Resolution 12043CITY OF ALAMEDA RESOLUTION NO. 12043
SUBMITTING TO THE ELECTORATE OF THE CITY OF ALAMEDA AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5,
1991, AN ORDINANCE AMENDING SECTIONS 11 AND 13 OF
PENSION ORDINANCE 1079, AS AMENDED, PERTAINING TO
PENSIONS TO DEPENDENTS UPON DEATH OF PENSIONER;
PROVIDING FOR NOTICE THEREOF; AND PROPOSING SAID BALLOT
MEASURE
WHEREAS, the City Council has called for a general municipal
election to be held on March 5, 1991 to elect officials and to
vote on qualified ballot measures and propositions,
Whereas, the City Council desires to submit to the qualified
electors of the City of Alameda a proposed ordinance to amend
Pension Ordinance 1079 as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda as follows:
Section 1. The Council of the City of Alameda hereby
proposes on its own motion an ordinance to amend Sections 11 and
13 of Pension Ordinance 1079, as amended, to read as follows:
AMENDING SECTIONS 11 AND 13 OF PENSION
ORDINANCE 1079, AS AMENDED, PERTAINING TO
PENSIONS TO DEPENDENTS UPON DEATH OF
PENSIONER
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ALAMEDA that Sections
11 and 13 of Pension Ordinance 1079, as amended, are amended to
read as follows:
Section 11. Pension to Dependents Upon Death of
Service Retired Pensioner. Upon the death of any
person receiving a pension under the provisions of
Section 10 of this ordinance, the pension theretofore
payable to the deceased pensioner shall be paid to the
widow or widower of said pensioner during his /her
lifetime until his /her remarriage, except as otherwise
hereinafter provided. Fifty percent (50 %) of the
pension shall be payable to a widow or widower who has
remarried or remarries. This benefit shall become
effective on April 1, 1991, and shall not be paid
retroactively. If there be no widow or widower, then
each unmarried child of the deceased pensioner under
the age of eighteen (18) years, shall receive twenty
percent (20%) of the salary of the rank held by the
pensioner at the time of his /her retirement until
attaining the age of eighteen (18) years, provided,
that the aggregate amount paid to such child or
children shall in no event exceed the amount of said
pension. If there be no such child or children of the
deceased pensioner, then one-third (1/3) of the salary
of the rank of said pensioner held at the time of
his/her retirement shall be paid to his/her dependent
father and mother, or if only one of them is dependent,
to such dependent person, said payments to continue
during the lifetime of such dependent person or
persons.
Upon the death of a service retired pensioner, the widow or
widower, if any, shall be entitled to no part of his/her
pension unless he/she was married to the pensioner three (3)
years prior to the date of his/her retirement. Any child or
children born of such marriage shall be entitled to benefits
in the amount and subject to the conditions provided for
children by this ordinance.
Section 13. Pension to Dependents Upon Death of
Disability Retired Pensioner. Upon the death of any
person receiving a pension under the provisions of
Section 12 of this ordinance, the pension theretofore
payable to the deceased pensioner shall be paid to the
widow or widower of said pensioner during his/her
lifetime or until his/her remarriage, except as
otherwise hereinafter provided. Fifty percent (50%) of
the pension shall be payable to a widow or widower who
has remarried or remarries. This benefit shall become
effective on April 1, 1991, and shall not be paid
retroactively. If there be no widow or widower, each
unmarried child of the deceased pensioner under the age
of eighteen (18) years, shall receive twenty percent
(20%) of the salary of the rank held by the pensioner
at the time of his retirement until attaining the age
of eighteen (18) years, provided, that the aggregate
amount paid to said child or children shall in no event
exceed the amount of the pension. If there be no such
child or children of the deceased pensioner, then one-
third (1/3) of the salary of the rank of said pensioner
held at the time of his/her retirement shall be paid to
his/her dependent father and mother, or if only one of
them is dependent, to such dependent person, said
payments to continue during the lifetime of such
dependent person or persons.
Upon the death of any disability retired pensioner who shall
marry after being so retired, the widow or widower and any
child of such marriage shall not be entitled to any of the
benefits provided by this ordinance.
Section 2. The Council of the City of Alameda hereby
proposes to and does hereby on its own motion submit to the
qualified electors of the City at the March 5, 1991 election the
proposal to amend Sections 11 and 13 of Pension Ordinance 1079,
as amended, in the manner hereinabove specifically set forth, as
follows:
AMENDMENT TO PENSION ORDINANCE 1079
Shall Pension Ordinance 1079 be amended
to allow any pensioner's widow or widower : YES :
who remarries to receive 50% of the
pensioner's pension under Pension : NO
Ordinance 1079?
Section 3. The City Clerk is hereby authorized, instructed
and directed to furnish all printed material, supplies and
necessary materials required by law.
Section 4. The City Clerk shall furnish the Registrar for
the County of Alameda with all pertinent information and material
to supplement the City's contract with the County entered into
pursuant to Elections Code Section 20003.
Section 5. The City Clerk shall publish notices pursuant to
Division 14 of the Elections Code.
Section 6. In all other matters of procedure the City Clerk
shall conduct the election as provided by the Elections Code
except where such provisions are in conflict with the provisions
of the City Charter.
Section 7. The City Clerk shall certify the passage or
failure of the proposed amendment and shall enter the results in
the records of the proceedings of the City Council at which
meeting the results of the election are certified and adopted.
Revised:11-20-90
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the twentieth day
of November, 1990, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this twenty -first day of November,
1990.
Diane Felsch, City Clerk
City-of Alameda