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Pensions paid members of the fire and police pension systems created by Ordinance 2188-NS, as amended, Ordinance 2250-NS, as amended, and Ordinance 3558-NS, codified in Chapters 4.20, 4.24 and 4.28 respectively, as amended, and which pensions are fixed and do not fluctuate with increases or decreases in salaries attached to ranks, shall be annually adjusted for changes in the cost of living in the following manner:

A. The amount of the monthly pension payment originally awarded shall be the monthly base pension, and the calendar year in which the pension payment originally commenced shall be the base year. The cost of living adjustment shall be the monthly base pension multiplied by an adjustment factor which is equal to the ratio obtained by dividing the California Consumer Price Index for the immediately preceding calendar year by the California Consumer Price Index for the base year. Such cost of living adjustment shall be subject to all of the conditions and limitations set forth in subsections B through I, inclusive, of this section.

B. No adjustment shall be made during the first calendar year following the base year.

C. Subject to the limitation set forth in B above, the adjustment shall be made on April 1st of each year, and the monthly base pension, as adjusted, shall be the monthly pension payment during the succeeding twelve-month period (April 1st through March 31st).

D. No adjustment shall be made for any year for which the adjustment is less than one percent of the monthly base pension, and the adjustment for any year shall not exceed three percent compounded annually of the monthly base pension.

E. No monthly pension payment in any year shall be less than the monthly base pension.

F. For pensioners previously granted cost of living adjustments under Section 4.20.200, the monthly base pension shall be the monthly payment originally awarded before any such cost of living adjustment, and the base year shall be the calendar year in which such pension payment originally commenced; the pension payment for such pensioners shall be adjusted commencing April 1, 1971 in accordance with the provisions of this section, except that for the initial adjustment in 1971 the limitation set forth in subsection D of this section shall not apply.

G. The pension payment for pensioner Elmer A. Wilen, pensioned on November 8, 1967 under Ordinance 2250-NS, shall be adjusted commencing April 1, 1971 in accordance with the provisions of this section, except that for the initial adjustment in 1971 the limitation set forth in subsection D of this section shall not apply.

H. Upon the death of any person receiving a pension under Sections 4.20.070 through 4.20.090 or 4.20.140; or 4.24.070 through 4.24.090 or 4.24.130, which pension is subject to the automatic cost of living adjustment provided for in this section, or upon the death of any person receiving a pension under Sections 4.28.080, 4.28.090, 4.28.160 or 4.28.170, the person or persons entitled to receive a pension as a result of such death as provided in Section 4.28.100, or Section 4.28.150, shall be entitled to an initial monthly pension payment based upon the monthly base pension of the deceased pensioner as adjusted at the time of their death. Cost of living adjustments for such person or persons shall be made commencing with the April 1st subsequent to such death and shall be determined in accordance with the provisions of this section, using the monthly pension payment originally awarded to the deceased pensioner modified to reflect the applicable percentage of salary payable to such person or persons as provided in Section 4.20.100, 4.24.100 or 4.28.150, as the case may be, as the monthly base pension and the calendar year in which the pension payment to the deceased pensioner originally commenced as the base year.

I. For the purposes of this section. "California Consumer Price Index" means the index stated for the San Francisco-Oakland Area published by the Bureau of Labor Statistics of the United States Department of Labor. Should the reference base of said Consumer Price Index (presently 1957-59 = 100) be changed, said index used to determine the California Consumer Price Index for the purposes of this section will be the index converted to the new base by standard statistical methods. (Ord. 4624-NS § 1, 1973: Ord. 4536-NS § 1, 1971: Ord. 4490-NS § 1, 1970)