4.28.080 Retirement--Benefits designated--Computation.
A. Whenever any member of the Police or Fire Department shall have served in the aggregate for any of the periods of service listed below, they shall be entitled upon written application to the board to retire from the service and to receive pension benefits listed below:
1. After twenty years of aggregate service as herein defined and upon reaching sixty years of age, fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement.
2. After twenty-five years of aggregate service as herein defined and upon reaching fifty years of age, fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement.
3. After twenty-six years of aggregate service as herein defined and upon reaching fifty years of age, 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 retirement.
4. After twenty-seven years of aggregate service as herein defined and upon reaching fifty years of age, 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 retirement.
5. After twenty-eight years of aggregate service as herein defined and upon reaching fifty years of age, sixty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement.
6. After twenty-nine years of aggregate service as herein defined and upon reaching fifty years of age, 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 retirement.
7. After thirty years of aggregate service as herein defined, regardless of age, 66.67 percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement.
B. In the event that a member who has previously been retired for disability in the actual performance of duty, under the provisions of Section 4.28.090, and has been restored to active service, shall be entitled to a pension under the terms of this section, then the basis of the pension shall be the average monthly rate of salary which such member shall have received during the three years immediately preceding the disability for which such previous pension was granted, or in the event of service less than three years in length immediately preceding the disability for which such previous pension was granted the average monthly rate of salary which such member shall have received during such period of service, or the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement under the provisions of this section, or in the event of service less than three years in length after such restoration to active service, the average monthly rate of salary which such member shall have received during such period of service, whichever is the greater.
C. In the event that a member who has previously been retired for disability not in the actual performance of duty, under the provisions of Section 4.28.100, and has been restored to active service, shall be entitled to a pension under the terms of this section, then the basis of the pension shall be the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement under the provisions of this section, or in the event of service less than three years in length after such restoration to active service the average monthly rate of salary which such member shall have received during such period of service.
D. In the event that a member who has previously been retired for disability in the actual performance of duty, under the provisions of Section 4.28.090, and has not been restored to active duty, shall become entitled to a pension under the terms of this section, such pension shall be fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the disability, regardless of the length of such member’s aggregate service. (Ord. 3558-NS § 8, 1957)