Section 18-41 Reserved.
Prior to the adoption of Ord. 17521 on 11/18/2002, Section 18-41 read as follows.
For the purposes of this division, the following words and terms shall have
Accrued benefit. The monthly amount which would be payable to a covered
normal retirement date based upon highest average salary and years of service as of the date of
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 Veterans Reemployment Rights Act (38 U.S.C. 2021, 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.
Child or children. The natural or legally adopted child or children of
a covered employee, who
are unmarried and under the age of eighteen (18), shall be deemed a child or children for all
purposes under this division. Stepchildren who are unmarried, under the age of eighteen (18),
and in the care of the covered employee, shall be deemed a child or children under this division
for purposes of disability benefits. If there is no surviving spouse at the time of the covered
employee's death, a stepchild or stepchildren who are unmarried, under the age of eighteen (18),
and in the care of the covered employee, shall be deemed a child or children for purposes of
Code. The Internal Revenue Code of 1986, as amended.
Compensation. The total amount of salary, wages, and overtime pay currently
paid or payable
by the city to a covered employee for his service. Compensation shall include any amounts
contributed to a cafeteria plan under code section 125, any amounts
contributed to a deferred compensation plan under code section 457, and any amounts
contributed to this plan on behalf of a covered employee and picked up by the city under code
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
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
Duty-related disability or death. A disability or death which results
from a disease contracted
or an accidental injury sustained by a covered employee while in the actual discharge and
performance of the duties of his 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 his
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 his commission
within the limits of the City of Columbia at the time he sustained the disability.
Eligible spouse. The spouse of a covered employee to whom the employee
was married at the
date of the covered employee's death.
Highest average salary. The average of the thirty-six (36) months of
whether or not consecutive, in which such covered employee's salary was the highest, or, if he
has less than thirty-six (36) months of service, then the average salary over his entire period of
service. For the purposes of calculating the thirty-six (36) months of highest average salary, no
period shorter than one of twelve (12) months shall be used in that calculation.
In care of. Children shall be deemed in the care of a covered police
employee if they are
domiciled with and under the control and supervision of a covered police employee.
Nonduty-related disability or death. A disability or death other than
a duty-related disability or
Plan benefits. Plan benefits include disability retirement benefits
determined by Section 18-46, death benefits determined by Section 18-47 and benefits determined by subsections
(1) or (2)
below. The plan benefits of subsection (1) below apply to covered employees hired after
October 1, 1991 and covered employees employed on October 1, 1991 who elected the benefits
of subsection (1). The plan benefits of subsection (2) below apply to covered employees
employed on October 1, 1991 who elected the benefits of subsection (2).
(1) A covered employee retired due to age or service shall receive three (3)
per cent of highest
average salary per year of covered employment up to twenty (20) years. For each year of service
in covered employment over twenty (20), the covered employee shall receive an additional two
(2) per cent of highest average salary per year, up to a maximum of seventy (70) per cent for
twenty-five (25) years of service. This benefit shall continue for life. In the first month
plan year, the retirement benefit shall be increased by 0.6% (i.e. annual compound COLA).
(2) A covered employee covered under this option of the
plan shall receive, up to age sixty-two (62), a benefit as set out in subsection (1) above. In addition,
a covered employee retiring
prior to age sixty-two (62) according to the eligibility requirements of this plan shall receive an
increase in the first month of each plan year after retirement of two (2) per cent of the retirement
benefits per year up to age sixty-two (62). After age sixty-two (62), all employees retired under
this option shall receive
one and ninety-six hundredths (1.96) two and twenty hundredths
per cent of the highest average salary times the number of years of continuous service up to
twenty (20) years. For each year over twenty (20), one and forty-six hundredths (1.46) one
seventy hundredths (1.70) per cent of highest average salary is added. The maximum benefit is
forty-six and five tenths (46.5) fifty-two and five tenths (52.5) per cent of
highest average salary
with twenty-five (25) years of continuous service. The benefit calculated at age sixty-two (62) is
then increased by two
(2) per cent for each year from retirement to age sixty-one (61). The benefits calculated at age
sixty-two (62) shall be increased each future year of retirement by two (2) per cent. The benefit
calculated at age sixty-two (62) is then payable from age sixty-two (62) and increased in each
future year by two (2) per cent of the preceding year's benefit amount.
Plan year. The twelve-month period commencing on each October 1 and ending
following September 30.
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 his 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 his benefits
under the PRF as if such benefits are actually being received. Only and 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 PRB consideration of the
amount of such an entitlement. Determination of entitlement shall be fixed as of the date of
application for benefits from the funds hereunder created.
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.
Widowed spouse. A spouse who is legally married to a covered police employee
at the date of
Year(s) of service. A plan year in which a covered employee has at least
two hundred sixty
(260) days of service. A covered employee who has fewer than two hundred sixty (260) days of
service in a plan year which includes the date his employment or reemployment commenced
shall in each case receive a partial year of service equal to the number of his days of service in
such plan year divided by two hundred sixty (260).
(Code 1964, § 9.1780; Ord. of 12-20-82; Ord. No. 10953, § 1, 3-17-86; Ord. No. 11745, §
1, 1-4-88; Ord. No. 12868, § 1, 2-4-91; Ord. No. 13698, § 1, 6-7-93; Ord. No. 15072, §
1, 12-2-96; Ord.
No. 15276, § 1, 7-7-97; Ord. No. 15300, § 1, 7-21-97; Ord. No. 16406, § 1, 4-3-00; Ord.
17444, § 1, 9-16-02)
Cross reference(s)--Definitions and rules of construction generally,