ARTICLE II. - PENSION FUND (APPLICABLE TO APPOINTMENTS PRIOR TO FEBRUARY 1, 1971)

Footnotes:

--- (2) --- Cross reference— Retirement system, ch. 60.

State Law reference— Relief of police officers, G.L. 1956, § 45-19-1 et seq.; pension fund for members of permanent police department, P.L. 1943, ch. 1297; P.L. 1956, ch. 3627.

Sec. 52-31. - Established.#

This city council hereby creates a pension list and a pension fund for permanent members of the police department of the city, to be known as the "Police Pension Fund of the City of Warwick."

(Code 1971, § 15-19)

Sec. 52-32. - Effective date.#

This article shall take effect February 1, 1971, and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

(Code 1971, § 15-20)

Sec. 52-33. - Source of assets.#

Said police pension fund shall consist of: (1)

All monies and securities that are now contained in the police pension fund, as authorized by general assembly action on April 22, 1943, and as subsequently amended, all monies received by the city finance director from the clerk of the third division district court from the prosecution of criminal cases, and all fees received from grand jury and superior court.

(2)

All donations, contributions, bequests or gifts to the pension fund.

(3)

All payroll deductions made from the salaries of each officer and member of the permanent police department, which shall consist of four percent of the annual salary paid to each such officer and member prior to February 1, 1973, and, commencing the first payday of February 1973, seven percent of the annual salary paid to each such officer and member; provided, however, that any member who shall retire prior to February 1, 1977, after 25 years of continuous service shall receive from the pension fund a reimbursement of any contributions made by such member in excess of what his/her contributions would have been at the prior rate of four percent of annual salary. For pension purposes, longevity payments are to be considered salary and pension deductions shall be taken from such payments.

(4)

Appropriations of city funds that shall be made from time to time to said fund to carry into effect the provisions of this article.

(5)

All income and earnings derived from investment of fund holdings.

(Code 1971, § 15-21)

Sec. 52-34. - Custodian of fund; deductions from pay.#

The city finance director, ex officio, shall be custodian of said police pension fund, and he/she is hereby authorized and directed to deduct in weekly installments four percent of the annual salary paid to each officer and member of the permanent police department prior to February 1, 1973, and, commencing on February 1, 1973, to deduct in weekly installments seven percent of the annual salary of each such officer and member and to put the same in the pension fund. All of the monies coming from the various sources set forth in section 52-33 which the city finance director is hereby authorized to receive shall be known as the Police Pension Fund of the City of Warwick. Said fund shall be kept separate and apart from all other monies in his/her care and he/she shall pay semimonthly from said fund to the beneficiaries thereof such sums as are hereinafter provided.

(Code 1971, § 15-22)

Sec. 52-35. - Investment of fund assets; accounting.#

Subject to the approval of the city council, the city finance director shall invest said funds and shall add the interest, dividends, and other income from such investments to said fund. The city finance director shall keep accurate books of the account of said fund and shall allow the city council and the board of public safety to inspect his/her books of said fund at any time. He/she shall make an annual report in writing at the end of each fiscal year to the mayor, the city council and the board of public safety.

(Code 1971, § 15-23)

Sec. 52-36. - Placement on pension list of members unfit for active duty.#

Whenever an officer or member of the permanent police department shall become unfit to perform active duty by reason of mental or physical infirmity, or other causes, the board of public safety of the city may place said officer or member upon the pension list, and thereafter he/she shall be paid annually for the remainder of his/her life in equal semimonthly payments a sum as hereinafter provided; provided, however, that no one shall be placed on the pension list under the provisions of this section under the age of 55 years until three reputable physicians designated by the board of public safety shall certify in writing to said board that the officer or member is permanently incapacitated. These physicians shall make periodic examinations after retirement, to determine if there is any change in physical or mental status. If the three physicians determine that the mental or physical incapacity has been corrected they will recommend to the board of public safety of the city that such member or officer shall be placed on active duty. If he/she refuses to be placed on active duty he/she shall then be classified as having resigned and shall be covered by section 52-40.

(Code 1971, § 15-24)

Sec. 52-37. - Nonservice disability pension.#

When any officer or permanent member of the police department shall become permanently unfit for duty as a result of a nonservice-connected injury or disease and is therefore placed by the board on the pension list, said officer or member shall receive an annual sum of 50 percent of his/her highest salary, which will be paid in semimonthly payments.

(Code 1971, § 15-24.1)

Sec. 52-38. - Service disability pension.#

(a)

Generally. When any officer or permanent member of the police department shall become permanently unfit for duty as a result of a service-connected injury or disease and is therefore placed by the board on the pension list, said officer or member shall receive a sum of 66⅔ percent of his/her highest salary, which will be paid on semimonthly payments, subject to the limitation listed in subsection (b) of this section.

(b)

Limitation for persons receiving earned income. When any officer or permanent member of the police department is on a service disability pension, such officer or member shall file every six months with the board of public safety a sworn written report of his/her earned income for the six-month period immediately preceding the filing of this report, together with such supporting data as may reasonably be required. Earned income is defined as amounts received as compensation for services rendered. The officer's or member's pension amount for the following six months after the filing of the report of earned income shall be reduced dollar for dollar by any amount the actual earned income exceeded the salary paid to an officer or permanent member with the same rank and seniority on active duty at the time such reports are filed. However, in no event shall any officer or member on pension receive an annual sum less than 50 percent of his/her highest salary as a police officer.

(Code 1971, § 15-24.2)

Sec. 52-39. - Eligibility for retirement.#

(a)

Prior to February 1, 1977, any member or officer of the permanent police department after serving 25 continuous years or who becomes 55 years of age, whichever occurs first, may apply to the board of public safety to be placed on the pension list. Thereafter said officer or member shall be entitled to a sum equal to one-half of his/her highest salary. In the event that said member or officer of the permanent police department does not apply to be placed on the pension list within 30 days of eligibility, the board of public safety may, at its discretion, place said member or officer on the pension list.

(b)

Commencing on February 1, 1977, any member or officer of the permanent police department after serving 20 continuous years or who becomes 55 years of age, whichever occurs first, may apply to the board of public safety to be placed on the pension list. Thereafter said officer or member shall be entitled to a sum equal to one-half of his/her highest salary. In the event said member or officer of the permanent police department does not apply to be placed on the pension list within 30 days of eligibility, the board of public safety may, at its discretion, place said member or officer on the pension list.

(c)

Any member or officer of the permanent police department, entitled to receive police pension fund benefits, who remains in the employ of the police department after 20 years of continuous service, shall be entitled to an increment of two percent of his/her pension benefits for each year of service beyond 20 years of continuous service to a period up to and not exceeding 25 years of continuous service.

(Code 1971, § 15-25)

Sec. 52-40. - Resignation or discharge prior to retirement.#

(a)

Any member or officer of the permanent police department who shall resign (or who shall be discharged after a proper hearing) prior to the completion of ten years of continuous service shall forfeit all claims to such fund, except that he/she shall be entitled to a refund of the total amounts of the deductions made from his/her salary under this article without interest.

(b)

Any member who shall resign or be discharged prior to eligibility for retirement under section 52-39, but after completing at least ten years of service, shall be vested in a pension, payable on the date the member would have completed 20 years of service, in an amount in accordance with the following schedule:

Complete Years of Service Percentage of Highest Year's Pay

10 25.0

11 27.5

12 30.0

13 32.5

14 35.0

15 37.5

16 40.0

17 42.5

18 45.0

19 47.5

(c)

The benefit of a member who receives payments under this section shall not be increased in accordance with section 52-44, but shall remain level throughout retirement. A member who retires under this section with less than 20 years of service shall not be eligible for paid medical/dental insurance coverage or any other retiree benefits except those provided under this section.

(Code 1971, § 15-26)

Sec. 52-41. - Death benefits prior to retirement.#

(a)

If a member or officer of the permanent police department is killed or dies from injuries received or sickness contracted while in the performance of his/her duty as such member, there shall be paid from this police pension fund, to the following dependents of such deceased person, the following sums of money: to the widow/widower an annual sum equal to 50 percent of the deceased's annual salary at the time of his/her death, such sum to be paid in regular installments twice a month beginning at the date of death and continuing until such widow/widower dies or is remarried; and in addition an annual sum, payable in the same manner as provided aforesaid, equal to ten percent of the deceased's annual salary at the time of his/her death for each child of such deceased during the time as such child is under the age of 18 years of age, or is over such age and is physically or mentally incapacitated from earning; provided, however, that the total annual sum paid hereunder shall at no time exceed a sum equal to 75 percent of the deceased's annual salary at the time of his/her death; and provided further that, in the event there is a child or children and no widow/widower or the widow/widower dies later or remarries, such sum as would have been payable to the widow/widower for the benefit of such child or children had he/she survived the deceased and not remarried shall be paid to or for the benefit of such child or children in equal shares during the time provided aforesaid.

(b)

If a member or officer of the permanent police department dies, other than from injuries received or sickness contracted while in his/her performance as such member, there shall be paid from this police pension fund, to the following dependents of such deceased person, the following sums of money: to the widow/widower an annual sum equal to 30 percent of the deceased's annual salary at the time of his/her death, such sum to be paid in regular installments twice a month beginning at the date of death and continuing until such widow/widower dies or is remarried; and in addition an annual sum, payable in the same manner as provided aforesaid, equal to ten percent of the deceased's annual salary at the time of his/her death for each child of such deceased during the time as such child is under the age of 18 years of age, or is over such age and is physically or mentally incapacitated from earning; provided, however, that the total annual sum paid hereunder shall at no time exceed a sum equal to 50 percent of the deceased's annual salary at the time of his/her death; and provided further that, in the event there is a child or children and no widow/widower or the widow/widower dies or remarries, such sum as would have been payable to the widow/widower for the benefit of such child or children had he/she survived the deceased and not remarried shall be paid to or for the benefit of such child or children in equal shares during the time provided aforesaid.

(c)

If no benefits are payable in accordance with subsection (a) or (b) of this section, the estate of any member or officer of the permanent police department who should die before eligibility to have his/her name placed on the pension list shall be entitled to a refund of the total amounts of the deductions made from his/her salary under this article, without interest.

(d)

As used in this section, the term "member or officer of the permanent police department" shall mean and include any chief or other member or officer of the police department of this city, regularly employed at a fixed salary or wage.

(e)

Beneficiaries under this section shall be considered pensioners for the purposes of section 52-44.

(f)

The death benefits provided by this section are in addition to the lump sum death benefits provided by section 52-12, and nothing contained herein shall be deemed as amending or repealing said lump sum death benefit provisions of section 52-12.

(Code 1971, § 15-27)

Sec. 52-42. - Death benefits after retirement.#

(a)

Upon the death of a retired member or officer of the permanent police department, his widow or her widower shall receive one-half of the weekly pension to which such retired officer or member would be entitled until such time as he or she dies or remarries.

(b)

As used in this section, the term "member or officer of the permanent police department" shall mean and include any chief or other member or officer of the police department of this city, regularly employed at a fixed salary or wage.

(c)

Widow or widower beneficiaries under this section shall be considered pensioners for the purposes of section 52-44.

(Code 1971, § 15-28)

Sec. 52-43. - Benefits not transferable or subject to attachment.#

The benefits payable hereunder to any member or officer placed upon the pension list shall not be transferable or subject to attachment.

(Code 1971, § 15-29)

Sec. 52-44. - Pension increases.#

(a)

All members and officers who are now receiving pensions from this fund shall be granted an increase, if required, in amounts necessary to bring their pensions equal to one-half the salary of the permanent members of the department.

(b)

Whenever salary increases are granted in the department in the various classifications, corresponding percentage increases shall be granted pensioners in the same classification.

(Code 1971, § 15-30)

Sec. 52-45. - Review of minimum allowances.#

Beginning on February 1, 2014, and annually thereafter, the mayor and the city council shall review the minimum allowances under this pension plan, and if warranted may increase the same. Upon the request of the city council, the actuary shall appear and present the results of the annual actuarial valuation at a regular meeting of the city council.

(Code 1971, § 15-31; Ord. No. O-13-15, § I, 10-18-13)

Sec. 52-46. - Membership.#

The terms of this article shall apply to all members, officers, widows, dependents and beneficiaries now receiving pensions from this fund, and to every other member or officer of the permanent police department appointed prior to February 1, 1971. The terms of this article shall not apply to any member or officer of the permanent police department appointed on or after February 1, 1971.

(Code 1971, § 15-32)

Sec. 52-47. - Buyback of military service.#

(a)

At the time of his/her retirement, any member who retires under section 52-39 and who had previously been honorably discharged from service with the armed forces of the United States will be eligible to buy back up to four years of additional service by contributing to the fund an additional seven percent of his/her highest year's pay for each year of service purchased. In no event will a member who has completed fewer than 20 years of service be eligible to buy back service.

(b)

A member eligible to purchase benefits under subsection (a) of this section has the option to buy up to four years of service in six-month increments, but no more than the number of his/her full years of military service.

(Code 1971, § 15-33)

Secs. 52-48—52-70. - Reserved.#