Ordinance 0673ORDINANCE NO. 673
An ordinance establishing a retirement pension and insurance system for officers and employees of the city of alameda
B E I ORDAINED BY THE
C OUNCIL OF THE CITY of ALA -
MEDA as follows
PURPOSE
Section. 1. The purpose of this or-
dinance is to establish a retirement,
pension and insurance system for
superannuated or i.n.capacita.ted of-
ficers and employees of th City of
Alameda who are eligible for mem-
bership in the retirement system
hereinafter created..
DEFINITIONS
Svecti.on 2. The following words
and phrases used in this ordinance,
unless a different meaning is plainly
indicated in the context, shall have
the following meanings:
( a) " A nnui ty " a s h. a. 11 m ean pay-
ments for life derived from contribu-
tions made by a. member as pro-
vided for in this ordinance.
(b) "Board' � shall mean the "Re-
tirement Board.. "r as created in Sec-
tion 4 of this ordinance,
(c) "Beneficiary" shall mean any
person in receipt of a pension, an-
nuity, retirement allowance, or any
other benefit provided in this ordi-
nance.
(d) { `ci tyrr shall m ean. the Cit of
Alameda.
( ) " Compensation" shall mean
the compensation payable in cash
plus the monetary value as deter -
m ined by the Retirement Board, of
any allowance in lieu thereof, but
such eompensati,on shall not exceed
two hundred and fifty dollars per
month.
(t) "Compensation Ea.rnable "' b y
a member shall m ean the average
compensart as determ by th
Retirement Board ixpon the basis
of the average period of employment
of members in the same group or
class of employment and at the
same rate of pay, it being assumed
that during any absence said mem-
ber was in the position held by him
at the beginning of the absence, but
such "Compensation Ea,rna.ble" shall
not exceed two hundred and .fifty
dollars per Vnonth.
g) "Final Compensation" shall
mean the average annual compen-
sation earnable by a member during
the five years of City Service. im-
mediately preceding his retirement,
but such final compensation shall
not exceed two hund an fifty
dollars per month.
( h) "Contributions' � shall .Wean
the salary withheld from the mem-
ber at the rates provided for in sub -
division (a) of Section 7 of this or-
dinance.
W "Accumulated Contributions"
shall mean the sum of all contribu-
tions deducted from the cornpensa-
tion of a member together - with in-
terest thereon at the rate declared
by the Retirement Board as provided
in subdivision (g) of Section 5 of this
ordinance.
W "Employee' x shall mean any
person, including persons generally
classed as {'officers" or "officials,"
in the employ of the City of Alameda
whose compensation in such employ-
ment is paid wholly by the City.
"Fiscal Year" shall mean any
year commencing with July 1 and
ending with June 30 next following.
(l ) "Member"' shall rnea,n any per-
son included in the membership of
the Retirement System as provided
in Section 6 of this ordinance.
(m) " Pension" shall mean pay-
ments for life derived from contri-
butions made by the City as pro-
vided for in this ordinance.
(n ) "'Retirement Allowance" shall
mean the pension plus the annuity,,
( o) "Retirement Fund sha.11 mean
the "Alameda Municipal Employees'
Retirement Fund" as created in ec-
tion, 0 of this ordinance.
(p) "Retirement Syste sh
mean the "'Alameda Municipal Em
ployees' Retirement System" pro
vided far in Section 3 of this ordi-
nance.
R
q) g x Ity S ervice " shall .Wean
service rendered to the City as an
employ for compensation, and, for
the purpose of this ordinance, a
member shall be considered as being
in City Service only while he is re-
ceiving compensation from the City
for such service.
r) "Prior Service' shall mean the
City Service of a member rendered
before February 1, 1939, and allow-
able as provid.ed. in Section 8 of this
ordinance.
(s) "Current Current ervl cep' shall m ean
the City Service of a member ren-
dered on or subsequent to February
1. 1939.
M 'Continuous Service "' as ap-
plied to Prior Service shall mean a l l
prior service regardless of interrup-
tions in such service, and as applied
to Current Service of a member shall
mean uninterrupted employment by
the City except that when a. mem-
ber discontinues City Service but
subsequently reenters such service
i %rithin two years from the date of
the d.i.scontirjuan , e and requalif'ics
as provided in Section. 14, such in-
terruption shall not be deemed to
break the continuity of service.
ESTABILISHMENT of A
RINTIRIEMENT SYSTEM
Section. 3. A retirement system is
hereby created and established and
to be known as the "Alameda Mu-
nicipal Employees' Retirement ys-
tem.
RE, TIREMENT BOARD
Section 4, (a) There is hereby cre-
ated and established a Retirement
Board, which shall, under the pro-
visions of this ordinance-, administer
the Retirement System and the Re-
tirement Fund.
The Retirement Board shall consist
of the following officers of the City,
namely, the Auditor, the 'treasurer
and the City Manager, and two
members to be appointed by the
Council.. The appointive members,
one of whom shall be a member of
the Retirement System, shall each
be appointed f or a tern of two
years and until his successor is ap-
pointed and qualified.. Such terms
shall begin on the first day of .duly
and shall alternate so that the tern
of one member shall expire on the
30th. day of June of each year. Any
such appointive member may be re-
moved by the vote of four members
of the Council. A vacancy in the
appointive membership shall be filled
for the unexpired. term by the Coun-
cil.
(b ) At its first meeting after July
. of each year, the Board shall elect
from its membership a President and
a, vice - President.
(c) Members of the Retirement.
Board shall serve as such. without
compensation.
(d) The votes of a majority of the
entire membership of the Beard shall
be necessary for any action thereof,
DITTIES AND POWERS of
RETIREMENT BOARD
. Section 5. The management and
control of the Retirement System
shall be vested in the Retirement
Board, and in addition to the pow-
ers elsewhere herein granted the
Board sh.a.11 have the following duties
and powers
(a) To make any and all rules and
regulations necessary or proper to
carry out the provisions of this or-
dinance.
(b) To establish rules for its pro -
ceedings; appoint, discipline and re-
move, subject to civil service re-
quirements, its officers and em-
ployees, and prescribe their duties
provided, that no position of employ-
ment with any right of compensation
attached thereto shall be established
under the jurisdiction of said Board
except by action of the Council.
(c) To appoint and to remove from
the membership of the - Board, or,
with the approval of the City Man -
the from the regular employees of
e under his jurisdiction, a,
Secretary and an Assistant Secre-
tary, who shall serve as such with-
out additional compensation.. The
Vice-president and Assistant Secre-
tary shall act during the absence or
disability of the President or Secre-
tary, respectively, or when so au-
thorized by the Board.
(d) Subject to and in accordance
with the provisions of this ordinance,
to hear and determine all questions
relative to: the eligibility of persons
to membership in the Retirement
System., the compensation of rnem-
bers, the right of any person to re-
ceive, or to continue to receive, bene-
fits of any sort under the Retirement
System, the modification of allow-
ances for service or for disability,
or the establishment of any fact or
facts upon. which any right or bene-
fit shall accrue or terminate under
this ordinance; and in all such mat-
ters the determination of the Board
shall be final and conclusive and
shall not be subject to review except
for fraud or for clear abuse of dis-
cretion.
(e) The Board shall keep in con-
venient form such data as shall be
necessary for the actuarial valua-
tion of the Retirement Fund cre-
ated by this ordinance. At the end of
the five -yeas period beginning with
the year 1939 and at the end of every
five -year period thereafter, the
Board_ shall cause to be made an ac-
tuarial investigation into the mor-
tality, service and compensation ex-
perience of the members and bene --
fi.ciarles as defined by this ordinance,
and shall further cause to be made
an actuarial valuation of the assets
and liabilities of the Retirement
Fund, and upon the basis of such in-
vestigati.on and valuation shall-,
( 1) Adopt f or the Retirement S
tem such mortalit annuit service
and other tables as ma be deemed
necessar
(2) Revise or chan the rates of
contribution b inembers on the
basis of such mortalit annuit
service and other tables.
(f) In addition to other records
and accounts, the Board shall keep
such records and accounts as sball
be necessary to show at an time ;
(1) The total accumulated contri-
butions of members.
(2) The accumulated , contributions
of the - Cit held - - for the benefit of
members on account of service ren-
dered as members of the Retirement
S
(3) All other accumulated contri-
butions of the Cit - which shall in-
clude the amounts available to meet
the obli of the Cit on , account
of benefits that have been g ranted _..
and on account of prior service of
members.
( The.-Board shall declare- from
time to . time the rate of . interest to
be credited on contributions of -mem-
bers which rate shall exceed the
net rate currentl earned - on .. the
asset's of - the - Retirement - F und,'
(h) The Board.,shall annuall on or
before Jul -31 transmit to the Cit
Council a - report showin I inan-
cial condition of the Retirement
Fund at the close of the. precedin
fiscal y ear.
MEMBERSHIP IN THE
RETIREMENT SYSTEM
section 6.' (a) With the exception
of those -employe Os - wh 6 are - excluded
f rom membership. as provided .in - sub-
division -(b) of - this. Section, all em-
plo shall become -inembers of the
Retirement S .,as follo
( 1) Ever emplo -in .- City - Service
who is -eli for. membership' on
Februar 1, 1939, and who has been
in the Cit Service- - for six- months
shall become a - . member - of the Re-
tirement �r on that date
(2) Ever emplo who - shall re-
enter the Cit Service after Februar
1, 1939, and who prior to such re-
entr shall have completed six
months - continuous service, - - shall be-
comea- membe'r - .of the - Retirement
S upon - such. rcientr'
( 3 ) Ever Other empld who'has
entered Cit Service -before Februar
1, 1939, or who shall enter such serv-
ice after such date, shall become a
member of the Retirement S
upon the completion of six months'
continuous service.
(b) The followin emplo shall
not become members of the Retire-
ment S
(1) Elective officers and members
of boards or commissions created b
the Charter or by ordinance of the
Cit
(2) Emplo servin on a part
time basis
(3) Persons emplo under con-
tract for a definite period and for
the performance of specific duties or
persons emplo for special services
of a professional, scientific or tech-
nical character;
( 4) Emplo and members of the
Police Department and Fire Depart-
ment of the City- .rho are entitled to
the benefits of the Re' lief and Pen-
sion Fund established for members
of said- Departrhents under Ordinance
of the Cit No. 276 N. S., as-
amended ,
(5) Emplo of the Board of
Education -
(6) Emplo in Cit Service,
durin - the f irst six months under
ori appointment to a civil service
position, - if the were not members
of the Retirement S at the be-
g innin g of service in 'such position,,
(c) It shall - be the dut of the head
of , each office - or department -to g ive
immediate notice in , writin . to the
Board of the -- chan g e - in status of
an member in his - office or -depart-
ment resulting` f rom transfer, promo-
tion, leave of .absence, resi
reinstatemen't, dismissal - or death,
and to furnish such oth,Ox informa-
tion - concernin g an member as the
Board ma xe
(d) Each ..member shall be subject
to all 'the.- provisions of this ordinance
and to - all - of -.the - rules , and -re
tions -adopted b the - Board. Should
the service -to ' the - Cit y of an mern-
ber, - in -. an period - ten .. consecu-
tive , y ear's,- amount to less than - five
F ears, s, or should he be. retired, he
shall -, thOreupon cease to be a
member.
(e) Each member shall file with
the .-Board such. information af
in - his . status as a as --of the
Retirement S as the Board
ma require.,
C ONTRI13UTIO N S
Section V. (a) The rates of con tri-
b ution shall be so fixed as to provide
on the average an annuity at age
sixty -five equal to one -one hundred
fortieth (1/140) of the final compen-
sation of members for each year of
service rendered after entering the
system,, based on tables adopted by
the Board.. Until revised as a result
of the actuarial valuation provided
f or in Section 5 (e) , the rate of con-
tribution of each M'em'ber shall be
that percentage of his compensation
shown in -the following tables ac-
cording to sex and age at the nearest
birthday at the t ime of entry into
the Retirement System
55 ....... _ m_�k �� .� 5.79 6.66
5 ...._xa.._nr.w...rd_.. ------ nana- rP - -- 5.88 6J6
5 5.97 6,86
58 .d_.._..._mn--------- nReR _______ 6.06 6.96
59 ---------- -------- dR_r_nw4n_ 6.15 7.07
60 µr� �k _ *x._w....._._wv_.....ww_ww_rr._ 6.24 7.18
61 ............. __. 6.33 7.29
6 _ ____ - . --- 6.43 7.40
63 ......... _._�..raR�_n- -------- ax -___a 6.53 7.51
64 or over .......... 6.63 7.63
(b ) The rate of contribution esta.b
fished for age sixty - four shall be the
rate for any member who has at-
tained a. greater age at entrance into
the Retirement System. In like man-
ner, the rate of contribution estab-
11' shed for age twenty shall be the
rate for any member who enters
Retirement System at a Lesser age.
(c) The Retirement Board shall
certify to the head of each office or
department or City board, the rate
of contribution for each member pro -
vided for in subdi.vi.sion. (a) of this
section. The h - of each office or
department, and the chief a d minis -
tratite officer of . each City board.,
shall apply su - ch rate of contribu-
tion to so much of the compensation
of a member as does not exceed two
hundred fifty dollars per month, and
shall certify to the Auditor on each
and every payroll to the amount
to be contributed, and shall. fur -
nish - immediately to the . Retire-
ment Board. a - copy of each and
every such payroll ; and each of said
amounts - shall. be deducted by the
Ailditor and a - warrant - payable to
the Retirement Fund for the amount
of the total de ductions shall be
d.rawn, by the Auditor and paid into
the
./r-+ Retirement Fund, and the Re-
tir B oa rd sh all credit the in-
dividual acc of each member
with - the ' amount. deducted from his
ompensa.tion$ . -
d) E very m e mb er shall be d
to consent - and - agree . to the . coritri-
b ti.ons made . and. provided.. for - here -
In. Pa yment less said contrib
shall be a frill . an d complete dis-
charge of - all c l aims and de mands
whatsoever for the services rendered
by such person during the period
covered by such payment, except his
claim . to the - `5en of its to - which he
ina.y be entitled under the provisions
of this ordinance.
e The liability of the Retirement
Sy st em to an member or - b eneficia r y
on account of contributions made by
such member as provided herein. shall.
Percentage .
A ge at Entry of Compensation
Into Systems.
Male
Female
20
or under
3.90
4.49
1
_ w._.__ _. ..xa_ .w ..... .................
3.91
4,50
2
M_ ...... __._r.._w__._- Y- _a.......
3.92
4,51
23
.._ w.._. ... ....................
3.94
4.53
24
3.96
4.55
25
.................
3.98
4 ,57
26
........ ------
4.01
4.59
27
...._.........RRTwrn----------------- �
4.02
4.6
2
_r_n___._R__r. r_r_.__..... .. ---------
4 .04
4.65
9
_. r.... wwww _w_w.w.nw.._.r...R_n_ + *�.�_Y_
4,07
4,68
3
nn.r.- w_- a____--- ____w.ww_
4.10
4.7
31
... ___ ....._.v x r_ ___w._4_�r..___
4.14
4.76
32
--- _ _. ........._ww_ww�,,.n * #Fwamk
4.18
4.81
33
_ w___-- aw .Y..a ..................nrt_Y._w_
4.23
4.86
34
.......................
4.28
4.92
35
, ..... ...._ w_ .........r...srn_1..r.,.......
4.33
4.98
3
------- __...... n «R.___
4.38
5.04
37
__ ........................ _
4,44
.5.11
38
....... aR..n Y„w..
4.5U
5.18
39
.... �...... __..w ..........,.Y w_ w_
4.56
.5* 5
4-
._ w_ - ........... .._.w..
4.6
5.32
41
�. �wR_ , ............ ...._.._Yx..ne..n_
4.69
5.40
4
nm.nrvn .. ____ ................. a_....
4.76 -
- 5.48 .
43
w -- ...w w ..............
4,83
5.56 -
44
------ ....... ..............
4 .90
5.64
45
...... ....a... .n_nnwaaAWh1'two- , w_w.
4.97
5.7
46
.......
5 04
5.81
47
_ .............. ------- Y_.
5.12
5.90
4S-w-
Rnm_ ___ .¢___.www_w......._ _
5,29
5.99
49
ww T ...................... Wort..._
5.28
6.08
50
5.36
6.17
51
b.n._..._w_.wrw_w._......m n. +_��_.wY�w
5.44
6.26
5
..... ...................
5.52
6.36
53
......... a....... --------
5.61
6.46
51
ann .�..w_.rtPF�. *ak����e��,.a..o�
5.x0
6.56
55 ....... _ m_�k �� .� 5.79 6.66
5 ...._xa.._nr.w...rd_.. ------ nana- rP - -- 5.88 6J6
5 5.97 6,86
58 .d_.._..._mn--------- nReR _______ 6.06 6.96
59 ---------- -------- dR_r_nw4n_ 6.15 7.07
60 µr� �k _ *x._w....._._wv_.....ww_ww_rr._ 6.24 7.18
61 ............. __. 6.33 7.29
6 _ ____ - . --- 6.43 7.40
63 ......... _._�..raR�_n- -------- ax -___a 6.53 7.51
64 or over .......... 6.63 7.63
(b ) The rate of contribution esta.b
fished for age sixty - four shall be the
rate for any member who has at-
tained a. greater age at entrance into
the Retirement System. In like man-
ner, the rate of contribution estab-
11' shed for age twenty shall be the
rate for any member who enters
Retirement System at a Lesser age.
(c) The Retirement Board shall
certify to the head of each office or
department or City board, the rate
of contribution for each member pro -
vided for in subdi.vi.sion. (a) of this
section. The h - of each office or
department, and the chief a d minis -
tratite officer of . each City board.,
shall apply su - ch rate of contribu-
tion to so much of the compensation
of a member as does not exceed two
hundred fifty dollars per month, and
shall certify to the Auditor on each
and every payroll to the amount
to be contributed, and shall. fur -
nish - immediately to the . Retire-
ment Board. a - copy of each and
every such payroll ; and each of said
amounts - shall. be deducted by the
Ailditor and a - warrant - payable to
the Retirement Fund for the amount
of the total de ductions shall be
d.rawn, by the Auditor and paid into
the
./r-+ Retirement Fund, and the Re-
tir B oa rd sh all credit the in-
dividual acc of each member
with - the ' amount. deducted from his
ompensa.tion$ . -
d) E very m e mb er shall be d
to consent - and - agree . to the . coritri-
b ti.ons made . and. provided.. for - here -
In. Pa yment less said contrib
shall be a frill . an d complete dis-
charge of - all c l aims and de mands
whatsoever for the services rendered
by such person during the period
covered by such payment, except his
claim . to the - `5en of its to - which he
ina.y be entitled under the provisions
of this ordinance.
e The liability of the Retirement
Sy st em to an member or - b eneficia r y
on account of contributions made by
such member as provided herein. shall.
be full dischar b the g rantin g
of an retirement allowance.
W At the end of each pa
period the Auditor shall determine
the a amount of the contri-
butions for such period, and shall
certif such a amount to
the Board and shall there-upon trans-
f er an e amount to the Retire-
ment Fund f rom the mone appro-
priated for that purpose in the
bud f or the then current fliscal
y ear.
ALLOWANCE FOR SERVICE
Section 8. Credit for prior service
shall be g ranted to each person who
has rendered such - service - as de-
f ined in this ordinance and who has
become a member of the -Retirement
S on Februar 1, 1939, and to
each member enterin - the . Retire-
ment S - after ' .that date if such
entr is within ' two y ears - after re-n-
derin , Cit Service prior ' 10 - Febru-
ar 1,. 1939 however) that.
the Board -ma - g rant ' -credit for prior
service -to.
'those- entering -the- Retire-
ment'S - after Februar 1, 1939,
where the emplo - because-'Of sick-
ness - or -other disabilit .-has beery - "on
leave of abs'ence,'.-re g ranted.,
No prior se --cre'dit -shall -be use
as .- a basis f or . a retirement allow-
ance or other benefit ., unless the cur-
rent service .. of - the mernber. is - con-
tinuous until retirement. - on - a re-
tirement allowance - - or - - until the
g rantin g of such. other b6nefit..
CREATION OF FUND'
Section .9. A fund is hereb
and established, -to be known as the
"Alam-eda _.Miinidpal - Emplo Re-
tirement --Fund."' -It - shall - consist-of
all .mbne - into it - in -accordance
w ith the P rovi 1 6 T. .
I slions of ordinance
whether such Mone _- shall take - the
Orm - of cash, securities - or other
assets.
M ANAGEMENT OF
RETIREMENT'FUND
Section -10. The Retirement- Fund
shall be mana --as f ollows :
(a) 'the - -Board - shall have exclu-
live control of - the administration,
investment and disbursement. of said -
fund, - sub to the restriction . that
no investment - shall. be made -. except
upon the'.,affirmative vote of at least
three members of .. the Board,. - and.
sub - also .to the .. terms conditions
limitations and restrictions. imposed
b the laws of the State of California
upon the makin of investments b
savin banks.
(b) The Board, sub to such pro-
visions as ma be prescribed b law
for the deposit of municipal funds
in banks, ma deposit cash belon
in to the Retirement Fund in an
licensed national bank or- banks in
this State, or in an bank, banks or
corporations authorized or licensed
to do a bankin business and or-
g anized under the laws of this State,
(c) The Treasiurer of thO Cit shall
be the custodian of the Retirement
Fund,, sub -tio the exclusive con-
trol of the Retirement Board as to
the administration, deposit and in-
vestment of said - fund.* All pa
from said f und - shall - be made b
him. onl -.upon warrants si b
the President or Vice-Pres-ident and
Secretar or.Assi5tant.�ecr(�tar of
the Retirement Board, , subject to
the approval of the Auditor.
(d) Interest- on- an cash and on
- an y , investments constitutin a part
of the said, shall 'be paid into
. said-fund as received.
(e) '. - Except . as herein provided
no -member ' and. no, emplo of the
Board -.shall have -an interest, direct
-or , - lhdi r-ect,, in - the - Makin � of an
of said -InvestMents, or in the. ins
. or profits - accruin g , therefrom. No
me M-bet, -or ernplo of - the. Board,
directl or ' indirectl - for or
as - d . or partner. of others, - shall
borro an -'of its f unds . or ..deposits
or in an n manner use - - the - - same'- ex-
cept to make, such c-urrent - And neces-
sar - payments - as - are authoriz'ed b
'the Board nor shall a n y member or
emplo of the Board become -an
endorser sureL or become in an
manner an obli f or mone in-
Vested b the Board.
PRIOR SEMVICE LIABILITY
Section 11. There shall be paid into
the - Retirement.- Fund -b contribu-
tion the Cit the am'ounts neces-
sar to' P a y all pensions and all other
bene-fits -allowable - uhder this 'ordi-
nance - to members on account of
A . -
prior service. Until the arnount ae-
cumulated.- in the., -Retirement - Fund
becomes 'at' least . as lar -- asthe net
actuarial -present - value - - of -- all
amounts - - thereafter - � pa f rom
said f und, . the. amount -annuall due
f rom - the. Cit 'to the- said f und under
-this - - section shall be - the amount
pa f r'o-m- - said f und - in -the ensu-
in f iscal y ear,, on account of prior
service,,
GUARANTY
Section 12. (a) The pa of
the Cit due the Retirement Fund
as provided for in this ordinance
are hereb made obli of the
Cit except as provided in subdivi-
sion (b) of this section. The Retire-
ment Board shall annuall on or
before the second Monda in Ma
each y ear, prepare and submit to
the Cit Council an estimate of the
amounts necessax to meet such ob-
li durin the ensuin fiscal
y ear, and the Cit Council shall
provide for the raisin of such
amouxits as are necessar to make
such pa
(b) The Cit ma at an time
cbaii modif or repeal this ordi-
nance or an part thereof in respect
to its future obli - to any. . mem-
ber not at that time receivin or be-
in eli 'to a retirement
ance hereunder. It is - hereb spe;pnfi-
catl provided,. however.. and-
Cit he covenaiits. and --
tees, - that .-the -Cit obli to
those members - receivin or eli
to a retirement allowance .prior to
suuh change, modiflc4tlo -.repeal
shall continue in , full .f orce and ef f ect
as provided - - in this ordinance; and
that , the City's obli -- to , those
members' not receivin or...bein
eli to a retirement allowance at
the time ' of such -chan _ - modif ica-
ti-on . or -, repeal,. - will be - -a retirement
allowance - at - retirement a e
to the - actuarial'. e of -..the
accumulated -value of the - merAber's .
contribution., standin to'.. his - credit
at the - date of retir'einentl, -and.- the
accumulated value -of the . Cit - -
tribution for current service --to the
date . an - - modif ic t'
. of s ch -. ch j I a ion -or
repeal,. increased- f Urther - b the ac-
cumulations of said amount to date
of retirement, but - without - further
contributions from the Cit
WITHDRAWALS AND REFUND
OF CONTRID'UTIONS-.
Section 13. Should the Cit Service
of an member be terminated, ex-
cept b death .'or retirement, -the
y
amount of his accumulated contri-
butions shall -.be - paid to -him -within
six months after his.. termination - of
service, The , correspondin , amount
of contributions made b the Cit
y .
shall thereupon beincluded..in - funds
available for -prior s . ervice and 'other
obli , of the' -- -Cit here- under
and be - retained for such :purpose,
until 'the amount accumulated in the
Retirement Fund becomes at least
as lar as the net actuarial present
value of all amounts thereafter pa
able from said fund.
REINSTATEMENT AND
REDEPOSIT
Section 14, Should an member
whose Cit Service has terminated
reenter the Cit Service within two
y ears after his service has been so
terminated, he ma elect to rede-
posit in the Retirement Fund, in
one sum or in not .to exceed twent
four semi -montbl , pa an
amount e to that which he with
therefrom at.the last termina-
tion of his membership. In the event
such xedeposit is made b a rAember,
.his rate of contribution for future
y ears shall be the - same as his rate
immediatel prior -to the termination
of his ..service, - and all - credits for
.prior service' or for current service
which --he possessed at the time his
service -was terminated shall. there-
upon - be -reinstated, and an amount
e to', the accumulated contribu-
tions so redeposited shall a be
held for the- -benefit of .-such.-mem-
ber and shall . no lon be included
in -the amounts available to meet the
obli 'of the City on - account of
benefits that have been - g ranted -and
on account. of .-prior service of ni'em-
bers.- - If -.a me M-ber on. reenterin the
.Retirement. s _. after a.termina-
tion - -of .:his ..- M-ernber'ship shall -not
-make -such -r'edeposit at -the time of
his re-entrahce,-.th6-rate of.-his Con-
.tribu'tions for future y ears shall be
the rate provided. -for in subdivision
(a), 'Section - 7 -of this- ordinance at
his a of reentrance.
SERVICE - RETIREMENT
Section .15. Retirement of a mem-
ber. for - service. shall -be made -b the
Retirement 13oard . as follows:
(a) Baeb membie'r-Who.has attained
,
the -a of sevent y ears at -the - time
of his -'entrance into the -'Retirem-ent
:'S shall.- he .retired .-as of Jul 1,
1939,.-- axed .-.-6ach_.member who after
entr into the..,. s shall,, attain
the a of - sevent y ears - -shall , be
retired on the- - first -day.of the cal-
endar month next. succeedin that
in . which the ,§aid member shall-have
attained the a of sevent y ears.
(b) An member -who has attaiDed
the a of sixt 7five - y ears or older
ma -upon application-. of the head
of - the - office - or departm'ent or the
chief administrative officer of any
Cit board under whose jurisdiction
said member is employed, be retired
for service b the Retirement Board
whenever, in its jud the retire-
ment of such mernber shall be f or
the g ood of the Cit Service.
(e) An member ma retire upon
written application to the Retirement
Board statin when he desires to be
retired provided that said member,
at the time specified for his retire-
ment, shall complete at - least - ten
y ears of Cit Service and shall have
attained the a of sixt y ears.
SERVICE RETIREMENT
ALLOWANOE ,
Section M. (a) A member upon re-
tirement for service sball receive a
retirement allowance which shall
consist of :
(1) A life annuit which shali be
the actuarial - e of . his ac-
cumulated -contributions at -the time
of his retirement,-- based- on the actu-
arial tables adopted b the Board.
(2) A P en'sion for'.&Urrent - service,
derived from-the- contributions of the
Cit e to the annuit and
(3) If --the member is entitled to
credit for prior service, .an additional
pension derived from the - contribu-
tions - of the Cit - e - to one-one
hundred fortieth ( 1 / 140 ) of his final
compensation multiplied b the
number of y ears of prior service
credited to him,-
4
( b) - An member receivin
for _prior s . ervice . who . is -. retired b
reason of havin -attained the A
of sevent y ears or .who is retired
prior to attainin such-a b action
of the Retiremen't- Board for the g ood
of the -service under Sectiori 15. (b),
and who has rendered. ten - or
more of Cit Service, shall ' recieivel,a
retirement allowance .of not less than
fort dollars per month.-An such
member -who has - -ren'dered - less'than
ten y ears of - 'Cit Service ...shall.. re-
ceive a retirement' allowance - of not
less than four dollars per month for
each . full y ear of service' rendered
and for each full Y ear of additional
service, the a -of such serv-
ice and such additional service not
to exceed ten. y ears ' in all, . which
he could render. if -his -service con-
tinued . to - a sevent - if - the mini-
mum' retirement -- allowance' of - any
member as set -. forth . in-- thi's . para-
g raph exceeds -the retirement allow-
ance as - determined b -.-para
(a) of this section, the anlount nec-
essar to make up -such minimum
retirement allowance shall be pro-
vided from contributions b the
cit
DISABILITY RETMEMENT
Section 17. An inember who has
not attained the a of sixt
y ears and who has to his credit at
least ten years of Cit Service, as
defined in this ordinance, and who
is ph or mentall iricapaci-
tated for the performance of duty
ma be retired b the Retirement
Board upon medical examination as
follows'.
An member while in Cit Service
or while ph or mentall in-
capacitated for the performance of
dut if such incapacit has been
continuous from discontinuance of
Cit Service, shall be examined b
one or more ph - or sur
appointed by the Retirement Board,
upon the application of ' the head of
the -offiee'or department or the chief
administrative officer of , an Cit
.board under-whose j urisdiction said
member is - emplo or. upon - appli-
cation of said-inember, or of a person
acting in his behalf., statin that the
said member is ph Dr men,
tall incapacitated - f or dut and
ou -to -be retired, If such medical
eXarn ination and - such other evi-
dence relative to the matter as the
Board -.iina - re - shows . to the
satisfaction of the -Retirement Board
that the said _rneinber is.. ph
or me . ntall . incapacitated . for the
-
performance . of ' Cit y ervice in the
office -or department of the City
where 'he is emplo or in an other
p osition in .-Cit Service witbin the
...sarne civil service class as the posi-
tion held 'b hirn, and that such
incapacity will presumably be perma-
nent and - that - -the said -member
ou to be retired, the Retirement
Board shall retire the said , member
for disabilit - .forthwith.
The Board shall secure such Med
is -services and advice . as is -nec-
essar -to -carr out the purpose of
this section-a'nd of Section 19 of this
ordinance, and sball pa for such
medical services and advice such
compensation as the Board ma
deem reasonable.
.-ALLOWANCE ON DISABILITY
RETIREMENT
Section 18. -Upon retirement for
disabilit a ..Member - shall receive a
Retirement Allowance which shall
consist of
( a,) An annuit which shall be the
actuarial e of his accumu-
lated contributions at the time of
his retirement
(b) And, if g in the opinion of the
Retirement Board such disability
is not due to intemperance, willful.
misconduct, or violation of the law
involvin moral turpitude on the part
of the member, a pension derived
from the contributions of the Cit
sufficient to make a Retirement Al-
lowance as f ollows :
(1) One-ei (1/80) of his f inal.
compensation multiplied b the num-
ber of y ears of Cit Service rendered,
if such Retirement Allowance is in
excess of twent dollars per
month, otherwise twent dollars
per month subject in all cases, how-
ever, to .the provisions of the .,follow-
in para
(2) The , Disabilit Retiire'M'ent Al-
lowance shall not in' an event ex-
ceed the Service Retiremen't Allow-
ance receivable., b the. member
should e
he -conttnue in'.srvice,- _with-�
Out t further change- . i com . ps . en ;,Ai on,
until attainment ' of -a . sixt
and then retire under the - - Service
Retiremeiat . provisions of -this urdi-
nance.
(0 If disabilit is caused b 'an
occupational - ace4dent -or disea'se
and entitles the member to receive,
and while actuall so receivin g ,. com-
pensation benefits under - the. Work-
men's Compensation Insurance and
Safet Act of this State.. the P ension
pa under para - (b) ' of this
section shall. be redile-ed - b --the
amount of such - compensation -pa
ments. In case .. an y or all - of the
compensation benefits to which an
such rilember ma be entitled. under
such Workmen's Compensation In-
surance and - Safet y _ Act .- shalY be
awarded and .. paid ' -in a. - - lump sum,
the monthl pension - -thereafter pa
able - under paragraph (b) - of this
section shall be redUced, for .the por-
tion of the period of ' three - covered .b
the award and - remainin g after the -
pension was g ranted, - b -an amount
equal to the monthl rate on which
such lump sum award was com-
puted.
(d) Until the amount accumulated
in the Retirement Fund becomes at
least as lar a s the net actuarial
present , value of all amounts there-
a,fter pa from ..said Fund,- the
amount annuall .due from the Cit
to the said Fund -under this. section
shall be e 'to the disabilit -retire-
ment allowances pa durin the
ensuin f iscal. y ear less an amount
e to two times the annuities in
ef as provided for in para
(a) of this section.
SAFEGUARDS ON
DISABILITY RETIREMENT
Section 19. The Retirement Board
nar at its pleasure, re an
disabilit beneficiar under a
of sixt to under medical ex-
amination, such examination to be
rmade b one or more ph or
sur appointed b the Board, at
a place to be desi b the
Doard. Followin such exarnination
and the receipt of such other evi-
dence relative to the matter as the
Board ma require, the Board shall
determine whether said disabilit
beneficiar is still . incapacitated,
-ph or mentall for the per-
formance of service in the office or
department of the -Cit where he was
emplo or in an other position in
Cit Service within the same civil
service class as the position held b
-him on retirement. If the Board
shall determine that Said beneficiary
is not so incapacitated his retirement
allowance - shall - be - ca,'ncelled - forth-
with and he shall be reinstated f orth
with in the Cit Service.
- _(b) Should a disabilit beneficiar
reenter - the service and be eli
for membership In the Retirement
S - in accordance with subdivi-
sion (a) of Section 6 of - this ordl-
nance, his disabilit retirement al-
lowance shall be cancelled - and he
shall - im M-ediatel become a member
of the Retirement S his rate
of contribution f or f uture y ears bein
that cotablished f or his a . at the
time of such reentr - His .individual
account' shall be - credited with his
accumulated -contributions less the
disabilit annuit _pa made
to him.. An amount - e q ual to - the ac-
cumulated contributions so credited
to,him shall.be a held for the
.benefit - of said member. - Such m em-
ber shall receive. credit for prior
service in the same manner as if he
had never been retired for disabilit
. ( c) Should said disabilit benefi-
ciar prior to -.attainin a sixt
f ive en in g ainful occupation not
in the City Service, or should he re-
enter the service and . be ineli
for Membiarship in the Retirement
S in accordance with subdivi-
sion (b) of Section 6 . of this ordi-
nance, the - Retiremeht Board shall
reduce the amount of his retirement
tributions, the pension, annuity or re-
tirement allowance itself, any op-
tional benefit, any other right ac-
crued or accruing to a person under
the provisions of this ordinance and
the moneys in the Retirement Fund
created under this ordinance shall
not be subject to execution, garnish -
anent, attachment or any other proc-
ess whatsoever and shall be unas-
signable except as in this ordinance
specifically provided ; arid. - provided,
further, that the Beard shall have
the - right to retain out df any fu.�ture
pay gents 'of annuity, pension, . re-
tirement allowance, such amount as
it may in its discretion: set aside -for
the . purpose of repaying' into the Re-
tirement Fund any : xn.Dneys - paid any
ben.ef iciary through fraud ., : misrepre --
sen.tation, error or mistake of f act
or cif law.
:4STIMATE of - SERVICE
COMPENSATION R AGE
Section. 24..- If it shall - he imprac-
ticable for - the Retirement Board - to
determine from the records or other-
w ise . the - length of service, the com-
pensa:tion, or the age.. of any member,.
the said - Board. may - estimate, ..for - the .
purpose. of . this - ordi.nance, . -guch
length of service, co.mpensa.ti n or
.age
SERVICE AFTER RETIREMENT
Section. 25o No person who - has
been 'retired for - servi c and .who re-
ceives a retirement allo wance under.
th.e : Retln`�nien Sy stetn' shall -lie - paid
for any servi.ee, except as. furor or as
an election' officer, rnd rd. by him
to the - City after the. effectivre date
of - his retirement ,from the system.
EXPENSE S.OF.- ADMINTSTRAT TON
OF THE - )RETIREM "' " SYSTEM
Section. '26. - Except as ..Other ise
provided herein, all- ne ex-
penses of the administration' .'.of . floe
Retirement Systeryi : Shall . be .-. paid
from the funds . of the City . - . the
City ouncil -. shall appropriate the
amount -it deerns . n.ecessary - far this
purpose. The .l etlrem' ent Board shall
on or . befo the - sce6nd Monday
May of each - year .'transibit - to the
City - Manager its estima'tc 'Of the
amount of money necessary to pro -
vide for such expenses for the en.su-
ing fiscal year.
CONSTITUTIONALITY
Section 27. If any section or s ec-
tions, or pant of any section of this
ordinance shall be found to be un-
constitutional or invalid for any rea-
son, the . remainder of the - ordinance
sh.al.l not thereby be invalidated but
shall remain in full force and effect.
Section 2$. T h e contributions
herein -required to be made by the
..City - - the employees shall .begin as
of February - 1,- 1939, and, anything
herein-to-the contrary notwithstand-
ing - no - retirement either .for service
or. disability Shall becon'e of fetive
under 'this ordinance -prior . to July 1�
1939.
Section 9a T h i s ordinance is
enacted. - pursuant to - ' provislons of
Section 3-7 . (e) of the Charter of the
City of Alameda, and shall take effect
January o, 1939..
Section 30. This ordinance may
be .. cited - as the 'Alameda Municipa.1
Employees' Retirement System Or-
di nance. ."
HENRY. A. VVEI IIHART,
Presiding Officer of the Council.
Attested.
D. ELMER DYER,.
City Clerk,
.
the. und.ersigned, hereby.: certi y-
that the - foregoing Ordinance was
duly -and'. - regularly. adopted and
passed by th - e .: ounch - cif, the - City
of 'Alaameda, - in. - ..regular meeting - ais_
embled- on the 20th. day _- df -Dec6m
ber, 1938, by the following vote,
to-wit:
AYES Councilmen C arrington,
Godfrey, Maurer, Mbrri.s and Presi-
dent Welchhdrt, (5)
.A SENT a . None.
Ifs`. WITNESS' WH :1�'0�'q -I have
here -nto set �my hand and affixed
:the official seal of - said City this
.- 1s't day of December, 19 3&
(SEAL) D. ELMER DYER,
City Clerk of -the' City of Alameda,
P ublish' Dec. 22 I84P