Chapter 18 PENSIONS*


Section 18-35 Definitions and rules of construction.


     The following definitions and rules of construction apply to this division:

     Active service. The regular service of a covered police employee and sick leave and vacation accrued and actually taken as a result of that employment, as well as military leave which qualifies under the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.) as now enacted, or hereafter amended. It shall exclude periods spent by an otherwise active employee while on any inactive pay status such as lost time, leave of absence or other leave for military service. Such voluntary or involuntary absences of a covered police employee shall not be counted as time spent in active service and covered employment.

     Administrator.  The director of finance of the city.

     Child. The natural or legally adopted child of a covered police employee or retiree, who is unmarried and under the age of eighteen (18), shall be deemed a child for all purposes under this division. A stepchild who is unmarried, under the age of eighteen (18), and domiciled with and under the control and supervision of a covered police employee, shall be deemed a child under this division for purposes of disability benefits.  A stepchild who is unmarried, under the age of eighteen (18), and domiciled with and under the control and supervision of a covered police employee or retiree, shall be deemed a child for purposes of death benefits.

     Code. The Internal Revenue Code of 1986, as amended.

     Covered employment. The active service of a covered police employee and service covered by another plan established by this article.  

     Covered police employee. A person employed by the Columbia Police Department as a full-time, regular police officer. This term shall exclude clerical employees, watchmen, school traffic guards, turnkeys, volunteers and any other employee or associate, regardless of whether they are commissioned as a police officer, when they are not a salaried full-time, regular police officer of the city.  

     Duty-related disability or death. A disability or death which results from a disease contracted or an injury sustained by a covered employee while in the actual discharge and performance of the duties of the employee’s covered employment at some definite time and place. Duty-related disability or death shall include a disability or death which results from a disease contracted or an injury sustained by an off-duty covered employee acting under color of the employee’s commission. A disability or death resulting from a disease contracted or an injury sustained by an off-duty covered employee while in paid employment of another entity shall only be considered a duty-related disability or death if the covered employee was acting under color of the employee’s commission within the limits of the City of Columbia at the time the disability was sustained.

     Highest average salary. The average of the thirty-six (36) months of covered employment, whether or not consecutive, in which such covered police employee's salary was the highest, or, if the employee has less than thirty-six (36) months of service, then the average salary over the employee’s entire period of service. For the purposes of calculating the thirty-six (36) months of highest average, no period shorter than twelve (12) months shall be used. “Salary,” as used in this definition, includes only compensation included in computing the employee’s contributions to the police retirement fund .

     Nonduty-related disability or death. A disability or death other than a duty-related disability or death.  

     Pick up.  This term has the same meaning in this division as it has in code section 414(h).
                        
     Plan year. The twelve-month period commencing on each October 1 and ending on the following September 30.  
    
     Retiree.  A former covered police employee entitled to receive benefits from the police retirement fund.

     Social Security and Workers' Compensation entitlements. The amount of Social Security or Workers' Compensation benefits to which a claimant would be entitled as a result of the claimant’s covered employment, regardless of whether a claimant has actually made application for such benefits. Failure of a claimant to apply for such a benefit shall result in the calculation of the claimant’s benefits under the police retirement fund as if such benefits are actually being received. Only an adverse determination by the appropriate Social Security or Workers' Compensation authority shall be deemed a bar to such reductions and such a determination shall be conclusive upon the police retirement board consideration of the amount of such an entitlement. Determination of entitlement shall be fixed as of the date of application for benefits from the police retirement fund.

     Surviving spouse. The spouse of a covered police employee or retiree to whom the employee was married at the date of the covered police employee's  or retiree’s death.

     Trustee. The City of Columbia.  

     Trust fund. The assets held by the trustee at the time of the adoption of this division and such assets as thereafter increased or decreased by contribution, investment, reinvestment, expenses (including any taxes), and distributions.  

     Year(s) of service. A plan year in which a covered police employee has at least two hundred sixty (260) days of service. A covered police employee who has fewer than two hundred sixty (260) days of service in a plan year which includes the date the employee’s employment or reemployment commenced shall in each case receive a partial year of service equal to the number of  the employee’s days of service in such plan year divided by two hundred sixty (260).


(Ord. No. 018160, § 1, 7-6-04)


(Ord. 018160, Added, 07/06/2004)