Baltimore City Council
File #: 07-0608    Version: 0 Name: Fire and Police Employees' Retirement System - Fallen Heroes
Type: Ordinance Status: Failed - End of Term
File created: 2/26/2007 In control: City Council
On agenda: Final action: 12/5/2007
Enactment #:
Title: Fire and Police Employees' Retirement System - Fallen Heroes FOR the purpose of modifying, for purposes of the line-of-duty death benefit, the determination of a member's compensation; providing for a special effective date; and generally relating to the Fire and Police Employees' Retirement System.
Sponsors: Kenneth Harris, James B. Kraft, President Young, Nicholas C. D'Adamo, Keiffer Mitchell, Mary Pat Clarke, Belinda Conaway, Agnes Welch
Indexes: Fallen Heroes, Fire & Police Retirement Systems
Attachments: 1. 07-0608 - 1st Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.

                     THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.

                     INTRODUCTORY*

 

                     CITY OF BALTIMORE

                     COUNCIL BILL          

                                                                                                                                                           

Introduced by:  Councilmember Harris

At the request of:  Baltimore City Firefighters Local 734

  Address:  Rick Schluderberg, President, 1202 Ridgely Street, Baltimore, Maryland 21230

  Telephone:  443-324-2530                                                                                                               

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Fire and Police Employees' Retirement System - Fallen Heroes

 

FOR the purpose of modifying, for purposes of the line-of-duty death benefit, the determination of a member's compensation; providing for a special effective date; and generally relating to the Fire and Police Employees' Retirement System.

Body

BY repealing and reordaining, with amendments

Article 22 - Retirement Systems

Section(s) 34(i)(2)(A) and (E)

Baltimore City Code

(Edition 2000)

 

SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 22.  Retirement Systems

 

                     Subtitle - Fire and Police Employees' Retirement System

 

§ 34.  Benefits.

 

(i)  Line-of-duty death benefit.

 

(2)  Line-of-duty death benefit.

 

(A) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay:

 

(i)                     a lump-sum refund of the member's accumulated contributions, to be paid as follows:

 

 

 

1.                     to the member's designated beneficiary;

 

2. if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member's surviving spouse;

 

3. if there is no designated beneficiary and no surviving spouse, to the member's children, in equal shares;

 

4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member's surviving parents, in equal shares; and

 

5.                     otherwise, to the member's estate; and

 

(ii)                     a pension of 100% of the member's [current] compensation, DETERMINED AS PROVIDED IN SUBPARAGRAPH (E) OF THIS PARAGRAPH (2), to be paid as follows, regardless of whom the member designated as beneficiary:

 

1.                     to the member's surviving spouse, to continue for life;

 

2. if there is no surviving spouse or if the surviving spouse dies, to the member's minor children to be paid to each child, in equal shares, until that child is no longer minor, as defined in § 47(h) of this article;

 

3. if there is no surviving spouse or minor children, to either or both of the member's surviving dependent parents who are designated beneficiaries, to continue for life, in the percentages designated by the member; or

 

4. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member's surviving dependent parents, to continue for life, as the Board of Trustees in its discretion directs.

 

(E) [If the member's death occurred as the result of an injury sustained while the member was assigned to duties in a higher class than his or her regular job classification, the current compensation described in] FOR PURPOSES OF subparagraph (A)(ii) of this paragraph (2), THE MEMBER'S COMPENSATION shall be the maximum level or experience salary scale, taking into account the longevity increments appropriate to the member's length of service, in the classification in which the member was performing duties on the date of the injury causing death.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted, retroactive to February 1, 2007.

 

dlr07-1167~intro/20Feb07

art22/F&PDeathBnfts/aa:me

 

 

dlr07-1167~intro/20Feb07

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