4.20.080 Pension--Benefits designated--Computation.
A. In the event of separation from the service of any member of the Fire Department who shall at the time of separation be entitled to a pension under the provisions of Section 4.20.070, or who shall have served in the aggregate in the Fire Department for a period of twenty-five or more years, regardless of age, they shall be entitled upon written application to the board to the pension benefits listed below:
1. If entitled to pension benefits as set forth in Section 4.20.070, they shall be granted such pension benefits.
2. If they shall have served in the aggregate in the Fire Department for a period of twenty-five years, regardless of age, they shall be entitled to a pension equal to fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of completion of twenty-five years of service, or during the three years immediately preceding the date of separation, whichever is the greater.
3. If they shall have served in the aggregate in the Fire Department for a period of twenty-six years, regardless of age, they shall be entitled to a pension equal to 53.33 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of completion of twenty-six years of service, or during the three years immediately preceding the date of separation, whichever is the greater.
4. If they shall have served in the aggregate in the Fire Department for a period of twenty-seven years, regardless of age, they shall be entitled to a pension equal to 56.67 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of completion of twenty-seven years of service, or during the three years immediately preceding the date of separation, whichever is the greater.
5. If they shall have served in the aggregate in the Fire Department for a period of twenty-eight years, regardless of age, they shall be entitled to a pension equal to sixty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of completion of twenty-eight years of service, or during the three years immediately preceding the date of separation, whichever is the greater.
6. If they shall have served in the aggregate in the Fire Department for a period of twenty-nine years, regardless of age, they shall be entitled to a pension equal to 63.33 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of completion of twenty-nine years of service, or during the three years immediately preceding the date of separation, whichever is the greater.
B. The change in pension benefits provided for in subdivisions 3, 4, 5 and 6 of subsection A of this section shall not apply to those receiving pensions prior to the effective date of this amendment.
C. None of the pension benefits provided in this section shall be paid to any member who shall be discharged from the service for conviction of a felony or crime involving moral turpitude, notorious or continuous insubordination or neglect of duty, habitual drunkenness or the use of narcotics, or who voluntarily resigns after twenty-five or more years of service but prior to reaching fifty years of age; provided, however, that in any such events the board, in its discretion, may order such pension to which the member would be entitled under the provisions of this section paid to the spouse, child or children under eighteen years of age, or dependent mother or father, if any, of such member. Upon the death of any member whose spouse, child or children under the age of eighteen years, or dependent mother or father is receiving the pension under the provisions of this paragraph, such pension shall cease and the surviving spouse, child or children under the age of eighteen, or dependent mother or father, if any, shall be entitled to a pension under the provisions of Section 4.20.100 in the same manner as if said member had been granted and was receiving a pension.
D. Any pension granted to the spouse of a member, under the terms of the preceding paragraph, shall cease upon the death of such spouse or upon the dissolution of the marriage between said member and said spouse. Any pension granted to the child or children under the age of eighteen years, under the terms of the preceding paragraph, shall cease with respect to each child at the time that such child reaches the age of eighteen, and the portion theretofore payable to such child shall be payable to the remaining children under the age of eighteen years.
E. Any pension granted to a dependent mother or father, under the terms of the preceding paragraph, shall cease when it is determined that the dependency of said mother or father has ceased.
F. In the event of the death of any member of the Fire Department who shall at the time of death be entitled to a pension under the provisions of Section 4.20.070, or who shall have served in the aggregate for a period of twenty-five or more years, regardless of age, then upon application to the board, the surviving spouse, child or children under the age of eighteen years, or dependent mother or father, shall be entitled to a pension in the amount and in the order of succession as provided in Section 4.20.100. (Ord. 3373-NS (part), 1954: Ord. 2625-NS (part), 1944: Ord. 2553-NS (part), 1943: Ord. 2254-NS (part), 1939: Ord. 2188-NS § 8, 1938)