.5-51 EARNINGS.
(a) (1) For credited service earned prior to October 1, 2013, earnings shall mean the amount actually paid to a group II member by the city for services rendered to the city during the calendar year, plus overtime, acting, assignment, holiday, longevity, educational incentive, safety award, incentive and shift differential pay, as reported on the group II member’s W-2 form. Earnings shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits), beginning for such amounts received by group II members on or after January 1, 2006, so long as required by law. Regardless of the fact that the following payments may be shown upon a group II member’s W-2 form, earnings shall not include:
a. Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
b. Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
c. Any award by a court, administrative body or settlement agreement in excess of earnings;
d. Any a payment received from the city’s wellness program;
e. Any amount received from the city’s vacation sell-back program; and
f. Any amount paid to a group II member for which the city does not contribute to the fund under § 2.5-3.
(2) A group II member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group II member during the calendar year added to earnings reported on the group II member’s W-2 form to arrive at total earnings for fund matters. Mandatory group II member contributions that are picked-up by the city and excluded from a member’s W-2 form shall also be included as part of earnings. Notwithstanding the foregoing, earnings in excess of $200,000, if any (or such other amounts as may be determined by taking into account the cost-of-living adjustment provided under § 401(a)(17) of the code) shall be disregarded for all purposes of this definition. Notwithstanding the preceding provisions, earnings shall not include any amounts paid following a group II member’s effective DROP election.
(b) (1) For credited service earned on or after October 1, 2013, earnings shall mean the amount actually paid to a group II member for services rendered to the city during the calendar year, plus acting, assignment, holiday, longevity, educational incentive, safety award, incentive and shift differential pay, as reported on the group II member’s W-2 form. “Earnings” shall also include weekly workers’ compensation benefits (currently referred to as temporary income benefits), beginning for such amounts received by group II members on or after January 1, 2006, so long as required by law. earnings does not include overtime. Regardless of the fact that the following payments may be shown upon a group II member’s W-2 form, earnings shall not include:
a. Any non-salary allowance (such as uniform reimbursement, automobile allowance or mileage, etc.);
b. Lump sum payments received at time of termination for unused vacation leave, sick leave and personal leave;
c. Any award by a court, administrative body or settlement agreement in excess of earnings;
d. Any payment received from the city’s wellness program;
e. Any amount received from the city’s vacation sell-back program; and
f. Any amount paid to a group II member for which the city does not contribute to the fund under § 2.5-3.
(2) A group II member participating in a city-sponsored deferred compensation plan shall have the amount of any deferred compensation credited to that group II member during the calendar year added to earnings reported on the group II member’s W-2 form to arrive at total earnings for fund matters. Mandatory group II member contributions that are picked-up by the city and excluded from a member’s W-2 form shall also be included as part of earnings. Notwithstanding the foregoing, earnings in excess of $200,000, if any (or such other amounts as may be determined by taking into account the cost-of-living adjustment provided under § 401(a)(17) of the code) shall be disregarded for all purposes of this definition. Notwithstanding the preceding provisions, earnings shall not include any amounts paid following a group II member’s effective DROP election.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
Fort Worth City Code § 2.5-52 RETIREMENT DATES.
§ 2.5-52 RETIREMENT DATES.
(a) Normal retirement date. A group II member hired on or after July 1, 2011, shall be eligible for pension benefits on or after the group II member’s normal retirement date which shall be the last day of the month in which the group II member reaches age 55, and in which the earliest of the following occurs:
(1) The group II member’s years of age (minimum age of 55) and years of credited service total 80; or
(2) The later of:
a. The date on which the group II member reaches age 65; or
b. The fifth anniversary of the date the group II member joined the fund.
(b) Vested terminated retirement date. A vested group II member hired on or after July 1, 2011, who is voluntarily or involuntarily separated from the service of the city prior to their normal retirement date shall be eligible for pension benefits on or after such group II member’s vested termination date which shall be the last day of the month in which the group II member reaches age 55, and in which the group II member’s years of age (minimum age of 55) and years of service total 80.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 23516-12-2018, § 1, passed 12-11-2018)
Fort Worth City Code § 2.5-53 COMPENSATION BASE FOR DETERMINING BENEFITS FOR GROUP II MEMBERS.
§ 2.5-53 COMPENSATION BASE FOR DETERMINING BENEFITS FOR GROUP II MEMBERS.
(a) For a group II member, pension, death, disability and vested termination benefits shall be based upon the group II member’s compensation base which shall mean the average annual earnings, excluding overtime, which were paid to the group II member by the city for employment with the city during any five calendar years in which he or she had the highest annual earnings (excluding overtime).
(b) If a group II member has less than five calendar years of employment, the group II member’s compensation base shall be determined by the executive director under uniform, non-discriminatory procedures that are consistently applied.
(c) For compensation base purposes, any lump sum payments of earnings for any prior time period, whether awarded to the group II member by a court, administrative body or settlement agreement, shall be retroactively attributed to the calendar year in which it would otherwise have been received by the group II member from the city for services rendered. For purposes of computing the compensation base for a group II member who has made an effective DROP election, the group II member’s compensation base shall be calculated using the group II member’s earnings (excluding overtime) prior to the effective date of the DROP election.
(d) For the time period from July 1, 2011, through September 30, 2013, both city contributions and group II member contributions “picked up” by the city on overtime will be placed in a cash balance account for each group II member to be administered by the fund. A group II member will be eligible to receive the proceeds in the cash balance account plus regular interest upon termination of employment from the city. However, a group II member who retires from the city under a normal retirement, special retirement, disability retirement or early retirement is entitled to receive a dollar-for-dollar match of the proceeds in the cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account upon retirement. A group II member who retires from the city under a vested termination retirement is entitled to receive a dollar-for-dollar match of the proceeds in the group II member’s cash balance account, and a dollar-for-dollar match of the regular interest on the cash balance up until the date of the group II member’s termination of employment with the city. However, the group II member is not entitled to any interest on the cash balance account after the date of the group II member’s termination of employment with the city. An eligible surviving widow or widower, dependent child or children, or dependent parent or parents of a group II member who dies prior to retirement would also be entitled to receive a dollar-for-dollar match of the proceeds in the cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account.
(e) Overtime is not included in the definition of earnings for credited service earned or purchased on or after October 1, 2013.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 22977-10-2017, § 1, passed 10-24-2017)
Fort Worth City Code § 2.5-54 TERMINATION BENEFITS AND VESTING.
§ 2.5-54 TERMINATION BENEFITS AND VESTING.
(a) Contribution refund prior to vesting. Any group II member hired on or after July 1, 2011, who is voluntarily or involuntarily separated from the service of the city before the group II member is vested shall be entitled to receive the amount of the group II member’s contributions, plus regular interest including any proceeds in the group II member’s cash balance account, less any amount previously paid to the group II member from the fund.
(b) Vested termination pension.
(1) a. A vested group II member, who is voluntarily or involuntarily separated from the service of the city shall be entitled to receive a vested termination pension payable:
1. In full pursuant to § 2.5-52(b); or
2. In a reduced amount commencing on or after age 55.
b. A group II member must file a request for the commencement of the vested termination pension by completing such forms and following such procedures as are established by the board. A vested termination pension shall be payable monthly on the first day of each month commencing with the month following approval of the group II member’s vested termination pension by the board.
(2) A vested termination pension shall be an annual life pension, the amount of which shall be the specified percentage of the group II member’s compensation base multiplied by the group II member’s total years of credited service to date of such voluntary or involuntary separation from the service of the city. For purposes of the preceding sentence, the specified percentage of the group II member’s compensation base shall be 2.25%, unless the group II member has attained his or her normal retirement date prior to the date the group II member’s pension payments begin, in which case the specified percentage shall be 2.50%. A vested termination pension shall be calculated using the “multiplier” (“specified percentage”) in effect at the time the credited service is earned or purchased.
(3) In addition to the reduced multiplier described in subsection (b)(2) above, a member taking early retirement shall have his benefit reduced by an amount equal to the product of 0.416666667% multiplied times the number of months by which the commencement of the early retirement pension antedates the group II member's normal retirement date.
(c) Contribution refund after vesting in lieu of vested termination pension. Any vested group II member who is voluntarily or involuntarily separated from the service of the city may elect to receive a refund of the group II member’s contributions, plus regular interest including any proceeds in the group II member’s cash balance account less any amount previously paid to the group II member from the fund, either at the date of such separation or at any time thereafter prior to commencement of retirement benefit, but by so doing, the group II member shall forfeit all rights under the fund and thereafter be entitled to no further benefits hereunder.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 22977-10-2017, § 1, passed 10-24-2017; Ord. 23516-12-2018, § 1, passed 12-11-2018)
Fort Worth City Code § 2.5-55 RETIREMENT PENSION (BENEFIT).
§ 2.5-55 RETIREMENT PENSION (BENEFIT).
(a) Pensions commencing upon normal retirement date. A vested group II member who retires on or after the group II member’s normal retirement date and requests commencement of the group II member’s pension, or a group II member who terminates employment prior to the group II member’s normal retirement date and who waits until such vested retirement date to apply for a pension, shall receive an annual life pension, the amount of which shall be 2.50% of the group II member’s compensation base multiplied by the group II member’s total years of credited service, payable monthly on the first day of each month commencing with the month following the board’s approval of the group II member’s retirement benefit. This retirement benefit shall be called the “group II member standard pension benefit.”
(b) Alternative pension benefit. In lieu of the group II member standard pension benefit, a group II member may irrevocably elect with his or her spouse’s consent (where applicable), in advance of his or her retirement and pursuant to regulations and requirements the board in its discretion may adopt, to receive an “alternative pension benefit” which shall be actuarially equivalent to the group II member’s standard pension benefit and which shall be payable in two parts:
(1) One part in a lump sum amount not less than 5% nor greater than 25% of the actuarial equivalent of the group II member’s standard pension benefit, which lump sum shall be payable on the date benefits commence under subsection (b)(2) below; and
(2) The remainder in an annual life pension, payable monthly on the first day of each month commencing with the month following the board’s approval of the group II member’s pension.
(c) Limitation on alternative pension benefit. Notwithstanding any other provision in this division to the contrary, the option to elect an alternative pension benefit shall not be available for any disability benefit under § 2.5-56, death benefit under § 2.5-57, or normal vested termination pension under § 2.5-54, nor shall it be available to any retired employee who is receiving pension benefits hereunder as of the effective date of the alternative pension benefit provisions of this division, nor shall it be available upon re-retirement to any retired employee who becomes re-employed by the city.
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
Fort Worth City Code § 2.5-56 DISABILITY PENSION.
§ 2.5-56 DISABILITY PENSION.
(a) General provisions. See § 2.5-7, for general provisions related to disability pension.
(b) Disability in line of duty. If a group II member hired on or after July 1, 2011, whether or not vested, becomes disabled as above defined while in line of duty, the group II member shall receive an annual life pension, the amount of which shall be the specified percentage of the group II member’s compensation base multiplied by the group II member’s total years of credited service which would have accrued if the group II member had worked to the group II member’s normal retirement date, but not less than $250 per month. For purposes of the preceding sentence, the specified percentage of the group II member’s compensation base shall be 2.25%, unless the group II member is already eligible to retire on or after the group II member’s normal retirement date, in which case the specified percentage shall be 2.50%.
(c) Disability not in line of duty for vested group II members. If a vested group II member as defined by § 2.5-7 becomes disabled as above defined while not in line of duty, the group II member shall receive an annual life pension, the amount of which shall be the specified percentage of the group II member’s compensation base multiplied by the group II member’s total years of credited service to date of actual retirement. For purposes of the preceding sentence, the specified percentage of the group II member’s compensation base shall be 2.25%, unless the group II member is already eligible to retire on or after the group II member’s normal retirement date, in which case the specified percentage shall be 2.50%.
(d) Disability not in line of duty for non-vested group II members. If a group II member becomes disabled while not in line of duty before the group II member is vested, then such group II member shall be entitled to receive a contribution refund in accordance with § 2.5-54(a).
(Ord. 20471-10-2012, § 2, passed 10-23-2012)
Fort Worth City Code § 2.5-57 DEATH BENEFITS.
§ 2.5-57 DEATH BENEFITS.
(a) In line of duty.
(1) If a group II member dies before retirement while in line of duty and as a result of the performance of that group II member’s duties, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group II member’s pension, based on the number of years of credited service that would have accrued had the group II member lived to the group II member’s normal retirement date, but not less than $250. The surviving widow or widower shall also be entitled to the proceeds in the group II member’s cash balance account and a dollar-for-dollar match of the proceeds in the group II member’s cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account, if applicable.
(2) Each dependent child of such group II member under age 18 shall be entitled to receive a monthly pension, the amount of which shall be $100, provided however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this division, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group II member’s pension, based on the number of years of credited service that would have accrued had the group II member lived to the group II member’s normal retirement date, but not less than $250, plus the proceeds in the group II member’s cash balance account, and a dollar-for-dollar match of the proceeds in the group II member’s cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account, if applicable.
(3) If a group II member dies while in line of duty and leaves no widow or widower or children eligible to receive a benefit hereunder, but is survived by a dependent parent or parents, such dependent parents or the surviving dependent parent shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group II member’s accrued pension projected to the group II member’s normal retirement date, but not less than $250, plus the proceeds in the group II member’s cash balance account, and a dollar-for-dollar match of the proceeds in group II member’s cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account, if applicable.
(4) The survivor’s monthly pension benefit for a group II member who dies in line of duty shall be calculated using a multiplier of 2.5%.
(b) While not in line of duty.
(1) Vested group II member.
a. If a vested group II member dies before retirement, while not in line of duty, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group II member’s accrued pension but not less than $150, plus the proceeds in the group II member’s cash balance account, and a dollar-for-dollar match of the proceeds in the group II member’s cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account, if applicable.
b. Each dependent child under 18 years of age of such vested group II member shall be entitled to receive a monthly pension, the amount of which shall be $100; provided, however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this division, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group II member’s accrued pension, but not less than $150, plus the proceeds in the group II member’s cash balance account, and a dollar-for-dollar match of the proceeds in group II member’s cash balance account plus a dollar-for-dollar match of the regular interest on the proceeds in the cash balance account, if applicable.
c. If a group II member dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit hereunder, but is survived by a dependent parent or parents, such dependent parents or the surviving dependent parent shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group II member’s accrued pension, but not less than $150, plus the proceeds in the group II member’s cash balance account, and a dollar-for-dollar match of the proceeds in group II member’s cash balance account plus a dollar-for-dollar match of the regular intereston the proceeds in the cash balance account, if applicable.
d. The survivor’s monthly pension benefit for a vested group II member who dies not in line of duty shall be calculated using a multiplier of 2.25%.
(2) Group II member not vested at time of death. If a group II member was not vested on the date of death, the surviving widow or widower shall be entitled to the return of all contributions which the group II member paid into the fund during the group II member’s life plus regular interest thereon. If there is not surviving widow or widower, the contributions shall be paid to the estate of the group II member.
(c) After retirement.
(1) Group II members who are married at retirement. Upon the death of a retired group II member, the surviving spouse of the group II member may be eligible to receive a monthly pension if the group II member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group II member’s reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group II member’s election to receive a reduced monthly pension. Notwithstanding the preceding, a surviving spouse who was not married to the deceased group II member at the time of the group II member’s retirement shall be eligible to receive a monthly pension if the group II member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director, within six months after the group II member’s completion of two years of marriage to the group II member’s spouse. The reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group II member’s election to receive a reduced monthly pension. The group II member can elect for his or her surviving spouse to receive either 100%, 75%, 50% or 25% of the group II member’s reduced monthly pension.
(2) Group II members who are not married on date of retirement. Upon the death of a retired group II member who was not married at retirement, a beneficiary designated by the group II member at retirement may be eligible to receive a monthly pension if the group II member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group II member’s reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group II member’s election to receive a reduced monthly pension. The group II member can elect for his or her designated beneficiary to receive either 100%, 75%, 50% or 25% of the group II member’s reduced monthly pension. If a group II member who was not married at retirement and who selected a designated beneficiary pursuant to this section later marries, only the designated beneficiary would be entitled to receive a lifetime monthly pension.
(3) Each dependent child under 18 years of age of such deceased group II member shall be entitled to receive a monthly pension, the amount of which shall be $100, but shall cease upon the earliest of such child’s death, marriage or attainment of age 18 pursuant to the terms of this division.
(d) Terminated group II member. If a terminated group II member entitled to a pension under the provisions of this division dies before the group II member’s pension commences, the group II member’s designated beneficiary, or if none, the group II member’s estate shall receive an amount equal to the group II member’s total contributions to the fund, plus regular interest, including any proceeds in the group II member’s cash balance account, if applicable. If the vested group II member’s years of age and years of credited service total at least 65 as of the date of the group II member’s termination, the group II member’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group II member would have been entitled as of the date of the group II member’s death, in lieu of the payment of contributions plus regular interest. If the group II member’s years of age and credited service did not total at least 65 as of the date of the group II member’s termination, the group II member’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group II member would have been eligible to draw the benefit, or an immediate benefit at an actuarially reduced rate.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 22977-10-2017, § 1, passed 10-24-2017)
Fort Worth City Code § 2.5-58 through 2.5-60 RESERVED.
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-3015Fetched: 10/26/2026