Increased benefits police&fire

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Increased benefits police&fire

  1. 1. Police & Firefighter Retirement Benefits 0 PROPOSITION HShall the City increase retirement benefits for police and firefighters? YES NO Digest by Ballot Simplification CommitteeTHE WAY IT IS NOW: City police and firefighters are members of of retirement. Police and firefighters who retire at age 55 wouldthe Citys retirement system. Generally, police and firefighters can receive, for each year of service, 3 percent of the salary earned atretire at age 50. Police and firefighters who retire at age 50 receive, the time of retirement. The maximum retirement benefit police andfor each year of service, 2 percent of the salary they earned at the firefighters could receive would be 90 percent of the salary at thetime of retirement. Police and firefighters who retire at age 55 time of retirement. Police and firefighters who retire before Januaryreceive, for each year of service, 2.7 percent of the salary they 1, 2003 would not be eligible for this increase.earned at the time of retirement. The maximum retirement benefitpolice and firefighters may receive is 75 percent of their salary at A “YES”VOTE MEANS: If you vote "Yes," you want to make thesethe time of retirement. changes to police and firefighter retirement benefits.THE PROPOSAL: Proposition H is a Charter amendment that A “NO” VOTE MEANS: If you vote "No," you do not want to makewould change the formula for police and firefighter retirement ben- these changes to police and firefighter retirement benefits.efits. Police and firefighters who retire at age 50 would receive, foreach year of service, 2.4 percent of the salary earned at the time Controller’s Statement on “H” How Supervisors Voted on "H" City Controller Edward Harrington has issued the following On July 8, 2002 the Board of Supervisors voted 11 to 0 to placestatement on the fiscal impact of Proposition H: Proposition H on the ballot. Should the proposed amendment be adopted, in my opinion, the The Supervisors voted as follows:cost to the City and County would increase, as estimated by the Yes: Supervisors Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell,Retirement System Actuary, by about $28 million per year for the McGoldrick, Newsom, Peskin, Sandoval, and Yee.next 20 years, dropping after 20 years to an ongoing cost ofapproximately $8.2 million per year. However, no cash would be required since the Citys RetirementSystem currently has a large surplus. While the cost of this pro-posal would reduce that surplus, the City nonetheless should notbe required to make employer contributions to the RetirementSystem for at least the next ten years. The Amendment also pro-vides that if the City is required to make employer contributions tothe Retirement System, the City will negotiate a cost-sharingagreement with the police officers and firefighters to cover all orpart of the cost of providing the additional retirement benefitsthrough employee contributions. THIS MEASURE REQUIRES 50%+1 AFFIRMATIVE VOTES TO PASS.ARGUMENTS FOR AND AGAINST THIS MEASURE IMMEDIATELY FOLLOW THIS PAGE. THE FULL TEXT BEGINS ON PAGE P-96.SOME OF THE WORDS USED IN THE BALLOT DIGEST ARE EXPLAINED ON PAGE P-3. P-89
  2. 2. 0 Police & Firefighter Retirement Benefits PROPONENT’S ARGUMENT IN FAVOR OF PROPOSITION H To protect San Francisco we must make sure that our very best This is a fiscally sound and fair plan that will protect our city. Itfirefighters, police officers and paramedics can stay right here at makes sure we have the best trained personnel at work.home. Proposition H helps bring our public safety officers up to the state- wide average of retirement benefits. It will make a difference in Thats why we support Proposition H to help recruit and retain the safety of our city.the most qualified public safety personnel. Please join Senator Feinstein, Congresswoman Pelosi, and The men and women of our public safety services risk their Supervisors Ammiano, Daly, Hall, Leno, Maxwell, McGoldrick,lives to protect us. Thats why we need to protect them with com- Newson, Peskin, Sandoval and Yee in voting YES on Proposition H.mon-sense measures like Proposition H. Right now, San Franciscooffers some of the lowest retirement benefits in the state to fire- Keep our very best hard at work protecting us. Vote Yes onfighters, police officers and paramedics. As a result, the men and Proposition H!women who protect our families face intense pressure to takeemployment elsewhere - so they can protect their own families. Senator Dianne Feinstein Congresswoman Nancy Pelosi Proposition H is a way to address this problem. Supervisors Tom Ammiano, Chris Daly, Tony Hall, Mark Leno, Because of a multi-billion dollar surplus in our pension fund, Sophie Maxwell, Jake McGoldrick, Gavin Newsom, Aaronthere will be no cost to taxpayers for at least ten years, and prob- Peskin, Gerardo Sandoval and Leland Yeeably much longer. As an added financial protection, Proposition Hrequires that if the retirement surplus is ever exhausted, the publicsafety officers would be required to enter into negotiations withthe city to pay for the added benefit themselves. REBUTTAL TO PROPONENT’S ARGUMENT IN FAVOR OF PROPOSITION H NO REBUTTAL TO PROPONENT’S ARGUMENT WAS SUBMITTED Arguments printed on this page are the opinion of the authors and have not been checked for accuracy by any official agency.P-90
  3. 3. Police & Firefighter Retirement Benefits 0 OPPONENT’S ARGUMENT AGAINST PROPOSITION H NO OPPONENT’S ARGUMENT WAS SUBMITTED REBUTTAL TO OPPONENT’S ARGUMENT AGAINST PROPOSITION H NO OPPONENT’S ARGUMENT WAS SUBMITTEDArguments printed on this page are the opinion of the authors and have not been checked for accuracy by any official agency. P-91
  4. 4. 0 Police & Firefighter Retirement Benefits PAID ARGUMENTS IN FAVOR OF PROPOSITION H The SAN FRANCISCO DEMOCRATIC PARTY recom- The two largest contributors to the true source recipient committeemends a YES Vote on H - Police and Fire Retirement Benefits are: 1. San Francisco Police Officers Association 2. San Francisco Firefighters.Jane Morrison, Chair, San Francisco Democratic PartyThe true source of funds used for the printing fee of this argument Proposition H Keeps Our Safety Officers on the Job.is San Francisco Democratic Party. I am proud of the work police officers and firefighters do toThe three largest contributors to the true source recipient commit- keep our streets safe. Crime has dropped dramatically in the pasttee are: 1. Nancy Pelosi 2. Carole Migden 3. SEIU, Local 250 PAC. six years and our safety officers record of saving lives and fight- ing fires remains excellent. Proposition H will help us retain these trained professionals who put their lives on the line for us every Keep Our Communities Safe. day. Please join me in support of Proposition H. Dont the men and women who risk their lives every day to pro-tect us deserve a fair chance to protect their own families? Weneed our officers focused on keeping our communities safe, not Mayor Willie L. Brown, Jr.worried about who will take care of their families. Proposition H The true source of funds used for the printing fee of this argumentis a sensible solution to keep trained firefighters, police officers, is Yes on H, Public Safety Officers for a Better Retirement.and paramedics on the job. Please join me in voting YES on H. The two largest contributors to the true source recipient committee are: 1. San Francisco Police Officers Association 2. San FranciscoSenator Dianne Feinstein Firefighters.The true source of funds used for the printing fee of this argumentis Yes on H, Public Safety Officers for a Better Retirement. Labor Unites for Proposition H.The two largest contributors to the true source recipient committee In these troubled times, our police officers, firefighters, andare: 1. San Francisco Police Officers Association 2. San Francisco paramedics are more important than ever before. That means weFirefighters. cant afford to lose our best officers to neighboring cities. Help keep our dedicated public safety workers on the job. Vote YES on Protect Our Public Safety Officers. Proposition H to keep San Francisco competitive with other cities. Our police, firefighters, and paramedics are there when we needthem. Its our duty to care for them and their families when they Larry Mazzola, President S.F.B.T.C.need us. Vote YES on Proposition H and give San Francisco pub- Gunnar Lundeberg, President Sailors Union of the Pacificlic safety workers the pensions they deserve. It wont cost taxpay- The true source of funds used for the printing fee of this argumenters a penny, but it will make our city a safer place to live. is Yes on H, Public Safety Officers for a Better Retirement.Congresswoman Nancy Pelosi The two largest contributors to the true source recipient committee are: 1. San Francisco Police Officers Association 2. San FranciscoThe true source of funds used for the printing fee of this argument Firefighters.is Yes on H, Public Safety Officers for a Better Retirement.The two largest contributors to the true source recipient committee Police and Fire Chiefs Urge YES on H!are: 1. San Francisco Police Officers Association 2. San Francisco San Francisco firefighters and police officers have some of theFirefighters. lowest retirement benefits in California. As a result, San Francisco is facing a recruitment and retention crisis. Please help keep these Public Safety Officers Deserve a Fair Pension! brave men and women in our city by supporting pension parity Police officers, firefighters and paramedics put their lives on the for public safety officers in San Francisco. Vote YES online every day to protect us. Lets make sure that these brave men Proposition H.and women receive the pensions they deserve. Please vote YES on Anthony D. Ribera, Retired Police ChiefProposition H. At no cost to taxpayers, Proposition H is a fiscally Fred H. Lau, Retired Police Chiefresponsible measure that will improve our public safety. Fank M. Jordan, Former Mayor Prentice E. Sanders, Chief of PoliceState Senator John Burton Andrew C. Casper, Retired Chief SFFDAssemblyman Kevin ShelleyAssemblywoman Carole MigdenThe true source of funds used for the printing fee of this argumentis Yes on H, Public Safety Officers for a Better Retirement. Arguments printed on this page are the opinion of the authors and have not been checked for accuracy by any official agency.P-92
  5. 5. Police & Firefighter Retirement Benefits 0 PAID ARGUMENTS IN FAVOR OF PROPOSITION HThe true source of funds used for the printing fee of this argument Elsa Cheung, Vice Chair SF Republican Partyis Yes on H, Public Safety Officers for a Better Retirement. Arthur Bruzzone, Former Chair, SF Republican PartyThe two largest contributors to the true source recipient committee The true source of funds used for the printing fee of this argumentare: 1. San Francisco Police Officers Association 2. San Francisco is Yes on H, Public Safety Officers for a Better Retirement.Firefighters. The two largest contributors to the true source recipient committee are: 1. San Francisco Police Officers Association 2. San Francisco Firefighters.We are members of the Retirement Board. However, we are signing this ballot argument in our individual Almost every major city, from Oakland, to San Jose, to Sancapacities. Diego, provides a better retirement package than San Francisco. Members of the Retirement Board Urge YES on Proposition H. As a result of San Franciscos low retirement benefits, the police As guardians of San Franciscos retirement system, we know and fire departments are facing a recruitment and retention crisis.Proposition H is both fair and fiscally sound. The police department is currently in need of 100 additional offi- The current surplus in the retirement fund is more than enough cers. The fire department is losing firefighters and paramedics toto pay for this vitally needed upgrade of pensions for police offi- other jurisdictions throughout the state. At a cost of $300,000 tocers, firefighters, and paramedics. As an added protection, train one new police officer, its clear that retaining experiencedProposition H requires that public safety employees enter into officers is vital to San Francisco.negotiations to pay for pension upgrades in the unlikely event that Please join me in voting YES on H and help keep our best pub-the surplus is no longer sufficient. This is an important new lic safety officers right here in San Francisco.precedent in fiscal responsibility and we urge the entire city tosupport it. Angela Alioto, Former President, SF Board of Supervisors Please join us in voting YES on Proposition H. The true source of funds used for the printing fee of this argument is Yes on H, Public Safety Officers for a Better Retirement.William S. Breall, San Francisco Employees Retirement Board The two largest contributors to the true source recipient committeeCommissioner are: 1. San Francisco Police Officers Association 2. San FranciscoHerb Meiberger, San Francisco Employees Retirement Board Firefighters.CommissionerE. David Ellington, San Francisco Employees Retirement BoardCommissioner Coalition for San Francisco Neighborhoods SupportsJake McGoldrick, San Francisco Employees Retirement Board Proposition H!Commissioner The Coalition for San Francisco Neighborhoods is dedicated toBrenda Wright, San Francisco Employees Retirement Board keeping our communities safe and secure. Thats why we supportCommissioner Proposition H, pension parity for firefighters, police officers, and paramedics. A fair pension will ensure that well-trained publicThe true source of funds used for the printing fee of this argument safety officers stay right here in San Francisco, where they canis Yes on H, Public Safety Officers for a Better Retirement. protect our city.The two largest contributors to the true source recipient committee Barbara Meskunas, President, Coalition for San Franciscoare: 1. San Francisco Police Officers Association 2. San Francisco NeighborhoodsFirefighters. The true source of funds used for the printing fee of this argument is Yes on H, Public Safety Officers for a Better Retirement. Republicans Urge YES on H. The two largest contributors to the true source recipient committee Proposition H will help keep our very best police, paramedics, are: 1. San Francisco Police Officers Association 2. San Franciscoand firefighters where we need them: here on the streets of San Firefighters.Francisco. Proposition H is a smart solution that wont cost thetaxpayers a penny. Proposition H also establishes important newcost-saving precedents. Thats why we urge all Republicans, andall cost-conscious San Franciscans, to join us in support ofProposition H.Annemarie Conroy, Former Member SF Board of SupervisorsJames Fang, BART DirectorDonald Casper, Former Chair SF Republican PartyRita OHara, Vice Chair SF Republican Party Arguments printed on this page are the opinion of the authors and have not been checked for accuracy by any official agency. P-93
  6. 6. 0 Police & Firefighter Retirement Benefits PAID ARGUMENTS IN FAVOR OF PROPOSITION H Lesbian and Gay Officers Support Proposition H. Antonio L. Flores, Vice President, Latino Police Officers Lesbian and Gay San Francisco police officers, firefighters and Associationparamedics support Proposition H. San Francisco lags behind Gregory Corrales, Past President, Latino Police Officersother California cities in providing retirement benefits to public Associationsafety personnel. Proposition H is our chance to change that. A James Escobar, Officermulti-billion dollar surplus in our pension fund means there will The true source of funds used for the printing fee of this argumentbe no cost to taxpayers for at least ten years. And if that surplus is Yes on H, Public Safety Officers for a Better Retirement.ever runs out, Proposition H requires public safety officers tonegotiate with the city to pay for those benefits themselves. The two largest contributors to the true source recipient committee Vote YES on H. are: 1. San Francisco Police Officers Association 2. San Francisco Firefighters.Marlene Ottone, LieutenantTimothy Armour, InspectorDavid Southern, Police Officer Officers for Justice Support Proposition HRichard Ernst, Police Officer San Francisco Officers for Justice support fairness and diversi-The true source of funds used for the printing fee of this argument ty. Thats why San Francisco needs Proposition H, to help recruitis Yes on H, Public Safety Officers for a Better Retirement. and retain the very best public safety officers. Proposition H will not cost the General Fund a penny, because there is a surplus inThe two largest contributors to the true source recipient committee the retirement system that legally cannot be used for any otherare: 1. San Francisco Police Officers Association 2. San Francisco purpose. Please join us in support of Proposition H, and help makeFirefighters. our city safer with money that would otherwise remain untapped. Samuel Craig, Board Member, SF Officers for Justice*Asian Peace Officers and Asian Firefighters Support Edward Geeter, Board Member, SF Officers for Justice*Proposition H. Kevin Whitfield, Inspector* Police officers, firefighters and paramedics put their lives on the * For Identification Purposes Onlyline every day and ask for little in return. Now is our chance tohonor their dedication by giving them fair pensions. San Francisco The true source of funds used for the printing fee of this argumenthas a retirement surplus of nearly $3 billion. That means the funds is Yes on H, Public Safety Officers for a Better Retirement.are already available to give our public safety officers the benefits The two largest contributors to the true source recipient committeethey deserve. are: 1. San Francisco Police Officers Association 2. San Francisco Please join us in supporting San Franciscos finest and bravest Firefighters.by voting YES for Proposition H.David Kamita, Police Inspector Yes on HHenry Seto, SF Asian Police Officers Association Treasurer We owe our firefighters and police officers benefits in line withThe true source of funds used for the printing fee of this argument other counties in California. This measure will provide long termis Yes on H, Public Safety Officers for a Better Retirement. security for those who stand watch over our public safety. Prop. H equalizes their retirement benefits by tapping into theThe two largest contributors to the true source recipient committee $3 billion surplus in the Citys retirement fund. These funds areare: 1. San Francisco Police Officers Association 2. San Francisco only available for this purpose, thus will have no significant fiscalFirefighters. impact on the city. Please Vote Yes on Proposition H. Join Latino Officers in Support of Proposition H. Proposition H offers Latino officers within the San Francisco Supervisor Gavin NewsomPolice and Fire Departments a chance to protect our families and The true source of funds used for the printing fee of this argumentloved ones. We are proud to protect your families. Now help us is Newsom 2002.take care of ours. This measure means our families will be sup- The three largest contributors to the true source recipient commit-ported if we are killed or injured in the line of duty. Thats why we tee are: 1. Ruth E. Werner 2. Anne Scherer 3. Christine Murray.ask you to vote YES on Proposition H. Arguments printed on this page are the opinion of the authors and have not been checked for accuracy by any official agency.P-94
  7. 7. Police & Firefighter Retirement Benefits 0 PAID ARGUMENTS IN FAVOR OF PROPOSITION H Yes on H. Police officers and firefighters put their lives on the San Francisco has one of the lowest crime rates in California.line every day. Help retain our highly trained professionals by Yet, our police officers receive some of the leanest retirement ben-matching their retirement benefits with neighboring cities. efits in the state. Prevent our well-trained, qualified police officers from transferring to other counties. Help us continue to recruitSan Francisco Republican Party qualified men and women to our police force.Mike DeNunzio, Chairman Maintain safety on our streets. Yes on H.Officers of the San Francisco Republican Party:Elsa Cheung, Vice Chairman, Political Action City Treasurer Susan LealRita OHara, Vice Chairman, Special Events The true source of funds used for the printing fee of this argumentSue C. Woods, Treasurer is Susan Leal.Donald A. Casper, Immediate Past ChairmanRepublican Candidates for the Congress and Assembly: Proposition H Protects our City!G. Michael German, 8h Congressional District Please join me in support of Proposition H, and make sure SanHoward Epstein, 12th Assembly District Franciscos police officers, firefighters, and paramedics can afford to live and work in our city. By providing a fair pension for ourMembers, San Francisco Republican Party: public safety personnel, Proposition H will help keep SanDr. Cynthia Amelon Francisco safe.Harold M. HoogasianAlbert Chang Doris Ward, San Francisco Assessor-RecorderRodney Leong The true source of funds used for the printing fee of this argumentTerence Faulkner is Doris Ward.Darcy LinnMembers-Elect, San Francisco Republican Party: As Executive Director of the San Francisco NeighborhoodMike Antonini Resource Center, I understand how important safety is to our com-Christopher L. Bowman munity. Thats why I urge you to vote YES on Proposition H. WithJames Fuller no cost to taxpayers, this is a financially sensible way to ensureJoel Springer that our firefighters, police officers, and paramedics remain whereJoe Yew we need them most.Presidents, San Francisco Republican Volunteer Clubs: Andrew Lee, Executive Director, San Francisco NeighborhoodRaymond G. Choy, Chairman, California Chinese American Resource CenterRepublican Association The true source of funds used for the printing fee of this argumentColin Gallagher, Log Cabin Club of San FranciscoLeo Lacayo, National Hispanic Republican Assembly, San is Andrew Lee.Francisco ChapterThe true sources of funds used for the printing fee of this argumentare the signators and the San Francisco Republican Party.The three largest contributors to the true source recipient commit-tee are: 1. Committee on Jobs 2. George W. Rowe 3. George F.Jewett, Jr. Arguments printed on this page are the opinion of the authors and have not been checked for accuracy by any official agency. P-95
  8. 8. TEXT OF PROPOSED CHARTER AMENDMENT PROPOSITION H Describing and setting forth a proposal to the this section A8.595 and Sections A8.595-2 if said member has not held said rank or posi-qualified electors of the City and County of San through A8.595-14, unless a different meaning tion for at least one year immediately prior toFrancisco to amend the Charter of said City and is plainly required by the context, shall have the said retirement or death, "final compensation,"County by adding Sections A8.595 through following meanings: as to such member, shall mean the monthlyA8.595-14, A8.596 through A8.596-14, A8.597 "Retirement allowance," "death allowance" compensation earnable by such member in thethrough A8.597-15, and A8.598 through or "allowance," shall mean equal monthly pay- rank or position next lower to the rank or posi-A8.598-15 thereto, relating to retirement bene- ments, beginning to accrue upon the date of tion which he or she held at the time of retire-fits for police officers and firefighters, and by retirement, or upon the day following the date ment or death at the rate of remunerationamending Sections A8.500-1 and A8.500-2 to of death, as the case may be, and continuing for attached at the time of said retirement or deathconform to the new retirement plans. life unless a different term of payment is defi- to said next lower rank or position; provided, The Board of Supervisors of the City and nitely provided by the context. however, that in the case of a members deathCounty of San Francisco hereby submits to the "Compensation," as distinguished from ben- before retirement as the result of a violent trau-qualified electors of said City and County at an efits under the Workers Compensation matic injury received in the performance of hiselection to be held therein on November 5, Insurance and Safety Act of the State of or her duty, "final compensation," as to such2002 a proposal to amend the Charter of said California, shall mean the remuneration member shall mean the monthly compensationCity and County by adding Sections A8.595 payable in cash, by the City and County, with- earnable by such member at the rate of remu-through A8.595-14, A8.596 through A8.596- out deduction except for absence from duty, for neration attached on the date he or she receives14, A8.597 through A8.597-15, and A8.598 time during which the individual receiving such such injury to the rank or position held by suchthrough A8.598-15, and by amending Sections remuneration is a member of the police depart- member on that date.A8.500-1 and A8.500-2 to read as follows: ment, but excluding remuneration paid for For purposes of calculation of final compen- overtime. sation, any increase in pay solely attributable Note: Additions are single-underline italics. For retirement purposes, any increase in to possession of a POST certificate shall be Deletions are strikethrough italics. compensation attached to a rank which is included only if the member possesses the qual- based solely upon the possession of a POST ifying POST certificate for a period of not lessA8.595 MEMBERS OF THE POLICE certificate, compared to the equivalent rank than four (4) years prior to his or her retire-DEPARTMENT ON JANUARY 1, 2003 WHO without a POST certificate, shall be subject to ment date; provided, however, that should aARE MEMBERS OF THE RETIREMENT the following limitations: member possess the qualifying POST certifi-SYSTEM UNDER CHARTER SECTION (a) for possession of the intermediate POST cate for a period of time less than four (4) yearsA8.559. certificate, no more than 4% shall be prior to retirement, final compensation shall be Members of the police department on included in compensation, calculated based upon the monthly compensa-January 1, 2003 who are members of the retire- (b) for possession of the advanced POST cer- tion in the next lower rank not requiring pos-ment system under Section A8.559 may elect to tificate, no more than an additional 2% session of the qualifying POST certificate.be members of the retirement system under over the maximum provided in subsection For the purpose of Sections A8.595 throughSection A8.595 instead of Section A8.559. Any (a), above, shall be included in compensa- A8.595-14, the terms "member of the policesuch election must be exercised in writing, on a tion, department," "member of the department," orform furnished by the retirement system, and These limits shall apply to any pay incre- "member" shall mean any officer or employeefiled at the office of said system not later than ments which are solely attributable to the pos- of the police department, who was a member ofthe close of business on December 31, 2002. session of a POST certificate, including but not the police department on January 1, 2003 and Those persons who elect to be members limited to premiums or special ranks which may a member of the retirement system underunder Section A8.595 as provided in the pre- be established in the future and which are sole- Section A8.559 and who elected to be a mem-ceding paragraph, shall be members of the sys- ly attributable to the possession of a POST cer- ber of Section A8.595 as provided in Sectiontem subject to provisions of Sections A8.595 tificate. A8.595.through Section A8.595-14 (which shall apply "Compensation earnable" shall mean the Any police service performed by such mem-only to members under Section A8.595) in compensation which would have been earned bers of the police department outside the limitsaddition to the provisions contained in Sections had the member received compensation without of the City and County and under orders of a12.100 to 12.103 and Sections A8.500, A8.510 interruption throughout the period under con- superior officer of any such member, shall beand A8.520 of this charter, notwithstanding the sideration and at the rates of remuneration considered as City and County service, and anyprovisions of any other section of this charter, attached at that time to the ranks or positions disability or death incurred therein shall beand shall not be subject to any of the provisions held by him or her during such period, it being covered under the provisions of the retirementof Section A8.559 of this charter. assumed that during any absence, he or she system. The provisions of section A8.595 shall not was in the rank or position held by him or her "Retirement system" or "system" shall meanapply to any member of the retirement system at the beginning of the absence, and that prior San Francisco City and County Employeesunder section A8.559 who separated from serv- to becoming a member of the police depart- Retirement System as created in Section A8.500ice, retired or died before January 1, 2003, or ment, he or she was in the rank or position first of the charter.to his or her continuant; provided, however, held by him or her in such department. "Retirement board" shall mean "retirementthat the provisions of section A8.595-2 shall "Benefit" shall include "allowance," "retire- board" as created in Section 12.100 of theapply to the adjustment required in Sections ment allowance," "death allowance" and charter.A8.559-3, A8-559-4 and A8.559-5 for a retired "death benefit." "Charter" shall mean the charter of the Citymember or his or her surviving spouse or con- "Final compensation" shall mean the month- and County of San Francisco.tinuant when the retired member would not ly compensation earnable by a member at the Words used in the masculine gender shallhave completed at least twenty-five (25) years time of his or her retirement, or death before include the feminine and neuter gender, wordsof service in the aggregate and attained the age retirement, as the case may be, at the rate of used in the feminine gender shall include theof fifty (50) years until after January 1, 2003. remuneration attached at that time to the rank masculine and neuter gender, and singular or position which said member held, provided that said member has held said rank or positionA8.595-1 DEFINITIONS for at least one year immediately prior to said The following words and phrases as used in retirement or death; and provided, further, that (Continued on next page)P-96
  9. 9. LEGAL TEXT OF PROPOSITION H (CONTINUED)numbers shall include the plural and the plural lesser allowance to be received by him or her of said final compensation; provided, however,the singular. throughout his or her life, and partly in other that if such member has completed at least 25 "Interest" shall mean interest at the rate benefits payable after his or her death to anoth- years of service in the aggregate, computed asadopted by the retirement board. er person or persons, provided that such elec- provided in Section A8.595-10, but has not yet tion shall be subject to all the conditions pre- attained the age of 50 years, he or she shallA8.595-2 SERVICE RETIREMENT scribed by the board of supervisors to govern receive an allowance equal to the retirement Any member of the police department who similar election by other members of the retire- allowance he or she would have received if hecompletes at least twenty-five (25) years of ment system, including the character and or she had attained the age of 50 years andservice in the aggregate and attains the age of amount of such other benefits. retired under Section A8.595-2 as of the date offifty (50) years, said service to be computed retirement for such incapacity. The question ofunder Section A8.595-10, may retire for service A8.595-3 RETIREMENT FOR INCAPACITY retiring a member under this section may beat his or her option. A member retired after Any member of the police department who brought before the retirement board on saidmeeting the service and age requirements in the becomes incapacitated for the performance of boards own motion, by recommendation of thepreceding sentence, shall receive a retirement his or her duty by reason of any bodily injury police commission, or by said member or his orallowance equal to the percent of the final com- received in, or illness caused by the perform- her guardian. If his or her disability shallpensation of said member, as defined in Section ance of his or her duty, shall be retired. If he or cease, his or her retirement allowance shallA8.595-1, set forth below opposite his or her she is not qualified for service retirement, he or cease, and he or she shall be restored to theage at retirement, taken to the preceding quar- she shall receive a retirement allowance in an service in the rank he or she occupied at theter year, for each year of service, as computed amount which shall be equal to the same per- time of his or her retirement.under Section A8.595-10: centage of the final compensation of said mem- ber, as defined in Section A8.595-1, as his or A8.595-4 DEATH ALLOWANCE Percent for Each Year her percentage of disability is determined to be. If a member of the police department shall Retirement Age of Credited Service The percentage of disability shall be as deter- die before or after retirement by reason of an mined by the Workers Compensation Appeals injury received in, or illness caused by the per- 50 2.400 Board of the State of California upon referral formance of his or her duty, a death allowance, 50.25 2.430 from the retirement board for that purpose; in lieu of any allowance payable under any 50.5 2.460 provided that the retirement board may, by five other section of the charter or by ordinance, on 50.75 2.490 affirmative votes, adjust the percentage of dis- account of death resulting from injury received 51 2.520 ability as determined by said appeals board; in or illness caused by the performance of duty, 51.25 2.550 and provided, further, that such retirement shall be paid, beginning on the date next fol- 51.5 2.580 allowance shall be in an amount not less than lowing the date of death, to his or her surviving 51.75 2.610 50 percent nor more than 90 percent of the final spouse throughout his or her life or until his or 52 2.640 compensation of said member, as defined in her remarriage. If the member, at the time of 52.25 2.670 Section A8.595-1. Said allowance shall be paid death, was qualified for service retirement, but 52.5 2.700 to said member until the date upon which said had not retired, the allowance payable shall be 52.75 2.730 member would have qualified for service retire- equal to the retirement allowance which the 53 2.760 ment had he or she lived and rendered service member would have received if he or she had 53.25 2.790 without interruption in the rank held by the been retired for service on the day of death, but 53.5 2.820 member at retirement, and after said date the such allowance shall not be less than 55 per- 53.75 2.850 allowance payable shall be equal to the retire- cent of the final compensation earnable by said 54 2.880 ment allowance said member would have member immediately preceding death. If death 54.25 2.910 received if retired for service on said date occurs prior to qualification for service retire- 54.5 2.940 based on the final compensation, as defined in ment, the allowance payable shall be equal to 54.75 2.970 Section A8.595-1, he or she would have the final compensation of said member at the 55+ 3.000 received immediately prior to said date, had he date of death, until the date upon which said or she lived and rendered service as assumed, member would have qualified for service retire- In no event, however, shall such a retirement but such allowance shall not be less than 55 ment, had he or she lived and rendered serviceallowance exceed ninety (90) percent of a mem- percent of such final compensation. without interruption in the rank held by thebers final compensation. If, at the time of retirement because of dis- member at death, and after said date the If, at the date of retirement for service, or ability, he or she is qualified as to age and serv- allowance payable shall be equal to the retire-retirement for disability resulting from an ice for retirement under Section A8.595-2, he ment allowance said member would haveinjury received in the performance of duty, said or she shall receive an allowance equal to the received if retired for service on said date,member has no spouse, children or dependent retirement allowance which he or she would based on the final compensation he or sheparents, who would qualify for the continuance receive if retired under Section A8.595-2, but would have received immediately prior to saidof the allowance after the death of said mem- not less than 55 percent of said final compen- date, had he or she lived and rendered serviceber, or with respect to the portion of the sation. Any member of the police department as assumed, but such allowance shall not beallowance which would not be continued who becomes incapacitated for performance of less than 55 percent of such monthly final com-regardless of dependents, or upon retirement his or her duty, by reason of a cause not includ- pensation. If he or she had retired prior tofor disability resulting from other causes, with ed under the provisions of the immediately pre- death, for service or for disability resultingrespect to all of the allowance and regardless of ceding sentences, and who shall have complet- from injury received in, or illness caused by thedependents at retirement, a member retired ed at least 10 years of service in the aggregate, performance of duty, the allowance payableunder this section, or Section A8.595-3, may computed as provided in Section A8.595-10, shall be equal to the retirement allowance ofelect before the first payment of the retirement shall be retired upon an allowance of one and the member, except that if he or she was a mem-allowance is made, to receive the actuarial one-half percent of the final compensation ofequivalent of his or her allowance or the por- said member as defined in Section A8.595-1 fortion which would not be continued regardless each year of service, provided that saidof dependents, as the case may be, partly in a allowance shall not be less than 33-1/3 percent (Continued on next page) P-97
  10. 10. LEGAL TEXT OF PROPOSITION H (CONTINUED)ber under Section 5.595 and retirement was for or remarriage and who has not thereafter againsuch disability, and if death occurred prior to (c) if his or her death occurred after retire- remarried.qualification for the service retirement ment for disability by reason of injury The surviving spouse, in the event of death ofallowance, the allowance continued shall be received in, or illness caused by perform- the member after qualification for but beforereduced upon the date at which said member ance of duty, his or her retirement service retirement, may elect before the firstwould have qualified for service retirement, in allowance as it was at his or her death payment of the allowance, to receive the bene-the same manner as it would have been reduced shall be continued throughout life or until fit provided in Section A8.595-A8, in lieu of thehad the member not died. If there is no surviv- remarriage, to his or her surviving spouse, allowance which otherwise would be continueding spouse entitled to an allowance hereunder, except that, if death occurred prior to to him or her under this section. If there is noor if he or she dies or remarries before every qualification for service retirement surviving spouse, the guardian of thechild of such deceased member attains the age allowance, the allowance continued shall eligible child or children may make such elec-of 18 years, then the allowance which the sur- be adjusted upon the date of which said tion, and if there are no such children, theviving spouse would have received had he or member would have qualified for service dependent parent or parents may make suchshe lived and not remarried shall be paid to his retirement, in the same manner as it would election. "Qualified for service retirement,"or her child or children under said age, collec- have been adjusted had the member not "Qualification for service retirement" ortively, to continue until every such child dies or died; or "Qualified as to age and service for retire-attains said age, provided that no child shall (d) if his or her death occurred after comple- ment," as used in this section and other sec-receive any allowance after marrying or attain- tion of at least 10 years of service in the tions to which persons who are members undering the age of 18 years. Should said member aggregate, computed as provided in Section A8.595 are subject, shall mean comple-leave no surviving spouse and no children Section A8.595-10, an allowance in an tion of 25 years of service and attainment ofunder the age of 18 years, but leave a child or amount equal to the retirement allowance age 50, said service to be computed underchildren, regardless of age, dependent upon to which the member would have been Section A8.595-10.him or her for support because partially or entitled pursuant to Section A8.595-3 if hetotally disabled and unable to earn a livelihood or she had retired on the date of death A8.595-6 ADJUSTMENT OF ALLOWANCESor a parent or parents dependent upon him or because of incapacity for performance of Every retirement or death allowance payableher for support, the child or children and the duty resulting from a cause other than to or on account of any member under Sectionparents so dependent shall collectively receive bodily injury received in, or illness caused A8.595 shall be increased or decreased as ofa monthly allowance equal to that which a sur- by performance of duty shall be paid January 1, 2003, and thereafter on the effectiveviving spouse otherwise would have received, throughout life or until remarriage to his date of any legislation fixing the rates of com-during such dependency. No allowance, howev- or her surviving spouse. pensation for police officers under sectioner, shall be paid under this section to a surviv- If there is no surviving spouse entitled to an A8.590-1 et seq. of this charter by an amounting spouse following the death of a member allowance hereunder, or if he or she dies or equal to 50 percent of any increase or decrease,unless he or she was married to the member remarries before every child of such deceased respectively, in the rate of remunerationprior to the date of the injury or onset of the ill- member attains the age of 18 years, then the attached to the rank or position upon whichness which results in death. allowance which the surviving spouse would such retirement or death allowance was based; have received had he or she lived and not provided, however, that no allowance shall beA8.595-5 PAYMENT TO SURVIVING remarried shall be paid to his or her child or reduced below the amount being received by aDEPENDENTS children under said age, collectively, to contin- member or his or her beneficiary on January 1, Upon the death of a member of the police ue until every such child dies or attains said 2003, or on the date such member or benefici-department resulting from any cause, other age, provided that no child shall receive any ary began to receive the allowance, whicheverthan an injury received in, or illness caused by allowance after marrying or attaining the age is later.performance of duty; of 18 years. Should said member leave no sur-(a) if his or her death occurred after qualifi- viving spouse and no children under age of 18 A8.595-7 ADJUSTMENT FOR COMPENSA- cation for service retirement, under years, but leave a child or children, regardless TION PAYMENTS Section A8.595-2 or after retirement for of age, dependent upon him or her for support That portion of any allowance payable service or because of disability which because partially or totally disabled and because of the death or retirement of any mem- resulted from any cause other than an unable to earn a livelihood or a parent or par- ber of the police department which is provided injury received in, or illness caused by ents dependent upon him or her for support, the by contributions of the City and County, shall performance of duty, three-fourths of his child or children and the parents so dependent be reduced, by the amount of any benefits other or her retirement allowance to which the shall collectively receive a monthly allowance than medical benefits, payable by the City and member would have been entitled if he or equal to that which a surviving spouse other- County to or on account of such person, under she had retired for service at the time of wise would have received, during such depend- any workers compensation law or any other death or three-fourths of the retirement ency. No allowance, however, shall be paid general law and because of the injury or illness allowance as it was at his or her death, as under this section to a surviving spouse unless resulting in said death or retirement. Such por- the case may be, shall be continued he or she was married to the member prior to tion which is paid because of death or retire- throughout life or until remarriage to his the date of the injury or onset of the illness ment which resulted from injury received in or or her surviving spouse; or which results in death if he or she had not illness caused by performance of duty, shall be(b) if his or her death occurred after the com- retired, or unless he or she was married to the considered as in lieu of all benefits, other than pletion of at least 25 years of service in the member at least one year prior to his or her medical benefits, payable to or on account of aggregate but prior to the attainment of death if he or she had retired. such person under such law and shall be in sat- the age of 50 years, three-fourths of the As used in this section and Section A8.595-4, isfaction and discharge of the obligation of the retirement allowance to which he or she "surviving spouse" shall mean and include a City and County to pay such benefits. would have been entitled under Section surviving spouse, and shall also mean and A8.595-2 if he or she had attained the age include a spouse who has remarried since the of 50 years on the date of his or her death death of the member, but whose remarriage has shall be continued throughout life or until been terminated by death, divorce or annul- remarriage to his or her surviving spouse; ment within five years after the date of such (Continued on next page)P-98
  11. 11. LEGAL TEXT OF PROPOSITION H (CONTINUED)A8.595-8 DEATH BENEFIT police department. said member has no spouse who would If a member of the police department shall (b) Time during which said member served qualify for the continuance of thedie, before retirement from causes other than and received compensation as a jail allowance to him or her after the death ofan injury received in or illness caused by the matron in the office of the sheriff. said member, or upon retirement for dis-performance of duty, or regardless of cause, if (c) Time during which said member is absent ability resulting from other causes,no allowance shall be payable under Section from a status included in Subsections (a) regardless of his or her marital condi-8.595-4 or 8.595-5 preceding, a death benefit or (b) next preceding, by reason of service tions, the dependent contributions withshall be paid to his or her estate or designated in the armed forces of the United States of accumulated interest thereon, shall bebeneficiary, the amount of which and the con- America, or by reason of any other service paid to him or her forthwith. The depend-ditions for the payment of which shall be deter- included in Sections A8.520 and A8.521 of ent rate of contribution, however, shall notmined in the manner prescribed by the board of the charter, during any war in which the exceed the difference between seven per-supervisors for the death benefit of other mem- United States was or shall be engaged or cent and the members normal rate of con-bers of the retirement system. Upon the death of during other national emergency, and for tribution, and said dependent rate may bea member after retirement and regardless of the which said member contributed or con- taken as a flat percentage of the memberscause of death, a death benefit shall be paid to tributes to the retirement system or for normal rate, regardless of the age of qual-his or her estate or designated beneficiary the which the City and County contributed or ification for service retirement.amount of which and the conditions for the pay- contributes on his or her account. (c) The City and County shall contribute toment of which shall be determined in the man- the retirement system such amounts asner prescribed by the board of supervisors for A8.595-11 SOURCES OF FUNDS may be necessary, when added to the con-the death benefit of other members of the retire- All payments provided for members under tributions referred to in Subsection (a) ofment system. Section A8.595 shall be made from funds this Section A8.595-11, to provide the ben- derived from the following sources, plus inter- efits payable to members under SectionA8.595-9 REFUNDS AND REDEPOSITS est earned on said funds: A8.595. Such contributions of the City and Should any member of the police department (a) There shall be deducted from each pay- County to provide the portion of the bene-cease to be employed as such a member, ment of compensation made to a member fits hereunder shall be made in annualthrough any cause other than death or retire- under Section A8.595 a sum equal to installments, and the installment to bement or transfer to another office or depart- seven percent of such payment of compen- paid in any year shall be determined byment, all of his or her contributions, with inter- sation. The sum so deducted shall be paid the application of a percentage to the totalest credited thereon, shall be refunded to him or forthwith to the retirement system. Said compensation paid during said year toher subject to the conditions prescribed by the contribution shall be credited to the indi- persons who are members under Sectionboard of supervisors to govern similar termina- vidual account of the member from whose A8.595 in accordance with the provisionstions of employment of other members of the salary it was deducted, and the total of of Section A8.510.retirement system. If he or she shall again said contributions, together with interest (d) To promote the stability of the retirementbecome a member of the department, he or she credited thereon in the same manner as is system through a joint participation in theshall redeposit in the retirement fund, the prescribed by the board of supervisors for result of variations in the experienceamount refunded to him or her. Should a mem- crediting interest to contributions of other under mortality, investment and other con-ber of the police department become an members of the retirement system, shall be tingencies, the contributions of both mem-employee of any other office or department, his applied to provide part of the retirement bers and the City and County held by theor her accumulated contribution account shall allowance granted to, or allowance grant- system to provide benefits for membersbe adjusted by payments to or from him or her ed on account of said member, or shall be under Section A8.595, shall be a part ofas the case may be to make the accumulated paid to said member or his or her estate or the fund in which all other assets of saidcontributions credited to him or her at the time beneficiary as provided in Section A8.595- system are included.of change, equal to the amount which would 8, A8.595-9 and A8.595-10. A members (e) Any year in which, based upon the retire-have been credited to him or her if he or she individual account under Section A8.595 ment systems annual actuarial valuation,had been employed in said other office or shall include all monies previously credit- the employer contribution rate exceedsdepartment at the rate of compensation ed to the members account under Section 0%, the employee organizations repre-received by him or her in the police department A8.559 . senting safety members shall jointly meetand he or she shall receive credit for service for (b) The dependent contributions of each mem- and confer with city representatives towhich said contributions were made, according ber under this section which shall be implement a cost sharing arrangementto the charter section under which his or her required of each member throughout his between the city and employee organiza-membership in the retirement system continues. or her membership in addition to the nor- tions. Such arrangement will effect a mal contributions, and in the same man- material reduction of the cost impact ofA8.595-10 COMPUTATION OF SERVICE ner as normal contributions, shall be such employer contributions on the citys gen- The following time shall be included in the as, on the average for such member, will eral fund.computation of the service to be credited to a provide, assuming service without inter- The dollar value of the cost sharingmember of the police department for the pur- ruption under Section A8.595-2, and upon arrangement shall not exceed the totalposes of determining whether such member he or she first qualifying as to age and annual cost to the retirement system ofqualified for retirement and calculating bene- service for retirement under that section, improving the police and fire safety retire-fits, excluding, however, any time, the contribu- one-third of the portion of his or her ment plans to the 3%@55 benefit level ortions for which were withdrawn by said mem- allowance, which is to be continued under the total employer contribution requiredber upon termination of his or her service while Section A8.595-5 after his or her death by the retirement system, whichever ishe or she was a member under any other char- and throughout the life of a surviving lesser. Such cost sharing arrangementter section, and not redeposited upon reentry spouse whose age at said death is three shall not require an employee contributioninto service: years less than the age of said member. If,(a) Time during and for which said member is at the date of retirement for service or entitled to receive compensation because retirement for disability resulting from of services as a member of the fire or injury received in the performance of duty, (Continued on next page) P-99
  12. 12. LEGAL TEXT OF PROPOSITION H (CONTINUED) in excess of the limits set elsewhere in this or their continuants. No vesting retirement is plainly required by the context, shall have the charter. allowance under this section shall exceed following meanings: The meet and confer process, including all ninety (90%) percent of the members final "Retirement allowance," "death allowance" impasse procedures under section A8.590- compensation. or "allowance," shall mean equal monthly pay- 1 et seq., shall be concluded not later than Any member of the police department con- ments, beginning to accrue upon the date of April 1st except by mutual agreement of victed of a crime involving moral turpitude retirement, or upon the day following the date the parties. The cost sharing arrangement committed in connection with his or her duties of death, as the case may be, and continuing for must be finalized to permit implementa- as a member of the police department shall, life unless a different term of payment is defi- tion effective July 1. upon termination of his or her employment pur- nitely provided by the context. The retirement boards authority under suant to the provisions of this charter, forfeit all "Compensation," as distinguished from ben- charter section 12.100 and in section right to any benefits under this section except efits under the Workers Compensation A8.510 concerning the annual setting of refund of his or her accumulated contributions. Insurance and Safety Act of the State of the rates of contribution are not subject to Every retirement or death allowance payable California, shall mean the remuneration the meet and confer process, including all to or on account of any member under Section payable in cash, by the City and County, with- impasse procedures under section A8.590- A 8.595-14 shall be adjusted in accordance out deduction except for absence from duty, for 1 et seq. with the provisions of Section A 8.595-6 pro- time during which the individual receiving such vided that if the members accrued service remuneration is a member of the fire depart-A8.595-12 RIGHT TO RETIRE credit is less than 25 years the Section A 8.595- ment, but excluding remuneration paid for Upon the completion of the years of service 6 adjustment will be multiplied by a fraction overtime.set forth in Section A8.595-2 as requisite to where the denominator is 25 and the numerator "Compensation earnable" shall mean theretirement, a member of the police department is equal to the members accrued service credit compensation which would have been earnedshall be entitled to retire at any time thereafter at the date of termination. had the member received compensation withoutin accordance with the provisions of said interruption throughout the period under con-Section A8.595-2, and nothing shall deprive A8.596 MEMBERS OF THE FIRE sideration and at the rates of remunerationsaid member of said right. DEPARTMENT ON JANUARY 1, 2003 WHO attached at that time to the ranks or positions ARE MEMBERS OF THE RETIREMENT held by him or her during such period, it beingA8.595-13 LIMITATION IN EMPLOYMENT SYSTEM UNDER CHARTER SECTION assumed that during any absence, he or sheDURING RETIREMENT A8.585 was in the rank or position held by him or her Except as otherwise provided in Section A Members of the fire department on January 1, at the beginning of the absence, and that prior8.511 of this charter, no person retired as a 2003 who are members of the retirement system to becoming a member of the fire department,member under Section A 8.595 for service or under Section A8.585 may elect to be members he or she was in the rank or position first helddisability and entitled to receive a retirement of the retirement system under Section A8.596 by him or her in such department.allowance under the retirement system shall instead of Section A8.585. Any such election "Benefit" shall include "allowance," "retire-serve in any elective or appointive position in must be exercised in writing, on a form fur- ment allowance," "death allowance" andthe City and County service, including mem- nished by the retirement system, and filed at the "death benefit."bership on boards and commissions, nor shall office of said system not later than the close of "Final compensation" shall mean the month-such person receive any payment for service business on December 31, 2002. ly compensation earnable by a member at therendered to the City and County after retire- Those persons who elect to be members time of his or her retirement, or death beforement, provided that service as an election offi- under Section A8.596 as provided in the pre- retirement, as the case may be, at the rate ofcer or juror, or in the preparation for, or the ceding paragraph, shall be members of the sys- remuneration attached at that time to the rankgiving of, testimony as an expert witness for or tem subject to provisions of Section A8.596 or position which said member held, providedon behalf of the City and County of San through Section A8.596-14 (which shall apply that said member has held said rank or positionFrancisco before any court or legislative body only to members under Section A8.596) in for at least one year immediately prior to saidshall not be affected by this section. addition to the provisions contained in Sections retirement or death; and provided, further, that 12.100 to 12.103 and Sections A8.500, A8.510 if said member has not held said rank or posi-A8.595-14 VESTING and A8.520 of this charter, notwithstanding the tion for at least one year immediately prior to Notwithstanding any provisions of this char- provisions of any other section of this charter, said retirement or death, "final compensation,"ter to the contrary, should any member of the and shall not be subject to any of the provisions as to such member, shall mean the monthlypolice department who is a member of the of Section A8.585 of this charter. compensation earnable by such member in theRetirement System under Charter Section The provisions of section A8.596 shall not rank or position next lower to the rank or posi-A8.595 with five years of credited service, apply to any member of the retirement system tion which he or she held at the time of retire-cease to be so employed, through any cause under section A8.585 who separated from serv- ment or death at the rate of remunerationother than death or retirement, he or she shall ice, retired or died before January 1, 2003, or attached at the time of said retirement or deathhave the right to elect, without right of revoca- to his or her continuant; provided, however, to said next lower rank or position; provided,tion and within 90 days after termination of that the provisions of section A8.596-2 shall however, that in the case of a members deathsaid service, to allow his or her accumulated apply to the adjustment required in Sections before retirement as the result of a violent trau-contributions including interest to remain in the A8.585-3, A8-585-4 and A8.585-5 for a retired matic injury received in the performance of hisretirement fund and to receive a retirement member or his or her surviving spouse or con- or her duty, "final compensation," as to suchallowance equal to the percent set forth in tinuant when the retired member would not member shall mean the monthly compensationSection A8.595-2 opposite his or her age at have completed at least twenty-five (25) years earnable by such member at the rate of remu-retirement, for each year of service multiplied of service in the aggregate and attained the age neration attached on the date he or she receivesagainst the final compensation of said member, of fifty (50) years until after January 1, 2003. such injury to the rank or position held by suchcalculated at termination, payable beginning member on that date.no earlier than age 50. The provisions of A8.596-1 DEFINITIONSSection A8.595-14 shall not apply to any mem- The following words and phrases as used inbers of the retirement system under Section this section A8.596 and Sections A8.596-2A8.559 who terminated before January 1, 2003 through A8.596-14, unless a different meaning (Continued on next page)P-100
  13. 13. LEGAL TEXT OF PROPOSITION H (CONTINUED) For the purpose of Sections A8.596 through 53.25 2.790 without interruption in the rank held by theA8.596-14, the terms "member of the fire 53.5 2.820 member at retirement, and after said date thedepartment," "member of the department," or 53.75 2.850 allowance payable shall be equal to the retire-"member" shall mean any officer or employee 54 2.880 ment allowance said member would haveof the fire department, who was a member of 54.25 2.910 received if retired for service on said datethe fire department on January 1, 2003 and a 54.5 2.940 based on the final compensation, as defined inmember of the retirement system under Section 54.75 2.970 Section A8.596-1, he or she would haveA8.585 and who elected to be a member of 55+ 3.000 received immediately prior to said date, had heSection A8.596 as provided in Section A8.596. or she lived and rendered service as assumed, Any fire service performed by such members In no event, however, shall such a retirement but such allowance shall not be less than 55of the fire department outside the limits of the allowance exceed ninety (90) percent of a mem- percent of such final compensation.City and County and under orders of a superi- bers final compensation. If, at the time of retirement because of dis-or officer of any such member, shall be consid- If, at the date of retirement for service, or ability, he or she is qualified as to age and serv-ered as City and County service, and any dis- retirement for disability resulting from an ice for retirement under Section A8.596-2, heability or death incurred therein shall be injury received in the performance of duty, said or she shall receive an allowance equal to thecovered under the provisions of the retirement member has no spouse, children or dependent retirement allowance which he or she wouldsystem. parents, who would qualify for the continuance receive if retired under Section A8.596-2, but "Retirement system" or "system" shall mean of the allowance after the death of said mem- not less than 55 percent of said final compen-San Francisco City and County Employees ber, or with respect to the portion of the sation. Any member of the fire department whoRetirement System as created in Section A8.500 allowance which would not be continued becomes incapacitated for performance of hisof the charter. regardless of dependents, or upon retirement or her duty, by reason of a cause not included "Retirement board" shall mean "retirement for disability resulting from other causes, with under the provisions of the immediately preced-board" as created in Section 12.100 of the respect to all of the allowance and regardless of ing sentences, and who shall have completed atcharter. dependents at retirement, a member retired least 10 years of service in the aggregate, com- "Charter" shall mean the charter of the City under this section, or Section A8.596-3, may puted as provided in Section A8.596-10, shalland County of San Francisco. elect before the first payment of the retirement be retired upon an allowance of one and one- Words used in the masculine gender shall allowance is made, to receive the actuarial half percent of the final compensation of saidinclude the feminine and neuter gender, words equivalent of his or her allowance or the por- member as defined in Section A8.596-1 forused in the feminine gender shall include the tion which would not be continued regardless each year of service, provided that saidmasculine and neuter gender, and singular of dependents, as the case may be, partly in a allowance shall not be less than 33-1/3 percentnumbers shall include the plural and the plural lesser allowance to be received by him or her of said final compensation; provided, however,the singular. throughout his or her life, and partly in other that if such member has completed at least 25 "Interest" shall mean interest at the rate benefits payable after his or her death to anoth- years of service in the aggregate, computed asadopted by the retirement board. er person or persons, provided that such elec- provided in Section A8.596-10, but has not yet tion shall be subject to all the conditions pre- attained the age of 50 years, he or she shallA8.596-2 SERVICE RETIREMENT scribed by the board of supervisors to govern receive an allowance equal to the retirement Any member of the fire department who com- similar election by other members of the retire- allowance he or she would have received if hepletes at least twenty-five (25) years of service ment system, including the character and or she had attained the age of 50 years andin the aggregate and attains the age of fifty (50) amount of such other benefits. retired under Section A8.596-2 as of the date ofyears, said service to be computed under retirement for such incapacity. The question ofSection A8.596-10, may retire for service at his A8.596-3 RETIREMENT FOR INCAPACITY retiring a member under this section may beor her option. A member retired after meeting Any member of the fire department who brought before the retirement board on saidthe service and age requirements in the preced- becomes incapacitated for the performance of boards own motion, by recommendation of theing sentence, shall receive a retirement his or her duty by reason of any bodily injury fire commission, or by said member or his orallowance equal to the percent of the final com- received in, or illness caused by the perform- her guardian. If his or her disability shallpensation of said member, as defined in Section ance of his or her duty, shall be retired. If he or cease, his or her retirement allowance shallA8.596-1, set forth below opposite his or her she is not qualified for service retirement, he or cease, and he or she shall be restored to theage at retirement, taken to the preceding quar- she shall receive a retirement allowance in an service in the rank he or she occupied at theter year, for each year of service, as computed amount which shall be equal to the same per- time of his or her retirement.under Section A8.596-10: centage of the final compensation of said mem- ber, as defined in Section A8.596-1, as his or A8.596-4 DEATH ALLOWANCE Percent for Each Year her percentage of disability is determined to be. If a member of the fire department shall die Retirement Age of Credited Service The percentage of disability shall be as deter- before or after retirement by reason of an injury mined by the Workers Compensation Appeals received in, or illness caused by the perform- 50 2.400 Board of the State of California upon referral ance of his or her duty, a death allowance, in 50.25 2.430 from the retirement board for that purpose; lieu of any allowance payable under any other 50.5 2.460 provided that the retirement board may, by five section of the charter or by ordinance, on 50.75 2.490 affirmative votes, adjust the percentage of dis- account of death resulting from injury received 51 2.520 ability as determined by said appeals board; in or illness caused by the performance of duty, 51.25 2.550 and provided, further, that such retirement shall be paid, beginning on the date next fol- 51.5 2.580 allowance shall be in an amount not less than lowing the date of death, to his or her surviving 51.75 2.610 50 percent nor more than 90 percent of the final spouse throughout his or her life or until his or 52 2.640 compensation of said member, as defined in her remarriage. If the member, at the time of 52.25 2.670 Section A8.596-1. Said allowance shall be paid 52.5 2.700 to said member until the date upon which said 52.75 2.730 member would have qualified for service retire- 53 2.760 ment had he or she lived and rendered service (Continued on next page) P-101

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