Section 18-35 Definitions and rules of construction.
Prior to the adoption of Ord. 21455 on 09/17/2012, Section 18-35 read as follows.
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
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. This term shall exclude the chief of police.
Notwithstanding the foregoing, a person
hired by the Columbia Police Department on or after October 1, 2012 as a police officer, shall
participate in the police retirement fund in accordance with the terms and provisions set forth in
division 5 of article II of this chapter set forth herein.
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 employees 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 employees
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 employees
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
employees entire period of service. For the purposes of calculating the thirty-six (36) months
highest average, no period shorter than twelve (12) months shall be used. Salary, as used
this definition, includes only compensation included in computing the employees contributions
to the police retirement fund
Nonduty-related disability or death. A disability or death other than a duty-related disability
Pick up. This term has the same meaning in this division as it has in
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
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
claimants 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 claimants 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 retirees 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 employees employment or
reemployment commenced shall in each case receive a partial year of service equal to the number
of the employees days of service in such plan year divided by two hundred sixty (260).
(Ord. No. 18160, § 1, 7-6-04; Ord. No. 20234, § 1, 4-6-09)