The text
ARTICLE I. - IN GENERAL#
Secs. 50-1—50-20. - Reserved.#
ARTICLE II. - RETIREMENT#
DIVISION 1. - GENERALLY#
Secs. 50-21—50-35. - Reserved.#
DIVISION 2. - POLICE RETIREMENT#
Footnotes:
--- (1) --- State Law reference— Retirement, G.L. 1956, § 45-21-1 et seq.; police retirement, G.L. 1956, §§ 45-21.2-1 et seq., 45-21.3-1 et seq.
Subdivision I. - In General#
Sec. 50-36. - Authority to establish fund.#
IBPO Local 305 or its successor shall have power to establish a retirement fund to be known as the police department retirement plan fund.
(Code 1982, § 16-101; Code 2003, § 50-36)
Sec. 50-37. - Administration by board; composition of fund.#
The retirement plan fund shall be administered by a board of trustees as provided in this division. Such retirement plan fund shall consist of: (1)
All monies and securities currently held in the police department retirement plan fund.
(2)
On and after July 1, 1977, there shall be reserved by the town and turned over to such fund at least eight percent of the salaries paid to those members of the police department who shall elect to come under the provisions of the plan.
(3)
On and after July 1, 1977, the town will pay into such fund during each fiscal year an amount equal to 13.3 percent of the salaries paid in such fiscal year to all members of the police department who elect to participate in this retirement plan fund.
(4)
All interest, dividends and other income derived from subsections (1) through (3) of this section.
(Code 1982, § 16-102; Code 2003, § 50-37)
Sec. 50-38. - Sickness or injury; disability.#
(a)
Any personnel of the police department who have been away from the job due to sickness or injuries sustained or contracted in the performance of their duties continuously for a period of at least 18 months prior to the effective date of the ordinance from which this section is derived, then such personnel shall report to active duty within a period of 30 days from the passage of this section, and failure to so report shall be deemed prima facie evidence of the fact that they are physically unfit for duty and, therefore, unable to return to their regular duties as police officers. Such persons who shall not return within the 30 days shall be immediately placed on a disability list and shall receive the disability benefits in the manner set forth in articles 4 and 5 of the town police department pension plan, as the plan may be amended in the future.
(b)
Any of the personnel of the police department who shall in the future remain away from their regular employment as a police officer for a period of 18 months due to becoming wholly or partially incapacitated by reason of injuries incurred or sickness contracted during the performance of their duties shall, at the expiration of the 18 months, return to duty with 30 days thereafter or shall be deemed physically unfit for duty and therefore unable to return to his respective duties as a police officer. Such person, who shall not return within the 30 days shall be immediately placed on a disability list and shall receive the disability benefits in the manner set forth in articles 4 and 5 of the town police department pension plan, as the plan may be amended in the future.
(c)
Any personnel of the police department who shall have remained away from their regular employment as a police officer for a period of less than 18 months prior to the effective date of the ordinance from which this section is derived, then such person shall not remain away from their employment for such reasons for more than 18 months from the date of the contraction of the initial illness or injury which caused the incapacity.
(d)
Any personnel of the police department who have been away from their job for a period in excess of 18 months due to sickness or injury sustained or contracted in the performance of their duties and have returned to their jobs within a 30-day period in accordance with the provisions of this section and who have, within a six-month period of their return to their normal duties, suffered a recurrence of the same sickness or injury which disabled them initially will be given one additional period of 30 days in which to return to their regular duties as police officers. Failure to so report shall be deemed prima facie evidence of the fact that such personnel are physically unfit for duty, and such persons shall immediately be placed on the disability list in accordance with the provisions of this section.
(Code 2003, § 50-38; Ord. of 1-24-1994)
Secs. 50-39—50-50. - Reserved.#
Subdivision II. - Board of Trustees#
Sec. 50-51. - Membership.#
The board of trustees of such fund shall consist of three people, all of whom shall be permanent members of the town police department and whom shall be elected by the membership of IBPO Local 305. A person so elected will continue as trustee until the earliest of: (1)
Such person's removal or replacement by the union.
(2)
Such person's resignation in writing is delivered to the union.
(3)
Such person's death.
If, at any time, there shall be a vacancy in the membership of the trustees, the remaining trustees shall continue to act until such vacancy is filled by action of the IBPO Local 305.
(Code 1982, § 16-103; Code 2003, § 50-51)
Sec. 50-52. - General responsibility; organization.#
The board of trustees shall be responsible for the general administration of the retirement plan fund and for the payment of benefits out of it and may, from time to time, adopt bylaws, rules and regulations for its administration, and for the conduct and transaction of the business affairs as the board of trustees.
(Code 1982, § 16-104; Code 2003, § 50-52)
Sec. 50-53. - Powers and duties.#
The board of trustees shall have such power as may be necessary to discharge its duties including, but not limited to, the power to interpret and construe the provisions of this division, determine all questions of eligibility, duration of service, continuity of service, dates of birth, participation or retirement, computation of benefits, value benefits, and similar related matters. Its determination of all questions shall be binding upon all participants or any others concerned. All matters falling outside of the scope of the powers and duties of the trustees, and not otherwise provided for in this division, shall be referred to the IBPO Local 305, which shall have the power to act thereon.
(Code 1982, § 16-105; Code 2003, § 50-53)
Sec. 50-54. - Diligence; liability for error.#
The board of trustees shall use ordinary care and reasonable diligence in the performance of its duty, and no trustee shall be personally liable for any error of omission unless such error results from such trustee's own gross negligence, willful misconduct or lack of good faith; nor shall any trustee be personally liable for any act of any other trustees.
(Code 1982, § 16-106; Code 2003, § 50-54)
Sec. 50-55. - Investments.#
The board of trustees shall from time to time invest and reinvest the fund and keep such fund invested, in its sole discretion, without distinction between corpus and income, in any property, real, personal or mixed, or share or part of such property, or part interest therein, wherever situated, and whether or not productive of income including, but not being limited to: capital, common and preferred stocks; personal, corporate and governmental obligations, secured or unsecured; group annuity and other insurance company contracts, mortgages, leaseholds, fees and other interests in realty.
(Code 1982, § 16-107; Code 2003, § 50-55)
Sec. 50-56. - Employment of actuary; counsel; expenses.#
The board of trustees shall employ an actuary at such times as are necessary to ensure the maintenance of the plan on a sound actuarial basis, which actuary shall make periodic actuarial computations for the purposes thereof. The board may retain or consult counsel to the extent it deems expedient and necessary in the administration of the plan. Expenses of the board of trustees will be payable from the fund.
(Code 1982, § 16-108; Code 2003, § 50-56)