CHAPTER XIII Police and Fire Department Pensions

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1 Charter of the City of Port Huron 35 CHAPTER XIII Police and Fire Department Pensions Name and Establishment Section 106. The City of Port Huron Policemen and Firemen Retirement System is hereby created and established to provide for the retirement of policemen and firemen, in the employ of the City of Port Huron, who become superannuated on account of age or disability; to provide pensions for retired policemen and firemen; to provide pensions for certain dependents of policemen and firemen whose deaths occur under certain conditions; to provide for contributions to the retirement system to be made by the city and the policemen and firemen; to provide for the administration of the retirement system; and to provide for refunds of members' contributions under certain conditions. Definitions Section 107. The following words and phrases as used in this Chapter unless different meaning is clearly required by the context, shall have the following meanings: (a) (b) (c) (d) (e) (f) (g) (h) (i) "City" means the City of Port Huron, Michigan. "Retirement System" or "system" means the City of Port Huron Policemen and Firemen Retirement System created and established under this Chapter. "Retirement Board" or "Board" means the Retirement Board created in this Chapter. "Member" means any person included in the membership of the retirement system. "New member" means any member whose credited service does not include service rendered prior to July 1, "Original member" means any member whose credited service includes service rendered prior to July 1, "Covered member" means any member who is covered by the federal social security old-age, disability and survivors' insurance program on account of his city employment. "Non-covered member" means any member who is not covered by the federal social security old-age, disability and survivor's insurance program on account of his City employment. "Service" means service rendered to the City by a person employed by the City as a policeman or fireman.

2 36 Charter of the City of Port Huron (j) (k) (l) (m) "Credited service" means the total service credited a member by the Board, to the extent provided in this Chapter, and standing to the member's credit. "Regular interest" means such rate or rates of interest per annum, compounded annually, as the Board shall from time to time adopt. "Accumulated contributions" means the sum of all amounts deducted from the compensations of a member and credited to his individual account in the pension savings fund, together with regular interest thereon. "Salary" means the total annual compensation from which a pension contribution is deducted (annual rate of pay, cost of living, longevity pay and overtime pay), exclusive of all other pay or allowances. [Amendment adopted by electors November 5, 1974.] (n) "Final average salary" means the average of the highest annual salaries paid a member for any period of five (5) consecutive years of credited service contained within his ten (10) years of credited service immediately preceding his retirement. In the event a member has less than five (5) years of credited service, his final average salary shall be the average of his annual salaries received for his total years of credited service. [NOTE: Memo of Understanding, , between City & Local 354 of Port Huron Fire Fighters Association, effective ; Memo of Understanding, , between City & F.O.P. (Patrolmen etal), effective ; Memo of Understanding, , between City & F.O.P. (Sergeants & Lieutenants), effective states: (n) "Final average salary" means the average of the highest annual salaries paid a member for any period of three (3) consecutive years of credited service contained within his five (5) years of credited service immediately preceding his retirement. In the event a member has less than three (3) years of credited service, his final average salary shall be the average of his annual salaries received for his total years of credited service.] (o) (p) (q) (r) (s) "Final Salary" means a member's annual rate of salary at the time he last terminates his employment with the City as a policeman or fireman. "Pension" means an annual amount payable, from funds of the retirement system, in equal monthly installments for the life of a person as provided in this Chapter. "Pension reserve" means the present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of such mortality and other tables of experience, and regular interest, as the Board shall from time to time adopt. "Retirant" means any member who retires with a pension payable from funds of the retirement system. "Beneficiary" means any person, except a retirant, who is in receipt of a pension or other benefit payable from funds of the retirement system.

3 Charter of the City of Port Huron 37 (t) (u) (v) (w) (x) "Retirement" means a member's withdrawal from the employ of the City with a pension granted under the provisions of this Chapter. "Policeman or Fireman" or "policemen and firemen" means in the case of a policeman, any employee of the police department of the City holding the rank of patrolman, including probationary patrolman, or higher rank; and in the case of a fireman any employee of the fire department of the City holding the rank of firefighter or pipeman, including probationary firefighter or pipeman, or higher rank. The terms "policeman or fireman" and "policemen and firemen" shall not include: (1) any person who is privately employed as a policeman or fireman, (2) any person who is temporarily employed as a policeman or fireman for an emergency, nor (3) any civilian employee in either the police department or the fire department of the City. "Former plan" means the Retirement Fund established for policemen and firemen under Chapter 5A of the City Charter in effect June 30, "Social Security date" means the date the agreement between the authorized agency of the State of Michigan and the Secretary of Health, Education and Welfare of the United States is modified to cover the members of the retirement system under the federal social security old-age, survivors' and disability insurance program. The masculine gender shall include the feminine gender, and words of the plural number with respects to persons shall include the singular number, and vice-versa. Retirement Board Section 108a. There is hereby created a Retirement Board in whom is vested the authority and responsibility for the general administration, management and proper operation of the retirement system, and of construing and making effective the provisions of this chapter. Section 108b. The membership of the Retirement Board shall consist of eight (8) persons as follows: (1) The City Manager, (2) The City Treasurer, (3) The City Finance Director, (4) A citizen, who is a resident and taxpayer of the City, and who is not eligible to participate in the retirement system either as a member, retirant or beneficiary, to be appointed by the Mayor, by and with the consent of the City Council, (5) Two policemen members of the retirement system to be elected by the policemen members, (6) Two firemen members of the retirement system to be elected by the firemen members. [Amendment adopted by electors November 5, 1974.]

4 38 Charter of the City of Port Huron Section 108c. The first election for policemen and firemen and board members, provided for in Section 108b (5) and (6) shall be held prior to the effective date of the retirement system and shall be conducted under such rules and regulations as the Retirement Board of the former plan shall adopt. After the first such election, subsequent elections shall be held under such rules and regulations as the Board provided for in this Chapter shall from time to time adopt to govern such elections. [Correction due to Section 108b amendment.] Section 108d. At the first election, provided for in Section 108c hereof, the policeman board member receiving the highest number of votes shall serve to July 1, 1963; the policeman board member receiving the second highest number of votes shall serve to July 1, 1961; the fireman board member receiving the highest number of votes shall serve to July 1, 1962; the fireman board member receiving the second highest number of votes shall serve to July 1, 1960; and the appointed citizen board member shall serve to July 1, After the first election, the regular term of office of a board member provided for in Section 108b (4) (5) and (6) shall be four (4) years. [Correction due to section 108b amendment.] Section 108e. If a vacancy occurs in the office of board member, the vacancy shall be filled, within sixty (60) days after the date of vacancy, for the unexpired term, in the same manner as the office was previously filled. Section 108f. Each board member shall, within ten (10) days after his appointment or election, as the case may be, take an oath of office before the City Clerk. The board members shall serve without compensation for their services as such. Section 108g. Each attending board member shall be entitled to one vote on each question in the meetings of the Board. Five (5) board members shall constitute a quorum, and at least five (5) concurring votes shall be necessary for a decision by the Board at any of its meetings. The Board shall hold meetings regularly, at least one (1) in each quarter year, and shall designate the time and place thereof. The Board shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings of the Board shall be public. [Amendment adopted by electors November 5, 1974] Section 108h. The Board shall adopt such mortality, service, retirement, and other tables of experience, and a rate or rates of regular interest, as are necessary in the operation of the retirement system on an actuarial basis. Retirement System Officers Section 109a. The Board shall elect from its number a Chairman and a Vice-Chairman. Section 109b. The Director of Finance shall be Secretary of the retirement system and shall serve as its administrative officer.

5 Charter of the City of Port Huron 39 Section 109c. The City Treasurer shall be Treasurer of the retirement system and he shall be custodian of its funds. Section 109d. The City Attorney shall be legal advisor to the Board. Section 109e. The Board shall designate an actuary who shall be the technical advisor to the Board on matters regarding the operation of the retirement system on an actuarial basis. The actuary shall perform such duties as are required in connection therewith. Section 109f. The Board shall designate as Medical Director a physician who is not eligible to membership in the retirement system. The Medical Director shall arrange for and pass upon all medical examinations required under the provisions of this Chapter; he shall investigate all essential statements and certificates in connection with applications for disability retirements; and he shall report to the Board his conclusions on medical matters referred to him. Section 109g. The Board shall employ such medical, actuarial and other services as are required in the proper operation of the retirement system. The compensation for such services shall be approved by the City Council. Records -- Annual Reports Section 110a. The Secretary shall keep, or cause to be kept, such data as shall be necessary for an actuarial valuation of the several funds of the retirement system. Section 110b. The fiscal year of the retirement system shall coincide with the City's fiscal year. Within three (3) months following the close of each fiscal year, the Board shall render a report to the Mayor and City Council showing the fiscal transactions of the retirement system for the preceding fiscal year, and the last balance sheet showing the financial condition of the retirement system by means of an actuarial valuation of its assets and liabilities. Membership of Retirement System Section 111a. The membership of the retirement system shall consist of the following persons: (1) All policemen and firemen who are in the employ of the City June 30, 1959 and who continue in the employ of the City on or after July 1, 1969, shall become members of the retirement system; and (2) All persons who enter the employ of the City as policemen or firemen on or after July 1, 1959, shall thereupon become members of the retirement system. Section 111b. In any case of doubt as to who is a member, within the meaning of the provisions of this Chapter, the Board shall decide the issue.

6 40 Charter of the City of Port Huron Section 111c. Except as otherwise provided in this Chapter, should any member leave the employ of the City, for any reason except to become a retirant or his death, he shall thereupon cease to be a member and his credited service at that time shall be forfeited by him. In the event the said person is re-employed by the City as a policeman or fireman he shall again become a member. Should his said re-employment occur within a period of three (3) years from and after the date he last separated from City employment, his credited service last forfeited by him shall be restored to his credit; Provided, he returns to the pension savings fund all amounts he may have previously withdrawn and not returned thereto, together with regular interest thereon from the date of withdrawal to the date of repayment. Upon a member's retirement or death he shall thereupon cease to be a member. Credited Service Section 112a. The Board shall fix and determine by appropriate rules and regulations the service to be credited each member; Provided, that in no case shall less than ten (10) days of service rendered in any calendar month be credited as a month of service, nor shall less than ten (10) months of service rendered in any calendar year be credited as a year of service, nor shall more than one (1) year of service be credited any member for all service rendered in any calendar year. Section 112b. Should any policeman or fireman who while employed by the City, enter or enters any armed services of the United States Government during time of war, or other national emergency recognized by the City Council, and should such individual be re-employed by the City as a policeman or fireman within one (1) year from and after the date his required armed service is terminated, such service shall be credited to him in the same manner as if he had served the City uninterruptedly; Provided that he returns to the pension savings fund all amounts he may have previously withdrawn therefrom and not returned thereto, together with regular interest thereon from the date of withdrawal to the date of repayment. In any case of doubt, the Board shall have final power to decide the amount of such service to be credited a member. If the member does not withdraw his accumulated contributions, his balance in the pension savings fund shall be accumulated at regular interest. Section 112c. According to such rules and regulations as the Board shall adopt, consistent with the provisions of this Chapter, each member shall be credited with the service to which he may be entitled. Service Retirement Section 113a. Any member who has attained or attains age 55 years may retire upon his written application filed with the Board setting forth at what time, not less than thirty (30) days, nor more than ninety (90) days, subsequent to execution and filing thereof, he desires to be retired. Upon his retirement a non-covered member shall receive a pension provided for in Section 114a and a covered member shall receive a pension provided for in Section 114b. [NOTE: P.O.A.M. Agreement effective / provides: Effective January 1, 1988 bargaining unit members shall be permitted the option of selecting a normal age and service retirement of either: A) Age and service as effective on July 1, 1986 as provided by the City of Port Huron Police and Fireman's Retirement System for normal, unreduced retirement, - or - B) Age 50 with 25 years of service for normal, unreduced retirement.]

7 Charter of the City of Port Huron 41 Section 113b. Any member who has attained or attains age 60 years shall be separated from City employment on the first day of the calendar month next following the month in which he attains age 60 years; Provided, that upon the written application of the said member, approved by the City Manager, the member may continue in service for periods not to extend beyond his attainment of age 65 years; provided further, that no such continuance in City employment shall be granted a member unless he undergoes a medical examination to be made by or under the direction of the Medical Director and the Medical Director reports to the City Manager that the member is physically able and capable of performing the duties normally required by his position. Upon his separation from City employment as provided in this section, a member shall be retired and he shall receive a pension provided for in Section 114a if he is a non-covered member, or as provided for in Section 114b if he is a covered member. [Amendment adopted by electors November 5, 1974.] Section 113c. Any original member who has 25 or more years of credited service may retire prior to his attainment of age 55 years upon his written application filed with the Board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired. Upon his retirement he shall receive a pension provided for in Section 114c. Section 113d. The City Manager shall have the right, in his sole discretion, to employ or contract for the employment of any retirant on a seasonal and/or part-time basis, notwithstanding anything in this Charter to the contrary. Provided however, any such employment shall not disqualify the hired retirant from receiving any pension benefits to which such retirant would otherwise be entitled. [Added - Adopted by electors November 5, 1974.] Service and Retirement Pension Section 114a. Upon his retirement on or after his attainment of age 55 years, a non-covered member shall receive a straight life pension equal to the sum of two per cent (2%) of his final average salary multiplied by the number of years and fraction of a year, of his credited service not in excess of twenty-five (25) years, plus one and one-half per cent (1 ½%) of his final average salary multiplied by the number of years, and fraction of a year, of his credited service in excess of twenty-five (25) years and he shall have the right to elect an option provided for in Section 116a; Provided that in no case shall his straight life pension exceed sixty-five per cent (65%) of the annual salary payable for the rank held at time of retirement. [Amendment adopted by electors November 5, 1974.] Section 114b. Upon his retirement on or after his attainment of age 55 years, a covered member shall receive a straight life pension as hereinafter provided for in section 116a; (1) The straight life pension payable to age 65 years to a covered member who retires prior to this attainment of age 65 years shall be equal to the sum of two per cent (2%) of his final average salary multiplied by the number of years, and fraction of a year, of his credited service not in excess of twenty-five (25) years, plus one and one-half per cent (1 ½%) of his final average salary multiplied by the number of years, and fraction of a year, of his credited service in excess of twenty-five (25) years. [Amendment adopted by electors on November 5, 1974.]

8 42 Charter of the City of Port Huron (2) The straight life pension payable from and after age 65 years to a covered member who retires after his attainment of age 65 years or who retired prior to his attainment of age 65 years shall be equal to the number of years, and fraction of a year, of his credited service multiplied by the sum of 1.0 per cent of the first $4,800 of his final average salary plus 1.5 per cent of the portion, if any, of his final average salary in excess of $4,800. (3) In the event a covered member, who is in City employment at the social security date, retires prior to the date he acquires social security fully insured status, his straight life pension shall be computed according to Section 114a, notwithstanding that he is a covered member. Section 114c. Upon his retirement, as provided in Section 113c, an original member who retires prior to his attainment of age 55 years shall receive a straight life pension computed according to Section 114a if he is a non-covered member, or computed according to Section 114b, if he is a covered member; Provided, that in no case shall his straight life pension exceed $1,200 per annum. Section 114d. In the event a retirant dies before he has received in payment of his straight life pension an aggregate amount equal to his accumulated contribution standing to his credit in the pension savings fund at the time of his retirement, the difference between his said accumulated contributions and the said aggregate amount of straight pension payments received by him shall be paid to such person or persons as he shall have nominated by written designation duly executed and filed with the Board. If there be no such designated person or persons surviving the said retirant, such difference, if any, shall be paid to his legal representative. No benefits shall be paid under this Section 114d on account of the death of a retirant if he elected either Option A or B provided for in Section 116a. Deferred Retirement Pension Section 115a. Should any member who either (1) has 25 or more years of credited service or (2) has attained age 50 years, separate from the employ of the City, in either case prior to his attainment of age 55 years, for any reason except his retirement or death, he shall be entitled to receive a pension provided for in Section 114a if he is a non-covered member or provided for in Section 114b if he is a covered member; Provided, that he does not withdraw his accumulated contributions from the pension savings fund. His said pension shall begin the first day of the calendar month next following the month in which his application for same is filed with the Board on or after his attainment of age 55 years. [Section number amended November 5, 1974.] Section 115b. Should a separated non-covered or covered member who has made application for deferred pension benefits die prior to his attainment of age 55 years, pension benefits as provided in Section 116a, Option A, shall be paid to such person having an insurable interest in his life as he shall designate in writing, effective thirty (30) days after the date such separated and deceased non-covered or covered member would have attained age 55 years had he not died. [Added - Adopted by electors November 5, 1974.]

9 Charter of the City of Port Huron 43 Retirement Pension Options (POLICE & PRIOR TO JUNE 30, 1986 FOR FIRE) Section 116a. Prior to the effective date of his retirement, a member may elect to receive his pension as straight life pension payable throughout his life, or he may nominate a survivor beneficiary, in accordance with the provisions of Option A or B, as hereinafter set forth, or he may elect to receive the actuarial equivalent of his straight life pension for a reduced pension payable throughout the joint life of the member and his beneficiary. Should this beneficiary predecease the retirant, the retirant's pension shall be recomputed to a straight life pension as herein provided for. OPTION A - JOINT AND SURVIVORSHIP PENSION Upon the death of the retirant, his reduced pension shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Board prior to the effective date of his retirement; or OPTION B - MODIFIED JOINT SURVIVORSHIP PENSION Upon the death of the retirant, one-half of his reduced pension shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Board prior to the effective date of his retirement. In no case shall a pension be paid to a survivor beneficiary under Option A or B provided for in the foregoing paragraphs of this section upon the death of a retirant, if any benefits are paid under Section 119 on account of his death. [Amendment adopted by electors November 5, 1974.] Section 116b. Any member who continues in the employ of the City on or after the date he either (1) acquires ten (10) years of credited service, or (2) attains age 55 years, whichever occurs first, may, at any time prior to the effective date of his retirement, by written declaration duly executed and filed with the Board in the manner and form prescribed by the Board, elect Option A provided for in Section 116a and nominate a survivor beneficiary whom the Board finds to be dependent upon said member for at least fifty per cent (50%) of his support. If any member, who has an Option A election provided for in this Section 116b in force, dies while in the employ of the City, prior to the effective date of his retirement, the said survivor beneficiary shall immediately receive the same pension as the said survivor beneficiary would have been entitled to receive under the said Option A if the said member had retired the day preceding the date of his death, notwithstanding that he may not have attained age 55 years. If any member who has an Option A election in force as provided in this Section 116b, subsequently retires pursuant to the provisions of this Chapter, he shall, within ninety (90) days preceding the effective date of his retirement but not thereafter, have the right to make any election of option provided for in Section 116a. No pension shall be paid under this Section 116b on account of the death of a member if any benefits are paid under Section 119 on account of his death.

10 44 Charter of the City of Port Huron Section 16c. Any member who continues in the employ of the City on or after the date he either (1) acquires ten (10) years of credited service or (2) attains age 55 years, which occurs first, and in either case does not have an Option A election provided for in Section 116b in force, and (1) dies while in the employ of the City prior to the effective date of his retirement, and (2) leaves a widow, his said widow shall receive a pension computed in the same manner in all respects as if he the said member had (1) retired effective the day preceding the date of his death, notwithstanding that he may not have attained age 55 years, (2) elected Option A provided for in Section 116a, and (3) nominated his said widow as his survivor beneficiary. Upon the marriage or death of the said survivor beneficiary her pension shall terminate; provided, that if the aggregate amount of pension payments received by the said survivor beneficiary is less than the accumulated contributions standing to the said member's credit in the pension savings fund at the time of his death, the difference between his said accumulated contributions and the said aggregate amount of pension payments received by the said survivor beneficiary shall be transferred from the pension reserve fund to the pension savings fund and shall be paid as provided in Section 122a. No pension shall be paid under this Section 116c on account of the death of a member if any benefits are paid under Section 119d on account of his death. [NOTE: The following section (116d) was added in accordance with Addendum to Fire Agreement, dated June 11, 1986:} FIREMEN MEMBERS WHO RETIRE ON OR AFTER JUNE 30, Section 116d. Prior to the effective date of his retirement, a member may elect to receive his pension as a life benefit with automatic fifty per cent (50%) spouse coverage, or he may nominate a beneficiary having an insurable interest in his life in accordance with the provisions of Option A described below: AUTOMATIC FORM OF PAYMENT -- JOINT AND 50% SPOUSE PENSION The pension shall be payable during the retired member's life. Upon the death of the retirant, his surviving spouse shall receive a pension equal to fifty per cent (50%) of the pension the deceased retirant was receiving. This pension shall be paid during the remainder, if any, of the spouse's life. OPTION A -- JOINT AND 100% SURVIVOR PENSION The standard pension shall be actuarially reduced to reflect the cost of the survivor benefits. If the named beneficiary is the member's spouse, the standard pension shall be actuarially reduced for the difference between the survivor benefits provided under this Option A and the survivor benefits provided under the automatic form of payment. Such reduced pension shall be payable during the retired member's life. Upon the death of the retirant, his named beneficiary shall receive a pension in the same amount as the deceased retirant was receiving. This pension shall be paid during the remainder, if any, of the named beneficiary's life. A beneficiary must be nominated by written designation duly executed and filed with the Board prior to the effective date of retirement. Should the beneficiary die before the retirant, the retirant's pension shall revert to the unreduced amount beginning with the first monthly payment due after the beneficiary's death.

11 Charter of the City of Port Huron 45 As used in this section, "spouse" means the person to whom the retirant was lawfully married throughout the year prior to the effective date of his retirement and throughout the year prior to his death and who is nominated by written designation duly executed and filed with the Board prior to the effective date of retirement. In no case shall a pension be paid to a beneficiary under the automatic form or Option A, if any benefits are paid under Section 119 on account of the member's death.] * * * * * [NOTE: The following provision was provided for under the Agreement between the City and P.O.A.M. dated July 1, 1983 to June 30, 1986, amended pursuant to the reopener for the period July 1, 1985 to June 30, 1986 and Act 312 arbitration award MERC Case No. D85 G-1873.] ANNUITY WITHDRAWAL Effective September 2, 1986, an employee who (has not retired and) is eligible to receive pension benefits may withdraw his/her contribution to the pension system including interest attributable to such contributions, provided that in such event, the amount of his/her pension benefit shall be based only on the City contributions, and therefore, the pension benefit provided for such employee shall be proportionately reduced by actuarial calculation to reflect withdrawal of the employee's contribution and interest. The amount of the reduction will be determined based upon the mortality assumption adopted by the Retirement Board and the interest assumption published by the Pension Benefit Guaranty Corporation (for immediate annuities to be used for single employer plan termination calculations) and effective for PBGC purposes for the month of retirement.] Disability Retirement Section 117a. Upon the application of a member, or his department head, a member who (1) is in the employ of the City, (2) has ten [10] or more years of credited service, and (3) becomes totally and permanently incapacitated for duty in the employ of the City, by reason of a personal injury or disease, may be retired by the Board; Provided, that after a medical examination of the said member made by or under the direction of the Medical Director, the Medical Director reports to the Board, (1) that said member is physically or mentally totally and permanently incapacitated for duty in the employ of the City, (2) that such incapacity will probably be permanent, and (3) that the said member should be retired. Section 117b. A member with less than ten (10) years of credited service shall have the ten (10) years service requirement provided for in Section 117a waived; Provided, that (1) the Board finds he is totally and permanently incapacitated for duty in the employ of the City as the natural and proximate result of a personal injury or disease arising out of and in the course of his actual performance of duty in the employ of the City, and (2) he is in receipt of workmen's compensation on account of his said physical or mental incapacity.

12 46 Charter of the City of Port Huron Disability Retirement Pension Section 118a. Upon his retirement on account of disability as provided in Section 117a or 117b, a non-covered member shall receive a disability pension computed according to Section 114a, notwithstanding that he may not have attained age 55 years. In no case shall his disability pension be less than fifteen per cent (15%) of his final average salary. To age 65 years his disability pension shall be subject to Sections 120a and 120c. Upon his retirement he shall have the right to elect an option provided for in Section 116a. Section 118b. Upon his retirement on account of disability as provided in Section 117a or 117b, a covered member shall receive a disability pension computed according to Section 114b, notwithstanding that he may have attained age 55 years. In no case shall his disability pension payable to age 65 years be less than fifteen per cent (15%) of his final average salary. To age 55 years his disability pension shall be subject to Sections 120a and 120c. Upon his retirement he shall have the right to elect an option provided for in Section 116a. Section 118c. Upon the termination of the statutory period for payment of workmen's compensation, if payable, arising on account of his City employment, or at his attainment of age 60 years, whichever occurs first, a disability retirant shall be given service credit for the said statutory period and his disability pension shall be recomputed to include such service credit; Provided, that if the said retirant is under age 55 years at the said termination of the statutory period, he shall also be given service credit for the period from the said termination of the statutory period to the date he would attain age 55 years. Death in Line of Duty Section 119. In the event (1) a member dies as the result of a personal injury or disease solely and exclusively out of and in the course of his employment with the City, or (2) a disability retirant while in receipt of workmen's compensation on account of his City employment dies prior to his attainment of age 55 years as the result of the same injury or disease for which he was retired, and in either case (1) or (2) such death, injury or disease resulting in death, be found by the board to have been the result of his actual performance of duty in the employ of the City, the applicable benefits provided in paragraphs (a), (b), (c), (d) and (e) of this Section shall be paid subject to the condition that the beneficiaries eligible for pensions apply for and are in receipt of workmen's compensation on account of the death of the said member or retirant. (a) (b) (c) The accumulated contributions standing to the deceased member's credit in the pension savings fund shall be paid in accordance with the provisions of Section 122a. His widow shall receive a pension equal to her workmen's compensation converted to an annual basis. Said widow's pension shall begin upon termination of the statutory period for payment of her workmen's compensation and shall terminate upon her remarriage or death. His unmarried child or children under age 18 years shall each receive a pension equal to such child's workmen's compensation converted to an annual basis. Said child's pension shall begin upon termination of the statutory period for payment of workmen's compensation and shall terminate upon his adoption, marriage, attainment of age 18 years, or death, whichever occurs first. If a widow's pension is terminated, each such child's pension shall be increased by an equal share of said widow's pension.

13 Charter of the City of Port Huron 47 (d) (e) His parents shall each receive a pension equal to such parent's workmen's compensation converted to an annual basis. Said parent's pension shall begin upon termination of the statutory period for payment of the parent's workmen's compensation and shall terminate upon his remarriage or death. As used in this Section the term "widow" means the person to whom the said member or retirant, as the case may be, was married at the time his employment with the City last terminated. Conditions for Disability Retirants Section 120a. At least once each year during the first five (5) years following retirement of a member with a disability pension, and at least once in every three (3) year period thereafter, the Board may, and upon his application shall require any disability retirant who has not attained age 55 years to undergo a medical examination to be made by or under the direction of the Medical Director at the place of residence of said retirant or other place mutually agreed upon. Should said retirant refuse to submit to such medical examination in any such period, his disability pension may be discontinued by the Board until his withdrawal of such refusal, and should his refusal continue for one (1) year all his rights in and to his pension may be revoked by the Board. If upon such medical examination of a disability retirant, the Medical Director reports to the Board that the said retirant is physically able and capable of resuming employment with the City his disability pension shall terminate and he shall be returned to City employment with a compensation not less than the compensation of the rank held by him at the time of retirement; Provided the report of the Medical Director is concurred in by the Board. Section 120b. A disability retirant who has been or who shall be restored to active service in the employ of the City shall again become a member of the retirement system and he shall contribute to the retirement system thereafter in the same manner as prior to his retirement. His credited service in force at the time of his retirement, shall be restored to his credit. He shall be given service credit for the period he was receiving a disability pension provided for in this Chapter if within said period he was in receipt of workmen's compensation on account of total and permanent disability arising out of and in the course of his city employment; otherwise he shall not be given service credit for said period. Section 120c. If a disability retirant who has not attained age 55 years is or becomes engaged in a gainful occupation, business, or employment, and the sum of his earnings from such occupation, business, or employment, and his disability pension exceeds his final salary, then his disability pension shall be reduced to an amount which when added to the amount so earned by him shall equal his final salary. In the event his earnings are later changed, his disability pension shall be correspondingly adjusted.

14 48 Charter of the City of Port Huron Subrogation Section 121. If a person becomes entitled to a pension payable from funds of the retirement system as the result of an accident or injury caused by a third party, the City shall be subrogated to the rights of the said person against said third party to the extent of benefits which the retirement system pays or becomes liable to pay. Refund of Accumulated Contributions Section 122a. Should any member cease to be employed by the City and not be entitled to a pension payable from funds of the retirement system, he shall be paid his accumulated contributions standing to his credit in the pension savings fund upon his demand for same filed in writing with the Board. Section 122b. Except as otherwise provided in this Chapter, upon the death of a member or a retirant, his accumulated contributions standing to his credit in the pension savings fund at the time of his death shall be paid to such person or persons as he shall have nominated by written designation duly executed and filed with the Board. If there be no such designated person or persons surviving the said member or retirant his said accumulated contributions shall be paid to his legal representative. Section 122c. If any member dies intestate, without heirs, his accumulated contributions standing to his credit in the pension savings fund at the time of his death may be used to pay his burial expense, not to exceed a reasonable amount to be determined by the Board; Provided, he leave no other estate sufficient for such purpose. Section 122d. Refunds of accumulated contributions may be made in installments according to such rules and regulations as the Board may from time to time adopt. Pension Savings Fund Section 123a. The pension savings fund is hereby created. It shall be the fund in which shall be accumulated, at regular interest, the contributions deducted from the salaries of members; and from which shall be paid refunds of accumulated contributions as provided in this Chapter. Section 123b. To the social security date, a member's contributions to the retirement system shall be seven per cent (7%) of the salaries paid him the City. From and after the social security date, a non-covered member's contributions to the retirement system shall be seven per cent (7%) of the salaries paid him by the City; and a covered member's contributions to the retirement system shall be the sum of three per cent (3%) of the first $4,800 of his annual salaries and seven per cent (7%) of his annual salaries in excess of $4,800. [Amendment adopted by electors November 5, NOTE: For contribution rate for Police or Fire, refer to current bargaining unit agreements.]

15 Charter of the City of Port Huron 49 Section 123c. The officer or officers responsible for making up the payroll shall cause the applicable contribution to be deducted from the salary of each member on each and every payroll, for each and every payroll period, from the date of his entrance into the retirement system to the date of his retirement or prior separation from City employment. The said contributions shall be made notwithstanding that the minimum salary provided by law for any member is changed thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein, and payment of his salary less said deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such a person during the period covered by such payment, except as to benefits provided under this Chapter. When deducted, the said contributions provided for herein shall be paid to the retirement system and shall be credited to the individual pension savings fund account of the member from whose salaries said deductions were made. Section 123d. If a member leaves City employment and withdraws all or part of his accumulated contributions from the pension savings fund, and again becomes a member and is eligible to have the credited service forfeited by him restored to his credit, he shall deposit in the pension savings fund all amounts he may have previously withdrawn therefrom with regular interest thereon from the date of withdrawal to the date of repayment. Such repayment shall be made in a single sum or by an increased rate of contribution as the Board shall determine. In no case shall the said member be credited service rendered to the date of withdrawal of said accumulated contributions until he has paid into the pension savings fund all amounts due said fund by him. Section 123e. Upon the retirement of a member his accumulated contributions shall be transferred from the pension savings fund to the pension reserve fund. Except as otherwise provided in this Chapter, at the expiration of a period of three (3) years from and after the date a member ceases to be a member, any balance of accumulated contributions standing to his credit in the pension savings fund, unclaimed by the said member or his legal representative, shall be transferred to the pension reserve fund. Pension Reserve Fund Section 124a. The pension reserve fund is hereby created. It shall be the fund in which shall be accumulated reserves for pensions payable and to be payable from funds provided by the City, and from which shall be paid all pensions provided by the retirement system. Upon the basis of such mortality and other tables of experience, and regular interest, as the Board shall from time to time adopt, the actuary shall annually compute the pension reserves for (1) pensions being paid retirants and beneficiaries, and (2) pensions likely to be paid on account of service rendered and to be rendered by members. The said pension reserves shall be financed by annual contributions to be made by the City determined according to paragraphs (1), (2), and (3) below. The Board shall certify to the City Council the contributions so determined and the City Council shall annually appropriate and the City shall pay to the retirement system within the next ensuing fiscal year the contributions so certified. When paid the said contributions shall be credited to the pension reserve fund. (1) The appropriations for members' current service shall be a per cent of their annual salaries which will produce an amount which if paid annually by the City during their future service will be sufficient to provide the reserves at the time of their retirements, after allowing for their future contributions, for the portions of the pensions to be paid them based upon their future services; and

16 50 Charter of the City of Port Huron (2) The appropriation for members' accrued service shall be a per cent of their annual salaries which will produce an amount which if paid annually over a period of years, to be determined by the City Council, will amortize, at regular interest, the unfunded pension reserves for the accrued service portions of the pensions to which they might be entitled; and (3) The appropriations for pensions being paid retirants and beneficiaries shall be a per cent of the annual salaries of members which will produce an amount which if paid annually by the City over a period of years, to be determined by the City Council will amortize, at regular interest, the unfunded pension reserves for pensions being paid retirants and beneficiaries. Section 124b. The pensions allowed on account of policemen and firemen who retired or died before July 1, 1959, shall be payable in accordance with the provisions of Chapter 5A of the Charter of the City of Port Huron in effect June 30, 1959, and shall become obligations of and shall be payable from the pension reserve fund of the retirement system created by this Chapter. Expense Fund Section 125. The expense fund shall be the fund to which shall be credited moneys provided by the City to pay the administrative expenses of the retirement system, and from which shall be paid all expenses of administration of the retirement system. Investment of Funds Section 126a. The Board shall have the full power to invest and reinvest the funds of the retirement system subject to all terms and conditions imposed by the law of the State of Michigan upon life insurance companies in making and disposing of their investments except that notes, bonds, or obligations of any county, city, village or district in the State of Michigan shall not be subject to said restrictions or limitations. The Board shall have the power to purchase notes, bonds, or other obligations of the City of Port Huron at any legally conducted public or private sale. Section 126b. The Board shall have the full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities and investments in which any of the funds of the retirement system have been invested, as well as the proceeds of said investments, and any moneys belonging to the retirement system. Section 126c. There shall be kept on deposit available cash not to exceed ten per cent (10%) of the total assets of the retirement system. All funds of the retirement system shall be held for the sole purpose of meeting disbursements or pensions and other payments authorized by the provisions of this Charter and shall be used for no other purpose. The description of the funds of the retirement system shall be interpreted to refer to the accounting records of the retirement system and not to the segregation of moneys in the funds of the retirement system.

17 Charter of the City of Port Huron 51 Allowance of Regular Interest Section 127. All interest and other earnings on moneys and investments of the retirement system shall be credited to the pension reserve fund. The Board shall, at the end of each fiscal year, allow regular interest on the member's individual balance in the pension savings fund at the regular beginning of the fiscal year. The interest so credited to the pension savings fund shall be charged to the pension reserve fund. Method of Making Payments Section 128. All payments from the funds of the retirement system shall be made by the City Treasurer according to Charter provisions, only upon City vouchers signed by two persons designated by the Board. A duly attested copy of a resolution designating such persons and bearing upon its face specimen signatures of such persons shall be filed with the City Treasurer as his authority for making payments upon such vouchers. No voucher shall be drawn unless it shall have been previously authorized by resolution of the Board. Assignments Prohibited Section 129. The right of a person to a pension, to the return of his accumulated contributions, or to any other benefit, the pension itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this Chapter, and the moneys belonging to the retirement system shall be unassignable and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy law, or to any other process of law whatsoever, except as is specifically provided in this Chapter; Provided, that should a member be covered by a group insurance or prepayment plan participated in by the City, and should he be permitted to and elect to continue such coverage as a retirant, he may authorize the City to deduct from his pension the payments required for him to continue coverage under the said group insurance or prepayment plan; Provided further, that the City shall have the right of setoff for any claim arising from embezzlement by or fraud of a member. Errors, Correction of Section 130. Should any change or error in the records of the retirement system result in any person receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board shall correct such error, and as far as practicable shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the said person was correctly entitled shall be paid. Retroactive Social Security Taxes Section 131a. Members' employee social security taxes retroactive from the social security date to the extent permitted by law and authorized by the City Council shall be paid from the members' respective individual accounts in the pension savings fund.

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