§ 22-196. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accrued pension benefit means the pension earned from entry as a member in the retirement system to the date of termination as an active member.

Annuity starting date means the annuity starting date as defined in Section 417 of the Internal Revenue Code.

Board or Pension Board means the Pension Board provided for in this division to administer the retirement system.

Contributions means the sum deducted from the earnable compensation of a member or paid by a member and credited to the retirement fund.

Creditable service means prior service, plus past service, plus membership service for which credit is allowable under the provisions of this division.

Deferred retirement option plan or DROP means a retirement option in which a member may elect to participate and is not a contract for employment. A member may retire for all purposes of the plan and defer receipt of retirement benefits into a DROP account while continuing employment with the City. Nothing within the DROP should be construed to alter an employee's classification status.

Designated beneficiary (beneficiaries) means the person (or persons) designated by the member as his or her beneficiary (or beneficiaries) to receive benefits payable upon the death of the member (other than a survivor annuitant on the form provided by the board for such purpose, signed by the member and filed with the board.

Earnable compensation means the employee's base pay plus any additional pay listed in the table below:

	Earnable Compensation Includes
Prior to January 1, 2017	Base pay exclusive of any additional pay (e.g., overtime, shift differential).
On or after January 1, 2017	Base pay plus driver engineer pay, if any.
On or after October 1, 2017, but before October 1, 2018	Base pay plus driver engineer pay, if any and up to 80 hours of overtime pay per fiscal year.
On or after October 1, 2018	Base pay plus driver engineer pay, if any and up to 100 hours of overtime pay per fiscal year.

 

Earnings base means for retirement income with an initial effective date prior to October 1, 1998, the average monthly earnable compensation of a member during such member's last five years of creditable service, or, if the member has less than five years of creditable service, then such member's average monthly earnable compensation during such member's total years of service. For retirement income with an initial effective date on or after October 1, 1998, the earnings base is the average monthly earnable compensation of a member during such member's highest three years of creditable service, or, if the member has less than three years of creditable service, then such member's average monthly earnable compensation during such member's total years of service.

Employee means all officers and firefighters regularly employed in the fire department of the City whose employment shall be continuous and not of a temporary nature; however, civilian employees of the fire department shall not be covered by the provisions of this division. In all cases of doubt, the board shall decide who is an employee within the meaning of this definition.

Member means any person included in the membership of the retirement system as provided in this division. For the purposes of the DROP, a member who enters the DROP shall be considered a member receiving a service retirement income for all purposes of the plan.

Membership service means service rendered since last becoming a member and on account of which contributions have been made as provided in this division.

Past service means service rendered by a member who was actively employed on March 12, 1999 or who was initially hired after this date prior to the member's separation from active service in the Fire Department of the City and for which credit is allowed under the provisions of this division.

Prior service means service rendered prior to October 1, 1970, for which credit is allowed under the provisions of this division, or service rendered as a member of the firemen's pension fund (prior retirement plan) for which the employee has not and will not receive any financial benefit from said prior retirement plan, or may mean service rendered as a member of the employee's retirement system as provided by division 2 of this article, provided such membership was in lieu of membership in the supplemental firefighter's retirement system (supplemental plan) due to the employee's age exceeding enrollment criteria existing at the time of the employee's appointment as a firefighter.

Retirement means withdrawal from the active service with a retirement allowance granted under the provisions of the retirement system. For purposes of the DROP, retirement means the date the member enters the DROP.

Retirement income means monthly payments for the life of the retired member and such survivors' annuities as are provided for in this division.

Retirement income percent means the percentage of earnings base which shall be payable to a retired member as retirement income as listed in the table below:

For retirement income with an initial effective date:	Retirement income percent:
Prior to October 1, 1998	2.5 percent for each year of creditable service rendered up to 20 years; and 2.0 percent for each additional year, up to a maximum of 60 percent
On or after October 1, 1998 and prior to January 1, 2004	2.5 percent for each year of creditable service rendered up to 20 years; and 3.0 percent for each additional year
On or after January 1, 2004	3.0 percent for each year of creditable service

 

Retirement system means the supplemental firefighter's retirement system of the City as established in this division.

Service means service as an employee and paid for by the City.

Spouse means the person who was married to the member on the date of retirement, regardless of whether such person is married to the member at the time of the member's death. "Married" means a marriage that was validly entered into in a state, the District of Columbia, a United States territory, or foreign country whose laws authorized the marriage of the member and his or her spouse, regardless of the domicile of the member.

Survivor annuitant means the person designated by the member to receive a monthly retirement income upon the member's death payable in accordance with a) the normal form of retirement benefit for a member with a spouse on the date of retirement, or b) option 2, option 3, option 4 or option 5 as described in this division.

(Code 1973, § 22-96; Code 1992, § 22-186; Ord. No. 343-G, § 1, 7-23-1998; Ord. No. 401-G, § 1, 9-16-1999; Ord. No. 402-G, § 1, 9-16-1999; Ord. No. 635-G, § 1, 10-16-2003; Ord. No. 740-G, § 1, 7-7-2005; Ord. No. 754-G, § 1, 9-15-2005; Ord. No. 1028-G, § 1, 9-8-2011; Ord. No. 90-H, § 1, 10-3-2013; Ord. No. 140-H, § 1, 11-24-2014; Ord. No. 311-H, § 1, 12-7-2017)

Editor's note

It should be noted that § 3 of Ord. No. 740-G, adopted July 7, 2005, provides, " Because the ordinance amendments adopted on September 16, 1999 in Ordinance 401-G, failed to accurately reflect the agreements between the Union and the City due to grammatical, typographical or scrivener's errors, this ordinance shall be retroactive to that date and any benefits shall be adjusted to reflect the requirements of this ordinance."