§ 6-479. Election by member qualified as fire fighter or subject to fire fighting duties.

(a)

Scope of Provisions. Any member of the fire department that has qualified as a fire fighter or is subject to fire fighting duties coming under the terms of this act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this act, as amended. Any member of the fire department in the employment of the city on the effective date of this act who is covered under the terms of this act as amended prior to this amendment but who does not qualify as a fire fighter or is not subject to fire fighting duties shall not be allowed to come under the provisions of this amendment but shall have their rights and obligations determined under this act as it existed prior to this amendment or shall be allowed to transfer to the general employees' pension fund as it now exists.

All such members of the fire department in the employment of the city on the effective date of this act who qualify as a fire fighter or are subject to fire fighting duties but who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under this act as it existed prior to this amendment.

All regular members of the fire department of the city, eligible for participation in this act as amended who shall be elected or employed after the effective date of this act, shall be required to come under the provisions of this act, as now amended, and shall have all rights and duties provided in the amended act.

This amendment and the election to accept its benefits shall be predicated upon an acknowledgement that the General Assembly in adopting this amendment reserved the right to further amend said act and to reduce the benefits provided hereunder not to exceed the primary insurance amount he will be eligible to receive in the event the members of the fire department of such city should ever qualify and accept the benefits under the Federal O.A.S.I. program by reason of their employment by such city. Provided further, that the benefits of this act, as amended, shall in no event be reduced more than the primary insurance amount received from Federal O.A.S.I. program, as a consequence of participation in said Federal O.A.S.I. program. Provided, further, that the benefits of this act, as amended, shall in no event be reduced as a consequence of participation in said Federal O.A.S.I. program below the benefits as same existed prior to the enactment of this amendment.

(b)

Age, Service, Requirements. All members of the fire department, who shall elect to come under the terms of this amendment, must attain the age of 55 years and shall have served 25 years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, however, that any member of the fire department who has served 25 years and who has attained the age of 50 years may elect to retire on a reduced pension, said reduction to be one-twelfth ( 1/12 ) of three percent (3%) per month for each month the member of the fire department lacks in being 55 years of age; provided, further, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of total and permanent disability.

(c)

Monthly Pension. When such member of the fire department shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly (base and service) earnings, multiplied by his years of creditable service, up to and including 25 years, and one and one-half percent (1½%) of his monthly (base and service) earnings multiplied by the number of full years of creditable service in excess of 25 years of creditable service. Monthly earnings shall be the average of the highest three (3) years (base and service) salary during the term of employment.

(d)

Total Pension Benefits Payable. In no event shall the total pension benefits payable under this amendment, plus any primary insurance amount under the Federal O.A.S.I. program that may inure to any member of the fire department coming under the provisions of this amendment, by reason of his employment by such city, exceed 75 percent of the average monthly (base and service) salary used in computing the pension benefits under the terms of this amendment. Provided, however, that whenever monthly earnings as defined in this amendment, multiplied by years of creditable service at the time of retirement or death shall entitle any member of the fire department coming under the provisions of this amendment to a pension in excess of the maximum pension allowable hereunder, said member of the fire department or, beneficiary in case of death of said member, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable. No department head who elects to come under the provisions of this act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this act.

(e)

Additional Benefits.

(1)

Any officer or employee who is a member of the pension fund shall be considered totally and permanently disabled by the board of trustees while the officer or employee is in a continuous state of incapacity due to illness or injury:

a.

During the first 12 months which the officer or employee is prevented from performing his/her regular, assigned or comparable duties; and

b.

Thereafter, if the condition continues to prevent the officer or employee from engaging in any occupation for which he/she is or becomes reasonably qualified by education, training or experience.

(2)

A member who is considered by the board of trustees to be totally and permanently disabled in accordance with subsections (f)(1)a. and b. on or after January 1, 1986, shall receive a monthly disability benefit which shall commence on the day following the officer's or employee's last date on the payroll and continue until the earlier of:

a.

Cessation of total and permanent disability;

b.

Attainment of age 55.

(3)

Such monthly disability benefit shall be equal to 50 percent of the officer's or employee's average monthly earnings during the highest three (3) consecutive years of service prior to the date of approval by the board of trustees or the officer's or employee's accrued normal retirement benefit, whichever is greater.

(4)

Upon the cessation of disability benefits pursuant to subsection (f)(2)a. or b., and the officer's or employee's failure to return to city employment, the officer or employee would be entitled to a pension benefit as calculated in accordance with subsections c. or d. of 1964 Ga. Laws, page 2161, as applicable. Provided further, that the calculation of any such subsequent benefit shall include credit for all years and fractions thereof during the time disability pension benefits have been paid, but shall not include credit for any disability pension payments made. Provided further, that for the purposes of calculating any cost-of-living adjustments, the subsequent benefits shall be considered as a new pension with a new effective date.

(5)

Disability pension benefits shall be offset by worker's compensation payments so that the combination of payments shall not exceed 75 percent of the officer's or employee's salary at the time disability pension benefits are to commence or 60 percent of an officer's or employee's salary at the time of disability or death in the case of a beneficiary. However, this subsection shall not prevent the restoration of disability pension benefits payable upon the reduction or termination of any such compensation benefits payable by the city under applicable worker's compensation laws.

(6)

a.
Pensions for beneficiaries designated under the terms of this act, as amended, shall be one-half of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disability; or one-half of the amount such officer or employee would have been entitled to receive had such person retired prior to death.

b.

The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Provided, however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this act because of any provision of this act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary benefits as widow or widower of the pensioner is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner.

c.

No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the death of such pensioner; provided the officer or employee has made payment for such benefits prior to retirement.

d.

In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in paragraph e.

e.

In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this act, as amended. In determining average monthly earnings, such accumulated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest three (3) consecutive years' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest three (3) consecutive years' salary or earnings during the term of employment.

f.

Any person entitled to disability benefits under the provisions of this act, as amended, may receive benefits after he/she has been in the active employment of the city for at least a period of five (5) years. Provided, however, said requirement shall not apply to an officer or employee disabled as a direct result of a traumatic event or events occurring during and as a result of the performance of an officer's or employee's regular or assigned duties and not the result of such officer's or employee's willful negligence.

(7)

Disability pensions; annual review. The retirement of a pension applicant by reason of permanent and total disability shall be subject to the following conditions:

a.

The board of trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the purpose of determining whether or not the pensioner has sufficiently recovered from his/her disability and is able to return to any occupation for which he/she is or becomes reasonably qualified by education, training or experience.

b.

If the board, after such examination, determines that the pensioner is not actually totally and permanently disabled but is able to return to any occupation for which he/she is or becomes reasonably qualified by education, training or experience, then the payment of such disability pension shall cease. (Ord. No. 1985-94, § 7, 12-19-85)

(f)

Benefits for Death From Injuries in Line of Duty. When any person covered by the provisions of this act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one (1) year and paid to his widow or minor children (natural or legally adopted), if no widow. Any compensation received by the member due to said injury shall be deducted from the one-year's compensation herein provided for. At the expiration of the one-year period referred to above, the pension benefits for widow shall be computed by the same formula as set forth in subsection (e) above. The pension benefits for widow provided by this amendment shall be continued to the minor child or children (natural or legally adopted) upon the death of the widow until the youngest child shall have become 18 years of age. (Ord. No. 1985-94, § 8, 12-19-85)

Editor's note— The ordinances listed in the left-hand column below are found in the state session laws at the location listed opposite them in the right-hand column below:

	Georgia Laws
Ord. No.	Year	Page
1985-94	—	—

 

(g)

Contribution Prescribed. Any member electing to come under this amendment shall pay into the fire department pension fund the sum of five percent (5%) of his total salary, in the event he does not provide for payment of a pension to this beneficiary, as authorized by this act, as amended, or the sum of six percent (6%) of his total salary, in the event he does provide for the continuance of the pension to his beneficiary. Like payments shall be made from the salaries of future employees of the fire department required to come under this amendment.

(h)

Additional Contribution Prescribed. In addition to the payments required to be made in subsection (g) above, any member of the fire department who may become a participant under this amendment shall be entitled to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300 per month, if he does not provide for the payment of a pension to a beneficiary, and the sum of six percent (6%) of his total salary from the time his salary exceeded $300 per month, if he does provide for the payment of a pension to a beneficiary. Payments previously made to the pension fund not exceeding the amount due the fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%).

Said total amount due may be paid at the time the member of the fire department elects to come under the terms of this amendment or in 60 monthly installments from the date of his participation under this amendment, at the option of the participant to the plan. Provided, however, that the board of trustees of the fund, as created under this act, as amended, may at their discretion allow additional time for such payments to be made.

Any member of the fire department who does not elect to participate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the member of the fire department should retire or die before said payments into the fund are completed, the secretary of the retirement fund is authorized to deduct the monthly payments from retirement or beneficiary benefits until the obligation is discharged.

(i)

Effective Date. This section and the several subsections shall be effective the first day of the month following the passage and approval of this act, and the payments required by subsection (g) above, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the fire department or subsequently electing to participate under the terms of this amendment, said payments shall begin with the employment or date of such election.

(j)

Appropriations by City. In addition to the fund derived from deductions from salaries and wages, as required by subsection (g) of this amendment, it shall be the duty of the governing authorities of such cities to appropriate and pay into the pension fund an amount which shall be equal to the total amount of deductions from the salaries and wages paid to members of the fire department of said governing authorities, including the amounts paid into said fund by said members of the fire department for prior creditable service, as required by subsection (h). Provided, however, such governing authorities of such cities may delay the matching of additional contributions caused by the enactment of this amendment to the January first next following the effective date of this amendment and provided further, that said governing authorities of such cities may match the payments for prior creditable service, as provided for in subsection (h) in annual installments over a period not to exceed 20 years from the January first next following the effective date of this amendment. Should said pension fund at any time be insufficient to meet and pay the pensions due to such members of the fire department, such governing authorities shall appropriate from current funds amounts sufficient to make up the deficiency and deposit same into the fire department pension fund.

(1964 Ga. Laws, page 2161, § 1; 1965 Ga. Laws, page 3271, § 1; 1966 Ga. Laws, page 2996, § 1; 1972 Ga. Laws, page 3375, § 1)

Editor's note

Except for subsection (j) (derived from 1964 Ga. Laws, page 2161), the provisions compiled in the above section were repealed by 1978 Ga. Laws, page 4508 but have been retained at the request of the city due to their applicability to certain individuals.